This Chapter provides site planning and development standards
for land uses that are allowed by Article 2, Zoning Districts,
Permitted Land Uses and Zone-Specific Standards, in individual
or multiple zoning districts, and for activities that require special
standards to mitigate their potential adverse impacts.
(Ord. 2456 § 2, 2010)
Land uses and activities covered by this Chapter shall comply
with the provisions applicable to the specific use, in addition to
all other applicable provisions of this Title.
A.
Where
Allowed. The uses that are subject to the standards in this Chapter
shall be in compliance with the requirements of Article 2.
B.
Land
Use Permit Requirements. The uses that are subject to the standards
in this Chapter shall be authorized by the land use permit required
by Article 2, except where a land use permit requirement is established
by this Chapter for a specific use.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of regulating adult businesses is to prevent
problems of blight and deterioration that can be brought about by
the concentration of adult entertainment businesses in close proximity
to incompatible uses such as schools, churches, parks, recreational
centers, and residentially zoned districts, or in proximity to other
adult uses. It is also the purpose of these regulations to establish
reasonable and uniform regulations to prevent the concentration of
adult business establishments or their proximity to incompatible uses,
while permitting such adult business establishments in certain areas.
B.
Adult arcade.
Adult bookstore.
Adult booth.
1.
2.
3.
Adult business.
1.
2.
Adult cabaret.
Adult dance studio.
Adult hotel/motel.
Adult-oriented merchandise.
Adult theater.
Arcade booth.
Establish.
Figure modeling studio.
Material.
Performer.
Specified anatomical areas.
1.
Specified sexual activities.
Definitions.
For the purposes of this Section, the following words and phrases
shall have the meaning respectively ascribed to them in this Section:
Any place to which the public is permitted or invited and
where coin, or slug-operated, electronically or mechanically controlled
amusement devices, still or motion picture machines, projectors or
other image-producing devices are maintained to show images on a regular
or substantial basis, where the images so displayed are distinguished
or characterized by an emphasis on depicting or describing "specified
sexual activities" or "specified anatomical areas."
An establishment having as a regular and substantial portion
of its stock in trade, material that is distinguished or characterized
by its emphasis on matter depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas."
Any enclosed or partially enclosed portion of an adult business
used for any of the following purposes:
Where a live or taped performance is presented or viewed where
the material presented is distinguished or characterized by its emphasis
on matter depicting, describing, or relating to "specified sexual
activities" or "specified anatomical areas."
Where persons engage in "specified sexual activities" or activities
involving "specified anatomical areas."
Where adult arcade devices are located.
Those businesses defined as:
Any business establishment or concern which as a regular and
substantial course of conduct operates as an adult bookstore, adult
theater, adult arcade, adult cabaret, adult figure modeling studio,
adult motel or hotel; or
Any business establishment or concern which as a regular and
substantial course of conduct offers, sells or distributes adult-oriented
merchandise or sexually oriented merchandise, or which offers to its
patrons materials, products, merchandise, services, or entertainment
characterized by an emphasis on matters depicting, describing, or
relating to "specified sexual activities" or "specified anatomical
parts," but not including those uses or activities which are preempted
by State law.
A nightclub, bar, or other establishment (whether serving
alcoholic beverages or not) that features live or media performances
by topless and/or bottomless dancers, go-go dancers, exotic dancers,
strippers, or similar entertainers, and where such performances are
distinguished or characterized by their emphasis on matter depicting,
describing, or relating to "specified sexual activities" or "specified
anatomical areas."
Any establishment or business that provides for members of
the public a partner for dance, where the partner or the dance is
distinguished or characterized by the emphasis on matter depicting,
describing, or relating to "specified sexual activities" or "specified
anatomical areas."
A hotel or motel, as defined in this Title, that is used
for presenting, on a regular and substantial basis, material that
is distinguished or characterized by the emphasis on matters depicting,
describing, or relating to "specified sexual activities" or "specified
anatomical areas" through closed circuit or cable television or through
video tape recorder where video tapes are provided by the hotel/motel.
Sexually oriented implements, paraphernalia, or novelty items,
such as, but not limited to: dildos, auto sucks, sexually oriented
vibrators, benwa balls, inflatable orifices, anatomical balloons with
orifices, simulated, and battery-operated vaginas, and similar sexually
oriented devices that are designed or marketed primarily for the stimulation
of human genital organs or sadomasochistic activity or distinguished
or characterized by their emphasis on matter depicting, describing,
or relating to "specified sexual activities" or "specified anatomical
areas."
A theater or other commercial establishment with or without
a stage or proscenium that is used for presenting, on a regular or
substantial basis, material that is distinguished or characterized
by its emphasis on matter depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas."
Any enclosed or partially enclosed portion of an establishment
in which an adult arcade is located, or where a live performance is
presented on a regular or substantial basis, where the material presented
is distinguished or characterized by its emphasis on matter depicting,
describing, or relating to "specified sexual activities" or "specified
anatomical areas."
Establish includes any of the following:
Any establishment or business that provides for members of
the public the services of a live human model for the purpose of reproducing
the human body, wholly or partially in the nude, by means of photograph,
painting, sketching, drawing, or other pictorial form.
Any material relative to adult businesses means and includes,
but is not limited to, accessories, books, magazines, photographs,
prints, drawings, paintings, motion pictures, pamphlets, videos, slides,
tapes, or electronically generated images or devices including computer
software, or any combination thereof.
Any person who is an employee or independent contractor of
the adult business, or any person who, with or without any compensation
or other form of consideration, performs live entertainment for patrons
of an adult business.
Specific anatomical areas include any of the following:
Less than completely and opaquely covered, and/or simulated
to be reasonably anatomically correct, even if completely and opaquely
covered:
Specified sexual activities means and includes the following:
C.
Restriction
on Where Such Businesses May Locate. No adult business shall be established,
located, or operated in any zone in the City other than the C2 (General
Business) and CM (Commercial-Industrial) Districts and only when within
the ascribed distances of the certain specified land uses or zones
as set forth here.
1.
No such business shall be located within a 200-foot radius of any
residential zone. The distance between a proposed adult business use
and a residential zone shall be measured between the nearest exterior
wall of the proposed use and the nearest property line included within
the residential zone, along a straight line extended between the two
points.
2.
No such business shall be located within 200 feet of any other adult
use regulated under this Title. The distance between two adult businesses
shall be measured between the nearest property lines of the adult
uses along a straight line extended between the two points.
3.
No such business shall be located within a 200-foot radius from real
property boundaries of a church, temple, or other place used exclusively
for religious worship, or from a school, park, playground, or similar
use (collectively "sensitive uses"). The distance between a proposed
use and a sensitive use shall be measured between the nearest property
line of the proposed use and the nearest property line of the sensitive
use, along a straight line extended between the two points.
D.
Operation
Restrictions
1.
Separation of patrons and performers.
a.
No person shall perform live entertainment for patrons of an adult
business except upon a permanently fixed stage that is at least 18
inches above the level of the floor, separated by a distance of at
least 6 feet from the nearest area occupied by patrons, and surrounded
with a 3-foot high stationary barrier. No patron shall be permitted
within 6 feet of the stage while the stage is occupied by a performer.
b.
When patrons are present at the establishment, they shall not be
allowed to directly touch, fondle, or caress, as those terms are defined
in Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th
Cir. 1986), the performers while they are performing. This prohibition
does not extend to incidental touching. Patrons shall be advised of
the separation and no touching requirements by signs placed on the
barrier and if necessary by employees of the establishment.
2.
Tipping. If patrons wish to tip performers, tips shall be placed
in receptacles that shall be located at least 6 feet from the permanently
fixed stage. Patrons shall not throw tips to performers, hand tips
directly to performers, or place tips in the performers' costumes.
3.
On-site manager. All adult businesses shall have a responsible person
on the premises to act as manager at all times during which the business
is open.
4.
Hours of operation.
a.
It is unlawful for any operator of an adult business to allow such
adult business to remain open for business or to permit any employee
to engage in a performance, make a sale, solicit a sale, provide a
service, or solicit a service between the hours of 2:00 a.m. and 11:00
a.m. of any particular day.
b.
It is unlawful for any employee of an adult business to engage in
a performance, solicit a performance, make a sale, solicit a sale,
provide a service, or solicit a service between the hours of 2:00
a.m. and 11:00 a.m. of any particular day.
c.
The hours of operation of any adult business that has a permit from
the State Department of Alcoholic Beverage Control (ABC) shall be
governed by the provisions of its ABC permit and not by this Section.
5.
Age restrictions. It is unlawful for any employee, owner, operator,
responsible managing employee, manager, or permittee of an adult business
to allow any person below the age of 18 years on the premises or within
the confines of any adult business if no liquor is served, or under
the age of 21 if liquor is served.
If an adult business does not serve alcohol, it shall post a
notice inside the establishment, within 10 feet of every entrance
used by customers for access to the establishment, explaining that
persons below the age of 18 years of age are prohibited from entering
onto the premises or within the confines of the adult business. This
notice shall be posted on a wall in a place of prominence. The dimensions
of the notice shall be no less than 6 inches by 6 inches, with a minimum
typeface of 25 points. If the adult business serves alcohol, it shall
comply with all notice and posting requirements of the Alcoholic Beverage
Control Department.
6.
Violations. Any person who violates any provision stated in this
Section shall be guilty of a misdemeanor and subject to a fine of
$1,000.00 and/or imprisonment for a period of up to 6 months.
E.
Development
Requirements
1.
Regulation of booths. No one shall maintain any adult booth unless
the entire interior of the adult booth is visible upon entering into
the adult booth, and further, the entire interior of the adult booth
and body of any person in the adult booth is also visible to a manager
of the establishment at all times. No partially or fully enclosed
booths or partially or fully concealed booths shall be maintained.
No adult booth shall be occupied by more than one person at a time.
No openings or windows of any size or description shall be permitted
between adult booths. No holes, commonly known as "glory holes," shall
be permitted in the walls or partition of an adult booth. No door,
screen, curtain, or other covering may be attached or installed on
any adult booth.
2.
Access provisions.
a.
The operator shall not permit any doors on the premises to be locked
during business hours and, in addition, the operator shall be responsible
for seeing that any room or area on the premises shall be readily
accessible at all times and shall be open to view in its entirety
for inspection by any law enforcement officer.
b.
Access to X-rated movies or video tapes shall be restricted to persons
over 18 years of age. If an establishment that is not otherwise prohibited
from providing access to persons under 18 years of age sells, rents,
or displays videos that have been rated "X" or rated "NC-17" by the
motion picture rating industry ("MPAA"), or which have not been submitted
to the MPAA for a rating, and which consist of images that are distinguished
or characterized by an emphasis on depicting or describing "specified
sexual activities" or "specified anatomical areas," said videos shall
be located in a specific section of the establishment where persons
under the age of 18 shall be prohibited.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of regulating agricultural uses is to ensure
compatibility with surrounding uses and properties, and to avoid any
impacts associated with such uses. In all residential zoning districts
(R1 to R5), the following agricultural uses are permitted:
1.
Farming, including all types of agricultural and horticulture, except:
a.
Commercial dairies;
b.
Commercial kennels or rabbit, fox, goat, and other animal-raising
farms;
c.
Egg-producing ranches and farms devoted to the hatching, raising,
fattening, and/or butchering or chickens, turkeys, and other poultry
on a commercial scale;
d.
Hog and other livestock-feeding ranches;
e.
Ranches operated publicly or privately for the disposal of garbage,
sewage, rubbish, and offal;
2.
Flower and vegetable gardening;
3.
Nurseries and greenhouses uses only for purposes of propagation and
culture and not for retail sales.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. This Section provides operational standards for kennels,
pet day care facilities, veterinary clinics and animal hospitals in
compliance with Article 2, Zoning Districts, Allowable Land
Uses, and Zone-Specific Development Standards.
B.
Operational
Standards
1.
All operations must be conducted within a completely enclosed building.
2.
No pens, runs, buildings, or structures used for the confinement
or shelter of dogs shall be closer than 100 feet to any existing dwelling
on an adjacent property.
3.
No pens, runs, buildings, or structures used for the confinement
or shelter of dogs shall be closer than 50 feet to any property line
common to other property, unless such adjacent property is devoted
to another commercial kennel or veterinary hospital.
4.
No pens, runs, buildings, or structures used for the confinement
or shelter of dogs shall be located closer than 100 feet to any public
street or highway.
5.
The areas within the building where animals are boarded shall be
sufficiently soundproofed to prevent a disturbance or become a nuisance
to surrounding properties, as determined by the Director.
6.
The areas of the building where animals are boarded shall have a
minimum of 10 air changes per hour.
7.
Animal isolation areas shall have 100 percent fresh air with all
air exhausted and none returned to the ventilation system.
8.
Public access areas shall be provided with a separate ventilation
system from the animal boarding and treatment areas.
9.
The areas used for animal boarding, isolation, and treatment shall
be constructed of easily cleanable materials.
10.
All areas where animals are present shall be cleaned a minimum of
twice daily to provide appropriate odor control and sanitation.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of regulating cafés, coffee houses
and tea houses is to ensure compatibility with surrounding uses and
properties, and to avoid any impacts associated with such uses.
B.
Applicability.
Cafés, coffee houses, and tea houses, if in compliance with
the following provisions, set forth in this Section, are exempt from
a Conditional Use Permit:
1.
Located within an enclosed mall having no direct exterior access;
or
2.
With no seats and a customer service area encompassing 250 square
feet or less; or
3.
With hours of operation limited to 6:30 a.m. to 9:00 p.m. Monday
through Thursday and 6:00 a.m. to 10:00 p.m. Friday, Saturday, and
Sunday.
C.
Operation Restrictions and Development Standards. For cafés, coffee houses and tea houses in compliance with the provisions stated in subsection B and therefore exempt from a Conditional Use Permit, the following operation restrictions shall apply:
1.
Visibility into the interior of the premises shall not be blocked
by window tinting greater than 20 percent opacity, opaque coverings
of any nature, or by painted signs covering more that 25 percent of
any window pane area.
2.
Illumination within the patron seating area of the business shall
not be less than 1.0 footcandle per square foot.
3.
No entertainment, including karaoke, shall be permitted at any time.
No televisions or monitors for video or audio transmission shall be
provided.
4.
No more than four amusement devices shall be in the business at any
time.
5.
No type or amount of alcoholic beverages shall be sold or allowed
to be present at any time, for any purpose, on the premises.
6.
"No Loitering" signs shall be posted on the front and rear of the
business and within the guidelines set forth by the City.
7.
No smoking shall be permitted within the establishment at any time.
8.
Two handicapped-accessible public restrooms shall be required if
12 or more patron seats are provided.
9.
No person aged 17 or younger shall be permitted in the establishment
after 10:00 p.m. on any day.
(Ord. 2456 § 2, 2010)
This Section provides location, development, and operating standards
for child day care facilities, in a manner that recognizes the needs
of childcare operators and minimizes the effects on surrounding properties.
These standards apply in addition to the other provisions of this
Title and requirements imposed by the California State Department
of Social Services. Licensing by the Department of Social Services
is required for all facilities.
A.
Purpose
and Intent. The purpose of regulating child day care facilities is
to safeguard the health, safety, and general welfare of children,
ensure compatibility with surrounding properties, and implement State
law with regard to the provision of child care centers, as defined
by the California Health and Safety Code Section 1596.76.
B.
Day
Nurseries and Nursery Schools
1.
Operation restrictions.
a.
All child day care centers shall comply with all applicable State
of California regulations and requirements at all times.
b.
The business operator shall obtain all licenses and permits required
by State law for the operation of the facility. The provider shall
keep all State licenses or permits valid and current.
2.
Development standard. There shall be a single green play area of
not less than 600 square feet plus an additional 75 square feet for
each child in excess of six.
Such play area shall be located on the same or on an adjoining
lot, but shall not be located in any required front yard.
C.
Large Family Day Care Homes—Administrative Use Permit Required. A large family day care home requires approval of an Administrative Use Permit, in compliance with Chapter 17.550, Administrative
Use Permits and Conditional Use Permits, and is subject to
the following additional provisions:
1.
Notice of filing of the application shall be in accordance with Chapter 17.630, Public Hearings and Administrative Review, and the following additional requirements:
2.
Except as provided in subsection C.3., immediately below, the Director shall have authority without a hearing to approve, conditionally approve, or disapprove the application based on the required findings in Section 17.550.020, Findings and Decision.
3.
If one of the property owners notified in compliance with subsection C.1. files a written request with the Division within 10 days after the date the notice was mailed, the application shall be referred to the Commission for public hearing. The hearing shall be promptly scheduled by the Director. Notice of the hearing shall be in accordance with Chapter 17.630, Public Hearings and Administrative Review, except only real property owners within a one-hundred-foot radius need to be notified. Any person may present oral or written testimony at the hearing. The Commission shall approve, conditionally approve, or disapprove the application based on the required findings in Section 17.550.020, Findings and Decision.
D.
Large
Family Day Care Homes—Development Standards. Large family day
care homes can operate in a residential zoning district provided that
a large family day care permit has been issued in compliance with
the conditions and the procedures specified herein prior to establishment
of the facility:
1.
The applicant lives in the home, and the home is the applicant's
principal residence. The applicant shall provide adequate written
evidence of its residency.
2.
The use of the residence as a large-family day care home is clearly
incidental and secondary to the primary residential use of the property.
3.
The property or home has not been altered or structurally changed
in a way that is adverse to the character or appearance of the residential
zone.
4.
The garage is not used for any purpose relating to the caregiving
of the children.
5.
No signs or other indicia that identify the residence as a large
family day care home.
6.
There shall be a minimum distance of 1,200 feet between the parcel
on which the large family day care is located and the nearest other
parcel containing a large family day care. The minimum distance required
by this Section shall be measured from the nearest property line to
the nearest property line.
7.
A 6-foot high masonry wall shall be installed on the side and rear
yard property lines adjacent to other residential uses.
8.
Four off-street parking spaces shall be maintained, 2 of which may
be garage spaces and 2 may be driveway utilized to serve the garage
(1 for the provider, 1 for assistant, and 2 for pickup and drop-off
of children).
9.
If the residence is located on a major arterial street, there shall
be a drop-off/pickup area designed to prevent vehicles from backing
onto the major arterial roadway.
10.
A minimum of 1,000 square feet of contiguous rear-yard open space
shall be provided.
11.
Noise levels shall be maintained in compliance with Chapter 18.28, Noise Control, of the WMC.
12.
The applicant is in compliance with all applicable regulations of
the Orange County Fire Authority and Building Code regarding health
and safety requirements.
13.
The applicant has applied for a large family day care home license
from the State of California, Department of Social Services.
14.
Applicant shall receive and maintain at all times a State license
to operate the facility from the Department of Social Services pursuant
to California Health and Safety Code 175906 et seq., as a condition
of approval to the granting of a permit by the City.
15.
Applicant shall notify the City within 24 hours of any suspension,
revocation or termination of its State issued license to operate the
large family day care home. It shall be a condition of approval that
the City issued permit shall only remain valid so long as the State
license remains valid and in full force and effect. The suspension
or revocation of the State issued license shall constitute a sufficient
basis for revocation by the City of the City permit.
16.
Any large family day care home permit issued by the City under the
provisions of this Section must be established and the use commenced
within 180 days of the City's final authorization of the use or such
permit shall become null and void. Any large family day care permit
issued by the City may be revoked following a public hearing if the
use has been operated in violation of this Title if the use has been
discontinued for a period of 180 days or more or if the license issued
by the State of California to operate the facility is terminated.
17.
The applicant shall meet all standards of this permit at all times
and maintain compliance with the conditions set forth herein throughout
the use of the permit.
(Ord. 2456 § 2, 2010)
For commercial development design guidelines, please refer to
the City of Westminster Design Guidelines Manual. This manual is not
included in any article of this Title, but is available for review
on the City's website or at the offices of the Division.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of regulating apartment conversions is to
safeguard the health, safety, and general welfare of individuals and
ensure compatibility with surrounding properties.
B.
Standard
Provisions. The following standard provisions shall apply to the conversion
of apartments to condominiums and stock cooperatives:
1.
The subdivision public report shall indicate that the closing of
the sales for the units is conditional upon the sale of 50 percent
of the units in the project.
2.
The subdivider shall notify the existing tenants that no repair or
remodeling activity will begin for a minimum of 30 days after the
date of approval of the site plan.
3.
Within 10 days of the date of issuance of any subdivision public
report issued by the California Division of Real Estate, the subdivider
shall notify the existing tenants of the date of issuance of such
subdivision public report.
4.
In the case of an existing building proposed for conversion to condominiums,
application shall be made to the Community Development Department
for an inspection and report on the general condition of the building,
listing all code violations relating to the Uniform Building, Plumbing,
Fire, Housing, and Electrical Codes in effect at the time of construction.
Said report is to be completed and submitted with the application
for tentative map and site plan approval. All corrections shall be
made prior to the sale of the units. A fee established by the City
Council shall be charged for said inspections.
5.
The building(s) involved shall be in conformance with Title 24 of
the California Administrative Code, as such code applies to the use
of the building, prior to the approval of the final map.
6.
Plans of the interior division of the building showing both horizontal
and vertical boundaries shall be submitted and reviewed by the City
after approval of the site plan by the Commission.
7.
A copy of the conditions, covenants, and restrictions; articles of
incorporation; and bylaws of the homeowner's association shall be
filed with and approved by the City attorney.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. this Section provides standards for the location, development,
and operation of drive-in and drive-through facilities, in compliance
with Article 2, Zoning Districts, Permitted Land Uses, and
Zone-Specific Development Standards, which shall be designed
and operated to effectively mitigate problems of congestion, excessive
pavement, litter, noise, traffic, and unsightliness.
B.
Development
Standards
1.
Drive aisle length. The drive-through aisle shall provide a minimum
of 140 feet of queuing length, of which at least 60 feet shall be
provided before an on-site menu board. The drive aisle shall be measured
along the centerline from the entry or beginning of a drive aisle,
to the center of the farthest service window area.
2.
Drive aisle width. Drive aisles shall have a minimum 10-foot interior
radius at curves and a minimum 12-foot width.
3.
Drive aisle separation. Each drive aisle shall be separated by curbing
and landscaping from the circulation routes necessary for ingress
or egress from the property, or access to any off-street parking spaces.
4.
Drive aisle entrance. Each entrance to a drive aisle and the direction
of traffic flow shall be clearly designated by signs and/or pavement
markings as deemed necessary by the Director.
5.
Walkways. Pedestrian walkways should not intersect the drive aisles
to the extent possible. Where they do, they shall have clear visibility
and be emphasized by enhanced paving or markings as deemed necessary
by the Director.
6.
Screening. Each drive aisle shall be appropriately screened with
a combination of landscaping, low walls, and/or berms to prevent headlight
glare from impacting adjoining land uses, public rights-of-way, and
parking lots, as deemed necessary by the Director.
7.
Decorative wall. A 6-foot high solid decorative masonry wall shall
be constructed on each property line that adjoins a residential-developed
parcel. The design of the wall and the proposed construction materials
shall be subject to the approval of the Director.
8.
No reduction in parking. The provision of drive-through service facilities
shall not justify a reduction in the number of required off-street
parking spaces.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. This Section provides development standards for emergency
shelters in compliance with Article 2, Zoning Districts, Permitted
Land Uses, and Zone-Specific Development Standards, and as
defined in Article 7, Definitions.
B.
Maximum
Number of Beds. The maximum number of beds permitted at an emergency
shelter facility shall be as follows:
1.
Shelters within the Emergency Shelter Overlay District. An emergency
shelter facility located within the Emergency Shelter Overlay District
shall not exceed 70 beds.
2.
Shelters outside the Emergency Shelter Overlay District. An emergency
shelter facility not located within the Emergency Shelter Overlay
District shall not exceed 30 beds.
C.
Site
Development Standards. All emergency shelter facilities shall be subject
to the development standards of the WMC, all other applicable regulations
and statutes and the following standards.
1.
Client intake and waiting area. Each emergency shelter facility shall
provide an on-site client in-take and waiting area, subject to the
following:
a.
The minimum area of a client intake and waiting area shall be no
less than 10 square feet of floor area for each bed provided at the
emergency shelter facility.
b.
A client intake and waiting area shall not be located within a required
yard area. For an emergency shelter facility located in a zoning district
where a yard setback is not specified, the client intake and waiting
area shall not be located between a building and the public right-of-way.
c.
A client intake and waiting area shall be fully screened from view
from all public streets adjoining the emergency shelter facility.
2.
Exterior lighting. Exterior lighting shall be provided throughout
the facility to ensure the safety of all persons on-site. The placement,
illumination, and shielding of such lighting shall be subject to the
applicable provisions of the WMC.
3.
Proximity to other emergency shelters. No emergency shelter facility
shall be less than 300 feet from any other emergency shelter facility.
In determining the distance between two emergency shelter facilities,
the distance shall be measured from the property line of one facility
to the nearest property line of another facility.
D.
Permitted
Amenities and Services. A proposed emergency shelter facility offering
immediate and short-term housing may provide on-site supplemental
services and amenities to the homeless individuals and families staying
at such facility. These on-site services and amenities may include,
but are not limited to the following:
1.
Recreation area. An indoor and/or outdoor recreation area may be
provided.
2.
Counseling center. A counseling center for job placement, education,
health care, legal or mental services, or similar services intended
to assist homeless clients may be provided.
3.
Laundry facilities. Laundry facilities, located within an enclosed
structure may be provided.
4.
Kitchen and dining hall. A kitchen for the preparation of meals serving
on-site clients and a dining hall may be provided.
5.
Client storage. A client storage area for the personal belongings
of the on-site clients may be provided.
E.
Operational
Standards. All emergency shelter facilities shall be subject to the
following operational standards:
1.
Maximum stay. The maximum stay of any individual shall not exceed
120 days in a 365-day period.
2.
Availability of beds. Stays at an emergency shelter facility shall
be on a first-come first-serve basis with clients housed on-site.
Clients shall have no guaranteed bed for the next night.
3.
Hours of operation. Clients may only be permitted on-site and admitted
to the emergency shelter facility between 5:00 p.m. to 8:00 a.m. All
clients shall vacate the emergency shelter facility no later than
8:00 a.m.
4.
Minimum staffing requirements. A minimum of one employee for each
15 beds within an emergency shelter facility shall remain awake and
on-duty during the emergency shelter facility's hours of operation.
5.
Counseling referrals and reporting. Any counseling programs are to
be provided with referrals to outside assistance agencies.
F.
Safety,
Security, and Operational Plan. A safety, security and operational
plan shall be submitted to the Director for review and approval, prior
to initial occupancy of an emergency shelter facility. The site-specific
safety, security and operational plan shall address all of the following:
1.
Facility management. The provisions necessary to manage the ongoing
emergency shelter facility's needs, both on and off-site, including,
but not limited to, the separation of individual male and female sleeping
areas, provisions of family sleeping areas, and the various services
and functions of such facility shall be provided.
2.
Client congregation. The specific measures used by the emergency
shelter facility to discourage clients from congregating off-site
and/or disturbing nearby uses during the hours when clients are not
allowed on site at the emergency shelter facility.
3.
Admittance and discharge. The provisions for the daily management
for admittance and discharge procedures shall be provided, with the
objective of giving priority to Westminster residents.
4.
Refuse collection. The refuse collections schedule to provide the
timely removal of associated client litter and debris on and within
the vicinity of the emergency shelter facility shall be provided.
