Lake Forest City Zoning Code
CHAPTER 9
144 GENERAL REGULATIONS
§ 9.144.010 General regulations.
All references to this section shall include Sections 9.144.010.1 through 9.144.010.2.
B.
Application. The General Regulations apply to all zones and all uses of land unless otherwise stated. Whenever two or more conflicting regulations apply to the same property, the more restrictive shall apply. Violation of the General Regulations is a violation of the Zoning Code.
(Ord. 176 § 1, 2007)
§ 9.144.010.1 Requires street and highway dedication and improvements.
When a building site abuts and enjoys a right of vehicular access to or from a local street or arterial highway, no building permit and no certificate of use and occupancy shall be issued for any use except single-family dwellings until the right-of-way for such street or highway, for the length of the frontage of the site actually to be used for such purposes, including parking, has been dedicated to or vested in the City of Lake Forest and such right-of-way has been improved by installation of paving, curbs, gutters, drive approaches, sidewalks where required and street drainage, in compliance with the provisions and specifications of the "Orange County Standard Plans" as adopted by the City through Section 14.05.010, and as amended. However, if at the time of development of the property, the Director of Community Development finds that the installation of such improvement is physically inappropriate prior to commencement of development of the property, the property owner may enter into an agreement with the City of Lake Forest guaranteeing the installation of such improvements within a specified time; and the City may require a faithful performance bond, a cash deposit, a letter of credit, or such other means that will guarantee the completion of such improvements.
(Ord. 176 § 1, 2007)
§ 9.144.010.2 Required drainage fees.
When a building site is located within the boundaries of an adopted master plan of drainage, no building permit and no certificate of use and occupancy shall be issued for any use except single-family dwellings until drainage fees pertaining to the gross area of the site have been paid in the amount set forth in the drainage fee schedule adopted by the City Council in conjunction with the adoption of such master plan of drainage.
At the discretion of the City Council, dedication of rights-of-way, actual construction, installation or design by a registered Civil Engineer of improvements described in such adopted master plan of drainage, or any combination thereof, may be accepted in lieu of the payment of the aforementioned fees. The funds derived from the drainage fees imposed shall be utilized only for the construction of local drainage facilities for the disposal of surface and stormwaters from the local drainage area in which such building or land is located.
(Ord. 176 § 1, 2007)
§ 9.144.020 Building site requirements.
All references to this section shall include Sections 9.144.020.1 through 9.144.020.3.
No building permit and no certificate of use and occupancy shall be issued for a building or use of land until the Director of Community Development has verified by official records that the parcel of land upon which such building or use of land is to be established is a building site.
A.
Any parcel of land that was established as a building site by the recordation of a final tract map, a final parcel map, a record of survey recorded pursuant to an approved division of land, a lot line adjustment, a certificate of compliance; or by a deed of conveyance or contract of sale or in any other legal manner recorded prior to May 24,1962, and which complied with all of the requirements of all of the County ordinances in effect at the time of recordation in the office of the County Recorder (or the Los Angeles County Recorder, if recorded prior to the formation of Orange County) is considered to be a building site.
B.
A building site may be created by the recordation of a final tract map, a final parcel map, or a lot line adjustment. The creation of any building site shall conform to the following requirements:
C.
Each building site shall either:
1.
Abut a public street, having a right of access for vehicles and pedestrians, and enjoy practical and physical access to such street, for a minimum width of 20 continuous feet; or
2.
Have a recorded right of access for vehicles and pedestrians for a minimum continuous width of 20 feet (16 feet paved) via street or other vehicular accessway, and enjoy practical and physical access, from the building site to a public street.
D.
Building Site Area.
1.
Building site area shall be calculated by measuring the site horizontally as a level plane. Rights-of-way or easements that prohibit surface use of the property shall be excluded from the calculation.
2.
That portion of a panhandle or flag building site that is used for access purposes and is under 40 feet in width shall not be used in calculating the area of the building site.
3.
Building sites established by subsection (a) above that are subsequently reduced in area by rights-of-way or easements that prohibit the surface use of property may be established as legal building sites if the Director of Community Development determines that the site will be able to provide a building envelope comparable to similar building sites in the area.
(Ord. 176 § 1, 2007)
§ 9.144.020.1 Establishing district symbols for building site requirements.
In any district the minimum required building site area or width or the maximum permitted building height may be different from that set forth in the regulations of the district if so specified on the zoning district map. Such specifications shall be shown in the following manner:
A.
A number preceding and connected by a hyphen with the district symbol shall designate the minimum required building site width in feet.
Example: 150-CH
B.
A number following and connected by a hyphen with the district symbol shall designate the minimum required building site area. Where the number is greater than 100, it shall indicate the area in square feet; where the number is less than 100, it shall indicate the area in net acres.
Example: CC-10,000 or CN-4.
C.
A number following the district symbol and enclosed by parentheses shall designate the minimum number of square feet of land area required for each dwelling unit.
Example: R4-(4,000) or R4-(4,000) PD(3,000)
D.
In any district the maximum building height may be different from that set forth in the regulations of the district by designation of such different height limit upon an official zoning district map as follows: Where a number is shown below and separated by a line from the district symbol or symbols, said number shall designate the maximum height of any building or structure in feet.
Example: CC / 65.
(Ord. 176 § 1, 2007)
§ 9.144.020.2 Building site reduced by acquisition for public use.
A.
Unimproved Building Site. If a portion of building site containing no structures is acquired for public use by condemnation, dedication, purchase or any other means, the status of the remainder of the building site shall be determined as follows:
1.
