Chapter 15.26
SPECIAL PURPOSE DISTRICTS

Sections:

15.26.010    Purpose and intent.

15.26.020    Permitted uses in special purpose districts.

15.26.030    Development standards.

15.26.040    Specific plan districts.

15.26.050    Coastal zone overlay district.

15.26.060    Mixed use/residential overlay district.

15.26.010 Purpose and intent.

A. Purpose of Districts. The purpose of each special purpose district is as follows:

1. Community Facilities (CF) District. To provide for public, quasi-public, and private community uses to serve the needs of residents, visitors, property owners, and workers in the city. Examples of permitted land uses include civic buildings, schools, hospitals, cultural venues, and similar uses.

2. Open Space Recreation (OR) District. To provide for a range of public and private uses to meet the recreation needs of city residents and visitors. The recreation district permits a wide range of public and private passive and active recreational uses. Recreation district land uses include outdoor athletic facilities, public parks and similar uses.

3. Open Space Preservation (OS) District. To preserve and protect open space areas for the purpose of passive recreation, visual enhancement and resource conservation, and to protect the public health and safety by limiting the use and development of land subject to flooding, landslides and other hazards.

4. Specific Plan (SP), Coastal Zone Overlay (CZ), and Mixed Use/Residential (MU/R) Overlay Districts. As set out in AVMC 15.26.040, 15.26.050, and 15.26.060 respectively.

B. Supplemental Regulations.

1. Residential and Nonresidential. For the residential portions of the SP and CZ districts, regulations governing fences and walls, accessory structures and similar matters shall be as set out in Chapter 15.14 AVMC, Supplemental Residential Regulations. For the CF, OR and OS districts and the nonresidential portions of the SP and CZ districts, such regulations shall be as set out in Chapter 15.22 AVMC, Supplemental Nonresidential Regulations.

2. Exceptions Regarding Fences. Notwithstanding the preceding supplemental regulations, the following exceptions regarding fences shall apply in the CF, OR and OS districts:

a. Fence Height. Fences in setback areas may be up to a height of 20 feet. Fences over 20 feet in height shall require approval of an exception permit pursuant to AVMC 15.74.070.

b. Chain Link Fencing. Chain link fencing is permitted for playfields and governmental facilities and is not subject to the prohibition of chain link fencing in AVMC 15.22.030(I), Prohibited Fencing. [Ord. 2014-159 § 2 (Exh. A); Ord. 2012-146 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.26.020 Permitted uses in special purpose districts.

A. Development Permits Required. Table 15.26.020 in this section specifies whether a use or structure is permitted within a zoning district. In most cases, development to establish a land use requires approval of a site development permit and/or other permits as set out in Chapter 15.74 AVMC.

B. Specific Plan and Coastal Zone Overlay Permitted Uses. Per AVMC 15.26.040 and 15.26.050, the permitted uses within the specific plan district shall be as set out in the text and diagrams of the specific plan itself, and the permitted uses in the coastal zone overlay district shall be the same as those in the underlying base district. Therefore, permitted uses for the specific plan and coastal zone overlay districts are not included in Table 15.26.020.

C. Table of Permitted Uses. Table 15.26.020 specifies those uses and structures which are permitted within special purpose districts. If a use or structure is not listed as permitted, it is prohibited unless specifically determined to be permitted in accordance with AVMC 15.06.050. The letters in the columns beneath the district designations mean the following:

1. “P” – The use is permitted as a principal use within the district.

2. “A” – The use is permitted only if accessory to the principal use on the site.

3. “C” – The use is permitted as a principal or accessory use if a conditional use permit is approved.

4. “AUP” – The use is permitted as a principal or accessory use if an administrative use permit is approved.

5. “TUP” – The use is permitted on a temporary basis if a temporary use permit is approved.

6. “NP” – The use is not permitted in the district.

