A. Statement. The purpose of this chapter is to establish standards for the uniform regulation of signs and sign structures in order to maintain and improve the quality of the visual environment within the city while providing for the effective identification of businesses and other activities. The procedures and regulations of this chapter are intended to:

1. Ensure that signs erected within the city are compatible with their surroundings and are in keeping with the goals and objectives of the general plan.

2. Aid in the identification of properties, land uses and businesses.

3. Promote commerce, traffic safety, and community identity while also promoting and enhancing the quality of the visual environment of the city.

4. Protect and enhance property values.

5. Lessen the objectionable effects of competition in the placement and size of signs.

6. Reduce hazards to motorists and pedestrians.

7. Avoid visual clutter.

8. Provide procedures and standards to control the location, size, type, number, and all other matters pertaining to signs within the city. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

The planning director is hereby authorized and directed to enforce all provisions of this chapter in accordance with the enforcement provisions of the municipal code. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.030].

After the adoption of this chapter, the director may conduct an inventory and identification of all illegal or abandoned signs within the city.

The city may impose reasonable fees upon all owners or lessees of on-premises business advertising displays for the purpose of covering its actual costs of inventorying and identifying illegal or abandoned advertising displays within the city. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.040].

A. Every illegal or abandoned sign identified in the inventory required by AVMC 15.34.030 and every illegal or abandoned sign hereafter identified shall be deemed to constitute a public nuisance.

B. The director is authorized to abate all illegal or abandoned signs pursuant to the procedures set out in this code and applicable provisions of the California Business and Professions Code.

C. An illegal sign posted in the public right-of-way or upon public property may be removed by the director or by a city code enforcement officer. Such a sign shall be retained at City Hall for a period of not less than three working days, during which time the sign may be retrieved by the sign owner upon the payment of a fee established by resolution of the city council to cover the city’s cost of removal and retention of such signs. Thereafter, any unclaimed signs shall be destroyed or discarded. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.050].

Cross-reference: nuisances, AVMC 8.24.010.

A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Notwithstanding the foregoing, a violation may be prosecuted through the civil citation procedures set out in this municipal code.

B. Each day a violation of this chapter is committed or continues is a separate offense. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.060].

Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.

A. Permitted Permanent Signs. Permanent signs may be permitted pursuant to the permit procedures set out in this chapter and shall be governed by the standards set out for each category of sign. In addition to such standards, consideration shall be given to building setbacks, landscaping, visibility of the sign on the site, and the proposed sign’s relationship to the overall appearance of the property and to the surrounding neighborhood. Compatible design, simplicity, and readability shall also be used as guidelines for sign approval. In calculating the total number and square footage of signs permitted, both commercial and noncommercial signs shall be counted.

B. Permission of Property Owner Required. No person shall erect or cause to be erected any sign upon the property of another without the express written approval of the owner of such property. All such signs shall comply with the size and square footage limitations contained within this chapter and shall be removed promptly upon the request of the property owner or occupant.

C. No Off-Premises Signs. All signs shall be located on the same premises as the land use or activity identified by the sign unless expressly permitted to be off-premises in this chapter.

D. Rules on Sign Placement.

1. Signs and Rights-of-Way. Unless expressly permitted in this chapter or by sign exception, freestanding signs shall not be located: (a) within, over, or across a public right-of-way; (b) within five feet of a street right-of-way or (c) within a corner cutoff area identified in AVMC 15.14.030 and 15.22.030.

2. Safety and Traffic Flow. No sign shall be located in such a manner as to obstruct free and clear vision and flow of pedestrian and vehicular traffic as illustrated in AVMC 15.14.030(F) and 15.22.030(D).

3. Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules promulgated by agencies of the state or by the applicable public utility.

E. Maintenance Required. All signs permitted pursuant to this chapter shall be maintained in good repair, functioning properly, and free from all defects, including, but not limited to, cracking, rusting, and peeling. Signs not so maintained shall be deemed a public nuisance and may be abated pursuant to the applicable provisions of this municipal code.

F. Electrical Code and Exposed Conduits. All electrical signs shall be listed by Underwriters Laboratories (UL) or other recognized testing agency and shall be installed in accordance with the installation instructions and with the California Electrical Code adopted by the city. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2012-146 § 3 (Exh. A); Ord. 2011-136 §§ 22, 23; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.070].

Cross-references: nuisances, AVMC 8.24.010; adoption of California Electrical Code, AVMC 13.02.010; sight distances at residential intersections, alleys and driveways, AVMC 15.14.030; sight distances at nonresidential intersections, alleys and driveways, AVMC 15.22.030.

A. Sign Permit Required. A sign permit shall be required prior to the placement, movement, erection, reconstruction, alteration or display of any sign permitted pursuant to this chapter unless expressly exempted by this chapter. All signs, except where expressly exempt, shall conform to the current California Building and Electrical Codes as adopted by the city of Aliso Viejo.

B. Sign Permit Applications. Applications for sign permits shall be filed with the planning department on forms prescribed by the planning director, together with: (1) all maps, plans, documents and other materials required by the director, and (2) all required fees and deposits per Chapter 15.90 AVMC. The director shall provide the necessary forms plus written filing instructions specifying all application materials required to any requesting person at no charge. Sign permits may be combined with associated building or electrical permit forms.

C. Sign Permit Review. Sign permits shall be reviewed ministerially by the planning director pursuant to AVMC 15.70.030. However, the director may refer the permit application to the city council for review if the director determines on a case-by-case basis that the public interest would be served by such referral. Such referrals shall be made within 10 days of determination that the sign permit application is complete pursuant to subsection (B) of this section. Actions by the director may be appealed pursuant to AVMC 15.70.080. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2012-146 § 3 (Exh. A); Ord. 2012-141 § 19; Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.080].

A. Purpose. The purpose of a master sign program is to encourage creative, coordinated, innovative, and attractive sign design for residential, commercial, office, industrial, and business park projects.

B. Modified Standards. In order to serve the purposes set out in subsection (A) of this section, signs in an approved master sign program may deviate from the standards set out in this chapter, provided all requirements of this section are satisfied, except for prohibited signs.

C. Applicability and Review Authority. In order to serve the purposes set out in subsection (A) of this section, sign programs shall be required when expressly provided in this chapter or when required by an existing master sign program. In addition, owners of existing or future planned development projects may apply for approval of a master sign program pursuant to this section. Master sign programs shall be approved by the director, unless otherwise specified in this chapter. The director may refer the application to the city council if the director determines on a case-by-case basis that the public interest would be served by such referral.

D. Submission Requirements. In addition to the requirements of AVMC 15.34.070 (Sign permits), applications for master sign programs and for additions or modifications to master sign programs shall include the following materials:

1. A letter from the property owner and property management or property owner association approving the permit and/or master sign program and authorizing the applicant, if the applicant is not the owner, to submit the master sign program application on behalf of the owner.

2. A site plan showing the footprint of all buildings. The site plan shall include a vicinity map, the location of adjacent streets, the location of all proposed signs, and the location of existing signs on the site and their dimensions and square footages.

3. Drawings and/or sketches indicating the exterior surface details of structures on the site.

4. Building elevations with height dimensions, depicting accurately dimensioned signs.

5. Color drawings to scale, indicating the sign copy size, method of illumination, height, sign area and location of all identification signs, both freestanding and building-mounted.

6. Incidental signs, such as directional and traffic control signs, directory signs, address signs, etc., including size, location and design of each such sign.

7. A written set of design standards approved by the property owner and property management or property owner association.

8. A list of signs that would be prohibited by the master sign program.

9. A refundable cash bond, deposit or equivalent acceptable to the director of administrative services in an amount established by resolution of the city council, to ensure that construction is completed according to approved plans. Final inspection approval shall include installed landscaping where required.

10. Such other information as the director reasonably deems necessary to determine compliance with the provisions of this chapter.

E. Required Findings. The following findings shall be made by the decision-making authority prior to the approval of any master sign program or any master sign program amendment:

1. Common Theme. The signage follows a common theme, incorporating similar design elements in terms of materials, letter style, colors, illumination, sign type, and sign shape.

2. Materials, Colors and Design. The signage utilizes materials, colors, and design which reflect and are consistent with the architecture of the buildings.

3. Effective Identification. The signage provides effective identification of the applicable land use(s) to patrons and the general public.

4. Consistency with General Plan. The master sign program or master sign program amendment is consistent with the goals, policies and objectives of the general plan and any applicable specific plan.

5. Consistency with Zoning Code. The master sign program or master sign program amendment conforms to the zoning code and any applicable specific plan.

6. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

7. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

F. Removal of Nonconforming Signs. For sites with existing signs, a schedule for bringing such signs into conformance with the approved sign program may become part of the approval. A cash bond may be required to guarantee the removal of nonconforming signs.

G. Amendments. Any additions or modifications to an existing master sign program shall be considered as an application to amend an adopted master sign program. As part of the application, the director may require any and all of the submittal requirements as listed in subsection (D) (Submission Requirements) of this section.

H. Previously Approved Master Sign Programs. Master sign programs approved by the city or by the county of Orange prior to the effective date of this zoning code shall remain valid and in effect for signs covered under such programs provided the signs conform to the program’s standards. Any future modifications may be approved by the director through the master sign program amendment process. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2014-161 § 4 (Exh. A); Ord. 2012-141 § 20; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.100].

A. Continuation of Nonconforming Signs. A nonconforming sign is any permanent or temporary sign which was legally established and maintained in conformance with the provisions of all applicable laws in effect at the time of original installation, but which does not comply with the provisions of this chapter. Such nonconforming signs may be continued and maintained subject to AVMC 15.86.020(B), provided:

1. The sign is properly maintained and does not constitute a danger to the public; and

2. The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this chapter.

B. Applicability and Rules. The provisions of this section shall apply to all nonconforming signs. In addition to all other applicable provisions of this chapter, a nonconforming sign shall not be:

1. Changed to another nonconforming sign or replaced by the same nonconforming sign.

2. Structurally or electrically expanded or structurally altered unless such alteration is designed to and does bring the sign into full conformance with all current provisions of this chapter, or increases energy efficiency.

3. Relocated on the same site or to any other property.

4. Reestablished after discontinuance of use for 90 days or more.

5. Reestablished after damage or destruction of more than 50 percent of the replacement value of the sign prior to said damage or destruction.

C. Off-Site Signs. Every off-site sign becoming nonconforming as a result of the adoption of this chapter must be removed in accordance with the Outdoor Advertising Act (California Business and Professions Code Section 5200 et seq.), within five years, unless a longer period of time is deemed necessary as determined by the director based upon the cost of the sign, its depreciated value, remaining useful life, remaining length of leases, and harm to the public if the nonconforming sign remains. The amortization period may be administratively appealed as provided for in AVMC 15.34.110. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.110].

A. Rules. Sign area shall be determined as follows:

1. Distinct Border or Boundary. For signs with a distinct border or boundary, the sign area shall be computed as the entire surface within the border, boundary, sign board, or sign face.

2. No Distinct Border or Boundary. For signs with no distinct border or boundary, the sign area shall be calculated by a simple rectilinear figure which contains all of the lettering or illustration on such sign.

3. Double-Sided Sign. The sign area of signs which have two identical faces, arranged back to back in parallel planes, shall be computed for one side only.

4. Multiple-Sided Sign. The sign area of signs which have more than one side but are not consistent with the standards for double-sided signs have a sign area equal to the sum of all sides. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.120].

Appeals on decisions pertaining to the provisions of this chapter shall be processed pursuant to the provisions of AVMC 15.70.080. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2012-141 § 21; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.130].

A. Permitted Signs. Signs identified in the following table are permitted in nonresidential districts and in the nonresidential portions of specific plan and mixed-use developments subject to approval of a sign permit pursuant to AVMC 15.34.070:

[Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2015-165 § 4 (Exh. A); Ord. 2012-146 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.140].

A. Permitted Signs. Signs identified in the following table are permitted in residential districts and in the residential portions of specific plan and mixed use developments subject to approval of a sign permit pursuant to AVMC 15.34.070:

[Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.150].

A. Permitted Signs. Temporary signs may be permitted throughout the city pursuant to this section. Such temporary signs shall require a sign permit in accordance with AVMC 15.34.070 unless exempt from permit requirements pursuant to AVMC 15.34.150. Banner signs and signs in the public right-of-way are prohibited unless expressly permitted in the following table:

[Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2011-136 § 24; Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.160].

A. Applicability. The signs listed in the following table are permitted without a sign permit, nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of: (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this chapter or of any other law or ordinance. Exempt signs shall not be placed within any public right-of-way unless expressly permitted in this chapter.

B. Exempt Small Commercial Real Estate Signs. Temporary real estate signs, including building-mounted and freestanding signs advertising the sale, lease, or rental of nonresidential property, are exempt from sign permit requirements subject to the following provisions:

1. Signs shall not exceed four square feet in area and a height of four feet if freestanding.

2. Signs shall be removed within 24 hours of the close of escrow or execution of lease.

3. No flags or balloons shall be displayed.

4. No rider shall be attached to the sign.

5. No more than one sign per available lease space or unit shall be permitted in single-story building, but in no case shall such signs be permitted above the ground floor in multistory buildings.

C. Exempt Residential Real Estate and Directional Signs.

1. Sale and Lease Signs. Temporary real estate signs, including freestanding and building-mounted signs, advertising the sale, lease, or rental of residential property, are exempt from sign permit requirements subject to the following provisions:

a. Such signs shall not exceed four square feet in area, and a height of four feet if freestanding, with the exception of single-family detached residences where colonial signs up to six feet in height shall be permitted.

b. Such signs shall be removed within 24 hours after close of escrow, lease, or rent.

c. No flags or balloons shall be displayed.

d. A rider not exceeding six inches in height by 24 inches in length or eight inches in height by 18 inches in length may be attached to the top of the sign.

e. Such signs shall be placed so that they do not obscure fire hydrants, traffic signs or traffic signals, block motorists’ line of sight, or otherwise inhibit or interfere with vehicular or pedestrian traffic.

f. No part of any sign shall be within three feet of the back of sidewalk, but in no event shall a sign be within three feet of the lot line.

g. Such signs shall be placed at the immediate entrance of the subject residential unit, with the exception of single-family detached residences, where such signs shall be placed only in the front yard of the subject property. Only one sign per available lease space or residential unit shall be permitted.

2. Directional Signs. Temporary off-site open house directional signs shall be permitted in residential districts subject to the following:

a. Signs shall not be permitted on public sidewalks, streets or medians, but may be placed in public parkways outside of the first two feet of the parkway. In addition, an owner of real property or his/her agent may display the sign on real property owned by another with that owner’s prior consent.

b. Signs shall not exceed four square feet in area, and a height of three feet, including the vertical post.

c. Signs are only permitted to be posted during the time an owner or owner’s agent is on the premises and the premises are open for viewing.

d. The signs shall be installed no earlier than 8:00 a.m. and removed no later than sunset.

e. The signs shall not be installed in a manner which creates a hazard to traffic or pedestrians.

f. No flags, pennants, balloons, A-frames, or other attention-attracting devices shall be displayed.

g. Up to two signs may be placed at an intersection.

h. The maximum number of signs per event shall be six. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.170].

Any sign permitted pursuant to this chapter may be used for the display of an ideological, political or other noncommercial message; provided, that in no event shall the height, length, character, or total square footage of the sign exceed that permitted by this chapter. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.180].

A. Prohibited Signs. Unless expressly permitted elsewhere in this chapter, the following signs are prohibited in the city:

1. Any off-premises sign or sign advertising a business not on the property upon which the sign is placed.

2. Billboards or outdoor advertising signs.

3. Any sign that encroaches upon any public property or within any public right-of-way.

4. Flashing, animated or pulsating signs, laser lighting or searchlights.

5. Signs which conflict with or imitate any traffic control device due to color, wording, design, location or illumination, or which interfere with the safe and efficient flow of vehicular and/or pedestrian traffic.

6. Signs which emit sound, odor, or visible matter.

7. Rotating signs or other signs with mechanical movement.

8. Roof signs.

9. Projecting signs, unless approved as part of a master sign program.

10. Pole signs.

11. Signs oriented toward a freeway unless approved pursuant to AVMC 15.34.120.

12. Human signs which: (a) display, offer for sale or vending or otherwise make available any goods and/or products; or (b) are used to attract attention to a commercial premises.

13. Banners, flags and pennants, unless expressly permitted pursuant to this chapter or otherwise approved in a master sign program.

14. Balloons, kites, streamers, spinners, festoons, windsocks, valances, or other such advertising devices or displays.

15. Inflated signs, animals or other figures, or other inflatable displays, whether tethered or not.

16. Signs which constitute a nuisance or hazard due to their light intensity.

17. Abandoned Signs. Such signs shall be abated pursuant to AVMC 15.34.040.

18. Neon signs or other neon lighting displays inside or outside a building visible from streets, parking areas or site boundaries, unless expressly permitted pursuant to this chapter or approved as part of a master sign program.

19. Window signs, except as expressly permitted pursuant to this chapter or as required by law.

20. Off-site garage or yard sale signs, circulars, posters or other such sign or displays unless permitted by a special event permit pursuant to Chapter 11.05 AVMC.

21. Any sign outlined with individual light bulbs or strings of lights.

22. Portable signs and sandwich board signs (including A-frame signs), unless approved as part of a master sign program, but in no event shall be visible from a public right-of-way.

23. Signs which are closer to overhead utility lines or utility structures than the minimum distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility.

24. Signs installed, relocated, or maintained in a manner which prevents free ingress to or egress from any door, except those signs required by the municipal code.

25. Painted wall signs, unless approved by the city council as part of a master sign program or specific plan.

26. Advertising statuary, unless approved by the city council as part of a master sign program or specific plan.

27. Any sign affixed to any vehicle or trailer on a public right-of-way or public property, unless the vehicle or trailer is being used in its normal business capacity and not for the sole purpose of attracting people to a place of business. All such vehicles used as part of a normal business activity shall be stored on private property. This prohibition is not intended to prohibit typical business identification lettered on a motor vehicle or construction trailer.

B. Enforcement. Any person who erects or causes to be erected any prohibited sign without express approval by the city is subject to the enforcement provisions of the municipal code. [Ord. 2019-209 § 3 (Exhs. A, B); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.34.190].

Cross-references: graffiti removal, Chapter 8.14 AVMC; advertising on parked vehicles, Chapter 9.08 AVMC; newsrack regulations, Chapter 10.02 AVMC.

A. Purpose. Off-street parking is required for all land uses in accordance with this chapter. These regulations are intended to: (1) provide for the demand for off-street parking generated by the various land uses in the city; (2) ensure the health, safety and welfare of the public by ensuring safe access to homes and businesses; and (3) provide for properly designed parking facilities with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety.

B. Applicability. Off-street vehicle parking requirements shall be determined and provided in accordance with this chapter when a building is constructed or a use established or changed. [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Alternative Parking Standards. The number of parking spaces required for each land use pursuant to AVMC 15.38.030 and 15.38.040 shall be provided unless the city decision-making authority determines that an alternative standard is more applicable pursuant to the procedures of AVMC 15.38.120 and 15.38.140, as applicable.

B. Land Uses Not Listed. If no provisions for the required number of off-street parking spaces are set out in Table 15.38.030 or 15.38.040, the decision-making authority for the applicable use or project shall determine the number of parking spaces required.

C. Increase in Required Spaces. The required number of parking spaces for a use shall be increased in accordance with the parking ratios in this chapter if an existing building is expanded or dwelling units or guest rooms are added, or if a use is intensified by the addition of floor space or seating capacity or is changed to a use requiring additional parking.

D. Fractional Parking Spaces. Whenever the computation of the number of off-street parking spaces required by this chapter results in a fractional parking space, one additional parking space shall be required for one-half or more fractional parking space, and any fractional space less than one-half of a parking space shall not be counted.

E. Electric Charging Stations. Spaces with provision for electric vehicle charging shall be credited toward the off-street parking requirements of this chapter. [Ord. 2012-146 § 3 (Exh. A); Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Residential land uses shall provide off-street parking in accordance with the following table unless modified per the provisions of AVMC 15.38.020.

[Ord. 2024-237 § 5; Ord. 2018-202 § 3 (Exh. A); Ord. 2017-192 § 4; Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Parking Required. Nonresidential land uses and uses in the special purpose districts (Chapters 15.18 and 15.26 AVMC) shall provide off-street parking in accordance with the following table unless modified per the provisions of AVMC 15.38.120.

B. Bicycle and Motorcycle Parking. In addition to the automobile parking spaces required per this section, bicycle and motorcycle parking shall be provided for certain nonresidential uses in accordance with AVMC 15.38.110.

[Ord. 2018-202 § 3 (Exh. A); Ord. 2015-165 § 4 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Site Development and Grading Permits. Establishment or expansion of off-street parking facilities shall be subject to approval of a site development permit in accordance with AVMC 15.74.020 unless the parking facilities are for single-family detached and single-family attached residences or are part of a previously approved development project. The director may administratively approve off-street parking facilities that are part of a previously approved development project if the director determines that all requirements of this chapter have been satisfied. A grading permit shall also be required unless exempted under the city’s grading code.

B. Site Plan Requirements. A site plan shall be filed with all applications for a parking facility and/or development project site development permit. The plan shall show the off-street parking facilities and the use(s) to be served, together with pedestrian arrangements (including crosswalks, if necessary) connecting them. The plan shall be accompanied by information required to determine parking as required by AVMC 15.38.030 or 15.38.040. [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: grading and excavation code, Chapter 13.08 AVMC.

A. Parking Accessibility.

1. All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully usable and accessible at all times. Violation of this requirement shall be deemed a violation of the discretionary permit authorizing the land use or development served by the parking and shall make the permit subject to revocation pursuant to AVMC 15.74.120.

2. Unless otherwise provided by an approved discretionary permit, no off-street parking spaces required by this chapter shall be converted to another use or leased, rented or otherwise made unavailable to intended users.

3. No required parking spaces shall be used for the display of vehicles for sale unless part of a permitted vehicle sales use.

4. If an area of parking is set aside for park-and-ride use, those spaces shall be in addition to the required parking for the use on the site.

B. Parking Location.

1. Residential Uses. Required parking shall be located on the same parcel as the residential building which the parking serves, except that such parking may be located on an adjacent parcel if all of the following conditions are met:

a. The adjacent parcel is and continues to be under the same ownership as that of the residential building;

b. The parking is located where the construction of garages, carports or shade structures is permitted; and

c. The placement and distribution of required parking spaces are such that for any dwelling unit, the resident’s assigned or reasonably available parking spaces and the nearest designated guest space are no further than 150 feet by walkway to the entry of that dwelling unit.

2. Nonresidential Uses.

a. Required parking shall be located on the same parcel as the use served, unless otherwise approved pursuant to AVMC 15.38.130 and 15.38.140, as applicable.

b. The main entry of all uses served by the required parking spaces shall be no greater than 150 feet from the nearest parking space.

c. Parking spaces within the ultimate right-of-way of a street, either public or private, shall not be credited toward meeting the minimum off-street parking requirements of this chapter. [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Design Alternatives for New Facilities. Proposed modifications to the on-site circulation, landscaping and parking design requirements of this section shall be reviewed pursuant to the provisions of AVMC 15.38.120(A).

B. Modifications to Existing Facilities. No existing parking facility shall be modified with respect to paving, layout, striping, aisle width, numbers or sizes of spaces, street access, or any other physical characteristic without prior review by the planning director. The director shall determine if discretionary review is required for the modification pursuant to Chapters 15.70 and 15.74 AVMC.