If such remainder has 80% or more of the required area and width required by the district regulations at the time of acquisition, such remainder shall constitute a building site.
2.
If such remainder has less than 80% but not less than 50% of the required area or width, or both, but otherwise meets all of the requirements for a building site, the public agency concerned may file an application for a use permit, whether or not the acquisition has been completed, to establish if such remainder shall constitute a building site.
3.
A property owner may apply for a use permit at any time to establish the status of such remainder.
B.
Improved Building Site. If a portion of a building site improved with structures is acquired for public use by condemnation, dedication, purchase or any other means, the status of the remainder of the building site shall be determined as follows:
1.
If such remainder has 80% or more of the area and width required by the district regulations at the time of acquisition, such remainder shall constitute a building site.
2.
If such remainder has less than 80% but not less than 50% of the required area or width, or both, but otherwise meets all of the requirements for a building site, the public agency concerned may file an application for a use permit, whether or not the acquisition has been completed, to establish if such remainder shall constitute a building site.
3.
If such remainder has setbacks or distances between buildings which have 80% or more of the depth or width, or both, required for each of such spaces, they shall constitute the required spaces.
4.
If such remainder has setbacks or distances between buildings which have less than 80% but not less than 60% of depth or width, or both, required for each of such spaces, the public agency concerned may file an application for a use permit, whether or not the acquisition has been completed, to establish if such spaces shall constitute the required spaces.
Furthermore, the public agency concerned may file an application for a use permit, whether or not the acquisition has been completed, to establish yards or distances, between buildings associated with structures to be relocated, consisting of less than 80% of the depth or width, or both, required for such space.
5.
A property owner may apply for a use permit at any time to establish the status of such remainders.
C.
Conflicts With Other Requirements. Any conflict with the requirements of the Zoning Code other than those inherent in preceding paragraphs A and B, caused by acquisition for public use by condemnation, dedication, purchase or any other means, shall be subject to approval by the approving authority as provided for in Section 9.184.010. Any use permit application filed pursuant to the provisions of this section shall not be approved unless the approving authority finds:
1.
The remainder of the building site is appropriate for the uses permitted by the applicable zoning regulations and will not result in the creation of any hazardous or nuisance activities or conditions; and
2.
Any permitted use existing or to be established on the remainder portion will not create any conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses on surrounding properties.
(Ord. 176 § 1, 2007)
§ 9.144.020.3 Determination of building site width.
In any district zoned for residential uses when a minimum building site width is required, such required width shall be determined by measuring the distance between the sidelines of the building site along a line parallel to a straight line joining the foremost points of the side property lines, and 20 feet, at the closest point, from the ultimate street right-of-way line. However, in the case of a panhandle building site or a building site not abutting a street or alley and gaining access by an easement, the width of the building site shall be determined by measuring the distance across the building site along a straight line in any direction.
In any district other than a residential district, when a minimum building site width is required width shall be determined by measuring the distance between the points of intersection of the side property lines with the ultimate front street right-of-way line.
(Ord. 176 § 1, 2007)
§ 9.144.030 Setback regulations for buildings and structures.
All references to this section shall include Sections 9.144.030.1 and 9.172.100.
Main buildings and structures, and attached accessory buildings may be constructed or placed on any portion of a building site except within the following areas:
A.
Within the ultimate right-of-way, as defined, shown as existing on the Master Plan of Arterial Highways or within the ultimate right-of-way, as defined, of any local or private street;
B.
Within the setback area established on a precise plan of highway alignment or an official zoning district map;
C.
Within the setback area specified by an applicable building line plan adopted in compliance with the provisions of Section 9.144.040(A);
D.
Within the setback area designated by the applicable district regulations, unless otherwise specified by the provisions of Section 9.146.010.
E.
Within the setback area designated by the building setback charts, Sections 9.144.030 (Residential building setbacks) and 9.172.100 (Non-residential building setbacks), unless otherwise specified by the provisions of Section 9.144.040. Unless otherwise specified by ordinance applicable to the property, the setback distance from any local street and existing arterial highway shall be measured from the ultimate right-of-way line, as defined, of such street or highway.
(Ord. 243 § 12, 2012; Ord. 176 § 1, 2007)
§ 9.144.030.1 Residential building setbacks.
Table 9.144.030.1 Residential Building Setbacks (Not applicable to accessory buildings and structures) | ||||||
|---|---|---|---|---|---|---|
District | Setback Distance in Feet | |||||
From Ultimate Street R/W Line | From Property Line Not Abutting Street | On Panhandle Building Site From Any Property Line | ||||
Front | Side | Rear | Side | Rear | ||
R1 | 20 | 5 | 25 | 5 | 25 or A | 10 |
R2 | 20 | 5 | 25 | 5 | 25 or A | 10 |
R4 | 20 | 5 | 25 | 5 | 25 or A | 10 |
RS | 10 | 10 | 10 | B | 0 | 10 |
RP | 20 | 5 | 25 | 5 | 25 | 10 |
A. | In computing the depth or a rear setback from any building where such setback opens on an alley, private street, public park, one-half of the width of such alley, street, park may be deemed to be a portion of the rear setback, except that under this provision, no rear setback shall be less than 15 feet. |
B. | Ten feet one side only or 10 feet total of two sides combined. |
(Ord. 176 § 1, 2007; Ord. 243 § 13, 2012)
§ 9.144.040 Exceptions to the residential and non-residential building setback charts.
