Lake Forest City Zoning Code
CHAPTER 9
146 SPECIAL REGULATIONS
§ 9.146.010 General.
In order to permit certain uses in some districts or areas where they may be appropriate but may not otherwise be compatible with other permitted uses in the district or where additional development or performance standards are needed, the special regulations are established to ensure the adequacy of development and performance standards and the compatibility of these uses so they may be established and maintained in harmony with surrounding uses.
The special regulations contained in this section shall govern the land, uses, buildings, structures and improvements specified below or where so designated in the district regulations. Except as otherwise provided in this section, no use, building or structure shall be established, enlarged, operated or maintained unless such use, building or structure conforms with applicable standards within this section and in the district regulations.
(Ord. 176 § 1, 2007)
§ 9.146.020 Animal service businesses.
In addition to the requirements of each district, the following performance and development standards shall apply to the establishment, maintenance and operation of animal service businesses in any district in which they are permitted:
A.
All animal service and confinement areas shall be in an air-conditioned and sound-attenuated building. Required sound attenuation shall be provided on all exterior walls and walls shared with an adjacent tenant. Sound attenuation shall be in accordance with Section 5.507.4, Acoustical control, of the California Green Building Code or equivalent, as determined by the Director of Community Development.
B.
Animal waste bags and disposal bins, as applicable, shall be available at all times for client use, near the entrance of the building.
C.
Animal service businesses shall obtain all applicable permits from OC Animal Care.
(Ord. 176 § 1, 2007; Ord. 374, 2/4/2025)
§ 9.146.030 Pets and animals.
In addition to the required setbacks for structures in Sections 9.72.100, 9.144.030, 9.144.040 and 9.144.080, pens, cages, corrals, stables and other structures specifically for keeping animals overnight, other than in the residence, shall be located at least 50 feet from any adjoining existing residential structure, or if no residential structure exists, at least 50 feet from such areas where a residential structure may be legally located. Such areas may be defined by any combination of zoning setback requirements, easements, and/or recorded CC&Rs. Exceptions to the above may be provided for by an approved specific plan or planned community text or use permit. (Information note: The types, number and manner in which pets and animals are kept is to be regulated, if at all, via the Health Sanitation, and Animal Code by the County Health Officer.)
(Ord. 176 § 1, 2007; Ord. 243 § 24, 2012)
§ 9.146.040 Waste management and hazardous materials.
In addition to the requirements for each district, the following procedures are applicable to the principal uses and activities listed below:
A.
Hazardous Materials Disclosure. Prior to issuance of certificates of use and occupancy for commercial uses listed in subsection C, the applicant shall comply with Title IV, Division 3, Article 4 of the County's Codified Ordinances, in a manner approved by the Fire Department.
B.
Waste Management. Prior to issuance of certificates of use and occupancy for commercial uses listed in subsection C, the applicant shall provide plans or identify measures to comply with Chapter 6.5 State Health and Safety Code and Title 22 Administrative Code, in a manner approved by the Health Care Agency and sewering agency.
C.
List of Activities to Which This Section Is Applicable.
1.
Automotive and vehicle maintenance, repair, or painting;
2.
Chemical and commercial cleaning product distribution/sales;
3.
Cleaners, self-service laundries, and vehicle washes;
4.
Home improvement product, lumber, and hardware sales;
5.
Manufacturing;
6.
Medical facilities;
7.
Metal plating;
8.
Mining and extraction;
9.
Nurseries;
10.
Oil and gas exploration and extraction;
11.
Paint and finishing product sales;
12.
Photoprocessing;
13.
Recreation facilities such as golf courses, yacht clubs, and amusement parks;
14.
Recycling or resource recovery with potential for contact with hazardous materials;
15.
Research, laboratory, and testing facilities;
16.
Service stations;
17.
Transportation service facilities;
18.
Utilities;
19.
Waste disposal and treatment operations;
20.
Wrecking and salvage facilities;
21.
Other generation of hazardous waste, including material(s) to be disposed of by sanitary sewer.
D.
