This title is adopted pursuant to Section 11 of Article XI of the California Constitution, the State Planning and Zoning Law (Government Code § 65000 et esq.), the California Environmental Quality Act (Public Resources Code § 21000 et seq.), and other applicable State laws. The purpose of this title is to promote the public health, safety and general welfare in the City of Laguna Woods.

(Ord. No. 03-03, § 5(18.10.010), 4-16-2003)

This title is intended to achieve the following objectives:

(1)

To enhance and implement the General Plan;

(2)

To provide a guide for the growth and development of the City in accordance with the Government Code;

(3)

To secure for the citizens of Laguna Woods the social and economic advantages resulting from an orderly planned use of its land resources;

(4)

To encourage, classify, designate, and regulate the uses of land, buildings and structures to serve the needs of commerce, residences and other purposes in appropriate places;

(5)

To establish conditions which will allow all of these land uses to exist in harmony within the community;

(6)

To prevent the overcrowding of land, to avoid undue concentration of population and to maintain a suitable balance between structures and open spaces;

(7)

To lessen congestion on streets and to promote a safe, efficient traffic circulation system;

(8)

To ensure that adequate off-street parking and loading facilities will be installed and maintained;

(9)

To facilitate adequate provisions for community utilities, such as transportation, water, sewage, parks, and other public requirements;

(10)

To protect and enhance real property values;

(11)

To promote the stability of existing land uses and to protect them from incompatible and harmful intrusions.

(Ord. No. 03-03, § 5(18.10.015), 4-16-2003)

This title shall apply to all incorporated land within the City of Laguna Woods.

(Ord. No. 03-03, § 5(18.10.020), 4-16-2003)

Whenever any provision of this title and any other provision of law, whether set forth in this title or in any other law or ordinance, impose overlapping or contradictory requirements, or certain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this title. In no case shall a resolution supersede or overrule an ordinance. However, a discretionary permit approved through the requirements of this Code may have more restrictive development standards than specified in the enabling ordinance. Where specifically allowed by the enabling ordinance, a discretionary permit may relieve certain development standards.

(Ord. No. 03-03, § 5(18.10.025), 4-16-2003)

When the provisions of this title, or a specific plan text do not clearly define or designate a use within a specific category, when the nature or characteristics of a use are such that the use could be included within more than one definition, and when there is some uncertainty as to which regulations are applicable in a specific instance, the Director shall determine which regulations are applicable. Whenever reference is made to any regulations of this title, the reference applies to all amendments and additions now or hereafter made. Uses, structures, conditions, and situations that are not addressed in a specific plan text, but are addressed in this title, shall be governed by this title.

(Ord. No. 03-03, § 5(18.10.030), 4-16-2003)

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

(1)

The proposed use is consistent with the goals and policies of the General Plan.

(2)

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

(3)

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

(4)

The proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use.

(Ord. No. 03-03, § 5(18.10.035), 4-16-2003)

If a use, structure or activity regulated under the scope of this title, as set forth in this section, is not expressly permitted pursuant to provisions of this title, such use, structure or activity is prohibited.

(Ord. No. 03-03, § 5(18.10.040), 4-16-2003)

This title is not intended to abrogate, annul, or impair any easement, covenant, or other agreement between parties, except that where this title imposes a greater restriction or higher standard than that required by such agreement, this title shall control.

(Ord. No. 03-03, § 5(18.10.045), 4-16-2003)

If any portion of this title is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions thereof. The City Council of Laguna Woods hereby declares that it would have enacted this title and each portion thereof irrespective of the fact that any one or more portions be declared invalid or ineffective.

(Ord. No. 03-03, § 5(18.10.050), 4-16-2003)

Except as otherwise allowed by the nonconforming uses section of this Code, or as authorized by variance, no uses or structures shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed, and no lot lines shall be created or changed, except in conformity with this title.

(Ord. No. 03-03, § 5(18.10.055), 4-16-2003)

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any provisions of this Code. The issuance of a permit shall not prevent the Director from thereafter requiring the correction of violations of this title or of any other ordinance of the City of Laguna Woods.

(Ord. No. 03-03, § 5(18.10.060), 4-16-2003)

Dedicated public street right-of-way areas shall not be subject to the land use regulations of the Zoning Code. Within private street areas and streets offered for dedication to the public, but not accepted, the Zoning Code applies in its entirety.

