A G E N D A - City of Aliso Viejo

Transcription

A G E N D A
ALISO VIEJO CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 3, 2012
7:00 P.M. PUBLIC MEETING/PUBLIC HEARINGS
City Hall
12 Journey
Council Chambers
Aliso Viejo, CA
Mayor Donald A. Garcia
Mayor Pro Tem William A. Phillips
Councilmember Carmen L. Cave, Councilmember Greg A. Ficke,
Councilmember Phillip B. Tsunoda
WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council
are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at
the entrance to the City Council Chambers. Speakers will be called at the appropriate time as their interested
matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER.
It is the intention of the City to comply with the Americans with Disabilities Act (ADA). If you need special
assistance to participate in this meeting, please contact the City Clerk’s Office at 949.425.2506.
Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall
Council Chambers. For more information, please contact City Hall at (949) 425-2506.
MARK A. PULONE
CITY MANAGER
SCOTT C. SMITH
CITY ATTORNEY
0001
SUSAN A. RAMOS
CITY CLERK
PLEASE SILENCE ALL PAGERS, CELL PHONES AND OTHER
ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION
CONVENE MEETING TO OPEN SESSION AND ROLL CALL - 7:00 P.M.
PRESENT:
ABSENT:
PLEDGE OF ALLEGIANCE TO THE FLAG
SPECIAL PRESENTATION
A. COUNCIL RECOGNITION AND PRESENTATION TO ALISO VIEJO LITTLE LEAGUE
MAJORS DIAMONDBACKS FOR WINNING THE 2012 MAJORS CHAMPIONSHIP –
Present Certificates of Recognition.
B. COUNCIL RECOGNITION AND PRESENTATION TO ALISO VIEJO LITTLE LEAGUE
AA DODGERS - Present Certificates of Recognition.
C. COUNCIL RECOGNITION AND PRESENTATION TO ALISO VIEJO LITTLE LEAGUE
12-YEAR OLD MAJORS ALL-STAR TEAM – Present Certificates of Recognition.
ADDITIONS, DELETIONS, REORDERING TO THE AGENDA
CONSENT CALENDAR NOTICE: Any member of the public who wishes to discuss a Consent
Calendar item should complete and submit to the City Clerk a “Request to Address City Council” form
available at the entrance to the City Council Chambers. Speakers will be called at the appropriate time as
their interested matter is heard. COMMENTS ARE LIMITED TO THREE MINUTES PER SPEAKER.
CONSENT CALENDAR ITEMS NOS. 1 THROUGH 4
MOTION _____________
All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council,
staff, or the public request a matter to be discussed and/or removed from the Consent Calendar for separate
action. Items removed from the Consent Calendar will be discussed and voted upon immediately following
City Council action on the remainder of the Consent Calendar.
1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS
RECOMMENDED ACTION: Approve the reading by title only of all ordinances and
resolutions wherein the titles appear on the public agenda; said titles shall be
determined to have been read by title, and further reading is waived.
Page 2 of 4
0002
October 3, 2012
Regular Meeting
2. MINUTES - REGULAR MEETING OF SEPTEMBER 19, 2012
RECOMMENDED ACTION: Approve the subject Minutes as submitted.
3. ACCOUNTS PAYABLE
RECOMMENDED ACTION:
A. Ratify Accounts Payable checks issued September 13, 2012 in the amount
of $166,866.55; and
B. Ratify Accounts Payable checks issued September 20, 2012 in the amount
of $616,550.65.
4. TREASURER’S STATEMENT – AUGUST 2012
RECOMMENDED ACTION: Approve the August 2012 Treasurer’s Statement.
END OF CONSENT CALENDAR
PUBLIC HEARING ITEM NO. 5
5. PA 12-027: ZONING CODE AMENDMENT WITH VARIOUS CLEAN-UP
REVISIONS TO THE CODE
RECOMMENDED ACTION: Read by title only and introduce for first reading an
Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, ADOPTING ZONING CODE TEXT
AMENDMENT PA 12-027 TO AMEND TITLES 11 AND 15 OF THE
ALISO VIEJO MUNICIPAL CODE TO MAKE VARIOUS CLEAN UP
REVISIONS
DISCUSSION ITEM NO. 6
6. AFFORDABLE HOUSING STATUS UPDATE
RECOMMENDED ACTION: Receive and file report regarding status of affordable units
and in-lieu fees collected within the Glenwood at Aliso Viejo, Vantis, and Ventana Ridge
developments.
Page 3 of 4
0003
October 3, 2012
Regular Meeting
COMMUNITY INPUT
Members of the public wishing to address the City Council are requested to complete and submit to
the City Clerk a “Request to Address City Council” form available at the entrance to the City Council
Chambers. IN COMPLIANCE WITH THE BROWN ACT, NO DISCUSSION OR ACTION MAY BE
TAKEN ON COMMENTS RECEIVED AT THIS TIME, EXCEPT THE CITY COUNCIL MAY BRIEFLY
RESPOND TO STATEMENTS MADE OR QUESTIONS POSED. Comments are limited to three (3)
minutes per speaker.
CITY MANAGER’S REPORT
ANNOUNCEMENTS/COUNCIL COMMENTS/COMMITTEE UPDATES
ADJOURNMENT: The next regular Council Meeting is October 17, 2012.
Page 4 of 4
0004
October 3, 2012
Regular Meeting
City of Aliso Viejo
Agenda Item A
DATE:
October 3, 2012
TO:
Mayor and City Council
FROM:
Kelly Tokarski, KT Community Relations
SUBJECT:
COUNCIL RECOGNITION AND PRESENTATION TO ALISO VIEJO
LITTLE LEAGUE MAJORS DIAMONDBACKS FOR WINNING THE 2012
MAJORS CHAMPIONSHIP
___________________________________________________________
Recommended Action:
Summary:
The Aliso Viejo Little League Majors Diamondbacks played 21 regular season games
and fought together as a team the entire way. The 2012 Majors Championship came
down to the last game of the season versus a team they were tied for first with. The
Diamondbacks led the entire game until giving up five runs in the 5th inning. The team
was down to its last three outs, but the players pulled together to score five in the 6th
inning to win the championship. The players then moved on to the "Tournament of
Champions," which consists of two Aliso Viejo and other local teams. The
Diamondbacks won three straight games only to fall to the other Aliso Viejo team, but
displayed talent, sportsmanship and made this City proud.
The Diamondbacks were managed by Scott Poirot and assistant coaches Trey Fields
and Rick Wojcicki.
Team roster: Ryan Poirot, Tyler Jones, Lucas Marshall, Zach Fields, Bryce Manier,
Mason Manier, Carter Gill, Cole Abbott, Connor Hatzenbuehler, Kyle Robertson, Ricky
Wojcicki, and Christian Hovey.
APPROVED FOR SUBMITTAL TO THE CITY COUNCIL
___________________________
Mark A. Pulone
City Manager
A-1
0005
City of Aliso Viejo
Agenda Item B
DATE:
October 3, 2012
TO:
FROM:
SUBJECT:
LITTLE LEAGUE AA DODGERS
___________________________________________________________
Recommended Action:
Summary:
The 2012 Aliso Viejo AA Dodgers had a great season this past spring with just two
losses the entire season. The team took home the Aliso Viejo City Trophy on June 8 by
defeating the Cardinals, 9-4, in the citywide AA championship. The team came together
throughout the season with some of the boys playing their second year of AA while
others ventured into their first year of pitching, which made for entertaining games in
the beginning of the season. However, the Aliso Viejo AA Dodgers practiced, persisted
and rose to the occasion and these 8, 9 and 10-year-old players had a great baseball
experience.
The Aliso Viejo AA Dodgers were managed by Ted Fern and assistant coaches James
Buccheri and Jay Cunningham.
Team Roster: Aidan Fern, Ben Horner, Brennan Ffrench, Chase Christner, Connor
Hayden, Jake Spence, Josh Fitzer, Nick Horner, Parker Buccheri, Shotaro Hamada,
Wilson Cunningham and Zack Horner.
___________________________
Mark A. Pulone
City Manager
B-1
0006
City of Aliso Viejo
Agenda Item C
DATE:
October 3, 2012
TO:
FROM:
SUBJECT:
LITTLE LEAGUE 12-YEAR-OLD MAJORS ALL-STAR TEAM
___________________________________________________________
Recommended Action:
Summary:
The Aliso Viejo Little League 12-year-old Majors All-Star team had an incredible run.
Aliso Viejo hosted the District, Sectional, Sub Division III, and state tournaments. The
pressure was on for the team to defend its home against some outstanding all-star
baseball teams from across the state. In fact, there are 383 all-star teams throughout
Southern California. With teamwork, heart and community support, Aliso Viejo
responded well and took the District, Sectional, and Sub Division banners. The All-Star
team made it to the state title (best of three games), with the final two teams out of 383
battling it out at Woodfield Park. The series was split and came down to game 3. The
All-Stars fought hard but fell short. However, they defended their home with passion and
provided exciting baseball for folks of all ages to enjoy.
The All-Star team was managed by Scott Poirot and assistant coaches Mike Sigler and
Kirby Helmkamp.
Team roster: Ryan Poirot, Tyler Jones, Brett Helmkamp, Luke Sigler, Hunter Jump,
Connor Kokx, Chris Pimentel, Carter Mathys, Neil Schuler, Mitchel Zone, Chris Aubort,
Max Binaei, and Jake Briones.
___________________________
Mark A. Pulone
City Manager
C-1
0007
City of Aliso Viejo
Agenda Item 3
DATE:
October 3, 2012
TO:
FROM:
Gina M. Tharani, Director of Financial Services
SUBJECT: ACCOUNTS PAYABLE
________________________________________________________________
Recommended Action:
1. Ratify accounts payable checks issued September 13, 2012 in the amount of
$166,866.55 and
2. Ratify accounts payable checks issued September 20, 2012 in the amount of
$616,550.65.
Fiscal Impact:
Expenditures in the amount of $783,417.20.
Background:
The City issues accounts payable checks on a bi-monthly basis and submits them to the
City Council for review and approval prior to the creation of accounts payable checks.
Special check runs are done on a weekly basis with the City Council ratification at its
next regularly scheduled City Council Meeting.
Discussion:
The issued accounts payable checks were reviewed and approved for payment. The
register is being presented to City Council for approval.
____________________________
Gina M. Tharani
Director of Financial Services
____________________________
Mark A. Pulone
City Manager
Attachment: Accounts Payable Reports
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0008
0009
0010
0011
0012
0013
City of Aliso Viejo
Agenda Item 4
DATE:
October 3, 2012
TO:
FROM:
Gina M. Tharani, City Treasurer
SUBJECT: TREASURER’S STATEMENT – AUGUST, 2012
________________________________________________________________
Recommended Action:
Approve the August 2012 Treasurer’s Statement.
Fiscal Impact:
No Fiscal Impact.
Background:
Per City policy, the Finance Department presents the monthly Treasurer’s Statement for
the City Council’s review and approval. This statement shows the cash balances for the
various funds, with a breakdown of bank account balances, investment account
balances and the effective yield earned from investments.
Discussion:
The City of Aliso Viejo is invested in the State Treasurer’s Local Agency Investment
Fund (LAIF). Investment in LAIF is allowed under the City’s formally adopted investment
policy. All funds are available for withdrawal within 24 hours. In addition, in accordance
with the City’s Investment Policy, the City has the option to purchase Certificate of
Deposits with its local bank. These funds will be insured by Federal Deposit Insurance
Corporation (FDIC). FDIC is an independent agency created by Congress in 1933 to
supervise banks, insure deposits, and help maintain a stable and sound banking
system.
As a secondary investment option, the City continues to maintain its Money Market
account with J.P Morgan Chase & Co. Excess funds are invested into an investment
pool of US Treasury Notes. Interest is credited to the City’s bank account on a monthly
basis.
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0014
_________________
Gina M. Tharani
City Treasurer
_________
_______________________________
Mark A. Pulone
City Manager
Attachment:
Treasurer’s Statement.
LAIF Statement
4-2
0015
CITY OF ALISO VIEJO
TREASURER'S MONTHLY CASH STATEMENT
August 31, 2012
BEGINNING
BALANCE
GENERAL FUND
$
GAS TAX FUND
MEASURE M
PUBLIC SAFETY GRANTS
AIR QUALITY IMPRVMNT FD
INTEGRATED WASTE MGMT FD
OTHER GRANTS
TECHNOLOGY GRANT
DEVELOPMENT IMPACT
FEDERAL GRANTS
CONFERENCE & AQUATIC CENTER
STREET IMPROVEMENTS
CAPITAL IMPROVEMENTS
STORM WATER
COP 2006/CFD 2005-01
REFUNDABLE DEPOSIT
COMMUNITY TRUST
TOTALS
$
RECEIPTS
23,636,129.47
1,878,137.00
818,963.06
48,666.43
641,865.03
34,493.19
613,206.92
572,416.11
7,280,597.09
99,854.42
(45,333.41)
(6,699.99)
1,074,421.28
64,105.53
36,710,822.13 $
721,007.47
131,242.18
14,959.39
70,929.45
45,333.41
186,272.63
26,817.96
60,305.59
1,256,868.08
TRANSFERS
IN (OUT)
DISBURSEMENTS
$
1,814,059.33
72,070.75
15,038.22
16,275.30
18,618.94
82,108.10
1,518.68
191,882.63
47,751.35
4,759.26
2,264,082.56
$
5,707,882.66
-
$
ENDING
BALANCE
$
$
22,543,077.61
1,937,308.43
818,963.06
33,628.21
656,824.42
34,493.19
613,206.92
556,140.81
7,351,526.54
81,235.48
(82,108.10)
(1,518.68)
(12,309.99)
1,053,487.89
119,651.86
35,703,607.65
$
35,703,607.65
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
TOTAL DEMAND DEPOSITS
INVESTMENTS:
$
LOCAL AGENCY INVESTMENT FD
$
5,707,882.66
29,995,724.99
TOTAL INVESTMENTS
$ 29,995,724.99
TOTAL CASH
L.A.I.F - Effective Yield for July 2012
Money Market-Effective Yield for July 2012
0.377%
0.200%
All investments are placed in accordance with the City of Aliso Viejo's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures.
Other monies held include Cash with Fiscal Agent and Payroll Accounts in the amount of $
6,286,152.05
(1) Public Safety Grant includes the MDC and PVS Program Costs budgeted with SLESF funds.
(2) Transfers in and out are done on a quarterly basis. Street Improvements include the Slurry Seal, Traffic management
and Street Improvement Projects.
Capital Improvements include Park improvement projects.
