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SR - ORD-13-18 - SECOND READING '�,5�°� °�' ORDINANCE ``'�oRP oRqrFO,,r�r� V�'` '•;C� . �� :fQ= SECOND READING ��`��,�e��-��° �C�UPITY�+P`' December 11, 2018 1 . SUBJECT Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Municipal Code to consolidate existing land use tables and use standards into Chapter 17.13 entitled Master Land Use Matrix. 2. SUMMARY The introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on November 13, 2018. The Ordinance is now presented for Second Reading by title only, and adoption. Vote at First Reading: AYES: Alvarez, Whitaker, Smith, Murphy, Nichols NOES: None ABSENT: None 3. RECOMMENDED ACTION Adopt Ordinance No. 13-18. 4. ATTACHMENT Ordinance No. 13-18 ITEM 9.1 �� 12/11/2018 ORDINANCE N0. 13-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE TO CONSOLIDATE EXI5TING LAND USE TABLES AND USE STANDARDS INTO CHAPTER 17.13 ENTITLED MA5TER LAND USE MATRIX. WHEREAS, the proposed Land Use Matrix Ordinance consolidates the master land use matrices, special use standards, conditional use standards, prohibited uses, and standards for unlisted uses for all land use sections of Title 17 of the Zoning Code; and WHEREAS, this proposed ordinance reorganizes existing Code content and serves to promote ease of use and elimination of redundancy; and WHEREAS, the proposed ordinance amendment is not a project pursuant to California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken is the consolidation and clarification of existing land use tables and use standards text that could not have the potential to result in a direct or reasonably foreseeable indirect physical change to the environment; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on August 20, 2018, at which time interested persons had an opportunity to testify either in support of or in opposition to the proposed ordinance amendment and recommended its approval to the City Council; and WHEREAS, the City Council conducted a duly advertised public hearing on November 13, 2018, at which time interested persons had an opportunity to testify either in support of or in opposition to the proposed ordinance amendment; and WHEREAS,the City Council finds that the proposed ordinance amendment will serve the public health, safety and welfare of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: OMC Section 17.04.029 is hereby amended to add the following definition, which shall read as follows: 17.04.029 - "J" Definitions. JOB CENTER-Defined as a location at which five or more individuals seeking employment are permitted by the property owner to congregate at one time to advertise their availability to perform work which is performed at an off-site location and which work is not at the direction or on behalf of the property owner. SECTION II: OMC Section 17.04.035 is hereby amended to add the following definition, which shall read as follows: 17.04.035 - "P" Definitions. PROPERTY OWNER - The person or entity that owns the property in fee, is a tenant or a person who is otherwise in lawful possession of the property and their respective designated agents. SECTION III: OMC Section 17.06.020 is hereby amended to add the following zone districts, which shall read as follows: 17.06.020 -Districts Established. Table 17.06.020 establishes the classes of zone districts. These districts classify, regulate, restrict, and segregate the uses of land and buildings; regulate and restrict the height and bulk of buildings;regulate the area of yards, courts, and other open spaces around buildings; specify other development standards applicable to uses; and provide a framework for the review of building design. No building, structure, land or premises shall be used for any purpose or in any manner � other than permitted by this Title, or amendments thereto, in the district in which such building, structure, land or premises is located. 2 E Table 17.06.020 I Use District Symbol�� Use Classification Chapter� � 1 __. � ; R1-R Single Family Residential District 17.14 1 � , R1-40 Single-Family Residential District 17.14 i � R1-20 Single-Family Residential District � 17.14 I � -- � ---a R1-15 Single-Family Residential District 17.14 � I r---___v j R1-12 � Single-Family Residential District ��N�17.14 � i � j� R1-10 Single-Family Residential District � 17.14 � I ______-� � R1-8 ~ Single-Family Residential District �� 7.14 � � �___�_�_ _ ._._ �.. .�.� ___.__.__.____.__._ __ � ___�—� � R1-7 I Single-Family Residential District � 17.14 � � { ,�..�. � .� ___. _. I R1-6 Single-Family Residential District I 17.14 I. � i � j � R1-5 � � Single-Family Residential District �� 17.14 1 I i_..�..� _ Y___�_��._... � � R2-8 �� Duplex Residential District 17.14 � i ,---------- -`_ ____._�_ �_____.___ ._._..�.____ --- ! R2-7 Duplex Residential District 17.14 I i I R2-6 Duplex Residential District 17.14 I I �.�.�_._..�..____..._._._ ' R-3 �� Multiple-Family Residential District ��~^T� 17.14 ` � � _��.� �_____��_ � ._._._.�I � R-4 ; Multiple-Family Residential District 17.14 � ____ _____ � ___. _.__.__._.._. _ � __.._____� �--- , � MH Mobile Home Residential District 17.14 i i __,___________1 � OP � � Office Professional District j 17.18 � ��.__ I ___.__ ____..______ —. __________ , 1 � CP Commercial Professional District � 17.18 ; � _ �.�__ � � 3 �C1�� Limited Business District �� 17.18 � I I,.._.__._.._.___,__ � � _ � C-TR Limited Business District—Tustin Redevelopment Project Area 17.18 I �� j C2 General Business District 17.18 � �_� C3 �� Commercial District� � 17.18 I i TMU-15S Old Towne Mixed Use District- 15S � �17._19 I � r____.�...�._.� ___� - ! OTMU-15 Old Towne Mixed Use District- 15 DU/AC 17.19 I � i OTMU-24 Old Towne Mixed Use District- 24 DU/AC r 17.19 j � �i j NMU-24 Neighborhood Mixed Use District- 24 DU/AC 17.19 � � --_—. � � UMU � Urban Mixed Use District 17.19 i M1 T Light Industrial District ^ � 17.20 i,----------�..__._._._.. � _�.__ ._._._______^��.. � _� I M2 Industrial Manufacturing District �� 17.20 1 � �_ __ _._. _.______ �___. � SG Sand and Gravel Extraction District 17.32 i .�___� __ _—� '� A-1 Agricultural District 17.22 � I ! RO � Recreation Open Space District ��17.22� I � i � � � SH Slope Hazard District � 17.22 i 1 i--- � j PI � � u mm Public Institution District � ��-17.24 ' ;_____ �_ --- — � --� i PC f Planned Community District �17.26 I i ! i � FP Flood Plain Overlay District i 17.28 f j � �____.__ __. .—_�. � j A Single-5tory Overlay District ��u �T� 17.28 i � ;�_w_______._._.Y. • _ T� _ I E �W Equestrian Overlay District 17.28 � I 4 �� P � Parking Overlay District � 17.28 i � PUD Planned Unit Development District 17.16 I � � ____ _._ _____ �.�..._. SECTION IV: OMC Section 17.10.030 is hereby amended to add and delete the following, which shall read as follows: 17.10.030- Conditional Use Permits. A. Purpose and Intent. The City recognizes that certain types of land use, due to the nature of the use, require special individual review. Such review is required to determine whether the proposed use, or the location of the use, is compatible with surrounding uses or can be made compatible through the imposition of development conditions. The conditional use permit is established to facilitate such review. B. Initiation and Application.Initiation and application for a conditional use permit shall be made pursuant to Section 17.08.030 of this Title. ' C. Conditional Use Permits Reviewed by Planning Commission. 1. The Planning Commission shall hear applications made for all conditional use permits with the exception of those made to the City Council or Zoning Administrator, pursuant to Sections 17.10.030 (D and E). At least one noticed public hearing shall be held for a conditional Use permit application. Also, the Planning Commission shall hear any conditional use permit application which has been submitted in conjunction with any other application subject to Planning Commission review. 2. The Planning Commission shall make a finding by resolution stating its authority to grant, deny or make a recommendation to the City Council regarding the conditional use permit. The granting or revocation thereof shall conform to Subsections F, G, and H of this � section. 3. Due to the nature of some specific uses, special conditions may apply beyond those outlined in this section. The special conditions, where applicable, are contained in Chapters 17.13 of this Title. D. Conditional Use Permits Reviewed by City Council. The City Council shall have the final authority to review and determine the following conditional use permits. 1. Alcoholic beverage sales in conjunction with sale of motor fuel, and off-sale of alcoholic beverages in industrial zones. 2.- Hazardous Waste Facility applications pursuant to Chapter 17.42. 3.- Heliports pursuant to Section 17.13.030. 4. Hospital expansions or new construction pursuant to Section 17.13.050. 5. Planned Unit Development applications pursuant to Chapter 17.16. 5 E. Conditional Use Permits Reviewed by Zoning Administrator. l. The Zoning Administrator shall have the authority to review the following conditional use permits: a. Permits to allow amusement arcades in appropriate zones as prescribed. b. Permit for large family day care homes, subject to special criteria and hearing requirements set forth in Section 17.14.060. c. Permits for collection or processing facilities (recycling) subject to standards set forth in Section 17.13.050. d. Habitable accessory structures as set forth in Section 17.14.160. e. Instructional Uses exceeding the uses'base parking demand Special Use Regulation as set forth in Section 17.13.050. F. Requirements for Granting Conditional Use Permits. Conditional use permits may be heard and decided provided that findings are made based on the following guidelines: 1. A conditional use permit shall be granted upon sound principles of land use and in response to services required by the community. 2. A conditional use permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located. 3. A conditional use permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located. 4. A conditional use permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. 5. In the Flood Plain Overlay zones a conditional use permit shall include a finding that the proposed project, alone or in combination with existing developments, will not endanger life, restrict the carrying capacity of the regulatory floodway, increase flood heights, or increase flood velocities. G. Approval May Be Conditional. In granting any conditional use permit, the reviewing body may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this code and punishable under this code. The reviewing body may prescribe a time limit within which the action for which the conditional use permit is required shall be started, completed or both. H. Revocation of Conditional Use Permits. 1. A conditional use permit granted in accordance with the terms of this chapter shall be revoked if: a. It has not been used in accordance with the terms of approval; b. Was obtained under fraud or misinformation; or 2. A conditional use permit may be revoked if any of the conditions or terms are violated, or if any ordinance or other provision of law is violated in connection with the permit. 6 The Planning Commission shall hold a public hearing to determine if the terms of the conditional use permit are being violated in addition to any other ordinance or provision of law, and shall make a recommendation to the City Council. The City Council shall make the final determination on a revocation. I. Expiration of Conditional Use Permits. Approved conditional use permits shall become void under the following circumstances: 1. If the use has not commenced, or if substantial construction has not begun within twenty- four (24) months after the date the conditional use permit was approved. However extensions of time may be granted in accordance with Section 17.08.060 of this title; 2. Unless otherwise provided in Section 3, if the use has ceased to exist for more than one year; 3. Due to the nature of the following specified uses, if the use has ceased to exist for more than six months: a. Alcoholic beverage sales in conjunction with sale of motor fuel, and off-sale of alcoholic beverages in industrial zones; b. Antennas, wireless communication facilities; c. Amusement arcades; d. Bars; e. Billiard parlors; f. Liquor stores; g. Massage establishments; h. Restaurants with alcoholic beverage sales; i. Restaurants with on-site brewing and sale of beer; j. Sale of alcoholic beverages. SECTION V: OMC Section 17.10.060 is hereby amended to add and delete the following, which shall read as follows: 17.10.060 - Site Plan Review. A. Purpose and Intent. The site plan review process is established to provide a means of reviewing development projects to ensure that projects reflect the highest quality of land planning and design, that projects conform to City development standards, that new projects are compatible with surrounding development and neighborhoods in terms of scale, style and construction materials, that on and off-site circulation is adequate to support the project; that City services are adequate and available, and to ensure the maintenance, restoration, enhancement and protection of the environment. 7 B. Initiation and Application. Applications for site plan review shall be filed in accordance with submittal requirements as determined by the Community Development Director. Additional information may be requested from an applicant to allow for thorough site plan review of a project. C. When Site Plan Review is Required. Site plan review shall apply to any new use of previously vacant land,new construction,or rehabilitation or expansion of existing structures in all zones. Exception: Site plan review shall not be required for construction of a new single-family residence,or rehabilitation of an existing single-family residential structure in zoning districts permitting such use. Expansion of an existing single-family residence is also exempt from site plan review; provided, that such expansion does not result in the creation of any additional dwelling unit(s). D. Minor Site Plan Review. 1. Criteria. Any proposal meeting the criteria below may be considered a minor site plan unless the Community Development Director determines that the special circumstances relating to the project warrant review as required for major site plan review.These criteria correspond to those projects identi�ed by the California Environmental Quality Act (CEQA) as being categorically exempt. a. Additions to existing structures provided that the addition will not result in an increase of more than ten thousand (10,000) square feet if the project is in an area where all public services and facilities are available to allow for ma�cimum development permissible in the general plan, and the area is not environmentally sensitive. b. Construction of six or fewer residential units on a single parcel,when only one parcel is being developed. c. Construction of up to three small commercial or industrial structures, not involving the use of significant amounts of hazardous substances, and designed with a maximum occupancy load of thirty(30) persons. d. Conversion of a residence to a nonresidential use within zones permitting such use. e. Remodeling or reuse of an active or idle service station, or conversion of any portion of a service station to another use as required in Sections 17.13.040 and 17.13.050. f. Creation of lots or building sites with no direct access to a public street. g. Establishment of mobile homes as a residence for a caretaker, custodian, or guard at recreational, equestrian, industrial, and institutionallocations. h. Moving any existing structure or building onto a building site from another location or building site. i. Restriction of access to any required parking spaces on any property by means of fencing or gating. j. Construction of an attached or detached garage in any residential zone, where the garage door exceeds eight feet in height. 8 k. Parking management plans for churches or religious assembly uses in industrial zones pursuant to Section 17.13.040. 2. Procedure. The Community Development Director, pursuant to Section 17.08.020.E, shall be responsible for minor site plan review. Once an application for minor site plan review has been deemed complete, the Community Development Director shall, in conjunction with a staff review committee designated by the City Manager, consider and approve, approve with conditions, deny or refer the project to the Design Review Committee and/or the Planning Commission.A continuance may be granted upon mutual consent of the applicant and the Community Development Director. Appeals from decisions by the Community Development Director shall be made in accordance with the City appeal procedures set forth in Section 17.08.050. E. Major Site Plan Review. 1. Criteria. Any proposal exceeding the criteria for minor site plan review shall require major site plan review. 2. Procedure. Community Development Director and Design Review Committee shall serve as the preliminary reviewing bodies for major site plan review. Once an application for major site plan review has been deemed complete, both the Community Development Director and Design Review Committee shall independently consider and make a recommendation to approve, approve with conditions, or deny the project. A continuance may be granted upon mutual consent of the applicant and Community Development Director.The recommendations shall be forwarded to the Planning Commission secretary for placement on the Commission's consent calendar, and shall be noticed as provided for in Section 17.08.040 of this title. Procedures for acting on consent calendar items shall be established by the Planning Corrunission and shall be adopted by resolution. The Commission, in considering a site plan review application, shall review the recommendations of the Community Development Director and Design Review Committee. The Commission shall act to approve, approve with conditions or deny the application. A continuance may be granted upon mutual consent of the applicant and Planning Commission. Planning Commission action shall be deemed final unless an appeal to the City Council is filed within fifteen (15) days of the decision in accordance with Section 17.08.050. F. Site Plan Review Criteria. In addition to project review for compliance with the development standards of the underlying zoning district and other applicable ordinance provisions,site plan review will include review of those development qualities which are not subject to precise definition in the regulations of each zone. The following criteria are listed to illustrate the issues to be considered by the Community Development Director andlor Planning Commission in project review and determination: 1. Compatibility of the Project With Surrounding Development and Neighborhoods. a. The development shall be consistent in size and scale with surrounding development. b. The building design and materials shall be compatible with the character of the surrounding area. c. The building design shall consider and respect the privacy of adjacent residents. 9 d. Building and site design shall be consistent with any applicable design guidelines. e. Projects within redevelopment project areas shall be consistent with project area goals. f. Development shall have adequate buffering to screen exterior trash, loading and storage areas from view of adjacent streets and structures, and to minimize impacts of noise and lighting. g. Projects in historic districts shall comply with applicable design standards. 2. Building/Site Planning Issues. a. Building setting and grading sha11 consider the existing topography,and grading shall blend contours with those of adjacent properties, consistent with City landform grading guidelines. b. Building bulk and massing shall consider the size, shape and location of the site. c. Mechanical equipment shall be screened from view of adjacent streets and structures, in a manner which is architecturally compatible with the building design and materials. d. All signage shall be integrated with building design. 3. Circulation/Traffic Safety, On and Off-Site. a. Site access points shall be located so as to promote safe site access and egress, and cause minimal disruption to public street traffic flow. The following guidelines should be used in locating access drives: i. Minimize the number of driveways/access points serving a single site. ii. Provide for reciprocal access between adjacent parcels where possible. iii. Provide adequate sight distance for drivers at all entrances, exits, drive aisles and roadways,per City Standard Plan 126. iv. Locate site access points a safe distance from street intersections, and from other streeddriveway intersections. Factors to consider include: (a) Specific characteristics of the abutting public streets,including street width, capacity, traffic volume, curvature, gradient, design speed, and intersection characteristics; (b) Specific characteristics of the proposed site and development plan, including site size, shape, topography, and traffic generation potential; (c) Characteristics of the surrounding land uses, including existing and potential traffic generation rates, peak hour usage, and potential for reciprocal access. b. Interior site drive aisles shall align in a manner which promotes ease of circulation, and minimizes traffic and pedestrian/vehicular conflicts. 10 4. City Services. a. Projects shall employ concepts of crime prevention through environmental design, . and shall provide for site access to accommodate emergency services (police, fire). b. Trash receptacles shall be placed throughout the site in locations and numbers adequate for usage and accessible for pickup. 5. Environmental Protection. All projects shall be evaluated in accordance with the provisions of the California Environmental Quality Act. a. Projects shall minimize the disruption of existing natural features such as vegetation, topography and ground features. b. All streambed modification proposals shall identify compliance with California Department of Fish and Game requirements. c. Projects shall make every attempt to preserve historic properties and landmarks. G. Conditions of Approval. The Community Development Director may recommend or require reasonable conditions of approval which may include,but not be limited to those items listed below. The Design Review Committee may recommend conditions of approval for major site plan review in accordance with Section 17.10.070(E). 1. A revised site plan; 2. Modi�cations of building height,bulk, mass or scale; 3. Increased setbacks; 4. Division or sound walls; 5. Mitigation of potential project related environmental impacts; 6. Increased open space; 7. Screening of parking areas, trash receptacles, mechanical equipment, storage areas; 8. Increased landscaping; 9. Relocation of buildings; 10. Revised interior circulation or parking area design; 11. Off-site improvements: 12. Revised grading plan; or 13. Any other changes or additions the Committee feels are necessary to further the goals of the site plan review process. H. Findings Required. Findings shall be made as follows in conjunction with any project approval. 1. That the project design is compatible with surrounding development and neighborhoods; 2. That the project conforms to City development standards and any applicable special design guidelines or specific plan requirements; 11 3. That the project provides for safe and adequate vehicular and pedestrian circulation,both on- a� d off-site; 4. That City services are available and adequate to serve the project; 5. That the project has been designed to fully mitigate or substantially minimize adverse environmental effects. I. Expiratio�. If not utilized, project approval expires two years from the approval date. Extension of time may be granted in accordance with Section 17.08.060. SECTION VI: OMC Section 17.12.020 is hereby deleted in its entirety and marked reserved: 17.12.020—Reserved. SECTION VII: OMC Chapter 17 is hereby amended to add Chapter 17.13, which shall read as follows: Chapter 17.13 Master Land Use Table 17.13.010 Purpose and Intent. The purpose of the City of Orange Master Land Use Table is to identify and facilitate the interpretation of appropriate locations for uses of land within the City. The list of uses in the Master Land Use Table are intended to complement the Chapters of Title 17 devoted to land use districts and further the implementation of the General Plan. 17.13.020 (Reserved) 17.13.030 Permitted Uses A. Table 17.13.030 indicates all uses permitted (P), permitted by conditional use permit (C), permitted as an accessory use(A), and not permitted(-)in all zones.Permitted and accessory uses marked with an asterisk (*) are subject to special use or development conditions outlined in Section 17.13.040. Conditional uses marked with a plus (+) also have special use or development standards as outlined in Section 17.13.050. Conditional uses marked with a pound symbol (#) must conform to special provisions contained in Section 17.14.070 (V & W), as well as City Council policy. Uses designated with a+, * or, # correlate to the "Additional Standards" code references listed in the far right column of Table 17.13.030. B. All uses are subject to compliance with the development standards contained in their respective chapters and must comply with parking standards contained in Chapter 17.34. C. All developments are subject to applicable malcimum FARs contained in the City of Orange General Plan. 12 AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE , INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � .• . . . •. ' � � Accessory Uses—.Includes uses defined,by Orange Municiqal Code Section 17.04.020. . � � - � � � � • Accessory Structures, A/P*/ A/P*/ A/P*/C+ A�p*� A�P*� A�P*� A�P*� - - - - - - - - - - - - - - - - - - - - Attached and Detached C+ C+ C+ C+ C+ C+ Antenna,Private Satellite A* A� A* A* A* A* A" A* A' A' A* A* A* A' A* A* A# A* A' A* A* A* A* A* A* A* A* Dish Antennas,Amateur A* A* A. p: q* A* A* A* A* A* A* A' A* A* A* A* A* A* A* A* A" A* A" A* A* A* A* Radio Antennas,Other A* A* A* A* A�` A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Antennas,Private A■ Ax A: As A* A« A* A# A* A* A* A* A* A* A* A� A* A: A� A+ A� A* Aa A�e As Ax A� Radio/N Antennas,Satellite Dish A'" A* A" A* A* A'� A'� A" A* A* A* A* A* A* A* A* A'� A* A* A* A* A` A" A* A* A* A'� � Drive Through Windows „ �1� - - - - - - - - c+ c+ c+ c+ P - - - c+ c+ c+ c+ - - - - - - - Garage or Yard Sales A* A* Ak A* A* A" A" - - - - - - A* A* A* A" A* - - - - - - - - . - Heliports or h,elistops - - - - - - - C C C C C C - - - A A C C - - - - - - - Home Occupation A* A* A* A" A* A* A* - - . - - - - A* A* A'" A* A* - - - - - - - - - Repair shops,gareges or covered storege bins,or other accessory structures associated A with allowable uses in the sand and grevel zone Structure,permanentin applicable flood zone - - - - - - - - - - - - - - - - - - - - - - - - - C - districts Structures and mechanical equipment associated with the sand A and gravel zone 13 AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � .