Title 7, Division 9, Article 2, of the County of Orange Codified Ordinances shall be known as "The Comprehensive Zoning Code of the County of Orange," "Zoning Code", or "this Code." Whenever reference is made to any portion of the ordinance set out in this Article or of any other law or ordinance, the reference applies to all amendments and additions hereafter made to this Article. The Comprehensive Zoning Code is adopted by the Board of Supervisors pursuant to Section 11 of Article XI of the constitution of the State of California, as may be amended, in compliance with and pursuant to the authority contained in Title 7 of the Planning and Zoning Law of the Government Code, and is also adopted in compliance with Division 20 of the Public Resources Code, as may be amended, and the authority contained in Section 65859 et seq. of the California Coastal Act, as may be amended.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of this Code is to implement the County's General Plan, and in the Coastal Zone, the Local Coastal Program, and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Comprehensive Zoning Code is adopted in order to achieve the following objectives:

(a)

To enhance and implement the General Plan and Local Coastal Program.

(b)

To provide a guide for the growth and physical development of the County in a manner that shall progressively achieve the arrangement of land uses proposed in and consistent with the goals and policies of the General Plan and Local Coastal Program.

(c)

To promote economic development and job creation and secure for the citizens of Orange County the social and economic advantages resulting from an orderly planned use of its land resources.

(d)

To encourage, classify, designate, regulate and appropriately locate the uses of land, buildings and structures to serve the needs of agriculture, commerce, industry, residential development, and other activities.

(e)

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

(f)

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

(g)

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

(h)

To ensure that adequate off-street parking and loading facilities shall be installed and maintained.

(i)

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

(j)

To protect and enhance real property values.

(k)

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

(Ord. No. 20-006, § 1, 7-28-20)

(a)

Property to which applicable: The Zoning Code shall apply to all property within the unincorporated area of the County of Orange, except as otherwise provided by this section.

(b)

Duplicated regulation. Whenever any provision of the Zoning Code and any other provision of law, whether set forth in this Code or in any other law or ordinance, impose overlapping or contradictory requirements, or certain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in the Zoning Code. In no case shall a resolution supersede or overrule an ordinance. However, subject to applicable State and Federal law, a discretionary permit approved per section 7-9-125 may have more restrictive site development standards than specified in an enabling ordinance. Where specifically allowed by the enabling ordinance, a discretionary permit may have less restrictive site development standards.

(c)

Indeterminate applicability. When the provisions of this Zoning Code, or a planned community or specific plan text, do not clearly define or designate a use within a specific category, when the nature or characteristics of a use are such that the use could be included within more than one (1) definition, and when there is some uncertainty as to which regulations are applicable in a specific instance, the Director shall determine which regulations are applicable. Whenever reference is made to any regulations of this Zoning Code, the reference applies to all amendments and additions now or hereafter made. Uses, structures, conditions, and situations that are not addressed in a planned community or specific plan text, but are addressed in the Zoning Code, shall be governed by the Zoning Code.

(d)

Separability. If any portion of the Zoning Code is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions thereof. The Board of Supervisors hereby declares that it would have enacted the Zoning Code and each portion thereof irrespective of the fact that any one (1) or more portions be declared invalid or ineffective.

(e)

Conformity with the Comprehensive Zoning Code required. Except as otherwise allowed by section 7-9-115, "Nonconforming Uses," or as authorized by Variance, no uses or structures shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed, and no lot lines shall be created or changed, except in conformity with the Zoning Code.

(f)

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

(g)

Road right-of-way. Dedicated public street right-of-way areas shall not be subject to the land use regulations of the County, including but not limited to the Zoning Code, specific plans and planned communities. However, all uses and structures within the coastal zone may be subject to a Coastal Development Permit. Within private street areas and streets offered for dedication to the public but not accepted, the Zoning Code applies in its entirety.

(h)

Land owned by or leased to the County. Land owned in fee by the County or land leased to the County shall not be subject to the land use regulations of the County, including but not limited to the Zoning Code, specific plans and planned communities. However, all uses and structures within the coastal zone may be subject to a Coastal Development Permit.

(i)

General Plan consistency required. Any permit, license or approval issued pursuant to this Code shall be consistent with the General Plan. In any case where there is a conflict between this Code and the General Plan, the General Plan shall prevail.

(j)

Fees and/or deposits. The Board of Supervisors shall establish by ordinance, and may amend and revise from time to time, fees and/or deposits for processing discretionary permit applications and other permits authorized or required by this Code. All fees and/or deposits shall be paid at the time an application is filed, and no processing shall commence until the fees and/or deposits are paid in full.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

General. The regulations of the Zoning Code and requirements or conditions imposed pursuant to this Code shall not supersede any other regulations or requirements adopted or imposed by the Board of Supervisors of the County, the State of California, or any federal agency that has jurisdiction by law over uses and development authorized by this Code. All uses and development authorized by this Code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Code and any other County Code, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified.

(b)

Permit Streamlining Act. It is the intent of this Code that all actions taken by the decision-making body pursuant to this Code that are solely adjudicatory in nature be within a time frame consistent with the provisions of Government Code Section 65920 et seq., (the Permit Streamlining Act), as may be amended. Nothing in this Code shall be interpreted as imposing time limits on actions taken by the decision-making body pursuant to this Code that are legislative in nature or that require both adjudicatory and legislative judgments.

(c)

Private agreements: The Zoning Code is not intended to abrogate, annul, or impair any easement, covenant, or other agreement between parties, except that where the Zoning Code imposes a greater restriction or higher standard than that required by such agreement, the Zoning Code shall control.

(d)

Relation to prior Code. The provisions of this Code supersede all prior zoning regulations codified in Article 2 of the Codified Ordinances and any amendments. No provision of this Code shall validate any land use or structure established, constructed or maintained in violation of all prior versions of Zoning Code, unless such validation is specifically authorized by this Code and is in conformance with all other regulations.

(e)

Application during local emergency. The Board of Supervisors may authorize a deviation from a provision of this Code during a local emergency declared and ratified under the Codified Ordinances. The Board of Supervisors may authorize a deviation by resolution without notice or public hearing.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

Subarticle 1: Introductory Provisions.

(b)

Subarticle 2: Base Districts.

(c)

Subarticle 3: Overlay, Combining, and Other Districts.

(d)

Subarticle 4: Site Development Regulations.

(e)

Subarticle 5: Standards for Specific Uses and Activities.

(f)

Subarticle 6: Administration and Permits.

(g)

Subarticle 7: General Terms.

(Ord. No. 20-006, § 1, 7-28-20)

Four (4) types of zoning regulations control the use and development property to which this Code applies:

(a)

Land use regulations. These regulations specify land uses permitted, conditionally permitted, or specifically prohibited in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts and for overlay and other districts are in Subarticles 2 and 3 of this Code. Certain regulations, applicable in some or all of the districts, and performance standards which govern special uses, are in Subarticles 4 and 5.

(b)

Development regulations. These regulations control the height, bulk, location, and appearance of structures on development sites. Development regulations for base zoning districts and for overlay and other districts are in Subarticles 2 and 3 respectively of this Code. Development standards and site regulations that apply throughout most or all of the unincorporated area of the county are in Subarticle 4. These include regulations for parking, setbacks, landscaping, and irrigation. Development regulations and procedural requirements applicable to specific uses in some or all districts are in Subarticle 5. These include regulations for accessory uses, signs, antennas, wireless communications facilities, and nonconforming uses.

(c)

Administrative regulations. These regulations in Subarticle 6 of this Code contain detailed procedures for the administration of zoning regulations, and include procedures, processes, and standards for discretionary and ministerial permit applications and other permits.

(d)

General Terms. Subarticle 7 provides a list of use classifications and definitions used in the Code. However, definitions contained in specific Zoning Code sections are to be used specifically for those sections.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 1, 6-25-24)

The following general rules of construction shall apply to the textual provisions of the Comprehensive Zoning Code:

(a)

The specific shall supersede the general.

(b)

In the case of any difference of meanings or implication between the text of the provision and any caption or illustration, the text shall control.

(c)

"Shall" is mandatory. "May" is discretionary.

(d)

Words used in the present tense include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(e)

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

(1)

"And" indicates that all connected items or provisions shall apply.

(2)

"Or" indicates that the connected items or provisions may apply singly or in any combination.

(3)

"Either … or" indicates that the connected items or provisions shall apply but not in combination.

(f)

All public officials, bodies, and agencies to which reference is made are those of the County of Orange unless otherwise indicated.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

County means the County of Orange including any special district governed by the Board of Supervisors.

(b)

Days included within a specific time period do not include the day action was taken but include all subsequent days unless the last day falls upon a Saturday, Sunday, or upon a legal County holiday, in which case the next business day shall be the last day of the time period.

(c)

Director means the Deputy Director, OC Public Works/Manager, OC Development Services, Planning Division ("Director"), or designee, authorized agent, or representative.

(d)

General Plan means the County of Orange General Plan.

(e)

Government Code means the California Government Code.

(f)

State means the State of California.

(g)

Zoning Code means the Comprehensive Zoning Code of the County of Orange, including zoning district maps and planned community or specific plan development plan maps and texts adopted pursuant to or as an amendment to sections 7-9-25.1, 7-9- 47, 7-9-132, and 7-9- 133.

(Ord. No. 20-006, § 1, 7-28-20)

Whenever this Code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment that are expressed in numerical quantities and the result of a calculation contains a fraction of a whole number, the results shall be rounded as follows:

(a)

General rounding. Fractions of one-half (0.5) or greater shall be rounded up to the nearest whole number, and fractions of less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.

(b)

Dwelling unit rounding. Numerical quantities and the result of a calculation that contain a fraction of a whole number, shall be rounded up to the nearest whole number.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 2, 6-25-24)

The purpose of this section is to explain how to calculate various measurements to which these regulations refer.

(Ord. No. 20-006, § 1, 7-28-20)

The sum of the gross horizontal floor area of all floors of a building or other enclosed structure measured from the exterior finished wall surface measured in square feet.

(a)

Included in floor area. Floor area includes, but is not limited to, usable basements and cellars that are below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof or within lines drawn parallel to and two (2) feet within the roof line of any building without walls. In the case of a multi-story building that has covered or enclosed stairways, stairwells or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.

(b)

Excluded from floor area. Floor area does not include mechanical, electrical, and communication equipment rooms that are less than two percent (2%) of the building's gross floor area; areas that qualify as usable open space; and areas used for off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles that are located below the finish grade of the property.

(c)

Non-residential structures and uses. In commercial, professional and administrative office or industrial buildings, or building complexes, areas used in common such as covered malls, walkways, patio areas, and entries open to and directly connecting with outside areas shall not be included when calculating off-street parking requirements. In the case of a multi-story building that has covered or enclosed stairways, stairwells or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.

(Ord. No. 20-006, § 1, 7-28-20)

The net development area calculated by measuring the building site horizontally as a level plane and excluding rights-of-way or easements that prohibit the surface use of the site, except easements for open space purposes on single-family lots. (Examples of open space easements include, but are not limited to, resource preservation and scenic easements.) The minimum building site area shall be undivided and relatively compact although the entire building site may be larger with diffuse parts.

(Ord. No. 20-006, § 1, 7-28-20)

The relationship between the ground floor area of the building or buildings and the project net development area of the site. Site coverage shall be computed by deducting from the gross site area any ultimate street rights-of-way together with all rights-of-way and all easements that prohibit the surface use of the site, except easements for open space purposes on single-family lots. (Examples of open space easements include, but are not limited to, resource preservation and scenic easements.) The following structures shall be excluded when calculating site coverage:

(a)

Unenclosed decks, patio slabs, porches, landings, balconies, and stairways less than eighteen (18) inches in height at the surface of the deck and less than six (6) feet above grade for railings.

(b)

Swimming pools and hot tubs not enclosed in roofed structures or decks.

(c)

One (1) small, non-habitable accessory structure under one hundred twenty (120) square feet in area.

FIGURE 7-9-24.4: DETERMINING SITE COVERAGE

(Ord. No. 20-006, § 1, 7-28-20)

(a)

Calculation of the building site width.

(1)

The measurement shall be taken only within the building site area.

(2)

Calculate the average of a minimum of five (5) straight lines which best represent the average width of the building site area, the five (5) lines are determined using the process below:

a.

Front property line.

1.

Measure the length of the front property line.

2.

If the front property line is curved and/or composed of two (2) or more lines, use a straight line to measure the distance between the points where the front property line meets the side property line.

b.

Rear property line.

1.

Measure the length of the rear property line.

2.

If the rear property line is curved and/or composed of two (2) or more lines, use a straight line to measure the distance between the points where the rear property line meets the side property line.

3.

Minimum of three (3) evenly spaced lines between the front and rear property line:

i.

Determine the mid-point between the front and rear property line, as measured along each side property line, and connect with a straight line.

ii.

Determine the point halfway between the mid-point and the front property line, as measured along each side property line, and connect with a straight line.

iii.

Determine the point halfway between the mid-point and the rear property line, as measured along each side property line, and connect with a straight line.

(3)

All determinations of the building site width of a lot are subject to confirmation by the Director.

(b)

Calculation of the building site depth.

(1)

The measurement shall be taken only within the building site area.

(2)

Calculate the average of a minimum of five (5) straight lines which best represent the average depth of the building site area, the five (5) lines are determined using the process below:

a.

Right side property line:

1.

Measure the length of the right-side property line.

2.

If the right-side property line is curved and/or composed of two (2) or more lines, use a straight line to measure the distance between the points where the right-side property line meets the front and rear property line.

b.

Left (opposite) side property line:

1.

Measure the length of the left side property line.

2.

If the left side property line is curved and/or composed of two (2) or more lines use a straight line, measure the distance between the points where the left side property line meets the front and rear property line.

3.

Minimum of three (3) evenly spaced lines between the right and left side property line.

i.

Determine the mid-point between the right and left side property line, as measured along the front and rear property line, and connect with a straight line.

ii.

Determine the point halfway between the mid-point and the right-side property line, as measured along the front and rear property line, and connect with a straight line.

iii.

Determine the point halfway between the mid-point and the left side property line, as measured along the front and rear property line, and connect with a straight line.

(3)

All determinations of the building site depth of a lot are subject to confirmation by the Director.

Figure 7-9-24.5: Determining Building Site Width and Depth

(Ord. No. 20-006, § 1, 7-28-20)

(a)

Corner lot: The front of a lot is the narrowest dimension of the lot with street frontage so long as the rear setback requirements are met.

(b)

Through lot that abuts two (2) streets that do not intersect: The front setback of a through lot abuts the street that neighboring lots use to provide primary access.

(Ord. No. 20-006, § 1, 7-28-20)

A setback line defining a required setback is parallel to and at the specified distance from the corresponding front, side, or rear property line. The following special regulations for determining shall apply when a lot abuts an alley or proposed street.

(a)

Side setbacks. If a side lot line abuts an alley, the setback shall be considered an interior side setback rather than a corner side setback. In computing the minimum setback for any lot where such setback abuts an alley, no part of the width of the lane may be considered as part of the required setback.

(b)

Rear setbacks. In computing the depth or a rear setback from any building where such setback opens on alley, private street, public park or public beach, one-half (0.5) of the width of such alley, street, park or beach may be deemed to be a portion of the rear setback, except that under this provision, no rear setback shall be less than fifteen (15) feet.

(c)

Setbacks from street. If a property abuts an existing or ultimate right-of-way street for which the existing right-of-way is narrower than the right-of-way ultimately required for the street, the required setback shall be established from the ultimate right-of-way rather than the property line.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

Measurements at shortest distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the shortest distance between the two (2) objects.

(b)

Distances are measured horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.

(c)

Measurements involving a structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

(d)

Measurement of vehicle stacking or travel areas. Measurement of a minimum travel distance for vehicles, such as front-entry garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area.

(e)

Measuring a buffer or radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.

FIGURE 7-9-24.8: MEASURING DISTANCES

(Ord. No. 20-006, § 1, 7-28-20)

(a)

Grade, Ground level. The average elevation, determined by averaging the elevations of four (4) or more points as necessary, at the building site boundary line where it is less than five (5) feet from the building or at five (5) feet outside the perimeter of the bearing or foundation line of building.

(1)

Architectural projections extending less than five (5) feet from the exterior wall are excluded.

(2)

When there is more than one (1) building on a site, average grade is calculated separately for each building.

(b)

Finished grade. The final grade of the site is the elevation at the base of the exterior surface of the building wall, which conforms to the approved plan for the whole site.

(c)

Natural grade. The undisturbed elevation of the ground prior to human intervention.

(Ord. No. 20-006, § 1, 7-28-20)

This section shall also apply to planned communities and specific plan areas unless otherwise stated. Height is the vertical distance from finished grade to the highest point of a building or structure.

(a)

Measuring building height. When a building site slopes in any direction at an average grade of more than ten percent (10%) within the front fifty (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 (5) feet outside of the perimeter of the structure, or at the property line if it is less than five (5) feet from the structure, and by assuming that all ground area closer is flat. See diagram for building height.

FIGURE 7-9-24.10(a) MEASURING BUILDING HEIGHT

(b)

Measuring height of fences and walls. Fence/wall heights shall be measured from the base of the fence/wall to the top on interior or exterior side, whichever is greater. The height of any fence or wall shall be determined by measuring the vertical distance from the base of the fence or wall, at the lowest existing grade on such fence or structure, to the highest point of such structure on the interior or exterior of the structure, whichever is greater. In the case of walls that are parallel to and within five (5) feet of a public sidewalk or other public way, grade shall be the finished elevation of the closest point on the sidewalk or public way.

(1)

Measuring the height of fences on retaining walls. The height of a fence that is on top of a retaining wall is measured from the base of the wall, at the lowest existing grade on such wall, to the highest point of the fence on the highest side of the wall.

FIGURE 7-9-24.10(b) MEASURING HEIGHT OF FENCES ON RETAINING WALLS IN FRONT SETBACK

(Ord. No. 20-006, § 1, 7-28-20)

This article includes zoning maps, general provisions, special regulations and a set of general district regulations limiting and controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the areas and dimensions of sites; the size, height and location of signs; the installation and maintenance of screening and landscaping; the control of vehicular access and the requirement of off-street parking and loading facilities. In addition, this article includes planned community and specific plan maps and texts adopted by ordinance. Sectional district maps, precise plan and specific plan maps, oil field maps, district-C maps, flood insurance rate maps, flood boundary and floodway maps, and all other maps that were officially adopted pursuant to or as an amendment to section 7-9-25 prior to the effective date of Ordinance No. 2142 are included within the term "zoning district map," and all such maps and all subsequently adopted zoning district maps are and shall be a part of this section.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

The unincorporated territory of the County of Orange has been divided into zoning districts, as set forth in Title 7, Division 9, Article 2 of the Codified Ordinances of the County of Orange, as determined and defined by officially adopted zoning maps. Each zoning district map showing the classifications and boundaries of district shall, upon adoption in the manner required by the Planning and Zoning Law, be a part of this article.

(b)

Where uncertainty exists as to the boundaries of districts shown on an official zoning district map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines;

(2)

Boundaries indicated as approximately following the right-of-way lines of streets, highways, or alleys, shall be construed to follow such the right-of-way lines, and in event of change in the right-of-way line shall be construed as moving with the right-of-way line;

(3)

Boundaries indicated as approximately following shorelines shall be construed to follow such shorelines, and in the event of change of the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water, of flood control channels shall be construed to follow such centerlines.