Storm Water includes the Wood Canyon Emergent Wetland Project
(3) Unaudited balances are reported for the AV Conference Center and the AV Aquatic Center @ 8/31/12.
Gina M. Tharani, City Treasurer
0016
(1)
(3)
(2)
(2)
(2)
0017
City of Aliso Viejo
CITY COUNCIL
AGENDA ITEM 5
DATE:
October 3, 2012
TO:
FROM:
Albert Armijo, Director of Planning Services
Larry Lawrence, Consulting Planner
SUBJECT:
PA12-027: ZONING CODE AMENDMENT WITH VARIOUS CLEAN-UP
REVISIONS TO THE CODE
Recommended Action:
Read by title only and introduce for first reading an ordinance entitled "An Ordinance of
the City Council of the City Of Aliso Viejo, California, Adopting Zoning Code Text
Amendment PA12-027 to Amend Titles 11 and 15 of the Aliso Viejo Municipal Code to
Make Various Clean-up Revisions.”
Applicant:
City of Aliso Viejo
Location:
Citywide
General Plan
and Zoning:
Various
Notices
A 1/8 page display ad noticing the hearing for the proposed Zoning Code Amendment
was published in the Aliso Viejo News and Laguna Niguel News. Also, hearing notices
were posted at Aliso Viejo City Hall, the Aliso Viejo Library, and the Aliso Viejo Sheriff
Substation.
Environmental Review
This Zoning Code Amendment is not subject to the California Environmental Quality Act
(“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines (CCR
Title 14 Chapter 3), because it has no potential for resulting in physical change to the
environment directly or indirectly. The Zoning Code Amendment enacts changes to the
City Zoning Code to promote health, safety, comfort and general welfare in the
community, to provide a plan for sound and orderly development and to ensure social
5-1
0018
Zoning Code Amendment PA12-027
October 3, 2012 City Council
Page 2
and economic stability. The Zoning Code Amendment does not propose nor authorize
any action that would have the potential to cause a physical change in the environment
directly or indirectly.
Background
As a result of ongoing implementation of the Zoning Code, staff has identified certain
desirable refinements and additions. Therefore, the Director of Planning Services
initiated the present amendment in accordance with Code Section 15.78.050.
Discussion
All changes to the Code are shown in the attached amendment markup. Key changes and
their relevant Code sections are summarized below.
1.
Exotic Animals (15.10.020, 15.18.020 and 15.26.020) – In conjunction with
recent amendments to regulations on keeping of wild and exotic animals, staff
added cross-references to those Title 6 regulations in permitted use tables
regarding the keeping of pets and other animals.
2.
Massage Parlors – No CUP (15.18.020) – Per Business & Professions Code
§4612(b)(4), massage parlors that employ only state certified massage therapists
must be subject to the same land use requirements as other businesses providing
professional services. Currently, businesses providing professional services, such
as nail and hair salons, are permitted in nonresidential districts without a CUP. To
comply with Business & Professions Code §4612(b)(4), staff added a new use to
allow massage parlors that employ only state certified massage therapists in
nonresidential zones without a CUP. However, the requirement for a conditional
use permit has been retained for such uses if not all technicians are state-certified.
3.
Wet Labs AUP (15.18.020) – Per City Council discussion during review of the
Clarient wet lab conditional use permit, all wet labs will be permitted with a
Director-approved administrative use permit instead of a CUP.
4.
Assembly Uses in BP (15.18.020) – To limit proliferation of non-business uses in
business districts, churches, gyms, lodges and other assembly uses will be limited
to a maximum of 5,000 sq.ft. in the PO and BP districts. This will replace the
current complex restrictions which provide: “Facilities which are ancillary to the
main meeting room, such as day care rooms, classrooms, conference rooms,
game rooms, gymnasiums and similar facilities shall not exceed 20,000 sq/ft GFA
or 50% of the GFA of the main meeting room, whichever is larger, unless an
exception is approved by the City Council."
5.
Electronic Signs (15.34.070) – Staff is proposing electronic signs be allowed for
institutional uses below 100 acres with the added restriction requiring only "static"
copy; that is, no scrolling, dissolving or any other movement of the sign message.
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0019
Page 3
Signs for uses over 100 acres (such as large institutions) will still be allowed
moving copy.
6.
Electric Car Charging Stations (15.38.020(E)) – Staff added a new subsection
stating that spaces designated for electric vehicle charging shall be counted
towards a land use's parking requirement.
7.
High Density Design Standards (15.62.130) – Staff has added a new section at
the end of the Design Standards chapter specifically for High and Very High
Density Residential projects above 18 dwelling units per acre. These have been
added to ensure such potentially high-impact projects incorporate good design
elements. For example: "Clustering of Units. Clustering of multifamily units shall
be a consistent site planning element. Large projects shall be broken up into
groups of structures. The use of single “mega-structures” should be avoided."
8.
Business Activities in Parks (11.10.080) – Staff has added a prohibition against
any business activity in public or private parks, including lessons and classes,
without prior City and/or property owner authorization.
Conclusion
Changes in this Code Amendment are the result of staff’s experience with processing
land use and development proposals since adoption of the Code in January 2010. Staff
believes the amendment will provide more effective regulations. Therefore, we
recommend adoption of the Amendment.
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0020
Page 4
Recommendation
Read by title only and introduce for first reading an ordinance entitled "An Ordinance of
the City Council of the City Of Aliso Viejo, California, Adopting Zoning Code Text
Amendment PA12-027 to Amend Titles 11 and 15 of the Aliso Viejo Municipal Code to
Make Various Clean-up Revisions.”
Prepared by:
Reviewed by:
___________________________
Larry Lawrence AICP
Consulting Planner
____________________________
Albert Armijo
Director of Planning Services
___________________________
Mark A. Pulone
City Manager
Attachments:
1. Ordinance Adopting Code Amendment, with Exhibit A: Zoning Code Amendment
2. Amended Residential Design Standards
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0021
ATTACHMENT 1:
ORDINANCE ADOPTING CODE AMENDMENT
[INSERT FROM SEPARATE FILE]
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0022
ATTACHMENT 2:
AMENDED RESIDENTIAL DESIGN STANDARDS
(New High Density Standards at End)
[INSERT FROM SEPARATE FILE]
Agenda Item ______
0023
ATTACHMENT 1:
ORDINANCE ADOPTING CODE AMENDMENT
Attachment 1: PA12-027
Ordinance
Agenda Item___________________
0024
ORDINANCE NO. 2012—0XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, ADOPTING ZONING CODE TEXT AMENDMENT
PA12-027TO AMEND TITLES 11 AND 15 OF THE ALISO VIEJO
MUNICIPAL CODE TO MAKE VARIOUS CLEANUP REVISIONS
WHEREAS, on April 21, 2004 the City Council of the City of Aliso Viejo,
California (“City”) adopted a General Plan as required by California Government Code
section 65300; and
WHEREAS, California Government Code sections 65800 et seq. provide for the
adoption and administration of local zoning laws, ordinances, rules and regulations to
implement the General Plan; and
WHEREAS, on January 20, 2010, City Council adopted a revised Zoning Code
for the City; and
WHEREAS, the need for certain further refinements throughout the Zoning Code
and the Aliso Viejo Municipal Code (AVMC) has been identified as a result of
application of the Zoning Code and AVMC; and
WHEREAS, Zoning Code chapters 15.70 and 15.78 and California Government
Code section 65854 require the City Council to conduct a public hearing on Zoning
Code amendments; and
WHEREAS, notice of the public hearing on Zoning Code Amendment PA12-027
was published in a 1/8 page display ad in the Aliso Viejo News and Laguna Niguel
News on September 13, 2012 and public hearing notices were posted at the Aliso Viejo
City Hall, the Aliso Viejo Library, and the Aliso Viejo Sheriff Substation pursuant to
California Government Code sections 65853 et seq.; and
WHEREAS, on October 3, 2012, the City Council held a duly-noticed public
hearing to consider the Zoning Code Amendment and public testimony and
recommendations presented by staff in its staff report and oral presentation.
THE CITY COUNCIL OF THE CITY OF ALlSO VIEJO HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. This Ordinance enacts changes to the City’s Zoning Code in order to
Ordinance
Agenda Item___________________
0025
promote health, safety, comfort and general welfare in the community, to provide a plan
for sound and orderly development and to ensure social and economic stability. This
Ordinance does not propose nor authorize any action that would have the potential to
cause a physical change in the environment, directly or indirectly. Staff is directed to file
a notice of exemption within five days of the adoption of this Ordinance.
SECTION 2. After receiving public testimony, reviewing the evidence submitted
by staff and discussing the proposed Zoning Code Amendment, the City Council hereby
finds that the Zoning Code Amendment is consistent with the General Plan. Specifically,
the amendment achieves greater consistency between the Zoning Code and the
General Plan in terms of design and development standards.
SECTION 3. The Aliso Viejo Zoning Code, Titles 11 and 15 of the Aliso Viejo
Municipal Code, are hereby amended as set out in Exhibit “A” attached hereto and
incorporated herein by reference. This adoption is based upon the findings contained in
this Ordinance, the accompanying staff report and all oral and written testimony
presented at the public hearing.
SECTION 5. Upon the effective date of this Ordinance, all former ordinances or
parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby
repealed and declared to be of no further force and effect.
SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or
portion of this Ordinance or any portion of the Zoning Code Amendment attached hereto
as Exhibit "A” is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance and amended Zoning Code. The City Council
hereby declares that it would have adopted this Ordinance and amended Zoning Code,
and each section, subsection, paragraph, subdivision, sentence, clause, phrase or
portion thereof, irrespective of the fact that any one or more sections, subsections,
paragraphs, subdivisions, sentences, clauses, phrases or portions might subsequently
be declared invalid or unconstitutional.
SECTION 7. This Ordinance and Zoning Code Amendment shall take effect thirty
(30) days after its adoption.
SECTION 8. The City Clerk shall publish this Ordinance within fifteen (15) days
of its adoption in accordance with California Government Code Section 36933.
Ordinance
2
Agenda Item___________________
0026
PASSED, APPROVED AND ADOPTED this 17th day of October 2012.
Donald A Garcia
Mayor
ATTEST:
Susan Ramos
City Clerk
APPROVED AS TO FORM:
Scott C. Smith
City Attorney
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ALISO VIEJO
)
) ss
)
I, Susan Ramos, City Clerk of the City of Aliso Viejo, California, do hereby certify that
the foregoing Ordinance was adopted at a regular meeting of the City Council of the
City of Aliso Viejo held on the 17th day of October 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
________________________
City Clerk
Ordinance
3
Agenda Item___________________
0027
ORDINANCE EXHIBIT A:
ZONING CODE AMENDMENT PA12-027
SELECTED SECTIONS OF TITLES 11 AND 15 ARE HEREBY AMENDED TO READ
AS SET OUT HEREINAFTER:
Ordinance
Agenda Item___________________
0028
Formatted: Top: 1", Bottom: 1"
11.10.080 Vending and commercial activity – Permit required.
No person shall sell or offer for sale any goods, wares, merchandise or food products or
provide any services, lessons or classes within any designated park or recreational area
without a written permit from the director or, in the case of a private park, the consenting
owner. Notwithstanding the foregoing, this section does not apply to any concession,
license, or permit operated in a public park under the direct or delegated authority of the
city council, nor to any activity specifically exempted by order or resolution of the city
council.
Ordinance
1
Agenda Item___________________
0029
15.10.020
Permitted Uses in Residential Districts
A. Development Permits Required. Table 15.10.020 in this section identifies
whether a use or structure is permitted within a zoning district. However, in most cases
development to establish a land use requires approval of a site development permit
and/or other permits as set out in chapter 15.74 (Discretionary Permits).
B. PRD Permitted Uses. Per section 15.10.040, the permitted uses within the
Planned Residential Development District shall be the same as those in the underlying
base district. Therefore, permitted uses for the PRD District are not included in Table
15.10.020.
C. Table of Permitted Uses. Table 15.10.020 following specifies those uses and
structures which are permitted within each residential district. If a use or structure is not
listed as permitted, it is prohibited unless specifically determined to be permitted in
accordance with section 15.06.050 (Unlisted Land Uses). The letters in the columns
beneath the district designations mean the following:
1. "P" - The use is permitted as a principal use within the district.
2. "A" - The use is permitted only if accessory to the principal use on the site.
3. "C" - The use is permitted as a principal or accessory use if a conditional use
permit is approved.
4. "AUP" - The use is permitted as a principal or accessory use if an
administrative use permit is approved.
5. "TUP" - The use is permitted on a temporary basis if a temporary use
permit is approved.
6. “NP” - The use is not permitted in the district.
Ordinance
2
Agenda Item___________________
0030
TABLE 15.10.020:
PERMITTED USES IN RESIDENTIAL DISTRICTS
RL
RM
RH
RVH
Low Density
Residential
Med. Density
Residential
High Density
Residential
Very High
Density Res.
Single-family dwellings, detached
P
P
NP
NP
Single-family dwellings, attached
P
P
P
P
RESIDENTIAL USES:
Multifamily dwellings
NP
P
P
P
Single-room occupancy housing
NP
P
P
P
Boarding and rooming houses
NP
C
C
C
P
P
NP
NP
C
C
C
C
P
P
NP
NP
Homeless and emergency shelters
NP
C
C
C
Managed care facilities, including assisted living
facilities and convalescent homes
NP
NP
C
C
Residential care facilities for 6 or fewer persons
P
P
P
P
Residential care facilities for 7 to 12 persons
C
C
C
C
Transitional and supportive housing
P
P
P
P
P
P
P
P
P
P
P
P
Fences and walls, subject to sec. 15.14.030
Patio covers and other yard structures, subject to
sec. 15.14.050
Storage sheds and yard buildings, subject to
sec. 15.14.060
Swimming pools and spas, subject to
sec. 15.14.070
Second residential units on lots with single family
detached dwellings, subject to sec. 15.14.080
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
NP
NP
Guest houses, subject to sec. 15.14.090
A
A
NP
NP
Home occupations, subject to sec. 15.14.150
A
A
A
A
Individual manufactured homes including
mobilehomes on single family lots, subject to
sec. 15.14.100
Mobilehome parks and developments, subject to
sec. 15.14.100
Alcoholism or drug abuse recovery facilities
("sober living" houses), serving 6 or fewer
persons in single family detached dwellings
OPEN SPACE AND RECREATIONAL USES:
Public and private parks, playfields, recreational
facilities, and open space, lighted or unlighted,
subject to ch. 15.46 (Noise Standards) and
sec. 15.22.110 (Outdoor Lighting)
Clubhouses and community pools and cabanas
ACCESSORY USES AND STRUCTURES:
(subject to chapter 15.14)
Ordinance
3
Agenda Item___________________
0031
TABLE 15.10.020:
PERMITTED USES IN RESIDENTIAL DISTRICTS
Small child day care homes in single-family
detached dwellings, serving up to 6 children,*
subject to sec. 15.14.160
Large child day care homes in single-family
detached dwellings, serving up to12 children,*
RL
RM
RH
RVH
Low Density
Residential
Med. Density
Residential
High Density
Residential
Very High
Density Res.