All references to this section shall include Sections 9.144.040.1 through 9.144.040.9.
The building setback for a main building or structure, or attached accessory building may be different than the building setback specified by the residential building setbacks chart (Section 9.144.030.1) or the nonresidential building setbacks chart (Section 9.72.100) when otherwise permitted by the provisions of subsection (A), building line plan, or by the provisions of Sections 9.144.040.1 through 9.144.040.9.
A.
Building Line Plan. A building line plan is a precise plan designating the required setbacks for main buildings and structures, accessory buildings and structures or both, for one or more building sites or for a designated area. Unless otherwise required by the provisions of Sections 9.144.030(A) or (B), a building line plan may be adopted in compliance with the following provisions:
1.
A building line plan shall be adopted in the same manner as a zoning ordinance after required public hearings before the Planning Commission and the City Council.
2.
A building line plan shall become effective 30 days after the adoption of an appropriate ordinance by the City Council.
3.
A building line plan may be either graphic or descriptive. It shall include sufficient information to clearly designate the real property and the types of structures it is applicable to and how required setbacks are determined.
4.
A building line plan shall be designated on the official zoning district map by a parenthetically enclosed asterisk and plan number following the zoning district designation, thus R1 (*000).
Whenever a building line plan has been adopted it shall supersede the provisions of the residential building setbacks chart (Section 9.144.030.1), the nonresidential building setback chart (Section 9.172.100), and the exceptions to the building setback chart listed in Sections 9.144.040.1 through 9.144.040.9. |
(Ord. 176 § 1, 2007; Ord. 243 § 14, 2012)
§ 9.144.040.1 Building setbacks on panhandle building site.
In the case of a panhandle building site, the building shall be set back a minimum of 10 feet from any property line, except as otherwise specified in this chapter.
(Ord. 176 § 1, 2007; Ord. 243 § 15, 2012)
§ 9.144.040.2 Building setbacks on shallow building site.
When a building site has an average depth of 100 feet or less but more than 75 feet, any required front and rear building setbacks need not be more than 20% of such average depth; and when a building site has an average depth of 75 feet or less, any required front and rear building setbacks need not be more than 15% of such average depth, but in no event shall any required front or rear building setback be less than five feet.
(Ord. 176 § 1, 2007; Ord. 243 § 16, 2012)
§ 9.144.040.3 Building setbacks on narrow building site.
When a building site has an average width of less than 50 feet, any required building setback from the interior side property lines need not be more than 10% of such average width but in no event less than three feet.
(Ord. 176 § 1, 2007; Ord. 243 § 17, 2012)
§ 9.144.040.4 Building setbacks based on average of adjoining sites.
Where a building site is situated between two building sites, each of which has a main building within 40 feet of said building site which projects into the required front setback area, the front building setback for said building site need not be set back further than the average of the setbacks of the two adjoining buildings.
(Ord. 176 § 1, 2007; Ord. 243 § 18, 2012)
§ 9.144.040.5 Building setbacks on building site adjacent to a projecting building on one side.
Where a building site abuts and has a sideline common to a site which has a main building within 40 feet of said common sideline which projects into the required front setback area on one side and abuts a vacant building site, a street or permanent open space on the opposite side, the front building setback for said building site need not be set back further than the average of the existing setback on one side and the setback required by the residential building setbacks chart (Section 9.144.030.1) or the non-residential building setbacks chart (Section 9.172.100) for said building site.
(Ord. 176 § 1, 2007; Ord. 243 § 19, 2012)
§ 9.144.040.6 Balconies, decks, porches, terraces, exterior steps and exterior stairways.
Balconies, decks, porches, terraces, exterior steps in excess of 30 inches in height and exterior stairways, unroofed and unenclosed, may project not more than three feet into any required side setback area or the distance required between buildings on the same building site and not more than five feet into any required front or rear setback area, but in no event shall such balconies, decks, porches, terraces, exterior steps or exterior stairways be closer than two feet to any side property line or three feet to any front or rear property line of a building site, when projecting into any required setback area.
(Ord. 176 § 1, 2007)
§ 9.144.040.7 Eaves, cornices, canopies and cantilevered roofs.
Eaves, cornices, canopies, or cantilevered roofs may project a maximum of 40% into any required side setback and 25% into any required front or rear setback and 40% into the space required between buildings on the same building site, but in no event shall such eaves, cornices, canopies or cantilevered roofs to be closer than two feet to any front, side or rear line of the building site when projecting into a required setback area.
(Ord. 176 § 1, 2007)
§ 9.144.040.8 Chimneys, fireplaces, wing walls and other minor architectural features.
Masonry chimneys, fireplaces, wing walls and other minor architectural features, may project into any required front, side or rear setback area a maximum of 24 inches, but in no event shall such chimneys, fireplaces, wing walls and other minor architectural features project into any required setback area so as to be closer than three feet to any property line of the building site.
(Ord. 176 § 1, 2007)
§ 9.144.040.9 Setbacks determined by Director.
Where a building site is situated such that the front, side and rear property lines are not readily determinable, required setbacks shall be as determined by the Director of Community Development in compliance with the following criterion:
Required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses.
(Ord. 176 § 1, 2007)
§ 9.144.050 Height limits.
All references to this section shall include Sections 9.144.050.1 through 9.144.050.8. This section shall also apply to planned communities and specific plan areas unless otherwise stated.
The height of any structure shall not exceed the building height limits specified in the district regulations, except as otherwise specified below.