(4)

Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) above shall be so construed; distances not specifically indicated on the official zoning district map shall be determined by the scale of the map.

(6)

Where a street or alley is vacated or abandoned the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned street or alley.

(7)

In case any further uncertainty exists, the Planning Commission shall determine the location of boundaries.

(c)

Designation of base zoning districts.

Table 7-9-25.2(c) lists the base zoning districts into which the County is divided with their map symbols and corresponding General Plan land use designations.

(d)

Designation of Overlay and Combining Districts.

Table 7-9-25.2(d) lists Overlay, Combining, and Other Districts into which the County is divided with their map symbols. These districts may be combined with the base zoning districts listed in Table 7-9-25.2(c), Base Zoning Districts pursuant to Article 2, Subarticle 3 of the Zoning Code. In any district where the base zoning district symbol is followed by one of the following district symbols, the additional requirements, limitations, and standards of the overlay or combining district may apply.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 1, 9-27-22; Ord. No. 24-004, § 3, 6-25-24)

The purpose of the Agriculture and Open Space Districts is to promote the preservation and protection of resource areas including agricultural lands, cultural-historic resources, significant wildlife habitats, and biotic resources that shape the overall urban form of the County as well as lands that provide outdoor recreation opportunities.

The specific designations and additional purposes of the Agriculture and Open Space Districts are:

(a)

The A1 "General Agricultural" District is established to provide for agriculture, outdoor recreational uses, and those low-intensity uses which have a predominately open space character. It is also intended that this district may be used as an interim zone in those areas which the General Plan may designate for more intensive urban uses in the future.

(b)

The B1 "Buffer" District is established to provide open space areas for the purpose of: 1) buffering two (2) areas of use that are incompatible, or 2) preserving an area with unique or sensitive environmental features, or 3) linking other open space areas, or 4) shaping urban form. Normally, such areas would be narrow strips or small plots of land.

(c)

The OS "Open Space" District is established to provide relatively large open space areas for the preservation of natural resources, for the protection of valuable environmental features, for outdoor recreation and education, and for the public health and welfare.

(d)

The R/OSP "Research/Open Space Park" District is established to provide for the creation and maintenance of research and development facilities and related uses where the intent of the design, location and arrangement of uses and structures is to maintain an open space character and prevent potentially significant adverse environmental impacts.

(Ord. No. 20-006, § 1, 7-28-20)

Table 7-9-30.2 and section 7-9-30.4, "Supplemental regulations," prescribe the land use regulations for Agricultural and Open Space Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. Principal permitted uses, which do not require a discretionary permit, shall comply with section 7-9-121.

(a)

"P" designates principal permitted uses. Permitted uses shall comply with section 7-9-121.

(b)

"SDP" designates uses that are principal permitted uses subject to the approval of a Site Development Permit.

(c)

"UP" designates uses that are principal permitted uses subject to the approval of a Use Permit.

(d)

"#" indicates the uses that shall comply with specific limitations listed at the end of the table.

(e)

"—" designates uses that are not permitted.

(f)

"NA" designates development standards that are not applicable.

Land use classifications and definitions are located in sections 7-9-134 and 7-9-135. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and sub-classifications not listed in Table 7-9-30.2 or not found to be substantially similar to the uses below shall be prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other related sections of this Zoning Code.

In the Agriculture and Open Space Districts, the following uses are prohibited:

(a)

Commercial Stockpiling or Processing of Manure.

(Ord. No. 20-006, § 1, 7-28-20)

Table 7-9-30.3 and section 7-9-30.4, "Supplemental regulations," prescribe the site development standards for Agricultural and Open Space Districts. Additional regulations are denoted with section numbers in the right-hand column, which refer to other related sections of this Zoning Code.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

Accessory uses and structures: Per section 7-9-116.

(b)

Fences, walls, and hedges: Per section 7-9-64.

(1)

For R/OSP: Fencing Within Setback Areas: Fencing shall be of a rustic or rural character and per section 7-9-64.

(c)

Garages and carports: Per section 7-9-70.

(d)

Grading and excavation: Per section 7-9-66.

(e)

Landscaping and irrigation: Per section 7-9-68.

(f)

Lighting and illumination: Per section 7-9-67.

(g)

Nonconforming uses and structures: Per section 7-9- 115.

(h)

Off-street parking and loading: Per section 7-970.

(1)

For R/OSP: Off-street parking: Off-street parking shall be provided as required by section 7-9-70 of the Zoning Code except that medical research uses shall provide one (1) stall per four hundred (400) square feet of gross floor area.

(i)

Pets and animals: Per section 7-9-105.

(j)

Screening and landscaping: Per section 7-9-71.

(1)

Landscaping for R/OSP: Per section 7-9-71.2.

(2)

Screening for R/OSP: Per section 7-9-71.1.

(k)

Signs: Per section 7-9-114.

(1)

For B1: No commercial signs.

(l)

Temporary uses and structures: Per section 7-9-117.

(m)

Waste management and hazardous materials: Per section 7-9-118.

(1)

For R/OSP: In addition, all storage of cartons, refuse and other trash shall be stored within a building or within an area enclosed by a masonry wall not less than six (6) feet in height. If unroofed, no such area shall be within fifty (50) feet of any residential or agricultural zoning district boundary.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of the Single-Family Residential districts is to provide for a range of low-density single-family development that is compatible with the natural terrain and conforms to the County's residential growth projections. Housing types range from rural, large-lot estates to medium-density single-family attached and detached residential neighborhoods. These districts also include a variety of neighborhood-serving facilities and services such as schools, childcare facilities, community assembly facilities as well as local and community open space, trails, and parks.

(a)

The AR "Agriculture Residential" District is established to provide for the development and maintenance of medium density single-family residential neighborhoods in conjunction with agricultural and outdoor recreational uses.

(b)

The E1 "Estates" District is established to provide for the development and maintenance of very-low density single-family residential neighborhoods in conjunction with limited agricultural uses. A rural or estate type character with open space and deep setbacks shall predominate. Only those uses are permitted that are complementary to, and can exist in harmony with, this character.

(c)

The RHE "Residential Hillside Estates" District is established to provide for the development and maintenance of low-medium-density single-family residential neighborhoods in hillside areas in such a manner that they may be compatible with areas of steep irregular terrain. Only those uses are permitted which are complementary to and can exist in harmony with such a hillside residential neighborhood.

(d)

The E4 "Small Estates" District is established to provide for the development and maintenance of low-medium-density single-family residential neighborhoods in which open spaces and deep setbacks predominate. Only those uses are permitted that are complementary to and can exist in harmony with such a residential neighborhood.

(e)

The RE "Residential Estates" District is established to provide for the development and maintenance of low-density single-family residential neighborhoods in which large building sites and generous open spaces are featured. Only those uses are permitted that are complementary to and can exist in harmony with such a residential neighborhood.

(f)

The R1 "Single-Family Residence" District is established to provide for the development and maintenance of medium density single-family detached residential neighborhoods. Only those uses are permitted that are complementary to and can exist in harmony with such a residential neighborhood.

(g)

The RS "Residential Single-Family" District is established to provide for the development and maintenance of medium-density single-family attached or detached residential neighborhoods in which flexibility of development and optimum utilization of each building site are featured. Only those uses are permitted that are complementary to and can exist in harmony with such a residential neighborhood.

(Ord. No. 20-006, § 1, 7-28-20)

Table 7-9-31.2 and section 7-9-31.4, "Supplemental regulations," prescribe the land use regulations for Single-Family Residential Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.

(a)

"P" designates principal permitted uses. Permitted uses, except those in R1, shall comply with section 7-9-121.

(b)

"SDP" designates uses that are principal permitted uses subject to the approval of a Site Development Permit.

(c)

"UP" designates uses that are principal permitted uses subject to the approval of a Use Permit.

(d)

"#" indicates the use classification shall comply with specific limitations listed at the end of the table.

(e)

"—" designates uses that are not permitted.

(f)

"NA" designates development standards that are not applicable.

Land use classifications and definitions are located in sections 7-9-134 and 7-9-135. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and sub-classifications not listed in the table or not found to be substantially similar to the uses below shall be prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other related sections of this Zoning Code.

In the Single-Family Residential Districts, the following uses are prohibited:

(a)

Commercial stockpiling or processing of manure.

(b)

Keeping pets or animals for any commercial purpose unless otherwise provided for by an approved Use Permit.

(c)

Storage of vehicles, equipment, or products related to a commercial activity not permitted in this district.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 4, 6-25-24)

Table 7-9-31.3 and section 7-9-31.4, "Supplemental regulations," prescribes the site development standards for Single-Family Residential Districts. Additional regulations are denoted with section numbers in the right-hand column, which refer to other related sections of this Zoning Code.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

Accessory uses and structures: Per section 7-9-116.

(b)

Fences, walls, and hedges: Per section 7-9-64.

(c)

Garages and carports: Per section 7-9-70.

(d)

Grading and excavation: Per section 7-9-66.

(e)

Landscaping and irrigation: Per section 7-9-68.

(f)

Lighting and illumination: Per section 7-9-67.

(g)

Nonconforming uses and structures: Per section 7-9-115.

(h)

Off-street parking and loading: Per section 7-9-70.

(i)

Pets and animals: Per section 7-9-105.

(j)

Screening and landscaping: Per section 7-9-71.

(k)

Signs: Per section 7-9-114.

(l)

Swimming pools and spas: Per section 7-9-116.2.

(m)

Temporary uses and structures: Per section 7-9-117.

(n)

Waste management and hazardous materials: Per section 7-9-118.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of the Multifamily Residential districts is to provide for medium- to high-density residential development. These districts also include a variety of neighborhood-serving facilities and services such as schools, childcare facilities, community assembly facilities as well as local and community open space, trails, and parks.

(a)

The R2 "Multifamily Dwelling" District is established to provide for the development and maintenance of high-density multifamily residential neighborhoods with a low building height and a minimum amount of open space at a minimum density of thirty (30) dwelling units per acre. Those uses are permitted that are complementary to and compatible with such a residential neighborhood.

(b)

The R3 "Apartment" District is established to provide for the development and maintenance of high-density multifamily residential neighborhoods with taller buildings and a minimum amount of open space at a minimum density of thirty (30) dwelling units per acre. Only those uses which are compatible with high-density residential uses are permitted.

(c)

The R4 "Suburban Multifamily" District is established to provide for the development and maintenance of high-density multifamily residential neighborhoods with a moderate amount of open spaces at a minimum density of thirty (30) dwelling units per acre. Only those uses are permitted that are complementary to and are compatible with such a residential neighborhood.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 5, 6-25-24)

Table 7-9-32.2 and section 7-9-32.4, "Supplemental regulations," prescribes the land use regulations for Multifamily Residential Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.

(a)

"P" designates principal permitted uses.

(b)

"SDP" designates uses that are principal permitted uses subject to the approval of a Site Development Permit.

(c)

"UP" designates uses that are principal permitted uses subject to the approval of a Use Permit.

(d)

"#" indicates the use classification shall comply with specific limitations listed at the end of the table.

(e)

"—" designates uses that are not permitted.

(f)

"NA" designates development standards that are not applicable.

Land use classifications and definitions are located in sections 7-9-134 and 7-9-135. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and sub-classifications not listed in the table or not found to be substantially similar to the uses below shall be prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other related sections of this Zoning Code.

In the Multifamily Residential Districts, the following uses are prohibited:

(g)

Apiaries.

(h)

Keeping pets or animals for any commercial purpose unless otherwise provided for by an approved permit.

(i)

The storage of vehicles, equipment, or products related to a commercial activity not permitted in this district.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 6, 6-25-24)

This section, including Table 7-9-32.3, and section 7-9-32.4, "Supplemental regulations," specify the site development standards for Multifamily Residential Districts.

(a)

Access to units.

(1)

Each residential unit shall have one (1) front door. A front door shall be defined as the primary doorway that visitors and guests are directed to enter the residential unit from a publicly accessible exterior area (e.g., parking lot, sidewalk, driveway, etc.).

(2)

Doorways providing direct access from a publicly accessible exterior area into a residential unit shall only be allowed in common living areas subject to the following exceptions:

a.

One (1) doorway into one (1) bedroom for each residential unit.

b.

Doorways into a garage.

c.

Doorways into areas with no internal access to the residential unit (e.g., storage closets).

d.

Doorways required by other local governmental agencies (e.g., Orange County Fire Authority, Orange County Health Care Agency, etc.).

(3)

If a stairwell is separated by an interior doorway or other partially framed-in opening from other common living areas there shall be no direct exterior access into the stairwell area.

(4)

A maximum of one (1) kitchen for each residential unit shall be permitted.

(5)

The floor plan shall not be designed in a way that would allow splitting into two (2) or more separate residential units with simple or minor changes as determined by the Director.

(6)

Multifamily residential projects with two (2) or more units shall provide a minimum of one hundred fifty (150) square feet of exterior open space per dwelling unit of which a minimum of one hundred (100) square feet shall be private and accessible directly from the residential unit. The balance of open space shall be provided on-site as common open space area.

(b)

In Table 7-9-32.3, additional regulations are denoted with section numbers in the right hand column, which refer to other related sections of this Zoning Code.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 7, 6-25-24)

(a)

Accessory uses and structures: Per section 7-9-116.

(b)

Fences, walls, and hedges: Per section 7-9-64.

(c)

Garages and carports: Per section 7-9-70.

(d)

Landscaping and irrigation: Per section 7-9-68.

(e)

Lighting and illumination: Per section 7-9-67.

(f)

Nonconforming uses and structures: Per section 7-9-115.

(g)

Off-street parking and loading: Per section 7-9-70.

(h)

Planned (unit) developments: Per section 7-9-47.

(i)

Screening and landscaping: Per section 7-9-71.

(j)

Signs: Per section 7-9-114.

(k)

Swimming pools and spas: Per section 7-9-116.2.

(l)

Temporary uses and structures: Per section 7-9-17.

(m)

Waste management and hazardous materials: Per section 7-9-118.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of the Commercial Districts is to accommodate a range of retail, office and community uses and services to serve surrounding neighborhoods, the larger community, and the region and are sited at appropriate locations and compatible with surrounding development. Commercial development and other non-residential uses and services shall be sited at locations accessible to all transportation modes where a safe means of travel can be provided to users along the right-of-way. Residential rental projects that are one hundred percent (100%) affordable and emergency shelters, multi-service centers, and low-barrier navigation centers that provide services for persons experiencing homelessness, are also permitted in Commercial Districts, pursuant to section 7-9-44, "Housing Opportunities" Overlay District.

(a)

The C1 "Local Business" District is established to provide for the development and maintenance of medium-intensity commercial uses serving the needs of both the surrounding neighborhood and the local community. All commercial uses and their related products in the C1 districts shall be contained entirely within a completely enclosed structure, except for parking and loading areas, and except for outdoor uses expressly permitted by an approved Site Development Permit or Use Permit.

(b)

The C2 "General Business" District is established to provide for the development and maintenance of high-intensity commercial uses which serve the local community but which may not be compatible with surrounding residential uses or certain commercial uses.

(c)

The CN "Commercial Neighborhood" District is established to provide for the development and maintenance of low-intensity commercial uses which serve the immediate needs of the surrounding neighborhood. Such uses are to be grouped in small areas of three (3) to eight (8) acres and designed so that adverse impacts on residential properties are minimized. Business hours in the CN District shall be limited to the hours between 6:00 a.m. and 10:30 p.m. unless otherwise provided for by a Use Permit approved by the Zoning Administrator. All commercial uses and their related products in the CN district shall be contained entirely within a completely enclosed structure, except for parking and loading areas and except for outdoor uses expressly permitted by an approved Site Development Permit or Use Permit.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 1, 9-27-22; Ord. No. 24-004, § 8, 6-25-24)

Table 7-9-33.2 and section 7-9-33.4, "Supplemental regulations," prescribe the land use regulations for Commercial Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.

(a)

"P" designates principal permitted uses.

(b)

"SDP" designates uses that are principal permitted uses subject to the approval of a Site Development Permit.

(c)

"UP" designates uses that are principal permitted uses subject to the approval of a Use Permit.

(d)

"#" indicates the use classification shall comply with specific limitations listed at the end of the table.

(e)

"—" designates uses that are not permitted.

(f)

"NA" designates development standards that are not applicable.

Land use classifications and definitions are in sections 7-9-134 and 7-9-135. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and sub-classifications not listed in the table or not found to be substantially similar to the uses below shall be prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other related sections of this Zoning Code.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 1, 9-27-22; Ord. No. 24-004, § 9, 6-25-24)

Table 7-9-33.3 and section 7-9-33.4, "Supplemental regulations," prescribe the development standards for Commercial Districts. Additional regulations are denoted with section numbers in the righthand column, which refer to other related sections of this Code.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 10, 6-25-24)

(a)

Business Hours:

(1)

For CN: Business hours shall be limited to the hours between 6:00 a.m. and 10:00 p.m. unless otherwise provided for by a Use Permit approved by the Zoning Administrator.

(b)

Enclosed Uses:

(1)

For CN: All commercial uses and their related products shall be contained entirely within a completely enclosed structure, except for parking and loading areas and except for outdoor uses expressly permitted by an approved Site Development Permit or Use Permit.

(c)

Landscape and irrigation: Per section 7-9-68.

(1)

For CN: Landscaping per section 7-9-71.2.

(d)

Lighting and illumination: Per section 7-9-67.

(e)

Off-street parking and loading: Per section 7-9-70.

(1)

For CN: All loading operations shall be performed on-site and loading areas shall be screened by a landscape or architectural feature.

(f)

Nonconforming uses and structures: Per section 7-9-115.

(g)

Planned (unit) developments: Per section 7-9-48.

(h)

Screening and landscaping: Per section 7-9-71.

(i)

Signs: Per section 7-9-114.

(1)

For CN: Wall Signs. There shall be no more than one (1) such sign per public entrance for each use.

(2)

For CN: Freestanding signs. Not more than one (1) freestanding sign shall be permitted on each site.

(j)

Temporary uses and structures: Per Section 7-9-117.

(k)

Vehicular Access Regulations: Street openings in the C1 and C2 Districts shall be a minimum of twenty-two (22) feet apart and twenty-two (22) feet from any existing street openings, measured at the ultimate street right-of-way line; however, every building site shall be permitted to have at least one (1) street opening.

(l)

Waste management and hazardous materials: Per section 7-9-118.

(m)

In addition, all storage of cartons, containers, and trash in the C1, C2, and CN Districts shall be enclosed by a wall not less than six (6) feet in height. If unroofed, no such area shall be located within forty (40) feet of any district zoned for residential or agricultural uses.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 11, 6-25-24)

The Employment Districts are areas intended for use by employment generators, which are usually light and service industries or professional-administrative uses that have few nuisance or hazard problems. The uses shall be compatible with one (1) another and with surrounding development. Locations shall be transit accessible and provide opportunities for transportation demand management measures to reduce the potential for congestion and facilitate access to transit. Sites shall be designed to promote safe and comfortable travel by pedestrians, bicyclists, and public transportation riders.

