The following special uses are permitted subject to stated criteria.
A. Agriculture:
1. Land with a residential zone classification shall have the following limitations:
a. Agricultural uses shall be limited to growing of fruit trees, vegetables, flowers and horticultural nursery stock, provided no sales are conducted on the premises except for those crops grown thereon.
b. Agricultural uses shall be allowed only when 1) the property is at least 10,000 sq. ft. in area and not improved with a habitable structure or 2) the property is at least 20,000 sq. ft. in area if it is improved with a habitable structure.
c. A proposed agricultural use shall be subject to the approval of a Minor Site Plan.
2. Agricultural uses may be allowed on property with a commercial zone classification with the approval of a Conditional Use Permit, pursuant to Chapter 15.70 of this title.
B. Commercial telecommunication facility on private property (for telecommunications facilities in the right of way, see Chapter 15.53).
1. A commercial telecommunication facility is the equipment and structures, including antenna, which is used for the reception or transmission of radio, television, microwave or other signals through space as part of a wireless system of communication for business or commercial purposes.
2. A commercial telecommunication facility may be allowed on private property subject to the following conditions:
a. All accessory equipment associated with the operation of the telecommunication facility shall be located within a building, enclosure, or underground vault, unless another less obtrusive alternative is identified and approved by the city.
b. No sign or advertising devices other than certification, warning, or other required seals or signage shall be mounted on the facility.
c. For any monopole, tower or other ground- mounted structure, the setback from a property line along an arterial street should be at least five feet for each foot of its height as measured from the ground.
d. For any monopole, tower or other ground- mounted structure, the setback from a property line with a residential zone classification shall be at least one foot for each foot of its height as measured from the ground.
e. For any telecommunication facility that is mounted on the building or is roof-mounted, the height shall not exceed ten feet above the top of the building parapet. The facility shall be screened from public view and such screening shall be compatible with the existing architecture, color, texture, and/or materials of the building.
f. Whenever practical, telecommunication facilities should be co-located, where a permitted site or structure is used for multiple applications.
g. The telecommunication facility shall be tested to confirm that its operation does not interfere with the public safety radio equipment and system of the city. The Communications Division of the Orange County Sheriff's Department or a contractor approved by the Division shall conduct this test and such a test shall be at the expense of the applicant.
h. A facility that is causing interference with the public safety radio system of the city shall cease operation until the cause of the interference is eliminated.
3. A telecommunication facility proposed on property with a commercial or an industrial zone classification shall be subject to an approval of a Minor Site Plan pursuant to Chapter 15.47 of this title. An approval of a Minor Site Plan may impose conditions, including but not limited to, specifications on the height, location, design, color and screening of the facility as a way to minimize its appearance as viewed from nearby properties. The Director of Development Services, however, may conditionally approve a telecommunication facility that is mounted on the building or is roof-mounted.
4. A telecommunication facility proposed on property with a residential zone classification or an Open Space (O-S) zone that is more than 30 feet in height as measured from the ground shall be subject to an approval of a Minor Site Plan. The Director of Development Services, however, may conditionally approve a facility that is 30 feet or less in height.
5. A telecommunication facility proposed on property with a Public Land (P-L) zone shall be subject to the approval of the public agency having jurisdiction over the property.
C. Noncommercial communication facility:
1. A noncommercial communication facility is the equipment and structures, including antenna, which is used for the private reception or transmission of radio, television, microwave or other signals through space. A HAM radio antenna and a satellite dish antenna for private use are examples of a noncommercial communication facility.
2. In any residential zone classification, a dish antenna measuring 18 inches or more in diameter and any HAM radio antenna shall be subject to the following conditions:
a. A building permit shall be issued for the installation or construction of the facility.
b. All electrical wiring for a dish antenna shall be placed underground or otherwise screened from public view.
c. Only one antenna of each type shall be allowed on each residence on property with an R-1 or R-1P zone. Additionally, a roof-mounted antenna shall not be allowed on property with an R-1 zone or any residential preservation zone (R-1P, R-2P, or R-3P) classification.
d. A roof-mounted dish antenna shall be located on an essentially level roof and shall be totally screened from adjacent views through the use of parapet walls or architectural materials matching that of the structure.
e. A dish antenna shall not exceed ten feet in diameter.
f. A dish antenna shall not exceed the maximum building height limit permitted in the zone in which it is located if it is roof-mounted nor exceed 15 feet in height if ground-mounted.
g. A dish antenna must be permanently mounted, and no antenna may be installed on a portable or movable structure such as a trailer.
h. A dish antenna shall not encroach into any required setback nor be installed in such a manner as to be viewable from any public right-of-way.
i. A dish antenna shall be compatible in color with its surroundings and shall not include any signage.
j. A dish antenna shall be painted to blend with the surrounding background, and shall be treated so as not to reflect glare from sunlight.
k. A HAM radio antenna shall be limited to 50 feet in height.
l. The area of the foundation of a ground-mounted antenna shall be included in lot coverage calculations.