A
A
NP
NP
AUP
AUP
NP
NP
A
A
A
A
A
A
A
A
A
A
A
A
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
* Up to 2 additional children may be served pursuant to the
provisions of sec. 15.14.160 of this Code and secs. 1597.44
and 1597.465 of the California Health and Safety Code.
The keeping of household pets, including domestic
cats, dogs, household birds, household fish, small
nonpoisonous reptiles, hamsters, other small
rodents, and other common household pets if in
compliance with the provisions of Title 6 of the
Municipal Code. Animal control and licensing
requirements for pets, wild and exotic animals and
all other animals in the City shall be pursuant to
Title 6.
Other accessory uses and structures which are
customarily associated with and subordinate to
the principal use on the premises and are
consistent with the purpose and intent of the
zoning district as determined by the Director
TEMPORARY USES
Garage sales
Construction and guard offices, subject to
sec 15.14.170
Model home complexes and sales offices, subject
to sec. 15.14.180
Professional film, video and still photography,
subject to chapter 15.46
Special outdoor community and other events
Regulated by chapter 11.05 of the
Municipal Code
OTHER USES
Amateur radio, satellite dish and video receiving
antennas
As provided in chapter 15.44
Wireless communication antennas and facilities
Ordinance
4
Agenda Item___________________
0032
15.14.050
Patio Covers and Yard Structures
A. Applicability. Yard structures are permitted as accessory structures on
common residential lots or on residential lots containing a primary residence, subject to
the requirements of this section. For purposes of this Code, the term “yard structure"
means any type of unenclosed structure over 18 inches in height and placed within
required yard setbacks, including but not limited to patio covers (attached or detached),
gazebos, trellises, free-standing fireplaces, fire pits, barbecues, fountains, play
equipment (other than enclosed playhouses), and cantilevered decks.
B. Standards. Yard structures shall conform to the following requirements.
Setbacks shall be measured from the edge of the structure, not from supporting
members. Height shall be measured at the highest point of the structure.
1. Side and Rear Yards. Yard structures under 6 feet in height may be located
up to a side or rear property line subject to building code and fire code
limitations. Yard structures 6 feet in height or over shall be located at least 3
feet from any property line and shall not exceed 12 feet in height.
2. Front Yards. Yard structures in front yards shall not exceed 6 feet in height,
shall be located at least 3 feet from any property line and shall not be located
in the panhandle portion of a panhandle lot.
3. Common Lots. For common lots, yard structures under 6 feet high may be
located up to any property line subject to building or fire code limitations. Yard
structures 6 feet in height or over shall be located at least 3 feet from any
property line and shall not exceed 12 feet in height.
4. Elevated Decks. No deck or viewing area shall be placed on the roof of a yard
structure unless an exception permit is approved pursuant to section
15.74.070.
5. Drainage from Roofs. Yard structures shall be constructed in a manner so as
to prevent rooftop water from draining onto any adjacent parcel.
C. Increase in Height. An increase of up to 3 feet in height for a yard structure
may be permitted if an exception permit is approved pursuant to section 15.74.070.
15.14.060
Storage Sheds and Yard Buildings
A. Applicability. Storage sheds, playhouses and similar enclosed yard buildings
are permitted as accessory structures on common residential lots or on residential lots
containing a primary residence, subject to the requirements of this section. For
purposes of this Code, the term “yard building" means any type of detached enclosed
building over 18 inches in height and placed within required yard setbacks, including but
not limited to storage sheds, garden sheds and enclosed playhouses. The term does
Ordinance
5
Agenda Item___________________
0033
not include attached enclosed patios, sunrooms, service porches or other enclosed
rooms attached to the main building. Such rooms shall conform to the same setback
and height regulations as the main building.
B. Standards. Yard buildings shall conform to the requirements listed below.
Height shall be measured at the highest point of the structure.Yard buildings shall
conform to the following requirements:
1. Side and Rear Yards. Yard buildings under 6 feet in height may be located up
to a side or rear property line subject to building or fire code limitations. Yard
buildings 6 feet in height or over shall be located at least 3 feet from the
2. Front Yards. Yard buildings in front yards shall not be located closer to the
front property line than the front wall of the main building. Height and other
restrictions shall be the same as for side and rear yards as set out in
paragraph (B)(1) of this section.
3. Common Lots. For common lots, yard buildings under 6 feet high may be
located up to any property line subject to building or fire code limitations. Yard
buildings 6 feet in height or over shall be located at least 3 feet from any
4. Number and Size. No more than 2 yard buildings shall be placed on any
residential lot. No yard building shall exceed 200 square feet in ground area.
5. Elevated Decks. No deck or viewing area shall be placed on the roof of a yard
building unless an exception permit is approved pursuant to section
15.74.070.
6. Drainage from Roofs. Yard buildings shall be constructed in a manner so as
to prevent rooftop water from draining onto any adjacent parcel.
C. Increase in Height. An increase of up to 3 feet in height for a yard building
may be permitted if an exception permit is approved pursuant to section 15.74.070.
Ordinance
6
Agenda Item___________________
0034
15.14.080
Second Residential Units
A. Purpose. This section provides standards and criteria for establishment of
second residential units within residential districts consistent with sections 65852.150,
and 65852.2 of the state Government Code, as amended or superseded.
B. Approval by Planning Director. Second residential units may be constructed
on lots containing a single family detached dwelling subject to the requirements of this
section. The Planning Director shall approve application for a second residential unit
ministerially, without public notice or a public hearing, if the Director finds and
determines that the proposed unit conforms to the provisions of this section. In
approving such a permit, the Director may impose reasonable conditions to ensure
compliance with the provisions of this section. Any action of the Director may be
appealed to the City Council without notice or public hearing. The scope of such an
appeal shall be limited to questions of compliance with the provisions of this section.
C. Standards for Second Residential Units. A second residential unit shall be
approved if the Director determines that the following requirements are met:
1.
No Separate Ownership. No interest in the second residential unit may be
sold separately from the remainder of the property. However, the second
residential unit may be rented.
2.
Primary Residence Required on Lot. A second unit shall only be permitted
on a residential lot on which one owner-occupied single family detached
dwelling unit (the “primary residence”) already exists or is constructed
concurrently with the second dwelling unit.
3.
One Second Unit Allowed. Only one second residential unit may be
established on any lot in addition to the primary residence and no second
unit shall be permitted on any residential lot already containing 2 or more
dwelling units.
4.
Attached or Detached. The second unit shall be either attached to and
located within the living area of the primary residence or detached from and
located on the same lot as the primary residence.
5.
No Vehicles Allowed as Second Unit. No recreational vehicle or other
vehicle shall be permitted as a second residential unit.
6.
Compliance with all Lot and Development Standards. A second unit shall
only be permitted on a residential lot which conforms to the minimum lot size
requirements of the applicable zoning district. Also, the second unit shall
conform to height, setback, and other Zoning and Building Code
requirements applicable to residential construction in the district in which the
Ordinance
7
Agenda Item___________________
0035
property is located and shall be architecturally compatible with the primary
residence.
7.
Maximum Floor Area of Second Unit. The floor area of an attached second
unit shall not exceed 30 percent of the existing living area of the primary
residence. The floor area of a detached second unit shall not exceed 1,200
square feet total floor area.
8.
Parking. A minimum of 3 off-street parking spaces shall be provided for each
residential lot containing an approved second unit. This parking shall include
a 2-car garage for the primary residential unit and 1 enclosed or open space
for the second unit. A tandem parking space within an approved driveway,
with a minimum dimension of 9 feet in width by 19 feet in depth, may be
credited toward meeting the requirement for the second dwelling unit,
provided the space is kept clear and available for parking purposes at all
times.
9.
Utility Metering. The second unit may be separately metered for gas,
electricity, water, and other utility services.
10. No Validation of Illegal Second Units. The provisions of this section shall not
validate any existing illegal second unit. However, an application for a permit
may be made pursuant to the provisions of this Code to convert an illegal
second unit to a conforming legal second unit. The standards and
requirements for said conversion shall be the same as for a newly proposed
second dwelling unit.
15.14.090
Guest Houses
A. Purpose. This section provides standards and criteria for establishment of
guest houses on single-family lots.
B. Planning Director Approval. Guest houses may be constructed on lots
containing a single family detached dwelling subject to the requirements of this section.
The Planning Director shall approve application for a guest house ministerially, without
public notice or a public hearing, if the Director finds and determines the proposed unit
conforms to the provisions of this section. In approving such a unit, the Director may
impose reasonable conditions to ensure compliance with the provisions of this
section. Any action of the Director may be appealed to the City Council, without notice
or public hearing. The scope of such an appeal shall be limited to questions of
compliance with the provisions of this section.
C. Standards for Guest Houses. All guest houses shall conform to the following
standards:
Ordinance
8
Agenda Item___________________
0036
1. Guest houses shall conform to height, setback, and other Zoning Code
requirements applicable to residential construction in the district in which the
property is located. Guest houses shall be architecturally compatible with the
main unit.
2. Only one guest house may be established on any lot in addition to the primary
residence.
3. The floor area of a guest house shall not exceed 800 square feet.
4. There shall be no kitchen or cooking facilities within a guest house.
5. No recreational vehicle or other vehicle shall be used as a guest house.
6. A guest house shall be used only by the occupants of the main residence,
their non-paying guests, or domestic employees. The guest house shall not
be rented or otherwise occupied independently from the main residence.
D. Deed Restriction. Prior to issuance of a building permit, a deed restriction
shall be recorded against the property to prohibit the use or conversion of the guest
house to a rental unit, to a unit for sale, or to add a kitchen or cooking facility.
Ordinance
9
Agenda Item___________________
0037
15.18.020
Permitted Uses in Nonresidential Districts
A. Development Permits Required. Table 15.18.020 in this section indicates
whether a use or structure is permitted within a zoning district. However, in most cases
and/or other permits as set out in section 15.74.020.
B. Table of Permitted Uses. Table 15.18.020, following, specifies those uses and
structures which are permitted within each nonresidential district. If a use or structure is
not listed as permitted, it is prohibited unless specifically determined to be permitted
pursuant to section 15.06.050. The letters in the columns beneath the district
designations mean the following:
permit is approved.
5. "TUP" - The use is permitted on a temporary basis if a temporary use permit
is approved.
6. “NP” - The use is not permitted in the district
Land uses are grouped as follows in the following table:
•
•
•
•
•
•
•
•
•
Automotive Uses
Dining, Drinking and Entertainment Uses
Lodging, Group Care and Assembly Uses
Office, Retail and Service Uses
Public, Semi-Public and Recreation Uses
Research, Industrial and Heavy Commercial Uses
Accessory Uses
Temporary Uses
Other Uses
TABLE 15.18.020:
PERMITTED USES IN NONRESIDENTIAL DISTRICTS
Land Use
CT
CC
CN
PO
BP-1
BP-2
Town Center
Commercial
Community
Commercial
Neighborhood
Commercial
Professional
Office
Business
Park - 1
Business
Park - 2
NP
NP
NP
NP
C
C
NP
C
C
C
C
C
NP
NP
C
C
C
C
AUTOMOTIVE USES:
Auto and motorcycle dealerships,; with associated repair
services
Auto repair services, major
Auto repair services, minor as a principal use
Ordinance
10
Agenda Item___________________
0038
TABLE 15.18.020:
Land Use
Auto repair services, minor, as an accessory use subordinate
to a principal use such as a gas station, discount or warehouse
store or other permitted use
Auto, truck and equipment rental businesses, with vehicles
and/or equipment stored on the premises
Car washes, automated as an accessory to gas station use on
the same premises only
Car washes, full service
Gas stations and charging stations; may include accessory
uses such as minimarts, automated car washes, fast food, and
minor auto repair; subject to sec. 15.22.210
Parking lots and garages as a principal use
Vehicle, truck, recreation vehicle and marine sales, service,
and storage, subject to landscaping and screening
CT
CC
CN
PO
BP-1
BP-2
Town Center
Commercial
Community
Commercial
Neighborhood
Commercial
Professional
Office
Business
Park - 1
Business
Park - 2
AUP
AUP
AUP
NP
AUP
AUP
NP
NP
NP
NP
NP
C
C
C
C
C
C
C
C
C
NP
NP
C
C
C
C
C
C
C
C
C
C
C
C
C
C
NP
NP
NP
NP
NP
C
AUP
AUP
AUP
AUP
AUP
AUP
C
NP
P
C
C
AUP
AUP
P
C
C
C
C
P
C
C
AUP
AUP
P
C
C
C
NP
P
C
NP
AUP
AUP
P
C
C
C
NP
P
C
NP
AUP
AUP
AUP
C
NP
C
NP
AUP
C
C
AUP
AUP
AUP
C
NP
C
NP
AUP
C
C
AUP
AUP
AUP
C
NP
P
P
P
AUP
AUP
AUP
C
A
C
A
NP
A
NP
A
C
A
C
A
AUP
AUP
AUP
AUP
AUP
AUP
C
NP
NP
C
NP
C
NP
NP
NP
NP
AUP
NP
NP
NP
NP
AUP
C
C
C
NP
C
P
C
C
C
C
P
C
C
C
NP
NP
NP
C
C
C
NP
NP
NP
C
P
P
DINING, DRINKING AND ENTERTAINMENT USES:
Alcoholic beverage sales, for on or off-premise consumption,
Bars, taverns. cocktail lounges and microbreweries
Cigar bars, smoking lounges and hookah lounges
Coffee houses
Cyber or internet cafes
Live entertainment and dancing as a principal use
Live entertainment and dancing as an accessory use
Outdoor dining as an accessory use, subject to sec. 15.22.190
1
Restaurants, full-service, with 16 or fewer seats
1
Restaurants, full-service, with 17 or more seats
1
Restaurants, drive-thru
Retail sale of take-out food such as ice cream, frozen yogurt,
1
and bakery goods, with ancillary seating
1
Outdoor dining is an accessory use regulated by sec. 15.22.190
Theaters, live or motion picture (see "Public, Recreation and
Assembly Uses")
Video arcades as a principal use
Video games as an accessory use (9 machines or less)
LODGING AND GROUP CARE USES:
Alcoholic beverage sales, for on- or off-premise consumption,
Child day care centers and preschools
Homeless/Emergency shelters
Hospitals
Hotels and bed and breakfast inns
Motels
Managed care facilities, including assisted living facilities and
convalescent homes
Transitional/Supportive Housing
Ordinance
11
Agenda Item___________________
0039
TABLE 15.18.020:
Land Use
CT
CC
CN
PO
BP-1
BP-2
Town Center
Commercial
Community
Commercial
Neighborhood
Commercial
Professional
Office
Business
Park - 1
Business
Park - 2
AUP
AUP
AUP
AUP
AUP
AUP
C
C
C
C
C
C
NP
NP
NP
NP
NP
NP
C
P
C
C
P
C
A
A
A
A
A
A
P
P
P
P
P
P
P
NP
C
P
C
C
P
NP
C
NPP
NP
NP
NPP
NP
NP
NPP
NP
NP
P
NP
C
NP
P
C
C
P
P
NP
NP
P
P
NP
NP
AUP
P
NP
NP
NP
P
NP
NP
NP
C
C
C
C
C
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
NP
NP
P
P
C
P
P
C
P
P
NP
NP
P
NP
NP
P
C
NP
P
C
NP
P
OFFICE, RETAIL AND SERVICE USES:
2
Animal boarding and kennels
2
Animal grooming
2
Animal hospitals/Veterinary clinics
2
Animal control, welfare and licensing requirements shall be pursuant to Title 6
of the Municipal Code.