(Ord. 176 § 1, 2007)
§ 9.144.050.1 Measurement.
A.
When a building site slopes in any direction at an average grade of more than 10% within the front 50 feet of the building site, building height is the vertical distance above an inclined slope to the top of the structure, including screened mechanical and electrical fixtures. The inclined slope is established by enclosing the structure with an imaginary line five feet outside of the perimeter of the structure, or at the property line if it is less than five feet from the structure, and by assuming that all ground area closer is flat.
B.
In all situations not included within A above, the height is the vertical distance above the ground level of finished grade to the top of the structure. This is established by enclosing the structure with an imaginary line five feet outside of the perimeter of the structure, or at the property line if it is less than five feet from the structure, and determining the average elevation from the imaginary line.
(Ord. 176 § 1, 2007)
§ 9.144.050.2 Additional story.
Where the average slope of a lot on the downhill side of a street is greater than one foot tall in four feet of horizontal distance from the established street elevation at the front property line, an additional story will be permitted on the downhill side of any permitted main building which is on the downhill side of the street upon which the building site fronts.
(Ord. 176 § 1, 2007)
§ 9.144.050.3 Architectural features.
A.
Towers, gables, spires, flagpoles, and architectural features not for sleeping or eating quarters or for any commercial purpose may exceed the district building height limit by 10 feet subject to a use permit approved by the Planning Commission per Section 9.184.010.
B.
Elevators, appropriately screened mechanical units, and chimneys which do not exceed 10% of the roof area, nor exceed the district height limitation by more than eight feet will be permitted.
(Ord. 176 § 1, 2007)
§ 9.144.050.4 Hazards to air navigation.
No person, firm or corporation shall undertake construction or alteration which meets the notice criteria of subpart B, Title 14, Part 77 of the Code of Federal Regulations outside the exterior boundaries of any airport (including heliports) available for public use or any military airport, without first notifying the Federal Aviation Administration of the proposed construction, as required by subpart B of Part 77, and receiving, and presenting to the Director of Community Development a determination from the FAA that such construction does not constitute a hazard to air navigation.
(Ord. 176 § 1, 2007)
§ 9.144.050.5 Hazards to air navigation.
No person, firm or corporation shall undertake construction or alteration which meets the notice criteria of subpart B, Title 14, Part 77 of the Code of Federal Regulations outside the exterior boundaries of any airport (including heliports) available for public use or any military airport, without first notifying the Federal Aviation Administration of the proposed construction, as required by subpart B of Part 77, and receiving, and presenting to the Director of Community Development a determination from the FAA that such construction does not constitute a hazard to air navigation.
(Ord. 176 § 1, 2007)
§ 9.144.050.6 Signs.
In no case shall the height of any sign exceed the building height limit specified in the district regulations.
(Ord. 176 § 1, 2007)
§ 9.144.050.7 Antennas.
Radio and television antennas, not including dish antennas, may exceed the district building height limit by 10 feet. However, FCC licensed amateur ham radio operators may have radio towers 70 feet in height measured from ground level. A higher height limit for all antennas may be provided by a use permit approved by the Planning Commission per Section 9.184.010.
(Ord. 176 § 1, 2007)
§ 9.144.060 Screening and landscaping.
All references to this section shall include Sections 9.144.060.1 through 9.144.060.2. Where required by the district regulations, the following minimum requirements shall apply.
(Ord. 176 § 1, 2007)
§ 9.144.060.1 Screening at zoning district boundaries.
A.
An opaque screen shall be installed and maintained along all zoning district boundaries separating parcels zoned for commercial or industrial uses from parcels zoned for residential or agricultural uses. Screening shall not be required between any commercial or industrial parcel(s) and a public or private street, except as required pursuant to a Site Development Permit, Use Permit or other discretionary approval; or by other provisions of this Code. A screen shall consist of one or any combination of the following:
1.
Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick.
Fence, Solid. A solid fence shall be constructed of wood or other materials and shall form an opaque screen.
B.
Height of required screening: Required screening shall be a minimum of six feet tall, except where a shorter height is required by Section 9.144.080. In instances where a grade differential exists between contiguous commercial/ industrial parcel(s) and residential/agricultural parcel(s), the height of the screen shall be measured from the higher grade elevation to the top of the screen.
C.
Notwithstanding the provisions of this code section, any proposed wall/fence that exceeds the limitations specified in Section 9.144.080.5(A)—(D) shall be subject to the provisions of Section 9.144.080.5(F).
D.
No signs or sign supports except those specified in the off-street parking regulations shall be permitted on any required screening.
(Ord. 176 § 1, 2007; Ord. 302 § 26, 2018)
§ 9.144.060.2 Landscaping.
Landscaping, consisting of trees, shrubs, vines, ground cover, turf, decorative rocks, wood chips, or any combination thereof, shall be installed and maintained subject to the following standards:
A.
Boundary landscaping is required for a minimum depth equal to the required setback distance or 10 feet (whichever is less) along all front property lines abutting streets except for the required street openings or residential corner lots where a front or side yard abut an arterial highway and where landscaping would not be readily visible from the public right-of-way.
B.
Landscaping along all streets and boundaries shall be in compliance with Section 9.144.080, Fences and walls.
C.
Any landscaped area shall be separated from an adjacent parking or vehicular area by a wall or curb at least six inches higher than the adjacent parking or vehicular area.
D.
Permanent irrigation facilities shall be provided for all landscaped areas.
E.