(Ord. No. 03-03, § 5(18.10.065), 4-16-2003)

Land owned in fee by the City of Laguna Woods or land leased to the City of Laguna Woods shall be subject to the land use regulations of the Zoning Code or any specific plan adopted under this title.

(Ord. No. 03-03, § 5(18.10.070), 4-16-2003)

The following describes the effect of the provisions of this title on development agreements, building permits, and approved vesting maps existing at the time of the enabling ordinance:

(1)

Development agreements. Notwithstanding any provision of this title, any development agreement that is valid as of the effective date of this title shall remain in full force and effect until expiration or amendment of said agreement. Permitted land uses, development standards, and other zoning provisions referred to in such a development agreement shall supersede the provisions of this title.

(2)

Building permits. Any development project approved prior to the effective date of this title for which a building permit has been issued within 180 days after the effective date of this title may be constructed in accordance with the zoning regulations in effect at the time of its approval, provided all other regulations are satisfied. Any project for which a building permit has not been issued within 180 days after the effective date of the ordinance from which this title is derived shall comply with this title.

(3)

Approved vesting maps. Any vesting tentative tract or parcel map which was approved pursuant to earlier ordinances of the City which is now inconsistent with this title may be continued and completed in accordance with provisions of its approval, provided it is completed within the time limit in effect at the time of its approval without extension of time thereof and provided it complies with all other ordinances and laws in effect at the time of its approval.

(Ord. No. 03-03, § 5(18.10.075), 4-16-2003)

Notwithstanding any provision of this title, the limitations on density, unit counts, square footages, floor are ratios, and other similar measures established in the General Plan shall constitute the upper limit of development intensity for all land in the City

(Ord. No. 03-03, § 5(18.10.080), 4-16-2003)

The purpose of these provisions is to ensure compliance with this title. They shall apply to the enforcement of this title, but shall not be deemed to exclude other remedial measures. In addition to other penalties and procedures provided by law, upon a finding of any City official vested with the authority to enforce various provisions of this title that a violation exists, he may issue an administrative citation pursuant to the provisions outlined for administrative citations contained within the City of Laguna Woods Municipal Code.

(1)

Duty to enforce.

a.

Director. It shall be the duty of the Director or the appropriate City Inspector to enforce the provisions of this title pertaining to the use of land, the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure including inspections and final inspections.

b.

Health Officer. It shall be the duty of the Health Officer of Orange County, or his/her designated agent(s), to enforce the provisions of this title pertaining to the use and maintenance of a property, structures, and buildings so far as matters of health are concerned.

c.

Sheriff. It shall be the duty of the Sheriff of Orange County, or his/her deputies, and of all Officers of the County otherwise charged with the enforcement of the law, to enforce this title.

d.

Other (Code Enforcement). All other Officials, employees, agencies and departments of the City of Laguna Woods vested with the authority to issue permits, certificates, or licenses shall comply with this title and shall issue no permits, certificates, or licenses in conflict with this title. The issuance of a permit that is in conflict with the applicable zoning code shall not constitute a waiver of the provisions of that applicable Zoning Code.

(2)

Inspection to ensure compliance. Whenever they shall have cause to suspect a violation of any provision of this title; or whenever necessary to investigate either an application for granting, extension or modification, or in action to suspend or revoke a discretionary permit; or whenever necessary to investigate a proposed zone change, the Officials responsible for enforcement or administration of this title, or their designated agent(s), may after permission from the owner or occupant enter any building site, or building or structure thereon, for the purpose of investigation provided they shall do so in a lawful manner. If the owner and/or occupant refuses to grant the Officials permission to enter the premises, the Officials may obtain a search warrant for entrance onto the premises.

(3)

Violations of this title.

a.

Misdemeanor.

1.

All violations of this title committed by any person, whether as agent, employee, officer, principal, or otherwise, shall be a misdemeanor.

2.

Every person who knowingly provides false information on any type of zoning related application or map filed with the City shall be guilty of a misdemeanor.

3.

Every person who fails to stop work when so ordered by the Director because of an apparent violation of this title shall be guilty of a misdemeanor.

4.

Every person who, having received notice to appear in court to answer a related charge, willfully fails to appear shall be guilty of a misdemeanor.

5.