Automated teller machines as an accessory use
Banks and other financial institutions with tellers; may include
drive-up or walk-up windows
Barber shops and beauty, nail, tanning and similar salons
Check cashing facilities
3
Convenience stores and liquor stores
3
Defined as retail stores under 5,000 sq/ft in gross floor area, open up to 24
hours/day and selling primarily food, beer, wine, liquor and sundries for off-site
consumption.
Dry cleaners, with no central plant onsite
Fortune telling, palmistry and similar services
Furniture and appliance stores
Laundromats
Massage parlors, massage centers, day spas and any other
establishment offering massage services wherein one or more
massage therapists providing services therein is not statecertified , subject to chapter 4.14 of the Municipal Code.
Massage parlors, massage centers, day spas and other
establishments offering massage services provided exclusively
by state-certified massage therapists, subject to chapter 4.14 of
the Municipal Code.
Miscellaneous small-scale services such as travel services,
photo developing, shoe repair, appliance repair, and similar
uses
Office uses, general and professional
Office uses, medical, dental, counseling, chiropractic,
acupuncture and similar services
Pet supplies and accessories stores (accessory veterinary or
kennel uses require a conditional use permit)
Pet stores, selling live animals
Plant nurseries and garden supply stores
Printing and copy services
3
Retail stores, general, under 10,000 sq/ft gross floor area
(GFA), other than convenience or liquor stores
3
Retail stores, general, 10,000 – 80,000 sq/ft GFA
3
Retail stores, general, over 80,000 sq/ft GFA
P
P
P
A
A
A
P
C
P
C
P
NP
NP
NP
NP
NP
NP
NP
NP
NP
C
C
NP
NP
NP
NP
NP
NP
NP
NP
3
Such as supermarkets and other retail stores selling such items as food,
apparel, shoes, books, office supplies, gifts, and similar merchandise to the
general public. Typically open less than 24 hours/day.
Tattoo parlors
Thrift stores and pawn shops
Ordinance
12
Agenda Item___________________
0040
TABLE 15.18.020:
Land Use
Video rental stores
Vendor carts and stands, outdoor, subject to sec. 15.22.130
CT
CC
CN
PO
BP-1
BP-2
Town Center
Commercial
Community
Commercial
Neighborhood
Commercial
Professional
Office
Business
Park - 1
Business
Park - 2
P
C
P
AUP
P
NP
P
AUP
P
AUP
P
AUP
AUP
AUP
AUP
AUP
AUP
AUP
P
C
C
C
C
NP
C
P
C
C
C
C
NP
C
P
NP
NP
NP
NP
NP
NP
P
NP
C
NP
C
NP
C
P
C
C
NP
C
NP
C
P
C
C
NP
C
C
C
NP
NP
NP
NP
NP
NP
NP
NP
C
NP
C
NP
C
C
NP
NP
C
C
NP
NP
NP
NP
C
C
P
NP
P
P
NP
P
P
NP
P
P
NP
P
P
NP
P
P
NP
P
AUP
AUP
AUP
AUP
AUP
AUP
C
C
CNP
C
C
C
NP
C
NP
NP
NP
C
NP
NP
NP
C
NP
NP
C
C
NP
NP
C
C
C
NP
C
C
C
NP
P
P
P
P
P
P
C
A
P
NP
NP
C
A
P
NP
NP
NP
A
P
NP
NP
NP
A
P
NP
NP
C
A
P
NP
C
C
A
P
NP
C
PUBLIC, RECREATION AND ASSEMBLY USES:
Bicycle, equestrian and hiking trails
Bowling alleys
4
Churches, temples, other places of worship
4
Cinemas and live theaters
4
Clubs, lodges, union halls, and similar uses
Colleges and universities, public or private
4
Community centers and senior citizen centers
4
Facilities which are ancillary to the main meeting room, such as day care
rooms, classrooms, conference rooms, game rooms, gymnasiums and similar
facilities shall not exceed 20,000 sq/ft GFA or 50% of the GFA of the main
meeting room, whichever is larger, unless an exception is approved by the City
Council. 4In the PO, BP-1 and BP-2 districts, such uses shall not exceed a
maximum aggregate square footage of 5,000 sq.ft.
Driving ranges, lighted or unlighted
Electric substations
Family/Children entertainment centers, indoor, with climbing
apparatus, play equipment, food service, video games, party
facilities, and similar attractions
Family/Children entertainment centers, outdoor, and similar
outdoor recreation uses, with such attractions as miniature golf,
batting cages, boat rides; may also include indoor attractions
Fire and police stations
Golf courses
Government offices
Health clubs, boxing and martial arts uses, gymnastics, dance
studios, and similar physical activity uses; under 3,000 sq/ft
gross floor area
Health clubs, boxing and martial arts uses, gymnastics, dance
studios, and similar physical activity uses; over 3,000 sq/ft
gross floor area. In the PO, BP-1 and BP-2 districts, such uses
shall not exceed a maximum aggregate square footage of
5,000 sq.ft.
Helicopter pads
Libraries and museums
Mortuaries and funeral homes
Outdoor amphitheaters
Parks and open space, passive, public, subject to ch. 15.46
(Noise Standards) and sec. 15.22.110 (Outdoor Lighting)
Pool halls/billiard centers
Pool or billiard tables as an accessory use (3 or fewer)
Public utility lines, boxes and transformers
Reservoirs and water tanks
Roller and ice rinks, indoor
Ordinance
13
Agenda Item___________________
0041
TABLE 15.18.020:
Land Use
Schools, private, with outdoor facilities, such as private
elementary and high schools; except preschools (listed under
Group Care Uses)
Schools, private, without outdoor facilities, such as business,
vocational and professional. In the PO, BP-1 and BP-2 districts,
such uses shall not exceed a maximum aggregate square
footage of 5,000 sq.ft.
Schools, public
Skateboard, roller hockey, and stunt bike facilities, indoor or
outdoor
Sports training centers
Stations and terminals, train, bus and taxi
Swim schools
Theaters, live or motion picture (see "Cinemas and live
theaters")
Tutorial services, not including schools or colleges
RESEARCH, INDUSTRIAL AND HEAVY COMMERCIAL
USES:
Contractor and construction equipment yards, with outside
storage
Dry cleaners and laundries, central plants
Laboratories, dry
Laboratories, wet, when accessory to a permitted use and
under 1,000 sq/ft in floor area (wet laboratories as a principal
use is listed under "Specialized research, development,
manufacturing and wet laboratories", below)
Light manufacturing and light industrial uses, including the
manufacture and assembly of products from materials such as
cloth, fiber, fur, glass, leather, stone, wood, plastics, metal, and
paper (except milling); may include offices, storage and other
incidental uses on the same site
Lumber yards and other building materials sales, outdoor
Pest control services
Plumbing repair shops
Recycling recovery facilities as a principal use, with collection
and sorting only (such as a materials recovery facility), not
including auto salvage or junkyards
Recycling collection facilities as an accessory use, such as
dropoff bins and mobile recycling units
Research and development, other than specialized (see below)
CT
CC
CN
PO
BP-1
BP-2
Town Center
Commercial
Community
Commercial
Neighborhood
Commercial
Professional
Office
Business
Park - 1
Business
Park - 2
NP
NP
NP
NP
C
C
NP
C
CNP
C
C
C
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
C
NP
C
NP
NP
C
NP
NP
NP
NP
NP
C
NP
C
C
NP
NP
C
C
NP
AUP
AUP
AUP
AUP
AUP
NP
NP
NP
NP
NP
C
NP
NP
NP
NP
NP
NP
NP
P
C
P
C
P
NP
NP
NP
AUP
AUP
AUP
NP
NP
NP
NP
C
P
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
C
C
C
AUP
AUP
NP
NP
NP
NP
NP
C
AUP
AUP
AUP
AUP
AUP
AUP
NP
NP
NP
P
P
P
Ordinance
14
Agenda Item___________________
0042
TABLE 15.18.020:
Land Use
Specialized research, development, manufacturing and wet
laboratories, where chemicals, drugs or biological matter are
tested and analyzed, typically requiring water, direct ventilation,
specialized piped utilities and protective measures. Approval of
a use permit shall require the following findings in addition to
those findings in sec. 15.74.040:
• "That the facility will provide design and procedural
safeguards such that its operation will not pose a danger to
life, property or other land uses in the vicinity.
• "That the facility will be compatible with other land uses in
the vicinity and will not have material adverse impacts on
persons or property in terms of noise, odors, vibration,
glare or other effects."
Storage facilities, personal, indoor, such as miniwarehouses
Welding, machine, milling and plating operations
Warehouses as an accessory use, when incidental to a
permitted use and occupying less than 30% of the floor area on
a site
Up to 80,000 sq/ft
Warehouses and distribution facilities
gross floor area
as a principal use, for storing or
shipping food, beverages, packages,
Over 80,000 sq/ft
merchandise or other items:
gross floor area
CT
CC
CN
PO
BP-1
BP-2
Town Center
Commercial
Community
Commercial
Neighborhood
Commercial
Professional
Office
Business
Park - 1
Business
Park - 2
NP
NP
NP
CAUP
CAUP
CAUP
NP
NP
NP
NP
NP
NP
NP
NP
C
NP
C
C
A
A
A
A
A
A
NP
NP
NP
NP
C
P
NP
NP
NP
NP
NP
C
AUP
AUP
AUP
AUP
AUP
AUP
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
ACCESSORY USES:
Caretaker residences as an accessory use (temporary or
permanent) subject to sec. 15.22.160
Fences and walls, subject to sec. 15.22.030
Patio covers, trellises and similar open structures, subject to
sec. 15.22.050
Incidental products or services for employees, patrons or
businesses located in the same building as the principal use,
such as cafeterias, retail shops under 1,000 sq/ft in gross floor
area and similar incidental uses.
Outdoor storage and display as an accessory use, subject to
sec. 15.22.120
Signs as an accessory use, subject to ch. 15.34
Parking facilities as an accessory use, subject to ch. 15.38
Lactation stations for breastfeeding as required by state and
federal law
Other accessory uses and structures which the Director
determines are customarily associated with and subordinate to
the principal use on the premises, are consistent with the
purpose and intent of the zoning district, and will not have a
material adverse effect on other properties
Ordinance
15
Agenda Item___________________
0043
TABLE 15.18.020:
Land Use
CT
CC
CN
PO
BP-1
BP-2
Town Center
Commercial
Community
Commercial
Neighborhood
Commercial
Professional
Office
Business
Park - 1
Business
Park - 2
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
NP
TUP
TUP
TEMPORARY USES:
Christmas tree sales
Construction trailers and guard offices
Halloween pumpkin sales
Outdoor markets, such as farmers’ markets, produce stands,
flea markets, and swap meets.
Professional film, video and still photography
Sidewalk sales and special shopping center events
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
NP
TUP
TUP
Regulated by chapter 11.05 of the Aliso Viejo
Municipal Code
OTHER USES:
Adult businesses, subject to ch. 4.254.12 (Adult Business
Regulations)
Amateur radio, satellite dish and video antennas
Other principal, conditional, accessory or temporary uses not
listed in this table
NP
C
NP
NP
NP
NP
If a use or structure is not listed as permitted, it is
prohibited unless specifically determined to be
permitted in accordance with sec.15.06.050.
Ordinance
16
Agenda Item___________________
0044
15.26.010
Purpose and Intent
A. Purpose of Districts. The purpose of each special purpose district is as
follows:
1. Community Facilities (CF) District. To provide for public, quasi-public, and
private community uses to serve the needs of residents, visitors, property
owners, and workers in the City. Examples of permitted land uses include
civic buildings, schools, hospitals, cultural venues, and similar uses.
2. Open Space Recreation (OR) District. To provide for a range of public and
private uses to meet the recreation needs of City residents and visitors. The
Recreation district permits a wide range of public and private passive and
active recreational uses. Recreation district land uses include outdoor athletic
facilities, public parks and similar uses.
3. Open Space Preservation (OS) District. To preserve and protect open space
areas for the purpose of passive recreation, visual enhancement and
resource conservation, and to protect the public health and safety by limiting
the use and development of land subject to flooding, landslides and other
hazards.
4. Specific Plan (SP) and Coastal Zone Overlay (CZ) Districts. As set out in
sections 15.26.040 and 15.26.050 respectively.
B. Supplemental Regulations.
1. Residential and Nonresidential. For the residential portions of the SP and CZ
districts, regulations governing fences and walls, accessory structures and
similar matters shall be as set out in chapter 15.14 (Supplemental Residential
Regulations). For the CF, OR and OS districts and the nonresidential portions
of the SP and CZ districts, such regulations shall be as set out in chapter
15.22 (Supplemental Nonresidential Regulations).Regulations governing
fences and walls, accessory structures and similar matters shall be as set out
in chapter 15.14 (Supplemental Residential Regulations) for the residential
portions of the SP and CZ districts. Such regulations shall be as set out in
chapter 15.22 (Supplemental Nonresidential Regulations) for the CF, OR and
OS districts and the nonresidential portions of the SP and CZ districts.