C. Parking Lot Surfacing.

1. All parking and maneuvering areas shall be paved with pavers, asphaltic concrete, portland cement concrete or pervious paving material approved by the public works director. The structural section of the pavement and base material shall be commensurate with the anticipated loading and shall be calculated in accordance with the method promulgated by the California Department of Transportation.

2. All parking areas shall be designed and built with positive drainage to an approved drainage conveyance. No design which allows ponding shall be permitted.

3. Paving materials in parking facilities shall not be modified without prior review by the planning director pursuant to subsection (B) of this section.

D. Parking Facility Lighting.

1. All parking lots, parking structures, pedestrian walkways, and loading areas shall be provided with adequate lighting to ensure security and safety and shall conform to the provisions of AVMC 15.22.110.

2. All lighting for parking areas shall be designed to prevent spillover onto neighboring properties.

3. Prior to construction of a parking facility, a lighting plan shall be submitted identifying the type, location and height of proposed lighting fixtures, with an associated photometric analysis showing lighting illumination levels and spillover. The lighting plan shall conform to the provisions of Appendix A of this code and shall be reviewed and approved by the planning director and the police services department prior to issuance of a building permit.

E. Parking Layout and Circulation.

1. Except for single-family detached, single-family attached and townhome residential uses, no parking facility shall be designed so that vehicles are required to back into a public or private street to exit the facility.

2. Tandem parking shall be prohibited except for the following: in mobilehome parks/subdivisions, as driveway guest parking for residential uses with driveways of sufficient length pursuant to this chapter, where valet parking is provided, and where otherwise expressly permitted in this code.

3. Individual wheel stops are prohibited in surface parking lots unless an exception permit is approved pursuant to AVMC 15.74.070. All parking bays within parking lots shall be bordered by continuous curbs to serve as wheel stops for perimeter spaces. Individual wheel stops shall not be permitted in lieu of such curbs.

4. All driveways, accessways and parking aisles shall be designed for positive drainage. If an inverted crown is proposed for a driveway, accessway or aisle, the center portion shall be a ribbon gutter of portland cement concrete rather than asphaltic concrete unless an alternative design is approved by the public works director.

5. Parking lot layouts shall provide a clear hierarchy of major access drives (connecting the parking area to the public street), fire lanes, loading areas, minor drives, parking bay maneuvering areas, etc. Parking shall be arranged so as to avoid backing out into major access drives.

6. In order to avoid dead-end aisles, parking bays with 10 spaces or more shall connect with other parking bays or drive aisles or shall provide a turnaround area at the end of the bay.

7. Driveways shall be located a minimum of 300 feet from the intersection of two public streets unless the public works director determines on a case-by-case basis that, due to unusual traffic conditions and/or street configuration, a shorter distance will achieve the same purpose in terms of traffic safety and access and the driveway location(s) is approved by the decision-making authority.

8. Joint entry driveways for adjacent land uses are encouraged and shall be arranged to allow parking lot maneuvering from one establishment to another without requiring exit to the street. Properties sharing such joint access shall maintain agreements which permit reciprocal driveway connections across property lines.

9. Parking Lot Interconnections. The decision-making authority may require the parking and circulation layouts of adjoining developments to be coordinated and interconnected to allow for reciprocal vehicular and pedestrian access without reentering the street.

F. Parking Dimensions.

1. Regular Space Dimensions. All parking spaces up to the minimum required shall be designated for regular vehicle parking. Regular vehicle spaces shall have the following minimum dimensions: width: nine feet; length 16 feet to curb plus two feet overhang. Where curbs are not provided, a minimum length of 18 feet is required.

2. Compact Spaces Prohibited. Compact parking spaces or other spaces with dimensions less than the minimums required per this section are prohibited unless an exception permit is approved pursuant to AVMC 15.74.070.

3. End Spaces. Parking spaces at the end of a parking aisle and against a curb or wall shall be widened by two additional feet and/or shall be provided with a back-out “pocket.”

4. Parallel Spaces. Spaces provided for parallel parking shall be a minimum of nine feet wide and 24 feet in length to permit room for maneuvering. If a wall or curb in excess of eight inches in height is adjacent to the parallel parking space, the space shall be minimum 10 feet in width. All end spaces confined by a curb shall be minimum 30 feet long.

5. Space Marking. With the exception of residential garage or carport spaces, all parking spaces shall be clearly marked with white or yellow paint or other easily distinguished material. Marking shall be a minimum four-inch-wide single or double (“hairpin” style) stripe.

6. Parking Aisles. The following table sets out the minimum required dimensions for parking aisles:

7. Parking Accessways. Parking accessways are required to provide access between a street and parking aisles and internally between parking aisles. Such accessways shall conform to the following standards:

a. No parking is permitted on a parking accessway.

b. One-way parking accessways shall have a minimum width of 15 feet, unless the accessway is a fire lane, which requires a minimum of 20 feet. Two-way accessways shall have a minimum width of 28 feet.

c. Parking accessways shall not be intersected by a parking aisle or another parking accessway for a minimum distance of 30 feet from the ultimate curbline of arterial highways and a minimum distance of 20 feet from the ultimate curbline of local and other nonarterial streets.

8. Entry/Exit Driveways. Entry and exit driveways for parking lots shall be a minimum 28 feet in width plus any median width (medians shall be a minimum three feet in width). Additional turning lanes, if required, shall be a minimum 12 feet in width. One-way entry or exit drives shall be a minimum 16 feet in width.

9. Curve Radii. Entry driveways shall have a minimum curb radius of five feet. Internal curb radii shall be a minimum of three feet. Driveway curve radius shall be a minimum of 16 feet inside and 29 feet outside if confined by a curb or other construction.

G. Garages and Carports. Minimum interior dimensions in residential garages and carports for dwellings constructed after the effective date of the ordinance codified in this code shall be 10 feet in width per car by 20 feet in depth (thus, a two-car garage shall be minimum 20 feet wide by 20 feet deep). Alterations to existing garage and carport spaces which retain or create smaller dimensions than those preceding may be permitted provided: (1) no space is reduced to less than nine feet by 18 feet and (2) an exception permit is approved pursuant to AVMC 15.74.070.

H. Drive-Through Facilities. Drive-through restaurants and other drive-through facilities, except car washes, shall conform to the following regulations:

1. Safe traffic and pedestrian circulation shall be provided including, but not limited to, traffic circulation which does not conflict with entering or exiting traffic, with parking, or with pedestrian movements.

2. A stacking area shall be provided for each service window or machine which contains a minimum of seven tandem standing spaces inclusive of the vehicle being served. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns.

3. The drive-through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signs and landscaping.

4. Vehicles at service windows or machines shall be provided with an overhead structure.

5. Amplification equipment, lighting and location of drive-through elements and service windows shall be screened from public rights-of-way and adjacent properties.

I. Shopping Cart Storage. Every land use which provides shopping carts for patrons shall provide shopping cart collection areas or cart racks as follows:

1. Cart racks shall be distributed so that no parking space within the facility is more than 150 feet from the nearest cart rack in order to prevent parking spaces from being lost to abandoned shopping carts.

2. Each cart rack shall include either a steel frame or curbs on the lower side to contain the shopping carts.

3. If sidewalks adjacent to stores are used for storage of assembled shopping carts, such sidewalks shall be designed with extra width so that pedestrian flows are not blocked by shopping carts. The decision-making authority may also require a screening wall or landscape screening integrated into the design of the project in front of such a cart storage area. [Ord. 2012-140 § 3 (Exh. A); Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: design standards, Chapter 15.62 AVMC.

A. Site Development Permit Required. Parking structures and underground parking shall conform to the requirements of this section and shall be subject to the approval of a site development permit.

B. Minimum Dimensions. The minimum dimensions for parking structures and underground parking shall be as set out in AVMC 15.38.070, except additional dimensional requirements may be imposed for conditions or structural impediments created by the parking structure.

C. Support Posts. No support posts or other obstructions shall be placed within two feet of any parking stall, except that such obstructions are allowed adjacent to the stall within the first six feet of the front of the stall, including any overhang area.

D. Mirrors for Sight Distance. Blind corners shall be provided with viewing mirrors maintained in a position and condition to provide adequate sight distance.

E. Interior Treatment. The interior treatment shall include a coordinated interior sign program designed to identify parking levels and locate stairwells, elevators, phones, exits, and other interior features. Interior colors shall be of light shades.

F. Exterior Treatment. Special care shall be taken to mitigate the visual impacts of the mass and height of parking structures. Among other design features, the decision-making authority may require that upper levels be set back from the level immediately below in order to minimize the apparent mass of the structure from the street.

G. Landscaping. Landscaping shall be incorporated into aboveground parking structures to soften their building mass. This shall include perimeter planting, side wall planting and rooftop landscaping as deemed appropriate by the decision-making authority. [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Parking facility landscaping as a percentage of site area in residential, nonresidential and special purpose districts shall be provided pursuant to Tables 15.10.030, 15.18.030 and 15.26.030, respectively. Design of parking facility screening and landscaping shall conform to AVMC 15.62.060(F). [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 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; residential landscaping and open area, AVMC 15.14.110; residential screening of equipment and facilities, AVMC 15.14.120; nonresidential landscaping and open area, AVMC 15.22.070; nonresidential screening of equipment and facilities, AVMC 15.22.080; fire hazard regulations, AVMC 15.50.010.

A. When Required. When the normal operation of any use or development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that location, sufficient off-street loading and unloading area must be provided in accordance with this section to accommodate such activities in a safe and efficient manner. For purposes of this chapter, the term “loading” means both loading and unloading.

B. Size and Design. The dimensions and design of loading berths shall be determined during discretionary review of each project pursuant to Chapters 15.70 and 15.74 AVMC.

C. Location of Loading Berths.

1. Loading berths may occupy all or any part of any required yard setback area except front and exterior side yards and shall not be located closer than 50 feet from any lot in any residential zone unless enclosed on all sides (except the entrance) by a wall not less than eight feet in height. In addition, the decision-making authority may require screening walls or enclosures for any loading berth if it determines that such screening is necessary to mitigate the visual impacts of the facility.

2. Loading berths shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the loading and unloading operations without obstructing or interfering with any fire lane, public right-of-way or any parking space or parking lot aisle. [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: residential screening of equipment and facilities, AVMC 15.14.120; nonresidential screening of equipment and facilities, AVMC 15.22.080.

A. Recreational Vehicles.

1. Recreational vehicles (RVs) may be stored within residential rear or side yards except where fence heights are limited to less than six feet, provided a two-foot setback is maintained between the RV and the property line. For purposes of this section, the term “stored” shall mean the same as “parked.”

2. RVs stored in residential districts shall not be used for sleeping purposes or as a dwelling.

B. Motorcycle Parking. Motorcycle parking areas shall be provided for all nonresidential uses as follows:

1. Uses with 25 to 99 automobile parking spaces shall provide one designated area of minimum 50 square feet for use by motorcycles.

2. Uses with more than 100 automobile parking spaces shall provide motorcycle parking areas at the rate of one motorcycle parking area of minimum 50 square feet for every 100 automobile parking spaces or fraction thereof provided.

C. Bicycle Parking. Bicycle parking shall be provided as follows:

1. Uses required to provide bicycle parking equal to three percent of the total required automobile parking spaces include: video and game arcades, bowling alleys, cinemas/movie theaters, commercial recreation, health clubs, libraries, schools, and skating rinks.

2. Uses required to provide at least five bicycle parking spaces include: banks, churches, clubs/halls, hospitals, restaurants (all categories).

3. Uses required to provide bicycle parking equal to one space for each 25,000 square feet of gross floor area include all office uses.

4. Shopping centers shall provide five bicycle parking spaces for each major tenant having over 20,000 square feet of gross floor area. The spaces shall be provided at or near the tenant’s main entry. [Ord. 2015-165 § 4 (Exh. A); Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: standards for recreational vehicles in the floodplain management overlay district, Chapter 7.50 AVMC.

A. Modified Design Standards. Modified space and aisle dimensions, on-site circulation, and other parking design standards contained in this chapter may be allowed if an exception permit is approved pursuant to AVMC 15.74.070. No such exception shall be approved unless the decision-making authority makes the following findings in addition to the standard findings for approval of an exception permit set out in AVMC 15.74.070:

1. Given the specific conditions of the site and the projected use of the parking facility, the modified design standards will provide sufficient stall, maneuvering and aisle dimensions for the use(s) served; and

2. Topographic or other physical conditions make it impractical or infeasible to require strict compliance with the design standards.

B. Modifications to Required Number of Spaces. The number of parking spaces required for each land use shall be provided pursuant to AVMC 15.38.030 and 15.38.040, unless otherwise permitted pursuant to this section or AVMC 15.38.140.

1. Exception Permit Required for 15 Percent Reduction. A reduction in the required number of parking spaces of 15 percent or less shall require approval of an exception permit pursuant to AVMC 15.74.070. In addition to the findings required for approval of an exception permit set forth in AVMC 15.74.070, the decision-making authority shall make the following findings for approval of an exception permit pursuant to this section:

a. Given the specific conditions of the site and the adjacent area, the alternate parking standards will provide sufficient parking for the use(s) served; and

b. The alternate parking standards comply with the purpose and intent of this chapter.

2. Conditional Use Permit Required for Reduction in Excess of 15 Percent. A reduction in the required number of parking spaces over 15 percent shall be subject to the requirements of AVMC 15.38.140, which requires approval of a conditional use permit. [Ord. 2012-140 § 3 (Exh. A); Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Joint Parking with No Overall Space Deficiency. Two or more adjacent nonresidential land uses may provide common parking facilities when there is no overall deficiency in the number of parking spaces provided all of the following requirements are met:

1. The cumulative number of parking spaces required for all adjacent nonresidential land uses per AVMC 15.38.030 or 15.38.040 is provided.

2. The joint parking plan shall show that the main entries of all uses served shall be no greater than 150 feet from the nearest parking space.

3. Assurance of the availability of all affected parking spaces shall be provided by means of a written agreement between all affected property owners to remain in effect for the duration of the respective uses. The agreement shall be approved by the director and the city attorney and shall provide that no modification of the agreement that will materially affect rights to parking may be made without the prior written approval of the planning director and city attorney. [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Alternative Parking Plan Required. The applicant may request approval of an alternative parking plan to permit a reduction in the required number of parking spaces in excess of 15 percent and/or to permit off-site parking to satisfy the parking requirements set forth in this chapter provided the requirements of this section are satisfied.

B. Conditional Use Permit Required. Alternative parking plans permitted by this section shall require approval of a conditional use permit pursuant to AVMC 15.74.040.

C. Parking Study Required. The applicant shall prepare and submit to the city for review and approval a parking study that includes the following information:

1. A site plan showing all parking spaces, building square footage and tenant spaces located on parcels proposed to be included in the alternative parking plan.

2. A parking matrix with the following information:

a. Project building(s) and tenant address(es);

b. The number of parking stalls available or proposed to be provided on each parcel that is proposed to be included in the alternative parking plan (parking supply);

c. Gross square footage of all building and tenant spaces;

d. The name, type of use, and the days and hours of operation for each user or tenant;

e. The number of parking stalls required by this chapter for each tenant or land use, based on the gross square footage and type of use;

f. The hourly parking demand for all tenants on weekdays (Monday through Friday), Saturday, and Sunday;

g. A comparison between hourly parking demand and the parking supply to show that demand will not exceed parking supply.

3. If off-site parking is proposed, feasibility of customers or users of each parcel or land use proposed to be included in the alternative parking plan using the proposed off-site parking.

4. If off-site parking is proposed, identification of methods for addressing any safety concerns regarding vehicular or pedestrian access to the proposed parking spaces and any opportunities in the area for illegal parking.

5. Evaluation and analysis of applicant’s current and projected parking demand. If off-site parking is proposed, evaluation and analysis of the current and projected parking demand for all tenants or land uses that will share parking. The parking study shall provide a conclusion as to the adequacy of the alternative parking plan proposed by the applicant.

D. Waiver of Parking Study. In the event that a parking study that includes and analyzes the parking availability for the specific nonresidential land use proposed by an applicant for applicant’s property has been submitted and relied upon by the city for another project within one year of the date the applicant’s application is submitted to the city, the director may waive the requirement for a parking study set forth in subsection (C) of this section and the decision-making authority may rely upon the previously submitted parking study in making the findings set forth in subsection (F) of this section; provided, that all other land uses included and analyzed in the previously submitted parking study are the same as of the date that applicant’s application is submitted.

E. Off-Site Parking Agreement. If off-site parking is proposed as an element of the alternative parking plan, assurance of the availability of the off-site parking spaces shall be provided by means of a written agreement between all affected parking owners to remain in effect for the duration of the use permit, which shall be recorded with the county clerk recorder within five days after approval of the alternative parking plan. The agreement shall be subject to the approval of the director and the city attorney, which approval shall not be unreasonably withheld provided the agreement satisfies the requirements of this section. The agreement shall provide that no amendment or modification of the agreement that would materially affect rights to parking may be made without the prior written approval of the planning director and the city attorney.

F. Findings. In addition to the findings required for approval of a conditional use permit as set forth in AVMC 15.74.040, the following findings shall be made by the decision-making authority prior to approval of an alternative parking plan:

1. Given the specific conditions of the site and the adjacent area and based upon the information and conclusions of the parking study, the alternate parking standards will provide sufficient parking for the use(s) served.

2. The alternative parking plan complies with the purpose and intent of this chapter.

3. If off-site parking is proposed, sufficient access and property rights in the off-site parking are provided to ensure that sufficient parking is provided for the use(s) served for the life or term of the use(s).

4. If off-site parking is proposed, the distance between the use(s) served and the off-site parking is no greater than reasonably feasible to ensure that sufficient parking is provided for the use(s) served. In making this finding, greater weight shall be given to off-site parking that is closer to the use(s) served. [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Valet parking proposals shall be reviewed by the decision-making authority in conjunction with the discretionary permit application or other entitlement for the use or separately as an administrative use permit pursuant to the procedures of AVMC 15.74.040 if no discretionary permit is required for the use.

B. When valet parking is provided, a minimum of 25 percent of the required parking spaces shall be designated and arranged for self-parking.

C. The drop-off point for valet parking shall be convenient to the front door of the facility, shaded, one way, and of sufficient capacity to accommodate a minimum of three cars.

D. The accessway from the drop-off point to the parking area shall be via an on-site private drive and shall not utilize any public street. [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Public accommodations and facilities shall provide parking spaces for the physically disabled in compliance with the Federal Americans with Disabilities Act (ADA). More specifically, one of every 25 parking spaces shall be set aside for and accessible to the disabled. The design of such disabled spaces and additional requirements for van accessible spaces shall conform to the ADA Standards for Accessible Design published by the U.S. Department of Justice. [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Continuation of Uses. A use which was a legal use on the effective date of the ordinance codified in this code shall be allowed to continue in operation at whatever parking ratio was in effect at the time the use was established, provided such use was properly permitted and parked in accordance with the regulations in effect at that time.

B. Discontinued Nonconforming Uses. If a use which is nonconforming with regard to parking is not used continuously for a period of one year, any use of the premises shall conform to the parking requirements of this chapter.

C. Expansions and Additions. Any additional uses, intensifications of use, expansions, or changes of use which generate a need for added parking shall comply with the parking required by this chapter. [Ord. 2011-138 § 3 (Exh. A); Ord. 2011-137 § 3 (Exh. A); Ord. 2011-132 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

The purpose of this chapter is to regulate personal, medical, and commercial marijuana uses. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law. [Ord. 2016-181 § 5; Ord. 2015-172 § 5].

A. For purposes of this section, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the city to the fullest extent that California law and federal law allow.

B. Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

C. Indoor Cultivation.

1. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located on the grounds of a private residence, or inside any other enclosed structure within any zoning district of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

2. To the extent that a complete prohibition on indoor cultivation is not permitted by California law, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located on the grounds of a private residence, unless the person is issued an indoor cultivation permit by the planning division. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure that is not either a private residence or an accessory structure to a private residence located on the grounds of a private residence. Before a person may engage in indoor cultivation, he or she must obtain a permit from city and affirm under penalty of perjury on the permit application form that the person will comply with all applicable standards and agree to indemnify and defend the city against any claim resulting from or related to the person’s cultivation activities.

3. The planning department will issue application and processing guidelines for the indoor cultivation permit. No indoor cultivation permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing requirements. [Ord. 2016-181 § 5].

A. Cultivation of medical marijuana pursuant to California Health and Safety Code Section 11362.77 is subject to the cultivation requirements laid out in AVMC 15.40.020.

B. The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the city. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district. [Ord. 2016-181 § 5].

A. The establishment or operation of any commercial marijuana activity or marijuana business (whether for-profit or nonprofit) is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations include, but are not limited to:

1. The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;

2. The cultivation of marijuana;

3. The manufacturing or testing or marijuana, marijuana products, or marijuana accessories; or

4. Any other business licensed by the state or other government entity under California Business and Professions Code Division 10, as it may be amended from time to time. [Ord. 2016-181 § 5; Ord. 2015-172 § 5. Formerly 15.40.020].

No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this chapter, shall be a misdemeanor or an infraction, at the discretion of the city attorney or the district attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared a public nuisance and may be abated as provided in Chapter 1.06 AVMC and/or under state law. [Ord. 2016-181 § 5; Ord. 2015-172 § 5. Formerly 15.40.030].

A. Purpose and Intent. The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless communications facilities in the city.

B. Objectives. The city shall apply these regulations to further the following goals and policy objectives:

1. To protect and promote the public health, safety and community welfare and the aesthetic quality of the city as set out in the general plan while providing for managed development of wireless communications facilities in accordance with state and federal law.

2. To facilitate the creation of an advanced wireless communications infrastructure for citizens, businesses, industries and schools.

3. To protect the city from potential adverse effects of wireless communications facility development. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Applicability. Wireless communications facilities are permitted in the city subject to the provisions of this chapter.

B. Exemptions. The provisions of this chapter shall apply to all wireless communications facilities, except:

1. The following facilities addressed in Chapter 15.44 AVMC:

a. Dish and other antennas designed and used to receive video programming signals from direct broadcast satellite services or television broadcast stations;

b. Amateur radio stations and antennas as defined by the Federal Communications Commission (47 C.F.R. Part C.F.R.).

2. The city manager, planning director and public works director shall have the authority to approve the placement of a wireless communications facility in any district on a temporary basis during an emergency.

3. Communications facilities operated by a government agency.

4. Facilities exempt from the provisions of this chapter by operation of state or federal law. [Ord. 2013-151 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.070].

A. Permit Required. Except for any collocated facility addressed in AVMC 15.42.070, no wireless communications facility subject to this chapter shall be located within the city on any property, including the public rights-of-way, unless the permits and authorizations required by this chapter have been obtained.

B. Modifications to Existing Facilities. Pursuant to 112 P.L. 96, Section 6409, and notwithstanding any provision of this chapter to the contrary, a request for a modification of an existing wireless tower or base station for the collocation of new transmission equipment or removal or replacement of existing transmission equipment shall be approved ministerially without the processing of a discretionary use permit; provided, that such modification does not substantially change the physical dimensions of such tower or base station from the dimensions approved as part of the original discretionary permit for the tower or base station. However, any modification to a wireless tower or base station which substantially changes the physical dimensions of either the tower or base station and any other modification to a wireless communications facility shall be subject to the permits and authorizations required by this chapter. In addition to any other requirements of this chapter, each application for a modification submitted under this subsection shall be accompanied by:

1. A detailed description of the proposed modifications to the wireless tower or base station;

2. A photograph or description of the wireless communications facilities as originally constructed, if available, a photograph of the existing wireless communications facilities, and a graphic depiction of the wireless communications facilities after modification, showing all relevant dimensions; and

3. A description of all construction that will be performed in connection with the proposed modification.

C. Type of Permit Required. Depending on the type and location of the proposed facility, an administrative use permit, conditional use permit or encroachment permit shall be required pursuant to AVMC 15.42.080. If a permit has been obtained for such a facility, any modification to the facility shall require either an amended permit or, if the modification has changed the type of permit required, a new permit as required in this chapter. [Ord. 2013-151 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.080, 15.42.090].

