In order to permit certain uses in some districts or areas where
they may be appropriate but may not otherwise be compatible with other
permitted uses in the district or where additional development or
performance standards are needed, the special regulations are established
to ensure the adequacy of development and performance standards and
the compatibility of these uses so they may be established and maintained
in harmony with surrounding uses.
The special regulations contained in this section shall govern
the land, uses, buildings, structures and improvements specified below
or where so designated in the district regulations. Except as otherwise
provided in this section, no use, building or structure shall be established,
enlarged, operated or maintained unless such use, building or structure
conforms with applicable standards within this section and in the
district regulations.
(Ord. 176 § 1, 2007)
In addition to the requirements of each district, the following
performance and development standards shall apply to the establishment,
maintenance and operation of animal hospitals and clinics in any district
in which they are permitted:
A. All
animal service and confinement areas shall be in an air-conditioned
and sound-attenuated building.
B. Air
conditioning shall be sound attenuated so as to minimize noise from
within the building.
C. Facilities
for housing of not less than five animals shall be maintained on the
premises.
D. Runs
shall be in an air-conditioned and sound-attenuated building.
E. All
facilities for treatment and confinement of animals shall be designed,
installed or constructed and maintained in a manner meeting the approval
of the Director, Animal Control, Health Care Agency.
(Ord. 176 § 1, 2007)
In addition to the required setbacks for structures in Sections
9.72.100,
9.144.030,
9.144.040 and
9.144.080, pens, cages, corrals, stables and other structures specifically for keeping animals overnight, other than in the residence, shall be located at least 50 feet from any adjoining existing residential structure, or if no residential structure exists, at least 50 feet from such areas where a residential structure may be legally located. Such areas may be defined by any combination of zoning setback requirements, easements, and/or recorded CC&Rs. Exceptions to the above may be provided for by an approved specific plan or planned community text or use permit. (Information note: The types, number and manner in which pets and animals are kept is to be regulated, if at all, via the Health Sanitation, and Animal Code by the County Health Officer.)
(Ord. 176 § 1, 2007; Ord. 243 § 24, 2012)
In addition to the requirements for each district, the following
procedures are applicable to the principal uses and activities listed
below:
A. Hazardous Materials Disclosure. Prior to issuance of certificates of use and occupancy for commercial uses listed in subsection
C, the applicant shall comply with Title IV, Division 3, Article 4 of the County's Codified Ordinances, in a manner approved by the Fire Department.
B. Waste Management. Prior to issuance of certificates of use and occupancy for commercial uses listed in subsection
C, the applicant shall provide plans or identify measures to comply with Chapter 6.5 State
Health and Safety Code and Title 22 Administrative Code, in a manner approved by the Health Care Agency and sewering agency.
C. List
of Activities to Which This Section Is Applicable.
1. Automotive
and vehicle maintenance, repair, or painting;
2. Chemical
and commercial cleaning product distribution/sales;
3. Cleaners,
self-service laundries, and vehicle washes;
4. Home
improvement product, lumber, and hardware sales;
10. Oil and gas exploration and extraction;
11. Paint and finishing product sales;
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;
17. Transportation service facilities;
19. Waste disposal and treatment operations;
20. Wrecking and salvage facilities;
21. Other generation of hazardous waste, including material(s) to be
disposed of by sanitary sewer.
D. Underground
Storage Tanks. Prior to issuance of certificates of use and occupancy
for underground tanks to store any hazardous materials, the applicant
shall provide plans or identify measures to comply with Chapter 6.7
State
Health and Safety Code and Title 23 Administrative Code, in
a manner approved by the Health Care Agency.
E. Approval.
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, Orange County Fire Authority or
County Health Care Agency to suspend operations for public safety
reasons.
(Ord. 176 § 1, 2007)
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 California
Government Code Sections 65852.2 and 65852.22.
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)(9) 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:
"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:
"Accessory structure"
means a structure that is accessory and incidental to a dwelling
located on the same lot.
"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.
"Director"
means the Director of Community Development.
"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
reasonable size in relation to the size of the JADU.
"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 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)(5) of this section.
"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.
"Multifamily dwelling"
means any structure with two or more attached dwellings on
a single lot (e.g., apartments, attached townhomes, row houses).