(a)

The M1 "Light Industrial" District is established to provide for the development and maintenance of light industrial uses and industry-supporting activities. Industry supporting activities are those activities which tend to promote the vitality of light industrial areas by providing a convenient location for services incidental to the conduct of business of the permitted uses, thus internalizing vehicle trips for such services. Industry-supporting activities are typically those which naturally locate in an industrial area because the principal part of their business activity is derived from such areas. It is intended that these regulations promote the effective operation of light industrial uses by site design and by excluding incompatible uses. It is also intended that potentially significant adverse environmental impacts on the surrounding community be prevented. In those areas of the district where a wide mix of older general retail commercial uses have been established, a secondary intent shall be to support appropriate new uses of high quality over simple consistency with these older, established uses. Residential rental projects that are one hundred percent (100%) affordable and emergency shelters, multi-service centers, and low-barrier navigation centers that provide services for persons experiencing homelessness, are also permitted in the M1 "Light Industrial" District, pursuant to section 7-9-44, "Housing Opportunities" Overlay District.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 3, 9-27-22; Ord. No. 24-004, § 12, 6-25-24)

Table 7-9-34.2 and section 7-9-34.4, "Supplemental regulations," prescribe the land use regulations for the Employment District. The regulations for the district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.

(a)

"P" designates principal permitted uses.

(b)

"SDP" designates uses that are principal permitted uses subject to the approval of a Site Development Permit.

(c)

"UP" designates uses that are principal permitted uses subject to the approval of a Use Permit.

(d)

"#" indicates the use classification shall comply with specific limitations listed at the end of the table.

(e)

"—" designates uses that are not permitted.

(f)

"NA" designates development standards that are not applicable.

Land use classifications and definitions are in sections 7-9-134 and 7-9-135. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and sub-classifications not listed in the table or not found to be substantially similar to the uses below shall be prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other related sections of this Zoning Code.

In the Employment Districts, the following uses are prohibited:

(a)

Mining or processing of cement, sand, gravel, clays, and other minerals or earth products.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 3, 9-27-22; Ord. No. 24-004, § 13, 6-25-24)

Table 7-9-34.3 and section 7-9-34.4, "Supplemental regulations," prescribe the development standards for the Employment District. Additional regulations are denoted with section numbers in the right-hand column, which refer to other related sections of this Zoning Code.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 14, 6-25-24)

(a)

Accessory uses and structures: Per section 7-9-116.

(b)

Landscaping and irrigation: Per section 7-9-68.

(b)

Lighting and illumination: Per section 7-9-67.

(c)

Nonconforming uses and structures: Per section 7-9-115.

(d)

Off-street parking and loading: Per section 7-9-70.

(1)

For M1: All loading operations shall be performed on the building site and shall be screened by a landscape or architectural feature in such a manner as not to be visible from a public street or from adjacent residential or agricultural districts.

(e)

Screening and landscaping: Per section 7-9-71.

(f)

Signs: Per section 7-9-114.

(g)

Temporary uses and structures: Per Section 7-9-117.

(h)

Trash and Storage Area: All storage of cartons, containers and trash shall be enclosed by a building or by a wall not less than six (6) feet in height. If unroofed, no such area shall be located within forty (40) feet of any district zoned for residential or agricultural use.

(i)

Waste management and hazardous materials: Per section 7-9-118.

(Ord. No. 20-006, § 1, 7-28-20)

Rock, sand, aggregate, gravel, earth, clay and similar materials are valuable natural resources whose recovery in a responsible manner is encouraged. These regulations are intended to provide for surface mining, and quarrying, and processing of these materials in a manner that is both environmentally sensitive and compatible with existing and future land uses. These regulations are also intended to implement the Surface Mining and Reclamation Act (SMARA) and the regulations of the State Mining and Geology Board (California Code of Regulations, Title 14, Division 2, Chapter 8, Subchapter 1, Section 3500 et seq., as may be amended). These regulations, together with the "Sand, Gravel and Mineral Extraction Code of the County of Orange" (Division 10), are intended to ensure that sites are excavated in a safe and reasonable manner with progressive reclamation to a natural appearing or otherwise usable condition compatible with adjacent areas. When a conflict exists between this Code and SMARA, SMARA and the associated State regulations shall be the controlling authority.

(Ord. No. 20-006, § 1, 7-28-20)

These regulations apply to all existing and future pits or operations that are being used or are proposed to be used for mining, quarrying, or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials within the unincorporated territory of the County of Orange. For any site placed in the SG "Sand and Gravel Extraction" District between March 30, 1973, and January 1, 1976, the legal description of the property, the general plan of operation, the ultimate use proposal, and the Rehabilitation Plan and any amendments thereto in effect on January 1, 1976, and the standards formerly set forth in Section 7-9-351.8 of the Codified Ordinances of the County of Orange shall constitute an SG Site Permit for purposes of these regulations. Such permits may be acted upon pursuant to Sections 7-9-125.9 and 7-9-125.8 of this Code without effect to the underlying property SG zoning. Pursuant to State Public Resources Code, Section 2714, as may be amended, these regulations shall not apply to the following:

(a)

Excavation operations incidental to the development of property in which a specified quantity of material is to be removed to a predetermined elevation so that, upon completion, the site shall be left suitable for development, and for which a valid grading permit is in force. The predetermined elevation shall be the finished surface shown on the grading plan. However, this exception shall not apply to any such excavation operations which are not completed within one (1) year from the date excavation operations are commenced. There shall be no renewals or extensions of this one (1) year period.

(b)

Commercial batch plants and processing, or storage of sand, gravel, rock, aggregate, clay or similar materials where no extraction or excavation operations are conducted on the site. A grading permit may be required for disposal of waste material, as determined by the Building Official.

(Ord. No. 20-006, § 1, 7-28-20)

This section defines terms that have specific application to the SG "Sand and Gravel Extraction" District and shall apply in addition to the definitions in Article 1, Division 10 of Title 7, the Sand, Gravel and Mineral Extraction Code. Definitions of terms that apply in all County zoning districts are in Article 2, Subarticle 7, General Terms, of this Zoning Code.

Extraction Plan: See "Operation Plan."

Operation Plan: A map or set of maps supported by text and map notes which fully illustrate and set forth the mining limits of operation for each extraction area within the project. The plan also depicts all additional permitted uses, the horizontal and vertical limits of grading, cross sections of slopes to be formed or modified, existing vegetation, stockpile areas for storage of overburden, office, weigh station, roads, driveways and parking areas internal to the site.

Reclamation: The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

Reclamation Plan: A map or set of maps supported by text and map notes which fully illustrate and set forth the logistics (means and project phasing) to restore to a natural appearing or otherwise usable condition the project site in conformance with Sections 2772 and 2773 of SMARA and Section 3500 of the State Mining and Geology Board regulations. In addition, when appropriate the plan shall include a landscaping plan for the revegetation of the site prepared by a licensed landscape architect.

Sand and Gravel Site Permit: A discretionary permit which sets forth the means and order which an area zoned SG "Sand and Gravel Extraction" shall be surface mined or quarried and restored to a natural or otherwise usable condition following such activities. The permit is supported by a comprehensive set of maps and text delineating all uses permitted on the particular site. The permit also consists of an operation plan, a drainage and erosion control plan, a vehicular access plan and the reclamation plan.

(Ord. No. 20-006, § 1, 7-28-20)

The following uses may be permitted with an SG Site Permit. Land use classifications and definitions are in sections 7-9-134 and 7-9-135. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and sub-classifications not listed below or not found to be substantially similar to the uses below shall be prohibited.

(a)

Surface mining and quarrying of rock, sand, gravel, aggregate, earth, clay and similar materials.

(b)

Storage, stockpiling, distribution and sale of rock, sand, gravel, aggregate, earth, clay and similar materials.

(c)

The installation and operation of plants or apparatus for rock, aggregate, and other salvaged construction materials such as salvaged asphalt, rubber tires (rubberized asphalt), glass (road base) or concrete crushing or cement treatment of base materials, and appurtenant screening, blending, washing, loading, and conveyer facilities.

(d)

Concrete batching plants and mixing plants for either portland cement or asphaltic concrete, and other related products.

(e)

The manufacture of concrete and clay products and prestressed structural units in conjunction and concurrent with excavation on the site.

(f)

Sanitary landfilling, including inert materials disposal sites.

(g)

Shops, garages and warehouses for the repair, maintenance and storage of equipment and supplies necessary for the conduct of the uses permitted.

(h)

Offices for the conduct of the uses permitted.

(i)

Not more than two (2) single-family dwelling units for employees engaged in guarding or carrying on the uses permitted.

(j)

Public and private parks and recreation areas and appurtenant buildings and improvements when they are compatible with all other authorized uses on the site and the reclamation of the site.

(k)

Agricultural and other types of open space uses.

(l)

Other uses necessary or incidental to surface mining and quarrying operations on the site, including but not limited to the storage and servicing of mining and constructive equipment used on-site.

(Ord. No. 20-006, § 1, 7-28-20)

The establishment, operation, and maintenance of the uses permitted in the SG District by section 7-9-35.4 shall be in compliance with the following standards unless otherwise provided for by an SG Site Permit approved by the Planning Commission.

(a)

Depth: Excavation in any pit-type of mining operation shall not exceed one hundred fifty (150) feet in depth as measured from existing grade.

(b)

Drainage and erosion control: Surface drainage shall be controlled to prevent the addition of silt or loose material above that naturally occurring in any existing drainage course or encroaching upon adjoining property and improvements. All provisions to control watercourses shall be designed to prevent overflow or diversion of water away from the natural point of discharge.

(c)

Dust control: Roads, driveways and parking areas on the site shall be maintained to control dust.

(d)

Off-Street Parking and Loading: Per SG Site Permit.

(1)

All loading operations shall be performed on the building site and shall be screened by a landscape or architectural feature in such a manner as not to be visible from a public street or from adjacent residential or agricultural districts.

(e)

Nonconforming Use and Structures: Per section 7-9-115.

(f)

Reclamation schedule: Reclamation of each area shall commence as soon as excavation operations or other SG related operations have been completed within an area, and continue in a diligent manner prior to or concurrently with the extension of excavation operations to a new area.

(g)

Removal of buildings and equipment: Buildings and equipment used in surface mining and quarrying operations shall be removed within six (6) months of the termination of surface mining and quarrying operations on the site.

(h)

Screening and Landscaping: Extracting and processing operations shall be screened in such a manner that they are not readily visible from any public street. Screening shall be set back at least twenty (20) feet from any intersection of driveways, streets or sidewalks.

(i)

Setbacks: Per sections 7-9-127, 7-9-128, and 7-9-137.

(j)

Signs: Per section 7-9-114.

(k)

Waste Management and Hazardous Materials: Per section 7-9-118.

(Ord. No. 20-006, § 1, 7-28-20)

Applications for SG Site Permits shall include all the information required by Section 2772 of the California Public Resources Code (SMARA), including the following:

(a)

Plan of operations:

(1)

Recent aerial photograph of the site.

(2)

Property lines and lease lines, including a legal description of the site.

(3)

The existing topography of the site and land within five hundred (500) feet of the site and any existing structures, watercourses, levees, drainage facilities, utility easements and facilities, roads and driveways existing within said areas.

(4)

The location and condition of any abandoned pits and previously mined areas on the site.

(5)

The area or areas to be excavated and typical cross sections of slopes to be formed or modified.

(6)

The depth of all proposed excavations.

(7)

The sequence and approximate time frames within which the areas shown are proposed to be excavated and otherwise used including days and hours of operation.

(8)

The location of all proposed structures, including processing plants and appurtenant equipment and fences. Where such facilities are proposed to be relocated over the course of the life of the SG Site Permit, their various proposed locations shall be shown.

(9)

Existing vegetation.

(10)

A report of a comprehensive soils engineering and engineering geological investigation prepared by a registered civil engineer and a certified engineering geologist, relative to the setbacks, slopes and excavations proposed.

(11)

Landscaping, if any, proposed to be planted in addition to that indicated on the reclamation plan.

(12)

Details of areas for the storage of overburden and waste material and any proposed berms.

(13)

Roads, driveways and parking areas on the site for all equipment and employees' cars.

(b)

Drainage and erosion control plan:

(1)

The location and approximate depth of proposed settling basins, desilting ponds, recycling ponds and other bodies of water. Where such facilities are proposed to be relocated over the course of the life of the SG Site Permit, their various proposed locations shall be shown.

(2)

The existing groundwater level and annual fluctuation of all areas to be excavated where appropriate.

(3)

Methods to be taken for the disposition of drainage and for the control of erosion, erosion cutback and sedimentation.

(4)

If applicable, provisions to be taken for the conservation and protection of groundwater. Approvals obtained or required from the appropriate Regional Water Quality Control Board shall be indicated.

(c)

Vehicular access plan: A vehicular access plan describing, in addition to the points of ingress and egress to the site, the streets and highways to be used by vehicles going to and coming from the site, and the type and size and quantity of vehicles anticipated. This plan shall be designed in a manner so as to minimize additional vehicular traffic over local residential streets.

(d)

Reclamation plan: A reclamation plan consisting of a map or maps and appurtenant notes which fully illustrate and set forth how and when each portion of the site shall be restored to a natural appearing or otherwise usable condition which is readily adaptable for alternative land uses and creates no danger to public health or safety. In addition, the plan shall include a revegetation or landscaping plan. The revegetation or landscaping plan shall take into account the nature of the soil on the site and appropriate plant materials. The reclamation plan shall conform to SMARA, the Orange County Sand, Gravel, and Mineral Extraction Code, and the regulations of the State Mining and Geology Board, as may be amended, (California Code of Regulations, Chapter 8, Title 14, Section 3500 et seq.)

(e)

Other exhibits and plans as may be required in compliance with current provisions of SMARA.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

SG Site Permits shall be processed for approval in the same manner as Area Plans per section 7-9-125.

(b)

Reclamation plans and any amendments thereto shall be transmitted to the State Department of Conservation for review and comment forty-five (45) days prior to any approval action by the County.

(c)

The Director may approve operations which deviate from an SG Site Permit for a period of up to one hundred twenty (120) days, provided that changed circumstances necessitate such a deviation and that the public health, safety, or welfare are not endangered by such a deviation. If the Director approves the temporary deviation, then the Director shall notify the Planning Commission who may then revoke or modify the approval. There may not be an extension beyond the initial 120-day period of the deviation.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

Where an SG Site Permit has been issued or a reclamation plan has been approved, persons owning the land which is the subject of the SG Site Permit or reclamation plan shall undertake or cause to be undertaken, in a timely manner, the reclamation of any area used for surface mining and quarrying operations in accordance with said SG Site Permit or reclamation plan.

(b)

The failure to undertake or cause to be undertaken reclamation work required by subsection (a) in a timely manner shall be, and the same is hereby declared to be, unlawful and a public nuisance endangering the health, safety, and general welfare of the public and a detriment to the surrounding community. There shall be a hearing held by the Board of Supervisors on due notice to the owner and operator to determine the fact of noncompliance with subsection (a) and the extent of the public nuisance.

(c)

In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the Board of Supervisors, after notice and hearing as per subsection (b), may cause the necessary remedial and reclamation work to be done, and the cost thereof shall be assessed against the owners of the property. The notice shall be in writing and mailed to all persons whose names appear on the latest equalized assessment roll as owners of the real property at the addresses shown on said assessment roll, or as otherwise known by the Board of Supervisors to be the owners or operators of the property involved. The Director shall also cause at least one (1) copy of such notice to be posted in a conspicuous place on the premises. No assessment shall be held invalid for failure to post or to mail or correctly address any notice if this section has been substantially complied with.

(d)

The Board of Supervisors shall at the hearing make findings which specify the unlawful condition and the corrective work required to be done, and if said corrective work is not commenced thirty (30) days after receipt of such order and diligently prosecuted to completion, the County of Orange may cause such work to be done; in which case, the cost and expense of such work, including the incidental expenses incurred by the County, shall be assessed against the owners of the property and become a lien upon such property.

(e)

If upon the expiration of the thirty-day period provided for in this section the work has not been done or commenced, and is not being prosecuted with diligence, the County shall proceed to do such work or cause such work to be done. Upon completion of such work, the Director shall file a written report with the Board of Supervisors setting forth the fact that the work has been completed and the cost to be assessed. The Board of Supervisors shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work. The Clerk of the Board of Supervisors, directed by the Board, shall thereafter give notice in writing to the owners and operators of the property of the hour and place that the Board shall pass upon said report and shall hear protests against said assessments. Such notice shall also set forth the amount of the proposed assessment. Upon the date and hour set for the hearing of protests, the Board shall hear and consider the report from the Director and all protests, if there be any, and then proceed to confirm, modify or reject the assessments.

(f)

A list of assessments as finally confirmed by the Board shall be sent to the Tax Collector for collection. If any assessment is not paid within ten (10) days after its confirmation by the Board, the Clerk of the Board of Supervisors shall cause to be filed in the office of the County Recorder of the County of Orange a notice of lien.

(g)

From and after the date of the recordation of such notice of lien, the amount of the unpaid assessment shall-be a lien on the property against which the assessment is made, and such assessment shall bear interest at the rate of six (6) percent per annum until paid in full. Such lien shall continue until the amount of the assessment and all interest thereon shall have been paid. The lien shall be subordinate to tax liens and all fixed special assessment liens previously imposed upon the same property but shall have priority over all contractual liens which may thereafter be created against the property. From and after the date of recordation of such notice of lien, all persons shall be deemed to have notice of the content thereof.

(Ord. No. 20-006, § 1, 7-28-20)

All references to this section shall include sections 7-9-36.1 through 7-9-36.5.

(Ord. No. 24-004, § 15, 6-25-24)

The purpose of the "Mixed-Use" District (MX) regulations is to facilitate the vertical and horizontal mixing of retail, office, and multifamily residential uses and the development of mixed-use buildings accommodating both high-density residential and employment activities. In both infill contexts and in larger projects, these regulations shall facilitate the inclusion of cultural, civic, educational, and urban recreational uses and support transit-oriented development and alternative modes of transportation.

(Ord. No. 24-004, § 15, 6-25-24)

(a)

All mixed-use projects containing market-rate multifamily residential units and commercial space, shall be subject to a Use Permit acted on by the Planning Commission.

(b)

Projects that contain only multifamily residential units shall be permitted subject to a Site Development Permit.

(c)

Residential condominium, stock cooperative, and community apartment projects are permitted subject to a Use Permit acted on by the Planning Commission.

(d)

Multifamily residential projects that reserve one hundred percent (100%) of its units for lower income households, shall be subject to a ministerial Affordable Housing Permit as set forth in section 7-9-124.3.

(Ord. No. 24-004, § 15, 6-25-24)

(a)

All mixed-use projects shall provide multifamily residential units on no less than fifty percent (50%) of the total floor area for the project.

(b)

Only dwelling units shall be allowed above the ground level in any mixed-use building.

(c)

No automobile/vehicle sales and services shall be allowed, including automobile/vehicle service and repair (major and minor), service and gas stations, and automobile/vehicle washing and services as part of the mixed-use project.

(d)

No wholesale trade, warehouse, storage, and distributions shall be allowed.

(Ord. No. 24-004, § 15, 6-25-24)

The following base district development standards and parking regulations may be modified if requested by the applicant as an incentive in the density bonus application process pursuant to section 7-9-87 and the Orange County Housing Opportunities Manual. Notwithstanding section 7-9-36, all fully residential projects shall be subject to the Land Use Regulations, Site Development Standards, and Supplemental Regulations set forth in section 7-9-32 and applicable to the R3 "Apartment" District. For mixed-use developments within Specific Plan areas and/or Planned Communities, the relevant Specific Plan or Planned Community development standards shall apply.

