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. 
Definitions. For the purposes of this Section, the following words and phrases shall have the meaning respectively ascribed to them in this Section:
Adult arcade.
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."
Adult bookstore.
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."
Adult booth.
Any enclosed or partially enclosed portion of an adult business used for any of the following purposes:
1. 
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."
2. 
Where persons engage in "specified sexual activities" or activities involving "specified anatomical areas."
3. 
Where adult arcade devices are located.
Adult business.
Those businesses defined as:
1. 
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
2. 
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.
Adult cabaret.
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."
Adult dance studio.
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."
Adult hotel/motel.
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.
Adult-oriented merchandise.
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."
Adult theater.
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."
Arcade booth.
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.
Establish includes any of the following:
1. 
The opening of operation of any adult entertainment business;
2. 
The conversion of any existing business, whether or not an adult entertainment business, to any adult entertainment business;
3. 
The relocation of any adult business.
Figure modeling studio.
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.
Material.
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.
Performer.
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.
Specified anatomical areas.
Specific anatomical areas include any of the following:
1. 
Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:
a. 
Human genitals or pubic region;
b. 
Buttocks;
c. 
Female breast below a point immediately above the top of the areola;
d. 
Human or simulated male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities.
Specified sexual activities means and includes the following:
1. 
Human genitals in a state of sexual stimulation or arousal; and/or
2. 
Acts of human masturbation, sexual stimulation, or arousal; and/or
3. 
Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
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:
a. 
The notice shall include information on the right to request a hearing on the application.
b. 
The notice shall be mailed by the Director within 15 days after receipt of a complete application.
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.
4. 
The decision on the application by the Director or Commission is final and effective 15 days after action on the application unless appealed in compliance with Chapter 17.640, Appeals.
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.
C. 
Additional Requirements. Drive-in restaurants must also comply with the requirements of Chapter 8.12, Drive-in Restaurants, of the WMC.
(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.
B. 
Prohibited Food Manufacturing Uses
1. 
The following food manufacturing uses are prohibited:
a. 
Fish products;
b. 
Sauerkraut;
c. 
Vinegar;
d. 
Yeast;
e. 
The rendering or refining of fats and oils.
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;
16. 
Gambling, including those activities regulated in Westminster Municipal Code Chapter 9.12;
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:
a. 
A kitchen, including at a minimum a sink, garbage disposal, refrigerator, stove with oven, and a counter top;
b. 
A separate bathroom, including at a minimum a sink, toilet, and shower;
c. 
A closet for storage space.
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.
B. 
Development Standards
1. 
Suitability of site, location, off-street parking, unit size, landscaping, project density, and on-site open space shall be considered on a case-by-case basis.
2. 
Restrictive covenants shall be recorded containing the conditions applicable to the development.
(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.
9. 
Nonresident mobilehome owners, relocatable to a comparable park, shall not receive the relocation compensation, as specified in this Section, with the exception that the applicant and/or park owner shall pay for all moving costs as described in subsections G, H and I.
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)
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:
i. 
Name and telephone number of person reporting,
ii. 
Name and address of facility,
iii. 
Time and type of incident,
iv. 
Name and quantity of material(s) involved,
v. 
Extent of injuries,
vi. 
Possible hazard to human health and the environment outside facility;
f. 
During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions, and releases do not occur or spread, including such measures as:
i. 
Stopping operations,
ii. 
Collecting and containing release water,
iii. 
Removing and isolating containers;
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;
i. 
Other activities required of the emergency coordinator after an emergency are:
i. 
Ensure that no waste incompatible with the released material is handled until cleanup is completed,
ii. 
Ensure that emergency equipment is cleaned and ready for use before operations are resumed;
j. 
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 that requires implementing the contingency plan;
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.
iii. 
If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health and the environment outside the facility, the emergency coordinator shall report his or her findings as per the following subsections d and e.
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:
(A) 
Name and telephone number of person reporting;
(B) 
Name and address of facility;
(C) 
Time and type of incident;
(D) 
Name and quantity of material(s) involved;
(E) 
Extent of injuries; and
(F) 
Possible hazard to human health and the environment outside facility.
vi. 