2. Exceptions Regarding Fences. Notwithstanding the preceding supplemental
regulations, the following exceptions regarding fences shall apply in the CF,
OR and OS districts:
a. Fence Height. Fences in setback areas may be up to a height of 20 feet.
Fences over 20 feet in height shall require approval of an exception permit
pursuant to section 15.74.070.
Ordinance
17
Agenda Item___________________
0045
b. Chain Link Fencing. Chain link fencing is permitted for playfields and
governmental facilities and is not subject to the prohibition of chain link
fencing in subsection 15.22.030(I) (Prohibited Fencing).
15.26.020
Permitted Uses in Special Purpose Districts
A. Development Permits Required. Table 15.26.020 in this section specifies
whether a use or structure is permitted within a zoning district. In most cases,
and/or other permits as set out in chapter 15.74.
B. Specific Plan and Coastal Zone Overlay Permitted Uses. Per sections
15.26.040 and 15.26.050, the permitted uses within the Specific Plan District shall be as
set out in the text and diagrams of the specific plan itself, and the permitted uses in the
Coastal Zone Overlay District shall be the same as those in the underlying base district.
Therefore, permitted uses for the Specific Plan and Coastal Zone Overlay Districts are
not included in Table 15.26.020.
C. Table of Permitted Uses. Table 15.26.020, following, specifies those uses and
structures which are permitted within special purpose districts. If a use or structure is
not listed as permitted, it is prohibited unless specifically determined to be permitted in
accordance with section 15.06.050. The letters in the columns beneath the district
designations mean the following:
permit is approved.
5. "TUP" - The use is permitted on a temporary basis if a temporary use permit
is approved.
6. “NP” - The use is not permitted in the district
TABLE 15.26.020:
PERMITTED USES IN SPECIAL PURPOSE DISTRICTS
LAND USE
PRINCIPAL USES:
1
Animal boarding and kennels
CF
OR
OS
Community
Facilities
Open Space
Recreation
Open Space
Preservation
C
NP
NP
P
C
C
C
C
C
P
NP
NP
NP
NP
NP
P
NP
NP
NP
NP
NP
1
Animal control, welfare and licensing requirements shall be pursuant to Title
6 of the Municipal Code.
Bicycle, equestrian and hiking trails
Cemeteries
Child day care centers and preschools
Churches, temples, other places of worship,
Clubs, lodges, union halls, and similar uses
Colleges and universities, public or private
Ordinance
18
Agenda Item___________________
0046
TABLE 15.26.020:
LAND USE
Community centers and senior citizen centers
Driving ranges, lighted or unlighted, subject to secs. 15.46.010
(Noise Standards) and 15.22.110 (Outdoor Lighting)
Electric substations
Farming, small-scale on land areas under 40 acres, including
individual plots, community-gardens and learning centers,
where vegetables, herbs and other crops are grown on a nonprofit basis, except as prohibited under state or federal law
(sec. 15.02.060)
Fire and police stations
Golf courses, subject to secs. 15.46.010 (Noise Standards)
and 15.22.110 (Outdoor Lighting)
Government and other public agency offices
Helicopter pads
Homeless and emergency shelters
Hospitals
Libraries and museums
Managed care facilities, including assisted living facilities and
convalescent homes
Mortuaries and funeral homes
Outdoor amphitheaters, public
Public parks and open space, passive, subject to secs.
15.46.010 (Noise Standards) and 15.22.110 (Outdoor
Lighting)
Public parks, playfields and open space, active, subject to
secs. 15.46.010 (Noise Standards) and 15.22.110 (Outdoor
Lighting)
Public parks designated as "dog parks" primarily for the use of
dogs and their owners, subject to secs. 15.46.010 (Noise
Standards) and 15.22.110 (Outdoor Lighting)
Public utility lines, boxes and transformers
Reservoirs and water tanks
Roller and ice rinks, indoor
Schools, private, with outdoor facilities, such as private
elementary and high schools (except preschools listed under
Group Care Uses)
Schools, private, without outdoor facilities, such as business,
vocational and professional
Schools, public
Skateboard, roller hockey, and stunt bike facilities, outdoor
Stations and terminals, train, bus and taxi
Swim schools
Tennis courts and other game courts, lighted or unlighted
subject to secs. 15.46.010 (Noise Standards) and 15.22.110
(Outdoor Lighting)
Transitional and supportive housing
CF
OR
OS
Community
Facilities
Open Space
Recreation
Open Space
Preservation
C
NP
NP
C
C
NP
C
NP
NP
C
C
C
P
P
NP
C
C
NP
P
C
C
C
P
P
NP
NP
NP
C
NP
NP
NP
NP
NP
C
NP
NP
C
P
NP
P
NP
C
P
P
P
P
P
C
C
C
C
P
C
C
P
NP
NP
P
NP
NP
C
NP
NP
C
NP
NP
P
C
C
C
NP
C
NP
NP
NP
NP
NP
NP
C
C
NP
C
NP
NP
Ordinance
19
Agenda Item___________________
0047
TABLE 15.26.020:
LAND USE
CF
OR
OS
Community
Facilities
Open Space
Recreation
Open Space
Preservation
AUP
AUP
AUP
A
A
A
A
NP
NP
A
A
A
A
C
A
C
A
C
AUP
NP
NP
C
C
NP
TUP
TUP
TUP
NP
TUP
NP
NP
TUP
NP
TUP
NP
NP
ACCESSORY USES AND STRUCTURES:
(Subject to chapter 15.22)
Caretaker residences as an accessory use (temporary or
permanent)
Fences and free-standing walls, subject to sec. 15.22.030
Incidental products or services for employees, patrons or
businesses located in the same building as the principal use,
such as cafeterias, retail shops under 1,000 sq/ft in gross floor
area and similar incidental uses. A conditional use permit will
be required if so indicated in this table.
Outdoor storage and display as an accessory use, subject to
sec. 15.22.120
Parking facilities as an accessory use, subject to Ch. 15.38
Public restrooms
Recycling collection centers, minor, as an accessory use,
such as dropoff bins
Swimming pools
Other accessory uses and structures which the Director
determines are customarily associated with and subordinate
to the principal use on the premises, are consistent with the
purpose and intent of the zoning district, and will not adversely
affect other properties
TEMPORARY USES:
Christmas tree sales
Construction trailers and guard offices
Halloween pumpkin sales
Outdoor markets, such as farmers’ markets, produce stands,
flea markets, and swap meets.
Professional film, video and still photography
Sidewalk sales and special shopping center events
TUP
TUP
TUP
NP
NP
NP
Regulated by chapter 11.05
of the Aliso Viejo Municipal
Code
OTHER USES:
Signs as an accessory use, subject to ch. 15.34
Signs as a principal use, subject to ch. 15.34
A
A
A
C
C
C
As provided in chapter
15.44
As provided in chapter
15.42
Amateur radio, satellite dish and video antennas
Ordinance
20
Agenda Item___________________
0048
15.26.030
Development Standards
A. Table of Development Standards. The following table sets out development
standards for special purpose districts.
B. Supplemental Regulations. Regulations governing fences and walls,
accessory structures and similar matters for zoning districts covered in this chapter shall
be as set out in chapter 15.22 (Supplemental Nonresidential Regulations).
TABLE 15.26.030:
DEVELOPMENT STANDARDS FOR SPECIAL PURPOSE DISTRICTS
DISTRICT
CF
OR
OS
Community
Facilities
Open Space
Recreation
Open Space
Preservation
HEIGHT AND FLOOR AREA RATIO:
Minimum Lot Size
No minimum
Maximum Structure Height (feet)
50
35
35
Maximum Floor Area Ratio (FAR)
0.6:1
0.5:1
n/a
MINIMUM PERIMETER SETBACKS IN FEET:
From any public street*
20
10
10
From interior streets within the same project*
10
10
10
From interior property lines within the same project
0
0
0
From adjacent parcels in residential districts
20
20
20
From adjacent commercial, office and other
nonresidential developments
10
10
10
*Setbacks from streets are measured from ultimate street
right-of-way line.
LANDSCAPING STANDARDS – FOR CF DISTRICT ONLY:
In addition to boundary landscaping,
2.5% of net project area within
parking areas and another 2.5%
within non-parking areas
 Adjacent to arterial highways:
minimum average depth of 15 ft.;
 Adjacent to non-arterial public
streets and any residential district:
minimum average depth of 10 ft.
Minimum 50% of landscaping must be
drought tolerant
Minimum Interior Landscaping:
Minimum Boundary Landscaping:
Drought Tolerance:
OTHER STANDARDS:
Fences and other accessory structures
See chapter 15.22 and
section15.26.010(B)
Screening
See section 15.22.080
Signs and Parking
See chapters 15.34 and 15.38
Ordinance
21
Agenda Item___________________
0049
Ordinance
22
Agenda Item___________________
0050
15.34.070
General Requirements
A. Permitted Permanent Signs. Permanent signs may be permitted pursuant to
the permit procedures set out in this chapter and shall be governed by the standards set
out for each category of sign. In addition to such standards, consideration shall be given
to building setbacks, landscaping, visibility of the sign on the site, and the proposed
sign’s relationship to the overall appearance of the property and to the surrounding
neighborhood. Compatible design, simplicity, and readability shall also be used as
guidelines for sign approval. In calculating the total number and square footage of signs
permitted, both commercial and noncommercial signs shall be counted.
B. Permission of Property Owner Required. No person shall erect or cause to be
erected any sign upon the property of another without the express written approval of
the owner of such property. All such signs shall comply with the size and square footage
limitations contained within this chapter and shall be removed promptly upon the
request of the property owner or occupant.
C. No Off-Premise Signs. All signs shall be located on the same premises as the
land use or activity identified by the sign unless expressly permitted to be off-premise in
this chapter or individually approved by the City Council under a sign exception permit
D. Rules on Sign Placement.
1. Signs and Rights-of-Way. Unless expressly permitted in this chapter or by
sign exception, free-standing signs shall not be located: (a) within, over, or
across a public right-of-way; (b) within 5 feet of a street right-of-way or (c)
within a corner cutoff area identified in section 15.14.130.
2. Safety and Traffic Flow. No sign shall be located in such a manner as to
obstruct free and clear vision and flow of pedestrian and vehicular traffic.
3. Utility Lines. No sign shall be located closer to overhead utility lines than the
distance prescribed by California law or by the rules promulgated by agencies
of the state or by the applicable public utility.
E. Electronic Signs. Electronic signs are permitted only where expressly allowed
in this chapter. Electronic signs may contain changeable copy but such copy shall be
limited to letters, numbers and logos only. Sign copy may be static or may scroll, crawl
or dissolve. However, in order to mitigate distractions to motorists, no electronic or other
sign may incorporate pictures, flashing copy, or animated visual effects.Electronic signs
may be erected where permitted in Table 15.34.140 or by a sign program, Electronic
signs may contain changeable copy but such copy shall be limited to letters, numbers
and logos only. In order to mitigate distractions to motorists, no electronic or other sign
may incorporate pictures, flashing copy, or animated visual effects.
Ordinance
23
Agenda Item___________________
0051
1. Projects Less than 100 Acres. For projects containing less than 100 acres,
sign copy shall be static; that is, copy shall not scroll, crawl, dissolve or
incorporate other movement.
2. Projects Over 100 Acres. For projects containing over 100 acres aggregate,
electronic sign copy may be static or may scroll, crawl or dissolve.
F. Accessory Signs. Accessory signs are prohibited except where expressly
permitted in this chapter.
G. Maintenance Required. All signs permitted pursuant to this chapter shall be
maintained in good repair, functioning properly, and free from all defects, including, but
not limited to, cracking, rusting, and peeling. Signs not so maintained shall be deemed a
public nuisance and may be abated pursuant to the applicable provisions of this Code.
H. Electrical Code and Exposed Conduits. All electrical signs shall be listed by
Underwriters Laboratories (UL) or other recognized testing agency and shall be installed
in accordance with the installation instructions and with the California Electrical Code
adopted by the City.
Ordinance
24
Agenda Item___________________
0052
15.34.080
Sign Permits
A. Sign Permit Required. A sign permit shall be required prior to the placement,
movement, erection, reconstruction, alteration or display of any sign permitted pursuant
to this chapter unless expressly exempted by this chapter. All signs, except where
expressly exempt, shall conform to the current California Building and Electrical Codes
as adopted by the City of Aliso Viejo.
B. Sign Permit Applications. Applications for sign permits shall be filed with the
Planning Department on forms prescribed by the Planning Director, together with: (1) all
maps, plans, documents and other materials required by the Director, and (2) all
required fees and deposits per chapter 15.90. The Director shall provide the necessary
forms plus written filing instructions specifying all application materials required to any
requesting person at no charge. Sign permits may be combined with associated building
or electrical permit forms.
C. Sign Permit Review. Sign Permits shall be reviewed administratively
ministerially by the Planning Director pursuant to section 15.70.030. However, the
Director may refer the permit application to the City Council for review if the Director
determines on a case-by-case basis that the public interest would be served by such
referral. Such referrals shall be made within 10 days of determination that the sign
permit application is complete pursuant to section 15.70.040. Actions by the Director
may be appealed pursuant to section 15.70.100.
Ordinance
25
Agenda Item___________________
0053
15.34.140
Permanent Signs in Nonresidential Districts
A. Permitted Signs. Signs identified in the following table are permitted in
nonresidential districts and in the nonresidential portions of specific plan and mixed use
developments subject to approval of a sign permit pursuant to section 15.34.080.
TABLE 15.34.140:
PERMANENT SIGNS IN NONRESIDENTIAL DISTRICTS REQUIRING A SIGN PERMIT
Sign Type and
Placement
Free-Standing
Project
Identification Signs
identifying a singletenant building or a
multi-tenant building
or complex
Maximum
Number
Per street frontage:
1 double-faced sign or
2 single-faced signs
with 1 on either side of
the project entry
Maximum
Area
40 sq/ft per sign
unless otherwise
provided in a sign
program
Max.
Illumination
Height
6 feet Individual
channel letters
or indirect
lighting unless
otherwise
provided in a
sign program
Building-Mounted
Building
Identification Signs
identifying a multitenant building of 3
stories or more
2 signs per building,
unless otherwise
provided in a sign
program
1 sq/ft per each
Top of
lineal foot of wall
building
frontage, up to a
wall
max. of 100 sq/ft per
building side
Building-Mounted  1 flush-mounted sign Flush-Mounted:
Top of
Business
per tenant frontage
 Area: 1 sq/ft per
building
Identification Signs along a street or a
each lineal foot of wall
identifying individual
parking lot;
wall frontage up to
tenants, businesses,
100 sq/ft aggregate
 1 under-canopy sign;
or other
per tenant; a min.
establishments
24 sq/ft is
Individual ID signs are
permitted
not permitted for
regardless of
tenants without direct
frontage.
exterior building access  Max. letter height:
unless otherwise
18 inches, unless
provided in a sign
otherwise provided
program.
in a sign program.