Required landscaping shall be maintained in a neat, clean, and healthy condition. This shall include, but not be limited to, proper pruning, mowing of lawns, weeding, removal of litter, fertilizing and watering as needed, and the replacement of plants when necessary.
F.
In addition to other projects that may be subject to Section 9.144.060, the following projects shall be subject to these regulations regardless of the district, planned community or specific plan in which they are located: (1) multifamily projects of five or more units; (2) residential planned developments (common areas only); and (3) commercial/office/industrial projects involving landscaping of more than one cumulative acre.
(Ord. 176 § 1, 2007; Ord. 207 § 2, 2009; Ord. 283 § 2, 2016; Ord. 302 § 27, 2018)
§ 9.144.070 Temporary uses and structures.
All references to this section shall include Sections 9.144.070.1 through 9.144.070.9.
The temporary uses listed in Sections 9.144.070.1 through 9.144.070.9 shall be permitted in any district, planned community, or specific plan area, unless otherwise specifically prohibited.
(Ord. 176 § 1, 2007)
§ 9.144.070.1 Model homes for sales and rentals.
Temporary real estate offices and related signs may be established within the area of an approved tentative tract to be used solely for the first sale of homes or the first rental of apartments in projects of 20 or more units within the same tract, subject to the provisions of this section.
A.
Building Site Not Required. Notwithstanding the provisions of Section 9.144.020, the parcel of land on which a temporary real estate office is established is not required to be a building site provided the parcel is precisely described.
B.
Type of Permit Required. Approval of administrative site development permit by the Director of Community Development shall be required for all model home complexes.
C.
Permitted Structures and Facilities. The following structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved site development permit or use permit:
1.
Model homes in compliance with the zoning regulations applicable to the properties that are being sold.
2.
Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold.
3.
Temporary sales office buildings.
4.
Accessory buildings and structures in compliance with the zoning regulations applicable to the properties that are being sold.
5.
Recreational facilities that will be a permanent portion of the subdivision in compliance with the zoning regulations applicable to the properties that are being sold.
6.
Permanent street and driveways that will be part of the subdivision after the abandonment of the real estate office use.
7.
Temporary children's playgrounds.
8.
Temporary and permanent fencing, walks and structural amenities.
9.
Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests.
10.
Temporary vehicular accessways.
D.
Requirements for Approval. Any approving action shall include those conditions and requirements deemed, to be necessary or advisable to protect the public safety and the general welfare and adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit. In addition to those findings required for the approval of an application, any approving action for a temporary real estate office shall also include the following findings:
E.
Time Limitation.
1.
A site development permit application for a temporary real estate office may be approved for a maximum time period of 18 months from the date of approval. At the end of the 18 month period, the permit may be extended one additional year if it complies with the requirements of subsection B of this section.
2.
A use permit application for a temporary real estate office may be approved for a maximum time period of two years from the date of approval.
(Ord. 176 § 1, 2007; Ord. 243 § 20, 2012; Ord. 333 § 11, 2020)
§ 9.144.070.2 Construction office.
The temporary use of a construction office during the construction of a main building on the same site shall be permitted upon the following conditions.
A temporary construction office shall be removed or shall be converted to a permitted use prior to the issuance of a certificate of use and occupancy for the main building or buildings. If construction is phased over a length of time, the permit may provide that certificates of use and occupancy may be issued for completed buildings, except the last buildings to be completed, prior to removal or conversion of the temporary use.
(Ord. 176 § 1, 2007)
§ 9.144.070.3 Continued use of an existing building during construction.
The use of an existing, lawfully established building may continue during construction or relocation of another building on the same building site, in compliance with the following provisions:
A.
Conformity With Regulations. Prior to occupancy of a new building, the existing building will be brought into conformity with any additional regulation rendered applicable by the placement of any new building on the site. Conformity will be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.
B.
Guarantee of Completion. The Director shall require the landowner to provide a guarantee, which may include a bond, to ensure full compliance with the zoning regulations upon completion of the new building or sooner if, in the Director's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.
(Ord. 176 § 1, 2007)
§ 9.144.070.4 Temporary commercial buildings.
A.
Temporary Commercial Buildings. In all commercial districts and similar areas of planned communities and specific plans, unless otherwise specifically prohibited, a temporary commercial building may be permitted subject to approval of a site development permit per Section 9.184.010 in compliance with the following provisions:
1.
Time Limitation. A site development permit application or a temporary commercial coach may be approved for a maximum of two years from the date of approval.
2.
Cash Bond. A cash bond in the amount of $500 for each commercial coach unit shall be posted with the Director of Community Development to guarantee the removal of each commercial coach unit upon the expiration of the site development permit.
(Ord. 176 § 1, 2007; Ord. 243 § 21, 2012)
§ 9.144.070.5 Mobilehome residence.
A.
Temporary mobilehome during construction of dwelling. In all residential districts and similar areas of planned communities and specific plans, a temporary mobile home is permitted during the construction of a permanent dwelling subject to the approval of a site development permit application per Section 9.184.010 and the following additional requirements:
1.
Such temporary mobilehome shall be located on the same building site and concurrent with the construction of a permanent dwelling.
2.
Such temporary mobilehome shall be permitted for a period of time not to exceed one year, or until the issuance of a certificate of Use and Occupancy for the main building, whichever occurs first. Extensions of time may be granted by an approved use permit by the Planning Commission per Section 9.184.010.
B.
