Article 2 — COMPREHENSIVE ZONING CODE[[3]]

Footnotes:

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Editor's note— Ord. No. 99-107, § 3, repealed article 2, §§9-1-19—9-1-166, in its entirety, and § 5 of said ordinance replaced it with a new article 2, §§ 9-1-10—9-1-142. Former article 2 pertained to similar material and derived from Ord. No. 90-11, § 13, adopted March 6, 1990; Ord. No. 90-22, § 1, adopted June 5, 1990; Ord. No. 91-33, §§ 1(9-1-142.010), 1(9-1-142.015), 1(9-1-142.020), 1(9-1-142.025), 1(9-1-142.030), 1(9-1-142.035), 1(9-1-142.040), 1(9-1-142.045), adopted May 7, 1991; Ord. No. 91-35, §§ 1—7, adopted June 4, 1991; Ord. No. 91-36, § 2, adopted July 2, 1991; Ord. No. 91-44, § 2, adopted Aug. 20, 1991; Ord. No. 91-46, §§ 2, 4, adopted Oct. 1, 1991; Ord. No. 91-49, § 1, adopted Nov. 19, 1991; Ord. No. 91-50, § 2, adopted Dec. 3, 1991; Ord. No. 91-52, §§ 1, 2, adopted Nov. 19, 1991; Ord. No. 92-57, §§ 3, 5, adopted Aug. 4, 1992; Ord. No. 93-64, §§ 1—6, adopted May 4, 1993; Ord. No. 93-66, §§ 1, 4—10, adopted July 6, 1993; Ord. No. 93-67, § 3, adopted Sept. 7, 1993; Ord. No. 94-76, § 1, adopted Aug. 16, 1994; Ord. No. 95-86, §§ 2, 4—6, adopted Dec. 5, 1995; and from Ord. No. 98-100, §§ 4—7, adopted March 17, 1998.

Cross reference— Regulations for specific businesses, § 5-3-1 et seq.; health and sanitation, tit. 6; buildings and construction, tit. 8; animals, tit. 10.

SUBARTICLE 1. - GENERAL PROVISIONS

(a)

Title. This article shall be known as the "City of Laguna Niguel Zoning Code", the "zoning code" or, for purposes of this article, may be referred to by the short title "Code."

(b)

Purpose. The zoning code is intended to guide the development of the city in an orderly manner, implement the policies of the general plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources.

(c)

Authority. The zoning code is enacted based on the authority vested in the City of Laguna Niguel and the State of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65000 et seq.), the California Environmental Quality Act (public resources code

section 21000 et seq.), and other applicable state laws. This code is also adopted pursuant to section 30000 et seq. of the public resources code for the purpose of complementing the city's local coastal program.

(d)

General requirements. Land or buildings may be used and structures may be erected or altered only in accordance with the regulations in this title 9.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 3, 8-3-21)

(a)

Compliance required. Except as specifically provided in this zoning code, no uses or structures shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed and no lot lines shall be created or changed except in conformity with this Code.

(b)

Applicability to property. This code shall apply to all land within the city except as otherwise provided by this section.

(c)

Applicability to road rights-of-way. Within dedicated public and private road right-of-way, only the following are subject to the land use regulations of this Code:

(1)

Signs not placed or maintained by public agencies. However, bus bench and bus shelter signs in road rights-of-way are regulated by section 7-1-120 et seq.

(2)

Walls or fences not erected or maintained by public agencies.

(3)

Landscaping.

Notwithstanding the preceding, all uses and structures within the coastal zone may be subject to a coastal development permit.

(d)

Applicability to land owned or leased by city. Except for road rights-of-way, land owned in fee by the city or land leased to or used by the city is exempt from all of the land use regulations of this Code.

(e)

Limitations on validity of permits. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be an approval of any violation of any provision of this Code. The issuance of such a permit shall not prevent the city from thereafter requiring the correction of violations of this Code or of any other ordinance of the city.

(f)

General relationship to other codes. The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the city, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this title and any other city ordinance, title, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified, nor shall any provision of this Code be deemed to repeal or amend the city's building regulations (title 8).

(g)

Relationship to California Environmental Quality Act. When a project application pursuant to the provisions of the zoning regulations is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of the zoning regulations, CEQA (public resources code, section 21000 et seq.), the CEQA guidelines (title 14, California Code of Regulations, section 15000 et seq.), and any environmental guidelines and other applicable rules adopted by the city.

(h)

Effect of code on private agreements. This code is separate from and independent of any condition, covenant, restriction, easement, or other agreement between parties, except that where this Code is more restrictive or imposes a higher standard than that required by such agreement, this Code shall control.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 4, 8-3-21)

Sec. 9-1-12. - Prior agreements and approvals.

(a)

Development agreements. Notwithstanding any provision of this zoning code, any development agreement which is valid as of the effective date of this Code shall remain in full force and effect until expiration of said agreement. Permitted land uses, development standards, and other zoning provisions referred to in such a development agreement shall supersede the provisions of this Code.

(b)

Building permits. Any development project approved prior to the effective date of this Code for which a building permit has been issued within 180 days after the effective date of this Code may be constructed in accordance with the zoning regulations in effect at the time of its approval, provided all other regulations

are satisfied. Any project for which a building permit has not been issued within 180 days after the effective date of this Code shall comply with this Code.

(c)

Nonconforming uses and lots. Any land use or lot approved prior to the effective date of this Code which does not conform to the provisions of this Code may nevertheless be established or recorded in accordance with approved plans or maps, provided all other regulations in effect at the time of approval are satisfied.

(d)

Approved vesting maps. Any vesting tentative tract or parcel map which was approved pursuant to earlier ordinances of the city which is now inconsistent with this Code may be continued and completed in accordance with the provisions of its approval, provided it is completed within the time limit in effect at the time of its approval without extension of time thereof and provided it complies with all other ordinances and laws in effect at the time of its approval.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-13. - General plan density and intensity.

Notwithstanding any provision of this zoning code, the limitations on density, unit counts, square footages, floor area ratios, and other similar measures established in the general plan shall constitute the upper limit of development intensity for all land in the city.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-14. - Code interpretations.

Interpretations of the provisions of this zoning code shall be made by the director. Such interpretations may be referred to the planning commission for review if the director determines on a case-by-case basis that the public interest would be better served by such referral.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-15. - Use of terms.

(a)

Rules for construction of language. The following general rules of construction shall apply to the textual provisions of this Code:

(1)

The specific shall supersede the general.

(2)

The word "shall" is mandatory. The word "may" is discretionary. The word "should" identifies a regulation or design guideline which must be followed in the absence of compelling opposing considerations identified by the city decision-making body.

(3)

In the case of any difference of meanings or implication between the text regarding a provision of the code and any title, heading, caption, or illustration, the text shall control.

(4)

Unless the context clearly indicates otherwise, words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular.

(5)

Unless the context clearly indicates otherwise, certain conjunctions shall be interpreted as follows:

a.

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

b.

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

c.

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

(6)

Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the city.

(7)

"Director" means the community development director of the city or the director's authorized agent or representative.

(b)

Time periods. The use of the term "days" to describe a specific time period does not include the day the action was taken but does include all subsequent days unless the last day falls upon a Saturday, Sunday, or a legal city holiday, in which case the next business day shall be the last day of the time period.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-16. - Severability.

The city council hereby declares that each portion of this zoning code is separate, distinct, and independent and the invalidity of any portion shall not affect the validity of the remaining portions. The city council further declares that it would have enacted this Code and each portion thereof irrespective of the fact that any portion or portions are declared invalid or ineffective. Therefore, in the event that any map, diagram, regulation or other portion of this Code is declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions thereof.

(Ord. No. 99-107, § 5, 2-2-99)

Secs. 9-1-17—9-1-19. - Reserved. SUBARTICLE 2. - ZONING DISTRICTS

Sec. 9-1-20. - Establishment of districts.

The city is hereby divided into zoning districts which are consistent with and implement the general plan. The following districts are established:

(1)

RS-1: Rural residential district;

(2)

RS-2: Residential estate district;

(3)

RS-3: Single-family district 3;

(4)

RS-4: Single-family district 4;

(5)

RP: Planned residential district;

(6)

RA: Attached residential district;

(7)

RM: Multifamily district;

(8)

CN: Neighborhood commercial district;

(9)

CC: Community commercial district;

(10)

CO: Office commercial district;

(11)

BP: Business park district;

(12)

PI: Public institutional district;

(13)

PR: Parks and recreation district;

(14)

OS: Open space district;

(15)

MC: Managed care overlay district;

(16)

FP: Floodplain overlay district;

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-21. - Adoption of official zoning map.

(a)

Adoption of map. The boundaries of the zoning districts established in this zoning code shall be shown on that map entitled "City of Laguna Niguel Official Zoning Map" available for public examination at the city's community development department.

(b)

Interpretation of district boundaries. Where uncertainty exists regarding the precise boundaries of districts on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets shall be construed as congruent with such centerlines. Boundaries indicated as approximately following the right-of way lines of streets shall be construed as congruent with such right-of-way lines and shall further be construed as moving with such right-of-way lines.

(2)

Boundaries indicated as approximately following lot lines shall be construed as congruent with such lot lines.

(3)

Boundaries indicated as parallel to or extensions of the lines described in (1) and (2), preceding, shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(4)

Where any public right-of-way is officially vacated or abandoned, the zoning district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way.

(5)

In cases where uncertainty exists after application of rules (1) through (4) preceding, the director shall determine the district boundaries.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-22. - Special zoning symbols.

In any zoning district, the minimum lot size and setbacks and the maximum building height and floor area ratio may be different from that set forth in the district regulations if so specified on the official zoning map. Such alternate development standards shall supersede those in the district regulations and shall be specified by means of the following zoning map symbols:

(1)

A number following the district designation and connected by a colon (:) shall designate the minimum lot size. Where the number is greater than 100, it shall indicate the minimum size in square feet; where the number is less than 100, it shall indicate the minimum size in acres.

Example: "RS-2: 10,000" (min. lot size 10,000 sq. ft.) or "RS-2: 1" (min. lot size 1 acre)

(2)

Numbers following the district designation and enclosed by parentheses shall designate the minimum setbacks in feet. Within the parentheses, setbacks shall be separated by a slash (/) and shall be shown in the following order: (front/side/rear).

Example: "RS-2 (20/5/25)"

(3)

A number shown below and separated from the district designation by a horizontal line shall designate the maximum height of buildings or structures in feet.

Example:

"CC"

45

(4)

A number following the district designation and enclosed by brackets shall designate maximum floor area ratio (FAR, the ratio of building square footage to buildable site area).

Example: "CC [.35]"

(5)

The preceding symbols may be used in any combination to show minimum lot size, minimum setbacks, maximum floor area ratio, or maximum height.

Example:

"RS-2 (20/5/25) [.35]: 1"

45

(Ord. No. 99-107, § 5, 2-2-99)

(a)

Use not listed is not allowed. If a use of land is not specifically listed in permitted uses section of the applicable zone the use shall not be allowed, except as provided below.

(b)

Director's determination. Because not every possible land use can be identified in this zoning code and because new land uses evolve over time, this section establishes the director's authority to determine if unlisted uses shall be permitted outright, permitted with a use permit, or not permitted in a zoning district. In order to determine that a use is permitted outright or with a minor use permit or use permit, the director shall ensure consistency with the following objectives:

(1)

The proposed use is consistent with the goals and policies of the general plan.

(2)

The proposed use is consistent with the purpose and intent of the district in which it is to be located.

(3)

The proposed use is similar to other uses which are permitted in the district in which it is to be located.

(4)

The proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use.

Any determination on a proposed unlisted use may be referred to the planning commission for review if the director determines on a case-by-case basis that the public interest would be better served by such referral.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 5, 8-3-21)

Secs. 9-1-24—9-1-29. - Reserved. SUBARTICLE 3. - RESIDENTIAL DISTRICTS

Sec. 9-1-30. - Summary of district regulations.

(a)

Permitted uses. Section 9-1-32 specifies the land uses allowed in each residential district.

(b)

Development standards. Section 9-1-33 specifies the development standards for each district.

(c)

Supplemental regulations. Supplemental regulations for residential districts are as follows:

Parking and signs .....3-14

Fences and walls .....3-14

Accessory structures .....3-17

Garages, carports and driveways .....3-18

Swimming pools and spas .....3-20

Satellite dish and other antennas .....3-21

Second residential units .....3-24

Guest houses .....3-26

Garage sales .....3-27 Home occupations .....3-27

Horses and other animals .....3-29

Screening .....3-30

Landscaping and open area .....3-30

Tennis and other game courts .....3-32

Outdoor lighting .....3-33 Special outdoor events .....3-34

Manufactured housing and mobilehomes .....3-35

Child day care homes .....3-36

Residential care facilities .....3-38

Temporary construction and guard offices .....3-38

Relocatable buildings .....3-39

Trash and recyclable materials storage .....3-39

Noise control .....3-39

Model home complexes .....3-40

Gate-guarded neighborhoods .....3-42

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-31. - Purpose and intent of districts.

Subsections included. All references to section 9-1-31 include section 9-1-31.1 through 9-1-31.6.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-31.1. - RS-1 rural residential district.

Purpose and intent. To provide for large-lot rural estates with abundant open space on each lot.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-31.2. - RS-2 residential estate district.

Purpose and intent. To provide for low density estates with ample setbacks.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-31.3. - RS-3 and RS-4 single-family districts.

Purpose and intent. To provide for the development and preservation of low and medium density neighborhoods with single-family residences on individual lots.

(Ord. No. 99-107, § 5, 2-2-99)

Purpose and intent. To provide for the development and preservation of medium density planned unit developments with attached homes, detached homes, or a mixture of both. Setbacks and other development standards are to be tailored specifically to each project by means of a precise development plan which is approved with the project and incorporated into this zoning code as an appendix.

(Ord. No. 99-107, § 5, 2-2-99)

Purpose and intent. To provide for the development and preservation of medium density neighborhoods composed primarily of attached development with each unit attached to another unit on only one side.

(Ord. No. 99-107, § 5, 2-2-99)

Purpose and intent. To provide for the development and preservation of developments containing multiple dwelling units on each lot, consisting of either rental apartments or condominiums with individual ownership of units. Each project will have ample common open space and recreation facilities.

(Ord. No. 99-107, § 5, 2-2-99)

(a)

Development permits required. Table 3.1 of this section specifies whether a use or structure is permitted within a zoning district. In most cases development to establish a land use requires approval of a site development permit and/or other permits as set forth in subarticle 11 (Permits and amendments).

(b)

Uses not listed in table. Land uses which are not listed in table 3.1 are not permitted unless the community development director or the planning commission determines that such use is consistent with one of the permitted use categories listed preceding (e.g. principal use, conditional use, etc.) in accordance with section 9-1-23 (Land uses not listed).

(c)

Table of permitted uses. Table 3.1, "Permitted residential uses", following, specifies those uses and structures which are permitted within each residential district. 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 residential use on the site.

(3)

"U" The use is permitted as a principal or accessory use if a use permit is approved.

(4)

"M" The use is permitted as an accessory use if a minor use permit is approved.

(5)

"H" The home occupation is permitted if accessory to the principal residential use and if a home occupation permit is approved.

(6)

"T" The use is permitted on a temporary basis if a temporary use permit is approved.

(7)

"X" The use is prohibited in the district.

Table 3.1: PERMITTED RESIDENTIAL USES.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2004-134, § 3.A, 2-17-04; Ord. No. 2011-163, § 3, 5-3-11; Ord. No. 2016-184, § 2, 10-4-16; Ord. No. 2017-187 § 2, 6-6-17; Ord. No. 2018-194, § 2, 6-5-18; Ord. No. 2021210, § 6, 8-3-21)

Sec. 9-1-33. - Residential development standards.

All references to this section 9-1-33 shall include sections 9-1-33.1 through 9-1-33.7. These sections set forth standards for the development of property within residential districts, such as minimum setbacks, maximum structure heights, and minimum lot sizes.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-33.1. - Table of development standards.

Table 3.2, following, and figures 3.1 and 3.2 in section 9-1-34 specify standards for the development of property within residential districts. However, alternate standards different from those in table 3.2 shall apply if a building line plan has been adopted for a specific tract or project (see official zoning map and/or appendix A). RP district standards marked with an asterisk shall be established by means of an approved precise plan for each project and incorporated into this Code in appendix A. New or amended precise plans for RP projects shall be added to appendix A upon approval by the city.

TABLE 3.2: RESIDENTIAL DEVELOPMENT STANDARDS

• RP standards shall be as shown on approved precise plan for each project. See appendix A.

1 For setbacks for side-entry type garages, the front setback may be reduced to 10 feet for the garage portion only, in accordance with Sec. 9-1-35.4 (Garages, carports and driveways).

2 Min. side setback = 10 feet adjacent to streets.

3 For RA attached dwellings, 0 feet on attached side and 5 feet min. on open side.

4 Where a rear yard abuts a street, the rear setback shall be a minimum 20 feet.

5 See Sec. 9-1-35.3 for additional development standards for accessory structures.

6 Per Sec. 9-1-35.4, driveways for garages/carports must be min. 20 feet in length. See Sec. 9-1-63 (Residential parking requirements) for minimum driveway widths.

7 In accordance with Sec. 9-1-35.13.

8 10 feet min. at any point; 25 feet min. average over the entire perimeter. Exception: Along scenic highways designated in the general plan, 25 feet min. at any point (measured from curbline) per Sec. 9-135.13.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 7, 8-3-21)

Sec. 9-1-33.2. - RP district precise plans.

RP district setbacks and other development standards shall be established by means of an approved precise plan for each project and incorporated into this Code in appendix A. New or amended precise plans for RP projects shall be added to appendix A upon approval by the city. Precise plans shall be processed via a site development permit.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-33.3. - Roof and wall projections.

(a)

Roof projections. Notwithstanding the height standards of section 9-1-33.4, chimneys, roof vents, finials, spires, and similar architectural features not containing usable space are permitted to extend up to three feet above the maximum structure height set forth in table 3.2 preceding.

(b)

Wall projections. The following architectural projections are permitted to encroach into the required setbacks specified in table 3.2 preceding:

(1)

Roof overhangs, chimneys, awnings, canopies, and similar projections may encroach a maximum of two feet into any required setback provided such projections are no closer than three feet from any property line.

(2)

Cantilevered seating windows, ledges, and similar projections, which are located a minimum of one foot above the floor and do not increase a building's usable floor area, may encroach a maximum of two feet into any required setback provided such projections are no closer than three feet from any property line.

(3)

Subject to approval of a minor adjustment, second-story balconies, elevated decks, and exterior stairways may encroach a maximum of four feet into required front and rear setbacks provided such projections are no closer than three feet from any property line. Such projections shall not encroach into required side setbacks.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 8, 8-3-21)

Sec. 9-1-33.4. - Measurement of building height.

Unless specifically stated otherwise, for purposes of this Code the maximum height of buildings and other structures shall be defined as the vertical distance from the ground to an imaginary plane above and parallel to the ground. For residential districts, this imaginary plane shall be located at a vertical distance of 35 feet from ground level, and the building shall not penetrate that plane. "Ground level" shall be defined by the director as the lower of the following alternatives (i.e., that which is the lowest level above sea level):

(1)

The finish grades at the exterior walls of an existing or proposed building.

(2)

The existing grades on the site.

The preceding definition of maximum building height is illustrated on the next page:

FIGURE 3.1

==> picture [360 x 194] intentionally omitted <==

(Ord. No. 99-107, § 5, 2-2-99)

(a)

Measurement. "Setback" means the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line, or other specified boundary. Setbacks for residential development are specified in table 3.2, except where different setbacks are provided for special situations in this and following sections. Setbacks are measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback:

(1)

Front setbacks: The front lot line or the ultimate street right-of-way.

(2)

Rear setbacks: The rear lot line or the ultimate street right-of-way.

(3)

Side setbacks: The side lot line or the ultimate street right-of-way.

(b)

Surface easements. Where a surface easement for recreation trail or vehicular access has been granted across any portion of a lot, the building setback shall be a minimum of five feet from the edge of that easement. Setbacks from utility access easements shall be zero.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 10, 8-3-21)

Sec. 9-1-33.6. - Setbacks from slopes.

Lots that have slopes which are 2:1 or steeper and over ten feet in height, require all structures to meet the following setbacks:

(1)

All main buildings and all accessory structures over 12 feet in height shall be set back a minimum of ten feet from the tops and toes of such slopes.

(2)

Accessory structures 12 feet in height or less shall be set back a minimum of three feet from the tops and toes of such slopes.

(3)

Accessory dwelling units shall be setback a minimum of four feet from the tops and toes of such slopes.

(4)

Adjustments. A main building, accessory dwelling unit, or accessory structure may be permitted on or cantilevered over such slopes if a minor adjustment is approved, provided the structure conforms to the accessory structure standards of section 9-1-35.3 and/or the accessory dwelling unit or junior accessory dwelling unit standards of section 9-1-35.26 and 9-1-35.27 respectively. Notwithstanding other provisions of this Code regarding height measurement, height shall be measured via a plumb line from the top-most point of the structure to the finish grade directly below the top-most point. In addition to the findings required for approval of a minor adjustment, a finding shall be made that there are special circumstances on the property, such as unusual topography or lot configuration, which require the adjustment in order for the subject property to enjoy the same ability to accommodate the structure as other properties in the vicinity.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 11, 8-3-21)

Sec. 9-1-33.7. - Irregular lots.

(a)

Purpose. The setbacks specified in table 3.2 are based on rectangular lots. Nonrectangular lots, lots with three sides or more than four sides, and other nonstandard lots require special measurement techniques in order to achieve the purpose of setback requirements (i.e., the appropriate separation of structures from streets and other properties). The purpose of this Section is to provide standards for the establishment and measurement of setbacks on irregular lots. (See subarticle 14 for definition of lot lines.)

FIGURE 3.2

==> picture [264 x 198] intentionally omitted <==

(b)

Front setbacks. Front yard setbacks shall be measured from the ultimate right-of-way of the public or private street or easement from which the property takes access. However, if the property is a flag lot, the front setback shall be measured in accordance with paragraph (f) of this section.

(c)

Rear setbacks. The rear yard lot line is the lot line parallel to and most distant from the front lot line. In cases where the rear lot line is not clearly identifiable, an imaginary line shall be drawn for purposes of determining required setbacks and for interpretation of other provisions of this Code. The imaginary line shall measure ten feet in length, be parallel to and most distant from the front lot line, and connect the two side lot lines. If the community development director determines that placement of the imaginary rear lot line causes hardship or creates inconsistencies with adjoining properties, the director shall determine the rear yard setback.

(d)

Side setbacks. All lot lines which are not front or rear lot lines shall be considered side lot lines for the purpose of measuring setbacks.

(e)

Pie-shaped lot setbacks. Setbacks for pie-shaped lots shall be measured at the closest point between the building and angled lot line.

(f)

Panhandle or flag lot setbacks.

(1)

Definition. For purposes of this Code, "panhandle lot", "flag lot", "panhandle building site", and "flag building site" all mean the following: A lot having its only vehicular access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long.

(2)

Setbacks. All building setbacks shall be a minimum of ten feet measured from property lines, except that the property line adjacent and most perpendicular to the "panhandle" portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements.

FIGURE 3.3

==> picture [300 x 340] intentionally omitted <==

(g)

Determination by director. Where a building site is situated such that the front, side or rear property lines are not readily determinable by reference to the drawing at the right, required setbacks shall be as determined by the director in compliance with the following criterion: Required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 12, 8-3-21)

Sec. 9-1-34. - Illustration of development standards, does not include setbacks from slopes per section 9- 1-33.6.

FIGURE 3.4

DEVELOPMENT STANDARDS FOR RS DISTRICTS

==> picture [360 x 444] intentionally omitted <==

FIGURE 3.5

RESIDENTIAL DEVELOPMENT STANDARDS: RP, RA, AND RM DISTRICTS

==> picture [360 x 186] intentionally omitted <==

==> picture [360 x 198] intentionally omitted <==

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 13, 8-3-21)

Sec. 9-1-35. - Supplemental residential regulations.

All references to this section 9-1-35 shall include sections 9-1-35.1 through 9-1-35.25. These sections set forth requirements for accessory structures, fences and walls, swimming pools, and other special aspects of land use in residential districts. These requirements are in addition to the other regulations for residential uses set forth in this subarticle and elsewhere in this zoning code.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-35.1. - Parking and signs.

Refer to subarticle 6 for parking regulations and subarticle 7 for sign regulations.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-35.2. - Fences and walls.

(a)

Definitions. For purposes of this section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen, windscreen, hedge or thick growth of shrubs or trees, or any combination of these. A building wall shall not be considered a fence or wall for the purposes of this section. The terms "fence" and "wall" are used interchangeably in this section to mean any or all of the preceding structures or vegetation. "Hedge" or "thick growth of shrubs or trees" means vegetation at least 42 inches high which creates a screen blocking at least 50 percent of the view through the vegetation measured over a horizontal distance of five feet or greater. Exception: Retaining walls located on a slope that is 10 feet in height or over and has a grade of 2:1 or steeper are considered "unenclosed accessory structures" and are subject to section 9-1-35.3.

(b)

Measurement of fence height.

(1)

Fence heights shall be measured from finish grade at the base of the fence to the top on that side which results in the greatest height, except as otherwise specified in this section.

(2)

Fences separated by 30 inches or more (as measured between their closest surfaces) shall be considered separate structures and their heights shall be measured independently. Fences less than 30 inches apart shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence.

FIGURE 3.6

==> picture [361 x 225] intentionally omitted <==

(c)

Fence Height Standards. The construction and installation of fences shall be in compliance with the following height and related standards:

(1)

Railings on top of retaining walls. Open railings, up to 48 inches high, placed on top of a retaining wall may extend beyond the permitted wall height limit for the purpose of pedestrian safety, with approval of the community development director. Approval shall only be granted in cases where pedestrian access is located adjacent to the wall and either the wall is existing and cannot be modified, or as a result of site constraints construction of the wall would result in the need for a railing which exceeds the wall height limit. This provision shall apply only to areas where fences are permitted over 42 inches in height.

(2)

Architectural features. For all fences, architectural features, such as pilasters, finials, and similar features, may extend an additional six inches above the maximum fence height, provided such features do not comprise more than ten percent of the horizontal length of the fence.

(3)

Within side and rear setbacks. The maximum fence height shall be six feet within any required rear or side setback area, except that where a difference in grade exists between two properties, the following rules shall apply:

a.

Fence height shall be determined independently for each property.

b.

No fence adjacent to a property line shall exceed eight feet in height as measured from the property on which it is located.

c.

No fence adjacent to a property line shall exceed six feet in height as measured from any adjacent property or street.

(4)

Within front setbacks.

a.

Maximum fence height shall be 42 inches if located within the front setback. In front yards and portions of street side yards, fences, walls, and hedges have a stricter height limit to maintain an open street scene, preserve the visibility of primary structures; enhance neighborhood character, and provide unobstructed views of traffic to and from driveways.

b.

Where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot, the maximum fence height shall be six feet within the front setback area,

except as limited by Paragraph (c)(6) of this section (Required sight distances).

c.

Any portion of a building site where vehicular access is taken shall conform to the requirements of paragraph (c)(6) of this section. (Required sight distances).

FIGURE 3.7

==> picture [360 x 262] intentionally omitted <==

(5)

Within main building area. In the area of a lot where a main building may be constructed, the maximum fence height shall be 12 feet. Higher fences may be permitted if a minor adjustment is approved per paragraph (d) of this section.

