A. Purpose and Intent. The purpose and intent of the residential zoning districts is to provide for a range of residential densities and dwelling types consistent with the plans and policies of the general plan land use and other elements and to foster high quality, attractive and livable residential neighborhoods.

B. Residential Districts. The purpose of each residential district is as follows:

1. RL Residential – Low Density District. To provide for the development and preservation of low density neighborhoods with single-family detached or attached residences and condominiums. Maximum density is eight units per gross acre.

2. RM Residential – Medium Density District. To provide for the development and preservation of medium density neighborhoods containing detached and attached single-family homes on smaller lots, duplexes, townhomes, apartments, and condominiums. Each project will have ample common open space and recreation facilities. Maximum density is 18 units per gross acre.

3. RH Residential – High Density District. To provide for the development and preservation of high density neighborhoods consisting primarily of attached and multiple dwelling units such as townhomes, apartments, condominiums, and senior housing. Each project will have ample common open space and recreation facilities. Maximum density is 30 units per gross acre.

4. RVH Residential – Very High Density District. To provide for the development and preservation of very high density neighborhoods consisting primarily of multiple dwelling units such as apartments, condominiums, and senior housing. Each project will have ample common open space and recreation facilities. Maximum density is 50 units per gross acre.

5. PRD Planned Residential Development Overlay District. This is an overlay district which is to be combined with one of the residential base districts described preceding. The PRD overlay district provides for the development and preservation of planned unit developments with attached homes, detached homes, or a mixture of both. Each project will have ample common open space and recreation facilities. Setbacks and other development standards are to be tailored specifically to each project. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Development Permits Required. Table 15.10.020 in this section identifies whether a use or structure is permitted within a zoning district. However, in most cases development to establish a land use requires approval of a site development permit and/or other permits as set out in Chapter 15.74 AVMC, Discretionary Permits.

B. PRD Permitted Uses. Per AVMC 15.10.040, the permitted uses within the planned residential development district shall be the same as those in the underlying base district. Therefore, permitted uses for the PRD district are not included in Table 15.10.020.

C. Table of Permitted Uses. Table 15.10.020 specifies those uses and structures which are permitted within each residential district. If a use or structure is not listed as permitted, it is prohibited unless specifically determined to be permitted in accordance with AVMC 15.06.050, Unlisted land uses. The letters in the columns beneath the district designations mean the following:

1. “P” – The use is permitted as a principal use within the district.

2. “A” – The use is permitted only if accessory to the principal use on the site.

3. “C” – The use is permitted as a principal or accessory use if a conditional use permit is approved.

4. “AUP” – The use is permitted as a principal or accessory use if an administrative use permit is approved.

5. “TUP” – The use is permitted on a temporary basis if a temporary use permit is approved.

6. “NP” – The use is not permitted in the district.

[Ord. 2024-237 § 4; Ord. 2018-202 § 3 (Exh. A); Ord. 2017-192 § 5; Ord. 2016-181 § 2; Ord. 2016-179 § 3; Ord. 2015-172 § 2; Ord. 2015-166 § 3; Ord. 2012-146 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Table of Development Standards. The following table sets out standards for development in residential districts:

1See Chapter 15.30 AVMC for additional provisions regarding height limits.

2Setbacks are measured from ultimate street right-of-way line. Also, setbacks are subject to the provisions of AVMC 15.14.040, Encroachments into setbacks.

3The PRD standards shown are for projects approved after the effective date of the ordinance codified in this code. For projects approved prior to the effective date of the ordinance codified in this code, setbacks and other development standards shall be as established by the buildings as they exist on the effective date of the ordinance codified in this code.

4All minimum perimeter setbacks shall be increased 1 foot for every foot in height above 35 feet.

[Ord. 2013-150 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: affordable housing incentives, Chapter 15.58 AVMC; housing and reasonable accommodation, Chapter 15.66 AVMC.

A. Application of Overlay District.

1. This is an overlay district which is to be combined with one of the residential base districts described in this chapter. The PRD overlay district provides for the development and preservation of planned unit developments with attached homes, detached homes, or a mixture of both. Each project will have ample common open space and recreation facilities.

2. The PRD overlay district may be used in combination with any residential base district, such as “RL,” “RM” or other residential district. The overlay district shall be indicated on the official zoning map by means of a cross-hatched or other pattern over the base district designation.

B. Permitted Uses and Development Standards.

1. Permitted Land Uses. Permitted land uses in the PRD overlay district shall be the same as in the underlying base district.

2. Development Standards. Development standards for projects approved after the effective date of the ordinance codified in this code are shown in Table 15.10.030. For projects approved prior to the effective date of the ordinance codified in this code, development standards shall be as established by the buildings as they exist on the effective date of the ordinance codified in this code.

C. Accessory Structures.

1. Conformance with Supplementary Regulations. Except as otherwise set out in this section, accessory structures shall conform to the provisions of Chapter 15.14 AVMC, Supplemental Residential Regulations.

2. Condominium Projects. For condominium projects, room additions, spas and accessory structures such as patio covers, outdoor fireplaces, play equipment, air conditioning units and similar facilities may be constructed in common area subject to the following requirements:

a. Prior written approval by the homeowners association (HOA) that owns the common area shall be submitted to the planning department. The HOA approval shall be stamped or otherwise written on the construction plans to the satisfaction of the director. However, replacement of existing air conditioning units at the same location shall not require HOA approval.

b. No such accessory improvements shall be allowed in front of the front building wall of a residence unless an exception permit is approved.

c. No such accessory improvements shall be allowed within five feet of any public street right-of-way unless an exception permit is approved. [Ord. 2013-150 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: residential condominium conversions, Chapter 15.54 AVMC.

The purpose and intent of this chapter is to set out regulations for accessory structures, fences, swimming pools, and other elements of land use in residential districts and the residential portions of specific plan districts. These requirements are in addition to the regulations for residential uses set out in Chapter 15.10 AVMC. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Summary Table. The following table is a summary of supplemental residential regulations in this chapter. In case of conflicts between this table and the applicable section text, the text shall control.

[Ord. 2017-192 § 3; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Use of Terms. In this section, the terms “fence” and “wall” are used interchangeably to mean any type of fence, freestanding wall, retaining wall, screen, or windscreen.

B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height:

Measurement of Fence Height

1. Differential Elevations. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from the lower side.

2. Adjacent Fences. Fences less than 30 inches apart (measured between adjoining faces) shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences 30 inches or more apart shall be considered separate structures and their heights shall be measured independently.

C. Gates and Arches. The height of gates shall conform to the applicable maximum fence height where the gate is located except that decorative elements on gates such as scrolls, finials, and similar features may extend up to one foot above the maximum fence height. In addition, arches or trellises up to eight feet in height and five feet in width may be constructed over a gate if integrated into the fence/gate design, and pilasters may be constructed up to eight feet in height on each side of a gate if integrated into the fence/gate design. For single-family residences, a maximum of two such arches or pairs of pilasters shall be permitted per parcel.

D. Fence Heights for Single-Family Lots. For single-family detached and single-family attached lots, the construction and installation of fences shall conform to the following height limitations:

Maximum Fence Heights for Single-Family Lots

1. Fences Within Side and Rear Setbacks. The maximum fence height shall be six feet within any required side or rear setback area.

2. Fences Within Front Setbacks.

a. Within a front setback area, maximum fence height shall be 42 inches, except as limited by subsection (F) of this section (Required Sight Distances).

b. Where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot (i.e., a “key lot” situation), the maximum fence height shall be six feet.

E. Fence Heights for Multifamily Developments. For multiple-family developments, the maximum fence height shall be 42 inches within 10 feet of any street or alley right-of-way line. In all other locations, the maximum fence height shall be six feet.

F. Required Sight Distances. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances at street intersections, alleys and driveways. Therefore, notwithstanding subsections (C), (D) and (E) of this section, the height of fences, trees, shrubs, and other visual obstructions shall be limited to a maximum height of 30 inches within the triangular area shown in the exhibit.

Fence Height and Required Sight Distances

G. Sound Walls. City- or state-required sound attenuation walls bordering freeways, tollways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and approved by the director.

H. Retaining Walls.

1. Retaining walls up to six feet in height are permitted, provided the wall is landscaped with shrubs or vines with automatic irrigation if it is over 30 inches high and visible from off-site locations.

2. Open railings up to 48 inches high placed on top of a retaining or other wall and required for pedestrian safety may be permitted if an increase in height is approved per subsection (J) of this section.

I. Residential Entry Gates. Per AVMC 15.14.200, vehicle entry gates to residential projects shall not exceed eight feet in height and pedestrian entry gates shall not exceed six feet in height. Gates shall be of open design.

J. Increases in Height. Fences higher than the maximums set out in this section, up to a maximum of 10 feet, may be permitted if an exception permit is approved by the director pursuant to AVMC 15.74.070. Applications for fences exceeding 10 feet in height shall be reviewed by the city council as a site development permit, pursuant to AVMC 15.74.020, and shall require a public hearing. In addition to the findings required for approval of all exceptions, the following findings shall also be made in conjunction with approval of a fence height increase:

1. The height and location of the fence as proposed will not result in or create a traffic hazard; and

2. The location, size, design and other characteristics of the fence will not result in a material adverse effect on adjacent residents or their properties, including but not limited to any views available to such residents prior to construction of the proposed fence.

Any application for a fence height increase may be referred by the director to the city council for action if the director determines on a case-by-case basis that the public interest would be better served by such referral.

K. Wall/Fence Articulation. Long straight stretches of wall or fence shall be varied by the use of such design features as offsets (i.e., jogs), open panels (e.g., containing wrought iron) at selected locations, periodic variations in materials, texture, or colors, the inclusion of landscape plantings, and similar measures.

L. Prohibited Fencing. The use of barbed wire, razor wire or electrified fencing materials is prohibited except where required by city, state or federal regulation. The use of chain link fencing is prohibited in residential districts within any front yard area or any area visible from a public street, except for construction sites, wireless facilities, special events and other temporary uses and where otherwise specifically permitted in this code. [Ord. 2012-141 § 16; Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Permitted Encroachments. Encroachments into required setbacks are permitted as follows in residential districts, provided a minimum distance of three feet from all property lines is maintained:

1. Awnings may encroach up to four feet into front and rear yard setbacks and up to three feet into side yard setbacks.

2. Balconies may encroach up to five feet into front and rear yard setbacks and up to three feet into side yard setbacks.

3. Bay windows may encroach up to 30 inches into any yard setback.

4. Chimneys up to seven feet in width may encroach up to two feet into any yard setback.

5. Architectural projections, such as cornices, eaves, and similar elements, may encroach up to three feet into any yard setback.

6. Open porches may encroach up to three feet into any front or rear yard setback. Porches shall not encroach into side yard setbacks.

7. Air conditioning, ventilation and similar equipment may be placed in rear and side yard setbacks. Such equipment is not permitted in front yard setbacks. Existing equipment less than three feet from a property line may be replaced by equipment at the same setback, provided there is no decrease in setback.

8. All of the preceding setback encroachments are also permitted into perimeter setbacks in multifamily projects. [Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. Yard structures are permitted as accessory structures on common residential lots or on residential lots containing a primary residence, subject to the requirements of this section. For purposes of this code, the term “yard structure” means any type of unenclosed structure over 18 inches in height and placed within required yard setbacks, including but not limited to patio covers (attached or detached), gazebos, trellises, freestanding fireplaces, fire pits, barbecues, fountains, play equipment (other than enclosed playhouses), and cantilevered decks.

B. Standards. Yard structures shall conform to the following requirements. Setbacks shall be measured from the edge of the structure, not from supporting members. Height shall be measured at the highest point of the structure.

1. Side and Rear Yards. Yard structures under six feet in height may be located up to a side or rear property line subject to building code and fire code limitations. Yard structures six feet in height or over shall be located at least three feet from any property line and shall not exceed 12 feet in height. Yard structures not within a setback may be constructed up to the district’s maximum structure height set out in AVMC 15.10.030(A), Table 15.10.030.

2. Front Yards. Yard structures in front yards shall not exceed six feet in height, shall be located at least three feet from any property line and shall not be located in the panhandle portion of a panhandle lot.

3. Common Lots. For common lots, yard structures under six feet high may be located up to any property line subject to building or fire code limitations. Yard structures six feet in height or over shall be located at least three feet from any property line and shall not exceed 12 feet in height.

4. Elevated Decks. No deck or viewing area shall be placed on the roof of a yard structure unless an exception permit is approved pursuant to AVMC 15.74.070.