A. Location. The following is the order of preference for locating wireless communications facilities, starting with the city’s most preferred location. Except for modifications to existing facilities, the applicant shall show in its application why it has not selected any location that is more preferred than the location it proposes:

1. Collocation on an existing wireless collocation communications facility in nonresidential zoning districts in accordance with the provisions of AVMC 15.42.070.

2. Sites within the BP-1 and BP-2 business park and PO professional office districts and equivalent specific plan areas.

3. Sites within the CT, CC and CN commercial and CF community facility districts and equivalent specific plan areas.

4. Sites within the OR and OS open space districts and equivalent specific plan areas.

5. Sites within residential districts and equivalent specific plan areas.

B. Mounting and Screening. The following is the order of preference for mounting and screening wireless communications antennas and facilities, starting with the city’s most preferred technique. In its application, the applicant shall show why it has not selected any mounting and screening technique that is more preferred than the technique it proposes.

1. Class 1: Screened Building-Mounted. A facility with antennas mounted on a building or water tank. The antennas are fully screened so that they are not visible. Typical examples include antennas behind a visually opaque screen designed to pass radio frequency signals that match or complement existing exterior surfaces of the building or tank, or antennas designed to be incorporated within an architectural feature of a building such as a steeple, cross, cupola or other integral element.

2. Class 2: Hidden Freestanding. A facility consisting of antennas mounted on the interior of a freestanding structure that uses design techniques to ensure that the antenna is not visible because it is fully enclosed within the structure (such as monuments, signs, or clock towers) or antennas mounted inside elements that replicate natural features, such as fake rocks located in natural areas (“monorocks”) where the facility blends into the surrounding topography and the antenna is not visible.

3. Class 3: Camouflaged Freestanding. A facility consisting of antennas mounted on the exterior of a freestanding structure that uses camouflage to disguise the antenna. Typical examples include monotrees, monoshrubs and radome-enclosed antennas on streetlights.

4. Class 4: Temporary. A temporary facility on site not more than 180 days until a permanent (separately approved) facility to provide coverage for the same general area is operational; or a temporary facility on site not more 30 days in connection with a special event. Typical examples include a “cell-on-wheels” (COW).

5. Class 5: Unscreened and Uncamouflaged. An unscreened or uncamouflaged building or water tank-mounted or freestanding facility with any visible antenna. Typical examples include visible antenna panels on buildings, monopoles, streetlights, playfield lights and electrical towers. [Ord. 2013-151 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.040, 15.42.050].

A. Applicability. The requirements of this section shall apply at all times to all wireless communications facilities, including all wireless communications collocation facilities, except for facilities located in public rights-of-way addressed in AVMC 15.42.060.

B. Height. Wireless antennas and accessory equipment shall conform to the maximum structure height of the applicable zoning district except for the following special circumstances:

1. Mounting on Buildings. Antennas and accessory equipment mounted on buildings may extend up to 10 feet above the maximum structure height for the zoning district provided such elements are no higher than 10 feet above the existing building height and a conditional use permit is approved for the facility.

2. Mounting on Existing Freestanding Structures. Antennas mounted on existing freestanding structures such as utility towers may extend up to 10 feet above the height of the existing structure provided a conditional use permit is approved for the facility.

3. Ridgeline Height Limitation. Notwithstanding the preceding height provisions, wireless antennas and accessory equipment shall not extend higher than the top of the ridgeline nearest the antenna unless the decision-making authority determines in an individual case that a measure is not technically feasible or will not substantially lessen visual impacts.

C. Screening and Visual Mitigation. To the greatest extent feasible, facilities shall be designed to minimize the visual impact of the facility by means of placement, screening, landscaping and camouflage and to be compatible with existing architectural elements, building materials and other building characteristics. Failure to minimize visual impacts as determined by the decision-making authority shall be grounds for denial of the application. The following are visual impact mitigation measures that shall be required unless the decision-making authority determines in an individual case that a measure is not technically feasible or will not substantially lessen visual impacts:

1. Building-Mounted Installations.

a. Antennas on buildings shall be placed inside the building, in a building feature (such as a steeple or bell tower) or on the roof unless the decision-making authority determines that such mounting locations are not technically feasible or will not substantially lessen visual impacts. The decision-making authority may require roof-mounted antennas to be set back from the edge of the building to reduce visual impacts.

b. If the decision-making authority makes a determination that the mounting locations permitted in subsection (C)(1)(a) of this section are not technically feasible or will not substantially lessen visual impacts, it may permit antennas to be mounted on the exterior face of a building provided such antennas do not exceed six feet in their longest dimension.

c. Screening shall be placed over antenna panels and shall be painted or otherwise coated to match or complement the predominant color of the surrounding building surfaces. Screening materials shall match in size, proportion, style and quality the exterior design and architectural character of the building and the surrounding visual environment.

d. Wall-mounted antennas shall not extend more than 18 inches out from the wall face and no cables, antenna mounting brackets or any other equipment shall be visible on the wall face.

2. Water-Tank Installations.

a. Antennas mounted on the exterior face of a water tank shall not exceed six feet in their longest dimension.

b. Screening shall be placed over antenna panels and shall be painted or otherwise coated to match or complement the predominant color of the surrounding tank surface.

c. Tank-mounted antennas shall not extend more than 18 inches out from the tank face and no cables, antenna mounting brackets or any other equipment shall be visible on the tank face.

3. Freestanding Installations. The following standards shall apply to all facilities with antennas mounted on poles, towers or other freestanding structures:

a. Unless determined not feasible by the decision-making authority, freestanding installations shall utilize a camouflage design such as a monotree, monoshrub, monorock or a screening structure such as a monument or tower.

b. Monotree, monoshrub and monorock installations shall be located in settings that are compatible with those types of camouflaged antennas. For a monotree or monoshrub, natural vegetation comparable to that replicated shall be prevalent in the immediate vicinity of the site and the addition of new comparable living vegetation may be necessary to complement the camouflaged antenna. For a monorock, the proposed screen shall match in scale and color other rock outcroppings in the general vicinity of the proposed site.

c. Freestanding installations shall be situated so as to utilize existing natural or manmade features including topography, vegetation, buildings, or other structures to best mitigate the visual impacts of the facility.

d. All antenna components and supporting equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background and/or existing architectural elements so as to visually blend in with the surrounding development. Subdued colors and nonreflective materials that blend with surrounding materials and colors shall be used.

4. Temporary Facilities. The decision-making authority may approve a Class 5 temporary facility, as defined in AVMC 15.42.040, without visual screening if it determines that such short-term screening will not serve a useful purpose in the location proposed, taking into account the duration of the facility and the severity of its visual impacts.

5. Accessory Equipment. All accessory equipment to a facility shall be screened in accordance with the following requirements unless the decision-making authority determines that such measures are not feasible in a particular case:

a. Accessory equipment for building-mounted facilities may be located inside the building, underground, aboveground, or on the roof of the building. If aboveground or on a roof, the screening materials shall be painted the color of the building, roof, and/or surroundings. All screening materials for roof-mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure.

b. Accessory equipment for freestanding facilities may be visually screened by locating the equipment within a nearby building, underground or aboveground. For aboveground equipment, screening shall consist of walls, landscaping, or walls combined with landscaping to effectively screen the facility at the time of installation. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and/or landscaping of the surroundings.

c. Screening enclosures shall be solid opaque construction or a close-weave (maximum one-inch gap) vinyl-clad chain link or similar fence. Enclosures shall be dark green or another color which blends with the background around the enclosure. Landscaping screening shall also be provided if irrigation water is available. [Ord. 2013-151 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.060].

Cross-references: residential screening of equipment and facilities, AVMC 15.14.120; nonresidential screening of equipment and facilities, AVMC 15.22.080; design standards, Chapter 15.62 AVMC.

A. Applicability.

1. Notwithstanding other provisions of this chapter, wireless facilities located in a city public street right-of-way shall conform to the requirements of this section.

2. This section shall apply to facilities in city public street rights-of-way, including but not limited to antennas mounted on street lights, traffic signals and utility poles located in the public right-of-way (all of which shall be referred to as “antenna poles”).

3. The standards set out in subsections (C), (D) and (E) of this section shall apply to all wireless facilities in a public right-of-way unless the decision-making authority determines in an individual case that a standard is not technically feasible or will not substantially lessen visual impacts.

B. General Requirements.

1. In addition to the requirements in this chapter, the city reserves its rights under applicable law to regulate the use of the right-of-way by providers of wireless communications services. Wireless facilities proposed to be located in a public right-of-way shall be subject to review of an encroachment permit in accordance with Chapter 10.04 AVMC.

2. Notwithstanding the provisions of this section, the city is under no obligation to accept applications for facilities to be mounted on city-owned streetlight, traffic signal or other poles.

3. The applicant shall provide evidence of legal authority to attach to the poles and structures and show that the poles and structures will safely support the proposed facility.

4. The application shall comply in all respects with the other requirements of this chapter.

5. Design of facilities in the public right-of-way shall be subject to approval of the public works director.

C. General Standards.

1. New antenna poles shall not exceed 30 feet in overall height. Notwithstanding this limitation, for an antenna on an existing streetlight, traffic signal or other pole or on an antenna pole which replaces such an existing pole, the decision-making authority may approve an overall height up to nine feet above the height of the existing pole.

2. The diameter of antenna poles shall not exceed 14 inches. The diameter of antenna canisters shall not exceed the antenna pole diameter at the antenna mounting location by more than 10 inches. Antenna canisters shall not exceed nine feet in longest dimension.

3. Antennas and equipment shall be screened by means of canisters, radomes, shrouds or other screening measures whenever feasible. If an antenna or antenna equipment is proposed without screening, the applicant shall show to the satisfaction of the decision-making authority why such screening is not feasible.

4. Accessory equipment shall be placed in underground vaults. Ventilation stacks, electrical meter pedestals and other aboveground equipment shall be of the minimum feasible size and height. The decision-making authority may require landscape or other screening of such equipment to mitigate visual impacts.

5. Antennas shall be mounted on existing poles whenever feasible. If a new antenna pole is proposed, the applicant shall show to the satisfaction of the decision-making authority why use of an existing pole is not feasible.

6. Antenna poles within a parkway shall be set back a minimum of two feet behind the face of curb or as otherwise specified by the public works director, and shall comply with ADA accessibility standards.

7. Antenna poles shall be provided with an exterior finish consistent with that of existing poles in the vicinity with regard to color and texture. Antenna canisters and equipment shall be compatible in color with supporting antenna poles.

8. Equipment cables shall be located within antenna poles to the extent feasible. Cable exit ports shall be minimized.

9. Planting of additional street trees, consistent with the palette and pattern of existing street landscaping, may be required to mitigate visual impacts.

D. Antennas on Streetlight Poles. The following requirements are in addition to those set out in subsection (C) of this section:

1. Antennas on streetlight poles shall be mounted above operable streetlights.

2. Streetlight antenna poles shall be reasonably located within the existing streetlight pattern and shall be located so that there are not two or more consecutive communications facilities in a row.

3. Streetlight antenna poles shall include light arms consistent with existing streetlight poles in the vicinity with regard to number, placement, form and finish.

E. Antennas on Traffic Signal Poles. The following requirements are in addition to those set out in subsection (C) of this section:

1. Antennas on traffic signal poles shall be mounted above the traffic signal.

2. The public works director shall approve all traffic signal antenna poles to ensure proper functioning of the signal and maintenance of traffic safety. [Ord. 2013-151 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

A. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the contrary, the addition of a collocated facility to a wireless communications collocation facility shall be a permitted use not requiring a use permit or other discretionary permit provided the underlying wireless communications collocation facility was granted a discretionary permit and was subject to either an environmental impact report, mitigated negative declaration or negative declaration pursuant to California Government Code Section 65850.6 (as amended or superseded). If such a collocated facility does not satisfy said requirements, it shall be reviewed pursuant to AVMC 15.42.080.

B. When Required. Facilities may be required to support and provide collocation if the decision-making authority determines it is technically feasible and will minimize overall visual impact on surrounding areas.

C. When Not Required. Collocation is not required in cases where the decision-making authority determines collocation is not technically feasible, will cause quality of service impairment to the existing facility or will require any wireless communications service provider to cease providing service from that location for a significant period of time.

D. Environmental Review. Notwithstanding any provision of this code to the contrary, the environmental impacts of any proposed wireless communications facility that may serve as a wireless communications collocation facility shall be evaluated through certification of an environmental impact report, mitigated negative declaration, or negative declaration pursuant to the California Environmental Quality Act.

E. Public Hearing. A public hearing shall be held and notice provided pursuant to AVMC 15.70.070 on an application for a collocation facility that may, subsequent to initial construction, have additional wireless facilities collocated with the facility. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

A. Reviewing Authority. Applications for approval of a wireless facility shall be subject to review procedures in the following table as determined by the type of antenna and location of the facility; provided, that the discretionary permit exemptions and other provisions set out in AVMC 15.42.070 shall apply to review of wireless collocation facilities:

1Overheight antennas not in the public right-of-way shall require approval of a CUP per AVMC 15.42.050.

2A temporary facility associated with a special event permit shall be exempt from the requirement for an AUP or CUP provided the facility is included in the special event permit.

3These review provisions apply to all public rights-of-way throughout the city regardless of district location. Encroachment permits shall be reviewed in accordance with Chapter 10.04 AVMC.

B. Required Findings. Any administrative or conditional use permit for a wireless communications facility shall be reviewed in accordance with AVMC 15.74.040. Before granting any such use permit, the decision-making authority shall make the findings set out below. Such findings do not apply to the granting of an encroachment permit.

1. Consistency with General Plan. The facility is consistent with the General Plan and any applicable specific plan.

2. Consistency with Zoning Code. The facility conforms to and is consistent with the provisions of this Zoning Code, including but not limited to the preferences in AVMC 15.42.040, the design standards in AVMC 15.42.050 and 15.42.060, the collocation requirements in AVMC 15.42.070, and the general requirements in AVMC 15.42.090.

3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4. Surrounding Uses. Approval of the application will not create conditions injurious to or incompatible with other properties or land uses in the vicinity.

5. Visual Compatibility. The facility is visually compatible with the area surrounding the site and all feasible measures to mitigate visual impacts have been incorporated into the facility design.

6. Coverage Gap. The facility is necessary to close a significant gap in the applicant’s area coverage and/or voice or data capacity, and the applicant has reasonably considered and rejected all less intrusive alternatives. [Ord. 2013-151 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

A. Applicability. The requirements of this section shall apply at all times to all wireless communications facilities, including all wireless communications collocation facilities, throughout the city.

B. Setbacks and Development Standards. Wireless communication facilities shall comply with all setback and other development standards within the applicable zoning district of the subject site, except that deviations from height standards may be permitted in conjunction with approval of a conditional use permit as provided in AVMC 15.42.050.

C. Lighting. A facility shall not be lighted except for beacon lights required by the Federal Aviation Administration. Beacon lights shall be shielded so as to minimize downward illumination.

D. Noise Standards. All facilities and accessory equipment shall comply with the applicable provisions of the city’s noise regulations as set out in AVMC Title 8.

E. Security. Each facility shall be designed to be resistant to, and to minimize opportunities for, unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. This may require the use of warning signs, fencing, anti-climbing devices, and other techniques.

F. Compliance with City Codes. Each facility shall comply with all applicable provisions of the municipal code, including but not limited to provisions of building codes and any conditions imposed as part of the approval process.

G. Compliance with State and Federal Regulations. Each facility shall comply with all applicable regulations and standards promulgated or imposed by any state or federal agency, including but not limited to the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).

H. Radio Frequency Emissions. Each facility shall at all times comply with all applicable health requirements and standards pertaining to radio frequency emissions. No wireless facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC’s Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the federal government or by the city, county, or the state of California if authorized to do so by the federal government. Failure to remain in continued compliance with these standards shall be grounds for revocation of the discretionary permit. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.030].

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

A. Application Filing. As required by AVMC 15.70.010, an application for an administrative use permit, a conditional use permit or an encroachment permit shall be filed with the planning department on forms prescribed by the planning director, together with: (1) all maps, plans, documents and other materials required by the director, and (2) all required fees and deposits per Chapter 15.90 AVMC.

B. Required Content. In addition to any information determined reasonably necessary by the planning director, the application shall include the following, unless the director determines that the information is not applicable in an individual case or that it would serve no useful purpose in the review of the application:

1. The name, address and telephone number of the owner and operator of the proposed facility, if different from the applicant.

2. The type of proposed facility.

3. If the applicant is an agent, a letter authorizing the agent’s actions and promising full compliance with the city’s rules and regulations from the owner of the proposed facility. If the facility owner will not directly use the facility to provide wireless communications services, a legally binding promise from a person or entity indicating that the person or entity will use the facility to provide wireless communications services.

4. If the facility will be located on the property of someone other than the facility owner, written authorization by any and all property owners authorizing the placement of the facility on the property owner’s property.

5. A complete description of the proposed facility, its purpose, and equipment specifications including the height and other external dimensions of the facility, and a sworn statement from a certified radio frequency engineer that the proposed facility has been designed to the minimum height and smallest dimensions required to meet the demonstrated needs of the wireless communications service provider for the proposed site.

6. A detailed engineering and visual plan of the proposed facility created by a qualified licensed engineer, including site sketches, a photograph and model name and number of each piece of equipment included.

7. A site plan containing the exact proposed location for the facility.

8. The following information to determine whether there will be a significant gap in the wireless communications service provider’s radio signal coverage if the facility is not approved and whether alternative sites exist which could provide adequate coverage:

a. Identification of the geographic service area of the signal coverage from the facility with a map showing the site and other existing network sites of the provider in the vicinity. The map shall show the geographic area within which an alternate site for the facility could be located to provide the needed coverage and all other alternate sites within said area that could be used.

b. A description of how this service area fits into and is necessary for the wireless communications service provider’s provision of service.

c. A description of the efforts the applicant has made to consider alternate sites.

9. Completion of the radio frequency emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission’s “Local Government Official’s Guide to Transmitting Antenna RF Emission Safety” to determine whether the facility will be “categorically excluded” as that term is used by the FCC.

10. For a facility that is not categorically excluded, the applicant shall provide a technically detailed report certified by a qualified radio frequency engineer indicating that the proposed facility and associated equipment will not exceed standards set by the Federal Communications Commission.

11. Documentation certifying that the applicant or the person or entity that will provide wireless communications services using the proposed facility has obtained all applicable licenses or other approvals required by the Federal Communications Commission and the California Public Utilities Commission to provide the services.

12. If the application is for a facility that will be located within the public right-of-way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

13. A noise study prepared by a qualified acoustic engineer documenting the level of noise to be emitted by the proposed facility and its potential effects on surrounding uses.

14. A conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how this will reduce the visual impact of the facility.

15. An explanation as to why the applicant has not selected a preferred location or facility type as described in AVMC 15.42.040.

16. A description of the maintenance and monitoring program for the facility.

17. A statement of the applicant’s willingness to allow other entities seeking to provide wireless communications services to place collocated facilities on the proposed facility whenever technically and economically feasible and aesthetically desirable.

18. A written authorization to permit the city to hire a qualified independent consultant to evaluate any technical aspect of the proposed facility, including, but not limited to, compliance with applicable federal emission standards, potential for interference with existing or planned public safety emergency response communications facilities, or analysis of feasibility of alternate sites, screening methods, or devices. The applicant shall agree to reimburse the city for all reasonable costs associated with the consultation. Any proprietary information disclosed to the city or the consultant is hereby deemed as not a public record, shall remain confidential and shall not be disclosed to any third party without the express consent of the applicant, except to the extent such disclosure is required by law.

19. If the applicant requests an exception to any requirement in this chapter, the applicant shall provide all information and studies necessary for the city to evaluate the request.

20. Visual simulations showing before and after views of the proposed facility. [Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.020].

A. Maintenance Responsibility. The facility operator shall be responsible for physical maintenance of the facility including but not limited to the following:

1. All facilities shall be maintained in good condition, including ensuring the facilities are reasonably free of: chipped, faded, peeling and cracked paint; rust and corrosion; cracks, dents, and discoloration; graffiti, bills, stickers, advertisements, litter, and debris; broken and misshapen parts; and any damage of any cause.

2. Any missing, discolored, or damaged camouflage or screening shall be restored to its original condition.

3. All landscaping required for the facility shall be maintained in a healthy condition at all times and shall be promptly replaced if dead or dying.

4. All facility sites shall be kept clean and free of litter.

5. All accessory equipment cabinets or enclosures shall display a legible sign clearly identifying the addresses, email contact information, and 24-hour local or toll-free contact telephone numbers for both the operator and the agent responsible for the maintenance of the facility. Such information shall be updated in the event of changes. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

A. Actions Against Project Approval. A facility operator, at its sole cost and expense, shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The city shall promptly notify the facility operator of any such claim, action or proceeding.

B. Interference with Communications. A facility operator shall be strictly liable for interference caused by its facility with public safety and city communications systems. The operator shall be responsible for costs for determining the source of the interference, all costs associated with eliminating the interference (including but not limited to filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third party claims against the city attributable to the interference.

C. Incorporation of Provisions. The provisions of this section shall be incorporated into any use permit granted by the city for a wireless communications facility.

D. Incorporation of Provisions. The provisions of this section shall be incorporated into any use permit granted by the city for a wireless communications facility. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.100].

A. Transfer of Ownership of Wireless Communications Facilities. The facility owner or operator may not transfer or assign the local permit for operation of a wireless communications facility authorized under this chapter without the prior approval of the city. The assignor must demonstrate it is in full compliance with the requirements of this chapter. The proposed assignee must demonstrate it accepts and will comply with the requirements of this chapter and all other lawful city rules and regulations. The assignor shall provide written notice to the planning director of any proposed assignment or transfer of a wireless communications facility or any of the rights under such authorization, including the identity of the transferee.

B. Removal of Facility. All improvements, including foundations and appurtenant ground wires, shall be removed from the property and the site restored to its original preinstallation condition within 90 days of cessation of operation or abandonment of the facility. In conjunction with approval of a facility, the city may require a performance bond or other surety or another form of security to ensure such removal so long as the amount of the bond security is rationally related to the cost of removal. In establishing the amount of the security, the city shall take into consideration information provided by the permit applicant regarding the cost of removal. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.110].

Any proceedings for revocation of a permit for a wireless communications facility under this chapter shall conform to the provisions of AVMC 15.74.120. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.130].

A. Purpose and Intent. The provisions of this chapter are intended to:

1. Allow the installation, maintenance and use of satellite dish, television and similar antennas while providing reasonable regulations to mitigate the visual and other impacts of such installations.

2. Allow the installation, maintenance and use of amateur radio antennas to reasonably accommodate amateur communications and to represent the minimum practicable regulation to mitigate the visual and other impacts of such installations. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

A. Exempt Antennas. The following types of antennas are exempt from the provisions of this chapter:

1. Customer-End Antennas. Customer-end antennas (i.e., antennas placed at a customer location for the purpose of providing service to customers at that location) which are subject to the Federal Communications Commission (FCC) Over-the-Air-Receiving Devices Rule (47 C.F.R. 1.4000), including without limitation:

a. Satellite dish antennas less than one meter (39.37 inches) in diameter;

b. Non-dish television antennas no greater than 12 feet above the roof of the building to which they are attached; and

c. Broadband radio service antennas one meter or less in diameter or diagonal measurement.

