(G) Site development permit required.
(1) Proposed projects subject to this section shall requi re the approval of a site development permit by the planning commission in accordance with § 9-1-114. The planning commission shall approve such a permit only if it finds that the project is in substantial conformance with the hillside protection policies set forth in division (B) above.
(2) Grading plans for development of existing single parcels subject to this section shall be reviewed concurrently with building plans. Grading plans for subdivisions subject to this section shall be reviewed concurrently with the tentative maps. Building plans shall also be reviewed concurrently with the tentative map unless the subdivider warrants that the subdivision is a lot sale project only. (H) Information to be submitted with project applications. In addition to the standard materials required to be submitted with project applications, the following items shall be submitted for review of any project subject to this article:
(1) A topographic map showing existin g terrain at a scale no smaller than one inch equals 100 feet and a contour interval of no greater than two feet for slopes up to 20%, no greater than five feet for slopes between 20% and 35%, and no greater than ten feet for slopes over 35%;
(2) A view analysis of the proposed project showing conformance with the hillside protection standards of division (C) above. Viewpoints shall include scenic highways from which the site is visible, or other viewpoints as approved by the community development director; and (3) Cross-sections through selected portions of the site at locations approved by the community development director.
(I) Environmental review. Environmental documentation for all projects subject to this section shall disclose the extent to which each project conforms to the standards contained in this section. (J) Open space easements. As a condition of a tentative map approval or other entitlement, the city may require the dedication to the public of open space easements over undeveloped portions of a site to ensure permanent preservation of such undeveloped portions in open space. (K) Effect of other regulations. The regulations in this section shall be in addition to other regulations in this zoning code, the subdivision code and other applicable land use ordinances and the engineering, stability, drainage and other provisions of the Grading code and the associated grading manual. In cases of conflict between this section and such other regulations, the planning commission shall apply that which it determines to be more rigorous.
(L) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Average slope gradient. The vertical distance between the highest and lowest points on a parcel, divided by the longest horizontal dimension of the parcel, with the result expressed as a percentage average for the entire parcel; e.g., "the parcel has a 20% average slope gradient" See also, "Slope gradient." Development. Alteration to existing land by means of:
(a) Grading other than that needed for geotechnical or other testing; or (b) The building of a stru cture or structures.
Endangered species. A species of plant or animal listed as endangered by the federal government or the state in accordance with their respective endangered species acts.
Exception. See "Exception" in Subchapter 2, Article 14.
Existing structures. Structures which received a certificate of use and occupancy, or final inspection approval if such a certificate is not applicable, prior to the submission of plans to the city for modifications thereto.
Grading quantity. Amount of earthwork in a grading plan; more specifically, the larger of cut, including any export, or fill, including any import.
Manufactured slope. A human-made slope created by grading.
Paragraph or division. A portion of this section beginning immediately after a lower case letter in parentheses, e.g., (A), and extending to the next such lower case letter in parentheses, e.g., (B).
Proposed development area. The area shown on a site development plan, grading plan, tentative tract map, or tentative parcel map which is within the limits of grading for the project.
Rare species. A species of plant or animal which, though not presently threatened with extinction, is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens (State CEQA Guidelines, California Code of Regulations, Title 14, § 15380 and California fish and game code § 1801).
Sensitive biological habitat.
(a) The specific areas within the geographical area occu pied by a threatened or endangered species, at the time such geographical area is listed as critical in accordance with the provisions of § 4 of the federal
Endangered Species Act of 1969, being 16 U.S.C. § 1533, on which are found those physical or biological features essential to the conservation of such species and which may require special management considerations or protection; and
(b) Specific areas outside the geographical area occupied by a threatened or endangered species at the time such geographical area is listed as critical in accordance with the provisions of § 4 of the federal Endangered Species Act, upon a determination by the secretary of the interior that such areas are essential for the conservation of the species.
Slope gradient. The vertical distance between two points on a slope divided by the horizontal distance between the same two points, with the result expressed as a percentage; e.g., "the slope has a 20% gradient" (usually used to describe natural, as opposed to manufactured, slopes). See also "Average slope gradient" for proposed development areas, preceding.
Slope ratio. The steepness of a slope expressed as a ratio of horizontal run to vertical rise corresponding to the horizontal run; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes).
Threatened species. A species of plant or animal listed as threatened by the federal government or the state in accordance with their respective endangered species acts. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 55, passed 8-3-21) §§ 9-1-82—9-1-90. Reserved.
ARTICLE 9. COMMUNITY DESIGN GUIDELINES
§ 9-1-91 General provisions.
All references to this § 9-1-91 shall include §§ 9-1-91.1 through 9-1-91.5. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-91.1 Purpose.
This article is a statement of city policy regarding physical design in the city. It provides architectural, landscape, site planning, and sign criteria for the design and review of proposed commercial, office, industrial, attached residential, and other development within the city. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-91.2 Goal and supporting objectives.
(A) Goal. The overall goal of this article is to enhance the quality of the manmade environment in the city. (B) Objectives. In order to advance the goal in division (A) above, the following objectives are hereby adopted:
(1) To create a set of explicit design standards to be used by city reviewing bodies to help guide decisions for approval or denial of proposed development projects and thereby protect the general welfare of the community;
(2) To create a set of explicit high quality design standards to be used by prospective developers and their site planners, architects, landscape architects, and engineers in designing proposed development projects;
(3) To encourage new development projects which:
(a) Utilize a variety of architectural styles and site designs; (b) Incorporate quality design features;
(c) Are both inviting and user-friendly to people;
(d) Offer pleasing and interesting views to pe destrians, motorists, and neighbors; and (e) Are architecturally distinctive yet in harmony with the surrounding natural and manmade environments.
(4) To provide a consistent approach to site planning, building design, signs, graphics, color, materials, lighting, landscaping, and other design elements; and
(5) To provide for city review of exterior modifica tions to commercial, industrial, office, and multiple- family residential projects which were in existence prior to the establishment of these Guidelines, while at the same time providing for ease in processing of such review with a minimum of cost and time to the applicant.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-91.3 Role of guidelines in project review.
(A) Guidelines to be considered as qualitative standards. (1) Guidance for decision makers. Although the design guidelines in this article are to be followed by developers, project designers, and city decision makers in the design and review of development projects, they are not precise zoning regulations with black-and-white allowances and standards.
Instead, the provisions of this article are to be considered qualitative standards of good design to assist city decision-makers in their discretionary judgments to approve or deny projects. This article should therefore motivate design efforts toward meeting the city's quality standards, either prior to project submission or via design modifications during project review. (2) Project character. In reviewing individual projects, the decision-making authority shall tailor the application of the guidelines in this article to the scale and character of the project. That is, the decision-making authority may grant relief from a policy guideline (i.e., identified by the word "should" per division (B) below) if it determines that, due to unusual project characteristics or small scale, no useful purpose would be served by the guideline in terms of advancing the goal and objectives set forth in § 9-1-91.2. For example, the decision-making authority might determine that the provisions promoting pedestrian links to offsite areas is not appropriate for a discount warehouse surrounded by arterials and non-pedestrian land uses. In addition, similar relief for "shall" or mandatory guidelines may be granted by means of an exception as provided in § 9-1-94.5. (B) Mandatory versus policy regulations.
(1) As a set of qualitative rather than either or standards, the guidelines in this article provide for levels of discretion by city decision-making authorities in their application of different standards. (2) Terms used to differentiate these levels are as follows. (a) The words "will" and "shall" id entify mandatory design or procedural requirements which the city determines to be essential to achieving the goal and objectives of these guidelines. Such requirements shall not be modified or waived unless an exception (per § 9-1-94.5) is approved by the decision- making authority.
(b) The word "should" identifies a policy guideline which must be followed in the absence of compelling opposing considerations identified by the city decision-making authority. (c) The words "may," "encouraged," "discouraged," and "be considered" identify optional, though highly recommended, guidelines.
(C) Effect of other regulations. The design guidelines in this article are intended to augment the other provisions of this zoning code, applicable planned community ordinances and specific plans, and other relevant regulations controlling land use or development. In case of conflict or discrepancy between this article and any other regulations, the decision-making authority shall apply that which it determines to be more rigorous.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-91.4 Applicability of design guidelines.
The design guidelines in this article shall apply as set forth in § 9-1-92.1 and § 9-1-93.1. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-91.5 Text references.
All references herein to chapters, sections, divisions, paragraphs, and similar text divisions shall be to this article unless some other document is specifically identified. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-92 Guidelines for nonresidential projects.
All references to this § 9-1-92 shall include §§ 9-1-92.1 through 9-1-92.6. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-92.1 Applicability of nonresidential guidelines.
(A) Site planning and landscape architecture. The nonresidential site planning and landscaping guidelines contained in this article shall apply to all nonresidential projects and to all projects which are predominantly nonresidential but which may also contain some residential uses, such as residential units above retail stores. (B) Architecture.
(1) Commercial guidelines. The commercial architectural guidelines of § 9-1-92.4. shall apply to the following projects:
(a) Freestanding retail buildings, sh opping centers, restaurants, and other commercial development; (b) Civic centers;
(c) Institutional buildings, such as churches, libraries, museums, schools, and colleges; (d) Small-scale hotels and hospitals, three stories or less; and (e) Mixed-use projects which are predominantly commercial but which also include other uses within the same building or cluster of buildings (e.g. residential units above retail stores or professional offices within a commercial building or shopping center).
(2) Office-industrial guidelines. The office-industrial architectural guidelines of § 9-1-92.5 shall apply to the following projects:
(a) Office and industrial buildings and parks;
(b) Utility substations;
(c) Large-scale hotels and hospitals, four stories or above; and (d) Mixed-use projects which are predominantly offi ce or industrial but which also contain small incidental commercial uses, such as a sandwich shop.
(3) Office or industrial buildings pr oposed for commercial areas. Notwithstanding the guidelines contained in divisions (B)(1) and (B)(2) above, in order to promote consistent design quality within the community's retail commercial areas, the city shall have the discretion of applying the commercial architectural guidelines of § 9-1-92.4 to office, industrial, or other buildings proposed for such commercial areas. Determinations to apply such commercial architectural guidelines shall be in accordance with the provisions of division (C) below.
(C) Alterations to existing nonresidential buildings or projects. (1) Alterations are subject to guidelines. Exterior alterations to existing nonresidential buildings or projects shall be subject to the Design Guidelines set forth in this article if such alterations require a site development permit per § 9-1-114.
(2) Significant exterior alterations.
(a) For significant alterations which meet the findings criteria set forth in divisions (C)(2)(b)1. And (C)(2)(b)2. below, the decision-making authority shall have the option of also requiring alterations to other portions of a building or project not proposed for alteration in order to bring the overall building or project into conformity with the design guidelines set forth in this article. Such alterations include changes to buildings, other than building painting or similar maintenance, and to non-building project improvements, such as parking, driveways, landscaping, etc. (b) For such review, the decision-making authority shall make the following findings:
1. In the case of buildings, the alterations exceed 10% of the value of the building or involve more than 10% of either the exterior wall or exterior roof area. In the case of projects, the improvements to be altered cover more than 10% of the project site; and
2. Such alterations are necessary to maintain or enhance the design integrity of the building or project and to advance the goal and objectives set forth in § 9-1-91.2. (3) Minor exterior alterations.
(a) Definition. A minor exterior alteration consists of changes to the exterior of a building or a project which are not so extensive as to meet the standards of division (C)(2) above for extending review to an entire building or project for compliance with these guidelines. Minor exterior alterations generally include changes to architectural features, exterior lighting, mechanical equipment screening, site landscaping, including tree removal, or repainting the exterior of a structure with different colors. A minor exterior alteration does not include repainting of a building with the existing colors or replacing existing landscaping with the same or similar plants. (b) Changed plan required. A minor exterior alteration, as defined in this division (C)(3), shall not be made to an existing building or project until it is administratively reviewed and approved by a changed plan processed in accordance with § 9-1-113.7. The director may refer such a proposed changed plan to the planning commission for review and approval if the director determines that the public interest would be better served by planning commission review of the proposed changed plan. Review of a proposed minor exterior alteration shall be limited to the proposed
alteration and shall not be a basis for or allow review of the entire building or project for compliance with the provisions of these guidelines.
(D) Determinations of applicability. In cases where it is uncertain which of the nonresidential site planning, landscaping, or architectural guidelines apply to a proposed project, the community development director shall decide based on his assessment of the overall character of the project and its proposed land use or mix of uses. However, in cases where the director concludes that, because of the large scale and/or prominent location of a project, the determination will materially affect achievement of the goal and objectives set forth in § 9-1-91.2, the determination of applicability shall be referred to the planning commission. (E) Effect of other regulations. The community design guidelines set forth in this article are intended to augment the circulation, access, parking, site planning, landscaping, architectural, and other design standards of this zoning code and the Orange County transportation planning division's "development plan review guidelines, criteria, and standards" adopted by the city. In case of conflict between any of the preceding regulations and this article, the decision-making authority shall apply that which it determines to be more rigorous. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-92.2 Nonresidential site planning.
(A) Project access.
(1) Project identification.
(a) Identification signs should be provided for all projects. Such signs shall conform to the sign regulations of Subchapter 2, Article 7 pertaining to limitations on size, height, and placement set forth elsewhere in this zoning code. The project name shall be approved by the decision-making authority in order to ensure appropriateness, to aid in identification for emergency services, and to avoid duplication with other projects in the city.
(b) Note: All sketches in this article are intended as examples only. They are not to be taken as the only acceptable design solution for each situation.
(2) Project entry location. Project entries shall be limited in number and located as far as possible from intersections in order to minimize congestion and conflicts. For projects on major or primary arterials or where otherwise determined necessary by the city, full street-intersection-type entries should be used instead of "dustpan"-type driveways.
Project entries should be inviting and distinctive
(3) Project entry design. Major project entries shall be designed as special statements reflective of the character of the project. The goal should be to establish a distinctive and inviting image for the project. (Entry landscape improvements shall conform to the guidelines of § 9-1-92.3). (4) Pedestrian access.
(a) Commercial, office, and related site plans shall be designed to physically and visually link the site to the street sidewalk as an extension of the internal pedestrian circulation system in order to effectively separate pedestrian and vehicular traffic and invite pedestrian access into the project. (b) Also, provision should be made for direct pedestrian links between the project and adjoining projects and residential areas.
(5) Bicycle access. Bicycle usage shall be encouraged by the provision of bikeway access to nonresidential projects and bike racks at convenient locations near building entries. (6) Jogging trails. Projects of appropriate scale or location may incorporate jogging trails within the project boundaries and/or provide access to trails outside the project. (7) Bus stops.
(a) Where bus stops are located on a project's frontage, provision should be made for buses to stop out of the flow of traffic.
(b) Therefore, bus stop turnouts should be incorporated into the design of site and street improvement plans. (standards of the County transportation authority shall be taken into consideration in the design of such turnouts.)
(C) In addition, a waiting bench should be provided and overhead shelters are encouraged. Any proposed bus stop amenities shall be included as part of the project's design details.
Example of bus stop turnout design
(B) Parking.
(1) Goal. Since entries and parking lots establish a patron's first impression of a project, the goal of parking lot design should be to create a friendly and inviting arrival courtyard rather than just a pavement- covered area to park cars.
(2) Parking standards.
(a) Parking ratios (e.g., spaces per square foot of building area, etc.), minimum aisle and space dimensions, and similar requirements are contained in the parking regulations portion of this zoning code. (b) The design standards in this section are intended to supplement those standards. (3) Queuing setbacks from street entries. To minimize conflicts between entry traffic and parking, parking spaces and parking aisles shall be set back from the street entry in accordance with standards set forth in the parking regulations portion of this zoning code. (4) Parking lot interconnections. The parking and circulation layouts of adjoining developments should be coordinated and interconnected wherever possible to allow for reciprocal vehicular and pedestrian access without reentering the street.
(5) Internal circulation. Parking lots shall have an internal circulation system which interconnects parking aisles without requiring street reentry. Also, dead-end driveways or aisles should be avoided whenever possible. In any case, all dead-end aisles serving more than five consecutive parking spaces shall have a turnaround area at the dead-end.
(6) Parking segmentation. Where parking lots must accommodate over 30 cars, they should be broken up into segments or modules of less than 30 spaces by means of intervening landscaping, access drives, or buildings in order to avoid large unbroken expanses of paved area. (7) Parking stall striping. In order to help maintain adequate separation between parked cars, stalls should be marked by double or hairpin stripes. Other parking lot striping requirements shall be in accordance with the provisions contained in the parking regulations portion of this zoning code. -r
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(8) Parking lot screening. Parking and circulation areas shall be screened from the street and from adjacent properties of dissimilar zoning by means of boundary landscape architectural elements in accordance with the provisions contained elsewhere in this zoning code and the landscape guidelines of § 9-1-92.3 in order to shield views of cars and paving while promoting views of buildings on the site. (9) Interior parking lot landscaping. In order to mitigate the visual impact of large expanses of paved areas, parking lots shall include interior parking lot landscaping in addition to boundary landscaping in accordance with the landscape guidelines of § 9-1-92.3. (10) Buffer strips next to buildings. There should be a landscaped buffer area of at least seven feet between buildings and parking areas or driveways in order to avoid placing paved vehicular areas next to building walls. No credit shall be given toward satisfying this guideline to vehicle overhang areas. (11) Use of continuous curbs as wheel stops. In order to enhance visual continuity and minimize clutter, a continuous unbroken concrete curb should be used as the front wheel stop for adjacent parking stalls within a row rather than individual wheel stops for each parking stall. Also, where stalls are perpendicular to walkways or landscaped areas, such walkways or landscaped areas shall be made at least two feet wider than the standard width in order to accommodate cars' front overhangs. This additional overhang width should be of a different color, texture, and/or material than the remainder of the walkway to distinguish it from the pedestrian portion.
Continuous curbs avoid the clutter of individual wheel stops and serve as useful separations between parking and landscaped areas. In this case, the landscape buffer separates the parking area from the building.
(C) Outdoor lighting.
(1) Intensity. Parking lot and other outdoor lighting should be the minimum needed to ensure safety and security so that impacts on surrounding residential areas are minimized. The lighting intensity within parking lots and adjacent areas should be at least 1.0 footcandle at all points, but should not exceed an average of 3.0 footcandles over the entire parking lot. (Lower illumination levels may be used from one hour after the close of all businesses served by the parking facility until dawn.) In addition, the intensity of light spillover beyond a distance of 20 feet from any project boundary should not exceed 0.2 footcandle.
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(2) Photometric analysis. In order to assess compliance of proposed projects with lighting intensity and spillover limitations, the city may require a photometric site plan analysis to show lighting intensities within the site and light spillover beyond the site boundaries. (3) Lighting and landscaping. Outdoor lighting shall be coordinated with parking lot and frontage tree planting plans in order to satisfy both the lighting intensity parameters of division (C)(1) above and the interior project landscaping requirements of § 9-1-92.3. (4) Light fixture design. Decorative fixtures with full cutoff shields to direct light downward should be used for parking lot lighting in order to minimize offsite glare. Bollard or other low-height lighting should be used whenever possible for pedestrian areas. Light fixture design should harmonize with and enhance the character of the project. Building-mounted outdoor light fixtures should be integrated into the overall building design.
Decorative low-height lighting should be used for pedestrian areas
(5) Building illumination. Any building illumination or architectural lighting shall be indirect, with no light source visible from abutting streets. Architectural lighting should serve to emphasize building entries and particular building details.
(6) Sign illumination. Illumination of signs shall conform to Subchapter 2, Article 7. (D) Pedestrian spaces and walkways.
(1) Pedestrian links to offsite areas and facilities. Commercial, office, and related site plans shall be designed to physically and visually link the site to the street sidewalk as an extension of the internal pedestrian circulation system in order to effectively separate pedestrian and vehicular traffic and invite pedestrian access into the project. Also, provision should be made for direct pedestrian links between the project and adjoining projects and residential areas. (2) Internal pedestrian connections. Internally, projects should include a system of pedestrian walkways which interconnect building entries with each other and with appropriate parking areas, while minimizing conflicts between pedestrians and vehicles. Also, whenever determined feasible by the planning commission, site plans shall be designed so that walkways connect individual buildings within a project directly without forcing pedestrians to mix with vehicular traffic. ·BOUAAO•~
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(3) Pedestrian-friendly walkways. Walkway layout should anticipate pedestrians' desired movements and should provide direct routes for them. For example, walkways should allow pedestrians to "cut the corner" in order to change direction without wearing an ad hoc pathway over adjacent grass or groundcover. Also, meandering sidewalks or walkways should contain only shallow curves to avoid frustrating pedestrians with unnecessary detours.
(4) Walkway treatment. Walkways should be well-marked by means of low-level signage, pedestrian scale lighting, such as bollard lights, and distinctive paving and landscape planting treatments. Where feasible, trellises, arbors, arcades, or similar features should be used to cover walkways and give a feeling of enclosure and security. Also, where textured paving is used, it should not be so rough or irregular as to make walking difficult, especially in high heels, or discourage the use of baby strollers or wheelchairs.
Covered arcades, potted plants, and distinctive paving give a feeling of intimacy and enclosure to walkways
(5) Creation of people spaces.
(a) Commercial, office, and related projects should incorporate outdoor amenity areas such as atriums, plazas, courtyards, and outdoor cafes. These features should be combined with architectural elements, such as arched entries, to create an inviting layering of spaces, in which surrounded outdoor spaces, such as courtyards, are visible from other outdoor spaces. (b) In addition, these people spaces should:
1. Be comfortable and human-scale;
2. Include such amenities as fountains, benche s, seating walls, and landscape plants; and
3. Provide moderate protection from the elements.
Commercial and office projects should include inviting outdoor spaces such as promenades, outdoor cafes, courtyards, plazas, and similar features
(6) Variations in building footprints. Site plans should be designed so that building footprints are articulated in accordance with the architectural guidelines of §§ 9-1-92.4 and 9-1-92.5. That is, buildings should incorporate variations composed of insets, entries, corners, and jogs integrated with adjacent outdoor areas in order to create intricate and inviting pedestrian spaces. (7) Sidewalks within parkways. On arterial frontages, sidewalks should be placed within the landscaped parkway rather than adjacent to the curb so that there is a landscaped buffer on both sides of the sidewalk (see also § 9-1-92.3(C) regarding frontage landscaping). Parkways should be of sufficient width to accommodate both the sidewalk and the street tree root zones. This sidewalk placement should be used notwithstanding county standard plans for sidewalks. (E) Preservation of views; project design. Because of its beautiful setting and hilly topography, the city enjoys unsurpassed view opportunities. Therefore, project site planning should carefully consider access to views by both project patrons and the general public. Projects should be oriented and site planned so that panoramic and mid-range views are promoted, both from within a project and from the adjacent streets and neighborhoods. Further, projects should be conceived and designed to protect, to the greatest extent feasible, existing vistas and panoramas of open space, major landforms, ocean, and special landmarks. (F) Hillside grading.
(1) Hillside protection ordinance. Nonresidential projects subject to the provisions of Subchapter 2, Article 8 shall conform to the grading and other standards of that section. (2) Retaining walls. Because of the rugged topography in the city, retaining walls are often proposed to create pad area for the large space needs of commercial, office, and industrial projects. Therefore, whether a project is subject to the provisions of Subchapter 2, Article 8 or not, the visual impacts of retaining walls should be mitigated. Thus, retaining walls and crib walls should not exceed six feet in height and should include irrigated planting consisting of vines and/or other landscape screening.
Where the decision-making authority finds that greater retaining is warranted, it may approve a tier of
up to three such walls, up to six feet high each, placed one above the other, provided a minimum of six feet of horizontal permanently irrigated planted terrace is placed between each pair of walls. (3) Terraces and downdrains. The visual impacts of drainage terraces and downdrains should be softened by the use of river rock, colored gunite, colored concrete, or other treatments which produce a more natural appearance than standard drainage devices. Terrace benches should be of sufficient width to provide for visual screening of terrace drains by means of berming or similar design measures. Unless determined necessary by the decision-making authority, downdrains should not be placed at visually prominent locations such as at street intersections. However, if such a prominent downdrain location is determined necessary, the downdrain should be placed in an underground pipe. (G) Loading, storage, and trash areas.
(1) Loading and storage areas. Loading and storage areas shall be screened from public view by means of solid walls or fences and/or plantings in accordance with the provisions of § 9-1-45.4. Loading areas should be separated from public vehicular and pedestrian areas and should have direct connections to the businesses they serve.
(2) Trash enclosure placement.
