Aliso Viejo Municipal Code Ch. 15.18 Nonresidential Districts

A. Purpose and Intent. The purpose and intent of the nonresidential zoning districts is to provide for a range of business and commercial land uses to support the needs of residents, visitors and the city’s workforce consistent with the plans and policies of the general plan land use and other elements.

B. Nonresidential Districts. The purpose of each nonresidential district is as follows:

1. Town Center Commercial (CT) District. To provide for large-scale community and regional-serving commercial uses located in the city’s town center consistent with the general plan commercial town center designation. The Aliso Viejo town center is a mixed use center intended to function as the community’s urban core, central business district and community shopping area. Examples of permitted uses include community retail and commercial services, offices, theaters, art galleries and entertainment facilities, hotels/motels and restaurants, and recreation and community facilities.

2. Community Commercial (CC) District. To provide for general commercial uses consistent with the general plan community commercial designation. Examples of permitted uses include retail stores, restaurants, lodging, community facilities, personal services, business services, and financial services of a citywide or regional nature.

3. Neighborhood Commercial (CN) District. To provide for local-serving neighborhood commercial uses consistent with the general plan neighborhood commercial designation. The CN district is established to provide for a variety of retail and service needs for nearby neighborhoods. Examples of permitted uses include retail stores, gas stations, personal services, community facilities, medical and professional offices and restaurants.

4. Professional Office (PO) District. To provide for business and professional office complexes consistent with the general plan professional office designation. The PO district is established to provide for the development and maintenance of an optimal environment for moderate intensity professional and administrative office uses and related uses on sites with large landscaped open spaces and off-street parking facilities. Examples of permitted uses include offices, support facilities, and community facilities.

5. Business Park 1 (BP-1) District. To provide business and employment-generating development, including a range of light industrial uses and supporting offices and services consistent with the general plan business park designation. This is a planned business district designed to provide a balanced economic and employment base for the community. Examples of permitted uses include research and development, limited service and retail commercial, offices, and community facilities.

6. Business Park 2 (BP-2) District. To provide for a wide range of industrial, research, manufacturing, storage, and warehouse uses that may not be desirable in the BP-1 district. Performance standards to achieve compatibility with other permitted and conditionally permitted uses may be required through a discretionary permit process. Examples of permitted uses include those uses allowed in the BP-1 district plus “wet” laboratories, major truck distribution facilities, and construction equipment storage.

C. Supplemental Nonresidential Regulations. Regulations for fences and walls, accessory structures, landscaping, screening and other supplemental nonresidential regulations are set out in Chapter 15.22 AVMC. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

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, development to establish a land use requires approval of a site development permit and/or other permits as set out in AVMC 15.74.020.

B. Table of Permitted Uses. Table 15.18.020 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 AVMC 15.06.050. 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.

Land uses are grouped as follows in the following table:

• Automotive Uses

• Dining, Drinking and Entertainment Uses

• Lodging and Group Care Uses

• Office, Retail and Service Uses

• Public, Recreation and Assembly Uses

• Research, Industrial and Heavy Commercial Uses

• Accessory Uses

• Temporary Uses

• Other Uses

TABLE 15.18.020:

PERMITTED USES IN NONRESIDENTIAL DISTRICTS

CT CC CN PO BP-1 BP-2
Land Use Town Community Neighborhood Professional Business Business
Center Commercial Commercial Office Park – 1 Park – 2
Commercial