Underground Storage Tanks. Prior to issuance of certificates of use and occupancy for underground tanks to store any hazardous materials, the applicant shall provide plans or identify measures to comply with Chapter 6.7 State Health and Safety Code and Title 23 Administrative Code, in a manner approved by the Health Care Agency.
E.
Approval. Approval of any hazardous waste treatment, storage, disposal, or transfer facility as a use consistent with the purpose and intent of any zoning district shall be subject to the requirement that continuing authority be vested in the Fire Department, Orange County Fire Authority or County Health Care Agency to suspend operations for public safety reasons.
(Ord. 176 § 1, 2007)
§ 9.146.050 Accessory dwelling units.
A.
Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
B.
Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1.
Deemed to be inconsistent with the City's General Plan and zoning designation for the lot on which the ADU or JADU is located.
2.
Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3.
Considered in the application of any local ordinance, policy, or program to limit residential growth.
C.
Definitions. As used in this section, terms are defined as follows:
1. "Accessory dwelling unit" or "ADU"
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
2. "Accessory structure"
means a structure that is accessory and incidental to a dwelling located on the same lot.
3. "Complete independent living facilities"
means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. "Director"
means the Director of Community Development.
5. "Efficiency kitchen"
means a kitchen that includes all of the following:
6. "Junior accessory dwelling unit" or "JADU"a. b. c. d. e.
means a residential unit that satisfies all of the following:
It is no more than 500 square feet of interior livable space in size.
It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
It includes an efficiency kitchen, as defined in subsection C.5 above.
7. "Livable space"
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
8. "Living area"
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
9. "Multifamily dwelling"
means any structure with two or more attached dwellings on a single lot (e.g., apartments, attached townhomes, row houses).
10. "Nonconforming zoning condition"
means a physical improvement on a property that does not conform with current zoning standards.
11. "Passageway"
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
12. "Proposed dwelling"
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
13. "Public transit"
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
14. "Tandem parking"
means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D.
Approvals. The following approvals apply to ADUs and JADUs created under this section:
1.
Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The City will review and approve permit applications in accordance with subsection D.3 below.
2.
Processing Fee. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the Director and approved by the City Council by resolution.
3.
Process and Timing.
a.
Completeness.
i.
Determination in 15 Days. The City will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the City receives the application submittal.
ii.
Incomplete Items. If the City's determination under subsection D.3.a.i above is that the application is incomplete, the City's notice must list the incomplete items and describe how the application can be made complete.
iii.
Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the City to be incomplete.
iv.
Subsequent Submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the City will determine in writing whether the additional information remedies all the incomplete items that the City identified in its original notice. The City may not require the application to include an item that was not included in the original notice.
v.
Deemed Complete. If the City does not make a timely determination as required by this subsection A, the application or resubmitted application is deemed complete for the purposes of subsection D.3.c below.
vi.
Appeal of Incompleteness. An applicant may appeal the City's determination that the application is incomplete by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
b.
No Discretion or Hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.
c.
Deadline to Approve or Deny Ministerial Approvals. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a complete application. If the City has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
i.
The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii.
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
d.
Denial. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.c above.
e.
Appeal of Denial. An applicant may appeal the City's denial of the application by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f.
Concurrent Review of Demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E.
Classes.
1.
Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in subsection F below, it is allowed in each of the scenarios provided in this subsection E.1. An ADU and JADU approved under subsection E.1.a may be combined with an ADU approved under subsection E.1.b, and ADUs approved under subsection E.1.c may be combined with ADUs approved under subsection E.1.d.
a.
Converted on Single-Family Lot. One ADU (as described in this subsection E.1.a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i.
Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii.
Has exterior access that is independent of that for the single-family dwelling; and
iii.
Has side- and rear-yard setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
b.
Limited Detached on Lot with Single-Family. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
c.
Converted on Lot with Multifamily. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for dwellings. Under this subsection E.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
d.
Limited Detached on Lot with Multifamily. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
i.
The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear- or side-yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii.
The peak height above grade does not exceed the applicable height limit provided in subsection F.2 below.
iii.