5.
Alcohol and drug regulation. The provisions for addressing how the
operator will ensure that the emergency shelter facility remains alcohol
and illegal drug free at all times.
6.
Contact information. The operator shall provide the City with the
most current contact information for the operator of the facility
during the normal daytime business hours, and the nighttime contact
information for the "person on duty" when the emergency shelter is
receiving and housing clients. The appropriate email addresses, phone
numbers and fax numbers shall be provided.
|
The safety, security and operational plan shall include a site
plan and a floor plan of the emergency shelter facility. The safety,
security and operational plan approved by the Director shall remain
in effect for the entire life of the emergency shelter facility, unless
an amended plan is prepared by the operator and approved by the Director.
|
(Ord. 2507 § 5, 2013)
A.
Intent
and Purpose. The purpose of regulating entertainment, as defined in
Article 7, Definitions, offered in conjunction with
a restaurant, bar, lounge, club, coffee shop, or any other similar
establishment is to ensure such activity remains ancillary to the
primary permitted use and to avoid and/or minimize any impacts associated
with such ancillary uses.
B.
Entertainment
Associated with Other Businesses (Excluding Limited Entertainment)
1.
Development standards.
a.
In order for an entertainment use to be permitted, the primary permitted
use must have a minimum floor area of 1,500 square feet or a legal
seating capacity of 50 persons or more.
b.
At least one restroom shall be provided for each gender, as required
by the Uniform Building Code.
c.
No more than 30 percent of the seating/retail area of the primary
use shall be utilized for the purpose of providing entertainment.
d.
The minimum parking requirements for the primary use shall be met.
2.
Operation restrictions. If patron sing-along devices or machines
are offered on the premises, such devices or machines shall not be
considered as arcade or video games unless coins or tokens are required
to operate them.
C.
Limited
Entertainment Associated with Other Businesses
1.
Operation restrictions, limited entertainment. Limited entertainment,
offered in conjunction with a restaurant, bar, lounge, club, coffee
shop, or any other similar establishment, shall be subject to all
of the following qualifying requirements:
a.
Live entertainment is limited to 3 or fewer performers, who are providing
music and/or song that is an ancillary activity of the business.
b.
Entertainment in the form of "karaoke" consists of pre-recorded music
that is accompanied by singing performed by non-compensated patrons
of the business.
c.
Sound from entertainment activity shall not be audible more than
50 feet from the business as measured from the exterior walls of the
tenant lease space or building if entertainment is part of a stand-alone
business.
d.
All doors, windows, entrances and exits shall remain closed during
any performance.
e.
Any performance must take place inside the business and in an area
designated for the performance that will not interfere with entrances,
exits, emergency exits, or the free flow of patrons through the business.
f.
Stages or raised platforms must comply with all State and local laws.
g.
No lines may form outside the business.
h.
The use of third party promoters at the business is prohibited.
i.
Entrance fee, cover charge, minimum drink or food order requirements
to enter or remain in the premises is prohibited.
j.
A police permit in conformance with all provisions in Title 5 of
the Westminster Municipal Code shall be obtained.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of regulating food manufacturing is to safeguard
the health, safety, and general welfare of individuals and ensure
compatibility with surrounding properties.
C.
Operation
Standards
1.
No noxious or offensive odors are permitted to emanate from the premises.
2.
All equipment, its operation and maintenance, and food processing
shall comply with all rules and regulations of applicable local, State,
and Federal agencies.
3.
There shall be no retail sales.
4.
The office area shall not exceed 20 percent of the gross floor area
of the primary business.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of this Section is to ensure that sufficient
truck loading space is provided for food markets and that they are
conveniently located to serve the market.
B.
Development
Standard—Food Market, Large. Food markets in excess of 10,000
square feet in gross floor area that engage in the sale of fresh produce
and/or meats shall provide, to the satisfaction of the Division, at
least one truck loading space with dimensions of not less than 14
feet by 55 feet.
C.
Development
Standard—Food Market, Small. Food markets between 2,500 and
10,000 square feet in gross floor area that engage in the sale of
fresh produce and/or meats shall provide, to the satisfaction of the
planning division, 250 square feet of truck loading space for every
2,500 square feet of gross floor area within the market or major fraction
thereof, with minimum dimensions of 12 feet by 20 feet, located in
proximity to the exterior loading door to the main storage area of
the market. Said truck loading space need not exceed 750 square feet
in area.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of regulating food service carts is to ensure
that they only provide for the on-site sale of food in conjunction
with and as an incidental use to a primary permitted retail business.
B.
Permitted
Locations. Food service carts shall only be permitted in conjunction
with primary permitted retail businesses that contain 20,000 square
feet or more of gross floor area. However, any such primary permitted
business within an enclosed mall shall not be permitted to establish
such a cart in a location exterior to the mall.
C.
Restrictions
on Operations
1.
No more than 1 cart shall be permitted for each permitted business.
2.
The sale of alcoholic beverages shall be prohibited.
3.
The cart operator shall be responsible for the management and removal
of all trash and refuse generated by the food service business.
4.
The cart shall be limited to operating within the business hours
of the primary permitted retail business.
5.
Signs advertising and identifying the cart and its operation shall
be limited to placement on the cart.
6.
The cart operator or owner shall provide the necessary water and
sewage connections as required pursuant to applicable City and County
health regulations.
7.
All food, condiments, tools, appliances, and machinery related to
the operation of the cart shall be limited to placement near the cart
and shall not exceed an area of 100 square feet. Customer seating
or tables may utilize some additional area, provided that the extent
of such seating and tables does not expand the cart's operation in
such a manner that interferes with adjacent uses or encroaches into
required parking or pedestrian movement areas, as set forth in subsection
D.2.
D.
Location
Requirements
1.
The cart may be located outside of the host business, provided the
cart is sited adjacent to the structure and is clearly a minor and
incidental use to the primary permitted retail business.
2.
The cart shall not be placed within any public right-of-way, designated
fire lane, drive aisle, landscaped area, required parking stall, loading
zone, or doorway.
3.
A fixed location for the cart shall be established.
(Ord. 2456 § 2, 2010)
The purpose of this Section is to provide opportunities for
limited business activities within a residential neighborhood, provided
the activities are compatible with and do not interrupt or interfere
with the general nature or residential character of the residential
zone. A home-based business by its nature is secondary to the primary
use of the site as a residence. The home-based business activities
performed on-site are similar in nature to the operation of an in-home
office environment in that they are undetectable from normal and usual
residential activity.
Home-based businesses are recognized as being a desirable way
to reduce "start up" costs for small businesses and provide gainful
employment. However, if a home-based business grows to the point or
is conducted in such a manner that the conditions of this Chapter
are not met, the home-based business shall cease and any continuing
business shall be moved to an appropriate commercial or industrial
zone.
A.
Home-Based
Business Zoning Clearance Permit Required. The establishment of a
home-based business, as defined in Article 7, Definitions, within any residential dwelling unit requires the issuance of a
home-based business zoning clearance permit. A business license will
not be issued for a business without the issuance of the home-based
business zoning clearance permit.
B.
Operational
Standards for Home-Based Businesses. The purpose of the following
operating standards is to ensure that all activities of the home-based
business are secondary uses that are undetectable from normal and
usual residential activity.
All home-based businesses shall operate in compliance with the
following standards. Failure to comply with these standards may result
in revocation or modification of the home-based business zoning clearance
permit.
1.
Secondary use. The home-based business shall be clearly incidental
and secondary to the primary use of the property as the principal
residence of the person(s) conducting the home-based business. The
operation of the home-based business shall not affect the residential
character of the premises.
2.
Number. More than one home-based business may be permitted in a dwelling
provided that the cumulative impact of such businesses does not exceed
the impact of a single home-based business and the businesses, cumulatively,
do not exceed the maximum floor area restriction.
3.
Maximum area. The home-based business(es) either singularly or combined,
may cumulatively occupy no more than 300 square feet or 20% (whichever
is less) of the dwelling area, and any accessory structure, but not
including any area of the garage area required for the parking of
vehicles. The maximum area includes any areas used for storage of
materials related to the business.
In addition, hand tools, power tools, and other tradesperson
goods and equipment used in conjunction with the home-based business
may be stored in one vehicle (noncommercial).
4.
Vehicles . No commercial vehicle or trailer used for any part of
the home-based business may be parked, maintained, or stored on the
premises at any time. If the home-based business relies upon a commercial
vehicle or commercial trailer, then the applicant must supply documentation
in the form of an executed lease/rental agreement (or other documentation
deemed satisfactory by the Director) for a licensed location where
the vehicle is parked nightly (e.g., a commissary, commercial truck
parking facility, etc.). Off-site parking for any commercial vehicle
must be maintained throughout the duration of the home-based business.
5.
Deliveries . The delivery and pickup of materials in conjunction
with the home-based business shall be limited to courier services
that are generally recognized as providing service to residential
areas such as the United States Postal Service, United Parcel Service
(UPS), Federal Express, messenger services, etc. The number of deliveries
or in-home pickups may not exceed more than 2 per day, not including
any deliveries made by the U.S. Postal Service.
6.
Employees . No employees other than persons who permanently reside
on the premises shall be permitted to work from the dwelling unit.
No other person(s) shall operate or perform any function of the business
at the residence; this includes a restriction on employees reporting
to the home and then being dispatched to the job site.
7.
Clients/customers . Customers/clients shall be permitted at the dwelling
on an appointment basis only between 8:00 a.m. and 6:00 p.m. daily;
where there is not more than one client/customer scheduled per hour.
In addition, the pedestrian and vehicle traffic shall not exceed that
which normally occurs for a residence. The following businesses shall
adhere to the maximum number of client/customers detailed in the table
below:
|
Home-Based Business
|
Number of Clients/Customers Permitted
|
|---|---|
|
Tutoring
|
No more than 2 students at a time
|
|
Music Lessons
|
Only one student at a time
|
|
Day Care Home, Small Family
|
Serving no more than eight children maximum at any one time
(consisting of 6 children, plus 2 additional children after school)l
|
|
Day Care Home, Large Family
|
Serving no more than 9 to 14 children at any one time (consisting
of 7 to 12 children, plus 2 additional children after school) l
|
|
Residential Care Facility
|
Serving a maximum of 6 persons
|
|
Notes:
| |
|---|---|
|
1
|
See WMC 17.400.035 and "Child Care Facility," as defined in
Article 7, Definitions.
|
8.
Merchandise for sale. Where the person conducting the home-based
business serves as an agent or intermediary between outside suppliers
and outside customers, all articles except for samples shall be received,
stored, and sold directly to customers at an off-premises location.
The storage of samples is limited to items that are small articles
which can be carried by one person in a case or other container. No
direct sales are permitted from the home.
The making of merchandise for sale is permitted by businesses
that are home-based artisans. Artisan is a person in an applied art,
a craftsperson. No direct sales are permitted from the home.
9.
Equipment. No equipment or process shall be used in a home-based
business which creates noise, vibration, glare, fumes or odor detectable
to the senses of a reasonable person off the property. In addition,
no equipment or process shall be used which creates a visual or audible
electrical interference in any radio, television, phone, or other
electronic devices off the premises or causes fluctuations in line
voltage on the premises.
10.
Exterior appearance. There shall be no evidence of the business activity
from the exterior of the residence. Including no product display,
signs or on-site sales.
11.
All business activities indoors. The home-based business shall be
conducted entirely within a fully enclosed structure, except when
conducting business off the property.
12.
Alterations. No structural, electrical or plumbing alterations or
enlargement to the premises shall be made for the purpose of accommodating
the business activity, except to accommodate the needs of a disabled
resident.
13.
Storage.
a.
Outside storage of materials, equipment and products related to the
business is not permitted.
b.
Storage of materials, equipment and sample products related to the
business is permitted inside the garage; provided the storage does
not diminish the parking spaces required by this Title. The use of
carports or parking stalls for the storage of business related material
is prohibited.
c.
Merchandise not produced on the premises must be kept and stored
for purposes of sale off the premises; except for samples which are
small articles that can be carried by one person in a case or other
portable container. For purposes of this standard, materials typically
involved in providing contracting services, such as plumbing, heating,
air conditioning, electrical, carpentry, and landscaping are not included
within the meaning of the clause "small articles."
14.
Signs and advertising. No on-site signage or advertising of the home-based
business is permitted including vehicle signs. Advertisements displayed
in any media including, but not limited to, the Internet and telephone
directories, may not give the street address of the home-based business
location. No advertising intended to attract customers to the dwelling
is permitted.
15.
No hazards or nuisances.
a.
The home-based business shall not create any radio or television interference or create discernable noise, glare, dust, odor, vibrations, or unreasonable disturbance, in excess of that which is acceptable to a reasonable person's sense for a residential use and/or in excess of Westminster Municipal Code Section 8.28.040, Standards—Exterior noise.
b.
The home-based business may not involve any process which is harmful
to the natural environment, including disposal of grey water or other
waste into the City storm drains or other illegal pollution.
c.
The home-based business shall not involve the storage or use of explosive,
flammable materials, specifically defined as hazardous materials.
16.
Intensity of use. The home-based business shall not generate traffic,
parking, sewage, rubbish or demand for water use in excess of what
is normal for residential use.
17.
Safety. Activities conducted and equipment or material used shall
not change the fire safety or occupancy classifications of the premises.
18.
Utilities. The home-based business shall not require any utility
service modification, other than a modification required for normal
residential use, that would be classified as commercial or industrial
in load or design and in no event shall electrical current to the
home residence or home-based business exceed 200 amperes.
19.
Additional conditions. The Director may impose additional operating
standards on the home-based business which are necessary to ensure
that the home-based business is conducted in a manner that is not
in conflict with the residential area.
The following home-based businesses are subject to the additional
conditions listed in the following table:
|
Home-Based Business
|
Additional Conditions
|
|---|---|
|
Building Contractor, Handyman (for minor home repairs), Janitorial
Service, Gardening Service
|
The home may contain an office use only. Nonresident employees may not report to the home for work assignments. No construction materials, additional or oversized vehicles will be stored on-site or in public right-of-way contrary to Westminster Municipal Code Section 10.44.250.
|
|
Catering Service
|
No food preparation or storage is permitted at home. No additional
or oversized vehicles or vending carts may be stored on-site. Vehicles
and vending carts must be stored at a commissary in accordance with
the County Health Department requirements.
|
|
Day Care Home, Small Family (serving a maximum 8 children)
|
Westminster Municipal Code Section 17.400.035
|
|
Day Care Home, Large Family (serving between 9— 14 children
maximum)
|
Westminster Municipal Code Section 17.400.035
|
|
Tailor/Dressmaker
|
Limited to designing and creation of single pieces items only.
No manufacturing for stock in trade for retail sales.
|
|
Travel Agent/Services
|
Limited to an office use which provides information and sales
travel related products on behalf of suppliers such as airlines, car
rentals, cruise lines, bus lines, sightseeing tours etc. No sales
may be conducted in person at the residence. The travel agent/service
is prohibited from providing the transportation.
|
C.
Prohibited
Home-Based Businesses. Certain uses by the nature of their operation
are not compatible with residential uses, are not incidental or compatible
with residential activities and shall therefore not be permitted as
a home-based business.
Prohibited home-based businesses include, but are not limited
to, the following uses:
1.
Adult-oriented businesses, including adult businesses regulated under Westminster Municipal Code Section 17.400.015;
2.
Alcohol sales, distribution, and/or manufacturing;
3.
Automobile-related businesses, including the repair, servicing and/or
refurbishment of vehicles; the sale and/or brokering of vehicles;
and the sale, distribution, and/or manufacturing of vehicle parts;
4.
Barbershop;
5.
Beauty salon, including the cutting and/or treatment of hair and/or
nails and the application of make-up and/or cosmetics;
6.
Cabinet making;
7.
Carpentry, including the assembling, cutting, nailing, sawing, and/or
sanding of wood and/or other materials;
8.
Ceramics (which includes a kiln of 6 cubic feet or more);
9.
Construction, including the storage of construction-related equipment;
10.
Contracting services for paving, construction, heating, plumbing,
electrical work, or work related to the maintenance of real property
(including lawn care), except where use of the premises for the home-based
business is strictly limited to office functions (i.e., telephoning,
drawing up contracts, billing, bookkeeping, etc.);
11.
Dance school;
12.
Exercise studio;
13.
Firearms and ammunition sale, lease, trade or service;
14.
Fortunetelling, palm reading, psychic, or similar services;
15.
Food preparation or sales, including the mixing and/or processing
of food products, canning and/or bottling of food products; the storage
and/or display of food products; and the sale and/or distribution
of food products;
17.
Junk yard;
18.
Kennels, used for the housing, storage and/or breeding of animals;
19.
Livestock, as prohibited in Westminster Municipal Code Section 17.400.020 and including the breeding, care, slaughtering and processing of animals and/or animal products;
20.
Machine shop;
21.
Manufacturing, including: the assembly and/or creation of parts,
components, goods and/or systems; the processing and refilling of
chemicals, materials, parts, products, and/or substances; the packaging
and/or storage of chemicals, goods, materials, parts, products and/or
substances; and/or the transportation of such chemicals, goods, materials,
parts, products and/or substances;
22.
Massage, including those activities which are defined and regulated in Westminster Municipal Code Section 17.400.095;
23.
Medical uses, including facilities for dental, medical, and/or mental
assistance, consultation and/or treatment; the storage of dental and/or
medical supplies; and the sale or distribution of dental and/or medical
supplies;
24.
Retail sales, including activities where one or more client, customer,
and/or vendor visits the residential dwelling; and/or products are
shipped from and/or stored at the dwelling, except when items are
produced at home (i.e., artist studio) or are drop shipped directly
to customer;
25.
Taxi and livery services;
26.
Vehicle towing service;
27.
Welding;
28.
Wholesale, including activities where one or more client, customer,
and/or vendor visits the residential dwelling; and/or where products
are shipped from and/or stored at the dwelling;
29.
Other uses determined by the Director not to be incidental to, or
compatible with residential activities.
(Ord. 2500 § 3, 2012)
A.
Purpose
and Intent. The purpose of regulating the conversion of hotels and
motels is to establish a comprehensive set of use regulations applicable
to the conversion of hotels and motels that will ensure compatibility
with surrounding properties and will safeguard against potentially
adverse impacts on adjacent neighborhoods and residences.
B.
Minimum
Standards for the Conversion of Hotels and Motels to Apartments. The
conversion of any hotel and motel to apartments shall be subject to
the following minimum standards:
1.
Each hotel or motel to be converted shall have been in existence
and operated as a hotel and/or motel a minimum of 10 years.
2.
All conversions shall include all motel and/or hotel rooms to apartments.
3.
Except as allowed in this Section, each converted hotel and/or motel
shall be used exclusively for low-income households, as defined in
Section 17.400.090.G.6 of this Title.
4.
Each unit shall meet the standards for decent, safe, and sanitary
dwelling units, as defined in the State of California Health and Safety
Code and other applicable codes and regulations, and shall include:
5.
Each converted hotel and/or motel shall have a minimum of 400 square
feet plus an additional 10 square feet for each unit over 30 units
of common usable open space as defined in Article 7 except that if
the converted hotel and/or motel is to be exclusively rented to senior
citizens, no less than 40 percent of this common recreational space
shall be indoors. The common recreation area may be provided in more
than one location, but no location shall be less than 200 square feet.
6.
Each converted hotel and/or motel shall have a common laundry facility,
including washers and dryers, accessible and available to the residents,
unless such facilities are provided within each unit.
7.
Each converted hotel and/or motel shall maintain the parking and
landscaping required at the time of the original construction and
subsequent modification (if any) permitted by the City.
8.
Each unit within a converted hotel and/or motel shall have a minimum
of one parking stall assigned to the residents of that unit.
9.
Each converted hotel and/or motel shall meet the requirements of
the building, electrical, mechanical, plumbing, and other construction
codes administered by the City at the time of the application for
the conversion.
10.
Each bedroom shall not be occupied by more than 2 persons.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of regulating housing for seniors is to safeguard
the health, safety, and general welfare of seniors and to ensure compatibility
with surrounding properties.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of regulating mobilehome park conversions
is to safeguard the health, safety, and general welfare of individuals
and ensure compatibility with surrounding properties.
B.
Conversion of Existing Mobilehome Park. Prior to the conversion of any property upon which a mobilehome park is situated on the effective date of the ordinance codified in this Title, an application for Conversion Permit shall be submitted in accordance with the provisions of Chapters 17.550, Administrative and Conditional Use Permits, and 17.555, Administrative Adjustments and Variances. No conversion shall be made until a Conversion Permit is approved,
and all other applicable permits are issued by the City. Any application
for a mobilehome park conversion shall be deemed an application for
a "change of use" for the purposes of Section 798.56(f) of the Civil
Code of the State of California or any successor provision thereto.
C.
Notice
of Conversion. Each home owner shall be given written notice of the
submission of an application for a Conversion Permit no later than
the date it is submitted for filing by the applicant with the City.
The applicant shall furnish proof of service of such notice with the
Conversion Permit application filed with the City.
If the applicant sends a written notice of intent to submit an application for partial or full conversion pursuant to subsection B or D to the home owners prior to filing an application for a Conversion Permit, the applicant shall file the application within 30 calendar days of sending such notice of intent.
With the exception of the notices required by this Title and
correspondence directly related to the preparation of the Conversion
Impact Report, the applicant shall not issue any arbitrary notices
or letters to the residents concerning the intention to convert or
close the park. Such actions shall be considered arbitrary if no application
for conversion is filed with the City within 30 calendar days thereafter.
In the case of such arbitrary action, the City shall notify the applicant
that a fine of $200.00 per day shall be imposed. Unless an application
is filed or a withdrawal of the arbitrary notice is sent to the City
and the home owners within the next 15 calendar days, the fine shall
accrue for a maximum of 60 calendar days. The applicant can stop the
fine from accruing at any time by either submitting the application
for conversion or withdrawing the arbitrary notice as prescribed herein.
Payment of such fines shall be due the City with the application for
conversion, withdrawal of the notice, or upon demand of the City after
the 60 calendar days have passed.
D.
Conversion
Impact Report
1.
The City shall not be required to take any action to hold public
hearings to consider a proposed mobile home conversion application
until a Conversion Impact Report has been prepared, filed, and deemed
complete in accordance with this Section.
2.
Upon written notification by the City that the original application
has been accepted as completed pending submission of a Conversion
Impact Report, the applicant shall, within 120 calendar days from
the date of such notification, file a Conversion Impact Report with
the City, which contains all of the information required by this Section.
3.
A Conversion Impact Report shall contain the following information:
a.
Mobilehome occupant information.
i.
The names and address of all persons owning or occupying mobilehomes
within the park.
ii.
The total number of mobilehome residents, categorized on a space
by space basis identifying the following categories:
|
•
|
If the residents are owners or renters,
|
|
•
|
Residents under the age of 18 (school-age children),
|
|
•
|
Residents who are physically disabled, including the chronically
ill,
|
|
•
|
Residents who use public transportation and the routes used.
|
b.
Converting park information.
i.
A description of the amenities provided for the park resident;
ii.
A legal description of the property;
iii.
The age of the mobilehome park;
iv.
The proposed timetable for conversion, closure, or cessation of use
of the land as a mobilehome park;
v.
The number of mobilehomes existing in the park, length of occupancy
by the current occupant of each space, and the current lease rate
for each space;
vi.
The age, including date of manufacture, or each mobilehome, an inventory
of all accessory buildings or structures, and number identifying the
mobilehome space being occupied.
|
The applicant shall be required to make a reasonable and good
faith effort in obtaining the information required in this subsection.
In the event that the residents of a park fail to cooperate with the
applicant in providing the information specified in this subsection,
the City may determine that such information is not required to complete
the Conversion Impact Report.
|
c.
Comparable mobilehome park information.
i.
The applicant shall provide information regarding the availability
of adequate replacement housing in comparable parks within a 100-mile
radius of the civic center. Each comparable park shall be identified
by: (A) name and address; (B) age; (C) lease or rental rates; (D)
terms, policies, and restrictions on the types of homes and residents
accepted; and (E) an estimate of probable number of replacement spaces
within each park as of the date of survey.
ii.
The applicant shall determine the availability and proximity of public
transportation to each comparable park.
iii.
The applicant shall provide information on the availability
and proximity to each comparable park of medical and dental services,
senior services, personal service facilities, and public service facilities.
d.
Relocation impact information. The applicant shall state how a relocation
compensation plan will be implemented to comply with this Section.
The plan shall include the park owner's or applicant's procedure to
accommodate the home owners or unrelocatable homes and the specific
relocation compensation benefits and options available to each home
owner. The specific relocation benefits and options proposed shall
be provided to each home owner by certified or registered mail before
filing the Conversion Impact Report.
i.
Upon filing of a conversion impact report, the City shall have a
reasonable time, not to exceed 14 calendar days, within which to verify
that the Conversion Impact Report is complete and contains all of
the information required by this Section.
ii.
Within the 14 calendar-day period, the City shall notify the applicant
in writing whether the Conversion Impact Report has been satisfactorily
completed pending Commission review. If the City determines that the
Conversion Impact Report does not contain all of the information required
by this Section, it shall set forth in writing the specific deficiencies.
E.
Availability
of Conversion Impact Report. The person or entity proposing such conversion
shall furnish a copy of the Conversion Impact Report to owners and
residents of all mobilehomes within the mobilehome park at least 30
calendar days prior to any hearing on the report by the Commission.
Applicant shall give notice with proof of service by United States
mail to each park resident and mobilehome owner of the place and time
of hearing of the matter.
F.
Conversion
Schedule Requirements. When any application for a Conversion Permit
is received by the City, the following schedule requirements shall
apply:
1.
Within 14 calendar days after the receipt of an application or an
amended application, the City shall notify the applicant in writing
whether the application is complete or incomplete.
2.
If any application or amended application cannot be determined to
be complete by the City within 90 calendar days after the application
was first submitted, that application shall be deemed to be withdrawn.
3.
Within 120 calendar days after notification from the City that an
application is complete, the applicant shall submit a Conversion Impact
Report to the City.
4.
During the Conversion Impact Report preparation period, the applicant
may request extensions of time for specific cause. Such requests must
be submitted in writing and approved by the Commission. The total
of all approved extensions shall not exceed 90 calendar days.
5.
If a Conversion Impact Report cannot be determined to be complete
by the City within 100 calendar days, plus any approved extensions,
after notice of the complete application, the application shall be
deemed to be withdrawn.
6.
Within 14 calendar days after an application is deemed to be withdrawn,
the City shall give written notice to the applicant and to all owners
of mobilehomes in the affected park that the application is deemed
withdrawn and that another application for a Conversion Permit for
that park will not be allowed to be submitted for a period of 1 year.
G.
Relocation Compensation. Prior to the approval of any Conversion Permit, but only after the City has accepted the Conversion Permit application and a Conversion Impact Report as complete, the Commission shall conduct a duly noticed public hearing. Such public hearing shall be held within 30 calendar days of the submission or resubmission of the completed Conversion Impact Report. The hearing shall be conducted in accordance with the procedures set forth in Chapters 17.550, Administrative
and Conditional Use Permits, and 17.555, Administrative
Adjustments and Variances. During the public hearing, the
Commission shall review the Conversion Impact Report and hear testimony
and evidence relating to it.
The Commission shall require (as a condition of approval of
the proposed conversion) that the park owner and/or applicant shall
take all necessary measures to mitigate the adverse effects created
by the change in use. These measures shall be based on the ability
of the displaced homeowners to find adequate replacement space in
another comparable mobilehome park.