During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions, and releases do not occur or spread, including such measures as:
(A) 
Stopping operations;
(B) 
Collecting and containing release water; and
(C) 
Removing and isolating containers.
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.
ix. 
Other activities required of the emergency coordinator after an emergency are:
(A) 
Ensure that no waste incompatible with the released material is handled until cleanup is completed; and
(B) 
Ensure that emergency equipment is cleaned and ready for use before operations are resumed.
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;
vi. 
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 post-closure monitoring maintenance per subsection g.
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:
1. 
No recycling facility may be located within any required yard area, driveway, drive aisle, parking stall, fire lane, loading area, pedestrian path, or landscaped area.
2. 
All recycling facilities shall remain as a secondary accessory use to the primary host use.
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.
8. 
Noise levels shall comply with Chapter 8.28, Noise Control, of the WMC.
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. 
Definitions. For purposes of this section, the following definitions shall apply:
"Housing development"
shall mean a development with no more than two primary dwelling units on a single lot 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.
"Primary unit"
shall mean a residential unit that is not otherwise classified as an accessory dwelling unit or junior accessory dwelling unit pursuant to Government Code Section 66313.
"Unit"
shall mean a primary dwelling unit, as well as an accessory dwelling unit or a junior accessory dwelling unit.
"Urban lot split"
shall have the same meaning as set forth in Chapter 16.12 of this code.
B. 
Minimum Qualifying Requirements for Ministerial Approval. The City shall ministerially approve a housing development containing no more than two primary units if it meets the following requirements and those in Subsection C below:
1. 
The parcel is located within the 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 Cal. Govt Code § 65913.4, as that section read on September 16, 2021.
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. 
The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Cal. Pub. Res. Code § 5020.1 or within a site that is designated or listed as a City landmark or historic property or district pursuant to a City ordinance.
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 zoning, subdivision, and design standards pertaining to the single-family residential development in the R1 zone:
1. 
Maximum number of units.
a. 
On a single lot that has not been subdivided pursuant to an urban lot split, a maximum of four units, no more than two of which may be a primary unit. ADUs and JADUs may also be allowed, subject to the requirements of Section 17.400.135.
b. 
On a lot subdivided pursuant to an urban lot split, no more than two units, at least one of which shall be a primary unit. ADUs and JADUs may also be allowed, subject to the requirements of Section 17.400.135.
2. 
Maximum lot coverage. The project shall be subject to the underlying R1 zoning lot coverage standards, not to preclude two primary units of at least 800 square feet each from being constructed.
3. 
Maximum height. Each primary dwelling unit shall comply with the maximum height limits in the underlying R1 zone.
4. 
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.4.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.
5. 
Minimum distance between structures on the same lot.
a. 
Except as otherwise allowed by state law, the minimum distance between detached structures on the same lot shall be six feet.
b. 
Except as otherwise allowed by state law, the minimum distance between primary dwelling units on the same lot shall be six feet.
c. 
Two primary dwelling units may be attached.
6. 
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.
7. 
Allowed projections/intrusions into setbacks. Subject to requirements in the underlying R1 zone.
8. 
Maximum driveways and walkways coverage. Subject to requirements in the underlying R1 zone.
9. 
Landscaping. All primary dwellings shall comply with the landscape requirements of the underlying R1 zone.
10. 
Off-street parking spaces for existing and 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.
11. 
Parking provisions for SB 9 units. All required and non-required parking spaces must comply with the provisions in Chapter 17.320. In addition, parking spaces may be provided in accordance with the special parking provisions applicable to an SB 9 two-unit housing development as set forth in Subsection I.5 of Section 17.320.030. Off-street parking spaces for an accessory dwelling unit shall continue to be provided in accordance with all off-street parking standards applicable to an accessory dwelling unit.
12. 
Architectural design.
a. 
All objective architectural design standards applicable to single-family dwellings in the underlying R1 Zone shall apply to new primary dwelling units.
13. 
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. 
On a housing development where one primary unit will not have street frontage, and 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. 
Shared driveways shall maintain a minimum width of 20 feet, unless a wider width is required for emergency access as provided in Subsection C.13.d below.
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.
14. 
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.
15. 
Water heaters. Any tanked water heater for a new dwelling unit shall be concealed within an enclosure that is integrated into the building and located under the main roof.
