This chapter may be referred to as the "Open Space Zoning Ordinance."
The intent and purpose of this Zone is to assure that the City recognizes
that open space land is a limited and valuable resource which must
be conserved wherever possible and to assure that the City will carry
out the open space plan which, along with State and Regional Open
Space Plans, will accomplish the objectives of a comprehensive open
space program. This section has been prepared and adopted pursuant
to Section 65910 of the
Government Code and is intended to be consistent
with, and supplement the local Open Space-Recreation and Conservation
Elements of the General Plan heretofore adopted by the City Council.
(Prior code § 19-15.1)
Land in the O-S Zone may be utilized for the following:
A. Open
space for the preservation of natural resources including, but not
limited to, areas required for the preservation of plant and animal
life; areas required for ecologic and other scientific study purposes;
rivers, banks of rivers and streams and watershed land.
B. Open
space for the managed production of resources, including, but not
limited to, agricultural lands and areas of economic importance for
the production of food or fiber; areas required for the recharge of
ground water basins.
C. Open
space for public health and safety, including, but not limited to,
areas which require special management or regulation because of hazardous
or special conditions such as earthquake fault zones, unstable soil
areas, flood plains, watersheds, areas presenting high fire risks,
areas required for the protection of water quality and water reservoirs
and areas required for the protection and enhancement of air quality.
D. Open
space for outdoor recreation, including, but not limited to, areas
of outstanding scenic, historic and cultural value, areas particularly
suited for park and recreation purposes, including access to rivers
and streams; and areas which serve as links between major recreation
and open space reservations, including utility easements, banks of
rivers and streams, trails, and scenic highway corridors.
E. The
keeping of horses in accordance with all requirements of Section 17.20.030.B.;
provided, that the property where the horses are kept is immediately
adjacent to real property owned or rented and occupied by the owner
of the horses.
F. Wireless
communication facilities, excluding ground mounted antennas.
(Prior code § 19-15.2; Ord. 1272 § 10, 4/28/14)
Every use permitted in the O-S Zone shall be subject to the
following conditions and limitations.
A. There will be no retail sales or commercial recreation except as authorized by Conditional Use Permit pursuant to Section
17.64.040 or Sidewalk Vendor Permit pursuant to Chapter
5.28, except that retail sales of Christmas trees may be carried on between December 1 and December 30 of a calendar year.
B. No
building, structure or improvement shall be erected or constructed
on said premises except upon approval by the Planning Commission with
the following exceptions:
1. Power
transmission lines and directly related facilities including access
roads necessary to facilitate the same.
2. Rivers,
bodies of water, flood control channels and water storage facilities
publicly owned.
3. Parks,
playgrounds, golf courses and recreation areas publicly owned.
4. Public
utility facilities under regulation by the Public Utilities Commission.
5. Accessory
buildings for existing uses which do not have a floor area in excess
of 500 square feet, provided not more than 10% of the land area is
devoted to such uses.
6. Railroad
and rapid transit facilities, including all necessary related facilities.
7. Freeway
rights-of-way, including existing and future on and off-ramps.
8. Stables and other facilities necessary for the keeping of horses as provided in Section
17.64.020(E).
(Prior code § 19-15.3; Ord. 1368 § 4, 1/28/19; Ord. 1404 § 4, 12/14/20)
The following uses may be permitted in the O-S Zone after approval
of a Conditional Use Permit.
A. All facilities and structures not directly excluded by Section
17.64.030(B).
B. Buildings,
structures and facilities necessary to preserve open space for the
public health and safety, including police and fire facilities.
C. Commercial
recreational uses.
D. Storage
and parking facilities for recreational vehicles and nonrecreational
vehicles.
H. Shipping containers, provided there is also compliance with Section
17.72.090.
(Prior code § 1915.4(a)—(d), (g)—(i),
(k) and (n); Ord. 1319 § 25, 10/10/16)
A. CUP
Required. Boarding of horses may be permitted in the O-S Zone after
approval of a Conditional Use Permit and provided the development
standards in this section are met.
B. General
Development Standards. The following general development standards
establish minimum and maximum standards for maintaining equines:
1. Minimum
site area shall be not less than one acre.
2. The
number of horses permitted on the property shall not exceed one horse
per 2,000 square feet of land area of the facility.
3. Yard
Requirements. The yard requirements shall pertain to all structures
including, but not limited to, stalls, corrals, arenas, fly-tight
manure bins, pastures and grazing areas, except access roads, parking
areas and watchman's quarters. All such structures or areas shall
maintain a minimum of 75 feet from any property that is used for residential
use.