If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
F.
General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
1.
2.
Height.
a.
Except as otherwise provided by subsections F.2.b and F.2.c below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
b.
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c.
A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d.
An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection F.2.d may not exceed two stories.
e.
For purposes of this subsection F.2, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
4.
Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5.
No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6.
Septic System. If the ADU or JADU will connect to an on-site waste-water treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
7.
Owner Occupancy.
a.
ADUs. ADUs are not subject to an owner-occupancy requirement.
b.
JADUs.
i.
Generally. As required by State law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.
ii.
Exceptions. The owner-occupancy requirement in this subsection F.7.b does not apply in either of the following situations:
8.
Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all current and future owners. The form of the deed restriction will be provided by the City and must provide that the:
a.
The JADU may not be sold separately from the primary dwelling.
b.
The JADU is restricted to the approved size and to other attributes allowed by this section.
c.
The deed restriction runs with the land and may be enforced against future property owners.
d.
The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e.
The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
9.
Building and Safety.
a.
Must Comply with Building Code. Subject to subsection F.9.b below, all ADUs and JADUs must comply with all local building code requirements.
b.
No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection F.9.b prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
10.
Certificate of Occupancy Timing.
a.
Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.
b.
Limited Exception for State-declared Emergencies. Notwithstanding subsection F.10.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
i.
The County is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
ii.
The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.
iii.
The ADU has been issued construction permits and has passed all required inspections.
iv.
The ADU is not attached to the primary dwelling.
G.
Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection E.2 above. This subsection G does not apply to Class 1 ADUs or JADUs approved under subsection E.1 above.
1.
Maximum Size.
a.
The maximum size of a detached or attached ADU subject to this subsection G is 850 square feet of interior livable space for a studio or one bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
b.
An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling.
c.
No application of the percent-based size limit in subsection G.1.b above or of a front-yard setback requirement may require the ADU to be less than 800 square feet of interior livable space.
2.
3.
Passageway. No passageway, as defined by subsection C.11 above, is required for an ADU.
4.
Parking.
a.
Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.14 above.
b.
Exceptions. No parking under subsection G.4.a is required in the following situations:
i.
The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.13 above.
ii.
The ADU is located within an architecturally and historically significant historic district.
iii.
The ADU is part of the proposed or existing primary residence or an accessory structure.
iv.
When on-street parking permits are required but not offered to the occupant of the ADU.
v.
When there is an established car share vehicle stop located within one block of the ADU.
vi.
When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections G.4.b.i through v above.
c.
No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
d.
Driveway. The ADU and primary dwelling must use the same paved driveway for vehicular access between the street and any spaces provided for off-street parking, whether open or enclosed, including any garage. An existing driveway serving the primary residence may be widened to accommodate any new parking space serving the ADU, provided that the maximum width of the driveway does not exceed 30 feet or 60% of the width of the lot, whichever is greater. For purposes of determining the maximum driveway width, the width of the lot is measured along the property line over which driveway access from the street is provided. All driveways must have a minimum depth of 18 feet on private property.
e.
Each unenclosed parking space shall be at least nine feet wide and 18 feet long.
f.
Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long and have at least seven and one-half feet vertical clearance.
H.
Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsection E.1 or E.2 above.
1.
Impact Fees.
a.
No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection H.1, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b.
A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section 17620.
c.
Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
2.
Utility Connection and Fees.
a.
If an ADU or JADU is constructed with a new single-family home, a separate gas and electric utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b.
Except as described in subsection H.2.a, JADUs and converted ADUs on a single-family lot that are created under subsection E.1.a above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this section.
c.
Except as described in subsection H.2.a, all ADUs that are not covered by subsection H.2.b require a new, separate gas and electricity utility connections directly between the ADU and the utility.
I.
Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1.
Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2.
Unpermitted ADUs and JADUs Constructed Before 2020.
a.
Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
b.
Exceptions.
i.
Notwithstanding subsection I.2.a above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.
J.
Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective standards set forth in subsections A through I of this section may be allowed by the City with a use permit, in accordance with Chapter 9.184 of this Code.
§ 9.146.060 Home occupation standards.
In addition to the requirements for each district, the following performance and development standards shall apply to the establishment and operation of home occupations in any district in which they are permitted:
A.
Purpose and Intent. These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.
B.
Home Occupations Permitted. Home occupations are permitted when conducted as an accessory use to a residential use in any district that specifies home occupations as a permitted use, subject to the requirements of subsection C of this section.
C.
General Requirements. The establishment and conduct of home occupations shall comply with the following requirements:
1.
There shall be no exterior evidence of the conduct of a home occupation.
2.
A home occupation shall be conducted only within the enclosed living area of the dwelling unit.
3.
Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.
4.
Only the residents of the dwelling unit may be engaged in the home occupation.
5.
There shall be no sale of goods not produced on the premises.
6.
The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.
7.
There shall be no signs.
8.
Required residential off-street parking shall be maintained.
9.
A home occupation shall not create greater vehicular or pedestrian traffic than normal for the district in which it is located.
10.
No more than two customers or clients may be at the dwelling unit at a time.
11.
No more than 20% of the floor area of the dwelling unit may be used for the home occupation; any business use of the dwelling unit that exceeds 20% constitutes a primarily commercial use and is prohibited in all residential zones.
(Ord. 176 § 1, 2007; Ord. 297 § 9, 2017)
§ 9.146.070 Residential, multiple-family standards.
In addition to the requirements for each district, the following procedure and standards are applicable to the construction, establishment and maintenance of any multiple-family residential project consisting of five or more dwelling units in any district in which they are permitted. The procedures and standards are not applicable to single-family and to multiple-family projects of four or less dwelling units.
A.
Prior to issuance of a building permit or a grading permit, a site development permit shall be approved by the Director of Community Development, or by the Planning Commission when the Director of Community Development determines that the public would be better served by a public hearing before the Planning Commission.
B.
The Director of Community Development, shall approve or conditionally approve an application for a multiple-family site development permit in compliance with the procedures required by Section 9.184.010 after having determined that, in accordance with any necessary conditions, the project will comply with all applicable regulations of the district in which the property is located, and with all of the following additional standards and requirements:
1.
All of the infrastructure facilities shall be adequate to serve the project when all conditions are complied with, without overloading such facilities to the detriment of other uses in the vicinity.
2.
Ingress and egress between the project and abutting streets shall be adequate to serve the project and shall be in compliance with the Orange County Standard Plans, as adopted by the City through Section 14.05.010, as amended.
3.
Open space and recreation facilities shall be sufficient to serve the needs of the occupants and shall be in compliance with applicable City standards for open space and recreation.
4.
Parking areas shall be well lighted and shall be situated in such a manner that entrances to individual parking spaces, garages and carports will be commonly visible from dwelling units. Parking areas and facilities shall be situated in a manner that will make them more convenient for occupants to use than on-street parking.
5.
Solid waste disposal stations shall be provided within enclosed areas which will be conveniently accessible for all dwelling units and for trash pickup trucks.
6.
Any additional features necessary to comply with City standards, such as screening, sound attenuation, architectural design, etc., shall comply with applicable City standards and regulations.
D.
Each multiple-family project shall be established and maintained in compliance with the approved site development permit.
(Ord. 176 § 1, 2007)
§ 9.146.090 Specified resource protection.
Such activities as fuel modification, agricultural use, relandscaping, removal of vegetation or grading, in areas identified by the General Plan, an implementing specific plan, applicable resource management plan or final CEQA document as having specified biotic resources of significance, shall comply with the resource management policies and measures contained therein.
(Ord. 176 § 1, 2007)
§ 9.146.100 Heliports and helistops.
If compatible with the purpose and intent of the applicable zoning district, heliports/helistops are allowed subject to a use permit approved by the Planning Commission per Section 9.184.010. All heliports/helistops are subject to review by the Airport Land Use Commission and FAA and State Division of Aeronautics regulations. Additionally, if approved, heliports/helistops located in residential areas shall not operate between the hours of 9:00 p.m. to 7:00 a.m. unless otherwise provided for by the required use permit. However, emergency medical flights are exempted from this restriction.