• . . . •. ' � � , , . : , , .-, � . . , -..; � . . ., , , .. , _ ; , .� ,� � , ' : . " - . .- - , , 'A riculture/Horticuiture Uses=lncludes uses releted to the growin of yegetat�on for food or ornamental;landsca .in ' � " � ° °= � , .g:. �, .. . , .. ..... . , . ; ,: g . p g � Agriculture/Horticulture - P* P* - - - - - - - - - - - - - - - P P P P P - P* P* P Commercial Nursery with �+ C+ C+ C+ C+ C+ C+ - - - - - - - - - - - - - - - - - - - - Seasonal Sales Greenhouse - - - - - - - - - - - - - - - - - - P P - - - - - - - Plant.nurseries,retail - - - - - - - - P P P P C P P , P P P P P - - - - - - - n Row crops - - - - - - - - - - - - - - - - - - - - P P - - - - - Tree and Shrub Farm C+ C+ C+ C+ C+ C+ C+ - - - - - - - - - - - - - - - - - - - - Tree crops and orchards - - - - - - - - - - - - - - - - - - - - P P P - - - - , ,,; ;;,. �� .; ... � . . >> . ,.:, , t -.. ,, . =1ncl e n activiti s related to,the raism -breedm feedin � ke`e°`in `oar in `veteri 'r � �f � " i `I '�f ' ,Animal Uses .. . utl s a .Y __e . b,_ . , .. g..: p g,.b.... .d g,.- . , nary.ca e o,or d s a ,o animals: �:. s . .. � ., g,:_ p Y � � ,:; , . . , ., ' . .. AnimafKeeping P� P* P" P* P* P* P* - - - - - - - - - - - -. . - - - - - - - - Animal Raising and Keeping in excess of - - - - - - - - - - - - - - - - . - - - - C+ - - - - - - specified limits Animal Raising—Large * Animals - - - - - - - - - - - - - - � - . - - - - - P - - - - - - Animal Raising—Small * Animals - - - - - - - - - - - - - - - - - - - - P C+ - - - - - Animal Raising—Wild Animals - - - - - - - - - - - - - - - - - - - - - - - - - - - Apiary - - - - - - - - - - - - - - - - - - - - P* - - - - - - Dairy,commercial - - - - - - - - - - - - - - - - - - - - C - - - - - - Dog and cat grooming - - - - - - - - P P P P - — P P P P - - - - - - - - - w/o boarding Dog and cat grooming with boarding - - - - - " ' - - � C C C - - - - - - - - - Egg ranch and farm, commercial - - - - - - - - - - - - - - - - - - - - � - - - - - - Fishing pond or stream - - - - - - - - - - - - - - - - - - - - P P - - - - - 14 - AGRICULTURAL SAND& ZONING � RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � .� • . . •• ' � � Hatcheries - - - - - - - - - - - - - - - - - - P P - - - - - - - Hog and livestock feeding - rench(including feeding - - - - - - - - - - - - - - - - - - - - - - - - - - - of garbage or offal) Hog and livestock feeding ranch{not including feeding of garbage or � offal) Keeping oF Horses and _ _ A,� _ � � Livestock Kennels,Dog - - - - - - - - - - - - - - - - - - . C+ C+ C+ - - - - - - Stables - - - -� - - - - - - - - - - . - - - - C C C C - - - - - Veterinary clinic,animal ' hospital(boarding � permitted only as part of P P P P P P P P medical treatment) Veterinary clinic,animal hospital with boarding - - - - - - - - - - - - - - C C C C - - - - - - - - - Veterinary clinics and livestock animal hospitals " " " - - - - - - - C C - - - - - Zoo - - - - - - - - - - - - - - - - - - - - C C - - - - - Autoriiotive Uses-lncludes,uses refated to�automobiles incl�uding but not limited to service,repair,maintenance;fueling,cleaning,transport,storage,sales;rental,-licensing, manufacturing(including , , , . . : � . : . . . . . _ Parts and wreckin . This,cate o� includes boats "trucks"motorc cles trailers recreational vehicles or an `otFier vehicle re uirin licensin 'or re istration from tlie:Califorriia De artment of`Motor : . . ;), . . g , . . . g rY . , , .. _ Y . , .: � <:. • ,. > .. . � . y .. . ,,.� .q,,. g .. g g, . p . ,,.. ,. � .�. .:.. , � � . . . ,. .. . . _,. , ... . u, . � , . ., : . �,. 'Veh�cles. In industrial_zones;any industriat production,processing,cleaning;testing,repair,storage,or similar act�vities,with"an outdoor component;shall require�a conditional�use permit when�' ` conducted within three hundred (300)feet of any residential�district. ,- � ` ��, ' � - . . - ` � � - � � " � Auto'Accessories-sales, . service or,installation � (such as automobile alarm,phone or stereo - - - - - C C C C A* - - - C C P P - - - - - - - installation,tires, batteries) 15 � AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � .• . . . •. ' � � Automobile Accessories, Sale of5ervices Related to the Retail Merchandising of Auto - - - - - - - P* - - - - - - - - - - - - - - Accessories in the Commercial Recreation (CR)Zone. Automobile body shop - - - - -- - - - - - - - - - - - - - P P - - - - - - - Automobile broker— retail sales P P P P P Automobile broker— wholesale sales P P P P P Automobile parts and supplies,Assembly P P � Automobile Rental Agency(with on-site auto - - - - - - - - C C C C - - - - - C P. P - - - - - - - storage) � Automobile repair— major - - - - - - - - - - - - - - - - - - P P - - - - - - - Automobile repair— minor,on properties adjacentto residential - - - - - C+ C+ C+ C+ - - - - - - - - - - - - - - - districts Automobile repair— minor,on properties not , * , , adjacent to residential P P P P districts Automobile repair— Vehicles of historic value (perCaliforniaVehicle P* P# Code) Automobile sales and related service activities - - - - - C+ C+ C+ C+ . P - - - - C+ C+ C+ - - - - - - - Automobile sales— Vehicles of historic value (per California Vehicle - - - - - - - - - - - - - - A* A* - - - - - - - - - - - Code) 16 AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERWY GRAVEL � . . . . . ' � � Automobile service P*/ P*/ ' stations or gas station - - P*/C+ �+ P*/C+ �+ - - - - - Ct P* P" - - - - - - - Automobile wrecking, salvage and storage � Boat sales and service - - - - - - - - - - C C P - - - - - C+ C+ - - - - - - - Car wash/auto detailing - - - - - - - - C C C C - - - - C C - - - - - - - Motorcycle sales and - - - - - - - C C C C P - - - P P - - - - - - - - - service Overnight truck trailer stop - - - - - - - - - - - - - - - - - - C C - - - - - - - Parking structure - - - - - - - - - - - - A - - � - - - P P - - - - - - - Parking lot/structure, private(stand alone) - - - - - ' - � C C C C - - - - - - - - - Recreational vehicle sales and service - - - - - - - - - - - - - - - - - - C C - - - - - - - Recreational Vehicle �+ C+ C+ C+ C+ C+ C+ - - - - A - - - - - - - - - - - - - - Storage Facility Tire sales and installation - - - - - - - - - - - - - - - - - - P P - - - - - - - Truck Repair(more than 1 ton capacity) - - - - - - - - - - - - - - - - - - - - - - - - - - - Truckterminals - - - - - - - - - - - - - - - - - - C C - - - - - - - Truck wash - - - - - - - - - - - - - - - - - - A A - - - - - - - Used car sales(with no service facilities) - - - - - - - - - - C C - - - - - - - - - - - - - - - , . . . . . .. . . - Care_Facility-.Includes uses that provide for non-24-hour care of children,elderly,or developmentally disabled persons. ` :. ' ' Child Care Center - - - - C C C - - - - - - C C C C C - - - - - - - - - Child Care Center in conjunction with a C C C C C C C - - - - - - - - - - - - - - - - C - - - church or school or other similar institutional use Community Care Facility - - - - C C - - - - - - - - - - - - - - - - - - - - - 17 AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � .• . . . •. ' � � Day care,child or elderly - - - - - - - C P* P* P* P* - C* C* C* P* P* - - - - - - - - - Family Day Care Homes- �+ C+ C+ C+ C+ C+ C+ - - - - - - - - - - - - - - - - - - - - Large(7 to 12 children) Large Family Day Care P� P* P* p,� p* p* P* - - - - - - - - - - . - - - - - - - - - - Homes Family Day Care,Large 9- P� P* Pk p� p* P* P* - - - - - C+ C+ C+ - - - - - - - - - - - 14 children Family Day Care,Small 8 P P P P P P P P P P or fewer children Entertainment Uses-Includes uses facilitating group or individual engagement in games,physical activity or,auditory or visual presentations for the purpose of amu_sement. Such'uses include spectating of events.with the�mes related to competitions,theatrics, playing of music,or showing films. . � . Amusement Arcade - - - - - - - - C+ C+ C+ C+ C+ C+ C+ C+ C+ C+ - - - - - - - - - Amusement devices, including,but not limited to,video games,pinball A* A* A* A* A* A* A* A* A* A* _ _ _ _ _ _ _ _ machines,pool tables, . computers and similar � devices(three or fewer) Amusement Park - - - - - - - - - C C C P - - - - - - - - C - - - - - Archery Range - - - - - - - - - - - - - - - - - - - - C C - - - - - Auditorium - - - - - - - - - - - - - - - - - - C C - - - - - - - Billiard Parlor - - - - - - - - C+ C+ C+ C+ P C+ C+ C+ C+ C+ - - - - - - - - - A"/ A*/ A"`/ A*/ A*/ A*/ A*/ Bingo Games - - - " - - - C+ A*��+ C+ C+ C+ C+ A*��+ A*/C+ A*/C+ A*/C+ �+ C+ A� Boating - - - - - - - - - - - - - - - - - - - - C C - - - - - Commercial Recreation Facility - - - - - - - - - - - - P - - - - C C C - - - - - - - Commercial Sports Facility - - - - - - - - - - - - P - - - - - - - - - - - - - - Dance floor as accessory _ _ _ _ _ _ - C+ C+ C+ C+ P C+ C+ C+ C+ C+ - - - - - - - - - use 18 AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � .• . . . •. ' � � Dance floor or hall as primary use - - - - - - - - C C C C P - - - - - - - - - - - - - - Dance hall - - - - - - - - - - - - - - - - - - C C - - - - - - - Entertainment _ _ _ _ _ _ _ C+ C+ C+ C+ P C+ C+ C+ C+ C+ - - - - - - - - - establishment Fortunetelling - - - - - - - C+ P* P* P* p* - p* p* p* p• p* _ _ _ _ _ _ _ _ _ Miniature golf course - - - - - - - - - C C C P - - - - - - - - - - - - - - Sexually Oriented/Adult - * * Businesses - - - - - - - - - - - P - - - - - - - P - - - - - - - Skateboard park - - - - - - - - - C C C P - - - - - - - - - - - - - - Skating rink - - - - - - - - - C C C P -. - - - - C C - - - - - - - Stadium;grendstand, other arena - - - P - - - - - C C C C - - - - - Theater,drive in - - - - - - - - - - C C P - - - - - C C - - - - - - - Theater,walk in movie or performance - - - - - - - - P P P P P P P P P P C C - - - - - - - , - , Food and/or Alcohol Uses—.Includes uses that process, manufacture, package,.prepare,distribute,store,sell or,serve food and/or alcoholic beverages. ` : - : ' � , Alcohol distillation; _ _ _ _ _ _ _ _ _ _ _ _ _ - - C C - - - - - - brewery or winery � Bars - - - - - - - - - C+ C+ C+ C+ - - - - - - - - - - - - - - Cottage Food Operation A* A# A* A* A* A" A* - - - - - - A* A* A* A* A* - - - - - - - - - Drive-in dairy 1 - - - - - - - - C+ C+ C+ C+ - - - - - - - - - - - - - - _ Hot Dog Vending Carts - - - - - - - C+ C+ C+ C+ C+ - - - - - - C+ C+ - - - - - - - Liquar store - - - - - - - - C+ C+ C+ C+ - C+ C+ C+ C+ C+ - - - - - - - - - Packaging and processing,food - - - - - - - - - - - - - - - - - - P P - - - - - - - Packing plant for whole agriculturel products � - � 19 AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � . . . . . ' � � Restaurants or Other Businesses with Drive- Through Services in the - - - - - - - - - - - - P* - - - - - - - - - - - - - - Commercial Recreation (CR)Zone 1 Restaurants w/alcoholic bevereges sales " - - - - - C+ C+ C+ C+ C+ C+ C+ C+ C+ C+ C+ C+ - - - - - - - Restaurants w/drive thru or take out window 1 - - - - - C+ C+ C+ C+ P* - - - C+ C+ C+ C+ - - - - - - - Restaurents w/o alcoholic beverage sales - - � P P P P P C P P P P C C - - - - - - - Restaurants w/on-site brewing and sale of beer - - - - - - - - C+ C+ C+ C+ C+ C+ C+ C+ C+ C+ C+ C+ - - - - - - - or wine Restaurants w/walk-up take out window - - - - - - - - - - - - - C P P P P - - - - - - - - - Sale of alcotiolic beverages " � - - - - C+ C+ C+ C+ C+ C+ C+ C+ C+ C+ - - - - - - - - - Sandwich shoP(1)(2)(3) - - - - - - - P P P P P P* P P P P P - - - - - - - - - Wine tasting - - - - - - - - - - - - - C+/A C+/A C+/A C+/A C+/A C C - - - - - - - Housing—.Includes all structures permitted as living quarters whether they be for short or long-term occupancy. Includes all uses identified in California Building Code definitions that are preceded with main entry words(key terms)that include one of the following:Dwelling, Unit, House,Housing, Congregate, Residence, Multifamily, Dormitory, Home(s), Hotel, Motel, Residentiel Care Facility, Residential Facility or,Lodging: ` - ` � - � Accessory Dwelling Unit A* A'� A* - - - - - - - - - - - - - - - - - - - - - - - - Bed and Breakfast Inn - - - C+ C+ C+ - C+ C+ - C+ - - C+ C+ C+ - - - - - - - - - - - Boarding and Lodging _ _ C C - - - - - - - - - - - - - - - - - - - - - Houses ' Caretaker residence/Caretaker - - - - - - - A* A* A* A* A* - - - - - - A* A" A" A* - A* - - A` mobile home Condominiums - - - P* P* P* - - - - - - - - - - - - - - - - - - - - - 2� AGRICULTURAL SANo& ZONING RESIDENTIAL COMMERCIAL MIXED USE iruousrRiA� OPEN SPACE PI OVERLAY GRAVEL � . . • . . ' � � Congregate Care (assisted living)Home P* P* P* P* P* P* P* Health Facility(6 or P P - - - fewer persons) Convalescent facility, skilled nursing facility - P P - - - " - - - - - Convalescent hospital - - - - C C - C C C C C - - - - - - - - - - - - - - - Conversion of multi- family units _ P* P* P* P* P* (condominium - - - - - - - - - conversion) Duplex - - - P�` P* P* - - - - - - - - - - - - - - - - - - - - - Fraternity,sorority - - - - C C - C - - - - - - - - - - - - - - - - - _ _ Guest house - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ A Home for Elderly,or mentally,or physically P* P* P* P,� P,� P� P* disabled persons(6 or - - - - - - - - fewer persons) Homeless shelter - - - - - . - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ P* P* Hotels - - - - - - - - C+ C+ C+ C+ P C+ C+ C+ C+ C+ - - - - - - - - - Motels - - - - - - - - C+ C+ C+ C+ P - - - - - - - - - - - - _ _ Housing Related to Church,College or - - - - - - - - - - - - - - - - - - - _ _ _ _ q* _ _ _ Hospital Live/work units - - - - - - - - - - - - - P* P* P* P* P* - - - - - - - - - Mixed use development " - - - - .- - - - - - ' P` P" P' P" P` - - - - - - - - - Mobile Home Park C C C C C C C - - - - - - - - - - - - - - - - - - - - Mobile Home,Modular, or Manufactured P P P P P P P Housing Unit with C+ permanent foundation 21 AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � . . . . . ' � � Mobile Home,Modular, or Manufactured Housing Unit without P - " - - P'� P* - - - - - C+ - permanent foundation Multi-family housing as a stand alone development not in conjunction with a P* P* P* P* P* mixed use development Multi-family housing in conjunction with a mixed - - - - - - - - - - - - - p* p* p* p* p* - - - - - - - - - use development Multiple-Family Dwelling - - - P'" P* P" - - - - - - - - - - - - - - - - - - - - - Planned Unit �+ C+ C+ C+ C+ C+ - - - - - - - C+ C+ C+ C+ C+ - - - - - - - - - Developments Residential structure - - - - - - - - - - - - - - - - - - - - - - - - - C - Rest home - - - C C - C C C C C - - - - - - - - - - - - - - - Sanitarium - - - - C C - - - - - - - - - - - - - - C - - - - - - SeniorCitizen Housing Development - - - C+ C+ - C+ C+ C+ C+ C+ - C+ C+ C+ C+ C+ - - - - - - - - - Senior Housing P P P P P P P C+ C+ C+ C+ C+ - P P P P P - - - - - - - - - Single-Family Dwelling P# P P P P P - P - - - - - Px P* P* - - - - P - - - - - - Sober Living Facility P' P* P* P* P* P* P` - - - - - - - - - - - - - - - - - - - - Supportive hou5ing(6 0� P* P� P� P# P* P* P,� P* P* P* _ _ _ _ _ _ _ A* _ fewer persons) Supportive Housing(7 or more pesons) - - - C+ C+ - - - - - - - p* p* p* - - - - - - - A* - - _ Transitional housing(6 or P* P* P* P* P* P* P* P* P* P* A* fewer persons) Transitional housing(7 or more persons) - - - - C+ C+ - - - - - - - P* P* P* - - - - - - - A* - - - 22 AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � .• • . . •. ' � � Medical Uses—Includes uses that provide for medical transport,consultation,examination,diagnosis,care;freatment,operation,or prescriptive needs. ' -. `` - Ambulance Service - - - - - - - - C C C C - - - - - - P P - - - - - - - Hospital - - - - C C - C+ C+ C+ C+ C+ - - - - - - - - C - - C - - - Medical clinic - - - - - - - - - - - - - - - - - - P P C - - - - - - Pharmaceuticals, production - - - - - - - - - - - - - - - - - - P P - - - - - - - PharmacY(1)(2)(3) - - - - - - - P P P P P P* P P P P P - - - - - - - - - , - . . . _ , . - Miscellaneous Uses—Includes uses with characteristics that could appear similar to other land use categories but are distinguisliable by potential operational variations that would cause the use to be classified in�multiple land use categories. ln industrial zones,any industrial production, processing,cleaning,testing, repair,storage,or similar activities with an outdoor component,shall require a conditional usepermi,t when conducted within#hree hundred (300)feet of.any residential district, . _ .. eackfilling,with inert materials - - - - - - - - - - - - - - - - - - - - - - - - - - P Contractor's yards - - - - - - - - - - - - - - - - - - P . P - - - - - - - Conversion of a residential structure to a - - - - - - - P* P* P* P* P* P* P* P' P* - - P# P* - - - P* - - - nonresidential use Creation of a lot without frontage on a public P* P* P* P* P* p* P* P* p* P* p* F* p* - - - - - P* P* - - - - - - - street Highway maintenance yards and facilities � Integrated industrial or commercial complex - - - - - - - - - - - - - C+ C+ - - - - - - - Laboratory;research and _ development P P Movie Production Studios - - " - " - - - - P C. C C - C - - - - - - - - - Moving an existing P, P* P* P* P„ P* P,� P* P: P* p* ps - P* P* P* P* P* P* P* - - - P* - - A• structure or building Outdoor uses within 300 feet of residential zones - - - - - - - - - - - - - - - - C+ C+ - - - - - - - Recording Studios - - - - - - - - - - - P P C C C - P - - - - - - - - - 23 AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � .• . . . •. ' � � Small buildings(200 sf or less) " - - - - - C+ C+ C+ C+ - - - - - - - - - - - - - - - Office��Uses—Includes uses defined.�"Office, Professional'' by Orange Municipal Code Section 17:04.034. �� . �� - � � � � � � � � �. � �� . � � �.. Charitable Institutions - - - - C C - - - - - - - - - - - - - - - - - - - - - Office,Administretive, comprising less than 25% - - - - - - - - - - - - - - - - - - A A - - - - - - - gross sq.ft. Office,Professional - - - - - - - P P P P p p p p p P P C C - - - P* - - - MedicalOffices - - - - - - - P P P P P - P P p P P - - - - - P* - - - Real EState Offite, P# P* P# P* P* P* P* P# P* P# P* P* _ _ _ Temporary Stock or bond broker - - - - - - - P P P P P p p p p p p - - - - - - - - - . _ _. . _ , . ,. , . . - - Production/Wholesale Uses—Includes uses engaged in extraction, processing, refining,assembling; packaging,or manufacturing from raw materials,and the wholesale_sales resulting from the,process. In industrial zones;any industrial production, processing,cleaning;testing, repair,storage,or similar activities with an outdoor,component,shall require a conditional use permit when conducted�within � three hundred (300)feet of any residential district. (4) - . ` - " , - , � Agricultural equipment - - - - - - - - - - - - - - - - - - P P - - - - - - - Asphalt - - - - - - - - - - - - - - - - - - - C - - - - - - - Bindings;rope and wire - - - - - - - - - - - - - - - - - - P P - - - - - - - Blast Furnace;coke oven - - - - - - - - - - - - - - - - - - - C - - - - - - - Bottling plant - - - - - - - - - - - - - - - - ' - - P P - - - - - - - Brick;ceramic tile, precast concrete P . Building components (including assembly of - - - - - - - - - - - - - - - - - - p P - - - - - - - windows,doors,etc.) Casting from refined materials P P Cement,lime,gypsum,or plaster - - - - - - - - - - - - - - - - - - - C - - - - - - C 24 AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVER�AY GRAVEI � . . . . . ' � � Chemicals such as: Acetylene gas,Acid, Ammonia,Chlorine, ' - - - " - - - - - - - C+ - - - - - - - Fertilizers Drop forge industries - - - - - - - - - - - - - - - - - - - C - - - - - - - Electronics,Electrical parts and supplies - - - - - - - - - - - - - - - - - - P P - - - - - - - Explosives - - - - - - - - - - - - - - - - - - - C - - - - - - - Fertilizers - - - - - - - - - - - - - - - - - - - C+ - - - - - - - Furniture . � - - - - - - - - - - - - - - - - - - P P - - - - - - - Gasoline and other fuels - - - - - - - - - - - - - - - - - - - C - - - - - - - Glass - - - - - - - - - - - - - - - - - - P P - - - - - - - Hardware/Lumber - - - - - - - - - - - - - - - - - - p p - - - - - - - Manufacture from raw materials extrected on - - - - - - - - - - - - - - - - - - - - - - - - - - C site Manufacturing, processing,assembling and/or,warehousing of materials and products in conjunction with the - " - - - - P - A' A* A* A* A* - - - - - - - - - retail sales and service or � office functions related to such products Mechanical,Assembly - - - - - - - - - - - - - - - - - - P P - - - - - - - Mining,quarrying, extraction,excavation and removal of rock, sand,gravel and similar materials. Storege of - - - ' - - - - - - C+ C+ P such materials is limited to outside the flood plain. 25 AGRICULTURAL SAND& ZOIVING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY ��rtave� � .• . . . •. ' � � Newspapers - - - - - - - - - - - - - - - - - - P P - - - - - - - Oil or natural gas - - - - - - - - - - - - - - - - - - - C - - - - - - Plastic fabrication or lamination - - - - - - - - - - - - - - - . - - - P P - - - - - - - Plumbing parts and supplies - - - - - - - - - - - - - - - - - - P P - - - - - - - Printing plant - - - - - - - - - - - - - - - - - - P P - - - - - - - Refining raw materials(in copper,zinc or iron ores) - - - - - ' - - - C - - - - - - - Rock crushing;treatment - - - - - - - - - - - - - - - - - - - C - - - - - - - Ru6ber and its constituents - - - - - - - - - - - - - - - - - - - P - - - - - - - Sales and supply(of fuels) - - - - - - - - - - - - - - - - - - P P - - - - - - - Sheet metal fabrication - - - - - - - - - - - - - - - - - - p p - - - - - - - Smelting - - - - - - - - - - - - - - - - - - C - - - -. - - - Tar distillation - - - - - - - - - - - - - - - - - - - C - - - - - - - �. . . , . . , . Public,Social,or.lnstitutional Uses—Includes uses conducted by Federal,State,or County government,quasi=governmental corporations acting in a utility-providing capacity, institutions accommoda#ing religious worship, private clubs, private cultural centers, private convention facilities,and human internment preparations and burial. - _ - . Antennas,wireless A*/ A*/ A*/ A*/ A*/ A*/ A'/ A*/ C+ C+ C+ C+ C+ C+ C+ A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ - C+ - - - Communication C+ C+ C+ C+ C+ C+ C+ C+ � Art gallery - - - - - - - - P P P P P P P P P P - - - - - - - - - Assembly uses(clubs, lodges,and similar uses) - " - - - - � � C C C - - - - - - - - - Cemetery(not including C C C C C C C - C C C C - - - - - - C C C C - P - - - crematorium) Church C C C C C C C C C C C C - C C C C C P* P* C - - P - - - Community center - - - - - - - - P P P. P - P P P P P - - - - - P - - - 26 AGRICULTURAL SANo& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � . . . . . ' � � Convention center - - - - . - - - - - - - - P - - - - C - - - - - - - - - Country clubs,golf � courses,tennis clubs and - - - - - - - - - - - - - - - - - - - - C C - - - - - the like � Crematorium - - - - - - - - - - - - - - - - - - C C - - - P - - - Department of Motor Vehicles office - - - - - - - - - - - - - - - - - - - - - - - C - - - Landfills - - - - - - - - - - - - - - - - - - - - - - - - - - C Libraries,private C C C C C C - - - - - - - - - - - - - - C C - P - - - Mortuary(not including crematorium) - - - - - - C C C C C - � C C C C C - - - - - - - - - County,and other government buildings P Museum C C C C C C - - P P P P P P P P P P - - C C - P - - - Observatory - . - - - - - - - - - - - - - - - - - - - C C - - - - - Parks and athletic fields, private - - - - - - - - - - - - - - - - - - - - P C - - - - C Privafe clubs and lodges - - - - - - - C P P P P - - - - - - - - - - Public utilities installation or substation - - - - - - - - - - - - - - - - - - P P - - - - - - - Public utility buildings, structures,and facilities C C C C C C C - - - - - - - - - - - - - C C C P C C - (on less than one acre) Public utility buildings, structures,and facilities C C C C C C C - - - - - - - - - - - - - C C C C C C - (on one acre or more) Recreation facilities such as campgrounds, playgrounds,fishing lakes,equestrian users, - - - - - - - - - - C C - hunting clubs,trails,golf courses Transit facilities - - - - - - - - - - - - - - - - - - - - - - - C - - - 2� AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � •• . . . •. ' � � Recycling and Waste Uses—Includes uses collecting,processing,.or storing recyclable material,refuse/waste,or hazardous materials. In industrial zones,any industrial production;processing,cleaning, ... ,. testing, repair,storage,or similar activities with an outdoor component,shall require a conditional use permit viihen conducted within three hundred (3,00)feet of any residential district. (4) . � ' Collection facilities (recycling) " - - - - - - C+ C+ C+ C+ - - - - - - C+ P* - - - - - - - Collection facilities,small (recycling) - - - - - - - - - - - - - - - - C+ C+ - - - - - - - - - Collection facility - - - - - - - - - - - - - - - - - - C+ P* - - - - - - - Hazardous waste facility - - - - - - - - - - - - - - - - - - C+ C+ - - - - - - - Manure stockpiling or processing,commercial - - - - - - - - - - - - - - - - - - - - - - - - - - - Processingfacility - - - - - - - - - - - - - - - - - - C P - - - - - - - Ranches operating for disposal of garbage, - - - - - - - - - - - - - - - - - - - - - - - - - - - sewage,rubbish or offal Refuse transfer - - - - - - - - - - - - - - - - - - - C - - - - - - - Reverse vending machines(recycling) - - - - - - - - P P P P - - p+ P+ P+ P+ - - - - - - - - - inside a building Reverse vending machines(recycling) - - - - - - - - C+ C+ C+ C+ - - C+ C+ C+ C+ - - - - - - - - - outside a building Storage of hazardous or toxic materials in a flood - - - - - - - - - - - - - - - - - - - - - - - - - - - plain Retail Uses=Includes uses that predominantly sell go.ods to the public in relatively small quantities for use or consumption rather than for resale. � Adult Enterprise - - - - - - - - - - - P - - - - - - p - - - - - - - Feed supply - ' - - - - - - - - - - - - - - - - - P P - - - - - - - Newspaperand magazine shop(2)(3) - - - - - - - P P P P P P* P P P P P - - - - - - - - - ' 28 AGRICULTURAL SAND& ZONING RESIDENTIAL . COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY eRave� � . . . . . ' � � Pawnshop - - - - - - - - -. - C+ C+ - - - - - - - - - - - - - - - Regional-Serving Retail Uses such as:bulk merchandise,design showrooms&sales, furniture stores,home - - - - - - - - P p p p p - - - p . p - - - - - - - - - improvement&garden ' centers,office& electrical equipment, retail outlets,etc.