Chapter 15.06
ESTABLISHMENT OF ZONING DISTRICTS
Sections:
15.06.010 Establishment of zoning districts.
15.06.020 Official zoning map.
15.06.030 Consistency with general plan.
15.06.040 Interpretation of zoning boundaries.
15.06.060 Special zoning symbols.
Prior legislation: Ord. 2009-104.
15.06.010 Establishment of zoning districts.
A. Establishment of Districts. The city is hereby divided into the following districts for the purposes of classifying, regulating, restricting, and separating the use and development of land, buildings, and structures:
1. RL: Low Density Residential District;
2. RM: Medium Density Residential District;
3. RH: High Density Residential District;
4. RVH: Very High Density Residential District;
5. PRD: Planned Residential Development Overlay District;
6. CT: Town Center Commercial District;
7. CC: Community Commercial District;
8. CN: Neighborhood Commercial District;
9. BP-1: Business Park 1 District;
10. BP-2: Business Park 2 District;
11. PO: Professional Office District;
12. CF: Community Facilities District;
13. OR: Open Space Recreation District;
14. OS: Open Space Preservation District;
15. SP: Specific Plan Districts;
16. CZ: Coastal Zone Overlay District.
B. Base Districts. Every parcel shall receive a base district designation on the official zoning map that establishes the primary type and intensity of land use permitted, along with development regulations for that particular type and intensity of land use.
C. Specific Plan Districts. Specific plans may be adopted as base districts or as overlay districts, as provided in AVMC 15.78.030. Consistent with the city’s general plan community benefit overlay areas (CBOs), the city has established the following specific plan districts as base districts as of the effective date of the ordinance codified in this zoning code: SP-1: Vantis; SP-2: The Commons; SP-3: Glenwood; and SP-4: Ventana Ridge. Additional specific plan districts may be adopted as determined appropriate by the city council.
D. Overlay Districts. An overlay district supplements the base district for the purpose of establishing special use or development regulations for an identified geographic area in addition to the provisions of the underlying base district. In the event of conflict between the base district regulations and the overlay district regulations, the provisions of the overlay district shall apply.
E. Minimum Requirements. The provisions set out in this code for each district shall be the minimum requirements and shall apply uniformly within each district. No building, structure, or land shall be used or occupied, and no building or sign shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the provisions set out for the district in which such building, structure, or land is located. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.06.020 Official zoning map.
A. Zoning Map. The zoning districts designated and established by this chapter shall be shown on a map entitled “City of Aliso Viejo Official Zoning Map,” as last amended, which shall be kept on file in the office of the planning director. The zoning map shall be adopted and amended only upon action of the city council. The zoning map is incorporated herein by reference and shall hereafter exist pursuant to and as an integral part of this code.
B. Map Designations. Land use and development provisions applicable to specific areas shall be identified on the zoning map by zoning designations consisting of letters and/or numbers.
C. Amendments. If changes are made in the district boundaries or other information portrayed on the official zoning map, such changes shall be entered on the zoning map promptly after the amendment has been approved by the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.06.030 Consistency with general plan.
A. State Law Requirements. The California Government Code requires that all city zoning ordinances, zone changes, subdivisions, and public works projects be consistent with the city’s general plan. It is the intent of this title that no land use or project shall be approved which is not consistent with the city’s general plan. This section identifies criteria and procedures for determining the consistency of proposed projects with the general plan. Determinations regarding general plan consistency may be appealed in accordance with the provisions of AVMC 15.70.080 (Appeals and call-up review).
B. Procedures for Determining Consistency.
1. The planning director shall make a preliminary finding on whether a proposed zone change, subdivision, or other land use or development application is consistent with the general plan. If the planning director finds that a proposal is not consistent with the general plan or that there is reasonable doubt regarding general plan consistency, the planning director may refer the application to the city council for a consistency finding prior to review of the proposal itself or may deny or recommend denial of the proposal based on inconsistency with the general plan.
2. If the planning director makes a preliminary finding that the proposal is consistent with the general plan, the proposal shall be scheduled for development review processing and approval or denial. The decision-making authority shall make a final determination of general plan consistency prior to or concurrent with approval or denial of the application in question. In all cases, if the decision-making authority finds that a proposal is not consistent with the general plan, the proposal shall be denied.
C. Criteria for Determining Consistency. The planning director and the decision-making authority shall utilize all of the following criteria in determining whether a proposed project is consistent with the general plan:
1. For residential projects, the number of project dwelling units is consistent with the general plan density designation. For nonresidential projects, the floor area ratio (FAR) is consistent with the general plan intensity designation.
2. The proposal is compatible with the goals, policies, objectives, programs, and general land uses of the applicable elements of the general plan. In order to satisfy this criterion, a proposal must meet the overall intent of such goals, policies, and objectives.
3. The zoning district required to accommodate the proposal, as set out in Chapters 15.10 (Residential Districts), 15.18 (Nonresidential Districts) and 15.26 (Special Purpose Districts) AVMC, is consistent with the applicable general plan land use designation shown on the general plan land use policy map. Such zoning consistency shall be determined by consulting the zoning consistency matrix (Table 15.06.030 following) which identifies which zoning districts are consistent with each general plan land use designation. Zoning districts in the left column which are consistent with the general plan designations across the top are marked by a “C.”