Temporary mobilehome as additional dwelling. In all residential districts and similar areas of planned communities and specific plans, a temporary mobilehome, ancillary to an existing dwelling on the same building site, is permitted subject to the approval of a use permit application by the Planning Commission per Section 9.184.010 and the following additional requirements:
1.
The use permit application shall include evidence as necessary to explain the need and the temporary nature of the proposed use.
2.
The application shall be approved only when there are adequate guarantees that the mobilehome will be removed and the property will be restored to its original estate or to a permitted use within 60 days after the expiration date of the use permit.
3.
Any use permit approved by the provisions of this section shall be for a maximum of two years after the issuance of a certificate of use and occupancy for such use unless a shorter period of time is specified by the permit.
(Ord. 176 § 1, 2007)
§ 9.144.070.6 Christmas tree sales facility.
A temporary Christmas tree sales facility shall be permitted in any agricultural, commercial, or industrial district or in similar areas of planned communities and specific plans, unless otherwise prohibited, and on all church sites and school sites and on vacant residential property abutting arterial highways subject to the following requirements:
A.
Date of Opening. A Christmas tree sales facility shall not be open for business during any calendar year prior to the day after Thanksgiving.
B.
Merchandise to be Sold. A permitted Christmas tree sales facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations.
C.
Electrical Permit. The applicant shall secure an electrical permit from the Director of Community Development if the facility is to be energized.
D.
Removal of Facility. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition prior to the establishment of the facility, within 14 days after Christmas.
E.
Fire Prevention Standards. Each Christmas tree sales facility shall comply with fire prevention standards as approved and enforced by the County Fire Chief.
(Ord. 176 § 1, 2007)
§ 9.144.070.7 Public display of fireworks.
A one day public display of fireworks between June 30 and July 7, including the accessory sales by nonprofit organizations of food, beverages, and merchandise (other than fireworks), shall be permitted in any district, planned community, or specific plan area subject to a permit issued by the Orange County Fire Authority or the Fire Chief. Notwithstanding any other land use regulations, a discretionary zoning permit shall not be required.
(Ord. 176 § 1, 2007)
§ 9.144.070.8 Halloween pumpkin sales facility.
A temporary Halloween pumpkin sales facility shall be permitted in any agricultural, commercial, or industrial district or in similar areas of planned communities and specific plans, unless otherwise prohibited, and on all church sites and school sites and on vacant residential property abutting arterial highways subject to the following requirements:
A.
Date of Opening. A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 4.
B.
Merchandise to be Sold. A permitted Halloween pumpkin sales facility may not sell items not directly associated with pumpkins and Halloween decorations.
C.
Electrical Permit. The applicant shall secure an electrical permit from the Director of Community Development if the facility is to be energized.
D.
Removal of Facility. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility by November 14.
E.
Fire Prevention Standards. The facility shall comply with fire prevention standards as approved and enforced by the County Fire Chief.
(Ord. 176 § 1, 2007)
§ 9.144.070.9 Off-site sale of single, seasonal agricultural products.
A temporary stand for the sale of a single, seasonal agricultural product not grown on-site shall be permitted in any agricultural, commercial or industrial district or in similar areas of planned communities and specific plans, unless otherwise prohibited, and on all church and school sites and on vacant residential property abutting arterial highways subject to the following requirements:
A.
Establishment of Use/Time Limit. Prior to beginning sale of any product, the applicant shall obtain a temporary certificate of use and occupancy for land from the City of Lake Forest. The certificate shall be good for a period of time not to exceed 90 days from date of issuance.
B.
Merchandise to be Sold. The stand shall be limited to the sale of a single agricultural product at any one time.
C.
Electrical Permit. The applicant shall secure an electrical permit from the Director of Community Development if the facility is to be energized.
D.
Removal of Facility. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within 14 days of the expiration of the time limit.
E.
Fire Prevention Standards. The facility shall comply with the fire prevention standards as approved and enforced by the Fire Chief and/or Orange County Fire Authority.
(Ord. 176 § 1, 2007)
§ 9.144.080 Accessory uses and structures.
A.
Purpose and Intent. The purpose and intent of this chapter is to set regulations for accessory structures, fences, swimming pools, and other elements of land use in all zoning districts, planned communities, and area plans, unless otherwise specified. All references to this section shall include Sections 9.144.080.1. through 9.144.080.7.
B.
Applicability. In addition to the principal uses and structures expressly included in a zoning district, planned community, or area plan, accessory uses and structures which are customarily associated with and subordinate to a permitted principal use on the same building site and which are consistent with the purpose and intent of the applicable zoning district, planned community, or area plan are permitted. Accessory uses and structures shall be permitted, subject to the regulations outlined in these sections unless otherwise specified in a planned community or area plan. If a planned community or area plan does not explicitly contain regulations for accessory structures and uses, or if a use or structure that is defined in these Sections is not defined in the planned community or area plan document, the regulations outlined in these sections shall apply. Whenever there is a question as to whether a specific use or structure is permitted as an accessory use, the Director of Community Development shall make the determination.
C.
No accessory structure shall be constructed within the ultimate vehicular right-of-way.
(Ord. 176 § 1, 2007; Ord. 243 § 22, 2012; Ord. 333 § 13, 2020; Ord. 342 § 6, 2021; Ord. 374, 2/4/2025)
§ 9.144.080.1 Detached garages and carports.
A.
Applicability. This section shall apply to the placement or construction of detached garages and carports on any building site used for residential purposes.
B.
Standards. All detached garages and carports shall conform to the following standards:
1.