The mitigation measures shall be limited to the payment of relocation
compensation as established herein to a displaced homeowner by the
park owner and/or applicant proposing such conversion. In addition,
each homeowner shall reserve the right to be relocated to a choice
of any one of the available mobilehome parks identified in the Conversion
Impact Report as a comparable park. Compensation for relocation of
mobilehomes shall include the following:
1.
Disassembly and reassembly. The cost of disassembly and reassembly
of the displaced home by a licensed, bonded contractor, shall include:
reinstallation of awnings, skirting, porches, storage structures,
leveling, and full replacement cost of any items damaged during the
move.
2.
Transportation. The cost of transporting the home (up to 50 miles)
to a comparable park shall include physically moving the home and
its associated fixtures by a licensed, bonded and insured mover, disconnecting
and reconnecting all utilities, and obtaining all of the required
permits.
3.
Improvements . In order to meet the comparable park's lawful requirements
for acceptance of the relocated home, the cost of improvements shall
include new steel supporting piers and any necessary preparation including
landscaping (comparable to the receiving park) of the new home space.
4.
Personal belongings. All costs for moving and storage, including
any packing and unpacking of the furniture, furnishings, and personal
effects of the homeowner, to the reassembled home in the comparable
park.
5.
Daily living allowance. For each day a homeowner and cohabitants
are without a home due to relocation, the park owner or applicant
shall advance a daily living allowance for food and lodging, as specified
in the Conversion Impact Report.
The allowance shall be $100.00 for each single adult resident
and $145.00 for each married couple. An additional $40.00 per day
shall be paid for each person permanently residing in the home that
is being relocated.
The daily living allowance is payable for a period of up to
20 consecutive days. The time starts from the date the movers begin
to prepare the home for relocation and ends when the resident can
resume living in their home. This time is evidenced by issuance of
a certificate of occupancy or the connection of utility services for
the relocated home, whichever occurs first.
The homeowner shall receive an initial payment for the first
10 days of daily living allowance on the day the movers are scheduled
to begin preparing the home for removal.
Additional payment for the daily living allowance will be provided
upon reasonable request of the home owner. Any refund due the park
owner shall be refunded within 7 calendar days of the date the homeowners
move into their relocated home.
The daily living allowance shall be adjusted annually using
1994 as the base year, to reflect the Consumer Price Index for the
Los Angeles-Anaheim-Long Beach areas as provided by the United States
government, Bureau of Statistics or any equivalent standard if the
Consumer Price Index is not available.
6.
If requested by any low income mobilehome park resident (defined
as having an annual household income of less than 80 percent of the
County's median income, adjusted for household size) the applicant
shall provide the services of a consultant to assist in the selection
of a relocation park or suitable alternative housing.
7.
Homeowners and park owners may agree to a mutually satisfactory relocation
assistance package. To be valid, such an agreement shall be in writing
(at least 12 point, Courier typeface), shall include a provision stating
that the homeowner is aware of the provisions of this Section, and
shall be drafted in form and content as required by applicable State
law.
8.
Each mobilehome owner, aged 62 or older and having an annual household
income of 80 percent or less of the County's median income (adjusted
for household size), relocatable to another park or determined to
be unrelocatable, as defined in Article 7, shall receive a rent differential,
if the monthly rental rate in the comparable mobilehome park or alternative
living situation is greater than the current rental rate. The applicant
and/or park owner shall pay the displaced mobilehome owner the difference
between the current rental rate and the rental rate of the new mobilehome
park or alternative living situation, up to $100.00 per month for
the first 12 months of occupancy. The monthly rent differential payment
shall be paid no less than 5 calendar days prior to the date in which
the displaced mobilehome owner's rent is due. In addition, the total
payment, as described in this Section, shall not exceed $1,200.00
for any 1 home.
H.
Comparable
Relocation Unavailable
1.
If the Commission finds, based on the Conversion Impact Report and
information presented at the public hearing, that a mobilehome is
unrelocatable, the applicant shall pay the homeowner a lump sum payment
determined by the "appraised value" of the mobilehome unit, as defined
in Article 7, upon which the park owner shall have the option to assume
title of the mobilehome.
2.
The following terms/guidelines shall be followed when comparable
relocation is unavailable:
a.
The appraised value shall be determined by a certified member of
a nationally recognized appraisal association(s) who is qualified
to appraise mobilehomes, accessory structures, and appurtenances as
herein noted.
b.
The appraisal shall be conducted no more than 60 calendar days prior
to the submittal of the appraisal.
c.
Nothing herein shall preclude the parties from entering into a good
faith agreement as to the value of the home at any time.
I.
Relocation
to a Specific Park Not Required. A mobilehome owner shall not be required
to locate to a specific park or location as a condition of payment
of relocation compensation. The compensation payable to any mobilehome
owner shall be as specified herein regardless of the location or park
to which the mobilehome is actually removed or the availability of
any such relocation space, except that the park owner's obligation
to pay cost of transportation shall be limited to the cost of transportation
for 50 miles.
J.
Findings
of Fact Required for Approval of a Conditional Use Permit for a Mobilehome
Park Conversion. Prior to approval of a mobilehome park conversion
pursuant to the provisions of this Section, the Commission shall make
a finding of fact that the evidence presented at the public hearing
establishes that the conversion will not have an adverse effect upon
the goals and policies for preservation of housing within the City,
as set forth in the Housing element of the City's General Plan, and
that one or more of the following facts are present:
1.
That the conversion is necessitated by the underlying site conditions,
which pose a threat to the life, health, safety, or general welfare
of the mobilehome park residents; or
2.
That the proposed conversion is necessitated by circumstances beyond
the reasonable control of the owner of the property; or
3.
That denial of said conversion would deprive the owner of reasonable
or economically viable use of the property; or
4.
That said conversion is required by public necessity and convenience
and general welfare.
K.
Notice
of Effect. All park owners in the City shall notify in writing all
mobilehome owners residing in their parks (present and future) of
the rights and obligations of the park owners and mobilehome owners
under this Chapter. Delivery of a copy of this Section shall be deemed
sufficient notification in lieu of any other notice required pursuant
hereto. Each notice shall be signed by the park owner and the affected
mobilehome owner, as having been delivered and received by each park
owner and any mobilehome owner. The notice may include, at the park
owner's option, additional information related to the procedures and
effects of a change of use. Existing households shall be notified
within 90 days of the effective date of the ordinance codified in
this Title. New households shall be notified on or before the date
of commencement of occupancy. If the new household commenced occupancy
without first notifying the mobilehome park owner and without signing
the mobilehome park's rental documents, then notice may be given to
such household within 90 days of the date of execution and delivery
to the mobilehome park of such rental documents.
(Ord. 2456 § 2, 2010)
Massage establishments shall comply with the regulations set forth in Chapter 5.32, Massage Establishments, of
the WMC.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of this Section is to provide general operation
restrictions and standards for offices for wholesale businesses.
B.
Operation
Restriction.
1.
Offices shall be used only for administrative activities related
to management, personnel, record keeping, accounting, sales, advertising,
market research, and similar functions.
2.
Receiving and/or storage of goods offered for sale or acquisition
by any other means is not allowed.
3.
Displays shall be limited to samples only.
C.
Development
Standard. No wholesale business offices shall be established in conjunction
with retail sales.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of regulating offsite hazardous waste facilities
is to ensure such uses do not present any risk to public health, safety,
and welfare.
B.
Applicability
of These Regulations. The specific requirements of this Section are
applicable to the siting and development of all offsite hazardous
waste treatment, storage, transfer, and disposal facilities, as defined
in Article 7.
C.
Procedures.
The following procedures are intended to identify the steps for processing
a Conditional Use Permit application for a specified off-site hazardous
waste facility. These procedures include steps to be taken by the
applicant, State and City.
1.
Pre-application. At least 90 days before filing an application (Conditional
Use Permit) with the community development department for a specified
hazardous waste facility project, the applicant shall file with the
Office of Permit Assistance (OPA) and the City, a Notice of Intent
(NOI) to make an application. The Notice of Intent (NOI) shall contain
a complete description of the nature, function, and scope of the project.
The Office of Permit Assistance (OPA) shall immediately notify the
affected State agencies of the Notice of Intent (NOI). The City shall
publish a notice in a newspaper of general circulation in the area
affected by the proposed project, shall post notices at the location
where the project is proposed, and shall notify, by a direct mailing,
the owners of the contiguous property as shown on the latest equalized
assessment roll. The City shall impose a fee upon a project applicant
equal to the cost of notification required by this Section.
Within 90 days after a Notice of Intent (NOI) is filed with
the Office of Permit Assistance (OPA), the Office of Permit Assistance
(OPA) shall convene a public meeting within the City to inform the
public of the nature, function, and scope of the proposed facility
project and the procedures that are required for approving applications
for the project. The City shall contact Office of Permit Assistance
(OPA) regarding the location and time of the meeting and shall have
representatives attend.
Within 90 days after receiving notification of the filing of a Notice of Intent (NOI), the City council shall appoint a seven-member local assessment committee (LAC) pursuant to the provisions of subsection D, Local Assessment Committee, of this Section.
2.
Application submittal. The applicant for an off-site hazardous waste
facility project shall submit the required plans, documents, studies,
assessments, and other materials pursuant to this subsection and the
submittal deadline schedule, on file with the community development
department.
The City shall notify the Office of Permit Assistance (OPA)
within 10 days after an applicant has filed with the City for a Conditional
Use Permit for a specified hazardous waste facility project that the
application has been accepted as complete by the City. Within 60 days
after receiving such notice, the Office of Permit Assistance (OPA)
shall convene a meeting of the City and responsible agencies for the
project, the applicant, the Local Assessment Committee (LAC) and the
interested public, for the purpose of determining the issues which
concern the public. The meeting shall take place in the City.
Following the meeting as specified in Section 17.510.030.B of
this Title, the applicant and the Local Assessment Committee (LAC)
of the City shall meet and confer on the specified hazardous waste
facility project proposal for the purpose of establishing the terms
and conditions under which the project will be acceptable to the community.
At the request of the applicant, the Community Development Department
shall, within 60 calendar days after the City has determined that
an application for a Conditional Use Permit to operate a hazardous
waste facility is complete, issue an initial written determination
on whether the hazardous waste facility project is consistent with
the Westminster Comprehensive General Plan, Land Use Ordinance in
effect at the time that the application was received, and the Orange
County Hazardous Waste Management Plan (requirement of Section 25199.5(a)
of the California Health and Safety Code).
The applicant for a specified hazardous waste project shall
pay a fee established by the Office of Permit Assistance (OPA) equal
to the cost of hiring independent consultants to review the project.
The Office of Permit Assistance (OPA) shall deposit these fees in
the Local Agency Technical Assistance Account, created within the
State General Fund. The monies in that account may be expended by
the Office of Permit Assistance (OPA), upon appropriation by the legislature,
to make technical assistance grants to the Local Assessment Committee
(LAC) to enable the Local Assessment Committee (LAC) in reviewing
the project and negotiation terms and connections with the applicant.
The City may request technical assistance from any State agency which
authorizes permits for hazardous waste facility projects (requirement
of Section 25199.7(g) of the California Health and Safety Code).
3.
Appeal to City Council. The applicant or any interested party may
appeal the final decision of the Planning Commission regarding a specific
off-site hazardous waste facility within 15 calendar days of the Commission's
decision. The appeal must contain a written explanation of why the
decision is being appealed and be addressed to the Secretary of the
Planning Commission.
4.
Appeal to State . An applicant may file, within 30 calendar days,
an appeal of the City Council's final decision regarding a Conditional
Use Permit to operate a hazardous waste facility with the Governor
or Governor's designee. (Requirement of Section 25199.9 of the California
Health and Safety Code.)
D.
Local
Assessment Committee
1.
Pursuant to subsection C, Procedures, the City Council
shall appoint a 7-member Local Assessment Committee (LAC). The membership
of the Local Assessment Committee (LAC) shall be broadly constituted
to reflect the make-up of the community and shall include three representatives
of the community at large, two representatives of the environmental
or public interests groups, and two representatives of affected businesses
and industries. Members of the Local Assessment Committee (LAC) shall
have no direct financial interest, as defined in Section 87103 of
the California Government Code, in the proposed specified hazardous
waste facility project.
2.
Pursuant to Section 25199.7(d)(2) of the California Health and Safety
Code, the Local Assessment Committee (LAC) shall do all of the following:
a.
Negotiate with the applicant for the proposed hazardous waste facility
project on the detailed terms of, and conditions for project approval,
which would protect the public health, safety and welfare, and the
environment of the City and its surroundings and would promote the
fiscal welfare of the City through special benefits and compensation;
b.
Represent generally, in negotiation with the applicant, the interests
of the residents in the City and the interests of adjacent communities;
c.
Receive and expend the technical assistance grants made available as specified in Section 17.510.030 of this Title;
d.
Adopt rules and procedures which are necessary to perform its duties
as outlined herein;
e.
Advise the City of the terms, provisions, and conditions for project
approval which have been agreed upon by the Local Assessment Committee
(LAC) and the applicant and any additional information which the Local
Assessment Committee (LAC) deems appropriate. The legislative body
of the City may use this advice for their independent consideration
of the project;
f.
Cease to exist after final administrative action has been taken by
the State and local agencies on the permit application for which the
Local Assessment Committee (LAC) was formed.
3.
The approval body shall provide staff resources to assist the Local
Assessment Committee (LAC) in performing its duties.
4.
If the Local Assessment Committee (LAC) and the applicant cannot
resolve any differences through the meetings specified in this Section,
the Office of Permit Assistance (OPA) may recommend the use of a mediator.
The applicant shall pay one-half of the costs for this mediation and
the remaining costs shall be paid, upon appropriation by the legislature,
from the State General Fund.
E.
Application
Submittal Requirements. The applicant for a specific hazardous waste
facility project must submit a complete application package before
the Planning Division of the Community Development Department will
accept it for further processing.
1.
The following information is required for submittal of a Conditional
Use Permit application for an off-site hazardous waste facility:
a.
A completed Conditional Use Permit application form;
b.
A completed public hearing notification package;
c.
An initial environmental assessment form;
d.
Property owner verification/property owner's permission to construct
facility;
e.
Fees and deposits as required by resolution;
f.
A comprehensive and accurate site plan drawn to the specifications
of the City's site plan standards, which are on file with the Community
Development Department, in addition to the following:
i.
The distance from the project property lines to the nearest residential
structures,
ii.
Proximity of the project to 100-year flood plain area,
iii.
Proximity of the project to any known earthquake fault zones,
iv.
Relationship of the project to all above-ground water supplies as
well as known underground aquifers that could conceivably suffer contamination,
v.
Topographic description of the property and surrounding area,
vi.
Identification of surrounding zoning and land uses;
g.
Complete building elevations of all sides of all structures, including
all exterior details and height dimensions;
h.
Complete and accurate roof plan of all structures;
i.
Full floor plan of all buildings, with the interior dimensions of
rooms and a description of their use shown;
j.
A full landscaping and irrigation plan per the City's landscaping
standards;
k.
A complete grading plan of the site;
l.
Sections of all structures on the site.
2.
In addition to the City's initial environmental assessment, the applicant
shall describe in detail at least two reasonable alternatives to the
project which shall be reviewed pursuant to the California Environmental
Quality Act (Public Resources Code Section 15060(d)). The applicant
shall also submit for review, concurrently with the application package,
the following documents:
a.
A Health and Safety Assessment, which shall evaluate, at a minimum,
the area within 2,000 feet of the exterior boundaries of the site
which is designated a sensitive area, and shall evaluate all potential
health and safety impacts on sensitive populations. Sensitive populations
shall include, but not be limited to, residential populations, employment
populations, and immobile populations such as schools, hospitals,
convalescent homes, jails, and other similar facilities within the
area of potential impact. The assessment must take into consideration
the quantities and the physical and chemical characteristics of the
specific types of waste that would be handled, the facility design
features, and planned operation practices. The assessment must analyze
in detail all probabilities of accidents or spills at the site as
well as transportation-related accidents from the point of origin
to the facility. Such analysis shall identify and explain, in detail,
mitigation measures to reduce identified risks.
b.
A Traffic Impact Assessment which identifies the existing conditions
on the circulation system within the sensitive area of the proposed
hazardous waste facility. The assessment shall identify the potential
impacts the facility may have upon the existing network of roads,
and the ability of local safety personnel to respond to any potential
accident, and the ability to evacuate adjacent businesses, schools,
hospitals, and residences.
c.
Geological/Seismic/Hydrological Assessment that assesses the geological,
seismic, and hydrological structure and conditions of the sensitive
area. All earthquake faults within the sensitive area must be identified.
The assessment must include maps and text explaining the composition
and suitability of the underlying soil profile and strata, including
the effects the project will impose upon these areas and the underlying
water table.
d.
A Noise/Visual Assessment that indicates the potential noise and
visual impacts the proposed facility will place upon the sensitive
area and the community as a whole. The assessment must include a noise
contour map of the ambient noise levels within the sensitive area.
e.
An Air Quality Impact Assessment that describes in detail the existing
air quality of the sensitive area and the changes that will occur
as a result of the project being built. Potential mitigation measures
must be discussed in detail.
f.
A Materials Processing Assessment which identifies the amounts (tonnage)
and types of hazardous wastes to be treated at the proposed facility,
the source of these wastes, the ultimate disposition of the wastes,
and the anticipated life of the facility. Information shall be provided
on the amount, sources, and types of hazardous waste to be treated
based on an actual survey of the industries to be served and, thereby,
be representative of the wastes that will be processed at the facility.
g.
A preliminary Facility Monitoring Plan that identifies an ongoing
monitoring program to ensure no unintentional release of any hazardous
substance from the site. The plan must address by type and quantity,
the movement, on-site and off-site, of all waste at the site along
with the processing that it is subject to. This shall include any
ongoing monitoring required by other permitting agencies such as the
State Department of Health Services, the South Coast Air Quality Management
District, the Environmental Protection Agency, the Midway City Sanitary
District, etc.
h.
A Preliminary Contingency Plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste constituents to air, soil, or surface water. The plan shall provide for its immediate implementation whenever there is fire, explosion, or release of hazardous waste constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in subsection O, Minimum
Development Requirements.
i.
A Fiscal Impact Study which clearly demonstrates in a detailed fashion
the financial impacts that the project will place upon the City.
F.
Public
Hearing. The proposed off-site hazardous waste facility shall require
a public hearing before the Westminster planning commission and is
therefore subject to the notification and processing requirements
for other Conditional Use Permits. Because of the needs and requirements
of the sensitive area, as defined in this ordinance, a minimum radius
of 500 feet, measured from the exterior boundaries of the proposed
off-site facility, shall be used for the purpose of notification of
the public hearing.
G.
Siting
Restriction on Off-site Hazardous Waste Facilities. All off-site hazardous
waste facilities shall comply with the siting criteria set forth in
the Orange County Hazardous Waste Management Plan. These criteria
have been established for use by hazardous waste facility applicants
in locating and designing suitable facility sites and projects. The
purpose of the criteria is to reduce public health and environmental
risks and governmental costs associated with development of a potential
facility. The siting criteria can be found in the Orange County Hazardous
Waste Management Plan, copies of which are on file with the City's
Community Development Department.
H.
Findings
Required for Approving Hazardous Waste Facilities. At a minimum, the
following findings shall be made in writing by the Commission prior
to granting a Conditional Use Permit for a hazardous waste facility
project:
1.
The project is consistent with the City's General Plan and all applicable
ordinances of the City;
2.
The project will not be detrimental to the health, safety, or general
welfare of the community as determined in the required health and
safety assessment and other documents describing the potential impacts
of the proposed project;
3.
The project site is or will be adequately served by streets, highways,
infrastructure, and other public or private service facilities;
4.
The project complies with the siting criteria outlined in the Orange
County Hazardous Waste Management Plan;
5.
The project contains a contingency plan that adequately provides
for evacuation or other responses necessary as a consequence of an
accident at the proposed site;
6.
The City's emergency police and fire response personnel and equipment
can respond and treat, contain, or mitigate the possible hazards associated
with an accident on the proposed project site;
7.
The project is in conformance with all Federal, State, and County
fire standards, as well as the requirements of the Uniform Fire Code.
I.
Standards
for the Physical Development of Such Uses. The City may impose conditions
on the granting of a Conditional Use Permit for a hazardous waste
facility in order to achieve the purpose of this Title and the General
Plan and to protect the health, safety, and general welfare of the
community. In addition to the standard planning conditions and any
special conditions required by the City, the following minimum conditions
shall be placed upon an applicant:
1.
To ensure the safety and security of the community and the operation
of the facility, the owner shall:
a.
Prevent the unknowing entry, and minimize the possibility of the
unauthorized entry, of persons onto any portion of the facility.
b.
Provide a 24-hour surveillance system (e.g., television monitoring
or surveillance by guards or facility personnel) that continuously
monitors and controls entry onto the facility.
c.
Construct an artificial or natural barrier (e.g., a wall or a wall
combined with a landscape berm) that completely surrounds the facility.
d.
Provide all gates or other entrances into the facility with adequate
means to control entry at all times. Signs stating, "Danger—Hazardous
Waste Area—Unauthorized Personnel Keep Out," shall be posted
at each entrance to the facility and at other locations in sufficient
numbers to be seen from any approach. The sign shall be written in
English, Spanish, and Vietnamese, and shall be legible from a distance
of at least 25 feet.
J.
Hazardous Materials Disclosure. All off-site hazardous waste facilities shall comply with the hazardous materials disclosure criteria set forth in Chapter 8.31 of the WMC.
K.
Contingency
Plan Required
1.
The hazardous waste facility shall be required to have a contingency
plan designed to minimize hazards to human health and the environment
from fires, explosions, or unplanned release of hazardous waste to
the air, soil, or surface water. The plan shall be carried out immediately
whenever a fire, explosion, or unplanned release occurs. The contingency
plan shall include:
a.
The actions employees must take in response to a fire, explosion,
or unplanned release of hazardous waste;
b.
Arrangements agreed to by local emergency-response officials;
c.
The names, addresses, and telephone numbers (office and home) of
all persons qualified to act as emergency coordinator. (If more than
one name is listed, the order in which they may assume authority shall
be given, with one person designated as primary coordinator.) The
emergency coordinator shall be available to respond to an emergency
and shall have the responsibility for coordinating all emergency response
measures. The emergency coordinator shall be familiar with all aspects
of the contingency plan, all operations and activities of the facility,
the location and characteristics of waste handled, and general facility
layout. The emergency coordinator shall have the authority to commit
the resources needed to carry out the contingency plan;
d.
A listing of all emergency equipment at the facility, including its
location and an outline of its capabilities;
e.
An evacuation plan for employees where evacuation may be necessary,
including signals used to begin evacuation, primary evacuation routes,
and alternate routes.
2.
Facility emergency coordinator responsibilities shall be identified
in the contingency plan to include, at minimum, the following:
a.
In event of an emergency (imminent or natural) fire, the emergency
coordinator shall immediately activate facility alarms to notify employees
and shall contact appropriate State or local emergency response agencies;
b.
In the event of a fire, explosion, or release of any hazardous material,
the emergency coordinator shall immediately identify the character,
exact source, amount, and real extent of any released materials. Concurrently,
the emergency coordinator shall assess possible hazards, both direct
and indirect, to human health or the environment that may result from
the emergency;
c.
If the emergency coordinator determines that the facility has had
a release, fire, or explosion that could threaten human health and
the environment outside the facility, the emergency coordinator shall
report his or her findings as outlined in subsections K.2.d and e;
d.
If evacuation is necessary, local officials shall be so notified;
e.
The emergency coordinator shall, in every situation, notify the State
Office of Emergency Services at 1-800-852-7550, providing the following
information:
g.
If the facility stops operations during an emergency, the emergency
coordinator shall monitor for leaks, pressure build-ups, and gas generation
or ruptures in valves, pipes, or other equipment as appropriate;
h.
Immediately after an emergency, the emergency coordinator shall provide
for treating, storing, or disposing of recovered waste, contaminated
soil or surface water, or any other material resulting from a release,
fire, or explosion;
j.
Owner/operator responsibilities shall be identified in the contingency
plan to include, at minimum, the following:
k.
Within 15 days, submit a written report of the incident to the State
Department of Health Services. The report shall include:
i.
Name, address, and telephone number of the owner/operator,
ii.
Name, address, and telephone number of the facility,
iii.
Date, time, and type of incident,
iv.
Name and quantity of materials involved,
v.
Extent of any injuries,
vi.
Assessment of actual or potential hazards to human health or the
environment, where applicable,
vii.
An estimate of the quantity of materials recovered and its disposition.
3.
A copy of the contingency plan shall be maintained at the facility.
A copy shall be sent to the City's Public Safety and Planning divisions,
Orange County Fire Department, surrounding hospitals, Orange County
Health Care Agency, the Westminster Fire Prevention Bureau, and other
regulatory agencies as deemed appropriate.
4.
The contingency plan shall be reviewed and amended when any of the
following occur:
a.
The facility permit is revised;
b.
Applicable regulations are revised;
c.
The plan fails in an emergency;
d.
Operations at the facility change in a way that materially increases
the potential of fire, explosion, or unplanned release of hazardous
waste;
e.
The list of emergency coordinators changes;
f.
The list of emergency equipment changes.
L.
Monitoring
of Facility Operations Authorized
1.
Upon reasonable notice, the City, its designated representatives,
and representatives of other affected regulatory agencies may enter
a parcel for which a Conditional Use Permit for a hazardous waste
facility has been granted, in order to monitor the operation of the
facility.
2.
The holder of a Conditional Use Permit for a hazardous waste facility
shall report quarterly to the City the amount, type, and disposition
of all wastes processed by the facility. Included in the report shall
be copies of all manifests showing the delivery and types of hazardous
waste materials. The report shall also include a map showing the exact
location (coordinates and elevation) by quantity and types of material
placed in repositories or otherwise stored or disposed on-site.
3.
All structures shall remain accessible for inspection purposes.
M.
Closure
Plan Required. The owner or operator of a hazardous waste management
facility shall submit a written closure plan. A copy of the approved
plan and all revisions to the plan shall be kept at the facility until
closure is completed. The plan shall identify steps necessary to completely
or partially close the facility at any point during its intended operating
life and to completely close the facility at the end of this intended
operating life. The closure plan shall include at a minimum:
1.
A description of how and when the facility will be partially closed,
if applicable, and finally closed. The description shall identify
the maximum extent of the operation that will be open during the life
of the facility;
2.
An estimate of the maximum inventory of wastes in storage and treatment
at any time during the life of the facility;
3.
A description of the steps needed to decontaminate facility equipment
during the closure;
4.
An estimate of the expected year of closure and a schedule for final
closure. The schedule shall include, at a minimum, the initial time
required to close the facility and the time required for intervening
closure activities that will allow tracking of the progress of closure.
The owner or operator may amend the closure plan at any time during
the active life of the facility (that period during which wastes are
periodically received). The owner or operator shall amend the plan
whenever changes in operating plans or facility design affect the
closure plan, or whenever there is a change in the expected year of
closure. When the owner or operator requests a permit modification
to authorize a change in operating plans or facility design, a modification
of the closure plan shall be requested at the same time;
5.