16. 
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 exterior HVAC units must be ground mounted. 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.
17. 
Exterior lighting. All exterior lighting must be shielded in such a way that no light spills onto adjacent properties.
18. 
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.
19. 
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.
20. 
On-site wastewater treatment system. For residential units connected to an on-site wastewater treatment system (septic tank), the applicant must provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years, which shows that the system meets acceptable infiltration rates.
21. 
Parks and recreation development impact fee. Each new dwelling unit is subject to the parks and recreation development impact fees set forth in Chapter 3.62.
D. 
Limitations on City Actions.
1. 
No zoning, subdivision, or design standard shall be applied if it would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. Such standard shall only be waived to the extent necessary.
2. 
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 for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
F. 
Application Processing.
1. 
An application for a proposed housing development under this section shall be considered and approved or denied within 60 days from the date the City receives a complete application. If an application is not approved or denied within this time, the application shall be approved.
2. 
If the City denies an application, it shall provide a full set of written comments to the applicant within the time frame set forth above with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(Ord. 2580U § 9, 2022; Ord. 2627, 11/12/2025)
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. 
Purpose.
1. 
This Section establishes standards for accessory dwelling units (ADUs) in accordance with California Government Code Section 66314 et seq. and junior accessory dwelling units (JADUs) in accordance with California Government Code Section 66333 et seq. These standards are intended to allow for ADUs and JADUs as important forms of affordable housing, while preserving the character and integrity of Westminster's residential uses and neighborhoods.
2. 
In cases of conflict between this section and any other provision of this title, the provisions of this Section shall prevail. To the extent that any provision of this Section is in conflict with State law, the mandatory requirement of State law shall control, but only to the extent legally required.
B. 
Definitions — for purposes of this Section, the following definitions shall apply.
1. 
Any definition set forth in Government Code Section 66313 et seq. relating to ADUs and JADUs shall control if not defined herein.
2. 
"Attached ADU" — means an ADU, other than a converted ADU, that is physically attached to a primary dwelling. This does not include an ADU that is created by converting an existing part of the primary dwelling and expanding the dwelling to create a new unit.
3. 
"Converted ADU" — means an ADU that is created by converting all or a portion of the existing interior space of a dwelling or an accessory structure.
4. 
"Detached ADU" — means an ADU that is physically separated from, but located on the same lot as, a primary dwelling structure. This includes an ADU that is created by converting an existing detached accessory structure, including detached garages.
5. 
"Multi-unit dwelling" — shall have the same meaning as "multifamily dwelling" as defined under State ADU law, which means a structure with two or more attached dwellings on a single lot.
6. 
"Primary dwelling" — shall mean as follows:
a. 
In the case of a single-unit residential zone, the existing single-unit dwelling, or the larger of two proposed units.
b. 
In the case of any other residential or mixed-use zone in which a single-unit dwelling exists on the property, the existing dwelling.
c. 
In the case of a multi-unit or mixed-use zone which allows a residential use, the existing or proposed multi-unit units.
C. 
Where allowed:
1. 
ADUs. ADUs are only permitted in zones that allow for residential development, including specific plan zones and mixed-use zones on a lot that contains or will be developed with single-family or multiple-family residence.
2. 
JADUs. JADUs are only allowed in a single family residential zone on a lot that contains or will be developed with a single-family residence.
3. 
Number of ADUs.
a. 
Except as provided in subsection N below, only one ADU or JADU shall be allowed on a lot with an existing or proposed single-family dwelling.
b. 
Except as provided in subsection N below, only one ADU shall be allowed on a lot with an existing or proposed multi-family dwelling.
4. 
An ADU is allowed within, attached to, or detached from the primary unit in accordance with the provisions of this Section.
D. 
Applications — ADUs and JADUs.
1. 
Applications for ADUs and JADUs shall be ministerially approved or denied within 60 days of receipt of a complete application. An application shall be approved if it complies with the requirements of this Section.
a. 
If the application is submitted in conjunction with an application for a new single-unit or multi-unit dwelling, the application for the ADU or JADU shall not be approved or denied until the application for the new single-unit or multi-unit dwelling is approved.
b. 
If the application is denied, the City shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within 60 days of a complete application.
c. 
