The following qualifications, limitations, and conditions apply to the uses described in Table 15.17.020.A. The more restrictive of any additional qualifications, limitations, or conditions set forth in the use definitions of Chapter 15.04 of this title shall apply.
A. Occupancy restrictions.
1. No use of a residential unit may exceed the occupancy load set out in Section 503.2 of the Uniform Housing Code, i.e., at least one room with 120 square feet of floor area, and at least 70 square feet in each additional sleeping room, plus an additional 50 square feet for each extra person beyond two people in any such room.
2. No use of a residential unit may exceed an occupancy load that would result in fewer than 100 square feet of usable open space, as defined in Subsection 15.17.040.E of this chapter, on the premises per occupant.
B. Multiple-family dwellings shall include cooperatively owned apartments and condominiums.
C. Manufactured housing.
1. Manufactured housing meeting the requirements of Section 65852.3 of the California Government Code may be placed only on a permanent foundation on an otherwise vacant lot with a zone of R-1-6,000 or R-1-7,200, provided all require-ments of this chapter and title are met.
2. The following additional requirements shall apply:
a. Manufactured homes shall have exterior siding extending to the ground or to the top of a solid foundation and consisting of materials found by the Director of Development Services to be those customarily utilized in conventionally built single-family dwelling.
b. Manufactured homes shall have a shingled, pitched roof (at least 2 to 12), with at least 12-inch eave overhangs.
c. Manufactured homes shall have any accessory buildings designed with the same exterior materials and roof designs as the main structure.
D. Mobile homes and house trailers:
1. A mobile home or house trailer, as defined in Section 15.04, may only be used for living or sleeping accommodations when located in a mobile home park or on a permanent foundation in specific R-1 zones, subject to the provisions set forth in Subsection 15.17.030.C of this chapter.
2. The storage of a mobile home or house trailer is regulated by Subsection 15.17.030.Q of this chapter.
E. Transitional and Supportive housing:
1. Transitional and Supportive housing shall be considered a residential use of property, permitted in dwellings designed for non-transient occupancy, and shall be subject to the development standards of the zoning district in which they are located.
2. Transitional or supportive housing which cannot be made to comply with the underlying zoning standards may be permitted by Conditional Use Permit. In such case, the Conditional Use Permit will be evaluated based on the factors listed in Subsection 15.70.040.C of this Title and the following:
a. Compatibility between proposed project and existing/surrounding development.
b. Potential impacts on surrounding uses involving noise, parking, traffic, activity and security.
c. Provision of a full-time on-site manager.
d. Proximity of property to transit and social service agencies.
e. Impacts on accredited K- 12 schools within one quarter mile (1,320 feet) of the project site.
F. Group home or 24-hour care facility; small residential care facility for the elderly:
A group home or a 24-hour care facility means a dwelling licensed by the state of California to accept and care for six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children. A small residential care facility for the elderly means a dwelling licensed by the state of California to accept six or fewer residents who are over 60 years of age, which provide varying levels and intensities of care and supervision or personal care.
1. These types of facilities are permitted in all residential zones provided the number of persons cared for at any one time does not exceed six.
2. When an outdoor recreational area is provided for the use of the occupants, it must be fenced and maintained in such a manner as not to constitute a nuisance to surrounding or adjoining residential properties.
G. Small family child-care home:
Small family child-care home means a detached single-family dwelling, comprising the only dwelling on a residentially zoned lot, which provides licensed family child-care to eight or fewer children, including children who reside at the home. A small family child-care home is governed by the California Health and Safety Code, which effectively prohibits any local regulations of these facilities.
H. Large family child-care home:
A large family child-care home (caring for between nine and 14 children, inclusive) may exist in detached single-family dwellings, comprising the only dwelling on a residentially zoned lot, and shall be subject to the following conditions:
1. No large family child-care home shall locate closer than three hundred linear feet to any other child-care home or child-care center regardless of size. A large family child-care home that is operated on property of a religious institution or a college is exempt from this provision. A large family child-care home located within 300 feet of another child-care facility (i.e., a small or large child-care home or a child-care center) may be approved through a Conditional Use Permit when findings of insignificant impact can be made.
