A. Title. This title may be known and cited as “Title 15: Planning and Zoning,” the “code,” the “zoning code,” the “zoning ordinance” or the “zoning regulations.”

B. Purpose and Intent. This zoning code is established to:

1. Implement the plans, goals, policies and other provisions of the Aliso Viejo general plan.

2. Promote and protect the public health, safety and general welfare of the people of the city.

3. Classify, designate, and regulate the location, use, and construction of buildings, structures, and land for residential, recreational, commercial, industrial, open space and other purposes.

4. Determine the intensity of land use and establish standards for development and protection of community resources and the enjoyment of scenic beauty.

5. Secure for the residents of the city the social and economic advantages resulting from the planned and orderly use of its land resources.

6. Establish conditions which allow the various types of land uses to exist in harmony and to promote the stability of existing land uses by protecting them from harmful intrusion.

7. Prevent undue intensity of land use or development, avoid population overcrowding and maintain a suitable balance between developed land and open space while preventing uncontrolled sprawl.

8. Preserve open space land where designated in the general plan.

9. Ensure that adequate off-street parking and loading facilities are provided and maintained for all land uses.

10. Provide land zoned for schools, parks and other public facilities.

11. Protect and enhance real property values.

C. Components. The zoning code includes the following components:

1. Written regulations establishing various classes of zoning districts and governing the use of land and the placement of buildings and improvements within districts; and

2. A map or set of maps, known as the “official zoning map” or “zoning map,” delineating the boundaries of zoning districts within the city.

D. Where Filed. A copy of the zoning code and the zoning map, together with a record of all amendments, shall be kept on file with the planning director and shall constitute the original record. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. General Authority. This zoning code is adopted pursuant to Article XI, Section 7 of the Constitution of the state of California and in compliance with the requirements of California Government Code Title 7 (especially Section 65800 et seq.), as last amended or superseded, for the purpose of promoting the public health, safety, and general welfare.

B. Geographic Area. The provisions of this code governing the use of land, buildings and structures, the size of yards, abutting buildings and structures, height and bulk of buildings, standards of performance, and other provisions shall apply to all land within the city’s jurisdiction.

C. Applicability and Effect on Prior Permits. The regulations of this zoning code shall apply to the construction, alteration, use, substitution, expansion, movement of any building or structure, and to the use of any parcel of land, on or after the effective date of the ordinance codified in this zoning code and any subsequently adopted ordinance amending this zoning code, unless a building permit has been lawfully issued by the city for the construction of a project, in which case that project may be completed under the provisions of the zoning code as it may have existed at the time of issuance of the building permit; provided, that construction under the permit must have commenced and been diligently and continuously pursued within the time limit of a building permit or any extension thereof.

D. Effect on Developed Land. The regulations of this zoning code apply to new development as well as to the modification and redevelopment of previously developed property, unless otherwise provided in Chapter 15.86 AVMC. Improvements and development existing on or before the adoption or amendment of these regulations that do not conform to the regulations in this zoning code may continue to exist as provided by this zoning code.

E. Effect within Coastal Zone. Notwithstanding subsection (C) of this section, all uses and structures within the coastal zone may be subject to a coastal development permit approved by the city pursuant to AVMC 15.74.030.

F. Planned Community Text Superseded. The official zoning map, standards, and regulations codified in this zoning code wholly replace the regulations of any previously approved planned community document, including but not limited to the Aliso Viejo planned community development plan and supplemental text. Improvements and development existing on or before the effective date of the ordinance codified in this code that do not conform to the land use, property development or performance standards in this code may continue to exist as provided in Chapter 15.86 AVMC.

G. Conflict with Other Regulations. Where conflict occurs between the regulations of this zoning code and any other title of the municipal code, the more restrictive or specific regulation(s) shall control unless otherwise specified in this zoning code. [Ord. 2018-195 § 2; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Notwithstanding any provisions of this zoning code, the limitations on density, unit counts, square footages, floor area ratios, and other similar measures established in the general plan shall constitute the upper limit of development intensity for all land in the city. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Provisions Deemed Minimum Requirements. The provisions of this title are deemed to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.

B. Interpretation of Zoning Regulations.

1. Interpretation by Director. Where uncertainty exists regarding the interpretation of any provision of this title or its application to a specific site, the planning director shall determine the intent and application of the provision. Such interpretation may be referred to the city council for review if the director determines on a case-by-case basis that the public interest would be better served by such referral.

2. Appeals. Interpretations of zoning regulations by the director may be appealed to the city council as provided in AVMC 15.70.080 (Appeals and call-up review). [Ord. 2012-141 § 13; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Language. The following rules for interpretation of language shall apply:

1. The specific shall supersede the general.

2. The word “shall” identifies a mandatory requirement.

3. The word “should” identifies a policy provision which must be followed in the absence of compelling opposing considerations identified by the city decision-making authority.

4. The words “encouraged,” “discouraged,” and “be considered” identify optional, though highly recommended provisions.

5. The word “may” is discretionary.

6. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

a. “And” indicates that all connected words or provisions shall apply.

b. “Or” indicates that the connected words or provisions may apply singularly or in any combination.

c. “Either...or” indicates that the connected words or provisions shall apply singularly but not in combination.