If a detached garage is to be replaced with an ADU, the demolition permit shall be reviewed with the application for the ADU and issued at the same time. No garage may be demolished without first having obtained a demolition permit.
d. 
The City shall grant a delay if requested by the applicant.
e. 
If the City does not approve or deny the completed application within 60 days, the application shall be deemed approved.
f. 
Notwithstanding the above, if the applicant uses a plan for an ADU that has been preapproved by the City or a plan that is identical to a plan used in an application for a detached ADU approved by the City within the current triennial California Building Standards Code cycle, the application shall be approved or denied within 30 days from the date of a complete application.
2. 
ADUs and JADUs shall be subject to application, inspection and permit fees.
3. 
An application for an ADU or a JADU shall not be denied due to the need to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit.
4. 
Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition.
5. 
Affordability information (RHNA). Applicants shall provide the City with all information reasonably requested by the City to allow the City to classify the ADU by income category for the City's annual housing report.
E. 
Unpermitted Structures Constructed Prior to January 1, 2020. The following provisions apply to structures constructed prior to January 1, 2020.
1. 
No application or permit shall be denied for an unpermitted ADU or JADU that was constructed prior to January 1, 2020, based on either of the following:
a. 
The ADU or JADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code (commencing with Section 17960); or
b. 
The ADU or JADU does not comply with State law or the provisions of the Westminster Zoning Code regulating ADUs or JADUs.
2. 
The provisions of subsection E.1, above, shall not apply if the City makes a finding that correcting the violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to California Health and Safety Code Section 17920.3.
3. 
The City shall inform a homeowner that, before submitting an application for a permit for an unpermitted structure, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit.
4. 
Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the City may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The City shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards. Such inspection will be subject to applicable inspection fees.
5. 
A homeowner shall not be required to pay impact fees or connection or capacity charges for a previously unpermitted unit except when utility infrastructure is required to comply with California Health and Safety Code Section 17920.3 and when the fee is authorized by California Government Code Section 66324(e).
6. 
Until January 1, 2030, the City shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an unpermitted ADU that substantially reads as follows:
You have been issued an order to correct violations or abate nuisances relating to your ADU. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the Director of Community and Economic Development. If the Building Official determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.
F. 
Utilities and Fees.
1. 
All ADUs and JADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. Except for ADUs created solely by converting a portion of an existing single-family residence, the City shall require separate utility connections.
2. 
Impact fees. The applicant shall pay applicable development impact fees, including those imposed pursuant to Westminster Municipal Code Section 3.62.040 (Parks and recreation mitigation requirement), in accordance with this Section.
a. 
No impact fee shall be imposed on any ADU less than 750 square feet in size.
b. 
For ADUs 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
c. 
All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with California Government Code Sections 66000 et seq. and 66012 et seq.
d. 
For purposes of this Section, "impact fee" shall have the same meaning as set forth in California Government Code Section 66324.
3. 
Connection fees/capacity charges.
a. 
An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including for water and sewer service, unless the ADU is being constructed with a new single-unit dwelling.
b. 
For an ADU contained within an existing single-unit dwelling meeting the requirements of subsection N.1.a below, the City shall not require the installation of a separate utility connection between the ADU and utility or impose a connection fee or capacity charge, unless the unit is being constructed with a new single-unit dwelling or the unit is being separately conveyed as allowed by Government Code Section 66342. For all other ADUs, the City may require the installation of a separate utility connection and shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed ADU based on the size of the unit or number of plumbing fixtures.
c. 
A JADU shall not be considered to be a separate or new dwelling unit for purposes of providing water, sewer, or power.
G. 
Areas of Insufficient Water and Sewer Service. New ADUs are prohibited if the City Engineer determines the surrounding residential neighborhood has insufficient water or sewer service and such area has been designated on a map created and maintained by the City Engineer showing these areas. Such map shall be posted on the City's website and promptly made available to the public upon request. The City Engineer shall update the map periodically. This subsection shall not apply to ADUs approved pursuant to subsection N below.
H. 
Prohibition Against Separate Sale of ADU. An ADU shall not be sold or conveyed separately from the primary dwelling, except as allowed by California Government Code Section 66341.
I. 