2. A large family child-care home shall provide off-street vehicular loading areas with on-site circulation such that children may be safely loaded and unloaded from vehicles off the street, and pedestrian/vehicle conflicts are minimized. Under no circumstances shall children be required to cross a street to access the facility.
3. One off-street parking space shall be provided for each day care worker on duty, in addition to the parking originally required for the dwelling. One guest space shall also be provided for each six children, or portion thereof, cared for by the facility. The spaces shall not be located in a required street setback area, but may be located in tandem when site conditions make it infeasible to provide the required parking otherwise.
4. A large family child-care home shall maintain an outdoor play area that adjoins any residentially zoned property in such a manner so as not to constitute a nuisance to the residential use. A solid six-foot high masonry wall shall be constructed along the perimeter of the facility adjacent to all such outdoor play areas in the side and rear yards to mitigate noise.
5. A large family child-care home shall comply with noise and maintenance regulations of the zone andwill be subject to applicable abatement/ nuisance procedures if necessary to mitigate incompatibility with the surrounding neighbor-hood and the intent of these regulations.
I. Accessory buildings and structures
The requirements for a one-story accessory building or structure are indicated below:
1. A habitable accessory building is subject to the following requirements:
a. It shall comply with the front yard setback and height requirements for the main building on the property.
b. When physically attached to the main building, it shall also comply with the side and rear setback requirements for the main building on the property.
c. When detached from the main building:
(i.) If less than 600 square feet in area and not more than ten feet in height at the property line, it shall be exempt from side and rear yard setback requirements for the main building on the property, provided all drainage is directed to the property on which the building is located and the building meets applicable fire separation requirements per the Fullerton Building Code. Within a required side or rear yard, height of the building may increase one foot for each foot of setback from the property line, with maximum height not to exceed the requirements of the zone in which it is located.
(ii.) If 600 or more square feet in area or more than ten feet in wall height, it shall be located in accordance with setback requirements for the main building on the property. A minor reduction in side or rear-yard setback may be granted subject to approval of a Minor Exception pursuant to Chapter 15.66 of this title.
d. The architectural design shall be visually compatible with the main dwelling unit on the property and with the neighborhood character, as determined by the Community Development Director or his or her designee. The determination may be appealed to the Planning Commission.
e. Applicant shall prepare a Land Use Agreement for the property, subject to review and approval by the Community Development Director, that prohibits the conversion of any or all of the accessory building to a separate dwelling unit. Once approved, the applicant shall provide an executed and notarized Agreement to the City to be recorded with the Orange County Recorder, and future sale of the property shall be subject to the Agreement.
2. A non-habitable accessory building is subject to the following requirements:
a. It shall comply with the front yard setback and height requirements for the main building on the property.
b. When physically attached to the main building, it shall also comply with the side and rear setbacks as specified for the main building on the property.
c. When detached from the main building:
(i.) If less than 600 square feet in area and not more than ten feet in height at the property line, it shall be exempt from side and rear yard setback requirements for the main building on the property, provided all drainage is directed to the property on which the building is located and the building meets applicable fire separation requirements per the Fullerton Building Code. Within a required side or rear yard, height of the building may increase one foot for each foot of setback from the property line, with maximum height not to exceed the requirements for the main building on the property.
(ii.) If 600 or more square feet in area or more than ten feet in wall height, it shall be located to meet setback requirements for the main unit on the property. A minor reduction in side or rear yard setback may be granted subject to approval of a Minor Exception pursuant to Chapter 15.66 of this title. Rear yard setbacks do not apply where a rear property line does not abut a property with a residential zone classification.
d. The architectural design shall be visually compatible with the main dwelling unit on the property and with the neighborhood character, as determined by the Community Development Director or his or her designee. The determination may be appealed to the Planning Commission.