(2) Retail within a building, � except when otherwise - - - - - - - - P P P P p* p p p p p - - - - - �#� - - - noted(2) � A* Retail,comprising less than 25%of a business' - - - - - - - - - - - - - - - - - - A A - - - - - - - totalsales Sale of agricultural goods grown on-site - - - - - - - - - - - - - - - - - - - - P* P* - - - - - �. , . School Uses-Includes schools,as defined by fhe California Department of Education,and Instructional Uses as defined by Orange Municipal Code Section 17.04.028 Business colleges;trade and technical schools - ' - - - - ' - - - C C - - - - - - - P*/ P*/ P'/ P*/ P*/ P*/ P*/ Instructional Use - - - - - - - C+ P*��+ C+ P*��+ C+ C+ P*/C+ P*/C+ P*/C+ P"/�+ C+ C+ C+ Juvenile or adult education - - - - - _ - - - - - - - - - - - - - C C - - - - - - - School(private) - - - - - - - - - - - - - C C C C C - - - - - - - - - School or College C C C C C C C C C C C C - - - - - - - - C C - P - - - (public/private) : ., . , ; . , Service Uses—Includes uses providing businesses or individuals with services not included in other land use categories and predorriinantly related to the maintenance of.property,finances, personal , _ � - hygiene,fitness,anii personal uvell-being. Examples of uses include those that provide financial transactions,cosmetology, personal and real property maintenance,equipment repair,equipment testing and,equipment rental,etc. ,:. , , „ . . . - . . . . Appliance repair and service(portable - - - - - - - - P P P P - P P P P P - - - - - - - - - appliances only) 29 � � : � � � • � � � . • • Rl-5 Rl-6 to R1-20 to R2-6 to R-3 R-4 MH OP CP/Cl CTR C2 C3 CR OTMU-155 OTMU-15 OTMU-24 NMU-24 UMU M1 M2 A1 RO SH PI FP-1 FP-2 SG LAND USE Rl-ls Ri-ao& Rz-s Rl-R ° •.. . - -. . • . � - . ... . .. ��■�� :. .- .•. ,.., ��_�� 0veeeeeeveevaeeeveooevaeeee ..- . : .. .. 000000000000■00000�00000000 . - . . . veveeveavevoeeee�vooeeveeee . . .. eee�e�eeeeeeeeeeevooveeeeee . :. - ��000�� . -. - . . - �00-0000-00000000000000000� � � -� � � � vee0veeeveveaeveevooeeveeee . . . aeee�evevavea__eevooevavaee -- � eee�ee�v0000000000aeva�aaee . . . .. . . . voeevoee0vevaeeeevoo�eeeeee eeeeeee�mmmmmeeeee■meeeeeee . . . . e�eeeeev0000aoo—ooeeeeveeee - eee�eve��aveveeee . . .�., - - eeeeeee�0000�0000000ee�aeee . . .: .. . . - : aeeeveeveaeva�eeevooeeevee_ . . . .. . - - 000000000000��000�00000000� � � � � eeee-eveeeeeeeeeevoovaveoee , AGRICULTURAL SAND& ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � .• . . . •. ' � � Public service or use - - - - - - - C C C C C P P P P P P - - - - - - - - - Shoe repair - - - - - - - - P P P P - P P P P P - - - - - - - - - Tailoring - - - - - - - - P P P P - P P P P P - - - - - - - - - Tattoo parlor - - - - - - - P P P P P - - - - - - - - - - - - - - - Upholstery Shop - - - - - - - - - - - p - - - - - - p p - - - - - - - Vending carts(located on private property only) P* P* P* P* P* Welding - - - - - - - - - - - - - - - - - - P P - - - - - - - Storage or Warehousing Uses-Includes uses occupying the majority of a building or tenantspace with raw materials or manufactured goods for sforage prior to export or distribution for sale. In industrial.zones,any processing or storage activities with an outdoor component,shall require a conditional use permit when conducted within three hundred(300)feet of any residential district." Cold or frozen gaods, Storage - - - - - - - - - - - - - - - - - - P P - - - - - - - Construction Materials Storage Yard - - - - - - - - - - - - - - - - - - P* P* - - - - - - - Mini-Warehouse/Self Storage Facility . - - C C C - C C C C - - - - - - P P - - - - - - - Outdoorstorage - - - - - - - - - - - - - - - - - - A" A* - - - - - - - Storage of floatable substances or materials - - - - - - - - - - - - - - - - - - - _ - - - - - - - - in a flood plain overlay Tank storage,Extraction, Manufacture And - - - - - - - - - - - - - - - - - - P P - - - - - - - Refinery Warehouse - - - - - - - - - - - - - - - - - - P P - - - - - - - KEY: 31 AGRICULTURAL SAND& ZONING �RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIAL OPEN SPACE PI OVERLAY GRAVEL � .• . . . •. � � . . ,� : • : P= Permitted Use C=Conditional Use Permit required. Refer to administrative procedure provisions in Section 17.08.030 and 17.10.030. See Chapter 17.28 for overlay district procedures. - = Not Permitted A=Accessory Use * = Use subject to special provisions contained in Section 17.13.040 � += Use subject to Conditional Use Permit regulations contained in Section 17.13.050 #= Use subject to special provisions contained in Sections 17.14.070.(V)and (W) 1= Land uses with drive throughs shall comply with Section 17.13.050 for drive through windows. 2 =Subject to standards for Retail Uses in the Commercial Recreation (CR)Zone (Section 17.13.040.) 3 = Indicated retail uses are permitted in the OP District provided they are integrated within and clearly incidental to a professional or general office development. 4= In industrial zones,the use must be within an integrated commercial development. 32 17.13.040 SPECIAL USE REGULATIONS (*) Accessory uses and permitted uses marked with an asterisk (*) in Table 17.13.030 are permitted subject to the following use regulations: A. Accessory Dwelling Unit. 1. Accessory dwelling units shall be permitted only on lots which contain one existing permanent single-family dwelling unit in a single family residential zone, but in no case shall be permitted where there is an existing accessory dwelling unit. Lots that are not developed with a permanent single-family dwelling unit but are occupied solely by a tent, trailer and/or other temporary structure shall not be considered for development of an accessory dwelling unit. The accessory dwelling unit may be created within the existing floor space of a single-family residence or accessory structure. � 2. The accessory dwelling unit or the contiguous land area surrounding the unit shall not be sold separately from the existing (principal) dwelling unit. 3. The floor area of the accessory dwelling unit shall not exceed six hundred forty(640) square feet, and the unit shall contain a minimum floor area of four hundred fifty (450) square feet. The Community Development Director may authorize an efficiency unit, as defined in this Chapter, subject to the development standards contained in Title 17. 4. The accessory dwelling unit may be attached or detached but if detached, shall comply with the provisions of Section 17.14.120. 5. All construction shall conform to Code requirements of height, setback,lot coverage, local building architectural compatibility standards, fees, charges, and other zoning requirements applicable to residential construction in the applicable zone; provided, however, that irrespective of whether the construction of a detached accessory dwelling unit would cause the property to exceed the square footage limitation of Section 17.14.160E, a property owner shall be permitted to construct an accessory dwelling unit that qualifies as an efficiency unit, which otherwise meets all other requirements of this Code. 6.. One unenclosed parking space in excess of the code parking requirement for the existing (principal) residential use shall be required, unless one of the five exemptions in Table 17.34.060A applies. Required parking shall not be permitted within the front yard setback. 7. If a private sewage disposal system is being used,approval by the local health officer shall be obtained prior to issuance of a building permit. 8. The accessory dwelling unit shall not be allowed in any portion of the City defined by City Council resolution as being significantly impacted by insufficient capacity for traffic circulation, parking, public utilities, or similar infrastructure needs. 9. An accessory dwelling unit may only be occupied by persons using the unit as a single-family residence as defined in this code. 10. An accessory dwelling unit shall not require fire sprinklers if they are not required for the primary residence. 33 11. Except for those accessory dwelling units located in a historic district, all applications for accessory dwelling units that meet the requirements of Title 17 shall receive ministerial approval. 12. The accessory dwelling unit shall have independent exterior access from the existing residence. 13. Side and rear yard setbacks designated for the zoning classification of the subject lot shall be deemed sufficient for fire safety. 14. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating City connection fees or capacity charges for utilities, including water and sewer service. 15. New or separate utility connections, connection fees, or capacity charges shall not be required for accessory dwelling units created within the existing floor space of a single-family residence or accessory structure. Utility connections, connection fees and capacity charges may occur for accessory dwelling units that are new floor space, however only at a rate commensurate to the size and burden of the unit on the water and sewer system, and shall not exceed the reasonable cost of providing the service. B. Adult Enterprise. 1. Locational Requirements.Notwithstanding other provisions of the Orange Municipal Code to the contrary, no conditional use permit shall be issued for any adult enterprise, as defined by Section 17.04.020 of this title, if the use is proposed to be located: a. Within one thousand (1,000) feet of any lot zoned for residential use; or b. Within one thousand (1,000) feet of any lot upon which any other adult entertainment use already exists; or c. Within one thousand (1,000) feet of any public or private school, park, playground, public building, or religious institutions. 2. Abatement of Nonconformities. Any adult enterprise use lawfully existing as of the effective date of this ordinance, and which has been determined to have a legal nonconforming status, shall terminate all aspects of the adult enterprise not in compliance with the provisions of this section within three years of the effective date of the ordinance codified in this section. C. AgriculturaVHorticultural. Applicable Residential Zone Requirements: Sale of agricultural products from the site on which they are grown may be permitted subject to an administrative adjustment as specified in Section 17.10.050. 34 Applicable Flood Plain Overlay District Requirements: All agricultural uses permitted in the A-1 district shall be permitted. However, the following accessory uses are not permitted: permanent structures, landfills, materials or equipment storage, stream alteration, or other use that would result in any increase in flood levels within the Regulatory Floodway. D. Amusement Devices—As an Accessory Use. 1. No more than three amusement devices shall be permitted at any one business. 2. No external advertising of the amusement devices shall be allowed. 3. All amusement devices shall be located within a completely enclosed building and shall not be permitted within an accessory building. 4. All amusement devices shall be visible at all times by one or more employees of the business, including an on-duty manager at least eighteen (18) years of age. E. Animal Keeping. 1. The keeping of animals shall conform to the provisions of Chapter 6 of the Orange Municipal Code. 2. The keeping of birds (as defined in Section 17.04.021) as pets or hobby shall conform to the following standards: a. The occasional sale of birds is permitted when such sale is incidental to the keeping of birds as pets or hobby. b. All birds permitted under this section shall be confined indoors or in a coop or aviary. c. Coops or aviaries shall at all times be maintained in a clean and sanitary condition and shall at all times be free of offensive odors. d. The location of coops or aviaries shall maintain a minimum setback of five feet from all property lines. e. The City's Code Enforcement Supervisor or designee shall be responsible for determining if the keeping of birds permitted under this section constitutes a nuisance, health or safety hazard, or is being conducted in violation of subsections a, b, c or d above. 3. The keeping of animals on lots having less than twenty thousand (20,000) square feet of lot area per dwelling unit, shall conform to the following: 35 a. The total number of mature dogs and cats shall be limited to three dogs and three cats. b. Poultry, rabbits, reptiles, rodents, and other small animals (less than five pounds), shall be limited to a total number of five, and all such animals shall be maintained in coops, pens, or other quarters or restraints located a minimum of twenty (20) feet from any property line. c. A maximum of five animals in any combination, as listed in subsections (C)(3)(a) and (b) of this section, shall be permitted on a property. 4. The keeping of animals in single-family districts on lots having twenty thousand (20,000) square feet or more per dwelling unit and zoned R1-20 or greater shall conform to the following: a. Adult equine, bovine, sheep, goats, and swine shall be limited to a total of two such animals in any combination per the initial twenty thousand (20,000) square feet of land area. One additional equine,bovine, sheep, goat, or swine may be kept for each additional ten thousand (10,000) square feet of owned or leased contiguous land. However, no more than six such adult animals in any combination shall be kept. The offspring of such animals shall be considered adults when eight months old, except the offspring of equine shall be considered adults when twelve (12) months old. b. Animals listed in subsection 3 above shall not exceed a total of ten in any combination on a twenty thousand (20,000) square foot property. An additional five such animals in any combination may be kept for each additional five thousand (5,000) square feet of owned or leased contiguous land in the aggregate with a maximum of fifty (50) such animals in any combination. The keeping of more than three dogs shall be subject to the requirements of Section 17.13.050 �of this title. c. All equine, bovine, sheep, goats, swine, poultry, rabbits, birds, and rodents shall be maintained in coops, pens, corrals, stables, tethers, or in some other means of confinement. Such animals shall not be kept in the required front yard and shall be kept stabled, or tethered a minimum of fifty (50) feet from any structure used for human habitation other than that of the subject property owner, and a minimum of twenty (20) feet from any property line. 5. All animals and animal quarters shall be maintained in a clean and sanitary condition, and shall be subject to inspection by City code enforcement or legally authorized County of Orange employees for the enforcement of Division 1 of Title 4 of the Codified Ordinances of the County of Orange,established for animal control,welfare, license, and health requirements. 36 6. The following types of animal keeping or raising shall not be permitted: a. Commercial dairies; b. Commercial kennels; � c. Rabbit, fox, goat, and other animal-raising farms; d. Farms devoted to the hatching, raising,fattening, and/or butchering of poultry or the commercial production of eggs; e. Livestock-feeding ranches; and f. Ranches operated publicly or privately for the disposal of garbage, sewage, rubbish, or offal. F. Animal Raising—Large Animals. 1. All shelters and all areas set aside for the feeding of animals shall be set back a minimum of one hundred (100) feet from the right-of-way line of any street and from the boundary of any other property not zoned for agricultural use or fifty (50) feet from any adjoining residentially utilized structure. 2. Equine, bovine, sheep, goats and swine shall be limited in number to ten adult animals, in any combination, for the first five acres and one animal per acre for each additional acre thereafter. The offspring of such animals shall be considered adults when eight months old, except equine offspring, which shall be considered adults when twelve (12) months old. 3. All swine shall be maintained in pens or coops or in some other means of confinement. Such animals shall be kept a minimum distance of fifty (50) feet from any structure used for human habitation other than that of the owner, and minimum distance of twenty (20) feet from any property line. 4. All animal quarters shall be maintained in a clean and sanitary condition and shall be subject to inspection by legally authorized County of Orange employees for the enforcement of Division 1 of Title 4 of the Codified Ordinances of the County of Orange, the ordinances establishing animal control, welfare, license, and health requirements. G. Animal Raising—Small Animals. 1. All shelters and all areas set aside for the feeding of animals shall be set back a minimum of one hundred (100) feet from the right-of-way line of any street and from the boundary of any other property not zoned for agricultural use. 37 2. Animals shall be limited in number to a maximum of twenty-five (25) animals,in any combination, per one acre. 3. All poultry, rabbits, birds, and similar small animals shall be maintained in pens or coops or in some other means of confinement. Such animals shall be kept a minimum distance of fifty(50) feet from any structure used for human habitation other than that of the owner, and minimum distance of twenty (20) feet from any property line. 4. All animal quarters shall be maintained in a clean and sanitary condition and shall be subject to inspection by legally authorized County of Orange employees for the enforcement of Division 1 of Title 4 of the Codified Ordinances of the County of Orange, the ordinances establishing animal control, welfare, license, and health requirements. H. Antennas. Subject to the provisions contained in Orange Municipal Code Section 17.13.040 of this title. I. Antennas,Amateur Radio.Amateur radio antennas are permitted uses in all zone districts and shall be subject to the following: 1. Number. One mast shall be permitted per lot. No more than three antennas may be mounted per mast and provided, further, that no antennas or antenna wires shall be attached to balloons. 2. Height. Maximum height of a mast or an antenna shall be fifty (50) feet. However, the maximum height of an antenna mounted upon a self-supporting telescoping tower may exceed the limit by sixteen (16) feet, provided that the highest portion of the antenna is kept at the fifty (50) foot height limit at all times when the antenna is not in use. Further provided that upon proof that the owner or person in control of the antenna has been determined by the State to be handicapped,the requirement to retract the self-supporting telescoping tower to maintain the maximum height of fifty (50) feet when not in use may be waived by the Zoning Administrator through approval of an administrative adjustment. 3. Location. An antenna mast not roof-mounted shall be located behind the main structure and no closer than ten feet to the rear and side property lines. A roof- mounted antenna shall be kept to the rear portion of the main structure to minimize antenna visibility from the street. Horizontal antenna elements shall be located to the rear of the centerline of the main building and not extend beyond the property line. J. Antennas, Satellite Dish. Satellite dish antennas are permitted uses in all zone districts subject to the following: 1. Number. One satellite dish antenna shall be permitted per lot. , 38 2. Height. Satellite dish antennas shall be limited to a maximum height of fifteen (15) feet as measured from pedestal base to highest point on the dish. 3. Location. Satellite dish antennas shall be located within that area between the ultimate right-of-way of any street and the building face and shall conform to all building code requirements. Dish antennas that are greater than twenty(20) inches in diameter shall be ground-mounted in all residential zones and may be roof-mounted in all other districts. Dish type antennas that are less than twenty (20) inches in diameter may be roof-mounted in all zoning districts. Ground-mounted antennas shall be screened in such a manner that they are not visible from adj acent streets or properties. Roof- mounted antennas shall be screened or integrated into the design of the structure in such a manner as to minimize aesthetic impacts upon adjacent streets and properties. Any screening shall utilize existing building elements (such as parapet walls) or shall be architecturally compatible with the main structure. Means of integration may include placement below higher building elements (such as ridgelines and eaves), placement in inconspicuous locations on side or rear facing building elements, use of color that blends with mounting surface, or other similar means. No antennas shall be installed on portable or movable structures such as a trailer. K. Antennas, Wireless Communications Facilities. These facilities shall comply with the regulations described in Section 17.12.025 of this title. L. Antennas,Other.Any antenna not specified as an amateur radio antenna or satellite dish antenna used for commercial purposes shall comply with the provisions for satellite dish antennas listed in Section 17.13.040. M. Apiary. All apiaries shall comply with the provisions of Section 6.08.010 of the Orange Municipal Code. N. Automobile Accessories, Sale of Services Related to the Retail Merchandising in the Commercial Recreation (CR) Zone. Automobile accessories include tires, batteries, auto alarms, phone or stereo installation. Such uses are permitted when accessory to a community serving retail use. O. Automobile Parts and/or Repair—Vehicles of Historic Value(per California Vehicle Code). The selling of parts and/or the provision of repair services for vehicles of historic value as defined by the California Vehicle Code shall comply with the following regulations: 1. All vehicle parts sales, restoration, repair, and service activities shall be limited to vehicles of historic value; 2. The sale of vehicles of historic value shall be allowed only as an accessory use that is incidental to the selling of parts and/or the provision of repair and restoration services; 39 3. Vehicle repair, restoration, and storage areas shall be located within an enclosed building. Outdoor storage and work areas are prohibited; and 4. All repair, restoration, and service work shall be conducted within an enclosed building, where service bays are screened from direct public view. If service bay doors face a street the service bays shall be situated parallel to the adjacent street. P. Automobile Repair, Minor. General automobile repair, including mechanical repairs, oil change, smog inspection, stereo installation, tune up, window tinting, or installation of tires,batteries and accessories, when the use is conducted entirely within a building on properties which are located more than one hundred (100) feet from any residentially zoned property. Q. Automobile Service Stations or gas station.Service stations are a permitted use, subject to compliance with the special regulations below: The following is applicable to commercial districts where designated in the permitted use table: 1. The site is located at the intersection of two arterial streets. 2. All portions of the site are located at least two hundred (200) feet, measured horizontally in a straight line in any direction, from any property located in any "R" residential district. The following is applicable to commercial, mixed use and, industrial districts where designated in the permitted use table: 3. Locations Permitted. The use table contained in Chapter 17.13 of this Title indicates the zones in which automobile service stations are permitted by right or upon issuance of a conditional use permit. 4. Prohibited Accessory Uses. The following uses are specifically prohibited in connection with automobile service station uses: body painting and repair; rental or storage of trailers containing more than a single axle or tandem wheel; repair, rental or storage of trucks exceeding one ton and other heavy equipment, sale of new or used vehicles, auto wrecking. 5. Storage of Merchandise Regulations. All merchandise shall be stored and displayed within the service station building with the exception of tires, batteries, automobile accessories, automobile lubricants other than fuel dispensing equipment. Such items shall be displayed only on movable or closable cabinets or racks especially designed for the display of such items. A maximum of two movable racks for the display of tires is permitted, and such tire racks shall be located no more than ten feet from the service building. 40 6. Rental Vehicles and Trailers. a. Rental vehicles and trailers not specifically prohibited under Subsection B above shall be permitted only as a use clearly incidental and accessory to service station operations. b. Areas used for the display of rental vehicles and trailers shall not be located between any street right-of-way line and the setback line, over any area of required parking or within any area needed for on-site circulation. 7. Remodeling or Reuse of Active or ldle Service Stations. All applications to remodel or reopen an active or idle service station, as defined by Section 17.04.038 of this Title, shall be subject to the approval of the Community Development Director. The Community Development Director shall require the applicant to submit a detailed site plan of the development. The site plan shall be approved only if all current development standards of the underlying zone are adhered to. All development shall be performed in accordance with approved plans. 8. Conversion of Service Station to Another Use. All applications to convert any portion of an active or idle service station to another use shall be subject to minor site plan review by the Community Development Director. The following shall apply: a. The Community Development Director shall require the applicant to submit a detailed site plan of development. The plan may be approved if it conforms to all development standards of the underlying zone and criteria site for site plan review. All development shall be performed in accordance with the approved plan. b. Before approving an application, the Community Development Director may require the removal of pump islands, canopies, service bays, signs, and other features and structures associated with service station uses. R. Banks and Similar Financial Institutions in the Commercial Recreation Zone. Such uses are permitted in the CR zone when part of an integrated commercial development site, or as a single tenant of a development site containing at least two acres. S. Bingo Games. Subsections 1 and 2 below are applicable to bingo games that are permitted as accessory uses in the Commercial and Mixed Use Districts. Subsections 2 and 3 below are applicable to bingo games that are permitted as accessory uses in the Industrial and Public Institution Districts. 1. Bingo games may be conducted as an accessory use on the same site or property as a recreation or assembly hall, clubroom, or church in a space designed for group activities. 41 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. 