"Passageway"
means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
"Proposed dwelling"
means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
"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.
"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 under this section:
1. Building-Permit Only. If an ADU or JADU complies with each of the general requirements in subsection
(E) below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-Family Lot. One ADU (as described in this subsection
(D)(1)(a)) and one JADU on a lot with a proposed or existing single-family
dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling;
or 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.
ii. Has exterior access that is independent of that for the single-family
dwelling.
iii.
Has side- and rear-yard setbacks sufficient for safety, as dictated
by applicable building and fire codes.
b. Limited Detached on Single-Family Lot. One detached, new-construction
ADU on a lot with a proposed or existing single-family dwelling (in
addition to any JADU that might otherwise be established on the lot
under subsection (D)(1)(a) of this section), if the detached ADU complies
with the following limitations:
i. The side- and rear-yard setbacks are at least four feet.
ii. The total floor area is 800 square feet or smaller.
iii.
The peak height above grade does not exceed the applicable height
limit provided in subsection (E)(2) below.
c. Converted on Multifamily Lot. 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
(D)(1)(c), at least one converted ADU is allowed within an existing
multifamily dwelling, up to a quantity equal to 25% of the existing
multifamily dwelling units.
d. Limited Detached on Multifamily Lot. No more than two detached ADUs
on a lot that has an existing or proposed multifamily dwelling, if
each detached ADU satisfies the following limitations:
i. 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.
ii. The peak height above grade does not exceed the applicable height
limit provided in subsection (E)(2) below.
2. ADU
Permit—Required and Fee.
a. Except as allowed under subsection (D)(1) of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections
(E) and
(F) below.
b. 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 established by resolution
of the City Council.
3. Process
and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary
review or a hearing.
b. 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 completed
application. If the City has not approved or denied the completed
application, the application is deemed approved unless either:
i. The applicant requests a delay in writing, in which case the 60 day
time period is tolled for the period of the requested delay; or
ii. 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.
c. 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)(b)
above.
d. 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. General
ADU and JADU Requirements. The following requirements apply to all
ADUs and JADUs that are approved under subsection (D)(1) or (D)(2)
of this section:
1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection
(D)(1) above may be created on a lot in a residential or mixed-use
zone.
b. An ADU or JADU subject to an ADU permit under subsection (D)(2) above
may be created on a lot that is zoned to allow single-family dwelling
residential use or multifamily dwelling residential use.
2. Height.
a. Except as otherwise provided by subsections (E)(2)(b) and (E)(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 single-family or multifamily dwelling
unit that is located within 1/2 mile walking distance of a major transit
stop or a 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 (E)(2)(d) may not exceed
two stories.
e. For purposes of this subsection (E)(2), height is measured above
existing legal grade to the peak of the structure.
3. Fire
Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required
in the primary residence.
b. The construction of an ADU 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 65852.26, 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 on-site waste-water
treatment system, the owner must include with the application (as
required by subsection (D)(1) or (D)(2) above) a percolation test
completed within the previous five years or, if the percolation test
has been recertified, within the last 10 years.
7. Owner
Occupancy.
a. An ADU that is permitted after January 1, 2020, but before January
1, 2025, is not subject to any owner-occupancy requirement.
b. Unless applicable law requires otherwise, all ADUs that are permitted
on or after January 1, 2025 are subject to an owner-occupancy requirement.
A natural person with legal or equitable title to the property must
reside on the property as the person's legal domicile and permanent
residence.
c. As required by State law, all JADUs are 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. However,
the owner-occupancy requirement of this paragraph does not apply if
the property is entirely owned by another governmental agency, land
trust, or housing organization.
8. Deed
Restriction. Prior to issuance of a building permit for an ADU or
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. The deed restriction must run with the land and bind all
current and future owners. The form of the deed restriction will be
provided by the City and must provide that:
a. Except as otherwise provided in
Government Code Section 65852.26,
the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or 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
all current and future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU
or JADU, as evidenced by, for example, removal of the kitchen facilities
with a demolition permit. To remove the deed restriction, an owner
may make a written request of the Director, providing evidence that
the ADU or JADU has in fact been eliminated. The Director may then
determine whether the evidence supports the claim that the ADU or
JADU has been eliminated. Appeal may be taken from the Director's
determination consistent with other provisions of this Code. If the
ADU or JADU is not entirely physically removed, but is only eliminated
by virtue of having a necessary component of an ADU or 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 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 ADU or 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 (E)(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 (E)(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.