AUTOMOTIVE USES: Auto and motorcycle NP NP NP NP C C dealerships, with

CT CC CN PO BP-1 BP-2 Land Use Town Community Neighborhood Professional Business Business Center Commercial Commercial Office Park – 1 Park – 2 Commercial associated repair services Auto repair services, NP C C NP C C major Auto repair services, minor, as a principal C C C NP C C use Auto repair services, minor, as an accessory use subordinate to a principal use such as a AUP AUP AUP NP AUP AUP gas station, discount or warehouse store or other permitted use Auto, truck and equipment rental businesses, with NP NP NP NP C C equipment and/or 4 or more vehicles stored on the premises Auto rental agencies with 3 or fewer rental NP AUP AUP AUP AUP AUP cars on the premises at one time Car washes, automated, as an accessory to gas C C C C C C station use on the same premises only Car washes, full service C C C C C C Gas stations and charging stations; may include accessory uses such as minimarts, C C C C C C automated car washes, fast food, and minor auto repair; subject to AVMC 15.22.210 Parking lots and garages as a principal C C C C C C use Vehicle, truck, recreation vehicle and marine sales, service, NP NP NP NP NP C and storage, subject to landscaping and screening DINING, DRINKING AND ENTERTAINMENT USES: Alcoholic beverage sales, for on- or off- premises consumption, AUP AUP AUP AUP AUP AUP subject to AVMC

lounges and C C C C C C microbreweries, subject to AVMC 15.22.200 Cigar bars and smoking, electronic C C C C C C cigarette and hookah lounges Coffee houses P P P P AUP AUP Cyber or Internet cafes C C C C C C

CT CC CN PO BP-1 BP-2 Land Use Town Community Neighborhood Professional Business Business Center Commercial Commercial Office Park – 1 Park – 2 Commercial Live entertainment and dancing as a principal C C NP NP C C use Live entertainment and dancing as an accessory AUP AUP AUP AUP AUP AUP use Outdoor dining as an accessory use, subject AUP AUP AUP AUP AUP AUP to AVMC 15.22.190 Restaurants, full- service, with 16 or P P P AUP AUP AUP fewer seats1 Restaurants, full- service, with 17 or more C C C C C C seats1 Restaurants, drive- C C C NP NP NPthrough1 Retail sale of take-out food such as ice cream, frozen yogurt, and P P P AUP AUP AUP bakery goods, with ancillary seating1 1Outdoor dining is an accessory use regulated by AVMC 15.22.190. Theaters, live or motion picture (see “Public, Recreation and Assembly Uses”) Video arcades as a C C NP NP C Cprincipal use Video games as an accessory use (9 A A A A A A machines or less) GROUP CARE USES: Child day care centers C C AUP AUP C Cand preschools Health facilities, subject to AVMC NP NP NP C2 C2 NP 15.22.220 2Permitted only in those areas within the health facilities and outpatient medical uses overlay district. Homeless/emergency NP NP NP C P Pshelters Transitional/supportive NP NP NP C P Phousing LODGING USES: Alcoholic beverage sales, for on- or off- premises consumption, AUP AUP AUP AUP AUP AUP subject to AVMC

C NP NP C C Cbreakfast inns3 Motels3 NP NP NP NP C C 3Hotels, bed and breakfast inns, and motels that allow persons to register as occupants for periods longer than 30 consecutive calendar days are not permitted (NP) in any district. OFFICE, RETAIL AND SERVICE USES: Alcoholic beverage sales, for on- or off- premises consumption, AUP AUP AUP AUP AUP AUP subject to AVMC

AUP AUP AUP NP AUP AUPkennels4

CT CC CN PO BP-1 BP-2 Land Use Town Community Neighborhood Professional Business Business Center Commercial Commercial Office Park – 1 Park – 2 Commercial Animal grooming4 AUP AUP AUP NP P P Animal hospitals/veterinary AUP AUP AUP NP AUP AUP clinics4 4Animal control, welfare and licensing requirements shall be pursuant to AVMC Title 6. Automated teller machines as an A A A A A A accessory use Banks and other financial institutions with tellers; may P P P P P P include drive-up or walk-up windows Barber shops and beauty, nail, tanning P P P P P P and similar salons Commercial marijuana activities, marijuana cultivation, marijuana NP NP NP NP NP NP manufacturing, and marijuana delivery Cultivation of industrial hemp, as defined in California Health and NP NP NP NP NP NP Safety Code Section 11018.5 Check cashing facilities NP C NP NP NP NP Convenience stores and C C C NP NP NPliquor stores5 5Defined 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 P P P P P Pcentral plant on site Fortune telling, palmistry and similar NP C NP NP NP NP services Furniture and C C NP NP NP NPappliance stores Laundromats NP P P AUP NP NP Massage parlors, massage centers, day spas and other establishments offering massage services C C C C C Cprovided exclusively by CAMTC-certified massage therapists, subject to Chapter 4.14 AVMC Miscellaneous small- scale services such as travel services, photo P P P P P Pdeveloping, shoe repair, appliance repair, and similar uses Office uses, general and P P P P P Pprofessional Office uses, nonmedical P P P P P Puses Outpatient medical uses, small (five or fewer clients on C C C P P P premises at a given time)6