ADUs as Transient Lodging. ADUs and JADUs may not be rented for periods of less than 30 days.
J. 
General Standards.
1. 
ADUs and JADUs are not included in density calculations in determining the allowable density for a lot, are considered residential uses consistent with zoning and general plan designations, and may count as a dwelling unit for purposes of identifying adequate sites for housing.
2. 
ADUs and JADUs must satisfy the requirements of Title 15 of this Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, except that the construction of an ADU shall not constitute a Group R occupancy change unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.
3. 
Fire sprinklers shall not be required if they are not required for the primary dwelling and the construction of an ADU shall not trigger a requirement for sprinklers to be installed in the existing primary unit.
4. 
The floor area of an ADU and JADU (either attached or detached) may not be less than the floor area required for an efficiency dwelling unit as provided by California Health and Safety Code Section 17958.1.
K. 
Nonconformities. ADUs and JADUs approved under this Section shall not be required to correct lawfully constructed physical improvements that do not conform with current zoning standards.
L. 
Development Standards — ADUs
1. 
Height.
a. 
ADUs shall be subject to the following height limitations:
i. 
A height of 16 feet for a detached ADU on a lot with an existing or proposed single unit or multi-unit dwelling unit.
ii. 
A height of 18 feet for a detached ADU on a lot with an existing or proposed single unit or multi-unit dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in California Public Resources Code Section 21155. The ADU may have an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
iii. 
A height of 18 feet for a detached ADU on a lot with an existing or proposed multi-unit, multistory dwelling.
iv. 
A height of 25 feet or the height limit of the applicable zone that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. In no event shall the ADU exceed two stories.
2. 
Underlying zone. ADUs shall be subject to the development standards of the underlying zone, including, but not limited to, lot coverage, provided that these development standards do not prohibit an ADU of at least 800 square feet from being developed.
3. 
Relationship to residential structures.
a. 
An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling.
b. 
An ADU shall have a main entrance separate from the primary dwelling.
4. 
Maximum unit size.
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 less, provided that an ADU of at least 850 square feet shall be allowed for an ADU up to one bedroom in size and 1,000 square feet shall be allowed for an ADU of more than one bedroom in size.
b. 
Detached ADUs. 1,200 square feet of floor area.
c. 
Conversion. An ADU which is converted entirely from within an 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.
d. 
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.
5. 
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 four 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 six 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 six feet from accessory structures.
e. 
Second story. An ADU constructed above an existing lawfully constructed structure shall be required to comply with applicable four foot side and rear yard setbacks. 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.
6. 
Design requirements for new units. ADUs shall comply with the following:
a. 
Lighting. All light must be shielded so that no light spills onto adjacent property. Flood lights shall not be allowed.
b. 
Exterior material. The exterior materials of the ADU shall be the same as the main residence with respect to material (i.e., stucco, siding, stone, rock, wood veneer), texture and color.
c. 
Roof. The roof of the ADU shall be the same type (i.e., hip, gable, shed), material and color of the material used on the primary residence. The pitch of the roof shall be within 1:12 of the main residence, not to be less than 3:12 unless the main residence has a flat (less than 2:12) roof.
7. 
Stairways.
a. 
An ADU proposed within the second floor of an existing or proposed single-family dwelling shall not have exterior stairways.
b. 
An ADU proposed to be above another structure must either have an interior stairway or screen the stairway, using the same materials as the exterior of the proposed ADU, so that it is not visible from adjacent properties or the public right-of-way.
8. 
Porches and patio covers.
a. 
Any porch or patio attached to an ADU shall be no more than 200 square feet.
b. 
Any porch or patio attached to an ADU must meet the setback requirements for attached structures in the underlying zone.
9. 
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.
10. 
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 two detached ADUs which do not exceed 800 square feet in size, which are no taller than 16 feet in height and which comply with four foot rear and side yard setback per subsection B.3.
11. 
Parking/driveways.
a. 
In addition to the required parking for the primary dwelling, one parking space shall be provided for an ADU 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 tandem parking on a driveway in a manner that does not encroach onto a public sidewalk or in a setback area, and otherwise complies with city parking requirements 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(s) shall be required for an ADU if:
i. 
It is located within one-half mile walking distance of public transit such as a bus stop, bus station, train station, etc.;
ii. 