The plan shall clearly indicate an effective and ongoing use for
the facility after closure. The plan shall identify how the subject
property will be used after the anticipated life of the project; the
nature and type of reclamation; provisions for maintenance of the
project; and finally, the requirements for long-term monitoring of
the reclaimed area to ensure no hazardous materials are leaking from
the site;
6.
The plan shall indicate financial arrangements (irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of its site and its long-term postclosure monitoring maintenance per Section 17.400.090, Mobile Home Park Conversions.
N.
Proof
of Liability Insurance Required. To ensure financial responsibility,
the owner/operator shall show proof of liability insurance as follows:
1.
The types, amounts, periods of coverage, and provisions for periodic
review as to adequacy of coverage shall be specified in the conditions
of approval. Required insurance shall include, but not be limited
to, general liability insurance, automotive liability insurance, environmental
impairment liability insurance, and architect's and engineer's professional
liability insurance. All such insurance shall name the City as an
additional insured and shall be maintained for the life of the site
and such additional periods as shall be specified in the conditions
of approval.
2.
Additionally, coverage shall be provided for workers' compensation
insurance and such other insurance as may be required. Said insurance
shall name the City as either an additional insured or as an additional
loss payee. Certificates of Insurance shall be submitted to the City
annually.
3.
An irrevocable trust shall be established to provide funds for closure
of the site and its long-term postclosure monitoring and maintenance.
Funds for this trust shall be provided by the owner/operator of the
facility quarterly, based on quantity and types of hazardous waste
received and processed or percentage of gross income. The terms of
the trust shall be agreed upon by the project owner/operator and the
City. The terms shall be reviewed annually in regard to the amount
of funds in the trust and anticipated closure monitoring and maintenance
costs. The applicant shall provide a bond in the amount to be determined
by the City for purposes of closure of the site.
4.
The owner/operator shall defend, indemnify, and hold harmless the
City, its officers, agents, servants, and employees from all claims,
actions, or liabilities arising out of the issuance of this permit,
operations at the facility, and transportation of wastes to and from
the facility.
O.
Minimum
Development Requirements
1.
The City may impose conditions on the granting of a Conditional Use
Permit for a hazardous waste facility in order to achieve the purpose
of this Section and the General Plan and to protect the health, safety,
and general welfare of the community. In addition to the standard
planning conditions and any special conditions required by the City,
the following minimum conditions shall be placed upon an applicant:
a.
To ensure the safety and security of the community and the operation
of the facility, the owner shall:
i.
Prevent the unknowing entry, and minimize the possibility of the
unauthorized entry, of persons onto any portion of the facility;
ii.
Provide a 24-hour surveillance system (e.g., television monitoring
or surveillance by guards or facility personnel) which continuously
monitors and controls entry onto the facility;
iii.
Construct an artificial or natural barrier (e.g., a wall or
a wall combined with a landscape berm) which completely surrounds
the facility;
iv.
All gates or other entrances into the facility shall be provided
with adequate means to control entry at all times. Signs with the
legend, "Danger—Hazardous Waste Area— Unauthorized Personnel
Keep Out," shall be posted at each entrance to the facility and at
other locations in sufficient numbers to be seen from any approach.
The legend shall be written in English, Spanish, and Vietnamese, and
shall be legible from a distance of at least 25 feet.
b.
The hazardous waste facility is required to have a contingency plan
designed to minimize hazards to human health and the environment from
fires, explosions, or unplanned release of hazardous waste to the
air, soil, or surface water. The plan shall be carried out immediately
whenever a fire, explosion, or unplanned release occurs. The contingency
plan shall include:
i.
The actions employees must take in response to a fire, explosion,
or unplanned release of hazardous waste;
ii.
Arrangements agreed to by local emergency response officials;
iii.
The names, addresses, and telephone numbers (office and home)
of all persons qualified to act as emergency coordinator. (If more
than one name is listed, the order in which they may assume authority
shall be given, with one person designated as primary coordinator.)
The emergency coordinator shall be available to respond to an emergency
and shall have the responsibility for coordinating all emergency response
measures. The emergency coordinator shall be familiar with all aspects
of the contingency plan, all operations and activities of the facility,
the location and characteristics of waste handled, and general facility
layout. The emergency coordinator shall have the authority to commit
the resources needed to carry out the contingency plan;
iv.
A listing of all emergency equipment at the facility, including its
location and an outline of its capabilities;
v.
An evacuation plan for employees where evacuation may be necessary,
including signals used to begin evacuation, primary evacuation routes,
and alternate routes.
c.
Facility emergency coordinator responsibilities shall be identified
in the contingency plan to include, at minimum, the following:
i.
In event of emergency (imminent or natural) fire, the emergency coordinator
shall immediately activate facility alarms to notify employees and
shall contact appropriate State or local emergency response agencies.
ii.
In the event of a fire, explosion, or release of any hazardous material,
the emergency coordinator shall immediately identify the character,
exact source, amount, and real extent of any released materials. Concurrently,
the emergency coordinator shall assess possible hazards, both direct
and indirect, to human health or the environment that may result from
the emergency.
iv.
If evacuation is necessary, local officials shall be so notified.
v.
The emergency coordinator shall, in every situation, notify the State
Office of Emergency Services, telephone number 1-800-852-7550, providing
the following information:
vii.
If the facility stops operations during an emergency, the emergency
coordinator shall monitor for leaks, pressure build-ups, and gas generation
or ruptures in valves, pipes, or other equipment as appropriate.
viii.
Immediately after an emergency, the emergency coordinator shall
provide for treating, storing, or disposing of recovered waste, contaminated
soil or surface water, or any other material resulting from a release,
fire, or explosion.
d.
Owner/operator responsibilities shall be identified in the contingency
plan to include, at minimum, the following:
i.
Notify the State Department of Health Services and appropriate State
and local authorities that the above requirements have been met before
operations are resumed in the affected area;
ii.
Record the time, date, and details of any incident which requires
implementing the contingency plan;
iii.
Within 15 days, submit a written report of the incident to the
State Department of Health Services. The report shall include:
(A)
Name, address, and telephone number of the owner/operator,
(B)
Name, address, and telephone number of the facility,
(C)
Date, time, and type of incident,
(D)
Name and quantity of materials involved,
(E)
Extent of any injuries,
(F)
Assessment of actual or potential hazards to human health or
the environment, where applicable, and
(G)
An estimate of the quantity of materials recovered and its disposition;
iv.
A copy of the contingency plan shall be maintained at the facility.
A copy shall be sent to Public Safety, Orange County Fire Department,
surrounding hospitals, Orange County Health Care Agency, the Westminster
Fire Prevention Bureau, the Westminster Planning Division, and other
regulatory agencies as deemed appropriate;
v.
The contingency plan shall be reviewed and amended when any of the
following occur:
(A)
The facility permit is revised,
(B)
Applicable regulations are revised,
(C)
The plan fails in an emergency,
(D)
Operations at the facility change in a way that materially increases
the potential of fire, explosion, or unplanned release of hazardous
waste,
(E)
The list of emergency coordinators changes, and
(F)
The list of emergency equipment changes.
e.
Monitoring.
i.
Upon reasonable notice, the City, its designated representatives,
and representatives of other affected regulatory agencies may enter
a parcel for which a Conditional Use Permit for a hazardous waste
facility has been granted in order to monitor the operation of the
facility.
ii.
The holder of a Conditional Use Permit for a hazardous waste facility
shall report quarterly to the City the amount, type, and disposition
of all wastes processed by the facility. Included in the report shall
be copies of all manifests showing the delivery and types of hazardous
waste materials. The report shall also include a map showing the exact
location (coordinates and elevation) by quantity and types of material
placed in repositories or otherwise stored or disposed on-site.
iii.
All structures shall remain accessible for inspection purposes.
f.
The owner or operator of a hazardous waste management facility shall
submit a written closure plan. A copy of the approved plan and all
revisions to the plan shall be kept at the facility until closure
is completed. The plan shall identify steps necessary to completely
or partially close the facility at any point during its intended operating
life and to completely close the facility at the end of this intended
operating life. The closure plan shall include at a minimum:
i.
A description of how and when the facility will be partially closed,
if applicable, and finally closed. The description shall identify
the maximum extent of the operation which will be open during the
life of the facility;
ii.
An estimate of the maximum inventory of wastes in storage and treatment
at any time during the life of the facility;
iii.
A description of the steps needed to decontaminate facility
equipment during the closure;
iv.
An estimate of the expected year of closure and a schedule for final
closure. The schedule shall include, at a minimum, the initial time
required to close the facility and the time required for intervening
closure activities which will allow tracking of the progress of closure.
The owner or operator may amend the closure plan at any time during
the active life of the facility. (The active life of the facility
is that period during which wastes are periodically received.) The
owner or operator shall amend the plan whenever changes in operating
plans or facility design affect the closure plan, or whenever there
is a change in the expected year of closure. When the owner or operator
requests a permit modification to authorize a change in operating
plans or facility design, a modification of the closure plan shall
be requested at the same time;
v.
The plan shall clearly indicate an effective and ongoing use for
the facility after closure. The plan shall identify how the subject
property will be used after the anticipated life of the project; the
nature and type of reclamation; provisions for maintenance of the
project; and finally, the requirements for long-term monitoring of
the reclaimed area to ensure no hazardous materials are leaking from
the site;
g.
To ensure financial responsibility, the owner/operator shall show
proof of liability insurance as follows:
i.
The types, amounts, periods of coverage, and provisions for periodic
review as to adequacy of coverage shall be specified in the conditions
of approval. Required insurance shall include, but not be limited
to, general liability insurance, automotive liability insurance environmental
impairment liability insurance, and architect's and engineer's professional
liability insurance. All such insurance shall name the City as an
additional insured and shall be maintained for the life of the site
and such additional periods as shall be specified in the conditions
of approval;
ii.
Additionally, coverage shall be provided for workers' compensation
insurance and such other insurance as may be required. Said insurance
shall name the City as either additional insured or as an additional
loss payee. Certificates of Insurance shall be submitted to the City
annually;
iii.
An irrevocable trust shall be established to provide funds for
closure of the site and its long-term post-closure and monitoring
and maintenance. Funds for this trust shall be provided by the owner/operator
of the facility quarterly based on quantity and types of hazardous
waste received and processed or percentage of gross income. The terms
of the trust shall be agreed upon by the project owner/operator and
the City. The terms shall be reviewed annually in regard to the amount
of funds in the trust and anticipated closure monitoring and maintenance
costs. Applicant shall provide a bond in the amount to be determined
by the City for purposes of closure of the site;
iv.
The owner/operator shall defend, indemnify, and hold harmless the
City, its officers, agents, servants, and employees from all claims,
actions, or liabilities arising out of the issuance of this permit,
operations at the facility, and transportation of wastes to and from
the facility.
P.
Use
of Permit
1.
A Conditional Use Permit for a hazardous waste facility shall be
granted for those substances and quantities identified in the conditions
of approval. No additional types of waste or increases in the quantity
of approved wastes shall be allowed beyond those specified in the
approval permit unless a separate application is made therefore which
shall satisfy the same procedures and contents as those required in
an initial application.
2.
Any use authorized under the provisions of this Chapter must be exercised
within one year of the final authorization of this use or such conditional
use shall become null and void. Any use approved pursuant to this
Chapter which has been discontinued for a period of 1 year or more
shall become null and void. All use permits for off-site hazardous
waste facilities shall expire 5 years from the time of the last approval
of said permit. An applicant may request an extension of time to develop
the facility site beyond the 1-year limit. Such extensions shall be
made to the Planning Commission on forms provided by the Community
Development Department and shall be filed with the director, accompanied
by the appropriate fee. Within 60 days after the filing of a request
for an extension, the director shall set the matter as an advertised
public hearing on the regular agenda of the Planning Commission. An
extension of time may be granted by the Planning Commission upon a
determination that valid reasons exist for permittee not using the
permit within the required period of time. The term "use" shall mean
the beginning of substantial construction of the use that is authorized,
which construction must thereafter be pursued diligently to completion.
Q.
Time
Limits to Effectuate and Maintain Permit
1.
Any use authorized under the provisions of this Chapter must be exercised
within one year of the final authorization of this use or such conditional
use shall become null and void.
2.
Any use approved pursuant to this Chapter that has been discontinued
for a period of one year or more shall become null and void.
3.
All use permits for off-site hazardous waste facilities shall expire
5 years from the time of the last approval of said permit. An applicant
may request an extension of time to develop the facility site beyond
the 1-year limit. Such extensions shall be made to the Commission
on forms provided by the Division and shall be filed with the Director,
accompanied by the appropriate fee. Within 60 days after the filing
of a request for an extension, the Director shall set the matter as
an advertised public hearing on the regular agenda of the Commission.
An extension of time may be granted by the Commission upon a determination
that valid reasons exist for the permittee not using the permit within
the required period of time. The term "use" shall mean the beginning
of substantial construction of the use that is authorized, which must
thereafter be pursued diligently to completion.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of regulating packing plants for whole agricultural
products is to ensure compatibility with surrounding properties.
B.
Development
Standard. No packing plant for whole agricultural products shall be
closer than 50 feet to any property line common to other property
that is not devoted to another such packing plant, or that of a veterinary
hospital, commercial kennel, commercial poultry or rabbit ranch, dairy,
livestock-raising or feeding ranch, or small-animal raising.
(Ord. 2456 § 2, 2010)
A.
Intent
and Purpose. The purpose of regulating recycling facilities, as defined
in Article 7, is to minimize potentially adverse effects on surrounding
residents and properties.
B.
Standards
Applicable to All Recycling Facilities. The following standards shall
apply to all recycling facilities within the City:
C.
Reverse
Vending Machines. Reverse vending machines shall comply with the following
standards.
1.
Such machines shall be permitted only in conjunction with a commercial
use established in compliance with the WMC.
2.
Such machines shall be located within 50 feet of the entrance to
the host commercial structure immediately abutting a building wall,
and shall not obstruct pedestrian or vehicular circulation.
3.
Such machines shall not occupy more than 50 square feet of ground
area per installation, including any protective enclosure, and shall
be no more than 8 feet in height.
4.
Such machines shall be constructed of durable and waterproof material.
5.
Such machines shall be clearly marked to identify the type of material
to be deposited, operating instructions, and the identity and phone
number of the operator or responsible person to call if the machine
is inoperative.
6.
Such machines shall have a sign area of a maximum of 4 square feet,
exclusive of operation instructions.
7.
Such machines shall be maintained in a clean, litter-free condition.
8.
Such machines shall have the same operating hours as the host use.
9.
Such machines shall be illuminated to ensure safe operation at all
hours during which they operate.
D.
Small
Collection Facilities. All small collection facilities shall comply
with the following standards.
1.
Such facilities shall be established in conjunction with a permitted
commercial or industrial use established in compliance with the WMC.
2.
Such facilities shall be no larger than 500 square feet and shall
not occupy any required parking spaces.
3.
Such facilities shall accept only glass, metals, and plastic containers;
papers; and reusable items. Used motor oil may be accepted with permission
of the Fire Marshal.
4.
Such facilities shall use no power-driven processing equipment.
5.
Such facilities shall have containers that are constructed and maintained
with durable waterproof and rustproof materials, covered when site
is not attended, secured from unauthorized entry or removal of material,
and of a capacity sufficient to accommodate materials collected and
the collection schedule.
6.
Such facilities shall store all recyclable material in containers
or in the mobile unit vehicle, and shall not allow for materials to
be left outside of containers when an attendant is not present.
7.
Such facilities shall be maintained free of litter and any other
undesirable materials.
8.
Mobile facilities, from which truck or containers are removed at
the end of each collection day, shall be swept at the end of each
collection day.
9.
Such facilities shall not exceed noise levels of 60 dBA as measured
at the property line of residentially zoned property or property supporting
a school, hospital, or other noise-sensitive use, or 70 dBA for any
other property.
10.
Unattended facilities located within 100 feet of a property zoned
or occupied for residential use shall operate only between the hours
of 9:00 a.m. and 7:00 p.m.
11.
Containers for the 24-hour donation of materials shall be at least
30 feet from any property zoned or occupied for residential use unless
there is an established service corridor and acoustical shielding
between the containers and the residential use.
12.
Containers shall be clearly marked to identify the type of material
that may be deposited.
13.
The facility shall be clearly marked to identify the name and telephone
number of the facility operator and the hours of operation, and display
a notice stating that no material shall be left outside the recycling
enclosure or containers.
14.
Permanently installed facilities shall be made compatible with the
characteristics of the surrounding area through the use of architecture,
colors, and landscaping. Mobile facilities shall make use of all opportunities
for screening available to the site, and shall be required to install
landscaping or construct screening devices, or both, to the maximum
practical extent as determined by the applicable reviewing authority.
15.
Mobile recycling units shall have an area clearly marked, and signs
shall be posted prohibiting the parking of other vehicles in the area
during the hours when the mobile unit is scheduled to be present.
16.
A reduction in available parking spaces within an established parking
facility in order to accommodate a recycling facility may be allowed,
as follows, for a commercial or industrial host use:
|
Number of Available Parking Spaces
|
Maximum Reduction
|
|---|---|
|
0–25
|
0
|
|
26–35
|
2
|
|
36–49
|
3
|
|
50–99
|
4
|
|
100 +
|
5
|
E.
Large
Collection Facilities. All large collection facilities shall comply
with the following standards.
1.
Such facilities shall be located a minimum distance of 100 feet from
any property zoned or designated by the General Plan for residential
use.
2.
Such facilities shall be screened from view with landscaping and
a solid decorative masonry wall at least 6 feet in height.
3.
Setbacks and landscaping requirements shall be those provided for
the zoning district in which the facility is located.
4.
All exterior storage of material shall be in either baled or palletized
form, or in sturdy containers that are covered, secured, and maintained
in good condition. Storage containers for flammable material shall
be constructed of nonflammable material. Used oil storage must be
in containers approved by the fire marshal. No storage, excluding
truck trailers or overseas containers, may be visible over the height
of the fencing.
5.
Site shall be maintained free of litter and any other undesirable
materials, and shall be cleaned of loose debris on a daily basis.
6.
Space shall be provided on-site in an amount adequate to serve the
anticipated peak customer load or five vehicles, whichever is higher,
to circulate and to deposit recyclable material.
7.
One parking space for each employee and each vehicle operated by
the recycling facility shall be provided on-site. The parking area
thus created shall be exclusive of the circulation/drop-off area stipulated
in subsection E.6.
9.
If the facility is located within 500 feet of property zoned or planned
for residential use, it shall not be in operation between the hours
of 7:00 p.m. and 7:00 a.m.
10.
Any containers provided for after-hours donation of recyclable materials
shall be at least 50 feet from any property zoned or occupied for
residential use; shall be of sturdy, rustproof construction; shall
be of sufficient capacity to accommodate materials collected; and
shall be secure from unauthorized entry or removal of materials.
11.
Donation areas shall be kept free of litter and any other undesirable
material, and the containers shall be clearly marked to identify the
type of material that may be deposited; the facility shall display
a notice stating that no material shall be left outside the recycling
containers.
12.
The facility shall be clearly marked with the name and phone number
of the facility operator and the hours of operation. Identification
and informational signs shall meet the standards of the zoning district
in which it is located. Directional signs, bearing no advertising
message, may be installed with the approval of the Director, if necessary
to facilitate traffic circulation, or if the facility is not visible
from the public right-of-way.
13.
Power-driven processing, including aluminum foil and can compacting,
baling, plastic shredding, or other light processing activities necessary
for the efficient temporary storage and shipment of material, may
be approved if noise and other conditions are met.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
A.
Purpose
and Intent. The purpose of this Section is to provide general development
standards for single-family residences in any residential district
unless noted otherwise.
B.
Development
Standards. A single-family dwelling unit and any expansion of such
unit shall comply with the following criteria. The Director may require
recordation of a covenant stipulating the conditions of approval for
any project approved hereunder, whenever, in the judgment of the Director,
such a covenant is necessary to provide constructive notice to any
successor in interest on the subject property as to the nature of
the approval conferred hereunder.
1.
The design of an addition shall be consistent with the design of
the surrounding neighborhood and shall be compatible with the materials,
color palette, architectural theme, and roof pitch of the existing
dwelling unit.
2.
Common interior access to all living, sleeping, eating, and food
preparation areas shall be provided through common use areas or a
common hallway, and the dwelling unit, including any additions, shall
function as a single-family dwelling. No addition or modification
to a single-family dwelling shall be permitted that facilitates subdividing
the interior of the dwelling unit into separate areas that may be
used as independent living space, or that subverts or violates the
R1 zoning district regulations when a project is within an R1 district.
3.
The second floor of the house shall not have a kitchen, a wet bar or the utilities available to facilitate the installation of kitchen facilities unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses—Accessory Dwelling Units.
4.
Each single-family dwelling shall have no more than one kitchen unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses—Accessory Dwelling Units.
5.
Three enclosed garage spaces with minimum interior dimensions of
10 feet by 20 feet each and 3 open parking spaces with minimum dimensions
of 9 feet by 19 feet each shall be provided if a single-family dwelling
has 5 or more bedrooms, or rooms which by the virtue of their design,
location, and means of access within the dwelling can reasonably be
used primarily for sleeping purposes without structural modifications.
6.
An exterior door from a bedroom shall not be permitted except under
the following conditions:
a.
Installation of the exterior bedroom door shall not facilitate subdivision
of the interior of the dwelling unit into smaller, independent separate
living or dwelling units.
b.
The door shall be decorative in nature and the area of the door shall
be at least 50 percent translucent, such as a sliding glass door or
French doors.
c.
The door shall provide access to an improved landscaped or recreational
area, such as a garden, spa, or patio, in the rear or side yard. If
the exterior bedroom door opens onto a side yard, the side yard shall
have a minimum dimension of 10 feet.
7.
If a wet bar is proposed, it shall be located in a common living
space, such as a family room or living room, with open access to other
areas of the home provided that the portion of the home containing
the wet bar can comply with the standard outlined in Section 17.400.130.B.3.
8.
Exterior stairs to the second floor or balcony of a single-family
dwelling shall not be permitted except under the following conditions:
a.
Installation of the staircase shall not facilitate subdivision of
the interior of the dwelling unit into smaller, independent living
spaces or dwelling units including accessory dwelling units and junior
accessory dwelling units.
b.
The exterior door leading to the second-floor landing of the staircase
shall be decorative in nature and the area of the door shall be at
least 50 percent translucent, such as a sliding glass door or French
doors.
c.
The staircase shall provide access from the second floor to an improved
landscaped or recreational area, such as a garden, spa, or patio.
d.
The interior staircase of the dwelling shall be retained and shall
be utilized as the primary means of access to the second floor of
the dwelling.
e.
A deed restriction stipulating compliance with the above conditions
shall be recorded on property in all cases where a second floor exterior
staircase is approved.
9.
Each single-family dwelling shall provide an enclosed 2-car garage having a minimum interior dimension of 20 feet in width and 20 feet in depth, unless otherwise required by Section 17.400.120.B.4. A garage may have windows and may be finished with drywall provided that the garage shall not be used for habitable space and shall be available for storage of automobiles. The maximum size of a detached 2-car garage shall be 550 square feet, and the maximum size for a 3-car detached garage shall be 750 square feet. If the accessory dwelling unit's required parking space will be provided in a garage, the garage space for that parking space is exempt from the total maximum. Detached garages exceeding the established maximum size and attached garages exceeding 800 square feet in area are subject to an Administrative Use Permit, Chapter 17.550.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2549 § 4, 2018; Ord. 2563 § 3, 2019; Ord. 2572 § 3, 2021)
A.
"SB 9 two-unit housing development"
Definitions.
For purposes of this Section, the following definition shall apply:
shall mean no more than two residential units within a single-family
residential R1 zone that meets the requirements of this section. The
two units may consist of two new units or one new unit and one existing
unit.
B.
Minimum
Qualifying Requirements for Ministerial Approval. The city shall ministerially
approve a housing development containing no more than two residential
units if it meets the following requirements:
1.
The parcel is located within a single-family residential R1 zone.
2.
The parcel satisfies the requirements specified in subparagraphs
(B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section
65913.4.
3.
The proposed housing development would not require demolition or
alteration of any of the following types of housing:
a.
Housing that is subject to a recorded covenant, ordinance or law
that restricts rents to levels affordable to persons and families
of moderate, low, or very low income;
b.
Housing that is subject to any form of rent or price control by the
city;
c.
A parcel or parcels on which an owner of residential real property
exercised rights under Government Code section 7060 et seq. to withdraw
accommodations from rent or lease within 15 years before the date
of the application; or
d.
Housing that has been occupied by a tenant in the last three years.
4.
Unless demolition is prohibited pursuant to Section B.3.d. above,
up to 25 percent of the existing exterior structural walls may be
demolished.
C.
Standards
and Requirements. The following requirements shall apply to each dwelling
unit that is part of an SB 9 two-unit housing development in addition
to all other objective standards pertaining to the single-family residential
R1 zone:
1.
Maximum number of units. The maximum number of dwelling units permitted
on a lot shall not exceed two. This two-unit maximum includes any
combination of new or existing primary dwelling units, existing accessory
dwelling units, and existing junior accessory dwelling units.
2.
Accessory dwelling units and junior accessory dwelling units. New
accessory dwelling units and new junior accessory dwelling units shall
not be permitted in conjunction with any SB 9 two-unit housing development.
3.
Maximum unit size.
a.
New units. The gross floor area of each new primary dwelling unit
developed as part of an SB 9 two-unit housing development shall not
exceed 800 square feet.
b.
Existing units.
i.
Greater than 800 square feet. An existing primary dwelling unit that
was legally established on the lot prior to the submittal of a complete
application for an SB 9 two-unit development and has a total gross
floor area greater than 800 square feet shall be limited to its current
lawful floor area and may not be expanded. If any floor area is removed
from the existing unit, it may not be replaced unless the resulting
unit will be 800 square feet or less.
ii.
Less than or equal to 800 square feet. An existing primary dwelling
unit that was legally established prior to the submittal of a complete
application for an SB 9 two-unit housing development and that is smaller
than 800 square feet may be expanded up to a maximum of 800 square
feet.
4.
Maximum height. The maximum permitted height for each primary dwelling
unit is 16 feet with a maximum of one story.
5.
Minimum setbacks.
a.
Setbacks for an existing structure or structure in the same location.
No setback shall be required for an existing structure or a structure
constructed in the same location and to the same dimensions as an
existing structure.
b.
Minimum front, side, and rear setbacks for a new structure. Except
for those circumstances described in subsection (C)(5)(a) above, the
setback from side and rear lot lines shall be four feet. The front
setback shall be as set forth in the single-family residential R1
zone.
6.
Minimum open space. A minimum of 225 square feet of contiguous open
space area shall be provided per unit. Any open space within the front
yard setback (and the 'flag pole' of a flag lot) shall not be counted
towards this minimum requirement.
7.
Encroachment into easements. No portion of a dwelling unit (whether
new construction or converted from existing space) may encroach into
any public or private easement, such as a utility easement, unless
the easement holder has provided written permission to construct the
dwelling unit in the manner proposed. Roof eaves may not be eliminated
to meet this requirement. To establish a rebuttable presumption of
compliance with this easement requirement, applicants may provide
to the city a written declaration, in a form acceptable to the City
Attorney, affirming under penalty of perjury compliance with this
requirement.
8.
Minimum distance between structures on the same lot. Except as otherwise
allowed by state law, the minimum distance between detached structures
on the same lot shall be six feet.
9.
Allowed projections/intrusions into setbacks. See Table 3-1 in Section 17.300.020.