TABLE 15.26.020:

PERMITTED USES IN SPECIAL PURPOSE DISTRICTS 

LAND USE	CF Community Facilities	OR Open Space Recreation	OS Open Space Preservation
PRINCIPAL USES:
Animal boarding and kennels1	C	NP	NP
1Animal control, welfare and licensing requirements shall be pursuant to AVMC Title 6.
Bicycle, equestrian and hiking trails	P	P	P
Commercial marijuana activities, marijuana cultivation, marijuana manufacturing, and marijuana delivery	NP	NP	NP
Cultivation of industrial hemp, as defined in California Health and Safety Code Section 11018.5	NP	NP	NP
Cemeteries	C	NP	NP
Child day care centers and preschools	C	NP	NP
Religious institutions	C	NP	NP
Clubs, lodges, union halls, and similar uses	C	NP	NP
Colleges and universities, public or private	C	NP	NP
Community centers and senior citizen centers	C	NP	NP
Driving ranges, lighted or unlighted, subject to AVMC 15.46.010, Noise standards, and 15.22.110, Outdoor lighting in nonresidential areas	C	C	NP
Electric substations	C	NP	NP
Farming, small-scale, which may include keeping of hens when specifically stated by the city, on land areas under 40 acres, individual plots, community gardens and learning centers, where vegetables, herbs and other crops are grown on a nonprofit basis, except as prohibited under state or federal law (AVMC 15.02.060)	C	C	C
Fire and police stations	P	P	NP
Golf courses, subject to AVMC 15.46.010, Noise standards, and 15.22.110, Outdoor lighting in nonresidential areas	C	C	NP
Government and other public agency offices	P	P	NP
Group instruction, under 3,000 sq/ft gross floor area	C	NP	NP
Group instruction, over 3,000 sq/ft gross floor area	C	NP	NP
Health facilities, subject to AVMC 15.22.220	C2	NP	NP
2Permitted only in those areas within the health facilities and outpatient medical uses overlay district.
Helicopter pads	C	NP	NP
Homeless and emergency shelters	C	NP	NP
Libraries and museums	P	C	NP
Mortuaries and funeral homes	C	NP	NP
Outdoor amphitheaters, public	P	P	C
Public parks and open space, passive, subject to AVMC 15.46.010, Noise standards, and 15.22.110, Outdoor lighting in nonresidential areas	P	P	P
Public parks, playfields and open space, active, subject to AVMC 15.46.010, Noise standards, and 15.22.110, Outdoor lighting in nonresidential areas	P	P	C
Public parks designated as “dog parks” primarily for the use of dogs and their owners, subject to AVMC 15.46.010, Noise standards, and 15.22.110, Outdoor lighting in nonresidential areas	C	C	C
Public utility lines, boxes and transformers	P	P	P
Reservoirs and water tanks	C	NP	NP
Roller and ice rinks, indoor	C	NP	NP
Schools, private, with outdoor facilities, such as private elementary and high schools (except preschools listed above)	C	NP	NP
Schools, private, without outdoor facilities, such as business, vocational and professional	C	NP	NP
Schools, public	P	NP	NP
Skateboard, roller hockey, and stunt bike facilities, outdoor	C	C	NP
Stations and terminals, train, bus and taxi	C	NP	NP
Tennis courts and other game courts, lighted or unlighted, subject to AVMC 15.46.010, Noise standards, and 15.22.110, Outdoor lighting in nonresidential areas	C	C	NP
Transitional and supportive housing	C	NP	NP
ACCESSORY USES AND STRUCTURES (Subject to Chapter 15.22 AVMC)
Caretaker residences as an accessory use (temporary or permanent)	AUP	AUP	AUP
Donation collection boxes, subject to AVMC 15.22.105	NP	NP	NP
Fences and freestanding walls, subject to AVMC 15.22.030	A	A	A
Incidental products or services for employees, patrons or businesses located in the same building as the principal use, such as cafeterias, retail shops under 1,000 sq/ft in gross floor area and similar incidental uses. A conditional use permit will be required if so indicated in this table.	A	NP	NP
Outdoor storage and display as an accessory use, subject to AVMC 15.22.120	A	A	A
Parking facilities as an accessory use, subject to Chapter 15.38 AVMC	A	A	A
Public restrooms	C	C	C
Recycling collection centers, minor, as an accessory use, excluding donation collection	AUP	NP	NP
Swimming pools	C	C	NP
Other accessory uses and structures which the director determines are customarily associated with and subordinate to the principal use on the premises, are consistent with the purpose and intent of the zoning district, and will not adversely affect other properties
TEMPORARY USES:
Christmas tree sales	TUP	NP	NP
Construction trailers and guard offices	TUP	TUP	TUP
Halloween pumpkin sales	TUP	NP	NP
Outdoor markets, such as farmers’ markets, produce stands, flea markets, and swap meets	TUP	NP	NP
Professional film, video and still photography	TUP	TUP	TUP
Sidewalk sales and special shopping center events	NP	NP	NP
Special outdoor community and other events	Regulated by Chapter 11.05 AVMC
OTHER USES:
Signs as an accessory use, subject to Chapter 15.34 AVMC	A	A	A
Signs as a principal use, subject to Chapter 15.34 AVMC	C	C	C
Amateur radio, satellite dish and video antennas	As provided in Chapter 15.44 AVMC
Wireless communication antennas and facilities	As provided in Chapter 15.42 AVMC

