Chapter 15.22
SUPPLEMENTAL NONRESIDENTIAL REGULATIONS1

Sections:

15.22.010    Purpose and intent.

15.22.020    Summary of regulations.

15.22.030    Fences and walls.

15.22.040    Encroachments into setbacks.

15.22.050    Patio covers and open accessory structures.

15.22.060    Detached accessory buildings.

15.22.070    Landscaping and open area.

15.22.080    Screening of equipment and facilities.

15.22.090    Nonresidential trash enclosures.

15.22.100    Recycling collection facilities.

15.22.105    Donation collection boxes.

15.22.110    Outdoor lighting in nonresidential areas.

15.22.120    Outdoor storage and display.

15.22.130    Outdoor vendors and sales events.

15.22.140    Special outdoor events in nonresidential areas.

15.22.150    Christmas tree lots, pumpkin patches and produce stands.

15.22.160    Caretaker residences.

15.22.170    Temporary construction yards and offices.

15.22.180    Child day care centers.

15.22.190    Outdoor dining.

15.22.200    Sale of alcoholic beverages.

15.22.210    Gas station standards.

15.22.220    Health facilities and outpatient medical uses overlay district.

15.22.010 Purpose and intent.

The purpose and intent of this chapter is to set out regulations for accessory structures, fences, and other aspects of land use in nonresidential districts and in the OS open space preservation, OR open space recreation and CF community facilities districts. These provisions also apply to the nonresidential portions of specific plan districts in cases where a regulatory topic is not addressed in the specific plan text. These regulations are in addition to those for nonresidential land uses set out in Chapter 15.18 AVMC and land uses in special purpose districts set out in Chapter 15.26 AVMC. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.020 Summary of regulations.

A. Summary Table. The following table is a summary of supplemental nonresidential regulations in this chapter. In case of conflicts between this table and the applicable section text, the text shall control.

TABLE 15.22.020:

NUMERICAL SUPPLEMENTAL REGULATIONS FOR NONRESIDENTIAL USES 

Type

Standard

Maximum Fence Height:

In setback areas not adjacent to streets, alleys or driveways

6 feet*

In setback areas adjacent to streets, alleys or driveways

6 feet*, except that the maximum height shall be 42 inches within the first 10 feet of the setback area, measured from the ultimate street right-of-way

In corner cutoff areas, for sight distance

30 inches

Fences screening storage areas

10 feet

Temporary fencing for construction sites

10 feet

 

*But up to 8 feet measured on lower side where there is a grade differential

Maximum Encroachments into Setbacks:

The following encroachments are allowed provided a minimum distance of 3 feet from all property lines is maintained:

Awnings

3 feet into any setback

Balconies

3 feet into any setback

Bay windows

3 feet into any setback

Chimneys up to 7 feet in width

2 feet into any setback

Architectural projections, e.g., eaves

3 feet into any setback

Open porches

3 feet into any setback

Air conditioning ventilation and similar equipment

May be placed in any setback

Patio Covers and Open Accessory Structures:

Maximum height

12 feet

Location

Up to any interior property line within the same project; and minimum 5 feet from abutting parcels not within the same project

Detached Accessory Buildings:

Maximum height

15 feet

Location

Up to any interior property line within the same project; and minimum 10 feet from abutting parcels not within the same project

Maximum area

No more than 500 square feet ground area per building

Outdoor Lighting:

Maximum height

Building-mounted lights: below the eave line or top of building wall. Pole- or fence-mounted lights: max. 24 feet above finish grade

Caretaker Residences:

Maximum floor area

600 square feet

Minimum parking

1 off-street

Outdoor Dining:

Maximum area

1,000 square feet

[Ord. 2013-150 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.030 Fences and walls.

A. Applicability and Use of Terms. In this section, the terms “fence” and “wall” are used interchangeably to mean any type of fence, freestanding wall, retaining wall, screen, or windscreen.

B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height:

Measurement of Fence Height

1. Differential Elevations. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from either side.

2. Adjacent Fences. Fences less than 30 inches apart (measured between adjoining faces) shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences 30 inches or more apart shall be considered separate structures and their heights shall be measured independently.

C. Maximum Fence Heights. Subject to the provisions of subsections (D) through (G) of this section, the construction and installation of fences shall conform to the following height limitations:

1. Setback Areas Not Adjacent to Streets. In setback areas not adjacent to streets, alleys or driveways, the maximum fence height shall be six feet.