(6)

Required sight distances. In regulating fences, it is necessary to provide open "corner cutback" areas in order to preserve motorist sight distances. Therefore, notwithstanding other provisions of this section, maximum fence height shall be 18 inches within the triangular area formed by drawing a straight line as follows:

FIGURE 3.8

==> picture [360 x 296] intentionally omitted <==

a.

Between two points located on the property line and (25 feet distant from the point of intersection of two ultimate street right-of-way lines.

b.

Within five feet from the intersection of an ultimate street or alley right-of-way and the edge of a driveway or another alley right-of-way.

(7)

Swimming pool fencing. Fences enclosing swimming pools shall conform to the height requirements of this section and to the provisions of section 9-1-35.5 (Swimming pools and spas).

(8)

Sound attenuation walls. City or state-required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height, if approved by the director.

(9)

Prohibited fencing materials. Barbed wire and razor fences are prohibited in all zones, except when such materials are needed to restrict access to public utility requirements such as high voltage transformers. In residential zones chain link shall not be visible from the public right-of-way.

(d)

Increases in allowed height. Fences higher than the maximums set forth in this section may be permitted if a minor adjustment is approved by the director per section 9-1-114. In addition to the findings required for approval of all site development permits, the following findings shall also be made in conjunction with approval of a fence height increase:

(1)

The height and location of the fence as proposed will not result in or create a traffic hazard; and,

(2)

The location, size, design and other characteristics of the fence will not result in a material adverse effect on adjacent residents or their properties, including but not limited to any views available to such residents prior to construction of the proposed "over-height" fence.

Any application for a fence height increase may be referred by the director to the planning commission for action if the director determines, on a case-by-case basis, that the public interest would be better served by such referral.

(e)

Fences adjacent to scenic highways. Adjacent to a scenic highway (as identified in the general plan) and along Niguel Road between Crown Valley Parkway and Alicia Parkway, fences shall not be placed below the top of slopes which have a slope ratio of 2:1 or steeper and measure over ten feet in height.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 14, 8-3-21)

Sec. 9-1-35.3. - Accessory structures.

(a)

Definition. For purposes of this section, "accessory structure" shall mean a building or structure, the use of which is subordinate and incidental to the main building or use on the same parcel. Accessory structures may be either attached to or detached from the main building and may be either enclosed or unenclosed. "Enclosed" accessory structures are those which are roofed and contained on all sides by walls pierced only by windows, vents or customary entrances and exits. All other accessory structures shall be considered "unenclosed." Accessory structures include, but are not limited to, open and solid patio covers, gazebos, trellises, arbors, play equipment, decks, patios, storage sheds, greenhouses, and other similar structures. Accessory structures do not include:

(1)

Second-story balconies or decks as they are considered part of the main dwelling,

(2)

Fences and walls as they are covered under section 9-1-35.3, or

(3)

Accessory dwelling units or junior accessory dwelling units as they are covered under sections 9-1-35.26 and 9-1-35.27, respectively.

(b)

Applicability. Accessory structures over six feet in height and patios and decks over 18 inches in height above finish grade are subject to the provisions of this section, except that free-standing fences and walls shall be regulated by section 9-1-35.2. Exception: This section does not apply to Accessory Dwelling Units or Junior Accessory Dwelling Units which are regulated by section 9-1-35.26 and 9-1-35.27, respectively."

FIGURE 3.9

==> picture [361 x 188] intentionally omitted <==

(c)

Location.

(1)

Accessory structures shall be located on the rear 50 percent of the building site, except that minor unenclosed accessory structures, such as arbors, trellises, porte-cocheres, gazebos, and similar minor structures may be located in the front yard setback on the front 50 percent of the building site. The distance between the front and rear property lines shall be the basis for determining the rear 50 percent of the property.

(2)

Accessory structures shall be located at least ten feet from any property line bordering a street.

(3)

Unenclosed accessory structures shall be located at least three feet from any property line not bordering a street and enclosed accessory structures shall be located at least five feet from any such property line.

(4)

Accessory structures shall be located at least three feet from the top or toe of any slope which has a grade of 2:1 or steeper and is over ten feet in height.

(d)

Height.

(1)

Unenclosed accessory structures that meet the minimum setback requirements for the main building are permitted up to 15 feet in height; for unenclosed accessory structures that encroach into the primary building minimum setbacks, structures shall not exceed 12 feet in height.

(2)

Enclosed accessory structures shall not exceed ten feet in height or 150 square feet in floor area.

FIGURE 3.10

==> picture [360 x 241] intentionally omitted <==

(e)

Coverage. Enclosed accessory structures, whether attached or detached, shall not cover more than 50 percent of the rear yard setback area.

(f)

Adjustments. Modifications to the height, size, and location standards of this section may be permitted with approval of a minor adjustment processed in accordance with section 9-1-114 (refer to section 9-1-33.6 for applicable slope setback adjustment provisions). In addition to the findings required for approval of all such permits, approval of an accessory structure adjustment shall include the following findings:

(1)

The height, size, or location of the accessory structure will not be unsightly or incompatible with the character of or uses in the neighborhood; and

(2)

The height, size, or location of the accessory structure will not have negative visual impacts upon the street scene or obstruct views of traffic to and from driveways.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2019-197, § 3, 6-4-19; Ord. No. 2021-210, § 15, 8-3-21; Ord. No. 2021-211, § 6, 8-3-21)

Sec. 9-1-35.4. - Garages, carports and driveways.

(a)

Garage and carport placement. Garages and carports include attached or detached structures having direct access to a street or alley. Carports shall be permitted only upon approval of a minor adjustment per paragraph (b) of this section. Standards for the placement of garages and carports are set forth in table 3.3.

(1)

Except as otherwise specified, detached garages and carports shall conform to the development standards for main buildings.

(2)

Garages and carports shall not be located within any corner cutback areas for fences as set forth in section 9-1-35.2.

TABLE 3.3: GARAGE/CARPORT DEVELOPMENT STANDARDS

• RP standards shall be as shown on approved precise plan for each project. See appendix A.

1 For side-entry type garages, the front setback may be reduced to 10 feet for the garage portion only if a minor adjustment is approved. However, no living space shall be permitted over such reduced-front setback garages.

2 Min. side setback = 10 feet adjacent to streets.

• 3 For RA attached dwellings, 0 feet on attached side and 5 feet min. on open side.

4 Measured from back of sidewalk.

(3)

Upon approval of a minor adjustment, the minimum front building setback for a side-entry garage may be reduced to ten feet in all detached single-family residential districts except the RS-1 district. As shown in the illustration, such side entry garages shall provide a minimum of 20 feet from the garage opening to the sidewalk (or to the edge of street pavement if there is no sidewalk). No living space shall be permitted over such reduced-front setback garages.

FIGURE 3.11

==> picture [360 x 277] intentionally omitted <==

(4)

When alleys, private streets or common driveways are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a minimum of five feet from such alley, private street or common driveway.

(b)

Carport standards. Carports shall be permitted only upon approval of a minor adjustment and shall conform to the following additional standards:

(1)

Carports shall be constructed of materials and colors comparable to those of the main dwelling and/or garage.

(2)

Carports shall be located on the side of garages and shall not be located in front of (in-line with) garages.

(3)

Carports shall not be designed for side-entry.

(c)

Driveway standards. Residential driveways and maneuvering areas shall be provided in accordance with section 9-1-63 (Residential parking requirements).

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 16, 8-3-21)

Sec. 9-1-35.5. - Swimming pools, spas, and other bodies of water.

(a)

Swimming pools. The provisions of this paragraph (a) shall apply to all swimming pools. Swimming pools are permitted as accessory uses in residential districts subject to the provisions of this paragraph.

(1)

Definition. "Swimming pool" means an artificial body of water containing or normally capable of containing water to a depth of 18 inches or more at any point, designed, constructed and used for swimming, dipping or immersion purposes by humans. This includes, but is not limited to, in-ground, above-ground, and onground pools, hot tubs, portable and non-portable spas, and fixed in-place wading pools.

(2)

Location. Pools shall be located at least three feet (measured from water's edge) from any side or rear property line. In no case shall pools be located where the fence height is restricted to less than six feet by the provisions of section 9-1-35.2 unless, within the panhandle portion of a panhandle lot, or on slopes which are 2:1 or steeper and over ten feet in height.

FIGURE 3.12

==> picture [360 x 264] intentionally omitted <==

(3)

Fencing and screening. All pools shall be fenced in accordance with the provisions of the city's building and safety code, state law and other applicable ordinances. All pool equipment shall be screened from view from the street.

(4)

Adjustments. Swimming pools may be located within the front yard setback with the approval of a minor adjustment per section 9-1-114 for the pool and the required fencing. In addition to the findings required for approval, the findings for increases in allowed fence height (section 9-1-35.2(d)) must be made.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 17, 8-3-21)

Sec. 9-1-35.6. - Satellite dish and other antennas.

(a)

Accessory use. Antennas consistent with the design and location provisions of this section are permitted as accessory structures within any residential district.

(b)

Permitted noncommercial antennas. Noncommercial privately-owned television and/or radio antennas shall be contained entirely within a building, except for satellite dish antennas, amateur radio antennas, and other antennas which cannot function when completely enclosed by a building. Outdoor antennas shall comply with the following design standards and requirements, except for radio amateur antennas regulated per paragraph (c) of this section:

(1)

Number. No more than one of the following shall be permitted per residential lot: One television antenna or one satellite dish.

(2)

Location.

a.

Except for dish antennas with diameters of one meter or less, antennas shall be ground-mounted and shall not be visible from the street. Permitted antennas may be located within the rear yard or an interior side yard provided there is no encroachment into the required side yard setback. Antennas are prohibited from exterior street side yards unless not visible from the street.

b.

Dish antennas with diameters of one meter or less may be ground-mounted or building mounted anywhere on a lot except within the required front setback.

(3)

Height and Diameter. Satellite dish antennas shall not exceed eight feet in height measured from the grade at the base of the antenna and shall be no more than eight feet in diameter.

(4)

Screening. Satellite dish antennas over one meter in diameter and non-dish television antennas shall be screened from view, including views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.). The dish antenna shall be a single color that blends with its surroundings (e.g., dark green, brown, gray, or black).

FIGURE 3.13

==> picture [360 x 217] intentionally omitted <==

(5)

Disguised antennas. An antenna which has the appearance of typical backyard furniture or equipment (e.g., satellite dish antenna manufactured to have the appearance of a patio umbrella) is not required to comply with the preceding location and screening standards but shall comply with height and size limits. Such an antenna may be placed on a patio or deck.

(c)

Amateur radio antennas. Antennas serving stations of noncommercial privately-owned and federallylicensed or recognized amateur radio operators shall comply with the following standards and requirements:

(1)

Amateur radio antennas permitted without a use permit. The following amateur radio antennas are permitted without approval of a use permit:

a.

Antennas completely enclosed within a building.

b.

A single antenna consisting of a wire one-fourth inch in diameter is permitted. Such wire antennas may be located in setback areas provided the antenna does not extend above the top of the roof of the primary residence on the site.

c.

A single vertical pole or whip antenna not exceeding 42 feet in height, measured from finish grade at the base of the antenna, and not located in any required side, rear or front yard, is permitted. Such antennas shall not be located in front of a residence or on the side of a residence facing a roadway. Guy wires and supports for such antennas shall conform to the following:

1.

Guy wires shall have a maximum outside diameter of one-eight of an inch and shall be a neutral color. A maximum of four guy wires mounted at a height of up to 30 feet may be installed. Guy wires shall not be located in required side yard setbacks or within five feet of the rear property line.

2.

Support structures or masts for pole or whip antennas shall conform to standards set forth in the Uniform Building Code. A building permit may be required for the support structure or mast.

(2)

Amateur radio antennas permitted with a use permit. Outdoor amateur radio antennas other than those listed in paragraph (c)(1), preceding, may be permitted if a use permit is approved. The following factors and findings shall be considered in the review of such use permits:

a.

Factors to be considered. The decision-making authority shall consider the following factors in reviewing use permit applications:

1.

The Federal Communications Commission (FCC) requires that local regulations provide reasonable accommodation for amateur radio communications.

2.

The City of Laguna Niguel desires to allow amateur radio antennas in a manner that reasonably accommodates amateur radio communications, while minimizing potential impacts on neighboring properties.

3.

The proposed height and design of the amateur radio station antenna, and the technological necessity of that height and design to engage in amateur radio service operations of the nature contemplated.

4.

The proximity of the proposed amateur radio station antenna to inhabited buildings and structures.

5.

The nature of existing uses on adjacent and nearby properties.

6.

The surrounding topography and landscaping, including trees and other foliage, and their effect on the proposed height and design of the amateur radio station antenna.

7.

The design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones.

b.

Required findings. In addition to the standard findings required for approval of a use permit, the decisionmaking authority shall make the following findings for approval of use permits for amateur radio antennas:

1.

The height, design, and configuration of the proposed antenna is technologically necessary to engage in amateur radio communications of the nature contemplated.

Topographic or other constraints limit the feasibility of engaging in amateur radio communications with antennas permitted under paragraph (c)(1) of this section.

3.

The installation of the antenna is necessary to reasonably accommodate amateur radio communications.

4.

The placement and design of the antenna minimizes potential visual impacts on surrounding property owners to the extent possible while reasonably accommodating amateur radio communications.

(d)

No preemption of private covenants. No provision contained in this section shall preempt or void any more restrictive private covenant regulating outdoor antennas.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 18, 8-3-21)

Sec. 9-1-35.7. - Reserved.

Editor's note— Ord. No. 2021-211, § 3, adopted Aug. 3, 2021, repealed § 9-1-35.7, which pertained to second residential units and derived from Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2004-134, § 3.B, 2-17-04.

Sec. 9-1-35.8. - Guest houses.

(a)

Purpose. This section provides standards and criteria for the establishment of guest houses within residential districts.

(b)

Definition. For the purposes of this Code, "guest house" means an attached or detached dwelling unit which has sanitary facilities, but no cooking facilities, and which is used primarily for sleeping purposes by members of the family occupying the main residence and their non-paying guests or domestic employees.

(c)

Limitations. Only one guest house may be established on any lot in addition to the primary residence.

(d)

Where permitted. A guest house may be constructed as an accessory use in the RS-1, RS-2, RS-3, and RS-4 districts subject to conformance with the standards of this section.

(e)

Guest house standards. All guest houses shall conform to the following standards:

(1)

Guest houses shall conform to all applicable building code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guest house shall not exceed the height of the primary residence.

(2)

Guest houses shall be architecturally compatible with the primary residence.

(3)

The floor area of a guest house shall not exceed 640 square feet.

(4)

Guest houses may contain independent access and sanitation facilities.

(5)

Guest houses shall not contain cooking facilities separate from the primary residence.

(6)

A guest house shall be used only by the occupants of the primary residence, their non-paying guests, or domestic employees. The guest house shall not be rented or otherwise occupied separately from the primary residence.

(7)

A minimum of one additional enclosed or unenclosed off-street parking space shall be provided for the guest house (see section 9-1-63 for residential parking space design standards). Tandem parking spaces shall not be credited toward meeting this requirement and no variance or other deviation shall be granted to allow substandard parking spaces or locations.

(8)

A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guest house to a rental unit or to a unit for sale.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2004-134, § 3.C, 2-17-04)

Sec. 9-1-35.9. - Garage sales.

(a)

Definition. Garage sales include the display of household goods for sale in the garage and/or driveway of a single dwelling unit. This section also applies to neighborhood or community garage sales.

(b)

Standards. Garage sales shall be permitted as temporary accessory uses in residential districts subject to the following regulations:

(1)

Garage sales may be conducted a maximum of eight days per calendar year per residence.

(2)

The hours of the sale shall be no earlier than 7:00 a.m. to no later than 8:00 p.m.

(3)

No item for sale shall obstruct the public right-of-way or any sidewalk, street, parkway or driveway.

(4)

It is unlawful for any person to exchange, barter, trade or sell any of the following at a garage sale: Firearms, ammunition, explosives, animals and livestock, any item of personal property from which the serial number has been removed, or any other item prohibited by city, county, state, or federal law.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 19, 8-3-21)

Sec. 9-1-35.10. - Home occupations.

(a)

Purpose. The regulations set forth in this section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood.

(b)

Exemption for domestic employees. This section shall not apply to employees providing domestic help for the household, such as childcare, gardening, cooking, cleaning, medical, disability, or other personal assistance, or similar duties.

(c)

Permit required. Establishment and conduct of a home occupation shall require approval of a home occupation permit processed in accordance with section 9-1-114. An application to conduct a home occupation shall be submitted to the community development department together with a fee established by the city council for this permit. Information shall be provided to ensure that the proposed home occupation complies with the requirements of this section. Additional information necessary to make the findings required for approval may be required by the director.

(d)

Approval of permit. The director shall approve an application for a home occupation permit for a home occupation if the director finds the permit application consistent with the performance and development standards listed in paragraph (e) of this section.

(e)

Standards. In addition to the requirements for each residential district, the following performance and development standards shall apply to the establishment and operation of home occupations in any district in which they are permitted:

(1)

The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved.

(2)

Only residents of the dwelling unit may be engaged in the home occupation.

(3)

A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided the home occupation does not limit or prevent the use of the garage for required off-street parking. The home occupation shall not occupy more than 25 percent of the combined floor area of the house and garage.

(4)

A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure.

(5)

There shall be no signs, outdoor storage, parked customer vehicles, or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics.

(6)

Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. Also, the home occupation shall not cause increased use of utilities or communication facilities beyond that normal to the use of the property for residential purposes.

(7)

The home occupation shall not include the storage of hazardous materials, nor shall it create dust, noise, glare, or odors in excess of that normally associated with residential use.

(8)

No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located.

(9)

The following uses are prohibited as home occupations:

a.

Medical, dental or similar occupations in which patients are seen in the home.

b.

Automotive repair or other automobile service or sales uses.

c.

Junkyards.

d.

Cleaning of major equipment.

e.

Food processing (excluding cottage food operations consistent with State law).

f.

Barber or beauty shops.

g.

Carpentry or cabinet making.

h.

Welding.

i.

Other occupations which do not meet the standards of this section.

(10)

All conditions of approval attached to the home occupation permit shall be fully complied with at all times.

(11)

Home occupations which provide instructional services to a limited number of students may be permitted, provided consent is obtained from adjacent neighbors and a minor use permit is approved.

(f)

Revocation or suspension of permit. The director may revoke or suspend any permit for a home occupation if the director determines that any of the performance and development standards listed in paragraph (d) of this section have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or city law, or that the home occupation has changed or is different from that authorized when the permit was issued.

(g)

Permit nontransferable. No permit issued for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 20, 8-3-21)

Sec. 9-1-35.11. - Animals.

(a)

Purpose. This section regulates the keeping of animals within residential districts.

(b)

Household pets. Household pets shall be regulated pursuant to Laguna Niguel Municipal Code title 10, pertaining to animals.

(c)

Horses. Horses are permitted in the RS-1 district as an accessory use and are permitted in the RS-2 district east of Street of the Golden Lantern, and the RP district on lots at least four acres in size, subject to approval of a use permit in accordance with section 9-1-114. The following standards shall apply to the keeping of horses:

(1)

All pens, corrals, stables, barns, and other structures specifically for keeping horses overnight shall not encroach into the required setbacks for the main building and shall be located at least 75 feet from the buildable portion (main building envelope) of an adjoining lot.

(2)

Pastures, arenas, or any other areas for horses, which are not used to keep horses overnight, may extend to the property line.

(d)

Other animals. The types, number and manner in which pets and animals are kept shall be regulated pursuant to Laguna Niguel Municipal Code Title 10, pertaining to animals.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 21, 8-3-21)

Sec. 9-1-35.12. - Screening.

All projects within the RM district shall conform to the nonresidential screening requirements of section 9-145.4.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-35.13. - Landscaping and open area.

(a)

Landscaping in the front yard setback of single-family zones. In order to maintain attractive front yards, all setback areas visible from a public street, with the exception of the minimum areas necessary for entry sidewalks, decorative hardscape, and parking (including required parking spaces and associated driveways) shall have a surface that remains permeable and is to be landscaped and permanently maintained.

(b)

RM and RP zoning district requirements.

(1)

Open area requirement. All projects within the RM and RP districts shall include common open area equal to at least 25 percent of the buildable project area. For purposes of this section, "buildable project area" means the horizontal area within the boundaries of a development project, less slope areas with a ratio of 2:1 or steeper and less perimeter rights-of-way and easements and areas set aside for public schools, parks, and other public uses.

(2)

Open area standards. Required common open area shall consist of passive landscaped and active recreation areas established and maintained in accordance with the following standards:

a.

Excluded areas. Rights-of-way, parking areas, private patios, private yards, and slopes steeper than 20 percent shall not be credited toward the common open area requirement.

b.

Passive landscaped area.

1.

Design guidelines. This section sets forth basic landscaping requirements. In addition, subarticle 9 (Community design guidelines) contains landscaping standards and guidelines relating to project entry landscaping, pedestrian area landscaping, tree preservation, plant selection, and other items.

Landscaping standards. A landscape plan shall be prepared, approved, and implemented for all projects through the landscape review process. Landscaping consisting of trees, shrubs, vines, groundcover, water features, or any combination thereof shall be installed and maintained in accordance with the following standards:

i.

Height of landscaping along all streets and boundaries shall comply with section 9-1-35.2 (Fences and walls).

ii.

Boundary landscaping abutting arterial highways shall be required to an average depth of 15 feet with a minimum depth of ten feet, measured from the street right-of-way. However, along arterial highways designated as Scenic Highways in the general plan (i.e., Crown Valley Parkway, Alicia Parkway, La Paz Road, Moulton Parkway, Street of the Golden Lantern, Pacific Island Drive, Camino del Avion, and Niguel Road south of Crown Valley Parkway) plus Niguel Road north of Crown Valley Parkway, landscaping shall be provided to a minimum depth of 25 feet at all points, measured from the curb.

iii.

Boundary landscaping abutting public streets other than arterial highways shall be required to an average depth of ten feet with a minimum depth of five feet, measured from the street right-of-way.

iv.

All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or other barrier at least six inches higher than the parking or vehicular area to prevent vehicular damage to the landscaped area.

v.

Permanent automatic irrigation facilities shall be provided for all landscaped areas. All irrigation systems shall be maintained in proper operating condition. Waterline breaks, head/emitter ruptures, overspray or runoff conditions and other irrigation system failures shall be repaired immediately.

vi.

All landscaping shall be maintained in an orderly, attractive, and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants (including trees) when necessary, and the regular application of appropriate quantities of water to all landscaped areas.

vii.

Modification to an approved landscape plan, or any significant modification to existing landscaped areas, removal, or substantial thinning of landscaping, shall first require the review and approval of a changed plan permit or a discretionary permit amendment as determined by the community development director.

FIGURE 3.14

==> picture [360 x 354] intentionally omitted <==

(3)

Active recreation area requirement.

a.

Minimum area. At least ten percent of the buildable project area shallbe devoted to active recreational uses. This may be part of the required project common open area.

b.

Size and slope standards. Active recreation area shall be at least 15 feet wide and 300 square feet in area, with slopes no greater than five percent.

c.

Recreation facilities. Facilities may include swimming pools, spas, and related facilities; clubhouses; tot lots with play equipment; court game facilities such as tennis, basketball, or racquetball; improved softball or other playfields; or similar facilities for active recreational use.

FIGURE 3.15

==> picture [324 x 316] intentionally omitted <==

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 22, 8-3-21)

Sec. 9-1-35.14. - Tennis and other game courts.

(a)

Permits required. Construction of tennis and other permanent game court facilities, including fencing, may be permitted subject to a finding by the director that the standards set forth in this section have been satisfied. All lighted tennis and other game courts shall require approval of a use permit by the planning commission processed in accordance with section 9-1-114.

(b)

Hours of use. No tennis or game court shall be used before 7:00 a.m. or after 10:00 p.m.

(c)

Unlighted tennis courts. Unlighted tennis courts shall meet the following development standards:

(1)

Fences. A maximum 12-foot high fence (measured from the finished grade of the court) shall be allowed. Fences may be covered with a dark non-reflective screening material.

(2)

Setbacks. Tennis courts shall maintain setbacks equal to the setbacks for the main building for the applicable zoning district as defined in section 9-1-33, except that side yard setbacks shall be ten feet in all zoning districts.

(3)

Landscaping. Landscaping shall be installed and maintained between the court fence and property line. A landscape plan shall be submitted, reviewed and approved by the city landscape architect, and implemented at the same time as court construction.

(d)

Other unlighted game courts. Other game courts include permanent facilities used in conjunction with a particular recreational activity, such as basketball, badminton, and other sports. Setbacks for such unlighted game courts shall be:

Front yard: 20 feet

Side yard: 10 feet

Rear yard: 10 feet

(1)

A maximum 12-foot-high fence (measured from the finished grade of the court) shall be allowed, provided the fence maintains the setbacks for the main building for the applicable zoning district as defined in section 9-1-33.

(2)

Exception: One, unlighted, basketball standard, including backboard and rim, shall be permitted in the front yard, provided a setback of five feet is maintained from the front property line.

(e)

Lighted tennis and game courts. Lighted tennis and game courts shall require approval of a minor use permit. Such lighted courts shall conform to the preceding standards for unlighted courts and shall also meet the following standards:

(1)

Lighting design. A maximum of eight lights (i.e., eight individual light sources) are permitted, with mounting height not to exceed 22 feet. Prior to issuance of a building permit, all lights and lighting fixtures shall be certified by a qualified lighting engineer to be designed, constructed, and mounted such that:

a.

The light source and direct rays are not visible from any point five feet above grade at the lot line; and,

b.

The light sources and the tennis or game court is at least 30 feet from the buildable portion of the adjacent lot(s) and the maximum intensity of illumination attributable to the tennis or game court lighting measured at the closest point of the buildable portion of the adjacent lot(s) does not exceed 0.2 footcandle more than ambient light conditions.

FIGURE 3.16

==> picture [360 x 207] intentionally omitted <==

(2)

Glare. The surface area of any game court shall be designed, painted, colored, and/or textured to reduce the reflection from any light source.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 23, 8-3-21)

Sec. 9-1-35.15. - Outdoor lighting.

(a)

Purpose. This section is intended to provide standards for outdoor lighting which allows adequate lighting for public safety while minimizing the adverse effects of excessive lighting on neighbors and the community.

(b)

Outdoor game courts. Any lighted outdoor recreation use shall be subject to the provisions of section 9-135.14 for lighted game courts.

(c)

Residential lighting requirements. All properties zoned for residential use shall be subject to the outdoor lighting standards of this section. The regulations apply to both security and purely decorative lighting. Outdoor lighting which complies with these standards shall be permitted as an accessory use while deviation from the standards shall require approval of a minor adjustment permit.

(d)

Intensity and design. Exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity and height to the use.

(e)

Height. Building-mounted lights shall be installed below the eave line. Pole or fence-mounted lights shall be located no more than eight feet above grade, except in residential parking lots.

(f)

Location. Lighting shall only be installed adjacent to buildings, walkways, driveways, or activity areas (decks, patios, spas and pools, and similar use areas), and focal landscape areas close to the residence or activity area.

(g)

Residential parking lots. The lighting intensity within parking lots and adjacent areas shall conform to the standards of subarticle 9 (Community design guidelines); that is, lighting intensity shall be at least 1.0 footcandle at all points, but shall not exceed an average of 3.0 footcandles over the entire parking lot. Overall height of light standards shall be no more than 22 feet above finish grade.

(h)

Common area lighting. For all new residential developments, lighting plans (including photometric analysis) may be required for common recreational areas and pedestrian walkways within common open space. Outdoor lighting in these areas should be the minimum needed to ensure safety and security so that impacts on surrounding residential areas are minimized. The director may require lighting plans for existing developments should concerns arise about the health, safety or welfare for residents of the area.