[Ord. 2018-202 § 3 (Exh. A); Ord. 2018-199 § 4; Ord. 2017-187 § 5; Ord. 2016-181 § 4; Ord. 2015-172 § 4; Ord. 2012-146 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.26.030 Development standards.

A. Table of Development Standards. The following table sets out development standards for special purpose districts.

B. Supplemental Regulations. Regulations governing fences and walls, accessory structures and similar matters for zoning districts covered in this chapter shall be as set out in Chapter 15.22 AVMC, Supplemental Nonresidential Regulations.

TABLE 15.26.030:

DEVELOPMENT STANDARDS FOR SPECIAL PURPOSE DISTRICTS 

	DISTRICT
	CF Community Facilities	OR Open Space Recreation	OS Open Space Preservation
HEIGHT AND FLOOR AREA RATIO:
Minimum lot size	No minimum
Maximum structure height (feet)	50	35	35
Maximum floor area ratio (FAR)	0.6:1	0.5:1	n/a
MINIMUM PERIMETER SETBACKS IN FEET:
From any public street*	20	10	10
From interior streets within the same project*	10	10	10
From interior property lines within the same project	0	0	0
From adjacent parcels in residential districts	20	20	20
From adjacent commercial, office and other nonresidential developments	10	10	10
*Setbacks from streets are measured from ultimate street right-of-way line.
LANDSCAPING STANDARDS – FOR CF DISTRICT ONLY:
Minimum interior landscaping:	In addition to boundary landscaping, 2.5% of net project area within parking areas and another 2.5% within nonparking areas
Minimum boundary landscaping:	• Adjacent to arterial highways: minimum average depth of 15 ft.; • Adjacent to nonarterial public streets and any residential district: minimum average depth of 10 ft.
Drought tolerance:	Minimum 50% of landscaping must be drought tolerant
OTHER STANDARDS:
Fences and other accessory structures	See Chapter 15.22 AVMC and AVMC 15.26.010(B)
Screening	See AVMC 15.22.080
Signs and parking	See Chapters 15.34 and 15.38 AVMC

[Ord. 2012-146 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.26.040 Specific plan districts.

A. Authority and Purpose. In accordance with the provisions of California Government Code Section 65450 et seq. (as amended or superseded), the city council may direct that specific plans be prepared for any or all parts of the city which may in the council’s judgment be required for the systematic implementation of the general plan. The purpose of a specific plan shall be to establish a bridge between the implementing policies of the general plan and actual development in a defined area by providing a flexible planning and regulatory framework for high-quality development design.