CT CC CN PO BP-1 BP-2 Land Use Town Community Neighborhood Professional Business Business Center Commercial Commercial Office Park – 1 Park – 2 Commercial Outpatient medical uses, large (six or more C C NP C C Cclients on premises at a given time)6 6Outpatient medical uses, small and large, located in the first story of buildings in the town center commercial (CT) zone shall be limited to a total of 20,000 square feet. Health facilities and outpatient medical uses in all zoning districts, including the health facilities and outpatient medical uses overlay district, are also subject to specific permitting and regulating provisions found in AVMC 15.22.220. Pet supplies and accessories stores (accessory veterinary or P P NP NP P P kennel uses require a conditional use permit) Pet stores, selling live C C NP NP C Canimals Plant nurseries and P P NP NP NP NPgarden supply stores Printing and copy P P P P P Pservices Retail stores, general,7 under 10,000 sq/ft A or A orgross floor area (GFA), P P P A or AUP* AUP* AUP*other than convenience or liquor stores Retail stores, general,7 10,000 – 80,000 sq/ft P P P NP NP NP GFA Retail stores, general,7 C C NP NP NP NPover 80,000 sq/ft GFA 7Such as supermarkets *AUP required if the store is a and other retail stores principal use 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 NP C NP NP NP NP Thrift stores and pawn NP C NP NP NP NPshops Video rental stores P P P P P P Vendor carts and stands, outdoor, subject C AUP NP AUP AUP AUP to AVMC 15.22.130 PUBLIC, RECREATION AND ASSEMBLY USES: Alcoholic beverage sales, for on- or off- premises consumption, AUP AUP AUP AUP AUP AUP subject to AVMC

P P P P P Phiking trails Bowling alleys C C NP NP C C Churches, temples, other places of C C NP C C C worship7 Cinemas and live C C NP NP NP NPtheaters8 Clubs, lodges, union C C NP C C Challs, and similar uses8

CT CC CN PO BP-1 BP-2 Land Use Town Community Neighborhood Professional Business Business Center Commercial Commercial Office Park – 1 Park – 2 Commercial Colleges and universities, public or NP NP NP NP NP C private Community centers and C C NP C C Csenior citizen centers8 8In 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 NP NP NP NP C Cor unlighted Electric substations NP NP NP NP NP NP Family/children entertainment centers, indoor, with climbing apparatus, play C C NP NP C Cequipment, food service, video games, party facilities, and similar attractions Family/children entertainment centers, outdoor, and similar outdoor recreation uses, with such NP NP NP NP C C attractions as miniature golf, batting cages, boat rides; may also include indoor attractions Fire and police stations P P P P P P Golf courses NP NP NP NP NP NP Government offices P P P P P P Group instruction,9 under 3,000 sq/ft gross AUP AUP AUP AUP AUP AUP floor area Group instruction, over 3,000 sq/ft gross floor C C C C C C area 9Group instruction can be a standalone use or a component of a health club. Health clubs, under 3,000 sq/ft gross floor AUP AUP AUP AUP AUP AUP area Health clubs, over 3,000 sq/ft gross floor C C NP C C C area Helicopter pads NP NP NP C C C Libraries and museums C C C C C C Mortuaries and funeral NP NP NP NP C Chomes Outdoor amphitheaters NP NP NP NP NP NP Parks and open space, passive, public, subject to Chapter 15.46 AVMC, Noise Standards and Film P P P P P P Shoots, and AVMC 15.22.110, Outdoor lighting in nonresidential areas Pool halls/billiard C C NP NP C Ccenters Pool or billiard tables as an accessory use (3 A A A A A A or fewer) Public utility lines, P P P P P Pboxes and transformers