(i)

Holiday and decorative lighting. Lighting and decorations with lights which are related to a specific holiday period shall be permitted in residential districts. Decorative lighting not associated with a holiday period shall not be the type that flashes, blinks, moves, or otherwise draws attention.

(j)

Enforcement. If the director determines through complaints received and/or site visits that any outdoor lighting may not be designed consistent with the provisions of this section and may cause an adverse impact on neighboring properties, the director may require a photometric analysis by a licensed engineer, to allow continued use of the lighting.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 24, 8-3-21)

Sec. 9-1-35.16. - Special outdoor events.

(a)

Definition. Within residential districts, special outdoor events may include, but are not limited to, pageants, fairs, carnivals, religious or entertainment events, block parties, and neighborhood or community gatherings.

(b)

Requirements. Special outdoor events are permitted in all residential districts provided the following requirements are met:

(1)

Approval of a temporary use permit shall be required for all special outdoor events.

(2)

Activities conducted on property owned by or leased to the city or on public rights-of-way may require an encroachment permit issued by the public works director.

(3)

The event may be permitted for a period not to exceed ten consecutive days. Events conducted more than four times in a calendar year are not considered temporary and shall not be eligible for a temporary use permit.

(4)

A cash bond or other guarantee may be required to be posted with the city to ensure removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event.

(5)

Applications for permits or certificates required by this Section shall be referred by the community development department to other affected departments, cities or public agencies as may be appropriate for review and comment.

(6)

Related issues, including but not limited to police and security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the director, sheriff, fire chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, health, tent, and other permits.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 25, 8-3-21)

Sec. 9-1-35.17. - Manufactured housing and mobilehomes.

(a)

Definition. For the purposes of this zoning code, the terms "manufactured home" and "mobilehome" shall mean the same thing (i.e., a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974). For purposes of simplicity, the term mobilehome is used in this section.

(b)

Where permitted. Mobilehomes may be permitted on single-family lots within the RS-1, RS-2, RS-3, and RS-4 districts as permanent or temporary residences, subject to the requirements of this section and provided the mobilehome is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and meets the requirements of the Manufactured Housing Act of 1980 (California Health and Safety Code for Manufactured Housing, section 18000).

(c)

Permanent mobilehome residence. Each mobilehome installed as a permanent residence on a single-family lot shall comply with the following standards:

(1)

District standards. The mobilehome shall conform to all setback, height and other standards of the district in which it is located.

(2)

Foundation. The mobilehome shall be placed on a solid concrete slab foundation.

(3)

Exterior siding. The exterior siding shall be wood or other material customarily used in conventionally built single-family dwellings.

(4)

Roofs. Roofs shall be constructed of fire-retardant composition shingles or tile. Roof pitch shall be similar to those of roofs of the same material on conventionally-built single-family dwellings in the neighborhood, but in no case less than a ratio of 3:12.

(5)

Roof overhangs. Roofs shall have eave and gable-end overhangs of not less than 12 inches, measured perpendicularly from the exterior wall.

(6)

Garages. Permanent mobilehomes shall have garages with the same minimum dimensions and number of parking spaces as required for single-family homes in section 9-1-63.

(d)

Temporary mobilehome residence during construction. A mobilehome, motorhome, or travel trailer may be permitted as a temporary residence during the construction of an owner-built (custom) house within the RS-1, RS-2, RS-3, and RS-4 districts subject to approval of a temporary use permit and the following standards:

(1)

Time limitations. A temporary mobilehome may be located on the same lot as a permanent residence under construction. The temporary mobilehome may be maintained on the lot for a maximum of one year or until issuance of a certificate of use and occupancy for the permanent residence, whichever occurs first. During that time, the mobilehome may be occupied only by the owner of the subject lot and the owner's immediate family. The mobilehome shall be removed from the site on or before a date one year after its placement on the lot regardless of whether the permanent residence is completed.

(2)

Setbacks. The mobilehome shall be set back a minimum ten feet from all property lines.

(3)

Utility and health requirements. Temporary mobilehomes shall meet all health department standards for a permanent residence and shall be connected to electric, water, and sewer services in accordance with city and utility company standards.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 26, 8-3-21)

Sec. 9-1-35.18. - Child day care homes.

(a)

Purpose. The use of a residence as a small family day care home or large family day care home, shall be considered a residential use of property under this article and shall be permitted in a legal dwelling unit in any residential district. The purpose of this section is to provide standards for the establishment and operation of child day care homes within residential districts. These standards are intended to be consistent with chapters 3.4 and 3.6 of the state health and safety code and shall be so construed.

(b)

Small family day care homes. Small family day care homes are permitted in all residential districts. Small family day care homes shall provide care for six or fewer children. However, such small family day care homes may provide care for more than six and up to and including eight children, without an additional adult attendant, if all of the following conditions are met:

(1)

At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.

(2)

No more than two infants are cared for during any time when more than six children are cared for.

(3)

The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time.

(4)

The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

(c)

Large family day care homes. Family day care homes are permitted in all residential districts. Large family day care homes may provide care for seven to 12 children. However, such large family day care homes may provide care for up to and including 14 children if all of the following conditions are met:

(1)

At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.

(2)

No more than three infants are cared for during any time when more than 12 children are cared for.

(3)

The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to 13 or 14 children in the home at one time.

(4)

The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

(d)

Standards for family day care homes. Family day care homes shall conform to the following requirements:

(1)

All facilities shall be operated and maintained in accordance with state and local health, safety, and other regulations.

(2)

All parking and outdoor lighting shall comply with the applicable regulations set forth in sections 9-1-63 and 9-1-35.15, respectively.

(3)

All facilities shall comply with the development standards of the residential district in which they are located, as set forth in section 9-1-33.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 27, 8-3-21)

Editor's note— Ord. No. 2021-210, § 28, adopted Aug. 3, 2021, repealed § 9-1-35.19, which pertained to residential care facilities and derived from Ord. No. 99-107, § 5, 2-2-99.

Sec. 9-1-35.20. - Temporary construction and guard offices.

Construction offices, security quarters, storage yards, large containers, temporary fencing and similar structures on the site of an active construction project may be conditionally permitted with a temporary use permit, subject to the following regulations:

(1)

The temporary structure shall not be moved onto the site nor otherwise established until issuance of a precise grading permit or, if there is no grading permit, issuance of a building permit.

(2)

Any temporary structure shall be removed from the site prior to the issuance of a certificate of occupancy for the last new building on the site. If the associated project is for grading only, the office shall be removed within 30 days of expiration of the grading permit.

(3)

Any permanent structure or portion of a permanent structure devoted to temporary use as a construction or guard office shall be converted to a permanent permitted use prior to the issuance of a certificate of occupancy for the last new building on the site.

(4)

The office shall be supplied with an electric meter and sewer and water facilities.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 29, 8-3-21)

Sec. 9-1-35.21. - Relocatable buildings.

A relocatable building or trailer may be permitted as a temporary structure for any permitted nonresidential and noncommercial use in any residential district subject to the approval of a temporary use permit processed in accordance with section 9-1-114 and the following additional provisions:

(1)

The temporary use permit application shall include the following:

a.

A description of the proposed uses and operating characteristics for all uses on the site, both temporary and permanent.

b.

A plot plan showing the location of all uses and structures, both temporary and permanent.

c.

Supplementary exhibits, as required by the director to adequately review the proposal, such as building elevations, landscaping, grading, access, and utility service.

(2)

A temporary use permit for a relocatable building or trailer may be conditionally approved. Failure to comply with the required conditions shall be grounds for the revocation of the permit.

(3)

A cash bond of $500.00 per each relocatable building or trailer shall be posted with the director to guarantee removal of each from the site upon expiration of the temporary use permit.

(4)

A temporary use permit for a relocatable building or trailer shall be approved for a maximum of one year from the date of approval.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-35.22. - Trash and recyclable materials storage.

All townhome, condominium, and apartment projects shall conform to the nonresidential trash and recyclable materials storage requirements of section 9-1-45.19.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-35.23. - Noise control.

Noise in residential districts shall be regulated by the city's noise control ordinance (div. 6-6 of this Code), which provides noise control standards for all districts in the city in order to prevent excessive sound levels which are detrimental to the public health, welfare and safety, or which are contrary to the public interest.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-35.24. - Model home complexes.

(a)

Model home complexes and sales offices. Temporary model home complexes, real estate sales offices and related signage may be established if a temporary use permit is approved in accordance with section 9-1114 and the following requirements are satisfied:

(1)

The complex is used solely for the first sale of homes or the first rental of apartments in projects of 20 or more units.

(2)

The complex is located within the area of the project for which it is established. The temporary office shall not be located within 50 feet of an existing dwelling unit which is not a part of the new project.

(3)

Notwithstanding other provisions of this Code, the parcel of land on which a temporary real estate office is established is not required to be a building site provided the parcel is precisely described.

(4)

The following structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved temporary use permit:

a.

Model homes in compliance with the zoning regulations applicable to the properties that are being sold.

b.

Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold.

c.

Temporary sales office buildings or relocatable buildings.

d.

Accessory buildings and structures in compliance with the zoning regulations applicable to the properties that are being sold.

e.

Recreational facilities that will become a permanent portion of the project in compliance with the zoning regulations applicable to the properties that are being sold.

f.

Permanent streets and driveways that will be part of the project after the closure of the real estate office use.

g.

Temporary children's playgrounds.

h.

Temporary and permanent fencing, walks, and structural amenities.

i.

Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests.

j.

Temporary vehicular accessways.

(b)

Requirements for approval. Any approving action shall include those conditions and requirements deemed by the decision-making authority to be necessary or advisable to protect the public safety and the general welfare, together with adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit. In addition to those findings required for the approval of an application, any approving action for a temporary real estate office shall also include the following findings:

(1)

The access, parking and circulation facilities will not result in excess traffic congestion or traffic safety hazards.

(2)

The operation of the real estate office and associated activities will not conflict with adjacent and nearby residential uses.

(c)

Time limitations. A temporary use permit for a real estate office may be approved for a maximum time period of two years from the date of approval.

(d)

Signs and flags. Signs and flags in connection with a temporary real estate office shall be permitted within a tract on the following conditions:

(1)

The sign copy shall be limited to matters relating to the project within which the signs are located.

(2)

Such signs shall have a time limit of existence concurrent with the use of the permitted temporary offices.

(3)

Temporary project identification signs up to 64 square feet in area and 10 feet in height are permitted at each street entrance, subject to the provisions of section 9-1-75 (Permitted temporary signs).

(4)

Additional signage exclusive of that permitted under paragraph (d)(3) preceding may be permitted, but shall not exceed a total of 100 square feet in area nor shall any sign exceed ten feet in height.

(5)

The number of flags permitted shall be two for the overall complex plus two per each model home, not to exceed a total of eight flags per model complex.

(6)

The following advertising devices or activities are expressly prohibited within or outside the project: Banners, balloons, portable trailer signs, or human indicators, except as specifically approved in a temporary use permit and in compliance with section 9-1-74 (Permitted temporary signs).

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-35.25. - Gate-guarded neighborhoods.

(a)

Application for approval. A gate-guarded neighborhood for new or existing residential development areas may be established with the approval of a site development permit.

(b)

Required information for neighborhood plan. In addition to the required submittal items for a site development permit, any person or entity desiring a gate-guarded neighborhood shall submit a detailed gate-guarded neighborhood plan. The neighborhood plan shall include the following:

(1)

Evidence of identifiable area to be served. A proposed gate-guarded neighborhood submitted pursuant to this section shall present evidence demonstrating that the control gates will serve a well-defined neighborhood.

(2)

Evidence of neighborhood support.

a.

The plan shall include a survey evidencing majority support for the concept. As a minimum, signatures of 51 percent of the owners of property within the neighborhood establishing written support for the plan shall be utilized by the city in determining whether there is majority support for the plan, with each buildable lot or dwelling unit to be tabulated as one vote. This criterion shall not apply to new development, with the exception of those developments under construction for which 25 percent or more of the units have been sold.

b.

After receipt of the survey, city staff shall prepare a report which outlines all potential impacts of the action should it be implemented. The report shall also identify the city's current interest in any rights-of-way, easements or other property within the proposed gate-guarded neighborhood which would be vacated or otherwise affected by the approval and designate any such interest which is proposed to be transferred to the homeowners, either to an association or to individuals. If there is any question as to the city's ownership or interest in such facilities, the director may require the applicant to provide a title report on the property in question.

c.

The report prepared by city staff shall be circulated as a petition to all owners of record within the impacted neighborhood. The resultant tabulation of the petitions in support of the issue must total at least 75 percent of all of the property owners, with each buildable lot or dwelling unit to be tabulated as one vote.

d.

Utility/public facility coordination. The plan shall show the layout of adjacent utility and/or public facilities. Any facilities which are in conflict with the proposed gate system shall be relocated at the applicant's expense to locations approved by the affected utility and/or other public agency. The gate design, including the setback of all gates, shall be approved by the public works director.

e.

Financial plan. The plan shall include a financial analysis establishing that the gate-guarded facility shall be adequately maintained on a permanent basis. The financial plan shall also address maintenance funding for public facilities to be transferred to the homeowners (e.g., streets, sidewalks, curb and gutter, local drainage facilities, etc.).

f.

Access by contract services. The applicant submitting the plan shall contact all contract services, i.e., trash pickup and street cleaning, and provide assurance of access to the gated community to allow for continued service.

(c)

Design and access standards. Plans for establishment of a gate-guarded neighborhood shall incorporate the following design and access standards:

(1)

Key system for gates. The plan shall provide for the installation of a master key override switch system as prescribed by the city for emergency access or other public access. Keys shall be provided to the city in the event of approval. If the gate operates by way of a telephone system, a ring-through feature shall be provided in order that cars waiting at the gate entrance will not cause waiting or queuing problems should a telephone line be in use, or a pull-out area outside of traffic lanes shall be provided to allow telephoning without blocking access.

(2)

Gate setback. The setback of all gates shall be approved by the public works director. The setback shall be evaluated by considering the number of dwelling units within a gated neighborhood, internal and external traffic patterns, number of gated entries, the number of lanes at each entry point, type of gate control at each entry and type of street from which access is being taken.

(3)

Turnaround. There shall be a minimum of a 38-foot radius turnaround area located on the public street side of the gate to ensure unrestricted access to and from the gate area and public street system. This required turnaround area may include a rolled curb and sidewalk provide there are no obstructions to vehicles on the sidewalk. This requirement shall be treated as a general standard which may be modified based upon site and public health and safety considerations at the sole discretion of the city.

FIGURE 3.17

==> picture [360 x 208] intentionally omitted <==

(4)

Review by Fire Authority. The Fire Authority shall be asked to make its review and recommendations on any proposed plan.

(5)

Other topographical considerations. The community development department shall review the plan for other site and topographical layout considerations to ensure that the design of the gate system does not create health and safety hazards.

(6)

Access to public facilities. The proposal shall not result in the blockage or inhibition of access by the public to public or quasi-public facilities, whether existing or planned, such as parks, schools, hiking and biking, and equestrian trails, etc., which serve more of the community than the proposed gated neighborhood.

(7)

Private streets. Any public streets proposed to be vacated within the neighborhood shall be maintained for access and parking as they were previously as public streets. All such streets shall be considered "public" for the purposes of implementing development standards such as setbacks, screening requirements, or other standards.

(d)

Exceptions to design standards. Notwithstanding the standards set forth in paragraph (c) preceding, the decision making authority may make exceptions to one or more of the design standards set forth above if it finds that:

(1)

There would be no health or safety hazard created by the waiver of the design standard; and

(2)

Unique topographical features, including size of the neighborhood, justify waiver of one or more of the design standards.

(e)

Plans entailing vacation of public streets.

(1)

Reservation of easements. The city shall reserve easements for franchised utility/service providers to allow access, maintenance, operation and placement of public utility and service systems.

(2)

Vacation procedure. Where a gate-guarded neighborhood plan includes a request that the city vacate a public street, the city's street vacation procedures, as stipulated in city council Resolution No. 90-71, shall address the following additional provisions:

a.

In determining whether to vacate a public street as a part of a gate-guarded neighborhood plan, the City Council will take into consideration the aesthetic and financial impact on the City and social impacts arising from the proposed vacation of the public streets, as part of the specified request under review.

b.

Prior to consideration by the city council, the planning commission shall review the vacation request and shall make a recommendation to the city council.

c.

In order to ensure consistency, street vacation requests shall be processed concurrently with the gateguarded neighborhood plan and related site development permit.

(3)

Revocation of vacation of public streets. The city council reserves the right to conditionally approve a vacation of a public street in a manner that will allow the city to revoke the vacation of the street if the plan proponent fails to abide by conditions of approval, or the plan implementation is otherwise found to create a public health or safety hazard. If there is a revocation, the gates must be removed.

(f)

Review procedure. The gate-guarded neighborhood request shall be subject to review and approval of a site development permit, which shall be processed in accordance with section 9-1-114. If the gate-guarded neighborhood request includes the proposed vacation of public streets or public easements, the administrative site development permit approval shall be conditioned upon city council approval of the proposed street or easement vacation, and recordation of the council resolution approving the vacation.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 30, 8-3-21)

Sec. 9-1-35.26. - Accessory dwelling units and junior accessory dwelling units.

(a)

Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

(b)

Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

(1)

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

(2)

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

(3)

Considered in the application of any local ordinance, policy, or program to limit residential growth.

(4)

Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

(c)

Definitions. As used in this section, terms are defined as follows:

(1)

Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a.

An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and

b.

A manufactured home, as defined by section 18007 of the California Health and Safety Code.

(2)

Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.

(3)

Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

(4)

Efficiency kitchen means a kitchen that includes all of the following:

a.

A cooking facility with appliances.

b.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

(5)

Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:

a.

It is no more than 500 square feet of interior livable space in size.

b.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

c.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

d.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

e.

It includes an efficiency kitchen, as defined in subsection (c)(4) above.

(6)

Livable space means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

(7)

Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(8)

Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

(9)

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

(10)

Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(11)

Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

(12)

Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(d)

Approvals. The following approvals apply to ADUs and JADUs created under this section:

(1)

Ministerial ADU and building permits required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (d)(3) below.

(2)

Processing fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution.

(3)

Process and timing.

a.

Completeness.

1.

Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.

2.

Incomplete items. If the city's determination under subsection (d)(3)a.1 above is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.

3.

Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.

4.

Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

5.

Deemed complete. If the city does not make a timely determination as required by this subsection a, the application or resubmitted application is deemed complete for the purposes of subsection (d)(3)c below.

6.

Appeal of incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

b.

No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

c.

Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:

1.

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

2.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

d.

Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (d)(3)c above.

e.

Appeal of denial. An applicant may appeal the city's denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

f.

Deadline to approve or deny CDP. Nothing in state ADU and JADU laws or this Code supersedes or in any way alters or lessens the effect or application of the California Coastal Act of 1976, except that:

1.

If a coastal development permit (CDP) is required for the ADU or JADU, a complete CDP application must be included for the ADU or JADU application to be complete; and

2.

The CDP application must be approved or denied within 60 days of receiving the complete application.

3.

If the city does not have a certified local coastal plan or program when the complete ADU or JADU application is received, the city will immediately notify the California Coastal Commission of the complete application.

g.

Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

(e)

Classes.

(1)

Class 1: Statutorily regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(1). An ADU and JADU approved under subsection (e)(1)a may be combined with an ADU approved under subsection (e)(1)b, and ADUs approved under subsection (e)(1)c may be combined with ADUs approved under subsection (e)(1)d.

a.

Converted on lot with single-family: One ADU as described in this subsection (e)(1)a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

Is either: Within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

2.

Has exterior access that is independent of that for the single-family dwelling; and

3.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and

4.

The JADU complies with the requirements of Government Code sections 66333 through 66339.

b.

Limited detached on lot with single-family: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:

1.

The side- and rear-yard setbacks are at least four feet.

2.

The total floor area is 800 square feet of livable space or smaller.

3.

The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.

c.

Converted on lot with multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (e)(1)c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

d.

Limited detached on lot with multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

1.

The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

2.

The peak height above grade does not exceed the applicable height limit provided in subsection (f)(2) below.

3.

If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

(2)

Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314—66322. Except for Class 1 ADUs approved under subsection (e)(1) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below.

(f)

General requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

(1)

Zoning.

a.

A Class 1 ADU approved under subsection (e)(1) may be created on a lot in a residential or mixed-use zone.

b.

A Class 2 ADU approved under subsection (e)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

c.

In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

(2)

Height.

a.

Except as otherwise provided by subsections (f)(2)b and (f)(2)c below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

b.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed singlefamily or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

d.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (f)(2)d may not exceed two stories.

e.

For purposes of this subsection (f)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

(3)

Fire sprinklers.

a.

Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

b.

The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

(4)

Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

(5)

No separate conveyance. An ADU or JADU may be rented, but, except as otherwise provided in

Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

(6)

Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

(7)

Owner occupancy.

a.

ADUs. ADUs are not subject to an owner-occupancy requirement.

b.

JADUs.

1.

Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.

2.

Exceptions. The owner-occupancy requirement in this subsection (f)(7)b does not apply in either of the following situations:

i.

The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

ii.

The property is entirely owned by another governmental agency, land trust, or housing organization.

(8)

Deed restriction. Prior to issuance of a certificate of occupancy for an JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the director of community development. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

a.

The JADU may not be sold separately from the primary dwelling.

b.

The JADU is restricted to the approved size and to other attributes allowed by this section.

c.

The deed restriction runs with the land and may be enforced against future property owners.

d.

The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

e.

The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

(9)

Building and safety.

a.

Must comply with building code. Subject to subsection (f)(9)b below, all ADUs and JADUs must comply with all local building code requirements.

b.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (f)(9)b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

(10)

Certificate of occupancy timing.

a.

Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

b.

Limited exception for state-declared emergencies. Notwithstanding subsection (f)(10)a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:

1.

The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

2.

The primary dwelling was substantially damaged or destroyed by an event referenced in the governor's state of emergency proclamation.

3.

The ADU has been issued construction permits and has passed all required inspections.

4.

The ADU is not attached to the primary dwelling.

(g)

Specific ADU requirements. The following requirements apply only to Class 2 ADUs approved under subsection (e)(2) above. This subsection (g) does not apply to Class 1 ADUs or JADUs approved under subsection (e)(1) above.

(1)

Maximum size.

a.

The maximum size of a detached or attached ADU subject to this subsection (g) is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.

b.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

c.

Application of other development standards in this subsection (g), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (g)(1)b above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU have less than 800 square feet of interior livable space.

(2)

Setbacks.

a.

ADUs that are subject to this subsection (g) must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection (g) must conform to 20-foot front setbacks, subject to subsection (g)(1)c above.

b.

No setback is required for an ADU that is subject to this subsection (g) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

(3)

Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.

(4)

Parking.

a.

Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.

b.

Exceptions. No parking under subsection (g)(4)a is required in the following situations:

1.

The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above.

2.

The ADU is located within an architecturally and historically significant historic district.

3.

The ADU is part of the proposed or existing primary residence or an accessory structure.

4.

When on-street parking permits are required but not offered to the occupant of the ADU.

When there is an established car share vehicle stop located within one block of the ADU.

6.

When the permit application to create an ADU is submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (g)(4)b.1 through 5 above.

c.

No replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

(5)

Architectural requirements.

a.

The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

b.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

c.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

d.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

e.

The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

f.

No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

g.

All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor,

or (for windows and for doors) utilize frosted or obscure glass.

(6)

Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU and the public right-of-way as follows:

a.

At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24-inch box size plant must be provided for every ten linear feet of exterior ADU wall.

b.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

c.

All landscaping must be drought-tolerant.

d.

All landscaping must be from the city's approved plant list.

(7)

Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located entirely behind the rear-most exterior wall of the primary dwelling and directly behind the primary dwelling.

(8)

Allowed stories. No ADU subject to this subsection (g) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (f)(2)d of this section.

(h)

Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (e)(1) or (e)(2) above.

(1)

Impact fees.

a.

No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection (h)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Gov.

Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

b.

A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.

c.

Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

(2)

Utility fees.

a.

If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

b.

Except as described in subsection (h)(2)a, JADUs and converted ADUs on a single-family lot that are created under subsection (e)(1)a above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this Code.

c.

Except as described in subsection (h)(2)a, all ADUs that are not covered by subsection (h)(2)b require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

1.

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

2.

The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

(i)

Nonconforming zoning code conditions, building code violations, and unpermitted structures.

(1)

Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

(2)

Unpermitted ADUs and JADUs constructed before 2020.

a.

Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

1.

The ADU or JADU violates applicable building standards, or

2.

The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 9-1-35.26).

b.

Exceptions:

1.

Notwithstanding subsection (i)(2)a above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.

2.

Subsection (i)(2)a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

(j)

Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set

forth in subsections (a) through (i) of this section may be allowed by the city with a site development permit for alternate development standards, in accordance with the other provisions of this title.

(Ord. No. 2021-211, § 4, 8-3-21; Ord. No. 2023-223, § 3, 6-20-23; Ord. No. 2024-232, § 3(Exh. 1), 1-21-25; Ord. No. 2026-239, § 4(Exh. A), 2-17-26)

Sec. 9-1-35.27. - Reserved.

Editor's note— Ord. No. 2026-239, § 4(Exh. A), adopted Feb. 17, 2025, repealed § 9-1-35.27, which pertained to junior accessory dwelling unit (JADU) and derived from Ord. No. 2021-211, § 5, 8-3-21; Ord. No. 2023-223, § 4, 6-20-23; Ord. No. 2024-232, § 3(Exh. 1), 1-21-25.

Sec. 9-1-35.28. - Transitional and supportive housing.

(a)

Transitional housing. In accordance with Government Code Section 65583(c)(3), transitional housing is considered a residential use of property and is subject to those restrictions that apply to other residential dwellings of the same type in the same zone.

(b)

Supportive housing.

(1)

Generally. In accordance with Government Code Section 65583(c)(3), supportive housing is considered a residential use of property and is subject to those restrictions that apply to other residential dwellings of the same type in the same zone.

(2)

In zones allowing multifamily. Supportive housing that complies with the requirements of California Government Code Section 65650 et seq. is considered a use by right in all zones where multifamily uses are permitted, including mixed-use zones. In accordance with Government Code Section 65651(b)(1), a supportive housing development must comply with all development standards and policies that apply to other multifamily developments within the same zone, unless preempted by state law.

(Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

Sec. 9-1-36. - Condominium conversions.

(a)

Purpose. The purpose of this section is to:

(1)

Provide standards and criteria for regulating the conversion of rental housing to residential condominium, community apartment or stock cooperative types of ownership and for determining when such conversions

are appropriate;

(2)

Mitigate any hardship to tenants caused by their displacement;

(3)

Provide for the public health, safety and general welfare.

(b)

Applicability. The provisions of this section shall apply to all conversions of rental housing into condominiums, community apartments or stock cooperatives, notwithstanding any other provision of this zoning code or of any planned community ordinance.

(c)

Use permit and subdivision required. All conversion projects subject to this section shall require approval of a use permit in accordance with section 9-1-114 and approval of tentative and final subdivision maps.

(d)

Zoning and subdivision standards. Conversion projects shall conform to:

(1)

The applicable standards and requirements of the zoning district in which the project is located at the time of approval; and

(2)

The applicable provisions of the subdivision code.

(e)

Tenant notification. Applicants for conversion projects shall be responsible for notifying existing and prospective rental tenants as follows:

(1)

Existing tenants. At least 60 days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in section 66452.9 of the state subdivision map act to each tenant of the subject property. Further, if the conversion project is approved, the applicant shall give all tenants a minimum of 180 days advance notice of the termination of their tenancy.