10.
Maximum lot coverage. Forty percent, including any required or non-required
accessory structures.
11.
Maximum driveways and walkways coverage. See subsection (D)(2) of Section 17.300.020.
12.
Landscaping. All setback areas, and all areas that are not designated
for walkways, parking, drive aisles, driveways, and private or common
recreation areas, shall be fully landscaped and irrigated.
13.
Perimeter block walls. Each development shall provide a six-foot-high masonry block wall around the perimeter of the lot. The wall shall comply with all objective requirements set forth in Section 17.300.030.
14.
Off-street parking spaces for new primary dwelling units. One off-street
parking space shall be required per unit, except that no parking requirements
shall be imposed in either of the following circumstances:
a.
The parcel is located within one-half mile walking distance of either
a high-quality transit corridor as defined by Public Resources Code
Section 21155(b) or a major transit stop as defined in Public Resources
Code Section 21064.3; or
b.
There is a car share vehicle located within one block of the parcel.
16.
Off-street parking for an existing dwelling unit. Off-street parking spaces for an existing single-family dwelling unit shall continue to be provided in accordance with all off-street parking standards applicable to a single-family residence. However, these parking spaces may be provided in accordance with the special parking requirements applicable to an SB 9 two-unit housing development set forth in subsection (I)(5)of Section 17.320.030. Off-street parking spaces for an existing accessory dwelling unit shall continue to be provided in accordance with all off-street parking standards applicable to an accessory dwelling unit.
17.
Architectural design.
a.
If there is an existing primary dwelling that was legally established
on the lot prior to the filing of a complete application for a two-unit
housing development, any new additional primary dwelling unit must
be exactly the same as the existing primary dwelling unit in roof
design and dominant roof pitch. The dominant roof pitch is the slope
shared by the largest portion of the roof.
b.
If two new primary dwelling units are proposed, the dwellings must
be exactly the same as each other in roof design and dominant roof
pitch. The dominant roof slope is the sloped shared by the largest
portion of the roof. Flat or shed roofs are not permitted, and minimum
roof pitch must be 3:12.
18.
Access and circulation.
a.
Each development shall be designed to provide on-site vehicular access,
circulation, back-up, and turn-around areas that comply with all applicable
City standards.
b.
Where the street frontage of a lot (or the combined street frontage
of the two lots created through an urban lot split) is less than 81
feet, all units on the lot (or all units on both lots created through
an urban lot split) shall share and take vehicular access from the
same drive approach and driveway.
c.
Driveways shall maintain a minimum width of 20 feet, unless a wider
width is required for emergency access.
d.
Adequate access to each residential unit on the lot for fire and
emergency medical service personnel and vehicles must be provided.
The Orange County Fire Authority must confirm that all applicable
fire and emergency access requirements are met before the City will
approve a project.
19.
Laundry facilities. Each new primary dwelling shall have an area
within the dwelling, or within the garage that serves the dwelling,
designated for laundry facilities and equipped with wash and dryer
hook-ups. Laundry facilities within an enclosed garage shall not encroach
into the minimum required interior dimensions of the garage.
20.
Water heaters. Any water heater on the exterior of the new dwelling
unit must be placed within an alcove to minimize its appearance from
view.
21.
Mechanical equipment, metering devices. All roof and ground-mounted
mechanical equipment and metering devices shall be completely screened
from view from on or off the property. All ground-mounted equipment
and above-ground utility meters, including, but not limited to, heating,
cooling, or ventilating equipment; water or gas meters; and irrigation
equipment, shall be shown on the site plan, and shall not be placed
in the required front yard setback. If mechanical equipment or metering
devices are to be located between a structure and the property line
or between structures on the same property, an unobstructed path of
at least three feet wide shall be maintained for access to the mechanical
equipment or metering devices.
22.
Refuse storage areas. All refuse, recyclable materials, and organic waste must be stored on site in compliance with Section 8.16.025 and all objective standards in Section 17.300.045.
23.
Utilities.
a.
Each dwelling unit on a lot must have its own direct utility connection
to the utility/public service provider.
b.
All necessary and/or required easements for the provision of electricity,
gas, water, sewer, and other utility or public service to the lot
and each primary dwelling unit must be provided by the property owner/applicant.
c.
Submitted plans shall show the location and dimension of all proposed
above-ground and underground utility and public service facilities
serving the lot and each dwelling unit and the location and dimensions
of all related easements.
24.
On-site wastewater treatment system. For residential units connected
to an onsite wastewater treatment system (septic tank), the applicant
must provide a percolation test completed within the last 5 years,
or if the percolation test has been recertified, within the last 10
years, which shows that the system meets acceptable infiltration rates.
D.
Exceptions.
The city shall not: (1) require any of the following; or (2) deny
an application based upon any of the following:
1.
Any objective zoning or design standard that would have the effect of physically precluding the construction of up to two primary residential units on a lot or that would physically preclude each new unit from being 800 square feet in floor area shall be modified or waived to the extent necessary to allow the development of two primary residential units on a lot pursuant to this section that are each 800 square feet in floor area. The City prioritizes some objective development standards over others, as provided in subsection 2 below. In applying the exceptions required by this subsection, a proposed project shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority. If a proposed project can be designed such that each lot can accommodate two 800 square foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied.
2.
Priority of development standards. The City prioritizes the following
development standards in the following descending order of priority,
with the first development standard listed have the highest priority:
3.
This subsection shall not be interpreted to allow the provision or
development of non-required parking spaces that would physically preclude
the development or maintenance of two 800-square-foot dwelling units
on a lot.
4.
Building standards, standards required by federal, state or local law or for sanitation or safety reasons, the off-site parking requirements in subsection (C) of this section, and the lot access, and frontage requirements set forth in Chapter 16.12 will not be waived or modified unless otherwise required by state law.
5.
As part of its application, the applicant shall provide a written
explanation that: (a) specifically describes every development standard
the applicant seeks to modify and waive, and to what extent; (b) demonstrates
why waiver or modification of each development standard is needed
to prevent physically precluding the construction of up to two primary
residential units on the lot and/or each new unit from being at least
800 square feet in gross floor area; and (c) demonstrates that the
requested modifications and/or waivers are consistent with the priority
of development standards set forth in this subsection.
6.
The City shall not deny an application solely because it proposes
an adjacent or connected structure, provided that all building code
safety standards are met and they are sufficient to allow a separate
conveyance.
E.
Grounds
for Denial. The City may deny the housing development if the building
official makes a written finding, based upon a preponderance of the
evidence, that the proposed housing development project would have
a specific, adverse impact, as defined and determined in Government
Code Section 65589.5(d)(2), upon the public health and safety or the
physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
(Ord. 2580U § 9, 2022)
For multiple-family residential design guidelines, please refer
to the City of Westminster Design Guidelines Manual. This manual is
not included in any article of this Title, but is available for review
on the City's website or at the offices of the Division.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. The purpose of this Section is to provide general development
standards for accessory structures in residential districts.
B.
Detached
Accessory Buildings. Detached accessory buildings or structures shall
not be used as habitable space, and shall observe the following restrictions:
1.
An accessory building or structure 120 square feet or less and 7
feet or less in height including children's play houses shall be exempt
from development restrictions (except Building and Fire codes) provided
it is placed behind a line extending from the exterior wall of the
main dwelling unit nearest the streets but not closer than the minimum
setback line and no part of the building or structure extends beyond
any property line and that any portion of an accessory structure designed
as a deck, platform, or walking or play area including the top portion
of an elevated playhouse/treehouse or platform, swimming pool slide,
must maintain a 15-foot side and rear setback. This restriction does
not apply if the adjacent properties are not zoned for residential
use.
2.
For an accessory building or structure over 120 square feet in area,
or one that is greater than 7 feet in height, the following restrictions
shall apply:
a.
The maximum cumulative area of a non-garage detached accessory structure(s)
shall not exceed 200 square feet provided at least 1,000 square feet
of contiguous open space remains in the rear yard.
b.
A 3-foot setback shall be maintained from the interior side and rear
property lines when a detached structure is located within the rear
1/3 of the lot. Detached, accessory structures in the front 2/3 of
the lot shall maintain side and rear setbacks established for main
buildings.
c.
A 10-foot street side setback shall be maintained for all corner
lots.
d.
Any portion of an accessory structure designed as a deck, platform,
or walking or play area, including the top portion of an elevated
playhouse/treehouse or platform, swimming pool slide, diving board,
must maintain a 15-foot side and rear setback. This restriction does
not apply if the adjacent properties are not zoned for residential
use.
e.
The maximum height of the building or structure shall not exceed
15 feet to the roof peak, except where structures contain a flat roof
or shed roof, then the plate line shall not exceed 10 feet in height.
For non-roofed structures, the maximum height shall be 10 feet to
the highest portion of the structure, including, but not limited to,
play equipment.
f.
Eave overhangs or other similar projections shall not be closer than
2 feet to any side or rear property line.
g.
The detached accessory structure shall maintain a minimum 6-foot
separation from dwelling units.
h.
When designed and used for a garage, workshop or shed, the building
or structure shall be consistent with the architecture of the surrounding
neighborhood and shall be compatible with the materials, color palette,
architectural theme, and roof pitch of the main building.
i.
Accessory structures may not contain temporary or permanent kitchen
or cooking facilities.
j.
Accessory structures may not be used for cooking or sleeping purposes.
No person may sleep or otherwise reside in an accessory structure
at any time whether such use is temporary or permanent, and whether
or not compensation is provided.
k.
Accessory structures may not contain bathroom fixtures except for
a lavatory, toilet, and shower if in conjunction with an on-site,
permanent, in-ground swimming pool. Spas, whether in-ground or above
ground, and above-ground pools are not considered swimming pools for
the purposes of this Section.
3.
Plumbing fixtures in an accessory structure other than those provided
subject to subsection B.2.k are limited to one of the following: 1
single-basin wet-bar sink not exceeding 1 cubic foot in size; or 1
laundry sink if located adjacent to a laundry appliance fixture.
4.
The owner or applicant shall allow authorized City officials, or
their designees, access to the premises where there is reasonable
cause to believe that the accessory structure or its use is not in
compliance with the approval or this Title.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011)
A.
Accessory
Dwelling Units and Junior Accessory Dwelling Units—Purpose,
Definitions, General Plan Consistency
1.
Purpose. The intent of this Section is to ensure that ADUs and JADUs
remain as an accessory use to a single-family residence, and multifamily
residences, that the parcels are organized to accommodate an ADU and/or
JADU, and that such dwelling units do not adversely impact surrounding
residents or the community.
2.
"Accessory dwelling unit"
"ADU"
"Attached ADU"
"Converted ADU"
"Detached ADU"
Existing.
"JADU"
"Junior accessory dwelling unit"
"Passageway"
"Public transit"
"Tandem parking"
Definitions. For purposes of this Section 17.400.135:
has the same meaning as that stated in Government Code Section
65852.2 as that section may be amended time to time.
means an accessory dwelling unit.
means an ADU, other than a converted ADU, that is physically
attached to a primary dwelling. This includes an ADU that is created
by converting an existing part of the primary dwelling and expanding
the dwelling to create a new unit.
means an ADU that is constructed within all or a portion
of the permitted existing interior space of an accessory structure
or within all or a portion of the permitted existing interior space
of a dwelling structure, including bedrooms, attached garages, and
storage areas.
means an ADU that is physically separated from, but located
on the same lot as, a primary dwelling structure.
A structure is "existing" if it was legally constructed and
the construction has passed all required final inspections.
means a junior accessory dwelling unit.
shall have same meaning as that stated in Government Code
Section 65852.22(h)(1) as that section may be amended time to time.
has the same meaning as that stated in Government Code Section
65852.2 as that section may be amended time to time.
has the same meaning as that stated in Government Code Section
65852.2 as that section may be amended time to time.
has the same meaning as that stated in Government Code Section
65852.2 as that section may be amended time to time.
3.
General plan consistency. In adopting these standards, the City recognizes
that the approval of dwelling units may, in some instances, result
in dwelling densities exceeding the maximum densities prescribed by
the general plan. The City finds that this occurrence is consistent
with the general plan, as allowed under state planning and zoning
law applicable to ADUs, and that the amendment furthers the goals,
objectives, and policies of the general plan housing element.
B.
Accessory
Dwelling Units—Development Standards
1.
Residential zone. Except as otherwise provided, ADUs shall conform
to the development standards of the underlying zone, and are only
permitted in zones that allow for residential development.
2.
Location of ADUs. An ADU shall only be allowed on a lot within the
City that contains or will be developed with a legal, single-family
or multiple-family residence.
3.
Number of ADUs per lot.
a.
For lots with an existing or proposed single-family dwelling, one
ADU may be on the lot.
b.
For lots with an existing multifamily residential dwelling:
i.
No more than 25% of the number of the existing units, but at least
one unit, shall be permitted as ADUs constructed within the non-livable
space (e.g., storage rooms, boiler rooms, hallways, attics, basements,
or garages) of the existing multifamily dwelling structure provided
that applicable building codes are met; and
ii.
Up to 2 detached accessory units.
c.
For lots without an existing multifamily residential structure where
a new multifamily residential structure is proposed, up to 2 detached
ADUs may be on the lot, provided that:
i.
Each ADUs complies with the development standards for ADUs in this subsection B (Accessory Dwelling Units—Development Standards);
ii.
The property complies with all development standards applicable to
multifamily dwellings in the underlying zoning district including,
but not limited to, lot coverage, open space, parking, and landscaping
requirements; and
iii.
THE property is not relying on any exception within subsection
B.4 (for units of 800 square feet or less), listed immediately below.
4.
ADUs of 800 square feet or less. All development standards (including
setbacks, lot coverage, open space, and landscaping requirements)are
reduced solely to the extent necessary to allow either of the following:
a.
On a lot with a proposed or existing single-family dwelling, one
attached or detached ADU that is 800 square feet or less, with a height
not exceeding 16 feet, with setbacks of at least 4 feet from the side
and rear yards and complies with applicable front yard setbacks.
b.
On a lot with an existing multifamily dwelling, up to 2 detached
ADUs that are 800 square feet or less and which have a height not
exceeding 16 feet, and which comply with setbacks of at least 4 feet
from the side and rear yards, and which comply with front yard setbacks.
5.
Separate entrances. An ADU shall have a main entrance separate from
the primary home.
6.
Park fees. Applicants shall pay all applicable development impact fees, if any (See Section 3.62.040, "Parks and recreation mitigation requirement").
7.
City/public utilities.
a.
All ADUs must be connected to public utilities, or their private
equivalent, including water, electric, and sewer services. For example,
if required by the Building Standards Code, dwelling units that are
proposed to be installed on a property with only septic tanks are
prohibited.
b.
Except for ADUs created solely by converting an existing single-family
dwelling or a single-family accessory structure, the city may require
a separate utility connection.
8.
Building Code/minimum size. All new ADUs must comply with Title 15
of the Municipal Code ("Buildings and Construction") and any other
applicable provisions of the California Building Standards Code, including
minimum permissible sizes for dwellings (typically 220 square feet)
and requirements relating to solar panels. However, fire sprinklers
shall not be required if they are not required for the primary residence.
9.
Maximum size. ADUs shall not exceed the size standards listed below:
a.
Attached ADUs. The maximum floor area of an attached ADU shall be
1,200 square feet or 50% of the living area of the primary dwelling,
whichever is greater.
b.
Detached ADUs. 1,200 square feet of floor area.
c.
Conversion. An ADU which is converted entirely from within a lawful existing structure is not subject to a maximum floor area requirement. The resultant primary dwelling does need not comply with the minimum floor area requirements of Municipal Code Section 17.210.015, although it must still comply with Building Standards Code requirements relating to minimum floor areas.
10.
Lot coverage. In general, the lot coverage for all ADUs shall be subject to the lot coverage requirements of Section 17.210.015. However, ADUs which are 800 square feet or less are exempt from the total lot coverage calculation.
11.
Setbacks.
a.
Setbacks for converted ADUs. No setbacks are required for either:
(i) those portions of ADUs that are created by converting existing
living area or existing accessory structures to new ADUs; or (ii)
constructing new ADUs in the same location and to the same dimensions
as an existing structure.
b.
Setbacks for non-converted ADUs. For all other ADUs, there must be
a minimum of 4 feet of setbacks from side and rear lot lines and comply
with all applicable front yard setbacks.
c.
Distance between structures on a single-family lot. For a single-family
zoned lot, for any detached ADU which is new construction, there must
be at least 6 feet between the ADU and the single-family dwelling
and all other detached accessory structures.
d.
Distance between buildings on a lot with multifamily zoning. For
a lot in a multifamily zone, newly constructed detached ADUs must
be at least 10 feet from any other dwelling units (other than detached
ADUs that are attached to each other) on the property, and at least
6 feet from accessory structures.
e.
Public/private easements. No portion of an ADU (whether new construction
or converted from existing space) may encroach into any public or
private easement such as a utility easement unless the easement holder
has provided written permission to construct the ADU in the manner
proposed. Roof eaves may not be eliminated to meet the easement requirements.
To establish a rebuttable presumption of compliance with these easement
requirements, applicants may provide to the city a written declaration,
in a form acceptable to the City Attorney, affirming under penalty
of perjury compliance with these requirements.
12.
Open space.
a.
Single-family. For lots with a single-family development, there are no open space requirements for an ADU. However, if the primary dwelling requires open space for a reduced setback per Section 17.210.015, ADUs of 800 square feet or less may have such requirements reduced, as described in subsection B.4, above.
b.
Multifamily. For a lot which has an existing multifamily structure,
there are no open space requirements for the ADU. However, all open
space, lot coverage, open space standards for the primary dwelling
shall apply except to the extent that such standards would prohibit
up to 2 detached ADUs which do not exceed 800 square feet in size,
which are no taller than 16 feet in height and which comply with 4-foot
rear and side yard setback per subsection B.3.
13.
Height. ADUs shall not exceed the height of 16 feet unless the units
are within the existing space of a single-family dwelling, an accessory
structure or multifamily dwelling. ADUs may be permitted on the upper
floor of a newly constructed single-family home.
14.
Stairways. An ADU proposed within the second floor of an existing
or proposed single-family dwelling shall not have exterior stairways.
15.
Design requirements for new units. The exterior design features of
the ADU shall be similar to and compatible with the primary dwelling.
These features shall include, but are not limited to, roofing material,
roof design, roof pitch, exterior building finish/materials, and color.
The color of the ADU shall match the color of the primary dwelling.
16.
Parking.
a.
In addition to the required parking for the primary unit, one parking
space shall be provided unless the ADU has no bedrooms (e.g., a studio),
in which case no parking space is required. The required parking space
may be provided as:
i.
Tandem parking on an existing driveway in a manner that does not
encroach onto a public sidewalk and otherwise complies with city parking
requirements; or
ii.
Within a setback area or as tandem parking unless the Director
determines that parking in the setback or tandem parking is not feasible
based upon specified site or regional topographical or fire and life
safety conditions.
b.
Notwithstanding the foregoing, no parking space shall be required
for an ADU if:
i.
It is located within one-half mile walking distance of public transit;
ii.
It is located within an architecturally and historically significant
district;
iii.
It is part of a proposed or existing primary residence or accessory
structure;
iv.
When on-street parking permits are required but not offered
to the occupant of the ADU; or
v.
Where there is a car share vehicle located within one block of the
ADU.
17.
Corner lot driveways. Up to two driveways may be on one corner lot
if the site is developed with an ADU, provided that each driveway
is on different sides of the lot, and further provided that the proposed
location for the driveway meets all applicable standards of the city's
Public Works Department. A second driveway may be installed regardless
of whether the driveway leads to a garage.
18.
Porches and landings.
a.
Raised landings. Raised landings and platforms shall only lead into
an exterior entryway of an ADU and shall not exceed 50 inches in depth
nor more than 6 inches in excess of the width of the adjoining doorway.
b.
Porches and patio covers. If an unenclosed covered porch or covered
area will be no more than 200 square feet, will be attached to a detached
ADU, and an entrance to the ADU can be accessed through the porch/covered
area, the covered porch/covered area shall not be required to meet
the requirement of Municipal Code Section 17.400.130.B.2.ato have
at least 1,000 square feet of contiguous open space in the rear yard.
19.
ADU within a new single-family residence.
a.
Within single-family dwelling. On a lot with a proposed single-family
dwelling in a residential or mixed-use zone, up to one detached ADU
may be constructed, or one ADU may be constructed within the single-family
residence. If an ADU is to be constructed within a new single-family
dwelling, such ADU is allowed only if the single-family dwelling complies
with all applicable requirements for single-family residential dwellings
including lot coverage, setbacks, etc.
b.
Second story. If the ADU is located on the upper floor of the new
single-family dwelling, or if the ADU contains a second floor, the
ADU shall also comply with all applicable requirements for single-family
homes including setbacks, lot coverage, etc.
20.
Conversion of structures (including garages). For purposes of determining
whether an ADU is allowed, the development standards for lot coverage,
open space, and setbacks, contained in this Title do not apply to
the following units if they are within a residential or mixed-use
zone. Further, such units may be on any floor of an existing structure.
a.
Single-family unit. On a lot with an existing single-family dwelling
in a residential or mixed-use zone, up to one ADU may be constructed
within the single-family residence or within an accessory structure.
Such ADU must have exterior access and side and rear setbacks sufficient
for fire safety. An expansion of to 150 square feet beyond the same
physical dimensions as the existing accessory structure to accommodate
access to the ADU is allowed.
b.
Multifamily unit. ADUs may be constructed within those portions of
existing lawful multi-family structures that are not used as livable
space (i.e., storage rooms, boiler rooms, passageways, attics, basements,
or garages), provided the spaces meet state building standards for
dwellings. The number of interior ADUs permitted on the lot shall
not exceed 25% of the current number of units of the multifamily complex
on the lot and at least one such unit shall be allowed.
21.
Garage conversions.
a.
Parking. When a garage, carport, or covered parking structure is
demolished for the purpose of allowing a new ADU, the off-street parking
spaces do not have to be replaced.
b.
Demolition. No garage may be demolished without first having obtained
a demolition permit.
c.
Driveway. The existing driveway leading to a garage may remain. The
driveway may only be removed if it is replaced with landscaping or
open space, and the curb cut and driveway apron are removed and replaced
with a curb and gutter which meet city standards.
22.
Conversion of existing primary unit. When a new, larger primary residence
is proposed to be constructed, the entirety of an existing single-family
dwelling may be converted to an ADU if the lot is in a single-family
zone and the converted structure complies with all applicable requirements
of this chapter applicable to single-family homes.
23.
Short-term rentals prohibited. ADUs may not be rented for periods
shorter than 31 days.
24.
Separate sale prohibited. Except as otherwise provided by law (e.g.,
Government Code Section 65852.26), ADUs may not be sold or otherwise
conveyed separate from the primary residence.
25.
Nonconforming. ADUs shall not be required to correct legal nonconforming
zoning conditions as a pre-condition to obtaining authorization to
construct.
26.
Affordability information (RHNA). Applicants shall provide the city
with all information reasonably requested by city to allow the city
to attempt to cause each ADU to qualify as "low-income" housing for
purposes of the Regional Housing Needs Assessment (RHNA).
C.
Junior
Accessory Dwelling Units
1.
Purposes. This section provides standards for the establishment of
JADUs. JADUs will typically be smaller than an ADU, will be constructed
within the walls of an existing or proposed single-family residence,
and requires owner occupancy in the single-family residence where
the unit is located.
2.
Number. No more than one JADU may be on a lot.
3.
Size. A JADU shall not exceed 500 square feet in size. ADUs must
comply with Title 15 of the Municipal Code ("Buildings and Construction")
and any other applicable provisions of the California Building Standards
Code, including minimum permissible sizes for dwellings (typically
220 square feet).
4.
Zone. A JADU must be within a residential or mixed-use zone.
5.
Owner occupancy. The owner of a parcel proposed for a JADU shall
occupy as a primary residence either the primary dwelling or the junior
accessory dwelling. Owner-occupancy is not required if the owner is
a governmental agency, land trust, or "housing organization" as that
term is defined in Government Code Section 65589.5(k)(2), as that
section may be amended from time to time.
6.
Sale prohibited. A JADU shall not be sold independently of the primary
dwelling on the parcel.
7.
Short-term rentals. The JADU shall not be rented for periods of less
than 31 days.
8.
Within residence/attached garage. A JADU shall be entirely within
a single-family residence or an attached garage. If a JADU is within
an attached garage, the lost parking spaces need not be replaced.
9.
Entrances/restrooms. A JADU shall have an exterior entrance separate from the primary dwelling. However, it may share restroom facilities with the primary dwelling. Exterior entryways for JADUs shall follow the provisions for single-family homes in subsection B.6 of Section 17.400.120, as that section may be amended from time to time.
10.
Kitchen requirements. The JADU shall include an efficiency kitchen,
including a food preparation counter and storage cabinets that are
of reasonable size in relation to the size of the JADU.
11.
Parking. No additional parking is required beyond that already required
for the primary dwelling.
12.
Fire protection—Utility service. All JADUs must be connected
to public utilities, or their private equivalent, including water,
electric, and sewer services. For the purposes of any fire or life
protection ordinance or regulation or for the purposes of providing
service for water, sewer, or power, a JADU shall not be considered
a separate or new unit, unless the JADU was constructed in conjunction
with a new single-family dwelling. No separate connection between
the JADU and the utility shall be required for units created within
a single-family dwelling, unless the JADU is being constructed in
connection with a new single-family dwelling.
13.
Deed restriction. Prior to the issuance of a building permit for
a JADU, the owner shall record a deed restriction in a form approved
by the city that includes a prohibition on the sale of the JADU separate
from the sale of the single-family residence, requires owner-occupancy
consistent with subsection C.5 above, does not permit rentals for
periods of less than 31 days, and restricts the size and attributes
of the junior dwelling unit to those that conform with this Section.
14.
Nonconforming. JADUs shall not be required to correct legal nonconforming
zoning conditions as a pre-condition to obtaining authorization to
construct.
15.
Affordability information (RHNA). Applicants shall provide the city
with all information reasonably requested by city to allow the city
to attempt to cause each JADU to qualify as "low-income" housing for
purposes of the Regional Housing Needs Assessment (RHNA).
(Ord. 2572 § 4, 2021)
A.
Intent
and Purpose. The purpose of regulating self-storage facilities is
to ensure compatibility with surrounding properties and to provide
for the quality development of such facilities.
B.
Restrictions
Applicable to All Self-Storage Facilities
1.
All self-storage facilities shall meet all applicable requirements
of the WMC, any other statutes or regulations that govern the storage
of goods and materials, and those set forth herein.
2.
A residential unit for a caretaker/security guard may be allowed
as an accessory use and shall be no larger than 750 square feet and
include no more than one bedroom. This residential unit shall not
be rented and/or leased as a residential unit to anyone other than
the caretaker/security guard. Such residential unit shall be developed
as a part of the self-storage building facility, shall not be located
in the frontage of the development, and shall not be a trailer, mobile
home, or modular unit.
3.
No flammable, explosive, or dangerous materials shall be stored in
any storage unit.
4.
Each storage unit shall be used for storage only. No commercial or
manufacturing activities, vehicle repair or services, or related activities,
whether for business or personal purposes, are permitted in any storage
unit.
5.
No utility services other than electrical lighting shall be provided
to any storage unit.
6.
The rental agreement for each unit shall include the provisions of
the WMC regulating the storage of goods and materials.