(Ord. 176 § 1, 2007)
§ 9.146.110 Water efficient landscape regulations.
All references to this section shall include Sections 9.146.110.1 through 9.146.110.9, as appropriate. The following special regulations and minimum requirements shall apply to landscape projects.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
§ 9.146.110.1 Definitions.
Except where the context of such words or phrases clearly indicates a different meaning or construction, the following words, terms, and phrases, when used in Section 9.146.110, shall have the meanings ascribed to them in this section.
The areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned.
The portion of water supplied by the irrigation system to the landscape.
The tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.
While not subject to a permit, plan check or design review, the Community Aesthetics Evaluation may be performed to ensure the aesthetic standards of the community and irrigation efficiency intent is maintained.
A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
The average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscaped area, plant water use factors, and the relative irrigation efficiency of the irrigation system.
The factor that is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. ETAF means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
The guidelines for implementation of the City of Lake Forest Water Efficient Landscape Regulations, which describe procedures, calculations, and requirements for landscape projects, as they may be amended from time to time pursuant to Section 9.146.110.
Any durable material or feature (pervious and impervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscape for purposes of Section 9.146.110.
The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of Section 9.146.110 are 0.75 for overhead spray devices and 0.81 for drip systems.
A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
All the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscape, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
The package of documents that a project applicant is required to submit to the City for review and approval of landscape design projects, as described in the Guidelines.
The total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 9.146.110.3(A).
A city or county, including a charter city or charter county, that is authorized by the City to implement, administer, and/or enforce any of the provisions of Section 9.146.110 on behalf of the City. The local agency may be responsible for the enforcement or delegation of enforcement of Section 9.146.110, including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.
Any entity, including a public agency, City, County, or private water company that provides retail water service.
The upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the Guidelines. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.
Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
The Model Water Efficient Landscape Ordinance adopted by the California Department of Water Resources in accordance with California Government Code Section 65591 et seq.
A new building with landscaping or a landscape-dominated project, such as a park, playground, playing field, or greenbelt or other new landscape, which may or may not have an associated building or structure.
means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
An authorizing document issued by local agencies for new construction or rehabilitated landscape.
Any surface or material that allows the passage of water through the material and into the underlying soil.
A factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of Section 9.146.110, the plant factor range for very low water use plants is 0 to .1; the plant factor range for low water use plants is 0.2 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in Section 9.146.110 are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
Treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features, and which is not intended for human consumption.
A standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix D of the Guidelines, and is an estimate of the evapotranspiration of a large field of four to seven (7) inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances.
Any re-landscaping project that meets the applicability criteria of Section 9.164.110.3, where the modified landscape area is equal to or greater than 2,500 square feet.
An area of landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas.
A groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.
A device used to control the flow of water in an irrigation system.
A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
§ 9.146.110.2 Purpose and intent.
§ 9.146.110.3 Applicability of water efficient landscape regulations.
A.
Beginning February 1, 2016, and consistent with Executive Order No. B-29-15, Section 9.146.110 shall apply to the following landscape projects:
1.
New development projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or design review;
2.
Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check or design review;
3.
Existing landscapes when alterations or expansions to existing nonresidential development or residential projects are proposed, to the greatest extent feasible, as determined by the Director of Community Development. The approval of a discretionary application for alterations or expansions to an existing nonresidential development or residential projects may include conditions of approval requiring compliance with the requirements of this section. This section does not apply to changes of use or interior tenant improvements that do not require discretionary approval; and
4.
Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this section or conform to the prescriptive measures contained in Appendix A of the Guidelines;
5.
For projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or though stored rainwater capture on site is subject only to Appendix A of the Guidelines.
6.
At cemeteries, Sections 2.9, 2.10, and Appendix C of the Guidelines shall apply to new landscape installations and Sections 2.9, 2.10, and 3 of the Guidelines shall apply to landscape rehabilitation projects.