(2)

Prospective tenants. At least 60 days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in section

66452.8 of the Subdivision Map Act to each person applying after such date for rental or lease of a unit of the subject property. Pursuant to the Subdivision Map Act, failure of an applicant to provide such notice shall not be grounds to deny the conversion but shall make the applicant subject to the penalties specified in section 66452.8 of the Subdivision Map Act.

(3)

Evidence of tenant notification. Each application for conversion shall include evidence to the satisfaction of the director that the notification requirements specified in (1) and (2) preceding have been or will be satisfied.

(f)

Tenant purchase option. The property owner shall provide tenants with a 90-day preemptive right to purchase a unit or a right of exclusive occupancy upon more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. Such right shall be irrevocable for a period of 90 days after the commencement of sales and notification of the tenant of such right.

(g)

Application requirements. Each application for a conversion project shall be accompanied by the following in addition to the standard filing requirements for use permit and subdivision applications:

(1)

Engineering report. An engineering report on the general condition of all structural, electrical, plumbing and mechanical elements of the existing development, including noise insulation, and the estimated cost of repair or improvements, if any. The report shall be completed to the satisfaction of the director, signed and dated by the director, and made available to prospective buyers if the conversion is completed.

(2)

List of tenants. A complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within ten days after the filing of the application, the director shall notify each tenant of the application, forward a copy of the engineering report required by paragraph (g)(1) of this section, and list the procedures to be followed. The director shall mail a notice of public hearing at least ten days before the hearing to each tenant on the mailing list.

(3)

Housing program. Each application for a conversion project shall be accompanied by a housing program. The program shall include but not be limited to the following:

a.

The means by which the provision of affordable rental housing will be achieved; (e.g. by maintaining affordable rental condominium units within the converted project or by providing affordable rental units elsewhere in the city.)

b.

A housing report addressing housing affordability within the general plan community profile area, including vacancy rates and other available housing of similar type and rent, the current rents and estimated monthly payments and fees of the units to be converted, and all improvements and renovations contemplated;

c.

A survey of existing tenants as to their length of occupancy and the number of those who express the intention of purchasing one of the units; and

d.

A relocation plan which identifies the steps which will be taken to ensure the successful relocation of each tenant if the conversion is completed. The relocation plan shall also state what specific relocation assistance existing tenants will be given, such as costs relating to physically moving tenants and their possessions, first months' rent in the tenant's new unit, security and cleaning deposits, and phone connection and utility deposits. Particular consideration shall be given to the needs of elderly and disabled individuals, families with children, and other tenants who may encounter difficulty in finding a new residence.

(h)

Affordable units in condominium conversions. The provision of affordable dwelling units in connection with the conversion of apartments to condominiums shall be governed by the provisions of this section and of section 9-1-37.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-37. - Density bonuses and related affordable housing incentives.

The density bonuses and related affordable housing incentives required by state law, including but not limited to Government Code Section 65915 et seq., are available to applicants on the terms and conditions specified in state law.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2013-173, § 3, 2-19-13; Ord. No. 2024-228, § 3(Exh. 1), 5-21-24) Sec. 9-1-38. - Group homes.

(a)

Purpose. The purposes of this section are to further the purposes of state and federal disability and fairhousing laws by, among other things: Accommodating the needs of the disabled in a manner that is reasonable and that facilitates the use and enjoyment of a dwelling the same as for non-disabled individuals; and to provide living environments that will enhance the opportunity for the disabled.

(b)

Standards for group homes. Group homes, which are distinguished from other boarding houses by the disabled status of their clientele, are permitted in all zones that allow residential uses subject to the

following:

(1)

Structure. The structure in which and the lot on which a group home is established must comply with all standards that apply to a residential dwelling structure and lot in the same zone.

(2)

Group home permit. An application for a ministerial, streamlined administrative permit is submitted to the community development director or designee by the property owner and, if the owner is not also the operator, by the operator of the group home. The application must provide the following:

a.

The name, address, phone number, and driver's license number of the property owner, operator, and house manager.

b.

A copy of the group home rules and regulations, the maximum number of occupants (may not exceed two persons per legal bedroom, including the house manager), intake procedures, and relapse policy.

c.

A signed and notarized copy of the city's resident verification form, including affirmation by the operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home.

d.

If the operator is not the property owner, a signed and notarized copy of the city's property owner consent form for operation of a group home at the property.

e.

Blank copies of all forms that all residents and potential residents are required to complete.

f.

A fee for the cost of processing the application as set by resolution of the city council.

g.

No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible to for updating any of this information to keep it current.

h.

A detailed and labeled floor plan that clearly shows all bedrooms and areas intended for common use.

(3)

Occupant rental agreements shall be no less than 30 days. Agreements of less than 30 days shall constitute short term rental, a prohibited use in all residential zones that has been determined to be contrary to the purpose and intent of such zones and detrimental to the character of single-family residential neighborhoods specifically.

(4)

The group home shall not be located in an accessory second residential unit unless the primary dwelling unit is used for the same purpose.

(5)

The group home has a house manager who resides at the group home and who is responsible for the dayto-day operation of the group home.

(6)

The operator shall provide to the city a 24-hour emergency contact that will respond, on-site if requested, to complaints about the condition, operation, or conduct of residents or their guests. Prior to any change to the 24-hour emergency contact, a revised group home permit application shall be submitted to the Community Development Director, or designee, for approval.

(7)

All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Vehicles associated with the facility, shall be operable, parked off-street, and currently used as a primary form of transportation for a resident of the group home.

(8)

Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001 (c)(3) of title 22, California Code of Regulations.

(9)

Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility.

(10)

The home shall comply with all applicable codes regarding fire, building construction and safety, and all other relevant laws, regulations and ordinances. The city's failure to inspect the home does not constitute a waiver of its right to perform future inspections.

(11)

The group home shall not locate within 1000 feet, as measured from the closest property lines, of any other group home or state licensed residential care facility.

(12)

In instances of occupant eviction or involuntary termination of residency in a group home, the operator shall:

a.

At the time of occupant departure from the home, make available transportation to the address listed on the occupant's driver's license, state issued identification card, or permanent address provided on the occupant's application or referral to the group home. This obligation shall not be satisfied by providing payment to the occupant for the cost of transportation.

b.

At least 24 hours prior to eviction or involuntary termination, notify the occupant's emergency contact or contact of record that the occupant is no longer a resident of the home; contact the Orange County Health Care Agency's OC Links Referral Line to determine what services, if any, might be available to the resident; any information obtained shall be shared with the occupant prior to their release.

c.

To the extent permitted by state and federal law regarding confidentially of health care information, maintain records for a period of one year following eviction or involuntary termination to document compliance with these notice provisions.

(13)

For the purpose of inspection or audit to determine that the objectives and conditions of this section are being fulfilled, upon request of the Community Development Director or designee, the operator shall provide access to the group home or to records related to the use and occupancy of the home.

(14)

In addition to the regulations outlined above, the following shall also apply to sober living homes

a.

All occupants, other than the house manager, shall be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction.

b.

The sober living home's rules and regulations shall prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on- or off-site. Regular drug testing or some equivalent alternative shall be conducted to ensure that tenants are not currently using drugs or

alcohol. The sober living home shall also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on-site in a common area inside the dwelling unit. Any violation of these rules shall be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of these rules shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.

c.

The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 shall not exceed the limit set forth in Penal Code Section 3003.5 and shall not violate the distance provisions set forth in Penal Code Section 3003.

d.

The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol, are probationers, or parolees. No visitors shall be permitted to spend the night or stay past 10:00 p.m. and a house manager shall be present during visitations.

e.

The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in smoking outdoors and excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.

f.

The sober living home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: Detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.

(15)

An applicant may seek relief from the strict application of this section by submitting an application to the Community Development Director or designee setting forth specific reasons as to why accommodation over and above this Section is necessary under state and federal laws, pursuant to Section 9-1-39.

(c)

The group home permit shall be issued by the Community Development Director or designee as a ministerial matter if the applicant is in compliance or has agreed to comply with the provisions of this section. The group home permit shall be denied, and if already issued, shall be revoked, upon a hearing by the Director under any of the following circumstances:

(1)

Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information.

(2)

Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.

(3)

Any owner/operator or staff person has been convicted of or pleaded no contest, within the last seven to ten years, to any of the following offenses:

a.

Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years).

b.

Arson offenses - violations of Penal Code Sections 451-455 (last seven years); or

c.

Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last ten years).

d.

The unlawful sale or furnishing of any controlled substances (last seven years).

(4)

Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.

(5)

The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA.

(6)

A group home permit for a sober living home shall also be denied, and if already issued, shall be revoked, upon a hearing by the Director under any of the following additional circumstances:

a.

Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety.

b.

The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.

c.

The sober living home, as measured by the closest property lines, is located within 1000 feet of any other sober living home or state licensed residential care facility. If a state licensed facility moves within 1000 feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit.

(7)

For any other significant or repeated violations of this section or any other applicable laws or regulations.

(8)

Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this Ordinance, that has obtained a reasonable accommodation pursuant to section 9-1-139.

(Ord. No. 2018-194, § 2, 6-5-18; Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

(a)

Purpose. It is the city's policy to provide reasonable accommodation in accordance with federal and state fair housing laws (42 USC § 3600 et seq. and Government Code § 12900 et seq.) for persons with disabilities seeking fair access to housing in the application of the city's zoning laws. The term "disability" as used in this article shall have the same meaning as the terms "disability" and "handicapped" as defined in the federal and state fair housing laws. The purpose of this article is to establish the procedure by which a person may request reasonable accommodation, and how the request is to be processed.

(b)

Applicability. Any person seeking approval to construct and/or modify residential housing for person(s) with disabilities, and/or operate a residential care facility, group home, or referral facility, which will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a Zoning Code provision, regulation, policy, or condition which causes a barrier to equal opportunity for housing.

(c)

Application required. An application for a reasonable accommodation shall be filed and processed with the Planning Division. The application shall be made in writing and shall include the following information and be subject to the determinant factors required by this section.

(1)

The zoning code provision, regulation, policy, or condition from which accommodation is being requested.

(2)

The basis for the claim that the individuals are considered disabled under state or federal law, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals.

(3)

Any other information that the director reasonably determines is necessary for evaluating the request for reasonable accommodation.

(4)

Documentation that the applicant is an individual with a disability; applying on behalf of one or more individuals with a disability; or a developer or provider of housing for one or more individuals with a disability.

(5)

The specific exception or modification to the zoning code provision, regulation, policy, or condition requested by the applicant.

(6)

Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

(7)

Any other information that the Hearing Officer reasonably concludes is necessary to determine whether the findings required by section (g) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

(d)

Fees. No application fee is required.

(e)

Director action. Within 60 days of receipt of a completed application, the community development director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this section. Any appeal to reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit.

(f)

Grounds for reasonable accommodation. The following factors shall be considered in determining whether to grant a reasonable accommodation:

(1)

Is the requested accommodation necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling? To determine whether the accommodation is necessary, the director may consider, among other things: The nature of the disability including the special needs created by the disability, the physical attributes and setting of the property and structures, the potential benefit that can be accomplished by the requested accommodation, and alternative accommodations that may provide a comparable level of benefit.

(2)

Is the requested accommodation reasonable? A requested accommodation is not reasonable if it would impose an undue financial or administrative burden on the city. It is also not reasonable if it would fundamentally alter a city program, such as the city's zoning scheme. In considering the financial or administrative burden on the city, the director may consider, among other things, the extent to which the city would have to dedicate resources, such as staff time and funds, to grant the request and other requests like it. In considering the potential alteration to a city program, such as the city's zoning scheme, the director may consider, among other things, whether granting the request would be consistent with the city's general plan, with the purpose and nature of the particular zoning district, and with nearby uses. The director may also consider whether the requested accommodation would potentially have adverse external impacts on properties in the vicinity.

(g)

Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the Director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

(1)

The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws.

(2)

The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

(3)

The requested accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.

(4)

The requested accommodation is consistent with whether or not the residents would constitute a single housekeeping unit.

(5)

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

(6)

The requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.

(7)

The existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

(8)

The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program.

(h)

Additional considerations. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program.

(1)

Whether the requested accommodation would fundamentally alter the character of the neighborhood.

(2)

Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

(3)

Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan.

(4)

Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

(5)

Any other factors that would cause a fundamental alteration in the city's zoning program, as may be defined in the Fair Housing Law.

(Ord. No. 2018-194, § 2, 6-5-18)

SUBARTICLE 4. - NONRESIDENTIAL DISTRICTS

Sec. 9-1-40. - Summary of nonresidential regulations.

(a)

Permitted uses. Section 9-1-42 specifies the land uses allowed in each nonresidential district.

(b)

Development standards. Section 9-1-43 specifies development standards for nonresidential districts.

(c)

Supplemental regulations. Supplemental regulations for nonresidential districts are as follows: Parking and signs .....4-16

Fences and walls .....4-16

Landscaping .....4-16 Screening .....4-17

Detached accessory structures .....4-20

Satellite dish and other antennas .....4-21

Christmas tree sales .....4-22

Halloween pumpkin sales .....4-22

Produce Stands .....4-23

Outdoor vendors .....4-24

Permanent outdoor display and storage .....4-24

Sidewalk sales and center-wide events .....4-26

Special outdoor events .....4-28

Outdoor lighting .....4-28

Caretaker residences .....4-29 Temporary construction and guard offices .....4-30

Relocatable buildings .....4-31

Vending machines and recycling facilities .....4-31

Trash and recyclable materials storage .....4-33

Noise control .....4-35

Operational standards for nonresidential uses .....4-35

Hazardous waste and materials .....4-36

Service station standards .....4-38

Child day care centers .....4-39

Single room occupancy (sro) hotels .....4-40

Bus stop benches and shelters .....4-40

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-41. - Purpose and intent of districts.

All references to section 9-1-41 include sections 9-1-41.1 through 9-1-41.6.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-41.1. - CN Neighborhood commercial district.

Purpose and intent. To provide for the development and maintenance of small-scale commercial centers, generally between one and ten acres in size, which provide day-to-day convenience goods and services for surrounding residential neighborhoods.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-41.2.CC - Community commercial district.

Purpose and intent. To provide for the development and maintenance of medium and large scale commercial areas located on arterial highways and serving the entire community. The CC district is intended to serve a greater trade area than neighborhood centers and provide a broader range of goods and services, including retail, office, service, lodging and entertainment uses.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-41.3. - CO Office commercial district.

Purpose and intent. To provide for the development and maintenance of office uses such as professional offices, corporate headquarters, and administrative offices, plus limited retail and service businesses which are compatible with and complimentary to office development.

(Ord. No. 99-107, § 5, 2-2-99)

Purpose and intent. To provide for the development and maintenance of office, research, wholesaling, light industrial, and associated support uses within well-landscaped master planned projects.

(Ord. No. 99-107, § 5, 2-2-99)

Purpose and intent. To allow a wide range of public, semi-public and special-purpose private facilities in order to provide a variety of government and social services to the community.

(Ord. No. 99-107, § 5, 2-2-99)

Purpose and intent. To provide for the development and maintenance of community serving commercial uses within the town center area. To further expand and support local business opportunities, the MU-TC District allows for potential additive multifamily residential development where baseline commercial thresholds have been achieved. The resulting mixed-use district character is intended to add to the city's housing stock and create pedestrian activity and a vibrant city center featuring a range of shopping, restaurant, service, employment, civic, and entertainment and leisure activities and uses.

(Ord. No. 2022-216, § 4, 7-19-22)

Sec. 9-1-42. - Permitted uses.

(a)

Development permits required. Table 4.1 in this section specifies whether a use or structure is permitted within a zoning district. In most cases, development to establish a land use requires approval of a site development permit and/or other permits as set forth in subarticle 11.

(b)

Uses not listed in table. Land uses which are not listed in Table 4.1 are not permitted unless the community development director or the planning commission determines that such use is consistent with one of the permitted use categories listed (e.g. principal use, conditional use, etc.) in accordance with section 9-1-23.

(c)

Table of permitted uses. Table 4.1, "Permitted nonresidential uses", 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 in accordance with section 9-1-23. All uses listed shall be conducted within a completely enclosed building unless specifically provided otherwise in this subarticle. 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)

"U" The use is permitted as a principal or accessory use if a use permit is approved.

(4)

"M" The use is permitted as a principal or accessory use if a minor use permit is approved.

(5)

"T" The use is permitted on a temporary basis if a temporary use permit is approved.

(6)

"X" The use is prohibited in the district.

• (Ord. No. 99-107, § 5, 2-2-99)

TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES

1 Such as supermarkets, warehouse stores, discount stores, stores selling apparel, furniture, appliances, hardware, building materials (except lumber yards), and similar stores selling merchandise to the general public.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2011-163, § 3, 5-3-11; Ord. No. 2016-184, § 2, 10-4-16; Ord. No. 2018-194, § 2, 6-5-18; Ord. No. 2019-197, § 3, 6-4-19; Ord. No. 2021-210, § 31, 8-3-21; Ord. No. 2022216, § 2, 7-19-22; Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

Sec. 9-1-43. - Nonresidential development standards.

All references to this section 9-1-43 shall include sections 9-1-43.1 through 9-1-43.4. These sections set forth standards for the development of property within nonresidential districts, such as minimum setbacks, maximum structure heights, and minimum lot sizes.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 32, 8-3-21)

Sec. 9-1-43.1. - Table of development standards.

Table 4.2, following, and figures 4.1 and 4.2 in section 9-1-44 set forth standards for development of property within nonresidential districts (See section 9-1-33.7 for setbacks for irregular-shaped lots.)

TABLE 4.2: NONRESIDENTIAL DEVELOPMENT STANDARDS

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2022-216, § 4, 7-19-22)

Sec. 9-1-43.2. - Roof and wall projections.

(a)

Architectural projections. The following architectural projections are permitted to encroach into the required setbacks specified in table 4.2 preceding: Roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into any required setback provided such projections do not extend over the property line. Seating windows, balconies, exterior stairways, and similar features shall not encroach into required setbacks.

(b)

Roof projections. Notwithstanding section 9-1-43.3 following, architectural features not containing usable space, such as chimneys, towers, gables, and spires, are permitted to extend ten feet above the maximum structure height set forth in Table 4.2, preceding, if approved as part of a site development permit. Satellite dish or other antennas shall not extend above the maximum structure height specified in table 4.2 (see section 9-1-45.6 for other antenna regulations).

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-43.3. - Measurement of building height.

Unless specifically stated otherwise, for purposes of this Code the maximum height of buildings and other structures shall be defined as the vertical distance from the ground to an imaginary plane above and parallel to the ground. This imaginary plane shall be located at a vertical distance equal to the maximum height for the district measured from ground level, and the building shall not penetrate that plane. "Ground level" shall be defined by the director as that of the following alternatives which results in the imaginary plane being located at the lowest elevation above sea level:

(1)

The finish grades at the exterior walls of an existing or proposed building.

(2)

The existing grades on the site.

The preceding definition of maximum building height is illustrated below:

FIGURE 4.1

==> picture [360 x 194] intentionally omitted <==

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 33, 8-3-21)

Sec. 9-1-43.4. - Irregular lots.

The setback distances specified in section 9-1-43.1 are based on rectangular lots. Nonrectangular lots, lots with three sides or more than four sides, and other nonstandard lots require special measurement of

setbacks in order for the purpose of setback requirements, i.e. the separation of structures from streets and other properties, to be achieved. Rules for measurement of nonstandard lots in nonresidential districts shall be the same as those for residential districts as set forth in section 9-1-33.7.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-44. - Illustration of development standards.

FIGURE 4.2

DEVELOPMENT STANDARDS: CN AND CC DISTRICTS

==> picture [360 x 198] intentionally omitted <==

==> picture [360 x 72] intentionally omitted <==

FIGURE 4.3

DEVELOPMENT STANDARDS: CO, BP, AND PI DISTRICTS

==> picture [360 x 231] intentionally omitted <==

==> picture [360 x 66] intentionally omitted <==

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 34, 8-3-21)

Sec. 9-1-45. - Supplemental nonresidential regulations.

All references to this section 9-1-45 shall include sections 9-1-45.1 through 9-1-45.26. These sections set forth requirements for specialized aspects of land use in nonresidential districts such as fences and walls, sidewalk sales, service stations, etc. These requirements are in addition to the other regulations set forth in this subarticle.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.1. - Parking and signs.

Refer to subarticle 6 for parking regulations and subarticle 7 for sign regulations.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.2. - Fences and walls.

Fence regulations for nonresidential districts shall be the same as those for residential districts as set forth in section 9-1-35.2.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.3. - Landscaping and open area.

(a)

Landscape plans. A landscape plan shall be prepared, approved, and implemented for all development projects. Landscaping shall consist of trees, shrubs, vines, groundcover, or a combination thereof.

(b)

Design guidelines. This section contains basic landscaping requirements. In addition, subarticle 9 (Community Design Guidelines) contains landscaping standards and guidelines relating to project entry landscaping, pedestrian area landscaping, tree preservation, plant selection, and other items.

(c)

Landscaping standards. Landscaping shall be installed and maintained in accordance with the following standards:

(1)

Height of landscaping along all streets and boundaries shall comply with section 9-1-45.2. (Fences and walls).

(2)

Boundary landscaping abutting arterial highways shall be provided to a minimum average depth of 15 feet with a minimum depth of 10 feet, measured from the street right-of-way. However, along arterial highways designated as Scenic Highways in the General Plan (i.e., Crown Valley Parkway, Alicia Parkway, La Paz Road, Moulton Parkway, Street of the Golden Lantern, Pacific Island Drive, Camino del Avion, and Niguel Road south of Crown Valley Parkway) plus Niguel Road north of Crown Valley Parkway, landscaping shall be provided to a minimum depth of 25 feet, measured from the curb.

FIGURE 4.4

==> picture [360 x 236] intentionally omitted <==

(3)

Boundary landscaping abutting public streets other than arterial highways and abutting land zoned for residential use or PR, PI, or OS shall be provided to a minimum average depth of ten feet with a minimum depth of five feet, measured from the street right-of-way.

(4)

Interior landscaping shall be provided over at least five percent of the buildable project area (i.e., area of parcel remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area). At least half that amount (minimum of 2.5 percent) shall be located in parking areas. The remainder shall be located in other interior portions of the project such as next to buildings. Boundary landscaping shall not be credited toward the interior landscaping requirement.

FIGURE 4.5

==> picture [360 x 276] intentionally omitted <==

(5)

All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area.

(6)

Permanent automatic irrigation facilities shall be provided for all landscaped areas. All irrigation systems shall be maintained in proper operating condition. Waterline breaks, head/emitter ruptures, overspray or runoff conditions and other irrigation system failures shall be repaired immediately.

(7)

All landscaping shall be maintained in an orderly, attractive, and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants (including trees) when

necessary, and regular application of appropriate quantities of water to all landscaped areas.

(8)

Modification to an approved landscape plan, or any significant modification to existing landscaped areas, removal, or substantial thinning of landscaping, shall first require the review and approval of a changed plan permit or a discretionary permit amendment as determined by the community development director.

(d)

Mixed-use town center zoning district additional requirements.

(1)

Mixed-use town center landscape requirements. Mixed-use town center development projects shall contain an additional ten percent of landscaping for the entire buildable project area. For purposes of this section, "buildable project area" means the horizontal area within the boundaries of a development project, less slope areas with a ratio of 2:1 or steeper and less minimum boundary landscape requirements.

town center landscape requirements. Mixed-use town center development projects shall contain an additional ten percent of landscaping for the entire buildable project area. For purposes of this section, "buildable project area" means the horizontal area within the boundaries of a development project, less slope areas with a ratio of 2:1 or steeper and less minimum boundary landscape requirements.

(2)

Active and/or passive recreation area requirements. Active recreation and/or passive leisure space shall be provided for each mixed-use project containing residential uses. The required minimum amount of qualifying space for a mixed-use project is 300 square feet per residential unit. The usable open space may be common space accessible to more than one dwelling unit or may be private space for the exclusive use of individual units, subject to the following:

a.

Private outdoor living area. Private usable open space at ground level (e.g., fenced yards, patios) or above ground level (e.g., balconies) shall have a minimum area of 50 square feet and shall have no dimension less than five feet. Private open space must be directly accessible from the individual dwelling.

b.

Common active and/or passive recreation area. Common active and/or passive recreation areas for residents located on the ground level shall be no less than 15 feet wide and 300 square feet in area, with slopes no greater than five percent. Common upper-story decks shall be no less than ten by ten feet in dimension. Roof decks shall be no less than 15 by 15 feet in dimension. No more than 20 percent of the total area required for active and/or passive recreation area may be provided on a roof.

c.

Recreation facilities. Facilities may include swimming pools, spas, and related facilities; clubhouses; tot lots with play equipment; court game facilities such as tennis, basketball, or racquetball; improved softball or other playfields; fitness/gym facilities; or similar facilities for active recreational use.

d.

Outdoor passive leisure space. In order for outdoor passive leisure space to qualify toward the minimum square footage requirement, these outdoor common areas must include resident amenities, such as shaded seating areas or dining courtyards, gathering space with outdoor barbeques, firepits and/or fireplaces, or other similar improvements to enhance the outdoor environment of the development.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 35, 8-3-21; Ord. No. 2022-216, § 3, 7-19-22)

Sec. 9-1-45.4. - Screening.

(a)

Screening required. Screening shall be provided for all nonresidential uses in accordance with this section. The decision making authority may also require screening beyond that required in this section as a condition of approval for a development project if it determines that such measures are necessary to mitigate adverse visual impacts created by the project.

(b)

Definitions. For purposes of this section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen, windscreen, hedge or thick growth of shrubs or trees, other than a building wall. The terms "fence" and "wall" are used interchangeably in this section to mean any or all of the preceding structures or vegetation. "Hedge" or "thick growth of shrubs or trees" means vegetation at least 42 inches high which creates a screen blocking at least 50 percent of the view through the vegetation measured over a horizontal distance of five feet or greater.

(c)

Screening of property. Screening of property shall be installed in accordance with the following standards:

(1)

Height standards. All fence and wall screening shall comply with the height standards of section 9-1-45.2 (Fences and walls).

(2)

Abutting residential and open space areas. Screening shall be installed along all building site boundaries where the premises abut areas zoned for residential or open space uses. Such screening shall be sufficient to provide adequate visual buffering as determined by the director.

(3)

Parking along public streets. Screening shall be installed to shield views of parking areas from public streets. Screening walls or fences may include open portions (tubular steel, wrought iron, etc.) if the decision-making authority determines that the desired screening of parking and circulation areas is still achieved. Screening shall be at least three feet in height at all points but shall be no more than 3.5 feet in height where required for sight distance safety at entries and intersections.

FIGURE 4.6

==> picture [312 x 231] intentionally omitted <==

(4)

Allowance for grade differential. In order to take into account the effect of grade differentials on visibility, the city decision-making authority may require increased or decreased screening than that set forth in this section if the finished elevation of the adjacent property within five feet of the site boundary is different from that of the building site.

FIGURE 4.7

==> picture [312 x 224] intentionally omitted <==

(5)

Wall articulation. Long straight stretches of wall or fence shall be avoided because of the resulting monotonous appearance and lack of visual interest. Walls and fences shall be varied by the use of such design features as offsets (i.e., jogs), open panels (e.g., containing wrought iron) at selected locations, periodic variations in materials, texture, or colors, and similar measures.

(6)

Wall planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the decision-making authority. Plant spacing shall be appropriate to the growth habits of the selected plant species and shall be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. Where the decision-making authority determines that screening is not required, walls may incorporate tubular steel, wrought iron, or other open design.

(7)

Screening materials. Screening shall consist of one or a combination of the following types:

a.