CT CC CN PO BP-1 BP-2 Land Use Town Community Neighborhood Professional Business Business Center Commercial Commercial Office Park – 1 Park – 2 Commercial Reservoirs and water NP NP NP NP NP NPtanks Roller and ice rinks, NP NP NP NP C Cindoor Schools, private, with outdoor facilities, such as private elementary and high schools; NP NP NP NP C C except preschools (listed under “Lodging and Group Care Uses”) Schools, private, without outdoor facilities, such as NP C NP C C C business, vocational and professional Schools, public NP NP NP NP NP NP Skateboard, roller hockey, and stunt bike NP NP NP NP NP Cfacilities, indoor or outdoor Sports training centers NP NP NP NP C NP Stations and terminals, C C NP C C Ctrain, bus and taxi Theaters, live or motion picture (see “Cinemas and live theaters”) Tutorial services, not including schools or NP AUP AUP AUP AUP AUP colleges RESEARCH, INDUSTRIAL AND HEAVY COMMERCIAL USES: Contractor and construction equipment NP NP NP NP NP Cyards, with outside storage Donation collection boxes, subject to AVMC NP A NP NP NP A

laundries, central NP NP NP NP C C plants Laboratories, dry NP NP NP P P P Light manufacturing and light industrial uses, including the manufacture and assembly of products from materials such as cloth, fiber, fur, glass, NP NP NP NP AUP Pleather, 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 NP NP NP NP NP C materials sales, outdoor Pest control services NP NP NP NP C AUP Plumbing repair shops NP NP NP NP C AUP

CT CC CN PO BP-1 BP-2 Land Use Town Community Neighborhood Professional Business Business Center Commercial Commercial Office Park – 1 Park – 2 Commercial Recycling recovery facilities as a principal use, with collection and sorting only (such as a NP NP NP NP NP Cmaterials recovery facility), not including auto salvage or junkyards Recycling collection facilities as an accessory use, such as AUP AUP AUP AUP AUP AUPmobile recycling units but excluding donation collection boxes Research and development, other NP NP NP P P Pthan specialized (see below) 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 AVMC 15.74.040: NP NP NP AUP AUP AUP • 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 NP NP NP NP C C as miniwarehouses Welding, machine, milling and plating NP NP NP NP NP C operations Warehouses as an accessory use, when incidental to a permitted use and A A A A A A occupying less than 30% of the floor area on a site

CT CC CN PO BP-1 BP-2 Land Use Town Community Neighborhood Professional Business Business Center Commercial Commercial Office Park – 1 Park – 2 Commercial Warehouses Up to and 80,000 distribution sq/ft facilities as a gross NP NP NP NP AUP P principal use, floor for storing or area shipping Overfood, 80,000beverages, sq/ftpackages, gross NP NP NP NP NP Cmerchandise flooror other areaitems: ACCESSORY USES: Caretaker residences as an accessory use (temporary or AUP AUP AUP AUP AUP AUP permanent) subject to AVMC 15.22.160 Fences and walls, subject to AVMC A A A A A A

and similar open A A A A A Astructures, subject to AVMC 15.22.050 Incidental products or services for employees, patrons or businesses located in the same building as the A A A A A Aprincipal 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 A A A A A Ause, subject to AVMC

use, subject to Chapter A A A A A A

Parking facilities as an accessory use, subject A A A A A A to Chapter 15.38 AVMC Lactation stations for breastfeeding as A A A A A Arequired 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 A A A A A Apremises, are consistent with the purpose and intent of the zoning district, and will not have a material adverse effect on other properties TEMPORARY USES: Christmas tree sales TUP TUP TUP TUP TUP TUP