B. Adoption and Amendment. Review, adoption and amendment of specific plans shall be in accordance with the procedures set out in Chapter 15.78 AVMC.

C. Contents. A specific plan shall include a text and a diagram or diagrams which specify all of the following in detail:

1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.

2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

4. A program of implementation measures, including regulations, programs, public works projects and financing mechanisms necessary to implement the plans described in subsections (C)(1), (2) and (3) of this section.

5. A statement of the relationship of the specific plan to the general plan.

6. Such other measures as may be required to support the implementation of the general plan.

D. Specific Plan as a Base District. When the specific plan district is applied as a base district, all land use and development within the district shall be in compliance with the provisions of the designated specific plan. To indicate such a specific plan on the official zoning map, the “SP” symbol shall be followed by a number to indicate that specific plan which applies to the area (e.g., “SP-1” means Specific Plan Number 1).

E. Specific Plan as an Overlay District. The specific plan district may also be applied as an overlay district in combination with an underlying base district. In this case, the specific plan regulations shall apply only to the land uses and types of development indicated in the specific plan. To indicate the combined district on the zoning map, the SP overlay designation shall follow that of the base district (e.g., “CT/SP-1”). In cases where the specific plan regulations differ from the provisions of the base district, the provisions of the specific plan shall control.

F. Previously Adopted Specific Plans. Specific plans adopted prior to the effective date of the ordinance codified in this zoning code are listed following. All land use and development within the boundaries of these specific plans, as shown on the official zoning map, shall be subject to the specific plan’s provisions.

1. Vantis.

2. The Commons at Aliso Town Center.

3. Glenwood at Aliso Viejo.

4. Ventana Ridge.

All specific plans shall be made available for public examination at the city’s planning department. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.26.050 Coastal zone overlay district.

A. Authority and Purpose. Per the provisions of California Public Resources Code Section 30000 et seq. as amended or superseded, the California coastal zone is a distinct and valuable natural resource which must be protected and maintained and to this end, it is necessary to rely on local government and local land use planning procedures and enforcement. The purpose of the CZ coastal zone overlay district is to serve the above goals by preserving and protecting coastal resources lying within the coastal zone in Aliso Viejo.

B. CZ as an Overlay District. The CZ district is an overlay district which shall be used in combination with an underlying base district. Land use and development in the CZ district shall be subject to the regulations of this section. In cases where the CZ regulations of this section differ from the provisions of the base district, the provisions of the CZ district shall control. To indicate the combined district on the zoning map, the overlay designation shall follow that of the base district (e.g., “RL/CZ”).

C. Coastal Development Permit Required. Approval of a coastal development permit shall be required for all development in the CZ overlay district pursuant to AVMC 15.74.030, except for the following:

1. Individual single-family dwellings on existing single-family lots and alterations to single-family dwellings or associated accessory structures, unless a coastal development permit is otherwise required by applicable permit condition of approval.

2. Improvements on existing developed common lots owned by a homeowners’ association.

3. Temporary uses which require a temporary use permit per AVMC 15.74.050.

4. Improvements to or repair or maintenance of existing structures.

5. The replacement of any structure 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 percent, and is sited in the same location on the same building site as the destroyed structure.

6. The installation, testing and placement in service or the replacement of any utility connection between an existing service facility and existing development.

7. Projects normally requiring a coastal development permit but which are undertaken by a public agency, public utility or person performing a public service as an emergency measure(s) 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.

Notwithstanding the preceding exemptions, other discretionary and/or ministerial permits may still be required for the preceding types of construction in accordance with this code.

D. Permitted Uses. Permitted land uses in the CZ district shall be as indicated for the underlying base district, except that any use or development determined by the planning director to be in conflict with the general plan or other city policies relating to coastal protection shall not be permitted.