Under-Canopy:
 6 sq/ft
Additional
Requirements
A planned sign program is
required for multi-tenant
projects. Also, unless
otherwise provided in a
sign program:
 Projects must have at
least 100 feet of frontage
where the sign is to be
placed;
 Sign copy shall be
limited to one business,
center or major tenant
name;
 Each sign shall contain
the street address in
characters 5 to 7 in. high.
Individual
Each sign may identify
channel letters either the name of the
unless
building or a major tenant,
otherwise
but no tenant shall have
provided in a
over 100 sq/ft aggregate
sign program
of building-mounted
signage of all types
Individual
 A planned sign program
channel letters
is required for multiunless
tenant buildings and
otherwise
projects;
 Sign copy shall be
provided in a
limited to the business
sign program
name, logo, or generic
description of the activity
or business, such as
“barber shop” or
“hardware,” unless the
trade name, product, or
service is an integral part
of the fictitious or trademark name of the
business or and/or
service;
 Accessory signs may be
permitted within the
aggregate sign area.
Ordinance
26
Agenda Item___________________
0054
TABLE 15.34.140:
Sign Type and
Maximum
Placement
Number
Directory Signs for 1 per entrance to
multi-tenant bldgs building or complex
or complexes,
exterior buildingmounted or freestanding
Gas Station Signs  1 free-standing sign
building-mounted
per street frontage
and free-standing
combining business
identification and gas
prices
 Building-mounted
signs identifying
businesses on the
premises
Maximum
Area
20 sq/ft
Max.
Illumination
Height
Top of
Direct or
wall or 6 indirect
ft. if
freestanding
 40 sq/ft per sign
 6 feet
 24 sq/ft per sign
and an aggregate
of 100 sq/ft for all
building-mounted
signs
Additional
Requirements
Signs are to be designed
and oriented to direct
pedestrians and motorists
entering the building or
complex
 Individual
channel
letters or
electronic
lighting;
is required;
 No signs are permitted
on pump canopies;
 Accessory signs may be
permitted within the
aggregate sign area;
 Top of  Individual
channel
 See section 15.34.070
wall
letters unless
for limitations on
otherwise
electronic signs.
provided in a
sign program
 6 feet  Direct or
indirect
is required;
 1 free-standing
 40 sq/ft
identification sign per
street frontage
 1 building-mounted
 24 sq/ft plus 10
 Top of  Direct or
sign which may
electronic
for limitations on
sq/ft per screen or
wall
include an attraction
lighting
electronic signs.
stage, up to a
board
max. of 100 sq/ft
 Building-mounted
 10 sq/ft each
 Top of  Direct or
coming-attraction
indirect
wall
posters: 1 per screen
or stage
Signs for Civic
 If the use is in a multi-  24 sq/ft per sign
Top of
Activities, including
tenant building, the
unless otherwise
wall or 6 Unless
is required;
Religious Uses,
 For institutions with an
standards for
provided in a sign feet if
otherwise
aggregate area of over
Colleges,
Building-Mounted
program
freeprovided in a
100 acres, the freeElementary and
Business Identification
standing sign program,
Signs shall apply;
standing sign may
High Schools,
individual
include an attraction
otherwise:
Nonprofit Clubs,
channel letters
 Free-Standing Signs,
board;
Libraries, and
for ID signs,
per project entry: 2
Museums
and direct,
for limitations on
single-faced signs
indirect or
electronic signs.
with 1 on either side
electronic
of the project entry or
lighting for any
1 double-faced sign;
permitted
-- or -attraction
 Building-Mounted
board
Signs: 2 per use
Community announcement and community identification signs may be permitted subject to approval
of a planned sign program. If approved in the sign program, such signs may be off-premise and may
Community Signs
be permitted in the public right-of-way. In addition, community announcement signs may include
attraction boards. See section 15.34.070 for limitations on electronic signs.
Signs for Cinemas
and Live Theaters
Ordinance
27
Agenda Item___________________
0055
TABLE 15.34.140:
Sign Type and
Placement
Government
Facility Signs
Maximum
Number
Maximum
Area
Max.
Height
Illumination
Additional
Requirements
The same as allowed in table 15.34.150.
 Signs in residential districts requiring a permit: see section 15.34.150
 Temporary signs: see section 15.34.160
 Signs exempt from sign permit approval: see section 15.34.170
Ordinance
28
Agenda Item___________________
0056
15.38.020
Determination of Required Parking
A. Alternative Parking Standards. The number of parking spaces required for
each land use pursuant to sections 15.38.030 and 15.38.040 shall be provided unless
the City decision-making authority determines that an alternative standard is more
applicable pursuant to the procedures of sections 15.38.120 and 15.38.140, as
applicable.
B. Land Uses Not Listed. If no provisions for the required number of offstreet
parking spaces are set out in Tables 15.38.030 or 15.38.040 of this chapter, the
decision-making authority for the applicable use or project shall determine the number
of parking spaces required.
C. Increase in Required Spaces. The required number of parking spaces for a
use shall be increased in accordance with the parking ratios in this chapter if an existing
building is expanded or dwelling units or guest rooms are added, or if a use is
intensified by the addition of floor space or seating capacity or is changed to a use
requiring additional parking.
D. Fractional Parking Spaces. Whenever the computation of the number of offstreet parking spaces required by this chapter results in a fractional parking space, 1
additional parking space shall be required for one-half or more fractional parking space,
and any fractional space less than one-half of a parking space shall not be counted.
E. Electric Charging Stations. Spaces with provision for electric vehicle charging
shall be credited toward the offstreet parking requirements of this chapter.
Ordinance
29
Agenda Item___________________
0057
CHAPTER 15.62
DESIGN STANDARDS
Sections:
15.62.010
15.62.020
15.62.030
15.62.040
15.62.050
15.62.060
15.62.070
15.62.080
15.62.090
15.62.100
15.62.110
15.62.120
15.62.130
15.62.130
Purpose and Intent
Goal and Objectives
Use of Design Standards
Applicability of Design Standards
Design Review Procedures
Landscaping and Screening
Outdoor Lighting
Nonresidential Site Planning
Commercial Architecture
Office and Industrial Architecture
Residential Site Planning
Residential Architecture
High Density Residential Projects
High Density Residential Projects.
A.
Applicability. The supplemental standards in this section shall apply to all
residential projects of 18 or more dwelling units per gross acre, referred to collectively in
this section as "high density."
B.
Purpose. The design standards in this section for high density residential
projects are intended to supplement the overall design standards of this chapter. These
standards are to be utilized as criteria for approval or denial of site development permits
pursuant to section 15.74.020 for high density projects. A determination by the decisionmaking authority that a proposed project fails to conform to these standards shall
constitute grounds for denial of the project.
C.
Site Planning and Parking.
Formatted: Font: (Default) Arial
1. Clustering of Units.
Clustering
of
multifamily
units
shall
be
a
consistent
site
planning element.
Large projects shall
be broken up into
groups
of
structures. The use
of single “megastructures” shall be
avoided.
Ordinance
30
Agenda Item___________________
0058
2. Common Open Space. Required common open spaces should be
conveniently located for the majority of units. Private open spaces should be
near the units they serve, have direct access from the unit and be screened
from public view. Projects should have secure open spaces and children's
play areas that are visible from the units.
3. Dispersal of Parking. High density projects tend to require large parking
areas. If not properly designed, parking facilities can dominate the site and
open spaces may be relegated to leftover areas not related to the structures
or the people who live there. Whenever feasible, parking should be in
garages integrated into each residence. When this is not feasible, dispersed
parking courts and/or carport clusters of no more than 30 spaces each should
be provided.
4. Separation of Parking Courts. Parking courts should be separated from each
other by dwelling units or by a landscaped buffer not less than thirty feet wide.
5. Perimeter Parking and Access Drives. Project perimeters with long access
drives, parking lots and rows of carports along public streets should be
avoided.
D.
Architecture.
1. Building Articulation. Structures composed of a series of simple yet varied
planes assure compatibility and variety in overall building form. To the extent
possible, each of the units should be individually recognizable. This can be
accomplished with use of balconies, setbacks and projections to help
articulate individual dwelling units or collections of units, and by the pattern
and
rhythm
of
windows and doors.
Building
facades
should give the
appearance of a
collection of smaller
structures.
Long,
unbroken facades
and box-like forms
should be avoided.
2. Roof
Articulation.
Separations,
changes in plane
and height and the
inclusion of elements such as balconies, porches, arcades, dormers and
cross gables mitigate the barrack-like appearance of flat walls and roofs of
excessive length. Secondary hipped or gabled roofs covering the entire mass
Ordinance
31
Agenda Item___________________
0059
Formatted: Font: (Default) Arial
of a building should be used instead of mansard roofs or segments of pitched
roof applied at the structure's edge.
3. Dwelling Unit Entries. Use of long, outdoor corridors providing access to 5 or
more units should be avoided. Instead, entries to dwelling units should be
clustered in groups of four or less. Use of distinctive architectural elements
and materials to denote entrances is encouraged.
4. Solar Panels. Solar panels should be integrated into the roof design, flush
with the roof slope if feasible. Frames should be colored to match roof colors.
5. Utility Equipment. Utility meters and equipment should be screened via
screening walls and/or landscaping.
Ordinance
32
Agenda Item___________________
0060
15.70.030
Decision-Making Authority
A. Table Showing Decision-Making Authority. Table 15.70.030 of this section
identifies the decision-making authority for each of the various actions described in this
Code. A “PH”, "D" or “A” means that the official or body at the top of the column has
decision-making authority for the application. A "D" by itself means that no public
hearing is required. A “PH” means that a public hearing is required before action is
taken. An “A” means that the application is reviewed administratively by the Planning
Director without a public hearing unless another decision-making authority or process is
identified in this Code. An "M" means that the permit review is "ministerial." That is, the
action is taken using fixed standards, with little or no personal judgment or discretion
regarding approval or denial.
TABLE 15.70.030:
DECISION-MAKING AUTHORITY
R = Recommending body
D = Decision-making authority
PH = Public hearing required
A = Administrative review by Director
M = Ministerial review by Director
DECISION-MAKING AUTHORITY
Planning
City
Type of Application
Director
Council
Amendments, Agreements and Specific Plans
General Plan Amendment
D-PH
Zoning Code Amendment
D-PH
Zone Change
D-PH
Specific Plan
D-PH
Development Agreement
D-PH
Discretionary and Other Permits
Site Development Permit
A*
*
*The Director shall determine, on a case-by-case basis whether the public
interest would be better served by review of the project administratively or by
referral to the City Council and, if reviewed by the City Council, whether a
public hearing is required.
Coastal Development Permit
D
Conditional Use Permit
D
Variance Permit
D
Exception Permit
A
Administrative Use Permit
A
Temporary Use Permit
A
Sign Permit
AM
Sign Program
D
Review of Land Use not Listed
A
Second Dwelling Units and
M
Guest Houses
Permits in Specific Plan Areas Per each Specific Plan Text
Grading Permit
Per City Grading Code
Subdivisions
Per City Subdivision Code
Environmental Review
Per City's Environ. Review Procedures
Ordinance
33
Agenda Item___________________
0061
15.74.020
Site Development Permits
A. Purpose. The purpose of a site development permit is to ensure that new
development conforms to the development and design provisions of this Zoning Code,
including but not limited to permitted uses, development standards, and supplemental
regulations. For purposes of this Code, a permit approving site, architectural, landscape
and related development plans is included within the term “site development permit.”
B. Applicability and Exemptions. A site development permit is required for all
projects which involve building construction except the following:
1. Individual single family dwellings on existing single family lots and alterations
to single family dwellings or associated accessory structures, unless a site
development permit is otherwise required by an applicable condition of
approval.
2. Temporary uses which require a temporary use permit per section 15.74.050.
3. Minor modifications to an existing structure which the Director determines will
not result in a significant change in exterior appearance as viewed from a
street.
4. Accessory structures and building additions under 500 square feet in floor
area.
5. Minor modifications to existing land wherein the grading quantity is less than
5,000 cubic yards.
The preceding exemptions shall be subject to administrative review by the
Director. The Director shall determine if the application meets the numerical and
other standards of this Code and shall approve or deny accordingly either
ministerially or administratively, as determined by the Director. However, the
Director may refer the application to the City Council for review as a site
development permit if the Director determines on a case-by-case basis that the
public interest would be served by such referral
C. Lighting Plans. The application shall include a lighting plan identifying the
type, location and height of proposed lighting fixtures, with an associated photometric
analysis showing lighting illumination levels and spillover. The lighting plan shall
conform to the provisions of Appendix "A" of this Code and shall be reviewed and
approved by the Planning Director and the Police Services Department prior to issuance
of a building permit.
D. Required Findings. The following findings shall be made by the decisionmaking authority prior to the approval of any site development permit:
Ordinance
34
Agenda Item___________________
0062
1. Consistency with General Plan. The project is consistent with the General
Plan and any applicable specific plan.
2. Consistency with Zoning Code. The land use and associated development
conform to the permitted use provisions and development standards of this
Zoning Code and is consistent with this Code and any applicable specific
plan.
3. Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
4. Architectural Design. The architectural design of the project, including but not
limited to the architectural style, scale, building mass, materials, colors,
architectural details, roof style are compatible with surrounding development.
5. Site Design. The site design of the project, including but not limited to project
entries, interior circulation, pedestrian and bicycle access, pedestrian
amenities, screening of equipment and trash enclosures, exterior lighting, and
other site design elements are compatible with surrounding development.
6. Landscape Design. Project landscaping, including but not limited to the
location, type, size, color, texture, and coverage of plant materials, has been
designed so as to provide visual relief, complement buildings, visually
emphasize prominent design elements and vistas, screen undesirable views,
provide a harmonious transition between adjacent land uses and between
development and open space, and provide an overall unifying influence to
enhance the visual continuity of the project.
E. Conditions of Approval. If a site development permit is approved, conditions
may be placed on the permit to ensure that the intent of the approval is achieved and/or
to mitigate or eliminate adverse impacts on surrounding properties, residents,
businesses or the general public.