7. In case of conflict between the text and a diagram, the text shall control.

8. All references to the “zoning code” shall mean AVMC Title 15.

9. All references to “municipal code” shall mean the City of Aliso Viejo Municipal Code.

10. All references to departments, boards or other public agencies are to those of the city of Aliso Viejo, unless otherwise indicated.

11. All references to the “state” shall mean the state of California. Any reference to a specific state of California regulation or law shall also mean “as the regulation of law may be subsequently amended by the state of California.”

12. All references to public officials are to those of the city of Aliso Viejo and include designated representative of such officials, unless otherwise indicated.

13. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a Saturday, Sunday or holiday, it shall be extended to the next full day in which the offices of the planning department are open for business.

14. Words used in the present tense shall include the future tense.

15. Title, Chapter, Section. Subsection and paragraph headings contained in this zoning code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof.

16. The words “activities” and “facilities” include any part thereof.

17. The word “used” shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used.

18. The words “chapter,” “section,” “subsection” and “paragraph” refer to the Aliso Viejo zoning code unless otherwise noted.

19. All terms shall be construed pursuant to Chapter 15.94 AVMC, Definitions. Terms that are not defined shall be given their common and ordinary meaning.

B. Rounding of Fractional Numbers. If in the application of the requirements of this zoning code, a fractional number is obtained that is less than one-half (0.5), the number shall be rounded down to the nearest whole number. A number that is obtained that is one-half (0.5) or greater shall be rounded up to the next higher whole number, except when calculating density. For example, 4.499 would be rounded to four and 4.500 would be rounded to five. In regard to calculating density, fractional numbers shall be rounded down to the next lower whole number except as permitted in accordance with California Health and Safety Code Section 65915. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Any land use that contravenes state or federal law shall be prohibited in all planning areas, districts or zones within the city. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A); Ord. 2006-085].

If any section, subsection, paragraph, sentence, clause, phrase or portion of this zoning code is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such decision shall not affect the validity of the remaining portions thereof. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Establishment of Districts. The city is hereby divided into the following districts for the purposes of classifying, regulating, restricting, and separating the use and development of land, buildings, and structures:

1. RL: Low Density Residential District;

2. RM: Medium Density Residential District;

3. RH: High Density Residential District;

4. RVH: Very High Density Residential District;

5. PRD: Planned Residential Development Overlay District;

6. CT: Town Center Commercial District;

7. CC: Community Commercial District;

8. CN: Neighborhood Commercial District;

9. BP-1: Business Park 1 District;

10. BP-2: Business Park 2 District;

11. PO: Professional Office District;

12. CF: Community Facilities District;

13. OR: Open Space Recreation District;

14. OS: Open Space Preservation District;

15. SP: Specific Plan Districts;

16. CZ: Coastal Zone Overlay District.

B. Base Districts. Every parcel shall receive a base district designation on the official zoning map that establishes the primary type and intensity of land use permitted, along with development regulations for that particular type and intensity of land use.

C. Specific Plan Districts. Specific plans may be adopted as base districts or as overlay districts, as provided in AVMC 15.78.030. Consistent with the city’s general plan community benefit overlay areas (CBOs), the city has established the following specific plan districts as base districts as of the effective date of the ordinance codified in this zoning code: SP-1: Vantis; SP-2: The Commons; SP-3: Glenwood; and SP-4: Ventana Ridge. Additional specific plan districts may be adopted as determined appropriate by the city council.

D. Overlay Districts. An overlay district supplements the base district for the purpose of establishing special use or development regulations for an identified geographic area in addition to the provisions of the underlying base district. In the event of conflict between the base district regulations and the overlay district regulations, the provisions of the overlay district shall apply.

E. Minimum Requirements. The provisions set out in this code for each district shall be the minimum requirements and shall apply uniformly within each district. No building, structure, or land shall be used or occupied, and no building or sign shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the provisions set out for the district in which such building, structure, or land is located. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Zoning Map. The zoning districts designated and established by this chapter shall be shown on a map entitled “City of Aliso Viejo Official Zoning Map,” as last amended, which shall be kept on file in the office of the planning director. The zoning map shall be adopted and amended only upon action of the city council. The zoning map is incorporated herein by reference and shall hereafter exist pursuant to and as an integral part of this code.

B. Map Designations. Land use and development provisions applicable to specific areas shall be identified on the zoning map by zoning designations consisting of letters and/or numbers.

C. Amendments. If changes are made in the district boundaries or other information portrayed on the official zoning map, such changes shall be entered on the zoning map promptly after the amendment has been approved by the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. State Law Requirements. The California Government Code requires that all city zoning ordinances, zone changes, subdivisions, and public works projects be consistent with the city’s general plan. It is the intent of this title that no land use or project shall be approved which is not consistent with the city’s general plan. This section identifies criteria and procedures for determining the consistency of proposed projects with the general plan. Determinations regarding general plan consistency may be appealed in accordance with the provisions of AVMC 15.70.080 (Appeals and call-up review).