5. Drainage from Roofs. Yard structures shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel.

C. Increase in Height. An increase of up to three feet in height for a yard structure within a setback may be permitted if an exception permit is approved pursuant to AVMC 15.74.070. [Ord. 2015-165 § 4 (Exh. A); Ord. 2012-146 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-136 § 20; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. Storage sheds, playhouses and similar enclosed yard buildings are permitted as accessory structures on common residential lots or on residential lots containing a primary residence, subject to the requirements of this section. For purposes of this code, the term “yard building” means any type of detached enclosed building over 18 inches in height and placed within required yard setbacks, including but not limited to storage sheds, garden sheds and enclosed playhouses. The term does not include attached enclosed patios, sunrooms, service porches or other enclosed rooms attached to the main building. Such rooms shall conform to the same setback and height regulations as the main building.

B. Standards. Yard buildings shall conform to the requirements listed below. Height shall be measured at the highest point of the structure.

1. Side and Rear Yards. Yard buildings under six feet in height may be located up to a side or rear property line subject to building or fire code limitations. Yard buildings six feet in height or over shall be located at least three feet from the property line and shall not exceed eight feet in height. Yard buildings not within a setback may be constructed up to the district’s maximum structure height set out in AVMC 15.10.030(A), Table 15.10.030.

2. Front Yards. Yard buildings in front yards shall not be located closer to the front property line than the front wall of the main building. Height and other restrictions shall be the same as for side and rear yards as set out in subsection (B)(1) of this section.

3. Common Lots. For common lots, yard buildings under six feet high may be located up to any property line subject to building or fire code limitations. Yard buildings six feet in height or over shall be located at least three feet from any property line and shall not exceed eight feet in height.

4. Number and Size. No more than two yard buildings shall be placed on any residential lot. No yard building shall exceed 200 square feet in ground area.

5. Elevated Decks. No deck or viewing area shall be placed on the roof of a yard building unless an exception permit is approved pursuant to AVMC 15.74.070.

6. Drainage from Roofs. Yard buildings shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel.

C. Increase in Height. An increase of up to three feet in height for a yard building within a setback may be permitted if an exception permit is approved pursuant to AVMC 15.74.070. [Ord. 2015-165 § 4 (Exh. A); Ord. 2012-146 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. This section shall apply to bodies of water which are accessory to residential uses. The term “swimming pool” means a pool, spa, whirlpool or other body of water containing or capable of containing water to a depth of at least 18 inches and used for immersion by humans. The term “water feature” means a body of water used for decorative purposes other than human immersion, such as a fountain, fish pond, or waterfall.

B. Standards. Swimming pools and water features are permitted as accessory uses in residential districts subject to the following requirements:

1. Swimming Pool Location. For single-family detached or attached residences, swimming pools shall be located at least three feet, measured from water’s edge, from any side or rear property line. Swimming pools shall not be located within front yard setbacks. Community pools adjacent to common open area may be located up to the property line.

2. Water Feature Height. For single-family detached or attached residences, common areas and community entry features, fountains, waterfalls, slides and similar aboveground water features shall not exceed 12 feet in height.

3. Filter and Heating Equipment. Mechanical pool equipment such as pumps or filters shall be located at least three feet from the side or rear property line. Heating equipment shall be located so that the center of the outlet vent is at least four feet from the side or rear property line. The preceding setbacks shall be observed unless such equipment is placed within a building, underground vault or other enclosure which the director determines provides noise attenuation to less than 45 dBA at the property line. The director may require a report by a qualified professional to support such a determination. In addition, equipment shall be screened from horizontal view of surrounding properties. Such visual screening may consist of fencing, walls or landscape planting.

4. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the city’s building code, state law and other applicable laws and ordinances. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: nuisances, AVMC 8.24.010.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(8) of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a. An efficiency unit, as defined by California Health and Safety Code Section 17958.1; and

b. A manufactured home, as defined by California Health and Safety Code Section 18007.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. “Efficiency kitchen” means a kitchen that includes all of the following:

a. A cooking facility with appliances;

b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:

a. It is no more than 500 square feet of interior livable space in size.

b. It is contained entirely within an existing or proposed single-family structure; an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

e. It includes an efficiency kitchen, as defined in subsection (C)(4) of this section.

6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking or sanitation.

7. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

12. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Applications.

1. An application for an ADU that is subject only to a building permit under subsection (E) of this section shall be submitted to the building division. Site plans, floor plans, and elevations shall be submitted with the application and documents required for submittal to the building division.

2. An application for a development review permit (DRP) under subsection (F) of this section shall be submitted to the planning division. Site plans, floor plans, elevations, a project narrative, draft deed restrictions, and evidence of having given notice to the HOA, if applicable, shall be submitted with the application.

3. Upon receipt of an application for a DRP, the city will provide written notice via email to the applicable HOA on record, if any, that includes the project address and description. Irrespective of this notification requirement, all applications to create an ADU or JADU will be considered and approved ministerially, without discretionary review or a hearing.

E. Approvals – Building Permit Only. If any ADU or JADU complies with each of the general requirements in subsection (G)(1) of this section, it is allowed with only a building permit.

F. Approvals – Development Review Permit (DRP).

1. ADU may be created without both a building permit and a development review permit in compliance with the standards set forth in subsections (H) and (I) of this section.

2. The city may charge a fee to reimburse it for costs incurred in processing DRP permit, including the costs of adopting or amending the city’s ADU ordinance. The DRP permit processing fee is set in accordance with a resolution adopted by the city council.

3. Processing and Timing.

a. Completeness.

i. Determination in 15 Days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.

ii. Incomplete Items. If the city’s determination under subsection (F)(3)(a)(i) of this section is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.

iii. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.

iv. Subsequent Submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

v. Deemed Complete. If the city does not make a timely determination as required by this subsection (F)(3)(a), the application or resubmitted application is deemed complete for the purposes of subsection (F)(3)(a)(viii) of this section.

vi. Appeal of Incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The city council will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

vii. No Discretion or Hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

viii. Deadline to Approve or Deny Ministerial Approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:

(A) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

(B) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

ix. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (F)(3)(a)(viii) of this section.

x. Appeal of Denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The city council will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal. Decisions by the city council are final and shall become effective immediately except as otherwise provided in the approving action and except for actions by ordinance.

xi. Concurrent Review of Demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

G. Classes.

1. Class 1 – Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in subsection (H) of this section, it is allowed in each of the scenarios provided in this subsection (G)(1). An ADU and JADU approved under subsection (G)(1)(a) of this section may be combined with an ADU approved under subsection (G)(1)(b) of this section, and ADUs approved under subsection (G)(1)(c) of this section may be combined with ADUs approved under subsection (G)(1)(d) of this section.

a. Converted on Lot With Single-Family. One ADU as described in this subsection (G)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

ii. Has exterior access that is independent of that for the single-family dwelling; and

iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes;

iv. The maximum size of a detached or attached ADU subject to this subsection (G) is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.

v. The JADU complies with the requirements of Government Code Sections 66333 through 66339.

b. Limited Detached on Lot With Single-Family. One detached, new construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:

i. The side- and rear-yard setbacks are at least four feet.

ii. The total floor area is 800 square feet of livable space or smaller.

iii. The peak height above grade does not exceed the applicable height limit in subsection (H)(2) of this section.

c. Converted on Lot With Multifamily. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (G)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

d. Limited Detached on Lot With Multifamily. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

ii. The peak height above grade does not exceed the applicable height limit provided in subsection (H)(2) of this section.

iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. Class 2 – Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314 through 66322. Except for Class 1 ADUs approved under subsection (G)(1) of this section, all ADUs are subject to the standards set forth in subsections (H) and (I) of this section.

H. General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

1. Zoning.

a. A Class 1 ADU approved under subsection (G)(1) of this section may be created on a lot in a residential or mixed-use zone.

b. A Class 2 ADU approved under subsection (G)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.

a. Except as otherwise provided by subsection (H)(2)(b) or (H)(2)(c) of this section, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story may not exceed 18 feet in height.

d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (H)(2)(d) may not exceed two stories.

e. For purposes of this subsection (H)(2), height shall be measured as defined in the California Building Code.

3. Fire Sprinklers.

a. Fire sprinklers, approved by Orange County Fire Authority (OCFA), are required in an ADU if sprinklers are required in the primary residence when constructed.

b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic System. If the ADU or JADU will connect to on-site wastewater system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy. JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.

a. Exceptions. The owner-occupancy requirement in this subsection (H)(7)(a) does not apply in either of the following situations:

i. The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

ii. The property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

a. The JADU may not be sold separately from the primary dwelling.

b. The JADU is restricted to the approved size and to other attributes allowed by this section.

c. The deed restriction runs with the land and may be enforced against future property owners.

d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the director’s determination consistent with other provisions of this code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Building and Safety.

a. Must Comply With Building Code. Subject to subsection (H)(9)(b) of this section, all ADUs and JADUs must comply with all local building code requirements.

b. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (H)(9)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

10. Certificate of Occupancy Timing.

a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

b. Limited Exception for State-Declared Emergencies. Notwithstanding subsection (H)(10)(a) of this section, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:

i. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

ii. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation.

iii. The ADU has been issued construction permits and has passed all required inspections.

iv. The ADU is not attached to the primary dwelling.

I. Specific DRP Requirements. The following requirements apply only to Class 2 ADUs that require a DRP permit under subsection (G)(2) of this section. This subsection (I) does not apply to Class 1 ADUs or JADUs approved under subsection (G)(1) of this section.

1. Maximum Size.

a. The maximum size of a detached or attached ADU subject to this subsection (I) is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.

b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

c. Application of other development standards in this subsection (I), such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, open space, or the percentage-based size limit in subsection (I)(1)(b) of this section may require the ADU to be less than 800 square feet of interior livable space.

2. Setback. ADUs subject to this subsection (I) shall comply with the following setbacks:

a. Setbacks.

i. ADUs that are subject to this subsection (I) must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection (I) must conform to 25-foot front setbacks, subject to subsection (I)(1)(c) of this section.

ii. No setback is required for an ADU that is subject to this subsection (I) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3. Lot Coverage. No ADU subject to this subsection (I) may cause the total lot coverage of the lot to exceed 75 percent, subject to subsection (I)(1)(c) of this section.

4. Minimum Open Space. For multifamily residential projects, no ADU subject to this subsection (I) may cause the total percentage of open space of the development to fall below 25 percent, subject to subsection (I)(1)(c) of this section.

5. Passageway. No passageway, as defined in subsection (C)(9) of this section, is required for an ADU.

6. Parking.

a. Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined in subsection (C)(12) of this section.

b. Exceptions. No parking under subsection (I)(6)(a) of this section is required in the following situations:

i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) of this section.

ii. The ADU is located within an architecturally and historically significant historic district.

iii. The ADU is part of the proposed or existing primary residence or an accessory structure.

iv. When on-street parking permits are required but not offered to the occupant of the ADU.

v. When there is an established car share vehicle stop located within one block of the ADU.

vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot; provided, that the ADU or the lot satisfies any other criteria listed in subsections (I)(6)(b)(i) through (I)(6)(b)(v) of this section.

c. No Replacement. When a garage, carport, covered parking structure or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

7. Architectural Requirements.

a. The materials and colors of the exterior walls, roof, windows and doors must be the same as those of the primary dwelling.

b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

c. The exterior lighting must be limited to down lights or as otherwise required by the building or fire code.

d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

f. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

g. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize obscure glass, such as frosted, patterned, bubble effect, ribbed, or other similar design.

h. Mechanical equipment may not be placed within four feet of an adjacent property.

8. Allowed Stories. No ADU subject to this subsection (I) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection (H)(2)(d) of this section.

J. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (E) and (F) of this section:

1. Impact Fees.

a. No impact fee is required for a JADU or for an ADU that is less than 750 square feet of interior livable space. For purposes of this subsection (J)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section 17620.

c. Any impact fee that is required for an ADU that is 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

2. Utility Fees.

a. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling may be required.

b. Except as described in subsection (J)(2)(a) of this section, JADUs and converted ADUs on a single-family lot that are created under subsection (G)(1)(a) of this section are not required to have a new or separate utility connection directly between the JADU or the ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this subsection, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.

c. Except as described in subsection (J)(2)(a) of this section, all ADUs not covered by subsection (J)(2)(b) of this section may require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

K. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs and JADUs Constructed Before 2020.

a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

i. The ADU or JADU violates applicable building standards; or

ii. The ADU or JADU does not comply with the state ADU or JADU law or this section.

b. Exceptions.

i. Notwithstanding subsection (K)(2)(a) of this section, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

ii. Subsection (K)(2)(a) of this section does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

L. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (A) through (K) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title. [Ord. 2025-249 § 4 (Exh. A); Ord. 2024-243 § 4 (Exh. A); Ord. 2023-235 § 4 (Exh. A); Ord. 2020-215 § 3 (Exh. A); Ord. 2017-192 § 7].

A. Purpose. This section provides standards and criteria for establishment of guest houses on single-family lots.

B. Planning Director Approval. Guest houses may be constructed on lots containing a single-family detached dwelling subject to the requirements of this section. The planning director shall approve application for a guest house ministerially, without public notice or a public hearing, if the director finds and determines the proposed unit conforms to the provisions of this section. In approving such a unit, the director may impose reasonable conditions to ensure compliance with the provisions of this section. Any action of the director may be appealed to the city council, without notice or public hearing. The scope of such an appeal shall be limited to questions of compliance with the provisions of this section.