4. A detached two-story habitable or non-habitable accessory building may be allowed in the R-1 and R-1P zones provided that it complies with the development standards for the main building on the property and its architectural design is visually compatible with the main dwelling unit on the property and with the neighborhood character, as determined by the Community Development Director or his/her designee. The Director’s determination regarding architectural compatibility may be appealed to the Planning Commission. Applicant shall prepare a Land Use Agreement for the property, subject to review and approval by the Community Development Director, that prohibits the conversion of any or all of the accessory building to a separate dwelling unit. Once approved, the applicant shall provide an executed and notarized Agreement to the City to be recorded with the Orange County Recorder and future sale of the property shall be subject to the Agreement.
5. The area of all accessory buildings shall be included in calculations for lot coverage, floor/area ratio requirements and usable open space requirements for the zone in which it is located. The area of all accessory structures shall not be included in calculations for lot coverage requirements of Section 15.17.050.C and may be included in calculations for usable open space requirements of Section 15.17.050.E when designed for outdoor living or recreation.
J. Domestic animals:
1. For the purposes of this section, domestic animals shall include those animals that have been traditionally regarded as domesticated or tame house pets and shall be limited to the following:
a. Dogs and cats:
(i.) Lots of 20,000 square feet or less: Any combination of dogs and cats totaling four animals, plus their offspring less than four months old, per lot of 20,000 square feet or less (excluding duplexes, apartments, condominiums or mobile homes). The keeping of four dogs requires a property having an R-1 or R-1P zone and a noncommercial kennel license obtained from the Orange County Animal Control.
(ii.) Lots over 20,000 square feet: Any combination of dogs and cats totaling five animals, plus their offspring less than four months old, per lot over 20,000 square feet (excluding duplexes, apartments, condominiums or mobile homes). The keeping of four or more dogs requires a property having an R-1 or R-1P zone and a noncommercial kennel license obtained from the Orange County Animal Control. Permission to keep additional dogs and cats in excess of the limitations in this provision will require the approval of a Conditional Use Permit.
(iii.) Duplexes, apartments, condominiums or mobile homes: Two adult dogs or cats, or one of each, plus their offspring less than four months per each duplex unit, apartment unit, condominium, or mobile home.
b. Domestic fish and birds, excluding exotic, wild and livestock varieties.
2. This section shall not take precedence over more restrictive regulations regarding the keeping of animals imposed by any property owner, property manager or homeowners association.
K. Livestock and other animals:
1. Livestock means any domesticated poultry, rabbits, cattle, goats, swine, sheep and horses that are kept under the control or ownership of a person for any purpose.
a. Small livestock. Livestock such as poultry, rabbits, pot-bellied pigs and miniature horses may be kept, provided no coops or pens are located within 30 feet of a habitable dwelling on adjacent property. Crowing roosters are prohibited.
b. Other livestock. Livestock such as cattle, goats, sheep and horses may be kept under the following conditions:
(i.) Two adult animals may be kept on property with an R-1 zone containing not less than three-fourths of an acre of net land area within the boundaries of the property. Net land area is defined as the gross land area minus any dedications. One additional animal may be kept for each additional 15,000 square feet of land; however, no more than five adult animals may be allowed without an approval of a Conditional Use Permit. The offspring of bovine animals shall be counted as adults when they are six months old and of equine animals when they are one year old.
(ii.) No animal as described in subsection (b) shall be permitted to approach closer than 50 feet to a habitable dwelling on adjacent property and 30 feet to a patio, swimming pool or similar facility on adjacent property.
(iii.) Additional equine animals in excess of the limitations in this provision, including a commercial stable, may be kept on vacant property with an R-1 zone having no less than three-fourths of an acre, subject to the approval of a Conditional Use Permit.
2. Except as otherwise provided by law, the following exotic, wild and non-domesticated animals may be kept: non-domestic birds, hamsters, guinea pigs, domesticated rats and/or mice, nonpoisonous snakes not exceeding six feet in length, turtles, nonpoisonous toads and/or frogs, turtles, lizards, salamanders, newts, chameleons, and non-domestic fish (except piranhas and walking catfish). Notwithstanding the above-enumerated animals, no person shall have, keep, or maintain any animal that qualifies as an endangered species or any other exotic, wild or non-domestic animal without the approval of a Conditional Use Permit and a license, if required, from the Orange County Animal Control.