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings.

b.

Solid fences. A solid fence shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. Fences shall be painted or otherwise weathertreated with colors consistent with project buildings.

c.

Open fences. An open weave or mesh-type fence shall be combined with plant materials to form an opaque screen.

d.

Plant screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Permanent automatic irrigation shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, a wall, solid fence, berms, or other landscaping shall be installed.

e.

Berms. A berm shall not be more than 20 feet in width at the base. It shall be constructed of earthen materials, and it shall be landscaped.

(8)

Signs. No signs or sign supports except those specifically allowed in subarticle 7 (Signs) shall be permitted on any required screening.

(d)

Screening of facilities and equipment. Facilities and equipment shall be screened as follows:

(1)

Storage areas. All storage, including cartons, containers, materials, or equipment shall be screened from public view as required by Section 9-1-45.11 (Permanent outdoor display and storage).

(2)

Trash areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with section 9-1-92.2 (Nonresidential site planning). Decorative overhead structures such as trellises shall be integrated into the enclosure design if the trash area is visible from higher terrain.

(3)

Loading areas. Loading platforms and areas shall be screened from view from adjacent streets and residential, open space and recreation areas.

(4)

Mechanical equipment. Roof-mounted mechanical equipment such as air conditioning, heating or ventilating units or ducting shall be screened from a horizontal line of sight. Also, if the building roof is visible from surrounding hillside areas, all roof equipment shall be screened from above. Such screening shall be an integral part of the roof design and not appear as an afterthought. For flat roofs, a screened enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 36, 8-3-21)

Sec. 9-1-45.5. - Detached accessory structures.

(a)

Permitted accessory structures. Detached accessory structures are permitted on nonresidential parcels containing a principal use subject to the requirements of this section.

(b)

Height and placement. Except as specified in subsection (c) of this section, detached accessory structures shall not exceed 15 feet in height and shall not be placed or constructed in the following locations:

(1)

Within a required setback;

(2)

Accessory structures shall be located on the rear 50 percent of the building site, except that minor unenclosed accessory structures, such as arbors, trellises, porte-cocheres, gazebos, and similar minor structures may be located on the front 50 percent of the building site. The distance between the front and rear property lines shall be the basis for determining the rear 50 percent of the property;

(3)

Where fences and walls are limited to a maximum height of 3½ feet as specified in section 9-1-45.2 (Fences and walls);

(4)

Within the panhandle portion of a panhandle building site.

(c)

Setback reductions. The perimeter setback from abutting commercial, office or industrial property for a detached accessory structure may be reduced to five feet if the structure is screened from both street and public parking area views subject to the following requirements:

(1)

Height. The height limit for buildings which are less than ten feet from the property line shall be ten feet.

(2)

Screening. The accessory structure shall be screened from adjacent properties so that there is adequate visual buffering as determined by the director.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.6. - Satellite dish and other antennas.

(a)

Permits required. The following permit requirements apply to antennas in nonresidential districts:

(1)

All antennas require issuance of a building permit.

(2)

Any antenna which is the principal use on a lot shall comply with the district setback standards for main buildings and shall require a use permit.

(3)

Any ground-mounted antenna which does not exceed eight feet in height, meets the setback requirements for a main building and the screening and color requirements of subsection (b) of this section may be permitted as an accessory structure without a use permit. All other antennas require approval of a use permit.

(b)

Development standards. Antennas within nonresidential districts may be ground-mounted or buildingmounted provided the following requirements are met:

(1)

A ground-mounted antenna which is an accessory use shall be located within the rear yard or may be located within a side yard if not within the required side yard setback. Ground-mounted antennas are prohibited from exterior (street) side yards unless not visible from the street.

(2)

Antennas, including roof-mounted antennas, shall not exceed the building height standards for the district in which they are located.

(3)

All antennas shall be screened from both horizontal and vertical line of sight. Decorative overhead structures such as trellises may be required if the antenna is visible from surrounding higher terrain.

(4)

Antennas shall be a single color that blends with the immediate surroundings (e.g., off-white, dark green, brown, gray, or black).

FIGURE 4.8

==> picture [312 x 293] intentionally omitted <==

FIGURE 4.9

==> picture [312 x 210] intentionally omitted <==

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 37, 8-3-21)

A temporary Christmas tree sales facility may be permitted subject to the approval of a temporary use permit and the following requirements:

(1)

The facility shall not be opened for business prior to the day after Thanksgiving in any calendar year, and no structure shall be installed on the site more than ten days before such opening for business.

(2)

Such a facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations.

(3)

The applicant shall secure an electrical permit if the facility is to be energized.

(4)

The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the January 8 following the applicable Christmas holiday. A cash bond or other guarantee may be required to be posted prior to establishment of the facility to ensure cleanup.

(5)

Each facility shall comply with fire prevention standards as approved and enforced by the fire chief.

(6)

Off-street parking and vehicular access shall be provided to the satisfaction of the director.

(7)

Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A-frame signs, are prohibited.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 38, 8-3-21)

Sec. 9-1-45.8. - Halloween pumpkin sales.

A temporary Halloween pumpkin sales facility may be permitted subject to the approval of a temporary use permit and the following requirements:

(1)

The facility shall not be opened for business prior to October 1 in any calendar year, and no structure shall be installed on the site more than ten days before such opening for business.

(2)

Such a facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations.

(3)

The applicant shall secure an electrical permit if the facility is to be energized.

(4)

The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the November 14 following the applicable Halloween holiday. A cash bond or other guarantee may be required to be posted prior to establishment of the facility to ensure cleanup.

(5)

Each facility shall comply with fire prevention standards as approved and enforced by the fire chief.

(6)

Off-street parking and vehicular access shall be provided to the satisfaction of the director.

(7)

Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A-frame signs, are prohibited.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 39, 8-3-21)

Sec. 9-1-45.9. - Produce stands.

A temporary fresh produce sales facility may be permitted during the harvest season subject to the approval of a temporary use permit and the following requirements:

(1)

A fresh produce sales facility shall be open for business only during the season when locally grown produce is harvested and available for sale. The temporary use permit for a fresh produce stand shall include permitted dates of operation, up to a maximum of 90 days.

(2)

Such a facility may not sell items not directly associated with fresh produce.

(3)

The applicant shall secure an electrical permit if the facility is to be energized.

(4)

The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility by the date indicated on the temporary use permit. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup.

(5)

Each facility shall comply with fire prevention standards as approved and enforced by the fire chief.

(6)

Off-street parking and vehicular access shall be provided to the satisfaction of the director.

(7)

Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A-frame signs, and light strings are prohibited.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.10. - Outdoor vendors.

(a)

Definition. Outdoor vendors include flower stands, hotdog stands, ice cream carts, and similar retail uses which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and design which does not interfere with pedestrian movement, vehicle parking or site circulation. This section applies to outdoor venders on private property only, for outdoor venders on public property please refer to municipal code title 5, division 7.

(b)

Use permit required. An outdoor vendor use may be established where permitted per section 9-1-42 (Permitted uses) upon approval of a use permit or minor use permit pursuant to section 9-1-114. All such uses shall comply with the following standards:

(1)

The location of the outdoor vending use shall not interfere with access to adjacent buildings or with pedestrian circulation. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation.

(2)

The outdoor vending site shall not exceed 150 square feet. The vending site includes all areas separated from pedestrian access and used for vending activities, including storage.

(3)

The operator/owner shall obtain other necessary licenses and permits required for such activities by city ordinances.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 40, 8-3-21)

Sec. 9-1-45.11. - Permanent outdoor display and storage.

(a)

Purpose. This section provides regulations for outdoor display and storage in nonresidential districts.

(b)

Where permitted. The display and/or storage of any items outside of an enclosed building is prohibited except where permitted in accordance with this section, section 9-1-42 (Permitted uses), section 9-1-45.10 (Outdoor vendors), section 9-1-45.12 (Sidewalk sales and center-wide events), where permitted by a use permit, or where otherwise permitted by this Code.

(c)

Incidental retail displays. Incidental outdoor displays associated with retail businesses may be permitted in the CN, and CC districts subject to the following requirements:

(1)

A minor use permit shall be approved per section 9-1-114 prior to the establishment of any outdoor display.

(2)

Displays shall focus primarily on decorative items which assist in the identification of a retail business to the public as opposed to the presentation of merchandise for sale. For example, a bookstore's display of selected individual books on a small ornamental handcart might be approvable under this section, but a

table of books for sale would not. (The latter type of display might instead be permitted under the temporary sidewalk sale provisions of section 9-1-45.12.)

(3)

Signs associated with the outdoor display may be allowed in addition to the identification signs permitted in subarticle 7, but only if approved as part of the minor use permit. Such signs shall:

a.

Be integrated into the display;

b.

Not exceed four feet in height or 12 square feet in aggregate area; and

(c)

Be illuminated only if specifically approved as part of the minor use permit. Signs shall conform to the sign design criteria of section 9-1-71.4.

(4)

Displays shall be small-scale and pedestrian-oriented; that is, a maximum of five feet in height and 20 square feet in area.

(5)

Displays shall not impede pedestrian or handicap circulation or access and shall not be located in any parking area, driveway, or vehicular circulation area.

(6)

Displays shall be attractive in appearance and well-maintained, using, for example, ornamental carts, pots, artwork, and similar decorative elements. Displays shall not include clothes racks, cardboard boxes, card tables, or large items such as furniture, mattresses, washers, dryers, refrigerators, or other large appliances.

(d)

Nurseries and similar uses. Permanent outdoor sales areas in conjunction with retail uses such as nurseries and stores with garden supply and similar "outdoor" departments shall comply with the following requirements:

(1)

Fencing. The outdoor sales and display area shall be enclosed by a permanent wall or fence at least four feet high. The color and materials used to fence the area shall be complementary to the color and materials used in buildings on-site. Chain link fencing is not permitted.

(2)

Building design. When the outdoor sales area is an extension of retail uses within an adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an extension of the adjacent building. The design of the building and outdoor area shall appear as a single structure.

(e)

Equipment, lumber and storage yards. Any uncovered equipment and/or materials storage area, including vehicle storage, shall comply with the following regulations:

(1)

Use permit. The establishment of any outdoor equipment or materials storage use shall require approval of a use permit pursuant to section 9-1-114.

(2)

Location. An equipment, material or storage yard use shall only be located where a main building is permitted by the applicable district regulations.

(3)

Screening. Outdoor storage yards shall be screened whenever they abut the boundary of the building site or are located between a building and an abutting street. The screening materials shall be not less than five feet high and shall be in compliance with section 9-1-45.2 (Fences and walls). Screening may consist of one or a combination of the following types:

a.

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick.

b.

Solid fences. A solid fence shall be constructed of wood or other materials to form an opaque screen.

c.

Open fences. An open-weave or mesh-type fence shall be combined with plant materials to form an opaque screen.

d.

Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, as to provide screening having a minimum thickness of two feet within 18 months after initial planting.

(f)

Vehicle sales. The outdoor display and sales of vehicles shall be subject to the approval of a use permit in accordance with section 9-1-114. The use permit shall establish standards for each such facility.

(Ord. No. 99-107, § 5, 2-2-99)

(a)

Purpose. This section provides regulations for:

(1)

Special outdoor center-wide events within commercial center; and

(2)

The temporary outdoor sale of merchandise by individual retail businesses.

(b)

Center-wide events. Special center-wide events include the temporary outdoor display and sale of merchandise, arts and crafts shows, fairs, entertainment, or similar events within a commercial center. Commercial centers may conduct such events subject to the following requirements:

(1)

Events may be held up to four times a year over a maximum of three consecutive days per event. Centers may apply for approval for each event on an individual basis, approval of more than one event on a single application, or approval of an ongoing "special events program" specifying the dates, activities and signage for each event throughout the year.

(2)

Events shall be subject to approval of a temporary use permit. Applications shall be submitted by the commercial center owner or manager.

(3)

The application shall include provision for removal of temporary facilities and cleanup and restoration of the activity site within 24 hours of the conclusion of the event, unless another time limit is specified in the temporary use permit. The city may require a cash bond or other guarantee to be posted to ensure cleanup within the specified time limit.

(4)

The application shall be reviewed by the fire chief and the event shall comply with fire prevention standards and emergency access requirements as specified by the fire chief.

(c)

Sidewalk sales by individual businesses.

(1)

Sidewalk or parking lot sales include the temporary outdoor display and sale, by a retail business, of merchandise which is normally displayed indoors at the same location as the outdoor sale. These sale events are separate from the permanent outdoor display of merchandise provided for in section 9-1-45.11.

(2)

In addition to the center-wide events provided for elsewhere in this section, individual businesses may conduct sidewalk or parking lot sales. Subject to prior written consent of the center management (if applicable) and approval of a temporary use permit, such sales may be conducted up to six times a year over a maximum of three consecutive days per sale. However, in no case shall the combined total of center-wide events plus individual sales for any business exceed six during any calendar year. Businesses may apply for approval of more than one event on a single application or for each event on an individual basis.

(d)

Signs. Temporary signs for special center-wide events and sidewalk/parking lot sales may be permitted as part of the temporary use permit as follows:

(1)

Placement. Signs shall be building-mounted, unless otherwise approved by the director as part of the temporary use permit.

(2)

Center-wide events. For center-wide events, non-illuminated special event signs advertising the special event are permitted with a total aggregate sign area of up to 30 square feet. Signs shall be displayed no longer than ten days per approved event.

(3)

Individual sales. For sidewalk sales by individual businesses, non-illuminated special event signs advertising the sale are permitted with a total aggregate sign area of up to 12 square feet. Signs shall be displayed only on the three days allowed for each approved sale.

(4)

Sign copy. Special event signs shall relate only to the business being conducted on the premises where they are placed.

(e)

General requirements. Sidewalk sales and special center-wide events are permitted only with approval of a temporary use permit and compliance with the following provisions:

(1)

The application for a temporary use permit for a sidewalk sale or a special center-wide event shall specify the location of the temporary uses and show provision for adequate parking, site circulation, and

emergency access.

(2)

Adequate pedestrian and vehicular access shall be maintained around merchandise or displays placed on a sidewalk, walkway, or in parking areas.

(3)

All signs and other materials placed in outdoor areas shall be removed within 24 hours after the close of business on the last day of the event, unless otherwise specified by the director in the temporary use permit. The temporary use permit shall specify the event's expiration date and the removal date of all associated materials.

(4)

Flood, laser, or search lights are not permitted unless approved as part of the temporary use permit.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.13. - Special outdoor events.

(a)

Definition. Special outdoor events are events of a predominantly noncommercial nature including, but not limited to, pageants, fairs, carnivals, religious or entertainment events, and large community gatherings in temporary outdoor facilities.

(b)

General requirements. Special outdoor events are permitted in all nonresidential districts provided the following requirements are met:

(1)

Activities conducted on property owned by or leased to the city and on public road rights-of-way may require an encroachment permit issued by the public works director.

(2)

Events shall not to exceed ten consecutive days. Events recurring more than four times in a calendar year are not considered temporary and shall not be eligible for a temporary use permit.

(c)

Temporary use permit for large events. A temporary use permit shall be required for special outdoor events of 200 people or more, including spectators and participants.

(1)

Applications for temporary use permits shall be referred by the community development department to other affected departments or public agencies for review and comment. Issues including, but not limited to, security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by director, police chief, fire chief or health officer in their administration of other city regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health and tent permits.

(2)

A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required as a condition of the temporary use permit.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.14. - Outdoor lighting.

(a)

Purpose. This section provides standards for outdoor lighting which allow adequate lighting for public safety while minimizing the adverse effects of excessive lighting on adjacent properties and the community. Any artificial lighting installed for any purpose shall be arranged to substantially confine all direct illumination to the subject property and away from streets and adjacent properties.

(b)

Outdoor recreation uses. Any lighted outdoor recreation use shall be subject to the provisions of section 9- 1-35.14 for lighted recreational courts.

(c)

Nonresidential uses. All properties zoned for nonresidential use shall be subject to the outdoor lighting standards of this section. The regulations apply to both security and purely decorative lighting. Outdoor lighting which complies with the following standards shall be permitted as an accessory use. Lighting plans shall include a photometric analysis demonstrating compliance with these lighting intensities and shielding standards. Deviation from the following standards shall require approval of a minor adjustment:

(1)

Intensity. The proposed lighting plan shall represent a minimum level of illumination necessary to meet the aesthetic and security needs of the property. The lighting intensity within parking lots and adjacent areas shall be at least 1.0 footcandle (FC) at all points but shall not exceed an average of 3.0 FC over the entire parking lot, consistent with section 9-1-92.2 (Nonresidential site planning).

(2)

Height. Building-mounted lights shall be installed below the eave line; pole or fence mounted lights shall be located no more than 24 feet above finish grade.

(3)

Location. Lighting shall only be installed adjacent to buildings, walkways, driveways, or activity areas (fountains, patios, seating areas, etc.) and focal landscape areas close to the building entrance or activity area.

(4)

Shielding. All light sources shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. All light sources shall be designed, constructed, mounted, and maintained such that the maximum intensity of illumination, measured 20 feet beyond the project boundary does not exceed 0.2 footcandle more than ambient conditions.

FIGURE 4.10

==> picture [361 x 253] intentionally omitted <==

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 41, 8-3-21)

Caretaker residences may be developed in any nonresidential district for the exclusive use of personnel employed for the maintenance and security of the principal use subject to the approval of a minor use permit pursuant to section 9-1-114 and the following standards:

(1)

The caretaker residence shall be located in a building which complies with all building setbacks established for the district in which it is located.

(2)

The residence shall be no more than 800 square feet in floor area.

(3)

The residence may be a portion of a building primarily devoted to nonresidential uses or may be a separate building. If it is a separate building, the location, design and materials of the residence shall be consistent and integral with the site plan and building design for the principal use.

(4)

Two off-street parking spaces shall be provided in addition to the parking required for the principal use(s).

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.16. - Temporary construction and guard offices.

Construction offices, security quarters, storage yards, large containers, temporary fencing and similar structures on the site of an active construction project may be conditionally permitted with a temporary use permit, subject to the following regulations:

(1)

Placement. The temporary structures shall not be moved onto the site nor otherwise established until issuance of a precise grading permit or, if there is no grading permit, issuance of the building permit.

(2)

Removal. Any trailer or temporary building or structure shall be removed from the site prior to the issuance of a certificate of use and occupancy for the last new building on the site. If the associated project is for grading only, the office shall be removed within 30 days of expiration of the grading permit.

(3)

Conversion. Any permanent structure or portion of a permanent structure devoted to temporary uses shall be converted to a permitted use prior to the issuance of a certificate of use and occupancy for the last new building on the site.

(4)

Use of existing building during construction. The use of an existing lawfully established building may continue during construction or relocation of another building on the same building site upon approval of a temporary use permit and compliance with the following provisions:

a.

Prior to occupancy of a new building, the existing building shall be brought into conformity with any additional regulation rendered applicable by the placement of any new building on the site. Conformity shall be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.

b.

The director shall require the landowner to provide a guarantee, which may include a bond, to ensure full compliance with the zoning regulations upon completion of the new building or sooner if, in the director's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.

(5)

Utilities. The office shall be supplied with an electric meter and sewer and water facilities.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 42, 8-3-21)

Sec. 9-1-45.17. - Relocatable buildings.

A relocatable building or trailer may be permitted to serve as any use permitted in the applicable zoning district subject to the approval of a temporary use permit application and the following additional provisions:

(1)

The temporary use permit application shall include the following:

a.

A description of the proposed uses and operating characteristics for all uses on the site, both temporary and permanent.

b.

A plot plan showing the location of all uses and structures, both temporary and permanent.

c.

Supplementary exhibits, as required by the director to adequately review the proposal, such as building elevations, landscaping, grading, access, and utility service.

(2)

A temporary use permit for a relocatable building or trailer may be conditionally approved and failure to comply with the required conditions shall be grounds for the revocation of the permit.

(3)

A cash bond for each relocatable building or trailer shall be posted with the director to guarantee removal of each coach from the site upon expiration of the temporary use permit.

(4)

A temporary use permit for a relocatable building shall be approved for a maximum of two years from date of approval.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.18. - Vending machines and recycling facilities.

(a)

Vending machines and reverse vending machines. Vending machines for the dispensing of soft drinks, bottled water, candy, and other items, and reverse vending machines for the collection of non-hazardous household materials (e.g. cans, bottles, paper, etc.) for recycling purposes may be established as accessory uses to existing principal uses in any nonresidential district. If located outside of a building, a minor use permit, approved pursuant to section 9-1-114, shall be required for all such machines in all districts. All such outdoor facilities shall comply with the following standards:

(1)

Machines shall be located adjacent to the main building on the site and shall not obstruct pedestrian or vehicular circulation.

(2)

Machines shall not occupy any parking spaces required by the principal use.

(3)

Reverse vending machines shall be clearly signed to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call, if the machine is inoperative. Sign area shall be limited to four square feet per machine, located on the machine.

(4)

Reverse vending machines shall be maintained on a daily basis and kept free of litter, odor, and other nuisances. A trash receptacle shall be located adjacent to the machine(s) for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the recycling facility at least once every week.

(b)

Drop-off bins. Drop-off bins for the collection of non-hazardous household materials (e.g. cans, bottles, paper, etc.) for recycling purposes may be established as an accessory use to an existing principal use in any nonresidential district. If located outside of a building, a minor use permit, approved pursuant to section 9-1-114, shall be required for drop-off bins in the CN, CC, and CO districts. All such outdoor facilities shall comply with the following standards:

(1)

The drop-off facility shall be no larger than 500 square feet, not including space that is periodically used to remove materials or replace containers. It shall comply with the building setbacks for the district and shall not occupy parking spaces required by the principal use.

(2)

The facility shall be screened from view from public streets, primary parking areas, and property zoned for residential use.

(3)

The facility shall not obstruct pedestrian, vehicular, and emergency access.

(4)

The containers (bins) shall be constructed and maintained with durable waterproof and rustproof materials, covered and secured from unauthorized entry or removal of materials when the facility is closed, and shall be large enough to accommodate the materials collected and the collection schedule. Any deposit or storage of materials outside of the containers is prohibited.

(5)

The installation shall be maintained on a daily basis and kept free of litter, odor, and other nuisances. A trash receptacle shall be located adjacent to the drop-off facility for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the drop-off facility at least once a week.

(6)

Facilities within 100 feet of a property zoned or occupied by residential uses shall operate only between the hours of 9:00 a.m. and 7:00 p.m.

(7)

Containers shall be clearly marked to identify the type of materials which may be deposited; the facility shall be clearly identified with the name and telephone number of the operator and hours of operation, and display a notice that no material shall be left outside the recycling enclosure or containers. Total signage shall not exceed 16 square feet and shall not be illuminated.

(c)

Recycling collection centers. Recycling collection centers may be permitted in the BP district with approval of a use permit pursuant to section 9-1-114. Such facilities may accommodate non-hazardous recyclable materials collection and packaging for bulk transport only. Any activity involving hazardous materials or waste shall be subject to the provisions of section 9-1-45.22 (Hazardous waste and materials). No reprocessing or recycling of materials into new products shall be permitted. All such facilities shall comply with the following standards:

(1)

The collection center shall be screened from public view via placement in an enclosed building or a screened outdoor yard on a site which complies with the screening standards of section 9-1-45.4.

(2)

The facility shall comply with the setback requirements of the base zoning district pursuant to section 9-143.

(3)

All exterior storage of materials shall be in sturdy containers and the facility shall be secured from unauthorized entry or removal of materials when the facility is closed. Any containers provided for afterhours drop-off shall comply with the standards for drop-off facilities set forth in paragraph (b) of this section.

(4)

The facility shall be maintained free of odor, litter and other nuisances at all times.

(5)

If the facility accommodates public drop-off of materials, separate access routes and parking/unloading areas shall be provided for public drop-off and for commercial truck traffic.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.19. - Trash and recyclable materials storage.

(a)

Purpose. This section is intended to implement the provisions of state public resources code section 42900 et seq which requires local jurisdictions to provide regulations governing adequate areas for collection and loading of recyclable materials in multiple family residential and nonresidential development projects. This section also addresses the related subject of common trash areas in such projects.

(b)

Recycling containers required. In addition to standard trash receptacles, recyclable materials receptacles of sufficient volume to meet the needs of the project shall be provided by the following developments:

(1)

Any new multiple family residential with five or more units and a common solid waste collection area;

(2)

Any new single-family residential area with a common solid waste collection area serving five or more units;

(3)

Any new nonresidential project; and,

(4)

Any existing multiple family project of five or more units, or nonresidential project which expands by 30 percent or more in floor area.

(c)

Recycling plan required. Each nonresidential development which is required to provide recycling containers under the provisions of this section shall submit a recycling plan to be processed in conjunction with the site development permit pursuant to section 9-1-114. The recycling plan shall include a description of the anticipated materials and volumes to be recycled and a description of the facilities to be provided for collecting general refuse and recyclable materials.

(d)

Trash enclosure required. Attached and multifamily residential projects with common trash areas and nonresidential developments shall locate trash and recyclable materials containers within a solid covered and enclosed area. Enclosures for trash and recycling containers shall comply with the following standards:

(1)

Enclosure placement. Separate receptacles shall be provided for all required trash and recyclable materials in all districts. All enclosures shall be:

a.

Located within 250 feet of all businesses or dwelling units served by the enclosure.

b.

Located substantially away from public view, pedestrian and vehicle circulation areas unless determined infeasible by the decision-making authority; and,

c.

Directly available to collection vehicles via alleys or driveways to avoid the necessity of substantial hand carrying of containers or hand pushing of dumpsters.

FIGURE 4.11

==> picture [360 x 184] intentionally omitted <==

(2)

Enclosure design. Enclosures shall be constructed on a concrete pad and be of an adequate size to accommodate the containers they enclose per disposal company standards. Access to the containers for collection shall also meet disposal company requirements. Enclosure walls shall be at least six feet high and shall be made of strong durable materials consistent with the colors and finishes of nearby buildings. Doors shall be self-latching, metal or metal-framed, and of heavy duty construction sufficient to withstand hard usage. Interior concrete or metal curbs shall be included to prevent damage to the enclosures walls from dumpsters or other containers. Enclosures shall be visually softened by means of vine and/or shrub plantings. Decorative overhead structures such as trellises shall be integrated into the design if the enclosure is visible from higher terrain.

(e)

Weather protection. Each enclosure or individual container shall be designed and maintained so that deposited materials are contained during windy periods. Enclosures or containers designated for recyclable materials which could be damaged or be rendered unmarketable by rain or other environmental conditions shall provide adequate protection against such conditions.

(f)

Maintenance. Each enclosure shall be maintained to preserve its appearance and function and to minimize litter, odor and other nuisances. Trash and recyclables shall be collected regularly.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 43, 8-3-21)

Noise shall be regulated in nonresidential districts by the city's noise control ordinance (section 6-6 of this Code), which provides noise control standards for all districts in the city in order to prevent excessive sound levels which are detrimental to the public health, welfare and safety, or which are contrary to the public interest.

(Ord. No. 99-107, § 5, 2-2-99)

All uses and developed properties within any nonresidential district shall comply with the following standards for development, operation and maintenance.

(1)

Equipment. All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties.

(2)

Utilities. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider.

(3)

Electrical disturbance, heat and cold, glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot.

(4)

Fire and explosive hazard. All storage of and activities involving flammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications of the uniform fire code. All incineration is prohibited. Smoke detectors shall be installed in all new construction as required by city code.

(5)

Radioactivity. In all nonresidential districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical x-ray diagnostic equipment.

(6)

Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located.

(7)

Energy conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access when practical.

(8)

Toxic materials. No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials.