C. Standards for Guest Houses. All guest houses shall conform to the following standards:

1. Guest houses shall conform to height, setback, and other zoning code requirements applicable to residential construction in the district in which the property is located. Guest houses shall be architecturally compatible with the main unit.

2. Only one guest house may be established on any lot in addition to the primary residence.

3. The floor area of a guest house shall not exceed 800 square feet.

4. There shall be no kitchen or cooking facilities within a guest house.*

5. No recreational vehicle or other vehicle shall be used as a guest house.

6. A guest house shall be used only by the occupants of the main residence, their nonpaying guests, or domestic employees. The guest house shall not be rented or otherwise occupied independently from the main residence.

D. Deed Restriction. Prior to issuance of a building permit, a deed restriction shall be recorded against the property to prohibit the use or conversion of the guest house to a rental unit, to a unit for sale, or to add a kitchen or cooking facility. [Ord. 2012-146 § 3 (Exh. A); Ord. 2011-136 § 21; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

*A room or portion of a room in a structure used or designed to be used for cooking or the preparation of food. The installation of a cooking appliance, whether a stove, range, microwave, toaster oven or other cooking appliance, plus a sink with running water constitutes a kitchen within this definition.

A. Purpose. This section provides standards and criteria for the placement, design, and construction of manufactured, modular, and mobilehomes in residential districts consistent with California Government Code Section 65852.3 et seq., as amended or superseded.

B. Definition. For the purposes of this code, the terms “manufactured home,” “modular home” and “mobilehome” shall mean a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended or superseded.

C. Individual Manufactured Homes. In accordance with California Government Code Section 65852.3 et seq. (as amended or superseded), an individual manufactured home may be permitted as a permanent dwelling on single-family lots within the RL and RM districts provided: (1) the unit conforms to all standards of the applicable zoning district; (2) the unit is placed on a permanent foundation system; and (3) the unit’s roof overhang or eaves are a minimum of 16 inches. Otherwise, the design and development standards for manufactured homes shall be the same as those imposed on single-family homes under this code.

D. Mobilehome Parks. In accordance with California Government Code Section 65852.7 (as amended or superseded), mobilehome parks are permitted in all residential districts provided, (1) the development conforms to all standards of the applicable zoning district, and (2) a conditional use permit is approved. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: design standards, Chapter 15.62 AVMC.

Landscaping and open area in residential districts shall conform to the numerical standards of AVMC 15.10.030 and the design standards of AVMC 15.62.060. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: water efficient landscape regulations, Chapter 7.30 AVMC; nuisances, AVMC 8.24.010; subdivision landscaping and screening, AVMC 14.10.150; parking facility landscaping, AVMC 15.38.090; fire hazard regulations, AVMC 15.50.010.

Screening of equipment and facilities in residential districts shall conform to the same provisions as nonresidential projects as set out in AVMC 15.62.080. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: screening of gas stations abutting residentially zoned properties, AVMC 15.22.210; loading facility screening, AVMC 15.38.100; wireless communications facility screening, AVMC 15.42.050.

Outdoor lighting in residential districts shall conform to the provisions of AVMC 15.62.070. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Special outdoor events in residential areas shall be regulated by the provisions of Chapter 11.05 AVMC. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Purpose. The regulations set out in this section are provided so that certain incidental and accessory home occupation uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood.

B. Use and Development Standards. In addition to the development standards and other requirements for each residential district, the following standards shall apply to the establishment and operation of home occupations:

1. The establishment and conduct of a home occupation shall be incidental and accessory and shall not change the principal residential character or use of the dwelling unit involved.

2. Only residents of the dwelling unit may participate in the home occupation.

3. A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage, provided no garage space required for off-street parking is used. The home occupation shall not occupy more than 15 percent of the combined floor area of the house and garage.

4. There shall be no signs, outdoor storage, parked vehicles, or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics.

5. Electrical or mechanical equipment which creates interference in radio, television or telephone transmission or reception or causes fluctuations in line voltage outside the dwelling unit is prohibited.

6. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use.

7. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, other than by mail or parcel service, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located.

8. Medical, dental, massage or other service occupations in which patrons are seen in the home are prohibited. [Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Purpose. The purpose of this section is to provide standards for the establishment and operation of child day care homes (also referred to as “family day care homes”) within residential districts consistent with California Health and Safety Code Division 2, Chapters 3.4 and 3.6, as amended or superseded.

B. Licenses. All state and other required licenses shall be maintained in good standing for operation of any child day care home in the city and all such homes shall be operated in compliance with all applicable state and local health and safety regulations.

C. Small Child Day Care Homes. Small child day care homes are permitted in the RL and RM districts without approval of a discretionary permit. Small child day care homes may provide care for six or fewer children. However, per state law, such small child day care homes may provide care for up to eight children without an additional adult attendant if all of the following conditions are met:

1. At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.

2. No more than two infants are cared for during any time when more than six children are cared for.

3. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to eight children in the home at one time.

4. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

D. Large Child Day Care Homes.

1. Where Permitted. Large child day care homes are permitted in the RL and RM districts provided an administrative use permit is approved by the planning director. Such a permit shall be approved if the director finds that the requirements of this section are met.

2. Number of Children. Large child day care homes may provide care for seven to 12 children. However, per state law, such large family day care homes may provide care for up to and including 14 children if all of the following conditions are met:

a. At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.

b. No more than three infants are cared for during any time when more than 12 children are cared for.

c. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to 13 or 14 children in the home at one time.

d. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

3. Minimum Separation Between Facilities. No large child day care home shall be approved on a parcel which is within 1,500 feet of another parcel which either already contains such a home or which has a valid permit for such a home, unless the applicant can demonstrate to the satisfaction of the director that a need exists for a particular service not provided by the existing large family day care located within 1,500 feet of the proposed large family day care.

4. Parking and Drop-Off. One off-street parking space shall be provided for each nonresident employee working at the large family day care home in addition to the required parking for the dwelling. The employee space(s) may be a tandem driveway space of minimum nine feet by 19 feet provided the space is kept clear and available for parking purposes. In addition, a drop-off/pick-up area, such as a driveway area or adjacent curb space, shall be provided so that children may be safely loaded and unloaded from vehicles. Instructions given and conditions imposed by the director pertaining to traffic and parking matters in conjunction with the operation of the large family day care home shall be furnished by the applicant to all persons placing children at the large family day care home.

5. Fire Extinguisher. The large family day care home shall contain a fire extinguisher and smoke detector devices and meet all standards established by the State Fire Marshal.

6. Outdoor Play Areas. All outdoor play areas shall be fully enclosed by a fence of minimum five feet in height which conforms to the standards of AVMC 15.14.030, Fences and walls. No such play area shall be provided where fences are limited to less than five feet in height.

7. Outdoor Play Hours. Outdoor activities shall be limited to between the hours of 7:30 a.m. and 7:00 p.m.

8. Noise. Noise from a large family day care home shall not exceed the ambient noise standards associated with a single-family residence as specified in AVMC 15.46.010, Noise standards.

9. Signs. No signs shall be permitted on or off the site. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Prohibition. Short-term rental uses such as transient bed and breakfast, hostel, hotel, inn, lodging, motel, resort and other transient lodging uses for remuneration are prohibited in all residential districts, except as otherwise permitted by the municipal code.

B. Liability and Enforcement. Any property owner, tenant, subtenant, occupant, person acting as agent, real estate broker, real estate agent, property manager, reservation service or otherwise who arranges or negotiates for the short-term use of residential property in violation of the provisions of this section shall be liable pursuant to the provisions of Chapter 1.06 AVMC. [Ord. 2015-166 § 4].

A. Temporary Use Permit Required. The temporary placement of a trailer, recreational vehicle or other relocatable building, or the temporary use of a permanent structure on an active construction or grading site to serve as a construction and/or guard office may be permitted subject to approval of a temporary use permit pursuant to AVMC 15.74.050 and the following requirements:

1. Any temporary use and/or structure shall be removed from the site within 30 days after issuance of a certificate of occupancy for the last new building on the site.

2. Any permanent structure or portion thereof devoted to a temporary use shall be demolished or converted to a permanent permitted use within 30 days after issuance of a certificate of occupancy for the last new building on the site.

3. Any materials and equipment storage yard associated with a construction or guard office shall be removed from the site within 30 days after issuance of a certificate of occupancy for the last new building on the site.

4. Additional requirements imposed as conditions of the temporary use permit in order to ensure public safety and the mitigation of visual, traffic and other impacts. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Temporary Use Permit Required. Temporary model home complexes and real estate sales offices may be established subject to approval of a temporary use permit pursuant to AVMC 15.74.050 and the following requirements:

1. The complex is used solely for the original sale of new homes or the first rental of apartments in projects of four or more units.

2. The complex is located within the portion of the project for which it is established. The temporary sales office shall be located at least 100 feet from an existing dwelling unit which is not a part of the new project.

3. The following structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved temporary use permit:

a. Model homes, garages and accessory structures which conform to the zoning regulations applicable to the properties that are being sold.

b. Recreational facilities that will become a permanent portion of the project in compliance with the zoning regulations applicable to the properties that are being sold.

c. Permanent streets and driveways that will be part of the project after the closure of the real estate office use.

d. Temporary sales office buildings, landscaping and children’s playgrounds, temporary and permanent fencing pursuant to AVMC 15.14.030, walks, and amenities.

e. Temporary vehicle parking and maneuvering areas to provide off-street parking.

B. Sales Office Location. Notwithstanding other provisions of this code, the parcel on which a temporary real estate office is established is not required to be a conforming building site provided the parcel is precisely described.

C. Signs. Signs for temporary model home complexes shall conform to Chapter 15.34 AVMC, Signs. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Trash enclosures in residential districts shall conform to the same provisions as for nonresidential projects as set out in AVMC 15.62.080. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: solid waste disposal, Chapter 7.05 AVMC.

A. Site Development Permit. Establishment of gate-guarded entries for existing neighborhoods and new developments in the city requires city council approval of a site development permit. Any person desiring to establish a gate-guarded entry, whether manned or automated, shall submit a detailed gate-guarded neighborhood plan to the planning department for initial review. The plan shall provide the required information and satisfy standards as set out in this section. The plan shall not be processed until the director has determined that all required information has been submitted with the plan application.

B. Existing Entries Exempt. Replacement and maintenance of existing gates, fences, guard houses and other entry features are not subject to the requirements of this section.

C. Required Information. The neighborhood plan submitted by the proponents of a gate-guarded entry shall include the following:

1. Evidence of Identifiable Area to Be Served. A proposed gate-guarded neighborhood submitted pursuant to this section shall present evidence demonstrating that the control gates will serve a well-defined neighborhood.

2. Evidence of Neighborhood Support. For existing neighborhoods, the following evidence of resident support shall be required. The applicant’s submission shall include a survey showing majority support for the concept. At a minimum, signatures of 51 percent of the owners of property within the neighborhood evidencing written support for the plan shall be submitted by the applicant and utilized by the city in determining whether there is majority support for the plan, with each buildable lot or dwelling unit to be tabulated as one vote. This criterion shall not apply to new development.

3. Utility/Public Facility Coordination. The plan shall show the layout of adjacent utility and/or public facilities. Any facilities which are in conflict with the proposed gate system shall be relocated at the applicant’s expense.

4. Access by Services. The applicant submitting the plan shall provide written evidence from the service provider that all maintenance services, e.g., trash pick-up and street cleaning, will be maintained after the installation of the gated entry.

D. Design and Access Standards. Plans for establishment of a gate-guarded neighborhood shall incorporate the following design and access standards:

1. Emergency Access Provisions. The plan shall provide for the installation of an override system as prescribed by the city for emergency access. The system shall be approved by the Orange County fire authority and the police chief.

2. Entry Bypass Provisions. If the gate operates by way of a telephone system, a ring-through feature shall be provided so that cars waiting at the gate entrance will not cause waiting or queuing problems should a telephone line be in use, or a pull-out area outside of traffic lanes shall be provided to allow telephoning without blocking access.

3. Gate Setback. The setback of all gates shall be approved by the city engineer. The setback shall be evaluated by considering the number of dwelling units within a gated neighborhood, internal and external traffic patterns, number of gated entries, the number of lanes at each entry point, type of gate control at each entry and type of street from which access is being taken.

4. Turnaround. There shall be a minimum 38-foot radius turnaround area located on the public street side of the gate to ensure unrestricted access to and from the gate area and public street system. This required turnaround area may include a rolled curb and sidewalk provided there are no obstructions to vehicles on the sidewalk. This requirement shall be treated as a general standard which may be modified based upon site and public health and safety considerations at the sole discretion of the city.

