(a)

The purpose of this chapter is to provide for the preservation of the city's important natural resources and open space areas and to provide for public and private recreational land use activities necessary to meet both passive and active recreational needs of city residents.

(b)

The purpose of the individual open space zoning districts is as follows:

(1)

OS (Open Space) Zone. This zone is intended to provide for the protection, preservation, and management of natural resources. Maintaining and improving the pristine condition of important geographic features and landforms is a primary objective for this zone; therefore, only passive land uses that will have a minimal impact will be permitted.

(2)

R (Recreation) Zone. This zone is intended to provide for the promotion of public outdoor recreation that meets the needs of all residents living in the community. Active and passive activities, including physical, cultural, and social, may be permitted. Additionally, indoor recreation may be allowed when compatible and harmonious with its environs.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any use designated as "permitted" by the following list shall comply with the provisions of this code. Any permitted use which will occupy an existing structure (with no structural enlargement) shall comply with the standards contained in this chapter as well as Article III (General Property Development Standards). Additionally, any permitted use which will occupy an existing structure that is to be enlarged or requires construction of a new structure(s) shall require the approval of a planned development permit pursuant to chapter 9.47.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The following list represents those primary uses in the open space and recreational zones which are permitted (P) or subject to a planned development permit (D), conditional use permit (C), or prohibited (X):

OPEN SPACE AND RECREATIONAL ZONES LAND USE CHART

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The OS (Open Space) Zone is intend for nature preservation purposes. Structures which diminish quality of the natural environment are prohibited. In general, structures shall be prohibited in the OS Zone; however, trail improvements and open space linkages may be permitted subject to a planned development permit.

(b)

The following development standards for the R (Recreation) Zone are minimum unless stated as maximum by this Code. All setbacks shall be measured from the property line.

RECREATION ZONE GENERAL STANDARDS CHART

(c)

Structures located in the R Zone shall be sited in a manner sensitive to the existing natural resources and constraints of the land.

(d)

Structures located in the R Zone must be determined by the city to be appropriate.

(e)

Landscaping must compliment both the immediate setting and surrounding areas.

(f)

The need for exterior lighting must be sanctioned by the city and, if justified, the lighting equipment shall be energy efficient, appropriately located, directed, and shielded from surrounding properties and public rights-of-way.

(g)

Structures located in OS and R zones are subject to a visual analysis relating structural proportions, massing, height, and setbacks to preserve and enhance the scenic character of the area.

(h)

Development shall be compatible to and in harmony with surrounding development and zoning designations.

(i)

In the R Zone, the placement, height, and design of screening (including, but not limited to, walls, berms, fences, and landscaping) where a golf course adjoins a street or highway shall require approval of a planned development permit. For purposes of this section, adjoin shall mean any screen installed between the golf course and a street or highway. A screen as referred above, may consist of one or any combination of the following types as determined applicable by the director of community development:

(1)

Walls: A structure consisting of concrete, stone, brick, tile, or similar type of solid masonry material.

(2)

Berms: A mound or wall of earthen material along a strip of ground.

(3)

Fences: A structure made of wood, wire, metal, masonry, or other materials used as a barrier or screen.

(4)

Landscaping: Trees, shrubs, or similar evergreen or deciduous plant material.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 99-196, § 3, 4-5-99)

(a)

Stables, commercial. Commercial stables shall conform with the following development standards:

(1)

The setback requirements set forth in the table below shall pertain to all structures, including but not limited to paddocks, corrals, arenas, and fly-tight manure bins, except pastures, grazing areas, and access roads. All such structures shall maintain a minimum distance of 100 feet from any property which is used, zoned, or shown on the general plan for residential use.

(2)

No paddock, box stall, or corral shall be located within 100 feet of any school, hospital, or similar institution as measured from the property line.

(3)

The maximum density shall be one acre for every ten horses where the stable does not have access to an established riding trail. If located adjacent to an established riding trail, the maximum density for commercial stable shall be 25 equines per acre.

(4)

One parking space shall be provided per each five horses.

(5)

All access roads shall be paved or equivalent material approved by the director. The extent of paved roads shall be determined during the development review.

(6)

All horses shall be provided with adequate fenced enclosures to contain them within the boundaries of the stable property, subject to the approval of the director.

(7)

An application for the keeping of horses shall contain a detailed description outlining the proposed method(s) of controlling and managing dust, drainage, insects, manure, odors, rodents, sanitation, trash, and other considerations required by the director.

(8)

Equestrian shows and exhibits shall be permitted only at approved commercial stables and are subject to a temporary use permit.

(b)

Golf courses/driving ranges and related facilities. Golf course developments shall be constructed in the following manner:

(1)

State-of-the-art water conservation techniques shall be incorporated into the design and irrigation of the golf course.

(2)

Treated effluent shall be used for irrigation where available.

(3)

Perimeter walls or fences where used shall provide a viewshed window design.

(4)

All accessory facilities, including but not limited to, clubhouses, maintenance buildings, and half-way houses, shall be designed and located to ensure compatibility and harmony with the golf course setting.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

For the purposes of this section a "lake" is defined as a body of water, either natural or manmade, which does contain, or has the capacity to contain, 750 acre feet or more of water or which has, or has the capacity of, 20 or more acres of surface area. "Lake" does not include a reservoir or other body of water operated by a governmental or public utility.

(b)

The real property which is specifically described and depicted on Exhibit "A" to Ordinance No. 99-196 [and incorporated herein by reference] (the central portion of the property between the southern shore of Lake Mission Viejo and Alicia Parkway), shall be developed, operated and maintained in the following manner:

(1)

Ground cover or other plants on the property shall be maintained so as not to exceed a height of 18 inches from the grade.