(a)

Maximum building height. Shall be sixty-five (65) feet. An increase in the maximum building height of up to twelve (12) feet may be approved as an incentive if the project is eligible for a density bonus pursuant to section 7-9-87.

(b)

Building setbacks. Shall be the minimum required setbacks pursuant to section 7-9-61.9.

(c)

Minimum residential density. The minimum residential density for a mixed-use, or fully residential project, shall be thirty (30) dwelling units per acre (net development area) with a minimum area of one thousand-four hundred (1,400) square feet per unit.

(d)

Maximum residential density. The maximum residential density for a mixed-use, or fully residential project, shall be forty-four (44) dwelling units per acre (net development area) with a minimum area of one thousand (1,000) square feet per unit. An increase in residential density may be achieved if the project is eligible for a density bonus pursuant to section 7-9-87.

(e)

Minimum usable open space for residential uses. One hundred fifty (150) square feet per dwelling unit of which one hundred (100) square feet shall be private and accessible from the dwelling unit. The balance may be provided by common area open space.

(f)

Off-street parking for mixed-use projects. The number of parking spaces required for both commercial and residential uses shall be consistent with Government Code 65863.2. If the development is located farther than one-half (½) mile from public transit, the following parking requirements shall apply. The number of parking spaces required for residential uses shall be added to the number of parking spaces required for non-residential uses to determine the total number of parking spaces required for the project.

(1)

Off-street parking requirements for market-rate residential units.

a.

Zero to one-bedroom dwelling units. One (1) off-street parking space for each dwelling unit.

b.

Two-bedroom dwelling units. One and a half (1.5) off-street parking spaces for each dwelling unit.

c.

Three (3) or more bedroom dwelling units. Two (2) off-street parking spaces for each dwelling unit, plus one-half (0.5) off-street parking space for each bedroom in excess of three (3).

d.

Required spaces shall be off-street and located within two hundred (200) feet walking distance along a pedestrian path (i.e., sidewalk, crosswalk, etc.) of the dwelling unit they serve.

e.

For "wrap-around" multifamily, multi-story residential developments, where the units surround an interior parking structure, the required spaces shall be off-street and located within two hundred (200) feet of the elevator servicing the units.

f.

Off-street guest parking for residential units is not required.

(2)

Off-street parking spaces required for affordable housing residential units shall be calculated using one (1) of the following:

a.

The parking requirements set forth in State Density Bonus Law or other applicable State law.

b.

The County's residential off-street parking requirements for affordable housing projects if one hundred percent (100%) of the units are affordable pursuant to section 7-9-70.

c.

Required spaces shall be off-street and located within two hundred (200) feet walking distance along a pedestrian path (i.e., sidewalk, crosswalk, etc.) of the dwelling unit they serve.

d.

For "wrap-around" multifamily, multi-story residential developments, where the units surround an interior parking structure, the required spaces shall be off-street and located within two hundred (200) feet of the elevator servicing the units.

e.

Off-street guest parking for residential units is not required.

(3)

Off-street parking spaces required for non-residential uses shall be pursuant to section 7-9-70.

a.

Ground level retail and restaurants. One (1) for each two hundred (200) square feet of gross floor area. Up to twenty percent (20%) of the gross floor area may be restaurant use.

b.

Ground level office uses. One (1) for each one hundred fifty (150) square feet of gross floor area.

(g)

Off-street parking for fully residential projects. The number of parking spaces required shall be consistent with Government Code 65863.2. If the development is located farther than one-half (½) mile from public transit, the Off-Street Parking and Loading Regulations set forth in section 7-9-70 for multifamily residential uses shall apply. Sec. 7-9-36.5. Supplemental regulations.

(Ord. No. 24-004, § 15, 6-25-24)

(a)

Street Frontage Improvements. New mixed-use development shall provide street frontage improvements in accordance with the following.

(1)

Between the Property Line and Curb.

a.

Sidewalks. Sidewalks shall be provided if none exist or if the existing sidewalks are in poor condition.

b.

Street furniture. Trash receptacles, benches, bike racks, and other street furniture shall be provided.

c.

Street lights. Pedestrian-scaled street lights, including attachments from which banners may be hung, may be required.

d.

Street trees. Shade trees shall be planted in compliance with applicable County standards.

(2)

Interior from Property Line. Except where occupied by a building or necessary for parking access, the street frontage, for a depth of ten (10) feet from the property line, shall be utilized for pedestrian circulation or active outdoor uses, including, but not limited to outdoor dining; paved for public uses so that it functions as part of a wider public sidewalk; or improved with landscaping, public art, and/or pedestrian amenities, such as outdoor seating.

(b)

Building Orientation and Entrances.

(1)

Buildings shall be oriented to face public streets.

(2)

At least one (1) entrance shall be provided per one hundred (100) linear feet of building frontage unless the building has unique security needs.

(3)

Entrances located at corners shall generally be located at a 45-degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner.

(4)

Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

(c)

Ground Level Openings for Non-Residential Uses. Exterior walls facing and within twenty (20) feet of a front or street side building line shall include windows, glass doors, or other openings for at least sixty percent (60%) of the building wall area located between two and one-half (2.5) and seven (7) feet above the level of the sidewalk. No wall facing a street and within twenty (20) feet of a front or street side building line may run in a continuous plane for more than twenty-five (25) feet without a window or other opening.

FIGURE 7-9-36.5. REQUIRED OPENINGS FOR NON-RESIDENTIAL USES

(1)

Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three (3) feet deep.

(2)

Exceptions for Parking Garages. Multi-level garages are not required to meet the building transparency requirement of this subsection.

(d)

Pedestrian Access.

(1)

Internal Connections. On sites greater than two and one-half (2.5) acres in size, a system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

(2)

To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes and trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

(3)

To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible, while still providing for safety and security.

(4)

Interior Pedestrian Walkway Design.

a.

Walkways shall have a minimum clear, unobstructed width of six (6) feet, where feasible, and shall be hard-surfaced with concrete, stone, tile, brick, or comparable material.

b.

Where a required walkway crosses driveways, parking areas, or loading areas, it shall be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method and shall meet ADA requirements.

c.

Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four (4) inches high, bollards, or other physical barrier.

(e)

Parking area design. Parking lot design, including screening and landscaping, shall be per section 7-9-70.4(b) "Parking Area Design."

(Ord. No. 24-004, § 15, 6-25-24)

All references to this district shall include sections 7-9-40.1 through 7-9-40.8.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of the CD "Coastal Development District" is to implement the California Coastal Act (Division 20 of the Public Resources Code) and the certified Local Coastal Programs of the County of Orange. It is intended that these procedures and regulations constitute the minimum standards for all development projects within the Coastal Zone.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

This district may be combined with any other district. In any district where the district symbol is followed by, as part of such symbol, a parenthetically enclosed "(CD)," the additional requirements, limitations, and standards of this district shall apply. The district symbol shall constitute the base district, and the (CD) suffix shall constitute the combining district. In the event of conflicting provisions between the base district and the combining district, the requirements of the CD District shall take precedence.

(b)

The provisions of this section are in addition to the provisions of sections 7-9-20 and 7-9-25.2. Where uncertainty exists as to the exact location of the CD District boundary, the following rules shall apply.

(1)

When a portion of a building site lies, or appears to lie, partially within the CD District and any existing or proposed development of such building site is within the CD District, the building site shall be considered to be within the CD District.

(2)

When a portion of a building site lies, or appears to lie, partially within the CD District and no development of such building site is within the CD District, the building site shall be considered to be not within the CD District.

(3)

When a public or private street or a highway lies partially within the CD District, the entire width of that portion of such street or highway lying partially within the CD District shall be considered to be within the CD District.

(Ord. No. 20-006, § 1, 7-28-20)

The following definitions shall apply to all areas within the CD District. In case of a conflict between the definitions contained in this section and those contained in sections 7-9-134 and through 7-9-135, the definitions contained in this section shall prevail within the CD District.

Aggrieved person. Any person who, in person or through a representative, appeared at a public hearing regarding a Coastal Development Permit; or who, prior to action on a Coastal Development Permit, informed the County in writing of his concerns about an application for such permit; or who for good cause was unable to do either and objects to the action taken on such permit and wishes to appeal such action to a higher authority.

Appealable development. Any Coastal Development Permit application that may be appealed to the California Coastal Commission pursuant to the Coastal Act of 1976, as amended.

Approving authority. Any person, committee, commission or board authorized by the applicable zoning or specific plan regulations, or by the provisions of this district to approve, conditionally approve or disapprove a Coastal Development Permit or discretionary permit application or project.

Certified Local Coastal Program (LCP). A plan for the use of property within the Coastal Zone, together with the Zoning Code, zoning district maps and other necessary implementing actions, which has been adopted by the County of Orange and certified by the California Coastal Commission pursuant to the Public Resources Code. A certified LCP may include individual geographic segments.

Coastal bluff.

(a)

Any bluff where the toe of the slope is now, or within the past two hundred (200) years has been, subject to marine erosion;

(b)

Any bluff where the toe of the slope is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified in the Public Resources Code Section 30603(a)(1) or (a)(2), as may be amended.

Coastal Commission. The California Coastal Commission established pursuant to the California Coastal Act (Division 20 of the Public Resources Code).

Coastal Development Permit. A permit issued by the County of Orange or the Coastal Commission which is an approval of a use subject to the provisions of section 7-9-40 and the California Coastal Act.

Coastal Zone. That area of land and water extending seaward to the State's outer limit of jurisdiction and the unincorporated portion of the County of Orange specified on a Coastal Zone map adopted by the State Legislature as adjusted by the Coastal Commission pursuant to the requirements of the California Coastal Act.

Development. Means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials. Change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use. Change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, and kelp harvesting.

Development project. Any of the uses, activities or structures listed under the definition of "development" when carried out, undertaken or established individually or independently of any other such use, activity or structure; or any group or combination of the listed uses, activities or structures which combine to form, or are a component part of an integrated project.

Energy facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy.

Estuary. All areas within the mean high tide line of any coastal water body subject to tidal action, usually semi-enclosed by land, having open, partially obstructed or intermittent exchange with the open sea and in which ocean water is at least occasionally diluted by fresh water runoff from the land.

First public road paralleling the sea. The inland right-of-way line of that street or highway nearest to the sea which is generally parallel to the sea and which:

(a)

Is lawfully open and suitable for uninterrupted use by the public;

(b)

Is maintained by a public agency;

(c)

Is an improved all-weather road open to motor vehicle traffic in at least one direction;

(d)

Is not subject to any restrictions on use by the public except during an emergency or for military purposes; and which

(e)

Connects with other public roads providing a continuous access system and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.

(f)

Whenever no public road can be designated which conforms to all provisions of (a) through (e) above, and a public road does exist which conforms to all provisions of (a) through (d) above, the effect of designating the first public road paralleling the sea shall be limited to the following.

(1)

All parcels between the Pacific Ocean and such other public road; and

(2)

Those parcels immediately adjacent to the sea and inland of such other public road.

Inland extent of the beach. The rocky shoreline to the toe of the bluff, all wet and dry sand area to the seaward vegetation line, toe of the bluff, or to a linear feature such as a sea wall, a road, or other permanent structures.

Local Coastal Program. See "Certified Local Coastal Program."

Major energy facility. Any energy facility exceeding fifty thousand dollars ($50,000), or such minimum as may be adopted by the State of California, in actual or estimated cost of construction.

Major public works project. Any public works project exceeding fifty thousand dollars ($50,000), or such other minimum as may be adopted by the State of California, in actual or estimated cost of construction.

Person. Any individual, organization, partnership, or other business association or corporation, including any utility and any federal, state, local government, or special district or an agency thereof.

Principal permitted use. The permitted main use that is designated specifically in the zoning district or specific plan regulation district of each specific certified LCP segment.

Public trust lands. All lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation and other public purposes, including tidelands, submerged lands, beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time.

Public works.

(a)

All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the California Public Utilities Commission, except for energy facilities.

(b)

All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.

(c)

All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

(d)

All community college facilities.

Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

Stream. A natural watercourse identified as a stream on a map adopted pursuant to a certified Local Coastal Program, or as designated by a solid or dotted line on the USGS 7.5 minute quadrangle series map. The bank of the stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel that separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where the stream has no discernible bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. Channelized streams not having significant habitat value shall not be considered.

Structure. Includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

Submerged lands. Lands that lie below the line of mean low tide.

Tidelands. Lands that are located between the line of mean high tide and mean low tide.

Wetland. Lands within the Coastal Zone that may be covered periodically or permanently with shallow water, and including salt water marshes, freshwater marshes, open or closed brackish water marshes, swamps, mud flats, and fens.

(Ord. No. 20-006, § 1, 7-28-20)

Except as otherwise provided by section 7-9-40.5, any person, partnership, corporation or state or local government agency proposing to undertake any development project within the CD District shall obtain approval of a Coastal Development Permit in compliance with the provisions of this District. A tentative tract map shall not be approved and a building permit, grading permit, or encroachment permit shall not be issued prior to the issuance of a Coastal Development Permit unless the project is categorically exempted per section 7-9-40.5.

It is the intent of these regulations to minimize the number of times a development project shall be required to secure a Coastal Development Permit. Whenever a proposed development project includes more than one "development," as defined in section 7-9-40.3, it is intended that, where feasible, the "developments" be integrated into one development project and that the Coastal Development Permit application be processed at the most appropriate stage of the project. Any such Coastal Development Permit application shall include such information and details as necessary to permit an appropriate decision to be made for all stages or phases of the development project.

(Ord. No. 20-006, § 1, 7-28-20)

Development projects listed below are exempt from the requirement for having an approved Coastal Development Permit from the County of Orange. A current record of all categorically exempted developments shall be available for public and Coastal Commission review and shall include the following information for each. name of applicant, location of the project, and brief description of the project. Exempt projects are as follows;

(a)

Development projects, included in any categorical exclusion list adopted pursuant to the certified Local Coastal Program and to Section 30610(e) the Public Resources Code, as may be amended.

(b)

Improvements to an existing structure, with the exception of the following.

(1)

Improvements to any structure located.

a.

On a beach;

b.

In a wetland;

c.

Seaward of the mean high tide line; or

d.

Where the dwelling or proposed improvement would encroach within fifty (50) feet of the edge of a coastal bluff.

(2)

Improvements to any structure located between the sea and the first public road paralleling the sea or within three hundred (300) feet of the inland extent of a beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

(3)

Improvements to any structure located within significant scenic resources areas as designated by the certified Local Coastal Program or the Coastal Commission when such improvements would constitute or result in any of the following.

a.

An increase of ten (10) percent or more of the internal floor area of the existing structures on the building site.

b.

An increase in the floor area in any amount when the structure has previously been improved in compliance with these exemptions as described in this section.

c.

The construction of an additional story or a loft.

d.

The construction, placement or establishment of any detached structure.

(4)

Any significant alteration of land form, or removal or placement of vegetation, on a beach, wetland, sand dune, within one hundred (100) feet (fifty (50) feet for a single-family dwelling) of the edge of a coastal bluff, or in an area of natural vegetation designated by the Coastal Commission as significant natural habitat.

(5)

Expansion or construction of a water well or septic system.

(6)

Improvements in any area where the Coastal Commission has determined to have a critically short water supply that shall be maintained for the protection of coastal resources or public recreational use. Such improvement would be a major water user not essential to residential use, including, but not limited to, swimming pools and landscape irrigation systems.

(7)

Any improvements when the Coastal Development Permit issued for the original structure indicated that future additions would require a subsequent Coastal Development Permit.

(8)

Improvements to any structure or change in occupancy that would result in an increase in the intensity of the uses on the building site.

(9)

Improvements that convert any existing structures from a multiple unit rental use or visitor serving commercial use to a condominium, stock cooperative, or time share project.

(10)

Public works facility.

(c)

Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the Coastal Zone, pursuant to a permit from the United States Army Corps of Engineers.

(d)

Repair or maintenance activities that do not result in any addition to, enlargement, or expansion of, the object of such repair or maintenance activities, with the exception of the following.

(1)

Repair or maintenance of a sea wall revetment, bluff retaining wall, breakwater, groin, culvert, outfall or similar shoreline work which involves substantial alteration of the foundation, including pilings and other surface and subsurface structures.

(2)

The placement, whether temporary or permanent, of riprap, or artificial berms of sand, or any other form of solid material, on a beach or in coastal waters, streams, wetlands, estuaries, or on shoreline protective works.

(3)

The replacement of twenty (20) percent or more of the materials of an existing structure with materials of a different kind.

(4)

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or, coastal bluff or within twenty (20) feet of coastal waters or streams.

(5)

Any method of routine maintenance dredging that involves.

a.

The dredging of one hundred thousand (100,000) cubic yards or more within a twelve (12) month period.

b.

The placement of dredged spoils of any quantity on any sand area, within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty (20) feet, of coastal waters or streams.

c.

The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that shall be maintained for protection of structures, coastal access or public recreational use.

(6)

Any repair or maintenance to facilities or structures or work located in any sand area, within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area; or within twenty (20) feet of any coastal waters or streams that include.

a.

The placement or removal, whether temporary or permanent, of riprap, rocks, sand or other beach materials or any other forms of solid materials.

b.

The presence, whether temporary or permanent, of mechanized equipment or construction materials.

(e)

The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this district.

(f)

The replacement of any structure, other than a public works facility, destroyed by natural disaster, provided any such replacement structure conforms to applicable current zoning regulations, is designed and intended for the same use as the destroyed structure, does not exceed the floor area, height, or bulk of the destroyed structure by more than ten (10) percent, and is sited in the same location on the same building site as the destroyed structure.

(g)

Development projects on tidelands, submerged lands, or on public trust lands, whether filled or unfilled, when such projects are permitted pursuant to a Coastal Development Permit issued by the Coastal Commission.

(h)

Projects normally requiring a Coastal Development Permit but which are undertaken by a public agency, public utility or person performing a public service as emergency measures to protect life and property from imminent danger or to restore, repair or maintain public works, utilities and services during and immediately following a natural disaster or serious accident, provided the Director, and the Executive Director of the Coastal Commission are notified within three (3) days after the disaster or discovery of the danger regarding the type and location of the emergency measures to be performed. This exemption does not apply to the erection, construction, or placement of any structure with an estimated cost or market value in excess of twenty-five thousand dollars ($25,000.00) in a permanent location.

(i)

Ongoing routine repair and maintenance activities of local governments, state agencies, and public utilities (such as railroads) involving shoreline works protecting transportation roadways, as specified in Board of Supervisors' Resolution No. 82-1917, adopted on December 22, 1982.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 4, 9-27-22)

See section 7-9-127.1, Coastal Development Permit Procedures.

(Ord. No. 20-006, § 1, 7-28-20)

When a Coastal Development Permit requires dedication of a public access, open space, or a conservation easement prior to recordation of a final tract or parcel map or prior to issuance of the Coastal Development Permit, the legal dedication document shall be approved by the Director, OC Public Works or designee, and the Executive Director of the Coastal Commission prior to such recordation or permit issuance. The offer of dedication shall be processed in the following manner.

(a)

After the Director has approved the offer of dedication, the offer of dedication, together with a copy of the Coastal Development Permit conditions and findings, shall be forwarded to the Executive Director for review and approval. The Executive Director shall, within fifteen (15) working days after receipt of the documents, notify the Director and the applicant of any recommended changes to the dedication offer.