CT CC CN PO BP-1 BP-2 Land Use Town Community Neighborhood Professional Business Business Center Commercial Commercial Office Park – 1 Park – 2 Commercial Construction trailers TUP TUP TUP TUP TUP TUP and guard offices Halloween pumpkin TUP TUP TUP TUP TUP TUP sales Outdoor markets, such as farmers’ markets, produce stands, flea TUP TUP TUP NP TUP TUP markets, and swap meets Professional film, video TUP TUP TUP TUP TUP TUP and still photography Sidewalk sales and special shopping center TUP TUP TUP NP TUP TUP events Special outdoor Regulated by Chapter 11.05 AVMC community and other events OTHER USES: Adult businesses, subject to Chapter 4.12 NP C NP NP NP NPAVMC, Adult Business Regulations Amateur radio, satellite dish and video As provided in Chapter 15.44 AVMC antennas Wireless communication As provided in Chapter 15.42 AVMC antennas and facilities Other principal, If a use or structure is not listed as permitted, it is prohibited unless specifically conditional, accessory determined to be permitted in accordance with AVMC 15.06.050 or temporary uses not listed in this table

[Ord. 2022-227 § 7; Ord. 2020-218 § 3; Ord. 2018-202 § 3 (Exh. A); Ord. 2018-194 § 4; Ord. 2017-187 § 3; Ord. 2016-181 § 3; Ord. 2015-172 § 3; Ord. 2015-165 § 4 (Exh. A); Ord. 2014-161 § 4 (Exh. A); Ord. 2013-151 § 3 (Exh. A); Ord. 2013-150 § 3 (Exh. A); Ord. 2012-146 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

A. Table of Development Standards. The following table contains development standards for nonresidential districts:

TABLE 15.18.030:

NONRESIDENTIAL DEVELOPMENT STANDARDS

DISTRICT
BP-1 & CT
CC CN PO -2
Town
Community Neighborhood Professional Business Center
Commercial Commercial Office Park 1 Commercial
and 2

HEIGHT AND FLOOR AREA RATIO: Minimum lot no minimum size Maximum structure height (feet) (See Chapter

for additional provisions regarding height limits)

DISTRICT BP-1 & CT CC CN PO -2 Town Community Neighborhood Professional Business Center Commercial Commercial Office Park 1 Commercial and 2 Maximum floor area 1.25 1.0 0.6 1.5 1.0 ratio (FAR) MINIMUM PERIMETER SETBACKS IN FEET: From arterial 40 20 20 20 30highways2 From local nonresidential 20 20 20 20 15 streets2 From residential 20 20 20 20 40 streets2 From abutting parcels in residential, 20 20 20 20 403 OS and OR districts From abutting commercial, office and 10 10 10 10 10other nonresidential developments From interior property lines 0 0 0 0 0within the same project 1All minimum perimeter setbacks shall be increased 1 foot for every foot in height above 35 feet (except for setbacks from interior property lines) up to a required minimum setback of 50 feet. However, such increased setbacks may be reduced to 30 feet if a conditional use permit (CUP) is approved for an individual project, subject to the CUP findings of AVMC 15.74.040.

2Setbacks are measured from ultimate street right-of-way line.

3Or a distance equal to the height of the building, whichever is greater. LANDSCAPING (subject also to AVMC 15.62.060): Minimum In addition to boundary landscaping, 2.5% of net project area within interior parking areas and another 2.5% within nonparking areas. landscaping Minimum • Adjacent to arterial highways: minimum average depth of 15 feet; boundary landscaping • Adjacent to nonarterial public streets and any residential district: minimum average depth of 10 feet Drought Minimum 50% of landscaping must be drought tolerant. tolerance OTHER STANDARDS: Fences and See Chapter 15.22 AVMC. other accessory structures Screening See AVMC 15.62.060. Signs and See Chapters 15.34 and 15.38 AVMC. parking

[Ord. 2015-165 § 4 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Single-story buildings shall not exceed 300,000 square feet of total gross floor area. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].