F. Specific
ADU Requirements. The following requirements apply only to ADUs that
require an ADU permit under subsection (D)(2) of this section.
1. Maximum
Size.
a. The maximum size of a detached or attached ADU subject to this subsection
(F) is 850 square feet for a studio or one bedroom unit and 1,000 square feet 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 in floor area to the equivalent of 50%
of the floor area of the existing primary dwelling.
c. No application of the percent-based size limit in subsection (F)(1)(b)
above or of a front yard setback requirement may require the ADU to
be less than 800 square feet.
2. Setbacks.
a. An ADU subject to this subsection
(F) must conform to a 25 foot front-yard setback, subject to subsection (F)(1)(c) above.
b. An ADU that is subject to this subsection
(F) must conform to four foot side and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection
(F) 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)(10) of this section, is
required for an ADU.
4. Parking.
a. Generally. One off-street parking space is required for each ADU.
The parking space may be provided in setback areas or as tandem parking,
as defined by subsection (C)(13) of this section.
b. Exceptions. No parking under subsection (F)(4)(a) is required in
the following situations:
i. The ADU is located within 1/2 mile walking distance of public transit,
as defined in subsection (C)(12) of this section.
ii. The ADU is located within an architecturally and historically significant
historic district.
iii.
The ADU is part of the proposed or existing primary residence
or an accessory structure (under subsection (D)(1)(a)).
iv. When on-street parking permits are required but not offered to the
occupant of the ADU.
v. When there is an established car share vehicle stop located within
one block of the ADU.
vi. When the permit application to create an ADU is submitted with an
application to create a new single-family or new multifamily dwelling
on the same lot, provided that the ADU or the lot satisfies any other
criteria listed in subsections (F)(4)(b)(i) through (F)(4)(b)(v) above.
c. No Replacement. When a garage, carport, or covered parking structure
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.
d. Driveway. The ADU and primary dwelling must use the same paved driveway
for vehicular access between the street and any spaces provided for
off-street parking, whether open or enclosed, including any garage.
An existing driveway serving the primary residence may be widened
to accommodate any new parking space serving the ADU, provided that
the maximum width of the driveway does not exceed 30 feet or 60% of
the width of the lot, whichever is greater. For purposes of determining
the maximum driveway width, the width of the lot is measured along
the property line over which driveway access from the street is provided.
All driveways must have a minimum depth of 18 feet on private property.
e. Each unenclosed parking space shall be at least nine feet wide and
18 feet long.
f. Each parking space that is provided in an enclosed garage shall be
at least 10 feet wide and 20 feet long and have at least seven and
one-half (7 ½) feet vertical clearance.
5. Architectural
Requirements.
a. The ADU must have an independent exterior entrance, apart from that
of the primary dwelling.
b. The interior horizontal dimensions of an ADU must be at least 10
feet wide in every direction.
G. Fees.
The following requirements apply to all ADUs that are approved under
subsection (D)(1) or (D)(2) above.
1. Impact
Fees.
a. No impact fee shall be required for an ADU that is less than 750
square feet in size. For purposes of this subsection (G)(1), "impact
fee" means a "fee" under the Mitigation Fee Act (
Government Code Section
66000(b)) and a fee under the Quimby Act (
Government Code Section
66477). "Impact fee" does not include any connection fee or capacity
charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 750 square feet
or larger in size 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
Connection and Fees.
a. If an ADU is constructed with a new single-family home, a separate
gas and electric utility connection directly between the ADU 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 (G)(2)(a), converted ADUs on a
single-family lot that are created under subsection (D)(1)(a) above
are not required to have a new or separate utility connection directly
between the ADU and the utility. Nor is a connection fee or capacity
charge required.
c. Except as described in subsection (G)(2)(a), all ADUs not covered
by subsection (G)(2)(b) require a new, separate gas and electricity
utility connections directly between the ADU and the utility.
i. The connections are subject to a connection fee that is proportionate
to the burden created by the ADU, based on floor area.
ii. The portion of the fee or charge that is charged by the City may
not exceed the reasonable cost of providing this service.