2. Setback Areas Adjacent to Streets, Alleys or Driveways. In setback areas adjacent to streets, alleys or driveways, the maximum fence height shall be six feet, except that the maximum height shall be 42 inches within the first 10 feet of the required setback area measured from the ultimate street right-of-way line.

3. Screening of Storage Areas. For fences screening storage areas pursuant to AVMC 15.22.120, the maximum fence height shall be 10 feet.

4. Temporary Construction Fencing. For temporary construction sites the maximum fence height shall be 10 feet.

5. Gates and Arches. The height of gates shall conform to the applicable maximum fence height where the gate is located, except that decorative elements on gates such as scrolls, finials and similar features may extend up to one foot above the maximum fence height. In addition, arches or trellises up to eight feet in height and five feet in width may be constructed over a gate if integrated into the fence/gate design, and pilasters may be constructed up to eight feet in height on each side of a gate if integrated into the fence/gate design.

D. Required Sight Distances. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances at street intersections, alleys and driveways. Therefore, notwithstanding subsection (C) of this section, the height of fences, trees, shrubs, and other visual obstructions shall be limited to a maximum height of 30 inches within the triangular area shown in the exhibit.

E. Sound Walls. City- or state-required sound attenuation walls bordering freeways, tollways or arterial highways may extend to a height of 15 feet if so recommended by a noise study and provided an exception is approved pursuant to AVMC 15.74.070.

F. Retaining Walls.

1. Retaining walls up to six feet in height are permitted, provided the wall is landscaped with shrubs or vines with automatic irrigation if it is over 30 inches high and visible from any location outside the property.

2. Open railings up to 48 inches high placed on top of a retaining wall and required for pedestrian safety may be permitted if a height exception is approved pursuant to AVMC 15.74.070.

G. Increases in Height. Fences higher than the maximums set out in this section, up to a maximum of 10 feet, may be permitted if an exception permit is approved by the director pursuant to AVMC 15.74.070. Applications for fences exceeding 10 feet in height shall be reviewed by the city council as a site development permit pursuant to AVMC 15.74.020. In addition to the findings required for approval of all exceptions, the following findings shall also be made in conjunction with approval of a fence height increase:

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

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

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

H. Wall/Fence Articulation. Long straight stretches of wall or fence shall be varied by the use of such design features as offsets (i.e., jogs), open panels (e.g., containing wrought iron) at selected locations, periodic variations in materials, texture, or colors, the inclusion of landscape plantings, and similar measures.

I. Prohibited Fencing. The use of barbed wire, razor wire or electrified fencing materials is prohibited except where required by city, state or federal regulation. The use of chain link fencing is prohibited in nonresidential districts within any front yard area or any area visible from a public street except for construction sites, wireless facilities, special events and other temporary uses and where otherwise specifically permitted in this code. [Ord. 2012-141 § 18; Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.040 Encroachments into setbacks.

A. Applicability. Encroachments into required setbacks are permitted as follows in nonresidential districts, provided a minimum distance of three feet from all property lines is maintained:

1. Awnings may encroach up to three feet into any setback.

2. Balconies may encroach up to three feet into any setback.

3. Bay windows may encroach up to three feet into any setback.

4. Chimneys up to seven feet in width may encroach up to two feet into any setback.

5. Architectural projections, such as cornices, eaves, and similar elements, may encroach up to three feet into any setback.

6. Open porches may encroach up to three feet into any setback.

7. Air conditioning, ventilation and similar equipment may be placed in any setback. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.050 Patio covers and open accessory structures.

A. Applicability. This section applies to any type of unenclosed structure over 18 inches in height and placed within required yard setbacks, including but not limited to patio covers, gazebos, trellises, freestanding fireplaces, fire pits, barbecues, fountains, play equipment (other than enclosed playhouses), and cantilevered decks.

B. Height. Open accessory structures shall not exceed 12 feet in height.

C. Location. Open accessory structures shall be located as follows:

1. Up to any interior property line within the same project; and

2. A minimum of five feet from abutting parcels not within the same project. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.060 Detached accessory buildings.

A. Applicability. This section applies to any detached accessory building placed within required yard setbacks.

B. Height and Size. Detached accessory buildings shall not exceed 15 feet in height and 500 square feet of ground area per building unless an exception permit is approved pursuant to AVMC 15.74.070.