4. Landscaping
and Irrigation. Landscaping and irrigation system shall be subject
to the approval of the Planning Department and provided in the following
manner:
a. A five foot planter shall be provided along the front property line.
b. A five foot planter with perimeter trees and shrubs shall be provided
along the side and rear property lines.
c. A permanent irrigation system shall be provided.
d. A six foot fence shall be provided when facility is adjacent to a
publicly dedicated street.
5. Parking
shall be provided on permanently improved lots of not less than two
feet of asphalt and three feet of untreated base with not less than
one parking space for each three corrals, plus one horse trailer space
for each 10 corrals.
C. Specific
Development Standards. The following specific requirements shall also
be met:
1. Corrals.
There shall be a minimum size of corral of 288 square feet provided
for each equine except that a mare and foal may be corralled together
for a period not to exceed 12 months.
a. Each corral shall have a minimum dimension of 12 feet and shall be
enclosed by a five foot high fence. Pipe fences are favored for maximum
air circulation.
b. Box Stalls. A box stall is optional and may be provided in lieu of
equine corrals. Box stalls shall be a minimum of 144 square feet and
shall maintain a minimum dimension of 12 feet.
c. Each equine shall be provided with a minimum 96 square feet of shelter
covering with a minimum dimension of eight feet. Shelters shall be
sloped away from corrals, or rain gutters which lead to the outside
of the corral shall be installed.
d. Each corral and/or box stall shall be provided with a combination
manger and feeder and a permanently installed water system with automatic
drinking controls. The watering cup or drinking device shall at all
times be under a shaded area.
e. Corral floors shall be graded to slope away from the center of the
corral.
f. In all areas where equines are maintained, the land surface of such
enclosure shall be graded above the remaining land surface so as to
provide adequate drainage.
g. Back-siphoning device shall be installed to protect the public water
supply. An approved pressure vacuum breaker is recommended on the
water line serving the corrals. The vacuum breaker should be at least
12 inches above the highest point of water usage or an approved double
check valve may be acceptable.
2. Wash
Rack. There shall be one wash rack provided for every 35 equines,
but in no case shall there be less than one wash rack. Each wash rack
shall have a minimum size of six feet wide and eight feet long, shall
be provided with a permanent water system, shall be constructed with
a concrete slab floor and shall be connected to an approved sewerage.
3. Public
toilets for each sex shall be provided.
4. One
mobile home unit or equivalent for a watchman's quarters shall be
provided.
5. Security
lighting shall be provided and all utilities shall be underground.
6. All
public rights-of-way shall be fenced and limited ingress and egress
for vehicles and horses shall be provided.
D. Performance
Standards. It is the intent of these standards to attain free circulation
of air and maximum exposure to sunlight for the purpose of improving
sanitation.
1. Fly
and Insect Control. Fly and insect control shall be diligently practiced
and subject to Chapter VIII, of the Public Health Code of the County
of Los Angeles.
a. Disposal of stable wastes shall follow one or more of the following
methods:
(1) All thin layer spread shall be subject to the approval of the Los
Angeles County Health Officer.
(2) Immediate off-site delivery to farmers for direct fertilizer use,
or to a county landfill for destruction.
(3) Temporary placement shall not exceed 48 hours in an all concrete,
three walled open storage bin with removal to off-site use or destruction
on a suitable schedule. Size of storage bins depends on projected
daily volume of waste.
b. Feed mangers or boxes shall not be placed near water sources since
damp spilled feed attracts flies and makes good breeding site for
flies.
2. Rodent
Control. Rodent control shall be diligently practiced and subject
to Chapter VIII of the Public Health Code of the County of Los Angeles,
and the entire premises shall be kept in an orderly and sanitary manner
to prevent possible rodent infestation.
a. All dry grains shall be stored in rodent proof metal containers and
hay shall be stored in a covered structure on a cement slab or on
a raised wood platform that maintains a minimum clearance of 18 inches
above the ground. Hay stored other than within a building shall not
exceed a height of 10 feet, and shall not be stored closer than five
feet to a property line.
b. Any tack equipment, device, substance, or material shall be stored
on racks or shelves at least 12 inches above the floor surface. Tack
room floors shall maintain a minimum clearance of six inches above
the ground.