C.
Additional
Requirements Applicable to Self-Storage Facilities in the C1 Zoning
District
1.
The site shall have frontage on a major or secondary arterial highway,
as defined in the General Plan Circulation Element. However, the site
shall not have frontage on more than one major or secondary arterial
highway or other public or private street.
2.
The site shall have a minimum depth of 500 feet.
3.
The site shall not exceed a street frontage of 300 feet.
4.
The total area of the site shall not exceed 2-1/2 acres, and the
maximum floor areas for a self-storage facility shall not exceed 100,000
square feet.
5.
The frontage of the site shall be developed with retail, service,
or professional uses allowed in the applicable zone district, and
the self-storage facility shall not be developed unless the required
commercial use is also developed at the same time.
6.
The self-storage facilities shall be no closer than 100 feet from
the street frontage property line.
7.
The commercial development/self-storage facilities shall meet all
minimum landscaping, parking, and other development standards required
for the zone in which it is located. Such minimum landscaping, parking,
and other development standards shall be located within the portion
of the property immediately adjacent to the street and shall not be
part of the self-storage facilities.
8.
The self-storage facilities shall be on the same parcel as the retail,
service, or professional development along the frontage required by
this Section.
9.
The self-storage facilities shall meet all development standards
required for the applicable zone district, including front, rear,
and side setbacks; landscaping; trash disposal areas; and parking,
except as provided for in this Section.
10.
The portions of the self-storage facilities that are within 30 feet
of any residential use shall be no higher than one story (not to exceed
15 feet).
11.
The self-storage facilities shall be separated from the frontage
development by secure walls and/or fences. The walls of a self-storage
building(s) shall be considered a secured wall.
12.
The walls of the self-storage building(s) shall be of a design compatible
with the frontage development.
D.
Additional
Conditions for Self-Storage Facilities. Additional conditions (e.g.,
hours of operation, sign regulations, structure materials, and design)
may be imposed by the applicable review authority as deemed reasonable
and necessary to protect the public health, safety, and general welfare
of the community.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. This Section provides location, development, and operating
standards for service stations in compliance with Article 2, Zoning Districts, Permitted Land Uses, and Zone-Specific Development
Standards.
B.
Allowable
Uses. Service stations shall be limited to the sale of vehicle fuels
and supplying goods and services required in the operation and maintenance
of motor vehicles. These shall include:
1.
Automotive retail sales. The retail sale of batteries, motor fuels,
tires, lubricants, and oils.
2.
Car wash. A car wash as an incidental use, where allowed by Article
2, subject to a Conditional Use Permit.
3.
Vehicle repairs. Incidental minor repairs, including brake, lubrication, tire, and tune-up service, shall be conducted entirely within an enclosed structure in compliance with the standards in Section 17.400.170, Vehicle Repair Facilities, and where allowed by Article
2, subject to a Conditional Use Permit.
4.
Convenience store. A new or existing service station may include
an onsite convenience store as an accessory use, where allowed by
Article 2, subject to a Conditional Use Permit.
5.
Service station.
a.
Service station shall also include, when conducted within the service
station building, the servicing of fuel pumps, fuel lines, mufflers,
exhaust pipes, grease retainers, wheel bearings, universal joints,
repairing of carburetors, tires, electrical wiring, brakes, flushing
of carburetors, steam cleaning, and washing, except automatic and
self-service washing.
b.
Service station shall also include, when conducted within the service
station building, the overhaul of engines, differentials and transmissions;
provided, that said repair shall only constitute an incidental part
of the service station operation, and shall not be obnoxious or offensive
by reason of emission of odor, smoke, noise or vibration.
c.
Service station shall specifically exclude all painting, body and
fender repair, welding, tire recapping, vehicle storage, equipment
rental, and the display of items not incidental or related to motor
vehicles, with the exception of items displayed in connection with
a food market.
D.
Operational
and Development Standards. All service stations shall comply with
the following operational and development standards:
1.
No vehicle rental activities shall be conducted on the service station
site.
2.
All outdoor/open storage of materials shall be subject to the provisions established in Chapter 17.540, Temporary Use, Temporary Event
Permits.
3.
Service stations.
a.
Landscaping. Planter areas and tree wells shall be constructed and
equipped with irrigation facilities and landscaped prior to final
building inspection. The landscaping plan shall be approved by the
Director.
b.
Walls. Where adjacent to developed residential property, or separated
from a residential property by an alley, a 6-foot-high masonry wall,
stepped down to 36 inches within 20 feet of the front property line,
shall be constructed. The height of the wall shall be measured from
the highest finished or existing grade level of the service station
site and abutting properties. Where the development of adjacent property
is undetermined, a bond may be posted in lieu of constructing the
wall until a building permit is issued for the improvement of the
adjacent property.
c.
The provisions contained in this code governing signs shall apply;
provided, that all signs shall be prohibited within the area between
the street side property lines and the pump islands, including that
area which is a prolongation of an imaginary line running parallel
with the street face of the pump islands.
d.
Any lights to illuminate or advertise the service station shall be
directed away from streets and adjacent residential properties.
e.
The regulations contained in this code pertaining to service stations
shall apply to the storage and display of new and used merchandise;
provided, that no outside display of any kind shall be located within
the area between the street side property lines and the pump islands,
including that area which is a prolongation of an imaginary line running
parallel with the street face of the pump islands.
f.
A solid, masonry wall 5 feet high shall protect from public view
a minimum trash storage area 5 feet by 7 feet and of sufficient dimensions
to contain accumulation of trash, and shall be located so that such
area shall not interfere with motor vehicle circulation on the premises.
g.
No vehicles shall be parked or stored upon the premises, except vehicles
being serviced, vehicles of employees, or service vehicles used in
the operation of the station.
4.
Convenience store. Convenience stores operated in connection with
any service-station business are subject to the minimum standards
listed below if off-sale of alcoholic beverages is proposed. When
permission is denied or conditional permission is given, written findings
based on substantial evidence, in view of the whole record to justify
the decision, shall be provided by the Commission.
a.
The market shall have a minimum of 1,200 square feet of gross floor
area.
b.
The display area devoted to alcoholic beverages shall not exceed
25 percent of the total display area of the market.
c.
No sale of alcoholic beverages shall be permitted from the pump islands
or from any drive-up or walk-up window.
d.
No external signs or window advertising for alcoholic beverages shall
be displayed in such a manner as to be visible from the exterior of
the building.
e.
No amusement devices shall be allowed on the premises.
E.
Site
Maintenance. All service stations shall comply with the following
maintenance standard: driveways and service areas shall be maintained
and kept free of oil, grease, and other petroleum products in addition
to litter. These areas shall be periodically cleaned with equipment
that dissolves spilled oil, grease, and other petroleum products without
washing them into the drainage, gutter, and sewer system.
F.
Additional
Conditions. Additional conditions (e.g., hours of operation, sign
regulations, structure materials, and design) may be imposed by the
applicable review authority as deemed reasonable and necessary to
protect the public health, safety, and general welfare of the community.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. This Section provides development standards for Small
Lot Subdivisions in compliance with Article 2, Zoning Districts,
Permitted Land Uses, and Zone-Specific Development Standards, and as defined in Article 7, Definitions. Small
Lot Subdivisions are intended as urban infill development on undeveloped
land or on land to be redeveloped (removal of existing structures
and the development of new structures).
B.
Maximum
Density. The allowed maximum density of a Small Lot Subdivision shall
not exceed the allowed density of the zoning district in which it
is located.
C.
Development
Standards. A Small Lot Subdivision shall be subject to the development
standards of the WMC, all other applicable regulations and statutes
and the additional standards provided in Table 4-2.
|
Table 4-2
Small Lot Subdivision
| |
|---|---|
|
Development Feature
|
Requirement
|
|
Minimum Building Site or Lot Size
|
3,100 SF (3,400 SF average)
|
|
Minimum Lot Frontage
|
40 feet
|
|
Cul-de-sac and knuckle
|
30 feet
|
|
Maximum Height
| |
|
Accessory Structures
|
15 feet
|
|
Dwellings
|
30 feet; maximum 2 stories except 3rd level permitted if less
than 500 SF
Minimum 5/12 roof pitch
No decks above the second story
|
|
Minimum Setbacks1
| |
|
Front
| |
|
Covered Porches (unenclosed)
|
10 feet
|
|
Dwelling
|
15 feet plus offsets in front façade
|
|
Garage
|
20 feet
|
|
Upper Story
|
Upper story setback shall be varied
|
|
Side
|
8 feet aggregate, minimum 3 feet
0 feet permitted with minimum 8 feet on other side
|
|
Street Side
|
10 feet; includes minimum 4 feet landscape lettered lot (6 feet
between building and property line)
|
|
Rear
| |
|
Dwelling
|
15 feet; 50% of building width may be at 13 feet
|
|
Garage
|
3 feet; 0 feet if garage is designed to back to another garage
|
|
Maximum Lot Coverage
|
50% plus 5% for covered porches, patio covers, balconies
|
|
Maximum Floor Area Ratio (FAR)
|
0.7
|
|
Minimum Interior Garage Dimension (width x depth)
|
Per Section 17.320.030(B), Parking Space and Lot Dimensions, for residential parking spaces
|
|
Minimum Building Separation to Accessory Building
|
6 feet
|
|
Open Space
| |
|
Common recreational area (project)
|
Projects of 20 units or more:
150 square feet per unit; minimum 5,000 square feet in size;
minimum 50-foot dimension
Projects less than 20 units:
Minimum 600 square feet of private and/or common area per unit.
Private open space excludes side and front yard setback areas. Common
open space requires minimum 10-foot dimension
|
|
Required Parking
|
Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 17.320, Off-Street Parking and Loading. In addition, a minimum 1 on-street space per unit for guest/visitor parking shall be provided
|
|
Street Sections
| |
|
Streets
|
The City shall review all proposed street sections upon submittal
of the tentative map and development review applications
Minimum curb to curb width, subject to the review and approval
of the City's Public Works Department and Orange County Fire Authority.
On-street parking shall be provided on both sides of the street
|
|
Sidewalks/Parkways
|
Sidewalks shall be provided on both sides of the street.
Minimum 6-foot landscape parkways may be provided on both sides
of the street. Sidewalk widths shall be designed to Public Works Standards
|
|
Walls and Fences
|
Decorative block walls are required along the perimeter of the
project. The City may approve the use of wrought iron elements where
appropriate
|
|
Landscaping
|
Tree wells adjacent to landscape parkways on the street side
of curb is encouraged, however shall not encroach into the minimum
24-foot wide drive aisle
|
|
Notes:
| |
|---|---|
|
1
|
Additional setbacks may be required subject to the review of
the Building Division and/or Orange County Fire Authority.
|
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011)
A.
Intent
and Purpose. The purpose of regulating studios, as defined in Article
7, Definitions, is to safeguard the health, safety,
and general welfare of individuals, and ensure compatibility with
surrounding properties.
B.
Operational
Restrictions. All studios, as defined in Article 7, Definitions, shall comply with the following:
(Ord. 2456 § 2, 2010)
A.
Intent
and Purpose. The purpose of regulating tattoo parlors and dermatography
studios, as defined in Article 7, is to ensure compatibility with
surrounding properties and to provide for the quality development
of such facilities.
B.
Restrictions
Applicable to All Tattoo Parlors and Dermatography Studios
1.
The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m.
daily.
2.
The business shall not have opaque front windows and shall not have
private workstations, in order to maintain adequate interior visibility.
3.
A police permit shall be obtained for the tattoo parlor or dermatography
studio, and for each tattoo artist or dermatography artist.
4.
A tattoo parlor, dermatography studio, tattoo artist, or dermatography artist shall comply with the requirements of Chapter 8.10 of the WMC.
5.
No person under the age of 18 shall enter upon the premises of a
tattoo parlor or dermatography studio for the purpose of obtaining
a tattoo unless in the company of said person's biological or adoptive
parent or legal guardian. The premises shall have signs posted in
at least 2 prominent locations, with black letters at least 1-inch
high on a white background, which shall read: "NO PERSON UNDER THE
AGE OF 18 SHALL BE PERMITTED ON THESE PREMISES UNLESS ACCOMPANIED
BY A PARENT OR GUARDIAN."
6.
Any business that is not a tattoo parlor or dermatography studio,
but employs or contracts with a tattoo artist or dermatography artist
to provide skin markings and adornments to its customers, shall for
the purposes of these requirements be considered as a tattoo parlor
or dermatography studio. An exception shall be made for any California-licensed
cosmetologist who provides facial tattooing only as a part of a complete
regimen of cosmetology services.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. This Section provides location, development, and operating
standards for temporary storage containers, in compliance with Article
2, Zoning Districts, Permitted Land Uses, and Zone-Specific
Development Standards.
B.
Applicability.
The temporary placement of outside storage container(s) may be permitted
for individual retail businesses within the C2 zoning district having
a minimum 100,000 square feet of permanent gross building floor area
on one site.
C.
Development
Standards for Temporary Storage Containers
1.
Time period. A permit may be approved, pursuant to the requirements
of this Section, by the Division for a maximum duration of up to 90
consecutive days.
2.
Permit required. After approval of a permit for a Development Review,
temporary outside storage container(s) are permitted as long as such
containers are used, placed, and kept in compliance with other applicable
sections of the WMC, in compliance with the requirements of this Section,
and only according to the limitations of the issued permit. No other
storage container(s) are allowed and no storage container(s) are allowed
without a permit.
3.
Placement on-site. Storage container(s) may only be placed on the
same site where the retail business that applied for such permit is
located and must be situated in close proximity to the business and
the primary access door on the rear of the building that will be used
to access the items stored in the temporary storage container(s).
4.
Permitted dimensions. Storage container(s) shall not exceed a height
of 8 feet 6 inches, a width of 8 feet 6 inches, or a length of 40
feet. Storage containers may not be stacked on top of each other.
5.
Permitted number. A maximum of 8 temporary storage containers may
be permitted on a site at any time.
6.
Placement on excess parking spaces. Storage container(s) shall be
located in the parking area of the retail building only, in which
on-site parking provided exceeds parking required by the WMC. The
storage container(s) shall not be permitted in required parking stalls.
7.
Placement on paved surface. Storage container(s) shall be placed
only on a paved parking lot surface. Storage container(s) may not
be placed in landscape planters, nor shall landscaping be removed
or damaged to install storage container(s).
8.
Emergency access. Storage container(s) must be placed in a location
that does not impact circulation or emergency access. A 25-foot, 2-way
drive aisle shall be maintained at all times. Storage container(s)
shall maintain the minimum fire department clearances for drive aisles,
fire lanes, and building exits at all times.
9.
Screened from visibility. Storage container(s) shall be placed in
such a way on the site to minimize visibility from public right-of-way,
and shall be restricted to the rear of the building, with screening
provided by screen walls, landscaping and/or surrounding buildings
as appropriate.
10.
Separation from residential land uses. Storage container(s) shall
be placed a minimum of 25 feet from any adjacent residential property
line.
11.
Exterior paint. Storage container(s) shall be painted a color similar
to or matching the primary color of the adjacent building. Graffiti
shall be removed within 24 hours of any storage container(s) that
is defaced.
12.
Exterior maintenance. The area surrounding storage container(s) shall
be maintained in a clean and orderly manner at all times, and no merchandise,
shelving, or other items shall be stored outside the container(s).
13.
Advertising. The placement of signs, advertising copy, banners, or
any other advertising device is prohibited on storage container(s).
14.
Lighting and electrical. All lighting used inside or outside storage
container(s) shall be designed and located to confine light to the
storage container(s) or the immediate area. Electrical permits shall
be obtained as required, and no other electrical devices may be used
other than lighting as allowed in this Section.
15.
Use limited to temporary storage. Storage container(s) may only be
used for the temporary storage of merchandise, inventory, shelving,
displays, or other incidental items related to the operation of the
retail business. Business or sale of merchandise may not be conducted
directly from storage container(s). Storage container(s) may not be
used for habitable space, office, or as a meeting area, and shall
be kept closed and secured at all times other than when items are
being moved in or out of the storage container(s).
16.
Restoration of site. Storage container(s) shall be placed on the
site in such a manner as to prevent damage to the pavement surface.
Remedial property maintenance may be required upon termination of
the use to restore the site to its original condition, including,
but not limited to, the repair of the pavement surface, removal of
debris from the immediate and adjacent areas, building or wall repairs,
or landscape refurbishment. Such repairs shall be completed within
14 days of the cessation of the approved period of use and shall be
the responsibility of the permittee.
17.
Determination. The Division shall review the complete application for a temporary site plan. The decision will be to deny, approve, or approve with conditions, in addition to those conditions described herein, including conditions for a duration or number of containers that is less than requested. Such administrative decisions may be appealed to the Commission in the manner prescribed under Chapter 17.640, Appeals.
18.
Noncompliance determined to be a nuisance. Any storage container(s)
not in compliance with the provisions of this Section is hereby found
and declared to be a public nuisance and violation of the provisions
of this Section shall be a misdemeanor. The City attorney is hereby
authorized to proceed by all appropriate legal proceedings to enjoin
and/or prosecute the continued use of storage containers not in compliance
with this Section.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
A.
Purpose
and Intent. New commercial, industrial, and mixed-use development,
including employment centers of 100 persons or more, may adversely
impact existing transportation and parking facilities, resulting in
increased motor vehicle emissions, deteriorating levels of service,
and possibly significant additional capital expenditures to augment
and improve the existing transportation system. In order to utilize
the existing and planned transportation system more efficiently and
to reduce vehicle emissions, it is the policy of the City to:
1.
Reduce the number of peak period vehicle trips generated in association
with additional development;
2.
Promote and encourage the use of alternative transportation modes
such as ridesharing, carpools, vanpools, public bus and rail transit,
bicycles and walking, as well as those facilities that support such
modes;
3.
Achieve related reduction in vehicle trips, traffic congestion, and
public expenditure and achieve air quality improvements through utilization
of existing local mechanisms and procedures for public review and
permit processing;
4.
Promote coordinated implementation of strategies on Countywide basis
to reduce transportation demand;
5.
Achieve the most efficient use of local resources through coordinated
and consistent regional and local Transportation Demand Management
(TDM) programs.
B.
Applicability.
1.
This Section shall apply to all new nonresidential development projects
that are estimated to employ a total of 100 or more persons as determined
by the methodology set forth in subsection B.2.
2.
For purposes of determining whether a new nonresidential development
project is subject to this Chapter, the total employment figure shall
be determined as follows:
a.
Employment projects developed by the project applicant, subject to
approval by the Director; or
b.
Employment projects developed by the Director using the following
employee generation factors by type of use:
|
Land Use Category
|
Gross Square Footage Per Employee
|
|---|---|
|
Commercial
|
500
|
|
Office/Professional
|
250
|
|
Motel
|
0.8 - 1.2 per room
|
|
Industrial
|
525
|
The employment projection for a development of mixed
or multiple uses shall be calculated on a case-by-case basis upon
the proportion of development devoted to each type of use.
C.
Definitions.
Please refer to Article 7 for definitions of terms utilized in this
Section.
D.
Development
Standards. All applicable developments shall be reviewed to determine
whether application of each of the development standards specified
in this Section is appropriate. This determination, and any revisions
to requirements within each standard, shall be made by the Director
or the Commission in cases where a public hearing is required, based
upon review of the design characteristics and other features of the
project as specified in the project site plan. Improvements needed
to meet those standards shall be incorporated into the project site
plan.
1.
Preferential parking for carpool vehicles.
a.
At least 15 percent of the employee parking spaces shall be reserved
and designated for carpool vehicles by marking such spaces "Carpool
only."
b.
Carpool spaces shall be used only by carpool vehicles in which at
least two of the persons will be employees or tenants of the proposed
project, or where a reciprocal preferential carpool parking agreement
with other developments has been established with the approval of
the Director.
c.
Such carpool spaces shall be located near the building's employee
entrance(s) or at other preferential locations within the employee
parking areas as approved by the Director.
d.
The intent of this Section is not to preclude parking arrangements
for visitors and handicapped but to provide preferential carpool parking
within the general employee parking areas. The factors listed below
shall be used to determine the number of employee parking spaces.
e.
The total number of employee parking spaces shall be determined by using the following factors by type of use as specified in Chapter 17.320, Off-Street Parking and Loading:
|
Type of Use
|
Percent Total Parking Devoted to Employee Parking
|
|---|---|
|
Commercial
|
30 percent
|
|
Office/Professional
|
85 percent
|
|
Industrial
|
90 percent
|
|
Motel
|
10 percent
|
2.
Bicycle parking and shower facilities.
a.
Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who commute to the worksite by bicycle. The number of facilities/racks to be provided shall be at the rate of at least 5 racks and lockers for every 100 employees or fraction thereof. Where the provisions of this Section conflict with the provisions of Section 17.320.040, Bicycle Parking, the provision requiring the greater number of bicycle parking facilities
shall prevail.
b.
A shower and locker-room facility for employees of each sex shall
be provided in each building of 100,000 or more gross square feet.
For any development containing 100,000 or more total combined gross
square feet, but which does not contain any single building of 100,000
or more gross square feet, the Director or Commission may require
such development to provide shower and locker room facilities in a
convenient and accessible location for use by employees of all tenants.
3.
Information on transportation alternatives.
a.
A transportation information center shall be provided within each
building of over 25,000 square feet. This area shall be centrally
located and accessible to all employees or tenants.
4.
Bus stop improvements.
a.
Bus stop improvements, including bus pullouts, bus pads, and right-of-way
for bus shelters, shall be required for all applicable developments
located along high traffic volume streets and established bus routes.
c.
Bus stop locations shall be determined in conjunction with the Orange
County Transportation Authority.
5.
Pedestrian access. Sidewalks or other paved pathways following direct
and safe routes from the external pedestrian circulation system to
each building in the development shall be provided.
6.
Modifications to approved standards. No developer, tenant, or employer,
separately or collectively, shall modify or cause to be modified any
standard approved for a specified development project in accordance
with this Section without first having submitted the proposed modification
to the Director for review and approval. Any proposed modification
shall be accompanied by detailed information and drawings which, in
the judgment of the Director, are sufficient to enable the Director
to find that conditions or circumstances pertaining to the development
have changed to a degree that justifies the modification. Any major
modification shall be approved in the same manner as the original
development project.
(Ord. 2456 § 2, 2010)
A.
Purpose
and Intent. This Section provides location, development, and operating
standards for vehicle repair facilities, in compliance with Article
2, Zoning Districts, Permitted Land Uses, and Zone-Specific
Development Standards.
B.
Operational
Standards. All vehicle repair facilities shall comply with the following
operational standards:
1.
All work shall be performed within a fully enclosed structure.
2.
All structures shall be sufficiently soundproofed to prevent a disturbance or a nuisance to the surrounding properties, in compliance with Chapter 8.28, Noise Control, of the WMC.
3.
Vehicle parking or loading and unloading shall only occur on-site
and not in adjoining public streets or alleys.
4.
Vehicles shall not be stored at the site for purposes of sale (unless
the use is also approved as a vehicle sales lot).
5.
Location and display of accessories, batteries, and tires for sale
shall be on or within 3 feet of the main structures exterior.
6.
No vehicle rental activities shall be conducted on the vehicle repair
shop (unless the use is also approved as a vehicle rental lot).
7.
All outdoor/open storage of materials shall be limited to a maximum
area of 150 square feet and shall be enclosed by a 6-foot high solid
decorative masonry wall, subject to the approval of the Director.
C.
Development
Standards. All vehicle repair shops shall comply with the following
development standards.
1.
All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed to ensure that all light, including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with Section 17.300.040, Outdoor Lighting.
2.
All body-damaged or wrecked vehicles awaiting repair shall be effectively
screened so as not to be visible from surrounding properties of the
same elevation as determined by the Planning Manager.
3.
Overhead bay doors shall be oriented away from the street frontages
and any abutting residentially zoned property,
D.
Additional
Conditions. Additional conditions (e.g., hours of operation, sign
regulations, structure materials, and design) may be imposed by the
applicable review authority as deemed reasonable and necessary to
protect the public health, safety, and general welfare of the community.
(Ord. 2456 § 2, 2010)
A.
Purpose.
This Section provides development and operating standards for wireless
facilities in compliance with Article 2, Zoning Districts,
Permitted Land Uses and Zone-Specific Development Standards. These requirements are in addition to any other applicable legal requirements, including those within Municipal Code Section 17.400.177, Wireless Telecommunications Facilities in the Public Right-of-way.
B.
Design
Standards
1.
Setback requirements. All wireless communication facilities subject
to the provisions of this Section shall meet the setback requirements
for a building in the zoning district in which it is located.
2.
Maximum height. All wireless communication facilities subject to
the provisions of this Section shall meet the maximum height requirements
of the zoning district in which each is located. If a zoning district
has no maximum height, the maximum height for a wireless communication
facility shall be 35 feet or the height of the highest structure on
the same site as the proposed facility, whichever is higher.
3.
Stealth facility. A stealth facility shall be located and designed
to minimize its appearance as a wireless communication facility including,
but not limited to, the following stealth techniques to camouflage,
disguise and/or blend into the surrounding environment, as appropriate:
a.
A stealth facility shall be designed and constructed in a scale substantially
in conformity with and/or architecturally integrated with surrounding
building designs or natural settings, so as to be visually unobtrusive.
b.
A stealth facility mounted on structures or on architectural details
of a building shall be externally treated to substantially match existing
architectural features and colors found on the building or structure(s).
Façade-mounted wireless communication facilities shall be integrated
into the building's architecture through design, color, and texture.
c.
Roof-mounted stealth facilities shall be on an area of the roof where
the visual impact is minimized and shall be screened from view as
required by the zone in which the facility is being placed. Roof screening
shall meet the requirements of this Title for such screening and shall
be consistent in design, color, texture, and materials with any existing
mechanical screening and the design of the building on which the stealth
facility is located, to the extent that such design or materials do
not affect the performance of the wireless facility. The screening
shall be contiguous with and connected to any existing rooftop screening,
when appropriate, as well as connected to the roof pursuant to the
requirements of this Title, as required by the zoning district in
which the facility is being placed.
d.
Aboveground and partially buried stealth facilities shall be screened
from surrounding properties and surrounding areas open to the general
public, including public rights-of-way, when there exists a visual
aesthetic impact. Any visible portion of such stealth facilities shall
be externally treated to be substantially architecturally compatible
with surrounding structures and/or screened using appropriate techniques,
including landscaping, to camouflage, disguise, and/or to blend into
the environment. Applicants for wireless facilities shall endeavor
to locate such facilities in an area that will be least visible from
surrounding properties and public places, including public rights-of-way.
4.
Colors and materials. Unless otherwise required by a stealth facility
design, all wireless communication facilities shall meet the following
color and materials criteria:
a.
The visible, exterior surfaces of wireless communication facilities
shall be constructed out of and/or covered by nonreflective materials.
b.
The colors and materials for wireless communication facilities, their
equipment, and any other appurtenances shall minimize the visibility
of the wireless communication facility. Facilities that will be primarily
surrounded by or viewed against soils, trees, or grasslands shall
be painted colors reasonably matching these landscapes.
5.
Landscaping. Unless otherwise required by a stealth facility design,
all wireless communication facilities shall meet the following landscape
requirements:
a.
All ground-mounted wireless communication facilities and related
equipment shall be screened by landscaping when there exists a visual
impact from the proposed facility. Existing on-site vegetation shall
be preserved intact or improved.
b.