3. A satellite dish antenna measuring less than 18 inches in diameter is exempt from the above conditions.
4. In any residential zone classification, a HAM radio antenna that measures more than 50 feet in height shall be subject to an approval of a Conditional Use Permit.
D. Temporary commercial use on private property:
1. Property with a residential, commercial or industrial zone classification may conduct a temporary commercial use such as a Christmas tree lot, pumpkin patch or agricultural stand on an intermittent, seasonal or promotional basis in accordance with the following:
a. Such a business activity may operate for a maximum time period of 90 calendar days from the time setup begins to the time all removal and clean up must be completed. Extensions beyond this time period shall require approval by the Planning Commission.
b. The activity shall be allowed only on property with an R-1 or R-1P zone if there is no habitable structure on the premises.
c. The activity shall be allowed only on a property having frontage along an arterial or collector street. No direct access from a residential street shall be allowed.
d. The applicant shall provide written consent from the owner of the subject property to conduct the activity prior to any set up on the site.
e. The applicant shall obtain applicable permits from the Development Services and/or Fire Departments and a business license from the Business Registration Department.
f. The sales and other public areas shall be cleared before opening and shall be maintained free of weeds, holes, and other hazards throughout the operation to the satisfaction of the Development Services Department.
g. At least six off-street spaces shall be provided for the use of patrons. In the case of a developed lot, sufficient parking as determined by the Director of Development Services shall be retained for the permanent uses during the duration of the temporary business activity.
h. No structure, sign, or merchandise associated with the temporary commercial use shall obstruct a public right-of-way.
i. Advertising signage shall not exceed a collective total of 50 square feet of area, and no sign shall exceed a height of eight feet.
j. "No Smoking" signs shall be posted wherever indicated by the fire Department. These signs shall meet the specifications stipulated by the Fire Department.
2. Property with a commercial zone classification may conduct a temporary open air marketing activity such as a sidewalk or parking lot sale on an intermittent, seasonal or promotional basis in accordance with the following:
a. Such an activity shall be subject to the provisions of "c" through "j" in subsection "1" of this section.
b. Such an activity shall be for the display and sale or merchandise of merchants already operating a business on the premises.
c. Such an activity shall be no longer than five days in duration and only one such activity shall occur on the property within a thirty day period.
d. Display and sales areas will not obstruct, delay or interfere with the Fire Department or with the egress of building occupants in the event of the fire, and the layout will otherwise comply with the general safety requirement of the Uniform Fire Code.
3. The failure to comply with the provisions specified above shall result in the stoppage of the business activity.
E. Tattoo Parlors:
1. A tattoo parlor shall be located as follows:
a. A minimum of 500 feet from any other tattoo parlor or K-12 grade school.
b. A minimum of 250 feet from a residential zone.
c. Measurements shall be taken from the closest tenant wall of the tattoo parlor to the nearest wall of an existing tattoo parlor, or the property line of a school or residentially zoned property. Residential zoned properties include those identified in FMC § 15.17.015. Schools shall include private and public schools, but not trade schools, as defined by FMC § 15.04.040.
2. A tattoo parlor shall not exceed a size of 3,000 gross square feet.
3. All tattoo parlors shall be designed to ensure that the tattooing, piercing or similar services performed on a patron's specified anatomical body parts as defined by FMC § 7.95.010, are not visible to persons outside the tenant space. Signage, advertising or images depicting specified anatomical body parts shall not be visible to persons outside the tenant space.
F. Short-term Rentals.
1. Purpose
a. The purpose of this section is to address the use of privately-owned residential dwellings as short-term rentals in order to develop a regulatory framework, provide a mechanism for collection of transient occupancy taxes (TOT) and create an enforcement and revocation process.
2. Definitions
a. For purposes of this Section, the words and phrases below shall have the following meaning:
i. AUTHORIZED REPRESENTA-TIVE shall mean any person, firm or agency specifically authorized to represent and act on behalf of a property owner and to act as an operator, manager and contact person of a short-term rental.
ii. DIRECTOR shall mean the Community and Economic Develop- ment Director.
iii. LOCAL CONTACT PERSON shall mean either the property owner or authorized representative who shall be identified on the short-term rental permit application and shall be available by phone at all times when the short-term rental unit is occupied to address nuisances and/or complaints.
iv. GOOD NEIGHBOR GUIDELINES shall mean a document provided by the City to each applicant that summarizes the general rules of conduct, consideration and respect, including all provisions of the Fullerton Municipal Code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term rentals.
v. SHORT-TERM RENTAL PERMIT shall mean a permit issued by the Community and Economic Development Department that allows the use of a privately owned residential dwelling as a short-term rental unit pursuant to the provisions of this Chapter. Any applicant who has been issued a Short-term Rental Permit must also obtain a transient occupancy certificate and Business Registration required by Chapter 4 of the Fullerton Municipal Code.
vi. WHOLE-HOUSE RENTAL shall mean the use of a dwelling unit for the purpose of short-term rental where the property owner does not reside within the dwelling unit while it is utilized as a short-term rental.