(2)

Trees on such property shall be maintained to the following standards:

a.

All trimming shall conform to the International Society of Aborculture Standards, by Richard W. Harris, dated 1995, a copy of which is on file in the office of the city clerk.

b.

All trees shall be left with the lowest branches intact for the first three to five years following planting so as to strengthen the trunk. Once the trunk is mature and able to support the structure of the tree, but not exceeding five years after planting, the tree shall be maintained such that the lowest branches and vegetation clear a minimum of eight feet from the grade.

c.

Trees shall not be planted on a slope on the property which is lower than the plane of the sidewalk of the adjacent street, or if there is no sidewalk, then the plane of the top of the curbing of the adjacent street.

d.

A tree shall not be planted within 75 feet of another tree.

e.

The crowns of the trees shall be cleaned yearly, consisting of clearing of the dead, diseased, and dying wood and those branches that cross or are weakly attached.

f.

Topping or heading back of the tree crown is prohibited.

(3)

All landscaping shall be maintained in a neat and clean condition.

(c)

The real property which is specifically described and depicted on Exhibit "B" to Ordinance No. 99-196 [incorporated herein by reference] (the eastern and western portions of the property between the southern shore of Lake Mission Viejo and Alicia Parkway), shall be developed, operated and maintained in the following manner:

(1)

Ground cover or other plants on the property shall be maintained so as not to exceed the following heights:

a.

With respect to that portion of the property which is on the same plane as the top of the adjacent public sidewalk or the top of the adjacent street curbing, the groundcover or plant material shall not exceed a height of eighteen (18) inches above the plane of the top of the adjacent public sidewalk or the top of the adjacent public street curb; and

b.

With respect to that portion of the property which is on a slope which is lower than the plane of the top of the adjacent public sidewalk or adjacent public street curb, the groundcover or other plant material shall not exceed the height of the plane of the top of the adjacent public sidewalk or top of the adjacent public street curb.

(2)

Trees on such property shall be maintained to the following standards:

a.

All trimming shall conform to the International Society of Aborculture Standards, by Richard W. Harris, dated 1995, a copy of which is on file in the office of the city clerk.

b.

All trees shall be left with the lowest branches intact for the first three to five years following planting so as to strengthen the trunk. Once the trunk is mature and able to support the structure of the tree, but not exceeding five years after planting, the tree shall be maintained such that the lowest branches and vegetation clear a minimum of eight feet from the grade.

c.

Trees shall not be planted on a slope on the property which is lower than the plane of the sidewalk of the adjacent street, or if there is no sidewalk, then the plane of the top of the curbing of the adjacent street.

d.

A tree shall not be planted within 75 feet of another tree.

e.

The crowns of the trees shall be cleaned yearly, consisting of clearing of the dead, diseased, and dying wood and those branches that cross or are weakly attached.

f.

Topping or heading back of the tree crown is prohibited.

(3)

All landscaping shall be maintained in a neat and clean condition.

(d)

The installation or placement of any landscaping, plant, tree, shrub, bush, wall, berm, fence, bench, street furniture, signs, kiosks, mechanical equipment, and other plant materials, structures or objects which do not comply with the standards described in subsections (b) and (c) of this section, shall require the approval of a planned development permit pursuant to chapter 9.47 of the Mission Viejo Municipal Code.

(e)

Mechanical equipment (including, but not limited to, pipes, pumps, utility cabinets, and similar equipment) existing in the areas described in subsections (b) and (c) of this section as of November 2, 1998, shall be allowed to remain and may be replaced provided that the replacement equipment does not exceed the height or width of the equipment in place as of November 2, 1998, and the color is the same as the original equipment. Any landscaping, plant, shrub, bush, tree, wall, berm, fence, bench, street furniture, signs, kiosks, and other plant materials, structures or objects existing in the areas described in subsections (b) and (c) of this section as of November 2, 1998, and which were planted or installed prior to 1990 shall be allowed to remain subject to the maintenance requirements of this section.

(f)

Any landscaping, plant, shrub, bush, tree, wall, berm, fence, bench, street furniture, signs, kiosks, mechanical equipment, and other plant materials, structures or objects which does not comply with the provisions of this section shall be amortized and removed within one year from the notice of nonconformity pursuant to the provisions of chapter 9.28 of the Mission Viejo Municipal Code.

(g)

The installation or placement of any landscaping, plant, shrub, bush, tree, wall, berm, fence, bench, street furniture, signs, kiosks, mechanical equipment, and other plant materials, structures or objects in violation of the provisions of this section shall be deemed a public nuisance and may be abated as provided in chapter 9.59 of the Mission Viejo Municipal Code, in addition to any other civil or criminal enforcement options available to the city pursuant to chapter 1.01, chapter 1.02, chapter 1.03, or chapter 9.59 of the Mission Viejo Municipal Code.

(Ord. No. 99-196, § 4, 4-5-99)

All uses shall be subject to the applicable regulations of this code, including provisions located in the following chapters:

(a)

Chapter 9.48 Conditional Use Permits

(b)

Chapter 9.27 Landscaping Standards

(c)

Chapter 9.26 Off-Street Loading Standards

(d)

Chapter 9.25 Off-Street Parking Standards

(e)

Chapter 9.47 Planned Development Permits

(f)

Chapter 9.29 Sign Standards

(g)

Chapter 9.42 Temporary Use Permits

(h)

Chapter 9.46 Variances

(Ord. No. 98-193, §§ 1—4, 10-19-98)