(b)

If the Director has not received a notice of recommended changes from the Executive Director at the end of the fifteen (15) working day period, the map may be recorded or the permit may thereafter be issued in compliance with applicable County procedures and regulations.

(c)

If the Executive Director has recommended changes in the offer of dedication, the subject map shall not be recorded, nor shall the permit be issued, until the offer of dedication has been revised in a manner satisfactory to, and as approved by, the Director and the Executive Director.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of this section is to provide regulations and procedures that shall ensure compliance with the California Coastal Act and with the requirements of all certified Local Costal Programs and the provisions of this District.

(a)

Violations. The following provisions are applicable within the CD District. A violation of a certified Local Coastal Program (LCP) may be prosecuted by the County of Orange in the name of the people of the State of California, or may be redressed by civil action.

Any person who violates any provision of the LCP shall be subject to a civil fine of not to exceed ten thousand dollars ($10,000.00). In addition to any other penalties, any person who intentionally and knowingly performs any development in violation of the LCP shall be subject to a civil fine of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000.00) per day for each day in which such violation occurs.

(b)

Revocations. Failure of any person to abide by and faithfully comply with any and all conditions that may be attached to the approval of a permit issued pursuant to the provisions of this District shall constitute grounds for the revocation of said permit.

The failure of any Coastal Development Permit application to be processed in compliance with the requirements and procedures of this District shall constitute grounds for revocation for such permit.

(c)

Judicial review. Any violation of the Zoning Code within the District shall also constitute a violation of Division 20 Section 30000 et seq. of the Public Resources Code and shall be subject to the remedies, fines and penalties provided in Division 20, Chapter 9, Section 30800 et seq. of the Public Resources Code, as may be amended.

(Ord. No. 20-006, § 1, 7-28-20)

All references to this section shall include sections 7-9-41.1 through 7-9-41.8.

(Ord. No. 20-006, § 1, 7-28-20)

The E "Equine" District is established to allow the keeping of horses, ponies, donkeys, or mules in certain developed residential areas up to specified numbers, so that residents may retain and preserve a semi-rural environment, including the retention of equestrian uses.

(a)

The purpose of this district is to specify the number of horses, ponies, donkeys or mules which are allowed on residential properties.

(b)

The intent is to maintain the rural, open space character of the County's traditional equestrian communities.

(Ord. No. 20-006, § 1, 7-28-20)

This district may be combined with any other district. In any district where the district symbol is followed by, as a part of such symbol, the parenthetically enclosed letter "(E)", the additional requirements and procedures contained in this section shall apply. The district symbol shall constitute the base district and the (E) suffix indicates that the combining district also applies. Any ambiguity or conflict shall be resolved by the Director pursuant to section 7-9-20.

(Ord. No. 20-006, § 1, 7-28-20)

The following regulations shall be applicable to all properties located in any (E) District.

(a)

The regulations applicable to principal uses and structures in the underlying base district shall apply.

(b)

The total number of horses, ponies, donkeys, or mules on a property shall not exceed one (1) per five thousand (5,000) square feet unless a greater number is approved through a Recreational Equine Use Permit.

(c)

For purposes of these regulations, the breeding of horses, ponies, donkeys, or mules owned or leased by the property owner, resident, lessee, members of his/her immediate family, and/or mares present on the property temporarily for breeding purposes shall not be considered a commercial use.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

(1)

A Recreational Equine Use Permit approved by the Zoning Administrator shall be obtained for the keeping of more than one (1) horse, pony, donkey or mule, or any combination thereof, for every five thousand (5,000) square feet on properties with an (E) designation. No more than one (1) horse, pony, donkey, or mule per three thousand five hundred (3,500) square feet shall be permitted under this section.

(2)

No Recreational Equine Use Permit shall be granted unless all subject horses, ponies, donkeys, or mules are owned or leased by the property owner, resident, lessee, members of his/her immediate family, and any mares present on the property temporarily are for breeding purposes.

(3)

The property owner, resident or lessee shall at any time after the filing of the permit application, and at all times after such permit is issued, make available proof of ownership of each horse, pony, donkey or mule on the property to any County representative.

(4)

The Zoning Administrator shall provide forty-five (45) days for review and comment from the applicable citizens' advisory body(ies) designated by the Board of Supervisors regarding the application for a Recreational Equine Use Permit prior to the issuance of such permit. If no response is received from such citizens' advisory body(ies) within the forty-five-day comment period, the citizens' body(ies) shall be deemed to have no objection to the issuance of the permit.

(5)

In addition to the foregoing, notice of the consideration of the permit shall be given as specified in section 7-9-125.4.

(b)

Recreational Equine Use Permit Application submittal requirements. In addition to the information required by section 7-9-125, each Recreational Equine Use Permit application shall include a signed declaration from the applicant attesting to the fact that the ownership of all of the horses, ponies, donkeys, or mules on the property conforms with 7-9-41.4(a)(2) above.

(c)

An applicant for the Recreational Equine Use Permit may keep horses, ponies, donkeys, or mules subject to the application on the property during the application process until notice has been received of the final disposition of the application.

(Ord. No. 20-006, § 1, 7-28-20)

The Zoning Administrator shall conduct proceedings to revoke a Recreational Equine Use Permit pursuant to section 7-9-125.9 if a violation of any of its provision occurs. Wherever the term "Planning Commission" is used in that section, it shall mean "Zoning Administrator" for the purposes of revocation pursuant to this section only. An appeal of a decision of the Zoning Administrator upon a revocation proceeding to the Planning Commission shall be conducted pursuant to section 7-9-125.10.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

For the purpose of determining whether or not an equine use was lawfully established, any property having a total area of more than five thousand (5,000) and less than ten thousand (10,000) square feet on the effective date of this ordinance shall be permitted to maintain no more than two (2) horses, ponies, donkeys, or mules, or any combination thereof, as a legal, nonconforming use recognized under this ordinance, without obtaining a Recreational Equine Use Permit pursuant to section 7-9-41.4 and 7-9-125.

(b)

Consistent with Zoning Code section 7-9-115(c), a Recreational Equine Use Permit approved by the Zoning Administrator pursuant to section 7-9-41.4 and 7-9-125 shall be obtained for the keeping of more than two (2) horses, ponies, donkeys, or mules, or any combination thereof, on any property having a total area of more than five thousand (5,000) square feet and less than ten thousand (10,000) square feet. The density provision of section 7-9-41.4(a)(1) shall not apply to a property of this size.

(Ord. No. 20-006, § 1, 7-28-20)

The following corral setbacks shall be allowed.

(a)

Except for those regulations regarding the proximity of neighboring residential windows with equine specified in the Health Code, open rail corral fences up to five (5) feet in height with visual through-line-of-sight may be allowed up to a street right-of-way line through which no vehicular access is taken.

(b)

Those areas with vehicular intersection access shall have such fences angle back from the access points by following the angle line between two (2) points located on, and fifteen (15) feet distant from, the point of intersection of the access way and the street right-of-way line.

(Ord. No. 20-006, § 1, 7-28-20)

If any provision of this section or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this section to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this section are severable.

(Ord. No. 20-006, § 1, 7-28-20)

All references to this section shall include sections 7-9-42.1 through 7-9-42.12. The California Legislature has in Government Code sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the County of Orange does hereby adopt the following floodplain management regulations.

(Ord. No. 20-006, § 1, 7-28-20)

The purposes of the FP "Floodplain" District include.

(a)

Prevention of loss of life and property and to minimize economic loss caused by flood flows.

(b)

Establishment of criteria for land management and land use in flood-prone areas that are consistent with the criteria promulgated by the Federal Emergency Management Agency (FEMA) for the purpose of providing flood insurance eligibility for property owners.

(c)

Regulation and control of use of land below the elevation of the base flood flow within the floodplain.

(d)

Compliance with the Cobey-Alquist Floodplain Management Act requirements for floodplain management regulations.

(Ord. No. 20-006, § 1, 7-28-20)

The following definitions apply for floodplain management purposes in addition to any applicable definitions found in section 7-9-135, and those definitions incorporated from the County's adoption of the California Building Code and International Building Code.

Accessory structure. A subordinate building located on a building site with a primary use which is ancillary to that of a main building or primary use of the land.

Alteration of watercourse. Any change, addition, or modification to a watercourse made by excavating, or placing fill, rock protection, or structural improvements.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year, i.e., "100-year flood."

Basement. Any area of the building having its floor subgrade—i.e., below ground level, on all sides.

Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Coastal floodplain development study. A County of Orange report contains technical criteria and standards necessary to provide protection of property from the ocean along the unincorporated coastal plain.

Coastal high hazard area. The area subject to ocean related hazards, including but not limited to storms, hurricane wave wash, and tsunamis.

Design flood. The flood having a one-percent chance of being equaled or exceeded in any given year or an area designated as a flood hazard area on the County's legally designated flood hazard map.

Design flood elevation (DFE). The elevation of the "design flood," including wave height, relative to the datum specified on the County's legally designated flood hazard map.

Development. Any man-made change to residential and non-residential improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Dry floodproofing. A combination of measures that results in a structure, including the attendant utilities and equipment and sanitary facilities, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.

Encroachment on floodplain. The advance or infringement of uses, plant growth, fill, excavation, new construction, substantial improvements, buildings, permanent structures, or other development into a floodplain which may impede or alter its flow capacity.

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 29, 1980.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood. A general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, and the rapid accumulation of run-off of surface waters from any source and mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground.

Flood control project. A dam or barrier designed and constructed to keep water away from or out of a specific area, including but not limited to levees, floodwalls, and channelization.

Flood damage-resistant material. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

Flood hazard area. The greater of the two (2) following areas: 1) The area within a floodplain subject to a one-percent or greater chance of flooding in any year, or 2) The area designated as a flood hazard area on the County's legally designated flood hazard map.

Flood insurance rate map (FIRM) and flood boundary and floodway map. The official maps on which the Federal Insurance Administration has delineated the areas of special flood hazard, the risk premium zones, and the floodways applicable to the community.

Flood insurance study. The official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

Floodplain. The land area adjacent to a watercourse and other land areas susceptible to being inundated by water.

Floodplain administrator. The Director of OC Public Works (OCPW), or his or her designee who has the authority to administer, implement, and enforce "Floodplain" District regulations and grant or deny applicable development permits.

Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

Floodway. The channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Freeboard. An additional amount of height of a structure above the Base Flood Elevation used as a factor of safety (e.g., one foot above the Base Flood) in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulations.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Light-duty truck. A vehicle with a gross vehicle weight up to eight thousand five hundred (8,500) pounds which has a curb weight of up to six thousand (6,000) pounds and has a basic vehicle frontal area of up to forty-five (45) square feet, which is designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or designed primarily for purposes of transportation of persons and has a capacity of more than twelve (12) persons, or available with special features enabling off-street or off-highway operation and use.

Lowest floor. The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of sections 7-9-42 through 7-9-42.12.

Manufactured home. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Market value. For the purposes of a structure, means the value determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed.

(1)

The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry.

(2)

The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of external obsolescence.

Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

New construction. For floodplain management purposes, means structures for which the "start of construction" commenced on or after October 29, 1980, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after October 29, 1980.

Nuisance. Shall be considered to be a condition on real property, caused, maintained, or permitted to exist in violation of any of the laws, statutes, and ordinances which the County or Flood Control District is authorized to enforce including but not limited to violations relating to permit conditions.

Permit for floodplain development. Any permit for development and/or use of property within the floodplain provided by the Zoning Code.

Recreational Vehicle. A vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, or seasonal use.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Reference vertical datum. The National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, as applicable, to which base flood elevations shown on a community's flood insurance rate map are referenced by the Federal Emergency Management Agency.

Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Special flood hazard area (SFHA). An area in the floodplain subject to a one (1) percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

Start of construction. Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Variance. A discretionary grant of permission to depart from the specific requirements of this Code that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zoning classification.

Violation. The failure of a structure or other development to be fully compliant with sections 7-9-42 through 7-9-42.12. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in sections 7-9-42 through 7-9-42.12 is presumed to be in violation until such time as that documentation is provided.

Watercourse. A lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 25-011, § 1, 5-20-25)

(a)

"Floodplain" Districts. These "Floodplain" District ("FP District") regulations apply per section 7-9-25.1, special flood hazards, those areas of the County which, under present conditions, are subject to periodic flooding and accompanying hazards.

(1)

The FP-1 is intended to be applied to areas shown as "floodway" on the December 3, 2009 or most current federal FIRMs and FBFMs and areas in which the County has determined that a floodway exists.

(2)

The FP-2 applies to areas shown as "A," "A1" through "A30," "AO," "AE," "AH," "A99" and "M" on the December 3, 2009 or most current federal FIRMs and FHBMs and to areas in which the County has determined to be a special flood hazard area.

(3)

The FP-3 applies to areas shown as "V" and "V1" through "V30," and "VE" on the December 3, 2009 or most current federal FIRMs or FHBMs and to areas in which the County has determined to be a coastal high hazard area.

(4)

This district may be combined with any other district. In any district where the district symbol is followed by parenthetically enclosed "(FP-1)," "(FP-2)," or "(FP-3)," the additional requirements, limitations, and standards of this district shall apply. The district symbol shall constitute the base district, and the FP suffix shall constitute the combining district. In the event of less restrictive conflicting provisions between the base district and the combining district, the requirements of the FP-1, FP-2 or FP-3 shall take precedence.

(5)

The areas of special flood hazard identified by FEMA in the Flood Insurance Study (FIS) for Orange County, California and incorporated areas dated December 3, 2009, with accompanying FIRMs and FBFMs, dated December 3, 2009, and all subsequent amendments and/or revisions, are hereby adopted and incorporated by reference and declared to be a part of sections 7-9-42 through 7-9-42.12. This FIS and attendant mapping is the minimum area of applicability of sections 7-9-42 through 7-9-42.12 and which is recommended to the Board of Supervisors by the Floodplain Administrator. The FIS, FIRMs and FBFMs are on file at the Orange County Flood Control District, at its current address.

(b)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of sections 7-9-42 through 7-9-42.12 and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor as governed by section 7-9-130. Nothing herein shall prevent the County of Orange from taking such lawful action as is necessary to prevent or remedy any violation.

(c)

The degree of flood protection required by sections 7-9-42 through 7-9-42.12 is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and shall occur on rare occasions. Flood heights may be increased by man-made or natural causes. Sections 7-9-42 through 7-9-42.12 does not imply that land outside the areas of special flood hazards or uses permitted within such areas shall be free from flooding or flood damages. Sections 7-9-42 through 7-9-42.12 shall not create liability on the part of the County of Orange or the Orange County Flood Control District, or its officers or employees thereof, for any flood damages that result from reliance on sections 7-9-42 through 7-9-42.12 or any administrative decision lawfully made hereunder.

(d)

These "Floodplain" District regulations are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these regulations and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(e)

In the interpretation and application of sections 7-9-42 through 7-9-42.12, all provisions shall be considered as minimum requirements, liberally construed in favor of the County of Orange, and deemed neither to limit nor repeal any other powers granted under state statutes.

(f)

Until a regulatory floodway is adopted, no new construction, substantial improvement, or other development (including fill) shall be permitted within FIRM Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, shall not increase the water surface elevation of the base flood more than one (1) foot.

(g)

Floodproofing regulations shall apply to new construction or substantial improvement of residential and nonresidential structures. The floodproofing methods used shall be determined by project type and shall be subject to applicable local, State, and Federal regulations, including the National Flood Insurance Program.

(1)

Dry floodproofing methods shall be utilized for new construction or substantial improvements of nonresidential structures. Appropriate design and construction methods, along with attendant utility and sanitary facilities, shall be utilized to ensure that the structure is watertight with substantially impermeable walls that are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood.

(2)

Wet floodproofing shall be applied to new construction or substantial improvement of residential structures. Permanent or contingent measures shall be utilized to prevent or provide resistance to damage from flooding by allowing water to enter the structure.

(h)

This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(i)

Permits shall be required for all proposed construction and other development within Special Flood Hazard Areas (SFHA) on the Flood Insurance Rate Map (FIRM).

(j)

These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; accessory utility and miscellaneous buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 25-011, § 2, 5-20-25)

The Director of OC Public Works (OCPW), or designee, is hereby appointed as Floodplain Administrator as defined in section 7-9-135, and has the authority to administer, implement, and enforce "Floodplain" District regulations, and grant or deny development permits. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following.

(a)

Permit review. Review all applications to determine that.

(1)

Permit requirements of sections 7-9-42.1 through 7-9-42.12 have been satisfied.

(2)

All other required state and federal permits have been obtained.

(3)

The site is reasonably safe from flooding.

(4)

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but a floodway has not been designated. This means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one (1) foot.

(b)

Review and use of any other base flood data. When base flood elevation data had not been provided in an application for a site development permit, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation (BFE) and floodway data available from a federal or state agency or other source. In FIRM Zone A, in the absence of FEMA BFE data and floodway data, other available data shall be considered as basis for elevating residential structures to or above base flood level, and for floodproofing or elevating nonresidential structures to or above base flood level.

(c)

Notification of other agencies. Prior to the alteration or relocation of a watercourse, the Floodplain Administrator shall notify adjacent communities and the California Department of Water Resources, and submit evidence of such to FEMA. Assurance shall be given that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

(d)

Documentation of Floodplain Development. Documentation and records regarding floodplain development shall be maintained and made available to the public in accordance with Federal and State law. Where BFE data are utilized, records of lowest floor and floodproofing elevations for new construction and substantial improvements shall be obtained and maintained.

(e)

License status verification. All professional engineers and architects certifying development projects in the unincorporated area shall be California-registered and shall provide a copy of their current professional license to the Floodplain Administrator.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 25-011, § 3, 5-20-25)

The following uses and specifically identified structures complying with section 7-9-121 are permitted in the FP-1, FP-2, and FP-3 except as prohibited by section 7-9-42.

(a)

Agriculture.

(b)

Public flood control facilities and devices.

(c)

Public utility facilities.

(d)

Public parks and recreation areas.

(e)

Accessory uses and structures entirely of a storage nature that are less than one hundred twenty (120) square feet in floor area or five hundred (500) square feet for a wood frame garage;

(f)

Walls, wood fences, and chain link fences that satisfy the applicable development standards of sections 7-9-42 through 7-9-42.12.

(g)

All recreational vehicles placed in Zones A1-30, AH, AE, V1-30 and VE on the community's FIRM shall:

(1)

Be on the site for fewer than one hundred eighty (180) consecutive days.

(2)

Be fully licensed and ready for highway use. For purposes of this section, a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

(3)

Meet the requirements for Coastal Development Permits in sections 7-9-42 through 7-9-42.12 and the elevation and anchoring requirements for manufactured homes.

(Ord. No. 20-006, § 1, 7-28-20)

The following uses are permitted, subject to the approval of a Site Development Permit per section 7-9-125 except as prohibited by section 7-9-42.

(a)

FP-2. Other structures and uses, including manufactured homes, permitted by the base district which meet the following additional standards shall:

(1)

Be designed and adequately anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic levels, including the effects of buoyancy.

(2)

Be constructed with materials resistant to flood damage.

(3)

Be constructed by methods and practices that minimize flood damage.