3. Water
Management. Special attention shall be given to water sources because
accumulation of manure, bedding and/or feed with water are ideal for
fly production. For effective reduction of these fly-production sources,
the following guidelines are provided:
a. A nonleak valve for all troughs, bowls, cups and other water resources
shall be provided.
b. Automatic valves, or sanitary drains if water flow is continuous,
are needed equipment for large troughs or cups.
c. In all animal enclosure areas, the owner shall properly grade the
earth surface to suit the master drainage plan so that rain water
or water trough overflow does not form ponds.
d. Frequently remove stall bedding from underneath water cups.
4. Stable
Sanitation. Good sanitary methods around barn, stalls, paddocks, tack
sheds and the owner's quarters are as important as manure management.
A general cleanup program should accompany the manure management system.
Weed control near corrals, water troughs, and surrounding areas around
the paddocks helps the sun to penetrate and allows the movement of
air.
5. Dust
Control. All permitted areas for the keeping of animals shall be maintained
so as to be dust free by dampening with a sprinkler system or other
acceptable means to remove detrimental or nuisance aspects relating
to dust emission from the area so used.
(Prior code § 19-15.4(e))
A. CUP
Required. Agricultural greenhouses may be permitted in the O-S Zone
after approval of a Conditional Use Permit and provided the development
standards in this section are met. No Conditional Use Permit shall
be issued pursuant to this section except upon a finding, in addition
to all other findings and determinations required for a Conditional
Use Permit, that said Conditional Use Permit is in substantial compliance
with the Open Space-Recreation and Conservation Elements of the General
Plan.
B. General
Development Standards.
1. Minimum
30 foot front yard setback.
2. Minimum
20 foot rear yard setback.
3. Minimum
20 foot side yard setback.
4. Maximum
height not to exceed 14 feet from the highest finished grade.
5. Maximum
lot coverage 25%.
6. Landscape
and irrigation. Landscaping and irrigation system shall be approved
prior to issuance of building permits, and shall provide mature vegetation
to screen all structures.
7. Building
materials and colors shall provide minimum contrast.
(Prior code § 19-15.4(f))
Game arcades as accessory use to commercial recreation in the
O-S Zone may be permitted after approval of a Conditional Use Permit
and provided the following conditions are satisfied:
A. No
game arcade shall be permitted within 300 feet of any public or private
school or other game arcade.
B. The
minimum size of an area utilized for such use shall be 1,000 square
feet of floor area.
C. A minimum
of 50% of the floor area of said area shall be open and free at all
times.
D. A person
shall not maintain any game to which the public is invited, unless
the interior of such game arcade, except the restrooms thereof, is
visible immediately upon entrance into the premises of which said
game arcade is a part. All entrances and interior areas to be adequately
lighted, and a lighting plan to be approved by the Planning Commission.
E. No
proprietor, employee thereof, or person in charge, shall allow any
minor under 18 years of age to play or use any such game during the
academic year for Bellflower Public Schools between the hours of 7:00
a.m. and 3:00 p.m., except during school holidays and on Saturday
and Sunday.
F. No
owner, manager or proprietor, or other person having charge of any
game arcade shall keep the game open or allow or permit the same to
be kept open between the hours of 10:00 p.m. and 10:00 a.m. of the
following day, except as specifically permitted by the terms of the
Conditional Use Permit, nor allow, or permit any person, except such
owner, manager, proprietor or person in charge thereof, or persons
regularly employed in and about the same, to be or remain therein
between the hours.
G. The
walls of the game arcade, if in common with another business establishment,
shall have a Sound Transmission Class Rating of 56.
H. A minimum
of two bicycle rack spaces shall be provided for every one mechanical
or electronic amusement machine. Such bicycle parking shall not be
located on public right-of-way or within required parking spaces.
I. A person
shall not enter, be or remain in any part of a game arcade while in
the possession of, consuming, using or under the influence of any
alcoholic beverage or drug. The licensee, manager, and every supervisory
employee shall not permit any such person to enter or remain upon
the licensed premises. Establishments having CUPs for the on-premises
sale of alcoholic beverages are exempted.
J. At
least one responsible adult shall be in attendance at all times that
the business establishment is open to provide adequate management
control over said premises. At the discretion of the Planning Commission,
this number may be increased if deemed necessary to protect the public
health, safety and general welfare.
(Prior code § 19-15.4(j))
Self-service storage facilities may be permitted in the O-S
Zone after approval of a Conditional Use Permit and provided the following
conditions are satisfied:
A. The
minimum area of the parcel or lot shall not be less than 80,000 square
feet.
B. Each
lot shall have a minimum frontage of not less than 40 feet. A self-service
storage facility shall not be permitted on a lot which has street
frontage on a major arterial street as indicated on the Land Use and
Circulation Element of the City.