A misdemeanor may be prosecuted by the City in the name of the people of the State of California, or may be redressed by civil action. Each violation is punishable by a fine of not more than $1,000.00, or by imprisonment in the County jail for a term of not more than six months, or both such fine and imprisonment.

6.

Every person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued, or permitted by such person.

b.

Violation considered a public nuisance.

1.

Any building or structure erected, constructed, moved, altered or maintained and/or any use of property contrary to the provisions of this title shall be and the same is hereby declared to be unlawful and a public nuisance, and any failure, refusal, or neglect to obtain a permit as required by the terms of this title shall be prima facie evidence of the fact that a public nuisance has been committed.

2.

The City may commence an appropriate civil action to abate a public nuisance pursuant to Title 1, Sections 1.08.030 through 1.08.140.

c.

Injunction. This title may also be enforced by injunction issued by the Superior Court upon suit by the City of Laguna Woods.

d.

Fees to correct violation. Failure to pay fees and obtain applicable permit(s) shall be deemed a violation of this Code. Violation shall result in the assessment of double permit fees prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Code nor from any other of the penalties prescribed herein.

e.

Remedies. All of the foregoing remedies shall be cumulative and not exclusive, except when otherwise provided.

(Ord. No. 03-03, § 5(18.40.100), 4-16-2003)

State Law reference— Penalty for ordinance violation, Government Code § 36900 et seq.

(a)

Uses lawfully established. This section is subject to Government Code § 65852.25. Uses that were lawfully established but are now nonconforming with existing zoning regulations may be continued. However, except per Subsection (c) below, the use may not be increased and the structures or land area related to the nonconforming use may not be expanded in size. Repairs or improvements to structures related to nonconforming uses shall be regulated by Subsection (b) below. If a nonconforming use is discontinued for a period of one year, future use of said land shall be in conformity with all existing zoning regulations. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, "restriction" being defined as the numerical parking requirement for the intended use.

(b)

Structures lawfully established. Structures that were lawfully established but are not nonconforming with existing site development standards may be continued.

(1)

Repairs or improvements. Repairs or improvements done in a period of 12 months not exceeding 50 percent of the value of the structure, as determined by the Director, shall be permitted.

(2)

Destroyed structures. If a structure is destroyed by fire, flood, explosion, act of God or public enemy to the extent of more than 50 percent of the value thereof, as determined by the Director, then the said structure and use and occupancy thereof shall be subject to all existing zoning regulations.

(3)

Additions or enlargements. A nonconforming structure that conforms to use but which does not conform to the development standards, may be added to or enlarged only to the extent that such addition or enlargement fully complies with the existing development standards.

(4)

Determination of value. In making his determination of the value of the structure as provided herein, the Director may utilize any appropriate data available including, but not limited to, recent comparable sales information and County Assessor assessments to the extent that these, in his opinion, a reflective of true market value.

(c)

Exceptions. Exceptions to the regulations in Subsections (a) and (b) above may be granted with a use permit approved by the Planning Commission.

(Ord. No. 03-03, § 5(18.40.200), 4-16-2003)

(a)

Certificate required. No vacant land in any zone established under the provisions of this title shall hereafter be occupied or used, except for agricultural uses other than livestock farming, poultry or small animal raising or dairying, and no building hereafter erected, structurally altered or moved in any such zone shall be occupied or used until a certificate of use and occupancy shall have been issued by the Director.

(b)

Application for building. Application for a certificate of use and occupancy for a new building or for an existing building that as been altered or moved shall be made in compliance with the provisions of the Building Code as adopted by the City Council.

(c)

Application for use. Written application for a certificate of use and occupancy for the use of vacant land or for a change in the character of the use of land, as herein provided shall be made before any such land shall be so occupied or used, except for agricultural purposes other than livestock farming, poultry or small animal raising or dairying.

(d)

Administration. No certificate of use and occupancy shall be issued until a finding has been made that the building or proposed use of building or land complies with all applicable zoning regulations and with the conditions and requirements of any applicable discretionary permit. A record of all certificates of use and occupancy shall be kept on file permanently in the office of the Director, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(e)

Filing fee. A filing fee to defray the cost of processing applications for certificate of use and occupancy shall be paid in accordance with the fee schedule currently in effect as adopted by resolution of the City Council.

(Ord. No. 03-03, § 5(18.40.300), 4-16-2003)