B.
Section 9.146.110.5 shall apply to:
C.
Section 9.146.110 does not apply to:
1.
Registered local, State, or Federal historical sites;
2.
Ecological restoration projects that do not require a permanent irrigation system;
3.
Mined-land reclamation projects that do not require a permanent irrigation system; or
4.
Plant collections, as part of botanical gardens and arboretums open to the public.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
§ 9.146.110.4 Implementation procedures.
A.
Prior to installation, a landscape documentation package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of Section 9.146.110. Any landscape documentation package submitted to the City shall comply with the provisions of the Guidelines.
B.
The landscape documentation package shall include a certification by a landscape professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of such licensed landscape professional and are certified to be in compliance with the provisions of Section 9.146.110 and the Guidelines.
1.
Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the local water purveyor, as appropriate, under procedures determined by the City.
2.
Verification of compliance of the landscape installation with the approved plans shall be obtained through a certificate of completion as provided in the Guidelines, and where applicable, in conjunction with a certificate of occupancy or permit final process, as provided in the Guidelines.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
§ 9.146.110.5 Landscape water use standards.
A.
For applicable landscape installation or rehabilitated landscape projects subject to Section 9.146.110.3(A), the estimated applied water use allowed for the landscaped area shall not exceed the MAWA calculated using the appropriate ETAF, as defined in Section 9.146.110.1; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided in the Guidelines.
B.
Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules, and requirements, and shall be subject to the penalties and incentives for water conservation and water waste prevention as determined and implemented by the applicable local water purveyors or as mutually agreed by the local water purveyors and the City.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
§ 9.146.110.6 Delegation.
The City may delegate to, or enter into a contract with, a local agency to implement and administer and/or enforce any of the provisions of Section 9.146.110 on behalf of the City.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
§ 9.146.110.7 Guidelines for implementation of the water efficient landscape regulations.
The City shall adopt guidelines for the implementation of Section 9.146.110. Such guidelines may be amended from time to time by resolution of the City Council. Notwithstanding the forgoing, the City Manager may establish any forms or other related documents to administer compliance with the Guidelines as he or she deems appropriate and in furtherance of Section 9.146.110.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
§ 9.146.110.8 Recovery of costs.
Without limiting the City's rights to take any enforcement action permitted under law, any violation of Section 9.146.110 shall be subject to administrative citation in accordance with Chapter 1.16 of this Code.
In addition to the costs which may be recovered pursuant to the Municipal Code, and in order to recover the costs of the water efficient landscape regulatory program set forth in Section 9.146.110, the City Council may, from time to time, fix and impose by resolution fees and charges. The fees and charges may include, but are not limited to, fees and charges for:
A.
Any visits of an enforcement officer, or other city staff or authorized representative of the City for time incurred for inspections of property;
B.
Any monitoring, inspection, and surveillance procedures pertaining to enforcement of Section 9.146.110;
D.
Any other necessary and appropriate fees and charges to recover the cost of providing the City's water efficient landscape regulatory program.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
§ 9.146.110.9 Conflicting provisions.
If provisions of Section 9.146.110 are in conflict with each other, other provisions of the Municipal Code, the City's general plan, any City adopted specific plan or master plan, any resolution or ordinance of the City, or any State law or regulation, the more restrictive provisions shall apply.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
§ 9.146.120 Emergency shelters.
A.
Purpose and Intent. The overall design, construction, appearance, operation and maintenance of the facility should provide an environment that is safe, secure, functional, and appropriate to the surrounding community.
B.
Development Standards. The shelter shall comply with all development standards of the zoning district in which it is located except as modified by these special regulations.
C.
Maximum Number of Persons/Beds. The shelter shall contain a maximum of 10 beds and serve no more than 10 people per night.
D.
Parking Ratio. Subject to Government Code Section 65583(a)(4)(A)(ii), on-site parking shall be a minimum of one space per employee in the largest shift.
E.
Management Standards. The emergency shelter shall meet the following management standards:
1.