H. 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 constructed before 2018.
a. Permit to Legalize. As required by State law, the City may not deny
a permit to legalize an existing but unpermitted ADU that was constructed
before January 1, 2018, if denial is based on either of the following
grounds:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the State ADU law (
Government Code Section
65852.2) or this section.
b. Exceptions.
i. Notwithstanding subsection (H)(2)(a) above, the City may deny a permit
to legalize an existing but unpermitted ADU that was constructed before
January 1, 2018, if the City makes a finding that correcting a violation
is necessary to protect the health and safety of the public or of
occupants of the structure.
ii. Subsection (H)(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.
I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections
(A) through (H)(2) of this section may be allowed by the City with a use permit, in accordance with Chapter
9.184 of this Code.
(Ord. 176 § 1, 2007; Ord. 298 § 3, 2017; Ord. 336 § 4, 2020; Ord. 343 §§ 5—7, 2021; Ord. 355 § 4, 2022; Ord. 361 § 5, 2023)
In addition to the requirements for each 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:
A. Purpose
and Intent. These regulations 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.
They are intended to protect the rights of the residents to engage
in certain home occupations that are harmonious with a residential
environment.
B. Home Occupations Permitted. Home occupations are permitted when conducted as an accessory use to a residential use in any district that specifies home occupations as a permitted use, subject to the requirements of subsection
C of this section.
C. General
Requirements. The establishment and conduct of home occupations shall
comply with the following requirements:
1. There
shall be no exterior evidence of the conduct of a home occupation.
2. A
home occupation shall be conducted only within the enclosed living
area of the dwelling unit.
3. Electrical
or mechanical equipment which creates visible or audible interference
in radio or television receivers or causes fluctuations in line voltage
outside the dwelling unit shall be prohibited.
4. Only
the residents of the dwelling unit may be engaged in the home occupation.
5. There
shall be no sale of goods not produced on the premises.
6. The
establishment and conduct of a home occupation shall not change the
principal character or use of the dwelling unit involved.
8. Required
residential off-street parking shall be maintained.
9. A
home occupation shall not create greater vehicular or pedestrian traffic
than normal for the district in which it is located.
10. No more than two customers or clients may be at the dwelling unit
at a time.
11. No more than 20% of the floor area of the dwelling unit may be used
for the home occupation; any business use of the dwelling unit that
exceeds 20% constitutes a primarily commercial use and is prohibited
in all residential zones.
(Ord. 176 § 1, 2007; Ord. 297 § 9, 2017)
In addition to the requirements for each district, the following
procedure and standards are applicable to the construction, establishment
and maintenance of any multiple-family residential project consisting
of five or more dwelling units in any district in which they are permitted.
The procedures and standards are not applicable to single-family and
to multiple-family projects of four or less dwelling units.
A. Prior
to issuance of a building permit or a grading permit, a site development
permit shall be approved by the Director of Community Development,
or by the Planning Commission when the Director of Community Development
determines that the public would be better served by a public hearing
before the Planning Commission.
B. The Director of Community Development, shall approve or conditionally approve an application for a multiple-family site development permit in compliance with the procedures required by Section
9.184.010 after having determined that, in accordance with any necessary conditions, the project will comply with all applicable regulations of the district in which the property is located, and with all of the following additional standards and requirements:
1. All
of the infrastructure facilities shall be adequate to serve the project
when all conditions are complied with, without overloading such facilities
to the detriment of other uses in the vicinity.
2. Ingress and egress between the project and abutting streets shall be adequate to serve the project and shall be in compliance with the Orange County Standard Plans, as adopted by the City through Section
14.05.010, as amended.
3. Open
space and recreation facilities shall be sufficient to serve the needs
of the occupants and shall be in compliance with applicable City standards
for open space and recreation.
4. Parking
areas shall be well lighted and shall be situated in such a manner
that entrances to individual parking spaces, garages and carports
will be commonly visible from dwelling units. Parking areas and facilities
shall be situated in a manner that will make them more convenient
for occupants to use than on-street parking.