5. Height of Gates. Vehicle entry gates shall not exceed eight feet in height and pedestrian entry gates shall not exceed six feet in height. Gates shall be of open design and height limits shall be exclusive of any decorative elements such as scrolls, finials or similar features, which may extend up to one foot above the maximum fence height.

6. Water and Other Entry Features. Decorative water features such as fountains and waterfalls shall not exceed 12 feet in height. Guard houses and covered entries shall not exceed 12 feet in height. Other entry features, such as bollards, shall not exceed six feet in height. Entry area lighting shall conform to the provisions of AVMC 15.14.130.

7. Access to Public Facilities. The design of the gated-entry system shall not result in the blockage or inhibition of access by the public to public or quasi-public facilities, whether existing or planned, such as parks, schools, hiking and biking, and equestrian trails, etc., which serve more of the community than the proposed gated neighborhood.

8. Review by City Staff and Fire Authority. The gate design plan shall be reviewed by the city engineer and planning director, who will forward recommendations to the city council regarding safety, function and aesthetics. The plan shall also be referred to the fire authority staff for its review and recommendations prior to a decision on the site development permit.

E. Exceptions to Design Standards. Notwithstanding the standards set out in subsection (D) of this section, the city council may approve exceptions to one or more of the design standards pursuant to the procedures of AVMC 15.74.070 if it finds that:

1. Unique physical features, including but not limited to the size of the neighborhood, justify an exception to one or more of the design standards; and

2. The exception will not create a material adverse impact to surrounding properties nor any health or safety hazard. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: gated residential communities, Chapter 7.20 AVMC; design standards, Chapter 15.62 AVMC.

A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code Section 65852.21.

B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Owners.

a. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).

b. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.

2. An application for a two-unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this code for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the community development director, without discretionary review.

2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.

a. The lot is not located on a site that is any of the following:

i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

ii. A wetland.

iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

iv. A hazardous waste site that has not been cleared for residential use.

v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

vi. Within a 100-year flood hazard area, unless the site has either:

(ia) Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(ib) Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.

vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.

viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

ix. Habitat for protected species.

x. Land under conservation easement.

b. The purpose of subsection (E)(3)(a) of this section is merely to summarize the requirements of Government Code Sections 65913.4(a)(6)(B) through (K). (See Government Code Section 66411.7(a)(3)(C).)

c. The applicant must provide evidence that the requirements of Government Code Sections 65913.4(a)(6)(B) through (K) are satisfied.

4. No Impact on Protected Housing.

a. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

i. Housing that is income-restricted for households of moderate, low, or very low income.

ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

iii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060 through 7060.7) at any time in the 15 years prior to submission of the two-unit project application.

iv. Housing that has been occupied by a tenant in the last three years.

b. As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (E)(4)(a) of this section is satisfied.

i. The sworn statement must state that:

(ia) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

(ib) No housing that is subject to any form of rent or price control will be demolished or altered.

(ic) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

(id) No housing that has been occupied by a tenant in the last three years will be demolished or altered.

c. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

F. Unit Standards.

1. Quantity.

a. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

b. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU ordinance.

2. Unit Size.

a. The total floor area of each primary dwelling built that is developed under this section must be:

i. Less than or equal to 800 square feet; and

ii. More than 500 square feet.

b. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

c. A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

3. Height Restrictions.

a. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

b. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

4. Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

5. Lot Coverage. The maximum lot coverage is 75 percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

6. Setbacks.

a. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

b. Exceptions. Notwithstanding subsection (F)(6)(a) of this subsection:

i. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

ii. Eight Hundred Square Feet – Four-Foot Side and Rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

c. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 10 feet from the front property lines. The front setback area must:

i. Be kept free from all structures greater than three feet high;

ii. Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

iii. Allow for vehicular and fire safety access to the front structure.

7. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

a. The lot is located within one-half mile walking distance of either:

i. A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or

ii. A site that contains:

(ia) An existing rail or bus rapid transit station,

(ib) A ferry terminal served by either a bus or rail transit service, or

(ic) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

b. The site is located within one block of a car-share vehicle location.

8. Architecture.

a. If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

b. If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

c. All exterior lighting must be limited to down lights.

d. No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

e. If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

9. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every 10 linear feet of exterior wall.

b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

c. All landscaping must be drought tolerant.

d. All landscaping must be from the city’s approved plant list.

10. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

11. Utilities.

a. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

b. Notwithstanding subsection (F)(11)(a) of this section, a primary dwelling unit may have a direct utility connection to an on-site wastewater treatment system in accordance with this subsection and this code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

c. All utilities must be underground.

12. Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.

G. Fire Hazard Mitigation Measures.

1. A lot in a very high fire hazard severity zone must comply with each of the following fire hazard mitigation measures:

a. It must have direct access to a public street right-of-way with a paved street with a width of at least 40 feet. The public street right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

c. All enclosed structures on the site must have fire sprinklers.

d. All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public street right-of-way or of an on-site fire hydrant or standpipe.

e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire authority approved hookups compatible with fire authority standard pump and hose equipment.

2. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire hazard mitigation measures in accordance with this subsection (G). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.

H. Separate Conveyance.

1. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

2. Condominium airspace divisions and common interest developments are not permitted within the lot.

3. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

a. No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

I. Regulation of Uses.

1. Residential-Only. No nonresidential use is permitted on the lot.

2. No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.

3. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

J. Notice of Construction.

1. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

a. Notice that construction has been authorized;

b. The anticipated start and end dates for construction;

c. The hours of construction;

d. Contact information for the project manager (for construction-related complaints); and

e. Contact information for the building and safety department.

2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the city has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

K. Deed Restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following:

1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

2. Expressly prohibits any nonresidential use of the lot.

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4. If the lot does not undergo an urban lot split: expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.

5. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

L. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Government Code Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (a) inconsistency with the zoning ordinance or general plan land use designation, or (b) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

M. Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.

N. Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The city may:

a. Bring an action to enjoin any attempt to sell, lease, or finance the property.

b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

d. Record a notice of violation.

e. Withhold any or all future permits and approvals.

f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code. [Ord. 2022-225 § 3 (Exh. A); Ord. 2022-224 § 3 (Exh. A)].

Cross-references: buildings and construction, AVMC Title 13; residential condominium conversions, Chapter 15.54 AVMC; affordable housing incentives, Chapter 15.58 AVMC; housing and reasonable accommodation, Chapter 15.66 AVMC.

A. Purpose and Intent. The purpose and intent of the nonresidential zoning districts is to provide for a range of business and commercial land uses to support the needs of residents, visitors and the city’s workforce consistent with the plans and policies of the general plan land use and other elements.

B. Nonresidential Districts. The purpose of each nonresidential district is as follows:

1. Town Center Commercial (CT) District. To provide for large-scale community and regional-serving commercial uses located in the city’s town center consistent with the general plan commercial town center designation. The Aliso Viejo town center is a mixed use center intended to function as the community’s urban core, central business district and community shopping area. Examples of permitted uses include community retail and commercial services, offices, theaters, art galleries and entertainment facilities, hotels/motels and restaurants, and recreation and community facilities.

2. Community Commercial (CC) District. To provide for general commercial uses consistent with the general plan community commercial designation. Examples of permitted uses include retail stores, restaurants, lodging, community facilities, personal services, business services, and financial services of a citywide or regional nature.

3. Neighborhood Commercial (CN) District. To provide for local-serving neighborhood commercial uses consistent with the general plan neighborhood commercial designation. The CN district is established to provide for a variety of retail and service needs for nearby neighborhoods. Examples of permitted uses include retail stores, gas stations, personal services, community facilities, medical and professional offices and restaurants.

4. Professional Office (PO) District. To provide for business and professional office complexes consistent with the general plan professional office designation. The PO district is established to provide for the development and maintenance of an optimal environment for moderate intensity professional and administrative office uses and related uses on sites with large landscaped open spaces and off-street parking facilities. Examples of permitted uses include offices, support facilities, and community facilities.

5. Business Park 1 (BP-1) District. To provide business and employment-generating development, including a range of light industrial uses and supporting offices and services consistent with the general plan business park designation. This is a planned business district designed to provide a balanced economic and employment base for the community. Examples of permitted uses include research and development, limited service and retail commercial, offices, and community facilities.

6. Business Park 2 (BP-2) District. To provide for a wide range of industrial, research, manufacturing, storage, and warehouse uses that may not be desirable in the BP-1 district. Performance standards to achieve compatibility with other permitted and conditionally permitted uses may be required through a discretionary permit process. Examples of permitted uses include those uses allowed in the BP-1 district plus “wet” laboratories, major truck distribution facilities, and construction equipment storage.

C. Supplemental Nonresidential Regulations. Regulations for fences and walls, accessory structures, landscaping, screening and other supplemental nonresidential regulations are set out in Chapter 15.22 AVMC. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Development Permits Required. Table 15.18.020 in this section indicates whether a use or structure is permitted within a zoning district. However, in most cases, development to establish a land use requires approval of a site development permit and/or other permits as set out in AVMC 15.74.020.

B. Table of Permitted Uses. Table 15.18.020 specifies those uses and structures which are permitted within each nonresidential district. If a use or structure is not listed as permitted, it is prohibited unless specifically determined to be permitted pursuant to AVMC 15.06.050. The letters in the columns beneath the district designations mean the following:

1. “P” – The use is permitted as a principal use within the district.

2. “A” – The use is permitted only if accessory to the principal use on the site.

3. “C” – The use is permitted as a principal or accessory use if a conditional use permit is approved.

4. “AUP” – The use is permitted as a principal or accessory use if an administrative use permit is approved.

5. “TUP” – The use is permitted on a temporary basis if a temporary use permit is approved.

6. “NP” – The use is not permitted in the district.

Land uses are grouped as follows in the following table:

•    Automotive Uses

•    Dining, Drinking and Entertainment Uses

•    Lodging and Group Care Uses

•    Office, Retail and Service Uses

•    Public, Recreation and Assembly Uses

•    Research, Industrial and Heavy Commercial Uses

•    Accessory Uses

•    Temporary Uses

•    Other Uses

[Ord. 2022-227 § 7; Ord. 2020-218 § 3; Ord. 2018-202 § 3 (Exh. A); Ord. 2018-194 § 4; Ord. 2017-187 § 3; Ord. 2016-181 § 3; Ord. 2015-172 § 3; Ord. 2015-165 § 4 (Exh. A); Ord. 2014-161 § 4 (Exh. A); Ord. 2013-151 § 3 (Exh. A); Ord. 2013-150 § 3 (Exh. A); Ord. 2012-146 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Table of Development Standards. The following table contains development standards for nonresidential districts:

[Ord. 2015-165 § 4 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Single-story buildings shall not exceed 300,000 square feet of total gross floor area. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

The purpose and intent of this chapter is to set out regulations for accessory structures, fences, and other aspects of land use in nonresidential districts and in the OS open space preservation, OR open space recreation and CF community facilities districts. These provisions also apply to the nonresidential portions of specific plan districts in cases where a regulatory topic is not addressed in the specific plan text. These regulations are in addition to those for nonresidential land uses set out in Chapter 15.18 AVMC and land uses in special purpose districts set out in Chapter 15.26 AVMC. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Summary Table. The following table is a summary of supplemental nonresidential regulations in this chapter. In case of conflicts between this table and the applicable section text, the text shall control.

[Ord. 2013-150 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability and Use of Terms. In this section, the terms “fence” and “wall” are used interchangeably to mean any type of fence, freestanding wall, retaining wall, screen, or windscreen.

B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height:

Measurement of Fence Height

1. Differential Elevations. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from either side.

2. Adjacent Fences. Fences less than 30 inches apart (measured between adjoining faces) shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences 30 inches or more apart shall be considered separate structures and their heights shall be measured independently.

C. Maximum Fence Heights. Subject to the provisions of subsections (D) through (G) of this section, the construction and installation of fences shall conform to the following height limitations:

1. Setback Areas Not Adjacent to Streets. In setback areas not adjacent to streets, alleys or driveways, the maximum fence height shall be six feet.

2. Setback Areas Adjacent to Streets, Alleys or Driveways. In setback areas adjacent to streets, alleys or driveways, the maximum fence height shall be six feet, except that the maximum height shall be 42 inches within the first 10 feet of the required setback area measured from the ultimate street right-of-way line.

3. Screening of Storage Areas. For fences screening storage areas pursuant to AVMC 15.22.120, the maximum fence height shall be 10 feet.

4. Temporary Construction Fencing. For temporary construction sites the maximum fence height shall be 10 feet.

5. Gates and Arches. The height of gates shall conform to the applicable maximum fence height where the gate is located, except that decorative elements on gates such as scrolls, finials and similar features may extend up to one foot above the maximum fence height. In addition, arches or trellises up to eight feet in height and five feet in width may be constructed over a gate if integrated into the fence/gate design, and pilasters may be constructed up to eight feet in height on each side of a gate if integrated into the fence/gate design.