(4)

For buildings including manufactured homes, the elevation of the lowest floor, including the basement or cellar, shall be at least one (1) foot above the base flood elevation. In FIRM Zone AO, new and substantially improved residential structures shall have their lowest floor (including basement) elevated above the highest adjacent grade and at least as high as the depth number on the FIRM plus one (1) foot, or not less than three (3) feet if a depth number is not specified. In FIRM Zone AO, new and substantially improved nonresidential structures shall have their lowest floor (including basement) elevated above, or completely floodproofed above, the highest adjacent grade and to at least as high as the depth number on the FIRM plus one (1) foot, or not less than three (3) feet if a depth number is not specified. (Informational Note: Flood insurance may still be required of the property owner by the lender if the building pad or foundation is at or below the base flood elevation.)

(5)

Be designed so as to not significantly redirect flood flows against other unprotected structures and properties.

(6)

For manufactured homes that are placed or substantially improved, on sites located: (1) outside of a pre-existing manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to a pre-existing manufactured home park or subdivision; or (4) in a pre-existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:

a.

Within Zones A1-30, AH, and AE on the County's FIRM, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one (1) foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Within Zone AO on the County's FIRM, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated above the highest adjacent grade and at least as high as the depth number on the FIRM, plus one (1) foot, or not less than three (3) feet if a depth number is not specified and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

b.

Within Zones V1-30, V, and VE on the County's FIRM, meet the requirements for coastal high hazard areas.

(7)

For manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AO, AE, V1-30, V, and VE on the County's FIRM that are not subject to the provisions of "(6)" above, shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that the lowest floor of the manufactured home is elevated to at least one (1) foot above the base flood elevation.

(8)

For manufactured homes, upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a California-registered civil engineer or California-licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

(b)

FP-3. All structures and uses permitted under subsection (a) above which meet the following additional standards and be certified by a California-registered professional engineer or architect.

(1)

Satisfy the design criteria of the Coastal Flood Plain Development Study.

(2)

All new residential and non-residential construction and substantial improvements to existing structures and buildings shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. Structures in FIRM Zone V shall have the bottom of the lowest horizontal structural member of the lowest floor be elevated to at least one (1) foot above the base flood elevation. (Informational Note: Flood insurance may still be required of the property owner by the lender if the building pad or foundation is at or below the base flood elevation.)

(3)

Located landward of the reach of the mean high tide.

(4)

All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such enclosed space shall not be used for human habitation and shall be usable solely for the parking of vehicles, building access, or storage.

(5)

Fill shall not be used for the structural support of buildings.

(6)

Man-made alteration of sand dunes that would increase potential flood damage is prohibited.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 25-011, § 4, 5-20-25)

The following uses are permitted in the FP-1, FP-2, and FP-3 subject to a Use Permit approved by the Zoning Administrator.

(a)

Commercial extraction related to flood control purposes.

(Ord. No. 20-006, § 1, 7-28-20)

The following structures and uses are specifically prohibited in the FP-1, FP-2, and FP-3.

(a)

Structures and uses that would increase flood elevations during the occurrence of a base flood discharge.

(b)

Landfills, excavations, and grading or the storage of materials and equipment that would result in any diversion or increase in erosion, flood elevations, or related hazards to people or property.

(c)

Storage or disposal of floatable substances and materials or of chemicals, explosives, and toxic materials.

(d)

FP-3 only.

(1)

The use of fill for structural support of buildings.

(2)

The placement of manufactured homes except in manufactured home parks and subdivisions.

(e)

Specifically prohibited in any area under the control of the Orange County Flood Control District are structures, other than public flood control facilities and devices and public utility facilities, that have not been reviewed and approved by the Floodplain Administrator for compliance with this section.

(f)

Any encroachments within an adopted regulatory floodway are prohibited, including but not limited to fill, new construction, substantial improvements, and other development, unless certification by a California-registered civil engineer is provided, with hydrologic and hydraulic analyses demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 25-011, § 5, 5-20-25)

In addition to the requirements of section 7-9-125, Site Development Permits shall be in compliance with the following procedures:

(a)

A California-registered professional civil engineer or architect shall certify in the application the following.

(1)

Any available base flood data has been reasonably utilized, including data from Federal, State, and County sources.

(2)

The standards in section 7-9-42 have been satisfied.

(3)

Applicable dry or wet floodproofing have been applied to the project.

(4)

The flood carrying capacity within any altered or relocated portion of a watercourse is maintained.

(5)

Electrical, heating, and plumbing equipment, including electrical panels, water heaters, and water filtration systems, is designed and located to prevent water from entering or accumulating within the components during conditions of flooding and elevated to at least one (1) foot above the base flood elevation.

(6)

Water supply systems are designated to minimize or eliminate infiltration of floodwaters into the systems.

(7)

Sanitary sewerage systems are designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the systems into floodwaters.

(8)

On-site waste disposal systems are located to avoid impairment or contamination during flooding.

(9)

Fully enclosed areas below the lowest floor are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters or, within the FP-3, are enclosed within breakaway walls.

(10)

On slopes and in FIRM Zones AO and AH, adequate drainage paths are provided to guide floodwaters around and away from proposed structures.

(11)

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(12)

All subdivision proposals and other proposed developments greater than fifty (50) lots or five (5) acres shall require base elevation data.

(b)

Applications shall include submittal of detailed drainage studies and plans indicating how site grading, in conjunction with any necessary drainage conveyance systems, shall provide structures that are safe from flood flows that may be expected from floods up to and including the base flood. The grading plan shall include on-site finished grade elevations and the base flood elevations, both related to the applicable reference vertical datum. Building plans shall show the elevation of the bottom of the lowest floor, including basements and cellars.

(c)

The applications shall include a County of Orange "Elevation Certificate" identifying the base flood elevation and certifying that the planned elevation of the lowest floor, including basements, is at least one (1) foot above the base flood elevation.

(d)

The application shall include evidence that all necessary permits as required by Federal and State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, have been received.

(e)

All Site Development Permits shall be conditioned as follows.

(1)

Prior to issuance of final certificates of use and occupancy for any building, the applicant shall submit to the Manager, Building Inspection the County of Orange "Elevation Certificate" identifying the base flood elevation and certifying that the constructed elevation of the lowest floor, including basements, is at least one (1) foot above the base flood elevation.

(2)

When base flood elevation changes occur due to physical alterations, the applicant shall submit technical or scientific data as part of their application to FEMA for a letter of map revision (LOMR). This data shall be submitted to FEMA within six months of information becoming available, or issuance of final certificate of use and occupancy for any building, whichever comes first.

(3)

Prior to issuance of any building permit for flood control projects, all LOMRs, if required for the project, shall be submitted to the satisfaction of the Floodplain Administrator. Building permits shall not be issued based on conditional letters of map revision (CLOMR's) from FEMA, only upon a final LOMR.

(4)

Prior to issuance of any grading or building permit, the applicant shall demonstrate to the satisfaction of the Floodplain Administrator that the proposed development would not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development shall not increase the water surface elevation of the base flood more than one (1) foot.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 25-011, § 6, 5-20-25)

Any use or structure lawfully existing on any property that is made nonconforming by the application of the FP District regulations, or by any amendment of the FP District regulations, shall be subject to the provisions of section 7-9-115, except as follows.

Repairs or improvements done in any period of twelve (12) months not exceeding fifty percent (50%) of the value of the building, as determined by the Floodplain Administrator, shall be exempt from the FP District regulations, provided that the square footage of the building, as it existed at the time this article or amendments thereto take effect, are not increased.

(Ord. No. 20-006, § 1, 7-28-20)

The Floodplain Administrator may determine that certain properties within an FP District are not required to comply with the provisions of the FP District regulations when any of the following circumstances or conditions are present.

(a)

The zoning map includes property within an FP District that does not meet the purpose and intent for that district. The Floodplain Administrator's determination shall be based upon a study of topographic and base flood elevation contours on the subject property and on such additional information as he/she finds necessary or appropriate. Additional information may include evidence of flood protection or floodproofing, if applicable, to protect against the base flood and improvements in compliance with the County's flood control and flood protection standards and policies for streams, channels, storm drains or landfills fully offsetting flood surface elevations established by appropriate maps and/or computations.

(b)

If the property is also included within a floodplain on a FIRM or a FBFM, the appropriate approvals from FEMA have been obtained.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

A variance from FP District site development standards may be requested and is processed pursuant to section 7-9-125. No such variance shall be approved without the following findings in addition to those specified in section 7-9-125.

(1)

That granting of this variance will shall not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, or cause fraud on or victimization of the public. In examining this requirement, the approving authority decision-making body has considered that every reconstructed or newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates;

(2)

That hardship circumstances (identified in the approval action) are exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional here. (Eligibility of a structure to be placed in the National Register of Historic Structures may be found to be such a circumstance); and

(3)

That the variance is the minimum necessary, considering the flood hazard, to afford relief. Minimum necessary means to afford relief with a minimum of deviation from the requirements of sections 7-9-42 through 7-9-42.12.

(b)

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined according to actuarial risk and are not modified by the granting of a variance.

(c)

The issuance of a variance must not cause fraud on or victimization of the public. Buildings that are permitted to be constructed below the base flood elevation are subject to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 25-011, § 7, 5-20-25)

All references to this section shall include sections 7-9-44.1 through 7-9-44.8.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of the H "Housing Opportunities" Overlay District (H) is to provide for the development of affordable rental housing within commercial and/or industrial districts, and on building sites zoned for high density residential uses in which all of the housing units are reserved for households which earn eighty (80) percent or less of the County median income as verified by the County of Orange, and seventy (70) percent of the units are reserved for low income households and thirty (30) percent of the units are reserved for very low income households. This section also provides regulations intended to facilitate the establishment of emergency shelters, multi-service centers and low-barrier navigation centers for persons experiencing homelessness pursuant to applicable State law. The intent is to facilitate the realization of affordable housing objectives presented in the Orange County Housing Element of the General Plan.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 5, 9-27-22)

(a)

These H overlay district regulations apply to residential rental projects and owner-occupied projects that are one hundred percent (100%) affordable and, emergency shelters, multi-service centers, and low-barrier navigation centers for persons experiencing homelessness that are located in one of the following base commercial or industrial zoning districts.

(1)

C1 "Local Business" District.

(2)

C2 "General Business" District.

(3)

CN "Commercial Neighborhood" District.

(4)

MX "Mixed-Use" District.

(5)

M1 "Light Industrial" District.

(b)

The H overlay district regulations apply to residential rental projects that are one hundred percent (100%) affordable that are located on building sites without an existing multifamily residential use in one of the following multifamily zoning districts.

(1)

R2 "Multifamily Dwellings" District.

(2)

R3 "Apartment" District.

(3)

R4 "Suburban Multifamily Residential" District.

(c)

Residential rental projects and emergency shelters, and low-barrier navigations centers to which this section applies include the following.

(1)

Projects located on building sites and/or within structures without existing residential, commercial and/or industrial uses.

(2)

Projects located on building sites and/or within structures that include residential, commercial and/or industrial uses.

(3)

Projects wherein residential uses replace residential, commercial and/or industrial uses in a pre-existing structure.

(d)

In all cases, residential projects, emergency shelters, multi-service centers, and low-barrier navigation centers shall conform to all of the regulations in this section, including the site development standards.

(e)

Any commercial, and/or industrial uses shall satisfy the base district regulations.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 5, 9-27-22; Ord. No. 24-004, § 16, 6-25-24)

The residential projects, emergency shelters, multi-service centers, and low-barrier navigation centers for persons experiencing homelessness allowed herein shall be subject to the approval of a Site Development Permit unless otherwise stated. Residential projects that are one hundred percent (100%) affordable shall be approved through an Affordable Housing Permit pursuant to 7-9-124.3.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 5, 9-27-22; Ord. No. 24-004, § 17, 6-25-24)

Certain temporary uses, permitted per section 7-9-117, are allowed.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 22-003, § 5, 9-27-22)

The following accessory uses and structures are permitted when associated with, and subordinate to, a permitted residential use on the same building site and when consistent with the approved Site Development Permit for the project and any other regulations in this Zoning Code that apply. Accessory uses ancillary to the primary permitted use shall not exceed twenty-five percent (25%) of total floor area of the permitted primary use.

(a)

Garages and carports.

(b)

Fences and walls.

(c)

Patio covers.

(d)

Swimming pools.

(e)

Signs per section 7-9-114 except no roof signs or projecting signs.

(f)

Noncommercial keeping of pets and animals.

(g)

Home occupations.

(h)

Manager's unit, which is exempt from affordability requirements.

(i)

Child day care center/early education facility per the Housing Opportunities Manual.

(j)

General administrative office permitted only if ancillary to the primary permitted use.

(k)

Accessory uses and structures that the Director finds are consistent with the design of the project and the purpose and intent of these overlay regulations.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 22-003, § 5, 9-27-22; Ord. No. 24-004, § 18, 6-25-24)

The Planning Commission shall adopt such guidelines, design criteria, and procedures as may be necessary or convenient to administer this section in compliance with the Housing Element. The Director shall revise these guidelines, design criteria, and procedures as necessary to administer this section. If the subject revisions are substantial or significant as determined by the Director, the proposed revisions may be referred to the Planning Commission for adoption. Such guidelines, design criteria, and procedures shall be referred to as the "Orange County Housing Opportunities Manual."

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 5, 9-27-22)

(a)

The site development standards for residential uses shall be as follows.

(1)

For sites located within a multifamily residential zoning district, the base district site development standards shall apply except that the base density shall be 70 dwelling units per acre (net development area).

(2)

For sites located within a commercial or industrial zoning district, the site development standards for the R3 "Apartment" District shall apply except that the base density shall be 70 dwelling units per acre (net development area) and maximum building height shall be sixty-five (65) feet.

(3)

The number of off-street parking spaces required shall be calculated using one of the following:

a.

The parking requirements set forth in State Density Bonus Law or other applicable State law.

b.

The County's residential off-street parking requirements for affordable housing pursuant to section 7-9-70.

(4)

Other standards as may be provided in the Orange County Housing Opportunities Manual.

(b)

Density bonuses, development incentives, and/or waivers of development standards may be granted pursuant to section 7-9-87.

(c)

A graduated density incentive shall be granted when parcels smaller than one-half (0.5) acre are consolidated as part of a project. The increased density shall be in addition to any other density bonus available under this Zoning Code, to a maximum of forty-five percent (45%) total, and shall be calculated as follows.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 5, 9-27-22)

(a)

One (1) County-sponsored multi-service center may be permitted in the unincorporated area with a maximum of two hundred (200) beds. The County-sponsored multi-service center may be granted a waiver from the standards and requirements of this section by the Director.

(b)

An emergency shelter or multi-service center shall not be allowed on parcels or building sites which share a side parcel line with a residential use.

(c)

An emergency shelter or multi-service center shall comply with the site development standards of the base district.

(d)

In addition to the base district site development standards, an emergency shelter or multi-service center shall comply with the following standards and requirements.

(1)

A management and operations plan shall be submitted for review and approval prior to operation of the emergency shelter and/or multi-service center. The management and operations plan shall comply with the Orange County Housing Opportunities Manual.

(2)

No facility shall be permitted less than three hundred (300) feet from another emergency shelter or multi-service center, measured from the nearest property lines.

(3)

Emergency shelters may have a maximum of fifty (50) beds. Larger emergency shelters, up to a maximum of one hundred fifty (150) beds, may be permitted subject to approval of a Use Permit per section 7-9-126.2.

(4)

Multi-service centers shall be associated with an emergency shelter and shall be subject to the same limitations as section 7-9-44.8 (d)(3) above unless co-sponsored by the County.

(5)

Off-street parking shall be provided at a rate of one (1) space per four (4) beds, plus one (1) space for each staff person (paid or volunteer) on duty.

(6)

An intake and waiting area shall be provided with a minimum floor area of ten (10) square feet per bed. Exterior waiting area shall be physically separated and visually screened from the public right-of-way and be of sufficient size to prevent queuing in public right-of-way.

(7)

One (1) toilet and shower shall be provided for each ten (10) beds. Separate facilities shall be provided for men and women.

(8)

Bike racks shall be provided on site for use by staff and clients.

(9)

The following may be provided inside the facility, kitchen, dining hall, laundry facilities and storage lockers.

(10)

On-site management shall be required at all times that the shelter is in operation and the number of staff on duty shall be addressed in the approved management plan.

(11)

An on-site covered trash enclosure shall be provided.

(12)

An emergency shelter or multi-service center shall be open twenty-four (24) hours a day unless an exemption is granted.

(13)

Maximum consecutive length of stay shall be one hundred eighty (180) days.

(14)

Facility operator shall remove any trash from the premises daily and ensure there is no loitering.

(e)

In the event of a conflict between the base district regulations and these standards, the provisions of this section shall control.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 5, 9-27-22)

A Low-Barrier Navigation Center is a housing-first, low-barrier, service-enriched shelter focused on moving people experiencing homelessness into permanent housing that provides temporary living facilities (i.e., emergency shelter) while case managers connect persons experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low-barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

(1)

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

(2)

Pets.

(3)

The storage of possessions.

(4)

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

(5)

Eligibility and intake requirements should be minimal and simple to promote access and should not exclude persons who are experiencing mental health and substance use concerns, and/or medical issues, or establish requirements that these areas be addressed prior to entry.

(a)

A County-sponsored Low-Barrier Navigation Center may be granted a waiver from the standards and requirements of this section by the Director.

(b)

A Low-Barrier Navigation Center shall be permitted in nonresidential zones permitting multifamily uses.

(c)

A Low-Barrier Navigation Center shall not be allowed on parcels or building sites which share a side parcel line with a residential use.

(d)

A Low-Barrier Navigation Center shall meet the following requirements.

(1)

It shall offer services to connect people experiencing homelessness to permanent housing.

(2)

It shall be linked to a coordinated entry system and the Homeless Management Information System.

(3)

It shall implement the use of "Housing First" pursuant to Welfare and Institutions Code Section 8255.

(e)

Within 30 days of receipt of an application for a Low-Barrier Navigation Center, the County shall notify a developer whether the developer's application is complete pursuant to Section 65943.

(f)

Within 60 days of receipt of a completed application for a Low-Barrier Navigation Center development, the County shall act upon its review of the application.

(g)

A Low-Barrier Navigation Center shall comply with the site development standards of the base district.

(h)

In addition to the base district site development standards, Low-Barrier Navigation Center shall comply with the following standards and requirements.

(1)

A management and operations plan shall be submitted for review and approval prior to operation of the Low-Barrier Navigation Center. The management and operations plan shall comply with the Orange County Housing Opportunities Manual and the County of Orange Standards of Care for Emergency Shelter Providers (Standards of Care).

(2)

No facility shall be permitted less than three hundred (300) feet from another Low Barrier Navigation Center, emergency shelter, or multi-service center, measured from the nearest property lines.

(3)

The emergency shelter portion of the Low Barrier Navigation Center shall have a maximum of two-hundred (200) beds.

(4)

Off-street parking shall be provided at a rate of one (1) space per four (4) beds, plus one (1) space for each staff person (paid or volunteer) on duty.

(5)

An intake and waiting area shall be provided with a minimum floor area of ten (10) square feet per bed. Exterior waiting area shall be physically separated and visually screened from the public right-of-way and be of sufficient size to prevent queuing in public right-of-way.

(6)

One (1) toilet and shower shall be provided for each ten (10) beds. Separate facilities shall be provided for men and women.

(7)

Bike racks shall be provided on site for use by staff and clients.

(8)

The following may be provided inside the facility, kitchen, dining hall, laundry facilities, and storage lockers.