F. Permit as Precise Development Plan. Upon approval, a site development
permit constitutes a precise development plan for a project. Therefore, all development
authorized under a site development permit and any land uses associated with the
development shall be in compliance with the plans, specifications, and conditions of
approval shown on and/or attached to the approved permit.
G. Modifications. Modifications to site development permits shall be processed
H. Expiration and Time Extensions. Provisions for expiration of and time
extensions for site development permits are as set out in section 15.74.100.
Ordinance
35
Agenda Item___________________
0063
I. Staff Certification of Construction Documents. Prior to issuance of a building
permit, the Director shall certify that final construction documents conform to preliminary
plans (schematic elevations, preliminary site and landscape plans, etc.) approved as
part of the site development permit.
Ordinance
36
Agenda Item___________________
0064
•
In section 15.94.020, the following definition is hereby added:
"Ministerial Action. An action taken using fixed standards with little or no
personal judgment or discretion regarding approval or denial."
•
In Appendix A (Requirements for Crime Prevention through Environmental
Design (CPTED)), section G is hereby amended to read as follows:
G. Nonresidential Address Numbers. Nonresidential buildings shall display
a street address number conforming to the following specifications:
1. Numerals shall be located where they are clearly visible from
the street on which they are addressed. They shall be of a color
contrasting to the background to which they are affixed. Method
of attachment shall not include the use of 2-sided tape or any
material not resistant to weather conditions.
2. Numerals shall be 6 to 8 inches in height, if located less than
100 feet from the center line of the addressed street or 12
inches in height if placed further than 100 feet from the center
line of the addressed street.Numerals shall be 6 to 8 inches in
height if located less than 100 feet from the centerline of the
addressed street or 18 to 24 inches in height if located further
than 100 feet from the centerline. The numerals shall be
illuminated during the hours of darkness using a light source
provided with an uninterruptible A.C. power source or controlled
by a photocell device.
3. The rear doors of all buildings shall have address numbers 6 to
8 inches in height which shall be of a color contrasting to the
background to which they are affixed.
4. Buildings with a flat roof and with a total square footage of at
least 10,000 square feet shall have rooftop numbers placed
parallel to the addressed street, screened from public view and
only visible from the air. The numerals are to be a non-reflective
color that contrasts with the color of the roof, block lettered and
constructed of weather-resistant, non-reflective and nonilluminated material. If the letters are painted on, only oil-based
paint shall be used. Address numbers are to be a minimum of 4
feet in height and 18 inches wide. The numbers shall be spaced
at least 12 inches apart. When more than one street address is
assigned to a building, the beginning and ending address
numbers are to be placed on the rooftop, at opposite ends of the
building, reflecting the approximate location of the buildings
addressed.
Ordinance
37
Agenda Item___________________
0065
ATTACHMENT 2:
AMENDED RESIDENTIAL DESIGN STANDARDS
(New High Density Standards at End)
0066
Residential Design Standards
Page 1
Formatted: Not Different first page header
15.62.110
Residential Site Planning
A. Access and Circulation.
1. Alternate Access Routes. Whenever feasible, as determined by the decisionmaking authority, more than one access should be provided to residential
projects in order to ensure safe emergency access into and out of a
neighborhood and to provide alternate routes for drivers and pedestrians.
2. Connections to Existing Streets. Street systems for new neighborhoods
should connect to existing abutting streets and to nearby parks, community
centers, and shopping areas. However, these connections shall be configured
so that nonlocal traffic through neighborhoods is discouraged.
3. Circulation System to be User-Friendly. Residential developments shall have
a comprehensible circulation system that can be readily understood by
residents and visitors alike. Safe and convenient automobile, pedestrian, and
bicycle circulation shall be provided both to and within all such developments.
4. Project Identification. Identification signs shall be provided for all residential
projects. Such signs shall conform to the limitations on size, height, and
placement set out in chapter 15.34. The project name shall be approved by
the decision-making authority in order to ensure appropriateness, aid in
identification for emergency services and to avoid duplication with other
projects in the City.
5. Project Entry Location. Project entries shall be located as far as possible from
intersections in order to minimize congestion and conflicts. Full curb return
street-intersection-type entries shall be used for multiple-family projects
instead of dustpan-type driveways.
6. Project Entry Design. Major entries shall be designed as special statements
reflective of the character of the project in order to establish identity for
residents and visitors. Entry landscape treatment shall be in accordance with
the landscape standards of section 15.62.060.
7. Gate-Guarded Entries. Gate-guarded entries shall be regulated in accordance
with City regulations governing gate-guarded neighborhoods as set out in
section 15.14.200.
8. Bus Stops. Where transit or school bus stops are located on a project's
arterial frontage, provision should be made for buses to stop out of the flow of
traffic. Therefore, bus stop turnouts should be incorporated into the design of
site and street improvement plans. Standards of the Orange County
Agenda Item___________________
0067
Page 2
Transportation Authority and the Capistrano Unified School District should be
taken into consideration in the design of such turnouts.
B. Streets. Streets should be gently curving in order to conform to the
topography and provide visual relief. Long straight streets should be avoided.
C. Off-Street Parking Bays. If on-street parking is not permitted, offstreet visitor
parking bays shall be provided in accordance with the ratios set out in section 15.38.030
(Residential Parking Requirements). These bays should be buffered from the street
and/or adjacent driveways by substantial landscape planting.
D. Screening of Equipment and Facilities. Screening of equipment and facilities
for residential projects shall conform to the provisions of section 15.62.080.
E. Outdoor Lighting. Outdoor lighting in residential districts shall conform to the
provisions of section 15.62.070.
F. Pedestrian Circulation.
1. Pedestrian Access. Project designs often wall off residents from otherwise
convenient uses that are within comfortable walking distance by project
fencing or landscape planting. For this reason, desirable routes for
pedestrians should be anticipated and incorporated into the original project
design. Consideration should be given to direct and convenient routes for
pedestrians that may be needed apart from the local street system. Where
feasible, landscaped pathways, stairways, and sidewalks should connect to
important locations within a neighborhood, such as parks or community pools.
They should also connect to other desired destinations just outside the
neighborhood such as the supermarket, post office, or elementary school.
2. Sidewalk Requirements. Sidewalks should normally be constructed on both
sides of residential streets and integrated into the street landscape design.
The decision-making authority may approve the elimination of sidewalks from
one or both sides where it determines that alternate pedestrian pathways
have been provided or that sidewalks would serve no useful purpose.
3. Sidewalk Placement. On local streets, sidewalks may be placed adjacent to
the curb. However, on arterials sidewalks should be set back away from the
curb by a landscaped parkway to create a more comfortable buffer between
pedestrians and automobiles (see also section 15.62.060 re frontage
landscaping).
Agenda Item___________________
0068
Page 3
4. Pedestrian-Friendly Walkways. Walkway layout shall anticipate pedestrians'
desired movements
and shall provide
direct
routes
for
them. For example,
walkways
should
allow pedestrians to
cut the corner to
change
direction
without wearing an
ad hoc pathway over
adjacent grass or
groundcover. Also,
meandering
sidewalks
or
walkways
should
contain only shallow
curves
to
avoid
frustrating
pedestrians with unnecessary detours.
5. Walkway Treatment. Walkways shall be easily identified and well-lighted by
means of pedestrian-scale fixtures, such as vandal-resistant bollard lights.
Also, where textured paving is used, it shall not be so rough or irregular as to
make walking difficult, especially in high heels, or discourage the use of baby
strollers or wheelchairs.
G. Bikeways and Equestrian Trails. Bikeways and equestrian/hiking trails should
be provided in conjunction with each residential project in accordance with this Code
and other applicable plans and ordinances. Where an off-road bikeway is adjacent to a
street, it should be a dual-purpose bikeway/sidewalk unless the decision-making
authority determines that bicycle and pedestrian traffic densities warrant the
construction of separate bikeways and sidewalks. Also, on arterial street frontages,
bikeways and equestrian/hiking trails should be placed within the landscaped parkway
rather than adjacent to the curb so that there is a landscaped buffer on both sides of the
bikeway or trail.
H. Parks and Open Space.
1. Common Open Space and Recreation Facilities. Common open space and
recreational facilities serve the social and recreational needs of the local
residents and help make each neighborhood unique. Therefore, in addition to
public parkland contributions, residential projects shall provide usable
common open space pursuant to section 15.10.030 (Residential Development
Standards) and 15.62.060 (Landscaping and Screening).
Agenda Item___________________
0069
Page 4
2. Design and Location of Common Facilities. The City places a high value on
the provision of usable open space and recreation facilities, both public and
private. Such usable open space shall be carefully landscaped and flat
enough to accommodate both passive and active recreation. Active recreation
facilities included within common areas may consist of swimming pools, spas,
cabanas, tennis or other game courts, tot lots, free play areas, game rooms,
and similar facilities. Common open space and recreation facilities should be:
a. Located in special places in order to create neighborhood focal points;
b. Accessible from all residences via the project's own pedestrian circulation
system;
c. Situated to take advantage of solar orientation; and
d. Screened from prevailing winds and noise from adjacent streets and land
uses.
3. Views of Open Areas. Residential projects shall be planned to maximize the
feeling of common open space areas within the development. Design
methods to achieve this include curving streets and the alignment of a sharply
curving or right-angled street toward open areas and views.
4. Individual Dwelling Unit Open Space. Residential projects shall provide
usable private open space exclusive to each dwelling unit. This space may
consist of a yard, patio, deck, or, in the case of multistory projects, a balcony.
Private open space must be directly accessible from the individual dwelling
and shall be at least partially screened from other nearby units.
I. Trash Enclosures. Residential trash enclosures shall conform to the same
provisions as for nonresidential trash enclosures set out in section 15.62.080.
15.62.120
Residential Architecture.
A. Architectural Style and Harmony.
1. Architectural Style. Although the City contains many residential styles, the
predominant styles are ranch, modern, and Mediterranean. While these
architectural standards seek to incorporate the strongest elements of those
styles, such as the blending of indoor and outdoor spaces, they do not insist
on rigid adherence to them or to any other particular style. To do so could
create a community which soon would become visually dated or one with a
repetitious and monotonous appearance. Rather, our objective is to promote
both visual diversity and compatibility in new residential development. This
will be achieved through architectural innovation and the use of the design
principles contained in this Section.
2. Compatibility with Existing Development. As in the case of commercial
development, proposed residential projects will be judged on how they
Agenda Item___________________
0070
Page 5
respect their natural and manmade settings. That is, projects shall be
architecturally distinctive yet in harmony with the surrounding natural and
manmade environments as set out in section 15.62.090. Thus, though new
projects need not imitate the design of surrounding buildings, they
nevertheless shall be visually compatible with that development. This
compatibility can be achieved by incorporating some of the design features of
existing development such as materials; colors; architectural details, such as
door and window design; roof design, etc.
3. Compatibility with Natural Setting. The natural setting shall also be respected
in the design of new projects. Colors, materials, and styles which harmonize
with the natural setting shall be used.
B. Building Mass and Form.
1. Building Mass and Corner Lots. Exterior mass and form can be arranged to
improve the visual impact of residential buildings on corner lots. Thus,
buildings on street corners should be either single-story or should have a
significant single-story element on the exterior (street) side of the building.
2. Adjacent One- and Two-Story Buildings. Variety and interest can be achieved
within an residential project by varying building heights. This can be done by
utilizing both one- and two-story buildings. To provide a harmonious visual
relationship between adjacent one- and two-story buildings, however, it is
desirable to introduce an intermediate transition between them. This transition
can be accomplished by:
a. The introduction of a composite one- and two-story unit between the two
buildings; or
b. The use of a single-story element as part of the two-story building on the
side next to the one-story building.
3. Mixed-Height Elements in Residential Buildings. By including single-story
units or elements in a two-story building, the apparent building size can be
reduced. When the single-story portion is an end unit, the visual impact of the
building is reduced both at the nearby pedestrian distance and from further
away. Alternately, reducing the height of an interior unit helps to visually
break the buildings mass into smaller elements.
C. Building Elevations.
1. Articulation. Articulation, the creation of jogs and insets in building walls, adds
interest, richness, and intricacy to all buildings. In addition, these changes in
plane and height and the use of such design features as porches, bay
windows, dormers, and chimneys serve to break up blank walls and avoid the
Agenda Item___________________
0071
Page 6
Arow-of-boxes@ appearance of many residential projects. Therefore, highly
articulated residential buildings are strongly encouraged.
2. Side and Rear Elevations. Because of high land costs and other factors,
permissible building envelopes are often totally filled up in order to achieve
the maximum yield. This practice often results in monotonous flat-planed side
and rear elevations. This problem may be avoided by stepping down twostory residential buildings to one-story units on the ends and/or providing wall
articulation on the sides and rear of buildings comparable to that on the front.
This is especially important on hillside, corner, and through lots where the
side and rear elevations are directly visible from a street or from residences
above or below.
3. Light and Shadow. The effect of sunlight on a building and the resulting play
of light and shadow over its surfaces determine how a building is experienced
by the viewer. Because of this, significant recesses are encouraged for
buildings. These can be created by means of substantial door and window
reveals, eave overhangs, and wall offsets. The resulting strong shadow lines
will give the building a feeling of both depth and substance.
4. Creation of Shade. In consideration of the City's warm, dry climate, homes
shall be designed to provide ample shade for outdoor spaces, entries, and
windows. This can be achieved by the use of trellises, verandas, awnings,
wide eave overhangs, and the combination of careful site planning and
building insets, i.e., the two working together so that the building walls
themselves provide afternoon shade for outdoor living areas.
5. Entries.
Entries,
whether on the side
or front, shall be
designated as a focal
point of the elevation
and
shall
be
immediately
identifiable to the
viewer. Entries shall
be
inviting
in
appearance
and
covered or inset to
provide
weather
protection.
Entries
shall also be given
varying
design
treatments
to
establish individuality and identity for each residential unit.
Agenda Item___________________
0072
Page 7
6. Wall Materials. Wood, stucco, stone, or brick are encouraged, while metal
siding is discouraged. For wood, smooth, resawn, or rough sawn finishes may
be used. For stucco, smooth, light sand, and light lace finishes may be used.
Brick and stone finishes should be left natural.
7. Wall Colors. For wood or stucco, bright colors such as orange or bright white,
or intense primary colors such as scarlet red should not be used. In general,
pastels, such as off-white or light gray, or light earthtone colors, such as tan
or beige, are encouraged for wood or stucco. Brick and stone should be left in
its natural color.
D. Roofs.
1. Form. Roofs are highly visible in any residential project, especially in the City
of Aliso Viejo because of its hilly topography and the prevalence of views from
uphill
areas.