D. Required Sight Distances. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances at street intersections, alleys and driveways. Therefore, notwithstanding subsection (C) of this section, the height of fences, trees, shrubs, and other visual obstructions shall be limited to a maximum height of 30 inches within the triangular area shown in the exhibit.

E. Sound Walls. City- or state-required sound attenuation walls bordering freeways, tollways or arterial highways may extend to a height of 15 feet if so recommended by a noise study and provided an exception is approved pursuant to AVMC 15.74.070.

F. Retaining Walls.

1. Retaining walls up to six feet in height are permitted, provided the wall is landscaped with shrubs or vines with automatic irrigation if it is over 30 inches high and visible from any location outside the property.

2. Open railings up to 48 inches high placed on top of a retaining wall and required for pedestrian safety may be permitted if a height exception is approved pursuant to AVMC 15.74.070.

G. Increases in Height. Fences higher than the maximums set out in this section, up to a maximum of 10 feet, may be permitted if an exception permit is approved by the director pursuant to AVMC 15.74.070. Applications for fences exceeding 10 feet in height shall be reviewed by the city council as a site development permit pursuant to AVMC 15.74.020. In addition to the findings required for approval of all exceptions, the following findings shall also be made in conjunction with approval of a fence height increase:

1. The height and location of the fence as proposed will not result in or create a traffic hazard; and

2. The location, size, design and other characteristics of the fence will not result in a material adverse effect on adjacent residents or their properties, including but not limited to any views available to such residents prior to construction of the proposed fence.

Any application for a fence height increase may be referred by the director to the city council for action if the director determines on a case-by-case basis that the public interest would be better served by such referral.

H. Wall/Fence Articulation. Long straight stretches of wall or fence shall be varied by the use of such design features as offsets (i.e., jogs), open panels (e.g., containing wrought iron) at selected locations, periodic variations in materials, texture, or colors, the inclusion of landscape plantings, and similar measures.

I. Prohibited Fencing. The use of barbed wire, razor wire or electrified fencing materials is prohibited except where required by city, state or federal regulation. The use of chain link fencing is prohibited in nonresidential districts within any front yard area or any area visible from a public street except for construction sites, wireless facilities, special events and other temporary uses and where otherwise specifically permitted in this code. [Ord. 2012-141 § 18; Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. Encroachments into required setbacks are permitted as follows in nonresidential districts, provided a minimum distance of three feet from all property lines is maintained:

1. Awnings may encroach up to three feet into any setback.

2. Balconies may encroach up to three feet into any setback.

3. Bay windows may encroach up to three feet into any setback.

4. Chimneys up to seven feet in width may encroach up to two feet into any setback.

5. Architectural projections, such as cornices, eaves, and similar elements, may encroach up to three feet into any setback.

6. Open porches may encroach up to three feet into any setback.

7. Air conditioning, ventilation and similar equipment may be placed in any setback. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. This section applies to any type of unenclosed structure over 18 inches in height and placed within required yard setbacks, including but not limited to patio covers, gazebos, trellises, freestanding fireplaces, fire pits, barbecues, fountains, play equipment (other than enclosed playhouses), and cantilevered decks.

B. Height. Open accessory structures shall not exceed 12 feet in height.

C. Location. Open accessory structures shall be located as follows:

1. Up to any interior property line within the same project; and

2. A minimum of five feet from abutting parcels not within the same project. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. This section applies to any detached accessory building placed within required yard setbacks.

B. Height and Size. Detached accessory buildings shall not exceed 15 feet in height and 500 square feet of ground area per building unless an exception permit is approved pursuant to AVMC 15.74.070.

C. Location. Detached accessory buildings shall be located as follows:

1. Up to any interior property line within the same project; and

2. A minimum of 10 feet from abutting parcels not within the same project. [Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Landscaping and open area in nonresidential districts shall conform to the numerical standards of AVMC 15.18.030 and the design standards of AVMC 15.62.060. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: water efficient landscape regulations, Chapter 7.30 AVMC; nuisances, AVMC 8.24.010; subdivision landscaping and screening, AVMC 14.10.150; parking facility landscaping, AVMC 15.38.090; fire hazard regulations, AVMC 15.50.010.

Screening of equipment and facilities in nonresidential districts shall conform to the provisions of AVMC 15.62.060. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: loading facility screening, AVMC 15.38.100; wireless communications facility screening, AVMC 15.42.050.

Trash enclosures in nonresidential districts shall conform to the provisions of AVMC 15.62.080. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: solid waste disposal, Chapter 7.05 AVMC.

A. Applicability. Recycling collection facilities for the collection of nonhazardous household materials (e.g., cans, bottles, paper, etc.) for recycling purposes, including attended collection centers and reverse vending machines, but excluding donation collection boxes, may be established as an accessory use to an existing primary use in any nonresidential district. All such facilities shall comply with the requirements of this section.

B. Attended Collection Facilities. Attended recycling collection facilities may be permitted in nonresidential districts if an administrative use permit is approved pursuant to AVMC 15.74.040. Such facilities may accommodate nonhazardous recyclable materials collection and packaging for bulk transport only. No reprocessing or recycling of materials into new products shall be permitted. All such facilities shall comply with the following requirements:

1. The facility shall be screened from street view by enclosure within a building or a screened outdoor yard which complies with the screening standards of AVMC 15.22.080.

2. All exterior storage of materials shall be in sturdy containers and the facility shall be secured from unauthorized entry or removal of materials when the facility is closed. Any containers provided for after-hours drop-off shall comply with the standards for drop-off facilities set out in subsection (C) of this section.

3. The facility shall be maintained free of odor, litter and other nuisances at all times.

C. Reverse Vending Machines. Reverse vending machines for the deposit of aluminum cans and other recyclable items may be established as a permitted accessory use in conjunction with an existing nonresidential use which is in compliance with the zoning, building, and fire codes and shall conform to the following requirements:

1. Unattended machines shall be located adjacent to the main building on the site and shall not obstruct pedestrian or vehicular circulation.

2. Machines shall not occupy any parking spaces required by the primary use.

3. Machines shall occupy no more than 50 square feet of floor or ground space per installation, including any protective enclosure, and shall be no more than eight feet in height.

4. Machines shall be clearly signed 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.

5. The installation shall be maintained free of litter and odor at all times. A trash receptacle shall be located adjacent to the machine(s) for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the recycling facility regularly. [Ord. 2017-187 § 4 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: solid waste disposal, Chapter 7.05 AVMC.

A. Purpose. The purpose of this section is to enact and enforce standards for donation collection boxes located within the city limits. Nothing in this section shall preempt or make inapplicable any provision of state or federal law.

B. Definitions. As used in this section, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context:

“Department” means the department of planning services.

“Director” means the director of planning services for the city of Aliso Viejo.

“Donation collection box” or “box” means any metal, plastic, cardboard or wooden box, bin, container, trailer, accessory structure, or similar facility located outside of an enclosed building or in a parking lot or other public place, provided by a person, organization, or collection center for the primary purpose of receiving or storing donated salvageable personal property, including household goods, clothing, textiles, toys, and other similar small items that are left unattended without an on-site operator.

“Operate” means to place, operate, maintain, own or otherwise control a donation collection box.

“Operator” means any person who operates a donation collection box in the city.

“Permit” means a development review permit to place, locate, maintain, or operate a donation collection box within the city.

“Person” means that term as defined in AVMC 1.02.010.

“Property” means the real property on which a donation collection box is operated, maintained, owned, or otherwise controlled.

“Property owner” means the owner of record of the real property on which a donation collection box is operated, maintained, owned, or otherwise controlled.

“Salvageable personal property” does not include recyclable solid waste as defined in AVMC 7.05.010. Furthermore, salvageable personal property shall not include furniture, appliances, musical instruments, or other large items of bulk, nor shall include any biological or organic material, nor any hazardous material.

C. Applicability and Permissible Use.

1. A permit shall be required for any donation collection box installed, constructed, maintained, or located in the city.

2. Nonresidential Zones. Donation collection boxes shall be permitted in the business park-2 (BP-2) and community commercial (CC) zones with a permit, subject to the development standards set forth in subsection (E) of this section.

3. Residential Zones. Donation collection boxes shall not be permitted in any residentially zoned properties.

4. An unattended book donation box for the collection of books only, located at public libraries on city property with the written permission of the city, shall be exempt from this section.

D. Application Requirements. An application for a permit shall be filed with the director on a form provided by the department with a nonrefundable fee in an amount established by resolution of the city council. The application fee shall be used to defray the costs of investigation, report, and related application processing issues. The form must be fully completed and executed and returned to the department. The application shall include the following:

1. Complete operator information including company/organization name, address, telephone number, and e-mail address, and the names, addresses, and e-mail of all the partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a nonpublicly traded corporation applicant, all stockholders owning more than five percent of the stock of a nonpublicly traded corporate applicant, and any other person who is financially interested directly in the ownership or operation of the business, including all aliases;

2. Information pertaining to the applicant’s status with the Secretary of State;

3. The primary contact name, address, telephone number, and e-mail address for all matters related to the donation collection box;

4. Written consent from the property owner or property owner’s agent (with notarized authorization from the owner) for placement of the box on the property, including name, address, telephone number, and e-mail address of property owner or property owner’s agent;

5. Informed consent from the property owner or property owner’s agent acknowledging responsibility and compliance with the provisions of this section;

6. Written acknowledgement by the applicant and property owner or property owner’s agent that in the event the permit is approved, the operator and property owner agree to indemnify and hold the city harmless concerning the city’s approval of the permit, the operation and maintenance of the box, and any other matter relating to the donation collection box, including without limitation the city’s enforcement of this section and the city’s removal of the box in accordance with this section;

7. Name and telephone number of any entity which may share or profit from items collected via the box;

8. The physical address of the property (or the address of the closest building) where the donation collection box is proposed to be located;

9. Details of the box itself, including dimensions, elevations, and details of signage;

10. Scaled plot plan indicating all site improvements and the location of proposed donation collection box;

11. Scaled map demonstrating that the location of the property with the next closest box is outside of the minimum separation requirement, as measured from property line to property line; and

12. If placed within a parking stall(s), a scaled plot plan indicating the number, location, and dimensions of all parking stalls. Additionally, if parking is shared amongst uses, a list of all business names, uses, and parking requirements for each use.

E. Standards and Requirements. It is the intent and design of this section to regulate donation collection boxes to prevent a blighted appearance and ensure the boxes will not have a negative visual impact on the city, to ensure the boxes will not impede or interfere with public access, circulation, and parking, and to ensure that the boxes do not become hazards or nuisances. To that end, donation collection boxes shall be operated in accordance with the following requirements and conditions:

1. Physical Standards.

a. Shall not be more than 82 inches high, 60 inches wide, and 50 inches deep.

b. Shall be fabricated of durable and waterproof materials.

c. Shall not be electrically or hydraulically powered or otherwise mechanized.

d. Shall not become a fixture of the site and shall not be considered an improvement to real property.

2. Locational Standards.

a. Donation collection boxes shall be located within 30 feet of a building entrance.

b. Donation collection boxes shall not be located in, encroach into, or obstruct any of the following:

i. Any required parking spaces or access to any parking;

ii. Pedestrian or ADA pathways;

iii. Emergency access or fire lanes;

iv. Drive aisles and on-site circulation in general;

v. Existing landscaping or landscaped areas;

vi. Trash enclosure area or access to the trash bins/trash enclosures; and

vii. Required setback areas, specifically front and street setbacks.

c. Donation collection boxes shall not be permitted on any unimproved parcel, nor where the principal use of land has been closed or unoccupied for more than 30 days.

d. Donation collection boxes shall be placed on a level, hard (asphalt or concrete) paved, dust-free surface.

e. The location of a donation collection box shall not disrupt or negatively impact any line of sight relating to, but not limited to, the circulation of pedestrians, bicycles, and/or cars in any way as they travel and/or park.

f. A donation collection box cannot be within 500 feet of another donation collection box, as measured from property line to property line, unless the director determines otherwise, as provided in subsection (E)(2)(g) of this section.

g. No more than one donation collection box is permitted per parcel unless documented evidence is submitted to the director that a second box is required due to the volume of items delivered to the site. A donation collection box must be legally operating at a site for at least 90 days in order to establish that a second bin is required. Both boxes shall have the same operator. No fee is required to submit an application for this second box.

h. Donation collection boxes shall provide a minimum 25-foot setback from properties that are residentially zoned or have existing residential uses.