(9)

On-site management shall be required at all times that the shelter is in operation and the number of staff on duty shall be addressed in the approved management plan.

(10)

An on-site covered trash enclosure shall be provided.

(11)

The Low-Barrier Navigation Center shall be open twenty-four (24) hours a day unless an exemption is granted.

(12)

Maximum consecutive length of stay in the Low-Barrier Navigation Center shall be one hundred eighty (180) days.

(13)

Facility operator shall remove any trash from the premises daily and ensure there is no loitering.

(i)

In the event of a conflict between the base district regulations and these standards, the provisions of this section shall control.

(Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 5, 9-27-22)

Editor's note— Ord. No. 24-004, § 19, adopted June 25, 2024, repealed § 7-9-45 and §§ 7-9-45.1—7-9-45.6, which pertained to the MX "Mixed-Use" Overlay District and derived from Ord. No. 20-006, § 1, adopted July 28, 2020.

In any district where the district symbol is followed by, as a part of such symbol, parenthetically enclosed letter "(O)," oil drilling and production of oil, gas and other hydrocarbon substances is permitted.

All drilling and production of oil, gas and other hydrocarbon substances, permitted pursuant to this section are subject to the regulations of the Orange County Oil Code (Sec. 7-8-1 through 7-8-53).

(Ord. No. 20-006, § 1, 7-28-20)

All references to this section shall include sections 7-9-47.1 through 7-9-47.10.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of PC "Planned Community" Combining District (PC) is to provide the authority, regulations and procedures whereby large land areas can be planned, zoned, developed, and administered as individual integrated communities. It is intended that each planned community shall be planned so as to take maximum advantage of its location, environment, and physical features. Each individual planned community is expected to establish its own character in conformance with its own unique set of land use regulations, consistent with the enabling regulations and procedures set forth for this district.

The enabling regulations of this district are intended to provide the minimum regulations necessary to allow each planned community to be developed as an individual community and to provide for convenient administration of land use regulations after the original development has taken place. These regulations are also intended to provide such directions and requirements as are necessary to provide assurance that planned community programs shall be arranged, and language shall be used, in such a manner that regulations and other information may be easily located and clearly understood, and shall require a minimum amount of time to administer.

The land use regulations of each planned community shall be known as the Planned Community (PC) Program and shall consist of the following.

(a)

A PC text, per section 7-9-47.5, specifying regulations such as uses permitted and site development standards applicable to all areas of the planned community.

(b)

A statistical summary, per section 7-9-47.6, regulating the maximum/minimum of certain aspects of development for the PC as a whole.

(c)

A PC zoning map, per section 7-9-47.7, showing the exterior boundaries of the planned community and any applicable overlay or combining districts.

(d)

A PC development map per section 7-9-47.8, showing certain general and certain detailed information such as the general location of infrastructure facilities and a detailed statistical table regulating land uses in each PC planning area.

(Ord. No. 20-006, § 1, 7-28-20)

This section includes those general provisions and regulations that are specifically applicable to all planned communities.

(a)

Standard Provisions. Each planned community is subject to the following standard general provisions in addition to other provisions of the Zoning Code. For convenient reference they may be included verbatim in any PC Program at the option of the preparer of the plan, but shall not be changed.

(1)

All construction and development within the "Planned Community" shall comply with applicable provisions of the Uniform Building Code and the various related mechanical, electrical, plumbing codes, the Grading and Excavation Code and the Subdivision Code and Sign Code, as currently adopted by the Board of Supervisors. In case of a conflict between the specific provisions of any such code and these regulations, the provisions of those codes shall prevail.

(2)

The setback and building height requirements shall be as specified by each land use district of the PC Program. The methods used for determining building setbacks and building heights shall be the same as those used in the Zoning Code.

(3)

All building sites shall comply with the provisions of section 7-9-61.1 "Building site requirements."

(4)

If an issue, condition or situation arises or occurs that is not sufficiently covered or provided for in the PC Program so as to be clearly understandable, the Director shall determine which regulations are applicable. Those regulations of the Zoning Code that are applicable for the most similar use, issue, condition or situation shall be used by the Director, as guidelines to resolve the unclear issue, condition, or situation.

(5)

All conditions, requirements and standards, indicated graphically or in writing as part of any approved discretionary permit or detail plan granted by authority of these regulations shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit or plan but not in compliance with all such conditions, requirements, or standards shall be in violation of this PC Program. The provisions of section 7-9-130, "Enforcement Procedures," are applicable to this PC Program.

(6)

If any portion of these regulations is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective, in whole or in part, such decision shall not affect the validity of the remaining portions thereof. The Board of Supervisors hereby declares that it would have enacted these regulations and each portion thereof irrespective of the fact that any one (1) or more portions be declared invalid or ineffective.

(7)

The meaning and construction of words, phrases, titles and terms used in this PC Program shall be the same as provided in section 7-9-134 and 7-9-135 of the Zoning Code except as otherwise provided herein.

(8)

When any section of the Zoning Code states that the regulations of that section, or that the uses permitted by that section, are applicable to all districts or all building sites, or language to that effect, those regulations are also applicable to each planned community. If any of the provisions in this planned community are in conflict with the provisions of any such Zoning Code section, the provisions of the Zoning Code section shall prevail.

(9)

The provisions of section 7-9-70, "Off-street parking and loading," are applicable to this planned community except where otherwise expressly listed as exceptions in the PC text.

(10)

All discretionary actions permitted or required in this planned community shall be consistent with the types of permits listed in section 7-9-125, and all such actions shall be processed in compliance with the procedures set forth in section 7-9-125.

(11)

An Annual Monitoring Report (AMR) shall be prepared and submitted in the fall of each year to the Director. The submittal of an AMR is required for conformance with the Growth Management Program of the Land Use Element of the Orange County General Plan and the County's Annual Development Monitoring Program. The Board of Supervisors, in the annual adoption of the Development Monitoring Program may identify a significant imbalance between development projections and planned infrastructure or in the proportionate development of residential, commercial and employment land uses. The Board of Supervisors may then defer subdivision approval within the "Planned Community" until approaches capable of resolving imbalances are proposed to and approved by the Board of Supervisors. The AMR will be the project proponent's opportunity to demonstrate mitigation measures and implementation strategies which will ensure adequate infrastructure for the community.

(b)

Non-standard Provisions. Additional provisions, designed and applied generally to an individual planned community may also be included.

(c)

General Regulation. The following uses and activities are permitted in all planned communities in compliance with the specified regulations.

(1)

Mobilehomes. In any district or area where single-family homes are a permitted use, the permitted use shall be deemed to be as follows.

a.

Single-family dwelling (one (1) per building site) or single-family mobilehome (one (1) per building site) in compliance with the provisions of section 7-9-92.2.

(2)

Mobilehome parks and mobilehome subdivisions. In any district or area planned and zoned to permit residential uses, mobilehome parks and mobilehome subdivisions are permitted subject to the regulations of section 7-9-92.

(3)

The conversion of existing duplex and multifamily rental developments to residential condominiums, stock cooperatives, and community apartments shall be subject to section 7-9-89 and subject to the issuance of a Use Permit per section 7-9-125.

(4)

Community care facilities in compliance with section 7-9-95.

(5)

Automobile service stations in compliance with section 7-9-50 and only on those sites designated in the PC Program.

(6)

Any other use in compliance with the PC Program and the Zoning Code, including any applicable overlay/combining district regulations.

(Ord. No. 20-006, § 1, 7-28-20)

Any application for a change of zone to place property in the PC "Planned Community" District shall be accompanied by a PC Program for the entire property. Said PC Program shall be subject to approval by the Orange County Planning Commission and adoption by the Orange County Board of Supervisors in accordance with the provisions of section 7-9-47.9 of this Code.

(Ord. No. 20-006, § 1, 7-28-20)

After a PC Program has been adopted or amended by the Board of Supervisors, it shall become effective thirty (30) days later. Then all development, redevelopment and uses within the boundaries of the planned community shall thereafter comply with the regulations of this district, the adopted or amended PC Program, and all other applicable zoning regulations. Upon adoption, each PC Program becomes a part of the Zoning Code and the PC zoning map is thereafter a zoning district map.

(Ord. No. 20-006, § 1, 7-28-20)

A text shall be adopted by ordinance which specifies the land use regulations and procedures applicable to all areas within the boundaries of the planned community. Each land use category shall correspond to one (1) or more identified planning areas on the PC development map.

When the text refers to any portion of the Zoning Code and provides for exceptions to the referenced portion, all such exceptions shall be clearly and specifically identified. Regulations for each land use category within the planned community shall include at least the following.

(a)

Purpose and Intent Statement. Each land use category shall have a general description and a brief summary explaining the purpose and intent of that land use category.

(b)

Principal Permitted Uses Section. Each such section shall include a list of uses per the following categories if applicable.

(1)

Principal permitted uses not subject to discretionary land Use Permits, plans or approvals.

(2)

Principal permitted uses subject to a Coastal Development Permit per section 7-9-40.

(3)

Principal use(s) per the Coastal Act.

(4)

Appealable uses per the Coastal Act.

(5)

Principal permitted uses subject to a Site Development Permit per section 7-9-125.

(6)

Principal permitted uses subject to a Use Permit per section 7-9-125.

(c)

Accessory Permitted Uses Section. This section shall be included in any land use category where uses, structures and activities other than main or principal uses are permitted. When a main or principal use is permitted subject to approval of a discretionary permit, ancillary and accessory uses, structures and activities are also permitted subject to approval of the same discretionary permit.

(d)

Prohibited Uses Section. Each land use category shall include a prohibited uses section for the purpose of clarifying which land uses and groups of uses, if any, are specifically not permitted.

(e)

Site Development Standards Section. All of the standards listed in the following items (1) and (2) shall be included in each such section even if the standards are not applicable to a certain land use category. In any land use category where a standard will not be applied, the section shall list the standard and state, as appropriate, "none," "no minimum," "no maximum," or "not applicable."

(1)

Each land use category shall include standards for the following.

a.

Minimum building site area.

b.

Maximum building height.

c.

Minimum building setback requirements.

d.

Signs (refer to section 7-9-51 or 7-9-114).

e.

Minimum net development area per unit (multifamily areas).

f.

Trash and refuse disposal (all areas except single-family).

g.

Off-street parking and loading (refer to section 7-9-70).

(2)

Standards for the following are also required for commercial, professional, industrial and mixed-use land use categories.

a.

Loading.

b.

Screening.

c.

Landscaping.

d.

Lighting.

e.

Floor area ratio.

(3)

Additional standards that may be necessary or appropriate may be included in any land use category.

(f)

Boundary Description. A precise description, either by record of survey or metes and bounds, of the external boundaries of all land located within the planned community shall also be included within the text. Such description shall be consistent with the PC zoning map.

(Ord. No. 20-006, § 1, 7-28-20)

A statistical summary shall be adopted by ordinance and shall include the following information.

(a)

The types of uses proposed, consistent with the land use categories included in the text.

(b)

The maximum number of dwelling units proposed.

(c)

The minimum number of acres of open space.

(d)

The maximum number of acres of each nonresidential land use category.

(e)

Any additional statistical information that may be appropriate.

All such information shown in the statistical summary shall be consistent with the information shown on the PC Development map and with the regulations in the PC text. The statistical summary shall be separately labeled but bound/located with the PC text. Any proposed change in the planned community that would result in a change to the statistical summary shall require an amendment to the PC Program.

(Ord. No. 20-006, § 1, 7-28-20)

The PC zoning map shall be adopted by ordinance. It shall be drawn in sufficient detail to enable a reader to determine approximately where proposed uses and projects will be located in relation to overlay districts and arterial highways. All existing and proposed arterial highways within the planned community shall be shown consistent with the Master Plan of Arterial Highways in effect at the time of adoption of the map. The exterior boundaries of the map shall be precise and consistent with the boundary description included in the PC text.

Additionally, the boundaries of applicable overlay/combining districts that have been adopted by separate ordinance shall be shown on the map. Such overlay/combining districts may include the following.

(a)

Section 7-9-40 - CD "Coastal Development" District.

(b)

Section 7-9-42 - FP "Floodplain" District.

(c)

Section 7-9-46 - O "Oil Production" District.

(d)

Section 7-9-49 - SH "Scenic Highway" District.

(e)

Section 7-9-50 - SS "Service Station" District.

(f)

Section 7-9-51 - SR "Sign Restrictions" District.

(Ord. No. 20-006, § 1, 7-28-20)

A PC development map shall initially be adopted by resolution by the Board of Supervisors. Thereafter, it may be amended by the Planning Commission per section 7-9-47.

(a)

Planning Areas. The PC development map shall cover all the territory included within the boundaries of the PC zoning map. When a PC development map shows a planned community divided into two (2) or more planning areas, those planning areas shall be accurately depicted so that the boundary lines can be easily determined. Each planning area shall be identified by letter, number or symbol. Each planning area shall correspond to one (1) and only one (1) land use category with the possible exception of Zoning Code overlay districts and PC overlay land use categories.

The depiction of each planning area may be by dimensions, by topographical points or lines, by physical features or by other identifiable objects or points either on the ground or shown on the map. When a boundary is an arterial highway and the arterial highway is realigned, the boundary shall automatically move to coincide with the realigned highway and an amendment to the PC development map shall not be required. Modifications to the boundaries not to exceed ten percent (10%) of the acreage of any planning area may occur with an approved subdivision map, Site Development Permit, Use Permit, or Area Plan. Modification of ten percent (10%) or more shall require an amendment to the development map by the planning commission.

(b)

Contents. The PC development map shall be drawn to scale and include the following information (the Director may require other information).

(1)

Title block (planned community name and date drawn); graphic scale and north arrow, and vicinity drawings.

(2)

Detailed statistical table regarding proposed land use categories, densities or intensities, and gross acreage for each planning area. Terminology shall be consistent with the PC text and statistics shall be consistent with the statistical summary.

(3)

Proposed topography, indicating in a general manner areas to be graded and areas to remain in a natural state.

(4)

Existing and proposed freeways, arterial highways, and commuter collector streets as shown on the MPAH.

(5)

Adopted regional riding, hiking and bicycle trails, regional parks, and other regional open space areas and uses consistent with the General Plan.

(6)

Areas of development subject to exterior noise levels in excess of 65 CNEL resulting from aircraft.

(7)

Earthquake faults and geologically unstable areas which preclude any development.

(8)

Existing major flood control, sewerage, water, and other utility facilities and easements which restrict surface uses/development.

(9)

Existing physical or cultural features and resources which are intended to be preserved or salvaged, including archeological, paleontological, and historical sites and structures, and vegetative communities, including rare or endangered species which preclude development.

(10)

General location of proposed local parks and community facilities such as schools, libraries, fire stations, and sheriff stations.

(Ord. No. 20-006, § 1, 7-28-20)

A PC Program is initially processed and adopted per section 7-9-132 except that the PC development map is adopted by resolution, while the PC text, zoning map, and statistical summary are adopted by ordinance.

After the PC development map has been adopted by the Board of Supervisors, it may be amended by the Planning Commission after a duly noticed public hearing. However, if an amendment would change a policy approved by the Board of Supervisors, the Planning Commission shall make a recommendation and forward the proposed amendment to the Board for final action. Amendments to the PC development map shall be recorded with the County Recorder by the Director.

(Ord. No. 20-006, § 1, 7-28-20)

Any "development plan and supplementary text" that was adopted and effective prior to the effective date of this ordinance may remain in effect. Any such "development plan and supplementary text" may be amended in a manner consistent with the format of the previously adopted "development plan and supplementary text" or may be amended so as to be consistent with the regulations of section 7-9-47, as amended.

If a "development plan and supplementary text" makes reference to site development standards in the Zoning Code that no longer exist, the site development standards for new development shall be determined via an approved Use Permit per section 7-9-125.

(Ord. No. 20-006, § 1, 7-28-20)

All references to this section shall include sections 7-9-48.1 through 7-9-48.6.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of the PD "Planned Development" Combining District is to provide flexibility whereby land may be developed utilizing innovative site planning techniques (e.g., clustering of units and shared parking) to produce a development project that will preserve the community health, safety and general welfare and maintain the character of the surrounding neighborhood.

The regulations of this district are intended to produce planned development projects that assure adequate levels of open space, light, and air, and density of land uses, which provide for better use of common areas, open space, and off-street parking facilities. They also provide for safe and efficient vehicular and pedestrian circulation. These regulations are intended to be utilized only for planned development projects and shall not be utilized for the establishment of individual land uses or structures unless they would become an integral part of an existing planned development.

(Ord. No. 20-006, § 1, 7-28-20)

In any district where the district symbol is followed by, as a part of such symbol, the letters "(PD)," planned development projects shall be permitted subject to the use regulations, development standards, and other provisions set forth in this section. The district symbol shall constitute the base district, and the PD suffix shall constitute the combining district. Projects located within this district that are not a planned development, or not part of a planned development, shall comply with the regulations of the base district and are not subject to the provisions of this section.

(Ord. No. 20-006, § 1, 7-28-20)

In the PD District the following principal uses are permitted, subject to the approval of a Use Permit by the Planning Commission per section 7-9-125.

(a)

Planned (unit) developments not otherwise permitted through base district regulations.

(b)

Any other use which the Planning Commission finds consistent with the purpose and intent of this district.

(Ord. No. 20-006, § 1, 7-28-20)

In the PD District accessory uses and structures that are customarily associated with and subordinate to a permitted principal use within the same project net development area, that are consistent with the design of the planned development project, and that are consistent with the purpose and intent of this district are permitted subject to a Use Permit, or a changed plan per section 7-9-125, or as stated below.

For residential planned developments, the following accessory structures and uses are permitted subject to an approved Site Development Permit or changed plan per section 7-9-125.

(a)

Patio covers.

(b)

Sunscreens.

(c)

Spas, jacuzzies, and swimming pools.

(d)

Accessory uses and structures that the Director finds to be consistent with the design of the planned development project and consistent with the purpose and intent of this district.

(Ord. No. 20-006, § 1, 7-28-20)

Uses not permitted by section 7-9-48.3 or 7-9-48.4 are specifically prohibited.

(Ord. No. 20-006, § 1, 7-28-20)

The following site development standards are in addition to the site development standards of the base district, unless otherwise stated below.

(a)

Building site area. For planned developments, the project's net development area shall be used. The size, location, and configuration of individual lots shall be determined by the required Use Permit and the tract map for the project.

(b)

Building site coverage. For planned developments, there shall be no maximum building coverage for any individual site. However, the project's net development area shall not exceed the following building coverage.

(1)

Forty percent (40%) for residential projects.

(2)

Twenty-five percent (25%) for office and commercial projects.

(3)

Thirty-five percent (35%) for industrial projects.

(c)

Area per unit. For residential planned developments, there shall be no minimum land area per unit for any individual site. However, the project's net development area shall have an average land area per unit no less than the minimum area per unit required by the base district or per section 7-9-61.2, unless otherwise stated. (Note. This is normally designated by a number following the district symbol "PD" and enclosed in parenthesis on the zoning district map.)

(d)

Number of dwelling units. The project net development area divided by the minimum land area per dwelling unit shall determine the maximum number of permitted dwelling units for the project.

(e)

Building setbacks. For planned developments, building locations need not satisfy the base district setback regulations but shall be determined by the approved Use Permit. Building locations shall be dimensioned on the Use Permit plans including distances between buildings and distances from streets and common driveways.