2. Emergency Facilities. Temporary emergency facilities.

3. Government Facilities. Government-owned or operated facilities.

4. State and Federal Law. Facilities exempt from the provisions of this chapter by operation of state or federal law. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

A. Accessory Use. The satellite dish, television and similar antennas which do not meet the exemption criteria of AVMC 15.44.020 are deemed as conditional accessory uses in all zoning districts. Such antennas may be permitted provided they conform to the standards of this section and a conditional use permit is approved in accordance with AVMC 15.74.040.

B. Antenna Standards. Nonexempt antennas shall conform to the following standards unless the decision-making authority determines in an individual case that a standard will prevent adequate reception or will not substantially lessen visual impacts:

1. Size and Height. Antennas shall not exceed two meters in diameter or diagonal measurement and shall be no higher than eight feet measured from the base of the antenna.

2. Location. Antennas shall not be located in front, side or perimeter setbacks.

3. Mounting. In residential districts, antennas shall be ground-mounted. In nonresidential districts, antennas may be ground-mounted or building-mounted.

4. Color. Antennas shall be of a single color which blends with the surroundings.

5. Screening. Antennas shall be screened from off-premises views by landscaping or decorative structures (trellises, arbors, fences, etc.). [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

A. Intent of Regulations. In conformance with FCC regulations (47 C.F.R. 97.15), an amateur radio antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. The provisions of this section are designed to allow such accommodation.

B. Antennas Permitted without a Discretionary Permit. The following amateur radio antennas are permitted as accessory uses in all districts without approval of a discretionary permit:

1. Enclosed Antennas. Antennas completely enclosed within a building.

2. Single-Wire Antennas. An antenna consisting of a single wire not exceeding one-fourth inch in diameter. Such wire antennas may be located in setback areas provided the antenna does not extend above the maximum building height in the district.

3. Vertical Antennas. A single ground-mounted vertical pole or whip antenna not exceeding 42 feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast.

C. Antennas Requiring a Conditional Use Permit. Amateur radio antennas which do not meet the criteria listed in subsection (B) of this section may be permitted as accessory uses in all districts if a conditional use permit is approved. The following factors and findings shall be considered in the review of such use permits:

1. Factors to Be Considered. The decision-making authority shall consider the following factors in reviewing conditional use permit applications:

a. The Federal Communications Commission (FCC) requirement that local regulations provide reasonable accommodation for amateur radio communications.

b. The city’s desire to allow amateur radio antennas in a manner that reasonably accommodates amateur radio communications while minimizing potential impacts on neighboring properties.

c. The proposed height and design of the amateur radio station antenna, and the technological necessity of that height and design to engage in amateur radio communications.

d. The proximity of the proposed amateur radio station antenna to inhabited buildings and the nature of existing uses on nearby properties.

e. The design of the proposed antenna, with particular reference to design features that may reduce visual impacts, particularly in residential zones.

2. Required Findings. Conditional use permits for amateur radio antennas shall be reviewed in accordance with AVMC 15.74.040. The following findings shall be made by the decision-making authority in conjunction with approval of a use permit for the antenna:

a. Consistency with General Plan. The antenna is consistent with the general plan and any applicable specific plan.

b. Consistency with Zoning Code. The antenna conforms to the permitted use provisions and development standards of this zoning code and is consistent with this code and any applicable specific plan.

c. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

d. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

e. Technological Necessity. The height, design, and configuration of the proposed antenna is technologically necessary to engage in amateur radio communications of the nature contemplated.

f. Constraints of the Site. Topographic or other constraints limit the feasibility of engaging in amateur radio communications with antennas permitted under subsection (B) of this section.

g. Reasonable Accommodation. The installation of the antenna is necessary to reasonably accommodate amateur radio communications.

h. Mitigation of Impacts. The placement and design of the antenna minimizes potential visual impacts on surrounding property owners to the extent feasible while reasonably accommodating amateur radio communications. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

Noise standards and noise control shall be governed by the provisions of AVMC Title 8. [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 establish a permit procedure for the shooting of professional film, video and still photography on public property or in public rights-of-way within the city.

B. Definitions. For purposes of this section and this code, the following terms shall have the meanings set out in Chapter 15.94 AVMC, Definitions:

1. “Charitable films”;

2. “Film, video and still photography”;

3. “Regular activities of the news media”;

4. “Student films”;

5. “Studio.”

C. Where Permitted. Film, video and still photography may be permitted as a temporary use in all zoning districts, unless otherwise specifically prohibited, subject to the approval of a temporary use permit pursuant to AVMC 15.74.050. All filming activities are subject to the provisions of this section unless specifically exempted under subsection (D) of this section.

D. Exemptions. The following film, video and still photography activities are exempt from the provisions of this section:

1. Filming activities solely for personal noncommercial use;

2. The regular activities of the news media concerning those persons, locations or occurrences which are in the news and of general public interest;

3. Charitable films;

4. Student films; and

5. Filming activities conducted on private property.

E. Permit Application and Issuance. The following information shall be included in the application for a temporary use permit for film, video, and still photography:

1. The locations at which the activity will be conducted and the names and telephone numbers of the persons in charge of the activity;

2. The inclusive hours and dates of the proposed activity;

3. A statement of the character or nature of the proposed activity;

4. The number of personnel to be involved;

5. A description of any use of animals, pyrotechnics or special physical effects to be used; and

6. The number and type of vehicles and equipment to be used.

Applications for temporary use permits shall be processed in a timely manner in conformance with the requirements set out in AVMC 15.74.050.

F. Findings for Approval. In approving a temporary use permit for film, video or still photography, the planning director shall make the following findings:

1. The filming activity as proposed and conditioned conforms to the provisions of the zoning code and is consistent with the general plan.

2. The site is adequate in size, shape, and access to accommodate the demands generated by the proposed filming activity.

3. The filming activity as proposed and conditioned will not create significant noise, traffic, or other conditions that will be detrimental to or incompatible with other permitted uses in the vicinity.

G. Conditions of Approval.

1. Letter of Indemnification. Prior to the issuance of a temporary use permit, the applicant shall provide a letter of indemnification to the city, agreeing to hold the city harmless for any events or actions which may occur during or as a result of the activities authorized by this permit.

2. Liability Insurance. Prior to the issuance of a temporary use permit, the applicant shall provide proof of liability insurance to the satisfaction of the planning director. Said insurance shall list the city of Aliso Viejo as an additional insured for a minimum of $1,000,000 per occurrence.

3. Adherence to Permit. The applicant shall be responsible for the restrictions and conditions set out in this permit. A copy of this permit shall be on site at all times. Any deviations from the provisions set out in this permit without written authorization from the city shall render the permit null and void.

4. Site Cleanup. The applicant shall conduct all operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The site used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site. The applicant may be required to post a refundable faithful performance bond or security deposit prior to permit issuance to ensure cleanup and restoration of the site.

5. Filming in Public Right-of-Way. The applicant shall obtain the appropriate encroachment permits for the use of public rights-of-way, including sidewalks, medians and parkways. This includes permission to string cable across rights-of-way from generator to service point. Temporary “No Parking” signs shall be posted by the appropriate jurisdiction if the applicant will be parking vehicles or equipment in zones which do not otherwise permit parking.

6. Filming in City Parks. The applicant shall reserve the use of city parks through the community services department. A security deposit for use of city parks shall be required prior to the issuance of a temporary use permit for filming activities.

7. Traffic Control. The applicant shall be required to use California Highway Patrol or Orange County sheriff personnel for all traffic control of any nature or duration. The applicant shall submit a traffic control plan for the permit to the satisfaction of the chief of police services.

8. Reimbursement for Services. The applicant shall be responsible for the reimbursement of any city or county personnel (i.e., police, fire, etc.) provided for the purpose of assisting the production. [Ord. 2012-139 § 3; Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: encroachment and work in the public right-of-way, Chapter 10.04 AVMC; parks, Chapter 11.10 AVMC.

A. Purpose. The purpose of this section is to implement the provisions of the general plan safety element with regard to fire hazards and to promote the public health, safety, and general welfare, protect life and property, and minimize damage to public facilities and utilities located within fire hazard areas.

B. Applicability. The regulations in this section shall apply to all areas within the city determined to be within a “very high fire hazard severity zone,” as indicated on the safety policy map in the general plan safety element, and shall also apply whenever a fuel modification plan has been required as a condition of development approval or when otherwise required by applicable regulations administered by a public agency.

C. Fire Hazard Reduction. All development subject to these regulations shall be provided with effective fire protection by means of fuel modification programs, access roads, sufficient water supply, landscaping and open spaces, and such other methods that the fire chief has determined will ensure the public health, safety and welfare.

D. Fuel Modification Requirements.

1. A preliminary fuel modification plan shall be approved by both the fire chief and the planning director prior to the first discretionary action on the project.

2. Fuel modification zones established on an approved fuel modification plan shall have the same force and effect as regulations set out in the text of this zoning code.

3. The design and width of fuel modification zones shall be established on each fuel modification plan as required by individual site conditions.

4. A fuel modification maintenance program providing for continuous maintenance of fuel modification areas shall be prepared and implemented. The maintenance program shall be included as part of each fuel modification plan and shall include the maintenance of irrigation systems and landscaping, the periodic re-thinning of vegetation, and other measures needed to keep fuel modification zones in a fire safe condition.

5. The cost of the design, implementation and maintenance of any fuel modification program shall be the responsibility of the property owner. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: fire code, Chapter 13.04 AVMC; subdivision fire protection, AVMC 14.10.160; fuel modification in coastal zone overlay district, AVMC 15.26.050.

All development within the city shall conform to the requirements of the city’s crime prevention through environmental design (CPTED) requirements as set out in Appendix A of this code. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Purpose. The purpose of this chapter is to:

1. Provide standards and criteria for regulating the conversion of rental units to condominium, community apartment or stock cooperative types of ownership and for determining when such conversions are appropriate; and

2. Mitigate any hardships to tenants caused by their displacement from rental units converted to owner-occupied units.

B. Intent. The intent of this chapter is as follows:

1. The city council finds that residential condominiums, community apartment and stock cooperative types of ownership, as defined in California Civil Code Section 1351, differ from rental apartments with respect to design, type of construction and maintenance controls, and therefore that the development standards in this chapter are necessary for the protection of the community, existing rental tenants and the purchasers of the converted units. It is also the intent of these regulations to maintain a balanced mix between ownership and rental housing in order to assure the development and retention of a variety of housing types to serve the needs of the community. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

For purposes of this section and this code, the following terms shall have the meanings as set out in Chapter 15.94 AVMC, Definitions:

A. Condominium.

B. Condominium conversion project.

C. Organizational documents.

D. Disabled person.

E. Eligible tenant.

F. Senior citizen.

G. Subdivision Map Act.

H. Subdivision ordinance.

I. Unit.

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

Cross-reference: definitions generally, AVMC 1.02.010.

A. Where Permitted. If approved under the provisions of this chapter and this title, condominium conversion projects may be allowed in any district in which residential uses are permitted, including specific plan areas, subject to the approval of a conditional use permit and a tentative map.

B. Review Responsibilities. Condominium conversion projects containing five or more units shall require a conditional use permit approved by the city council. A tentative and final tract map shall be required for all subdivisions creating five or more condominiums, five or more parcels as defined in California Civil Code Section 783, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units.

C. Applicable Standards. Condominium conversion projects shall conform to: (1) The applicable standards and requirements of the zoning district in which the project is located at the time of approval, and (2) the applicable provisions of the subdivision ordinance. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

The applicant for a condominium conversion project shall be responsible for notifying existing and prospective rental tenants as follows:

A. Existing Tenants. The applicant shall give notice to tenants residing in units proposed to be converted, at least 90 days prior to the initial filing of the application and in the form set out in Section 66452.9 of the Subdivision Map Act, of the applicant’s intent to file an application for a condominium conversion project. The applicant shall give notice to tenants residing in units proposed to be converted that a final map for the proposed conversion has been approved, within 10 days of such approval, as required by Section 66427.1(b) of the Subdivision Map Act. If the condominium conversion project is approved, the applicant shall give all tenants a minimum of 180 days’ advance written notice of the termination of their tenancies.

B. Prospective Tenants. The applicant shall give notice in the form set out in Section 66452.8 of the Subdivision Map Act to each person applying to rent or lease a unit proposed to be converted of the applicant’s submittal of an application for a condominium conversion project. Pursuant to the Subdivision Map Act, failure of an applicant to provide such notice shall not be grounds to deny the application but shall make the applicant subject to the penalties specified in Section 66452.8 of the Subdivision Map Act.

C. Public Report Notification. The applicant shall give 10 days’ written notification to tenants residing in units proposed to be converted that an application for a public report has been or will be made to the Department of Real Estate, as required by Section 66427.1(a) of the Subdivision Map Act.

D. All Other Notices. The applicant shall give all other notices required by applicable federal, state and local law.

E. Evidence of Tenant Notification. The applicant shall submit evidence in writing, certified under penalty of perjury, showing that the notification requirements specified in subsections (A) through (D) of this section have been satisfied. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Condominium conversion projects shall conform to the following requirements and the city council shall make specific findings as to such conformance in any action approving a condominium conversion:

A. Parking. The number, design and location of parking spaces shall be in conformance with the parking regulations of Chapter 15.38 AVMC.

B. Utilities.

1. Gas. Each condominium unit shall have a separate gas service where gas is a necessary utility. If this provision places an unreasonable economic burden on the applicant, the city council may approve an alternative or waive the requirement.

2. Sewer. The sewer lateral for each building within a condominium conversion project shall be retrofitted/fitted with a cleanout in compliance with AVMC Title 13.

3. Car Wash. A dedicated area for car washing shall be provided. The area shall be covered and drainage of the area shall be connected to the sanitary sewer system or acceptable alternative as determined by the city building official. A water line hook-up shall be installed to provide water for car washing.

4. Water. Each unit shall maintain a separate water meter and water meter connection.

5. Electrical. The electrical service connection shall comply with the requirements of AVMC Title 13.

6. Telephone Company Access. The telephone company serving the location proposed for conversion shall have the right to construct and maintain (place, operate, inspect, repair, replace and remove) communications facilities as it may from time to time require (including access) in or upon any portion of the common area, including the interior and exterior of the buildings as necessary to maintain communications service within the project. This provision may not be amended or terminated without the consent of the serving telephone company.

7. Trash Enclosures. All trash enclosures shall conform to the provisions of AVMC 15.14.190.

8. Parking. All required parking spaces shall be maintained free and clear of obstructions and available for parking at all times. No required parking shall be converted for use as storage or other purposes.

C. General Requirements.

1. NPDES. The project shall comply with current water quality requirements as determined by the city building official.

2. Surveying. Permanent lot stakes and tags shall be installed at all lot corners by a California licensed surveyor or civil engineer unless otherwise required by the city engineer.

3. General Plan Consistency. For residential conversions, the project shall be consistent with the adopted goals and policies of the general plan, particularly with regard to the balance and dispersion of housing types within the city.

4. Review of CC&Rs. A declaration of the conditions, covenants and restrictions, and rules and regulations which would be applied on behalf of any and all owners of condominium units within the project, shall be submitted to the planning director prior to approval of a final map for a condominium conversion project. The declaration shall include, but not be limited to: the conveyance of units; the assignment of parking spaces and storage areas; and an agreement for common area maintenance, together with an estimate of any initial assessment fees anticipated for such maintenance and an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit. The declaration shall be approved as to form by the city attorney and recorded in the office of the county recorder.

5. Fire Detection and Protection. Each living unit shall be equipped with an approved smoke detector, mounted to give access to rooms used for sleeping quarters. All fire protection equipment shall be maintained in an operable condition at all times. All fire protection equipment, including the water delivery system, shall be upgraded as determined by the public works director/city engineer.

6. Roofing Material Fire Rating. The roof is required to have a minimum Class “A” fire-resistant roofing material. [Ord. 2011-136 §§ 25, 26; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

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

The property owner shall provide each tenant of a rental unit to be converted to an owner-occupied unit with an exclusive right to purchase his or her respective unit upon the same or more favorable terms and conditions than those on which such unit will be initially offered to the general public. Such right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to California Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of his or her intention not to exercise the right. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

The applicant shall submit a tenant relocation plan containing and complying with the following:

A. A detailed report describing the relocation and moving assistance information to be given to each tenant, and the steps the applicant will take to ensure the successful relocation of each tenant. The report should state in detail what assistance will be provided for special category tenants, including a discussion of long-term or life-term leases and provisions to allow such tenants to continue renting after conversion until comparable housing is located and their move can be completed.

B. A survey of all the tenants in the project to be converted indicating how long each tenant had been a resident of the project, how long each tenant had planned to live in the project, whether or not each tenant would be interested in purchasing a unit, to which area would each tenant choose to relocate if the conversion took place and the tenant did not purchase a unit, and the extent of tenant approval in principle of the conversion. This survey shall include the applicant’s best estimate of the sales price for each unit, not including inflation and adjustments.

C. The applicant shall provide a tenant rights handout and a questionnaire, in a form approved by the city, to each tenant with an envelope, postage prepaid, addressed to the planning department. The questionnaire shall direct the tenant to return the completed form directly to such department. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

In addition to the tenant protection provisions set out in the Subdivision Map Act, the applicant shall comply with the following provisions, as conditions of any conditional use permit for a condominium conversion project approved pursuant to this chapter:

A. Relocation Assistance. The applicant shall offer to each eligible tenant a plan for relocation to comparable housing, as approved by the city. The relocation plan shall provide, at a minimum, for the following:

1. Assistance to each eligible tenant in locating comparable housing, including, but not limited to, providing availability reports and transportation, where necessary.

2. Payment of a relocation fee to each eligible tenant who does not choose to stay. The payment shall be a cash payment of at least $1,500. A tenant is not entitled to a relocation fee pursuant to this subsection if the tenant has been evicted for just cause. Cash payment minimums will be adjusted annually, in accordance with the Consumer Price Index for all urban consumers published by the United States Bureau of Labor Statistics for the Los Angeles-Long Beach-Anaheim metropolitan area. In addition, a cash payment of actual deposit costs not to exceed $100.00 shall be made for utility deposits and hook-up costs.

B. Special Assistance for Senior Citizens and Disabled Persons. In the case of eligible tenants who are senior citizens, disabled persons, or qualified low income, the following additional provisions shall apply:

1. The applicant shall provide to the displaced tenant payment, not to exceed $1,000, of the first month’s rent in the comparable housing, if required upon moving in; and the transfer to the new complex of all key, utility, and pet deposits to which the tenant is entitled upon vacating the unit. Cleaning and security deposits, minus damages, shall be refunded to the tenant upon vacating the unit.

2. The applicant’s offer to each eligible tenant of a plan for relocation shall be free of any coercion, intimidation, inducement or promise not herein specified and shall not cause the tenant to vacate in advance of a timetable or schedule for relocation as approved in the application for approval of conversion.

C. Antidiscrimination. The applicant or owner of any condominium unit within a project shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person who is or was a lessee or tenant of any such dwelling unit because such person opposed, in any manner, the conversion of such building into a condominium. In a like manner, the applicant or owner shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person or family based upon age or family size, when family size does not exceed HUD’s standard for overcrowding of one and one-fourth persons per room. This antidiscrimination section shall be included in the conditions, covenants and restrictions for the project. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Recognizing that the conversion of existing structures which have been previously occupied and constructed as rental units presents unique problems to present tenants and future buyers, the application for a conditional use permit for a condominium conversion project shall include the following information in addition to that required by other sections of this code:

A. Property Report. A property report shall be prepared by a California-licensed structural or civil engineer, which shall describe the condition and estimated remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, insulation, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, standpipe systems, structural elements, drainage systems, condition of refuse disposal facilities, swimming pools, saunas, gyms and recreation rooms, tennis courts, fountains, hardscape, fireplaces and exterior lighting.

B. Pest Inspection Report. A report by a California-licensed structural termite and pest control specialist certifying whether or not all attached and detached structures are free of infestation and structural damage caused by pests and dry rot.

C. Building History Report. A building history report identifying the date of construction of all elements of the project and permit history.

D. Building Inspection. The applicant for a condominium conversion shall request a special inspection from the building department for the purpose of identifying any building safety violations for each unit. The applicant shall correct all identified safety violations prior to approval of a final map for the condominium conversion.

E. Plot Plans. Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Screening, landscape and irrigation plans shall be included in the plans.

F. Rental History Report. A rental history report detailing the size, in square footage, of the building or buildings and each unit; the current or last rental rate; the name and address of each present tenant; and the average monthly vacancy over the preceding three years.

G. Households Eligible for Affordable Housing. The identification of low, very low, and moderate income households residing in units that are proposed to be converted in connection with a condominium conversion project and whether any are receiving federal or state rent subsidies.

H. Planned Financing Programs. A statement of intent as to the types of financing programs to be made available, including any incentive programs for existing residents.

I. Other Materials. Such other plans and data as deemed necessary by the planning director or city building official.

The Orange County fire authority shall cause an inspection to be made of the property to determine the sufficiency of fire protection systems serving the property and report on any deficiencies.

After reviewing the property report required pursuant to this section, and after inspecting the structures within the project, the building official shall identify and make available to the city council all items evidenced by the documents submitted or by inspection to be in noncompliance with applicable building and housing codes or to be hazardous to the life, health or safety of any occupant of the units within the project or the general public. Once such items have been corrected, a report shall be prepared depicting conformance with the current building codes. All such items shall be corrected to the satisfaction of the building official. An appropriate fee to cover the cost of the review and inspection by the city will be collected pursuant to Chapter 15.90 AVMC. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

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

A. In addition to the provisions in this chapter regarding condominium conversion projects, the city shall, in connection with the approval of a tentative or final map, require a written agreement with the subdivider mandating that 15 percent of the total number of units be set aside for the provision of affordable housing for families of low and very low income levels.

B. Not less than 15 percent of the subdivided units shall be set aside for sale to income-qualified households as described herein (“affordable unit”). Of the affordable units, a minimum of one-third of the units shall be set aside and sold to households whose income does not exceed 50 percent of the then-current area median household income of the county of Orange adjusted for family size by the State Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937 (“very low income”). The balance of the affordable units shall be set aside and sold to households whose income does not exceed 80 percent of the then-current area median household income of the county of Orange adjusted for family size by the State Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937 (“low income”).

C. The maximum sales price of each low income and very low income unit shall be calculated by the planning director and made available to the applicant within 30 days of receipt of a complete application for conversion.

D. For the purpose of calculating maximum household size for any unit, the city shall apply a standard of the number of bedrooms plus one.

E. The applicant shall pay all costs associated with testing and qualifying eligible households for the initial purchase of the affordable units. The applicant shall conduct all testing and qualification of eligible households, and shall make the affordable units available to eligible households in accordance with the terms set out in California Code of Regulations Title 25, Division 1, Chapter 6.5, Subchapter 2. All testing and qualification criteria are subject to the approval of the planning director and shall be submitted to the planning director 30 days in advance of the first sale or lease of an affordable unit.

F. All affordable units shall be sold with an affordability covenant that restricts the sale of the unit to a low income or very low income buyer in accordance with the terms set out in California Code of Regulations Title 25, Division 1, Chapter 6.5, Subchapter 2. Such covenants shall be drawn by the city attorney with reimbursement by the applicant, and shall be recorded superior to all liens, as determined necessary by the planning director to preserve the affordability covenant.