L. Garage sales:
Garage sales shall be a temporary permitted use under the following conditions:
1. Goods and equipment displayed and sold shall be only those owned by and part of the normal household effects of the occupant(s) of the premises on which the sale is held.
2. The goods shall not be displayed or sold in the public right-of-way, nor after sundown.
3. No such sale shall last more than three consecutive days, nor be repeated on the same premises more frequently than once each six months.
4. A maximum of three garage sale signs shall be permitted; each may be no more than two square feet in area. The signs may be posted on premises other than those of the sale only with the written permission of the owner of those premises; they may not be posted in a public right-of-way; they shall be displayed during daylight hours only and shall be removed at the termination of the sale.
M. Home based businesses:
Home businesses are permitted in any residential zone classification with the following restrictions:
1. No employees other than persons who permanently reside on the premises shall be permitted.
2. There shall not be more than one room in the dwelling used for the home occupation.
3. There shall be no outside storage of material or stock in trade. Storage of necessary supplies may be permitted in the garage provided said storage does not diminish the required parking spaces in the garage.
4. No use of materials or equipment other than those normally associated with a normal household use or hobby shall be permitted on site.
5. The nonresidential use shall not be evident from outside the residence due to sounds, odors, vibrations, etc.
6. There shall be no signs related to the business maintained anywhere on the site.
7. No new structures shall be constructed for the purpose of conducting the home business.
8. No vehicles associated with the home business shall be kept on the premises except as otherwise permitted in a residential zone.
9. The use shall not generate pedestrian or vehicular traffic beyond that normally associated with a residential zone. There shall be no clients or customers on the premises at any time.
10. There shall be no use of commercial vehicles for the delivery of materials to or from the premises, except those vehicles normally making residential deliveries, i.e., UPS, Federal Express, etc.
N. Private parking areas:
Private parking areas shall conform to the following conditions:
1. Such areas shall be improved and maintained in accordance with the provisions of Section 15.56.130 of this title, except that the required 15-foot setback from any street shall be landscaped in its entirety and not less than five percent of the remainder of the parking area shall also be landscaped.
2. Along any common boundary with property having a residential zone classification of R-1 or R-1P, a six-foot high ornamental masonry wall or wooden fence shall be provided and maintained. Where a differential in grade exists between the two properties, the height of the wall may be reduced one foot for each two feet of grade differential, provided that in no case, except within 15 feet of the street line, shall such wall be less than six feet in height as measured from the commercial side and 42 inches in height as measured from the residential side. Grade differential shall be determined from the building pad elevation, if known, and if not known, from an estimated normal building pad elevation.
3. Along any common boundary with property with a residential zone classification not otherwise protected by a masonry wall located on the parking lot side, there shall be installed and maintained a concrete curb or timber barrier not less than six inches in height and located not less than two feet from said boundary.
4. No such area shall be used for the commercial storage of cars, trucks, boats, or trailers.
5. No habitable structures shall exist on the parcel during its use as a parking area.
6. No vehicle registered for commercial purposes pursuant to California Vehicle Code Section 260 which is three tons or more in gross weight shall be parked or left standing on any part of any property with a residential zone classification in excess of 30 consecutive minutes unless actual loading or unloading of said vehicle is in progress on said property.
7. One vehicle, which is registered for commercial purposes pursuant to California Vehicle Code Section 260, that is less than three tons in gross weight may be parked on an property with a residential zone classification, only if it is used for transportation to and from the residential premises by the occupant of said premises.
O. Renting of rooms:
The renting of rooms or the providing of board, or both, shall be limited to a total of three bedrooms and a total of three persons per dwelling unit on property within the R-1, R-1P, R-2 and R-2P zones.
P. Convenience shops and other limited commercial uses:
Convenience shops shall be limited to barber and beauty shops, drugstores, delicatessens, and laundry and dry cleaning pick-up and delivery points, and similar service uses designed to serve the residents of the building.