B. Procedures for Determining Consistency.

1. The planning director shall make a preliminary finding on whether a proposed zone change, subdivision, or other land use or development application is consistent with the general plan. If the planning director finds that a proposal is not consistent with the general plan or that there is reasonable doubt regarding general plan consistency, the planning director may refer the application to the city council for a consistency finding prior to review of the proposal itself or may deny or recommend denial of the proposal based on inconsistency with the general plan.

2. If the planning director makes a preliminary finding that the proposal is consistent with the general plan, the proposal shall be scheduled for development review processing and approval or denial. The decision-making authority shall make a final determination of general plan consistency prior to or concurrent with approval or denial of the application in question. In all cases, if the decision-making authority finds that a proposal is not consistent with the general plan, the proposal shall be denied.

C. Criteria for Determining Consistency. The planning director and the decision-making authority shall utilize all of the following criteria in determining whether a proposed project is consistent with the general plan:

1. For residential projects, the number of project dwelling units is consistent with the general plan density designation. For nonresidential projects, the floor area ratio (FAR) is consistent with the general plan intensity designation.

2. The proposal is compatible with the goals, policies, objectives, programs, and general land uses of the applicable elements of the general plan. In order to satisfy this criterion, a proposal must meet the overall intent of such goals, policies, and objectives.

3. The zoning district required to accommodate the proposal, as set out in Chapters 15.10 (Residential Districts), 15.18 (Nonresidential Districts) and 15.26 (Special Purpose Districts) AVMC, is consistent with the applicable general plan land use designation shown on the general plan land use policy map. Such zoning consistency shall be determined by consulting the zoning consistency matrix (Table 15.06.030 following) which identifies which zoning districts are consistent with each general plan land use designation. Zoning districts in the left column which are consistent with the general plan designations across the top are marked by a “C.”

[Ord. 2012-141 § 14; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Rules. Where uncertainty exists as to the boundaries of the zoning districts shown on the official zoning map, the following rules shall apply:

1. Boundaries indicated as approximately following the right-of-way lines of freeways, streets, alleys, railroads, or other rights-of-way shall be construed as congruent with such right-of-way lines and shall further be construed as moving with such right-of-way lines. Boundaries indicated as within the rights-of-way of freeways, streets, alleys, railroads, or other rights-of-way shall be construed as congruent with the centerlines of such rights-of-way.

2. Boundaries indicated as approximately following lot lines shall be construed as congruent with such lot lines.

3. Boundaries indicated as approximately following city limits shall be construed as following those city limits.

4. Where any public right-of-way is officially vacated or abandoned, the zoning district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way.

5. Boundaries indicated as parallel to or extensions of the lines described in subsections (A)(1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

6. Where physical features existing on the ground are at variance with those shown on the official zoning map or if any uncertainty regarding zoning boundaries exists after application of subsections (A)(1) through (5) of this section, the planning director shall interpret the district boundaries. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Purpose. This code identifies those land uses and structures which are permitted within each zoning district. If a use or structure is not listed as permitted, it is prohibited unless determined to be permitted in accordance with this section.

B. Procedures and Findings. Because not every possible land use can be identified in this title and because new land uses evolve over time, this section establishes the planning director’s authority to determine if unlisted uses shall be permitted outright, permitted with a conditional use permit, or not permitted in a zoning district. In order to determine that a use is permitted outright or with a use permit, the director shall make all of the following findings:

1. The proposed use is consistent with the goals and policies of the general plan.

2. The proposed use is consistent with the purpose and intent of the district in which it is proposed to be located.

3. The proposed use is similar to other uses which are permitted in the district in which it is to be located.

4. The proposed use will not have a material adverse effect on the health, safety or welfare of residents or other persons in the vicinity of the use.

If the director determines that review is required on a case-by-case basis for an unlisted use in order to make the finding in subsection (B)(4) of this section, such a use shall be permitted only as a conditional use; that is, approval of a conditional use permit shall be required in each case.

C. Referral by Director. Any determination regarding a proposed unlisted use may be referred to the city council for review if the director determines on a case-by-case basis that the public interest would be better served by such referral. [Ord. 2012-141 § 15; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Modified Standards. In any zoning district, the minimum lot size and setbacks and the maximum building height and floor area ratio may be different from that set out in the district regulations if so specified on the official zoning map. Such modified development standards shall supersede those in the district regulations and shall be specified by means of the following zoning map symbols:

1. A number following the district designation and connected by a colon (:) shall designate the minimum lot size. Where the number is greater than 100, it shall indicate the minimum size in square feet; where the number is less than 100, it shall indicate the minimum size in acres.

2. Numbers following the district designation and enclosed by parentheses shall designate the minimum setbacks in feet. Within the parentheses, setbacks shall be separated by a slash (/) and shall be shown in the following order: (front/side/rear).

3. A number shown below and separated from the district designation by a horizontal line shall designate the maximum height of buildings or structures in feet.

4. A number following the district designation and enclosed by brackets shall designate maximum floor area ratio (FAR, the ratio of building square footage to buildable site area).

5. The preceding symbols may be used in any combination to show minimum lot size, minimum setbacks, maximum floor area ratio, or maximum height.

[Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].