All landscaping shall meet the landscaping requirements of the zoning
district in which the facility is located. Additional landscaping
may be required by the City if such additional landscaping is necessary
to meet the requirements of this Section.
6.
Signs and advertising. Unless co-located and an integral part of
a sign approved pursuant to this Title or approved under the appropriate
design review level incorporating a sign identifying the City or on
a publicly-owned facility, wireless communication facilities shall
not bear any signs or advertising devices other than certification,
warning, or other legally required seals or signage.
C.
Maintenance.
The wireless communications facility operator and/or property owner
shall be responsible for maintaining the facility in an appropriate
manner to maintain compliance with the requirements of this Section.
Maintenance shall include the general upkeep of the facility, which
includes, but is not limited to, general cleaning of the facility,
keeping the facility painted in an appropriate manner, keeping bird
nests and other similar items cleared from the antenna area, and removing
any built-up dirt, litter, or debris from the facility.
D.
Abandonment.
All approvals for wireless communication facilities shall be in effect
only while the facilities are being operated on a continual basis.
When a wireless communication facility is replaced or its use is discontinued
for a period of 6 months and there is no active permit application
pending for re-use of the facility, the approvals granted pursuant
to this Section will lapse, and the operator and/or property owner
shall be required to facilitate the immediate removal of the facility
and all associated equipment and shall restore the property to its
original or an otherwise acceptable condition, subject to the approval
of the Director.
E.
Noncompliance
Determined to be a Nuisance. The installation, after the effective
date of the ordinance codified in this Article and/or the use of any
wireless communication facility installed after the effective date
of the ordinance codified in this Article within the City that is
in violation of any of the terms of this Article is found and declared
to be a public nuisance and a misdemeanor. The City attorney is authorized
to proceed by all appropriate legal proceedings to enjoin and/or prosecute
the continued operation of such nuisance.
F.
Applicability
of Other Legal Requirements. The requirements of this Section shall
not be construed in any way to be an exemption of, or otherwise excuse
any person from obtaining any approval or permit or otherwise complying
with any applicable State or Federal law or with any other provisions
of this Title. A building permit is required for installation of antenna
towers, poles, or attachments thereto. The applicant shall submit
a site plan, manufacturer's specifications, structural analysis of
the support members, braces and footings, or equivalent design date.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2557 § 2, 2019)
A.
Purpose
1.
The purpose and intent of this Section is to provide a uniform and
comprehensive set of zoning regulations and standards for the permitting,
development, siting, installation, design, operation and maintenance
of wireless telecommunications facilities in the City's public right-of-way.
These regulations are intended to prescribe clear and reasonable criteria
to assess and process applications in a consistent and expeditious
manner, while reducing the impacts associated with wireless telecommunications
facilities. This Section provides standards necessary: (a) for the
preservation of the public right-of-way in the City for the maximum
benefit and use of the public; (b) to promote and protect public health
and safety, community welfare, visual resources and the aesthetic
quality of the City consistent with the goals, objectives and policies
of the General Plan; and (c) to provide for the orderly, managed and
efficient development of wireless telecommunications facilities in
accordance with the State and Federal laws, rules and regulations.
2.
This Section is intended to supplement the requirements of Chapter 12.38, Telecommunications Carriers, and Section 17.400.175, Wireless Communication Facilities.
3.
This Section is to be administered by the Public Works Department, which has the authority to issue ministerial telecommunications permits and discretionary administrative wireless telecommunications permits. (See subsection B, which defines "Director" for purposes of this Section.) The Planning Commission has the authority to issue major wireless telecommunication facility permits.
B.
"Accessory equipment"
"Antenna"
"Cellular"
"Code"
"Collocation"
"Director"
"Facility(ies)"
"Ground-mounted"
"Located within public right-of-way"
"Modification"
"Monopole"
"Mounted"
"Pole"
"Sensitive uses"
"Small wireless facility"
"Telecommunication tower"
"Utility pole"
"Wireless telecommunications facility, facility or facilities"
"Wireless telecommunications services"
Definitions. For purposes of this Section 17.400.177 only, the following definitions apply:
means any equipment associated with the installation of a
wireless telecommunications facility, including, but not limited to,
cabling, generators, fans, air conditioning units, electrical panels,
equipment shelters, equipment cabinets, equipment buildings, pedestals,
meters, vaults, splice boxes, and surface location markers.
means that part of a wireless telecommunications facility
designed to radiate or receive radio frequency signals.
means an analog or digital wireless telecommunications technology
that is based on a system of interconnected neighboring cell sites.
means the Westminster Municipal Code.
means the mounting or installation of transmission equipment
on an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communication purposes.
means the Director of Public Works, or designee. For purposes of this Section 17.400.177 only, all references in Chapter 17.630 to the "Director" shall be interpreted as references to the Director of Public Works, or designee.
means wireless telecommunications facilities.
means mounted to a telecommunications tower.
includes any facility which in whole or in part, itself or
as part of another structure, rests upon, in, over or under the public
right-of-way.
means a change to an existing wireless telecommunications
facility that involves any of the following: collocation, expansion,
alteration, enlargement, intensification, reduction, or augmentation,
including, but not limited to, changes in size, shape, color, visual
design, or exterior material. "Modification" does not include repair,
replacement or maintenance if those actions do not involve a change
to the existing facility involving any of the following: collocation,
expansion, alteration, enlargement, intensification, reduction, or
augmentation.
means a structure composed of a pole or telecommunications
tower used to support antennas or related equipment. A monopole also
includes a monopine, monopalm and similar monopoles camouflaged to
resemble faux trees or other faux objects attached on a monopole (e.g.,
water tower).
means attached or supported.
means a single shaft of wood, steel, concrete or other material
capable of supporting the equipment mounted thereon in a safe and
adequate manner and as required by provisions of this Code.
means any residential use, public or private school, day
care, playground, and retirement facility.
shall have the same meaning as set forth in 47 C.F.R. § 1.6002,
as that Section may be amended from time to time.
means a freestanding mast, pole, monopole, guyed tower, lattice
tower, free standing tower or other structure designed and primarily
used to support wireless telecommunications facility antennas.
means any pole or tower owned by any utility company that
is primarily used to support wires or cables necessary to the provision
of electrical or other utility services regulated by the California
Public Utilities Commission.
mean any facility that transmits and/or receives electromagnetic
waves. It includes, but is not limited to, antennas and/or other types
of equipment for the transmission or receipt of such signals, telecommunications
towers or similar structures supporting such equipment, related accessory
equipment, equipment buildings, parking areas, and other accessory
development.
|
Exceptions: The term "wireless telecommunications facility"
does not apply to the following:
| |
|
1.
|
A telecommunications facility that is both owned and operated
by a governmental entity where the Director determines enforcing the
requirements of this Section are against the public interest.
|
|
2.
|
Mobile services providing public information coverage of news
events of a temporary nature.
|
|
3.
|
Any wireless telecommunications facilities exempted from this
Code by Federal law or State law.
|
means the provision of services using a wireless telecommunications
facility or a wireless telecommunications collocation facility, and
shall include, but is not limited to, the following services: personal
wireless services as defined in the Federal Telecommunications Act
of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute,
cellular service, personal communication service, and/or data radio
telecommunications.
C.
Applicability
1.
Applicability. This Section applies to the siting, construction or
modification of any and all wireless telecommunications facilities
proposed to be located in any portion of the public right-of-way as
follows:
a.
All facilities for which applications were not approved prior to
04/01/2019 shall be subject to and comply with all provisions of this
Section.
b.
All facilities for which applications were approved by the City prior to 04/01/2019 shall not be required to obtain a new or amended permit until such time as a provision of this Code so requires. Any wireless telecommunication facility that was lawfully constructed prior to 04/01/2019 that does not comply with the standards, regulations and/or requirements of this Section, shall be deemed a nonconforming use and shall also be subject to the provisions of subsection U of this Section.
c.
All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this Section governing the operation and maintenance (subsection L) cessation of use and abandonment (subsection O), removal and restoration (subsection P) of wireless telecommunications facilities and the prohibition of dangerous conditions or obstructions by such facilities (subsection M); provided, however, if a condition of approval conflicts with a provision of this Section, the condition of approval shall control until the permit is amended or revoked.
d.
Exclusions . This Section does not apply to any entity legally entitled
to an exemption from these zoning requirements pursuant to State or
Federal law.
D.
Wireless
Telecommunications Facility Permit Requirements. All new wireless
facilities or collocations or modifications to existing wireless facilities
shall require the issuance of either a Ministerial Wireless Telecommunications
Facilities Permit, a Discretionary Administrative Wireless Telecommunications
Facilities Permit, or a Major Wireless Telecommunication Facility
Permit.
1.
Ministerial Wireless Telecommunications Facilities Permit. Notwithstanding subsection Q ("Exceptions for Effective Prohibitions"), the Director shall approve a Ministerial Wireless Telecommunications Permit for a small wireless facility if all of the following apply:
a.
The facility will comply with all applicable laws, including, but
not limited to:
i.
The Americans with Disabilities Act;
ii.
All building and safety requirements, including those within the
California Building Standards Code, as amended by the City;
iii.
All requirements of the Federal Communications Commission (FCC),
including requirements relating to radio-frequency (RF) emissions
and limits on interference.
iv.
The most recent version of the City's wireless design standards,
as approved by the City Council by resolution, after recommendation
(for or against) by the Planning Commission.
b.
The proposed facility will be installed on an existing or replacement
pole that meets all of the following requirements:
i.
The pole does not support a traffic control device (examples include
stop signs and traffic signals);
ii.
The facility will match the design of the pole; and
iii.
If feasible, all equipment installed on the pole will be the
same color as the pole; and
iv.
If the pole will be replacing an existing pole, the new pole will
be within 3 feet of the pole that is being replaced.
v.
No electric meter shall be installed onto the pole.
c.
Either: (i) the City has issued all required encroachment permits
and entered into any required franchise agreement(s); or (ii) it is
a condition of the issuance of the permit that no construction begin
in reliance on this permit until the City has issued all required
encroachment permits and entered into any required franchise agreement(s).
d.
All accessory equipment is housed in a container which is either:
f.
Neither a discretionary Wireless Telecommunications Facilities Permit
nor a Major Wireless Telecommunications Permit is required.
2.
Discretionary Administrative Wireless Telecommunications Facility
Permit.
a.
The Director may issue a discretionary Administrative Wireless Telecommunications
Facility Permit for new, modified, or collocated facilities that meet
all the following criteria:
b.
The Director may, in the Director's discretion, refer any application
for an Administrative Wireless Telecommunications Facility Permit
to the Planning Commission for approval.
c.
If the Director determines that any application submitted for a discretionary
Administrative Wireless Telecommunications Facility Permit does not
meet the criteria of this Code, without a hearing, the Director shall
convert the application to a Major Wireless Telecommunications Facility
Permit application and refer it to the Planning Commission.
3.
Major Wireless Telecommunications Facility Permit required. A Major
Wireless Telecommunications Facility Permit may be issued for any
proposed wireless telecommunications facility.
All new wireless facilities or collocations or modifications to existing wireless facilities shall require a Major Wireless Telecommunication Facility Permit subject to Planning Commission approval unless otherwise provided for in this Section. The Planning Commission may refer a Major Wireless Telecommunications Facility Permit to the City Council for approval. See subsection F, below, regarding review procedures.
4.
Master Deployment Plan Permit.
a.
Any applicant that seeks approval of 5 or more wireless telecommunications
facilities may elect to submit an application for a Master Development
Plan Permit, or may apply separately for each permit, unless otherwise
prohibited by law. The proposed facilities in a Master Development
Plan shall be reviewed together at the same time and subject to the
same requirements and procedures applicable to a Major Wireless Telecommunications
Facility Permit.
b.
A Master Development Plan Permit shall be deemed an approval for
all wireless telecommunications facilities within the plan; provided,
however, that an individual encroachment permit shall be required
for each wireless communications facility.
c.
After the approval of a Master Development Plan Permit, any deviations
or alterations from the approved plan for an individual wireless telecommunications
facility shall require either a Major Wireless Telecommunications
Facility Permit or an Administrative Wireless Telecommunications Facility
Permit, as applicable.
d.
Other permits required. In addition to any permit that may be required
under this Section, the applicant must obtain all other required prior
permits or other approvals from other City departments, or State or
Federal agencies. Any permit granted under this Section is subject
to the conditions and/or requirements of other required permits or
other approvals from other City departments, State or Federal agencies.
e.
Eligible applicants. Only applicants who have been granted the right
to enter the public right-of-way pursuant to State of Federal law,
or who have entered into a franchise agreement with the City permitting
them to use the public right-of-way, shall be eligible for a permit
to install or modify a wireless telecommunications facility or a wireless
telecommunication collocation facility in the public right-of-way.
f.
Speculative equipment prohibited. The City shall not approve any
equipment or other improvements in connection with a Wireless Telecommunications
Facility Permit when the applicant does not actually and presently
intend to install such equipment or construct such improvements.
E.
Application
for Wireless Telecommunications Facility Permit
1.
Application.
a.
Application form. In addition to the information required of an applicant
for an encroachment permit or any other permit required by this Code,
each applicant requesting approval of the installation or modification
of a wireless telecommunications facility in the public right-of-way
shall fully and completely submit to the City a written application
on a form prepared by the Director.
b.
Simultaneous cabling. No applicant seeking to install wireless antennas
shall seek an encroachment permit for fiber or coaxial cable only.
Applicants shall simultaneously request fiber installation or other
cable installation when seeking to install antennas in the right-of-way.
2.
Application contents. The Director shall develop an application form
and make it available to applicants. The form may require the following
information, in addition to all other information determined necessary
by the Director:
a.
Contact information. The name, address, email address, and telephone
number of the applicant, owner and the operator of the proposed facility.
b.
Signed authorization. If the applicant is an agent, the applicant
shall provide a duly executed letter of authorization from the owner
of the facility. If the owner will not directly provide wireless telecommunications
services, the applicant shall provide a duly executed letter of authorization
from the person(s) or entity(ies) that will provide those services.
c.
Owner authorization. If the facility will be located on or in the
property of someone other than the owner of the facility (such as
a street light pole, traffic signal pole, utility pole, utility cabinet,
vault, or cable conduit), the applicant shall provide a duly executed
written authorization from the property owner(s) authorizing the placement
of the facility on or in the property owner's property.
d.
Description. A full written description of the proposed facility
and its purpose.
e.
Engineering plans. Detailed engineering plans of the proposed facility
and related report prepared by a professional engineer registered
in the State documenting the following:
i.
Height, diameter and design of the facility, including technical
engineering specifications, economic and other pertinent factors governing
selection of the proposed design, together with evidence that demonstrates
that the proposed facility has been designed to be the least visible
equipment within the particular technology the carrier chooses to
deploy. A layout plan, section and elevation of the tower structure
shall be included.
ii.
A photograph and model name and number of each piece of equipment
included.
iii.
Power output and operating frequency for the proposed antenna.
iv.
Total anticipated capacity of the structure, indicating the number
and types of antennas and power and frequency ranges, which can be
accommodated.
v.
Sufficient evidence of the structural integrity of the pole or other
supporting structure as required by the City.
f.
Justification study. If the applicant believes that denial of the
application would constitute an "effective prohibition" of wireless
service in violation of Federal law, the applicant shall provide all
evidence establishing that the denial of the proposal would materially
limit or inhibit the ability of any competitor or potential competitor
to compete in a fair and balanced legal and regulatory environment.
If the applicant does not believe that there would be such a violation,
such information need not be provided.
g.
Site plans. Site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, access or utility easements, landscaped areas, existing utilities, adjacent land uses, and showing compliance with subsection G ("Design Requirements").
h.
Elevations. Scaled elevation plans of proposed poles, antennas, accessory
equipment, and related landscaping and screening.
i.
Environmental assessment. Documents that may be necessary to comply
with the California Environmental Quality Act.
j.
Exemption justification. If the applicant requests an exception to the requirements of this Section (in accordance with subsection U), the applicant shall provide all information and studies necessary for the City to evaluate that request.
k.
Visual impact analysis. An accurate visual impact analysis showing
the maximum silhouette, viewshed analysis, color and finish palette
and proposed screening for the facility, including scaled photo simulations
from at least 3 different angles.
l.
RF exposure checklist. Completion of the radio frequency (RF) emissions
exposure guidelines checklist contained in Appendix A to the Federal
Communications Commission's (FCC) "Local Government Official's Guide
to Transmitting Antenna RF Emission Safety" to determine whether the
facility will be "categorically excluded" as that term is used by
the FCC.
m.
RF compliance report. For a facility that is not categorically excluded
under the FCC regulations for RF emissions, the applicant shall submit
an RF exposure compliance report prepared and certified by an RF engineer
acceptable to the City that certifies that the proposed facility,
as well as any facilities that contribute to the cumulative exposure
in the subject area, will comply with applicable Federal RF exposure
standards and exposure limits. The RF report must include the actual
frequency and power levels (in watts Effective Radio Power "ERP")
for all existing and proposed antennas at the site and exhibits that
show the location and orientation of all transmitting antennas and
the boundaries of areas with RF exposures in excess of the uncontrolled/general
population limit (as that term is defined by the FCC) and also the
boundaries of areas with RF exposures in excess of the controlled/occupational
limit (as that term is defined by the FCC). Each such boundary shall
be clearly marked and identified for every transmitting antenna at
the project site.
n.
FAA documents. Copies of any documents that the applicant is required
to file pursuant to Federal Aviation Administration regulations for
the facility.
o.
Noise study. A noise study prepared by a qualified acoustic engineer
documenting that the level of noise to be emitted by the proposed
wireless telecommunications facility will comply with this Code including
subsection G.2.l.ii.
p.
Traffic control. A traffic control plan when the proposed installation
is on any street in a non-residential zone. The City shall have the
discretion to require a traffic control plan when the applicant seeks
to use large equipment (e.g., crane).
q.
Landscape plan. A scaled conceptual landscape plan showing existing
trees and vegetation and all proposed landscaping, concealment, screening
and proposed irrigation with a discussion of how the chosen material
at maturity will screen the site.
r.
Propagation maps. A written description identifying the geographic
service area for the subject installation including geographic and
propagation maps, that identifies the location of the proposed facility
in relation to all existing and planned facilities maintained within
the City by each of the applicant, operator, and owner, if different
entities, as well as the estimated number of potentially affected
uses in the geographic service area. Regardless of whether a Master
Deployment Plan Permit is sought, the applicant shall depict all locations
anticipated for new construction and/or modifications to existing
facilities, including collocation, within 2 years of submittal of
the application. Longer range conceptual plans for a period of 5 years
shall also be provided, if available.
i.
If the applicant seeks to install a wireless telecommunications facility
to address service coverage concerns, full-color signal propagation
maps with objective units of signal strength measurement that show
the applicant's current service coverage levels from all adjacent
sites without the proposed site, predicted service coverage levels
from all adjacent sites with the proposed site, and predicted service
coverage levels from the proposed site without all adjacent sites;
ii.
If the applicant seeks to address service capacity concerns, a written
explanation identifying the existing facilities with service capacity
issues together with competent evidence to demonstrate the inability
of those facilities to meet capacity demands.
s.
CPCN. Certification that applicant is a telephone corporation or
a statement providing the basis for its claimed right to enter the
right-of-way. If the applicant has a certificate of public convenience
and necessity (CPCN) issued by the California Public Utilities Commission,
it shall provide a copy of its CPCN.
t.
Application fee. An application fee, and a deposit for a consultant's review as set forth in subsection D of this Section in an amount set by resolution by the City Council and in accordance with California Government Code Section 50030.
u.
Mock-up. Proof that a temporary mock-up of the facility and sign
has been installed at the proposed location for a period of at least
30 calendar days.
i.
Applicant shall obtain an encroachment permit before installing the
temporary mock-up, and must remove the temporary mock-up within 5
calendar days of receiving a written notice to remove from the Director.
ii.
When seeking the encroachment permit, the applicant shall provide
address labels for use by the City in noticing all property owners
within 500 feet of the proposed installation. The City shall mail
a notice regarding installation of the mock-up at least 5 business
days prior to the installation.
iii.
The mock-up shall demonstrate the height and mass of the facility,
including all interconnecting cables. The applicant shall not be entitled
to install the facility it intends to install permanently. The mock-up
may consist of story poles or the like.
iv.
The mock-up shall include a sign that displays photo simulations
depicting before and after images, including any accessory equipment
cabinet, and the telephone number of the Public Works Department.
v.
The applicant shall be required to follow any other City practices
or processes relevant to the installation of a mock-up as may be provided
in a publicly accessible form or document.
vi.
After installation of the mock-up, the applicant shall certify that
the mock-up accurately represents the height and width of the proposed
installation and has been installed consistent with this Code.
3.
Effect of State or Federal law change. If a subsequent State or Federal
law prohibits the collection of any information authorized by subsection
E.2, the Director may omit, modify or add to that request from the
City's application form with the written approval of the City Attorney,
which approval shall be a public record.
4.
Independent expert. The Director is authorized to retain on behalf
of the City an independent, qualified consultant to review any application
for a permit for a wireless telecommunications facility. The cost
of this review shall be paid by the applicant through a deposit pursuant
to an adopted fee schedule resolution. No permit shall be issued to
any applicant which has not fully reimbursed the City for the consultant's
cost, even if the cost exceeds the amount of the deposit. The review
is intended to be a review of technical aspects of the proposed wireless
telecommunications facility and shall address any or all of the following:
a.
Compliance with applicable radio frequency emission standards, whether
any requested exception is necessary to comply with Federal law;
b.
The accuracy and completeness of submissions;
c.
Technical demonstration of the unavailability of alternative sites
or configurations and/or coverage analysis;
d.
The applicability of analysis techniques and methodologies;
e.
The validity of conclusions reached or claims made by applicant;
f.
The viability of alternative sites and alternative designs; and
g.
Any other specific technical issues identified by the consultant
or designated by the City.
F.
Review
Procedure
1.
Pre-submittal conference. Prior to application submittal, the City
strongly encourages all applicants to schedule and attend a pre-submittal
conference with the Public Works Department and Community Development
staff to receive informal feedback on the proposed location, design
and application materials. The pre-submittal conference is intended
to identify potential concerns and streamline the formal application
review process after submittal.
2.
Application submittal appointment. All applications must be submitted
to the City at a prescheduled appointment. Applicants may submit one
application per appointment but may schedule successive appointments
for multiple applications whenever feasible as determined by the City.
3.
Notice—Decisions. The provisions in this Section describe the
procedures for approval and any required notice for an application.
a.
Planning Commission hearings. Any permit application under this Section subject to Planning Commission approval shall require notice and a public hearing and be processed consistent with the requirements of Chapter 17.630 ("Public Hearings and Administrative Review), and particularly Table 6-2 (See Section 17.630.010). The Planning Commission may approve, or conditionally approve, an application only after it makes the findings required in subsection H.
b.
Decision by Planning Commission. The Planning Commission may approve, or conditionally approve, an application only after it makes the findings required in subsection H. Within 10 days after the Planning Commission approves or conditionally approves an application under this Section, the Director shall issue a notice of the decision and any applicable conditions of approval shall be provided to the applicant at the contact information provided on the application.
c.
Notice of shot clock expiration. The applicant is required to provide
the City written notice of the expiration of any applicable shot clock,
which the applicant shall ensure is received by the City (e.g., overnight
mail) no later than 20 days prior to the expiration.
d.
Written decision required. All final decisions made pursuant to this
Section shall be in writing and based on substantial evidence in the
written administrative record. The written decision shall include
the reasons for the decision.
G.
Design
Requirements
1.
Standards applicable only to discretionary projects. All wireless
telecommunications comply with the following, except that small wireless
telecommunications facilities which comply with the most recent version
of the City's wireless design standards, as approved by the City Council
by resolution, after recommendation (for or against) by the Planning
Commission, need not comply with the following:
a.
Screening. The applicant shall employ screening, undergrounding and
camouflage design techniques to be architecturally compatible with
surrounding structures using appropriate techniques to camouflage,
disguise, and/or blend into the environment, including landscaping,
color, and other techniques to minimize the facility's visual impact
as well as be compatible with the architectural character of the surrounding
buildings or structures in terms of color, size, proportion, style,
and quality.
b.
Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
c.
Landscaping. Where appropriate, each facility shall be installed
so as to maintain and enhance existing landscaping on the site, including
trees, foliage and shrubs. Additional landscaping shall be planted,
irrigated and maintained by applicant where such landscaping is deemed
necessary by the City to provide screening or to conceal the facility.
d.
Modification. Consistent with current State and Federal laws and
if permissible under the same, at the time of modification of a wireless
telecommunications facility, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and
other impacts, including, but not limited to, undergrounding the equipment
and replacing larger, more visually intrusive facilities with smaller,
less visually intrusive facilities.
e.
Security. For a Major Wireless Telecommunications Facility Permit
or a Master Deployment Plan Permit, permittee shall pay for and provide
a performance bond or other form of security approved by the City
Attorney's office, which shall be in effect until the facilities are
fully and completely removed and the site reasonably returned to its
original condition, to cover permittee's obligations under these conditions
of approval and this Code. The security instrument coverage shall
include, but not be limited to, removal of the facility. (The amount
of the security instrument shall be calculated by the applicant in
its submittal documents in an amount rationally related to the obligations
covered by the bond and shall be specified in the conditions of approval.)
Before issuance of any building permit, permittee must submit said
security instrument.
f.
Noise. If a nearby property owner registers a noise complaint, the
City shall forward the same to the permittee. Said compliant shall
be reviewed and evaluated by the applicant. The permittee shall have
10 business days to file a written response regarding the complaint
which shall include any applicable remedial measures. If the City
determines the complaint is valid and the applicant has not taken
any steps to minimize the noise, the City may hire a consultant to
study, examine and evaluate the noise complaint and the permittee
shall pay the fee for the consultant if the site is found in violation
of this Section. The matter shall be reviewed by the Director. If
the Director determines sound proofing or other sound attenuation
measures are required to bring the project into compliance with the
Code, the Director may impose conditions on the project to achieve
said objective.
g.
Undergrounding. Accessory equipment shall be placed underground unless
City staff determines that there is either no room in the public right-of-way
for undergrounding or undergrounding is not feasible. If either exception
applies, the accessory equipment may be placed above ground provided
it is sufficiently concealed with natural or manmade features. When
accessory equipment will be ground-mounted, such accessory equipment
shall be enclosed within a structure that does not exceed a height
of 5 feet, not exceed a footprint of 15 square feet, and shall be
fully screened and/or camouflaged with landscaping and/or architectural
treatment. Required electrical meter cabinets shall be screened and/or
camouflaged.
2.
Standards for all facilities. The following requirements apply to
all wireless telecommunications facilities.
a.
Antenna placement. Antenna elements shall be flush mounted, if feasible.
All antenna mounts shall be designed so as not to preclude possible
future collocation by the same or other operators or carriers.
b.
Traffic safety. Facilities shall be designed consistent with all
applicable safety standards and shall be installed only in a location
which does not violate pedestrian or traffic safety standards.
c.
Blending methods. All facilities shall have subdued colors and non-reflective
materials that blend with the materials and colors of the surrounding
area and structures.
d.
Poles.
i.
Facilities shall be located consistent with subsection R ("Location Prohibitions and Preferences").
ii.
Only pole-mounted antennas or strand mounted antennas (within 10
feet of pole) shall be permitted in the right-of-way. All other telecommunications
towers are prohibited and no new poles are permitted that are not
replacing an existing pole.
iii.