(a) Trash enclosure placement shall conform to the provisions of § 9-1-45.19. (b) In addition, trash enclosures shall be:
1. Located near to the businesses they serve;
2. Directly accessible to trash trucks via alleys or driveways so as to avoid the necessity of substantial hand carrying of trash containers or hand pushing of dumpsters; and
3. Located substantially away from public view scape, pedestrian, and circulation areas unless determined infeasible by the decision-making authority.
Loading and trash areas should be screened by a combination of walls and landscape planting
(3) Trash enclosure design.
(a) Enclosures shall be constructed on a concrete pad and shall conform to the provisions of § 9-1-45.19 and disposal company standards. 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 enclosure walls. Decorative overhead structures such as trellises should be integrated into the design, especially where the trash enclosure is visible from above. Where exposed to public view, trash enclosures should also be screened by vines, shrubs and/or trees. Trash enclosures shall be large enough to provide space for at least two 90-gallon recycling toters per each dumpster bin. (b) Note: All sketches in this article are intended as examples only. They are not to be taken as the only acceptable design solution for each situation.
(Ord. 99-107, § 5, passed 2-2-99)
Sec. 9-1-92.3. Nonresidential landscaping.
(A) Overall landscape architectural design. Landscape plans shall utilize the various elements of landscape architecture (e.g. planting, walkways, water features, lighting, outdoor furniture, etc.) to accomplish the following objectives:
(1) To visually emphasize prominent design elements and vistas, while screening undesirable views; (2) To provide a harmonious transition between adja cent land uses and between development and open space;
(3) To be varied enough to provide interest and emph asis, but not so obtrusive as to distract the viewer; and
(4) To provide an overall unifying influence, enha ncing the visual continuity of the project. (B) General requirements.
(1) Deep root barriers. Trees planted within 15 feet of walls or pavement shall be installed with deep root barriers to help prevent foundation or pavement damage. (2) Tree grates. Tree grates should be installed around trunks where trees are planted within sidewalks or other paved pedestrian areas.
(C) Project frontage landscaping.
(1) Parkways along streets.
(a) Project street frontages are highly visible to both patrons and motorists. As the first design feature seen by people entering a project, street frontages establish the visual image for both the project and the streetscape. Because of these considerations, street frontage parkways shall be of ample width and generously landscaped. Landscape plans shall treat this parkway, including any portion within the public street right-of-way, as one integrated greenbelt. Such frontage landscape design shall also conform to the more specific requirements of § 9-1-45.3. (b) Parkway frontage landscape design should incl ude sidewalks and/or bicycle-pedestrianways, and planting consisting of trees, shrubs, and either grass (drought-resistant varieties) or groundcover.
Frontage landscape treatment shall be of low height near project entries so as to preserve sight lines and ensure traffic safety.
(2) Scenic corridors. Landscaping and other standards for scenic corridors shall be provided in accordance with the applicable scenic corridor plan. If no plan has been adopted for a given scenic corridor, landscape architectural design shall be generally consistent with the concepts contained in the adopted Crown Valley Parkway Scenic Corridor specific plan.
(D) Project entry landscaping.
(1) Entries as special statements. Project entries shall be designed as special statements reflective of the character of the project in order to establish identity for tenants, visitors, and patrons. Flowering accent planting and specimen trees should be used to reinforce the entry statement. Landscape treatment shall utilize such measures as low height plantings at the corners to preserve sight lines and ensure traffic safety.
Generous entry landscape treatment adds a softening effect and helps to establish a project's identity
(2) Textured paving.
(a) Textured or enriched paving treatments, such as interlocking pavers, stamped concrete, etc., shall be used at project entries.
(b) Textures should be selected which:
1. Give a feeling of transition;
2. Discourage high speeds by providing slig htly rougher pavement under the wheels;
3. Do not become slippery when wet; and
4. Are not so rough or irregular as to make walking difficult (especially in high heels) or discourage the use of baby strollers or wheelchairs (also see § 9-1-92.2 re walkway treatment). (3) Entry signs. Project identification signs shall conform to the sign regulations contained in Subchapter 2, Article 7. Other aspects of entry design and identification shall be in accordance with the nonresidential site planning guidelines of § 9-1-92.2.
(E) Boundary and interior project landscaping.
(1) Goal. For almost all projects, both the first impression and the departing memory are created by the parking lot and adjacent spaces. Therefore, these areas should be regarded as landscaped open space, and the goal of site and landscape plans should be to create inviting garden rooms, with trees, shrubs, groundcover, and areas of enriched paving.
(2) Boundary landscaping.
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(a) All projects shall conform to the basic parking lot landscaping/screening requirements contained in § 9-1-
45.3. (b) In addition, parking and circulation areas shall be screened from:
1. Streets by means of parkway landscaping and berming or, in cases where the planning commission determines that berming is not feasible or desirable, by means of a combination of landscaping and low screening walls; and
2. a. From adjacent properties of dissimilar zoni ng by means of landscape strips and/or walls or fences; and
b. More specific guidelines regarding screening walls and fences are contained in § 9-1-92.3. (3) Interior project landscaping. In order to ensure sufficient landscaping around buildings and to soften the visual impact of large paved areas, at least 5% of the net usable area of the project site should be landscaped, with at least half of that landscaping located in areas devoted to parking. Required frontage and boundary landscaping shall not count toward this interior landscaping guideline unless such landscaping is in excess of the minimum required by § 9-1-45.3.
Interior parking lot landscaping breaks up large paved areas and helps to screen rows of parked cars
(F) Pedestrian area landscaping.
(1) Use of small scale plant materials. Planting adjacent to walkways and within plazas and other pedestrian spaces should include smaller species of shrubs and trees in keeping with the intent to maintain an intimate human scale in these areas.
(2) Landscaping amenities. Pedestrian spaces should be enhanced by planting accents such as trees, shrubs, and/or vines espaliered against wall surfaces, flower beds, window boxes, and hanging pots with flowers and vines.
(G) Landscaping and utilities.
(1) Coordination of landscaping and utilities. Project civil engineers and landscape architects shall consult during the preparation of street improvement, grading and landscape architectural plans to coordinate the placement and installation of utilities, irrigation systems, and landscape planting.
(2) Placement of utility boxes.
(a) Unless determined infeasible by the community development director, street improvement plans shall be designed so that:
1. Street lights are placed off of sidewalks; and
2. Irrigation controllers, power transformers, telephone and cable TV junction boxes, and other similar facilities are placed underground.
(b) If underground placement is de termined infeasible, such facilities shall not be placed on sidewalks, other walkways, or bikeways unless the community development director determines further that there is no other feasible location for the facility. The director may refer determinations of feasibility under this division (G)(2)(b) to the planning commission in cases where the director concludes that the facility's proposed location might interfere with the goal and objectives stated in § 9-1-91.2.
(3) Screening of utility boxes. Utility boxes such as power transformers, irrigation controllers, telephone connection boxes, etc., not placed underground shall be effectively screened by means of shrubs or other landscape treatment.
(4) Landscaping and outdoor lighting. Project electrical and civil engineers and landscape architects shall consult with each other during the preparation of outdoor lighting, parking lot, and tree planting plans in order to satisfy both the lighting intensity parameters of § 9-1-92.2 and the parking lot landscaping requirements of § 9-1-92.3.
(H) Tree preservation. New projects shall be designed to preserve existing trees to the greatest extent possible.
Landscape, grading, and site plans should incorporate these trees into the overall project design, including measures to protect the existing trees during and after construction. Such measures shall be clearly indicated in both preliminary and final construction drawings. In conjunction with such efforts, the applicant may be required to engage a properly credentialed arborist to submit evaluations and recommendations for saving, transplanting, or removing existing trees. If the decision-making authority determines that significant existing trees cannot be saved, it may require their replacement with new specimen-size trees having a cumulative trunk diameter of up to two times the cumulative trunk diameter of the trees to be removed. Trunk diameters shall be measured three feet above the base.
(I) Plant selection guide.
(1) Criteria for selection of plant materials. Plant materials shall be chosen on the basis of both functional and visual characteristics. On manufactured slopes, consideration shall be given to reducing landscape maintenance and water consumption, adaptability to adverse soil conditions present in many parts of the city, low fire-fuel content in transition areas between development and open space, and enhancement of slope stability and erosion control. Where soil and other environmental conditions permit, species native to coastal southern California may be incorporated into the landscape plan. (2) Tree species. It is not the purpose of this article to dictate project-specific design details. Therefore, although this division (I)(2) identifies tree species which are generally encouraged, it is not to be taken as an exhaustive list of all acceptable species. Examples of species which may be used in different areas of a project are listed on the following pages. Most of these species are drought tolerant. In keeping with the nontechnical nature of these guidelines, common instead of botanical names are used. ("(D)" denotes deciduous species, "(E)" evergreens.)
Common name Mature height
(feet)
Mature spread
(feet)
Flower/season Notes
ENTRY AND ACCENT
TREES
Bottlebrush
(various) (E)
15—30 15—20 red/spring showy color
Chinese Flame (D) 30 25 ye llow/summer good accent
Coral Tree
(Kaffirboom) (D)
40 60 red/winter root control needed
Crape Myrtle
(mildew-resistant
varieties) (D)
20 10 red/summer colorful small tree
Flame Tree (semi-
decid.)
40 30 bright red/summer brilliant color
Goldenrain (D) 20 15 yellow/spring durable, colorful Jacaranda (semi-
decid.)
50 35 blue/summer deep-rooted
Queen Palm (E) 40 30 none graceful branches
Star or Norfolk Pine
(E)
100 50 none pyramidal, stately
STREET FRONTAGE TREES*
Bradford Pear (D) 40 20 white/spring good canopy tree Canary Island Pine
(E)
70 30 none tall, formal
Chinese Pistache
(D)
40 30 none colorful fall foliage
Coast Redwood (E) 70 25 none beautiful street tree
Deodar Cedar (E) 80 40 none formal conifer
Fern Pine (E) 50 20 none slow growing
London Plane (D) 60 30 none vertical sycamore
Magnolia (E) 60 40 white/summer large flowers
Sweetgum
(Liquidambar) (D)
80 40 none colorful fall foliage
Also Star or Norfolk Pine, listed in entry and accent trees. * Street tree species shall be selected to match or complement existing trees on the same street. If new streets are to be constructed within a project, there shall be an overall street tree plan/program to reinforce streetscape identity (e.g. single species or mixed, canopy or vertical species, formal with uniform spacing vs. informal species and groupings, etc.)
INTERIOR PARKING LOT TREES
Chinese Elm (E) 50 60 none canopy/shade
Also, Bradford Pear, Canary Island Pine, Fern Pine, London Plane, Magnolia, and Liquidambar, listed in Street Frontage Trees.
WALKWAY AND PEDESTRIAN AREA TREES
Eucalyptus Nicholii
(E)
30 20 negligible fine-textured leaves
Gold Medallion
Tree (E)
20 15 yellow/summer graceful, weeping
Photinia (Fraser) (E) 10 10 wh ite/spring small; good color Tabebuia (E) 25—30 20 yellow/spring very showy
Also, Crape Myrtle and Goldenrain, listed in Entry and Accent Trees; and Chinese Pistache and Fern Pine, listed in Street Frontage Trees.
PERIMETER AND SCREENING TREES
Aleppo Pine (E) 50 40 none fast-growing
Australian Tea Tree
(E)
20 20 white/spring gray-green leaves
Australian Willow
(E)
20 15 yellow/spring deep-rooted
Leyland Cypress (E) 40 20 none very fast-growing
Myoporum (E) 30 25 none dense screen
SLOPE TREES
Acacia (various
species) (E/D)
10—30 10—40 various/spring good on slopes
California Pepper
(E)
50 50 none light green
Coulter Pine (E) 60 30 none hardy
Eucalyptus (various
species) (E)
15—100 10—50 some species large variety
Also, Aleppo, Pine, Australian Tea Tree, Australian Willow, Leyland Cypress, and Myoporum, listed in Perimeter and Screening Trees.
(J) Planting sizes and densities.
(1) Planting sizes and densities for flat areas. For all landscaped areas other than manufactured slopes over six feet in height, landscape planting shall conform to the following minimum size and planting density standards:
(a) Trees.
1. Minimum size: Six feet high (measured from th e top of container) with at least 20% to be minimum 24-inch box size; and
2. Maximum spacing in parkways, entry drives, st reet medians, parking lot planter strips, and project boundary strips: Average 30 feet. Trees may be planted either in irregular clusters or at equal intervals provided the preceding average spacing is achieved. (b) Shrubs.
1. Minimum size: One gallon minimum with at least 30% to be five-gallon; and
2. Maximum spacing: Average ten feet.
(2) Planting sizes and densities for manufactured slopes. On manufactured slopes over six feet in height, landscape planting shall conform to the following minimum size and planting density standards:
(a) Trees.
1. Minimum size: Five-gallon, with at least 30% to be minimum ten feet high, measured from the top of container; and
2. Maximum spacing: Average 25 feet.
(b) Shrubs.
1. Minimum size: One-gallon minimum with at least 30% to be five-gallon; and
2. Maximum spacing: Average ten feet.
(c) Vines. As required to augment groundcover and/or provide screening for retaining walls.
(d) Groundcover. Hand-planted plugs with minimum density of one foot on center, or other density as approved by the community development director, or hydroseeding utilizing seed mixture approved by the director. Either of the preceding methods or a combination of the two shall be sufficient, in the director's judgment, to meet a goal of 100% slope coverage within one year of planting.
(K) Walls and fences.
(1) Height and placement. Limitations on height and placement of walls and fences shall be per the provisions of § 9-1-45.2 or applicable planned community text or specific plan. (2) Frontage walls. Walls located along project street frontages shall conform to the provisions of § 9-1-
45.2 and shall effectively screen parked cars (see also § 9-1-92.3(E) regarding boundary landscaping).
Such walls should generally be solid but may include open portions (tubular steel, wrought iron, etc.and the like) if the decision-making authority determines that the desired screening of parking and circulation areas is still achieved.
(3) Perimeter and screening walls. Non-street perimeter walls and walls screening service, loading, or similar areas should be of masonry, stucco, or other solid material. Shrubs and/or vines should be planted on one or both sides of such walls to add visual softening, except where determined infeasible or unnecessary by the decision-making authority. Plant spacing should be appropriate to the growth habits of the selected plant species but should 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. In any case, there should be an intervening landscape buffer between perimeter walls and walkways.
(4) Materials and colors. Walls should utilize durable materials, finishes, and colors consistent with project buildings. However, wood fences are discouraged because of maintenance problems and lack of durability. Also, chain link, wire mesh, barbed wire, or similar materials should not be used because of their unattractive appearance unless the decision-making authority determines that the fence will not be visible to the public or is otherwise consistent with the goal and objectives set forth in § 9-1-91.2. In such cases, vinyl-clad chain link is encouraged.
(5) Wall/fence articulation. Long straight stretches of wall or fence should be avoided because of the resulting monotonous appearance and lack of visual interest. Walls and fences should 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, the inclusion of landscape plantings, and similar measures.
(6) RV lot screening. Recreation vehicle storage lots in nonresidential areas shall conform to the residential screening requirements contained in § 9-1-35.12.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-92.4 Commercial architecture.
(A) Applicability.
(1) General applicability. The commercial architectural guidelines of this section shall apply to the following projects:
(a) Freestanding retail buildings, sh opping centers, restaurants, and other commercial development; (b) Civic centers;
(c) Institutional buildings, such as churches, libraries, museums, schools, and colleges;
(d) Small-scale hotels and hospitals, three stories or less; and (e) Mixed-use projects which are predominantly commercial but which also include other uses within the same building or cluster of buildings, e.g. residential units above retail stores or professional offices within a commercial building or shopping center. (2) Office or industrial buildings proposed for commercial areas. In order to promote consistent design quality within the community's retail commercial areas, the city shall have the discretion of applying the commercial architectural guidelines of this section to office or industrial buildings proposed for such commercial areas. Determinations to apply such commercial architectural guidelines shall be in accordance with the provisions of § 9-1-92.1.
(B) Architectural style and harmony.
(1) Diversity of styles. No single architectural style predominates for commercial buildings in the city.
Indeed, one of the strengths of the city's built environment is the variety and interest provided by the diversity of styles in its different commercial areas. Maintenance of this lively mix of styles is encouraged in new commercial projects within the framework of this article. (2) Compatibility with existing development. Although architectural diversity is encouraged in commercial projects, it is not to be achieved at the expense of harmony with existing development. Thus, though new projects need not imitate the design of surrounding buildings, they nevertheless should be visually compatible with that development. This compatibility can be achieved by incorporating some of the design features of existing development such as materials; colors; architectural details, such as door and window design; and roof design, etc. In addition, the space needs of a commercial project should be balanced against the countervailing need to avoid projects so massive as to overwhelm the scale of surrounding residential development.
(3) Compatibility with natural setting. The natural setting should also be respected in the design of new projects. This can be achieved by designing split-level buildings with step-down hillside sites rather than large single pads requiring massive cuts and fills (see subchapter 2, article 8 for useful design measures). Also, colors, materials, and styles which harmonize with the natural setting should be used.
As an example of the preceding criterion, the construction of large reflective glass buildings on prominent hillsides would be discouraged.
(C) Building mass and form.
Building articulation (i.e., offsets, projections, and recesses) creates interesting facades and inviting pedestrian spaces
(1) Single-story and multistory elements. A combination of one-story and two-story elements should be created within the overall form of commercial buildings in order to provide a variety of scale and reduce the perceived building mass. Any building mass above the second story should be substantially set back and reduced in size.
(2) Perimeter mass. The ends of large building masses should be stepped down with subelements in order to create a more human scale for the pedestrian.
(3) Articulation. The apparent mass of buildings should be reduced by means of articulation, i.e., the varying of wall planes in depth and/or direction. This also creates visual interest and human-scale outdoor spaces such as patios and terraces. Large blank single-planed walls should be avoided. (4) Use of architectural elements. Elements such as canopies, awnings, porches, arcades, and balconies may be used to add wall articulation and provide a varied transition of building mass from ground level to roof.
(5) Parking structures.
(a) Although parking structures are sometimes necessary in dense commercial areas they tend to be massive and overwhelming.
(b) The following design measures are aimed at softening their impacts.
1. The design and materials of parking structures should be consistent with and should complement the buildings they serve.
2. On elevations exposed to public view, the concre te sides should be textured and colored or faced with brick or other material consistent with the structure's associated buildings. Exposed uncolored concrete sides should be avoided.
3. Substantial buffer landscaping should be included along all sides of the structure exposed to public view similar to the surface parking lot boundary landscaping required by § 9-1-92.3.
4. Landscaping on the top level shou ld receive interior landscaping equal to at least one-half of the interior landscaping required of surface parking lots as specified in § 9-1-92.3.
5. Linear planters and/or trellises with cascading shrubs or vines should be added along the outside edge of each parking level, especially the upper levels, for visual softening and interest.
6. Upper levels of the structure should be st epped back further than the lower levels.
7. One or more parking levels may be placed underground.
8. The inclusion of street-level re tail or office space is encouraged. (D) Building elevations.
(1) Unified treatment. Commercial building design should incorporate a simple, unified architectural treatment or style which provides a framework for storefronts and signage. (2) Rhythm. Multi-tenant buildings should express a harmonizing rhythm by means of repeated architectural elements such as doors, windows, signing, and the structural frame of the overall building.
(3) Wall tops. The tops of exterior walls should be terminated by a cornice, gable roof projection, or parapet which reinforces the rhythm of the building storefronts.
(4) Building entrances. Entrances should be oriented toward walkways but should be designed to minimize conflicts between people going past and people entering or leaving the store. This can be done, for example, by recessing entrances which open onto walkways less than ten feet wide into the facade storefront.
(5) Ground floor interest. Commercial and office buildings should be designed so that the ground floor presents an interesting and varied appearance to pedestrians and motorists. This can be achieved by the liberal use of windows, arcades, architectural detailing, wall murals, artwork, and similar design features.
Windows, arcades, and balconies add interest to commercial buildings
(6) Balconies and galleries. Balconies should be recessed, cantilevered, or can be supported on columns to form a veranda below. When covered to form a gallery, the balcony contributes an attractive indoor- outdoor element.
(7) Verandas, pergolas and arcades.
(a) These attached ground floor covered walkwa ys are encouraged for commercial and other pedestrian-intensive uses because:
1. They add variety and interest to otherwise monotonous wall planes;
2. They add partially protected ex terior space to a building; and
3. They provide pedestrian pathways and transitions to indoor spaces. (b) 1. The veranda roof and the pergola's open rafters should be supported on a concrete, stone, or plastered masonry colonnade or on heavy wooden posts.
2. In Spanish styles, the walkway's spanning members consist of arches and the structure is referred to as an arcade. For such arcades, use of the barrel arch is appropriate while use of the pointed or parabolic arch is discouraged.
Yes: Blank walls can be made more appealing by such features as pergolas (trellis-covered walkways)
No: Unrelieved blank walls are barren and unfriendly
(8) Wall relief. Trellises, frameworks, wood or tile details, artwork, and other features should be designed into otherwise blank walls to avoid sterility and visual monotony. (E) Roofs.
(1) Pitched roofs. Pitched roofs are encouraged for commercial buildings in the city. They may be gable, hip, or shed type, but in all cases should either be full-pitched or should appear so from the street. Any flat portions, such as for equipment wells, should be relatively small and hidden. On larger commercial buildings, pitched roofs should generally be multi-planed to avoid large expanses of monotonous single-planed roofs.
(2) Flat roofs. Though not encouraged, flat roofs may be approved for larger commercial buildings such as discount warehouses, or when the decision-making authority determines that a project's overall design is amenable to flat roofs and is otherwise consistent with the goal and objectives set forth in § 9-1-
91.2. When flat roofs are used, there should be a screening parapet topped with a coping, cornice, or, if determined appropriate to the project's style by the decision-making authority, a modified mansard.
Such mansards should maintain the same roof pitch as surrounding buildings and should be both high ':···· J
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and deep enough to create the illusion of being a true roof. Small steeply pitched mansard eyebrows are generally discouraged.
(3) Roof materials. Materials should be fire resistant, such as clay or concrete tile on pitched roofs, and composition materials on flat roofs. Standing-seam metal roofs may also be used if the decision-making authority determines that such a roof is consistent with the character and style of the building.
Potentially combustible roof coverings such as wood shakes or shingles shall not be used. (4) Spanish tile.
(a) Two-piece clay or concrete barrel tile should generally be used. However, one-piece "S" tile may be used when the decision-making authority determines that such tile is compatible with the overall building style, e.g. "S" tile is not compatible with traditional Spanish styles but may be so with more contemporary styles. For both tile types, tile should generally be a mixture of lighter and darker colors, producing the appearance of natural variation.
(b) Also, tiles should be stacked, i.e., doubled, triplex, and quadrupled, at the eaves and randomly elsewhere over the roof surface to add texture and richness. With two-piece tiles, mud grouting should be placed between the stacked tiles.
Random stacking (doubling, tripling, quadrupling) of Spanish tiles provides a rich textured appearance
(5) Screening of roof equipment. All roof-mounted equipment (e.g. air conditioning, heating, ventilation, and associated vents and exhausts) shall be completely 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 as well. Such screening shall be architecturally consistent with the building and an integral part of the roof design so as not to appear as an architectural "afterthought." For flat roofs, an architecturally consistent screen enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. The ground-mounting of mechanical equipment, with appropriate wall or landscape screening, as an alternative to roof mounting is encouraged.
For pitched roofs, equipment wells integrated into the roof design should be used to screen equipment
(F) Doors and windows.
(1) Doors. Entry doors may be of many materials and types but should be consistent with the overall building architecture and should generally be of human scale. They should also be inset into the wall as part of an easily understandable building or store entry statement. Porches, canopies, and porte- cocheres may be added as part of the overall entry where space and building use allow. (2) Windows. Windows may be of various types but should usually be rectangular or roundheaded. They should be recessed into the wall or at least give the appearance of being recessed in order to add articulation to the facade.
(3) Awnings and canopies. Awnings, canopies, and porte-cocheres may be used to mark entrances and windows and provide protection from sun and rain. However, care must be taken to ensure that such elements are tasteful accents and not gaudy distractions (e.g. a green-and-orange striped awning on a Victorian style building) and that they are consistent with the architectural character of the building. (G) Materials and colors.
(1) Number of materials. The number and variety of materials on commercial buildings should be limited to avoid confusion and dissonance.
(2) Roof materials. Refer to division (E) above.
(3) Acceptable wall materials. Stucco, wood, masonry, river rock veneer, or other durable high quality materials may be used. If stucco, a smooth, sand, or light lace finish should be used. If wood, highly protective/preservative paints, stains, or other coatings shall be used to ensure attractive appearance over time. If the wall is masonry, then brick, slumpstone, split-face block, or other decorative block may be used.