5. Solid
waste disposal stations shall be provided within enclosed areas which
will be conveniently accessible for all dwelling units and for trash
pickup trucks.
6. Any
additional features necessary to comply with City standards, such
as screening, sound attenuation, architectural design, etc., shall
comply with applicable City standards and regulations.
C. The Planning Commission may approve an application for a multiple-family site development permit in compliance with the public hearing and use permit procedures required by Section
9.184.010. The standards listed in subsection
B may be used as criteria for making a determination.
D. Each
multiple-family project shall be established and maintained in compliance
with the approved site development permit.
(Ord. 176 § 1, 2007)
Such activities as fuel modification, agricultural use, relandscaping,
removal of vegetation or grading, in areas identified by the General
Plan, an implementing specific plan, applicable resource management
plan or final CEQA document as having specified biotic resources of
significance, shall comply with the resource management policies and
measures contained therein.
(Ord. 176 § 1, 2007)
If compatible with the purpose and intent of the applicable zoning district, heliports/helistops are allowed subject to a use permit approved by the Planning Commission per Section
9.184.010. All heliports/helistops are subject to review by the Airport Land Use Commission and FAA and State Division of Aeronautics regulations. Additionally, if approved, heliports/helistops located in residential areas shall not operate between the hours of 9:00 p.m. to 7:00 a.m. unless otherwise provided for by the required use permit. However, emergency medical flights are exempted from this restriction.
(Ord. 176 § 1, 2007)
All references to this section shall include Sections
9.146.110.1 through
9.146.110.9, as appropriate. The following special regulations and minimum requirements shall apply to landscape projects.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
Except where the context of such words or phrases clearly indicates a different meaning or construction, the following words, terms, and phrases, when used in Section
9.146.110, shall have the meanings ascribed to them in this section.
"Aggregate landscape areas."
The areas undergoing development as one project or for production
home neighborhoods or other situations where multiple parcels are
undergoing development as one project, but will eventually be individually
owned.
"Applied water."
The portion of water supplied by the irrigation system to
the landscape.
"Budget-based tiered-rate structure."
The tiered or block rates for irrigation accounts charged
by the retail water agency in which the block definition for each
customer is derived from lot size or irrigated area and the evapotranspiration
requirements of landscaping.
"Community aesthetics evaluation."
While not subject to a permit, plan check or design review,
the Community Aesthetics Evaluation may be performed to ensure the
aesthetic standards of the community and irrigation efficiency intent
is maintained.
"Estimated applied water use."
The average annual total amount of water estimated to be
necessary to keep plants in a healthy state, calculated as provided
in the Guidelines. It is based on the reference evapotranspiration
rate, the size of the landscaped area, plant water use factors, and
the relative irrigation efficiency of the irrigation system.
"ET adjustment factor" or "ETAF."
The factor that is equal to the plant factor divided by the
irrigation efficiency factor for a landscape project, as described
in the Guidelines. The ETAF is calculated in the context of local
reference evapotranspiration, using site-specific plant factors and
irrigation efficiency factors that influence the amount of water that
needs to be applied to the specific landscaped area. ETAF means a
factor of 0.55 for residential areas and 0.45 for non-residential
areas, that, when applied to reference evapotranspiration, adjusts
for plant factors and irrigation efficiency, two major influences
upon the amount of water that needs to be applied to the landscape.
The ETAF for new and existing (non-rehabilitated) special landscape
areas shall not exceed 1.0. The ETAF for existing non-rehabilitated
landscapes is 0.8.
"Guidelines."
The guidelines for implementation of the City of Lake Forest Water Efficient Landscape Regulations, which describe procedures, calculations, and requirements for landscape projects, as they may be amended from time to time pursuant to Section
9.146.110.
"Hardscape."
Any durable material or feature (pervious and impervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscape for purposes of Section
9.146.110.
"Irrigation efficiency."
The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of Section
9.146.110 are 0.75 for overhead spray devices and 0.81 for drip systems.
"Landscape contractor."
A person licensed by the State of California to construct,
maintain, repair, install, or subcontract the development of landscape
systems.
"Landscaped area."