Viewed from the
street, roofs are
as powerful as
front elevations
in
determining
the visual quality
of
the
streetscape. A
harmonious
diversity of roof
forms can add
variety
and
interest to a
residential
street, while roof
uniformity can create monotony and lack of street identity. Therefore, roof
forms should be varied along each street. One method of doing this is to
create different hip and gable-end roof treatments for the same floor plan in
production residential projects. Visual interest can be further achieved by
varying the rooftop ridges so that some are perpendicular and some are
parallel to the street.
2. Type. Pitched roofs, either gable, shed, or hip are encouraged. Shallow
pitches should be used where it is necessary to de-emphasize the apparent
building mass. Flat roofs are discouraged because they tend to produce a
bland, uninteresting streetscape and do not contribute to an overall sense of
quality. However, when flat roofs are used, they shall not cover more than 50
percent of the building's footprint and there shall be a screening parapet
topped with a coping, cornice, or, if determined appropriate to the project's
style by the decision-making authority, a modified mansard.
Agenda Item___________________
0073
Page 8
3. Materials.
a. Clay or concrete tile or similarly appearing fire-resistant tile is encouraged.
b. Composition shingles may be used only on roofs that the decision-making
authority determines have little or no visibility from off-site.
c. Composition sheet materials shall be limited to flat roofs only.
d. Wood shakes or other wood materials shall not be used.
1. Spanish Tile. For Spanish tile, two-piece clay or concrete barrel tile should
generally be used. However, one-piece AS@ tile may be used when the
decision-making authority determines that such tile is compatible with the
overall building style, e.g. AS@ tile is not compatible with traditional Spanish
styles but may be so with more contemporary styles. For both tile types, tile
should generally be a mixture of lighter and darker colors, producing the
appearance of natural variation.
4. Colors. A variety of roof colors may be used within an residential project to
enhance diversity of roof appearance. Colors should generally be neutral,
dark, or earthtone shades (e.g., tans, browns, terra cotta, light gray, charcoal
gray) and should complement wall and fascia colors. However, intense colors
which might, in the judgment of the decision-making authority, overwhelm the
facade or the streetscape should not be used. Examples of such colors
include bright white, orange, ceramic blue, etc.
5. Screening of Roof Equipment. Roof-mounted equipment (e.g. air conditioning,
heating, ventilation, and associated vents and exhausts) on multifamily
buildings shall be screened from a horizontal line of sight pursuant to section
15.62.080.
6. Antennas. Wireless communications, television, dish, amateur radio, and
other antennas shall comply with the provisions of chapters 15.42 and 15.44.
E. Doors, Windows, and Trim.
1. Doors and Windows. Deeply recessed doors and windows are encouraged to
provide shadow lines and wall relief. All door and window surrounds must be
wide enough to match the scale and architectural style of the building.
2. Trim Materials and Colors. Both wood and stucco trim is encouraged for
doors and windows. All wood fascia boards, window and door surrounds, and
other trim material should be 2x or greater. Smooth, resawn, or rough sawn
finishes may be used. Unfinished silver aluminum window frames without trim
should not be used on elevations visible from the street. Trim colors should
be chosen to complement the wall and roof colors.
Agenda Item___________________
0074
Page 9
3. Glass. Clear or tinted glass may be used in windows and doors. Mirrors or
other highly-reflective glass should not be used.
4. Awnings. Fabric awnings may be used to provide window shade and colorful
accents if consistent with the architectural character of the building and if
awning colors are carefully chosen to complement wall and roof appearance.
Metal or other materials may be considered if determined consistent with the
building's architecture and materials by the decision-making authority.
F. Garages and Carports.
1. Purpose. In today's auto-oriented society, substantial space must be given
over to the storage of automobiles. In residential areas, this means garages
and carports with access onto local streets. It also means garage doors or
parked cars which tend to dominate the streetscape. The purpose of this
Subsection is to offer design features to lessen this dominance and mitigate
the attendant visual monotony.
2. Low-Density Projects. In lower density projects, such as single family, duplex
and townhouse developments, garages and garage doors are often the most
visible architectural feature on the street. Therefore, it is important to avoid
the appearance of an unbroken line of garage doors with dwelling units
attached as an afterthought. Some or all of the following techniques shall be
used to do this:
a. Create a variety of floor plans with different garage orientations and
setbacks, including some turn-in garages with garage doors perpendicular
to the street.
b. Recess garage doors deeply into the front wall in order to create strong
shadow lines and visual relief.
c. Utilize a variety of garage door colors.
d. Add trim moldings onto the door, especially over plywood joints, to break
up the otherwise blank expanse and add visual interest.
e. Provide sectional rollup doors to maximize the usable driveway length for
parking.
f. Incorporate windows into garage doors to add interest and quality.
G. Accessory Elements.
1. Balconies and Patios. In consideration of southern California lifestyles,
residential units in the City should provide strong indoor-outdoor relationships.
Therefore, extensions of the indoor living area such as balconies, patios, and
decks shall be designed into home plans. It is important to ensure that
building floor plans allow space for the later addition of patio covers within the
permitted setbacks.
Agenda Item___________________
0075
Page 10
2. Patio Covers. Patio covers, trellises, pergolas and other exterior structures
should reflect the character, color and materials of the building to which they
are related.
3. Mailboxes. Projects should provide mailboxes for the residences as part of
their design details. Individual mailboxes, mailbox clusters, and group mailbox
structures should reflect the architectural detailing of the residences or the
project's overall streetscape theme. Mailbox locations should minimize visual
impacts while providing easy accessibility.
15.62.130
High Density Residential Projects.
A.
Applicability. The supplemental standards in this section shall apply to all
residential projects of 18 dwelling units or more per gross acre, referred to collectively in
this section as "high density."
B.
Purpose. The design standards in this section for high density residential
projects are intended to supplement the overall design standards of this chapter. These
standards are to be utilized as criteria for approval or denial of site development permits
pursuant to section 15.74.020 for high density projects. A determination by the decisionmaking authority that a proposed project fails to conform to these standards shall
constitute grounds for denial of the project.
C.
Site Planning and Parking.
1. Clustering of Units. Clustering of multifamily units shall be a consistent site
planning element. Large projects shall be broken up into groups of structures.
The use of single “mega-structures” shall be avoided.
2. Common Open Space. Required common open spaces should be
conveniently
located
for
the
majority of units.
Private
open
spaces should be
near the units they
serve, have direct
access from the unit
and be screened
from public view.
Projects
should
have secure open
spaces
and
children's
play
areas
that
are
visible from the
Agenda Item___________________
0076
Formatted: Font:
Page 11
units.
3. Dispersal of Parking. High density projects tend to require large parking
areas. If not properly designed, parking facilities can dominate the site and
open spaces may be relegated to leftover areas not related to the structures
or the people who live there. Whenever feasible, parking should be in
garages integrated into each residence. When this is not feasible, dispersed
parking courts and/or carport clusters of no more than 30 spaces each should
be provided.
4. Separation of Parking Courts. Parking courts should be separated from each
other by dwelling units or by a landscaped buffer not less than thirty feet wide.
5. Perimeter Parking and Access Drives. Project perimeters with long access
drives, parking lots and rows of carports along public streets should be
avoided.
D.
Architecture.
1. Building Articulation. Structures composed of a series of simple yet varied
planes assure compatibility and variety in overall building form. To the extent
possible, each of the units should be individually recognizable. This can be
accomplished with use of balconies, setbacks and projections to help
articulate individual dwelling units or collections of units, and by the pattern
and
rhythm
of
windows and doors.
Building
facades
should give the
appearance of a
collection of smaller
structures.
Long,
unbroken facades
and box-like forms
should be avoided.
2. Roof
Articulation.
Separations,
changes in plane
and height and the
inclusion of elements such as balconies, porches, arcades, dormers and
cross gables mitigate the barrack-like appearance of flat walls and roofs of
excessive length. Secondary hipped or gabled roofs covering the entire mass
of a building should be used instead of mansard roofs or segments of pitched
roof applied at the structure's edge.
Agenda Item___________________
0077
Formatted: Font:
Page 12
3. Dwelling Unit Entries. Use of long, outdoor corridors providing access to 5 or
more units should be avoided. Instead, entries to dwelling units should be
clustered in groups of four or less. Use of distinctive architectural elements
and materials to denote entrances is encouraged.
4. Solar Panels. Solar panels should be integrated into the roof design, flush
with the roof slope if feasible. Frames should be colored to match roof colors.
5. Utility Equipment. Utility meters and equipment should be screened via
screening walls and/or landscaping.
Agenda Item___________________
0078
City of Aliso Viejo
City Council
Agenda Item 6
DATE:
October 3, 2012
TO:
FROM:
Albert Armijo, Director of Planning Services
Erica Roess, Senior Planner
SUBJECT:
AFFORDABLE HOUSING STATUS UPDATE
Recommended Action
Receive and file staff report regarding status of affordable units and in-lieu fees
collected within the Glenwood at Aliso Viejo, Vantis, and Ventana Ridge developments.
Discussion
The City has successfully secured provision of fifty-one (51) affordable units pursuant to
the two (2) Development Agreements executed between the City and respective
Owners for the Glenwood at Aliso Viejo and Vantis developments. A total of
$411,708.46 have been collected in in-lieu funds pursuant to the Ventana Ridge
Development Agreement in addition to the Glenwood at Aliso Viejo and Vantis
developments.
Glenwood at Aliso Viejo
According to the Glenwood Development Agreement and Affordable Housing
Implementation Program (AHIP) that was negotiated in 2004 between the City and the
Owner (Shea Homes, as successor to Aliso Viejo Golf Club Joint Venture and Aliso
Viejo Commercial Property Joint Venture), a total of forty-three (43) low-income
affordable housing units are required to be constructed. The forty-three (43) low-income
units are located within “Harbor Station,” which includes a total of one hundred eightyfour (184) condominium units, and from the outside appear no different from the other
units. In addition to building the units onsite, Shea Homes is required to pay an
affordable housing in-lieu fee of $174,900 for not constructing twenty-two (22) very-low
income units.
In the Glenwood at Aliso Viejo development, a total of thirty-six (36) affordable units
have been completed to date and a total of $163,470.46 in in-lieu payments have been
made. Of the thirty-six (36) completed affordable units, thirty-five (35) are occupied with
6-1
0079
Affordable Housing Status Update
CC 10.3.12
Page 2
documents currently being executed for the 36th affordable unit. In 2011, one of the
affordable units was sold to the first “second owner,” and in 2012, there are two other
affordable units that are in the process of being sold to a second owner. Both of these
units have two bedrooms, with the current 2012 sales price of $171,000.
Of the thirty-six (36) units, ten (10) have one (1) bedroom and twenty-six (26) have two
(2) bedrooms. The following is a breakdown of family size within the one bedroom and
two bedroom Glenwood units:
Family Size
One Bedroom Units
7
3
N/A
N/A
Family Size
Two Bedroom Units
12
5
7
2
1 Person
2 Persons
3 Persons
4 Persons
1 Person
2 Persons
3 Persons
4 Persons
Building permits have been issued for the remaining seven (7) units and are in varying
stages of construction. Upon staff’s last contact with the Owner, applicants/buyers are
lined up for the remaining seven (7) units, including one (1) one bedroom unit and six
(6) two bedroom units. To qualify in 2012 for one of these units, pursuant to Section
6932 of Title 25 of the California Code of Regulations, an applicant in Orange County
would need to be below the following income limits:
2012 Income
Limits
Lower IncomeMaximum
Allowable
Gross Income
1 person
household
2 person
household
3 person
household
4 person
household
5 person
household
$53,950
$61,650
$69,350
$77,050
$83,250
The minimum income required for the loan needs to be at least $40,000 - $45,000/ year
and largely depends on down payment, debt-to-income ratios, and sales price. The
maximum down payment is 20% of the sales price and the minimum is 5%.
Vantis
According to the Vantis Development Agreement and AHIP between the City and the
Owner (Shea Properties LLC, Shea Homes Limited Partnership, Shea Homes Vantis,
Inc., Vantis, LLC., and Vantis I, LLC) that was negotiated in 2005, a total of thirty-five
(35) low-income housing units are to be constructed on the Vantis property. In addition
to building the units, the Owner is required to pay the City an affordable housing in-lieu
fee of $143,100 for electing not to build eighteen (18) very-low income units.
6-2
0080
CC 10.3.12
Page 3
To date, the Owner has paid $71,550.00 and completed a total of fifteen (15) affordable
units within the 266-unit “Lattitudes” condominium development. All fifteen (15) of the
current affordable units are occupied, with the last of the fifteen (15) units being
completed in November 2011. Of the fifteen (15) units, eight (8) have one (1) bedroom
and seven (7) have two (2) bedrooms. The following is a breakdown of family size within
the one bedroom and two bedroom Vantis units:
Family Size
One Bedroom Units
8
N/A
N/A
N/A
Family Size
Two Bedroom Units
5
1
1
N/A
1 Person
2 Persons
3 Persons
4 Persons
1 Person
2 Persons
3 Persons
4 Persons
The remaining twenty (20) one-bedroom affordable units are designated in the AHIP
exhibit to be within the proposed 102-unit Podium development. The entitlements for the
102-unit Podium development have expired, however staff anticipates receiving a
revised exhibit of where the remaining twenty (20) affordable units will be located as
part of the current application to amend the General Plan and Vantis Specific Plan.
Ventana Ridge
Per the Ventana Ridge Development Agreement, the Owner, BMR Development, LLC,
elected to pay an in-lieu fee in the amount of $14,724 for each of the currently
constructed twelve (12) single-family units for a total of $176,688.00 rather than
constructing affordable units onsite.
Conclusion
In conclusion, a total of fifty-one (51) affordable units have been constructed and
completed in Aliso Viejo since 2009 and a total of $411,708.46 have been collected in
in-lieu funds pursuant to the three (3) Development Agreements executed between the
City and the respective Owners for the Glenwood at Aliso Viejo, Vantis, and Ventana
Ridge developments. This translates into fifty-one (51) individuals and families currently
being assisted by the City, with another twenty-seven (27) being assisted in the near
future with the construction of the remaining affordable units. Furthermore, the City is in
the process of updating its Housing Element of the General Plan which includes
programs and policies for implementation of the in-lieu fees for the purpose of creating
more affordable housing opportunities.
6-3
0081
CC 10.3.12
Page 4
Prepared by:
Reviewed by:
___________________________
Erica Roess
Senior Planner
____________________________
Albert Armijo
Director of Planning Services
___________________________
Mark A. Pulone
City Manager
6-4
0082

A G E N D A - City of Aliso Viejo

Transcription

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