C. Building
setback when adjoining residential property:
1. Front
yard setback: Twenty-five feet.
2. Side
yard setback: Twenty-five feet.
3. Rear
yard setback: Twenty-five feet.
D. Setback
when adjoining commercial or industrial properties:
1. Front
yard setback: None.
E. Setback
when adjoining open space properties:
1. Front
yard setback: Twenty-five feet.
2. Side
yard setback: Five feet.
3. Rear
yard setback: Twenty-five feet.
F. Maximum
lot coverage of all buildings shall not exceed 30% of the total lot
area.
G. Off-street
parking shall be provided in the following manner:
1. The
provision of parking/driving lanes adjacent to the storage buildings.
2. Two
covered parking spaces shall be provided adjacent to the manager's
quarters.
3. One
parking space for every 100 storage cubicles or fraction thereof with
a minimum of three spaces being provided.
4. Required
parking spaces shall not be rented as or used as vehicular storage.
H. On-site
circulation and minimum driveway width:
1. All
interior drives shall have a minimum width of 30 feet.
2. A
driveway aisle where access to storage units is only on one side of
the aisle may only be 18 feet in width.
3. Access
shall be limited to one access point per street frontage.
I. Building
height shall not exceed 22 feet. Storage structures shall not exceed
12 feet in height. All storage structures must be built or placed
on permanent foundations. Structures or containers not permanently
affixed to the ground may not be used for any purpose.
J. Any
site boundary abutting a residential zoning district shall be fenced
with a solid eight foot high decorative block wall. Any site boundary
abutting a commercial or industrial district shall be fenced with
a solid six foot high decorative block wall.
K. Exterior
lighting shall be so arranged and shielded so as to prevent glare
on adjacent properties or highways.
L. An
on-site manager's unit and 24 hour management shall be provided.
M. Landscaping
shall be provided in all required setback areas and throughout nonstorage
parking areas.
N. The
sale of any item from or at a leased self-storage facility is specifically
prohibited.
1. It
is unlawful for any owner, operator or lessee of any self-storage
facility or portion thereof to offer for sale or to sell any item
of personal property or to conduct any type of commercial activity
of any kind whatsoever other than leasing of the storage units, or
to permit same to occur upon any area designated as a self-service
storage facility.
O. No
outside storage shall be permitted except for recreational vehicles
or motorized equipment in operable condition.
P. Repair
of Vehicles and Furniture Prohibited. Because of the danger from fire
or explosion caused by the accumulation of vapors from gasoline, diesel
fuel, paint, paint remover and other flammable materials, the repair,
construction or reconstruction of any boat, engine, motor vehicle
or furniture, and the storage of any propane or gasoline engine or
propane or gasoline storage tank or any boat or vehicle incorporating
such components, is prohibited within any structure on the parcel
of land designated as a self-service storage facility.
Q. Storage
of Caustic, Hazardous or Toxic Materials. The storage of any caustic,
hazardous or toxic materials or waste materials thereof shall be prohibited
with the exception of the storage of the above materials with approval
by the Los Angeles County Fire and Health Departments.
R. No
public address system shall be allowed.
(Prior code § 19-15.4(l))
Notwithstanding any other term or provision of this title to
the contrary, variances from the terms and provisions of this chapter
shall be granted only upon literal and strict interpretation and enforcement
of Section 65911 of the
Government Code which as adopted by Statutes
1970, Chapter 1590, reads:
"Variances from the terms of an Open-Space Zoning Ordinance
shall be granted only when, because of special circumstances applicable
to the property, including size, shape, topography, location of surroundings,
the strict application of the Zoning Ordinance deprives such property
of privileges enjoyed by other property in the vicinity and under
identical zoning classification. Any variance granted shall be subject
to such conditions as will assure that the adjustment thereby authorized
shall not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and zone in
which such property is situated. This section shall be literally and
strictly interpreted and enforced so as to protect the interest of
the public in the orderly growth and development of cities and counties
and in the preservation and conservation of open-space lands."
(Prior code § 19-15.5)
The City of Bellflower hereby finds and declares that this chapter
is not intended, and shall not be construed, as authorizing the City
to exercise its power to adopt, amend or repeal the Open-Space Zoning
Ordinance in a manner which will take or damage private property for
public use without the payment of just compensation therefore. This
section is not intended to increase or decrease the rights of any
owner of property under the Constitution of the State of California
or of the United States.
(Prior code § 19-15.6)