G. The applicant may satisfy the requirements of this section by paying an in-lieu fee for each affordable unit not sold. The in-lieu fee shall be equal to the difference between the median market sales price of the dwelling unit with the largest number of bedrooms in the project and the maximum sales price of that same dwelling to a qualified low income or very low income buyer, as the case may be. The median market sales price shall be determined by the planning director, based upon the most recent sales of comparable housing units in Aliso Viejo, and then upon consultation with a knowledgeable real estate sales professional.

H. The planning director may impose additional conditions and requirements as part of the agreement as may be reasonable and appropriate. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: affordable housing incentives, Chapter 15.58 AVMC.

A. List of Tenants. In addition to the standard application requirements for tentative maps, the applicant shall submit a complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. The director shall mail a public hearing notice for the tentative map hearing to each tenant on the mailing list in accordance with the procedures of the Subdivision Map Act.

B. Tentative Map Review. Tentative maps shall be approved or denied by the decision-making body charged with reviewing tentative maps pursuant to this code. Decisions on the condominium conversion projects shall be governed by the Subdivision Map Act and this chapter.

C. Council Findings for Residential Conversions. A final map for a condominium conversion shall not be approved unless the city council makes all of the findings set out in Section 66427.1 of the Subdivision Map Act regarding tenant notification, right to purchase and other requirements. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

The decision-making authority shall not approve a conditional use permit for a conversion unless it finds:

A. That the establishment, maintenance or operation of the use or building applied for shall not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the city.

B. That the proposed location of the condominium conversion is in accord with the objectives of this code and the purpose of the zone in which the site is located.

C. That the proposed conversion is consistent with the general plan and any applicable specific plan.

D. That the proposed conversion will not displace a significant percentage of low, very low, or moderate income, permanently disabled, or senior citizen tenants or delete a significant number of low, very low and moderate income rental units from the city’s housing stock at a time when no equivalent housing is readily available in the city of Aliso Viejo.

E. That the average rental vacancy rate in multiple-family units of similar size within the city during the 12 months preceding the filing of the application is greater than five percent. In accordance with general plan policies, if the average rental vacancy rate in the city during the 12 months preceding the filing of the application is equal to or less than five percent, the condominium conversion project shall be denied unless the city council determines that either of the following overriding considerations exist:

1. The project will minimize the effect on the dwelling unit vacancy rate because the applicant has proposed measures which the city council finds would effectively mitigate the displacement of tenants and any adverse effects upon the housing stock in the city which would be caused by the proposed condominium conversion project, and the project otherwise substantially complies with the intent of this chapter;

2. Evidence has been submitted that at least two-thirds of the existing tenants have voted to recommend approval of the conversion;

3. In evaluating the average rental vacancy rate in the city and in the building proposed for conversion, the city council shall consider the rental history of the building. The city will conduct an annual survey, either in writing or verbally, of not less than 25 percent of the rental units in the city to determine the average rental vacancy rate in the city. Notwithstanding any other provision of this chapter, the city council may deny a condominium conversion project if it finds that vacancies in the building have been created by unjust evictions and unreasonable rent increases in order to qualify a project for conversion under this chapter; or

4. That the applicant unconditionally offered to each eligible tenant an adequate plan for relocation to comparable housing. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

The city council may modify or waive the development standard requirements set out in AVMC 15.54.050, if it finds that the modification or waiver will not be materially detrimental to the residents or tenants of the property or surrounding properties, nor to public health or safety, and if the requirements of AVMC 15.54.050 place an unreasonable economic burden on the applicant. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. City Council Determination. The city council shall hold a public hearing on a conditional use permit and tentative and final subdivision map, as prescribed in AVMC 15.54.090 and 15.54.110 and shall thereupon approve or deny the permit. The decision of the city council shall be final.

B. Conditions of Approval. In approving a conditional use permit, the city council may impose such conditions as it deems necessary to fulfill the purpose and intent of this chapter. Such conditions may include but are not limited to:

1. Requiring special yards, open spaces, buffers, fences and walls.

2. Requiring installation and maintenance of landscaping.

3. Requiring street dedications and improvements.

4. Regulation of points of vehicular ingress and egress.

5. Regulation of traffic circulation.

6. Regulation of signs, type of construction and methods of operation.

7. Control of potential nuisances.

8. Prescribing standards for maintenance of buildings and grounds.

9. Prescription of development schedules and development standards and such other conditions as the city council may deem necessary to ensure compatibility of the use with surrounding developments and uses to preserve the public health, safety and welfare. [Ord. 2013-147 § 14; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.54.150].

A. A conditional use permit for a condominium conversion shall lapse and shall become void two years following the date on which the conversion permit became effective, unless prior to the expiration of two years, either: (1) separate property interests have been created and recorded for each unit; (2) a building permit has been issued and reconstruction or other work necessary as a result of the conversion is commenced and diligently pursued toward completion on the site which was the subject of the conversion permit application; or (3) a certificate of occupancy has been issued for the structure(s) which was the subject of the conversion permit application.

B. A conversion permit subject to lapse may be renewed for an additional period of one year at the discretion of the city council; provided, that 30 days prior to the expiration date, an application for renewal of the conversion permit is filed with the city council. [Ord. 2013-147 § 14; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.54.160].

Deviations from regulations prescribed elsewhere in this title for fences, walls, site area, width and depth; front, rear and side yards; coverage; height of structures; distance between structures; usable open space; signs, off-street parking facilities or frontage on a public street shall be within the discretion of the city council to either approve or disapprove as part of the conditional use permit for the conversion project if they are legally preexisting prior to the application for a condominium conversion project. [Ord. 2013-147 § 14; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.54.170].

For residential developments, the conversion of existing rental housing to a condominium project shall be exempt from the requirements of parkland dedication or in-lieu fees if, on the date of conversion, the rental units are at least five years of age and no additional dwelling units are to be added as part of the conversion. [Ord. 2013-147 § 14; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.54.180].

Cross-reference: dedication of land for park facilities and payment in lieu of fees, Chapter 14.16 AVMC.

Cross-references: subdivisions, AVMC Title 14; planned residential development overlay district, AVMC 15.10.040; supplemental residential regulations, Chapter 15.14 AVMC.

A. Purpose. This chapter is intended to provide incentives for the production of housing for very low, lower, and moderate income, or senior households in accordance with California Government Code Sections 65915 and 65917, as amended or superseded. In enacting these provisions, it is the intent of the city to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city’s housing element.

B. Definitions. See Chapter 15.94 AVMC for definitions of such terms as “affordable unit,” “density bonus units” and “maximum residential density.”

C. Eligibility for Bonus and Incentives. To be eligible for a density bonus and other incentives as provided by this chapter, a proposed residential development project shall:

1. Consist of five or more dwelling units; and

2. Include one or more of the following within the development:

a. Ten percent of the total dwelling units reserved for lower income households, as defined in California Health and Safety Code Section 50079.5; or

b. Five percent of the total dwelling units reserved for very low income households, as defined in California Health and Safety Code Section 50105; or

c. A senior citizen housing development as defined in California Civil Code Sections 51.3 and 51.12, or mobile-home park that limits residency based on age requirements for housing for older persons pursuant to California Civil Code Sections 798.76 or 799.5; or

d. Ten percent of the total dwelling units in a common interest development as defined in California Civil Code Section 1351 for persons and families of moderate income, as defined in California Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase.

D. Types of Bonuses and Incentives Allowed. A residential development project that satisfies all relevant provisions of this chapter shall be entitled to a density bonus and one or more incentives described below. If the density bonus units cannot be accommodated on a parcel due to strict compliance with the provisions of this title, the city council shall waive or modify development standards to accommodate the density bonus units and/or grant the incentives to which the development would be entitled pursuant to this chapter, unless such waiver, modification or incentive would have a specific adverse impact, as defined herein, upon health, safety, or the physical environment, and for which there is no feasible method to mitigate or avoid the specific adverse impact.

1. Minimum Density Bonus. The minimum density bonus granted to a residential development project that is eligible for a density bonus pursuant to this chapter shall be equal to at least:

a. A 20 percent increase in density, when the development meets the requirements of subsection (C)(2)(a), (b) or (c) of this section;

b. A five percent increase in density, when the development meets the requirements of subsection (C)(2)(d) of this section;

c. A 15 percent increase in density, when an applicant for a residential development project donates land to the city in accordance with the requirements of California Government Code Section 65915(g)(1) and (2) of sufficient acreage to permit construction of units affordable to very low income households equal to at least 10 percent of the total dwelling units. Nothing in this chapter shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development; or

d. The city may, in its discretion, grant a density bonus that is greater than that described in subsections (D)(1)(a) through (c) of this section for a development that meets the requirements therein or proportionately lower than that described in subsections (D)(1)(a) through (c) of this section for a development that does not meet the requirements therein.

2. Additional Density Bonus. A residential development project that satisfies all relevant provisions of this chapter and that includes affordable housing units in excess of the base percentage established in subsection (C)(2) of this section shall be entitled to an additional density bonus and one or more incentives described below. The amount of density bonus to which an applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the base percentage established in subsection (C)(2) of this section. The amount of density bonus for a donation of land shall vary according to the amount by which the donation exceeds the base donation established by California Government Code Section 65915(g).

a. Lower Income Households. For each one percent increase above 10 percent in the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent.

b. Very Low Income Households. For each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent.

c. Moderate Income Households. For each one percent increase above 10 percent in the percentage of units affordable to moderate income households in a condominium project or a planned development, the density bonus shall increase by one percent.

d. Donation of Land. The density bonus shall be increased by one percent for each one percent increase in the donation of land above the minimum 10 percent requirement of subsection (D)(1)(c) of this section. Nothing in this chapter shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

3. The density bonus units shall not be included when determining the total number of dwelling units in the residential development project. All calculations resulting in fractional units shall be rounded up to the next whole number. In no event shall the city be required to grant more than a 35 percent increase over the otherwise maximum allowable residential density under the applicable provisions of this code and the land use element of the city’s general plan. The density bonus percentages available pursuant to the requirements of this chapter are shown in the following table:

4. Incentives – Number. An eligible residential development project shall receive one, two or three of the incentives described in subsection (D)(5) of this section, as follows:

a. Lower Income Households. An applicant shall receive:

i. One incentive is for a residential development project in which at least 10 percent of the total dwelling units are reserved for lower income households;

ii. Two incentives for a residential development project in which at least 20 percent of the total dwelling units are reserved for lower income households; and

iii. Three incentives for a residential development project in which at least 30 percent of the total dwelling units are reserved for lower income households.

b. Very Low Income Households. An applicant shall receive:

i. One incentive for a residential development project in which at least five percent of the total dwelling units are reserved for very low income households;

ii. Two incentives for a residential development project in which at least 10 percent of the total dwelling units are reserved for very low income households; and

iii. Three incentives for a residential development project in which at least 15 percent of the total dwelling units are reserved for very low income households.

c. Moderate Income Households. An applicant shall receive:

i. One incentive for a residential development project in which at least 10 percent of the total dwelling units are reserved for persons and families of moderate income in a condominium project or a planned development;

ii. Two incentives for a residential development project in which at least 20 percent of the total dwelling units are reserved for persons and families of moderate income in a condominium project or a planned development; and

iii. Three incentives for a residential development project in which at least 30 percent of the total dwelling units are reserved for persons and families of moderate income in a condominium project or a planned development.

5. Incentives – Description. A residential development project that is eligible to receive incentives pursuant to subsection (D)(4) of this section shall be entitled to the following incentives in the number specified in subsection (D)(4) of this section:

a. A reduction in the applicable development standards (e.g., coverage, setback, zero lot line and/or reduced parcel sizes, and/or parking requirements).

b. Approval of mixed use zoning in conjunction with the housing project if nonresidential land uses would reduce the cost of the housing project, and the nonresidential land uses would be compatible with the housing project and adjoining development.

c. Other regulatory incentives or concessions proposed by the applicant or the city that would result in identifiable cost reductions.

6. Nothing in this chapter shall be construed to require the city to provide, or limit the city’s ability to provide, direct financial incentives for housing developments, including the provision of publicly owned land by the city or the waiver of fees and dedication requirements.

7. Limitations and Exceptions.

a. In order to receive incentives as described in subsections (D)(4) and (5) of this section, an applicant must submit a proposal to the city requesting the specific incentives that the applicant desires.

b. The city shall grant the incentives requested by the applicant pursuant to subsection (D)(7)(a) of this section and required pursuant to subsection (D)(4) of this section, unless the city makes a written finding, based upon substantial evidence, of any of the following:

i. The incentive is not required in order to provide for affordable housing costs, as defined in California Health and Safety Code Sections 50052.5 and 50053; or

ii. The incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. As used in this subsection, a “specific adverse impact” means 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. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

iii. The incentive would be contrary to state or federal law.

c. The city’s granting of an incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

d. Nothing in this chapter shall be interpreted to require the city to waive or reduce development standards or to grant an incentive that would have a specific adverse impact upon health, safety or the physical environment for which there is no feasible method to mitigate or avoid the specific adverse impact; nor shall this subsection require the city to waive or reduce development standards or to grant an incentive that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

e. The affordable units shall be generally dispersed throughout the residential development project and shall not differ in appearance from the other dwelling units in the project.

E. Continued Affordability – Equity Sharing.

1. Before the issuance of a building permit for any dwelling unit in a development for which density bonus units have been awarded or incentives have been granted pursuant to this chapter, the developer shall identify the affordable units and shall enter into a written covenant with the city to guarantee one or both of the following, as applicable:

a. Low and very low income households: The low and very low income units that qualified the applicant for the development incentive shall continue to be offered and available at an affordable housing cost, as defined in California Health and Safety Code Sections 50052.5 and 50053, for a minimum of 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The 30-year restriction shall renew upon sale or transfer of the units.

b. Moderate income households: The initial occupant of any moderate income unit in a common interest development shall be a person or family of moderate income. The moderate income unit shall be offered at an affordable housing cost, as defined in California Health and Safety Code Sections 50052.5 and 50053. An equity-sharing agreement will be required indicating that upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. Upon resale, the city shall recapture any initial subsidy and its proportionate share of appreciation. The city’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. The city’s proportionate share of appreciation shall be equal to the ratio of the local government’s initial subsidy to the fair market value of the home at the time of initial sale. The city shall spend such recaptured funds within five years for the construction, rehabilitation, or preservation of affordable housing for extremely low, very low, low and moderate income persons or families, as described in California Health and Safety Code Section 33334.2(e).

c. The terms and conditions of the covenant required by subsection (E)(1)(a) of this section and the equity-sharing agreement required by subsection (E)(1)(b) of this section shall run with the land which is to be developed, shall be binding upon the successor(s)-in-interest of the developer, and shall be recorded in the county recorder’s office. In addition to the requirements described in subsections (E)(1)(a) and (b) of this section, the covenant or agreement shall include the following provisions:

i. The city shall have a continuing right of first refusal to purchase or lease any or all of the affordable units at the current fair market value;

ii. The deeds to the affordable units shall contain a covenant stating that the owner shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the city confirming that the sell or rental price of the unit is consistent with the limits established by this chapter for lower, very low and moderate income persons and families; and

iii. The city shall have the authority to enter into other agreements with the developer or purchasers of the affordable units, as may be necessary to ensure that the lower, very low, and moderate-income units are continuously occupied by persons or families of lower and very low income.

F. Child Care Facilities.

1. When an applicant proposes to construct a residential development project described in subsection (C) of this section that includes a child care facility located on the premises of, as part of, or adjacent to the project, the city shall grant either of the following:

a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

b. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

2. The city shall require, as a condition of approving the residential development project, that the following occur:

a. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to subsection (E) of this section.

b. Of the children who attend the child care facility, the children of very low, lower and moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low, lower or moderate income households pursuant to subsection (C)(2) of this section.

3. Notwithstanding subsections (F)(1) and (2) of this section, the city shall not be required to provide a density bonus or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

G. Processing of Bonus Request.

1. Application Required. Residential development projects that include a request for a density bonus and/or incentive pursuant to this chapter shall require the submission of a density bonus application, which shall be approved by the city council.

2. Initial Review of the Density Bonus Request. The director shall notify the applicant within 90 days of the filing of a density bonus application whether the residential development qualifies for the density bonus and incentives described in this chapter.

3. Application Contents. The applicant for a density bonus and/or incentive shall include the following information in an application:

a. The applicant is seeking a density bonus based on the requirements of subsection (C).

b. An election stating that the requested bonus is based on subsection (C)(2)(a), (b), (c), or (d), and a description of the specific density bonuses that the applicant is requesting.

c. Whether the proposed housing development includes a child care facility located on the premises of, as part of, or adjacent to the project.

d. The applicant agrees to the affordability requirements set forth in subsection (E).

e. If applicable, the applicant is also seeking incentives as described in subsections (D)(4) and (5), and a description of the specific incentives that the applicant is requesting.

4. Meeting. The applicant may also request a meeting with the director or his or her designee to discuss the density bonus application.

5. Approving Authority. The city council shall be the approving body of the density bonus and/or incentive, as provided in this chapter.

H. Vehicular Parking Ratio. Parking shall be provided in accordance with AVMC 15.38.030, Spaces required for residential uses.

I. Mixed-Use/Residential Overlay District. The maximum density of 50 units per gross acre may be increased to 90 units per gross acre if the residential development component is eligible pursuant to subsection (C) of this section. [Ord. 2024-239 § 5; Ord. 2013-154 §§ 1 – 5; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: residential development standards, AVMC 15.10.030; supplemental residential regulations, Chapter 15.14 AVMC; affordable housing in residential condominium conversions, AVMC 15.54.100.

This chapter sets out standards for physical design in Aliso Viejo. It provides architectural, landscape and site planning criteria for the design and review of proposed commercial, office, industrial, residential, and other development within the city. [Ord. 2011-131 § 3 (Exh. A)].

A. Goal and Objectives. The overall goal of this chapter is to enhance the quality of the manmade environment in the city. In order to advance this goal, the following objectives are hereby adopted:

1. To create a set of explicit design standards to be used by city reviewing bodies to help guide decisions for approval or denial of proposed development projects and thereby protect the general welfare of the community.

2. To create a set of explicit high-quality design standards to be used by prospective developers and their site planners, architects, landscape architects, and engineers in designing proposed development projects.

3. To encourage new development projects which:

a. Utilize a variety of architectural styles and site designs;

b. Incorporate quality design features;

c. Are both inviting and user-friendly to people;

d. Offer pleasing and interesting views to pedestrians, motorists, and neighbors; and

e. Are architecturally distinctive yet in harmony with the surrounding natural and manmade environments.

4. To provide a consistent approach to site planning, building design, signs, graphics, color, materials, lighting, landscaping, and other design elements.

5. To provide for city review of exterior modifications to commercial, industrial, office, and multiple-family residential projects while providing for ease in the processing of such review with a minimum of cost and time to the applicant. [Ord. 2011-131 § 3 (Exh. A)].

A. Standards Are Qualitative.

1. Guidance for Decision-Makers. Although the design standards in this chapter are to be followed by developers, project designers, and city decision-makers in the design and review of development projects, they are not precise zoning regulations with absolute requirements. Instead, the provisions of this chapter are to be considered qualitative standards of good design to assist city decision-makers in their discretionary judgments to approve or deny projects. This chapter should therefore motivate design efforts toward meeting the city’s quality standards, either prior to project submission or via design modifications during project review.

2. Project Character. In reviewing individual projects, the decision-making authority shall tailor the application of the standards in this chapter to the scale and character of the project. That is, the decision-making authority may grant relief from a policy guideline (i.e., identified by the word “should” per subsection (B) of this section) if it determines that, due to unusual project characteristics or small scale, no useful purpose would be served by the standard in terms of advancing the goal and objectives set out in AVMC 15.62.020. For example, the decision-making authority might determine that the provisions promoting pedestrian links to off-site areas are not appropriate for a discount warehouse surrounded by arterials and nonpedestrian land uses. In addition, similar relief for “shall” or mandatory standards may be granted by means of an exception permit pursuant to AVMC 15.74.070.

B. Mandatory and Policy Provisions. As a set of predominantly qualitative rather than quantitative standards, the regulations in this chapter provide for levels of discretion by city decision-making authorities in their application of different standards. Terms used to differentiate these levels are as follows:

1. The word “shall” identifies mandatory design or procedural requirements. Such requirements shall not be modified or waived unless an exception permit is approved by the decision-making authority pursuant to AVMC 15.74.070.

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

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

4. The word “may” is discretionary.

C. Effect of Other Regulations. The design standards in this chapter are intended to augment the other provisions of this zoning code, applicable specific plans, and other relevant regulations controlling land use and development in the city. In case of conflict or discrepancy between this chapter and the design standards in an approved specific plan, the specific plan shall control. [Ord. 2012-146 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A)].

A. Applicability.

1. Projects Subject to Design Review. Except for those projects identified in subsection (A)(2) of this section, the following projects shall be subject to design review under the provisions of this chapter:

Projects which require a site development or conditional use permit pursuant to Chapter 15.74 AVMC and which: (a) involve new building construction; or (b) involve exterior alterations to existing buildings and/or sites. For such alterations, the design standards shall apply only to the portions of the project being altered and only design measures connected to the proposed improvements shall be required.

2. Projects Not Subject to Design Review. The following projects are not subject to design review:

a. Construction of an individual single-family detached home by an owner-builder;

b. Alterations to existing single-family detached homes;

c. Interior alterations to existing buildings;

d. Applications which do not involve building construction.

B. Architectural Standards.

1. Commercial Standards. The commercial architectural standards of AVMC 15.62.090 shall apply to the following projects:

a. Freestanding retail buildings, shopping centers, restaurants, and other commercial development.

b. Civic centers.

c. Institutional buildings, such as churches, libraries, museums, schools, and colleges.

d. Small-scale hotels and hospitals, three stories or less.

e. Mixed use projects which are predominantly commercial but which also include other uses within the same building or cluster of buildings (e.g., residential units above retail stores or professional offices within a commercial building or shopping center).

2. Office and Industrial Standards. The office-industrial architectural standards of AVMC 15.62.100 shall apply to the following projects:

a. Office and industrial buildings and parks.

b. Utility substations.

c. Large-scale hotels and hospitals, four stories or above.

d. Mixed use projects which are predominantly office or industrial but which also contain small incidental commercial uses, such as a sandwich shop.

3. Office and Industrial Buildings in Commercial Areas. Notwithstanding the provisions of subsections (A)(1) and (2) of this section, in order to promote consistent design quality within the community’s retail commercial areas, the city shall have the discretion of applying the commercial architectural standards of AVMC 15.62.090 to office, industrial, or other buildings proposed for such commercial areas.

4. Residential Standards. The residential architectural standards of AVMC 15.62.120 shall apply to projects with two or more residential units.

C. Determinations Regarding Applicability. When it is not immediately apparent whether a proposed project is subject to the provisions of this chapter under the categories listed in this section, the director shall decide. The director’s decision shall be based on his or her determination of the most applicable category of the project and the goal and objectives set out in AVMC 15.62.020. [Ord. 2011-131 § 3 (Exh. A)].

A. Review Procedures.

1. Review as Part of Site Development or Use Permit. Design review of all projects subject to the standards of this chapter shall be carried out as part of the review of a project’s associated site development or use permit pursuant to the procedures of AVMC 15.74.020 and 15.74.040. The decision-making authority for each application shall be as designated in AVMC 15.70.030.