Detached garages and carports shall conform to height, setback, and maximum lot coverage, and other development standards as applicable to the main building in which the property is located.
2.
Access to detached garages and carports shall be provided via a paved driveway with the following requirements:
§ 9.144.080.2 Patio covers.
A.
Applicability. Patios are permitted as accessory structures on a lot, subject to the requirements of this section. For the purposes of this code, "patio" includes California rooms, trellises, gazebos, and pergolas, as both attached and detached structures.
B.
Standards. All patios shall conform to the following standards:
1.
Setback requirements shall be as follows:
a.
Front Yard Setback. Setback applicable to the main building in which the property is located.
b.
Rear Yard Setback. Three feet from the property line.
c.
Side Yard Setback. Three feet from the property line.
d.
Street Side or Rear Yard Setback. Main building setback or five feet from the property line, whichever is less.
2.
Height Limit. The maximum height of a patio shall be 12 feet.
3.
Except for the cover or roof, a patio shall not be enclosed with solid material, either transparent or opaque, and must remain open on at least one side.
4.
An attached wholly enclosed patio shall maintain the same setback requirements as applicable to the main building. A detached wholly enclosed patio shall be considered a habitable yard building (see Section 9.144.080.3).
C.
Patio setbacks shall be measured from post to the property line. In no event shall the roof eave extend more than three feet into the required front, side, or rear setback.
(Ord. 176 § 1, 2007; Ord. 374, 2/4/2025)
§ 9.144.080.3 Habitable yard buildings.
A.
Applicability. For purposes of this section, a "habitable yard building" means any type of habitable, detached enclosed building, including, but not limited to, guesthouses as defined in Section 9.04.030, pool houses, and other similar structures. This section does not apply to an accessory dwelling unit (ADU) as regulated by Section 9.146.050.
B.
Standards. All habitable yard buildings shall conform to the following standards:
1.
Habitable yard buildings shall conform to height, setback, and maximum lot coverage, and other development standards as applicable to the main building in which the property is located.
2.
Only one habitable yard building may be established on any lot in addition to the primary residence.
3.
The floor area of a habitable yard building shall not exceed 800 square feet.
4.
There shall be no kitchen or cooking facilities within a habitable yard building. This includes a room or portion of a room in a structure used or designed to be used for cooking or the preparation of food. The installation of a cooking appliance, whether a stove, range, microwave, toaster oven or other cooking appliance, plus a sink with running water constitutes a kitchen within this definition.
5.
A habitable yard building shall be used only by the occupants of the main residence, and their guests. The habitable yard building shall not be rented or otherwise occupied independently from the main residence.
C.
Deed Restriction. Prior to issuance of a building permit, a deed restriction shall be recorded against the property to prohibit the use or conversion of the habitable yard building to a rental unit, to a unit for sale, or to add a kitchen or cooking facility, unless permitted in accordance with Zoning Code Section 9.146.050 (Accessory dwelling units).
(Ord. 176 § 1, 2007; Ord. 374, 2/4/2025)
§ 9.144.080.4 Swimming pools, water features, air conditioning units, and other mechanical equipment.
A.
Applicability. This section shall apply to bodies of water (e.g., swimming pools, water features, etc.) which are accessory to residential uses and any associated equipment, in addition to air conditioning units and other mechanical equipment. The term "swimming pool" means a pool, spa, whirlpool or other body of water containing or capable of containing water to a depth of at least 18 inches and used for immersion by humans. The term "water feature" means a body of water used for decorative purposes other than human immersion, such as a fountain, pond, or waterfall.
B.
Swimming Pool Standards. Swimming pools are permitted as accessory uses subject to the following requirements:
C.
Water Feature Standards. Water features are permitted as accessory structures subject to the following requirements:
1.
Setback requirements shall be as follows:
a.
Front Yard Setback. Water features over three and one-half feet in height shall be located outside of the front yard setback.
b.
Side and Rear Yard Setback (under six feet in height). May be placed up to the property line, subject to building or fire code limitations.
c.
Side and Rear Yard Setback (over six feet in height). Three feet from the property line.
2.
Height Limit. Water features shall not exceed three and one-half feet in height in the front yard setback and 12 feet in height outside of the front yard setback area.
3.
Water feature equipment, including pumps, filtration systems, and heaters shall be at least three feet from a property line and shall be screened from public view.
D.
Air conditioning units and other mechanical equipment shall be at least three feet from a property line and shall be screened from public view. Screening of roof-mounted equipment shall be architecturally compatible with the building design.
§ 9.144.080.5 Fences and walls.
A.
Applicability. For purposes of this section, "fences and walls" include any type of fence, wall, retaining wall, sound attenuation wall, screen, hedge, or thick growth of shrubs or trees.
B.
Measurement of Fence Height. Fence and wall heights shall be measured from the base of the fence/wall to the top of the interior or exterior side, whichever is higher. The following provisions shall apply to the measurement of fence/wall height:
1.
Differential Elevations. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, in no case shall such a fence or wall exceed eight feet from the base of the fence/wall to the top when measured from the lower side.
.tif.png "009 Figure 9.144.080.5(A).tif") Figure 9.144.080.5(A): Differential Elevation |
2.
Adjacent Fences. Fences less than 30 inches apart (measured between adjoining faces) shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences 30 inches or more apart shall be considered separate structures and their heights shall be measured independently.
.tif.png "009 Figure 9.144.080.5(B).tif") Figure 9.144.080.5(B): Adjacent Fences |
C.