(9)

Liquid or solid waste. No discharge of liquid or solid wastes, at any point into public sewer, private sewage system, stream, storm drain or into the ground shall be permitted, except in accordance with the standards approved by the state department of health and/or specified by the sewage utility provider. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, such as wind or rain. Any wastes which could be attractive to rodents or insects shall be stored outdoors only in closed containers.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 44, 8-3-21)

Sec. 9-1-45.22. - Hazardous waste and materials.

(a)

Hazardous materials. In addition to the requirements for each zoning district, the following requirements apply to the land uses listed in subsection (b) of this section:

(1)

Hazardous materials disclosure requirements. Prior to issuance of a certificate of occupancy for any land use listed in paragraph (2) of this subsection, the applicant shall comply with title 6, division 3, article 4 of this Code in a manner approved by the fire chief.

(2)

Hazardous waste management. Prior to issuance of a certificate of occupancy for any land use listed in paragraph (2) of this subsection, the applicant shall provide plans or identify measures to comply with health and safety code section 25100 et seq. and administrative code title 22 in a manner approved by the health care agency and sewering agency.

(3)

Underground storage tanks. Prior to issuance of a certificate of occupancy for any land use which includes underground tanks to store any hazardous materials, the applicant shall provide plans or identify measures to comply with health and safety code section 25280 et seq. and administrative code title 23 in a manner approved by the health care agency.

(b)

Applicability. The requirements of subsection (a) pertaining to hazardous materials shall apply to the following land uses:

(1)

Automotive and vehicle maintenance, repair or painting.

(2)

Chemical and commercial cleaning product distribution or sales.

(3)

Cleaners, self-service laundries and vehicle washes.

(4)

Home improvement product, lumber and hardware sales.

(5)

Manufacturing.

(6)

Medical facilities.

(7)

Metal plating.

(8)

Mining and extraction.

(9)

Nurseries.

(10)

Oil and gas exploration and extraction.

(11)

Paint and finishing product sales.

(12)

Photo processing.

(13)

Recreation facilities such as golf courses, yacht clubs and amusement parks.

(14)

Recycling or resource recovery with potential for contact with hazardous materials.

(15)

Research, laboratory and testing facilities.

(16)

Service stations.

(17)

Transportation service facilities.

(18)

Utilities.

(19)

Waste disposal and treatment operations.

(20)

Wrecking and salvage facilities.

(21)

Other generation of hazardous waste, including materials to be disposed of by sanitary sewer.

(c)

Offsite hazardous waste facilities.

(1)

Offsite hazardous waste facilities may be established in the BP district if a use permit is approved in accordance with section 9-1-114. Such facilities shall be subject to the requirements of subsection (c) of this section. In addition, all such facilities shall comply with the siting standards and approval procedures established by the Orange County hazardous waste management plan and shall be subject to the provisions of section 25135 et seq. of the state health and safety code.

(2)

Definition. For the purposes of this section, the term "offsite hazardous waste facility" means any structures, other appurtenances or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to:

a.

Incineration facilities (i.e. rotary kiln, fluid bed, etc.);

b.

Residual repository (i.e. receiving only residuals from hazardous waste treatment facilities);

c.

Stabilization/solidification facilities;

d.

Chemical oxidation facilities;

e.

Neutralization/precipitation facilities; or

f.

Transfer/storage facilities.

(d)

Authority to suspend operations approval of any hazardous waste treatment, storage, disposal or transfer facility as a use consistent with the purpose and intent of any zoning district shall be subject to the requirement that continuing authority be vested in the fire department or health care agency to suspend operations for public safety reasons.

(Ord. No. 99-107, § 5, 2-2-99)

(a)

Use permit required. All gas and service stations shall require approval of a use permit and comply with the use and design standards of this section. All uses to be placed on the service station site (e.g., minimarket, sale of alcoholic beverages, etc.) must be specifically included in the use permit approval.

(b)

Signs. Service station signage shall be in accordance with subarticle 7.

(c)

Hazardous materials. All service stations shall comply with the requirements of section 9-1-45.22 pertaining to hazardous materials and underground storage tanks.

(d)

Standards for service stations without repair facilities.

(1)

Permitted uses. Permitted uses include sale of petroleum products, including fuel and oil, related automotive accessories, and similar retail uses. The following are specifically prohibited: Sale of tires and batteries, and similar products for which necessary facilities for installation and disposal of used materials are not present; automobile or equipment repair, storage, or renting. All retail uses except petroleum dispensing shall occur within a building and all service uses shall occur in a specific location designated in the approved use permit.

(2)

Storage and display. All merchandise shall be stored and displayed within the service station building.

(3)

Screening. An opaque screen at least six feet in height shall be installed along all site boundaries which abut residentially zoned properties. Screening along all street boundaries shall be a minimum of 36 in. high, including any site elevation difference. Screening shall consist of a wall, retaining walls, an earthen berm with landscaping or any combination thereof. All screening shall comply with the height standards of section 9-1-45.2 pertaining to walls and fences.

FIGURE 4.12

==> picture [360 x 213] intentionally omitted <==

(e)

Standards for service stations with repair facilities.

(1)

Additional uses permitted. Permitted uses include those for service stations without repair facilities plus minor vehicle service and repair (e.g., tune-up, lubrication, battery and tire sales and service). The following uses are specifically prohibited: Major repair and rebuilding, transmission repair, auto body repair or painting, automobile or equipment storage or renting. All retail and repair uses except petroleum dispensing shall occur within a building and all non-repair service uses shall occur in a specific location designated in the approved use permit.

(2)

Storage and display. All merchandise shall be stored and displayed within the service station building.

(3)

Reverse mode required. All service stations which include service bays shall be designed in the "reverse" or "backup" mode, i.e., service bay openings oriented away from streets.

(4)

Screening. Screening requirements shall be the same as for service stations without service bays.

(f)

Removal of abandoned stations. Any service station which is closed for more than 12 consecutive months shall be deemed abandoned and shall be removed from the site at the expense of the property owner including the removal of buildings and structures and all underground storage tanks and any necessary site remediation due to tank leakage or other aspects of the service station use.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 45, 8-3-21)

Child day care centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility:

(1)

A use permit shall be required to establish a child day care center in accordance with section 9-1-114. In addition, all facilities shall comply with this section and with any additional requirements imposed as part of the use permit or by any other applicable permit.

(2)

All facilities shall be operated in accordance with state and local health, safety, and other regulations.

(3)

Outdoor activities shall be limited to the hours between 8:30 a.m. and 7:00 p.m.

(4)

All facilities shall provide an onsite pickup/dropoff area. In addition, there shall be an onsite vehicle turnaround or alternatively, separate vehicle entrance and exit points.

(5)

All parking, signs, and outdoor lighting shall comply with the applicable regulations set forth in subarticles 6 and 7 and section 9-1-45.14, respectively.

(6)

All facilities shall comply with the development standards of the district in which they are located, as set forth in section 9-1-43.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.25. - Single room occupancy (SRO) hotels.

Single room occupancy hotels (SRO's) shall conform to the following requirements:

(1)

Occupancy shall be limited to maximum two persons per unit. Minimum unit sizes (not including toilet compartment) shall be:

a.

One person: 150 square feet.

b.

Two persons: 175 square feet.

(2)

Each SRO unit shall be provided with the following minimum amenities:

a.

Kitchen sink with garbage disposal.

b.

A toilet and sink located in a separate room within the unit that is a minimum 20 sq/ft.

c.

One closet per person.

d.

Telephone and cable TV hookups.

(3)

If full bathrooms are not provided in each unit, shared showers shall be provided on each floor at a ratio of one per seven occupants or fraction thereof on the same floor, with doors lockable from the inside.

(4)

If full kitchens are not provided in each unit, shared kitchen facilities shall be provided on each floor consisting of a range, sink with garbage disposal, and refrigerator.

(5)

If laundry facilities are not provided in each unit, common laundry facilities shall be provided, with one washer and one dryer for every 25 units for the first 100 units and one washer and one dryer for every 50 units over 100.

(6)

Elevators shall be required for SRO's of two or more stories.

(7)

A manual fire alarm system and a fully automatic fire suppression system, including a central monitoring system, alarm and fire annunciator, shall be designed and installed to the satisfaction of the fire chief.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.26. - Bus stop benches and shelters.

The erection, placement, construction and maintenance of bus benches and bus shelters are regulated by section 7-1-120 et seq. of this Code.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-45.27. - Emergency shelters.

(a)

Purpose and intent. The overall design, construction, appearance, operation and maintenance of the emergency shelter facility should provide an environment that is safe, secure, functional, and compatible with the surrounding community

(b)

Requirements. The emergency shelter shall comply with the following:

(1)

Structure. The structure in which and the lot on which an emergency shelter is established must comply with all standards that apply to a structure and lot in the same zone, unless preempted by state law.

(2)

Emergency shelter permit. A ministerial, streamlined administrative permit is required to operate an

emergency shelter under this section. The applicant must complete the form provided by the city and pay the fee to cover the city's cost of processing the application and administering the permit program as established by council resolution.

(3)

Maximum number of persons/beds. The shelter may serve no more than ten persons per night unless state law requires a different limitation greater than ten, in which case the shelter may serve no more than the number of persons required by state law.

(4)

Parking ratio. Subject to Government Code Section 65583(a)(4)(A)(ii), on-site parking shall be supplied at a ratio of not less than one space for every employee in the largest shift.

(5)

Management and operational standards. Emergency shelters shall be managed and operated in conformance with the following objective standards:

a.

No shelter is permitted within 300 feet of another.

b.

No resident may stay for more than 180 nights in a calendar year.

c.

Hours of operation. The emergency shelter may only operate between 5:00 p.m. and 8:00 a.m. daily.

d.

The emergency shelter shall provide the following mandatory facilities: A separate interior intake area of no less than 250 square feet; an exterior on site waiting area of no less than 200 square feet and screened from all public right-of-way areas with landscaping to the extent feasible; office areas for administrative purposes; restrooms; and general storage.

e.

Lighting. Outdoor lighting shall be provided in active pedestrian areas, including sidewalks, pathways, and driveways. All lighting must be stationary and permanent. Outdoor lighting must otherwise comply with all applicable general standards set forth in Section 9-1-45.14.

f.

Onsite facility management shall include the following:

1.

The facility shall prepare and file a management plan with the City that includes operational rules and standards, including, but not limited to, provisions for staff training; neighborhood outreach; screening of residents; eligibility and admission procedures; operating schedule; rules regarding smoking, access to the facility, visitors, and guests; and a written policy outlining the consequences of rules and violations.

2.

There shall be at least one qualified on-site manager and one security guard for every ten occupants during all hours when the emergency shelter is in operation. The on-site manager shall have the authority to enforce the management plan and all rules set forth therein, and to ensure compliance with all development and management standards.

3.

The facility shall clearly post written eligibility and admission policies and procedures as well as dates, times, and services available, and shall make a copy available for inspection by the City or any member of the public upon request.

(Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

Sec. 9-1-45.28. - Low barrier navigation centers.

(a)

Purpose. The purpose of this section is to comply with California Government Code Section 65660 et seq. regarding Low Barrier Navigation Centers (hereafter referred to as "LBNCs," and each singularly an "LBNC").

(b)

Allowed zones. LBNCs that comply with the provisions of subsection (c) below are permitted by right in areas that are zoned for mixed use and in nonresidential zones that permit multifamily uses.

(c)

Operational and development standards. LBNCs must comply with all of the following:

(1)

Structure. The structure in which and the lot on which an LBNC is established must comply with all standards that apply to a structure and lot in the same zone, unless preempted by state law.

(2)

Streamlined administrative review procedures. A streamlined administrative LBNC permit is required to establish or operate an LBNC. An application for an LBNC permit is reviewed and processed ministerially, without discretionary review or a hearing. The Director of Community Development or the Director's designee will notify an applicant whether the application is complete within 30 days of submittal. Action on the application be taken within 60 days of when the application is determined to be complete.

a.

Separation. No LBNC may be established or operated at any location that is less than 300 feet from another LBNC or emergency shelter.

b.

Operational services. As required by Government Code Section 65662, each LBNC must satisfy each of the following:

1.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.

It links to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the State Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3.

It complies Chapter 6.5 (commencing with Section 8255) of Division 8 of the State Welfare and Institutions Code.

4.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the State Code of Federal Regulations.

c.

On-site personnel. There shall be at least one qualified on-site manager and one security guard for every ten occupants during all hours when the LBNC is in operation. The on-site manager shall have the authority to enforce the management plan and all rules set forth therein, and to ensure compliance with all development and management standards.

d.

Maximum number of persons/beds. The LBNC may serve no more than ten persons per night unless state law requires a different limitation greater than ten, in which case the LBNC may serve no more than the number of persons required by state law.

(d)

Sunset.

(1)

Subject to subsection (e)(2) below, this section remains in effect until January 1, 2027, and as of that date is repealed.

(2)

If the Legislature amends Government Code Section 65668 to extend the effective date of Government Code Section 65660 et seq., then this section remains in effect until the date on which Government Code Section 65660 et seq. is repealed.

(Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

Secs. 9-1-46—9-1-49. - Reserved. SUBARTICLE 5. - SPECIAL PURPOSE REGULATIONS

Sec. 9-1-50. - Purpose and intent.

All references to section 9-1-50 include sections 9-1-50.1 through 9-1-50.6. These sections set forth the purpose and intent of each of the special purpose districts and regulations.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-50.1. - PR parks and recreation district.

Purpose and intent. To provide for the development and preservation of public and private parks and associated recreation facilities within open space areas.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-50.2. - OS open space district.

Purpose and intent. To preserve and protect open space areas for the purposes of passive recreation, visual enhancement, and resource conservation.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-50.3. - MC managed care overlay district.

Purpose and intent. To provide for and regulate specialized housing providing a range of managed care to meet the physical and social needs of senior citizens and persons requiring specialized care or assistance.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-50.4. - FP floodplain overlay district.

Purpose and intent. To protect life and property from flood flows and to establish criteria for land use consistent with state law and with the criteria promulgated by the Federal Emergency Management Agency.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-50.5. - Adult-oriented business regulations.

Purpose and intent. As set forth in subsection 9-1-54.4(a).

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-50.6. - Fuel modification regulations.

Purpose and intent. To limit danger to life and property from wildland fires by reducing combustible vegetation and imposing additional construction standards for areas at risk.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-51. - Types of special purpose districts and regulations.

(a)

Base districts. The PR and OS districts are base districts designed to provide for park, recreation, and open space land uses.

(b)

Overlay districts. The MC and FP districts are overlay districts. These overlay districts are to be used in combination with a base district (such as RS, CC, PR, OS, etc.) in order to regulate certain special aspects of land use in the interests of public safety and environmental protection. In cases where there is a conflict between the regulations of an overlay district and its underlying base district, the overlay district regulations shall control.

(c)

Overlay zoning designations. When an overlay district is used, the zoning designation shall consist of the base district symbol followed by the applicable overlay district symbol(s) enclosed in parentheses. For example: RS (MC) (FP).

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-52. - Permitted uses.

(a)

Development permits required. Table 5.1 of this section specifies whether a use or structure is permitted within a zoning district. In most cases, development to establish a land use requires approval of a site development permit and/or other permits as set forth in subarticle 11.

(b)

Table of permitted uses. Table 5.1, "Permitted uses in special purpose districts", following, specifies those uses and structures which are permitted within each special purpose district. 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)

"U" The use is permitted as a principal or accessory use if a use permit is approved.

(4)

"T" The use is permitted on a temporary basis if a temporary use permit is approved.

(5)

"X" The use is prohibited in the district.

(c)

Compatibility with base district uses. Overlay districts shall be located on the official zoning Map only in areas where the land uses permitted by the overlay district are compatible with existing uses in the area where the overlay is applied.

TABLE 5.1. PERMITTED USES IN SPECIAL PURPOSE DISTRICTS.

• As permitted in the underlying base district, subject to the additional requirements of the overlay district.

** Adult-oriented businesses are permitted only with approval of an adult-oriented business regulatory permit per Municipal code section 5-1-11 et seq.

*** Managed care projects are permitted only with the "MC" overlay designation and approval of a use permit.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2011-163, § 3, 5-3-11; Ord. No. 2016-184, § 2, 10-4-16; Ord. No. 2021-210, § 46, 8-3-21)

Sec. 9-1-53. - Special purpose development standards.

Table 5.2, following, contains standards for development of property within special purpose districts:

TABLE 5.2: SPECIAL PURPOSE DEVELOPMENT STANDARDS

• As provided in the applicable base district, subject to the additional requirements of the overlay district.

** Minimum landscaped setback from any scenic highway curbline = 25 feet.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-54. - Supplemental special purpose regulations.

All references to this section 9-1-54 shall include sections 9-1-54.1 through 9-1-54.5. These sections set forth requirements for specialized aspects of land use in areas regulated by this subarticle, such as flood and fire hazard reduction measures, adult-oriented businesses, etc. These requirements are in addition to the other regulations set forth in this subarticle.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-54.1. - Parks and recreation and open space districts.

The permitted uses and development standards for the PR parks and recreation and the OS open space districts are set forth in sections 9-1-52 and 9-1-53. Where the two districts are adjacent, the boundaries between the two on the official zoning map shall be considered approximate in order to provide flexibility for the placement of open space and recreational areas and facilities.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-54.2. - MC managed care overlay district.

(a)

Boundaries of MC overlay district. The boundaries of the MC overlay district are as shown on the official zoning map. The MC overlay district may be applied only in combination with the RM multifamily, CN neighborhood commercial, CC community commercial, and PI public institutional districts.

(b)

Locational criteria. The MC district shall be applied as an overlay within the preceding base districts, only to properties or areas where managed care projects will be compatible with surrounding uses in terms of noise, traffic, visual impacts, living environment for managed care residents, and the ability of nearby nonresidential uses to carry on normal activities necessary to their viability.

(c)

Applicability. The MC overlay district is intended to provide for specialized housing which offers a range of managed care to meet the physical and social needs of senior citizens and persons requiring specialized care or assistance. "Managed care" projects or facilities include the following:

(1)

Assisted living facilities: Facilities providing care on a monthly basis or longer which are the primary residences of the people served. Such facilities provide services to residents such as the following: Dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for

the exclusive use of the occupants of the facility. Such facilities may be located in more than one building and/or on contiguous parcels within the building site.

(2)

Convalescent hospitals: Facilities licensed by the state department of health services which provide bed and ambulatory care for seven or more patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A "convalescent hospital" may also be known as a nursing home, convalescent home, rest home, or home for the aged.

(3)

Residential care facilities for the elderly: Facilities defined in section 1569.2 of the state health and safety code, plus Alzheimer's care facilities.

(d)

Use permit required. Managed care projects within the MC overlay district shall require approval of a use permit by the planning commission in accordance with section 9-1-114.

(e)

Requirements. Managed care projects shall meet the following requirements:

(1)

The housing facility shall be specially designed to provide the care described in paragraph (c) of this section and to meet the physical and social needs of senior citizens and persons requiring specialized care or assistance.

(2)

The housing facility shall provide a useable multipurpose room where communal activities, including but not limited to, dining may be conducted.

(3)

The housing facility shall provide emergency alert systems in each unit to notify the on-site staff that assistance is needed.

(4)

A housing facility staff member shall be on-site at all times to assist residents in emergencies.

(5)

The facility management shall coordinate social services for residents which includes meals and transportation. The service may be provided by the facility management or an outside agency.

(6)

The on-site facility management shall maintain current records pertaining to the resident's doctor and emergency contacts.

(7)

All managed care projects located within the MC overlay district shall comply with the development standards of the base zoning district and shall comply with the design guidelines of subarticle 9.

(8)

Projects proposed within the MC overlay district shall include a parking analysis to determine the parking demand for the specific project.

(f)

Local park code exemption. Managed care projects located within the MC overlay district are exempt from the regulations set forth in the city's local park code.

(g)

Use classification. Managed care projects shall not be considered a residential use for the purpose of allocating dwelling units within the land use element of the general plan.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 47, 8-3-21)

Sec. 9-1-54.3. - FP floodplain overlay district.

(a)

Boundaries of FP overlay district. The FP district shall include all areas within the city that are designated as "special flood hazard areas inundated by 100-year flood" on the flood insurance rate maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the "A", "AE", "AH", "AO", and "A99" flood hazard zones. The boundaries of the FP district are as shown on the official zoning map.

(b)

Prohibition of construction in floodways. Floodway areas shown on FIRM maps are special flood hazard areas which carry high velocity flood waters, debris, and erosion potential. Therefore, except for necessary public improvements, no fill, structures, or other development shall be permitted within floodways.

(c)

Flood hazard reduction requirements. The following flood hazard reduction measures shall be required of all construction within the FP district:

(1)

Impact on 100-year flood elevations. New construction shall not increase the water surface elevation of the projected 100-year flood more than one foot at any point. Also, new construction shall not create nor

exacerbate erosive velocities within special flood hazard areas. The city may require certification by a registered professional engineer that these requirements are met.

(2)

Finish floor elevation. The finish floor elevation of the lowest floor of all new buildings shall be at least one foot above the 100-year or base flood elevation shown on the FIRM map. If no base flood elevation is shown on the FIRM map, the city may require certification by a registered professional engineer that the finish floor elevation requirement is satisfied.

(3)

Anchoring. All new structures shall be anchored to prevent collapse, flotation, or lateral movement from hydrostatic and hydrodynamic loading.

(4)

Water and sewer systems. All new and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

(5)

Electrical, plumbing, and heating systems. All new and replacement electrical, plumbing and heating equipment shall be designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(6)

Drainage. On slopes, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(d)

Permit procedures. Proposed construction within the FP district shall require approval of a site development permit in accordance with section 9-1-114 and any other permits required by the base district regulations. In addition, the following requirements shall be satisfied:

(1)

Plans and studies. Site development permit applications shall be accompanied by detailed studies and plans sufficient to show to the satisfaction of the public Works director that proposed structures are safe from flood flows, that there will be no resulting increase in base flood elevation, and that all other requirements of subsection (c), preceding, have been or will be satisfied.

(2)

Requirements of other public agencies. The application shall include evidence of compliance with applicable requirements of federal and other agencies, such as the U.S. Army Corps of Engineers and the Orange County flood control district.

(Ord. No. 99-107, § 5, 2-2-99)

(a)

Purpose and intent. It is the intent of this section to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adultoriented businesses causes an increase in the number of transients in the area, and an increase in crime and, in addition to the effects described above, can cause other businesses and residents to move elsewhere. It is therefore the purpose of this section to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

(b)

Definitions.

(1)

Establishment of an adult-oriented business. As used herein, to "establish" an adult-oriented business shall mean and include any of the following:

a.

The opening or commencement of any adult-oriented business as a new business;

b.

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

c.

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

d.

The relocation of any such adult-oriented business.

(2)

Specified anatomical areas. As used herein, "specified anatomical areas" shall mean and include any of the following:

a.

Less than completely and opaquely covered human:

1.

Genitals or pubic region;

2.

Buttocks; and

3.

Female breasts below a point immediately above the top of the areola;

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

c.

Any device, costume or covering that simulates any of the body parts included in subdivisions (a) or (b) above.

(3)

Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

b.

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated;

d.

Excretory functions as part of or in connection with any of the other activities described in subdivision (1) through (3) of this subsection.

(4)

Adult-oriented businesses. As used herein, "adult-oriented businesses" means any one of the following:

a.

Adult arcade. The term "adult arcade" as used in this section, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

b.

Adult bookstore. The term "adult bookstore" as used in this section, is an establishment that has 30 percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas, or of adult merchandise.

c.

Adult cabaret. The term "adult cabaret" as used in this section, means a nightclub, restaurant, or similar business establishment which:

1.

Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities;

2.

Which regularly features persons who appear semi-nude; and/or

3.

Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction of specified sexual activities or specified anatomical areas.

d.

Adult hotel/motel. The term "adult hotel/motel" as used in this section, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which:

1.

Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and

2.

Rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

e.

Adult merchandise store. The term "adult merchandise store" as used in this section, is an establishment for which 30 percent or more of its merchandise is adult-oriented merchandise.

f.

Adult motion picture theater. The term "adult motion picture theater" as used in this section, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

g.

Adult theater. The term "adult theater" as used in this section, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

h.

Modeling studio. The term "modeling studio" as used in this section, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

(5)

Adult-oriented merchandise. The term "adult-oriented merchandise" shall mean sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: Dildos, auto sucks, sexuallyoriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

(6)

Church. The term "church" as used in this section, is a structure which is used primarily for religious worship and related religious activities.

(7)

Distinguished or characterized by an emphasis upon. As used in this article, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina (1981) 115 Cal.App.3d 151.

(8)

Regularly features. The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three (3) or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(9)

Park. The term "park" as used in this section, means the areas and facilities of parks that are used by children for recreational activities, including, but not limited to, baseball, softball, and soccer fields, other areas used for playing fields, basketball and volleyball courts, tot lots with playground equipment, similar facilities, and hiking and walking trails.

(10)

School. The term "school" as used in this section, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the state education code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(11)

Semi-nude. Means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(c)

Zoning and minimum proximity requirements.

(1)

No adult-oriented business shall be established or located in any zoning district, zone or area in the city except for commercially-zoned areas north of Aliso Creek Road and west of Moulton Parkway and except

for those areas designated for commercial and industrial uses in planning areas A13, A14, B5, and U1 of the Laguna Niguel Planned Community. Notwithstanding the previous sentence, no adult-oriented business shall be established on the parcel identified as 28100 and 28150 Cabot Road and otherwise known as the Mission Equities Restaurant site which is in planning area B5 of the Laguna Niguel Planned Community.

(2)

In addition to the zoning requirements set forth herein, no adult-oriented business shall be established or located within certain distances of certain specified land uses or zones as set forth below:

a.

No such business shall be established or located within 1,000 feet of any other adult-oriented business.

b.

No such business shall be established or located within 500 feet of any existing residential zone or use.

c.

No such business shall be established or located within 1,000 feet of any existing park, church, or school utilized by minors.

d.

The distances set forth above shall be measured as a radius from the primary entrance of the adultoriented business to the property lines of the property so zoned or used without regard to intervening structures, except as for parks, the distances shall be measured to the location of the active areas of the parks.

(3)

No adult-oriented business shall be established, located, operated or maintained in any zoning district, zone or area in which such businesses are allowed unless and until the permits for such businesses that are required by division 5 of title 5 (sections 5-1-11 et seq.) of this Code have been obtained.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-54.5. - Fuel modification regulations.

(a)

Applicability. The fuel modification regulations set forth in this section shall apply whenever a fuel modification plan has been required as a condition of development approval or through other requirements.

(b)

Review requirements. Fuel modifications plans, and revisions to fuel modification plans, shall be reviewed and approved by the fire authority and director.

(c)

Fuel modification requirements. Areas where fuel modification is required shall consist of the following fuel modification zones:

(1)

A substantially flat "setback zone" with no combustible construction.

(2)

Beyond the setback zone, a permanently landscaped and irrigated "wet zone."

(3)

Beyond the wet zone, one or more "thinning zones" in which natural vegetation is thinned and dead or dying vegetation is removed.

(d)

No encroachment into fuel modification zones. Fuel modification zones established on an approved fuel modification plan shall have the same force and effect as regulations set forth in the text of this zoning code.

(1)

No structure shall be placed within any fuel modification zone, except approved fencing, unless a minor adjustment is approved in accordance with Section 9-1-114 for encroachment.

(2)

If such a minor adjustment is approved, such conditions of approval shall be imposed as may be deemed necessary to mitigate wildland fire hazard. Such conditions may include, but are not limited to, those listed under paragraph (j) of this section.