3. Maintenance and Appearance.

a. Donation collection boxes shall be maintained to the satisfaction of the director. This includes maintenance of the box’s condition itself (appearance and wear) and of the box’s immediate area, specifically within a radius of 25 feet around the donation collection box.

b. The donation collection box shall be maintained in good condition and appearance, with no structural damage, holes, or rust, and shall be kept free of graffiti.

c. Donation collection boxes shall not overflow at any time.

d. The site will be kept free from litter and any other undesirable material.

e. Items left outside a donation collection box shall be considered undesirable material and deemed a public nuisance, and may be removed by the city at the property owner’s expense.

f. The box operator and/or property owner or property owner’s agent shall respond within 24 hours of notice from the city to address maintenance issues, including graffiti, vandalism, and damaged boxes, in addition to items left about or overflowing boxes.

g. The box operator shall conduct a pickup at least once a week to ensure that the box is not overflowing and is properly maintained, and that the surrounding area and site are free of litter and any other undesirable material.

h. The box operator and property owner or property owner’s agent shall be responsible for properly disposing of undesirable material in accordance with all city, state, and federal laws, guidelines, and requirements.

4. Signage.

a. The donation collection box shall conspicuously display the name, address, telephone number, e-mail address, and, if available, the Internet web address of the operator of the box.

b. The site shall display a notice stating that no material shall be left outside of a donation collection box in at least two-inch typeface. This notice shall be installed within a radius of 25 feet of the box. The box itself shall also have this notice directly on the box.

c. Donation collection boxes operated by a nonprofit organization shall display their federal tax identification number.

d. Each donation collection box shall be clearly marked to identify the type of material that may be deposited.

e. Each donation collection box shall have a pickup schedule shown or posted directly on the box.

f. No other signage or advertisements shall be allowed on the donation collection box.

g. Each donation collection box shall display the city approved permit number that identifies the box as being properly permitted by the city.

F. Fines and Penalties. Donation collection boxes that violate this section are public nuisances and will be subject to administrative citations with related fines as detailed in Chapter 1.06 AVMC. Daily administrative citations shall continue until either the violation is abated or the donation collection box is removed. Pursuant to California Government Code Section 38773, removal of the donation collection box shall be at the expense of the parcel owner and/or operator. Any boxes removed shall also have any of its related permits revoked.

G. Liability. The operator shall maintain a minimum general liability insurance of $1,000,000 for the duration of the operation of a donation collection box at each site, to cover any claims or losses due to the placement, operation, or maintenance of the donation collection box. Failure of the operator to maintain the required insurance will be grounds for revocation of the operator’s permit.

H. Permit Issuance.

1. The director, or their designee, shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The director’s determination of completeness shall be based on the city’s list of required application contents and any additional information determined by the director to be necessary to determine conformance to all applicable policies and regulations.

2. The applicant shall be notified in writing of any revisions or additional information required and shall submit the requested information to the director within 180 days after the date of the notice. Failure to submit the required information within the 180-day period may be cause for denial.

3. An application for a permit may require that the director or his or her designee perform an on-site inspection of the property before confirming that the request complies with all of the applicable criteria and provisions specified in this section.

4. The director shall issue a permit within 45 days of the city deeming an application complete if all requirements of this section are satisfied. If a permit is not issued, the director will notify the applicant in writing. The notice will set forth the director’s reasons for denial and the procedures for an appeal of the director’s determination.

I. Appeal Process. The director’s determination on the issuance or denial of a permit may be appealed to the city council pursuant to the procedure provided in AVMC 15.70.080.

J. Term of Permit and Renewal of Permit.

1. Unless renewed as described in subsection (J)(2) of this section, each donation collection box permit shall expire and become null and void annually on the anniversary of its date of issuance.

2. A permit shall be renewed annually. The application for renewal must be filed not later than 30 days before the permit expires. The application for renewal shall be upon a form provided by the director and submitted with a renewal fee set by resolution of the city council.

3. The director shall either approve or deny the renewal of a permit within 15 days of receipt of the complete renewal application and payment of the renewal fee. Failure of the director to act upon expiration of the permit shall constitute approval of the renewal of the permit.

4. Prior to expiration of the permit, the operator may voluntarily cancel the permit by notifying the director in writing of the intent to cancel the permit. The permit shall become void upon the director’s receipt of a written notice of intent to cancel the permit.

5. The director shall approve the renewal of a permit if the director finds that no circumstances existed during the term of the permit which would cause a violation to exist, and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. If the director cannot make the required findings, then the permit may be subject to nonrenewal and revocation.

6. If the permit expires and is not renewed, the box(es) must be removed from the property within a maximum of 10 days after expiration of the permit.

K. Transfers. No person to whom a permit has been issued shall transfer, assign or convey such permit to another person. Any purported transfer, assignment, or conveyance shall be deemed null and void.

L. Unpermitted Donation Collection Boxes. It shall be unlawful and declared a public nuisance for any person to operate, maintain, allow another person to operate or maintain, or fail to remove an unpermitted donation collection box. Any person in violation will be subject to civil action and/or criminal prosecution. Each day in which a violation is committed will constitute a new and separate offense. In addition, the operation or maintenance of an unpermitted donation collection box may be abated or summarily abated by the city in any manner by this code or otherwise by law for the abatement of public nuisances. Pursuant to California Government Code Section 38773, all expenses incurred by the city in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance.

M. Severance. If any section, division, subsection or provision of this section or the application thereof to any person, property, organization or circumstance is held invalid, the remainder of the section and the application of such to other persons, properties, organizations or circumstances shall not be affected thereby. [Ord. 2017-187 § 4 (Exh. A)].

Outdoor lighting in nonresidential districts shall conform to the provisions of AVMC 15.62.070. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. This section provides regulations for the permanent outdoor storage and display of merchandise, materials and equipment.

B. Limitations. The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this section.

C. Outdoor Storage. Outdoor storage of equipment and/or materials including vehicle storage other than vehicle sales shall comply with the following requirements:

1. Location. Outdoor storage areas shall not be located within 10 feet of any public street right-of-way, but may be located within other setback areas or where a main building is permitted.

2. Screening. The storage area shall be visually screened from parks and adjacent streets. The screening shall consist of an opaque fence or plant screen between six and 10 feet high which is in compliance with AVMC 15.22.030, Fences and walls. Stored materials shall not be higher than the screening height. The director may approve modification of or relief from these requirements if he or she determines that the stored materials are finished products in transition or are visually screened by means of a structure, container, silo, bin or tank.

D. Outdoor Sales and Display. Outdoor sales and display areas in conjunction with retail stores, except for vehicle sales, shall comply with the following requirements:

1. Location. Sales and display areas may be located only where a main building is permitted by the applicable district regulations.

2. Screening. The sales and display area shall be visually screened from off-site views. The screening shall consist of an opaque fence or plant screen at least five feet high which is in compliance with AVMC 15.22.030, Fences and walls. Chain link fencing is not permitted.

E. Vehicle Sales. In districts where vehicle sales are permitted, the outdoor display and sales of vehicles shall be subject to the approval of a conditional use permit in accordance with AVMC 15.74.040. The use permit shall establish standards for each such facility. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. This section provides regulations for outdoor vendors and outdoor sales events.

B. Outdoor Vendors. Outdoor vendors include flower stands, hotdog stands, ice cream carts, and similar retail uses which utilize a movable or relocatable stand or cart for walk-up sales. Such vendors may be permitted subject to the following provisions:

1. Use Permit Required. An outdoor vendor use may be established where permitted per AVMC 15.18.020 upon approval of an administrative use permit pursuant to AVMC 15.74.040.

2. Location. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation. The location of the outdoor vending use shall not interfere with access to adjacent buildings nor with pedestrian circulation and the use shall not be located on a public sidewalk. In addition, vehicular vending uses shall comply with the locational restrictions imposed by AVMC 9.04.100.

3. Area of Site. The outdoor vending site shall not exceed 150 square feet, including all areas separated from pedestrian access and used for vending activities or storage.

4. Other Permits. The operator/owner shall obtain other necessary licenses and permits required for such activities by city ordinances.

C. Outdoor Sales Events. For the purposes of this section, “outdoor sales event” means the temporary outdoor display and sale by a retail business of merchandise which is normally displayed indoors at the same location as the outdoor sale. Temporary outdoor sales events are permitted subject to issuance of a temporary use permit and compliance with the following provisions:

1. Site Plan. The application for a temporary use permit for an outdoor sales event shall include a site plan to the satisfaction of the planning director indicating the location of the temporary uses and demonstrating maintenance of adequate parking, site circulation and emergency access.

2. Duration. An outdoor sales event may be conducted over a maximum of four consecutive days and no more than once within three calendar months at any location. Each such event shall require the approval of a temporary use permit.

3. Pedestrian Access. Adequate pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway.

4. Vehicle Access. Adequate vehicle access shall be maintained around merchandise, displays, or temporary structures placed in parking areas. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Special outdoor events in nonresidential areas shall be regulated by the provisions of Chapter 11.05 AVMC. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. Temporary Christmas tree lots, Halloween “pumpkin patches,” and seasonal produce stands are permitted subject to approval of a temporary use permit and the provisions of this section.

B. General Requirements. General requirements include:

1. Submission of Application. Because of necessary lead times and appeal periods, applications shall be submitted at least 20 days prior to the requested date of establishment of the temporary use.

2. Permits. The applicant shall secure an electrical permit and other permits as required by the city building division.

3. Fire Safety. Each facility shall comply with fire prevention standards as approved and enforced by the fire marshal.

4. Temporary Residence. The placement and occupancy of a recreation vehicle as a security office or residence for the duration of the temporary use may be permitted if approved as part of the temporary use permit.

5. Parking. Off-street parking and vehicular access shall be provided to the satisfaction of the planning director.

6. Signs. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 24 square feet. Other signs and advertising devices such as but not limited to pennants, flags, and A-frame signs are prohibited.

C. Christmas Tree Lots. Temporary Christmas tree sales lots are permitted subject to approval of a temporary use permit and the following requirements:

1. No Unrelated Merchandise. The sale of any items not directly associated with Christmas trees and Christmas decorations is prohibited.

2. Time Limitations. The Christmas tree lot shall not be established prior to Thanksgiving in any calendar year.

3. Removal. The premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the January 8th following the applicable Christmas holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup.

D. Halloween Pumpkin Patch Lots. Temporary Halloween pumpkin patch lots are permitted subject to approval of a temporary use permit and the following requirements:

1. No Unrelated Merchandise. The sale of any items except pumpkins and other merchandise directly associated with the Halloween holiday is prohibited.

2. Time Limitations. The pumpkin patch lot shall not be established prior to October 1st in any calendar year.

3. Removal. The premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the November 14th following the applicable Halloween holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup.

E. Seasonal Produce Stands. Temporary fresh produce stands selling fruits and vegetables are permitted subject to approval of a temporary use permit and the following requirements:

1. No Unrelated Merchandise. The sale of any items other than fresh produce is prohibited.

2. Time Limitations. A fresh produce stand shall be open for business only during the season when locally grown produce is harvested and available for sale. The temporary use permit for a fresh produce stand shall include permitted dates of operation up to a maximum of 90 days.

3. Removal. The premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the date indicated on the temporary use permit. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. Caretaker residences may be constructed in any nonresidential district for the exclusive use of personnel employed for the maintenance and security of the principal use, subject to approval of an administrative use permit pursuant to AVMC 15.74.040 and the following requirements:

1. Compliance with Setbacks. The caretaker residence shall be located in a building which complies with all building setbacks established for the district in which it is located.

2. Design and Materials. The residence may be a portion of a building primarily devoted to nonresidential uses or may be a separate building. If it is a separate building, the location, design and materials of the residence shall be consistent with the site plan and building design for the principal use.

3. Floor Area. The residence shall be no more than 600 square feet in floor area.

4. Parking Space. A minimum of one off-street parking space shall be provided in addition to the parking required for the principal use(s). [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. The temporary placement of a trailer or relocatable building or the temporary use of a permanent structure on an active construction site as a construction and/or watchman’s office, and the establishment of a temporary materials and equipment storage yard may be permitted subject to approval of a temporary use permit and the following requirements:

1. Placement. No relocatable office unit shall be moved onto the site until issuance of a temporary use permit and all required building and electrical permits.

2. Removal. All temporary units and fencing shall be removed from the site prior to the issuance of certificates of occupancy for the final building constructed on the site. The site of the temporary building shall then be restored to its original condition, paved or surfaced for dust control, landscaped, or otherwise improved in accordance with the approved project plans and/or temporary use permit.

3. Conversion. Any permanent structure or portion of a permanent structure devoted to temporary uses shall be converted to a permitted use prior to the issuance of a certificate of occupancy for the final building to be constructed.

4. Use of Existing Building During Construction. The use of an existing lawfully established building may continue during construction or relocation of another building on the same building site upon approval of a temporary use permit.

5. Fencing. Temporary fencing for the construction site may be chain link or other material and shall not exceed 10 feet in height. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. Child day care centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility:

1. Health and Safety Regulations. All facilities shall be operated in accordance with state and local health, safety, and other regulations.

2. Outdoor Activities. Outdoor activities shall be limited to the hours between 7:30 a.m. and 7:00 p.m.

3. Pick-Up/Drop-Off Area. All facilities shall provide an on-site pick-up/drop-off area. In addition, there shall be an on-site vehicle turnaround or, alternatively, separate vehicle entrance and exit points.