It is located within an architecturally and historically significant district;
iii. 
It is part of a proposed or existing primary residence or an accessory structure;
iv. 
On-street parking permits are required but not offered to the occupant of the ADU;
v. 
There is a car share vehicle located within one block of the ADU; or
vi. 
The permit application for the ADU is submitted with a permit application to create a new single-unit dwelling or new multi-unit dwelling on the same lot, provided that the ADU or the parcel satisfies all other criteria listed in this subsection relating to parking requirements.
c. 
When a garage, carport, covered parking space, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted into an ADU, those off-street parking spaces need not be replaced.
d. 
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.
12. 
Waiver of development standards. Development standards relating to the size of an ADU, including size based on a percentage of the primary dwelling, limits on lot coverage, floor area ratio, open space, front setbacks, building separation and minimum lot size shall be waived to the extent required to allow construction of an 800 square foot ADU.
M. 
Development Standards — JADUs
1. 
Where allowed. One JADU shall be allowed on a lot zoned for single-family use within an existing or proposed single-unit dwelling, including in an attached garage. A JADU may also be allowed on the same lot as an ADU permitted under this Section.
2. 
Efficiency kitchen. A JADU shall be required to contain at least an efficiency kitchen which includes a sink, cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the JADU.
3. 
Separate entrance. A JADU shall be required to have a separate entrance from the primary dwelling which shall be located on a different side of the residence than the front door of the primary dwelling.
4. 
Sanitation facilities. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-unit residence and shall have direct access to the single-unit residence from the interior of the dwelling unit.
5. 
Parking.
a. 
No additional parking shall be required for a JADU.
b. 
If an attached garage is converted to a JADU, the parking need not be replaced.
6. 
Building standards. JADUs shall be required to comply with applicable building standards, except that fire sprinklers shall not be required if they were not required for the single-unit residence and the construction of a JADU shall not trigger the need to install fire sprinklers in the existing primary unit.
7. 
JADU not a separate unit. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a JADU shall not be considered to be a separate or new dwelling unit.
8. 
Deed restriction. The owner of any new JADU shall record against the property a deed restriction, which shall run with the land, in a form that meets the approval of the city attorney and which establishes the following:
a. 
The JADU shall not be sold separately from the single-family residence;
b. 
The JADU is restricted to the maximum size of 500 square feet;
c. 
The JADU may not be rented for a period of less than 30 days.
d. 
A restriction that the owner must reside either in the primary dwelling or in the JADU. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization.
e. 
The deed restriction shall be binding upon any successor in ownership of the property.
N. 
Mandatory Approvals.
1. 
Notwithstanding any other provision of this Section, pursuant to California Government Code Section 66323, the City shall ministerially approve an application for a building permit within any residential or mixed-use zone to create any of the following. No other objective development or design standards shall apply.
a. 
One ADU and one JADU within the existing or proposed space of a single-unit dwelling or accessory structure.
i. 
An existing accessory structure may be expanded by up to 150 square feet solely for the purpose of accommodating ingress and egress to an ADU.
ii. 
The ADU and/or JADU must have exterior access from the proposed or existing single-unit dwelling.
iii. 
The side and rear setbacks must be sufficient for fire and safety.
iv. 
If the unit is a JADU, it must comply with the requirements of subsection M, above.
b. 
One detached, new construction, ADU that does not exceed four foot side and rear yard setbacks for a lot with an existing or proposed single-unit dwelling. The ADU may be combined with a JADU described in subsection M, above. The ADU shall not exceed 800 square feet and shall not exceed the height limits set forth in subsection L.1.a.i through iii, above.
c. 
On a lot with an existing multi-unit dwelling structure, up to 25% of the total multi-unit dwelling units, but no less than one ADU, within portions of existing multi-unit dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each ADU complies with state building standards.
d. 
On a lot with an existing multi-unit dwelling structure, up to eight detached ADUs, provided that the number of ADUs on the lot shall not exceed the number of existing units on the lot. Setbacks shall be limited to side and rear setbacks of no more than four feet. If the existing multi-unit dwelling has a rear or side setback of less than four feet, the City shall not require modification as a condition of approving the application for the proposed ADU(s). The height shall not exceed the height limits set forth in subsection L.1.a.i through iii, above.
e. 