(3)

In addition to the required findings set forth in section 9-1-114, approval of a minor adjustment shall require a finding by the director that the adjustment is necessary for the preservation of a substantial property right possessed by other properties in the same vicinity and zoning district and otherwise denied to the subject property.

(e)

Location of fuel modification zones. In all cases, fuel modification zones shall be located within the tract or other property being protected. Further, where feasible, "wet" and "thinning" zones shall be located on common lots owned by the applicable homeowners association or similar entity. In addition, the substantially flat "setback" zones are encouraged to also be located on such common lots as opposed to individual private lots.

(f)

Width of fuel modification zones. The width of fuel modification zones shall be established on each fuel modification plan as required by individual site conditions. The combined width of all zones described under paragraph (b) of this section shall be a minimum of 120 feet. Exception, modifications to this width standard may be permitted with the approval of a minor adjustment and review and approval by the fire authority. If such minor adjustment is approved, conditions of approval necessary to mitigate wildfire hazard shall be imposed. Such conditions may include, but are not limited to, those listed under paragraph (j) of this section.

(g)

Preparation of fuel modification plans. Fuel modification zones, plant materials, thinning measures, and other details shall be shown on individual fuel modification plans approved for each affected subarea. Fuel modification plans shall be prepared by a licensed landscape architect.

(h)

Fuel modification maintenance program. A fuel modification maintenance program providing for continuous maintenance of fuel modification areas shall be prepared and implemented. The maintenance program shall be included as part of each fuel modification plan and shall include the maintenance of irrigation systems

and landscaping, the periodic re-thinning of vegetation, and other measures needed to keep fuel modification zones in a fire safe condition.

(i)

Fuel modification plan approval.

(1)

A preliminary fuel modification plan meeting the requirements of this section shall be approved by both the fire authority and the community development director prior to the first discretionary action on the project.

(2)

A final fuel modification plan shall be approved by both the fire authority and the community development director as being in substantial compliance with the preliminary fuel modification plan and with this section prior to issuance of a grading permit or prior to issuance of a building permit if there is no grading permit.

(3)

Fuel modification measures shall be completed to the satisfaction of the fire authority prior to issuance of a building permit.

(4)

Proposed amendments to fuel modification plans shall be reviewed and approved in the same manner as the original plan.

(5)

Fire hazard reduction measures in addition to those of this Section may be required as conditions of approval of any project or any fuel modification plan.

(j)

Alternate construction methods. Construction methods to reduce fire hazards may be required within fire hazard areas if the City determines in an individual case that: (1) the measures are necessary as conditions of approval of a fuel modification plan or minor adjustment in order to provide adequate reduction of wildland fire danger, and/or (2) if no adequate fuel modification plan has been implemented for the affected area. Such possible construction methods may include, but are not limited to, the following:

(1)

Excluding openings, all exterior walls to be rated by the uniform building code as one-hour fire resistant.

(2)

All glass facing the wildland edge to be double-paned, meeting uniform building code requirements.

(3)

All roof coverings to be noncombustible.

(4)

The underside of all roof overhangs to be enclosed with assemblies rated by the uniform building code as one-hour fire resistant.

(5)

Open ends of tile roofs to be capped with non-ignitable material in order to prevent placement of bird nests or other combustible material within the roof structure.

(6)

No attic air vents to be placed facing the wildland edge.

(7)

All attic air vents to be covered by corrosion resistant wire mesh.

(8)

Roof-mounted turbine air vents to be prohibited.

(9)

All exposed roof and wall piping, vents, flashing and other penetrations and appendages to be constructed of noncombustible materials.

(10)

All chimneys to be equipped with spark arresters constructed of 12-gauge wire screen with ½ inch openings. Spark arresters to be mounted in a vertical position visible from the ground.

(11)

All garage doors facing the wildland edge to be constructed of noncombustible materials.

(12)

Patio covers facing the wildland edge and their structural supports to be constructed of or encased with noncombustible materials.

(13)

The exposed undersides of wood decks to be encased with noncombustible materials.

(14)

All fencing to be constructed of noncombustible materials.

(15)

An automatic fire suppression system to be installed as required by the fire marshall.

(k)

Fire suppression systems. New residential buildings in fire hazard areas may be required to be provided with an automatic fire suppression system in order to decrease the spread of fire. Need for and design of suppression systems shall be determined by the fire marshall in each individual case.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 48, 8-3-21)

Sec. 9-1-54.6. - SMC senior managed care overlay district.[[4]]

(a)

Purpose and intent. The purpose and intent of the senior managed care (SMC) overlay district is to regulate specialized housing designed to meet the physical and social needs of senior citizens by providing a range of managed care.

(b)

Boundaries of senior citizens overlay district. Senior managed care overlay district may be applied to the following zoning districts:

(1)

Mixed use and local commercial;

(2)

Community facility;

(3)

Mixed use and commercial;

(4)

Industrial;

(5)

Office/commercial/retail;

(6)

Professional and administrative office;

(7)

Local and community commercial;

(8)

Town center;

(9)

Visitor serving commercial;

(10)

Industrial park;

(11)

Neighborhood commercial;

(12)

C1 local business district;

(13)

CC commercial community district;

(14)

CN commercial neighborhood district; and

(15)

M1 light industrial district zones as outlined in the planned community texts and zoning code of the city. The boundaries of the SMC overlay district are as shown on the official zoning map.

(c)

Definitions. For the purposes of this section, senior managed care shall include: Managed care for seniors ranging from assisted care with varying degrees of medical care to minimum care which does not include any medical care. For the purposes of the section this definition also includes congregate care and convalescent care as defined in sections 9-1-22 through 9-1-44 of the city zoning code limited to seniors, residential care facilities for elderly as defined in 1569.2 of the health and safety code, and Alzheimer's care facilities limited to seniors.

(d)

Use permit standards. Development of a senior managed care project within the SMC overlay district requires approval of a use permit by the planning commission. In addition the use permit shall require compliance with the following standards:

(1)

The housing facility shall be specially designed to meet the physical and social needs of senior citizens. The housing facility shall preserve and restrict occupancy to senior citizen tenants to the degree allowable by law.

(2)

The housing facility shall provide a useable multipurpose room where communal activities including dining may be hosted.

(3)

The housing facility shall provide emergency alert systems in each unit to notify the on-site staff that assistance is needed.

(4)

A housing facility staff member shall be on-site 24 hours a day every day to assist tenant in emergencies.

(5)

The facility management shall coordinate social services for tenants which includes meals and transportation. The service may be provided by the facility management or an outside agency.

(6)

The on-site facility management shall maintain current records pertaining to the tenant's doctor and emergency contacts.

(7)

All senior housing projects located within the SMC overlay district shall comply with the development standards of the base zoning district.

(8)

All senior housing projects located within the SMC overlay district shall comply with the design guidelines.

(9)

Projects proposed within the SMC overlay district shall include a parking analysis to determine the parking demand for the specific project.

(e)

Local park code exemption. Senior managed care projects that is located within the senior managed care (SMC) overlay district shall be exempt from the regulations set forth in the local park code found in sections 9-1-500 through 9-1-530 of the city zoning code.

(f)

Application to planned communities. This housing type shall not be considered a residential use for the purpose of allocating dwelling units within the Country Village, Laguna Niguel, Colinas De Capistrano, Beacon Hill, Bear Brand and Bear Brand Hill planned communities.

(Ord. No. 98-102, § 2, 6-16-98)

Footnotes:

--- ( 4 ) ---

Editor's note— See editor's note at section 9-1-112.

Sec. 9-1-54.7. - Landscaping and vegetation regulations.

(a)

Purpose and intent. The purpose and intent of this section is to establish procedures necessary to achieve and maintain the benefits of landscaped and vegetated areas, including aesthetic, soil stability, ecological, and air quality benefits landscaping and vegetation provides citywide.

(b)

Design guidelines. This section sets forth basic landscaping requirements. In addition, subarticle 9 (Community design guidelines) contains landscaping standards and guidelines relating to project entry landscaping, pedestrian area landscaping, tree preservation, plant selection, and other items.

(c)

Maintenance of landscaping and vegetation. All existing landscaped and vegetated areas visible from public roadways within the OS and PR zoning districts shall be maintained in an orderly, attractive, and

healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants (including trees) when necessary, and the regular application of appropriate quantities of water to all landscaped areas.

(d)

Modification of landscaping and vegetation. Any significant modification or removal to existing landscaped areas (including trees) visible from public roadways within the OS and PR zoning districts shall first require the review and approval of a changed plan permit or a discretionary permit amendment as determined by the community development director. If the existing landscaped areas were originally established as a subdivision condition of approval, the submittal and approval of a landscape plan by the planning division shall be required. Unregulated removal of trees along street frontages in particular can detract from the health, safety and general welfare of the city. This includes the aesthetic, soil stability, ecological, and air quality benefits landscaping provides citywide.

(Ord. No. 2021-210, § 49, 8-3-21)

Sec. 9-1-55. - Marijuana dispensing, delivery and cultivation.

All references to Section 9-1-55 include Sections 9-1-55.1 through 9-1-55.4 inclusive. The purpose and intent of this section is to prohibit all marijuana activities, including, but not limited to, operating a dispensary, dispensing, distribution, cultivation, and delivery of marijuana.

(Ord. No. 2016-184, § 2, 10-4-16)

Sec. 9-1-55.1. - Prohibited activities.

(a)

Commercial use. The establishment or operation of any business of commercial marijuana activity is prohibited in all zoning districts of the city. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. No person shall establish or operate any such businesses or operations, including but not limited to:

(1)

The transportation, delivery, storage, distribution, dispensing or sale of marijuana, marijuana products, or marijuana accessories;

(2)

The cultivation of marijuana;

(3)

The manufacturing or testing of marijuana, marijuana products, or marijuana accessories; or

(4)

Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.

(b)

Medical use.

(1)

The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider is prohibited in all zoning districts of the city. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district. No person shall establish or operate such businesses or operations in any zoning district.

(2)

Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in subsection (c) of this section.

(c)

Personal use.

(1)

For purposes of this subsection, personal recreational use, possession, purchase, transport, or dissemination of marijuana is unlawful in all areas of the city, except to the extent California law specifically prohibits cities from prohibiting such use.

(2)

Outdoor cultivation. No person shall plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

(3)

Indoor cultivation.

(i)

To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not possess, plant, cultivate, harvest, dry, or process more than six marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a fully enclosed private residence. Also, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the city which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.

(ii)

To the extent prohibition on indoor cultivation is not prohibited under state law, then indoor cultivation is completely prohibited in the city.

(Ord. No. 2016-184, § 2, 10-4-16)

Sec. 9-1-55.2. - Violations.

No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of section 9-1-55. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by section 9-1-55, shall be a misdemeanor or an infraction, at the discretion of the city attorney or the district attorney.

(Ord. No. 2016-184, § 2, 10-4-16)

Sec. 9-1-55.3. - Public nuisance.

In addition to the penalties provided in section 9-1-55, any use or condition caused or permitted to exist in violation of any of the provisions of section 9-1-55 is hereby declared a public nuisance and may be abated as provided in this Code or under state law.

(Ord. No. 2016-184, § 2, 10-4-16)

Sec. 9-1-55.4. - Civil penalties.

In addition to any other enforcement permitted by section 9-1-55, the city attorney may bring a civil action for injunctive relief and civil penalties pursuant to this Code against any person or entity that violates section 9-1-55. In any civil action brought pursuant to section 9-1-55, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.

(Ord. No. 2016-184, § 2, 10-4-16)

Sec. 9-1-55.5. - Housing element site inventory.

(a)

Purpose. The purpose of this section is to codify the statutory requirements found in California Government Code Section 65583.2(c) that apply to sites identified in Appendix B of the City of Laguna Niguel's Housing Element Residential Land Inventory. The Housing Element Site Inventory includes a list of potential sites to accommodate a portion of the City's unmet Regional Housing Needs Allocation ("RHNA)."

(b)

Applicability. This section applies to any vacant site identified in two or more consecutive housing element planning periods or nonvacant sites identified in a prior planning period to accommodate the lower-income RHNA provided that at least 20 percent of the dwelling units are available to lower-income households.

(c)

Relationship to other regulations. Residential development eligible under subsection (b) shall also comply with title 9, including, but not limited to, applicable standards within the underlying zoning district and objective development and design standards in accordance with Section 9-1-95 of this Code. Where there is a conflict between the requirements in the Zoning Code and this section, this section prevails.

(d)

Residential development eligible under subsection (b) shall comply with the following additional standards:

(1)

The minimum residential density is 30 dwelling units per net acre;

(2)

Owner-occupied and rental multifamily residential uses are permitted by right and do not require a discretionary review or approval for residential developments in which 20 percent or more of the units are affordable to lower income households (as defined by Health and Safety Code Section 50079.5); and

(3)

An applicant for a project under this section may apply for a density bonus in accordance with Government Code Section 65915 and section 9-1-37 of this Code.

(Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

Secs. 9-1-56—9-1-59. - Reserved. SUBARTICLE 6. - PARKING

These regulations are established to provide for off-street parking of motor vehicles attracted by the various land uses in the city. It is intended that the provisions of these regulations result in properly designed parking areas with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-61. - General requirements.

(a)

Modifications to parking facilities. No existing parking facility shall be restriped or modified with respect to layout, aisle width, numbers or sizes of spaces, street access, or any other physical characteristic without prior review by the community development director. The director shall determine if discretionary review is required for the modification pursuant to Subarticle 9 (Community design guidelines) or subarticle 11 (Permits and amendments).

(b)

Location of offstreet parking.

(1)

Required parking facilities shall be located on the same building site and conveniently proximate to the uses they serve except as otherwise provided in section 9-1-62 (Alternative parking regulations) and subsection 9-1-65(j) (Joint use of parking facilities).

(2)

Property within the ultimate right-of-way of a street, either public or private, shall not be included in provision of the minimum parking.

(c)

Accessibility. All required offstreet parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times.

(d)

Usability.

(1)

The required offstreet parking facilities and driveways shall not be used for any purpose which at any time would preclude the use of the area for the temporary storage of motor vehicles.

(2)

Unless otherwise provided by an approved discretionary permit, no owner or tenant shall lease, rent or otherwise make unavailable to intended users any offstreet parking spaces required by this Subarticle.

(e)

Access to arterial highways.

(1)

Wherever access to a parking area is off an arterial highway designated on the master plan of arterial highways, parking spaces, driveways and maneuvering areas shall be designed so that motor vehicles may enter the arterial highway traveling in a forward direction.

(2)

Vehicular access to arterial highways designated on the master plan of arterial highways will be permitted only in accordance with specifically approved driveway locations and access design.

(f)

Maximum grades.

(1)

Whenever access is taken from a street, alley or driveway to an offstreet parking area serving four or less dwelling units, the driveway or other vehicular accessway shall have a maximum grade of plus 15 percent or minus six percent, measured from the street, alley or driveway grade along the driveway centerline, for a distance of not less than 18 feet from the street, alley or driveway right-of-way line.

(2)

Whenever access is taken from a street, alley or driveway to an offstreet parking area serving industrial, commercial or professional uses, public or community facilities, or five or more dwelling units, the driveway or other vehicular accessway shall have a maximum grade of plus 15 percent or minus two percent, measured from the street, alley or driveway grade along the driveway centerline, for a distance of not more than 18 feet from the street, alley or driveway right-of-way line.

(3)

The maximum grades specified in subsections (e)(1) and (e)(2) preceding will generally provide adequate sight distance at street level and prevent vehicles from dragging on extreme grade breaks. Minor adjustments may be approved by the community development director, in accordance with section 9-1114, where physical design prevents such extreme grade breaks and provides safe sight distance.

(4)

Offstreet parking spaces and the abutting parking aisles shall have a maximum grade of two percent for retail commercial and five percent for all other uses. The grade shall be measured across the parking space and the abutting parking aisle in any direction. (See figure 6.3)

(5)

For both residential and non-residential uses, ramps or driveways providing vehicular access within the interior of an offstreet parking area located beyond 18 feet from the ultimate right-of-way line of a street, alley or driveway shall have a maximum slope of plus or minus 20 percent. When such ramp or driveway slopes exceed plus or minus ten percent, the ramp or driveway design shall include transitions, not less than eight feet in length, having a slope equal to one-half the ramp slope. (See figure 6.3). When parking is provided on a ramp, the maximum slope shall not exceed six percent.

(g)

Parking area notices and directional instructions. Notwithstanding the regulations of any district, parking area notices, each not to exceed two square feet in area, and directional instructions lettered on the paved surface of driveways and parking areas are permitted for parking facilities serving industrial, commercial or professional uses, public or community facilities, and five or more residential dwelling units. Such parking notices may contain the name of the owner or occupant of the property and only such words and symbols that are directly related or essential to parking, enforcement or the direction of vehicular traffic within the parking area.

(h)

Paving. All permanent parking spaces, driveways and maneuvering areas shall be paved and permanently maintained with asphaltic concrete, cement concrete or other all-weather, non-erodable hard surfacing. Temporary parking spaces, driveways and maneuvering areas may use decomposed granite or other stable, all-weather surfacing.

(i)

Lighting. Any lights used to illuminate the parking spaces or driveways shall be designed and located so that direct rays are confined to the property.

(j)

Change or increase in use of property. Whenever the occupancy or use of any premises which is not in compliance with offstreet parking requirements is changed to a different use, or the existing use is altered, enlarged, expanded or intensified, parking to meet the requirements of this subarticle shall be provided for the new use or occupancy. This provision shall not apply to the addition of rooms or other alterations of a single-family dwelling which do not increase the total floor area more than 50 percent.

(k)

Fractional parking spaces. Whenever the computation of the number of offstreet parking spaces required by this section results in a fractional parking space, one additional parking space shall be required for onehalf or more fractional parking space, and any fractional space less than one-half of a parking space shall not be counted.

(l)

Parking facilities for the physically handicapped. Disabled accessible parking spaces shall be provided as required by title 24 of the California State Building Standards Code. The Americans with Disabilities Act (ADA) also contains parking regulations. For information regarding these standards, please refer to the city's building division.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 50, 8-3-21)

Sec. 9-1-62. - Alternative parking regulations.

Alternative standards to any of those set forth in this subarticle 6 may be permitted subject to approval of a site development permit in compliance with the provisions of section 9-1-114. No such application shall be approved unless the approving authority makes the following findings in addition to the standard findings for approval of a site development permit set forth in section 9-1-114:

(1)

Applicable offstreet parking requirements are excessive or inappropriate due to the nature of the specific use involved or because of special circumstances applicable to the property; and

(2)

The proposed offstreet parking facilities comply with the intent of these regulations as specified by section 9-1-61.

(Ord. No. 99-107, § 5, 2-2-99)

(a)

Applicability. Offstreet parking facilities shall be provided for all residential uses in compliance with this section and other applicable sections in this subarticle.

(b)

If Number of spaces not specified. If no provisions for the required number of offstreet parking spaces are set forth in this section or the provisions are not clear, the community development director shall determine the number of offstreet parking spaces required.

(c)

Number of required parking spaces. Table 6.1 provides the minimum number of offstreet parking spaces required for each category of residential use.

TABLE 6.1: RESIDENTIAL PARKING SPACES

(1)

Alternative parking plans. It is recognized that unusual single- and multiple-family projects may warrant alternative parking schemes. In cases where the applicant proposes an alternative parking design or allocation, a parking allocation plan shall be prepared and processed via a site development permit in accordance with the provisions of section 9-1-62.

(2)

RV parking in garages. For single-family dwellings, one garage space may be occupied by a recreation vehicle, provide the vehicle is maintained in working condition at all times.

(d)

Size of parking spaces.

(1)

Each required covered offstreet parking space for single-family dwellings shall be in a garage or carport a minimum of ten feet in width and 20 feet in length of unobstructed area. In garages or carports containing two or more side-by-side parking spaces, the required minimum width may include the exterior walls or supports of the structure, provided minimum unobstructed dimensions of nine feet in width and 18 feet in length are met.

(2)

Uncovered offstreet parking spaces shall be a minimum of nine feet in width and 18 feet in length. In measuring the length of paving required for uncovered parking spaces, allowance may be made for vehicular overhang beyond the bumper or tire stop if such overhang does not interfere with screening or pedestrian use, except as provided under subsection (i)(3) of this section.

(3)

When a side of any space abuts a building, fence, support column or other obstruction which interferes in any way with access to a motor vehicle, the space shall be a minimum of two feet wider than otherwise required by this section.

(4)

Uncovered parallel parking spaces adjoining private accessways shall be not less than eight feet in width and 18 feet in depth, with a minimum of eight feet separating each pair of such parking spaces as shown in figure 6-1.

(e)

Driveway widths.

(1)

Single-family residence driveways shall be paved to a minimum of ten feet in width from the access street or alley to the garage maneuvering area.

(2)

Driveways providing access to garages, carports and uncovered parking areas serving two dwelling units shall be paved to a minimum of 16 feet wide, except when a wider width is required for maneuvering area in front of the garages, carports or uncovered parking spaces.

(3)

Driveways providing access to garages, carports and uncovered parking areas serving three or four dwelling units shall be paved to a minimum of 20 feet wide, except when a wider width is required for maneuvering area in front of the garages, carports or uncovered parking spaces.

(4)

Driveways providing access to garages, carports and uncovered parking areas serving five or more dwelling units shall be paved to a minimum of 24 feet wide, except when a wider width is required for

maneuvering area in front of the garages, carports or uncovered parking spaces. Additional width may be required as necessary to provide transition to a driveway approach.

(f)

Maneuvering areas. Maneuvering areas for access into and out of garages, carports and uncovered parking spaces shall have minimum widths as follows:

(1)

Garages and carports shall have 28 feet of unobstructed area, measured from the garage or carport entry.

(2)

Uncovered parking shall have 24 feet of unobstructed area, measured from the outward end of the parking stall.

(g)

Location of residential parking spaces.

(1)

Assigned spaces shall be located within the development project area they serve.

(2)

A parking allocation plan demonstrating guest parking location in relation to the unit served may be required as part of the site development permit.

(h)

Roadway widths for single-family dwellings.

(1)

Table 6.2, following, shows required roadway widths for single-family dwellings:

TABLE 6.2: REQUIRED RESIDENTIAL ROADWAY WIDTHS

(2)

Roadways less than 36 feet wide shall allow on-street parking on one side of the roadway only. Roadways must be 36 feet wide or greater to allow on-street parking on both sides of the roadway.

(3)

There shall be a minimum separation of two feet between any side property line and any driveway, including the driveway flair.

(4)

Other roadway and driveway details shall conform to the latest edition of the City of Laguna Niguel Standard Plans.

(i)

Design of common parking areas. Common off-street parking areas, including multiple garages and carports serving five or more dwelling units, shall comply with the following:

(1)

The off-street parking area shall be designed so that a vehicle within the parking area will not have to enter a street to move from one location to any other location within that parking area.

(2)

Parking and maneuvering areas, including garages and carports, shall be designed so that any vehicle can leave the parking area and enter into the nearest street traveling in a forward direction.

(3)

Curbs or tire stops shall be provided at the end of each uncovered parking space along any property line abutting a public walkway, street or alley, except where screening is positioned, to ensure that the motor vehicle will not extend into the public right-of-way.

(j)

Location of driveway on corner lot. When a building site abuts two intersecting streets, the driveway approach shall be located within the half of either street frontage that is farthest from the intersection of the two streets. If one of the intersecting streets is an arterial highway, the driveway approach shall be off the other street.

(k)

Screening. Uncovered residential parking facilities containing five or more spaces shall be screened in accordance with the nonresidential screening requirements of section 9-1-45.4.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 51, 8-3-21)

Sec. 9-1-64. - Parking facility design standards.

(a)

Parking design illustrations.

FIGURE 6.1

==> picture [360 x 417] intentionally omitted <==

FIGURE 6.2

==> picture [360 x 396] intentionally omitted <==

FIGURE 6.3

==> picture [360 x 221] intentionally omitted <==

(b)

Minimum parking aisle width for one-way traffic.

TABLE 6.3: MINIMUM PARKING AISLES FOR ONE-WAY TRAFFIC

(c)

Minimum parking aisle width for two-way traffic. For two-way traffic, aisle widths and maneuvering areas shall be a minimum of 25 feet wide.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 52, 8-3-21)

Sec. 9-1-65. - Nonresidential parking requirements.

(a)

Applicability. The following offstreet parking requirements are applicable to all uses other than the residential uses set forth in section 9-1-63, and are in addition to the general requirements set forth in section 9-1-61:

(b)

Size of parking spaces.

(1)

All covered or uncovered offstreet parking spaces, except as otherwise noted in this subsection, shall be a minimum clear unobstructed nine feet in width and 18 feet in length.

(2)

Parking spaces parallel to a curb may be eight feet in width and 18 feet in length, with a minimum of eight feet separating each pair of such parking spaces.

(3)

When a side of any space abuts a building, fence, support column or other obstruction which interferes in any way with access to a motor vehicle, the space shall be a minimum of two feet wider than the standard required width.

(4)

In measuring the length of paving required for uncovered parking spaces, allowance may be made to accommodate vehicular overhang beyond a continuous, unbroken concrete curb, if such overhang does not interfere with screening or pedestrian use, except as provided under paragraph (c)(4) of this section (also, see figure 6.2 for examples of permitted overhang).

(c)

Parking facility design.

(1)

Offstreet parking facilities shall be designed so that a car within a facility will not have to enter a street to move from one location to any other location within that parking facility. On industrial or office sites, separate noncontiguous parking facilities may be provided with independent entrances for employee and visitor parking, provided the designated use is clearly identified on all plot plans or site plans submitted for permits.

(2)

Parking and maneuvering areas shall be arranged so that any vehicle can leave the parking area and enter into an adjoining vehicular right-of-way traveling in a forward direction.

(3)

Dead-end parking aisles shall have a designated turn around area, or hammer head to allow a three-point turn for exiting.

(4)

Continuous, unbroken concrete curbs shall be provided along any abutment to a pedestrian walkway, access or driveway, street or alley, except where screening is positioned, to ensure that the motor vehicle will not extend into these areas.

(5)

The point of exit or entry from any offstreet parking space shall not be closer than 20 feet from the curb face of the ultimate curbline at a street opening.

(6)

All paved parking stalls, except parallel spaces, which may use a single line, shall be clearly outlined with double or hairpin lines or special paving techniques on the surface of the parking facility. (See figure 6.1).

(7)

All parking spaces shall be located so as to be within proximity to the use they are intended to serve. Distribution of parking in multitenant centers should be in reasonable proximity to the uses they are intended to serve. As a general guideline the spaces should not be located greater than 500 feet from the use served. It is recognized that for larger retail buildings and centers this guideline may not be met.

(d)

Parking accessways. Parking accessways are those driveways that provide ingress or egress from a street to the parking aisles, and those driveways providing interior circulation between parking aisles. No parking is permitted on an accessway. Accessways shall conform to the following standards:

(1)

All parking facilities taking access from a major, primary or secondary arterial shall have a parking accessway between the arterial and the parking aisles.

(2)

Parking accessways from arterial highways shall not have parking spaces taking direct access therefrom and shall not be intersected by a parking aisle or another parking accessway for a minimum distance of 30 feet for projects with zero to 200 parking spaces, 50 feet for projects with 201 to 350 spaces, 70 feet for projects with 351 to 450 spaces, and 90 feet for projects with 451 spaces or more. All distances shall be measured from the curb face of the ultimate curbline of the adjacent street.

(3)

Parking accessways from nonarterial highways shall be not less than 20 feet in length from the ultimate curbline of the adjacent street.

(4)

One-way accessways shall have a minimum width of 15 feet, unless the accessway is a fire lane, which requires a minimum of 20 feet.

(5)

Two-way accessways shall have a minimum width of 28 feet.