(4) Unacceptable wall materials. Untextured concrete block should not be used on any exterior wall open to public view. Also, glass with a reflectivity factor of over 30%, on the outside surface, shall not be used for commercial buildings.
(5) Wall colors. One dominant color should be used for the building walls. Although subdued colors, such as beige, tan, cream, sand, light gray, etc., usually work best as the dominant wall color, bolder colors may be used if the decision-making authority determines they are consistent with the character of the project and would not have an adverse impact on surrounding properties or the streetscape. Also EOutPMENT WELL
OPEN Be.AMS
where possible, materials with integral color, such as brick, should be left natural. Metal may be used as wall trim if the decision-making authority determines it is consistent with the style and character of the project.
(6) Color accents. Accent colors bolder than those used for walls may be used on doors, window surrounds, awnings, light fixtures, and surfaces such as cornices and soffits. (7) Wall graphics. Painted wall graphics may be used for accent and visual integration provided they do not overwhelm other design features in the opinion of the decision-making authority. (H) Focal elements.
(1) Purpose. The use of focal points in a commercial complex is desirable to provide both orientation and organization. These focal points create a visual counterpoint to the massing of nearby buildings.
Examples of important focal elements include fountains, courtyards, and towers. (2) Courtyards.
(a) Courtyards and patios may be used to add amenity and interest to individual buildings and to integrate and harmonize adjacent buildings. Also, courtyards, as human-scale outdoor rooms, can contribute greatly to advancing the guideline objective of § 9-1-91.2, creating projects which are both inviting and user-friendly to people. These spaces, when combined with inviting design embellishments such as awnings and balconies, encourage movement and act as an interface between semiprivate and public spaces. For commercial and related uses, courtyards can act as an entry or as a transition point in a larger pedestrian circulation system. They become locations for people-gathering, meeting points, and entertainment, or simply rest stops for shoppers.
Courtyards become enjoyable people places when enhanced by fountains, outdoor cafes, planters, and other amenities
(b) A higher degree of architectural detail should be provided in courtyards in comparison to other spaces. Also, furnishings (seating, pottery, lighting), paving, and plantings should be emphasized and richly detailed. Seating choices and paving patterns directly impact the way the courtyard space is perceived and its overall success as a human space. Therefore, seating choices (low walls, benches, chairs) should be offered in both shaded and sunny areas and paving should be enriched (e.g. pavers, brick, or stamped concrete, though not so rough or irregular as to discourage the use of baby strollers, wheelchairs, or high heels). (3) Fountains.
(a) Fountains provide visual interest and auditory relief and should be considered for all projects with semi- enclosed outdoor spaces such as courtyards.
(b) When used, fountains may vary greatly in scale and design and may be freestanding or wall-mounted. (c) They may be constructed of carved stone, cast concrete, or other materials and may be enriched by ceramic tile inserts or other detailing.
(d) Low-evaporation, water-conserving designs are encouraged. (4) Towers.
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(a) Towers serve numerous practical and symbolic functions.
1. They create a vivid visual and mental image fo r a project, providing identity and differentiation from other projects.
2. They become the actual or symbolic center and gathering point for a project.
3. They maintain a sense of orientat ion within a grouping of buildings.
4. They can serve to terminate a vista or circulation system.
5. They can provide vertical circulation when used as a stairway or lookout point.
6. They can serve as a gateway or point of arrival for a project. (b) Notwithstanding the preceding list of benefits, towers should not violate the scale of a project by being too tall or massive for the size of the other structures or for the size of the site. In any case, towers shall conform to the provisions of § 9-1-43.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-92.5 Office and industrial architecture.
(A) Applicability.
(1) General applicability. The office-industrial architectural guidelines of this section shall apply to the following projects:
(a) Office and industrial buildings and parks;
(b) Utility substations;
(c) Large-scale hotels and hospita ls (four stories or above); and (d) Mixed-used projects which are predominantly o ffice or industrial but which also contain small incidental commercial uses, such as a sandwich shop.
(2) Office or industrial buildings proposed for commercial areas. Notwithstanding division (A)(1) above, in order to promote consistent design quality within the community's retail commercial areas, the city shall have the discretion of applying the commercial architectural guidelines of § 9-1-92.4 to office or industrial buildings proposed for such commercial areas. Determinations to apply such commercial architectural guidelines shall be in accordance with the provisions of § 9-1-92.1(D). (B) Architectural style and harmony. The guidelines in § 9-1-92.4(B), architectural style and harmony for commercial projects, shall apply equally to office projects. (C) Building mass, form, and elevations.
(1) Building mass. Massing should be simple and possess strongly integrated geometric forms. The massing should relate to the internal function and nature of the space it is intended to enclose. (2) Solid-void relationships. Office and industrial buildings should have strong contrast between the solid mass of facade and the lighter elements of the glazing and entry. The facade should clearly identify the entry and direct people to it. Also, the creation of strong shadow lines via recesses and projections is highly encouraged.
(3) Articulation. The degree and scale of articulation between office and administrative functions and storage and industrial spaces should not vary within a single building. Also, one-sided architecture, where only the dominant street frontage possesses articulation, should be avoided or should be mitigated by the use of such structures as pergolas and trellises.
(4) Lower floors. The first two or three floors of taller buildings are experienced by pedestrians and motorists at close range. Therefore, design of these lower floors shall reflect the fact that they belong to the streetscape and not the skyline. Design solutions should emphasize color, texture, and other treatments which provide visual interest. Specific elements which may generate this interest include colonnades, awnings, windows, and enriched design details such as tiling. Unrelieved curtain walls used for upper stories should not extend down to these lower floors.
The lower floors of multistory buildings should contain design details, such as windows and canopies, to enrich the streetscape view
(5) Concrete walls. The surfaces of tilt-up and other concrete walls should be embellished by means of texturing, the use of exposed aggregate, fenestration (wall openings such as doors and windows), variations in wall color, wall graphics, insets and overhangs to create shadow lines, and similar design features to add interest and relief.
(6) Parking structures. Parking structures are sometimes necessary in denser areas where land is at a premium. However, they tend to be massive and overwhelming. Therefore, the design measures aimed at softening their impacts on commercial areas described in § 9-1-92.4 shall also apply to office and industrial parking structures.
(D) Entries and other elements.
(1) Entries.
(a) The main public entrance should be readily visible from the parking area or pedestrian connection.
Emphasis on the entry can be achieved by concentrating a secondary material at the entry with a major projection or recess.
(b) Architectural elements such as a porte-cochere, framework, or skylight may be used to emphasis the entry/lobby areas.
(2) Drainage and utility structures. Exterior wall drainage, utilities, cabinets, and other systems shall be integrated into the building design.
(3) Exterior building lighting. Exterior building lighting should consciously reinforce the architectural design by emphasizing entry and design features in addition to providing illumination for security purposes. (E) Roofs.
(1) Roof types. Roofs of smaller buildings may be flat or pitched while those of larger buildings will generally be flat, with the minimum slope necessary for adequate drainage. Flat roofs shall be surrounded by a parapet which is a continuation of the facade material. The screening elements behind the parapet should be constructed of the same material as the facade. (2) Roof materials. Materials should be fire resistant, such as clay or concrete tile or composition shingles on pitched roofs, and composition materials on flat roofs. Standing-seam metal roofs may also be used if the decision-making authority determines that such a roof is consistent with the character and style of the building. Potentially combustible roof coverings such as wood shakes or shingles shall not be used. Spanish tile should conform to the standards of § 9-1-92.4(E). (3) Screening of roof equipment. All roof equipment shall be completely screened from both horizontal and vertical view. If the building roof is visible from surrounding hillside areas, special care shall be taken to screen roof equipment from above. Such screening shall be an integral part of the roof design and not appear as an afterthought. For flat roofs, a screen enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. The ground-mounting of mechanical equipment, with appropriate wall or landscape screening, as an alternative to roof-mounting is encouraged.
(F) Materials and colors.
(1) Wall materials. Allowable wall materials may be divided into two categories: Dominant materials which will usually comprise over 70% of total wall surface, and secondary materials which cover the remainder and serve as accents or to emphasize entry focal points. (a) Dominant materials:
1. Stucco;
2. Brick;
3. Split-faced or other decorative block;
4. Glass;
5. Wood; and
6. Textured concrete;
(b) Secondary materials:
1. Any dominant materials from division (F)(1)(a) above;
2. Metal;
3. Tile;
4. Plaster;
5. Glass block; and
6. Stone.
(2) Roof materials. Refer to division (E) above.
(3) Glass. Glass should not be used over more than 70% of the wall surface per elevation and should have a reflective factor of 30% or less, on the outside surface. (4) Concrete. Concrete tilt-up construction should not be used for office or mixed-use projects. When used for exclusively industrial or warehouse buildings, the exterior surfaces of tilt-up walls should be textured and colored per division (C) above.
(5) Colors. Colors of dominant materials should generally be subdued or earthtone shades (e.g. grays, off- white, tans, beige, and similar) and relatively light. Secondary material colors should complement and be a tasteful accent to the dominant material color. Color palettes should be kept simple, with one dominant color per building and accent colors on doors, window surrounds, address numbers, light fixtures, and architectural details such as cornices and soffits. Bolder and/or more varied colors may be used if the decision-making authority determines they are consistent with the character of the project and would not have an adverse impact on surrounding properties or the streetscape. (6) Wall graphics. Painted wall graphics, other than signs, may be used for accent and visual integration provided they do not overwhelm other design features in the opinion of the decision-making authority.
Wall signs shall be regulated by subchapter 2, article 7. (G) Focal elements. Focal elements, such as courtyards, fountains, and towers, are encouraged for office and industrial projects under the same standards and limitations described for commercial projects in § 9-1-
92.4(H).
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-92.6 Cultural depictions.
(A) Purpose. The purpose of the cultural depiction program is to provide for the incorporation of representations of the city's physical and cultural heritage into the everyday life of the community by encouraging such representations within larger-scale commercial, office, institutional, and mixed-use projects. (B) Description. As used in this article, the term "cultural depiction" refers to a representation of physical, archaeological, paleontological, or historic artifacts, features, or events which are characteristic of the city.
Examples of such depictions might include artwork, such as sculptures, mosaics, or murals; displays containing artifacts found on or near the development site; plaques, commemorating historical events or pointing out exceptional vistas or physical features of the location; or similar representations. (C) Applicability. Cultural depictions are encouraged for the following development projects if over one acre in size:
(1) Commercial projects;
(2) Office projects;
(3) Institutional projects such as civic centers, hospitals, and private schools; and (4) Mixed-use projects which are predominantly comme rcial, office, and/or institutional but which may also contain industrial, or other uses.
(D) Exemptions. Notwithstanding divisions (A) through (C) above, the planning commission may exempt an otherwise eligible project from the cultural depiction program if it determines that any of the following apply:
(1) Because of the unusual character of the project, its location, or other factors, the project will attract, unusually, traffic in terms of both employees and patrons; or (2) There is no reasonably prominent onsite location in which to place the depiction and there is no appropriate alternative offsite location; or
(3) No useful purpose would be served by imposin g the cultural depiction requirement in terms of advancing the goal and objectives set forth in § 9-1-91.2. (E) Appropriateness and cost. Proposed depictions shall be reviewed, not on the basis of cost, but on cultural or physical authenticity, and appropriateness to the character of the city. However, as a reference for project developers, the cost of a project's cultural depictions should approximate 1% of the project's building permit valuation.
(F) Location. The depiction shall be placed in a prominent location within the project and should be oriented primarily to pedestrian, as opposed to motorist, viewing. Generally, the depiction should be at an outdoor location but may be placed indoors in unusual circumstances if the decision-making authority determines that the indoor location is superior in terms of pedestrian traffic and/or preservation of the depiction. Also, if the decision-making authority determines that there is no appropriate location within the project, it may approve an offsite location, such as on public property or on separate private property, upon mutual concurrence of the developer and the other property owner. (G) Review procedures. Preliminary plans and site locations for cultural depictions shall be reviewed in conjunction with the site development or use permit for the overall project pursuant to § 9-1-94.3. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-93 Guidelines for attached residential projects.
All references to this § 9-1-93 include §§ 9-1-93.1 through 9-1-93.4. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-93.1 Applicability of residential guidelines.
(A) Attached residential projects.
(1) General Rule. The design guidelines contained in §§ 9-1-93.2 through 9-1-93.4 shall apply to all attached residential projects, but shall not apply to single-family detached homes or to single-family remodels.
(2) Minor exterior alterations.
(a) Definition. Minor exterior alterations generally include changes to architectural features, exterior lighting, mechanical equipment screening, site landscaping, including tree removal, or repainting the exterior of a structure with different colors. A minor exterior alteration does not include repainting of a building with the existing colors or replacing existing landscaping with the same or similar plants.
(b) Changed plan required. Except for townhomes, duplexes, or patio homes, no minor exterior alteration, as defined in this division (A)(2)(b), shall be made to an existing multifamily building or project, until it is administratively reviewed and approved by a changed plan processed in accordance with § 9-1-113.7. The director may refer such a proposed changed plan to the planning commission for review and approval if the director determines that the proposed minor exterior alteration is significant and that the public interest would be better served by planning commission review of the proposed changed plan. Review of a proposed minor exterior alteration shall be limited to the proposed alteration and shall not be a basis for or allow review of the entire building or project for compliance with the provisions of these Guidelines. (B) Determinations of applicability. In cases of uncertainty over the applicability of any of the guidelines within this § 9-1-93 to a proposed project, the community development director shall decide based on the
director's assessment of the overall character of the project and its proposed land use or mix of uses.
However, in cases where the director concludes that, because of the large scale and/or prominent location of a project, the determination will materially affect achievement of the goal and objectives stated in § 9-1-
91.2, the determination of applicability shall be referred to the planning commission. (C) Effect of other regulations. These design guidelines contained in this article are intended to augment the circulation, access, parking site planning, landscaping, architectural, and other design standards of this zoning code, applicable planned community and specific plan texts, and the Orange County transportation planning division's "development plan review guidelines, criteria, and standards" adopted by the city. In case of conflict between any of the preceding other regulations and this article, the decision-making authority shall apply that which it determines to be more rigorous. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-93.2 Residential site planning.
(A) Access and circulation.
(1) Alternate access routes. More than one access should be provided to residential projects in order to ensure safe emergency access into and out of a neighborhood and to provide alternate routes for drivers and pedestrians.
(2) Connections to existing streets. Street systems for new neighborhoods should connect to existing abutting streets and to nearby parks, community centers, and shopping areas. However, these connections shall be configured so that nonlocal traffic through neighborhoods is discouraged. (3) Circulation system to be user-friendly. Attached residential developments should have a comprehensible circulation system that can be readily understood by residents and visitors alike. Safe and convenient automobile, pedestrian, and bicycle circulation should be provided both to and within all such developments.
(4) Project identification. Identification signs should be provided for all attached residential projects. Such signs shall conform to the limitations on size, height, and placement set forth in subchapter 1, Article 7.
The project name shall be approved by the decision-making authority in order to ensure appropriateness, aid in identification for emergency services, and avoid duplication with other projects in the city.
(5) Project entry location. Project entries shall be located as far as possible from intersections in order to minimize congestion and conflicts. Full curb return street-inter-section-type entries should be used for multiple-family projects instead of dustpan-type driveways. (6) Project entry design. Major entries shall be designed as special statements reflective of the character of the project in order to establish identity for residents and visitors. Entry landscape treatment shall be in accordance with the landscape guidelines of § 9-1-93.3. (7) Gate-guarded entries. Gate-guarded entries shall be regulated in accordance with city regulations governing gate-guarded neighborhoods as set forth in § 9-1-35.25. (8) Bus stops. Where transit or school bus stops are located on a project's arterial frontage, provision should be made for buses to stop out of the flow of traffic. Therefore, bus stop turnouts should be incorporated into the design of site and street improvement plans. Standards of the County transportation authority and the Capistrano unified school district should be taken into consideration in the design of such turnouts. In addition, a waiting bench should be provided and overhead shelters are encouraged. However, bus stop advertising structures are discouraged. The preceding bus stop amenities should be included as part of the project's design details.
(B) Streets, driveways, and setbacks.
(1) Use of curvilinear streets. Streets should be gently curving in order to conform to the topography and provide visual relief. Long straight streets should be avoided. (2) Setbacks and streetscape variation. Front yard setbacks should be varied substantially and/or individual buildings should be turned and oriented in a variety of ways so as to create visual interest, variety, and individuality along the street. However, minimum required setbacks should not be reduced to achieve this variation.
Front setbacks and driveway lengths should be varied along residential streets to provide interest and avoid monotony
(3) Driveway length. Intermediate driveway lengths of between five and 20 feet should be avoided because cars will nevertheless be parked in such driveways, resulting in cars extending over the sidewalk and into the street.
(4) Driveway width. For three-car and four-car garages, whenever the decision-making authority determines that there is sufficient garage setback, driveway width should narrow from full-width at the garage down to a substantially smaller width at the curb. This will reduce the amount of front yard paving and the width of curb cuts.
(C) Parking and outdoor lighting.
(1) On-street parking. On-street parallel parking may be permitted on local residential streets if streets are wide enough per the city's subdivision code and applicable street design standards. (2) Off-street parking layout.
(a) Long lines of garage doors, carports, or uncovered parking unrelieved by planting or other design elements are discouraged.
(b) Also, the use of parking drives around the entire perimeter of attached projects is discouraged because they tend to:
1. Isolate project residents from surrounding neighborhoods; and
2. Create an unattractive fortress appearance from outside the project.
(c) Architectural guidelines for residential garages and carports are contained in § 9-1-93.4. (3) Offstreet parking bays. If onstreet parking is not permitted, offstreet visitor parking bays should be provided in accordance with the ratios set forth in § 9-1-63. These bays should be buffered from the street and/or adjacent driveways by substantial landscape planting.
Parking bays should be separated from streets via landscape buffers
(4) Offstreet parking lots. Small single-aisle parking courts for 20 cars or less are encouraged for attached projects requiring off-street parking lots. For other design aspects of residential parking lots not addressed above, the guidelines for nonresidential parking contained in § 9-1-92.2 shall apply. (5) Recreation vehicle storage.
(a) In order to avoid the parking conflicts and unsightliness associated with the ownership of recreation vehicles in medium and high density areas, offstreet recreational vehicle storage facilities should be provided for developments over five units per gross acre. This recreation vehicle storage lot should provide spaces of varying sizes at a ratio of one space per every seven homes. Affordable housing projects are exempt from this requirement.
(b) Recreation storage lots shall be screened via landscape planting and walls or fences in accordance with § 9-1-93.3.
(6) Street lights. On local residential streets, the use of ornamental street lights, smaller in scale than standard street lights, should be considered. The decision-making authority may approve such lights if it determines that they are consistent with safety and security requirements. (7) Other outdoor lighting. Parking lot and other outdoor lighting shall conform to the guidelines for nonresidential projects contained in § 9-21-92.2.
(D) Pedestrian circulation.
(1) Pedestrian access. Project designs often wall off residents from otherwise convenient uses that are within comfortable walking distance by project fencing or landscape planting. For this reason, desirable routes for pedestrians should be anticipated and incorporated into the original project design.
Consideration should be given to direct and convenient routes for pedestrians that may be needed apart from the local street system. Where feasible, landscaped pathways, stairways, and sidewalks should connect to important locations within a neighborhood, such as parks or community pools. They should also connect to other desired destinations just outside the neighborhood such as the supermarket, post office, or elementary school.
(2) Sidewalk requirements. Sidewalks should normally be constructed on both sides of residential streets and integrated into the street landscape design. The decision-making authority may approve the
elimination of sidewalks from one or both sides where it determines that alternate pedestrian pathways have been provided or that sidewalks would serve no useful purpose. (3) Sidewalk placement. On local streets, sidewalks may be placed adjacent to the curb. However, on arterials sidewalks should be set back away from the curb by a landscaped parkway to create a more comfortable buffer between pedestrians and automobiles (see also § 9-1-92.3, regarding frontage landscaping).
(4) Pedestrian-friendly walkways. Walkway layout should anticipate pedestrians' desired movements and should provide direct routes for them. For example, walkways should allow pedestrians to cut the corner to change direction without wearing an ad hoc pathway over adjacent grass or groundcover.
Also, meandering sidewalks or walkways should contain only shallow curves to avoid frustrating pedestrians with unnecessary detours.
Sidewalks should be separated from arterial highways by means of a landscaped parkway. Also, meandering sidewalks should have flowing, gentle curves
(5) Walkway treatment. Walkways should be easily identified and well-lighted by means of pedestrian- scale fixtures, such as vandal-resistant bollard lights. Also, where textured paving is used, it should not be so rough or irregular as to make walking difficult, especially in high heels, or discourage the use of baby strollers or wheelchairs.
(E) Bikeways and equestrian trails. Bikeways and equestrian/hiking trails should be provided in conjunction with each residential project in accordance with the this code, the subdivision code, or other applicable plans or ordinances. Where an off-road bikeway is adjacent to a street, it should be a dual-purpose bikeway/sidewalk unless the decision-making authority determines that bicycle and pedestrian traffic densities warrant the construction of separate bikeways and sidewalks. Also, on arterial street frontages, bikeways and equestrian/hiking trails should be placed within the landscaped parkway rather than adjacent to the curb so that there is a landscaped buffer on both sides of the bikeway or trail. (F) Parks and open space.
(1) Public parks. Land dedication or in-lieu fees for public parks shall be provided as a condition of residential development approval in accordance with the provisions of the city's local park code. (2) Common open space and recreation facilities. Common open space and recreational facilities serve the social and recreational needs of the local residents and help make each neighborhood unique.
Therefore, in addition to public parkland contributions, attached residential projects should provide usable common open space.
(3) Design and location of common facilities.
(a) The city places a high value on the provision of usable open space and recreation facilities, both public and private. Such usable open space should be carefully landscaped and flat enough to accommodate both passive and active recreation. Active recreation facilities included within common areas may consist of swimming pools, spas, cabanas, tennis or other game courts, tot lots, free play areas, game rooms, and similar facilities.
(b) Common open space and recreation facilities should be:
1. Located in special places in order to create neighborhood focal points;
2. Accessible from all residences via the proj ect's own pedestrian circulation system;
3. Situated to take advantage of solar orientation; and
4. Screened from prevailing winds and noise from adjacent streets and land uses. (4) Views of open areas. Attached residential projects should be planned to maximize the feeling of common open space areas within the development. Design methods to achieve this include curving streets and the alignment of a sharply curving or right-angled street toward open areas and views. (5) Individual dwelling unit open space. Attached residential projects should provide usable private open space exclusive to each dwelling unit. This space may consist of a yard, patio, deck, or, in the case of multistory projects, a balcony. Private open space must be directly accessible from the individual dwelling and should be at least partially screened from other nearby units. (G) Grading.
(1) Hillside projection ordinance. Residential projects subject to the provisions of subchapter 2, article 8 shall conform to the grading, landscaping, and other standards of that article. (2) Retaining walls. Whether a residential project is subject to the provisions of subchapter 2, article 8 or not, the visual impacts of retaining walls should be mitigated. Therefore, retaining walls and crib walls should not exceed six feet in height and should include irrigated planting consisting of vines and/or other landscape screening. Where the planning commission finds that greater retaining is needed, it may approve a tier of up to three such walls, up to six feet high each, placed one above the other, provided a minimum of six feet of horizontal irrigated landscaped terrace is placed between each pair of walls.
(3) Terraces and downdrains. The visual impacts of drainage terraces and downdrains should be lessened by the use of river rock, colored gunite, colored concrete, or other treatments which produce a softened natural appearance. Terrace benches should be of sufficient width to provide for visual screening of terrace drains by means of berming or similar design measures. Unless determined necessary by the decision-making authority, downdrains should not be placed at visually prominent locations such as at street intersections. However, if such a prominent downdrain location is determined necessary, the downdrain should be placed in an underground pipe. (4) Slope blending. The tops and toes of manufactured slopes should be contoured and landscaped to blend into adjacent terrain. A smooth gentle transition should be made where the planes of manufactured and natural slopes intersect.
Slope blending and undulation
(5) Slope undulation. Manufactured slopes over six feet in height should be designed to reflect the appearance of the surrounding natural hillsides and to avoid long flat-planed surfaces. This should be achieved by means of slope undulation, i.e., by curving both the tops and toes of slopes and varying the slope gradient from the 2:1 maximum steepness on some portions to flatter ratios such as 5:1 on others.