On a lot with a proposed multi-unit dwelling structure, up to two detached ADUs. Side and rear yard setbacks shall be no more than four feet. The height shall not exceed the height limits set forth in subsection L.1.a.i through iii, above.
2. 
The City shall not require the correction of nonconforming zoning conditions as a condition of approving the application for the proposed ADU(s) or JADU.
3. 
An ADU and/or JADU created pursuant to this subsection shall not be rented for periods of less than 30 days.
O. 
Certificate of Occupancy. No certificate of occupancy shall be issued for an ADU until the certificate of occupancy is issued for the primary unit.
(Ord. 2572 § 4, 2021; Ord. 2628, 11/12/2025)
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.
C. 
Prohibited Uses. The following uses and services are prohibited at service stations:
1. 
Auto body and fender repair, painting, upholstery work, and dismantling;
2. 
Tire recapping, machine work, or welding.
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:
1. 
No studio shall operate later than 10:30 p.m. daily.
2. 
A dance studio is allowed to have no more than one "open house," "practice party" or "social dance" night per week where the facility is open to the public at no charge and where dancing is conducted with or without instructors.
(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.
7. 
Compliance with the terms of Sections 5.04.095, Tattoo Parlor or Dermatography Studios, and 5.28.010, Businesses Requiring Permits—Designated, of the WMC shall be required.
(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.
b. 
Information in the area shall include, but not be limited to:
i. 
Current maps, routes, and schedules for public transit;
ii. 
Ridesharing match lists;
iii. 
Available employee incentives; and
iv. 
Rideshare promotional material supplied by commuter-oriented organizations.
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.
b. 
Bus stop improvements shall be determined in conformity with standard traffic engineering principles including, but not limited to:
i. 
The frequency and relative impact of blocked traffic due to stopped buses; and
ii. 
The level of transit ridership at the location.
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. 
Definitions. For purposes of this Section 17.400.177 only, the following definitions apply:
"Accessory equipment"
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.
"Antenna"
means that part of a wireless telecommunications facility designed to radiate or receive radio frequency signals.
"Cellular"
means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.
"Code"
means the Westminster Municipal Code.
"Collocation"
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.
"Director"
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.
"Facility(ies)"
means wireless telecommunications facilities.
"Ground-mounted"
means mounted to a telecommunications tower.
"Located within public right-of-way"
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.
"Modification"
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.
"Monopole"
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).
"Mounted"
means attached or supported.
"Pole"
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.
"Sensitive uses"
means any residential use, public or private school, day care, playground, and retirement facility.
"Small wireless 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.
"Telecommunication tower"
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.
"Utility pole"
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.
"Wireless telecommunications facility, facility or facilities"
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.
"Wireless telecommunications services"
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.
v. 
All applicable ministerial requirements of this Section, including those within subsection G ("Design Requirements").
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:
i. 
Attached to a pole, which container does not protrude from the pole by more than one foot; is attached more than 10 feet above the ground and 16.5 feet above any drivable road surface; and is camouflaged to the maximum extent feasible; or
ii. 
Installed underground.
e. 
Unless otherwise approved via approved design standards, antennas must be:
i. 
Mounted on top of the pole;
ii. 
The same color as the pole; and
iii. 
Within a shroud that is the same shape as the pole (which shape is typically cylindrical).
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:
i. 
The proposal is not located in any location prohibited in subsection R.
ii. 
The proposal complies with all applicable provisions in this Section without need for an exception pursuant to subsection Q.
iii. 
The Director makes the findings listed in subsection H.
iv. 
The application is for a small wireless facility.
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.
d. 
The Director may only approve an Administrative Wireless Telecommunications Facility Permit after complying with the procedures required by Chapter 17.630 ("Public Hearings and Administrative Review") which apply to administrative discretionary review applications.
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.
4. 
Appeals. Appeals shall be subject to the requirements of Chapter 17.640, Appeals.
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:
(A) 
Identity, including the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.
(B) 
The legal status of the owner of the wireless telecommunications facility.
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:
a. 
After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or
b. 
After permittee, owner, operator or any designated maintenance agent receives notification from the City.
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)