(e)

Parking aisles. Parking aisles are driveways which provide direct access to parking spaces. Parking aisles shall have a minimum width of 14 feet as provided in table 6.3. In no case shall the parking aisles for twoway traffic be less than 25 feet in width.

(f)

Number of required parking spaces.

(1)

The minimum number of offstreet parking spaces required shall be in compliance with the listed requirements set forth for each category of land use in section 9-1-66.

(2)

Whenever any commercial or industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided for the residential use as required, in addition to the parking required for the nonresidential use or uses.

(g)

Landscaping. Landscaping of parking areas shall be provided in accordance with the provisions of the applicable land use district regulations. In all cases, space within the offstreet parking area not utilized for driveways, maneuvering areas, parking stalls or walkways shall be landscaped. Landscaped areas shall be separated from paved driveways, parking space and maneuvering areas by a minimum six-inch-high barrier.

(h)

Screening. Open parking spaces and parking structures shall be screened in accordance with section 9-145.4. Screening shall be located adjacent to the inside edge of any required boundary landscaping and to the outside edge of the paved parking area when there is no landscaping.

(i)

Vehicular access. Any site development permit, use permit or coastal development permit for development in nonresidential districts shall be in substantial conformity with the following:

(1)

The first street opening from an intersection should be a minimum of 110 feet from the point of intersection of the ultimate right-of-way lines of the abutting streets.

(2)

The second street opening should be a minimum of 300 feet from the point of intersection of the ultimate right-of-way lines of the abutting streets.

(3)

Any additional street openings should be a minimum of 300 feet, from center to center, from any other street opening.

(4)

There should be a minimum distance of 22 feet, measured at the ultimate property line, between a street opening in these districts and any existing street opening in any other district.

(j)

Joint use of parking facilities. Land uses on abutting building sites may share common parking facilities, provided the following requirements are met:

(1)

Parking facilities shall be within the same or contiguous shopping center, or within 300 feet of the entry point of the uses they serve, and a pedestrian pathway shall be provided as a means for pedestrian linkage between adjacent land uses and uses within the parking facility.

(2)

A detailed parking plan, showing all common parking facilities, building square footage, and tenant spaces participating, shall be approved by the Community Development Director.

(3)

Adequate assurance shall be provided to guarantee that required parking will continue to be maintained in compliance with the applicable provisions of this section.

(4)

If the abutting building sites are in separate ownerships, the common parking plan and guarantee of parking availability required by this paragraph (j) shall be recorded with the county recorder.

(5)

For shopping centers, please refer to section 9-1-66 (b) and (c) for shared parking provisions.

(k)

Motorcycle parking facilities. Motorcycle parking areas shall be provided at a rate of 50 square feet per space. Motorcycle parking areas shall be provided for all nonresidential uses at the following rate:

(1)

Uses with 25-99 automobile parking spaces shall provide one designated area for use by motorcycles.

(2)

Uses with more than 100 automobile parking spaces shall provide motorcycle parking areas at the rate of one motorcycle parking area for every 100 automobile parking spaces or fraction thereof provided.

(3)

Motorcycle parking areas required by this paragraph (l) shall count toward fulfilling automobile parking requirements.

(l)

Bicycle parking facilities. The minimum bicycle parking requirements for uses in the city are as follows:

(1)

Land uses that are required to provide bicycle parking equal to three percent of the total required parking spaces, as set forth in section 9-1-66, include: Video and game arcades, bowling alleys, cinemas/movie theaters, commercial recreation, health clubs, libraries, schools, and skating rinks.

(2)

Land uses that are required to provide five bicycle parking spaces include: Banks, churches, clubs/halls, hospitals, restaurants (all categories).

(3)

Land uses that are required to provide bicycle parking equal to one space for each 25,000 square feet of gross floor area include all office uses (governmental, general, medical, financial).

(4)

In addition to the preceding requirements, retail centers shall provide five bicycle parking spaces for each major tenant having over 20,000 square feet of gross floor area. The spaces shall be provided at or near the major tenant's main entry.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2019-197, § 3, 6-4-19; Ord. No. 2021-210, § 53, 8-3-21)

Sec. 9-1-66. - Nonresidential spaces required by use.

(a)

Minimum requirements. All land uses shall provide offstreet parking in compliance with the requirements of this section, unless modified by the provisions contained in section 9-1-62, Alternative parking regulations. The offstreet parking requirements listed in table 6.5, following, are the minimum requirements for each specific use. It shall be the responsibility of the developer, owner or operator of any specific use to provide adequate offstreet parking even though such parking may be in excess of the minimum requirements set forth in this section. The decision-making authority may impose such additional parking requirements if it finds that a parking study or other empirical data has demonstrated that additional parking spaces are required for a specific use or mix of uses.

(b)

Major shopping centers (shared parking model). Notwithstanding the individual parking space requirements identified in Table 6.5, it is recognized that the parking demand for major shopping centers, centers with 400 parking spaces or more and a mix of three or more commercial uses (e.g., office, restaurant, retail, service, fitness, cinema, etc.), typically varies between individual businesses, and that the total demand

typically decreases as development size increases. In these situations, allowing for "shared parking" results in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business independently. Recognizing this, the following provisions apply:

(1)

If the overall parking space requirement for a major shopping center, per table 6.5, is greater than the cumulative number of spaces provided, a discount of up to 25 percent of the required overall number is permitted.

(2)

Parking discounts in excess of 25 percent for a major shopping center require the approval of a site development permit pursuant to the provisions of section 9-1-62, Alternative parking regulations.

(c)

Neighborhood centers. For shopping centers with less than 400 parking spaces, if the overall parking space requirement, per table 6.5, is greater than the cumulative number of spaces provided, then an application may be made for a site development permit pursuant to the provisions of section 9-1-62, Alternative parking regulations.

(d)

If number of spaces not specified. If no provisions for the required number of offstreet parking spaces are set forth in the table 6.5 following, or the provisions are not clear for any use, the community development director shall determine the number of offstreet parking spaces required.

TABLE 6.5: NONRESIDENTIAL PARKING SPACES BY LAND USE

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2019-197, § 3, 6-4-19; Ord. No. 2021-210, § 54, 8-3-21)

Sec. 9-1-67. - Electric vehicle charging stations.

(a)

An application for the installation of electric vehicle charging stations shall be processed, reviewed, and permitted in accordance with Title 8 - Building Regulations, Division 1, Article 12 of this Code.

(b)

Each EV charging space provided in a parking area counts as one space toward the minimum number of parking spaces required in sections 9-1-63 and 9-1-65, provided that each EV charging space complies with the following design and development standards:

(1)

Each EV charging space shall include a posted sign and painted curb, or ground markings, indicating that the space is exclusively for EV charging purposes.

(2)

EV charging equipment shall not obstruct any Americans with Disabilities Act (ADA) compliant sidewalk, entrance, curb-cut, or ramp, while in use or otherwise.

(3)

Sufficient lighting shall be provided, at a minimum illumination level of two (2) footcandles (fc) and a maximum of three (3) fc, to enable the EV charging equipment to be used at night. The lighting height and shielding shall conform to LNMC Sections 9-1-45.14(2) and (4), respectively.

(4)

The EV charging station shall not exceed a maximum height of eight (8) feet tall and maximum width of four (4) feet.

(5)

All cables and conduits shall be installed, laid, or otherwise placed beneath the ground surface. Aboveground cables and conduits are prohibited.

(6)

EV charging equipment shall be free of any commercial signage, animated or flashing screens, or other displays utilized for advertising purposes.

(7)

EV charging stations, including dispensers and ancillary equipment, shall comply with the following location and aesthetic requirements:

a.

EV charging stations shall be installed, located, or otherwise positioned in such a manner as to ensure that they are not visibly obtrusive as viewed from any public rights-of-way, including public streets and sidewalks.

b.

Ground equipment shall be fully concealed within a solid wall enclosure that is located outside of the designated boundary landscape areas and painted and designed in a manner that complements and harmonizes with the adjacent building structures. Small ground equipment, less than 20 square feet in footprint area and not exceeding a maximum height of four feet, shall be exempt from the requirement to be concealed within an enclosure. The square footage of the equipment footprint area shall be calculated by drawing a single contiguous shape around all proposed ground equipment.

c.

The applicant may propose an alternative to the wall enclosure for screening purposes, subject to the approval of the community development director. Such a request may be considered when it is assessed that the dimensions or location of the wall enclosure could result in increased visual intrusion, and diligent efforts are made to conceal or visually minimize ground equipment through alternative screening measures.

(Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

Secs. 9-1-68—9-1-69. - Reserved. SUBARTICLE 7. - SIGNS

Sec. 9-1-70. - Purpose and intent.

The purpose of this subarticle is to implement the goals and policies of the general plan by:

(1)

Encouraging sound signing practices to provide business and directional information to the public;

(2)

Providing for signs which effectively identify businesses and other establishments via a limited number of clear readable signs, while preventing excessive and confusing sign displays;

(3)

Providing for signs which focus on identifying businesses by name and/or type of establishment (such as "John's Market") as opposed to goods or services offered (such as "beer, wine", etc.);

(4)

Reducing traffic hazards and promoting the public health, safety and welfare by minimizing visual competition among signs;

(5)

Providing for signs which incorporate high quality design and materials and which harmonize with surrounding buildings and streetscapes;

(6)

Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces.

(Ord. No. 99-107, § 5, 2-2-99)

All references to this section shall include sections 9-1-71.1 through 9-1-71.8. This section sets forth general provisions regulating such items as the placement, design, illumination, and measurement of signs.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-71.1. - General procedures.

(a)

Applicability. Signs in the city, including exempt, permanent, and temporary signs and holiday displays, are subject to the general procedures of this section. If the community development director determines that a staff-reviewed sign does not conform to one or more of the general provisions set forth in this section, the applicant shall be given the option of modifying the sign or applying for a minor adjustment.

(b)

Interpretation of provisions. Where a matter of interpretation arises regarding the provisions of this subarticle, the more specific definition or more rigorous standard shall prevail. Whenever the director determines that the application of any provision of this subarticle is uncertain, the interpretation shall be referred to the planning commission for determination.

(c)

Maintenance. Any sign displayed within the city, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The director may order the repair or removal of any sign determined by the director to be unsafe, defective, damaged, or substantially deteriorated.

(d)

Changes to existing signs. Changes in the sign face and/or sign copy of any existing sign, other than normal maintenance, shall be approved by the community development director to ensure that the new sign face and/or sign copy is consistent with the sign design criteria set forth in section 9-1-71.4 and any applicable sign program.

(e)

Inspection. All sign owners and users shall permit the periodic inspection of their signs by the city upon ten days notice.

(f)

Specific plan standards to apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with any criteria established by such plan or area.

(g)

Non-commercial signs. Signs shall be permitted in the city in accordance with this subarticle. In each instance and under the same conditions in which this subarticle permits any sign, a non-commercial sign constructed to the same physical dimensions and characteristics shall be permitted in lieu of that sign.

(1)

The foregoing notwithstanding, signs containing ideological, political or other non-commercial messages shall not be permitted in lieu of a directional, warning, or informational signs required by or authorized by law or by a governmental authority and traffic control signs on private property with messages, such as "Stop" and "Yield," and similar signs, the face of which meet California Department of Transportation standards and bear no commercial message of any sort.

(2)

For purposes of this subarticle, non-commercial means a sign containing an ideological, political, or other message not relating to a commercial transaction.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2024-229, § 2, 5-21-24)

Commercial signs shall serve primarily to identify the name of the business or other activity on the premises rather than to advertise any product, service, or brand name. Brand names shall only be included in sign copy if the decision-making authority determines that such a name is integral to identification of the business (for example, a sign for an auto dealership).

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-71.3. - Sign placement.

(a)

Traffic safety. No sign shall be located or designed in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic.

(b)

Corner cutoff setback. In order to preserve sight lines for safety purposes, free-standing signs shall not be located within a corner cutoff area for fences as identified in section 9-1-35.2.

(c)

Off-premise signs. All signs shall be located on the same premises as the land use or activity identified by the sign unless specifically permitted to be off-premise in this subarticle.

(d)

Utility lines. No sign shall be located closer to overhead utility lines than the distance prescribed by state law or by the rules promulgated by agencies of the state or by the applicable public utility.

(e)

Public right-of-way. No sign shall be located within, over, or across a public right-of-way unless specifically permitted in this subarticle.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-71.4. - Sign design criteria.

The following design criteria shall be used in reviewing sign applications to determine compliance with the purpose and intent of this subarticle:

(1)

Colors. Sign colors shall complement the colors used for the buildings and the project as a whole. Colors or color combinations which interfere with legibility of the sign copy or which interfere with viewer identification of other signs shall not be used. Fluorescent, "day-glo," and similar colors shall not be used.

(2)

Materials. Signs shall be made of durable materials which are compatible in kind and/or appearance to the building facades supporting or identified by the sign. Such materials may include, but are not limited to, tile, sandblasted wood, individual channel and reverse channel ("halo" lighted) letters, "push-through" lettered signs, and concrete or stucco monument signs with recessed or raised lettering.

(3)

Plastic-faced signs. Except for individually-mounted channel letters or changeable copy signs such as theater marquees, internally-lighted translucent plastic-faced can signs shall not be used. However, such plastic-faced signs may be approved if existing similarly-situated and sized signs on the same building are also plastic-faced. In such cases, light-colored letters on a dark or opaque background shall be used. In addition, can signs with opaque backgrounds, such as those with fiberglass faces, may be used for individual project tenants if approved by the decision-making body.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2000-115, § 3, 7-5-00)

Sec. 9-1-71.5. - Sign illumination.

(a)

General limitation. Illumination from or upon any sign shall be shaded, shielded, directed, or reduced so as to avoid undue brightness and limit glare or reflection of light onto residential property in the surrounding area. "Undue brightness" means illumination in excess of that which is reasonably necessary to make the sign readable to the average person. Externally-illuminated signs shall be lighted by screened or hidden light sources.

(b)

Building-mounted signs. Building-mounted identification signs shall be externally illuminated except for individually-mounted channel and reverse channel letters and permitted changeable copy signs, such as theater marquees. Translucent plastic-faced can signs shall not be used.

(c)

Free-standing signs. Free-standing identification signs shall be externally illuminated except for individually-mounted channel and reverse channel letters, "push-through" letters, opaque background signs which give the appearance of individual channel letters, and permitted changeable copy signs, such as theater marquees. Translucent plastic-faced can signs shall not be used.

(d)

Neon. Neon illumination may be used for building-mounted signs if consistent with the design and architecture of the building. Neon shall not be used on freestanding signs, except in conformity with an

approved sign program. Also, 60 milliamp transformers shall not be used on neon-lighted signs within 200 feet of residentially-zoned property.

(Ord. No. 99-107, § 5, 2-2-99)

Corporate logos and graphics may be used in conjunction with wall signs, up to a maximum of 25 percent of the permitted sign area, if the decision-making authority determines that the design of the logo provides for individual channel-type construction and that such logos are harmonious in scale, form, materials, and colors with project buildings, walls, and other structures. All copy and graphics within the logo shall be individual letters or forms.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-71.7. - Landscaping of free-standing signs.

As part of their design, all free-standing signs shall include landscaping and/or hardscaping around the base of the sign, at a minimum ratio of two sq. ft. for every square foot of sign area, so as to protect the sign from vehicles, improve the appearance of the installation, and screen light fixtures and other appurtenances. The sign owner shall maintain all landscape areas in a healthy and viable condition.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-71.8. - Measurement of sign height and area.

(a)

Measurement of sign height. Sign height shall be measured as follows:

(1)

Building-mounted signs. The height of a building-mounted sign shall be measured at the sign's mid-point, from finish grade to the top of the sign.

(2)

Free-standing signs. The height of a free-standing sign shall be measured at the sign's mid-point, from finish grade to the top of the sign. However, in cases where the director determines that the visibility of a free-standing sign is impeded due to its placement below the elevation of the street to which it is oriented, the director may measure maximum sign height from the top of curb of the street (or the edge of pavement of such street where there is no curb) or from such other appropriate reference point as determined by the director.

(b)

Measurement of sign area. Sign area shall be measured as follows:

(1)

Basic rule. Sign size or area shall be defined as the total area of the sign face, including non-structural perimeter trim but excluding structures or uprights on which the sign is supported.

(2)

Window signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window which is not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for individually-lettered wall signs, following.

(3)

Wall signs. The area of signs composed of individual letters affixed to a building, garden, retaining, or other wall shall be defined as the area which encloses all copy, logos and graphics on the wall with four, six or eight perpendicular lines.

(4)

Double-faced signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq. ft., a double-faced sign may have an area of 20 sq. ft. per face.

(5)

Three-dimensional signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four faces and the maximum permitted sign area is 20 sq. ft., the maximum area for each face shall be limited to five sq/ft.

(6)

Separated-panel signs. The sign area of open, separated panel, or "ladder" signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels.

(Ord. No. 99-107, § 5, 2-2-99)

Sec. 9-1-72. - Permitted signs in nonresidential districts.

(a)

Permitted signs. Signs identified in table 7-1 following are permitted in nonresidential districts subject to the provisions of this section.

(b)

Tenant or building frontage. For the purposes of this subarticle, tenant or building frontage means the side of a building facing a parking lot, public or private street, driveway entrance, or freeway right-of-way.

(c)

Awning signs. For the purposes of this subarticle, any signage incorporated into an awning shall be considered a building-mounted sign.

TABLE 7-1. PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT

Note: Signs not visible from any street or parking lot are exempt from the limitations set forth below. ID means identification sign.

Signs required by law shall be allowed at the minimum size specified by such law.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2000-115, § 3, 7-5-00; Ord. No. 2012-171, § 3, 7-17-12) Sec. 9-1-73. - Permitted signs in residential districts.

Signs identified in table 7-2 following are permitted in residential districts subject to the provisions of this section.

TABLE 7-2. PERMANENT SIGNS PERMITTED IN RESIDENTIAL DISTRICTS WITH A SIGN PERMIT

Note: Signs not visible from any street or parking lot are exempt from the limitations set forth below. ID means identification sign.

Signs required by law shall be allowed at the minimum size specified by such law.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2000-115, § 3, 7-5-00; Ord. No. 2012-171, § 4, 7-17-12)

Sec. 9-1-74. - Permitted temporary signs.

(a)

No sign permit required. Temporary signs permitted per this section are exempt from the sign permit requirements set forth in this subarticle, unless otherwise stated herein.

(b)

Special event signs. Temporary special event signs and banners are allowed for commercial uses in nonresidential districts in accordance with section 9-1-45.12 (Sidewalk sales and center-wide events), subject to approval of a temporary use permit.

(c)

Grand opening and similar signs. Temporary non-illuminated building-mounted signs up to 20 sq. ft. in area, reading "Grand Opening", "Going out of Business", or "Under New Ownership", may be permitted for a period of up to 30 days if a temporary use permit is approved.

(d)

Temporary ID signs. In addition to the temporary grand opening and similar signs allowed per paragraph (c) of this section, new businesses may display a temporary identification sign during the interim period while a permanent identification sign is being approved, constructed and installed, provided that the size of the sign does not exceed the maximum size permitted for the permanent wall signs per section 9-1-72. Such

temporary business identification signs are permitted for a period of 30 days, subject to the approval of a temporary use permit, and may be extended up to an additional 30 days if approved by the community development director.

(e)

Window signs. Temporary non-illuminated window signs, in conjunction with a commercial center or business, shall be permitted subject to the following requirements:

(1)

Total sign area shall not exceed 20 percent of the aggregate window area per building frontage.

(2)

Total number of signs shall be limited to one window sign for every ten feet of linear window frontage.

(3)

Fluorescent, neon or "day-glo" sign colors are prohibited.

(f)

Residential real estate signs. Temporary non-illuminated on-premise real estate signs advertising the sale, rent, or lease of the property and the identification of the person or firm handling the sale, lease or rent, shall be permitted on any building site subject to the following:

(1)

For residential building sites with four or less units, total aggregate sign area, including riders, shall not exceed six square feet per sign face. For residential building sites with five or more units, total aggregate sign area, including riders, shall not exceed 20 square feet.

(2)

If located in a window, the real estate sign shall not cover more than 20 percent of the window or window pane in which it is placed.

(3)

Maximum height for free-standing signs shall be six feet and one sign is permitted per street or golf course frontage up to a maximum of two signs per building site.

(4)

No part of any sign shall be placed between the back of the curb and the sidewalk. Also, signs shall not be placed within a public right-of-way or in areas adjacent to designated scenic corridors.

(5)

Signs shall be removed within five days after close of escrow, lease or rent.

(g)

Residential off-premise open house directional signs. Temporary non-illuminated off-premise open house directional signs shall be permitted subject to the following:

(1)

A maximum of two signs are permitted, each with a maximum area of four square feet per sign face and a maximum height of four feet.

(2)

Signs are permitted only when the premises are open for inspection and when an owner or owner's agent is on the premises and shall be installed no earlier than 8:00 a.m. and removed no later than sunset.

(3)

No part of any sign shall be placed between the back of the curb and the sidewalk. Also, signs shall not be placed within a public right-of-way. Signs may be posted on private property with the prior consent of the property owner.

(4)

Signs may be located only in the immediate vicinity of street intersections and shall not be located midblock, unless topography, landscaping, and/or other physical constraints interfere with sign visibility, in which case the sign may be located more distant from the intersection. The intent of the foregoing provision is to prohibit unnecessary multiple open house signs located mid-block.

(h)

Non-residential real estate signs. Temporary non-illuminated on-premises, non-residential real estate signs advertising the sale, rent, or lease of the property and the identification of the person or firm handling the

sale, lease or rent, shall be permitted on any building site subject to the following:

(1)

One free-standing sign is permitted per street frontage.

(2)

For free-standing signs, total aggregate sign area, including riders, shall not exceed 22 square feet.

(3)

Maximum height for free-standing signs shall be seven feet and maximum width shall be four feet.

(4)

No part of any free-standing sign shall be placed between the back of the curb and the sidewalk. Where a sidewalk is present, signs shall be placed a minimum of two feet behind the back of sidewalk. Where no sidewalk is present, signs shall be placed a minimum of five feet behind the back of curb. Signs shall not interfere with sight distance restrictions.

(5)

For lease spaces and individual suites, one window sign is permitted per building frontage. The real estate sign shall not cover more than 20 percent of the window or window pane in which it is placed.

(6)

For lease spaces and individual suites over 5,000 square feet or stand-alone single-tenant buildings, one wall sign is permitted per street frontage, provided that the size of the wall sign(s) does not exceed the maximum size permitted for the permanent wall signs per section 9-1-72 and/or any approved sign program as appropriate.

(7)

Signs shall be removed within five days after close of escrow, lease or rent.

(i)

New residential projects. Sign programs may be approved per the standards of section 9-1-35.24 and the procedures of section 9-1-76 for off-premise directional signs, model home complex signs, and other temporary signs associated with a new residential development. Such programs may allow modified standards from those set forth in this section provided the required findings for sign programs are met.

(j)

Holiday window displays. Temporary signs and displays, in the nature of decorations, may be placed in or painted on windows if incidental to and customarily associated an official state or federal holiday. Such displays shall not advertise the business name or products. The display of animated "chase" lights is permitted only in the month of December and only in association with Christmas.

(k)

Construction signs. For nonresidential and tract-residential, one construction sign, unlit and nonilluminated, stating the names of those individuals or firms directly connected with the construction or development of the project and their addresses and telephone numbers, shall be permitted on any building site, subject to the following:

(1)

Total aggregate sign area shall not exceed 32 square feet, and the maximum height shall be six feet.

(2)

No rider may be attached to the sign.

(3)

No part of any sign shall be located within the area between the back of curb and the sidewalk.

(l)

Construction entrance signs. One sign, unlit and non-illuminated, identifying the construction entrance for a project, shall be permitted on any building site, subject to the following:

(1)

Total aggregate sign area shall not exceed 24 square feet, and the maximum height shall be six feet.

(2)

No rider may be attached to the sign.

(3)

No part of the sign shall be located within the area between the back of curb and the sidewalk.

(m)

Seasonal temporary non-commercial signs. Seasonal temporary non-commercial signs shall be permitted, subject to the following:

(1)

Each sign shall not exceed four square feet in area and a maximum height of three feet.

(2)

Signs shall be placed no earlier than 45 days before a forthcoming federal, state, or local election in which Laguna Niguel voters participate.

(3)

Signs must be removed no later than five days after said election. If an election sign is not removed within five days after said election, the city may recover costs for removal.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2000-115, § 3, 7-5-00; Ord. No. 2012-171, § 5, 7-17-12; Ord. No. 2024-229, § 3, 5-21-24)

Sec. 9-1-75. - Signs exempt from permit requirements.

The signs listed in table 7-3, following, do not require a sign permit, nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of:

(1)

Obtaining any building or other permits required for sign erection, if any;

(2)

Proper sign maintenance; or

(3)

Compliance with applicable provisions of this subarticle or of any other law or ordinance. Exempt signs shall not be placed within any public right-of-way unless specifically permitted in this section.

TABLE 7-3. SIGNS NOT REQUIRING A SIGN PERMIT

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2000-115, § 3, 7-5-00)

Sec. 9-1-76. - Sign programs.

(a)

Purpose. Sign programs are intended to provide incentive and latitude in order to achieve variety, effective identification, attractive appearance, and coordinated design for multi-tenant centers and other applicable projects.

(b)

Modifications to standards. The standards of this subarticle relating to sign number, placement, size, and height may be modified for signs in an approved sign program provided all requirements of this section are satisfied.

(c)

Applicability. Sign programs shall be required for all shopping centers, office complexes, business parks, and similar projects. In addition, freestanding business uses over 10,000 square feet in gross floor area, multiple centers or building sites sharing a common access, and other projects identified in this Code are also eligible for approval of sign programs.

(d)

Procedures.

(1)

Sign programs shall be approved via a site development permit per section 9-1-114. All permanent signs subject to an approved sign program shall be consistent with that sign program. In cases where a sign program has not been adopted, individual signs shall be subject to approval of a sign permit per section 9- 1-78.1.

(2)

The decision-making authority, upon completion of its review, may attach appropriate conditions to any sign program approval.

(3)

The following findings are required for approval of a sign program in addition to the other findings required for approval of a site development permit:

a.

The sign program is consistent with the purpose and intent of this subarticle;

b.

All signs within the sign program are visually coordinated via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape.

c.

The signs within the sign program relate visually to the buildings, storefronts, or tenant spaces they identify. This may be accomplished by utilizing materials, colors, or design motif of the building being identified.

(e)

Pre-1990 sign programs. For any sign program adopted prior to January 1, 1990, the community development director shall determine if new signs or sign modifications subject to the program are consistent with the sign regulations in this subarticle. Upon submittal of an application for a sign permit, the director shall determine if the sign is of superior design and if it meets the intent of these regulations. If the director determines that the proposed sign is not consistent, the sign(s) shall be permitted only upon approval of a site development permit per section 9-1-114.

(f)

Submission materials. Applications for a sign program shall be accompanied by the following plans in addition to other applicable site development permit application materials:

(1)

Site plan. A plan, drawn to scale, delineating the site proposed to be included with the sign program.

(2)

Building elevations. Drawings and/or sketches indicating the exterior surface details of all structures on the site.

(3)

Identification signs. Drawings, to scale, indicating the sign copy size, method and intensity of illumination, height, sign area and location of all signs.

(4)

Ancillary signs. The sign program submission shall include all ancillary signs, such as interior directional and traffic control signs, handicap parking signs, liability disclosure signs, address number, etc., and shall show size, location and design of each such sign.

(Ord. No. 99-107, § 5, 2-2-99)