2. Approval or Denial of Projects. As stated in AVMC 15.62.030, the design standards of this chapter are to be used to assist city decision-makers in their discretionary judgments to approve or deny projects. Therefore, the decision-making authority must make a finding that the project is consistent with the overall goal and objectives of the design standards set out in AVMC 15.62.020 in approving the project’s associated site development or use permit application. Conversely, a finding that a project is not consistent with the goal and objectives shall constitute grounds for denial.

B. Application for Design Review. Application for design review shall be made in conjunction with the project’s associated site development or use permit on forms provided by the planning director. The following is a list of information and materials which shall be required unless determined to be not relevant to the particular application by the director:

1. Preliminary site, grading, and landscape plans.

2. Schematic architectural elevations, roof plans, and floor plans.

3. A conceptual signing plan, including approximate sign sizes, heights, locations, colors, and materials.

4. Drawings of design details such as mailboxes, outdoor lighting fixtures, walls and fences, trash enclosures, etc.

5. A photometric analysis showing foot-candle contours both within the site and beyond the site boundaries.

6. A sample board containing samples of proposed colors, materials, finishes, etc.

7. Other information or materials deemed necessary by the director. [Ord. 2011-131 § 3 (Exh. A)].

A. Numerical Standards. Landscaping requirements, dimensions and percentages for projects in residential, nonresidential and special purpose districts shall conform to AVMC 15.10.030, 15.18.030 and 15.26.030 respectively.

B. Overall Landscape Design. Landscape plans shall utilize the various elements of landscape architecture (e.g., planting, walkways, water features, lighting, outdoor furniture, etc.) to accomplish the following objectives:

1. Visually emphasize prominent design elements and vistas, while screening undesirable views.

2. Provide a harmonious transition between adjacent land uses and between development and open space.

3. Provide variation sufficient to create interest and emphasis without being intrusive or distracting to the viewer.

4. Provide an overall unifying influence to enhance the visual continuity of the project.

C. Project Entry Landscaping.

1. Entries as Special Statements. Project entries shall be designed as special statements reflective of the character of the project in order to establish identity for tenants, visitors, and patrons. Flowering accent planting and specimen trees should be used to reinforce the entry statement. Landscape treatment shall utilize such measures as low height plantings at the corners to preserve sight lines and ensure traffic safety. Other aspects of entry design and identification shall be in accordance with the site planning standards of AVMC 15.62.080 and 15.62.110.

2. Textured Paving. Textured or enriched paving treatments, such as interlocking pavers, stamped concrete, etc., shall be used at project entries. Textures should be selected which:

a. Give a feeling of transition;

b. Discourage high speeds by providing slightly rougher pavement;

c. Do not become slippery when wet; and

d. Are not so rough or irregular as to make walking difficult, especially in high heels, or discourage the use of baby strollers or wheelchairs.

3. Entry Signs. Project identification signs shall conform to the sign regulations contained in Chapter 15.34 AVMC.

Note: All sketches in this chapter are intended as examples only. They are not to be taken as the only acceptable design solution for each situation.

D. Frontage and Boundary Landscaping.

1. Visual Impact of Project Frontages. Project street frontages are highly visible to both patrons and motorists. As the first design feature seen by motorists driving by and visitors entering a project, street frontages establish the visual image for both the project and the streetscape. Because of these considerations, street frontage parkways shall be of ample width and generously landscaped. Landscape plans shall treat the parkway, including any portion within the public street right-of-way, as one integrated greenbelt. Frontage landscape width shall conform to the requirements of Tables 15.10.030, Residential Development Standards, and 15.18.030, Nonresidential Development Standards.

2. Frontage Landscape Design. Parkway frontages should include sidewalks and/or bicycle-pedestrianways, and planting consisting of trees, shrubs, and either grass (drought-resistant varieties) or groundcover. Frontage landscape treatment shall be of low height near project entries so as to preserve sight lines and ensure traffic safety.

3. Boundary Landscaping. Nonstreet boundary landscaping in residential, nonresidential and special purpose districts shall be installed to the depth specified in Tables 15.10.030, 15.18.030 and 15.26.030 respectively. Streets and parking areas shall not count toward the boundary landscaping requirement.

4. Perimeter Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the decision-making authority. Plant spacing shall be appropriate to the growth habits of the selected plant species and shall be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. Where the decision-making authority determines that screening is not required, walls may incorporate tubular steel, wrought iron, or other open design.

E. Interior Project Landscaping.

1. General. Interior parking and pedestrian areas should be regarded as landscaped open space. The goal of site and landscape plans should be to create inviting spaces with trees, shrubs, groundcover, and areas of enriched paving. Interior landscaping shall consist of landscape, hardscape, water features, and similar amenities and shall meet the percentage requirements specified in Tables 15.10.030, 15.18.030 and 15.26.080.

2. Use of Small-Scale Plant Materials. Planting adjacent to walkways and within plazas and other pedestrian spaces should include smaller species of shrubs and trees in keeping with the intent to maintain an intimate human scale in these areas.

3. Landscaping Amenities. Pedestrian spaces should be enhanced by planting accents such as trees, shrubs, and/or vines espaliered against wall surfaces, flower beds, window boxes, and hanging pots with flowers and vines.

4. Common Open Area in Residential Projects. Common open area in residential projects shall meet the percentage requirements specified in Table 15.10.030, Residential Development Standards. Common open area shall consist of passive landscaped and active recreation area. Streets, parking areas, private patios, private yards, and slopes steeper than 5:1 (20 percent) shall not count toward the common open area requirement. Active recreation area shall include such facilities as: swimming pools and spas, clubhouses, tot lots, tennis courts, basketball courts, playfields, or similar facilities for active recreational use.

F. Parking Lot Landscaping and Screening.

1. Landscaping Percentages. Parking facility landscaping as a percentage of site area in residential, nonresidential and special purpose districts shall be provided pursuant to Tables 15.10.030, 15.18.030 and 15.26.030 respectively.

2. Landscaping and Vehicle Overhang. Landscaping shall be compatible with vehicle overhang areas. Therefore, in overhang areas adjacent to perimeter curbs, landscaping shall consist of low planting, groundcover, hardscape or other treatments which will not conflict with overhanging vehicles. In addition, the decision-making authority may require a landscaped buffer area of five feet or more between paved areas and buildings in order to avoid pavement next to building walls.

Note: All sketches in this chapter are intended as examples only. They are not to be taken as the only acceptable design solution for each situation.

3. Screening Along Streets. Parking and interior circulation areas shall be screened from streets by means of parkway landscaping and berming or, in cases where the decision-making authority determines that berming is not feasible or desirable, by means of a combination of landscaping and low screening walls. Screening walls or fences may include open portions (tubular steel, wrought iron, etc.) if the decision-making authority determines that the desired screening of parking and circulation areas is still achieved. Specific provisions regulating height and placement of walls and fences in residential and nonresidential districts are contained in AVMC 15.10.030 and 15.22.030 respectively.

4. Allowance for Grade Differential. In order to take into account the effect of grade differentials on visibility, the city decision-making authority may require increased or decreased screening than that set out in this code if the finished elevation of the adjacent property within five feet of the site boundary is substantially higher or lower than that of the building site.

G. Landscaping and Utilities.

1. Coordination of Landscaping and Utilities. Project civil engineers and landscape architects shall consult during the preparation of street improvement, grading and landscape architectural plans to coordinate the placement and installation of utilities, irrigation systems, and landscape planting.

2. Placement of Utility Boxes.

a. Unless determined infeasible by the planning director or the public works director, street improvement plans shall be designed so that:

i. Street lights are placed off of sidewalks; and

ii. Irrigation controllers, power transformers, telephone and cable TV junction boxes, and other similar facilities are placed underground.

b. If underground placement is determined infeasible, utility facilities shall not be placed on sidewalks, other walkways, or bikeways unless the director of planning services determines that there is no other feasible location for the facility.

3. Screening of Utility Boxes. Utility boxes such as power transformers, irrigation controllers, telephone connection boxes, etc., not placed underground shall be effectively screened by means of shrubs or other landscape treatment.

H. Landscaping and Outdoor Lighting.

1. Outdoor Lighting. Outdoor lighting shall conform to the provisions of AVMC 15.62.070.

2. No Obstruction of Light Sources. In order to maintain sufficient illumination for security purposes, landscaping plans shall be designed so that trees and other landscaping do not obstruct light sources from outdoor fixtures, including parking lot lighting.

3. Traffic Signs and Addresses. Landscaping shall be designed so that trees and other landscaping do not obstruct views of traffic signs or address numerals on buildings.

I. Screening of Equipment and Facilities. Mechanical equipment, ground-mounted utility, mechanical, pool or spa equipment, storage areas, and loading areas shall be screened pursuant to AVMC 15.62.080.

J. Drought-Tolerant Plant Material. A minimum of 50 percent of plant material installed in projects approved after the effective date of the ordinance codified in this code shall be of drought-tolerant varieties consistent with the city’s approved plant palette. Such varieties shall be indicated on landscape plans submitted by the applicant and shall be confirmed by the director prior to plan approval.

K. Plant Selection. Plant materials shall be chosen on the basis of both functional and visual characteristics and shall be consistent with the city’s approved plant palette. On manufactured slopes, consideration shall be given to reducing landscape maintenance and water consumption, adaptability to adverse soil conditions present in many parts of the city, low fire-fuel content in transition areas between development and open space, and enhancement of slope stability and erosion control. Where soil and other environmental conditions permit, species native to coastal southern California may be incorporated into the landscape plan.

L. Planting Sizes and Densities. Landscape planting shall conform to the following minimum size and planting density standards:

1. Trees.

a. Minimum size: eight feet high (measured from the top of container) with at least 30 percent to be minimum 24-inch box size.

b. Maximum spacing in parkways, entry drives, street medians, parking lot planter strips, and project boundary strips: average 30 feet. Trees may be planted either in irregular clusters or at equal intervals provided the preceding average spacing is achieved.

2. Shrubs.

a. Minimum size: one gallon minimum with at least 30 percent to be five-gallon.

b. Maximum spacing: average 10 feet.

3. Vines. As required to augment groundcover and/or provide screening for retaining walls.

4. Groundcover. Hand-planted plugs with minimum density of one foot on center, or other density as approved by the director, or hydroseeding utilizing seed mixture approved by the director. Either of the preceding methods or a combination of the two shall be sufficient, in the director’s judgment, to meet a goal of 100 percent slope coverage within one year of planting.

M. Root Barriers and Tree Grates. Trees planted within 15 feet of walls or pavement shall be installed with root barriers to help prevent foundation or pavement damage. Tree grates should be installed around trunks where trees are planted within sidewalks or other paved pedestrian areas.

N. Landscape Maintenance. All landscaping shall be maintained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering. Permanent automatic irrigation facilities shall be provided for all landscaped areas.

O. Fences and Walls. Height and placement of fences and walls shall be in accordance with the provisions of AVMC 15.14.030 and 15.22.030 or the applicable specific plan. [Ord. 2011-131 § 3 (Exh. A)].

A. Applicability. All properties shall be subject to the outdoor lighting standards of this section. This section provides standards which allow adequate outdoor lighting for public safety and decorative purposes while minimizing the adverse effects of excessive lighting on adjacent properties and the community.

B. Height. Building-mounted lights shall be installed below the eave line or below the top of building wall where there are no eaves. Except for public and private parks and playfields, the light source for pole or fence-mounted lights shall be located no higher than 24 feet above finish grade in nonresidential districts and no higher than 10 feet above finish grade in residential districts.

C. Intensity and Spillover. The intensity of outdoor lighting shall conform to the provisions of Appendix A of this code. Lighting shall be designed and shielded to minimize spillover onto neighboring properties. In order to assess compliance of proposed projects with lighting intensity and spillover limitations, the city may require a photometric site plan analysis to show lighting intensities within the site and light spillover beyond the site boundaries.

D. Light Fixture Design. Decorative fixtures with full cutoff shields to direct light downward shall be used for parking lot lighting in order to minimize off-site glare. Bollard or other low-height lighting shall be used whenever possible for pedestrian areas. Light fixture design shall harmonize with and enhance the character of the project. Building-mounted outdoor light fixtures shall be integrated into the overall building design.

E. Building Illumination. Any building illumination or architectural lighting shall be indirect with no light source visible from abutting streets. Architectural lighting shall serve to emphasize building entries and particular building details.

F. Parks and Playfields. Outdoor lighting for public and private parks and playfields shall conform to the following standards:

1. Height. The height of park and playfield lights shall be as determined necessary by the city to provide for security and the illumination necessary for reasonable use of recreation facilities and playfields.

2. Shielding. Cutoff shields shall be utilized to minimize spillover of direct rays outside the park site.

3. Time Limits. No event requiring outdoor lighting shall be started after 9:00 p.m. [Ord. 2011-131 § 3 (Exh. A)].

A. Applicability. The provisions of this section shall apply to nonresidential projects and to residential projects as so indicated in this code.

B. Project Access.

1. Project Identification. Identification signs should be provided for all projects. Such signs shall conform to the sign regulations of Chapter 15.34 AVMC pertaining to limitations on size, height, and placement. The project name shall be approved by the decision-making authority in order to ensure appropriateness, aid in identification for emergency services, and avoid duplication with other projects in the city.

2. Project Entry Location. Project entries shall be limited in number and located as far as possible from intersections in order to minimize congestion and conflicts. For projects on major or primary arterials or where otherwise determined necessary by the city, full street-intersection-type entries should be used instead of “dustpan” type driveways.

3. Project Entry Design. Major project entries shall be designed as special statements reflective of the character of the project. The goal should be to establish a distinctive and inviting image for the project. Entry landscaping improvements shall also conform to the standards of AVMC 15.62.060.

Note: All sketches in this chapter are intended as examples only. They are not to be taken as the only acceptable design solution for each situation.

4. Pedestrian Access. Commercial, office, and related site plans shall be designed to physically and visually link the site to the street sidewalk as an extension of the internal pedestrian circulation system in order to effectively separate pedestrian and vehicular traffic and invite pedestrian access into the project. Also, provision should be made for direct pedestrian links between the project and adjoining projects and residential areas.

5. Bicycle Access. Bicycle usage shall be encouraged by the provision of bikeway access to nonresidential projects and bike racks at convenient locations near building entries.

6. Jogging Trails. Projects of appropriate scale or location may incorporate jogging trails within the project boundaries and/or provide access to trails outside the project.

7. Bus Stops. Where bus stops are located on a project’s frontage, provision should be made for buses to stop out of the flow of traffic. Therefore, bus stop turnouts should be incorporated into the design of site and street improvement plans. (Standards of the Orange County Transportation Authority shall be taken into consideration in the design of such turnouts.) In addition, a waiting bench should be provided and overhead shelters are encouraged. Any proposed bus stop amenities shall be included as part of the project’s design details.

C. Pedestrian Spaces and Walkways.

1. Pedestrian Links to Off-Site Areas and Facilities. Commercial, office, and related site plans shall be designed to physically and visually link the site to the street sidewalk as an extension of the internal pedestrian circulation system in order to effectively separate pedestrian and vehicular traffic and invite pedestrian access into the project. Also, provision should be made for direct pedestrian links between the project and adjoining projects and residential areas.

2. Internal Pedestrian Connections. Internally, projects should include a system of pedestrian walkways which interconnect building entries with each other and with appropriate parking areas, while minimizing conflicts between pedestrians and vehicles. Also, whenever determined feasible by the director or city council, site plans shall be designed so that walkways connect individual buildings within a project directly without forcing pedestrians to mix with vehicular traffic.

3. Walkway Treatment. Walkways should be well-marked by means of low-level signage, pedestrian-scale lighting, such as bollard lights, and distinctive paving and landscape planting treatments. Where feasible, trellises, arbors, arcades, or similar features should be used to cover walkways and give a feeling of enclosure and security. Also, where textured paving is used, it should not be so rough or irregular as to make walking difficult, especially in high heels, or discourage the use of baby strollers or wheelchairs.

4. Pedestrian-Friendly Walkways. Walkway layout should anticipate pedestrians’ desired movements and should provide direct routes for them. For example, walkways should allow pedestrians to “cut the corner” in order to change direction without wearing a pathway over adjacent grass or groundcover. Also, meandering sidewalks or walkways should contain only shallow curves to avoid radical detours.

5. Creation of People Spaces. Commercial, office, and related projects should incorporate outdoor amenity areas such as atriums, plazas, courtyards, and outdoor cafes. These features should be combined with architectural elements, such as arched entries, to create an inviting layering of spaces, in which surrounded outdoor spaces, such as courtyards, are visible from other outdoor spaces. In addition, these people spaces should:

a. Be comfortable and of human-scale;

b. Include such amenities as fountains, benches, seating walls, and landscape plantings; and

c. Provide moderate protection from the elements.

6. Variations in Building Footprints. Site plans should be designed so that building footprints are articulated in accordance with the architectural standards of AVMC 15.62.090 and 15.62.100. That is, buildings should incorporate variations composed of insets, entries, corners, and jogs integrated with adjacent outdoor areas in order to create intricate and inviting pedestrian spaces.

7. Sidewalks Within Parkways. On arterial frontages, sidewalks should be placed within the landscaped parkway rather than adjacent to the curb so that there is a landscaped buffer on both sides of the sidewalk (see also AVMC 15.62.060, Landscaping and screening). Parkways should be of sufficient width to accommodate both the sidewalk and the street tree root zones. This sidewalk placement should be used notwithstanding county standard plans for sidewalks.

D. Preservation of Views. Because of its beautiful setting and hilly topography, Aliso Viejo enjoys unsurpassed view opportunities. Therefore, project site planning should carefully consider access to views by both project patrons and the general public. Projects should be oriented and site planned so that panoramic and mid-range views are promoted, both from within a project and from the adjacent streets and neighborhoods. Further, projects should be conceived and designed to protect, to the greatest extent feasible, existing vistas and panoramas of open space, major landforms, ocean, and special landmarks.

E. Screening of Equipment and Facilities.

1. Applicability. Screening shall be provided for in accordance with this subsection. The decision-making authority may also require screening beyond that required in this section as a condition of approval for a development project if it determines that such measures are necessary to mitigate adverse visual impacts created by the project.

2. Equipment Screening.

a. Roof-Mounted Equipment. Roof-mounted mechanical equipment such as air conditioning, heating or ventilating units or ducting shall be screened from a horizontal line of sight. Such screening shall be architecturally consistent with the building and an integral part of the roof design so as not to appear as an architectural “afterthought.” For flat roofs, an architecturally consistent screen enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. The ground-mounting of mechanical equipment, with appropriate wall or landscape screening, as an alternative to roof mounting is encouraged.

b. Ground-Mounted Equipment. Ground-mounted utility, mechanical, and pool or spa equipment shall be screened from ground view of surrounding properties. Such screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting.

3. Facility Screening. Within development projects, storage and loading areas shall be screened as follows:

a. Storage Areas. All storage, including cartons, containers, materials, or equipment, shall be screened per the provisions of AVMC 15.22.120 (Outdoor storage and display).

b. Parking Areas. Parking areas shall be screened per the provisions of AVMC 15.62.060 (Landscaping and screening).

c. Loading Facilities. Loading platforms and areas shall be designed and screened per the provisions of AVMC 15.38.100 (Loading facilities).

4. Property Screening. Screening shall be installed along all building site boundaries where the premises abut areas zoned for residential or open space uses. Such screening shall be sufficient to provide adequate visual buffering as determined by the director.

5. No Plastic or Corrugated Metal. The use of plastic or corrugated metal for screening material is prohibited unless an exception permit is approved pursuant to AVMC 15.74.070.

F. Trash Enclosures.

1. Applicability. The provisions of this subsection relating to trash enclosures shall apply to residential projects as well as nonresidential projects.

2. Enclosure Placement.

a. Enclosures shall be directly available to collection vehicles to avoid the necessity of substantial hand carrying of containers or hand pushing of dumpsters; and

b. Enclosures shall be located substantially away from the public viewscape and from pedestrian and vehicle circulation areas unless determined infeasible by the decision-making authority.

3. Enclosure Design.

a. Enclosures shall conform to the design standards of the responsible disposal company.

b. Enclosures shall be integrated into the main building or shall be approved freestanding structures architecturally compatible with the buildings they serve.

c. Enclosures shall be constructed on a concrete pad provided with a floor drain connection to the sanitary sewer system or other approved containment method to the satisfaction of the city engineer. Interior concrete or metal curbs shall be provided to prevent damage to the enclosure’s walls from collisions with heavy containers.

d. Enclosures shall be provided with a solid overhead cover integrated into the enclosure design and approved by the planning director and city engineer.

e. Enclosures shall consist of a solid wall on three sides at least six feet in height and a solid self-latching gate on the fourth side at least five feet in height. Gates shall be metal or metal-framed, of heavy duty construction sufficient to withstand hard usage and shall be attached to metal posts securely anchored into the ground. Gates shall be maintained in good working order and shall remain closed except when in use. Walls and gates shall be consistent with the colors and finishes of nearby buildings.

f. The use of plastic or corrugated metal for enclosure walls or overhead covers is prohibited unless an exception permit is approved pursuant to AVMC 15.74.070.

G. Parking Facilities. Since entries and parking lots establish a patron’s first impression of a project, the goal of parking lot design should be to create a friendly and inviting arrival courtyard rather than only a paved area to park cars. To advance this goal, parking facilities shall conform to the design provisions of AVMC 15.62.060.

H. Outdoor Lighting. Outdoor lighting for nonresidential projects shall conform to the provisions of AVMC 15.62.070. [Ord. 2012-141 § 22; Ord. 2011-131 § 3 (Exh. A)].

A. Applicability. The commercial architectural standards of this section shall apply to projects in accordance with the criteria set out in AVMC 15.62.040.

B. Architectural Style and Harmony.

1. Compatibility with Existing Development. Although architectural diversity is encouraged in commercial projects, it is not to be achieved at the expense of harmony with existing development. Thus, though new projects need not imitate the design of surrounding buildings, they nevertheless should be visually compatible with that development. This compatibility can be achieved by incorporating some of the design features of existing development such as materials; colors; architectural details such as door and window design; and roof design, etc. In addition, the space needs of a commercial project should be balanced against the countervailing need to avoid projects so massive as to overwhelm the scale of surrounding residential development.

2. Compatibility with Natural Setting. The natural setting should be respected in the design of new projects. This can be achieved by designing split-level buildings with step-down hillside sites rather than large single pads requiring massive cuts and fills. Also, colors, materials, and styles which harmonize with the natural setting should be used. As an example of the preceding criterion, the construction of large reflective glass buildings on prominent hillsides should be avoided.

C. Building Mass and Form.

1. Single-Story and Multistory Elements. A combination of one-story and two-story elements should be created within the overall form of commercial buildings in order to provide a variety of scale and reduce the perceived building mass. Any building mass above the second story should be substantially set back and reduced in size.

2. Perimeter Mass. The ends of large building masses should be stepped down with subelements in order to create a more human scale for the pedestrian.

3. Articulation. The apparent mass of buildings should be reduced by means of articulation, i.e., the varying of wall planes in depth and/or direction. This also creates visual interest and human-scale outdoor spaces such as patios and terraces. Large blank single-planed walls should be avoided.

4. Use of Architectural Elements. Elements such as canopies, awnings, porches, arcades, and balconies may be used to add wall articulation and provide a varied transition of building mass from ground level to roof.

Note: All sketches in this chapter are intended as examples only. They are not to be taken as the only acceptable design solution for each situation.