(H) Preservation of views. Because of its beautiful setting and hilly topography, the city enjoys unsurpassed view opportunities. Therefore, project site planning should carefully consider access to views by project residents and visitors. Projects should be oriented and site planned so that panoramic and midrange views are preserved and promoted, both from within a project and from adjacent streets and neighborhoods. Further, projects should be conceived and designed to preserve, to the greatest extent feasible, existing vistas and panoramas of open space, major landforms, the ocean, and manmade landmarks. (I) Trash areas and enclosures.
(1) Placement.
(a) For attached residential projects utilizing common trash areas, trash enclosure placement shall conform to the zoning code.
(b) In addition, trash enclosures shall be:
1. Located near to the residences they serve;
2. Directly accessible to trash trucks via alleys or driveways so as to avoid the necessity of substantial hand carrying of trash containers or hand-pushing of dumpsters; and
3. Located substantially away from public view scape, pedestrian, and circulation areas unless determined infeasible by the decision-making authority. (2) Enclosure design. Enclosures shall be constructed on a concrete pad and shall conform to § 9-1-45.19 and applicable disposal company standards. 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-trained, and of heavy duty construction sufficient to withstand hard usage. Interior concrete or metal curbs shall be included to prevent damage to the enclosure walls. Decorative overhead structures such as trellises should be integrated into the design, especially where the trash enclosure is visible from above. Where exposed to public view, trash enclosures should also be screened by vines, shrubs and/or trees. Trash enclosures shall be large enough to provide space for at least two 90-gallon recycling toters per each dumpster bin. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-93.3 Residential landscaping.
(A) Overall landscape architectural design.
(1) Purpose. Landscape architecture is as important as building architecture in creating attractive and comfortable neighborhoods. Landscape treatments can be used to create outdoor rooms and special places, ranging from parks and common recreation areas to beautifully designed residential yards.
Landscaping features are also useful for screening parking, softening walls and fencing, and beautifying the street.
(2) Objectives. Landscaped plans shall utilize the various elements of landscape architecture (e.g. planting, walkways, water features, lighting, outdoor furniture, etc.) to accomplish the following objectives:
(a) To visually emphasize prominent design elements and vistas, while screening undesirable views; (b) To provide a harmonious transition between ad jacent land uses and between development and open space;
(c) To be varied enough to provide interest and emphasis, but not so obtrusive as to distract the viewer; and
(d) To provide an overall unifying influence, enha ncing the visual continuity of the project. (B) General requirements.
(1) Deep root barriers. Trees planted within 15 feet of walls or pavement shall be installed with deep root barriers to help prevent foundation or pavement damage. (2) Tree grates. Tree grates should be installed around trunks where trees are planted within sidewalks or other paved pedestrian areas.
(C) Use of nonresidential landscaping guidelines. Project frontage, entry, boundary/interior, and pedestrian area landscaping, and coordination of landscaping and utilities, shall follow the nonresidential landscaping guidelines contained in § 9-1-92.3.
(D) Tree preservation. Attached residential projects shall be designed to preserve existing trees to the greatest extent possible. Landscape, grading, and site plans should incorporate these trees into the overall project design, including measures to protect the existing trees during and after construction. Such measures shall be clearly indicated in both preliminary and final construction drawings. In conjunction with such efforts, the applicant may be required to engage a properly credentialed arborist to submit evaluations and recommendations for saving, transplanting, or removing existing trees. If the decision-making authority determines that significant existing trees cannot be saved, it may require their replacement with new specimen-size trees having a cumulative trunk diameter of up to two times the cumulative trunk diameter of the trees to be removed. Trunk diameters shall be measured three feet above the base. (E) Street trees.
(1) Purpose. By providing shade and greenery, street trees are the single most effective way to beautify a street and create a pleasant environment for both pedestrians and motorists. When mature, street
trees provide rhythm and identity for a street and act as a soft counterpoint to the hard surfaces of sidewalk and roadway. For these reasons, street trees should be provided on all streets within and adjacent to attached projects.
(2) Planting plans. Size and species selection shall follow the nonresidential landscaping guidelines of § 9- 1-92.3. Also, in accordance with the requirements of § 9-1-92.3, the installation of street trees shall be carefully coordinated with the placement of under-ground and aboveground utilities so that both are accommodated.
(F) Plant selection and sizes.
(1) Criteria for selection of plant materials. Plant materials shall be chosen on the basis of both functional and visual characteristics. On manufactured slopes, consideration shall be given to reducing landscape maintenance and water consumption, adaptability to adverse soil conditions present in many parts of the city, low fire-fuel content in transition areas between development and open space, and enhancement of slope stability and erosion control. Where soil and other environmental conditions permit, species native to coastal southern California may be incorporated into the landscape plan. (2) Species, sizes, and densities. Plant sizes and densities and suggested tree species shall be in accordance with the Nonresidential Landscaping guidelines in § 9-1-92.3. (G) Landscaping of hillside development.
(1) Hillside protection ordinance. Attached residential projects subject to the provisions of subchapter 2, article 8 shall conform to that article's grading, landscaping, and other standards. (2) Hillside landscape design. For hillside development, whether subject to the provisions of subchapter 2, article 8 or not, special attention should be given to the planting of trees and shrubs at the base of walls on the downhill side in order to lessen the apparent wall height and soften the overall visual impact of hillside construction. In addition, canopy-type trees should be added between buildings to smooth out the harsh edges of rooflines as viewed from below or across the valley. Careful landscape designs can achieve these objectives while, at the same time, framing and preserving views from the hillside residences.
(H) Walls and fences.
(1) Height and placement. Limitations on height and placement of walls and fences shall be per the provisions of § 9-1-35.2 or applicable planned community text or specific plan. (2) Preferred substitutes for walls and fences. Walls and fences are often necessary for security, privacy, and property demarcation. However, such barriers can also obstruct vistas and create claustrophobic neighborhoods and streetscapes. When used along project perimeters, they can create isolated residential enclaves, cut off from adjoining neighborhoods. Therefore, consideration of alternative design features are encouraged. These might include wide landscape buffers perhaps coupled with open view fencing. Where a denser screen is essential, living fences such as hedges or tree lines should be considered.
(3) Perimeter walls. Where perimeter walls cannot be avoided, they should be of masonry, stucco, or other solid material. Wood or chain link fences should not be used. However, where the decision- making authority determines that an opaque screen is not required, walls may incorporate tubular steel, wrought iron, or other open design. Shrubs and/or vines should 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 should be appropriate to the growth habits of the selected plant species but should be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. There should also be an intervening landscape buffer between perimeter walls and sidewalks. Gates or other openings in the wall or landscaping should be provided at appropriate points to allow pedestrian access to nearby stores and community facilities.
(4) Front yard fences. High fences and walls in front yards are discouraged because they tend to create a stockade-like appearance along the street. If front yard fences are used, they should be of low height (maximum 3.5 feet per the zoning code) and open design, such as wrought iron, tubular steel, or wood lattice. Chain link is discouraged. In general, front yard fences should contribute to a sense of entry to the home and should match its scale and size. In all cases, front yard fence height and placement shall conform to the provisions of § 9-1-35.2.
(5) Side and rear yard fences. For new residential projects, side and rear yard fencing should be installed by the developer in accordance with a comprehensive wall/fence plan approved by the city. (6) Parking and recreational vehicle lot screening. Common parking or recreation vehicle storage lots in attached projects should be screened by means of walls or fences augmented by landscape planting.
Such walls and fences shall conform to the provisions of § 9-1-35.2 and shall effectively screen parked cars (see also § 9-1-92.3 regarding boundary and interior parking lot landscaping). Interior landscaping may be required for recreational vehicle storage lots if the decision-making authority determines that the lot will be highly visible from development above. Screening walls or fences should generally be solid but may include open portions (tubular steel, wrought iron, etc.) if the decision-making authority determines that the desired screening is still achieved. (7) Materials and colors. Walls and fences for individual dwellings which are visible from the street or from a common area should be treated as an integral part of the residential building's architecture.
Materials, colors, finishes, and detailing should draw from the buildings they surround or adjoin. In general, walls and fences within residential projects should utilize durable masonry, stucco, or wood materials, with finishes and colors consistent with the overall project architecture. Chain link, wire mesh, barbed wire, or similar materials should not be used because of their unattractive appearance unless the decision-making authority determines that the subject fence will not be visible to the public or is otherwise consistent with the goal and objectives set forth in § 9-1-91.2. In such cases, vinyl-clad chain link is encouraged.
(8) Wall and fence articulation. Long straight stretches of wall or fence should be avoided because of their monotonous appearance and lack of visual interest. Walls should 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. Landscape planting, as described in division (H)(3) above, may be used to augment this wall articulation.
Offsets and landscape planting, such as vines and shrubs, serve to break up long freestanding walls
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-93.4. Residential architecture.
(A) Architectural style and harmony.
(1) Architectural style. Although the city contains many residential styles, the predominant ones are ranch, modern, and Mediterranean. While these architectural guidelines seek to incorporate the strongest elements of those styles, such as the blending of indoor and outdoor spaces, they do not insist on rigid adherence to them or to any other particular style. To do so could create a community which soon would become visually dated or one with a repetitious and monotonous appearance. Rather, ourthe objective is to promote both visual diversity and compatibility in new attached residential development. This will be achieved through architectural innovation and the use of the design principles contained in this section.
(2) Compatibility with existing development. As in the case of commercial development, proposed attached residential projects will be judged on how they respect their natural and manmade settings.
That is, attached projects should be architecturally distinctive yet in harmony with the surrounding natural and manmade environments as stated in § 9-1-92. Thus, though new projects need not imitate the design of surrounding buildings, they nevertheless should be visually compatible with that _ _.,. .,\ .. ·
·•.··· \
development. This compatibility can be achieved by incorporating some of the design features of existing development such as materials; colors; architectural details, such as door and window design; roof design, etc.
(3) Compatibility with natural setting. The natural setting should also be respected in the design of new projects. This can be achieved by designing split-level homes which step down hillside sites rather than large single pads requiring massive cuts and fills. See subchapter 2, article 8 for useful design measures.
Also, colors, materials, and styles which harmonize with the natural setting should be used. (B) Building mass and form.
(1) Building mass and corner lots. Exterior mass and form can be arranged to improve the visual impact of attached residential buildings on corner lots. Thus, buildings on street corners should be either single- story or should have a significant single-story element on the exterior (street) side of the building. (2) Adjacent one- and two-story buildings.
(a) Variety and interest can be achieved within an attached residential project by varying building heights. This can be done by utilizing both one- and two-story buildings. To provide a harmonious visual relationship between adjacent one- and two-story buildings, however, it is desirable to introduce an intermediate transition between them.
(b) This transition can be accomplished by:
1. The introduction of a composite one- and two-story unit between the two buildings; or
2. The use of a single-story element as part of the two-story building on the side next to the one- story building.
(3) Mixed-height elements in attached residential buildings. By including single-story units or elements in a two-story attached building, the apparent building size can be reduced. When the single-story portion is an end unit, the visual impact of the building is reduced both at the nearby pedestrian distance and from further away. Alternately, reducing the height of an interior unit helps to visually break the buildings mass into smaller elements.
Single-story elements within a two-story building help to reduce apparent building mass
(C) Building elevations.
(1) Articulation.
(a) Articulation, the creation of jogs and insets in building walls, adds interest, richness, and intricacy to all buildings.
(b) In addition, these changes in plane and height and the use of such design features as porches, bay windows, dormers, and chimneys serve to break up blank walls and avoid the "row-of-boxes" appearance of many attached residential projects.
(c) Therefore, highly articulated residential buildings are strongly encouraged. (2) Side and rear elevations. Because of high land costs and other factors, permissible building envelopes are often totally filled up in order to achieve the maximum yield. This practice often results in monotonous flat-planed side and rear elevations. This problem may be avoided by stepping down two- story attached residential buildings to one-story units on the ends and/or providing wall articulation on the sides and rear of buildings comparable to that on the front. This is especially important on hillside, corner, and through lots where the side and rear elevations are directly visible from a street or from residences above or below.
(3) Light and shadow. The effect of sunlight on a building and the resulting play of light and shadow over its surfaces determine how a building is experienced by the viewer. Because of this, significant recesses are encouraged for attached buildings. These can be created by means of substantial door and window reveals, eave overhangs, and wall offsets. The resulting strong shadow lines will give the building a feeling of both depth and substance.
(4) Creation of shade. In consideration of the city's warm, dry climate, homes should be designed to provide ample shade for outdoor spaces, entries, and windows. This can be achieved by the use of trellises, verandas, awnings, wide eave overhangs, and the combination of careful site planning and building insets, i.e., the two working together so that the building walls themselves provide afternoon shade for outdoor living areas.
(5) Entries. Entries, whether on the side or front, should be designated as a focal point of the elevation and should be immediately identifiable to the viewer. Entries should be inviting in appearance and covered or inset to provide weather protection. Entries should also be given varying design treatments to establish individuality and identity for each residential unit.
Insets add focus to the front entry while overhead structures give depth by varying light and shadow on wall surfaces
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(6) Wall materials. Wood, stucco, stone, or brick are encouraged, while metal siding is discouraged. For wood, smooth, resawn, or rough sawn finishes may be used. For stucco, smooth, light sand, and light lace finishes may be used. Brick and stone finishes should be left natural. (7) Wall colors. For wood or stucco, bright colors such as orange or bright white, or intense primary colors such as scarlet red should not be used. In general, pastels, such as off-white or light gray, or light earthtone colors, such as tan or beige, are encouraged for wood or stucco. Brick and stone should be left in its natural color.
(D) Roofs.
(1) Form. Roofs are highly visible in any residential project, especially in the city because of its hilly topography and the prevalence of views from uphill areas. Viewed from the street, roofs are as powerful as front elevations in determining the visual quality of the streetscape. A harmonious diversity of roof forms can add variety and interest to a residential street, while roof uniformity can create monotony and lack of street identity. Therefore, roof forms should be varied along each street.
One method of doing this is to create different hip and gable-end roof treatments for the same floor plan in production attached residential projects. Visual interest can be further achieved by varying the rooftop ridges so that some are perpendicular and some are parallel to the street.
A careful mixture of roof types can add variety to residential buildings and reduce apparent building mass. Tile or other noncombustible materials are required
(2) Type. Pitched roofs, either gable, shed, or hip are encouraged. Shallow pitches should be used where it is necessary to de-emphasize the apparent building mass. Mansard roofs may be used if consistent with the building style and part of an overall project theme. Flat roofs are discouraged because they tend to produce a bland, uninteresting streetscape and do not contribute to an overall sense of quality.
However, when flat roofs are used, they should not cover more than 50% of the building's footprint. (3) Materials.
(a) Clay or concrete tile or similarly ap pearing fire-resistant tile is encouraged. (b) Composition shingles may be used only on r oofs that the decision-making authority determines have little or no visibility from off-site.
(c) Composition sheet materials should be limited to flat roofs only.
(d) Wood shakes or other wood materials shall not be used. (4) Colors. A variety of roof colors may be used within an attached residential project to enhance diversity of roof appearance. Colors should generally be neutral, dark, or earthtone shades (e.g., tans, browns, terra cotta, light gray, charcoal gray) and should complement wall and fascia colors. However, intense colors which might, in the judgment of the decision-making authority, overwhelm the facade or the streetscape should not be used. Examples of such colors include bright white, orange, ceramic blue, etc. Vents and other roof equipment should be painted the same color as the roof itself. (5) Solar collectors. Though desirable from the point of view of energy conservation, solar collectors can be very unattractive. Whenever possible, they should be ground-mounted or placed on side- or rear- facing roofs away from street view. If, because of sun orientation, it is necessary for a solar collector to be roof-mounted and visible from the street, it should be visually integrated with the roof by design features such as a frame around the collector of the same color and, if possible, the same material as the roof itself.
(6) Antennas. Television, dish, amateur radio, and other antennas shall comply with the provisions of § 9- 1-35.6.
(E) Doors, windows, and trim.
(1) Doors and windows. Deeply recessed doors and windows are encouraged to provide shadow lines and wall relief. All door and window surrounds must be wide enough to match the scale and architectural style of the building.
(2) Trim materials and colors. Both wood and stucco trim is encouraged for doors and windows. All wood fascia boards, window and door surrounds, and other trim material should be 2x or greater. Smooth, resawn, or rough sawn finishes may be used. Unfinished silver aluminum window frames without trim should not be used on elevations visible from the street. Trim colors should be chosen to complement the wall and roof colors.
(3) Glass. Clear or tinted glass may be used in windows and doors. Mirrors or other highly-reflective glass should not be used.
(4) Awnings. Fabric awnings may be used to provide window shade and colorful accents if consistent with the architectural character of the building and if awning colors are carefully chosen to complement wall and roof appearance. Metal or other materials may be considered if determined consistent with the building's architecture and materials by the decision-making authority. (F) Garages and carports.
(1) Purpose. In today's auto-oriented society, substantial space must be given over to the storage of personal automobiles. In attached residential areas, this means garages and carports with access onto local streets. It also means garage doors or parked cars which tend to dominate the streetscape. The purpose of this division (F)(1) is to offer design features to lessen this dominance and mitigate the attendant visual monotony.
(2) Low-density attached projects.
(a) In lower density attached projects, such as duplexes and townhouse developments, garages and garage doors are often the most visible architectural feature on the street. Therefore, it is important to avoid the appearance of an unbroken line of garage doors with dwelling units attached as an afterthought.
(b) Some or all of the following techniques should be used to do this:
1. Create a variety of floor plans with different garage orientations and setbacks, including some turn-in garages with garage doors perpendicular to the street;
2. Provide three single doors in some of the three-car garage plans;
3. Recess garage doors deeply into the front wall in order to create strong shadow lines and visual relief;
4. Utilize a variety of garage door colors;
5. Add trim moldings onto the door, especially ov er plywood joints, to break up the otherwise blank expanse and add visual interest;
6. Provide sectional rollup doors to maximize th e usable driveway length for parking; and
7. Wood garage doors are encouraged. Doors of metal or other materials may be used if they give the appearance of wood via texturing, raised panels, etc. (3) High-density attached projects.
(a) Apartment, condominium, and other higher-density attached projects often require concentrated parking facilities such as carports and detached garages. These can result in long lines of parked cars or blank garage doors.
(b) Therefore, the site planning guidelines of § 9-1-93.2 and the following architectural guidelines should be followed to mitigate the visual impact of residential parking facilities:
1. Although carports may be permitted by this zo ning code, garages are encouraged with direct access into units where possible. This will provide increased security and allow mitigation of visual impacts via use of the applicable garage guidelines listed in division (F)(2) above.
2. Carport support posts should be substantial in appearance, such as heavy timber or stucco columns. Four-by-four wood or unadorned steel posts should not be used. Though flat roofs may be used, pitched roofs are encouraged when roofs are visible from outside the project. Back walls exposed to street view should be heavily screened with landscaping. Overall design should be compatible with the architecture of the residences and other accessory structures such as recreation buildings and cabanas.
(G) Accessory elements.
(1) Balconies and patios. In consideration of southern California lifestyles, residential units in the city should provide strong indoor-outdoor relationships. Therefore, extensions of the indoor living area such as balconies, patios, and decks should be designed into home plans. It is important to ensure that building floor plans allow space for the later addition of patio covers within the permitted setbacks. (2) Patio covers. Patio covers, trellises, pergolas and other exterior structures should reflect the character, color and materials of the building to which they are related. (3) Mailboxes. Projects should provide mailboxes for the residences as part of their design details.
Individual mailboxes, mailbox clusters, and group mailbox structures should reflect the architectural detailing of the residences or the project's overall streetscape theme. Mailbox locations should minimize visual impacts while providing easy accessibility. (4) Trash enclosures. Trash enclosures shall conform to the guidelines of § 9-1-92.2. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-94 Design review procedures.
All references to this § 9-1-94 shall include §§ 9-1-94.1 through 9-1-94.5. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-94.1. Applicability of design guidelines to projects. (A) Projects subject to design review.
(1) Projects which involve building construction and a lso require a site development or use permit shall be subject to design review under the provisions of this article. (2) The types of projects requiring site development or use permits shall be in accordance with subchapter 2, article 11. Generally, however, they include all nonresidential development projects and all attached residential projects.
(3) Projects which involve only minor exterior alte rations and for which neither building construction is required nor a site development permit or use permit is required shall be subject to review and approval in accordance with the provisions of §§ 9-1-92.1(C)(3) or 9-1-93.1(A)(2). However, as to such projects, only the proposed alteration shall be subject to review and approval and it shall not be a basis for or allow review of the entire building or project for compliance with the provisions of these guidelines.
(B) Projects not subject to design review. The following projects are not subject to design review:
(1) Land use applications which do not involve building construction; and (2) Construction or remodelin g of single-family homes. (C) Determinations regarding applicability. When it is not immediately apparent whether a proposed project is subject to the provisions of this article under the categories listed in divisions (A) and (B) above, the community development director shall decide. The director's decision shall be based on his determination of the most applicable category of the project and the goal and objectives set forth in § 9-1-91.2. However, in cases where the director concludes that, because of unusual project characteristics, the determination may materially affect achievement of the aforesaid goal and objectives, the determination of applicability shall be referred to the planning commission.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-94.2 Application for design review.
(A) (1)Application for design review shall be made in conjunction with the project's associated site development or use permit on forms provided by the community development director. (2) The following is a list of information and materials which shall be required unless determined to be not relevant to the particular application by the director:
(a) Preliminary site, gradin g, and landscape plans;
(b) Schematic architectural elevations, roof plans, and floor plans; (c) A conceptual signing plan, including approximate sig n sizes, heights, locations, colors, and materials; (d) Drawings of design details such as mailboxes, outdoor lighting fixtures, walls and fences, trash enclosures and the like;
(e) A photometric analysis showing footcandle cont ours both within the site and beyond the site boundaries;
(f) A sample board containing samples of propos ed colors, materials, finishes and the like; (g) A drawing and site location for any cult ural depiction, per § 9-1-92.6; and (h) Other information or materials d eemed necessary by the director.
(C) The community development director may permit certain of the preceding application materials to be submitted after initial review of the site development permit. For minor exterior alterations, as defined in § 9-1-92.1(C)(3), an application for a changed plan shall be required. The application for such a changed plan shall be provided by the director and shall include requirements for information, plans, and material samples as deemed necessary by the director. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-94.3 Project review.
(A) Planning commission review.
(1) The planning commission shall carry out design review of all projects subject to the guidelines set out in this article except those reviewed by the community development director in accordance with subchapter 2, article 11. Design review shall be done as part of the commission's review of the project's associated site development or use permit.
(2) Design review shall not be considered complete until both of the following have occurred:
(a) Final action on the project's associ ated site development or use permit; (b) Expiration of any required appeal period (pursuant to the zoning code) or final action on any appeal filed.
(B) Approval or denial of projects. Consistent with § 9-1-91.3, this article is to be used to assist city decision- makers in their discretionary judgments to approve or deny projects. Per division (A) above, a proposed project's associated site development or use permit application shall be the vehicle for the design review process. Therefore, the city decision-making authority must make a finding that the project is consistent with the overall goal and objectives set forth in § 9-1-91.2 in approving the project's associated site development or use permit application. Conversely, a finding that a project is not consistent with the goal and objectives shall constitute grounds for denial.
(C) Cultural depictions. Cultural depictions are encouraged for larger commercial, office, institutional, and mixed- use projects in the city per § 9-1-92.6. Preliminary plans and site locations for such depictions should be approved in conjunction with the site development permit for the overall project. (D) Staff review of construction documents. Final construction documents (working drawings) shall conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved by the planning commission as part of design review. The community development director shall determine such conformity prior to the building permit plan check. If the director determines that construction documents are not in conformance with approved preliminary plans, the director shall give the project proponent the option of revising the construction documents to conform, or of applying to the planning commission for approval of a plan amendment.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-94.4 Appeals.
Any decision relating to design review made by the community development director may be appealed to the planning commission, and any similar decision made by the planning commission may be appealed to the city council. Appeals shall be filed and processed in accordance with subchapter 2, article 11. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-94.5 Exceptions.
The planning commission may grant relief from full compliance with one or more of the mandatory guidelines set forth in this article (that is, guidelines identified by the word "will" or "shall," as defined in § 9-1-
91.3) by means of an exception. In approving such an exception, the planning commission shall find that, notwithstanding the exception:
(1) The resulting project is consiste nt with the goal and supporting objectives of § 9-1-91.2; and (2) The granting of the exception will result in an equivalent or better project in terms of overall design quality. Also, in approving an exception, the commission may require compensating enhancement to other project design features or amenities.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-95. Multifamily and mixed-use residential objective development and design standards. (A) Purpose and intent. The purpose of the objective development and design standards of this section is to provide the development community, design professionals, general public, and city personnel with objective criteria for eligible new multifamily and mixed-use residential development in the city. These criteria include, for example, objective standards related to site planning, building form, landscaping, and architectural design based on Laguna Niguel'sthe city’s character, aesthetics, and the quality of the built environment.