4. Parking, Signs and Lighting. All signs, parking and outdoor lighting shall comply with the applicable regulations set out in Chapters 15.34 and 15.38 AVMC and AVMC 15.22.110, respectively.

5. Development Standards. All facilities shall comply with the development standards of the district in which they are located, as set out in AVMC 15.10.030. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability – General Provisions. Outdoor dining may be permitted as an accessory use subject to the provisions of this section if an administrative use permit is approved in accordance with AVMC 15.74.040.

B. Allowing an Increase in Outdoor Dining Area If an Exception Permit Is Approved. The area devoted to outdoor dining shall not exceed 1,000 square feet and shall be accessory to the main restaurant use. Outdoor dining area may be expanded to a maximum of 40 percent of the indoor floor area of the restaurant if an exception permit is approved pursuant to AVMC 15.74.070.

C. Required Findings. Before approving an application, the decision-making authority shall make the following findings in addition to those required in AVMC 15.74.040:

1. That the proposed outdoor dining is accessory to the eating and drinking establishment;

2. That the accessory outdoor dining area will not result in the reduction of existing parking spaces below that required for the restaurant use.

D. Required Conditions. Approval of an application to add or expand outdoor accessory dining shall include the following conditions:

1. The outdoor dining area shall be subject to the existing hours of operation, operational characteristics and conditions of any use permit applicable to the overall establishment;

2. Amplified live music shall not be permitted outdoors unless an exception permit is approved pursuant to AVMC 15.74.070. Unamplified live music may be permitted if included as part of the outdoor dining administrative use permit;

3. All doors and windows leading to the outdoor dining area shall remain closed while indoor amplified music or live entertainment is being played;

4. Fences, walls, roofs or similar barriers shall serve only to define the outdoor dining area and shall not constitute a permanent all-weather enclosure;

5. Any additional conditions the decision-making authority deems necessary or appropriate to ensure that operation of the outdoor dining area is consistent with the findings made at the time of approval.

E. Notwithstanding subsections (A) through (C) of this section, until January 1, 2024, any legally established restaurant may utilize up to 10 percent of their parking spaces for the establishment of outdoor dining with the approval of a temporary use permit provided measures can be taken to protect the health, safety and welfare of diners and employees. [Ord. 2022-225 § 3 (Exh. A); Ord. 2015-165 § 4 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: feeding nondomesticated animals near outdoor dining areas, Chapter 8.26 AVMC.

A. Purpose. The purpose of this section is to protect the public health and safety for residents and businesses by establishing a set of consistent standards for the safe operation of alcoholic beverage retail outlets. These regulations are intended to prevent alcohol-related problems including, but not limited to, driving under the influence, assaults, public inebriation, littering, loitering, obstruction of pedestrian traffic, noise, traffic violations, illegal parking, and other harmful effects.

B. Use Permit Required. An establishment that engages in the sale of alcoholic beverages for consumption on or off the premises which is required to operate under a license issued by the California Department of Alcohol Beverage Control (“ABC”) may be allowed in any nonresidential district or where permitted by specific plan if a use permit is approved pursuant to AVMC 15.74.040.

C. Who May Apply. For administrative use permits, the applicant may file an application without written consent of the property owner. However, the director shall notify the property owner in writing of the submission of the application at least five days prior to action on the permit.

D. Actions Requiring Use Permit. The following actions shall require an administrative use permit or an amendment to an existing use permit:

1. An application for a new ABC license or any change in the type of existing ABC license.

2. A premises-to-premises transfer of an existing ABC license.

3. Any increase of floor area of 500 square feet or more from what was originally approved by the city or by the ABC.

4. Re-application for an ABC license for an establishment that has had its license revoked, suspended, or has surrendered its license to the ABC, has discontinued use of the license for 30 days, has had its use permit revoked, or has vacated the property.

5. Any request to establish live entertainment in an establishment that requires an ABC license, or any change in the type or hours of operation for entertainment previously approved for an establishment that requires an ABC license.

E. Required Findings. In order to approve a use permit for an alcoholic beverage outlet, the decision-making authority shall find that the proposed use is consistent with the purpose and intent of this section in addition to the findings required in AVMC 15.74.040. In reviewing the required findings, the decision-making authority shall consider the following:

1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the city;

2. The numbers of alcohol-related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts;

3. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools.

4. Whether the permit will result in an overconcentration of alcoholic beverage outlets in the vicinity of the proposed outlet.

F. Expiration, Discontinuance, Revocation and Appeals.

1. Expiration. Any use permit for an alcoholic beverage outlet granted in accordance with the terms of this section shall expire one year from the date of approval unless a license has been issued or transferred by the ABC prior to the expiration date.

2. Time Extension. The decision-making authority may grant a time extension for a use permit for an alcoholic beverage outlet for a period or periods not to exceed 12 months. An application for a time extension shall be made in writing to the planning director no less than 30 days nor more than 90 days prior to the expiration date.

3. Violation of Terms. After holding a duly noticed public hearing pursuant to AVMC 15.70.070, the decision-making authority may revoke a use permit for an alcoholic beverage outlet upon making one or more of the following findings:

a. The permit was issued on the basis of erroneous or misleading information or misrepresentation;

b. The terms or conditions of approval of the permit have been violated or other laws or regulations have been violated;

c. The establishment for which the permit was issued has had or is having an adverse impact on the health, safety or welfare of the neighborhood or the general public;

d. There is a violation of or failure to maintain a valid ABC license or the establishment otherwise has failed to fully comply with all the rules, regulations and orders of the ABC.

4. Revocation. Procedures for revocation shall be as set out in AVMC 15.74.120.

5. Appeals. Procedures for appeals shall be as set out in AVMC 15.70.080. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: alcoholic beverages warning signs, Chapter 7.10 AVMC, Article III.

A. Use Permit Required. Gas and service stations may be permitted where allowed pursuant to AVMC 15.18.020 subject to approval of a conditional use permit and the use and design standards of this section. All uses to be placed on the service station site (e.g., mini-market, sale of alcoholic beverages, etc.) must be specifically included in the conditional use permit approval.

B. Permitted Uses. Permitted uses at gas stations include: the sale of petroleum products including fuel, oil, related automotive accessories and smog checks. Accessory uses which may be allowed if specifically permitted in the conditional use permit include car washing, automated or full service, minor auto repair, fast food, frozen yogurt and similar food sales, and the sale of convenience items such as bread, milk, beverages and sundries. The sale of alcoholic beverages, for off-site consumption only, shall be regulated by AVMC 15.22.200. All retail uses except petroleum dispensing shall occur within a building and all service uses shall occur in a specific location designated in the approved conditional use permit.

C. Signs. Gas station signage shall conform to the provisions of Chapter 15.34 AVMC.

D. Design Standards.

1. Storage and Display. All merchandise shall be stored and/or displayed within an enclosed building.

2. Screening. An opaque screen at least five feet in height shall be installed along all site boundaries which abut residentially zoned properties. Screening along all street boundaries shall be provided except at driveways and shall be between 24 and 36 inches in height, including any site elevation difference. Screening shall consist of walls, earthen berms, landscaping or any combination thereof. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: alcoholic beverages warning signs, Chapter 7.10 AVMC, Article III; residential screening of equipment and facilities, AVMC 15.14.120; design standards, Chapter 15.62 AVMC.

A. Purpose. The purpose of this section is to provide reasonable regulations for the development of health facilities and outpatient medical uses as defined in Chapter 15.94 AVMC.

B. Development and Operational Standards. The following development and operational standards shall apply to health facilities:

1. State Law. All health facilities shall comply with the provisions of state law.

2. Municipal and Building Codes. All health facilities shall comply with the provisions of the City of Aliso Viejo Municipal Code and California Building Codes.

3. Minimum Lot Size. The minimum lot size shall be three acres upon initial development following the effective date of the ordinance codified in this section.

4. Building Height and Floor Area Ratio. The building height and floor area ratio shall conform to the limits of the zoning district.

5. Separation of Uses. In addition to the setbacks identified in the zoning district, a minimum distance of 300 feet from the building shall be required from other health facility buildings. Additionally, a minimum distance of 300 feet from the building shall be required from any building used for residential use, public or private K-12 school, religious institutions and from properties used as public or private parks. Reversely, any new residential use, public or private park, public or private K-12 school, church or other religious institution shall not be located within 300 feet on an existing health facility.

6. Parking, Landscaping and All Other Standards. Landscaping and all other development standards shall conform to the limits of the municipal code.

7. Operational Plan. An operational plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the director. At a minimum, the plan shall include facility rules and procedures referencing the following operational provisions; however, the director can determine on a case-by-case basis if any of the provisions are not applicable to the particular health facility use:

a. Compliance with admitted and discharged patient transportation protocols required by California and federal law, including a description of measures aimed at minimizing the discharge of patients/clients without a place of residence;

b. Description of staff training required for the facility; and

c. A “good neighbor policy,” which includes a written protocol for the on-site management to follow when a complaint is received from surrounding businesses and residents.

8. Security Plan. A security plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the director. At a minimum, the plan shall include measures for maintaining a safe environment within and outside the facility; however, the director can determine on a case-by-case basis if any of the provisions are nonapplicable to the health facility:

a. An emergency alert system in common areas and each unit/room to notify the on-site staff that assistance is needed;

b. Interior and exterior cameras with archive of footage; and

c. Posting and enforcement of “no loitering” signs. The number and location of signs is subject to the discretion of the director.

9. No smoking shall occur on the property, unless in an approved and designated location.

10. All business activities shall be conducted indoors.

11. For all group activities, there shall be a minimum break of at least 15 minutes between the end of one session and the beginning of the next, except that no minimum separation is required for group activities occurring as a block of programs for the same individuals. For purposes of this subsection, a “block program” means a group or series of services provided in succession to patients within a three-hour period.

12. Permitting. A conditional use permit shall be required for health facilities located in the health facilities and outpatient medical uses overlay district. All other outpatient medical uses shall be permitted by right in the health facilities and outpatient medical uses overlay district, subject to subsection (C) of this section for outpatient medical uses, large.

13. Any health facility legally established or entitled as of the date of the ordinance codified in this section shall be considered legal nonconforming.

C. Development and Operational Standards. Outpatient medical uses are permitted in the health facilities and outpatient medical uses overlay district. The following development and operational standards shall apply to outpatient medical uses, large, with six or more persons receiving treatment at a given time:

1. State Law. All large outpatient medical uses shall comply with the provisions of state law, including licensing.

2. Municipal and Building Codes. All large outpatient medical uses shall comply with the provisions of the City of Aliso Viejo Municipal Code and California Building Codes.

3. Building Height and Floor Area Ratio. The building height and floor area ratio shall conform to the limits of the zoning district.

4. Parking, Landscaping and All Other Standards. Prior to the issuance of a certificate of use and occupancy, a parking study that complies with AVMC 15.38.140(C) shall be provided for review and approval by the director. If the director determines, in his or her reasonable discretion, that the parking is inadequate, no certificate of use and occupancy shall be issued until the parking plan has been revised to the director’s satisfaction.

5. Operational Plan. An operational plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the director. At a minimum, the plan shall include facility rules and procedures; compliance with applicable local, state and federal laws, discharged patient transportation protocols; staff training; and a “good neighbor policy,” which includes a written protocol for the on-site management to follow when a complaint is received from surrounding businesses and residents.

6. Security Plan. A security plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the director. At a minimum, the plan shall include measures for maintaining a safe environment within and outside the facility; the use of cameras and storage of related footage and the posting of the “no loitering” signs;

7. No smoking shall occur on the property, unless in an approved and designated location.

8. All business activities shall be conducted indoors.

9. For all group activities, there shall be a minimum break of at least 15 minutes between the end of one session and the beginning of the next, except that no minimum separation is required for group activities occurring as a block of programs for the same individuals. For purposes of this subsection, a “block program” means a group or series of services provided in succession to patients within a three-hour period.

10. Any large outpatient medical use established or entitled as of the date of the ordinance codified in this section shall be considered legal nonconforming.

11. Modifications to an operational or security plan shall be considered by the director and acted upon in his or her discretion of whether such modifications will be detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. [Ord. 2018-202 § 3 (Exh. A)].

Cross-reference: buildings and construction, AVMC Title 13.

A. Purpose of Districts. The purpose of each special purpose district is as follows:

1. Community Facilities (CF) District. To provide for public, quasi-public, and private community uses to serve the needs of residents, visitors, property owners, and workers in the city. Examples of permitted land uses include civic buildings, schools, hospitals, cultural venues, and similar uses.

2. Open Space Recreation (OR) District. To provide for a range of public and private uses to meet the recreation needs of city residents and visitors. The recreation district permits a wide range of public and private passive and active recreational uses. Recreation district land uses include outdoor athletic facilities, public parks and similar uses.