No more than one shelter shall be permitted within a radius of 300 feet from another such shelter.
2.
No resident can stay more than 180 nights per calendar year.
3.
Hours of Operation. The shelter may only operate between 5:00 p.m. and 8:00 a.m. daily.
4.
The shelter shall provide the following mandatory facilities: a separate intake area of a minimum 250 square feet, office areas for administrative purposes, restrooms, and general storage.
5.
Adequate outdoor lighting shall be provided for security purposes. Lighting shall be stationary, permanent, directed away from adjacent properties and public rights-of-way, and of intensity compatible with and similar to the surrounding area. See also Section 9.72.085(A)(3).
6.
Facility management shall include the following:
a.
On-site management and on-site security shall be provided during all hours when the shelter is in operation.
b.
The facility shall have a written management plan which includes at a minimum: provisions for staff training; neighborhood outreach; screening of residents; eligibility and admission procedures; operating schedule; rules regarding smoking, access to the facility, visitors, and guests; and a written policy outlining the consequences of rules violations or infractions.
c.
Facility shall be designed and rules in place to avoid loitering on or adjacent to the site by patrons.
d.
The facility shall clearly post written eligibility and admission policies and procedures as well as dates, times, and services available.
7.
The facility shall conform to and maintain all applicable State and local building codes, fire codes, occupancy standards and other relevant codes and regulations and permits.
8.
The facility shall maintain staffing levels consistent with industry standards.
9.
The facility shall be maintained in a safe and sanitary condition.
(Ord. 250 § 3, 2013; Ord. 252 § 2, 2013; Ord. 363 § 16, 2023)
§ 9.146.130 Additional findings for the sale of alcohol for off-site consumption.
A.
Purpose and Intent. This section provides additional findings for use permits for alcohol sales for off-site consumption to ensure that businesses that sell alcohol for off-site consumption do not negatively impact the safety and the general welfare of the surrounding community.
B.
Applicability. This section is applicable to all use permits for alcohol sales for off-site consumption, as required by Section 9.72.090(A) (Land Use Matrix) of this Code.
C.
Findings. In addition to the findings required by Section 9.184.040(E), the following findings shall also be made for all use permits for alcohol sales for off-site consumption:
1.
The sale of alcohol for off-site consumption, as part of the operation of the business, will not result in nuisance activities within the premises or in close proximity to the premises.
2.
The sale of alcohol for off-site consumption, as part of the operation of the business, will not create a need to change any operational requirements or staffing of law enforcement personnel.
3.
The physical design and layout of the business floor plan and associated parking area will not create loitering, noise, traffic, or other conditions or situations that may be detrimental or incompatible with other businesses in the adjacent area or permitted uses in the vicinity.
4.
The proposed management standards, training, and site supervision of the business will deter loitering, noise, traffic, or other conditions or situations that may be detrimental or incompatible with other businesses in the adjacent area or permitted uses in the vicinity.
(Ord. 276 § 3, 2015)
§ 9.146.150 Single-room occupancy.
A.
Single-room occupancy (SRO) facilities shall be permitted in any district, planned community, or specific plan area zoned for hotels subject to the approval of a use permit by the Planning Commission per Section 9.184.010.
B.
SRO facilities shall be treated as nonresidential uses. As such, Section 9.152.010 does not apply and residential dwelling unit limitations (e.g., statistical summary) are not applicable.
C.
In the absence of findings as set forth in Section 9.168.010.7, SRO parking standards shall be 0.5 for each guest unit, plus one for each employee.
D.
A management plan shall be submitted as part of the use permit application for review and approval by the Planning Commission. The management plan shall contain management policies, operations, emergency procedures, security program, rental procedures, maintenance plans, and staffing needs.
E.
An on-site, 24 hour manager is required in every SRO project. In addition, a single manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 225 square feet in size.
(Ord. 176 § 1, 2007; Ord. 297 § 10, 2017)
§ 9.146.170 Low-barrier navigation centers.
A.