3. Bingo games may be conducted as an accessory use on the same site or property as � a church. T. Caretaker Residence/Caretaker Mobile Home. Such use requires minor site plan approval by the Community Development Director as described in Section 17.10.060 of this title. U. Church or Religious Assembly. Churches or religious assembly uses that occupy tenant space in an industrial property with more than one tenant and shared on-site parking are permitted in the industrial zones subject to the approval of a parking management plan in accordance with Section 17.10.060.D. The parking management plan shall provide information about parking requirements and availability, and hours of operation for the church or religious assembly use as well as other individual uses sharing on-site parking. The parking management plan shall demonstrate that the church or religious assembly use can be accommodated on the site without impacting the availability of required parking for other on-site uses. Shared on-site parking requires parking management plan review and Minor Site Plan Review in accordance with Section 17.10.060. For shared off-site parking, a conditional use permit is required in accordance with Section 17.34.100. V. Collection Facility. All such uses shall comply with the Collection Facility regulations outlined in Section 17.13.050. W. Condominium Conversions. 1. Purpose and Intent. a. To establish regulations for the conversion of existing multiple family rental housing units to condominiums, stock cooperatives or community apartment projects. b. To reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums, stock cooperatives, or community apartment projects by providing procedures for notification and adequate time and assistance for such relocation. c. To assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase. d. To provide a reasonable balance of ownership and rental housing in the City, and a variety of choice of type, price and location of housing. 42 e. To encourage the physical rehabilitation of substandard apartments that are converted to condominiums, stock cooperatives or community apartments projects, thus upgrading the housing stock. 2. Minimum Number of Units Required. A minimum of five units is required for the conversion of existing multiple-family housing to condominiums. 3. Application Requirements. An application for the conversion of existing multiple family residential rental housing to condominium shall consist of the following: a. Tenant Notification. The applicant shall demonstrate compliance with California Government Code Section 66427.1 that includes requiring tenant notification of the intent to convert sixty(60)days prior to the filing of a condominium conversion application and grants exclusive right to the tenant to purchase their respective unit within ninety (90) days from the date of the issuance of the subdivision public report. Compliance to any other state regulations shall also be demonstrated, when applicable. b. Tentative Subdivision Map. A tentative subdivision map for condominium purposes shall be filed as provided for in Title 16 of the Orange Municipal Code. c. Development Plan and Property Description. Site and floor plans and a landscaping plan shall be submitted, accompanied by a written description of the property and units to include: i. The location and size of the property; ii. The number of dwelling units contained upon the property, and the square footage and number of rooms contained in each unit; iii.The type of common areas, facilities and amenities; iv.The general layout and location of all units, common areas, common amenities, outdoor storage areas, laundry facilities, and parking areas; and, v. The areas that do not comply with zoning ordinance requirements at the time of , application. d. Tenant Information. The applicant shall provide the following tenant information. This requirement may be modified, when it is demonstrated that this information is not available. i. The names and addresses of all tenants at the time of the application's submittal on three sets of gummed labels for the purpose of notifying such tenants of relevant public hearings; 43 ii. The makeup of the existing tenant households, including family size, length of residence, age of tenants; iii.The current rents for each unit including the date and amount of the last two rent increases; also include whether tenants receive Federal or State rental subsidies; and, iv.The proposed sales price of all units, discounts or bonuses for existing tenants, finance terms including down payments and monthly payments, monthly maintenance or homeowner's association fees and any other relevant terms of sale. e. Tenant Provisions: By requesting a conversion of rental units to condominiums, the applicant shall agree to adhere to the requirements, and to provide the benefits specified below: i. Tenant Relocation Plan. The applicant shall submit a relocation plan to assist the existing tenants in finding suitable replacement rental housing. The relocation plan shall include: 1) A compensation proposal for displaced tenants. The applicant shall pay displaced resident household joint tenants a relocation assistance payment based on the length of tenancy of whichever tenant has been a resident longer. Payment shall be consistent with the following: 0-3 months tenancy no compensation 3-6 months tenancy 1/z month's current rent 6-9 months tenancy 1 month's current rent 9-12 months tenancy 11/z month's current rent 12 months or more tenancy 2 month's current rent 2) "Special protection" for the groups defined below. "Special protection" includes assistance in helping the tenant find comparable rental housing, and either increased relocation assistance payments of fifty (50) percent above that given to tenants of comparable rental units and tenancy not entitled to "special protection," or the addition of one year of tenancy in order to seek an available housing unit. (a) The elderly, defined as a person sixty-two (62) years of age or older. (b) The disabled, as defined in United States Code, Title 42, Section 423. 44 (c) Handicapped person, as defined in the California Health and Safety Code, Section 50072; and (d) Low-income individual or family, defined as those households earning eighty (80) percent or less of the median income of Orange County as periodically updated by the Department of Housing and Urban Development. ii. No Increase in Rents. A tenant's rent shall not be increased for two years from the time of the filing of the tentative map until relocation takes place or until the subdivision is denied. iii. Notice to New Tenants. After submittal of the tentative map, the applicant shall notify any prospective tenants in writing of the intent to convert prior to leasing or renting any unit. iv.Extension of Tenancy. The applicant shall offer a sixty (60) day extension of tenancy after the expiration of a lease or rental agreement that would expire prior to, or at the time of, commencement of sales or the issuance of the final public report by the Real Estate Commissioner. v. Termination of Leases and Rental Agreements. The applicant shall permit a tenant to terminate any lease or rental agreement without any penalty whatsoever after notice has been given of the intention to convert if such tenant notifies the applicant in writing thirty (30) days in advance of such termination. vi.Students. The applicant shall allow a time extension in order to permit a tenant, who is a student, to complete a school semester or quarter. 4. Application Review Procedure. An application for the conversion of existing multiple-family housing to condominiums via a tentative subdivision map shall be reviewed and recommended upon by the Planning Commission, with final review and determination to be made in a public hearing by the City Council. The final subdivision map shall be reviewed and approved by the City Council prior to recordation. The City will notify all tenants ten days prior to the date of all relevant public hearings relating to the condominium conversion application. 5. Condition of Final Subdivision Map Approval. The applicant shall agree to provide the following documentation to the City as a condition of approval for the final map. This documentation is also to be included in the final report to the Department of Real Estate. a. Physical Elements Reports. The City of Orange Building Official shall review all reports on the project's physical elements and may require revision and resubmittal if he finds substantial evidence that any statement therein is unreliable. The 45 Building Official may require improvements based upon such reports if he determines the building to present a threat to public health, safety or welfare. The Physical Elements Reports shall include: i. A property report describing the condition and useful life of the roof, foundations, mechanical, electrical, plumbing and structural elements of all existing buildings and structures. The report shall be prepared by a registered civil or structural engineer, or a licensed general building contractor or general engineering contractor. ii. A structural pest report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code, relating to written reports on the absence or presence of wood-destroying pests or organisms. iii.A geotechnical subsurface investigation report indicating any known soil and geological conditions regarding soil deposits, rock formations, faults, groundwater and landslides in the vicinity of the project and a statement regarding any known evidence of soil problems relating to the structures. Reference shall be made to any previous soils reports for the site, of which a copy shall be submitted with said report. The report shall be prepared by a licensed civil engineer with expertise in soils engineering. iv.A report detailing the method of complying with the physical standards listed below: 1) Building Standards. The project shall conform to the Uniform Housing Code as determined through an inspection by a City of Orange Building Inspector. 2) Fire Prevention. Each living unit shall be equipped with an approved smoke detector, mounted to give access to rooms used for sleeping quarters. All fire protection equipment shall be retained in an operable condition at all times. All fire protection equipment, including the water delivery system, shall be upgraded as determined by the City of Orange Fire Department. 3) Utility Metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal water metering shall be developed prior to final map approval and included in the covenants, conditions, and restrictions. In such cases where the applicant can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Building Division. 4) Noise Standards. All permanent mechanical equipment, including domestic appliances, which is determined by the Building Official to be a source of potential vibration or noise, shall be shock mounted, isolated from the floor and ceiling, or otherwise insulated in a manner approved by the Building Official to lessen the transmission of vibration and noise. 46 5) Building Security. All projects shall be upgraded to meet the requirements of the Building Security Ordinance as outlined in Orange Municipal Code Chapter 15.52, and other security requirements that relate to the concepts of crime prevention through environmental design. b. Covenants, Conditions and Restrictions (C, C&R's). The applicant shall prepare a declaration of restrictions which may provide, among other things, those powers, duties, rights and obligations set forth in Civil Code Section 1355, and such declaration shall meet the reasonable requirements of the City Attorney that may include provisions: i. That the association is responsible for maintenance and landscaping of all common areas and that such maintenance shall be performed to the standard of maintenance that is prevalent in the neighborhood. ii. That restrict the use of a residential unit to single family residential use. iii. That provide for City enforcement of City and other public traffic and parking laws and ordinances on private streets, under Sections 21107.5 or 21107.7 of the California Vehicle Code, if the City, in its discretion, determines that such enforcement is required (in addition to other remedies that may be available to unit owners and the Home Owner's Association). iv. That insure that criminal remedies against invasions of privacy such as those provided by Section 647(g) and(h) of the Penal Code that are available to non- condominium owners shall also be available to condominium owners. v. That each unit owner shall have full access to commonly owned areas, facilities and utilities. vi. That the Homeowner's Association shall have the right of entry upon any privately owned unit, where necessary, in connection with construction, maintenance or repair for the benefit of the common area or the owners in common. vii. That each privately owned unit shall give to an adjacent unit easement rights to enter its unit, given adequate notification, in order to effect necessary repairs to the property of such adjacent units. viii. That the commonly owned recreational area is non-buildable except for recreational purposes and such limitation shall also be set forth on the airspace map. ix. That enable the Homeowner's Association or the Board of Directors to levy reasonable fines for violations of the covenants, conditions and restrictions or 47 rules issued thereunder and where fines remain unpaid, have the power to treat such unpaid fines as unpaid assessments. x. That the terms of the declaration of restrictions shall insure to the benefit of the City of Orange. xi. That the organizational documents shall allow the association to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties, three months after the association assumes control of the condominium conversion project or any time thereafter. xii.That create a special fund of money in an amount to be determined by the Department of Public Works and conveyed in perpetuity by the applicant to the City to effect emergency repairs or maintenance to privately owned sewer systems, other plumbing systems, or utilities. 6. Findings. In determining to approve or conditionally approve a condominium conversion application, the following findings must be made by the reviewing body to justify the approval. - a. The project has met the provisions and is consistent with the expressed purpose and intent of this ordinance. b. The project is consistent with the City of Orange General Plan. c. The project will not cause a deterioration to surrounding land uses or create special problems in the community. d. The off-street parking for residents and visitors as well as the vehicle circulation is adequate. e. There is an adequate supply of available rental housing in the area and in similar rental range; both determined by the City Council as being adequate to provide rental housing for the income group displaced, while also considering other factors such as rental vacancy rates, raw rental construction, population growth and reductions in the rental stock. f. The proposed project does not severely diminish the rental housing stock. g. The tenant relocation plan submitted by the applicant is adequate. h. There will be an effective homeowner's association established. i. The rehabilitation or structural repairs help to upgrade the City's housing stock. 48 j. Any public improvements, poured driveways, parking areas or landscaping are upgraded or repaired as needed. X. Condominiums. A minimum of five units is required for the development of a condominium project. The development project must be accompanied by a tentative tract map as provided in Title 16 of the Orange Municipal Code. For the conversion of existing multiple-family rental housing units to condominiums, stock cooperatives or community projects refer to the requirements for Condominium Conversions within this section of this title. Y. Construction Materials Storage Yard. All such uses shall comply with the outdoor use regulations outlined in Section 17.20.070. Z. Conversion of a Residential Structure to a Nonresidential Use. Such use requires minor site plan approval by the Community Development Director as described in Section 17.10.060 of this title. AA. Cottage Food Operation. 1. A cottage food operation is allowed subject to the provisions of the California Government Code and California Health and Safety Code pertaining to cottage food operations. 2. A cottage food operator may have no more than one full-time equivalent employee, not including a family member or household member working where the cottage foods are prepared or packaged for direct, indirect, or direct and indirect sale to consumers as defined in Section 113758 of the California Health and Safety Code. BB. Creation of a lot without frontage on a public street.Such development requires minor site plan review approval by the Community Development Director as described in Section 17.10.060 of this title. CC. Day Care, Child or Elderly. Day care facilities provide nonmedical care, including personal services, supervision or assistance with daily living activities, and/or protection of the individual, on less than a twenty-four (24) hour per day basis. Such facilities shall be licensed by the State Department of Social Services, and shall comply with all applicable licensing requirements, including provision of both indoor and outdoor recreation areas. DD.Duplex and Multiple-Family Dwellings-2010 General Plan. Notwithstanding this Code's definition of legal nonconforming use, duplex and multiple-family dwellings located within the 2010 General Plan Land Use Focus Areas that experienced a change in zoning to Single-Family Residential (R-1) are recognized as permitted uses provided that they were legally established at the time of the change to such zoning. Additions, reconstruction or alterations to the affected properties may occur provided that no new dwelling units are added and the development is otherwise undertaken in accordance with 49 all applicable Code standards. Duplexes shall apply the development standards of the R2- 6 Zoning District. Multi-family properties (three or more units) shall apply the development standards of the R-3 Zoning District. Maps depicting the affected properties shall be a public record and remain on file with the Community Development Department. EE. Fortunetelling. All fortunetelling businesses shall be conducted in compliance with Chapter 5.55 of the Orange Municipal Code. FF. Garage or Yard Sales. 1. A sales event shall take place at one address no more than once every four months. However, the Community Development Director may authorize one additional sales events at one address within a four-month period. Any person aggrieved by the action of the Community Development Director either authorizing or denying an additional sales event shall have the right to appeal the matter to the City Council for final determination. 2. A sales event may continue for up to a maximum of four consecutive days. When a sales event has begun and is actually interrupted by inclement weather,the sales event period may be extended by an additional sales day for each day of actual interruption until there is a total of not more than four sales days. 3. A sales event shall take place between the hours of 8:00 A.M. and 8:00 P.M. 4. Items to be sold at a sales event shall be "used" items which were part of a reasonable household use. No merchandise or new goods shall be brought in from another location for the purpose of being displayed or sold at a sales event. The term "a reasonable household use" shall be construed broadly in favor of the sale of the item. 5. No sign advertising the sales event may be placed or maintained upon any portion of a public right-of-way, including street signs, street trees or utility poles. 6. No item for sale or advertising sign shall obstruct any street, sidewalk, parkway, or driveway. 7. Any violation of this subsection shall be considered an infraction. GG.General and Professional Offices. Privately owned and/or operated general and professional office uses may be allowed if they have a functional relationship with a church, college, or hospital such as medical insurance, home care services, counseling, or other office uses deemed similar by the Community Development Director. Such uses shall also be physically adjacent to the institutional use. 50 HH.Health Facility or Home for Elderly, or Mentally or Physically Disabled (Six or fewer persons). All such uses are permitted provided the use complies with applicable provisions contained in the California Health and Safety Code. II. Homeless Shelter. Facilities meeting the definition of a homeless shelter pursuant to Orange Municipal Code Section 17.04.027 are permitted uses, subject to the requirements listed below and the development standards of the underlying zoning district. 1. Homeless shelters shall be located at least five hundred(500)feet from any residential use or residentially-zoned property, public or private park, or public or private kindergarten through 12th grade curriculum school, as measured from the closest property line. In addition, homeless shelters shall be located at least three hundred (300) feet from any other homeless shelter, as measured from the closest property line. Homeless shelters shall be located within 1/z-mile of a transit stop. 2. Overnight occupancy shall be limited to one bed per seventy (70) square feet of sleeping area and shall be in accordance with Building Code requirements. Maximum occupancy per facility shall be limited to one hundred(100)beds or less. For purposes of determining maximum occupancy, one shelter client per bed is assumed. 3. Services and facilities shall be provided for homeless shelters as follows: a. A client intake and waiting area shall be provided and shall be adequately sized to accommodate waiting clients. The intake area may be indoors or outdoors. If outdoors, the location shall not be adjacent to the public right-of-way, shall be visually screened, and shall provide protection from the sun/rain. b. The facility shall provide a sleeping area, and separate restrooms and showers for males and females. A minimum of one restroom and one shower for every twenty (20) clients shall be provided, and shall comply with Building Code requirements. c. Other on-site services that are permitted include: i. Laundry facilities. ii. Kitchen, food preparation, and dining areas. iii. Storage areas to secure client belongings. iv. A private area for providing referral services to assist shelter clients in entering programs aimed at obtaining permanent shelter and income. Referral services refers to the initial assessment of a homeless client to identify the areas in which assistance is needed, and connecting clients with appropriate off-site programs and services depending on their need. 51 v. Other similar services for homeless clients, as determined by the Community Development Director. Other services may be permitted, conditionally permitted or not permitted based on OMC Table 17.13.030. For uses that are not listed in OMC Table 17.13.030, the Community Development Director has the authority to make the determination per OMC Section 17.13.040. All services shall be provided within the shelter building. 4. Prior to occupancy, a written operational plan for the facility shall be submitted to the Community Development Director for approval. If site plan review and/or design review applies, then the operational plan should be submitted and reviewed concurrently with those applications. The operational plan shall contain the name, address, phone number and driver's license number of the owner, operator, and facility manager; and specific procedures for complying with the following requirements: a. Length of Stay/Hours of Operation. Clients shall use the facility between the hours of 5:00 P.M. and 9:00 A.M. Clients must vacate the facility each morning. Clients shall not use the facility for more than forty-five (45) nights within a one hundred twenty (120) day period. A curfew of 10:00 P.M. or earlier shall be established and strictly enforced, and clients shall not be admitted after curfew. b. Staff and Training. The plan shall describe the staffing plan and required staff training programs. A minimum of two staff persons shall be on duty when the facility is open, with additional staffing as needed to ensure a secure facility and reasonable operations. One staff inember for every twenty-five (25) beds is recommended. Facility staff shall be trained in operating procedures, safety plans, and assisting clients with referral services. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code Section 290. The plan shall describe procedures for ensuring shelter staff ineet these requirements. c. Safety and Security. The plan shall describe facility rules and procedures for maintaining a safe environment within and outside of the shelter, including the following: i. The facility shall establish and enforce a strict code of conduct. Facility rules shall prohibit weapons and the use, sale or distribution of alcohol or illegal drugs. Shelter clients shall not be allowed to congregate,loiter, or queue in the public right-of-way outside of the facility at any time. ii. Procedures shall be established for designating and securing separate areas within the facility for male, female, and family shelter clients. 52 iii. Procedures shall be established for client intake. The facility shall screen incoming clients for compatibility with the facility type and shall maintain a client roster or other system of identifying and tracking incoming clients. During intake, basic client information shall be collected including name, last physical address, driver's license or other identification number (if available), and whether or not the person has been convicted of a felony or is required to register as a sex registrant under Penal Code Section 290. The roster shall be provided to the Orange Police Department on a quarterly basis. No more than one person who is required to register as a sex registrant under Penal Code Section 290 shall be allowed stay at the facility at any one time. iv. Procedures shall be established for responding to emergencies and incidents including expelling clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall also be established. v. Procedures shall be established for securing client belongings. Of the staff required to be onsite, at least one staff person dedicated solely to shelter security shall be on duty when the facility is in use. Depending on facility size and operations, additional security personnel may be required. d. Facilities shall be maintained in good working order. Indoor and outdoor use areas shall be clean and orderly. Litter shall be removed in and around the facility in a timely manner. e. A "good neighbor policy" shall be established whereby clients are instructed to be considerate of neighbors and refrain from behavior that is disruptive to the surrounding community. The operational plan shall include a written protocol for ongoing communications with the City and the surrounding neighborhood, and for responding to neighborhood complaints. f. The shelter shall give priority for shelter accommodations and services to individuals with connections to the Orange community. Approval of the operational plan will be considered by the Community Development Director in consultation with the Orange Police Chief. The approval is ministerial and shall be denied if the facility does not meet the standards in this section. If already issued, the approval shall be revoked if the facility is found to be out of compliance with the standards in this section or its approved operational plan. Appeals of the Community Development Director's decision may be requested, in accordance with OMC Section 17.08.050. 