D. Building Elevations.

1. Unified Treatment. Commercial building design should incorporate a simple, unified architectural treatment or style which provides a framework for storefronts and signage.

2. Rhythm. Multi-tenant buildings should express a harmonizing rhythm by means of repeated architectural elements such as doors, windows, signing, and the structural frame of the overall building.

3. Wall Tops. The tops of exterior walls should be terminated by a cornice, gable roof projection, or parapet which reinforces the rhythm of the building storefronts.

4. Building Entrances. Entrances should be oriented toward walkways but should be designed to minimize conflicts between people going past and people entering or leaving the store. This can be done, for example, by recessing entrances which open onto walkways less than 10 feet wide into the facade storefront.

5. Ground Floor Interest. Commercial and office buildings should be designed so that the ground floor presents an interesting and varied appearance to pedestrians and motorists. This can be achieved by the liberal use of windows, arcades, architectural detailing, wall murals, artwork, and similar design features.

6. Balconies and Galleries. Balconies should be recessed, cantilevered, or can be supported on columns to form a veranda below. When covered to form a gallery, the balcony contributes an attractive indoor-outdoor element.

7. Verandas, Pergolas and Arcades.

a. These attached ground floor covered walkways are encouraged for commercial and other pedestrian-intensive uses because:

i. They add variety and interest to otherwise monotonous wall planes;

ii. They add partially protected exterior space to a building; and

iii. They provide pedestrian pathways and transitions to indoor spaces.

b. The veranda roof and the pergola’s open rafters should be supported on a concrete, stone, or plastered masonry colonnade or on heavy wooden posts. In Spanish styles, the walkway’s spanning members consist of arches and the structure is referred to as an arcade. For such arcades, use of the barrel arch is appropriate while use of the pointed or parabolic arch is discouraged.

8. Wall Relief. Trellises, frameworks, wood or tile details, artwork, and other features should be designed into otherwise blank walls to avoid sterility and visual monotony.

E. Roofs.

1. Pitched Roofs. Pitched roofs are encouraged for commercial buildings in the city. They may be gable, hip, or shed type, but in all cases should either be full-pitched or should appear so from the street. Any flat portions, such as for equipment wells, should be relatively small and hidden. On larger commercial buildings, pitched roofs should generally be multiplaned to avoid large expanses of monotonous single-planed roofs.

2. Flat Roofs. Though not encouraged, flat roofs may be approved for larger commercial buildings such as discount warehouses, or when the decision-making authority determines that a project’s overall design is amenable to flat roofs and is otherwise consistent with the goal and objectives set out in AVMC 15.62.020. When flat roofs are used, there should be a screening parapet topped with a coping, cornice, or, if determined appropriate to the project’s style by the decision-making authority, a modified mansard. Such mansards should maintain the same roof pitch as surrounding buildings and should be both high and deep enough to create the illusion of being a true roof. Small steeply pitched mansard eyebrows are generally discouraged.

3. Roof Materials. Materials should be fire resistant, such as clay or concrete tile on pitched roofs, and composition materials on flat roofs. Standing-seam metal roofs may also be used if the decision-making authority determines that such a roof is consistent with the character and style of the building. Potentially combustible roof coverings such as wood shakes or shingles shall not be used.

4. Spanish Tile. Two-piece clay or concrete barrel tile should generally be used. However, one-piece “S” tile may be used when the decision-making authority determines that such tile is compatible with the overall building style, e.g., “S” tile is not compatible with traditional Spanish styles but may be so with more contemporary styles. For both tile types, tile should generally be a mixture of lighter and darker colors, producing the appearance of natural variation. Also, tiles should be stacked, i.e., doubled, triplex, and quadrupled, at the eaves and randomly elsewhere over the roof surface to add texture and richness. With two-piece tiles, mud grouting should be placed between the stacked tiles.

5. Screening of Roof Equipment. Roof-mounted equipment (e.g., air conditioning, heating, ventilation, and associated vents and exhausts) shall be screened from a horizontal line of sight pursuant to AVMC 15.62.080.

F. Doors and Windows.

1. Doors. Entry doors may be of many materials and types but should be consistent with the overall building architecture and should generally be of human scale. They should also be inset into the wall as part of an easily understandable building or store entry statement. Porches, canopies, and porte-cocheres may be added as part of the overall entry where space and building use allow.

2. Windows. Windows may be of various types but should usually be rectangular or round headed. They should be recessed into the wall or at least give the appearance of being recessed in order to add articulation to the facade.

3. Awnings and Canopies. Awnings, canopies, and porte-cocheres may be used to mark entrances and windows and provide protection from sun and rain. However, care must be taken to ensure that such elements are tasteful accents and not gaudy distractions (e.g., a green-and-orange striped awning on a Victorian style building) and that they are consistent with the architectural character of the building.

G. Materials and Colors.

1. Variety of Materials. The number and variety of materials on commercial buildings should be limited to avoid confusion and dissonance.

2. Roof Materials. Refer to subsection (E) of this section.

3. Acceptable Wall Materials. Stucco, wood, masonry, river rock veneer, or other durable high-quality materials may be used. If stucco, a smooth, sand, or light lace finish should be used. If wood, highly protective/preservative paints, stains, or other coatings shall be used to ensure attractive appearance over time. If the wall is masonry, then brick, slumpstone, split-face block, or other decorative block may be used.

4. Unacceptable Wall Materials. Untextured concrete block should not be used on any exterior wall open to public view. Also, glass with a reflectivity factor of over 30 percent on the outside surface shall not be used for commercial buildings.

5. Wall Colors. One dominant color should be used for the building walls. Although subdued colors, such as beige, tan, cream, sand, light gray, etc., usually work best as the dominant wall color, bolder colors may be used if the decision-making authority determines they are consistent with the character of the project and would not have an adverse impact on surrounding properties or the streetscape. Also where possible, materials with integral color, such as brick, should be left natural. Metal may be used as wall trim if the decision-making authority determines it is consistent with the style and character of the project.

6. Color Accents. Accent colors bolder than those used for walls may be used on doors, window surrounds, awnings, light fixtures, and surfaces such as cornices and soffits.

7. Wall Graphics. Painted wall graphics, not including signage, may be used for accent and visual integration provided they do not overwhelm other design features in the opinion of the decision-making authority.

H. Focal Elements.

1. Purpose of Focal Elements. The use of focal points in a commercial complex is desirable to provide both orientation and organization. These focal points create a visual counterpoint to the massing of nearby buildings. Examples of important focal elements include fountains, courtyards, and towers.

2. Courtyards. Courtyards and patios may be used to add amenity and interest to individual buildings and to integrate and harmonize adjacent buildings. Also, courtyards, as human-scale outdoor rooms, can contribute greatly to advancing the objective of AVMC 15.62.020, creating projects which are both inviting and user-friendly to people. These spaces, when combined with inviting design embellishments such as awnings and balconies, encourage movement and act as an interface between semiprivate and public spaces. For commercial and related uses, courtyards can act as an entry or as a transition point in a larger pedestrian circulation system. They become locations for people-gathering, meeting points, and entertainment, or simply rest stops for shoppers.

A higher degree of architectural detail should be provided in courtyards in comparison to other spaces. Also, furnishings (seating, pottery, lighting), paving, and plantings should be emphasized and richly detailed. Seating choices and paving patterns directly impact the way the courtyard space is perceived and its overall success as a human space. Therefore, seating choices (low walls, benches, chairs) should be offered in both shaded and sunny areas and paving should be enriched (e.g., pavers, brick, or stamped concrete, though not so rough or irregular as to discourage the use of baby strollers, wheelchairs, or high heels).

3. Fountains. Fountains provide visual interest and auditory relief and should be considered for all projects with semi-enclosed outdoor spaces such as courtyards. When used, fountains may vary greatly in scale and design and may be freestanding or wall-mounted. They may be constructed of carved stone, cast concrete, or other materials and may be enriched by ceramic tile inserts or other detailing. Low-evaporation, water-conserving designs are encouraged.

4. Towers. Towers serve numerous practical and symbolic functions:

a. They create a vivid visual and mental image for a project, providing identity and differentiation from other projects.

b. They become the actual or symbolic center and gathering point for a project.

c. They maintain a sense of orientation within a grouping of buildings.

d. They can serve to terminate a vista or circulation system.

e. They can provide vertical circulation when used as a stairway or lookout point.

f. They can serve as a gateway or point of arrival for a project.

Notwithstanding the preceding list of benefits, towers should not violate the scale of a project by being too tall or massive for the size of the other structures or for the size of the site. In any case, towers shall conform to the provisions of AVMC 15.18.030, Nonresidential development standards. [Ord. 2011-131 § 3 (Exh. A)].

A. Applicability. The office and industrial architectural standards of this section shall apply to nonresidential projects in accordance with the criteria set out in AVMC 15.62.040.

B. Architectural Style and Harmony. The standards relating to architectural style and harmony for commercial projects in AVMC 15.62.090 shall apply equally to office and industrial projects.

C. Building Mass, Form and Elevations.

1. Building Mass. Massing should be simple and possess strongly integrated geometric forms. The massing should relate to the internal function and nature of the space it is intended to enclose.

2. Solid-Void Relationships. Office and industrial buildings should have strong contrast between the solid mass of facade and the lighter elements of the glazing and entry. The facade should clearly identify the entry and direct people to it. Also, the creation of strong shadow lines via recesses and projections is highly encouraged.

3. Articulation. The degree and scale of articulation between office and administrative functions and storage and industrial spaces should not vary within a single building. Also, one-sided architecture, where only the dominant street frontage possesses articulation, should be avoided or should be mitigated by the use of such structures as pergolas and trellises.

4. Lower Floors. The first two or three floors of taller buildings are experienced by pedestrians and motorists at close range. Therefore, design of these lower floors shall reflect the fact that they belong to the streetscape and not the skyline. Design solutions should emphasize color, texture, and other treatments which provide visual interest. Specific elements which may generate this interest include colonnades, awnings, windows, and enriched design details such as tiling. Unrelieved curtain walls used for upper stories should not extend down to these lower floors.

5. Concrete Walls. The surfaces of tilt-up and other concrete walls should be embellished by means of texturing, the use of exposed aggregate, fenestration (wall openings such as doors and windows), variations in wall color, wall graphics, insets and overhangs to create shadow lines, and similar design features to add interest and relief.

D. Entries and Other Elements.

1. Entries. The main public entrance should be readily visible from the parking area or pedestrian connection. Emphasis on the entry can be achieved by concentrating a secondary material at the entry with a major projection or recess. Architectural elements such as a porte-cochere, framework, or skylight may be used to emphasize the entry/lobby areas.

2. Drainage and Utility Structures. Exterior wall drainage, utilities, cabinets, and other systems shall be integrated into the building design.

3. Exterior Building Lighting. Exterior building lighting should consciously reinforce the architectural design by emphasizing entry and design features in addition to providing illumination for security purposes.

E. Roofs.

1. Roof Types. Roofs of smaller buildings may be flat or pitched while those of larger buildings will generally be flat, with the minimum slope necessary for adequate drainage. Flat roofs shall be surrounded by a parapet which is a continuation of the facade material. The screening elements behind the parapet should be constructed of the same material as the facade.

2. Roof Materials. Materials should be fire resistant, such as clay or concrete tile or composition shingles on pitched roofs, and composition materials on flat roofs. Standing-seam metal roofs may also be used if the decision-making authority determines that such a roof is consistent with the character and style of the building. Potentially combustible roof coverings such as wood shakes or shingles shall not be used. Spanish tile should conform to the standards of AVMC 15.62.090, Commercial architecture.

3. Screening of Roof Equipment. Roof-mounted equipment (e.g., air conditioning, heating, ventilation, and associated vents and exhausts) shall be screened from a horizontal line of sight pursuant to AVMC 15.62.080.

F. Materials and Colors.

1. Wall Materials. Allowable wall materials may be divided into two categories: dominant materials which will usually comprise over 70 percent of total wall surface, and secondary materials which cover the remainder and serve as accents or to emphasize entry focal points.

a. Dominant Materials.

i. Stucco.

ii. Brick.

iii. Split-faced or other decorative block.

iv. Glass.

v. Wood.

vi. Textured concrete.

b. Secondary Materials.

i. Any dominant materials from subsection (F)(1)(a) of this section.

ii. Metal.

iii. Tile.

iv. Plaster.

v. Glass block.

vi. Stone.

2. Roof Materials. Refer to subsection (E) of this section.

3. Glass. Glass should not be used over more than 70 percent of the wall surface per elevation and should have a reflective factor of 30 percent or less, on the outside surface.

4. Concrete. Concrete tilt-up construction should not be used for office or mixed use projects. When used for exclusively industrial or warehouse buildings, the exterior surfaces of tilt-up walls should be textured and colored per subsection (C) of this section.

5. Colors. Colors of dominant materials should generally be subdued or earthtone shades (e.g., grays, off-white, tans, beige, and similar) and relatively light. Secondary material colors should complement and be a tasteful accent to the dominant material color. Color palettes should be kept simple, with one dominant color per building and accent colors on doors, window surrounds, address numbers, light fixtures, and architectural details such as cornices and soffits. Bolder and/or more varied colors may be used if the decision-making authority determines they are consistent with the character of the project and would not have an adverse impact on surrounding properties or the streetscape.

6. Wall Graphics. Painted wall graphics, other than signs, may be used for accent and visual integration provided they do not overwhelm other design features in the opinion of the decision-making authority. Wall signs shall be regulated by Chapter 15.34 AVMC.

G. Focal Elements. Focal elements, such as courtyards, fountains, and towers, are encouraged for office and industrial projects under the same standards and limitations described for commercial projects in AVMC 15.62.090. [Ord. 2011-131 § 3 (Exh. A)].

A. Access and Circulation.

1. Alternate Access Routes. Whenever feasible, as determined by the decision-making authority, more than one access should be provided to residential projects in order to ensure safe emergency access into and out of a neighborhood and to provide alternate routes for drivers and pedestrians.

2. Connections to Existing Streets. Street systems for new neighborhoods should connect to existing abutting streets and to nearby parks, community centers, and shopping areas. However, these connections shall be configured so that nonlocal traffic through neighborhoods is discouraged.

3. Circulation System to Be User-Friendly. Residential developments should have a comprehensible circulation system that can be readily understood by residents and visitors alike. Safe and convenient automobile, pedestrian, and bicycle circulation should be provided both to and within all such developments.

4. Project Identification. Identification signs should be provided for all residential projects. Such signs shall conform to the limitations on size, height, and placement set out in Chapter 15.34 AVMC. The project name shall be approved by the decision-making authority in order to ensure appropriateness, aid in identification for emergency services and to avoid duplication with other projects in the city.

5. Project Entry Location. Project entries shall be located as far as possible from intersections in order to minimize congestion and conflicts. Full curb return street-intersection-type entries should be used for multiple-family projects instead of dustpan-type driveways.

6. Project Entry Design. Major entries shall be designed as special statements reflective of the character of the project in order to establish identity for residents and visitors. Entry landscape treatment shall be in accordance with the landscape standards of AVMC 15.62.060.

7. Gate-Guarded Entries. Gate-guarded entries shall be regulated in accordance with city regulations governing gate-guarded neighborhoods as set out in AVMC 15.14.200.

8. Bus Stops. Where transit or school bus stops are located on a project’s arterial frontage, provision should be made for buses to stop out of the flow of traffic. Therefore, bus stop turnouts should be incorporated into the design of site and street improvement plans. Standards of the Orange County Transportation Authority and the Capistrano Unified School District should be taken into consideration in the design of such turnouts.

B. Streets. Streets should be gently curving in order to conform to the topography and provide visual relief. Long straight streets should be avoided.

C. Off-Street Parking Bays. If on-street parking is not permitted, off-street visitor parking bays shall be provided in accordance with the ratios set out in AVMC 15.38.030 (residential parking requirements). These bays should be buffered from the street and/or adjacent driveways by substantial landscape planting.

D. Screening of Equipment and Facilities. Screening of equipment and facilities for residential projects shall conform to the provisions of AVMC 15.62.080.

E. Outdoor Lighting. Outdoor lighting in residential districts shall conform to the provisions of AVMC 15.62.070.

F. Pedestrian Circulation.

1. Pedestrian Access. Project designs often wall off residents from otherwise convenient uses that are within comfortable walking distance by project fencing or landscape planting. For this reason, desirable routes for pedestrians should be anticipated and incorporated into the original project design. Consideration should be given to direct and convenient routes for pedestrians that may be needed apart from the local street system. Where feasible, landscaped pathways, stairways, and sidewalks should connect to important locations within a neighborhood, such as parks or community pools. They should also connect to other desired destinations just outside the neighborhood such as the supermarket, post office, or elementary school.

2. Sidewalk Requirements. Sidewalks should normally be constructed on both sides of residential streets and integrated into the street landscape design. The decision-making authority may approve the elimination of sidewalks from one or both sides where it determines that alternate pedestrian pathways have been provided or that sidewalks would serve no useful purpose.

3. Sidewalk Placement. On local streets, sidewalks may be placed adjacent to the curb. However, on arterials sidewalks should be set back away from the curb by a landscaped parkway to create a more comfortable buffer between pedestrians and automobiles (see also AVMC 15.62.060 regarding frontage landscaping).

4. Pedestrian-Friendly Walkways. Walkway layout should anticipate pedestrians’ desired movements and should provide direct routes for them. For example, walkways should allow pedestrians to cut the corner to change direction without wearing an ad hoc pathway over adjacent grass or groundcover. Also, meandering sidewalks or walkways should contain only shallow curves to avoid frustrating pedestrians with unnecessary detours.

5. Walkway Treatment. Walkways should be easily identified and well-lighted by means of pedestrian-scale fixtures, such as vandal-resistant bollard lights. Also, where textured paving is used, it should not be so rough or irregular as to make walking difficult, especially in high heels, or discourage the use of baby strollers or wheelchairs.

G. Bikeways and Equestrian Trails. Bikeways and equestrian/hiking trails should be provided in conjunction with each residential project in accordance with this code, and other applicable plans and ordinances. Where an off-road bikeway is adjacent to a street, it should be a dual-purpose bikeway/sidewalk unless the decision-making authority determines that bicycle and pedestrian traffic densities warrant the construction of separate bikeways and sidewalks. Also, on arterial street frontages, bikeways and equestrian/hiking trails should be placed within the landscaped parkway rather than adjacent to the curb so that there is a landscaped buffer on both sides of the bikeway or trail.

H. Parks and Open Space.

1. Common Open Space and Recreation Facilities. Common open space and recreational facilities serve the social and recreational needs of the local residents and help make each neighborhood unique. Therefore, in addition to public parkland contributions, residential projects shall provide usable common open space pursuant to AVMC 15.10.030, Residential development standards, and 15.62.060, Landscaping and screening.

2. Design and Location of Common Facilities. The city places a high value on the provision of usable open space and recreation facilities, both public and private. Such usable open space shall be carefully landscaped and flat enough to accommodate both passive and active recreation. Active recreation facilities included within common areas may consist of swimming pools, spas, cabanas, tennis or other game courts, tot lots, free play areas, game rooms, and similar facilities. Common open space and recreation facilities should be:

a. Located in special places in order to create neighborhood focal points;

b. Accessible from all residences via the project’s own pedestrian circulation system;

c. Situated to take advantage of solar orientation; and

d. Screened from prevailing winds and noise from adjacent streets and land uses.

3. Views of Open Areas. Residential projects shall be planned to maximize the feeling of common open space areas within the development. Design methods to achieve this include curving streets and the alignment of a sharply curving or right-angled street toward open areas and views.

4. Individual Dwelling Unit Open Space. Residential projects should provide usable private open space exclusive to each dwelling unit. This space may consist of a yard, patio, deck, or, in the case of multistory projects, a balcony. Private open space must be directly accessible from the individual dwelling and shall be at least partially screened from other nearby units.

I. Trash Enclosures. Residential trash enclosures shall conform to the same provisions as for nonresidential trash enclosures set out in AVMC 15.62.080. [Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A)].

A. Architectural Style and Harmony.

1. Architectural Style. Although the city contains many residential styles, the predominant styles are ranch, modern, and Mediterranean. While these architectural standards seek to incorporate the strongest elements of those styles, such as the blending of indoor and outdoor spaces, they do not insist on rigid adherence to them or to any other particular style. To do so could create a community which soon would become visually dated or one with a repetitious and monotonous appearance. Rather, our objective is to promote both visual diversity and compatibility in new residential development. This will be achieved through architectural innovation and the use of the design principles contained in this section.

2. Compatibility with Existing Development. As in the case of commercial development, proposed residential projects will be judged on how they respect their natural and manmade settings. That is, projects shall be architecturally distinctive yet in harmony with the surrounding natural and manmade environments as set out in AVMC 15.62.090. Thus, though new projects need not imitate the design of surrounding buildings, they nevertheless should be visually compatible with that development. This compatibility can be achieved by incorporating some of the design features of existing development such as materials; colors; architectural details, such as door and window design; roof design, etc.

3. Compatibility with Natural Setting. The natural setting shall also be respected in the design of new projects. Colors, materials, and styles which harmonize with the natural setting shall be used.

B. Building Mass and Form.

1. Building Mass and Corner Lots. Exterior mass and form can be arranged to improve the visual impact of residential buildings on corner lots. Thus, buildings on street corners should be either single-story or should have a significant single-story element on the exterior (street) side of the building.

2. Adjacent One- and Two-Story Buildings. Variety and interest can be achieved within a residential project by varying building heights. This can be done by utilizing both one- and two-story buildings. To provide a harmonious visual relationship between adjacent one- and two-story buildings, however, it is desirable to introduce an intermediate transition between them. This transition can be accomplished by:

a. The introduction of a composite one- and two-story unit between the two buildings; or

b. The use of a single-story element as part of the two-story building on the side next to the one-story building.

3. Mixed-Height Elements in Residential Buildings. By including single-story units or elements in a two-story building, the apparent building size can be reduced. When the single-story portion is an end unit, the visual impact of the building is reduced both at the nearby pedestrian distance and from further away. Alternately, reducing the height of an interior unit helps to visually break the building’s mass into smaller elements.

C. Building Elevations.

1. Articulation. Articulation, the creation of jogs and insets in building walls, adds interest, richness, and intricacy to all buildings. In addition, these changes in plane and height and the use of such design features as porches, bay windows, dormers, and chimneys serve to break up blank walls and avoid the “row-of-boxes” appearance of many residential projects. Therefore, highly articulated residential buildings are strongly encouraged.

2. Side and Rear Elevations. Because of high land costs and other factors, permissible building envelopes are often totally filled up in order to achieve the maximum yield. This practice often results in monotonous flat-planed side and rear elevations. This problem may be avoided by stepping down two-story residential buildings to one-story units on the ends and/or providing wall articulation on the sides and rear of buildings comparable to that on the front. This is especially important on hillside, corner, and through lots where the side and rear elevations are directly visible from a street or from residences above or below.

3. Light and Shadow. The effect of sunlight on a building and the resulting play of light and shadow over its surfaces determine how a building is experienced by the viewer. Because of this, significant recesses are encouraged for buildings. These can be created by means of substantial door and window reveals, eave overhangs, and wall offsets. The resulting strong shadow lines will give the building a feeling of both depth and substance.

4. Creation of Shade. In consideration of the city’s warm, dry climate, homes shall be designed to provide ample shade for outdoor spaces, entries, and windows. This can be achieved by the use of trellises, verandas, awnings, wide eave overhangs, and the combination of careful site planning and building insets, i.e., the two working together so that the building walls themselves provide afternoon shade for outdoor living areas.