3. Short-term Rental Permit and Renewal Required
a. The owner or the owner’s authorized representative is required to obtain a Short-term Rental Permit, Business Registration and have received instruction on completing the Transient Occupancy Tax application prior to renting or advertising the availability of a short-term rental unit.
b. An issued Short-Term Rental Permit shall be valid for three years from the date issued unless revoked by the Community and Economic Development Director pursuant to this Chapter.
c. A fee shall be charged for the review, issuance and renewal of the Short-term Rental Permit as established by City Council, but not to exceed the reasonable cost of providing the service.
d. A minimum of 30 days prior to the date of expiration of the Short-term Rental Permit, the applicant shall apply for renewal on a form provided by the City. The owner or owner’s authorized agent shall update the information contained in the original permit application required per this Section, if any information has changed. The owner or owner’s authorized agent shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications or that any information that has been updated is accurate and complete.
e. Upon renewal of a property’s Short-term Rental Permit, the owner or owner’s authorized agent shall be required to provide notice to adjacent properties which includes the Local Contact Person information. Adjacent properties shall include all properties which share a property line with the subject property and the property(ies) directly across a street or alley from the subject property.
f. An application for permit renewal received after the expiration of the current permit shall be treated as an application for a new permit as set forth in this Section.
g. Any changes in the contact information for the Local Contact Person shall be provided to the adjacent properties and to the City within 72 hours of the change or before the property is next rented, whichever is sooner.
4. Maximum number of Whole-House Rentals permitted issued. To preserve single-family homes for use as long-term rentals (more than 30 days) or for home ownership, the City Council, by Resolution, shall establish a maximum number of Whole-House Short-term Rental Permits which may be issued in the City.
5. Short-term Rental Permit – Application
a. The owner or the owner’s authorized representative must submit the following information on a Short-term Rental Permit application form provided by the Community and Economic Development Department:
i. Contact information of the owner or authorized agent of the short-term rental unit for which the permit is to be issued.
ii. Contact information of a local contact person if not the owner or authorized agent.
iii. A site plan of the property and floor plan of the dwelling to be used for short-term rental which indicates the number and location of bedrooms in the short-term vacation rental unit.
iv. Indicate whether the short-term rental will be for whole-home rental, as that term is defined, or rental of bedrooms with the owner residing on the property.
v. Payment of the application and processing fee established by City Council.
vi. Evidence of a valid Business Registration issued by the City for the separate business of operating a short-term rental.
vii. Written approval from the Property Owner and Homeowner’s Association or Property Manager as applicable, authorizing the dwelling unit or portion of the dwelling unit to be used as a short-term rental.
viii. Such other information as the Community and Economic Development Director deems reasonably necessary to administer this Section.
b. The Property Owner must complete the Transient Occupancy Tax application form in accordance with Title 4 of the Fullerton Municipal Code.
6. Procedure for review of application
a. A decision to approve or deny an application for a Short-term Rental Permit shall be made by the Director of Community and Economic Development or their designee.
b. Upon receipt of a completed application, the Community and Economic Development Director or their designee will mail notice of an applicant’s request to properties which share a common property line with the subject property. The Director will consider any written comments received within ten calendar days of the mail of the notice, in their decision on the application.
c. If the Director determines that an applicant has satisfied the application requirements, and that the short-term rental complies with the provisions of this Chapter, the Director shall provide written notice to the applicant that the Short-term Rental Permit is approved or conditionally approved, subject to compliance with the conditions identified by the Director in the notice.
d. If the Director determines that a public hearing is warranted in order gather supplemental evidence to determine whether an applicant will adequately mitigate potential adverse impacts to the public health, safety, or welfare due to substantial concerns raised by neighbors, the Director shall notice a public hearing of the Planning Commission in accordance with FMC Chapter 15.76. The Planning Commission is authorized to deny, approve or conditionally approve the permit in accordance with the criteria set forth in this section. The Planning Commission's decision shall be final.
e. The applicant may appeal any Short-term Rental Permit denied by the Community and Economic Development Director to the Planning Commission pursuant to the provisions of FMC 15.76.170.
f. Upon final approval of this ordinance by the City Council, the Community and Economic Director, or their designee, shall prepare written procedures to govern the initial application submittal period, process and prioritization of applications regarding the issuance of Short-Term Rental Permits.