5. Exterior security lighting shall be provided. Building lighting shall comply with the City's Building Security Ordinance No. 7-79, OMC Section 15.52.090J.2. Parking lots shall be lit in compliance with OMC 5ection 15.52.090J.3. 53 6. Required Off-street Parking and Bike Racks. One parking space per six beds, plus one space per staff person. Parking stalls shall be striped and bike racks shall be provided as specified in OMC Chapter 17.34. 7. The facility shall comply with all other laws, rules and regulations that apply, including building and fire codes and shall be subject to City inspections prior to operational plan approval. In addition, the City may inspect the facility at any time for compliance with the facility's operational plan and other applicable laws and standards. 8. Minor Site Plan Review Required. Minor site plan review is required if the project meets the criteria established in OMC Section 17.10.060D. or E. The Community Development Director's discretion in requiring conditions of approval and approving homeless shelters under minor site plan review is limited to ensuring that the site plan complies with applicable site design-related standards. 9. Design Review Required. Design review is required if the project meets the criteria established in OMC Section 17.10.070. DRC's discretion in requiring conditions of approval and approving homeless shelters is limited to ensuring compliance with applicable design-related standards and guidelines. JJ. Home Occupations. A home occupation is one carried on in a dwelling as a secondary use, where there are no displays or signs at or upon the premises, no other commodity or services are sold upon the premises and no storage of materials and/or supplies upon those premises except within the dwelling or an enclosed garage. Where storage will take place within an enclosed garage, such storage shall be conducted in such a manner so as not to interfere with the parking of vehicles therein. Any materials and/or supplies which are stored upon the premises shall not occupy a space in excess of five hundred (500) cubic feet. Such an occupation shall not: 1. Create light, noise, odor, dust, vibration, fumes or smoke readily discernible at the exterior boundaries of the parcel. 2. Involve the use of inechanical equipment or storage of material and/or supplies on trucks in amounts not recognized as part of reasonable household use. 3. Involve the use of services at the premises of no more than one client of the dwelling at any given time. Home occupation clients and deliveries made by bona fide delivery firms shall be permitted, as long as such visitors and deliveries are in amounts or performed in a manner recognized as part of a reasonable household use. 4. Have the premises or adjacent public right-of-way serve as an assembly point for non-occupants, including serving as a location from which such non-occupants are dispatched to off-site locations. 54 5. Significantly increase the off-street parking load. 6. Involve the storage or use of flammable substances as defined by the Uniform Fire Code, Section 15.101 et seq., or hazardous chemicals as defined by the Uniform Fire Code, Section 19.101 et seq. 7. Involve the sale of firearms or ammunition except to those set forth in California Penal Code Section 12078. Records shall be kept for a minimum of one year on the sales of firearms. Information on these records shall include: a. Date of purchase; b. Name, address, phone number, driver's license number and date of birth of the person buying any firearms; c. Brand name, model number and serial number of firearm purchased. 8. Involve the sale,preparation, or storage of food or food products except as a cottage food operation per Section 17.13.040.AA. 9. Involve the display of vehicles that are for sale. KK.Housing Related to Church, College or Hospital. Such housing may be provided for students, faculty, nurses, doctors, similar persons, or persons benefitting from the institution adjacent to the housing LL. Instructional Use. Parking needs of the instructional use shall be subject to the provisions of Table 17.34.060.A, as well as a determination of the Community Development Director such that the instructional use shall be no more parking intensive than the parking rate required for the prior permitted use of the same tenant space, or the use intended for the space at the time of original building permit issuance. Should the use exceed the parking rate, a conditional use permit, in accordance with Section 17.10.030E.1.e., shall be required. MM. Large-Family Day Care Homes. Large-family day care homes are subject to the following: 1. The business shall be operated in a single-family residence on property residentially zoned. 2. No other licensed large-family day care home shall be located within six hundred (600) feet of the exterior property boundaries of the proposed home. 3. The City Noise Ordinance in Chapter 8.24 shall be complied with at all times, and hours of outdoor play activities shall only be permitted between the hours of 8:00 A.M. to 8:00 P.M. 55 4. Two enclosed parking spaces shall be maintained for parking purposes only. 5. The facility shall be licensed by the State Department of Social Services. 6. The facility shall comply with State Fire Marshall standards for large-family day care facilities. 7. No signs advertising the business shall be allowed. 8. Compliance with all development standards for single-family residential structures is required. 9. A site plan identifying pedestrian access to and from loading area shall be submitted. NN.Manufacturing, Processing, Warehousing, Assembling of Materials, and Products in Conjunction with the On-site Retail Sales. 1. The manufacturing, processing, or assembling of materials shall be allowed only as an accessory use to an allowed retail sales use located on the same site. 2. The use shall be subject to review and approval by the Community Development Director. 3. All activities associated with the use shall be conducted within a completely enclosed building. 4. The use shall not generate any negative impacts from dust, glare, noise, odor, vibration, or any other nuisance impact outside the building. 00.Massage Establishments. All massage establishments shall be conducted in compliance with Chapter 5.56 of the Orange Municipal Code. When permitted as an accessory use, massage services shall be integrated within and clearly incidental to the primary use and income derived from massage services shall not exceed twenty-five (25) percent of the business gross income. PP. Medical Offices. Privately owned and/or operated medical office uses may be allowed if they have a functional relationship with, and are physically adjacent to, a hospital. QQ.Moving an existing structure or building. Such development requires minor site plan review approval by the Community Development Director as described in Section 17.10.060 of this Title. RR. Multiple-Family Dwelling. Apartments and other multiple-family developments are permitted in the R2 zone provided that project density does not exceed the residential development standard indicated on Table 17.14.070. 56 SS. Outdoor Storage. All such uses shall comply with the outdoor use regulations outlined in Section 17.20.070. TT. Real Estate Office, Temporary. 1. A temporary real estate office shall be used only for the sale of real estate in the same or adjacent development or subdivision in which the office is located. 2. The office may consist of a trailer, a housing unit, or a garage of a housing unit. 3. If a garage is used for a real estate office and other than standard garage doors are provided at the garage entrance, a five thousand dollars($5,000.00)cash bond shall be posted to ensure the garage is later converted for parking purposes and a driveway leading to the garage is installed. 4. A temporary real estate office may be used for a period of time not to exceed one year. Time extensions may be granted by the Community Development Director upon written request, but in no case shall said office remain after all units in the development are sold. UU.Restaurants or other Businesses with Drive-Through Service in the Commercial Recreation (CR) Zone. Such uses are permitted in the CR zone when part of an integrated commercial development site, and shall be subject to the Drive-Through development guidelines listed in 17.13.050. VV.Retail Uses. Accessory retail uses may be provided in a building in conjunction with any permitted use, subject to the review and approval of the Planning Commission. Such retail uses may include, but are not limited to, book and stationary stores, barber and beauty shops, concession stands, drug stores, florists, gift shops, offices for civil and non-profit organizations, and restaurants and coffee shops. WW. Retail Uses in the Commercial Recreation (CR) Zone. General and specialty retail uses are permitted in the CR zone when part of an integrated commercial development site, or as a single tenant of a commercial development site containing at least two acres. Existing industrial developments cannot be occupied by such uses unless compliance with parking, building code and other development standards are demonstrated. XX.Sale of Agricultural Goods Grown On-Site. The sale of agricultural goods grown on- site is permitted subject to the approval of an administrative adjustment by the Zoning Administrator, as outlined in Section 17.10.050 of this title. YY.Sexually Oriented/Adult Businesses. All sexually oriented/adult businesses are subject to the regulations contained in Chapter 5.86 of this code. 57 ZZ. Single-Family Dwelling. Single-family dwellings located in the OTMU-15S, OTMU-15, or OTMU-24 zones shall be subject to R-1-6 development standards as presented in Chapter 17.14, with the exception of floor area ratio, which shall be subject to the provisions of Chapter 17.19. AAA.Sober Living Facility. 1. A sober living facility which would otherwise be considered an unpermitted use as a boarding or lodging house in a R1 or R2 zone, may locate in any residential zone with a sober living permit and a business license provided: a. An application for a sober living facility is submitted to the Community Development Director by the owner/operator of the sober living facility. The application shall provide the following: (1) the name, address, phone number and driver's license number of the owner/operator; (2)the name, address,phone number and driver's license number of the house manager; (3) a copy of the sober living facility rules and regulations; (4) written intake procedures; (5) the relapse policy; (6) an affirmation by the owner/operator that the sober living facility will serve only tenants who are disabled as defined by state and federal law and documentation of the evaluation process which determines that tenants of the sober living facility are disabled; and (7) a fee for the cost of processing of the application as set by resolution of the City Council. b. There are no more than six tenants, not counting a house manager, but in no event more than seven tenants residing in the sober living facility. c. There shall be no more than three tenants per bedroom. d. Tenant rental agreements shall be no less than thirty (30) days, otherwise the operator shall be responsible for collecting and remitting a transient occupancy tax in accordance with Chapter 5.16 of this code. e. It is not located in an accessory dwelling unit unless the primary dwelling unit is used for the same purpose and if so, the residents in both the primary and secondary units shall be combined in determining whether the maximum number of six allowed by this section has been exceeded. f. It has a house manager who resides at the sober living facility or any multiple of persons acting as a house manager who are present and who are responsible for the day-to-day operation. g. It is not, at the time the sober living permit is issued, located within three hundred (300) feet, as measured from the closest property lines, of any other dwelling unit housing a group home or sober living facility. 58 h. All tenants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous, Narcotics Anonymous, or 12-Step Recovery. Current records of meeting attendance must be maintained. Refusal to actively participate in such a program shall be cause for eviction. i. Its rules and regulations must prohibit the use, sale or distribution of any alcohol or any non-prescription controlled substances by any tenant either on or off site. These rules and regulations shall be posted in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction and the violator cannot be re-admitted for at least ninety (90) days. Any second violation of this rule shall result in permanent eviction. Tenants that have a second violation shall not be permitted to reside in a sober living facility in the City for a period of twelve (12) months. j. No combination of tenants who are parolees, probationers or subject to the Uniform Controlled Substances registration requirements of Health and Safety Code Section 11590 shall exceed two. Notwithstanding the preceding, in no event shall any tenant violate any terms or conditions of probation or parole which prohibit the tenant residing with another parolee or probationer. k. No persons who are required to register as sex registrants under Penal Code Section 290 shall reside in the sober living facility. 1. It shall have a written visitation policy precluding visitors who are under the influence of any drug or alcohol, are probationers, or parolees. No visitors shall be permitted to spend the night or stay past 10:00 p.m. and a house manager must be present during visitations. m. It shall have regular drug testing or some equivalent alternative, to ensure that tenants are not currently using drugs or alcohol. n. It shall have a good neighbor policy that directs tenants to be considerate of neighbors, including refraining from engaging in excessively loud or obnoxious behavior that would interfere with the neighbors' enjoyment of their properties. The good neighbor policy shall establish a written protocol for the house manager to follow when a neighbor complaint is received. o. All garage and driveway spaces shall, at all times,be available and used for the parking of vehicles. There must be at least one off-street parking spot for every three tenants. Tenants may each only store or park a single vehicle at the dwelling unit or on any residential street within one thousand (1,000) feet of the dwelling unit. p. It shall not provide any treatment that would require a State license. 59 q. The operator shall be responsible for updating any information required by this subsection as soon as practical. r. It shall comply with all other laws, rules and regulations which may apply to its operation, including any building and fire codes and shall be subject to inspection by a building inspector and fire inspector prior to the issuance of any sober living permit. 2. The sober living permit shall be issued by the Community Development Director as a ministerial matter if the applicant is in compliance and has agreed to comply with the requirements of this section. If the application is for an R3 or R4 zone, a conditional use permit shall also be required in the same manner as for other boarding or lodging house uses. It shall be denied by the Community Development Director and if already issued shall be revoked upon a hearing by the Community Development Director under any of the following circumstances: a. Any owner/operator or house manager has provided any material false or misleading information on the application or omitted any pertinent information on the application; b. Any owner/operator or house manager has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; or selling or furnishing illegal drugs or alcohol. c. Any owner/operator or house manager has been or is convicted of or plead nolo contendere to any of the following offenses: i. Sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last seven years); ii. Arson offenses - violations of Penal Code Sections 451-455 (last seven years); iii. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last ten years); or iv. The sale or furnishing of any controlled substances (last five years). d. Any owner/operator or house manager is on parole or formal probation supervision within one year of the date of the submittal of the application or at anytime thereafter. e. Any owner/operator or house manager is a recovering drug or alcohol addict and upon the date of application or employment has had less than one full year of sobriety. 60 f. The owner/operator or house manager fails to immediately evict any tenant that uses alcohol or abuses any drugs, prescription or non-prescription, or is not actively participating in a legitimate addiction recovery program. g. The owner/operator accepts tenants, other than a house manager, who are not disabled/handicapped as defined by the FHA and FEHA. h. The sober living facility, as measured by the closest property lines, is located within three hundred (300) feet of any group home or sober living facility. If a group home moves within three hundred (300) feet of an existing sober living facility this shall not cause the revocation of sober living facility's permit or be grounds for denying a transfer of such permit. Sober living facilities in existence as of the effective date of this section and in compliance with this code as it existed prior to the effective date shall not�be subject to the three- hundred-foot distance requirement. i. The sober living facility fails to promptly update information required by this section which has become obsolete or inaccurate. j. The sober living facility unlawfully discriminates against tenants. k. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. 3. A sober living permit issued in accordance with this subsection shall be required for any sober living facility seeking a conditional use permit. 4. An applicant may seek relief from the strict application of this subsection pursuant to Chapter 17.10.045 of this code if necessary to afford a person with a disability a reasonable opportunity to enjoy a dwelling. BBB. Supportive Housing In the Public Institution District, only the following paragraph is applicable,regardless of the number of persons: Such housing is permitted,provided the housing is ancillary to an institutional use such as a church, hospital, or other permitted institutional use, and is administered by the institution involved. In designated residential and mixed use districts the following is applicable: Supportive Housing (six (6) or fewer persons) is permitted, provided that there are no more than six residents residing per legal lot who meet the definition of "target 61 population" provided in OMC Section 17.04.039. In addition to the residents, one on- site house manager is allowed. 1. Alternative Parking Standard. Supportive Housing (six (6) or fewer persons) shall comply with applicable development standards, including parking standards outlined in OMC Section 17.34. Due to the varying operational characteristics of such uses, an alternative parking standard may be warranted, and may be requested by the Applicant based on quantitative information demonstrating parking demand for the use. The request shall be considered by the Zoning Administrator at a Noticed public hearing. Notice shall be posted and mailed to surrounding property owners, in accordance with the requirements in OMC Section 17.08.040 B. Zoning Administrator approval shall be based on the following findings: a. The Applicant has demonstrated that the alternative parking standard is adequate to accommodate parking demand for the use based on its specific operational characteristics. b. Acceptance of the alternative parking standard will not cause deterioration or special problems for the area. City acceptance of the alternative parking standard is based on the specific operational characteristics of the use and is not applicable to a change in the use of the property in the future. In the OTMU district, the following is applicable: Existing Uses. Existing supportive housing (seven (7) or more persons) located in the OTMU zones, which was legally established prior to the effective date of Ordinance 06-13, is recognized as a "permitted use". Such uses are allowed to remain in the OTMU zones inde�nitely. Further, additions, reconstruction, alterations and expansions of such uses and facilities are allowed, provided that development is undertaken in accordance with all applicable Code standards. CCC. Transitional Housing (six (6) or fewer persons). In the Public Institution District, only the following paragraph is applicable,regardless of the number of persons: Such housing is permitted,provided the housing is ancillary to an institutional use such as a church, hospital, or other permitted institutional use, and is administered by the institution involved. In applicable mixed use districts the following is applicable: Transitional Housing (six (6) or fewer persons) is permitted,provided that there are no more than six residents residing per legal lot who meet the definition of "target 62 population" provided in OMC Section 17.04.039. In addition to the residents, one on- site house manager is allowed. In addition, Transitional Housing (six (6) or fewer persons) is subject to the Alternative Parking Standard provision identified in OMC Section 17.13.040 pertaining to Supportive Housing (six (6) or fewer persons). In the OTMU district, the following is applicable: Existing Uses. Existing transitional housing (seven (7) or more persons)located in the OTMU zones, which was legally established prior to the effective date of Ordinance 06-13, is recognized as a "permitted use." Such uses are allowed to remain in the OTMU zones indefinitely. Further, additions, reconstruction, alterations and expansions of such uses and facilities are allowed, provided that development is undertaken in accordance with all applicable Code standards. DDD.Vending Carts. The following regulations apply to mobile, removable vending carts only. The standards do not apply to stationary kiosks located within a commercial center or mall. 1. Vending carts shall be subject to site plan review in compliance with Section 17.10.060 (site plan review). 2. Written authorization of the property owner shall be submitted to the City at the time of application. 3. The area occupied by the vending cart and any associated service areas shall not exceed six feet by ten feet. All products associated with the vending cart shall be contained on the cart at all times. 4. Operating a vending cart within a public street or other public property shall not be permitted. 5. If food items are sold, details of the proposal shall be submitted to the Orange County Health Department for review and a report to the City relating to the acceptability of the proposal and any desired conditions of approval shall be submitted to the City at the time of project application. 6. An adequate means for trash disposal shall be provided and the site and surrounding area shall be kept clean and free of litter at all times. 7. The application shall include a dimensioned site plan identifying the specific location of the vending cart on the property and a brief description of the proposal,including the items to be sold,hours of operation, and plans for sanitary control. 63 8. All associated signs shall be attached to the cart (i.e., no freestanding signs shall be permitted). A total of two signs shall be allowed with sign area limited to four square feet each. In addition, one menu board sign up to four square feet in area shall also be allowed. 9. If food items are sold proof of issuance of a County of Orange Health Department permit authorizing operation of the mobile food vending cart shall be provided to the City prior to final approval of the proposed activity. 10. Amplified sound (e.g., music, voice) shall not be audible from a public right-of- way. 11. Flashing or moving lights on the vending cart, or products sold from the vending cart, shall not be visible from a public right-of-way. 12. The applicant shall enter into an agreement with the City acknowledging that the privilege to operate may be revoked in the event of violation of the City regulations. . 13. Vending carts shall be removed from the site during nonbusiness hours or carts may be stored onsite if located within an area not visible from a public right-of- way. 14. A City business license shall be obtained prior to the use of a vending cart. 17.13.050 CONDITIONAL USE REGULATIONS (+) A conditional use permit must be obtained pursuant to the requirements outlined in Section 17.08.030. In addition,the following special conditions shall be applied to specific uses, marked with a plus (+) in Table 17.13.030. A. Adult Enterprise. Such establishments shall comply with Section 17.13.040 (B) of this title. All conditional use permits for the purpose of permitting adult enterprises shall require issuance by the City Council, upon recommendation by the Planning Commission. B. Amusement Arcades. 1. The Zoning Administrator shall have the authority to grant conditional use permits for amusement arcades. 2. Because of the potential policing problems related to certain uses, a conditional use permit shall be issued only when a determination can be reasonably made that the use is compatible with land uses in the surrounding area. 64 3. All amusement devices shall be located as to be visible at all times by one or more employee of the business,including an on-duty manager at least eighteen(18)years of age. 4. Unless otherwise permitted by a conditional use permit,the hours of operation shall be limited to 7:00 A.M. to 12:00 A.M., daily; excepting Friday and Saturday nights wherein hours of operation shall be limited to 7:00 A.M. to 1:00 A.M. 5. The City may require that a licensed security guard be provided between 6:00 P.M. and closing on Friday and Saturday nights and the City may require licensed security guard(s) be provided during additional time periods, if warranted. 6. The City shall review interior and exterior lighting plans to ensure adequate lighting is provided. 7. The City shall periodically review the conditional use permit to ensure that no increase in police services is required. 8. The waiting area shall be enclosed by a solid wall taller than four feet. 9. A camera/video surveillance system shall be installed at all entrances and exits of the business to the satisfaction of the Police Department. A sign shall be posted at the entrance of the establishment and within the premise, visible to customers, stating that the business premise is under camera/video surveillance. Surveillance videos shall be retained by the business for thirty (30) days. Videos are to be available to law enforcement upon request. 