3. Open Space Preservation (OS) District. To preserve and protect open space areas for the purpose of passive recreation, visual enhancement and resource conservation, and to protect the public health and safety by limiting the use and development of land subject to flooding, landslides and other hazards.

4. Specific Plan (SP), Coastal Zone Overlay (CZ), and Mixed Use/Residential (MU/R) Overlay Districts. As set out in AVMC 15.26.040, 15.26.050, and 15.26.060 respectively.

B. Supplemental Regulations.

1. Residential and Nonresidential. For the residential portions of the SP and CZ districts, regulations governing fences and walls, accessory structures and similar matters shall be as set out in Chapter 15.14 AVMC, Supplemental Residential Regulations. For the CF, OR and OS districts and the nonresidential portions of the SP and CZ districts, such regulations shall be as set out in Chapter 15.22 AVMC, Supplemental Nonresidential Regulations.

2. Exceptions Regarding Fences. Notwithstanding the preceding supplemental regulations, the following exceptions regarding fences shall apply in the CF, OR and OS districts:

a. Fence Height. Fences in setback areas may be up to a height of 20 feet. Fences over 20 feet in height shall require approval of an exception permit pursuant to AVMC 15.74.070.

b. Chain Link Fencing. Chain link fencing is permitted for playfields and governmental facilities and is not subject to the prohibition of chain link fencing in AVMC 15.22.030(I), Prohibited Fencing. [Ord. 2014-159 § 2 (Exh. A); Ord. 2012-146 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Development Permits Required. Table 15.26.020 in this section specifies whether a use or structure is permitted within a zoning district. In most cases, development to establish a land use requires approval of a site development permit and/or other permits as set out in Chapter 15.74 AVMC.

B. Specific Plan and Coastal Zone Overlay Permitted Uses. Per AVMC 15.26.040 and 15.26.050, the permitted uses within the specific plan district shall be as set out in the text and diagrams of the specific plan itself, and the permitted uses in the coastal zone overlay district shall be the same as those in the underlying base district. Therefore, permitted uses for the specific plan and coastal zone overlay districts are not included in Table 15.26.020.

C. Table of Permitted Uses. Table 15.26.020 specifies those uses and structures which are permitted within special purpose districts. If a use or structure is not listed as permitted, it is prohibited unless specifically determined to be permitted in accordance with AVMC 15.06.050. The letters in the columns beneath the district designations mean the following:

1. “P” – The use is permitted as a principal use within the district.

2. “A” – The use is permitted only if accessory to the principal use on the site.

3. “C” – The use is permitted as a principal or accessory use if a conditional use permit is approved.

4. “AUP” – The use is permitted as a principal or accessory use if an administrative use permit is approved.

5. “TUP” – The use is permitted on a temporary basis if a temporary use permit is approved.

6. “NP” – The use is not permitted in the district.

[Ord. 2018-202 § 3 (Exh. A); Ord. 2018-199 § 4; Ord. 2017-187 § 5; Ord. 2016-181 § 4; Ord. 2015-172 § 4; Ord. 2012-146 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Table of Development Standards. The following table sets out development standards for special purpose districts.

B. Supplemental Regulations. Regulations governing fences and walls, accessory structures and similar matters for zoning districts covered in this chapter shall be as set out in Chapter 15.22 AVMC, Supplemental Nonresidential Regulations.

[Ord. 2012-146 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Authority and Purpose. In accordance with the provisions of California Government Code Section 65450 et seq. (as amended or superseded), the city council may direct that specific plans be prepared for any or all parts of the city which may in the council’s judgment be required for the systematic implementation of the general plan. The purpose of a specific plan shall be to establish a bridge between the implementing policies of the general plan and actual development in a defined area by providing a flexible planning and regulatory framework for high-quality development design.

B. Adoption and Amendment. Review, adoption and amendment of specific plans shall be in accordance with the procedures set out in Chapter 15.78 AVMC.

C. Contents. A specific plan shall include a text and a diagram or diagrams which specify all of the following in detail:

1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.

2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

4. A program of implementation measures, including regulations, programs, public works projects and financing mechanisms necessary to implement the plans described in subsections (C)(1), (2) and (3) of this section.

5. A statement of the relationship of the specific plan to the general plan.

6. Such other measures as may be required to support the implementation of the general plan.

D. Specific Plan as a Base District. When the specific plan district is applied as a base district, all land use and development within the district shall be in compliance with the provisions of the designated specific plan. To indicate such a specific plan on the official zoning map, the “SP” symbol shall be followed by a number to indicate that specific plan which applies to the area (e.g., “SP-1” means Specific Plan Number 1).

E. Specific Plan as an Overlay District. The specific plan district may also be applied as an overlay district in combination with an underlying base district. In this case, the specific plan regulations shall apply only to the land uses and types of development indicated in the specific plan. To indicate the combined district on the zoning map, the SP overlay designation shall follow that of the base district (e.g., “CT/SP-1”). In cases where the specific plan regulations differ from the provisions of the base district, the provisions of the specific plan shall control.

F. Previously Adopted Specific Plans. Specific plans adopted prior to the effective date of the ordinance codified in this zoning code are listed following. All land use and development within the boundaries of these specific plans, as shown on the official zoning map, shall be subject to the specific plan’s provisions.

1. Vantis.

2. The Commons at Aliso Town Center.

3. Glenwood at Aliso Viejo.

4. Ventana Ridge.

All specific plans shall be made available for public examination at the city’s planning department. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Authority and Purpose. Per the provisions of California Public Resources Code Section 30000 et seq. as amended or superseded, the California coastal zone is a distinct and valuable natural resource which must be protected and maintained and to this end, it is necessary to rely on local government and local land use planning procedures and enforcement. The purpose of the CZ coastal zone overlay district is to serve the above goals by preserving and protecting coastal resources lying within the coastal zone in Aliso Viejo.

B. CZ as an Overlay District. The CZ district is an overlay district which shall be used in combination with an underlying base district. Land use and development in the CZ district shall be subject to the regulations of this section. In cases where the CZ regulations of this section differ from the provisions of the base district, the provisions of the CZ district shall control. To indicate the combined district on the zoning map, the overlay designation shall follow that of the base district (e.g., “RL/CZ”).

C. Coastal Development Permit Required. Approval of a coastal development permit shall be required for all development in the CZ overlay district pursuant to AVMC 15.74.030, except for the following:

1. Individual single-family dwellings on existing single-family lots and alterations to single-family dwellings or associated accessory structures, unless a coastal development permit is otherwise required by applicable permit condition of approval.

2. Improvements on existing developed common lots owned by a homeowners’ association.

3. Temporary uses which require a temporary use permit per AVMC 15.74.050.

4. Improvements to or repair or maintenance of existing structures.

5. The replacement of any structure destroyed by natural disaster, provided such replacement structure conforms to applicable current zoning regulations, is designed and intended for the same use as the destroyed structure, does not exceed the floor area, height or bulk of the destroyed structure by more than 10 percent, and is sited in the same location on the same building site as the destroyed structure.

6. The installation, testing and placement in service or the replacement of any utility connection between an existing service facility and existing development.

7. Projects normally requiring a coastal development permit but which are undertaken by a public agency, public utility or person performing a public service as an emergency measure(s) to protect life and property from imminent danger or to restore, repair or maintain public works, utilities and services during and immediately following a natural disaster or serious accident.

Notwithstanding the preceding exemptions, other discretionary and/or ministerial permits may still be required for the preceding types of construction in accordance with this code.

D. Permitted Uses. Permitted land uses in the CZ district shall be as indicated for the underlying base district, except that any use or development determined by the planning director to be in conflict with the general plan or other city policies relating to coastal protection shall not be permitted.

E. Development Standards. In addition to the development standards for the base zoning district, the following standards shall apply to all development within the CZ district:

1. Environmentally Sensitive Habitat Areas.

a. Environmentally sensitive habitat areas and areas within the CZ designated as “NCCP (Natural Community Conservation Plan) Habitat Reserve” in the general plan conservation/open space element shall be protected against any significant disruption of habitat values.

b. For development adjacent to an environmentally sensitive habitat area (ESHA), the city may require submission of a biological assessment. Such a biological assessment shall include, at a minimum, a survey of the types and quantities of sensitive species present in the ESHA, the impacts of the development on the ESHA, alternatives to the development, and mitigation measures for unavoidable impacts on the ESHA resulting from the development. Evaluations of the development’s impact on the ESHA shall be sought from appropriate state and federal resources agencies.

c. Fuel Modification. Fuel modification within environmentally sensitive habitat areas shall be minimized to the extent feasible. Fuel modification plans shall, where feasible, employ selective thinning by hand rather than mass clear-cutting within environmentally sensitive habitat areas.

2. Grading. Grading activity shall be conducted in a manner that minimizes landform alteration and erosion and ensures geologic stability and structural integrity.

a. Landform Alteration.

i. Manmade slopes shall be designed so that they can be conveniently maintained so as to minimize erosion, slope failure and unsightly conditions.

ii. Manmade slopes shall be designed to resemble natural terrain where feasible, with a minimum of long, flat, inclined plane surfaces and acute angles.

b. Erosion Control. Appropriate mitigation measures shall be employed to minimize erosion, including but not limited to prompt revegetation of graded areas with similar types of vegetation which existed on site prior to the commencement of grading activities, and avoidance of grading during the rainy season from October 15th through April 15th. Where any lot is designed in such a manner that it will not drain with a minimum one percent grade directly to a street or common drainage facility, it shall be designed in a manner that will conform to the following criteria:

i. Lots shall be designed in such a manner that manmade slopes are not subject to sheet flow or concentrated runoff from either the same or an adjacent lot. All slopes shall be protected from surface runoff by berms, interceptor ditches or similar measures.

ii. All water flowing off manmade slopes shall be constrained within an approved drainage device.

3. Water Quality. All drainage facilities shall be designed to carry surface runoff to the nearest street or storm drain practicable as approved by the city and/or other appropriate governmental agency as the proper disposition of such waters. Where feasible, structural and nonstructural best management practices including, but not limited to, first flush diversion, detention/retention basins, infiltration trenches/basins, porous pavement, oil/grease separators, street sweeping, grass swales, and other measures as may be required by state water quality agencies, shall be implemented. All drainage improvements intended or required to convey storm runoff shall be designed and installed or constructed in accordance with the applicable National Pollutant Discharge Elimination System requirements. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: stormwater management, Chapter 7.35 AVMC; storm drains, Chapter 7.40 AVMC; grading and excavation code, Chapter 13.08 AVMC; fire hazard regulations, AVMC 15.50.010; subdivision fire protection, AVMC 14.10.160.

A. Purpose of District. The purpose of the MU/R mixed use/residential overlay district is to provide for a combination of residential and nonresidential uses within a parcel.

B. MU/R as an Overlay District. The MU/R district is an overlay district which shall be used in combination with underlying base districts. Land use and development, permitted uses, and development standards for residential development in the MU/R overlay district shall be subject to the regulations in the residential very high density district (RVH), unless specified by another special zoning symbol or by a PRD overlay established in Chapter 15.10 AVMC. Land use and development, permitted uses, and development standards for nonresidential development in the MU/R overlay district shall be subject to the regulations in the base zone. [Ord. 2024-239 § 4; Ord. 2014-159 § 2 (Exh. A)].

For purposes of this code, the maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane directly above the building site. The imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height.

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

Architectural features not containing usable floor space, such as chimneys, towers, gables, and spires, are permitted to extend up to five feet above the maximum structure height set out in AVMC 15.10.030, 15.18.030 and 15.26.030. The aggregate floor or “footprint” area of such architectural features shall encompass no more than five percent of the ground floor area of the building. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Flagpoles may be permitted up to a height of 35 feet in residential districts and 50 feet in nonresidential districts. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

The height of park and playfield lights shall conform to the provisions of AVMC 15.22.110, Outdoor lighting. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Structures up to 50 Feet. Notwithstanding any lower height limits set out for the applicable zone, structures up to a height of 50 feet may be approved in conjunction with approval of an exception permit pursuant to AVMC 15.74.070 provided the decision-making authority makes the following finding in addition to those required for the exception approval:

The increased height will not create adverse visual impacts due to abrupt changes in vertical scale between the affected structure(s) and other nearby buildings or public spaces.

B. Structures above 50 Feet. Notwithstanding any lower height limits set out for the applicable zone, structures over a height of 50 feet may be approved in conjunction with approval of a specific plan or conditional use permit provided the decision-making authority makes all of the following findings in addition to those required for the specific plan or conditional use permit approval:

1. The increased height will result in more open space in the affected project or specific plan area than would be the case under the basic height limit;

2. The increased height will result in a more desirable architectural and site design for the affected project or specific plan area than would be the case under the basic height limit;

3. The increased height will not create adverse visual impacts due to abrupt changes in vertical scale between the affected structure(s) and other nearby buildings or public spaces. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].