E. Development Standards. In addition to the development standards for the base zoning district, the following standards shall apply to all development within the CZ district:

1. Environmentally Sensitive Habitat Areas.

a. Environmentally sensitive habitat areas and areas within the CZ designated as “NCCP (Natural Community Conservation Plan) Habitat Reserve” in the general plan conservation/open space element shall be protected against any significant disruption of habitat values.

b. For development adjacent to an environmentally sensitive habitat area (ESHA), the city may require submission of a biological assessment. Such a biological assessment shall include, at a minimum, a survey of the types and quantities of sensitive species present in the ESHA, the impacts of the development on the ESHA, alternatives to the development, and mitigation measures for unavoidable impacts on the ESHA resulting from the development. Evaluations of the development’s impact on the ESHA shall be sought from appropriate state and federal resources agencies.

c. Fuel Modification. Fuel modification within environmentally sensitive habitat areas shall be minimized to the extent feasible. Fuel modification plans shall, where feasible, employ selective thinning by hand rather than mass clear-cutting within environmentally sensitive habitat areas.

2. Grading. Grading activity shall be conducted in a manner that minimizes landform alteration and erosion and ensures geologic stability and structural integrity.

a. Landform Alteration.

i. Manmade slopes shall be designed so that they can be conveniently maintained so as to minimize erosion, slope failure and unsightly conditions.

ii. Manmade slopes shall be designed to resemble natural terrain where feasible, with a minimum of long, flat, inclined plane surfaces and acute angles.

b. Erosion Control. Appropriate mitigation measures shall be employed to minimize erosion, including but not limited to prompt revegetation of graded areas with similar types of vegetation which existed on site prior to the commencement of grading activities, and avoidance of grading during the rainy season from October 15th through April 15th. Where any lot is designed in such a manner that it will not drain with a minimum one percent grade directly to a street or common drainage facility, it shall be designed in a manner that will conform to the following criteria:

i. Lots shall be designed in such a manner that manmade slopes are not subject to sheet flow or concentrated runoff from either the same or an adjacent lot. All slopes shall be protected from surface runoff by berms, interceptor ditches or similar measures.

ii. All water flowing off manmade slopes shall be constrained within an approved drainage device.

3. Water Quality. All drainage facilities shall be designed to carry surface runoff to the nearest street or storm drain practicable as approved by the city and/or other appropriate governmental agency as the proper disposition of such waters. Where feasible, structural and nonstructural best management practices including, but not limited to, first flush diversion, detention/retention basins, infiltration trenches/basins, porous pavement, oil/grease separators, street sweeping, grass swales, and other measures as may be required by state water quality agencies, shall be implemented. All drainage improvements intended or required to convey storm runoff shall be designed and installed or constructed in accordance with the applicable National Pollutant Discharge Elimination System requirements. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: stormwater management, Chapter 7.35 AVMC; storm drains, Chapter 7.40 AVMC; grading and excavation code, Chapter 13.08 AVMC; fire hazard regulations, AVMC 15.50.010; subdivision fire protection, AVMC 14.10.160.

15.26.060 Mixed use/residential overlay district.

A. Purpose of District. The purpose of the MU/R mixed use/residential overlay district is to provide for a combination of residential and nonresidential uses within a parcel.

B. MU/R as an Overlay District. The MU/R district is an overlay district which shall be used in combination with underlying base districts. In the MU/R overlay district, the city may select a residential use to mix together with the underlying base district. Land use and development, permitted uses, and development standards in the MU/R overlay district shall be subject to the regulations in the underlying base districts, unless specified by another special zoning symbol or by a PRD overlay established in Chapter 15.10 AVMC. To indicate the combined district on the zoning map, the overlay designation shall follow that of the base districts (e.g., “BP-1:RVH/MU/R”). [Ord. 2014-159 § 2 (Exh. A)].