5. Entries. Entries, whether on the side or front, shall be designated as a focal point of the elevation and should be immediately identifiable to the viewer. Entries shall be inviting in appearance and covered or inset to provide weather protection. Entries shall also be given varying design treatments to establish individuality and identity for each residential unit.

6. Wall Materials. Wood, stucco, stone, or brick are encouraged, while metal siding is discouraged. For wood, smooth, resawn, or rough sawn finishes may be used. For stucco, smooth, light sand, and light lace finishes may be used. Brick and stone finishes should be left natural.

7. Wall Colors. For wood or stucco, bright colors such as orange or bright white, or intense primary colors such as scarlet red should not be used. In general, pastels, such as off-white or light gray, or light earthtone colors, such as tan or beige, are encouraged for wood or stucco. Brick and stone should be left in their natural colors.

D. Roofs.

1. Form. Roofs are highly visible in any residential project, especially in the city of Aliso Viejo because of its hilly topography and the prevalence of views from uphill areas. Viewed from the street, roofs are as powerful as front elevations in determining the visual quality of the streetscape. A harmonious diversity of roof forms can add variety and interest to a residential street, while roof uniformity can create monotony and lack of street identity. Therefore, roof forms should be varied along each street. One method of doing this is to create different hip and gable-end roof treatments for the same floor plan in production residential projects. Visual interest can be further achieved by varying the rooftop ridges so that some are perpendicular and some are parallel to the street.

2. Type. Pitched roofs, either gable, shed, or hip, are encouraged. Shallow pitches should be used where it is necessary to de-emphasize the apparent building mass. Flat roofs are discouraged because they tend to produce a bland, uninteresting streetscape and do not contribute to an overall sense of quality. However, when flat roofs are used, they shall not cover more than 50 percent of the building’s footprint, and there shall be a screening parapet topped with a coping, cornice, or, if determined appropriate to the project’s style by the decision-making authority, a modified mansard.

3. Materials.

a. Clay or concrete tile or similarly appearing fire-resistant tile is encouraged.

b. Composition shingles may be used only on roofs that the decision-making authority determines have little or no visibility from off site.

c. Composition sheet materials should be limited to flat roofs only.

d. Wood shakes or other wood materials shall not be used.

4. Spanish Tile. For Spanish tile, two-piece clay or concrete barrel tile should generally be used. However, one-piece “S” tile may be used when the decision-making authority determines that such tile is compatible with the overall building style; e.g., “S” tile is not compatible with traditional Spanish styles but may be so with more contemporary styles. For both tile types, tile should generally be a mixture of lighter and darker colors, producing the appearance of natural variation.

5. Colors. A variety of roof colors may be used within a residential project to enhance diversity of roof appearance. Colors should generally be neutral, dark, or earthtone shades (e.g., tans, browns, terra cotta, light gray, charcoal gray) and should complement wall and fascia colors. However, intense colors which might, in the judgment of the decision-making authority, overwhelm the facade or the streetscape should not be used. Examples of such colors include bright white, orange, ceramic blue, etc.

6. Screening of Roof Equipment. Roof-mounted equipment (e.g., air conditioning, heating, ventilation, and associated vents and exhausts) on multifamily buildings shall be screened from a horizontal line of sight pursuant to AVMC 15.62.080.

7. Antennas. Wireless communications, television, dish, amateur radio, and other antennas shall comply with the provisions of Chapters 15.42 and 15.44 AVMC.

E. Doors, Windows, and Trim.

1. Doors and Windows. Deeply recessed doors and windows are encouraged to provide shadow lines and wall relief. All door and window surrounds must be wide enough to match the scale and architectural style of the building.

2. Trim Materials and Colors. Both wood and stucco trim is encouraged for doors and windows. All wood fascia boards, window and door surrounds, and other trim material should be 2x or greater. Smooth, resawn, or rough sawn finishes may be used. Unfinished silver aluminum window frames without trim should not be used on elevations visible from the street. Trim colors should be chosen to complement the wall and roof colors.

3. Glass. Clear or tinted glass may be used in windows and doors. Mirrors or other highly reflective glass should not be used.

4. Awnings. Fabric awnings may be used to provide window shade and colorful accents if consistent with the architectural character of the building and if awning colors are carefully chosen to complement wall and roof appearance. Metal or other materials may be considered if determined consistent with the building’s architecture and materials by the decision-making authority.

F. Garages and Carports.

1. Purpose. In today’s auto-oriented society, substantial space must be given over to the storage of automobiles. In residential areas, this means garages and carports with access onto local streets. It also means garage doors or parked cars which tend to dominate the streetscape. The purpose of this subsection is to offer design features to lessen this dominance and mitigate the attendant visual monotony.

2. Low Density Projects. In lower density projects, such as single-family, duplex and townhouse developments, garages and garage doors are often the most visible architectural feature on the street. Therefore, it is important to avoid the appearance of an unbroken line of garage doors with dwelling units attached as an afterthought. Some or all of the following techniques shall be used to do this:

a. Create a variety of floor plans with different garage orientations and setbacks, including some turn-in garages with garage doors perpendicular to the street.

b. Recess garage doors deeply into the front wall in order to create strong shadow lines and visual relief.

c. Utilize a variety of garage door colors.

d. Add trim moldings onto the door, especially over plywood joints, to break up the otherwise blank expanse and add visual interest.

e. Provide sectional rollup doors to maximize the usable driveway length for parking.

f. Incorporate windows into garage doors to add interest and quality.

G. Accessory Elements.

1. Balconies and Patios. In consideration of southern California lifestyles, residential units in the city should provide strong indoor-outdoor relationships. Therefore, extensions of the indoor living area such as balconies, patios, and decks shall be designed into home plans. It is important to ensure that building floor plans allow space for the later addition of patio covers within the permitted setbacks.

2. Patio Covers. Patio covers, trellises, pergolas and other exterior structures should reflect the character, color and materials of the building to which they are related.

3. Mailboxes. Projects should provide mailboxes for the residences as part of their design details. Individual mailboxes, mailbox clusters, and group mailbox structures should reflect the architectural detailing of the residences or the project’s overall streetscape theme. Mailbox locations should minimize visual impacts while providing easy accessibility. [Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A)].

A. Applicability. The supplemental standards in this section shall apply to all residential projects of 18 or more dwelling units per gross acre, referred to collectively in this section as “higher density.”

B. Purpose. The design standards in this section for higher density residential projects are intended to supplement the overall design standards of this chapter. These standards are to be utilized as criteria for approval or denial of site development permits pursuant to AVMC 15.74.020 for higher density projects. A determination by the decision-making authority that a proposed project fails to conform to these standards shall constitute grounds for denial of the project.

C. Site Planning and Parking.

1. Clustering of Units. Clustering of multifamily units shall be a consistent site planning element. Large projects shall be broken up into groups of structures. The use of single “mega-structures” shall be avoided.

2. Common Open Space. Required common open spaces should be conveniently located for the majority of units. Private open spaces should be near the units they serve, have direct access from the unit and be screened from public view. Projects should have secure open spaces and children’s play areas that are visible from the units.

3. Dispersal of Parking. Higher density projects tend to require large parking areas. If not properly designed, parking facilities can dominate the site and open spaces may be relegated to leftover areas not related to the structures or the people who live there. Whenever feasible, parking should be in garages integrated into each residence. When this is not feasible, dispersed parking courts and/or carport clusters of no more than 30 spaces each should be provided.

4. Separation of Parking Courts. Parking courts should be separated from each other by dwelling units or by a landscaped buffer not less than 30 feet wide.

5. Perimeter Parking and Access Drives. Project perimeters with long access drives, parking lots and rows of carports along public streets should be avoided.

D. Architecture and Materials.

1. Building Articulation. Structures composed of a series of simple yet varied planes assure compatibility and variety in overall building form. To the extent possible, each of the units should be individually recognizable. This can be accomplished with use of balconies, setbacks and projections to help articulate individual dwelling units or collections of units, and by the pattern and rhythm of windows and doors. Building facades should give the appearance of a collection of smaller structures. Long, unbroken facades and box-like forms should be avoided.

2. Roof Articulation. Separations, changes in plane and height and the inclusion of elements such as balconies, porches, arcades, dormers and cross gables mitigate the barrack-like appearance of flat walls and roofs of excessive length. Secondary hipped or gabled roofs covering the entire mass of a building should be used instead of mansard roofs or segments of pitched roof applied at the structure’s edge.

3. Dwelling Unit Entries. Use of long, outdoor corridors providing access to five or more units should be avoided. Instead, entries to dwelling units should be clustered in groups of four or less. Use of distinctive architectural elements and materials to denote entrances is encouraged.

4. Solar Panels. Solar panels should be integrated into the roof design, flush with the roof slope if feasible. Frames should be colored to match roof colors.

5. Utility Equipment. Utility meters and equipment should be screened via screening walls and/or landscaping.

6. Modulation of Blank Walls. Large expanses of blank walls are strongly discouraged. Design techniques that break up long continuous building walls and add visual interest shall be used. Building wall planes visible from public rights-of-way or adjacent developments shall incorporate a combination of vertical and/or horizontal building modulation elements, such as:

a. Wall articulation;

b. Doors and windows;

c. Change in building materials or finishes;

d. Trellises or pergolas;

e. Landscape features;

f. Artwork;

g. Other effective measures approved by the decision-making authority.

7. Four-Sided Architecture. All building elevations visible from streets, parks or other greenways shall display a similar level of quality of materials and workmanship, detail and architectural interest as the front elevation.

8. Building Materials. The following building materials should not be used in higher density projects:

a. Metal siding.

b. Textured or scored plywood and sheet pressboard.

c. Mirrored glass.

d. Stucco board.

e. Plain concrete (except as an accent element in the overall design).

f. Plain concrete block. However, textured concrete block, such as split-faced block, may be used.

E. Landscaping and Open Space.

1. Landscaping per Design Standards. Landscaping shall be provided for all higher density projects in accordance with the provisions of AVMC 15.62.060.

2. Common Open Space. Common open space in higher density projects should have access to sun and shade and opportunities for passive recreation. They should accommodate community activity and should be located in prominent, important, easily accessible places.

F. Mixed-Use Projects. For mixed-use projects, active ground floor uses can be established to increase safety, use and interest at street levels. Retail space, cafes, and restaurants shall be incorporated into the street level of mixed-use projects to increase visual and physical connections between the interiors of new buildings and adjacent streets. Care shall be taken to provide acoustic separation between ground floor nonresidential uses and living spaces located above them. All nonresidential uses shall be located on the ground floor.

G. Projects over 30 Units per Acre. In addition to the preceding design standards of this section, the following standards shall also apply to projects with a density over 30 units per gross acre:

1. Sunlight Access. Buildings of three stories or more should be oriented and spaced to optimize sunlight access to the interiors of new and existing dwellings, both within and adjacent to the subject project.

2. Privacy. The internal layout of buildings and individual dwellings shall take adjoining properties into account. Living areas, windows and private open spaces shall be designed and oriented to preserve interior privacy and avoid overlooking into private outdoor spaces from upper levels where feasible. To that end, the following requirements shall apply:

a. Transparent windows and doors on building faces within 15 feet of an interior side property line should be limited to a maximum of 10 percent of the building face;

b. Balconies should have opaque guardrails.

3. Upper Level Setbacks. The relationship between street width and building height is important in defining the character of a place. Therefore, as required in table 15.18.030, all minimum perimeter setbacks shall be increased one foot for every foot in height above 35 feet (except for setbacks from interior property lines). In addition, the upper levels of tall buildings should be set back farther from the street than the ground level to help create a street-level pedestrian scale and mitigate unwanted wind effects.

4. Roofs. Roofs shall be treated as integral to the overall building design and should include the following design elements:

a. Use of Roof Spaces. Roof spaces should be designed as outdoor amenity areas, taking advantage of access to protected space, sunlight and views.

b. Solar. Provision for solar thermal and photovoltaic systems should be incorporated into roof design.

c. Roof Equipment. Mechanical equipment, vents, elevator penthouses, solar energy and stormwater collectors should be incorporated into the roof design and/or situated to minimize visibility from surrounding ground views. [Ord. 2013-150 § 3 (Exh. A); Ord. 2012-146 § 3 (Exh. A)].

Cross-references: gate-guarded entry design standards, AVMC 15.14.200; gas station design standards, AVMC 15.22.210; parking facility design, AVMC 15.38.070; wireless design standards, AVMC 15.42.050.

It is the purpose of this chapter, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in the application of the city’s rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the city of Aliso Viejo to comply fully with the intent and purpose of fair housing laws. [Ord. 2013-150 § 3 (Exh. A)].

“Individual with a disability” means a person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

“Reasonable accommodation” means providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities for individuals with disabilities. [Ord. 2013-150 § 3 (Exh. A)].

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure may act as a barrier to fair housing opportunities for individuals with disabilities. [Ord. 2013-150 § 3 (Exh. A)].

Notice of the availability of reasonable accommodation shall be prominently displayed at the city’s public counter advising the public of the availability of the procedure for individuals with disabilities. Forms for requesting reasonable accommodation shall be available to the public at the counter. [Ord. 2013-150 § 3 (Exh. A)].

A. Required Information. Requests for reasonable accommodation shall be in writing and provide the following information:

1. Name and address of the individual(s) requesting reasonable accommodation;

2. Name and address of the property owner(s);

3. Address of the property for which accommodation is requested;

4. Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and

5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

B. Confidentiality. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless disclosure is otherwise required by state or federal law.

C. Compliance with Other Regulations. A reasonable accommodation does not affect an individual’s obligations to comply with all other applicable regulations not at issue in the requested accommodation.

D. Assistance with Application. Upon request, the city will provide assistance to an individual needing assistance in making the request for reasonable accommodation to ensure that the process is accessible to individuals with disabilities. [Ord. 2013-150 § 3 (Exh. A)].

A. Reviewing Authority. The reviewing authority for requests relating to the land use and zoning regulations of AVMC Title 15 shall be the director of planning services. The reviewing authority for requests relating to the building and related regulations of AVMC Title 13 shall be the building official.

B. Review Criteria. Requests for reasonable accommodation shall be reviewed using the criteria set forth in AVMC 15.66.070.

C. Decision within 30 Days. The reviewing authority shall issue a written decision on a request for reasonable accommodation within 30 days of the date the request is submitted to the city and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in AVMC 15.66.070.

D. Request for Further Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request. [Ord. 2013-150 § 3 (Exh. A)].

A. Findings for Decision. The decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following findings, all of which are required for approval:

1. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws.

2. The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws.

3. There are no alternatives which may provide an equivalent level of benefit.

4. The requested accommodation would not impose an undue financial or administrative burden on the city.

5. The requested accommodation would not require a fundamental alteration in the nature of the city’s land use, zoning or building policies, practices or procedures.

6. The requested accommodation will not result in a direct and significant threat to the health or safety of other individuals or substantial physical damage to the property of others.

B. Written Decision. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findings in subsection (A) of this section. The written decision shall give notice of the applicant’s right to appeal the decision pursuant to AVMC 15.66.080. The notice of decision shall be sent to the applicant by certified or registered mail.

C. Decision Final Unless Appealed. The written decision of the reviewing authority shall be final unless appealed pursuant to AVMC 15.66.080.

D. Pending Decisions. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. [Ord. 2013-150 § 3 (Exh. A)].

A. Appeal Period. Within 10 days of the date of the written decision, an applicant may appeal the decision to the city council. Appeals shall be made in writing and filed with the city clerk. Appeals shall be heard in accordance with the procedures set forth in AVMC 15.70.080.

B. Assistance by City. Upon request, the city will provide assistance to an individual needing assistance in filing an appeal to ensure that the appeals process is accessible to individuals with disabilities.

C. Information in Appeal. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless disclosure is otherwise required by state or federal law.

D. Other Remedies. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available. [Ord. 2013-150 § 3 (Exh. A)].

The purpose of this chapter is to provide opportunities for energy conservation with respect to residential development pursuant to California Government Code Section 65583(a)(7) and the city’s adopted 2014 – 2021 Housing Element Program 11, Encourage Energy Conservation. This chapter is also intended to create an expedited, streamlined solar permitting process that complies with the Solar Rights Act, as amended by AB 2188 (Chapter 521, Statutes 2014), to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter establishes a procedure for expedited processing and fee waivers when project proponents agree to incorporate environmentally sensitive, sustainable, and energy efficient construction techniques into their projects. Additionally, this chapter establishes a solar education program. [Ord. 2015-168 § 1; Ord. 2014-163 § 3].

“AFUE” means annual fuel utilization efficiency and it measures how much gas is used to heat the home.

“ASHRAE handbook” means a reference to industry standards according to the American Society of Heating, Refrigerating, and Air Conditioning Engineers.

“Domestic hot water needs” means the size of the hot water based on the number of bathrooms and bedrooms within a home.

“Electronic submittal” means the utilization of one or more of the following:

1. Email;

2. The Internet;

3. Facsimile.

“Energy compliant” means the appliance meets the minimum efficiency standards set by the Environmental Protection Agency (EPA).

“FAU” means forced air unit; pushes air through the ducts.

“Livable area” means any area within the home that is part of the insulated space.

“NFRC performance specification U value” is the National Fenestration Rating Council’s specification to measure the flow of heat through the glass.

“SEER value” means seasonal energy efficiency ratio that rates the cooling output of an air conditioner.

“SHGC” means solar heat gain coefficient and is the measure used to determine solar radiation that passes through the glazing of the glass.

“Small residential rooftop solar energy system” means a solar energy system that meets all of the following:

1. Is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal;

2. Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and all state and city health and safety standards;

3. Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability;

4. Is installed on a single or duplex family dwelling;

5. The panel or module array does not exceed the maximum legal building height as defined by the city.

“Solar energy system” has the meaning set forth in California Civil Code Sections 801.5(a)(1) and (2), as such section or subdivision may be amended, renumbered, or redesignated from time to time.

“Ultralow-e and low solar heat gain coefficient” means “lower emissivity,” which describes the additives put into the glazing. The lower the SHGC, the better the insulating capability. [Ord. 2015-168 § 1; Ord. 2014-163 § 3].

Cross-reference: definitions generally, AVMC 1.02.010.

A. Expedited Permit Processing and Fee Waivers. A request for expedited permit processing and fee waivers will apply to individuals applying for the following building permit types and thresholds for residential homeowners:

1. Solar photovoltaic for one-half watt/square foot of the total square footage of the home.

2. Small residential rooftop solar energy systems.

3. Solar thermal which meets 50 percent of the domestic hot water needs.

4. Tankless domestic water heater which eliminates the traditional hot water heater and is the appropriately sized natural gas tankless water heater for the entire house.

5. Windows and doors containing glass that replaces 90 percent of total windows and glass door area within the livable area of the home with an ultralow-e and low solar heat gain coefficient. The glass must meet the following NFRC performance specification: U value = 0.34 and SHGC = 0.33 or lower.

6. High efficiency air conditioning units with a SEER rating of 16.

7. High efficiency FAU with an AFUE rating of 78 percent.

B. Solar Education Program. The solar education program will be promoted citywide to encourage use of passive solar systems in new and rehabilitated residential construction to improve energy efficiency of housing units. The citywide promotion shall include educational information made available on the city’s website, through various social media outlets, city meetings, and at the public counter at City Hall. [Ord. 2015-168 § 1; Ord. 2014-163 § 3].

Notice of the availability of expedited processing and 25 percent fee waivers for residential homeowners incorporating the energy efficient measures described in AVMC 15.68.030(A) shall be prominently displayed at the city’s public counter located at City Hall to inform the public of the new procedure. [Ord. 2015-168 § 1; Ord. 2014-163 § 3].

A. Required Information. Requests for expedited processing and/or fee waivers shall be submitted to the city in writing on the city’s application for building permits and all requests shall provide all of the following information, data and related submittals:

1. Name and address of the individual(s) requesting the building permit with the expedited processing and fee waiver.

2. Name and address of the property owner.

3. Name and address of the property for which the building permit with the expedited processing and fee waiver is requested.

4. Description of the work and identification of the AVMC 15.68.030(A) criteria that are met by the proposed scope of work.

5. For a solar photovoltaic project, other than a small residential rooftop solar energy system, in addition to the required information identified in subsections (A)(1) through (4) of this section, three sets of complete plans are required prior to the issuance of a building permit for solar photovoltaic. The plans shall include a site plan, electrical plan, and construction details.

6. For small residential rooftop solar energy systems, in addition to the required information identified in subsections (A)(1) through (4) of this section, submission of the city’s completed checklist and standard plans, which substantially conform to the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research, and are available on the city’s website.

7. For a solar thermal project, in addition to the required information identified in subsections (A)(1) through (4) of this section, three sets of complete plans are required prior to the issuance of a building permit for solar thermal. The plans shall include a site plan, electrical plan, and construction details (including manufacturer and plumbing details).

8. For a tankless water heater, in addition to the required information identified in subsections (A)(1) through (4) of this section, three sets of complete plans including current, applicable California Energy Code compliance forms are required prior to the issuance of a building permit for a tankless water heater. The plans shall include a site plan, water lines, gas lines (size and length), venting and electrical for installation.

9. For window(s) and/or door(s), in addition to the required information identified in subsections (A)(1) through (4) of this section, three sets of complete plans including current, applicable California Energy Code compliance forms are required prior to the issuance of a building permit for windows and doors. The plans shall include a site plan, elevation plan if the windows/doors are in a new location/size, and floor plan with identified window/door types and sizes, and energy ratings of new glazing as well as proof of homeowners’ association approval.

10. For an air conditioner, in addition to the required information identified in subsections (A)(1) through (4) of this section, three sets of complete plans including current, applicable California Energy Code compliance forms are required prior to the issuance of a building permit for an air conditioner. The plans shall include the site plan with the location of the air conditioning unit(s) with the SEER rating as well as proof of homeowners’ association approval for new installations (rather than replacement units).

11. For an FAU, in addition to the required information identified in subsections (A)(1) through (4) of this section, three sets of complete plans including current, applicable California Energy Code compliance forms are required prior to the issuance of a building permit for a FAU. The plans shall include the site plan with the location of the FAU and AFUE rating for new installations (rather than replacement units).

B. Electronic Submittals for Small Residential Rooftop Solar Energy Systems.

1. Electronic submittal of the required permit application and documents by electronic means shall be made available for small residential rooftop solar energy systems permit applicants. The city’s website shall specify the permitted method of electronic document submission.

2. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. [Ord. 2015-168 § 1; Ord. 2014-163 § 3].

A. Reviewing Authority. The reviewing authority for all the permits identified under AVMC 15.68.030 shall be the building official, and for windows and doors (AVMC 15.68.030(A)(5)) and air conditioning units (AVMC 15.68.030(A)(6)), the reviewing authority shall also include the director of planning services or his or her designee.

B. Expedited Processing. If all of the information is submitted and approved pursuant to AVMC 15.68.050, including supporting documents, and within the building department’s public counter hours, a permit shall be issued on the day of the approval by the building official, or his or her designee.

C. Incomplete Applications. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

D. The city shall not condition approval of an application for a solar energy system on the approval of an association, as defined in California Civil Code Section 4080. [Ord. 2015-168 § 1; Ord. 2014-163 § 3].

A waiving of 25 percent of the building permit fees shall be applicable when the agent or the residential homeowner applying for one of the permits identified under AVMC 15.68.030(A) meets the required threshold in that section. [Ord. 2015-168 § 1; Ord. 2014-163 § 3].

A. Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner.

B. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but the inspection timing need not conform to the requirements of this chapter. [Ord. 2015-168 § 1].