Consistent with existing state law, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal. The intent is to promote the construction of new housing and further City goals in yielding development projects that feature elevated design and architecture and foster an enhanced quality of life through the built environment.
(B) Applicability and review. The provisions of § 9-1-95 apply to all new multifamily and mixed-use residential projects that qualify for streamlined ministerial review under state law. If a project is subject to development and design review and is not required by state law to be reviewed only against objective standards, it is subject to discretionary design review and findings, as prescribed in subchapter 2, article 9 and article 11. (C) Relationship to other regulations. Eligible housing projects that qualify for streamlined ministerial review under state law must comply with these objective development and design standards and with all applicable development standards in the city's regulatory documents, including but not limited to the Laguna Niguel Municipal Code, and applicable specific plans. Where standards conflict, the more restrictive shall apply. (D) Objective development and Design Standards Manual. The City's Objective Development and Design Standards Manual ("the manual") is hereby adopted and incorporated by reference into this section as if fully set forth herein. If a provision is inconsistent with state law, it does not impact any other standards. (1) Accessibility. The manual shall be maintained on file with the City of Laguna Niguel Community Development Department ("department"). Additionally, the Manual shall be made freely accessible to the public and shall be posted on the official City website. (2) Amendments. The manual may be amended in accordance with the following. (a) The director may initiate amendments to the manual. All proposed amendments shall be reviewed for compliance with state law and any amendment determined to be in violation of state law shall be rejected.
(b) If a change in state law re nders an existing portion of the manual noncompliant, state law will govern and the director shall initiate an amendment to bring the manual into compliance as expeditiously as possible.
(c) No amendment to the manual will be effective until it is approved by the city council in accordance with the procedures set forth in § 9-1-117.4. (d) All amendments shall be proper ly documented, and a revision history shall be maintained by the department. The most current version of the manual, along with its revision history, shall be available to the public through the city's website and upon request at the department. (Ord. 2023-225, § 3, passed 12-5-23)
§§ 9-1-96—9-1-99 Reserved.
ARTICLE 10. TRANSPORTATION DEMAND MANAGEMENT
§ 9-1-100 Purpose.
This subchapter 2, article 10 is intended to meet the requirements of California government code § 65089(b)(3), which requires development of a trip reduction and travel demand element to the congestion management program, and California government code § 65089.3(a)(2), which requires adoption and implementation of a trip reduction and travel demand management ordinance. Additionally, it is the intent of this article to complement air quality management district standards as much as possible. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-101 Policy.
(A) New commercial, industrial, mixed use development may adversely impact existing transportation and parking facilities, resulting in increased motor vehicle emissions, deteriorating levels of service, and possibly significant additional capital expenditures to augment and improve the existing transportation system.
(B) In order to more efficiently utilize the existing and planned transportation system and to reduce vehicle emission, it is the policy of the city to:
(1) Promote and encourage the use of alternate transp ortation modes such as ride sharing, carpools, vanpools, public bus and rail transit, bicycles and walking; (2) Provide facilities, such as bicy cle lanes and trails and transit waiting areas, necessary to encourage alternate methods of transportation;
(3) Utilize existing local mechanisms and procedures fo r project review and permit processing to achieve reductions in vehicle trips; and
(4) Promote coordinated implementation of strategi es on a countywide basis to reduce transportation demand.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-102 Applicability.
This article shall apply to all new nonresidential developments with 250 or more employees located on a site during a given shift. A new development is a project, either multi-tenant or single employer, for which any level of discretionary zoning approval for any portion of the project has not been granted prior to the effective date of this article. If the development is a retail shopping center, this article applies to the center as a whole and shall include all tenants and satellite pads. In cases where additional zoning approval is necessary for additional developments, even though previous zoning approval was granted for the entire project prior to the effective date of this article, additional development of 250 or more employees is subject to the requirements of this article. Developments located within areas subject to a development agreement shall comply with the regulations described in this article.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2002-121, § 3, passed 10-15-02) § 9-1-103 Programs to be implemented by developer.
(A) All property owners, or their designee, of develo pments subject to this article, must submit a trip reduction/TDM strategy plan prior to the issuance of permits for the project. The trip reduction/TDM strategy plans shall be reviewed and approved by site development permit pursuant to § 9-1-114. This plan shall identify initially proposed programs and strategies based on initial occupancy levels. The trip reduction/TDM strategy plan shall be designed to attain the goal of an average vehicle ridership (AVR) of 1.5.
AVR is the total employee population reporting to a site divided by the number of motor vehicles driven by employees to the site during the peak traffic hours of 6:00 a.m. to 10:00 a.m., Monday through Friday.
Reporting employees includes telecommuters and those on alternate work weeks. At any time at which the air quality management district requirement for developer participation is changed from 250 employees, or the AVR goal is changed from 1.5, the employee threshold and desired AVR of this article shall also be changed to be consistent with air quality management district requirements without the requirement of a public hearing.
(B) After review of the trip reductio n/TDM strategy plan developed by the property owner, the city may require, but not be limited to, one or all of the following programs. The city shall take into consideration the nature of the project, such as multitenant developments, when reviewing the TDM strategy plan. The city will determine the desired AVR and necessary programs as part of the permit approval process. (1) Preferential parking for carpool vehicles.
(a) A percentage of the employee parking spaces shall be reserved and designated for carpool vehicles by marking such spaces "Carpool Only." A suggested percentage is 15% of employee parking to be designated for carpool parking.
(b) Carpool spaces shall be used on ly by carpool vehicles in which at least two of the persons will be employees or tenants of the proposed project.
(c) Such carpool spaces shall be located near the building's employee entrances or at other preferential locations within the employee parking areas as approved by the community development director.
(d) The following chart shall be us ed as a guide to determine the total number of employee parking spaces:
TABLE 10.1. EMPLOYEE PARKING SPACES.
Type of use Percent of total parking devoted to
employee parking
Commercial Regional 30
Community 30
Neighborhood 30
Office/professional 85
Industrial 90
(2) Bicycle parking and shower facilities. Bicycle parking and locker and shower facilities shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle. A suggested number of facilities to be provided shall be at the rate of at least one locker for men and women for each 20 employees and one shower for men and women for each 50 employees for developments over 50 employees.
(3) Information on transportation alternatives.
(a) A commuter information area shall be provided that offers employees appropriate information on available transportation alternatives to the single-occupancy vehicle. This area shall be centrally located and accessible to all employees or tenants. (b) Information in the area shall includ e but not be limited to the following:
1. Current maps, routes and schedules for public transit;
2. Ride sharing match lists;
3. Available employee incentives; and
4. Ride sharing promotional material supp lied by commuter-oriented organizations. (4) Vanpool vehicle accessibility.
(a. The design of all parking facilities shall inco rporate provisions for access and parking of vanpool vehicles.
(b) Where applicable, vanpool vehicle accessibility sh all include a minimum of eight feet two inches vertical clearance for those parking spaces and ramps to be used by such vehicles. (c) Vanpool parking spaces shall be located ne ar the building's employee entrances or other preferential locations as approved by the community development director. (d) A suggested number of accessible vanpool parking spaces shall be calculated at three spaces per 100 total employee parking spaces. The number of total employee parking spaces shall be calculated using table 10.1 above.
(5) Monetary incentives.
(a) The employer shall purchase or subsidize the purchase of County transit district bus passes. (b) The employer shall subsidize the cost of parking for employees who carpool. (c) The employer shall provide incentives for the employee to carpool or vanpool, use public transportation or use alternative means of transportation to commute to work. Incentives shall include but not be limited to monetary incentives, additional vacation time, etc. (6) Flex time and alternate work weeks. The employer shall implement plans designed to have the employee work an alternative work schedule. This schedule shall include but not be limited to flex time, staggered work hours or a compressed work week designed to schedule the employees to commute during nonpeak hours. Peak hours are 6 a.m. to 10 a.m., Monday through Friday. (7) Telecommuting. The employer shall establish and help subsidize telecommuting for its employees.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2002-121, § 3, passed 10-15-02) § 9-1-104 Implementation and monitoring.
(A) For the purposes of determining whether applicable developments are complying with the provisions of this article, the city shall monitor such compliance in a manner it deems appropriate and reasonable. (B) Monitoring mechanisms include but are not limited to the following:
(1) (a) Review of developer's proposed trip reduction/TDM strategy plan. (b) Review of the plan is required:
1. Within three months from the date a cert ificate of use and occupancy permit is issued;
2. When employment in the development increases by 30%; and
3. Annually.
(c) For each review of the TDM strategy plan the developer shall survey its employees to determine the method of transportation each employee uses to commute to work, use the results of this survey to calculate the average vehicle ridership for that site, and submit the survey and AVR calculations to the city.
(2) The city shall compare the actual AVR to the projected AVR determined for that particular project. If the site does not meet the projected AVR, the city may impose any additional programs deemed necessary for the developer to reach the projected AVR. (3) The city shall verify compliance with required trip reduction programs through review and approval of site development permits, field inspections and building permit inspections. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-105 Enforcement and penalties.
(A) For purposes of ensuring that a pplicable developments comply with the provisions of this subchapter 2, article 10, the city shall, following written notice to subject property owners, initiate enforcement actions against such property owners or designees, which may include but shall not be limited to the following:
(1) Withholding approval of a discretionary permit, such as a site development permit, or withholding issuance of building permits or certificates of use and occupancy; (2) Issuance of a stop work order; and
(3) Initiation of proceedings to revoke the site de velopment permit or other discretionary action. (B) The city may require the developer or property owne r to establish an association with city-approved CC&R regulations designed to enforce the provisions of this article. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-106 Fees.
Filing fees shall be paid in accordance with § 9-1-119. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2002-121, § 3, passed 10-15-02)
§ 9-1-107 Appeals.
Appeals to decisions on site development permits shall be reviewed in accordance with § 9-1-112.2. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2002-121, § 3, passed 10-15-02) §§ 9-1-108, 9-1-109 Reserved.
ARTICLE 11. PERMITS AND AMENDMENTS
§ 9-1-110 Discretionary actions.
(A) Definition of discretionary action. A discretionary action is an action which the city has the right to either approve, approve subject to conditions, or disapprove. This article sets forth the procedures for processing discretionary and other applications, and the criteria and conditions necessary so that an appropriate decision may be made by the city on each such application. For the purposes of this article, certain "ministerial" actions, which require little or no discretionary judgment (such as the issuance of a certificate of occupancy), are included within the term "discretionary action." (B) Persons who may file applications. An application for a discretionary permit or other discretionary action such as a zone change or general plan amendment may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency.
(C) Application filing.
(1) Applications for discretionary permits or other discretionary actions shall be filed with the community development department, on forms prescribed by the director, together with:
(a) all maps, plans, documents and other materials required by the director; and (b) all required fees per § 9-1-119.
(2) The director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge.
(D) Determinations regarding applicability. When it is not immediately apparent which type of discretionary action applies to a proposed project, the director shall decide. The director's decision shall be based on the director's determination of the characteristics of the project and the purpose of each discretionary action as set forth in this article. In cases where the director concludes that the determination may materially affect achievement of the objectives of this zoning code, as stated in § 9-1-10, or if the director determines on a case-by-case basis that the public interest would be better served by such referral, the director shall refer the determination of applicability to the planning commission. (E) Combined applications.
(1) Applications for a number of requests for one project may be combined and processed concurrently, as long as all applicable processing requirements are satisfied. The purpose of allowing concurrent review is to consolidate final action on the project with the highest review authority responsible for making a decision on the applications for a project.
(2) The following shall apply to concurrently processed applications.
(a) Public hearing and nonpublic hearing applications. When an application requiring a public hearing is combined with an application that does not require a public hearing, the combined applications shall require a public hearing.
(b) City council and/or planning commission as highest review authority. When city council and/or planning commission review is required for at least one of the applications for a project, the final decision on all applications shall be made by the highest review authority. (c) Recommendations. When the city council is the highest review authority for a project, all review by other bodies with approval authority over the applications shall be in the form of a recommendation to the city council.
(F) Legal actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this article shall be governed by the applicable provisions of the state planning and zoning law.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 56, passed 8-3-21) § 9-1-111 Discretionary review authority.
(A) Decision-making authority. Table 11.1 below specifies the decision-making authority for each of the various discretionary actions described in this article. The letters in the table specify the decision-making authority assigned to the official or body at the top of the column for the type of application at the far left:
(1) A "D" means decision-making authority;
(2) A "PH" means that a public hearin g is required before action is taken; (3) An "R(PH)" means that the planning commission is responsible for holding a public hearing and forwarding a recommendation to the city council;
(4) An "A" means that the a pplication is reviewed administratively by the director, usually without a public hearing; and
(5) An "M" means that the permit revi ew is "ministerial." That is, the action is taken using fixed standards, with little or no personal judgment or "discretion" regarding approval or denial. (For the purposes of this article, certain "ministerial" actions, such as the issuance of a certificate of occupancy, are included within the term "discretionary action.")
(B) Referral by director. Any application for which the director has decision-making authority may be referred by the director 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. In such cases, the director shall also determine if a public hearing is required. In addition, per § 9-1-112.2, the planning commission may elect to call up and review any decision of the director regarding an action by the director taken on a discretionary application. (C) Administrative actions. The discretionary permits to be acted upon administratively by the director per table
11.1 below are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case-by-case basis that the public interest would be served by such notification.
(D) Public hearings. Public hearings shall be noticed and held in accordance with § 9-1-112.1 for those applications shown in table 11.1 as requiring a hearing.
TABLE 11.1. DISCRETIONARY REVIEW AUTHORITY.
D= Decision-making body
R= Recommending body
PH= Public hearing required
A= Administrative decision (without public
hearing)
M= Ministerial decision (little or no
discretionary judgment)
Decision-making authority
Type of application Community
development
director
Planning
commission
City council
General Plan Amendment R-PH D-PH
Zoning Code Amendment R-PH D-PH
Zone Change R-PH D-PH
Specific Plan R-PH D-PH
Variance D-PH
Exceptions to specified HPO,
Design Guidelines, and Gate-
Guarded Neighborhood Standards)
D-PH
Use Permit A* D-PH D*
Coastal Development Permit D-PH
Site Development Permit A* D*
* Per Secs. 9-1-111(b)(c) and 9-1-114.1, the Director shall determine, on a case-by-case basis, whether to review the project administratively or refer it to the Planning Commission; and, if reviewed by the Planning Commission, whether a public hearing is required.
Changed Plan Permit A
Minor Use Permit A
Minor Adjustment Permit A
Temporary Use Permit A
Home Occupation Permit M
Certificate of Occupancy M
Review of Uses not Listed in Code A
Grading Permits Per City Grading Code
Subdivisions Per City Subdivision Code
Environmental Review Per State and City Environmental Review Procedures *Per 9-1-111(b)(c) and 9-1-114.1 or 9-1-114.2 (as applicable), the Director shall determine, on a case-by-case basis, whether to review the project administratively or refer it to the Planning Commission; and, if reviewed by the Planning Commission, whether a public hearing is required.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2018-194, § 2, passed 6-5-18; Ord. 2021-210, § 57, passed 8-3-21)
§ 9-1-112 Hearings and appeals.
All references to this § 9-1-112 shall include §§ 9-1-112.1 through 9-1-112.2. The provisions of this section shall apply to the conduct of public hearings, appeals, and call-up review of all discretionary actions regulated by this article, except where additional or modified provisions are set forth for coastal development permits in § 9-1- 116.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 58, passed 8-3-21) Editor's note(s)—Ord. No. 98-102, § 2, adopted June 6, 1998, added a new section 9-1-112, pertaining to senior managed care facilities. To avoid duplication of sections, the section added by Ord. No. 98-102, § 2 has been redesignated as section 9-1-54.6 at the discretion of the editor. § 9-1-112.1 Public hearings.
(A) Applicable state law. Public hearings required for discretionary actions shall be carried out in accordance with the procedures set forth in this section. It is intended that the provisions of this section shall be fully consistent and in full compliance with California Government Code § 65090 and that such provisions shall be so construed.
(B) Failure to receive notice. Pursuant to California government code § 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision-making authority.
(C) Conduct of hearings. Public hearings shall be noticed in accordance with division (D) below and then held by the decision-making authority to take public testimony prior to action on the relevant application. After close of the public hearing, the decision-making authority may take one of the actions described in § 9-1-113.3, or may continue the application to a specified date or table the application per § 9-1-113.3. (D) Noticing requirements. Notice of public hearings shall be given pursuant to applicable provisions of state law, including but not limited to California government code §§ 65090 and 65091, and this title, including all the following requirements which must be completed at least ten days prior to public hearing:
(1) Noticing content. Notice of a public hearing shall include, but not be limited to:
(a) The date, time, and place of the hearing;
(b) The project name and case number (if applicable);
(c) The identity of the hearing body;
(d) A general explanation of the matter to be considered and a general description in text or by diagram of the location of the real property that is the subject of the hearing; and (e) If a proposed negative declaration or an environmental impact report has been prepared for the project pursuant to the California Environmental Quality Act (CEQA), the hearing notice shall include a statement that the hearing body will also consider approval/certification of such document(s).
(2) Method of notice distribution. Notice of a public hearing shall be mailed or delivered as follows:
(a) The owner of the subject real property;
(b) The owner's authorized agent, if any;
(c) The project applicant;
(d) Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;
(e) All owners of real property as shown on the last equalized assessment roll, or records of the county assessor which contain more recent information, within 300 feet of the subject real property. If the number of owners to whom notice would be mailed is greater than 1,000, the city may instead place a display advertisement of at least one-eighth page in a newspaper of general circulation at least ten days prior to the hearing; and (f) Whenever a hearing is held regarding a discretionar y permit or a legislative action for a drive-thru facility, the city shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in the hearing process per California government code § 65091.
(3) Publish a legal notice in a newspa per of general circulation or post a notice in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.
(E) Other notice. The city shall also provide any other notice required by law and may give notice of the hearing in any other manner it deems necessary or desirable in addition to the notice required by this section. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 59, passed 8-3-21) § 9-1-112.2 Appeals and call-up review.
(A) Appealable decisions. Any discretionary action by the director may be appealed to the planning commission and any discretionary action by the planning commission may be appealed to the city council in compliance with the provisions of this section.
(B) Appeal period. Appeals must be submitted and call-up review must be initiated during the "appeal period", which shall be defined as prior to 5:00 p.m. on the 15th consecutive calendar day after the date of the action being appealed, see § 9-1-15(B) for the definition and counting of days. Per § 9-1-15, the actual date of the decision shall not be counted in the 15 calendar days; rather, the day following shall be counted as day number one. Any subsequent appeal or call-up review to a higher authority must also be made within 15 days of the decision. However, if the 15th day is not a business day for the city, the appeal period shall extend to 5:00 p.m. on the next city business day. No appeal or call-up review shall be accepted after the appeal period has expired. This appeal period shall not apply to coastal development permits or subdivision maps, which have appeal periods specified in § 9-1-116 and the city's subdivision code, respectively. (C) Designation of board of appeals. The planning commission shall constitute the board of appeals for decisions by the community development director and the city council shall constitute the board of appeals for decisions by the planning commission.
(D) Issues to be considered. The board of appeals may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the time the decision-making authority took action. When reviewing a decision-making authority's decision via its own call-up review, the board of appeals may raise and consider any issue it deems appropriate to the project application.
(E) Call-up review procedures. The board of appeals (either the planning commission or the city council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any action taken on a discretionary application. The board of appeals' call-up review may be exercised at any time within the appeal period identified in division (B) above and shall be processed in accordance with division
(F) below. If the board of appeals exercises its right of call-up review, the applicant shall be responsible to pay for the costs associated with the appeal pursuant to the fee requirements of § 9-1-119. (F) Stay pending appeal or call-up review. Timely filing of a written appeal or a request for a call-up review shall automatically stay all actions, and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action that is the subject of the appeal or call-up review, until the appeal or call-up review process has terminated or been completed.
(G) Appeal procedures.
(1) Persons who may appeal. Any interested person may appeal a decision of the director or the planning commission regarding the action taken on a discretionary application upon submission of the required documents and information and the payment of the required fee. (2) Filing of appeals. Appeals shall be filed with the community development department within the appeal period defined in division (B) above.
(3) Required documents. Each appeal, except for call-up reviews initiated by a board of appeals on its own motion, shall be in writing and shall include all grounds for the appeal and sufficient information so as to make it clear to the board of appeals the substance of each of the grounds for appeal. The director may require that the written appeal be accompanied by such other documents and information that the director determines to be necessary to adequately explain and provide proper notification for the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the description of the grounds.
(4) Forwarding of records. When an appeal has been received, the director shall forward to the board of appeals all documents and information on file pertinent to the appeal together with the minutes or official action of the decision-making authority and a report on the basis of the decision. (5) Public hearing requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing as described in § 9-1-112.1. (6) Action on appeal. Not later than 60 calendar days, or as soon as possible thereafter, after an appeal has been received and accepted by the director, the board of appeals shall consider the appeal and take one of the following actions:
(a) Take action to sustain, reverse or modify the or iginal decision. If an original decision to approve a project is modified, the board of appeals may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications;
(b) Continue the appeal for further consideration; and
(c) Refer the application back to the original decision-making authority with directions. (7) Majority vote. Action by the board of appeals to reverse or modify an appealed decision shall require a majority vote of appeal board members present. If there is a tie vote, the original decision shall stand. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 60, passed 8-3-21)
§ 9-1-113 General procedures.
All references to this § 9-1-113 shall include §§ 9-1-113.1 through 9-1-113.9. The provisions of this section shall apply to the processing of all discretionary and other applicable permits, except where additional or modified provisions are set forth for coastal development permits in § 9-1-116. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-113.1 General provisions.
(A) Definition of discretionary permit. A discretionary permit is a discretionary action which applies to a specific property and which authorizes a specified land use or uses and/or a specified development on the property. (B) Applicable state law. It is intended that the provisions of this subchapter 2, article 11 shall be fully consistent and in full compliance with the California Government Code § 65920 et seq. (referred to as "The Permit Streamlining Act") and other applicable sections of the government code, and that such provisions shall be so construed.
(C) Applicability of permits to property. All rights granted by the approval of a discretionary permit remain with the affected property unless the permit has expired pursuant to the provisions of § 9-1-113.5. All conditions and requirements of a discretionary permit shall be passed on to the new property owner when there is a change of ownership.
(D) Permit constitutes precise plan. Upon approval, a discretionary permit constitutes a precise development plan. Therefore, all development authorized under a discretionary permit and any land uses associated with the permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit.
(E) Enforceability of permit provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approved discretionary permit granted by authority of this article shall have the same force and effect as this zoning code. Any land use or development established as a result of an approved discretionary permit which is not in compliance with all such conditions, requirements or standards shall be in violation of this article. The provisions of subchapter 2, article 13 shall also apply. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-113.2 Permit applications.
Submittal and acceptance of applications. A property owner, an agent with notarized written authorization from the property owner, or a public agency may submit an application for a discretionary permit. Within 30 days of receipt of the application, the director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 61, passed 8-3-21) § 9-1-113.3 Actions by decision-making authority.
(A) Permit Streamlining Act. This section is intended to be fully consistent and in full compliance with the time limits and other provisions of the California Government Code § 65920 et seq. (referred to as "The Permit Streamlining Act"), and shall be so construed.
(B) Possible actions. The decision-making authority may take one of the following actions on each application for a discretionary permit.
(1) Approval. An application may be approved with no conditions or requirements other than the design features and other elements incorporated within the application and accompanying plans. After the action's effective date, as defined in division (F) below, and after approval of any required plan revisions per division (G) below, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications. (2) Conditional approval. An application may be approved subject to compliance with conditions.
Conditions may require the dedication of land, installation of improvements, limitations on operational characteristics, the posting of financial security to guarantee performance, or other conditions necessary to achieve the objectives of the general plan and this zoning code. After the action's effective date, as defined in division (F) below, and after approval of any required plan revisions per division (G) below, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval.
(3) Denial.
(a) The decision-making authority may deny an application if it finds that approval of a discretionary permit would create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity, or that other "required findings" for approval specified in § 9-1-114 cannot be made. (b) When a discretionary application has been deni ed, a new application on the same property shall not thereafter be accepted for a period of one year from the date of final determination, unless the Director determines that there are substantial changes to the proposed project design and/or operational characteristics or unless the decision-making authority has specified that this time limitation shall not apply. This time limitation on re-submittal of applications is not applicable to other discretionary permits.