7. Non-transferability. Short-term Rental Permits are not transferable to other properties or to future property owners or authorized agents of the subject property. If the residence is sold to a new owner, the permit is void and the new owner will need to apply for a new Short-term Rental Permit in their own name.
8. Separation Requirements for Whole-House Rentals
a. No more than one Short-term Rental Permit for Whole-House Rental shall be allowed within three-hundred feet of another Short-term Rental Permit for Whole-House Rental.
i. The 300-foot measurement shall be measured as a lineal distance from the nearest property line to property line for houses located on the same street.
ii. For corner lots, the 300-foot measurement shall be measured as a lineal distance on both streets that the parcel has frontage on.
iii. For any other non-regular street configurations, the Community and Economic Development Director shall determine the 300-foot measurement based on the intent of this separation provision.
iv. The Community and Economic Development Director may consider a whole-house rental within 300-feet of another whole-house rental (Director Determination) based on a determination that the reduced separation between whole-house rentals does not have the potential to negatively impact the surrounding neighborhood.
b. For Short-term Rental Permits that are not Whole-House Rental, there is no separation required.
c. Residential units within a multi-family residential development utilized for short-term rental shall not be subject to the whole-house rental separation requirements contained in this subsection.
9. Operational Requirements
a. The owner or owner's authorized agent shall ensure that the short-term rental is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit.
b. While a short-term rental is occupied, a Local Contact Person shall be available for the purpose of responding to complaints regarding the condition, operation or conduct of occupants of the short-term rental unit or their guests.
c. The owner or the owner's authorized agent shall, upon notification by the City of Fullerton that any occupant or guest of the short-term rental unit has committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental take appropriate action to immediately abate the disturbance as determined by the Community and Economic Development Director or applicable department.
d. Failure to respond to notifications from the City of Fullerton regarding violations of the Municipal Code or any state law shall be grounds for revocation of the Short-term Rental Permit as well as any applicable legal or Code Enforcement actions pursuant to Title 6 of the Fullerton Municipal Code.
10. Good Neighbor Guidelines
a. Short term rental owners or authorized agents shall be responsible for informing their renters of the Good Neighbor Guidelines. These Guidelines shall include, at a minimum:
i. Renter and/or guests of the short-term rental unit shall maintain the property free of debris, on-site and in the immediate vicinity.
ii. Trash cans shall be maintained in a clean and sanitary manner and shall not be placed on the street prior to 24-hours before pick up day and shall be promptly removed from the street following service.
iii. Quiet times shall be from 10:00 p.m. to 7:00 a.m. pursuant to the noise standards referenced in FMC Chapter 15.90.
iv. The renters and/or guests of the short-term rental shall not create unreasonable noise or disturbances, engage in disorderly conduct or violate provisions of this Code or any State law pertaining to noise or disorderly conduct.
v. Parking for renters, guests and/or property owners shall be provided on-site within a legal garage, carport or driveway to the extent possible.
11. Non-Residential Uses Not Permitted. Weddings, auctions, commercial filming, unless permitted pursuant to Chapter 3.80 of the FMC, commercial functions, or other similar events that are inconsistent with the residential character of the neighborhood as determined by the City Manager are prohibited within a short-term rental.
12. Advertising. There shall be no visible on-site advertising of a short-term rental on the subject property.
13. Short Term Rental Permit – Modification / Revocation
a. The Director of Community and Economic Development is authorized to revoke or modify the conditions attached to the Short-term Rental Permit if at any time they determine that:
i. The applicant has provided materially false or misleading information in the application.
ii. The applicant is in violation of the Municipal Code or any state law.
b. The applicant shall be provided with written notice of such modification or revocation. The applicant may file an appeal to Planning Commission with the City Clerk within (10) ten calendar days of the date of mailing of the notice of modification/revocation. If no appeal is filed, the modification/revocation shall become effective upon expiration of the period for filing appeals.
14. Short Term Rental Permit – Enforcement
a. Any host who violates any provision of this Chapter, any person other than a hosting platform who facilitates or attempts to facilitate a violation of this Chapter, or a hosting platform that violates its obligations under this Section, shall be subject to administrative fines and administrative penalties pursuant to Chapters 6.01 of this Code.
b. The City may issue and serve administrative subpoenas as necessary to obtain specific information regarding short-term rental listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the short-term rental listings comply with this Chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than 30 days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that 30 day period.
c. The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law.
(Ord. 3290 § 1 (part), 2020; Ord. 3255 § 5, 2018; Ord. 3232 (part), 2016; Ord. 3222 § 7, 2015; Ord. 3189 § 4, 2013; Ord. 3144, (part), 2010; Ord. 2982, 2001; Ord. 3026, 2003; Ord. 3315 § 3 (part), 2022).