Purpose. The purpose of this section is to comply with California Government Code Section 65660 et seq. regarding low barrier navigation centers (hereafter referred to as "LBNCs," and each singularly an "LBNC")
B.
Allowed Zones. As required by California Government Code Section 65662, LBNCs that comply with this section are permitted by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses. If this subsection (B) conflicts with any other provision of this Code, this subsection (B) prevails.
C.
LBNC Streamlined Administrative Permit Required. An LBNC Streamlined Administrative Permit issued by the City is required prior to establishment or construction of any LBNC.
D.
Operational and Development Standards. LBNCs must comply with all of the following:
1.
Proximity to Another LBNC. No LBNC may be established or operated at any location that is less than 300 feet from another LBNC.
2.
Operational Services. As required by Government Code Section 65662, each LBNC must satisfy all of the following:
a.
It offers services to connect people to permanent housing through a services plan that identifies services staffing.
b.
It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
4.
Maximum Beds. The maximum number of beds per LBNC may not exceed one bed for every 50 square feet of floor area used for sleeping purposes.
5.
Parking. Subject to Government Code Section 65583(a)(4)(A)(ii), on-site parking shall be a minimum of one space per employee in the largest shift.
6.
Intake Areas. The LBNC shall have a separate intake area of a minimum of 250 square feet.
7.
Lighting. Outdoor lighting shall be provided in active pedestrian areas, including sidewalks, pathways, and driveways. All lighting must be stationary and permanent. Light trespass onto neighboring parcels is prohibited.
8.
Security. At least one security guard shall be provided during all hours when the LBNC is in operation.
E.
Streamlined Administrative Review Procedures. An application for an LBNC Streamlined Administrative Permit will be reviewed and processed ministerially, without discretionary review or a hearing. The Director of Community Development or the Director's designee will notify an applicant whether the application is complete within 30 days. Action shall be taken within 60 days of when the application is determined to be complete.
(Ord. 363 § 18, 2023)
§ 9.146.180 Transitional and supportive housing.
A.
Transitional Housing. In accordance with Government Code Section 65583(c)(3), transitional housing is considered a residential use of property and is subject to those restrictions that apply to other residential dwellings of the same type in the same zone.
B.
Supportive Housing.
1.
Generally. In accordance with Government Code Section 65583(c)(3), supportive housing is considered a residential use of property and is subject to those restrictions that apply to other residential dwellings of the same type in the same zone.
2.
In Zones Allowing Multifamily. Supportive housing that complies with the requirements of California Government Code Section 65650 et seq. is considered a use by right in all zones where multifamily uses are permitted, including mixed-use zones. In accordance with Government Code Section 65651(b)(1), a supportive housing development must comply with all objective development standards and policies that apply to other multifamily developments within the same zone.
(Ord. 363 § 19, 2023)
§ 9.146.190 Employee housing.
Employee Housing. In accordance with California Health and Safety Code Section 17021.5, subdivision (b):
A.
Employee housing with a permit from the statutory enforcement agency to serve six or fewer employees is considered a single-family residential structure.
B.
No use permit, site development permit, variance, or other zoning clearance is required for employee housing serving six or fewer employees unless the same is required for a family dwelling of the same type in the same zone.
C.
In accordance with California Health and Safety Code Section 17007, for purposes of this section, "statutory enforcement agency" refers to the Department of Housing and Community Development unless and until the City of Lake Forest or the County of Orange assumes responsibility for enforcing the Employee Housing Act under Health and Safety Code Section 17050.
(Ord. 363 § 20, 2023)
§ 9.146.200 Thrift stores.
A.
Purpose. The purpose of this section is to comply with California Government Code Section 65630 et seq., while properly regulating thrift stores to ensure compatibility with the surrounding neighborhood.
C.
Standards. All thrift stores shall conform to the following standards:
1.
The delivery and storage of goods or donations must be conducted inside the building.
2.
Donations can only be accepted during business hours.
3.
The donation process must be supervised and operated by employees of the thrift store.
4.
Any donated or discarded items left outside the building must be immediately removed.
(Ord. 378, 6/17/2025)