(4) Continuances and tabling. Any hearing may be continued, and no further public notice shall be required unless the hearing is not continued to a specific date/time, in which case the hearing shall be re-noticed.
(C) Findings. For discretionary permits, the decision-making authority shall adopt "required findings", as specified in § 9-1-114, in conjunction with approval or conditional approval of such a permit. A determination by the decision-making authority that one or more required findings cannot be made shall constitute grounds for denial of a discretionary permit.
(D) Withdrawal of application. A discretionary permit application may be withdrawn at the request of the applicant. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the subject property shall have the same status as if no application had been filed.
(E) Action in writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available at cost to any person requesting such a copy. (F) Effective date. The determination of the decision-making authority shall be effective 15 consecutive days after the date the decision is made or after all appeals, if any, have been acted on. However, when an application accompanies or relies on the approval of a coastal development permit or subdivision approval, the determination of such application shall not be effective until the coastal development permit or
subdivision approval is effective in compliance with the provisions of § 9-1-116 or the subdivision code, respectively.
(G) Plan revisions per condition of approval. When the decision-making authority approves an application for any discretionary permit in a manner that is different from that which was presented to it, it may require revised plans to be submitted as a condition of approval. No building or grading permits or certificates of use and occupancy authorized by a discretionary permit shall be issued until such revised plans are submitted to the community development department and found by the director to be consistent with the action of the decision-making authority. If such revision is not submitted within 60 days after the action's effective date or within a time otherwise specified by the decision-making authority, the permit approval shall thereafter be null and void. However, prior to the expiration of this period, the director may grant one extension of time of an additional 60 days if it is requested and justified by the applicant. (H) Tie votes. If there is a tie vote on a discretionary permit application by the decision-making authority, such vote shall constitute denial of the:
(1) Discretionary permit;
(2) Coastal development permit;
(3) Appeal of an action on a discretionary permit pur suant to § 9-1-112.2. That is, a tie vote allows the original decision to stand; and
(4) Proposed permit revocation pursuant to § 9-1-113.9. That is, a tie vote allows the permit to remain valid.
(I) Use of more restrictive standards. In conjunction with approval of a discretionary permit, the decision- making authority may impose more restrictive site development standards than set forth in this code in order to make the required findings for each type of permit as specified in this article. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 62, passed 8-3-21) § 9-1-113.4 Time limits on processing applications.
Discretionary permits shall be processed within the time limits specified in chapter 4.5 of the California planning and zoning law (California government code § 65920 et seq.). Time periods specified in § 9-1-112.2 regarding actions on appeals shall be in addition to the preceding California government code time limits. (Ord. § 99-107, § 5, passed 2-2-99)
§ 9-1-113.5 Permit establishment and expiration.
(A) Period of validity. The period of validity for a discretionary permit shall begin on the permit's effective date as set forth in § 9-1-113.3. The period of validity shall expire two years from the effective date, or for such longer period of time as determined by the decision-making authority, unless that permit or use is established pursuant to division (B) below.
(B) Establishment. A discretionary permit shall be deemed established if the following actions occur within two years of the permit's effective date or within such other time period designated by the permit approval. (1) In the case of a discretionary permit providing for construction, a building permit or grading permit has been issued for a component of the approved project, and actual construction has commenced, and at least one required inspections have commenced, either a building inspection for foundation, footing, or structural elements, or a grading inspection for qualifying earthwork, has been completed and approved. For purposes of this section, "actual construction" shall mean:
a. The placingplacement of construction materials in their permanent position, fastened in a permanent manner pursuant to an approved building permit; or, except that where a basement, subterranean room or garage, swimming pool, or spa is being excavated, such excavation shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. b. Substantive grading, defined as earthwork involving more than 5,000 cubic yards performed pursuant to an approved grading permit.
(2) In the case of a discretionary permit where no construction is involved, the use authorized by the permit has been established and a certificate of occupancy has been issued (if applicable). (C) Expiration. A discretionary permit shall expire and be of no further force or effect if:
(1) The permit is not established within two years of the permit's effective date or such other time period designated by the permit approval, by state law, or by this code; or (2) Following establishment of a discretionary permit providing for construction, actual construction is not continuously pursued through completion. For purposes of this subsection, construction shall be deemed to have ceased if construction activity is suspended or discontinued for a period of 180 days or more and the associated grading permit(s) and/or building permit(s) expire, are revoked, or are otherwise rendered inactive prior to completion of the project and final inspection approval. (3) AfterFollowing establishment of a discretionary permit where no construction is involved, the use or activity for which the permit was approved is discontinued or abandonedceases operation for a period of one year180 days or more.
(D) Time extensions.
(1) When a discretionary permit is due to expire, the director shall have the authority to extend the period of validity of the discretionary permit for up to two additional years. The property owner or authorized agent must request an extension in writing at least 30 days prior to the expiration date, must provide a deposit or fee as set forth by resolution of the city council, and must provide a letter of justification explaining how the following objectives can be mademet:
(a) All elements of the discretionar y permit continue to be consistent with the city's original findings of approval and there have been no code or other city policy changes that would substantially affect the applicationpermit approval; and
(b) All significant environmental effe cts of the project were analyzed at the time of discretionary permit approval. T and there are no new andor previously unknown or undisclosed negativesignificant environmental impacts that have been identified.
(2) The director shall approve or deny the extension based upon their the director’s concurrence with and verification of the above objectives. One subsequent extension may be requested to extend the period of validity of the discretionary permit for an additional two years (six years total from the original approval date), subject to the requirements above. Subsequent extensions shall require the filing of a new discretionary permit application. A decision by the director of may be appealed to the planning commission using the same procedure as that specified in § 9-1-112.2.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 63, passed 8-3-21) § 9-1-113.6 Review of multiphase projects.
(A) Purpose. Projects such as large shopping centers, business parks, etc. often incorporate development phases submitted subsequent to approval of the main project. This section sets forth procedures for review of such phased projects.
(B) Master site development permit.
(1) When a multiphase project is submitted, a master site development permit (SDP) case number shall be assigned.
(2) This master SDP will cover review of the following:
(a) Buildings, development details, and other improvements within the initial phase; and (b) Land uses, approximate pad locations and sizes , and related information for all subsequent development phases.
(C) Subsequent phases. If the master SDP is approved, applications for subsequent development phases shall be processed under separate site development permits (and other permits if required), or as otherwise provided for by the master SDP.
(D) Director's authority. The director may vary from the preceding procedures in individual cases if the director determines that public review of the project will be enhanced or that the public interest will otherwise be better served.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-113.7 Changed plans permit.
(A) Plan changes by applicant. Plans changed at the initiative of the applicant from those approved by the decision-making authority may be submitted to the director. (B) Procedures. If the director determines that the proposed plan change is minor, will not result in a significant change in the project approved by the decision-making authority, and complies with the spirit and intent of the original approving action, the director may approve the changed plan without further compliance with this section. If the director determines that the changed plan may result in a significant change in the project, an amendment to the approved discretionary permit is required per § 9-1-113.8. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 64, passed 8-3-21) § 9-1-113.8 Amendments to discretionary permits.
(A) Discretionary permit amendments. Amendments are required for proposed revisions to discretionary permit conditions of approval, project characteristics, or approved plans that are more substantial than the "changed plan" modifications provided for in § 9-1-113.7 preceding, new or additional land uses, or similar major changes.
(B) Procedures.
(1) A discretionary permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a discretionary permit was previously approved. Amendments shall be filed in compliance with the same filing procedures and payment of the same filing fee required for an original application. Amendments shall be processed in the same manner as an original application. (2) Exception, the director may approve a site development amendment administratively regardless of the original decision making authority if they determines that the proposed modifications would not otherwise require review and approval by the original approving body. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 65, passed 8-3-21)
§ 9-1-113.9 Permit revocation.
(A) Grounds for revocation. Any discretionary permit may be revoked by the decision-making authority or by the city council pursuant to the provisions of this section on any of the following grounds:
(1) Such approval was based on inaccu rate or misleading information; (2) One or more of the conditions upon which such appr oval was granted or extended have been violated; (3) A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity;
(4) The findings which were the ba sis for the original permit approval can no longer be made; (5) After establishment, there was a significant change in the operational characteristics of the use which was not provided for in the approved permit; and
(6) Other grounds as set forth elsewhere in this code such as but not limited to those for adult-oriented business regulatory permits (reference § 5-15-11 et seq.). (B) Procedure. Prior to any revocation action, the decision-making authority shall hold a public hearing noticed and held in accordance with § 9-1-112.1, except that the permittee shall be given not less than 15 days notice. The notice shall state the causes for which the revocation is to be considered. (C) Action by decision-making authority. Following the hearing, the decision-making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit.
(D) Amortization. If a revocation of any permit is ordered, the decision-making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision-making authority by any affected person.
(E) Appeal. Any action by the decision-making authority pursuant to this section may be appealed as set forth in § 9-1-112.2.
(F) New decision-making authority. If the decision-making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the decision-making authority as that term is used in this section. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-113.10 Withdrawal of inactive applications.
(A) Applicability. The community development director has the authority to deem the application withdrawn if the application is inactive for 180 days or more due to inactivity. Applications are inactive when requested materials, funds, or other information necessary to proceed with the processing of an application is not submitted.
(B) Withdrawal procedures.
(1) When an application is inactive for 90 days or more, a letter is sent via certified mail to inform applicants that they have 90 days to submit requested materials, funds, or other information necessary to proceed with the processing of an application.
(2) If requested materials or funds are not received within the 90 days (a total of 180 calendar days since an application begins to be inactive), then the community development director has the authority to deem
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the application withdrawn and refund unused deposit account funds in accordance with § 9-1-119, if applicable.
(Ord. 2021-210, § 66, passed 8-3-21)
§ 9-1-114 Discretionary permit procedures.
All references to this § 9-1-114 shall include §§ 9-1-114.1 through 9-1-114.10. This section provides specific procedures for the review of individual types of discretionary permits, such as site development permits, use permits, and others.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-114.1 Site development permits.
(A) Purpose. The purpose of a site development permit is to ensure that the development and design standards of this zoning code, including, but not limited to permitted uses, development standards, supplemental regulations and community design guidelines, are satisfied. The site development permit process provides a means of achieving this purpose through city review of detailed plans for proposed development projects. (B) Site development permit. For purposes of this code, site, architectural, landscaping and related development plans are included within the term "site development permit." (C) Applicability. A site development permit is required for all projects which involve the construction of or alteration to any structure or as otherwise required in the zoning code, except for the following:
(1) Construction of or alterations to single-family homes or associated accessory structures, unless a site development permit is required by another applicable discretionary permit or by a specific provision of this zoning code;
(2) Individual signs (requires sign permit per § 9-1- 114.10), other than sign programs or other sign approvals which require approval of a site development permit per subchapter 2, article 7; (3) Temporary uses (requires temporar y use permit per § 9-1-114.6); and (4) Where the director determines that another type of permit, (such as a use permit, minor adjustment, etc.) serves the same purpose.
(D) A site development permit shall also be required for alterations to buildings or non-building project improvements identified in § 9-1-92.1(c) per the community design guidelines of this code. (E) A site development permit shall also be required for qualifying grading and excavation operations per § 9-1- 114.8.
(F) Decision-making authority. The director shall determine, on a case-by-case basis, whether the public interest would be better served by review of the permit by the director or by the planning commission and whether a public hearing is required for review by the planning commission. (G) Design review. In addition to applicable zoning standards contained in this code, site development permits shall be reviewed under the community design guidelines contained in subchapter 2, article 9. (H) Precise development plan. Upon approval, a site development permit constitutes a precise development plan. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit.
(I) Alternate development standards.
(1) Development standards, such as for setbacks, height, parking, and signs, are contained in subchapter 2, articles 3 through 7. However, alternative standards may be proposed in conjunction with a site development permit application.
(2) No project with such alternative development standards shall be approved unless the decision-making body makes the following finding in addition to the standard findings for approval of a site development permit set forth in division (H) above:
"The use of the alternate development standards will result in a project design superior to that under the baseline development standards in this code, or will result in public benefit(s) which would not have been realized under the baseline standards."
(3) The burden of proof for the alternative standards shall be on the applicant to justify the preceding finding. If the decision-making body determines that the preceding finding cannot be made, it shall deny the site development permit.
(j) Required findings. All of the following findings shall be made by the decision-making authority in conjunction with the approval of a site development permit.
(1) Consistency with general plan. The project is consistent with the general plan. (2) Consistency with zoning code. The project is consistent with the provisions of this zoning code. (3) Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. (4) Consistency with design standards. The project is consistent with the goal and objectives of the community design standards as set forth in § 9-1-91.2.
(5) Surrounding uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
(K) Appeals. Appeals to decisions on site development permits shall be reviewed in accordance with § 9-1-112.2. (L) Establishment and time extensions. Per § 9-1-113.5, a site development permit shall expire if the development is not established within two years from the permit's effective date, or within such other time period as set by the decision-making authority. Time extensions may be granted pursuant to § 9-1-113.5. (M) Amendments. Amendments to site development permits shall be processed pursuant to § 9-1-113.8. (N) Staff review of construction plans. Prior to issuance of a building permit, the director shall determine that final construction plans substantially conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 67, passed 8-3-21) § 9-1-114.2 Use permits and minor use permits.
(A) Purpose. The purpose of a use permit or minor use permit is to provide for individual approval or denial of land uses requiring such a permit under this code. Such uses have potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. (B) Applicability. A use permit or a minor use permit is required for all land uses identified as requiring such a permit in this code.
(C) Decision-making authority. Use permits shall be reviewed by the planning commission in conjunction with a public hearing held per section 9-1-112.1. Minor use permits shall be processed administratively by the community development director per section 9-1-111 unless the director determines on a case-by-case basis that the public interest would be better served by a public hearing before the planning commission. The Director shall determine, on a case-by-case basis, whether the public interest would be better served by review of the permit by the Director or by the Planning Commission and whether a public hearing is required for review by the Planning Commission.
(D) Design review. If a use permit or minor use permit is combined with a site development permit, the community design guidelines of subchapter 2, article 9 shall apply. (E) Precise permit. The establishment and operation of any land use authorized under a use permit or minor use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications, and conditions of approval shown on and/or attached to the permit at all times.
(F) Required findings. All of the following findings shall be made by the decision-making authority in conjunction with the approval of a use permit or minor use permit:. (1) Consistency with general plan. The use is consistent with the general plan. (2) Consistency with zoning code. The use is consistent with the provisions of this zoning code. (3) Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. (4) Consistency with design standards. If development is provided for under the use permit, the project is consistent with the goal and objectives of the community design guidelines as set forth in subchapter 2, article 9.
(5) Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
(G) Appeals. Appeals to decisions on use permits shall be reviewed in accordance with § 9-1-112.2. (H) Establishment and time extensions. Per § 9-1-113.5, a use permit shall expire if the use is not established within two years from the permit's effective date, or within such other time period as set by the decision- making authority. Time extensions may be granted pursuant to § 9-1-113.5. (I) Amendments. Amendments to use permits shall be processed pursuant to § 9-1-113.8. (J) Staff review of construction plans. If development is provided for under the use permit or minor use permit, prior to issuance of a building permit the director shall determine that final construction plans substantially conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the use permit or minor use permit.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 68, passed 8-3-21) § 9-1-114.3 Variances.
(A) Purpose. The purpose of a variance permit is to provide for deviations from applicable standards of this zoning code such as the development standards set forth in subchapter 2, articles 3 and 4. (B) Applicability. A variance permit is required for any development which is not consistent with applicable development standards or other regulations of this code and which is not eligible for consideration as an exception or a minor adjustment.
(C) Decision-making authority. Variances shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to § 9-1-112.1.
(D) Design review. If a variance permit is combined with a site development permit, the community design guidelines of subchapter 2, article 9 shall apply.
(E) Conditions of approval. If a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. (F) Precise development plan. Upon approval, a variance permit constitutes a precise development plan.
Therefore, any development or other activity authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. (G) Required findings. All of the following findings shall be made by the decision-making authority in conjunction with the approval of a variance permit.
(1) Consistency with general plan. The project is consistent with the general plan. (2) Consistency with zoning code. Except for the specific deviation(s) from the code allowed by the variance, the project is consistent with the provisions of this zoning code. (3) Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. (4) Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
(5) Special circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding. (6) Preservation of property rights. The granting of the variance 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.
(7) No special privileges. The variance permit's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. (8) No use variance. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district.
(H) Appeals. Appeals to decisions on variance permits shall be reviewed in accordance with § 9-1-112.2. (I) Establishment and time extensions. Per § 9-1-113.5, a variance permit shall expire if not established within two years from the permit's effective date or within such other time period as set by the decision-making authority. Time extensions may be granted pursuant to § 9-1-113.5. (J) Amendments. Amendments to variance permits shall be processed pursuant to § 9-1-113.8. (K) Staff review of construction plans. If development is provided for under the variance permit, prior to issuance of a building permit the director shall determine that final construction plans conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the variance permit. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-114.4 Exceptions to hillside protection and other standards. (A) Purpose. The purpose of an exception permit is to provide for limited and specific deviations from the hillside protection standards of subarticle 8, the community design guidelines of subarticle 9, or the gate-guarded neighborhood design standards of section 9-1-35.25. Deviations resulting from exceptions are more limited and circumscribed than those resulting from variances, and have low potential for adverse impacts on the surrounding community.
(B) Applicability. Exceptions shall apply only to relief from the hillside protection standards, community design guidelines, or gate-guarded neighborhood design standards set forth in the applicable sections referenced preceding.
(C) Decision-making authority. Exceptions shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to section 9-1-112.1.
(D) Conditions of approval. If an exception is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. (E) Precise development plan. Upon approval, an exception permit constitutes a precise development plan.
Therefore, any development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. (F) Required findings. Findings required for approval of exceptions to gate-guarded neighborhood design standards, hillside protection standards, or community design guidelines shall be as specified in sections 9-1-
35.25(d), 9-1-81(d), and 9-1-94.5, respectively.
(G) Appeals. Appeals to decisions on exception permits shall be reviewed in accordance with section 9-1-112.2. (H) Establishment and time extensions. Per section 9-1-113.5, an exception permit shall expire if not established within two years from the permit's effective date, or within such other time period as set by the decision- making authority. Time extensions may be granted pursuant to section 9-1-113.5. (I) Amendments. Amendments to exception permits shall be processed pursuant to section 9-1-113.8. (J) Staff review of construction plans. Prior to issuance of a building permit, the director shall determine that final construction plans substantially conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the exception permit. (Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2021-210, § 69, 8-3-21) § 9-1-114.5 Minor adjustments.
(A) Purpose. The purpose of a minor adjustment permit is to provide for certain minor deviations from certain specific development standards set forth in this code. Minor adjustments have little or no potential for adverse impacts on the surrounding community and are reviewed administratively. (B) Applicability.
(1) A minor adjustment permit may be approved for the following deviations from standards:
(a) Up to 20% increase in maximum structure heights for nonresidential structures only; (b) Up to 20% increase in maximum sign size and height; (c) Up to 20% reduction in minimum setbacks in order to allow a setback encroachment already prevalent on other properties in the same zoning district and vicinity;
(d) Modification or enlargement to a nonconforming portion of a residential structure if the current construction valuation of the alterations does not exceed 50% of the current construction valuation of the entire structure (see § 9-1-124);
(e) Increases in maximum fence height (see § 9-1-35.2); (f) Encroachment of balconies, elevated decks, and exte rior stairways into front or rear setback, (see § 9- 1-33.3); and
(g) Other deviations as set forth in this zoning code or determined by the director to be consistent with the purpose of this section.
(2) Deviations not provided for in the preceding listing shall require consideration of a variance pursuant to § 9-1- 114.3.
(C) Decision-making authority. Minor adjustments shall be reviewed administratively by the director pursuant to § 9-1-111 unless referred to the planning commission by the director or combined with another application which requires discretionary review by the planning commission or city council pursuant to this article. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case-by-case basis that the public interest would be served by such notification. (D) Conditions of approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. (E) Precise development plan. Upon approval, a minor adjustment permit constitutes a precise development plan. Therefore, any development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. (F) Required findings. All of the following findings shall be made by the decision-making authority in conjunction with the approval of a minor adjustment permit.
(1) Consistency with general plan. The project is consistent with the general plan. (2) Consistency with zoning code. Except for any deviation(s) from the code allowed by the minor adjustment, the project is consistent with the provisions of this zoning code. (3) Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. (4) Better design. Approval of the minor adjustment will result in a project design which is equivalent to or better than a project without the adjustment.
(5) Surrounding uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
(G) Appeals. Appeals to decisions on minor adjustments shall be reviewed in accordance with § 9-1-112.2. (H) Establishment and time extensions. Per § 9-1-113.5, a minor adjustment permit shall expire if not established within two years from the permit's effective date, or within such other time period as set by the decision- making authority. Time extensions may be granted pursuant to § 9-1-113.5. (I) Amendments to minor adjustment permits. Amendments to minor adjustments shall be processed pursuant to § 9-1-113.8.
(J) Staff review of construction plans. Prior to issuance of a building permit, the director shall determine that final construction plans conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the minor adjustment.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-114.6 Temporary use permits.
(A) Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities identified in this code so as to ensure that adverse impacts on surrounding properties, residents, and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment of the use. (B) Applicability. A temporary use permit is required for temporary uses permitted in residential, nonresidential, and special purpose districts (under subchapter 2, articles 3, 4, and 5, respectively). In cases where it is not immediately apparent if a use is eligible for consideration as a temporary use, the director shall decide. (C) Decision-making authority. Temporary use permits shall be reviewed administratively by the director pursuant to § 9-1-111 unless referred to the planning commission by the director. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case-by-case basis that the public interest would be served by such notification.
(D) Conditions of approval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. (E) Precise development plan. Upon approval, a temporary use permit constitutes a precise development plan.
Therefore, any use or development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. (F) Required findings. All of the following findings shall be made by the decision-making authority in conjunction with the approval of a temporary use permit.
(1) Consistency with general plan. The use is consistent with the general plan. (2) Consistency with zoning code. The use is consistent with the provisions of this zoning code. (3) Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. (4) Surrounding uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
(5) Compliance with standards. The standards set forth in the applicable section of this code specifying regulations for the use have been satisfied. If no standards are specified, the director may establish such standards as conditions of approval for the particular temporary use proposed. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-114.7 Home occupation permits.
(A) Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in § 9-1-35.10. (B) Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to § 9-1-
35.10. In cases where it is not immediately apparent if a use is eligible for consideration as a home occupation, the director shall decide.
(C) Decision-making authority. Home Occupation permits shall be reviewed administratively by the director pursuant to § 9-1-111 unless referred to the planning commission by the director. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case-by-case basis that the public interest would be served by such notification.
(D) Conditions of approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. (E) Compliance with permit. Any use or activity authorized under a home occupation permit shall be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit.
(F) Required findings. Findings required for approval of a home occupation permit shall be deemed to have been made if the director determines that the standards set forth in § 9-1-35.10 for home occupations have been satisfied.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-114.8 Grading permits.
(A) Grading code. Grading and excavation operations are permitted in all districts in compliance with the regulations of the city's grading and excavation code.
(B) Site development permit. In addition to the requirements of the grading and excavation code, grading and excavation operations are subject to the approval of a site development permit per § 9-1-114.1, except for the following:
(1) When such operations involve the excavation or relocation of less than 5,000 cubic yards. The total number of cubic yards shall be the larger of cut, including any export, or fill, including any import; (2) Grading and excavation conducted in compliance with a building permit when limited to the area within the perimeter (footprint) of the structure, e.g., basement or foundation; (3) Emergency grading to correct damage resulting fr om recent acts of nature, as determined by the director; and
(4) Other exemptions as defined in § 8-1-805, Grading and excavation code, required permits. (C) Hillside Protection Ordinance. Grading and excavation operations shall conform to the provisions of the Hillside Protection Ordinance (HPO) in subchapter 2, article 8. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 70, passed 8-3-21) § 9-1-114.9 Certificates of use and occupancy.
(A) Terminology. For purposes of this zoning code, the term "certificate of occupancy" shall mean the same as "certificate of use and occupancy."
(B) Certificate required. The following uses and events require prior issuance of a certificate of occupancy therefor by the director:
(1) Any use or structure as required by the California Building Code;
(2) The use or occupation of a building or other structure previously posted as uninhabitable; and (3) A change in use of a parcel, structure, or tenant space. (4) A change in name or ownership of a business.