10. Amplified music audible from the exterior of amusement arcades is prohibited. 11. Curfew and truancy signs shall be posted inside the business. In addition, the on- duty manager shall make an announcement prior to and immediately after curfew announcing City of Orange curfew laws. No loitering signs shall be posted outside of the entrance. 12. Records or documentation that identify customers using the computers shall be maintained on-site, including date, time, and computer used. These records shall be maintained by the business owner for a period of ninety (90) days and be available to law enforcement upon request. 13. Six months after the amusement arcade opens for business, the Crime Prevention Bureau will prepare a report that indicates the level of police services associated with the operation of the business. Should the report demonstrate that the applicant has not controlled excessive or unnecessary activity resulting in high use of police services and nuisance activities, or that the applicant has failed to comply with enforcement or implementation of ineasures related to curfew and truancy which were required as part of approval of the conditional use permit,then the conditional 65 use permit shall be referred to the Zoning Administrator for consideration of additional conditions or modification to existing conditions, or possible revocation of the original approval. If the Police Department determines that public safety concerns warrants an earlier review, it may cause the conditional use permit to be referred to the Zoning Administrator, prior to this six-month period for consideration of additional conditions or modification to existing conditions, or possible revocation of the original approval. 14. The windows of the business shall not be tinted or covered in a way that obstructs a clear view of the interior of the premises from the exterior. 15. Amusement arcades shall not be used as a sexually oriented/adult business as defined in O.M.C. Section 5.86. 16. The back door of the establishment shall remain closed, be equipped with a panic alarm, and used for emergency access only. C. Animal Raising or Keeping in Excess of Specified Limits. The number of animals kept on a site may exceed the maximum limits set forth in Section 17.13.040 for Animal Raising - Small or Large if it can be demonstrated that: 1. The property is of adequate size to accommodate the additional animals; 2. The keeping of the animals complies with all regulations established by relevant County of Orange ordinances; and 3. The keeping of additional animals will not adversely affect adjacent properties. D. Animal Raising—Small Animals. The provisions for "Animal Raising — Small Animals" outlined in Section 17.13.040 shall apply. E. Antennas, Wireless Communication. These facilities shall comply with the regulations described in Section 17.12.025 of this title. F. Automobile Repair, Minor. General automobile repair, including mechanical repairs, oil change, smog inspection, stereo installation, tune up, window tinting, or installation of tires,batteries and accessories,when the use is conducted entirely within a building, is permitted subject to issuance of a CUP on properties which are located less than one hundred (100) feet from any residentially zoned property. G. Automobile Sales and Service. New projects and buildings related to automobile sales and service shall comply with the following regulations. New buildings and additions to existing automobile sales and service facilities shall comply with the following regulations to the greatest extent feasible. 66 The following is required in commercial and industrial zones when a conditional use permit is required: 1. The indoor sales facility (showroom) shall contain a minimum of two thousand (2,000) square feet of floor area. 2. Repair and service facilities shall contain a minimum of one thousand six hundred (1,600) square feet of floor area. 3. All automobile repair and service work shall be conducted within an enclosed building, or screened from view from adjacent streets and adjoining properties. 4. Public address systems shall not be audible from any exterior boundary of the site. 5. All exterior lighting shall be designed and installed to prevent direct glare from impacting adjoining properties. All lighting plans shall be subject to City review and approval. In addition to the above conditional use permit requirements for automobile sales and service uses in commercial and industrial zones, the following regulations apply in mixed use zones when a conditional use permit is required: 1. The indoor display facility (showroom) may be set back from the front property line not more than twenty-five (25) feet. This setback area may be used for the display of vehicles in a manner that is integrated with the design of the landscaping and/or showroom. A landscaped area a minimum of five feet in depth shall be provided between the indoor display facility and the front property line or outdoor vehicle display area. 2. The indoor display facility shall have direct pedestrian access to the adjacent public sidewalk. 3. Any outdoor area used for the display or storage of vehicles that is visible from a public street shall be limited to not more than two times the area of the indoor display area. This limitation does not apply to the use of structured parking for the display or storage of vehicles. There is no limitation on the size of outdoor vehicle storage areas that are screened from public view. H. Automobile Service Stations. Service stations shall comply with Automobile Service Stations Special Use Regulations numbers 3 through 8 as contained in Section 17.13.040 of this title. In commercial zones where Automobile Service Stations are conditionally permitted, the following is also required: 67 1. A CUP shall be required, subject to approval of the Planning Commission unless otherwise provided, when any of the following apply: a. Site is located at the intersection of an arterial and local street. b. Any portion of the site is located less than two hundred(200)feet, as measured horizontally in a straight line in any direction, from any property located in any "R" residential district. c. An application is made for any original off-sale beer or beer and wine license in conjunction with the sale of motor fuel, subject to recommendation by the Planning Commission and final determination by the City Council. 2. Minor site plan review shall be required for the following applications: a. An application to reopen an idle service station. An idle service station is defined as one which has not been opened for business for at least ninety (90) eight hour days, out of the previous one hundred eighty(180)consecutive days. Said minor site plan review shall be subject to approval by the Community Development Director, and shall be approved only upon adherence to all development standards of the base zone; b. An application is made to convert any substantial portion of an active or idle service station to another use. Said minor site plan review shall be subject to approval by the Community Development Director. In the event that the service station use is to be terminated, and the structure converted to another use, the Community Development Director may require the removal of pump islands, canopies, service bays, signs and other indicia of service station identification. In the event of a partial conversion or addition of uses requiring a CUP, (such as conversion or addition of floor area for a mini market or car wash), the reviewing body may require such site plan alterations as improvements to access and circulation. In all cases, development shall comply with development standards of the base zone. I. Bars. All bars shall comply with the alcoholic beverage control provisions contained in Chapter 17.30 of this Title. J. Bed and Breakfast Inns. 1. Only historic structures will qualify for use as a bed and breakfast inn. Historic significance shall be identified by prior listing in the City's historic building survey, individual listing as a contributing structure within the Old Towne Historic District, or by a Historic American Building Survey ("HABS": an evaluation of the building's historic qualities prepared by an architect or other professional consultant and submitted for review by city staff and the Planning Commission.) 68 2. An owner, manager, proprietor or caretaker of the property must reside on the subject premises at all times. 3. No cooking facilities shall be permitted in any guest room. 4. Guest meals shall be served only to persons registered as overnight guests. K. Billiard Parlors. 1. Because of the potential policing problems related to such a use, a conditional use permit shall be issued only when a determination can be reasonably made that the use is compatible with land use in the surrounding area. 2. All pool tables and incidental video games, pinball machines, and the like shall be located so as to be visible at all times by one or more employees of the business. 3. The City may impose conditions limiting the hours of operation. 4. The City may require that a private security guard be provided. 5. The City may review interior and exterior lighting plans to ensure adequate lighting is provided. 6. The City may periodically review the conditional use permit to ensure that no increase in police services is required. L. Bingo Games. The following is required in commercial, mixed use, and industrial zones when a conditional use permit is required: 1. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. The following is required in commercial and mixed use zones when a conditional use permit is required: 1. Bingo games as a stand-alone use shall only be conducted within a recreation or assembly hall, clubroom, or similar facility designed for group activities. 2. All conditional use permits for the purpose of permitting bingo games shall require issuance by the City Council, upon recommendation by the Planning Commission. 69 M. Boat Sales and Service. All boat sales and service facilities are subject to the following standards: 1. Outdoor display areas situated within one hundred (100) feet of any street or highway shall be landscaped, and an adequate system for irrigation or sprinkling of plants shall be provided. A detailed landscape plan shall accompany development plans submitted with the application for a conditional use permit. 2. Public address systems shall not be audible from the exterior boundaries of the developed site. 3. All exterior lighting shall be designed to prevent direct glare on adjoining properties and all lighting details shall be submitted for approval. N. Collection Facilities (Including Reverse Vending Machines).The establishment or expansion of a collection facility (including reverse vending machine(s) located outside a structure). Such conditional use permits are subject to review and approval by the Zoning Administrator. A single conditional use permit may be granted to allow more than one reverse vending machine or small collection facility located on different sites under the following conditions: 1. The operator of each of the proposed facilities is the same; 2. The proposed facilities are determined to be similar in nature, size and intensity of activity; and 3. The applicable development standards set forth in this section are met for each such proposed facility. In reviewing a conditional use permit request,the following development standards shall apply: 1. Reverse Vending Machine(s). a. Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes; b. Shall be located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation; c. Shall not occupy parking spaces required by the primary use; d. Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be not more than eight feet in height; 70 e. 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; f. Shall have a sign area of a maximum of four square feet per machine located on the machine, exclusive of operating instructions; g. Shall be maintained in a clean, litter-free condition on a daily basis; h. Operating hours shall be at least the operating hours of the host use; i. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. 2. Small Collection Facilities. a. Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning,building, and fire codes; b. Shall be no larger than five hundred (500) square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers; c. Shall meet with the setback requirements of the base zone; d. Shall not obstruct pedestrian or vehicular circulation; e. Shall accept only glass,metals,plastic containers,papers and reusable items; used motor oil may not be included; f. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule; g. Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present; h. Shall be maintained free of litter and any other undesirable materials, and mobile facilities at which truck or containers are removed at the end of each collection day shall be swept at the end of each collection day; 71 i. Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA; j. Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 A.M. and 7:00 P.M.; k. 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 a recognized service corridor and acoustical shielding between the containers and the residential use; 1. Containers shall be clearly marked to identify the type of materials which may be deposited; the facility shall be clearly marked to identify the name and telephone number of a facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers; m. Signs may be provided as follows: i. Recycling facilities may have identification signs with a maximum of 20 percent per side or 16 square feet, whichever is greater, in addition to informational signs required in Section 17.18.060.J.2.1; ii. Signs must be non-illuminated; n. The facility shall not be located in any required landscaping area; o. No additional parking will be required; p. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; q. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist: i. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; ii. A maximum reduction in available parking space in an established parking facility may be allowed as follows: 72 IVumber of.` Available Parking - A maximum Spaces Maximum Reduction reduction of five spaces will be 1-25 0 allowed when not in conflict with 26-35 2 parking needs of the host use. 36-49 3 3. Large 50-99 4 100 and up 5 Collection Facilities. a. The facility shall be screened from the public right-of-way by: i. Operating in an enclosed building; or ii. Within an area enclosed by an opaque fence or wall a minimum six feet in height, and including a landscaping planter a minimum three feet in width and landscaping; or iii.At least 150 feet from property zoned residential; b. The facility shall not be located in any of the required landscaping for the host use; c. The facility shall not be located in any of the required setbacks of the base zone; d. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. i Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing; e. The site shall be maintained free of litter on a daily basis; f. Noise levels shall not exceed the levels established by Chapter 8.24 of the Orange Municipal Code; g. If the facility is located within 500 feet of property zoned residential, it shall not be in operation between 7:00 P.M. and 7:00 A.M. 73 h. Space will be provided on site for six vehicles to circulate and to deposit recyclable materials; i. Any containers provided for after hours donation of recyclable materials shall meet the following: i. Be located at least 50 feet from any residential use; ii. Be sturdy and rust proof construction and shall have sufficient capacity to accommodate materials collected; iii. Be secured from unauthorized entry or removal of material; iv. Be clearly marked to identify the type of material that may be deposited; v. Be clearly marked that no material is to be left outside the containers. j. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; k. Power driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material are permitted if noise and other conditions are met. O. Commercial Nursery with Seasonal Sales. 1. No seasonal sale period shall exceed one consecutive thirty (30) day period during a calendar year. 2. At least one portable chemical toilet facility shall be made available on the site at all times during the sales period. P. Dance Floor As Accessory Use. A dance floor is considered an accessory use and a conditional use permit is required only if any one of the following circumstances apply: 1. Over 300 square feet of space is used as dance area; or 2. Over 15 percent of the public area of the building or lot is used as dance area; or 74 3. The dance area is within 500 feet of a residential zone. If none of these circumstances apply,no conditional use permit shall be required for an accessory dance floor. Q. Dog Kennels. 1. The use table contained in Chapter 17.13 of this Title indicate the zones in which dog kennels are permitted by conditional use permit. Those zones include the A1, M1 and M2 Districts. 2. Conditional Use Permit Required. A conditional use permit shall be required for the establishment of a new kennel, the expansion of an existing kennel, or the construction or expansion of residential units to be used in conjunction with a kennel. 3. Guidelines to be Used in Conditional Use Permit Review. The following development standards shall be considered by the Planning Commission in its review of a conditional use permit application for a kennel. These standards are not mandatory conditions but shall be applied as the Commission sees necessary to ensure the proposed kennel will not adversely affect surrounding land uses. Lack of compliance with any one of the standards may be a cause for denial by the Commission. a. Site Coverage. Kennel facilities, including all runs, feeding areas, grooming centers, storage areas, drainage paths, and offices should not occupy more than thirty (30) percent of the total area of the property. b. Animal Population Density. The animal population density shall not exceed two hundred (200) dogs per acre of property set aside for the animal runs. c. Setbacks. All kennel facilities should be set back a minimum of ten feet from any property line not abutting another kennel. d. Cooling. Kennel facilities should be cooled with electric fans, shade trees, or covered segments of the run. e. Separation. A minimum twenty-four (24)-inch high masonry wall should separate adjacent runs. f. Walls. A six foot high masonry wall, as measured from the high grade side of the wall, shall be erected to obscure views of the animal run areas from adjacent properties. g. Additional Conditions. The Planning Commission may specify additional conditions as it determines to be necessary to achieve land use compatibility. 75 4. Mandatory Conditions. The following standards are mandatory requirements for all kennels: a. Dog Kennel Construction. Construction standards, area and sanitation shall conform to requirements specified by the Orange County Animal Control for licensing of kennels. b. Premises Attended. At least one person employed by the kennel shall be on the premises at all times of the day. c. Sound Attenuation. Kennel facilities shall conform to Cha�ter 8.24 (Noise Control) of the City of Orange Municipal Code. Methods to provide soundproofing may include applying sound absorbing materials to the faces of buildings and walls and providing enclosed sleeping quarters to house the dogs at night. 5. County Review. Kennels shall maintain a current license issued by the Orange County Animal Control. 6. Revocation of Use Permit. Repeated or serious violation of these regulations or conditions of approval shall constitute grounds for revocation of the Conditional Use Permit. R. Drive-in Dairy. 1. The sale of alcoholic beverages shall not be permitted. 2. No processing or bottling shall be conducted on the premises. S. Drive-through Windows. The following regulations apply to drive-through windows in the Commercial, Mixed Use, and Industrial zones: I. Commercial Zone Drive-through Windows.The following standards shall apply to the design of any business providing windows for drive-through service: 1. Drive through lanes shall not obstruct the circulation routes necessary for access to the property, parking areas (including backup area of parking spaces), and pedestrian walkways. 2. Pedestrian walkways shall be emphasized by enriched paved or striping. 3. Drive through lanes shall be a minimum of 12 feet in width. 4. Any application for a drive through window shall include a parking or queuing study that is based on similar operations,addressing the anticipated traffic volumes and vehicular stacking needs of the proposed business. 76 5. During the initial staff review, the City's Police Department shall review and approve the proposed drive through configuration to assure that public safety and security issues are adequately addressed. II. Mixed Use Zone Drive-through Windows. The following standards shall apply to the design of any new development providing drive-through service: 1. Drive through windows and lanes shall not obstruct the circulation routes necessary for access to the property, parking areas (including backup area of parking spaces), and pedestrian walkways. 2. Drive through lanes shall not be located adjacent to a street, including side streets. 3. Buildings shall be oriented towards the street with pedestrian connections to the adjacent sidewalk.Parking shall not be allowed between the building and the front property line. 4. Drive through lanes shall be a minimum of twelve (12) feet in width and shall have a minimum inside radius of sixteen (16) feet at curves. 5. Applications for businesses with drive through lanes shall include a parking or queuing study that is based on similar operations, addressing the anticipated traffic volumes and vehicular stacking needs of the proposed business. 6. Entrances and exits to/from drive through lanes (queuing aisles) shall be at least thirty (30) feet from the interior side of a driveway apron providing access to a public or private street or alley. 7. There shall be a minimum distance of forty (40) feet between the entrance to the drive through lane and the first menu board for vehicle stacking. 8. Each drive through lane shall be separated by curbing and landscaping from the circulation aisles provided for ingress or egress from the site, or access aisles to off-street parking spaces. 9. Pedestrian walkways should not intersect the drive through lanes. Where they do, they shall have clear visibility and be emphasized by enhanced paving or markings, as deemed necessary by the Community Development Director. 10. Sound from a loudspeaker system (e.g., menu board) shall not be audible at any exterior boundary of the site. In the case of a mixed use project with residential uses, but without intervening property lines between the uses 77 (including vertical mixed use projects) , an acoustical study that analyzes the noise impact on nearby residential uses may be required at the time of project application. The study shall recommend mitigation measures to eliminate any noise impact on residential uses, including the use of touch screen/pad menu boards. 11. At the point of ordering, the microphone/speaker system shall also contain an electronic readout message that displays the order and cost. 12. A solid six-foot high masonry sound wall shall be constructed on the property boundary when the site is contiguous to residentially zoned or used property(s). 13. During the initial staff review of the application, the City's Police Department, in coordination with the Public Works Department, shall review and approve the proposed drive through configuration to ensure that public safety and security issues are adequately addressed. 78 �y f .,• �Y . � : �., ; ,�.;��_� ',� :. �' � �� ,� � `� �;.::1 .?.�� •�� Ya J�Y y . . . y ��£ �� r 6'i' �� .�, � •; �'�. ,WN •� �� '�� •* � .J ! �q' � ��= ', . � t� . Z � . � � •'� _�...�._p >,�.,�,,��,.�' `�` �.,?� � �'F �.�A�^� �� _ �, `(�. . 4� � `i, �• .t'*g� ,y \` { .. l t �6� �� r � ��'� � .�s� f � ,� '�� u , �� ' A� - _ `�' �. . ';,-_ � , � ',�C � .. Menuboard'� �, ,i .z� °"1 I �,�``� � � .. . ,� _ ;� ,� � �. .,' �'� i� � :> - � � ", i :� �" ~'� � . �, �','-� � . - • . .. � �, � � �, � ��. <- " ; 12� � • • . �� r� � d � t • ,.,. � � , ,,,'�` --- ,r, �� '°4` 1 . :�' ' . i ' r� . � . � . . . ;: : 40' .� �" k � � -._.. .�'t�j� .;�.. _ � �� ( ,,,( ,;�' ► �� . ��'� � `--t. �" ,.� '`� � ` .. , � � � .. � � . ;�;, , � ..� ,. , . :.��. � . �� „ � . .� : � � �$. �,� �� . . , ..��. � � . . . � , r . . . .. ... . . . � .:.ro .:. �� . � .. �._ : . � . _ .. ,.: . .-..:..-� � �. . .. . ��; :� .��,,.. � : � �:� s �. � . �� : . . . __ _ _�.�� . � �-�.u� � �� ; 30� �" `�� ''o. __�.� _.Y�__ ► ��. � I }��. �� f , - ''�-.,�" f I t � �_..� , i 1 ! i $ I ! ! I ��-I I ; i I I � ' � I � Typical Drive Aisle Configuration Exhibit III. Industrial Zone Drive-through Windows. Commercial businesses providing windows for drive-through service may only be developed within an integrated industrial or commercial complex, and shall be developed in accordance with the standards for "Commercial Zone Drive-through Windows." T. Entertainment Establishment.The Police Department shall review all applications for such establishments and shall recommend conditions as deemed appropriate. 79 U. Excavation of Materials i. Rock, sand, gravel and similar materials may be excavated and removed, provided such activities preserve the integrity of the watercourse. ii. The permitted excavation azea shall continue to receive and release flood waters in a manner equal to that experienced prior to any excavation. iii. Such excavations shall be contained within the FP-2 area and shall not create a potential flood hazard to adjacent properties resulting from flood conditions. iv. All excavation activity sha11 conform to the operational and reclamation conditions set forth in Chapter 17.32 of this Title. V. Family Day Care Home—Large (Seven to Twelve Children). 1. No other licensed and permitted large-family day care home shall exist within three hundred (300) feet of the exterior property boundaries of the proposed facility. 