All the planting areas, turf areas, and water features in
a landscape design plan subject to the maximum applied water allowance
and estimated applied water use calculations. The landscaped area
does not include footprints of buildings or structures, sidewalks,
driveways, parking lots, decks, patios, gravel or stone walks, other
pervious or impervious hardscape, and other non-irrigated areas designated
for non-development (e.g., open spaces and existing native vegetation).
"Landscape documentation package."
The package of documents that a project applicant is required
to submit to the City for review and approval of landscape design
projects, as described in the Guidelines.
"Local agency."
A city or county, including a charter city or charter county, that is authorized by the City to implement, administer, and/or enforce any of the provisions of Section
9.146.110 on behalf of the City. The local agency may be responsible for the enforcement or delegation of enforcement of Section
9.146.110, including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.
"Local water purveyor."
Any entity, including a public agency, City, County, or private
water company that provides retail water service.
"Maximum applied water allowance" or "MAWA."
The upper limit of annual applied water for the established
landscaped area as specified in Section 2.2 of the Guidelines. It
is based upon the area's reference evapotranspiration, the ET adjustment
factor, and the size of the landscaped area. The estimated applied
water use shall not exceed the maximum applied water allowance.
"Model Ordinance."
The Model Water Efficient Landscape Ordinance adopted by
the California Department of Water Resources in accordance with California
Government Code Section 65591 et seq.
"New construction."
A new building with landscaping or a landscape-dominated
project, such as a park, playground, playing field, or greenbelt or
other new landscape, which may or may not have an associated building
or structure.
"Non-pervious"
means any surface or natural material that does not allow
for the passage of water through the material and into the underlying
soil.
"Permit."
An authorizing document issued by local agencies for new
construction or rehabilitated landscape.
"Pervious."
Any surface or material that allows the passage of water
through the material and into the underlying soil.
"Plant factor" or "plant water use factor."
A factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of Section
9.146.110, the plant factor range for very low water use plants is 0 to .1; the plant factor range for low water use plants is 0.2 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in Section
9.146.110 are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
"Recycled water" or "reclaimed water."
Treated or recycled waste water of a quality suitable for
nonpotable uses such as landscape irrigation and water features, and
which is not intended for human consumption.
"Reference evapotranspiration" or "ETo."
A standard measurement of environmental parameters which
affect the water use of plants. ETo is given expressed in inches per
day, month, or year as represented in Appendix D of the Guidelines,
and is an estimate of the evapotranspiration of a large field of four
to seven (7) inch tall, cool-season grass that is well watered. Reference
evapotranspiration is used as the basis of determining the maximum
applied water allowances.
"Rehabilitation project."
Any re-landscaping project that meets the applicability criteria
of Section 9.164.110.3, where the modified landscape area is equal
to or greater than 2,500 square feet.
"Special landscaped area."
An area of landscape dedicated solely to edible plants such
as orchards and vegetable gardens, areas irrigated with recycled water,
water features using recycled water, and recreational areas.
"Turf."
A groundcover surface of mowed grass. Annual bluegrass, Kentucky
bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season
grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine
grass, Zoysia grass, and Buffalo grass are warm-season grasses.
"Valve."
A device used to control the flow of water in an irrigation
system.
"Water feature."
A design element where open water performs an aesthetic or
recreational function. Water features include ponds, lakes, waterfalls,
fountains, artificial streams, spas, and swimming pools (where water
is artificially supplied). The surface area of water features is included
in the high water use hydrozone of the landscaped area. Constructed
wetlands used for on-site wastewater treatment or stormwater best
management practices that are not irrigated and used solely for water
treatment or storm water retention are not water features and, therefore,
are not subject to the water budget calculation.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
A. The purpose of Section
9.146.110 is to promote the conservation and efficient use of water and to prevent the waste of this valuable resource.
B. The intent of Section
9.146.110 is to establish alternative regulations that are at least as effective as the model ordinance established by the State Department of Water Resources.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
A. Beginning February 1, 2016, and consistent with Executive Order No. B-29-15, Section
9.146.110 shall apply to the following landscape projects:
1. New development projects with an aggregate landscape area equal to
or greater than 500 square feet, requiring a building or landscape
permit, plan check or design review;
2. Rehabilitated landscape projects with an aggregate landscaped area
equal to or greater than 2,500 square feet, requiring a building or
landscape permit, plan check or design review;
3. Existing landscapes when alterations or expansions to existing nonresidential
development or residential projects are proposed, to the greatest
extent feasible, as determined by the Director of Community Development.