(C) Application to occupy building. Application for a certificate of occupancy for a new building or for an existing building which has been altered, moved, or previously posted as uninhabitable shall be made in compliance with the provisions of the adopted 2025 California Building Code and related codes Uniform Building code as adopted by the city council.
(D) Administration. No certificate of occupancy shall be issued until the director finds that the building or proposed use of the building or land complies with all applicable zoning regulations, the conditions and requirements of any applicable discretionary permit, the adopted 2025 California Building Code and related codes Uniform Building code, and all other applicable laws and regulations. A record of all certificates of occupancy shall be kept on file permanently in the community development department and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. (E) Filing fee. A filing fee to defray the cost of processing applications for a certificate of use and occupancy shall be paid in accordance with the fee schedule currently in effect as adopted by resolution of the City Council. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 71, passed 8-3-21) § 9-1-114.10 Signs.
Signs, either permanent or temporary, permitted under subchapter 2, article 7 may be erected if a sign permit is approved for the sign. The director may integrate required sign permits into the building permit application and process or into other applicable permit processes. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-115 Adult-oriented business permits.
Adult-oriented business regulatory permits shall be processed in accordance with § 5-15-11 et seq. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-116 Coastal development permits.
All references to this § 9-1-116 shall include §§ 9-1-116.1 through 9-1-116.5. This section sets forth procedures for discretionary review within the city's coastal zone pursuant to the city's certified local coastal programs (LCP's). The city's two LCP's, included as part of this zoning code by reference as appendixes B and C, are the South Laguna specific plan/LCP and the Aliso Creek planning unit LCP. These LCP's provide zoning, land use, and development standards for land within the coastal zone. In cases where an LCP is silent on a land use, development, or other zoning issue, the provisions of this code shall apply. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-116.1 Coastal zone definitions.
The following definitions shall apply to all areas within the coastal zone. In case of a conflict between the definitions contained in this section and those contained in subchapter 2, article 14, the definitions contained in this section shall prevail within the coastal zone.
Aggrieved person. Any person who, in person or through a representative, appeared at a public hearing regarding a coastal development permit; or who, prior to action on a coastal development permit, informed the city in writing of his concerns about an application for such permit; or who for good cause was unable to do either and objects to the action taken on such permit and wishes to appeal such action to a higher authority.
Appealable development. Any coastal development permit application that may be appealed to the California coastal commission, pursuant to the Coastal Act of 1976, as amended, being California Coastal Act (California Public Resources Code § 30000 et seq.)..
Certified local coastal program. A plan for the use of property within the coastal zone, together with the zoning ordinance, zoning district maps and other necessary implementing actions, which has been adopted by the city and certified by the California coastal commission pursuant to the California public resources code.
Coastal Act or California Coastal Act. The California Coastal Act of 1976, as amended, being California Public Resources Code § 30000 et seq.
Coastal bluff means:
(1) Any bluff where the toe of the slope is now or with in the past 200 years has been subject to marine erosion.
(2) Any bluff where the toe of the slope is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified in California public resources code §§ 30603(a)(1) or (a)(2).
Coastal commission. The California coastal commission established pursuant to the California Coastal Act (California public resources code § 30000 et seq.).
Coastal development permit. A permit issued by the city or the Coastal Commission which is an approval of a use subject to the provisions of this § 9-1-116 and the Coastal Act, being California Coastal Act (California Public Resources Code § 30000 et seq.).
Coastal zone. The area of land and water extending seaward to the state's outer limit of jurisdiction and within the city specified on a coastal zone map adopted by the state legislature as adjusted by the coastal commission pursuant to the requirements of the California Coastal Act, being California Coastal Act (California Public Resources Code § 30000 et seq.).
Decision-making authority. Any person, committee, commission or board authorized by the applicable zoning or specific plan regulations, or by the provisions of this section, to approve, conditionally approve or disapprove a coastal development permit application or project.
Development. On land, or in or under water, the placement or erection of any solid material or structure:
Discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, and kelp harvesting.
Development project. Any of the uses, activities or structures listed under the definition of "development" in this section when carried out, undertaken or established individually or independently of any other such use, activity or structure; or any group or combination of the listed uses, activities or structures which combine to form or are a component part of an integrated project.
Energy facility. Any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity, natural gas, petroleum, coal or other source of energy.
Estuary. All areas within the mean high tide line of any coastal water body subject to tidal action, usually semi-enclosed by land, having open, partially obstructed or intermittent exchange with the open sea and in which ocean water is at least occasionally diluted by freshwater runoff from the land.
First public road paralleling the sea.
(1) First public road paralleling the sea means the inland right-of-way line of that street or highway nearest to the sea which is generally parallel to the sea and which:
(a) Is lawfully open and suitable for uninterrupted use by the public; (b) Is maintained by a public agency;
(c) Is an improved all-weather road open to mo tor vehicle traffic in at least one direction; (d) Is not subject to any restrictions on use by th e public except during an emergency or for military purposes; and
(e) Connects with other public ro ads providing a continuous access system and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.
(2) Whenever no public road can be designated which conforms to all provisions of divisions (1)(a) through (1)(e) above, and a public road does exist which conforms to all provisions of divisions (1)(a) through (1)(d) of this definition, the effect of designating the first public road paralleling the sea shall be limited to the following:
(a) All parcels between the Pacific Ocean and such other public road; and (b) Those parcels immediately adjacent to the sea and inland of such other public road.
Inland extent of the beach. The rocky shoreline to the toe of the bluff, and all wet and dry sand area to the seaward vegetation line, to the toe of the bluff, or to a linear feature such as a seawall, a road or other permanent structures.
Local coastal program. See "Certified local coastal program." Major energy facility. Any energy facility exceeding $50,000.00, or such minimum as may be adopted by the state, in actual or estimated cost of construction.
Major public works project. Any public works project exceeding $50,000.00, or such other minimum as may be adopted by the state, in actual or estimated cost of construction.
Person. Any individual, organization, partnership or other business association or corporation, including any utility and any federal, state or local government or special district, or an agency thereof.
Principal permitted use. The permitted main use that is designated specifically in the zoning district or specific plan regulation district of each specific certified local coastal program segment.
Public trust lands. All lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation and other public purposes, including tidelands, submerged lands, beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time.
Public works means:
(1) All production, storage, transmission and recovery facilities for water, sewerage, telephone and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the public utilities commission, except for energy facilities;
(2) All public transportation faciliti es, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires and other related facilities;
(3) All publicly financ ed recreational facilities, all projects of the state coastal conservancy, and any development by a special district; and
(4) All community college facilities.
Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels.
Stream. A natural watercourse identified as a stream on a map adopted pursuant to a certified local coastal program, or as designated by a solid line or a ________... symbol on the USGS 7.5 minute quadrangle series map.
The bank of the stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where the stream has no discernible bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. Channelized streams not having significant habitat value should not be considered.
Structure. Includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
Submerged lands. Lands which lie below the line of mean low tide.
Tidelands. Lands which are located between the line of mean high tide and mean low tide.
Wetland. Lands within the coastal zone which may be covered periodically or permanently with shallow water, including saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mud flats and fens.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-116.2 Coastal zone boundaries and permit requirements. (A) Boundaries of coastal zone.
(1) The boundaries of the coastal zone are as shown on the official zoning map. The areas contained within the coastal zone include the South Laguna LCP and the Aliso Remainder LCP. (2) Where uncertainty exists as to the exact location of the coastal zone boundary, the following rules shall apply:
(a) When a portion of a building site lies or appears to lie partially within the coastal zone, the entire building site shall be considered to be within the coastal zone; and (b) When a portion of a street or highway lies partially within the coastal zone, the entire width of said street or highway portion shall be considered to be within the coastal zone. (B) Permit required. Except for exempted projects specified in § 9-1-116.3, no tentative tract or parcel map, building permit, grading permit, encroachment permit, or other development entitlement shall be issued for land within the coastal zone unless a coastal development permit or amended permit is first approved pursuant to this § 9-1-116.
(C) Combined applications. It is the intent of the coastal zone regulations to minimize the number of times a development project will be required to secure a coastal development permit. Whenever a proposed
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development project includes more than one development, as defined in § 9-1-116.1, it is intended that, where feasible, the developments be integrated into one development project and that the coastal development permit application be processed at the most appropriate stage of the project. Any such coastal development permit application shall include such information and details as necessary to permit an appropriate decision to be made for all stages or phases of the development project. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-116.3 Exemptions.
(A) Development projects listed in this section are exempt from the requirement for having an approved coastal development permit from the city. A current record of all categorically exempted developments shall be available for public and coastal commission review and shall include the following information for each: Name of applicant, location of the project, and a brief description of the project. (B) Exempt projects include the following:
(1) Development projects included in any categorical exclusion list adopted pursuant to the certified local coastal program and to California public resources code § 30610(e); (2) Improvements to an existing structure, except the following, which are not exempt:
(a) Improvements to any structure located on a beac h or wetland, or seaward of the mean high tide line, or where the dwelling or proposed improvement would encroach within 50 feet of the edge of a coastal bluff;
(b) Improvements on any structure located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of a beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance, or within significant scenic resources areas as designated by the certified local coastal program or the coastal commission when such improvements would constitute or result in any of the following:
1. An increase of 10% or more of the internal floor area of the existing structures on the building site;
2. An increase in the floor area in any am ount when the structure has previously been improved in compliance with these exemptions;
3. The construction of an additional story or a loft; and
4. The construction, placement or estab lishment of any detached structure. (c) Any significant alteration of land form, or re moval or placement of vegetation, on a beach, wetland or sand dune, within 100 feet (50 feet for single-family dwellings) of the edge of a coastal bluff, or in an area of natural vegetation designated by the coastal commission as significant natural habitat;
(d) Expansion or construction of a water well or septic system; (e) Improvements in an area which the coastal co mmission has determined to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, when such improvement would be a major water user not essential to residential use, including but not limited to swimming pools and landscape irrigation systems; (f) Any improvement when the coastal developmen t permit issued for the original structure indicated that future additions would require a coastal development permit;
(g) Improvements to any structure or change in occupancy which would result in an increase in the intensity of the uses on the building site;
(h) Improvements pursuant to a conversion of existin g structures from a multiple-unit rental use or visitor-serving commercial use to a condominium, stock cooperative or timeshare project; and (i) Public works facility.
(3) Maintenance dredging of existin g navigation channels or moving dredged material from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers;
(4) Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities; except the following, which are not exempt:
(a) Repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall or similar shoreline work which involves substantial alteration of the foundation, including pilings and other surface and subsurface structures;
(b) The placement, whether temporary or permanent, of riprap, or artificial berms of sand, or any other form of solid material, on a beach or in coastal waters, streams, wetlands or estuaries, or on shoreline protective works;
(c) The replacement of 20% or more of the materia ls of an existing structure with materials of a different kind;
(d) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within 20 feet of coastal waters or streams; (e) Any method of routine maintenance dredging that involves the dredging of 100,000 cubic yards or more within a 12-month period; or the placement of dredged spoils of any quantity on any sand area within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams; or the removal, sale or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the coastal commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use; and (f) Any repair or maintenance to facilities or struct ures or work located in any sand area within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of any coastal waters or streams, that includes:
1. The placement or removal, whether temporar y or permanent, of riprap, rocks, sand or other beach materials or any other forms of solid materials; and
2. The presence, whether temporary or pe rmanent, of mechanized equipment or construction materials.
(5) The installation, testing and placement in se rvice or the replacement of any necessary utility connection between an existing service facility and any development approved within the coastal zone; (6) The replacement of any structure, other than a pu blic works facility, destroyed by natural disaster, provided such replacement structure conforms to applicable current zoning regulations, is designed and intended for the same use as the destroyed structure, does not exceed the floor area, height or bulk of the destroyed structure by more than 10%; and is sited in the same location on the same building site as the destroyed structure;
(7) Development projects on tidelands, on submerged lands or on public trust lands, whether filled or unfilled, when such projects are permitted pursuant to a coastal development permit issued by the coastal commission;
(8) Projects normally requiring a coastal developm ent permit but which are undertaken by a public agency, public utility or person performing a public service as emergency measures to protect life and property from imminent danger or to restore, repair or maintain public works, utilities and services during and immediately following a natural disaster or serious accident; provided the director of community development and the executive director of the coastal commission are notified within three days after the disaster or discovery of the danger regarding the type and location of the emergency measures to be performed. This exemption does not apply to the erection, construction or placement of any structure with an estimated cost or market value in excess of $25,000.00 in a permanent location; and
(9) Ongoing routine repair and maintenance activities of local governments, state agencies and public utilities such as railroads, involving shoreline works protecting transportation roadways, as specified in Orange County resolution No. 82-1917, adopted on 12/22/82. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-116.4 Coastal development permit procedures.
(A) General procedures. Each coastal development permit application shall be processed in compliance with the requirements for use permits per § 9-1-114.2, unless otherwise stated in this section. The decision-making authority for coastal development permits shall be the planning commission. (B) Application requirements. Each application for a coastal development permit shall be filed in the form and number prescribed by the director and shall be accompanied by:
(1) Payment of a fee set by reso lution of the city council; (2) A location map showing the area to be developed in relation to nearby lots, streets, highways and major natural features such as the ocean, beaches, wetlands and other major landforms; (3) A plan, drawn to scale, in sufficient detail to indicate compliance with the certified local coastal program; and
(4) Any additional information determined by the direct or to be necessary for evaluation of the proposed development.
(C) Referral of application.
(1) It shall be the duty of the director to:
(a) Forward applications for comment to other reviewin g officials and/or agencies as may be required by local coastal program policies; and
(b) Forward each application for a coastal development permit, together with his recommendation thereon, to the decision-making authority for its action. (2) Any person may submit written comments on an application for a coastal development permit, or on a coastal development permit appeal, at any time prior to the close of the applicable public hearing. Written comments shall be submitted to the director, who shall forward them to the decision-making authority or to the board of appeals.
(D) Public notice.
(1) Required. A notice shall be mailed or delivered by the director at least ten calendar days before the public hearing on coastal development permit applications to the following persons and agencies:
(a) The applicant;
(b) All persons owning property within 300 feet fr om the exterior boundaries of the premises to which the application pertains;
(c) All persons residing on a building site within 100 feet from the exterior boundaries of the premises to which the application pertains;
(d) The coastal commission;
(e) Any board or committee as provided in the certified local coastal program; (f) Public agencies which, in the judgment of the director, may have an interest in the project; and (g) All persons who have submitted a written request for public notice of all coastal development permit applications or who have submitted a written request for public notice for any development of the subject property, and who have submitted self-addressed, stamped envelopes.
(2) Contents. Contents of the notice shall be as follows:
(a) A statement that the development is within the coastal zone; (b) The date of filing of the applicat ion and the name of the applicant; (c) The number assigned to the application;
(d) A brief description of the develo pment and its proposed location; (e) The date, time and place at which the applic ation will be heard by the local decision-making authority;
(f) A brief description of the general procedure of the conduct of the hearing and possible actions; (g) The system for city and Coastal Commission appeals; and (h) The fee for filing appeals.
(3) Notice of continued public hearing. If a hearing on a coastal development permit is continued to a time which has not been stated in the initial notice or stated at the public hearing, notice of the continued hearing shall be provided in the same manner and within the same time limits as required in divisions (B)(1) and (B)(2) above.
(E) Findings. A coastal development permit application may be approved only after the decision-making authority has made the findings required in § 9-1-114.2 and the following findings. (1) Compliance with local coastal program. The finding shall be made that the development project proposed by the application conforms with the certified local coastal program. (2) Variances to comply with land use plan. In addition to the findings required for a variance by § 9-1- 114.3, the following finding shall also be made: "Approval of the application will result in no modification to the requirements of the certified land use plan." (F) Notice of decision. On or before the seventh calendar day following the date of decision, notice of the decision, including findings for approval and conditions, if any, and the procedures for appeal of the decision, shall be mailed to the following persons:
(1) The applicant;
(2) All persons who have submitted a written request for notification of action on this specific permit and who have submitted self-addressed, stamped envelopes;
(3) The coastal commission; and
(4) Any board or committee as provided by the certified local coastal program.
(G) Appeals. A decision regarding any coastal development permit application may be appealed in compliance with the provisions of § 9-1-112.2 subject to the following modifications and additional provisions. (1) Appealable decisions. A decision by the city council regarding an application for a coastal development permit for an appealable development may be appealed to the coastal commission in compliance with the coastal commission appeal procedures.
(2) Notice of final appeal action. Within seven calendar days following the date of decision on an appeal, the director or the city Clerk, as appropriate, shall forward by first class mail a copy of the written decision to the appellant, the applicant, any board or committee as provided in the certified local coastal program and the coastal commission, and shall make such decision available at cost to any other person desiring a copy of such decision.
(3) Appeal procedures.
(a) An appeal of a decision by the city council may be filed by the applicant, by an aggrieved person, or by any two members of the coastal commission.
(b) An appeal of a decision by the ci ty council shall be filed within 21 calendar days from the date of the council's decision.
(c) Any appealable development may be appeal ed directly to the coastal commission without exhausting the appeal procedures specified by this section and § 9-1-112.2, provided such appeal complies with the adopted regulations of the coastal commission. (4) Appealable developments. A decision by the city council regarding a coastal development permit application for any of the following projects may be appealed to the coastal commission:
(a) Development projects approved by the city lo cated within any appealable area, as follows:
1. All area between the sea and the first public road paralleling the sea, or within 300 feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach, whichever is the greater distance; and
2. All area within 100 feet of any wetland, es tuary or stream, and all area within 300 feet, both seaward and landward, of the top of the seaward face of any coastal bluff. (b) Any development project approved by the city that is not designated as the principal permitted use as defined in the zoning code or official zoning map. (c) Any development project which constitutes a major public works project or a major energy facility.
(H) Effective date of decision. The city's final decision on an application for an appealable development shall become effective after the ten-working-day appeal period to the coastal commission has expired or after the 21st calendar day following the final local action, unless any of the following occur:
(1) An appeal is filed pursua nt to division (G) above; (2) The notice of final city action does not m eet the requirements of division (F) above; or (3) The notice of final city acti on is not received in the Coastal Commission office and distributed to interested parties in time to allow for the ten-working-day appeal period within the 21 days after the local decision.
(I) Final determination. The city's decision on an application shall be deemed final when the decision on the application has been made and all required findings have been made in compliance with division (E) above, including specific factual findings supporting the conclusions that the proposed development is or is not in conformity with the certified local coastal program, and, where applicable, with the public access and recreation
policies of chapter 3 of the Coastal Act, being California Coastal Act (California Public Resources Code § 30200 et seq.), and when all legal rights of appeal have been exhausted as defined in division (G) above. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-116.5 Enforcement provisions.
The purpose of this section is to provide regulations and procedures which will ensure compliance with the California Coastal Act, being California Coastal Act (California Public Resources Code 30000 et seq.), and with the requirements of all certified local coastal programs and the provisions of this district. (A) Violations. Notwithstanding the provisions of subchapter 2, article 13, the following provisions are applicable within the coastal zone: A violation of a certified local coastal program may be prosecuted by the city in the name of the people of the state, or may be redressed by civil action. Any person who violates any provision of the local coastal program shall be subject to a civil fine of not to exceed $10,000.00. In addition to any other penalties, any person who intentionally and knowingly performs any development in violation of the local coastal program shall be subject to a civil fine of not less than $50.00 and not more than $5,000.00 per day for each day in which such violation occurs. (B) Revocation of permit.
(1) Failure of any person to abide by and faithfully comply with any and all conditions that may be attached to the approval of a permit issued pursuant to the provisions pertaining to this district shall constitute grounds for the revocation of the permit by the city council. (2) The failure of any coastal development permit application to be processed in compliance with the requirements and procedures pertaining to this district shall constitute grounds for revocation by the city council for any permit approved resultant to such noncompliance. (C) Judicial review. Any violation of this section within the coastal development district shall also constitute a violation of California public resources code § 30000 et seq., and shall be subject to the remedies, fines and penalties provided in California public resources code § 30800 et seq. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-117 Other discretionary actions.
(A) Applicability. All references to this § 9-1-117 shall include §§ 9-1-117.1 through 9-1-117.6. The provisions of this section shall apply to the processing of applications for discretionary actions other than discretionary permits. These applications include: Zone changes and prezoning, zoning code text amendments, general plan amendments, specific plans, subdivisions, and development agreements. (B) Continuances and tabling. Discretionary applications described in this section may be continued or tabled, provided such actions are in compliance with requirements of state law regarding processing time limits:
(1) Continuance. Review of discretionary applications may be continued from time to time to a specified date. If a public hearing is required for the application, further testimony may be heard and further evidence may be presented at the specified date without the holding of a new public hearing. (2) Tabling. Discretionary applications may be tabled without setting a specified date for further review. A tabled application may later be rescheduled for the purpose of further review and action. If a public hearing is required for the application, further testimony may be heard and further evidence may be presented regarding such an application only if a new public hearing is held in compliance with § 9-1- 112.1.
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(C) Tie votes. If there is a tie vote by the decision-making authority, such vote shall constitute denial of the discretionary application.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-117.1 General plan amendments.
(A) Purpose. Adoption of or amendment to the city's general plan, including changes to the text or any map or diagram in the general plan, are discretionary actions of the city council. (B) Applicable state law. It is intended that the provisions of this section shall be fully consistent and in full compliance with the California Government Code § 65350 et seq. and that such provisions shall be so construed.
(C) Who may apply:
(1) The owner of property in the city or the owner's agent (with notarized authorization from the owner) may apply for a general plan amendment on said owner's property; (2) The city council, by majority vo te, may initiate consideration of a new general plan or a general plan amendment;
(3) The planning commission, by majority vote, may in itiate consideration of a general plan amendment; and
(4) The community development director may initiate consideration of a general plan amendment. (D) Referral of proposed amendments. A proposed new general plan or general plan amendment shall be referred to the persons and agencies specified in the California Government Code § 65352. (E) Frequency of general plan amendments.
(1) General plan elements specified as mandatory in the state government code shall be amended no more than four times during each calendar year. Each such amendment may include more than one change to the general plan.
(2) The limitation on frequency of am endments to the general plan set forth in division (E)(1) above does not apply to residential development projects with at least 25% of the dwelling units to be occupied by persons or families of low or moderate income.
(F) Review procedures.
(1) A new general plan or a general plan amendment sh all be approved, approved with modifications, or denied by resolution of the city council after receipt of testimony at a public hearing held pursuant to § 9-1-112.1. Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the council.
(2) Prior to city council review, the planning commission shall hold a public hearing, review the proposal, and forward a recommendation to the council.
(3) If the council contemplates a modification to the proposal not previously considered by the planning commission, the proposed modification shall be referred to the commission for report back to council.
A public hearing shall not be required for such commission review. (G) Required findings. The following finding shall be made by the city council in conjunction with the approval of a general plan amendment.
(1) The amendment is internally con sistent with the goals, objectives, and policies of the general plan which are not being amended.
(2) The proposed amendment will not adversely affect the public health, safety, and general welfare. (H) Hearings and appeals. Public hearings shall be noticed and held in accordance with § 9-1-112.1. Appeals shall be reviewed in accordance with § 9-1-112.2.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 72, passed 8-3-21) § 9-1-117.2 Specific plans.
(A) Purpose. A specific plan is a detailed plan covering a selected area of the city for the purpose of implementation of the general plan. When deemed by the city council to be necessary for the orderly implementation of the city's general plan and in the public interest, the city council may adopt a specific plan by ordinance. Preparation and processing of specific plans shall be in compliance with the provisions of the California government code and this section.
(B) Applicable state law. It is intended that the provisions of this section shall be fully consistent and in full compliance with the California Government Code § 65450 et seq. and that such provisions shall be so construed.
(C) Relationship to other regulations. An adopted specific plan may either supplement or supersede land use regulations applicable to the subject property, including all previously adopted ordinances, standards and guidelines, and shall contain such standards deemed to be necessary for the orderly and systematic implementation of the general plan.
(D) Who may apply. A specific plan or specific plan amendment application may be initiated by the city council, or in the case of amendment to an existing specific plan, by a property owner within the specific plan boundaries or the owner's authorized agent (with notarized authorization from the owner). In addition, the planning commission, by majority vote, may recommend that the city council initiate a specific plan or specific plan amendment application.
(E) Review procedures. Specific plans shall be prepared, adopted, and amended in the same manner as the general plan, except that a specific plan shall be adopted by ordinance. (F) Required findings. The following finding shall be made by the city council in conjunction with the approval of a specific plan or specific plan amendment.