Q. Parking and/or storage of resident's recreational vehicles:
Parking and/or storage of recreational vehicles, motorized or non-motorized, is permitted provided all of the following conditions are satisfied:
1. The property is improved with only one or two dwelling units.
2. Such vehicles shall not be occupied for living purposes.
3. Such vehicles shall be limited to those owned by the occupant of the dwelling unit.
4. Recreational vehicles shall not be parked or stored where such parking or storage shall constitute a clear and demonstrable vehicular traffic hazard, or be a threat to public health or safety.
5. A recreational vehicle shall not be parked or stored within the front yard when there is an existing driveway or other access leading to the rear yard of the residence that can accommodate such vehicle.
6. Parking parallel to the front property line shall be prohibited except where a curved or circular driveway exists. In those cases, suitable screening of the recreational vehicle shall be provided.
R. Outdoor recreational facilities:
1. A swimming pool, spa, tennis court, play apparatus, or similar recreational facility for the sole use of the occupants of the premises and their guests is allowed in any residential zone, provided that:
a. The facility is approved with any necessary building permits.
b. The facility and its use are incidental to the main use of the lot and does not alter the principal use of the subject lot.
c. The facility and its use do not generate pedestrian or vehicular traffic beyond that normally associated with a residential zone.
d. The facility and its use do not cause a public nuisance pursuant to Title 6 of the Fullerton Municipal Code.
e. The facility and its use comply with the noise standards for the residential zone pursuant to Chapter 15.90 of this title.
f. The facility shall not occupy any portion of a required front yard setback for the zone as defined in Table 15.17.050.A.
g. Should the facility be located in the front of the residential property, beyond the required setback, it shall be screened from adjacent properties and the public right-of-way. Screening shall be subject to the prior approval of the Director of Development Services.
h. Pools, spas and tennis courts may be located within the required rear and side yard setbacks as specified in Table 15.17.050.A., and subject to Subsections 15.17.040.G.2 and 15.17.050.B.6.
i. Play apparatuses (including swimming pool slides) or similar facilities which are 120 square feet or less in area and 4 feet or less in height from natural grade shall maintain a minimum 5 foot setback from the rear and side property lines.
j. Play apparatuses (including swimming pool slides) or similar facilities which are 120 square feet or less in area and between 4 feet and 10 feet in height from natural grade shall comply with the rear and side building setback requirements for a single-story structure as specified in Table 15.17.050.A.
k. Play apparatuses (including swimming pool slides) or similar facilities which are greater than 120 square feet in area or 10 feet or more in height from natural grade shall comply with the rear and side building setback requirements for a two-story structure as specified in Table 15.17.050.A.
l. Lighting for any outdoor recreational facility, such as a tennis or basketball court shall be designed in accordance with the following standards:
i. Light poles for game court lighting may not exceed fifteen (15) feet above the ground surface.
ii. All exterior lighting visible from off-site must be equipped with motion detectors and all decorative lighting and game court lighting must be equipped with automatic timer switches to ensure that the lighting is turned off when not in use.
iii. No exterior lighting may be directed off site and shall be shielded to direct light away from any adjacent property.
2. Notwithstanding the provisions of subsection 1. above, skateboard ramps or similar structures or devices used for skateboarding, roller skating, rollerblading, or similar wheeled activities are prohibited in any residential zone.
S. Residential Beekeeping.
1. Permit Required. Any beekeeping in a residential zone shall require a Residential Beekeeping Permit.
2. Notification Required. The notification of adjoining properties is required prior to the issuance of a Residential Beekeeping Permit.
3. Best Management Practices. Beekeeping shall follow the city's Best Management Practices for Residential Beekeeping and be ancillary to the primary residential use of the property and shall be conducted pursuant to Subsection 15.17.030 M of this title.
a. Best Management Practices for Residential Beekeeping are available in the Community Development Department. Acknowledgment of receipt of Best Management Practices document shall be required prior to issuance of Residential Beekeeping Permit.
(Ord. 3267 §4, 2018; Ord. 3255 §3, 2018; Ord. 3254 §2, 2018; Ord. 3232 (part), 2016; Ord. 3197 § 5, 2013; Ord. 3190 § 3, 2013; Ord. 3131 (part), 2009; Ord. 3075, 2006: Ord. 3026, 2003: Ord. 2982, 2001).