2. The Noise Ordinance of the Orange Municipal Code (Chapter 8.24) shall be complied with at all times, and hours of outdoor play or activities shall only be permitted between the hours of 8:00 A.M. and 8:00 P.M. 3. On-site garages and parking areas needed to meet the parking requirements of the zone shall not be converted to any other use. 4. All owners of real property within one hundred (100) feet of the property boundaries of the proposed use, as indicated on the last equalized assessment roll and the City Council, shall be notified by the Zoning Administrator regarding the application not less than ten days prior to the date on which the decision will be made. 5. No hearing on the application for a permit issued pursuant to this section shall be held before a decision is made unless requested by the applicant or other affected person, in writing, prior to 3:00 P.M. of the decision date. 6. The applicant or other affected person may appeal the decision on the application within fifteen (15) days of the decision. Appeals shall be made in accordance with Section 17.08.050. W. Fortunetelling. All fortunetelling businesses shall be conducted in compliance with Cha�ter 5.55 of the Orange Municipal Code. X. Hazardous Waste Facilities. All such facilities shall comply with the hazardous waste controls as described in Chapter 17.42. 80 Y. Hospitals. Hospitals and other health facilities as defined in the Hospital Seismic Safety Act of 1983, California Health and Safety Code Sections 15000 et seq., shall be permitted subject to issuance of a conditional use permit by the City Council, upon recommendation by the Planning Commission. Z. Hot Dog Vending Carts. � 1. Written authorization of the property owner shall be submitted to the City. 2. Provisions shall be made to provide on-site restroom facilities for the operator of the mobile food vending cart. 3. A hot dog vending cart shall be operated from an Office-Professional, Commercial or Industrial zoned property with the cart at a fixed location which must be at least three hundred (300) feet away from any public street or sidewalk and not closer than two hundred (200) feet from any residentially zoned property, church, school or park. Additionally, only one such cart may operate from any property. 4. The area occupied by the cart and any condiment service areas shall not exceed five feet by eight feet. 5. No selling within a public street or sidewalk shall be permitted. 6. Details of the proposal shall be submitted to the Orange County Health Department who will generate a report to the City relating to the acceptability of the proposal and include desired conditions of approval, prior to consideration of the conditional use permit by the City. 7. An adequate means for litter disposal shall be provided. 8. The application shall include a dimensioned site plan identifying the specific location on the property from which food vending is to take place and a brief description of the proposal, which shall include the specification of items to be sold, hours of operation, and plans for sanitary control. 9. Any signs shall be attached to the cart (i.e., no freestanding signs shall be permitted) and limited to a total display area of thirty (30) square feet. 10. Commissary facilities must be located within the County and proof of the issuance of a County of Orange Health Department permit for such facility shall accompany the application. 11. Proof of issuance of a County of Orange Health Department permit authorizing operation of the mobile food vending cart shall be provided to the City prior to final approval of the proposed activity. 81 12. Decision of the Design Review Committee shall be received prior to public hearing for the conditional use permit. 13. The applicant shall enter into an agreement with the City acknowledging that the privilege to operate may be revoked in the event of violation of the City regulations or terms of this approval. 14. The Planning Commission shall conduct an annual review of each approved hot dog vending cart to ensure compliance with all conditions and regulations. AA.Hotels and Motels. 1. For hotels and motels containing less than fifty(50) guest rooms,kitchenette units may be provided in up to twenty-five (25) percent of the rooms. 2. For hotels and motels containing fifty(50) or more guest rooms, kitchenette units may be provided in up to one hundred (100) percent of the rooms. BB. Instructional Use (In Residential, Commercial, Mixed Use, and Industrial Districts). Any instructional use exceeding the uses' Special Use Regulation may submit a conditional use permit application provided that a shared-parking study analysis, or an offset-hours parking study analysis, conducted by a qualified person, is submitted with the application. CC.Reserved. DD.Integrated Industrial or Commercial Complex. A development that contains interdependent or service-related uses including, but not limited to banks, dry cleaners, post offices, motels, and restaurants (with or without drive-through service). EE. Job Centers. 1. Conditional Use Permit Required. A job center may only be located within commercial or industrial districts with a conditional use permit and may be the primary use or an accessory use, provided that the area designated as the site for users to congregate is at least one hundred (100) feet away from the nearest residential use as measured from the nearest property line. 2. Guidelines to be Used in Conditional Use Permit Review. The following development standards shall be considered by the Planning Commission in its review of a conditional use permit application for a job center. a. Restroom Facilities. Adequate restroom facilities shall be made available during all hours that the job center is in operation. 82 b. Operating Hours. Operating hours shall begin no earlier than six A.M. and end no later than noon. Extended hours may be granted upon a showing of a need. c. Trash Receptacles. Trash receptacles shall be available and shall be . maintained in a manner so as.to prevent any overflow. The job center shall be . maintained free of litter. d. Site Plan. A site plan shall include a circulation plan that includes a designated site at which users can congregate and which promotes safe ingress and egress and causes minimal disruption to public street traffic flow. The congregation site shall not be located in an area that utilizes parking space at any time when any business that is authorized to use such parking is open. e. Rules for Use. A set of rules governing the conduct of persons utilizing the job center shall be submitted with any application. The rules shall be designed to provide for an orderly method of employment and to prevent large groups of individuals from rushing a potential employer. The rules shall provide that users shall not go upon adjacent private property or the immediately adjacent public right-of-way for the purpose of solicitation and shall not otherwise interfere with any adjacent or nearby business or their customers. The rules shall provide that individuals violating these rules will be prohibited from utilizing the job center. The job center shall keep a list of the names of any individuals who have been prohibited from utilizing the job center and make such list available to the City upon request. The rules governing the use of the job center shall be posted in a conspicuous place on the property. f. It is left to the property owner to determine what, if any, identification may be required from persons using the job center, whether or not to charge a fee and • to otherwise determine compliance with state and federal laws. g. If the job center results in a significant increase in police services to the location or adjacent locations, related to day laborer activities, the City may require that a private security guard be provided. (Ord. 23-07) FF. Liquor Stores. All liquor stores shall comply with the alcoholic beverage control provisions contained in Section 17.10.030 of this title. GG.Chemicals, Manufacturing. Chemical products shall not be manufactured within three hundred (300) feet of any residential property. HH.Mobile Homes. In all areas of special flood hazards, mobile homes sha11 comply with the following regulations: 83 i. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: (a) Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations.Mobile homes less than 50 feet long shall require one additional tie per side; (b) Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points. Mobile homes less than 50 feet long shall require four additional ties per site; (c) All components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and (d) Any additions to the mobile home shall be similarly anchored. ii. The following requirements apply to new mobile home parks and mobile home subdivisions; expansions to existing mobile home parks and mobile home subdivisions;existing mobile home parks and mobile home subdivisions where repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and to mobile homes not placed in a mobile home park or mobile home subdivision: (a) Stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be a minimum of one foot above the base flood level; and further provided that the fill does not increase the elevation of the design flood level, or that any increases be fully provided for by means of water course improvements approved by the City Engineer. (b) Adequate surface drainage and access for a hauler shall be provided. (c) In the instance of elevation on pilings, lots must be large enough to permit steps; piling foundations must be placed in stable soil no more than ten feet apart; and reinforcement must be provided for pilings more than six feet above the ground level. iii. No mobile home shall be placed in a floodway except in an existing mobile home park or an existing mobile home subdivision. (a) Residential Structure Other Than Mobile Home. The lowest floor, including the basement, must be elevated to one foot above the design flood level or must be protected by a flood protection system or floodproofing. (b) Permanent Non-Residential Structure. The lowest floor, including the basement, must be elevated to one foot above the design flood level or must be protected by a flood protection system or floodproofing. II. Outdoor Use. Any industrial production, processing, cleaning, testing, repair, storage, or similar activities, shall require a conditional use permit when conducted within three hundred(300)feet of any residential district. The screening requirements contained in Section 17.20.070 shall apply to all outdoor uses. 84 JJ. Pawnshop. 1, Because of the policing problems related to a pawnshop use, a conditional use permit shall be issued only when a determination can be made that the use is compatible with existing businesses in the immediate area and nearby residential neighborhoods. 2. The use shall adhere to requirements established by the Orange Police Department for the physical security of the facility. 3. The City may review the conditional use permit periodically to ensure compliance with the conditions imposed and to ensure compliance with Sections 5.58.010 and 5.58.120 of the Orange Municipal Code. KK. Planned Unit Developments. Planned Unit Developments shall be developed in accordance with the requirements of Chapter 17.16 of this title. LL. Recreational Vehicle Storage Facilities. 1. Enclosed or covered facilities are discouraged. 2. Recreational vehicle storage facilities shall be set back twenty (20) feet from all property lines abutting other residentially zoned property. Dense landscaping shall be provided in the setback area in conjunction with a solid wall or fence enclosure at/or beyond the setback. 3. Recreation vehicle storage facilities shall be set back ten feet from alleys or drainage facilities and twenty(20) feet from local and arterial streets. All setback areas shall include dense landscaping. 4. Lighting, security provisions, and other site improvements shall be considered on a case-by-case basis in relation to the site context. MM.Restaurant with Alcohol. All restaurants serving alcohol shall comply with the alcoholic beverage control provisions contained in Section 17.30.010 of this title. NN. Restaurants with On-Site Brewing and Sale of Beer. All restaurants brewing and selling beer shall comply with the Alcoholic Beverage Control provisions contained in Section 17.30.010 of this title. 00. Sale of Alcoholic Beverages. A conditional use permit shall be required for both on- sale and off-sale of alcoholic beverages, in accordance with Section 17.30.010 of this title. 85 PP. Senior Citizen Housing Development. A senior citizen housing development shall be developed in accordance with the requirements contained in Chapter 17.15 of this title. QQ. Senior Housing. Senior housing development shall comply with the multi-family development provisions of Section 17.19.090, and the NMU-24 development standards contained in Table 17.19.120, except for building height, which shall be dictated by the height standards of the subject commercial zone, and except for density and floor area ratio, which shall be dictated by the underlying General Plan Land Use designation. RR. Small Buildings. Any detached commercial building with a gross floor area of approximately two hundred (200) square feet, unless such building is either an accessory building to a permitted use or is within a commercial mall accessible only to pedestrian traffic. Such structures shall be designed and located in accordance with the following criteria: l. Pedestrians or vehicles utilizing or waiting to utilize the building shall not impede or endanger pedestrian or vehicular traffic on public streets, or on the project site itself. 2. The structure shall not occupy required parking spaces or required landscaping area. 3. There must be more than one vehicular access point from the public street to the property, or properties served by a single parking lot. 4. A small commercial building located on a developed parcel must be architecturally compatible with the design of the existing building(s) on site. 5. Landscaping shall be provided adjacent to building faces not primarily used to service customers. Landscaped area shall have the same width as the building and extend a distance of at least five feet from the nearest building face. 6. A telephone or other effective means of communication must be provided for employees within the building, and the building must contain one doorway and at least two windows, all of which are manually operable. 7. Sanitary facilities must be made available to employees occupying a small building. Such facilities may be provided by an adjacent commercial building, located within one hundred fifty (150) feet of the small building. Written consent must be provided to the City, granting such use. SS. Supportive Housing (seven(7) or more persons). Supportive Housing (seven (7) or more persons) is subject to the Alternative Parking Standard provision identified in OMC Section 17.13.040 pertaining to Supportive Housing (six (6) or fewer persons). 86 TT. Transitional Housing. Transitional Housing (seven (7) or more persons) is subject to the Alternative Parking Standard provision identified in OMC Section 17.13.040 pertaining to Supportive Housing (six (6) or fewer persons). UU. Tree or Shrub Farm. 1. Incidental wholesale sales are permitted; retail sales are not permitted. 2. The only accessory structure permitted in conjunction with a tree or shrub farm shall be an equipment storage building, not exceeding two hundred (200) square feet and ten feet in height. Greenhouses or shade structures used solely for the purpose of sheltering plants may be permitted subject to minor site plan review. 17.13.060 PROHIBITED USES Any use not listed in Section 17.13.030 as a permitted use, conditional use, or accessory use is prohibited. However,with the exception of uses in the Flood Plain Overlay,the Community Development Director or his designee shall have the authority to determine if an unlisted use substantially conforms to the intent of this chapter. Also specifically prohibited in the Flood Plain Overlay Districts is any excavation, improvement, development, or encroachment that will do the following: a. Obstruct or create debris-catching obstacles to the passage of the design flood; or b. Cause a cumulative increase in the elevation of the design flood water profile more than one foot at any point; or c. Will tend to broaden or direct flood flows out of the natural floodplain; or d. Will otherwise cause a potential hazard to life or property resulting from flood flows within the FP-1 and FP-2 areas. 17.13.070 -LAND USES NOT LISTED. The Community Development Director shall have the authority to determine if an unlisted use substantially conforms to the purpose of the applicable zoning district as provided in Section 17.13.010 and is similar to a use listed in Table 17.13.030. If the Community Development Director determines an unlisted use is not substantially confornung, but may be similar in character to other uses listed in Table 17.13.030, the use may be considered by the Planning Commission with a Conditional Use Permit. SECTION VII: OMC Section 17.14.020 is hereby amended to add and delete the following, which shall read as follows: 87 17.14.020 - Districts Established. Sixteen residential zoning districts are established by this chapter. All uses within these districts are subject to the provisions of Table 17.13.030, and all development shall be in accordance with the City's General Plan Land Use policy goals and with the development standards set forth in Table 17.14.070. A. R1-5 (Single-Family Residential). A single-family residential district with a minimum lot area of 5,000 square feet. The R1-5 district is created to implement the East Orange General Plan where policies have been established to ensure functional and attractive single-family neighborhoods. The R1-5 designation shall be permitted only in areas designated Low Medium Density Residential on the General Plan Land Use Policy Map. The R1-5 district is intended for limited use(no more than 10% of total residential product mix)in large scale development projects in which at least 40°Io of the planning area is retained as permanent open space. B. R1-6(Single-Family Residential).A single-family residential district with a minimum lot area of 6,000 square feet. C. R1-7 (Single-Family Residential).A single-family residential district with a minimum lot area of 7,000 square feet. D. Rl-8 (Single-Family Residential).A single-family residential district with a minimum lot area of 8,000 square feet. E. R1-10 (Single Family Residential). A single family residential district with a minimum lot area of 10,000 square feet. F. R1-12 (Single-Family Residential). A single-family residential district with a minimum lot area of 12,000 square feet. G. R1-15 (Single-Family Residential). A single-family residential district with a minimum lot area of 15,000 square feet. H. R1-20 (Single-Family Residential). A single-family residential district with a minimum lot area of 20,000 square feet. I. R1-40 (Single-Family Residential). A single-family residential district with a minimum lot area of one acre (43,560 square feet). J. R1-R (Single-Family Residential). A single-family rural residential district with a minimum lot area of two and one-half acres (108,900 square feet). The purpose of this district is to allow for low density rural residential use in a manner which will eliminate or minimize modifications to significant riparian habitat, oak woodlands and prominent landforms located within the areas encompassed by this land use designation. K. R2-6 (Duplex Residential). A residential district that provides opportunities for duplex development on lots containing a minimum area of 6,000 square feet. This district recognizes the need to provide multiple-family housing in the form of duplexes,detached dwellings, or small apartment buildings. 88 L. R2-7 (Duplex Residential). A residential district that allows duplex housing on lots containing a minimum area of 7,000 square feet. M. R2-8 (Duplex Residential). A residential district that allows duplex housing on lots containing a minimum lot area of 8,000 square feet. N. R-3 (Multiple-Family Residential). A multiple-family residential district which allows apartments, condominiums, and townhomes. The purpose is to provide a minimum of ground area coverage and a maximum of open space within higher density developments. O. R-4 (Multiple-Family Residential). A multiple-family residential district which allows apartments, condominiums, and townhomes. P. MH (Mobile Home Residential). A mobile home district which allows for the preservation and construction of mobile home parks. The district recognizes the need to provide the unique setting and services of a mobile home park. SECTION VIII: OMC Section 17.14.030 is hereby deleted in its entirety and marked reserved: 17.14.030—Reserved. SECTION IX: OMC Section 17.14.040 is hereby deleted in its entirety and marked reserved: 17.14.040—Reserved. SECTION X: OMC Section 17.14.050 is hereby deleted in its entirety and marked reserved: 17.14.050—Reserved. SECTION XII: OMC Section 17.18.030 is hereby deleted in its entirety and marked reserved: 17.18.030—Reserved. SECTION XIII: OMC Section 17.18.040 is hereby deleted in its entirety and marked reserved: 17.18.040—Reserved. 89 SECTION XIV: OMC Section 17.18.060 is hereby deleted in its entirety and marked reserved: 17.18.060—Reserved. SECTION XV: OMC Section 17.18.070 is hereby deleted in its entirety and marked reserved: 17.18.070-Reserved. SECTION XVI: OMC Section 17.19.030 is hereby deleted in its entirety and marked reserved: 17.19.030—Reserved. SECTION XVII: OMC Section 17.19.040 is hereby deleted in its entirety and marked reserved: 17.19.040—Reserved. SECTION XX: OMC Section 17.19.050 is hereby deleted in its entirety and marked reserved: 17.19.050—Reserved. SECTION XXI: OMC Section 17.19.070 is hereby deleted in its entirety and marked reserved: 17.19.070—Reserved. SECTION XXII: OMC Section 17.20.030 is hereby deleted in its entirety and marked reserved: 17.20.030—Reserved. 90 SECTION XXIII: OMC Section 17.20.040 is hereby deleted in its entirety and marked reserved: 17.20.040—Reserved. SECTION XXIV: OMC Section 17.20.050 is hereby deleted in its entirety and marked reserved: 17.20.050—Reserved. SECTION XXV: OMC Section 17.20.060 is hereby deleted in its entirety and marked reserved: 17.20.060 --Reserved. SECTION XXVI: OMC Section 17.22.020 is hereby amended to add and delete the following, which shall read as follows: 17.22.020 -Districts Established. Three agricultural/open space districts are established by this chapter as follows: A. Agricultural (A1). This district allows for a variety of agricultural uses, as well as low intensity recreational and open space uses. B. Recreational Open Space (RO). The purpose of this district is to protect properties from hazards such as flooding and landsliding, to protect natural resources and scenic features for public enjoyment and use, and to set aside areas of the City for active and passive recreational use, consistent with General Plan policy. C. Slope Hazard(SH). This district is intended to protect properties from naturally occurring hazards such as landsliding, faulting, erosion, and other earth movement. Toward this end, no structures are permitted within this district except public utility buildings and structures subject to approval of a conditional use permit as identified in Table 17.13.030. SECTION XXVII: OMC Section 17.22.030 is hereby deleted in its entirety and marked reserved: 17.22.030—Reserved. 91 SECTION XXVIII: OMC Section 17.22.040 is hereby deleted in its entirety and marked reserved: 17.22.040 -Reserved. ECTION XXIX: OMC Section 17.22.050 is hereby deleted in its entirety and marked reserved: 17.22.050 -Reserved. SECTION XXX: OMC 5ection 17.22.060 is hereby deleted in its entirety and marked reserved: 17.22.060—Reserved. SECTION XXXI: OMC Section 17.22.090 is hereby amended to add and delete the following which shall read as follows: 17.22.090- Yard Requirements. A. A1 District. The front, side, and rear yard requirements for primary and accessory structures shall be the same as required in the R1-6 zone district for such structures. B. RO District.No building or structure shall be placed closer than thirty(30)feet to any property line abutting a residential zone district or public street, or closer than twenty (20) feet to any property line abutting any other zone district. C. SH District. No structures shall be erected in the SH zone district except public utility buildings and structures subject to approval of a conditional use permit as identified in Table 17.13.030. SECTION XXXII: OMC Section 17.24.020 is hereby deleted in its entirety and marked reserved: 17.24.020—Reserved. SECTION XXXIII: OMC Section 17.24.030 is hereby deleted in its entirety and marked reserved: 1724.030—Reserved. 92 SECTION XXXIV: OMC Section 17.24.040 is hereby deleted in its entirety and marked reserved: 17.24.040-Reserved. SECTION XXXV: OMC Section 17.24.045 is hereby deleted in its entirety and marked reserved: 17.24.045 —Reserved. SECTION XXXVI: OMC Section 17.28.040 is hereby amended to delete the following, which shall read as follows: 17.28.040 -Flood Plain Overlay. A. Purpose and Intent. The Flood Plain overlay districts (FP-1 and FP-2) are intended to be applied to those areas of the City which, under present conditions, are subject to periodic flooding and the hazards associated with flooding. The objectives of the Flood Plain districts shall be: 1. To prevent loss of life and property and to minimize economic loss caused by flood flows; 2. To establish criteria for land management and use in flood prone areas consistent with criteria promulgated by the Federal Insurance Administration for the purpose of providing flood insurance eligibility for property owners; 3. To prohibit encroachments,new construction,or other improvements or development that would obstruct the flow of floodwaters within a regulatory floodway; and 4. To regulate and control uses below the elevation of the design flood flow with the remainder of the flood plain. B. Application. The FP-1 or FP-2 overlay shall be applied as follows: 1. Regulatory Floodways shall be designated FP-1. 2. Floodway Fringe areas, Mudslide Prone areas and other areas determined to be areas of Special Flood Hazard or Flood Plain areas, as determined by the City Engineer, shall be designated FP-1 or FP-2. C. Mapping of Flood Areas Required. All Floodway, Flood Plain, Flood Hazard Areas, Regulatory Floodway, and Floodway Fringe Areas shall be identified, mapped, and so designated. Mapping may be done by the County of Orange, the Federal Insurance Administration or the Department of Public Works. 1. Identification and mapping shall be based upon the design flood as determined by engineering studies satisfactory to the City Engineer and approved by City Council. 93 2. In areas where the Floodways or Flood Plains are mapped by the County of Orange, the Federal Insurance Administration or the Department of Public Works, the regulatory requirements sha11 apply to the mapped area having the outermost boundaries. D. Development Standards. The establishment, operation, and maintenance of all uses permitted by Section 17.28.040 shall comply with the following development standards: 1. Structural Floodproofing for Non-Residential Structures. Structural floodproofing as permitted herein shall be in accordance with the Uniform Building Code. A civil engineer or architect registered in the State of California shall certify that the floodproofing methods are adequate to withstand the flood depths, velocities, hydrostatic and hydrodynamic loads, and effects of buoyancy and other factors associated with the design flood. 2. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 3. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. d. Utilities shall be designed to resist destruction from flood scour and the hydrostatic and hydrodynamic loads and effects of buoyancy. E. Required Procedures for Building in FP Overlay. The establishment, operation and maintenance of all uses permitted by Section 17.13.030 shall be in compliance with the following procedures: 1. The Community Development Department shall review projects proposed in the FP overlay districts to determine that all necessary permits and certificates have been obtained. It shall make recommendations concerning Use Permit applications prior to hearing and approval by the Planning Commission to assure compliance with the requirements of this chapter. It shall maintain for public inspection all records pertaining to the provisions of that section. 2. All development, subdivision, structure and substantial improvement proposals shall include submittal of detailed drainage studies and plans indicating how site grading in conjunction with any necessary drainage conveyance systems including applicable swales, water course courses, channels, street flows, catch basins, storm drains and flood water retarding—will provide building pads and/or lowest floor elevations that are safe from flood flows expected from floods up to and including the design flood. The grading plan shall include identified on-site finished grade and "design flood" elevations, both related to mean sea level. Structural plans submitted for building permits shall show the first floor elevation of such structures as related to mean sea level. Said plans and elevation information shall be maintained on file by the Public Works Department for flood insurance reference purposes. 94 3. The Public Works Department shall notify adjacent communities prior to any alteration or relocation of a watercourse having an effect on the flood hazard areas shown on the F.I.R.M. and shall submit evidence of such notification to the Federal Insurance Administration. The Department shall require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4. No uses shall be approved unless the following findings are made: a. The development will not provide a significant risk to human life in the event of the design flood. b. The development is designed and sited so as to offer minimal obstruction to the flow of floodwater. c. The development will not create a potential hazard or otherwise adversely affect property because of diversions, increased heights, or velocities of flood waters or because of increased debris, or otherwise affect the safety, use, or stability of any public way, drainage channel, or adjacent property during a flood condition. F. FP Nonconforming Uses. Any use lawfully existing on any premises that is made nonconforming by the application of the FP district or by any amendment of the FP district regulations shall be subject to the requirements provided in Section 17.38.030 of this Title. Within the areas designated as FP-1, the following exceptions shall apply: 1. All nonconforming structures within the area designated as FP-1 "Floodway" district on the effective date of application of the FP-1 district or any amendment of the FP-1 district regulations shall be removed subject to the following: If the useful life of the structure has not expired by a date five years after the effective date of the application of the FP-1 zone, the life of the structure shall be considered to have expired automatically, and said structure shall be removed. 2. Any enlargement, expansion, change in use, or substantial improvements of nonconforming structures shall be prohibited. 3. Any owner of a use or structure made nonconforming by the application of the FP-1 district may request the Planning Commission to grant an extension of time.The Planning Commission may grant an extension of time beyond the five-year period. G. Technical Adjustments. This section establishes procedures for making certain technical adjustments to flood mapping. Such adjustments may be necessary when either 1) property has been inadvertently included in an FP zone due to the erroneous transportation of the curvilinear flood boundary line to the land topography that is readily identi�able for exclusion by reason of the existing physical features of the property; or 2) flood protective or flood control work adequate to protect against the design flood has been completed. 1. Procedure for Correcting Mapping Deficiencies Unrelated to Communitywide Elevation Determinations. Mapping deficiencies caused by inadvertent inclusion of the property in the FP zone or a physical alteration to surrounding property which affects the base flood level may be corrected without necessitating a zone change if the following requirements are met, as determined by the Planning Commission: 95 a. Inadvertent Inclusion. Review of the topographical map showing ground elevation contours on the entire building site area confirms that the property is not within the FP zone; or b. Completion of Flood Protection/Control Work. Evidence confirms that subsequent stream, channel, storm drain, or landfill improvements fully offset flood water surface elevations so as to meet standards established by the Federal Insurance Agency. This shall require that: i. Completion of work be certified by the City Engineer; and ii. If the area is included in the City's Flood Insurance rate map, flood protection/control measures must be approved by the Federal Insurance Administration and the area removed from the F.I.R.M. and Flood Boundary and Floodway Maps. 2. Appeals. Appeal of any determinations made by the Planning Corrunission under this section will be to the City Council. SECTION XXXVII: OMC Section 17.30 is hereby amended to be entitled Alcoholic Beverage Controls, which shall read as follows: Chapter 17.30 - ALCOHOLIC BEVERAGE CONTROLS: A. Purpose and Intent. The purpose of adopting regulations for the sale of alcoholic beverages is to ensure that such sales will not adversely affect surrounding residents, businesses, and institutions; and to ensure that any such use operates in a manner compatible with existing and future adjacent uses. B. Locations Permitted. The use tables contained in Chapters 17.18 through 17.22 of this title indicate the zones in which the off-sale and on-sale of alcoholic beverages is permitted by issuance of a conditional use permit. C. Conditional Use Permit Required. In order to fulfill the purposes of this chapter,the retail sale of alcoholic beverages is subject to approval of a conditional use permit. The Planning Commission has the authority to issue conditional use permits for the following, except when the application is combined with other submittals that require City Council review, the decision of the Planning Commission is appealed, or as otherwise noted below: l. Any original off-sale alcoholic beverage license when not in conjunction with the sale of motor fuel in the CP (Commercial Professional), C 1 (Limited Commercial), C-TR (Limited Business, Tustin Redevelopment), C2 (General Business), C3 (Commercial), and CR (Commercial Recreation) zones; 2. Any original off-sale beer, or beer and wine license,in conjunction with the sale of motor fuel in the CP,C 1,C-TR,C2,C3,CR and UMU zones,subject to the conditions specified in Section 17.30.030.F. 3. Any original on-sale restaurant license in the CP, C1, C-TR, C2, C3, CR, M1 and M2 zones; 96 4. Any original license for the on-site brewing and sale of beer within a restaurant in the CP, C1, GTR, C2, C3, CR, M1 and M2 zones; 5. Any original on-sale license not associated with a restaurant in the C-TR,C2,C3,and CR zones; 6. Any original off-sale alcoholic beverage license in the M1 and M2 zones shall be subject to the following conditions and limitations. When in conjunction with the sale of motor fuels, the conditions specified in Section 17.30.030F shall also apply: a. The sale of alcoholic beverages shall not be promoted by means of exterior display of signs, posters, pictures, or product, or by visibility from outside the building of any such display. b. The City shall review an approved conditional use permit after six months of operation to determine if the retail sales of alcoholic beverages at,or on,the premises are, and continue to be, an insignificant portion of total retail sales, and to determine if such use should continue. c. At any time the license is sold or possession is transferred to a person, firm, or entity other than the applicant to which the conditional use permit was issued,the City shall review the operations of the new owner or operator to insure the original conditions of approval are complied with. d. The applicant shall execute an agreement with the City to give written notice to the City at any time the license is sold or otherwise transferred to another person, firm, or entity other than the applicant. Moreover,the applicant shall further agree that the City may record such agreement with the Orange County Recorder. e. An initial public hearing shall be held by the Planning Commission,with final review and determination by the City Council. 7. Any original on-sale license for a bar or tavern shall be subject to an approved Business Establishment Alcohol Management and Education Program("Program"), as specified in Chapter 5.49 of this code. D. Findings. In making the findings for a conditional use permit for the on-sale and off-sale of alcoholic beverages, the City Council or Planning Commission shall consider whether the proposed use will adversely affect the welfare of the surrounding community or will result in an undue concentration of premises for the sale of alcoholic beverages, including beer and wine, in the City or the area involved. The City Council or Planning Commission shall also consider whether the proposed use will detrimentally affect nearby residentially zoned districts, after giving consideration to the proposed hours of operation and the proximity to the following: 1. Residential buildings; 2. Churches, schools, hospitals, public playgrounds, and other similar uses; 3. Other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine. E. Upgrading Licenses. Any upgrading of existing licenses to a more restrictive license shall be regulated as follows: 97 1. A change from an on-sale beer license for a restaurant to an on-sale beer and wine license for a restaurant shall not require the issuance of a conditional use permit. 2. A change from an off-sale beer license to an off-sale beer and wine license shall not require the issuance of a conditional use permit. 3. A change from an on-sale alcoholic beverage license for a restaurant to include the on- site brewing of beer shall not require the issuance of a conditional use permit. 4. A change from either an on-sale or off-sale beer license or beer and wine license, to an on-sale or off-sale general license shall require the issuance of a new conditional use permit. 5. A license associated with a non-conforming use may be transferred to a new owner, but it may not be upgraded. F. Sale of Alcoholic Beverages in Conjunction With Motor Fuel. Any original off-sale beer or beer and wine license in conjunction with the sale of motor fuel sha11 be subject to the issuance of a conditional use permit and subject to the following conditions: l. No beer or wine shall be displayed within five feet of the cash register or any public entrance. 2. No sale of alcoholic beverages shall be made from a drive-up window. 3. No display or sale of beer or wine shall be made from an ice tub. 4. No beer or wine advertising shall be located on motor fuel islands and no advertising for beer or wine shall be visible from outside the building. 5. Employees on duty between the hours of ten P.M. and two A.M. shall be at least twenty- one (21) years of age to sell beer and wine. 6. All containers of alcoholic beverages that are displayed for sale shall be secured against public access between the hours of two A.M. and six A.M. or more restrictive hours as determined by the conditional use permit process. Secured refrigerator compartments must have interior compartment separators to prevent access from neighboring nonlocking doors or compartments. G. Fee Required. All applications for a new or renewed permit for the sale of alcoholic beverages shall be accompanied by a fee set by resolution of the City Council to cover the City costs in performing the background research for the permit. Such fee shall not exceed the estimated cost of performing the background research. SECTION XXXVIII: OMC Section 17.32.020 is hereby deleted in its entirety and marked reserved: 17.32.020—Reserved. 98 SECTION XXXIX: OMC Section 17.32.030 is hereby deleted in its entirety and marked reserved: 17.32.030—Reserved. SECTION XL: OMC Section 17.32.040 is hereby deleted in its entirety and marked reserved: 17.32.040—Reserved. SECTION XLI: OMC Section 17.32.060 is hereby amended to add and delete the following, shall read as follows: 17.32.060 - Operational Standards, Generally. All processing and excavating operations shall conform to all applicable plans approved in accordance with the requirements of Section 17.32.050, and with the standards set forth by this section. A. Dust Control. All private truck roads connecting rock quarries, processing plants or stockpiles shall be kept wetted while being used or shall be oiled or hard surfaced and maintained so as to control dust. B. Setbacks. 1. Perimeter. No excavation activities shall be carried on within 50 feet of the common property line of any parcel of land not in the SG District, or any highway or street. 2. Slope Areas and Waterways. No excavation activities shall be carried on within 100 feet (at slopes permitted in Section 17.32.060(C) or within 50 feet at a 3 to 1 slope; from any property or right-of-way line of a flood control channel, retarding or conservation basin,either existing or whose precise location has been adopted by the Board of Supervisors of the Orange County Flood Control District; provided, however, that this regulation shall not apply to excavation activities in the Santiago Creek between the Villa Park Dam and its confluence with the Santa Ana River. Setbacks in the Santiago Creek area shall be established at such times as a precise alignment for a flood control channel is adopted by the Board of Supervisors. 3. Residential Property. No rock crushing plant or other apparatus for the manufacture of rock, sand, or gravel, except removal operations associated with excavation, shall be located within 750 feet of the boundary line of any residential district. If the crushing unit of any rock crushing plant is placed below ground level, such rock crushing unit may be located 400 feet or more from the boundary line of any such district. 99 C. Slopes. Unless the Director of Public Works determines that less restrictive excavation methods may be permitted, no production from an open pit shall be permitted which creates a finished slope steeper than one and one-half feet horizontal to one foot vertical (1.5:1). If a steeper slope than 1.5:1 is allowed, an additional setback of the excavation activities from adjacent properties will be required. D. Days and Hours of Operation. 1. Time Limits. With the exception of trucking, distribution, sale, loading and unloading of products and materials and equipment repairs, all processing and excavating activities permitted in Section 17.13.030 shall be limited to the days of Monday through Saturday, inclusive,between the hours of 6:00 A.M. and 8:00 P.M. However, the Planning Commission may approve operating hours of 6:00 A.M. to 10 P.M. by conditional use permit, upon the finding that noise associated with increased hours of operation will not be unreasonable for nearby residents.The hours of operation may be further controlled by Chapter 8.24 of the Orange Municipal Code, which regulates noise levels. 2. Exceptions. Hours of operation, aside from those listed above, may be permitted upon prior notification to the Director of Public Works, under the following circumstances: a. When requested by public agencies; b. When work requires a continuous pour of concrete; c. When necessary due to public emergencies. E. Insurance. Before commencing any operations, the operator shall procure public liability insurance with coverage of at least $1,000,000 for personal injury to more than one person, $500,000 for personal injury to only one person, and $100,000 for damage to property,which insurance shall cover all activities of the operator connected with the uses permitted, and shall be kept in full force and effect at all times during such operations. F. Off-Street Parking Requirements. Off-street parking shall be provided on the site for all equipment and for all cars of employees. Operations in this zone shall be exempt of all other off-street parking requirements of this zoning code.All off-street parking areas shall be oiled or hard-surfaced, or wetted or graveled to minimize dust. G. Screening. 1. Location. Extracting and processing operations shall be screened in such a manner that they are not readily visible from adjacent public streets. An opaque screen shall be installed and maintained as necessary in order to minimize such visibility. The operator may install such screening either along the street or along the perimeter of the visible portion of the area being operated. 2. Height. The required screen shall have a total height of no less than six feet. Where there is a difference in elevation on the opposite side of the screen, the height shall be measured from the highest elevation. A screen shall consist of one or a combination of the following types: 100 a. Walls. A wall shall consist of concrete masonry units, or veneer applied to a solid frame that is a minimum depth of four inches. b. Berms. A berm shall be constructed of earthen materials and it shall be landscaped. c. Solid Fence. A solid fence shall be constructed of wood and shall form an opaquescreen. d. Open Fences.An open weave or mesh type fence,when not used in combination with a berm, shall be combined with plant materials to form an opaque screen. e. Planting.Plant materials,when used as a screen,shall consist of dense evergreen plants to provide a continuous opaque screen within 24 months after implementation of a landscaping plan. Plant materials shall not be limited to a maximum height. The design shall be prepared by a licensed landscape contractor or an architect. The Director of Community Development shall require that either subdivision a,b,or c of this subsection(G.2) shall be installed if,upon twenty-four months after plant material is installed,plant materials have not formed an opaque screen, or if an opaque screen is not maintained. f. Intersections. Required screening shall be set back at least twenty feet from the point of intersection of a vehicular access way, or a driveway, and a street; a vehicular access way, or a driveway, and a sidewalk; and two or more vehicular accesses, driveways or streets. g. Installation. Required screening shall be installed prior to commencement of operations. H. Posting of Signs. Within 90 days after an area has been reclassified to the SG District, and continuously thereafter, the outer boundaries of the district shall be posted with signs not less than 500 feet apart, and at each change of direction of the boundary line in such a manner as will reasonably give notice to passersby, stating in letters not less than four inches in height: "THIS PROPERTY MAY BE USED AT ANY TIME FOR THE EXCAVATION OF ROCK,SAND,GRAVEL OR CLAY,ROCK CRUSHING PLANT, OR ANY USE ALLOWED IN SG ZONE." The signs shall be made of wood or metal, to be maintained in legible condition at all times. The Community Development Director may waive this requirement for good cause shown. I. Maximum Permitted Depth of Excavation. 1. Standard. The maximum permitted depth of any excavation pit shall be 150 feet, unless otherwise specified by the district symbol on the official Zoning District Map. 2. Exception. Where a number is shown above and separated by a line from the district symbol, the number shall designate by vertical feet the maximum permitted depth of excavations in the Sand and Gravel District. :---- --___�_�.__.�_�_ Example:------- ------ -- go � I � � � ! ` � ` SG I I ______.._ _ �_ _.� _— _._1 101 J. Excavation Below Water Table. Any excavations below historic water tables intended to be refilled, shall only be refilled in accordance with the provisions of the Orange County Water Pollution Control Ordinance and the California Regional Water Quality Control Board. K. Fencing. Safety fencing shall be required and maintained in accordance with the Sand and Gravel Extraction Code. L. Arterial Highways.When a property in an SG zone is traversed by a highway shown upon the City's Master Plan of Streets and Highways, the required right-of-way for such highway shall not be excavated, and permanent structures shall not be erected within the future right-of-way, and an additiona150 feet on either side. M. Ingress, Egress and Traffic Safety. Access roads to any premises are permissible only at points that have been designated on the precise plan establishing the SG District. Road construction shall be level with the pavement of any public street from which access is derived, and the adjacent 80 feet shall be paved. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the Department of Public Works. N. Drainage. 1. Control. Surface drainage shall be controlled in a manner meeting the approval of the Director of Public Works to prevent silt or loose material from filling any existing drainage course or encroaching upon adjoining property, rights of way, or other improvements. 2. Natural Flow. All provisions to control natural watercourses shall be designed to prevent overflow or diversion of water away from the natural point of discharge. Such provisions are subject to review and approval of the Chief Engineer of the Orange County Flood Control District and City Engineer. O. Removal of Buildings and Equipment. All buildings and equipment used in the excavation or processing of sand and gravel, or in the administration of the sand and gravel operations, shall be removed within six months of the termination of activities on the property, unless the buildings are utilized according to the Ultimate Use Proposal. P. Noise and Vibration Control. All equipment and premises for the conduct of the uses permitted shall be constructed,maintained,and operated as to eliminate noise or vibration to persons living in the vicinity.Internal combustion engines shall be equipped at all times with mufflers in good working condition. All excavation activities shall be subject to Chapter 8.24 of the Orange Municipal Code,regulating noise levels. Q. Air Pollution Control. All operations shall be conducted in compliance with all the requirements of the South Coast Air Quality Management District. SECTION XLII: OMC Section 17.46.030 is hereby amended to add and delete the following, which shall read as follows: � 102 17.46.030 -Location. Special events shall only be permitted in commercial zones provided the subject property is adjacent to a primary or major arterial highway as indicated on the Circulation Element of the General Plan; at public or private elementary,junior or senior high schools, colleges, churches or other public or religious institutions, and any use located within the Public Institution Zone as designated in the Zoning Ordinance Table 17.13.030. SECTION XLIII: Pursuant to California Environmental Quality Act (CEQA) Guideline 15378, the Master Land Use Matrix Ordinance is not a project, because the activity undertaken is the consolidation and clarification of existing land use tables and use standards text that does not have the potential to result in a direct or reasonably foreseeable indirect physical change to the environment.Because the Ordinance is not a project, it is not subject to the provisions of CEQA and no public environmental review is required. SECTION XLIV: If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION XLV: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen(15) days after this Ordinance's passage in a newspaper of general circulation,published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty(30) days from and after the date of its final passage. ADOPTED this day of , 2018. Teresa E. Smith, Mayor, City of Orange ATTEST: Robert Zornado, Chief Clerk, City of Orange 103 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, ROBERT ZORNADO, Chief Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the _day of , 2018 and thereafter at the regular meeting of said City Council duly held on the_day of , 2018 was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ' Robert Zornado, Chief Clerk, City of Orange 104 CITY COUNCIL MINUTES DECEMBER 11, 2018 7. ADMINISTRATIVE REPORTS 7.1 Discussion regarding City Council vacancy. (C2500.D) City Attorney Winthers explained the process of filling the City Council vacancy. Per state law, the City Council can choose to appoint someone or call for a Special Election. The decision must be made within 60 days of the vacancy, which is February 9 2019. The estimated cost of a Special Election would be between $400,000 - $450,000. The City Council also has the option to appoint any individual that is a resident of the City of Orange. Public Speakers: The following people spoke in support of appointing Betty Valencia to the vacant City Council position: Fred Smoller, Mitchell Rosenbert, Karen Mendoza, Gregory Pleasants, Connie McGuire, Joanna Weiss, Eduardo Moreno, Karl Bonham, Luis Ortiz Franco, Bonnie Robinson, Joe McLaughlin, Lauren Austin, Julie Herrick, Betty Valencia, Jamie Bodie-Sillas, Justin Samson, Lisa Pedersen,Kathy Bonnaud,Michelle Schroeder, Theresa Yoshida,Melanie Weir,Tanya Schoen,Lucille Lemus,Victoria James,Christopher Roach, Nancy Loughrey, and Lindsay Walsh. The following people spoke in opposition of appointing Beriy Valencia and in support of holding a special election: Kathy Wayland, Mark Wayland, Wendy Ragland Seeley, Peter Morales, and Windy Horton. No action was taken on this item. 8. REPORTS FROM CITY MANAGER—None 9. LEGAL AFFAIRS 9.1 Land Use Matrix Ordinance. Ordinance No. 13-18 (Second Reading). (A2500.0) An Ordinance of the City Council of the City of Orange amending Title 17 of the Municipal Code to consolidate existing land use tables and use standards into Chapter 17.13 entitled Master Land Use Matrix. MOTION —Monaco SECOND —Nichols AYES —Alvarez, Murphy,Nichols, Monaco Moved that Ordinance No. 13-18 be read by title only and same was approved and adopted � by the preceding vote. PAGE 9