(1) The plan or amendment is consist ent with the goals, objectives, and policies of the general plan. (2) The proposed amendment will not adversely affect the public health, safety, and general welfare. (G) Hearings and appeals. Public hearings shall be noticed and held in accordance with § 9-1-112.1. Appeals shall be reviewed in accordance with § 9-1-112.2.
(H) Designation on zoning map. Upon adoption of a specific plan, the director shall cause the subject property to be shown on the official zoning map not with individual zoning districts but with the letters "SP" followed by the name of the adopted specific plan. Thereafter, all land use, development, and improvements shall conform to the provisions of the adopted specific plan. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 73, passed 8-3-21) § 9-1-117.3 Zone changes and prezoning.
(A) Purpose. A zone change is a discretionary action by the city council to change the zone designation of a property or properties on the official zoning map. A prezoning is the zoning of property outside the city's boundaries in anticipation of annexation into the city. For purposes of this code, "prezoning" is included within the term "zone change."
(B) Applicable state law. It is intended that the provisions of this section shall be fully consistent and in full compliance with the California Government Code § 65853 et seq. and that such provisions shall be so construed.
(C) Who may apply:
(1) Any owner of property in the city or the owner' s agent (with notarized authorization from the owner) may apply for a zone change on said owner's property;
(2) The city council, by majority vote, may initiate consideration of a zone change; (3) The planning commission, by majority vote, may initiate consideration of a zone change; and (4) The community development director may in itiate consideration of a zone change. (D) Review procedures.
(1) Zone changes shall be approved, approved with mo difications, or denied by ordinance of the city council after receipt of testimony at a public hearing held pursuant to § 9-1-112.1. (2) Prior to city council review, the planning commission shall hold a public hearing, review the application, and forward a recommendation to the council.
(3) If the council contemplates a modification to the application not previously considered by the planning commission, the proposed modification shall be referred to the planning commission for report back to council. A public hearing shall not be required for such planning commission review. (E) Required finding. The following finding shall be made by the city council in conjunction with the approval of a zone change.
(1) The zone change is consistent with the goals, objectives, and policies of the general plan. (2) The proposed amendment will not adversely affect the public health, safety, and general welfare. (F) Hearings and appeals. Public hearings shall be noticed and held in accordance with § 9-1-112.1. Appeals shall be reviewed in accordance with § 9-1-112.2.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 74, passed 8-3-21) § 9-1-117.4 Zoning code amendments.
(A) Purpose. A zoning code amendment is a discretionary action by the city council to change the text and/or graphics within this zoning code.
(B) Applicable state law. It is intended that the provisions of this section shall be fully consistent and in full compliance with the California Government Code § 65853 et seq. and that such provisions shall be so construed.
(C) Who may apply. Who may apply:
(1) Any resident of or owner of property in the city or the owner's agent (with notarized authorization from the owner) may request that the city council initiate consideration of a code amendment; (2) The city council, by majority vote, may in itiate consideration of a code amendment; (3) The planning commission, by majority vote, may re commend that the city council initiate consideration of a code amendment; and
(4) The community development director may recommend that the city council initiate consideration of a code amendment.
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(D) Review procedures and findings. code amendments shall be reviewed under the same procedures and required findings as zone changes, per § 9-1-117.3.
(E) Hearings and appeals. Public hearings shall be noticed and held in accordance with § 9-1-112.1. Appeals shall be reviewed in accordance with § 9-1-112.2.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-117.5 Subdivisions.
Tract maps, parcel maps and related subdivision applications shall be processed in accordance with the city's subdivision code (Subchapter 3 of this chapter) and manual. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-117.6 Development agreements.
Development agreements shall be prepared, reviewed, adopted, and maintained in accordance with the California Government Code § 65864.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-118 Environmental review.
(A) Definition. For the purpose of this section, "Environmental review" means all actions and procedures required of the city and of applicants by the California Environmental Quality Act California Public Resources Code § 21000 et seq., the CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq. and the City's environmental review procedures.
(B) Procedures. All discretionary applications shall be evaluated in compliance with CEQA the CEQA guidelines, and the city's environmental review procedures to determine the proposal's potential impacts. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 75, passed 8-3-21) § 9-1-119 Fees.
(A) Filing fees. A filing fee, or filing fee deposit, to defray the cost of processing and notification for each application for a discretionary permit or other discretionary action shall be paid by applicant, the property owner, or the owner's authorized agent at the time the application is accepted. Such fees shall be pursuant to the fee schedule currently in effect as adopted by resolution of the city council. (B) Combined projects. When different types of permits are combined per § 9-1-110, the applicable fee shall be deposited in accordance with the current fee schedule.
(C) Appeal fees. In order to defray the cost of processing and notification, a filing fee for each appeal shall be paid by the appellant at the time the appeal application is accepted, and a fee deposit shall be submitted by the project proponent. Such fees shall be pursuant to the current fee schedule. (D) Waiver of fees. Filing fees may be waived upon a finding of good cause by the city council or by the director. (E) Refund of fees. The city council may refund a filing fee in whole upon a determination that the application was erroneously required or filed. A pro rata fee, based on the cost of processing the application, may be refunded if the application is withdrawn prior to a decision thereon.
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(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 76, passed 8-3-21) ARTICLE 12. NONCONFORMING USES, LOTS AND STRUCTURES
§ 9-1-120. Purpose.
The purpose of this article is to promote the public health, safety, and welfare by regulating land uses, lots, and structures which were lawfully established but which do not conform to the provisions of this zoning code.
This article is further intended to regulate the expansion of nonconforming uses and structures and to establish criteria under which the nonconforming uses and structures may be continued. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-121 Definitions.
For the purposes of this article and this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Intensity. The level of development or activity associated with a land use, as measured by one or more of the following:
(1) The amount of parking required for the use per subchapter 2, article 6; (2) The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics; (3) The floor area occupied by the use; and
(4) The percentage of the building site occupied by the use or by the structure containing the use.
Nonconformity. A land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this zoning code. The term nonconformity does not include uses, lots, or structures which were not lawful when established or constructed.
Nonconforming lot. A lot or parcel which was lawful and in conformance with applicable zoning regulations when established but which, due to subsequent ordinance changes, does not conform to the current lot standards applicable to the zoning district in which it is located.
Nonconforming structure. A structure which was lawful and in conformance with applicable zoning regulations when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located.
Nonconforming use. A land use which was lawful and in conformance with applicable zoning regulations when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved.
Nonconformity. A land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this zoning code. The term nonconformity does not include uses, lots, or structures which were not lawful when established or constructed.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-122 Continuation of nonconforming uses.
(A) Applicability. Nonconforming uses may be continued subject to the restrictions of this section. (B) Discontinued nonconforming uses. If thea nonconforming use is discontinued or ceases operation for a period of one year180 days or more, itthe nonconforming use shall not thereafter be reestablished. and aAny newsubsequent use of the premises shall conform to the applicable district regulations of this code. (C) Intensification of nonconforming uses. A nonconforming use may be increased in intensity provided the intensification of the use is consistent with the development standards of the applicable zoning district and if a site development permit is approved. If a nonconforming use also contains a nonconforming structure, alterations to that structure are regulated by § 9-1-124. (D) Alteration of structures containing nonconforming uses. A structure containing a nonconforming use shall not be altered except in accordance with the provisions of § 9-1-124. (E) Restoration of nonconforming uses. Restoration of nonconforming uses occupying structures which are damaged, destroyed or demolished shall be regulated by § 9-1-125. (F) Change in ownership. Changes in ownership, tenancy, proprietorship, or management of a nonconforming use shall not affect its nonconforming status provided that the use or the intensity of use does not change. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-123 Continuation of nonconforming lots.
Legally established nonconforming lots may be developed and used in accordance with this code provided all code requirements other than those relating to the lot's conformity are met. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-124 Continuation of nonconforming structures.
(A) Applicability. Nonconforming structures may be continued and maintained subject to the restrictions of this section.
(B) Maintenance and repairs. Ordinary maintenance and repairs may be made to all nonconforming structures, such as painting, patching, window repair, re-roofing, re-siding, re-plastering, and replacement of incidental nonstructural elements.
(C) Restoration of nonconforming structures. Restoration of nonconforming structures which are damaged, destroyed or demolished shall be regulated by § 9-1-125. (D) Alterations to nonconforming portions of structures. Interior or exterior structural alterations shall not be made to the nonconforming portion of a structure unless the following requirements are met and discretionary approvals granted:
(1) Requirements. The structure may be modified or enlarged horizontally equal to the limits of the existing nonconformity, provided such increase does not result in an increase in height of any nonconformity nor an increase in any existing setback encroachment. (For example, if a portion of a building encroaches two feet into a required setback, that portion may be expanded provided it does
not result in an encroachment greater than the existing two feet nor an increase in the height of the nonconforming portion.)
(2) Discretionary approvals. Discretionary approval shall be required for alterations to the nonconforming portions of structures as follows:
(a) Small residential alterations. Approval of a minor adjustment is required for alteration or enlargement of the nonconforming portion of residential structures when the current construction valuation of the alterations is less than 50% of the current construction valuation of the entire structure.
(b) Nonresidential and large residential alterations. Approval of a site development permit by the planning commission is required for alteration or enlargement of the nonconforming portion of:
1. Any nonresidential structure; and
2. Any residential structure when the current construction valuation of the alterations is 50% or more of the current construction valuation of the entire structure. (c) Required findings. In addition to the standard required findings, the following findings shall be made by the decision-making authority in conjunction with the discretionary approvals described in divisions (D)(2)(a) and (D)(2)(b) above:
1. Enlargement of the noncon forming condition will provide for reasonable use of the property and preserve a substantial property right.
2. Enlargement of the nonconforming condi tion is consistent with the buildings and architecture of the surrounding neighborhood.
3. The enlargement is necessary to provide cont inuity of usable space in the structure.
4. The enlargement is physically attached to or architecturally compatible with the existing nonconformity.
(E) Alterations to conforming portions of structures. Except for a residential garage, the conforming portion of a structure that contains a nonconformity may be modified or added to if such alteration is consistent with applicable development standards and does not increase the degree of the existing nonconformity nor create a new nonconformity, except as allowed in division (D) above. (F) Residential garages. Residential garages may be modified or enlarged, for garage purposes only, to the extent equal to the limits of an existing nonconformity, consistent with the provisions of this section. (G) When variance required. Any structural alteration which increases the extent of a nonconformity, other than provided for in this section, and any structural alteration which creates a new nonconformity shall require approval of a variance in accordance with § 9-1-114.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-125 Destruction and restoration.
(A) Safety of structures. Nothing in this section shall be construed to prevent the strengthening or restoration to a safe condition of any structure declared to be unsafe by an officer of the city charged with protecting the public safety upon order of such officer.
(B) Damage to nonconforming structures. The following provisions shall govern the restoration of nonconforming structures damaged or destroyed by fire, explosion, flood, earthquake, landslide, or similar causes other than voluntary demolition by the owner.
(1) A nonconforming structure which is damaged or destroyed to less than 50% of the current construction valuation of the entire structure may be restored to the limits of the pre-existing nonconformity without discretionary approval.
(2) A nonconforming structure which is damaged or destroyed to 50% or more of the current construction valuation of the entire structure shall conform to applicable development standards, except that such structures may be restored to the limits of the pre-existing nonconformity if a minor site development permit is approved with the following findings in addition to the findings required for approval of all site development permits per § 9-1-114:
(a) Replacement of the nonconforming structure is necessary to maintain reasonable use of the property and preserve a substantial property right.
(b) Replacement of the nonconfo rming condition is necessary to preserve consistency among the buildings and architecture of the surrounding neighborhood. (C) Voluntary demolition of nonconforming structures. The following provisions shall govern the restoration of nonconforming structures voluntarily demolished by the owner. (1) A nonconforming structure which is demolished to le ss than 50% of the current construction valuation of the entire structure may be restored to the limits of the pre-existing nonconformity if a minor site development permit is approved per § 9-1-114.
(2) A nonconforming structure which is demolished to 50 % or more of the current construction valuation of the entire structure shall conform to applicable development standards, except that such structures may be restored to the limits of the pre-existing nonconformity if the planning commission approves a site development permit with the following findings in addition to the findings required for approval of all site development permits per § 9-1-114:
(a) Replacement of the nonconforming structure is necessary to maintain reasonable use of the property and preserve a substantial property right.
(b) Replacement of the nonconfo rming condition is necessary to preserve consistency among the buildings and architecture of the surrounding neighborhood. (D) Damage to structures containing nonconforming uses. A nonconforming use occupying a structure which is damaged or destroyed by fire, explosion, flood, earthquake, landslide, or similar causes other than voluntary demolition by the owner may be reestablished provided:
(1) Restoration of the structure is consisten t with the provisions of § 9-1-124; and (2) Application for a building permit is submitted wi thin one year of the damage or destruction and construction is commenced and completed according to the city's building and safety codes and regulations.
(E) Voluntary demolition of structures containing nonconforming uses. If a structure containing a nonconforming use is voluntarily demolished by the owner of the structure, the nonconforming use shall not be restored unless a site development permit is approved. In addition to the standard required findings, the following findings shall be made by the decision-making authority in conjunction with the approval of such a site development permit.
(1) The nonconforming use is compatible with nearby land uses in the vicinity. (2) The restored use and structure w ill substantially improve the physical appearance of the area in which they are located.
(Ord. 99-107, § 5, passed 2-2-99)
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§ 9-1-126 Plans previously approved.
Uses, lots, or structures approved prior to the effective date of this zoning code which are nonconforming under this code shall be processed in accordance with § 9-1-12. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-127 Illegal uses and structures.
Nothing in this article shall be construed so as to allow for the continuation of illegal land uses or structures, i.e. uses or structures which did not comply with the zoning ordinance(s) in effect when they were established.
Such illegal uses or structures shall be subject to the enforcement provisions of subchapter 2, article 13 and shall be removed immediately.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-128 Nonconforming signs.
The abatement, continuation, and restoration of nonconforming signs shall be regulated by subchapter 2, article 7.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-129 Reserved.
ARTICLE 13. CODE ENFORCEMENT
§ 9-1-130 Purpose.
This article shall be known as the Zoning Code enforcement provisions. The purpose of these provisions is to ensure compliance with this Zoning Code. They shall apply to the enforcement of this Zoning Code but shall not be deemed to exclude other remedial measures.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-131 Enforcement responsibilities.
(A) Community development director. It shall be the duty of the Community Development director, or the director's designated agent, to enforce the provisions of this zoning code pertaining to the use of land and the erection, construction, reconstruction, moving, conversion or alteration of or addition to any building or structure. The Community Development Director shall designate the appropriate personnel to enforce the provisions of this Zoning Code.
(b) Health officer. It shall be the duty of the health officer, or the officer's designated agent, to enforce the provisions of this zoning code pertaining to the use and maintenance of property, structures and buildings so far as matters of health are concerned.
(Bc) Other city officers. All other officials, employees, agencies and departments of the city vested with the authority to issue permits, certificates or licenses shall comply with this zoning code and shall issue no
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permits, certificates or licenses in conflict with this zoning code. The issuing of a permit which is in conflict with applicable provisions of this zoning code shall not constitute a waiver of such provisions. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-132 Inspection to ensure compliance.
(A) Whenever the director suspects a violation of any provision of this zoning code, determines it necessary to investigate either an application for granting, extension or modification, or an action to suspend or revoke a discretionary permit, or determines it necessary to investigate an application for a discretionary permit or other approval, the director or the director's designated agents may, for the purpose of investigation:
(1) Enter onto any land in accordance with the California Government Code § 65105; provided that such entry does not interfere with the use of the land by those persons lawfully entitled to the possession thereof; or
(2) Enter any building or structure after permission from the owner or occupant, provided the entry is in a lawful manner. If the owner or occupant refuses to grant such permission, the director may obtain a search warrant for entrance onto the premises.
(B) Notwithstanding the provisions of § 9-1-132 of this Chapter, entry onto any real property to inspect a violation of any provision of this zoning code, except in cases involving an imminent hazard, shall be pursuant to a warrant or other order issued by a court of competent jurisdiction. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-133 Abatement of violations.Violation enforcement and remedies.
The city has sole discretion in the use of any one or more of the following code enforcement remedies. These methods are not intended to be mutually exclusive and do not prevent the use of concurrent or consecutive methods to achieve compliance with this Zoning Code. Each day, or part thereof, that a violation of this Zoning Code continues constitutes a separate offense and is subject to the penalties set forth under this code.
(A) Violations to constitute misdemeanor.
All violations of this zoning code committed by any person, whether as agent, employee, officer, principal or otherwise, shall be a misdemeanor.
(1) Notwithstanding any other provision of this code to the contrary, any person who violates any provision of the zoning code, or who fails to comply with any obligation or requirement of the zoning code, is guilty of a misdemeanor offense punishable in accordance with state law. A criminal prosecution and/or civil litigation may be initiated.
(2) Nothing in this chapter shall prevent the City Attorney from prosecuting a violation of the zoning code as an infraction, at their discretion, as set forth in this code. Nothing in this chapter shall prevent the City Attorney from bringing a civil action, at their discretion, for violations of the provisions of the zoning code, as set forth in this code. Nothing in this chapter shall prevent any City Enforcement Officer from issuing administrative citations for violation of the provisions of the zoning code, as set forth in this code. (b) Prohibited actions. Every person who knowingly provides false information on any type of zoning code related application or map filed with the community development department shall be guilty of a misdemeanor. Every person who fails to stop work when so ordered by the community development director because of an apparent violation of this zoning code shall be guilty of a misdemeanor. Every person
who, having received notice to appear in court to answer a related charge, willfully fails to appear, shall be guilty of a misdemeanor.
(c) Penalties. A misdemeanor may be prosecuted by the city in the name of the people of the state or may be redressed by civil action. Each violation is punishable by a fine or imprisonment as provided by state law. (B) Public nuisance and property lien.
(1) Any use or condition caused, allowed, or permitted to exist, in violation of any provision of this Zoning Code shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the city pursuant to Title 11, Chapter 14 (Nuisances) of the Laguna Niguel Municipal Code or any other remedy available by law. In accordance with this chapter, the city may also collect any fee, cost or charge incurred in the abatement of such nuisance by making the amount of any unpaid fee, cost or charge a lien against the property that is the subject of the enforcement activity. (2) Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly. (C) Threats to health or safety. The abatement of threats to public health or safety other than public nuisances may also be made at the expense of the owner of the property on which the nuisance is located. If the city abates the threat, the costs of such abatement shall be charged to the owner of the premises involved. The Director may apply to the City Council to cause costs for such work to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments. (d) Each violation a separate offense. Every person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued or permitted by such person.
(D) Administrative citation. Any responsible person violating, causing a violation or maintaining a violation of any provision of this zoning code may be issued an administrative citation assessing a civil fine as provided in § 1- 3-13.
(e) Abatement of public nuisance.
(1) Any building or structure erected, constructed, moved, altered or maintained and any use of property contrary to the provisions of this zoning code is hereby declared to be unlawful and a public nuisance and any failure, refusal or neglect to obtain a permit as required by the terms of this zoning code shall be prima facie evidence of the fact that a public nuisance exists. (2) The city may commence an appropriate civil action to abate a public nuisance and to collect a civil penalty. Any civil action shall be preceded by a finding by the city council, the director, or the director's designee that a violation of this zoning code has occurred. The civil penalty shall not exceed $250.00 for each day on which such violation occurs. In addition, the civil penalty for violation of an abatement order shall be $500.00.
(3) The abatement of a public nuisance may be made at the expense of the owner of the property on which the nuisance is located. If the city abates the public nuisance, the costs of such abatement shall be charged to the owner of the premises involved. The director may apply to the city council to cause costs for such work to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments.
(E) Injunction as additional remedy. Any violation of this zoning code shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief and civil penalties.
(f) Threats to health or safety. The abatement of threats to public health or safety other than public nuisances may also be made at the expense of the owner of the property on which the nuisance is located. If the city
abates the threat, the costs of such abatement shall be charged to the owner of the premises involved. The director may apply to the city council to cause costs for such work to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments. (g) Injunction. This zoning code may also be enforced by injunction issued by the superior court upon suit by the city.
(Fh) Permit revocation. Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any discretionary permit pursuant to the provisions of this zoning code shall constitute grounds for the revocation of the permit in accordance with section 9-1-113.9. (Gi) Failure to pay fees or obtain permit. Failure to pay fees and obtain applicable permits shall be deemed a violation of this zoning code. Violation shall result in the assessment of double permit fees prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this zoning code or from any other of the penalties prescribed in this zoning code. (j) Remedies cumulative. All of the remedies described in this section shall be cumulative and not exclusive except when otherwise provided.
(H) Liability for expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses and disbursements paid or incurred by the city or any of its contractors in correction, abatement and prosecution of the violation. Reinspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of the deemed approved activity. The inspection official shall give the owner or other responsible party of such affected premises a written notice showing the itemized cost of such chargeable service and requesting payment thereof. Should the violator fail to pay the fees due and owing in the required time, the charges shall be placed as a lien against the property pursuant to applicable law.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2011-163, § 3, passed 5-3-11; Ord. 2016-184, § 2, passed 10-4-16) §§ 9-1-134—9-1-139 Reserved.
ARTICLE 14. DEFINITIONS
§ 9-1-140 Purpose and applicability.
(A) References. All references to this article shall also include the definitions set forth in individual articles of this code pertaining to matters specific to that article.
(B) Purpose. This article shall be known as the zoning code definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of this code. The meaning and construction of words and phrases as set forth shall apply throughout this code except where the context of such words or phrases clearly indicates a different meaning or construction.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-141 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 authority. (3) In the case of any difference of meanings or im plication 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, wo rds 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, certai n conjunctions shall be interpreted as follows. (a) "And" indicates that all connected items or provisions shall apply. (b) "Or" indicates that the connec ted 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.
(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. 99-107, § 5, passed 2-2-99)
§ 9-1-142 Definition of terms.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abandoned. A building or use the development or operation of which has been ceased or suspended.
Abutting or adjacent. Two or more parcels sharing a common boundary at one or more points.
Accessory building or structure. A building or structure, the use of which is subordinate and incidental to the main building or use on the same parcel or building site. For accessory dwelling units see definition for accessory dwelling unit or junior accessory dwelling unit.
Accessory dwelling unit(ADU). An attached or 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. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, subject to California Building Code requirements, and shall be located on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit and a manufactured home, as defined in the California Health and Safety Code § 18007.
Accessory use. A land use subordinate and incidental to the principal use on the same parcel.
Actual construction. The placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement, subterranean room or garage, swimming pool, or spa is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved.
Administrative office. A place of business for the rendering of service or general administration, but not including retail sales.
Adult business or adult-oriented business. See § 9-1-54.4.
Advertising statuary or vehicles. See sign definitions, § 9-1-79.
Alley. A public or private way permanently reserved as a secondary means of access to abutting property.
Alteration. Any physical change in the internal or external composition of a building or other structure.
Animal hospital or animal clinic. See veterinary clinic.
Antenna. A device for transmitting or receiving radio, television, satellite, microwave, or any other transmitted signal.
Apartment. A dwelling unit within an apartment building or project, designed and used for occupancy by one family, typically on a rental basis.
Apartment building or apartment project. A building or group of buildings in a single ownership with three or more dwelling units per building and, typically, with units occupied on a rental basis.
Area, buildable lot or site. Consistent with the land use element of the general plan, the net lot or site area less any slope areas with a ratio of 2:1 or steeper.
Area, buildable project. The net site area within a development project less any slope areas with a ratio of 2:1 or steeper.
Area, lot or site. The horizontal area within a lot or site expressed in square feet, acres, or other area measurement.
Area, net lot or site. The horizontal area within the boundaries of a lot or site less perimeter rights-of-way and easements and areas set aside for public schools, parks, and other public uses.
Assisted living facility. See managed care facility.
Attached ADU. An ADU that shares at least one common wall with the primary dwelling.
Attached structures. Two or more structures which are physically connected with a wall, roof, deck, floor, architectural features or any other connection that exceeds 30 inches in height above the finished grade and is a minimum 48 inches in width. Also, for the purposes of zoning, structures separated by 30 inches or less shall be considered attached whether they are joined by any physical connection or not.
Attached dwelling or attached residential. See dwelling, attached.
Automobile repair specialty shop. A retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses.
Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition.
Automobile service station. See service station or gas station.
Automobile wrecking or automobile dismantling. The storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts.
Awning. A roof-like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements.
Basement. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story, as defined in this article (see also first story).
Bed and breakfast or "B & B". An establishment primarily engaged in providing temporary lodging (i.e. less than 30 days) for the general public with access typically provided through a common entrance to guest rooms having no cooking facilities. Meals may or may not be provided.