Fence Location and Height. The height of a fence or wall shall conform to the following height limitations, unless authorized in compliance with the requirements of this subsection:
Table 9.144.080.5(A): Fence Height | |
|---|---|
Location | Maximum Height |
Within front yard setback | 3.5 feet[1] |
Within interior side or rear yard setback | 6 feet[2] |
Within side or rear setback bordering streets | 6 feet |
Within a controlled area vision triangle (see Figure 9.144.080.5(C)) | 3.5 feet |
Outside of a required setback (main building area) | 12 feet |
Notes: | |
|---|---|
1. | Height can be increased above 3.5 feet to a maximum height of 6 feet if constructed outside of the required front yard setback or setback 10 feet from the front property line, whichever is less. |
2. | Where the elevation of an adjoining building site to the side or rear is higher than the base of the fence or wall in the side or rear setback area, the height of the fence or wall may be measured from the elevation of the adjoining building site to the top of the fence or wall. However, in no case shall such a fence or wall exceed 8 feet from the base of the fence/wall to the top when measured from the lower side (See Figure 9.144.080.5(A)). |
D.
Access Intersection Area. The maximum height shall be three and one-half feet within five feet of the point of intersection of:
1.
An ultimate street right-of-way line and an interior property line;
2.
An ultimate street right-of-way line and the edge of a driveway or vehicular accessory;
3.
An ultimate street right-of-way line and an alley right-of-way line;
4.
The edge of a driveway or vehicular accessway and an alley right-of-way line; and
5.
Street Intersection Areas. Notwithstanding subsection B above, the maximum height shall be three and one-half feet within the triangular area formed by drawing a straight line between two points located on, and 15 feet distant from, the point of intersection of two ultimate street right-of-way lines extended (see Figure 9.144.080.5(C)).
.tif.png "009 Figure 9.144.080.5(C).tif") Figure 9.144.080.5(C) Vision Triangle Area |
E.
Modifications Permitted. Exceptions and modifications to the fence and wall height provisions may be permitted subject to the approval of a site development permit application processed in compliance with the provisions of Section 9.184.010. In addition to the findings required by Section 9.184.010, the following findings shall also be made prior to the approval of a fence or wall height site development permit application:
1.
The height and location of the fence or walls as proposed will not result in or create a traffic hazard.
2.
The location, size, design and other characteristics of the fence or wall will not create conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity.
(Ord. 176 § 1, 2007; Ord. 374, 2/4/2025)
§ 9.144.080.6 Storage sheds, greenhouses, and nonhabitable yard buildings.
A.
Applicability. For purposes of this section, the term "nonhabitable yard building" means any type of nonhabitable, detached enclosed building, including, but not limited to, storage sheds, garden sheds, and greenhouses.
B.
Standards. Nonhabitable yard buildings shall conform to the following requirements:
1.
Setbacks shall be as follows:
a.
Front Yard Setback (under six feet in height). 10 feet from the front property line and screened from public view.
b.
Side and Rear Yard Setback (under six feet in height). May be placed up to the property line, subject to building or fire code limitations.
c.
Front Yard Setback (over six feet in height). Setback applicable to the main building in which the property is located.
d.
Side and Rear Yard Setback (over six feet in height). Five feet, subject to building or fire code limitations.
2.
Height Limit. Nonhabitable yard buildings shall not exceed 16 feet in height, measured from finished grade to the highest point of the structure.
(Ord. 176 § 1, 2007; Ord. 374, 2/4/2025)
§ 9.144.080.7 Freestanding fireplaces, fire pits, TV walls, and other yard structures.
A.
Applicability. For purposes of this code, the term "yard structure," includes, but is not limited to, freestanding fireplaces, fire pits, TV walls, barbecues, and play equipment.
B.
Standards. Yard structures shall conform to the following requirements:
1.
Setbacks shall be as follows:
a.
Front Yard Setback (under six feet in height). 10 feet from the front property line and are not permitted in panhandle portion of a panhandle lot.
b.
Side and Rear Yard Setback (under six feet in height). May be placed up to the property line, subject to building or fire code limitations.
c.
Front Yard Setback (over six feet in height). Setback applicable to the main building in which the property is located.
d.
Side and Rear Yard Setback (over six feet in height). Three feet, subject to building or fire code limitations.
2.
Height Limit. Yard structures shall not exceed 12 feet in height, measured from finished grade to the highest point of the structure.
(Ord. 176 § 1, 2007; Ord. 374, 2/4/2025)
§ 9.144.090 Grading and excavation.
A.
Grading and excavation operations are permitted in all districts including planned communities and specific plan areas, in compliance with the regulations of the City's Grading and Excavation Code. When such operations involve the extraction or relocation of more than 5,000 cubic yards or more than 500 cubic yards if on a building site with slopes greater than 15%, such operations are also subject to the approval of a site development permit application per Section 9.184.010. (The total number of cubic yards shall be the larger of cut, including any export, or fill, including any import.) A site development permit is not required under the following conditions:
1.
Grading and excavation conducted in compliance with approved sand and gravel extraction operations, approved tentative tract maps, or approved area plans. This shall not exempt future grading for custom lots.
2.
Grading and excavation conducted in compliance with an approved use permit.
3.
Emergency grading to correct recent acts of nature.
B.
No zone change or discretionary permit per Zoning Code Section 9.184.010 shall be approved for property on which a violation of the provisions of the Grading and Excavation Code exist, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated to the satisfaction of the Building Official prior to the issuance of any building permits.
(Ord. 176 § 1, 2007)