The approval of a discretionary application for alterations or expansions
to an existing nonresidential development or residential projects
may include conditions of approval requiring compliance with the requirements
of this section. This section does not apply to changes of use or
interior tenant improvements that do not require discretionary approval;
and
4. Any project with an aggregate landscape area of 2,500 square feet
or less may comply with the performance requirements of this section
or conform to the prescriptive measures contained in Appendix A of
the Guidelines;
5. For projects using treated or untreated graywater or rainwater capture
on site, any lot or parcels within the project that has less than
2,500 square feet of landscape area and meets the lot or parcel's
landscape water requirement (estimated total water use) entirely with
the treated or untreated graywater or though stored rainwater capture
on site is subject only to Appendix A of the Guidelines.
6. At cemeteries, Sections 2.9, 2.10, and Appendix C of the Guidelines
shall apply to new landscape installations and Sections 2.9, 2.10,
and 3 of the Guidelines shall apply to landscape rehabilitation projects.
B.
1. All landscaped areas, whether installed prior to or after January
1, 2010; and
2. All landscaped areas installed after February 1, 2016 to which Section
1.1(a) is applicable.
C.
1. Registered local, State, or Federal historical sites;
2. Ecological restoration projects that do not require a permanent irrigation
system;
3. Mined-land reclamation projects that do not require a permanent irrigation
system; or
4. Plant collections, as part of botanical gardens and arboretums open
to the public.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
A. Prior to installation, a landscape documentation package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of Section
9.146.110. Any landscape documentation package submitted to the City shall comply with the provisions of the Guidelines.
B. The landscape documentation package shall include a certification by a landscape professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of such licensed landscape professional and are certified to be in compliance with the provisions of Section
9.146.110 and the Guidelines.
1. Landscape and irrigation plans shall be submitted to the City for
review and approval with appropriate water use calculations. Water
use calculations shall be consistent with calculations contained in
the Guidelines and shall be provided to the local water purveyor,
as appropriate, under procedures determined by the City.
2. Verification of compliance of the landscape installation with the
approved plans shall be obtained through a certificate of completion
as provided in the Guidelines, and where applicable, in conjunction
with a certificate of occupancy or permit final process, as provided
in the Guidelines.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
A. For applicable landscape installation or rehabilitated landscape projects subject to Section
9.146.110.3(A), the estimated applied water use allowed for the landscaped area shall not exceed the MAWA calculated using the appropriate ETAF, as defined in Section
9.146.110.1; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided in the Guidelines.
B. Irrigation
of all landscaped areas shall be conducted in a manner conforming
to the rules, and requirements, and shall be subject to the penalties
and incentives for water conservation and water waste prevention as
determined and implemented by the applicable local water purveyors
or as mutually agreed by the local water purveyors and the City.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
The City may delegate to, or enter into a contract with, a local agency to implement and administer and/or enforce any of the provisions of Section
9.146.110 on behalf of the City.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
The City shall adopt guidelines for the implementation of Section
9.146.110. Such guidelines may be amended from time to time by resolution of the City Council. Notwithstanding the forgoing, the City Manager may establish any forms or other related documents to administer compliance with the Guidelines as he or she deems appropriate and in furtherance of Section
9.146.110.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
Without limiting the City's rights to take any enforcement action permitted under law, any violation of Section
9.146.110 shall be subject to administrative citation in accordance with Chapter
1.16 of this Code.
In addition to the costs which may be recovered pursuant to the Municipal Code, and in order to recover the costs of the water efficient landscape regulatory program set forth in Section
9.146.110, the City Council may, from time to time, fix and impose by resolution fees and charges. The fees and charges may include, but are not limited to, fees and charges for:
A. Any
visits of an enforcement officer, or other city staff or authorized
representative of the City for time incurred for inspections of property;
B. Any monitoring, inspection, and surveillance procedures pertaining to enforcement of Section
9.146.110;
C. Enforcing compliance with any term or provision of Section
9.146.110;
D. Any
other necessary and appropriate fees and charges to recover the cost
of providing the City's water efficient landscape regulatory program.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
If provisions of Section
9.146.110 are in conflict with each other, other provisions of the Municipal Code, the City's general plan, any City adopted specific plan or master plan, any resolution or ordinance of the City, or any State law or regulation, the more restrictive provisions shall apply.