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GENERAL PLAN DESIGNATION |
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Very Low Density Residential |
Low Density Residential |
Medium Density Residential |
High Density Residential |
Very High Density Residential |
Town Center Commercial |
Community Commercial |
Neighborhood Commercial |
Recreation Commercial |
Business Park |
Professional Office |
Community Facilities |
Recreation |
Open Space |
Community Benefit Overlay |
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ZONING: |
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RL: Low Density Residential |
C |
C |
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C |
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RM: Medium Density Residential |
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C |
C |
C |
C |
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C |
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RH: High Density Residential |
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C |
C |
C |
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C |
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RVH: Very High Density Residential |
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C |
C |
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C |
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PRD: Planned Res. Development Overlay |
C |
C |
C |
C |
C |
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C |
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CT: Town Center Commercial |
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C |
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C |
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CC: Community Commercial |
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C |
C |
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C |
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CN: Neighborhood Commercial |
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C |
C |
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C |
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BP-1: Business Park 1 |
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C |
C |
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C |
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BP-2: Business Park 2 |
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C |
C |
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C |
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PO: Professional Office |
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C |
C |
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C |
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CF: Community Facilities |
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C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
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OR: Open Space Recreation |
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C |
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C |
C |
C |
C |
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OS: Open Space Preservation |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
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SP: Specific Plan |
Specific plan land uses shall be consistent with those shown in the general plan land use element |
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CZ: Coastal Zone Overlay |
Refer to underlying base district for consistency |
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[Ord. 2012-141 § 14; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.06.040 Interpretation of zoning boundaries.
A. Rules. Where uncertainty exists as to the boundaries of the zoning districts shown on the official zoning map, the following rules shall apply:
1. Boundaries indicated as approximately following the right-of-way lines of freeways, streets, alleys, railroads, or other rights-of-way shall be construed as congruent with such right-of-way lines and shall further be construed as moving with such right-of-way lines. Boundaries indicated as within the rights-of-way of freeways, streets, alleys, railroads, or other rights-of-way shall be construed as congruent with the centerlines of such rights-of-way.
2. Boundaries indicated as approximately following lot lines shall be construed as congruent with such lot lines.
3. Boundaries indicated as approximately following city limits shall be construed as following those city limits.
4. Where any public right-of-way is officially vacated or abandoned, the zoning district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way.
5. Boundaries indicated as parallel to or extensions of the lines described in subsections (A)(1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
6. Where physical features existing on the ground are at variance with those shown on the official zoning map or if any uncertainty regarding zoning boundaries exists after application of subsections (A)(1) through (5) of this section, the planning director shall interpret the district boundaries. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.06.050 Unlisted land uses.
A. Purpose. This code identifies those land uses and structures which are permitted within each zoning district. If a use or structure is not listed as permitted, it is prohibited unless determined to be permitted in accordance with this section.
B. Procedures and Findings. Because not every possible land use can be identified in this title and because new land uses evolve over time, this section establishes the planning director’s authority to determine if unlisted uses shall be permitted outright, permitted with a conditional use permit, or not permitted in a zoning district. In order to determine that a use is permitted outright or with a use permit, the director shall make all of the following findings:
1. The proposed use is consistent with the goals and policies of the general plan.
2. The proposed use is consistent with the purpose and intent of the district in which it is proposed to be located.
3. The proposed use is similar to other uses which are permitted in the district in which it is to be located.
4. The proposed use will not have a material adverse effect on the health, safety or welfare of residents or other persons in the vicinity of the use.
If the director determines that review is required on a case-by-case basis for an unlisted use in order to make the finding in subsection (B)(4) of this section, such a use shall be permitted only as a conditional use; that is, approval of a conditional use permit shall be required in each case.
C. Referral by Director. Any determination regarding a proposed unlisted use may be referred to the city council for review if the director determines on a case-by-case basis that the public interest would be better served by such referral. [Ord. 2012-141 § 15; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.06.060 Special zoning symbols.
A. Modified Standards. In any zoning district, the minimum lot size and setbacks and the maximum building height and floor area ratio may be different from that set out in the district regulations if so specified on the official zoning map. Such modified development standards shall supersede those in the district regulations and shall be specified by means of the following zoning map symbols:
1. A number following the district designation and connected by a colon (:) shall designate the minimum lot size. Where the number is greater than 100, it shall indicate the minimum size in square feet; where the number is less than 100, it shall indicate the minimum size in acres.
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Example: |
“RL:10,000” (min. lot size 10,000 sq/ft) or “RL:1” (min. lot size 1 acre) |
2. Numbers following the district designation and enclosed by parentheses shall designate the minimum setbacks in feet. Within the parentheses, setbacks shall be separated by a slash (/) and shall be shown in the following order: (front/side/rear).
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Example: |
“RL(20/5/25)” |
3. A number shown below and separated from the district designation by a horizontal line shall designate the maximum height of buildings or structures in feet.
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Example: |
“CC” |
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30 |
4. A number following the district designation and enclosed by brackets shall designate maximum floor area ratio (FAR, the ratio of building square footage to buildable site area).
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Example: |
“CC [.35]” |
5. The preceding symbols may be used in any combination to show minimum lot size, minimum setbacks, maximum floor area ratio, or maximum height.
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Example: |
“RL(20/5/25) [.35]: 1” |
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25 |
[Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].