Utility poles. Unless otherwise required by Public Utilities
Commission General Order 95, the maximum height of any antenna shall
not exceed 66 inches above the height of an existing utility pole,
nor shall any portion of the antenna or equipment mounted on a pole
be less than 16.5 feet above any drivable road surface. All installations
on utility poles shall fully comply with the California Public Utilities
Commission general orders, including, but not limited to, General
Order 95, as may be revised or superseded.
iv.
Light poles. The maximum height of any antenna on a light pole shall
not exceed the City's design standards. In no case shall the height
exceed 66 inches above the height of the light pole. Any portion of
the antenna or equipment mounted on a pole shall be no less than 10
feet above the ground and 16.5 feet above any drivable road surface.
v.
Replacement poles. If an applicant proposes to replace a pole to
accommodate a proposed facility, the pole shall be designed to resemble
the appearance and dimensions of existing poles near the proposed
location, including size, height, color, materials and style.
vi.
Pole mounted equipment and enclosure, exclusive of antennas, shall
not exceed total volume allowed by City's design standards. Strand
mounted equipment and enclosure shall not exceed 2 cubic feet in total
volume.
e.
Wind loads. Each facility shall be properly engineered to withstand
wind loads as required by this Code or any duly adopted or incorporated
code. An evaluation of high wind load capacity shall include the impact
of modification of an existing facility.
f.
Obstructions. Each component part of a facility shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, incommode the public's use of the right-of-way,
or safety hazards to pedestrians and motorists.
g.
Public facilities. A facility shall not interfere with access to
a fire hydrant, fire station, fire escape, water valve, underground
vault, valve housing structure, or any other public health or safety
facility.
h.
Screening. All ground-mounted facility, pole-mounted equipment, or
walls, fences, landscaping or other screening methods shall be installed
at least 18 inches from the curb and gutter flow line.
i.
Accessory equipment—Accessory equipment—Location. In
locations where homes are only along one side of a street, above-ground
accessory equipment shall not be installed directly in front of a
residence. Such above-ground accessory equipment shall be installed
along the side of street with no homes.
j.
Signage. No facility shall bear any signs or advertising devices
other than certification, warning or other signage required by law
or permitted by the City.
k.
Lighting.
i.
No facility may be illuminated unless specifically required by the
Federal Aviation Administration or other government agency. Beacon
lights are not permitted unless required by the Federal Aviation Administration
or other government agency.
ii.
Legally required lightning arresters and beacons shall be included
when calculating the height of facilities such as telecommunications
towers, lattice towers and monopoles.
iii.
Any required lighting shall be shielded to eliminate, to the
maximum extent possible, impacts on the surrounding neighborhoods.
iv.
Unless otherwise required under FAA or FCC regulations, applicants
may install only timed or motion-sensitive light controllers and lights,
and must install such lights so as to avoid illumination impacts to
adjacent properties to the maximum extent feasible. The City may,
in its discretion, exempt an applicant from the foregoing requirement
when the applicant demonstrates a substantial public safety need.
v.
The applicant shall submit a lighting study which shall be prepared
by a qualified lighting professional to evaluate potential impacts
to adjacent properties. Should no lighting be proposed, no lighting
study shall be required.
l.
Noise.
i.
Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between
the hours of 7:00 p.m. and 7:00 a.m.
ii.
At no time shall equipment noise from any facility exceed an exterior
noise level of 55 dBA 3 feet from the source of the noise if the facility
is located in the public right-of-way adjacent to a business, commercial,
manufacturing, utility or school zone; provided, however, that for
any such facility located within 500 feet of any property zoned residential
or improved with a residential use, such equipment noise shall not
exceed 45 dBA 3 feet from the sources of the noise.
m.
Security. Each facility shall be designed to be resistant to, and
minimize opportunities for, unauthorized access, climbing, vandalism,
graffiti and other conditions that would result in hazardous situations,
visual blight or attractive nuisances. For any discretionary permit,
the Director may require the provision of warning signs, fencing,
anti-climbing devices, or other techniques to prevent unauthorized
access and vandalism when, because of their location and/or accessibility,
a facility has the potential to become an attractive nuisance. Additionally,
no lethal devices or elements shall be installed as a security device.
n.
Permit expiration. The installation and construction approved by
a wireless telecommunications facility permit shall begin within one
year after its approval or it will expire without further action by
the City.
i.
Conditions of approval. In addition to compliance with the design
and development standards outlined in this Section, all facilities
shall be subject to the following conditions of approval (approval
may be by operation of law), as well as any modification of these
conditions or additional conditions of approval deemed necessary by
the Director: As built drawings. The permittee
shall submit an as built drawing within 90 days after installation
of the facility. As-built drawings shall be in an electronic format
acceptable to the City which can be linked to the City's GIS.
ii.
Contact information. The permittee shall submit and maintain current
at all times basic contact and site information on a form to be supplied
by the City. The permittee shall notify the City of any changes to
the information submitted within 30 days of any change, including
change of the name or legal status of the owner or operator. This
information shall include, but is not limited to, the following:
iii.
Assignment . The permittee shall notify the City in writing at least 90 days prior to any transfer or assignment of the permit. The written notice required in this Section must include: (i) the transferee's legal name; (ii) the transferee's full contact information, including a primary contact person, mailing address, telephone number and email address; and (iii) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The Director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: Federal, State and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the Director shall be a cause for the City to revoke the applicable permits pursuant to and following the procedure set on in subsection P.
o.
Signs. At all times, all required notices and/or signs shall be posted
on the site as required by the Federal Communications Commission,
California Public Utilities Commission, any applicable licenses or
laws, and as approved by the City. The location and dimensions of
a sign bearing the emergency contact name and telephone number shall
be posted pursuant to the approved plans.
p.
Permit expiration. A condition setting forth the permit expiration date in accordance with subsection N shall be included in the conditions of approval.
q.
Additional conditions. The wireless telecommunications facility shall
be subject to such conditions, changes or limitations as are from
time to time deemed necessary by the Director for the purpose of:
(i) protecting the public health, safety, and welfare; (ii) preventing
interference with pedestrian and vehicular traffic; and/or (iii) preventing
damage to the public right-of-way or any adjacent property. The City
may modify the permit to reflect such conditions, changes or limitations
by following the same notice and public hearing procedures as are
applicable to the underlying permit for similarly located facilities,
except the permittee shall be given notice by personal service or
by registered or certified mail at the last address provided to the
City by the permittee.
r.
Permit transfer. The permittee shall not transfer the permit to any
person prior to the completion of the construction of the facility
covered by the permit, unless and until the transferee of the permit
has submitted the security instrument required by subsection G.1.e.
s.
Property rights. The permittee shall not move, alter, temporarily
relocate, change, or interfere with any existing structure, improvement
or property without the prior consent of the owner of that structure,
improvement or property. No structure, improvement or property owned
by the City shall be moved to accommodate a wireless telecommunications
facility unless the City determines that such movement will not adversely
affect the City or any surrounding businesses or residents, and the
permittee pays all costs and expenses related to the relocation of
the City's structure, improvement or property. Prior to commencement
of any work pursuant to an encroachment permit issued for any facility
within the public right-of-way, the permittee shall provide the City
with documentation establishing to the City's satisfaction that the
permittee has the legal right to use or interfere with any other structure,
improvement or property within the public right-of-way to be affected
by applicant's facilities.
t.
Liability. The permittee shall assume full liability for damage or
injury caused to any property or person by the facility.
u.
Repair obligations. The permittee shall repair, at its sole cost
and expense, any damage, including, but not limited to, subsidence,
cracking, erosion, collapse, weakening, or loss of lateral support
to City streets, sidewalks, walks, curbs, gutters, trees, parkways,
street lights, traffic signals, improvements of any kind or nature,
or utility lines and systems, underground utility line and systems,
or sewer systems and sewer lines that result from any activities performed
in connection with the installation and/or maintenance of a wireless
telecommunications facility in the public right-of-way. The permittee
shall restore such areas, structures and systems to the condition
in which they existed prior to the installation or maintenance that
necessitated the repairs. In the event the permittee fails to complete
such repair within the number of days stated on a written notice by
the City Engineer. Such time period for correction shall be based
on the facts and circumstances, danger to the community and severity
of the disrepair. Should the permittee not make said correction within
the time period allotted the City Engineer shall cause such repair
to be completed at permittee's sole cost and expense.
v.
Drip line. No facility shall be permitted to be installed in the
drip line of any tree in the right-of-way unless the facility is to
be collocated on an existing facility in the drip line.
w.
Insurance. The permittee shall obtain, pay for and maintain, in full
force and effect until the facility approved by the permit is removed
in its entirety from the public right-of-way, an insurance policy
or policies meeting the City of Westminster's insurance requirements
for contractors to perform work with public right-of-way.
x.
Indemnification. Permittee shall defend, indemnify, protect and hold
harmless the City, its elected and appointed Council members, boards,
commissions, officers, officials, agents, consultants, employees,
and volunteers from and against any and all claims, actions, or proceeding
against the City, and its elected and appointed Council members, boards,
commissions, officers, officials, agents, consultants, employees,
and volunteers to attack, set aside, void or annul, an approval of
the City, Planning Commission or City Council concerning this permit
and the project. Such indemnification shall include damages of any
type, judgments, settlements, penalties, fines, defensive costs or
expenses, including, but not limited to, interest, attorneys' fees
and expert witness fees, or liability of any kind related to or arising
from such claim, action, or proceeding. The City shall promptly notify
the permittee of any claim, action, or proceeding. Nothing contained
herein shall prohibit the City from participating in a defense of
any claim, action or proceeding. The City shall have the option of
coordinating the defense, including, but not limited to, choosing
counsel after consulting with permittee and at permittee's expense.
y.
Hold harmless. Additionally, to the fullest extent permitted by law,
the permittee, and every permittee and person in a shared permit,
jointly and severally, shall defend, indemnify, protect and hold the
City and its elected and appointed Council members, boards, commissions,
officers, officials, agents, consultants, employees and volunteers
harmless from and against all claims, suits, demands, actions, losses,
liabilities, judgments, settlements, costs (including, but not limited
to, attorney's fees, interest and expert witness fees), or damages
claimed by third parties against the City for any injury claim, and
for property damage sustained by any person, arising out of, resulting
from, or are in any way related to the wireless telecommunications
facility, or to any work done by or use of the public right-of-way
by the permittee, owner or operator of the wireless telecommunications
facility, or their agents, excepting only liability arising out of
the sole negligence or willful misconduct of the City and its elected
and appointed Council members, boards, commissions, officers, officials,
agents, consultants, employees and volunteers.
z.
Cabinet removal. Should the utility company servicing the facility
with electrical service that does not require the use of an above
ground meter cabinet, the permittee shall at its sole cost and expense
remove the meter cabinet and any related foundation 90 days of such
service being offered and reasonably restore the area to its prior
condition. An extension may be granted if circumstances arise outside
of the control of the permittee.
aa.
Relocation. The permittee shall modify, remove, or relocate its facility,
or portion thereof, without cost or expense to City, if and when made
necessary by: (i) any public improvement project, including, but not
limited to, the construction, maintenance, or operation of any underground
or above ground facilities, including, but not limited to, sewers,
storm drains, conduits, gas, water, electric or other utility systems,
or pipes owned by City or any other public agency; (ii) any abandonment
of any street, sidewalk or other public facility; (iii) any change
of grade, alignment or width of any street, sidewalk or other public
facility; or (iv) a determination by the Director that the wireless
telecommunications facility has become incompatible with public health,
safety or welfare or the public's use of the public right-of-way.
Such modification, removal, or relocation of the facility shall be
completed within 90 days of notification by City unless exigencies
dictate a shorter period for removal or relocation. Modification or
relocation of the facility shall require submittal, review and approval
of a modified permit pursuant to the Code including applicable notice
and hearing procedures. The permittee shall be entitled, on permittee's
election, to either a pro rata refund of fees paid for the original
permit or to a new permit, without additional fee, at a location as
close to the original location as the standards set forth in the Code
allow. In the event the facility is not modified, removed, or relocated
within said period of time, City may cause the same to be done at
the sole cost and expense of permittee. Further, due to exigent circumstances
including those of immediate or imminent threat to the public's health
and safety, the City may modify, remove, or relocate wireless telecommunications
facilities without prior notice to permittee provided permittee is
notified within a reasonable period thereafter.
bb.
Conditions. Permittee shall agree in writing that the permittee is
aware of, and agrees to abide by, all conditions of approval imposed
by the wireless telecommunications facility permit within 30 days
of permit issuance. The permit shall be void and of no force or effect
unless such written consent is received by the City within said 30-day
period.
cc.
Right-of-way agreement. Prior to the issuance of any encroachment
permit, permittee shall be required to enter into a right-of-way agreement
with the City in accordance with the City's past practice.
3.
Permittee shall include the applicant and all successors in interest
to this permit.
H.
Findings.
No discretionary permit shall be granted for a wireless telecommunications
facility unless the approving party makes all of the following findings:
1.
All notices required for the proposed installation have been given.
2.
The proposed facility would comply with all applicable laws.
3.
The applicant has provided sufficient evidence supporting the applicant's
claim that it has the right to enter the public right-of-way pursuant
to State or Federal law, or the applicant has entered into an agreement
with the City permitting the applicant to use the public right-of-way.
4.
The applicant has demonstrated one of the following: (a) the design and location for the proposed installation will be minimally intrusive on the purposes of this Section 17.400.177; or (b) denial of the proposed facility would "effectively prohibit" the deployment of wireless facilities in violation of Federal law.
I.
Planning
Commission. The Planning Commission will review and approve, conditionally
approve, or deny Major Wireless Telecommunications Facility Permits
and Master Deployment Plan Permits.
J.
Nonexclusive
Grant. No permit or approval granted under this Section shall confer
any exclusive right, privilege, license or franchise to occupy or
use the public right-of-way of the City for any purpose whatsoever.
Further, no approval shall be construed as any warranty of title.
K.
Emergency
Deployment. A COW shall be permitted for the duration of an emergency
declared by the City or at the discretion of the Director. "COW" means
a "cell on wheels," which is a wireless telecommunications facility
temporarily rolled in or temporarily installed.
L.
Operation
and Maintenance Standards. All wireless telecommunications facilities
must comply at all times with the following operation and maintenance
standards.
1.
Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the permittee, owner, operator or any designated
maintenance agent within 48 hours:
2.
Each permittee of a wireless telecommunications facility shall provide
the Director with the name, address and 24-hour local or toll-free
contact phone number of the permittee, the owner, the operator and
the agent responsible for the maintenance of the facility ("contact
information"). Contact information shall be updated within 7 days
of any change.
3.
All facilities, including, but not limited to, telecommunication
towers, poles, accessory equipment, lighting, fences, walls, shields,
cabinets, artificial foliage or camouflage, and the facility site
shall be maintained in good condition, including ensuring the facilities
are reasonably free of:
a.
General dirt and grease;
b.
Chipped, faded, peeling, and cracked paint;
c.
Rust and corrosion;
d.
Cracks, dents, and discoloration;
e.
Missing, discolored or damaged artificial foliage or other camouflage;
f.
Graffiti, bills, stickers, advertisements, litter and debris;
g.
Broken and misshapen structural parts; and
h.
Any damage from any cause.
4.
All trees, foliage or other landscaping elements approved as part
of the facility shall be maintained in good condition at all times,
and the permittee, owner and operator of the facility shall be responsible
for replacing any damaged, dead or decayed landscaping. No amendment
to any approved landscaping plan may be made until it is submitted
to and approved by the Director.
a.
The permittee shall replace its facilities, after obtaining all required
permits, if maintenance or repair is not sufficient to return the
facility to the condition it was in at the time of installation.
b.
Each facility shall be operated and maintained to comply at all conditions
of approval. Each owner or operator of a facility shall routinely
inspect each site to ensure compliance with the same and the standards
set forth in this Section.
M.
No
Dangerous Condition or Obstructions Allowed. No person shall install,
use or maintain any facility which in whole or in part rests upon,
in or over any public right-of-way, when such installation, use or
maintenance endangers or is reasonably likely to endanger the safety
of persons or property, or when such site or location is used for
public utility purposes, public transportation purposes or other governmental
use, or when such facility unreasonably interferes with or unreasonably
impedes the flow of pedestrian or vehicular traffic including any
legally parked or stopped vehicle, the ingress into or egress from
any residence or place of business, the use of poles, posts, traffic
signs or signals, hydrants, mailboxes, permitted sidewalk dining,
permitted street furniture or other objects permitted at or near said
location.
N.
Permit
Expiration
1.
Unless Government Code Section 65964, as may be amended, authorizes
the City to issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of 10 years,
unless pursuant to another provision of this Code it lapses sooner
or is revoked. At the end of 10 years from the date of issuance, such
permit shall automatically expire.
2.
A permittee may apply for a new permit within 180 days prior to expiration.
Said application and proposal shall comply with the City's current
code requirements for wireless telecommunications facilities.
O.
Cessation
of Use or Abandonment
1.
A wireless telecommunications facility is considered abandoned and
shall be promptly removed as provided herein if it ceases to provide
wireless telecommunications services for 90 or more consecutive days
unless the permittee has obtained prior written approval from the
Director which shall not be unreasonably denied. If there are 2 or
more users of a single facility, then this provision shall not become
effective until all users cease using the facility.
2.
The operator of a facility shall notify the City in writing of its
intent to abandon or cease use of a permitted site or a nonconforming
site (including unpermitted sites) within 10 days of ceasing or abandoning
use. Notwithstanding any other provision herein, the operator of the
facility shall provide written notice to the Director of any discontinuation
of operations of 30 days or more.
3.
Failure to inform the Director of cessation or discontinuation of
operations of any existing facility as required by this Section shall
constitute a violation of any approvals and be grounds for:
a.
Litigation;
b.
Revocation or modification of the permit;
c.
Acting on any bond or other assurance required by this Article or
conditions of approval of the permit;
d.
Removal of the facilities by the City in accordance with the procedures
established under this Code for abatement of a public nuisance at
the owner's expense; and/or
e.
Any other remedies permitted under this Code.
P.
Removal
and Restoration—Permit Expiration, Revocation or Abandonment
1.
Upon the expiration date of the permit, including any extensions,
earlier termination or revocation of the permit or abandonment of
the facility, the permittee, owner or operator shall remove its wireless
telecommunications facility and restore the site to its natural condition
except for retaining the landscaping improvements and any other improvements
at the discretion of the City. Removal shall be in accordance with
proper health and safety requirements and all ordinances, rules, and
regulations of the City. The facility shall be removed from the property,
at no cost or expense to the City.
2.
Failure of the permittee, owner or operator to promptly remove its
facility and restore the property within 90 days after expiration,
earlier termination or revocation of the permit, or abandonment of
the facility, shall be a violation of this Code. Upon a showing of
good cause, an extension may be granted by the Director where circumstances
are beyond the control of the permittee after expiration. Further
failure to abide by the timeline provided in this Section shall be
grounds for:
a.
Prosecution;
b.
Acting on any security instrument required by this Section or conditions
of approval of permit;
c.
Removal of the facilities by the City in accordance with the procedures
established under this Code for abatement of a public nuisance at
the owner's expense; and/or
d.
Any other remedies permitted under this Code.
3.
Summary removal. In the event the Director or City Engineer determines
that the condition or placement of a wireless telecommunications facility
located in the public right-of-way constitutes a dangerous condition,
obstruction of the public right-of-way, or an imminent threat to public
safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), the Director
or City Engineer may cause the facility to be removed summarily and
immediately without advance notice or a hearing. Written notice of
the removal shall include the basis for the removal and shall be served
upon the permittee and person who owns the facility within 5 business
days of removal and all property removed shall be preserved for the
owner's pick-up as feasible. If the owner cannot be identified following
reasonable effort or if the owner fails to pick-up the property within
60 days, the facility shall be treated as abandoned property.
4.
Removal of facilities by City. If the City removes a facility in
accordance with nuisance abatement procedures or summary removal,
any such removal shall be without any liability to the City for any
damage to such facility that may result from reasonable efforts of
removal. In addition to the procedures for recovering costs of nuisance
abatement, the City may collect such costs from the performance bond
posted and to the extent such costs exceed the amount of the performance
bond, collect those excess costs in accordance with this Code. Unless
otherwise provided herein, the City has no obligation to store such
facility. Neither the permittee, owner nor operator shall have any
claim if the City destroys any such facility not timely removed by
the permittee, owner or operator after notice, or removed by the City
due to exigent circumstances.
Q.
Exceptions
for Effective Prohibition
1.
If any applicant asserts that strict compliance with any provisions
in this Section, as applied to a specific proposed personal wireless
services facility, would effectively prohibit the provision of personal
wireless services, the Planning Commission may grant an exemption
from strict compliance subject to the provisions in this Section.
2.
Required findings. The Planning Commission shall not grant any exception
unless the applicant demonstrates all the following:
a.
The proposed wireless facility qualifies as a "personal wireless service facility" as defined in United States Code, Title 14, Section 332(c)(7)(C)(ii);
b.
The applicant has provided the City with a clearly defined technical
service objective and a clearly defined potential site search area;
c.
The applicant has provided the City with a meaningful comparative
analysis that includes the factual reasons why reasonable alternative
location(s) or design(s) suggested by the City or otherwise identified
in the administrative record, including, but not limited to, potential
alternatives identified at any public meeting or hearing, are not
technically feasible or potentially available; and
d.
The applicant has provided the City with a meaningful comparative
analysis that includes the factual reasons why the proposed location
and design deviates is the least noncompliant location and design
necessary to reasonably achieve the applicant's reasonable technical
service objectives.
3.
Scope. The Planning Commission shall limit its exemption to the extent
to which the applicant demonstrates such exemption is necessary to
reasonably achieve its reasonable technical service objectives. The
Planning Commission may adopt conditions of approval as reasonably
necessary to promote the purposes in this Section and protect the
public health, safety and welfare.
4.
Independent consultant. The City may to hire, at applicant's expense,
an independent consultant to evaluate issues raised by the exception
and to submit recommendations and evidence in response to the application.
R.
Location
Prohibitions and Preferences
1.
Preferred locations. Wireless facilities subject to discretionary
approval are:
a.
Discouraged from being within those portions of the right-of-way
which are within 300 feet of any residential zone; and
b.
Encouraged to be located within public right-of-way of arterial streets,
with the greatest preference given in the following order of preference,
from highest to lowest: Principal, Major, Primary, or Secondary, as
identified in the most recent version of the Orange County Transit
Authority (OCTA) Master Plan of Arterial Highways (MPAH).
2.
Prohibited.
a.
Ministerial Wireless Telecommunications Facility Permits shall not
be issued for any facility within 30 feet of any habitable structures.
Applicants for Ministerial Wireless Facility Permits are encouraged,
but not required, to comply with the requirements of subsection R.1.
b.
All telecommunications facilities shall not be in any location the
City Engineer determines is inconsistent with an existing or expected
use of the right-of-way.
S.
Effect
on Other Ordinances. Compliance with the provisions of this Section
shall not relieve a person from complying with any other applicable
provision of this Code. In the event of a conflict between any provision
of this Section and other Sections of this Code, this Section shall
control.
T.
Exception
Due to State or Federal Law
1.
If the City Attorney determines that State or Federal law prohibits
discretionary permitting requirements for certain wireless telecommunications
facilities, such requirement(s) shall be deemed severable and all
remaining regulations shall remain in full force and effect. Such
a determination by the City Attorney shall be in writing with citations
to legal authority and shall be a public record. For those facilities,
in lieu of a major wireless telecommunications facility permit or
a discretionary administrative wireless telecommunications facility
permit, a ministerial permit shall be required prior to installation
or modification of a wireless telecommunications facility, and all
provisions of this Section shall be applicable to any such facility
with the exception that the required permit shall be reviewed and
administered as a ministerial permit by the Director rather than as
a discretionary permit. Any conditions of approval set forth in this
provision or deemed necessary by the Director shall be imposed and
administered as reasonable time, place and manner rules.
2.
If subsequent to the issuance of the City Attorney's written determination
pursuant to paragraph 1 above, the City Attorney determines that the
law has changed and that discretionary permitting is permissible,
the City Attorney shall issue such determination in writing with citations
to legal authority and all discretionary permitting requirements shall
be reinstated. The City Attorney's written determination shall be
a public record.
U.
Nonconforming
Wireless Telecommunications Facilities
1.
Nonconforming wireless telecommunications facilities are those facilities
that do not conform to this Section.
2.
Nonconforming wireless telecommunications facilities shall, within
10 years from the date such facility becomes nonconforming, be brought
into conformity with all requirements of this Article; provided, however,
that should the owner desire to expand or modify the facility, intensify
the use, or make some other change in a conditional use, the owner
shall comply with all applicable provisions of this Code at such time,
to the extent the City can require such compliance under Federal and
State law.
3.
An aggrieved person may file an appeal to the City Council of any
decision of the Director made pursuant to this Section. In the event
of an appeal alleging that the 10-year amortization period is not
reasonable as applied to a particular property, the City Council may
consider the amount of investment or original cost, present actual
or depreciated value, dates of construction, amortization for tax
purposes, salvage value, remaining useful life, the length and remaining
term of the lease under which it is maintained (if any), and the harm
to the public if the structure remains standing beyond the prescribed
amortization period, and set an amortization period accordingly for
the specific property.
(Ord. 2557 § 6, 2019)
A.
General
1.
The dish antenna shall be painted a neutral color to blend with the
background to the maximum degree possible.
2.
A building permit shall be obtained for a ground-mounted antenna
8 feet in diameter or 8 feet or more in height. For roof-mounted antennas,
a permit shall be obtained for antennas 3 feet or more in diameter
or 5 feet or more in height. A permit shall be obtained for any electrical
installation.
3.
A dish antenna shall not exceed 12 feet in diameter or 15 feet in
overall height as measured from the mounting surface.
B.
Residential/Public
Facilities Districts
1.
No more than 1 dish antenna shall be permitted per lot, regardless
of the number of dwelling units on the lot. Condominium or apartment
complexes constructed as a single, cohesive development shall be considered
as 1 lot for the purposes of this Section even though they may consist
of more than 1 parcel.
2.
A dish antenna is permitted in the rear yard only and shall not be
located on the roof of a structure.
3.
A setback of 5 feet from any property line shall be maintained. On
corner lots a setback of 10 feet from an abutting public street shall
be maintained.
4.
A dish antenna shall be screened by a 6-foot-high wall or fence or
other suitable screening device having a height of 6 feet.
C.
Commercial/Industrial
Districts
1.
One dish antenna is permitted per business address.
2.
No dish antenna is permitted in any required front yard or in any
side yard abutting a street. The antenna may be roof mounted or located
within a landscaped area, but it shall not be located in any required
parking spaces or aisles. A setback of 5 feet shall be maintained
from lot line, and 10 feet shall be maintained from any side or rear
lot line abutting a street.
3.
A dish antenna shall be screened with vegetation or natural or man-made
materials in compliance with standards adopted by the planning commission.
Minimum screening height shall be 6 feet. If roof-mounted, the antenna
shall be located so as to minimize its projection above the roof-line
as viewed from a height of 6 feet from any point on the property line
or lines abutting a public street or streets. Any projection that
has an apparent projection of 6 feet above the roof-line shall be
screened in compliance with the provisions of this Article.
(Ord. 2456 § 2, 2010)