(Ord. 207 § 3, 2009; Ord. 283 § 3, 2016)
A. Purpose
and Intent. The overall design, construction, appearance, operation
and maintenance of the facility should provide an environment that
is safe, secure, functional, and appropriate to the surrounding community.
B. Development
Standards. The shelter shall comply with all development standards
of the zoning district in which it is located except as modified by
these special regulations.
C. Maximum
Number of Persons/Beds. The shelter shall contain a maximum of 10
beds and serve no more than 10 people per night.
D. Parking
Ratio. Subject to
Government Code Section 65583(a)(4)(A)(ii), on-site
parking shall be a minimum of one space per employee in the largest
shift.
E. Management
Standards. The emergency shelter shall meet the following management
standards:
1. No
more than one shelter shall be permitted within a radius of 300 feet
from another such shelter.
2. No
resident can stay more than 180 nights per calendar year.
3. Hours
of Operation. The shelter may only operate between 5:00 p.m. and 8:00
a.m. daily.
4. The
shelter shall provide the following mandatory facilities: a separate
intake area of a minimum 250 square feet, office areas for administrative
purposes, restrooms, and general storage.
5. Adequate
outdoor lighting shall be provided for security purposes. Lighting
shall be stationary, permanent, directed away from adjacent properties
and public rights-of-way, and of intensity compatible with and similar
to the surrounding area. See also Section 9.72.085(A)(3).
6. Facility
management shall include the following:
a. On-site management and on-site security shall be provided during
all hours when the shelter is in operation.
b. The facility shall have a written management plan which includes
at a minimum: 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
violations or infractions.
c. Facility shall be designed and rules in place to avoid loitering
on or adjacent to the site by patrons.
d. The facility shall clearly post written eligibility and admission
policies and procedures as well as dates, times, and services available.
7. The
facility shall conform to and maintain all applicable State and local
building codes, fire codes, occupancy standards and other relevant
codes and regulations and permits.
8. The
facility shall maintain staffing levels consistent with industry standards.
9. The
facility shall be maintained in a safe and sanitary condition.
(Ord. 250 § 3, 2013; Ord. 252 § 2, 2013; Ord. 363 § 16, 2023)
A. Single-room occupancy (SRO) facilities shall be permitted in any district, planned community, or specific plan area zoned for hotels subject to the approval of a use permit by the Planning Commission per Section
9.184.010.
B. SRO facilities shall be treated as nonresidential uses. As such, Section
9.152.010 does not apply and residential dwelling unit limitations (e.g., statistical summary) are not applicable.
C. In
the absence of findings as set forth in Section 9.168.010.7, SRO parking
standards shall be 0.5 for each guest unit, plus one for each employee.
D. A management
plan shall be submitted as part of the use permit application for
review and approval by the Planning Commission. The management plan
shall contain management policies, operations, emergency procedures,
security program, rental procedures, maintenance plans, and staffing
needs.
E. An
on-site, 24 hour manager is required in every SRO project. In addition,
a single manager's unit shall be provided which shall be designed
as a complete residential unit, and be a minimum of 225 square feet
in size.
(Ord. 176 § 1, 2007; Ord. 297 § 10, 2017)
Employee Housing. In accordance with California Health and Safety
Code Section 17021.5, subdivision (b):
A. Employee
housing with a permit from the statutory enforcement agency to serve
six or fewer employees is considered a single-family residential structure.
B. No
use permit, site development permit, variance, or other zoning clearance
is required for employee housing serving six or fewer employees unless
the same is required for a family dwelling of the same type in the
same zone.
C. In
accordance with California
Health and Safety Code Section 17007, for
purposes of this section, "statutory enforcement agency" refers to
the Department of Housing and Community Development unless and until
the City of Lake Forest or the County of Orange assumes responsibility
for enforcing the Employee Housing Act under
Health and Safety Code
Section 17050.
(Ord. 363 § 20, 2023)