(f)

Planned development projects shall provide the following unless a waiver is granted as part of the Use Permit process.

(1)

Open space. Planned developments shall maximize common open space and provide an adequate level of private open space for each unit. The intent of this district is to provide the opportunity to maximize common open space areas and minimize overall impacts to the site.

(2)

Sidewalks. Planned developments shall provide accessible sidewalks adjacent to each private road to ensure safety of pedestrians within the planned development.

(3)

Walls. Planned developments shall construct a wall or privacy fence around the entire development.

(Ord. No. 20-006, § 1, 7-28-20)

All references to this section shall include sections 7-9-49.1 through 7-9-49.5.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of the SH "Scenic Highway" Combining District is to preserve and enhance the natural or man-made scenic beauty and resources along a highway designated as a "scenic corridor" in the Master Plan of Scenic Highways of the Orange County General Plan.

(Ord. No. 20-006, § 1, 7-28-20)

This district may be combined with any other district. In any district where the district symbol is followed by, as a part of such symbol, parenthetically enclosed letters "(SH)," the additional requirements and procedures contained in this section shall apply. The district symbol shall constitute the base district and the (SH) suffix shall constitute the combining district.

(Ord. No. 20-006, § 1, 7-28-20)

All principal and accessory uses that are permitted by the base district regulations and that are visible from a point five (5) feet high at the center line of the scenic highway are permitted subject to the approval of a Site Development Permit per section 7-9-49.5 and 7-9-125. The applicant shall be responsible for providing the necessary information to determine that a project is not visible as described above and thus not subject to these district regulations.

(Ord. No. 20-006, § 1, 7-28-20)

The following uses are specifically prohibited.

(a)

Uses that cannot meet the aesthetic purpose and intent of the district.

(b)

Uses not permitted by the base district regulations.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

Signs. All signs shall conform to the regulations of the SR "Sign Restrictions" District, section 7-9-51.

(b)

Utilities. Where practical all utilities, including the linkage between main line and structures, shall be underground.

(Ord. No. 20-006, § 1, 7-28-20)

All references to this section shall include sections 7-9-50.1 through 7-9-50.6.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of SS "Service Station" Combining District is to establish uniform standards in order to control the location, design and maintenance of automobile service stations. This district is intended to be applied to limited locations in order to minimize an excess of service station sites and only to permit such sites upon presentation of sufficient evidence that the need for such a facility is convincingly demonstrated.

(Ord. No. 20-006, § 1, 7-28-20)

This district may be combined with any commercial or industrial district and with any commercial or industrial area designated within any PC "Planned Community" District for the optional establishment of an automobile service station use. In any district where this symbol is followed by, as part of such symbol, parenthetically enclosed letters "(SS)", the additional requirements and standards contained within this district shall apply for establishment, maintenance and operation of a service station use. The district symbol shall constitute the base district, and the (SS) suffix shall constitute the combining district. Uses not part of or related to a service station are not subject to these regulations.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

In the SS district, the following principal uses are permitted, subject to the approval of a Use Permit by the Zoning Administrator per section 7-9-125.

(1)

Uses permitted by the base district regulations.

(2)

Automobile service stations not otherwise permitted through base district regulations.

(b)

Any other use is permitted that the Planning Commission finds consistent with the purpose and intent of this district per section 7-9-125.

(Ord. No. 20-006, § 1, 7-28-20)

In the SS district, the following accessory uses and structures are permitted when customarily associated and subordinate to a permitted principal use on the same building site.

(a)

Sale of petroleum products, tires, batteries and related automotive accessories.

(b)

Minor automobile maintenance repair, washing and lubricating services.

(c)

Utility trailer rentals per section 7-9-50.6(b).

(d)

Signs per section 7-9-114. Signs are permitted in conformance with the regulations of the Orange County Sign Code subject to the following limitations.

(1)

The total area for all signs on the premises shall not exceed three hundred (300) square feet.

a.

One (1) monument/ground identification sign not exceeding a total area of one hundred (100) square feet or four (4) feet in height may be located anywhere on the premises.

b.

For each service station site, one (1) monument/ground gasoline price sign not exceeding thirty (30) square feet is required, and shall indicate.

1.

The actual price per gallon or liter, including taxes, of each grade of gasoline being sold from the premises.

2.

Whether any grade of gasoline normally offered for sale from the premises is currently not being offered for sale.

(2)

The maximum height of any sign or sign structure shall not exceed twenty-four (24) feet unless said sign is located within five hundred (500) feet from a freeway in which case the maximum height shall not exceed thirty (30) feet.

(3)

The maximum sign area of any sign shall not exceed one hundred (100) square feet in area.

(4)

Banner signs and advertising devices/advertising displays are prohibited on any service station building site.

(e)

Accessory uses and structures that the Director finds to be consistent with the purpose and intent of this district.

(Ord. No. 20-006, § 1, 7-28-20)

Uses not permitted by section 7-9-50.3 or 7-9-50.4 are specifically prohibited.

(Ord. No. 20-006, § 1, 7-28-20)

The following site development standards are in addition to the site development standards of the base district unless otherwise stated below.

(a)

Building setbacks. Seventeen (17) feet from the ultimate street right-of-way line, or as otherwise provided in subsection (b) of this section, except canopy roofs over pump islands may be cantilevered to within five (5) feet of the ultimate right-of-way line. Setbacks from other than right-of-way lines shall be as required by the applicable base district or building line designations established in sections 7-9-61.8, 7-9-61.10, and 7-9-116.

(b)

Utility Rental trailers.

(1)

A maximum of ten (10) rental trailers shall be permitted on any service station site except where such site is contiguous to land zoned for residential or agricultural uses, where the maximum shall be five (5) trailers.

(2)

Such trailers shall be screened or stored in an enclosure.

(Ord. No. 20-006, § 1, 7-28-20)

All references to this section shall include sections 7-9-51.1 through 7-9-51.8.

(Ord. No. 20-006, § 1, 7-28-20)

The purpose of the "SR Sign Restriction" Combining District is to establish standards for the control of signs in areas of the County that require protection of vistas of the natural landscape, scenic corridors and highways, recreational facilities and routes used for access to recreational areas and facilities. The intent of these regulations is to minimize the number of signs and to encourage the use of sound planning and design principles in the use of signs to complement the main use of the property and not disrupt nearby visual amenities and vistas within the scenic corridors.

(Ord. No. 20-006, § 1, 7-28-20)

This district may be combined with any other district. In any district where the district symbol is followed by, as a part of such symbol, parenthetically enclosed letters, "(SR)," the additional limitations on signs, specified by this section shall apply. The district symbol shall constitute the base district, and the (SR) suffix shall constitute the combining district. The restrictions herein are in addition to the provisions of section 7-9-114 "Signs."

(Ord. No. 20-006, § 1, 7-28-20)

Business or identification wall signs shall not exceed one (1) square foot of sign area for each linear foot of frontage of the building, or portion thereof, involved. The total aggregate sign area for such signs shall not exceed one hundred fifty (150) square feet for each business. If the building frontage of any business is less than twenty-five (25) feet, only one (1) sign, having a maximum area of twenty-five (25) square feet, shall be permitted for each such business.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

One (1) business or identification sign, including the foundation, not exceeding fifty (50) square feet in area or four (4) feet in height is permitted. One (1) additional business or identification sign is permitted on each additional street frontage that is in excess of ninety-nine (99) feet in length.

(b)

A business or identification sign, including the foundation, measuring more than fifty (50) square feet in area and/or exceeding four (4) feet in height may be permitted subject to a Site Development Permit per section 7-9-125. In addition to the requirements of section 7-9-125, applications for signs shall be accompanied by drawings, drawn to scale, indicating the size, color, method and intensity of illumination, height, sign area, and general location of all signs on the building site.

(Ord. No. 20-006, § 1, 7-28-20)

Temporary construction signs, real estate signs and travel direction signs are permitted in compliance with the requirements of this section and section 7-9-51.8. However, no such sign shall be more than sixteen (16) feet in height or the following square feet in area.

(a)

Construction signs. Thirty-two (32) square feet.

(b)

Real estate signs.

(1)

Residential.

a.

Four (4) or less units per building site. Six (6) square feet.

b.

Five (5) or more units per building site. Thirty-two (32) square feet.

(2)

Nonresidential. Thirty-two (32) square feet.

(c)

Travel direction signs. Per section 7-9-114.

(d)

Residential tract signs. Per section 7-9-117.7.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

A sign program is intended to provide incentive and latitude in order to achieve variety and appealing design for shopping/office centers, and industrial parks. With a Site Development Permit approved per section 7-9-125, the requirements of sections 7-9-51.3 and 7-9-51.4 may be modified for such centers and parks. Multiple building sites that share a common access may develop a sign program provided that, shopping/office centers, and industrial parks shall contain the following minimum net acreage.

(1)

Shopping/office centers. Three (3) acres.

(2)

Industrial parks. Twenty (20) acres.

(b)

In addition to the requirements of section 7-9-125, the application for a sign program shall be accompanied by the following documents.

(1)

Coverage area. A map, drawn to scale, delineating the site proposed to be included with the sign program.

(2)

Building elevations. Drawings and/or sketches indicating the exterior surface details of all structures on the site.

(3)

Signing. Drawings, drawn to scale, indicating the sign copy size, method and intensity of illumination, height, sign area and general location of all signs.

(Ord. No. 20-006, § 1, 7-28-20)

Except for signs specifically prohibited in section 7-9-51.8, any sign may be permitted subject to a Use Permit approved by the Zoning Administrator per section 7-9-125.

(Ord. No. 20-006, § 1, 7-28-20)

The following signs are prohibited.

(a)

Off-site signs.

(b)

Roof and projecting signs.

(c)

Banner signs.

(d)

Electronic message center signs.

(e)

Portable signs.

(f)

Signs specifically prohibited by the base district.

(g)

Pole signs.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 20, 6-25-24)

Specific plans are regulatory documents established by the County to carry out specific purposes, as authorized by the Government Code, for specific geographic areas shown on the Zoning Map. They are governed by a set of policies, diagrams, maps, and development standards that address specific subjects, such as land use, physical development, community design, transportation and public improvements, or impose requirements for detailed master plans that may be applicable in sub-areas within the specific plan area.

Specific plans shall be prepared, reviewed, adopted, and amended pursuant to section 7-9-133 "Specific plans."

(Ord. No. 20-006, § 1, 7-28-20)

All references to this section shall include sections 7-9-61 through 7-9-61.19. These regulations apply to all districts, planned communities and specific plan areas, unless otherwise specified.

(Ord. No. 20-006, § 1, 7-28-20)

No building permit and no certificate of use and occupancy shall be issued for a building or use of land until the Director 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.

(Ord. No. 20-006, § 1, 7-28-20)

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 one hundred (100), it shall indicate the area in square feet; where the number is less than one hundred (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. No. 20-006, § 1, 7-28-20)

(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 eighty percent (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 eighty percent (80%) but not less than fifty percent (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 eighty percent (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 eighty percent (80%) but not less than fifty percent (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 eighty percent (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 eighty percent (80%) but not less than sixty percent (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 eighty percent (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 7-9-125. 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. No. 20-006, § 1, 7-28-20)

(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 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) may be used as a building site even when the lot area, width, or depth is less than required by the regulations for the zoning district in which the site is located.

(b)

Substandard building sites that were legally established pursuant to sub-section (a) and 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 determines that the site will be able to provide a building envelope comparable to similar building sites in the area.

(Ord. No. 20-006, § 1, 7-28-20)

A new building site may be created by the recordation of a final tract map or a final parcel map. A building site cannot be created with a finance and conveyance map. The creation of any building site shall conform to the following requirements:

(a)

Each building site shall be shown on the recorded document as a numbered lot or parcel.

(b)

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 twenty (20) continuous feet; or

(2)

Have a recorded right of access for vehicles and pedestrians for a minimum continuous width of twenty (20) feet (sixteen (16) feet paved) via street or other vehicular accessway, and enjoy practical and physical access, from the building site to a public street.

(Ord. No. 20-006, § 1, 7-28-20)

A lot line adjustment shall be processed pursuant to the Subdivision Code and shall not require the approval of an area Variance Permit if the following finding is made:

(a)

Each building site is of sufficient area and width to comply with the area and width requirements for the zoning district in which it is located.

(b)

Any substandard lot that is part of a lot line adjustment may not decrease in area as a result of the lot line adjustment.

(Ord. No. 20-006, § 1, 7-28-20)

(a)

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 site, except easements for open space purposes on single-family lots, shall be excluded from the calculation. (Examples of open space easements include, but are not limited to, resource preservation and scenic easements.) The minimum building site area required by the applicable district or planning area regulations shall be undivided and relatively compact although the entire building site may be larger with diffuse parts.

(b)

That portion of a panhandle or flag building site that is used for access purposes and is under forty (40) feet in width shall not be used in calculating the area of the building site.

(Ord. No. 20-006, § 1, 7-28-20)

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 by the designation of a building line 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 7-9-61.10(a).

(d)

Within the setback area designated by the applicable district regulations, unless otherwise specified.

(e)

Within the setback area designated by the Building Lines Chart, section 7-9-61.9, unless otherwise specified by the provisions of section 7-9-61.10. 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. No. 20-006, § 1, 7-28-20)

Where there is no building line or setback area designated on a precise plan of highway alignment or official zoning district map, where there is no applicable adopted building line plan and when the zoning district regulations and the zoning ordinance applicable to a building site do not specify a building line or a minimum setback distance, the building line for each building site shall be as specified by Table 7-9-61.9: Building Lines Chart and setback illustrations A, B, C, and D as follows:

*Required for one (1) side of building site only.

A.

Ten percent (10%) of average ultimate net width of building site—Maximum twenty (20) feet.

B.

Five (5) feet; add one (1) foot for each additional story over two (2).

C.

Ten (10) feet one (1) side only or ten (10) feet total of two (2) sides combined.

D.

In computing the depth or a rear setback from any building where such setback opens on alley, private street, public park, or public beach, one-half (0.5) of the width of such alley, street, park, or beach may be deemed to be a portion of the rear setback, except that under this provision, no rear setback shall be less than fifteen (15) feet.

E.

If no openings, such as windows, doors, and circulation vents, exist on the side of the building facing the property line, this setback may be reduced to fifteen (15) feet.

F.

Zoning Districts R2, R3, R4 subject to section 7-9-124.3.

ILLUSTRATION A
Setbacks for Main Building AR, A1, R1, R2, R3, R4

ILLUSTRATION B
E-4 Setbacks for Main Building

ILLUSTRATION C
RS Main Building Setbacks (35% coverage)

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. 24-004, § 21, 6-25-24)

The building line for a main building or structure, or attached accessory building may be different than the building line specified by Table 7-9-61.9: Building Lines Chart when otherwise permitted by the provisions of subsection (a), "Building Line Plan," or by the provisions of this section.

(a)

Building Line Plan. A building line plan is a development plan designating the required setbacks for main buildings and structures, accessory buildings and structures or both, for a designated area, designated area such as that of an entire Tract Map. Unless otherwise required by the provisions of section 7-9-61.8 (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 Use Permit after required public hearings before the Planning Commission per section 7-9-125.

(2)

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.

Whenever a building line plan has been adopted it shall supersede the provisions of the Building Lines Chart in this section and the exceptions to the Building Lines Chart listed in this section.

(Ord. No. 20-006, § 1, 7-28-20)

In the case of a panhandle building site, the building lines shall be set back a minimum of ten (10) feet from any property line, except as otherwise specified in this Zoning Code.

(Ord. No. 20-006, § 1, 7-28-20)

When a building site has an average depth of less than one hundred (100) feet but more than seventy-five (75) feet, any required front and rear building line setbacks need not be more than twenty percent (20%) of such average depth; and when a building site has an average depth of seventy-five (75) feet or less, any required front and rear building line setbacks need not be more than fifteen percent (15%) of such average depth, but in no event shall any required front or rear building line setback be less than five (5) feet.

(Ord. No. 20-006, § 1, 7-28-20; Ord. No. CA 22-01, 9-27-22; Ord. No. 22-003, § 6, 9-27-22)

When a building site has an average width of less than fifty (50) feet, any required building line setback from the interior side property lines need not be more than ten percent (10%) of such average width but in no event less than three (3) feet.

ILLUSTRATION D
Panhandle Lot Setbacks

(Ord. No. 20-006, § 1, 7-28-20)

Where a building site is situated between two (2) building sites, each of which has a main building within forty (40) feet of said building site which projects into the required front setback area, the front building line for said building site need not be set back farther than the average of the setbacks of the two (2) adjoining buildings.

(Ord. No. 20-006, § 1, 7-28-20)

Where a building site abuts and has a sideline common to a site which has a main building within forty (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 line 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 Building Lines Chart for said building site.

(Ord. No. 20-006, § 1, 7-28-20)

Balconies, decks, porches, terraces, exterior steps in excess of thirty (30) inches in height and exterior stairways, unroofed and unenclosed, may project not more than three (3) feet into any required side setback area or the distance required between buildings on the same building site and not more than five (5) 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 (2) feet to any side property line or three (3) feet to any front or rear property line of a building site, when projecting into any required setback area.

Eaves, cornices, canopies, or cantilevered roofs as part of the main structure may project a maximum of forty percent (40%) into any required side setback and twenty-five percent (25%) into any required front or rear setback and forty percent (40%) into the space required between buildings on the same building site, but in no event shall such eaves, cornices, canopies or cantilevered roofs be closer than two (2) feet to any front, side or rear line of the building site when projecting into a required setback area.

(Ord. No. 20-006, § 1, 7-28-20)

Masonry chimneys, fireplaces, wing walls, bay windows, and other minor architectural features that do not add floor space, may project into any required front, side or rear setback area a maximum of twenty-four (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 (3) feet to any property line of the building site.

(Ord. No. 20-006, § 1, 7-28-20)

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 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. No. 20-006, § 1, 7-28-20)

The height of any structure shall not exceed the building height limits specified in the district regulations as measured pursuant to section 7-9-24, Rules for Measurement, except as-specified-in this section. None of the following vertical projections shall permit habitable space above the height limit. The total aggregate coverage of projections shall not exceed thirty percent (30%) of a roof's area. This limitation shall not apply to solar energy systems (see section 7-9-72). This section shall also apply to planned communities and specific plan areas unless otherwise stated.

(a)

Radio and television antennas. Radio and television antennas, not including dish antennas, may exceed the district building height limit by ten (10) feet. However, FCC licensed amateur ham radio operators may have radio towers seventy (70) feet in height measured from ground level. A higher height limit for all radio and television antennas may be provided by a Use Permit approved by the Zoning Administrator per section 7-9-125.

(b)

Architectural features.

(1)

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 ten (10) feet subject to a Use Permit approved by the Zoning Administrator per section 7-9-125.

(2)

Elevators, appropriately screened mechanical units, and chimneys which do not exceed ten percent (10%) of the roof area, nor exceed the district height limitation by more than eight (8) feet shall be permitted.

(c)

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, as may be amended, 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, as may be amended, and receiving, and presenting to the Director a determination from the FAA that such construction does not constitute a hazard to air navigation.

(d)

Oil derricks. Permitted derricks for drilling oil may be one hundred thirty-six (136) feet in height.

(e)

Signs. In no case shall the height of any sign exceed the building height limit specified in the district regulations. See section 7-9-114 of this Zoning Code for additional height requirements for signs.

(Ord. No. 20-006, § 1, 7-28-20)