C. Location. Detached accessory buildings shall be located as follows:

1. Up to any interior property line within the same project; and

2. A minimum of 10 feet from abutting parcels not within the same project. [Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.070 Landscaping and open area.

Landscaping and open area in nonresidential districts shall conform to the numerical standards of AVMC 15.18.030 and the design standards of AVMC 15.62.060. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: water efficient landscape regulations, Chapter 7.30 AVMC; nuisances, AVMC 8.24.010; subdivision landscaping and screening, AVMC 14.10.150; parking facility landscaping, AVMC 15.38.090; fire hazard regulations, AVMC 15.50.010.

15.22.080 Screening of equipment and facilities.

Screening of equipment and facilities in nonresidential districts shall conform to the provisions of AVMC 15.62.060. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: loading facility screening, AVMC 15.38.100; wireless communications facility screening, AVMC 15.42.050.

15.22.090 Nonresidential trash enclosures.

Trash enclosures in nonresidential districts shall conform to the provisions of AVMC 15.62.080. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: solid waste disposal, Chapter 7.05 AVMC.

15.22.100 Recycling collection facilities.

A. Applicability. Recycling collection facilities for the collection of nonhazardous household materials (e.g., cans, bottles, paper, etc.) for recycling purposes, including attended collection centers and reverse vending machines, but excluding donation collection boxes, may be established as an accessory use to an existing primary use in any nonresidential district. All such facilities shall comply with the requirements of this section.

B. Attended Collection Facilities. Attended recycling collection facilities may be permitted in nonresidential districts if an administrative use permit is approved pursuant to AVMC 15.74.040. Such facilities may accommodate nonhazardous recyclable materials collection and packaging for bulk transport only. No reprocessing or recycling of materials into new products shall be permitted. All such facilities shall comply with the following requirements:

1. The facility shall be screened from street view by enclosure within a building or a screened outdoor yard which complies with the screening standards of AVMC 15.22.080.

2. All exterior storage of materials shall be in sturdy containers and the facility shall be secured from unauthorized entry or removal of materials when the facility is closed. Any containers provided for after-hours drop-off shall comply with the standards for drop-off facilities set out in subsection (C) of this section.

3. The facility shall be maintained free of odor, litter and other nuisances at all times.

C. Reverse Vending Machines. Reverse vending machines for the deposit of aluminum cans and other recyclable items may be established as a permitted accessory use in conjunction with an existing nonresidential use which is in compliance with the zoning, building, and fire codes and shall conform to the following requirements:

1. Unattended machines shall be located adjacent to the main building on the site and shall not obstruct pedestrian or vehicular circulation.

2. Machines shall not occupy any parking spaces required by the primary use.

3. Machines shall occupy no more than 50 square feet of floor or ground space per installation, including any protective enclosure, and shall be no more than eight feet in height.

4. Machines shall be clearly signed to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call, if the machine is inoperative.

5. The installation shall be maintained free of litter and odor at all times. A trash receptacle shall be located adjacent to the machine(s) for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the recycling facility regularly. [Ord. 2017-187 § 4 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: solid waste disposal, Chapter 7.05 AVMC.

15.22.105 Donation collection boxes.

A. Purpose. The purpose of this section is to enact and enforce standards for donation collection boxes located within the city limits. Nothing in this section shall preempt or make inapplicable any provision of state or federal law.

B. Definitions. As used in this section, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context:

“Department” means the department of planning services.

“Director” means the director of planning services for the city of Aliso Viejo.

“Donation collection box” or “box” means any metal, plastic, cardboard or wooden box, bin, container, trailer, accessory structure, or similar facility located outside of an enclosed building or in a parking lot or other public place, provided by a person, organization, or collection center for the primary purpose of receiving or storing donated salvageable personal property, including household goods, clothing, textiles, toys, and other similar small items that are left unattended without an on-site operator.

“Operate” means to place, operate, maintain, own or otherwise control a donation collection box.

“Operator” means any person who operates a donation collection box in the city.

“Permit” means a development review permit to place, locate, maintain, or operate a donation collection box within the city.

“Person” means that term as defined in AVMC 1.02.010.

“Property” means the real property on which a donation collection box is operated, maintained, owned, or otherwise controlled.

“Property owner” means the owner of record of the real property on which a donation collection box is operated, maintained, owned, or otherwise controlled.

“Salvageable personal property” does not include recyclable solid waste as defined in AVMC 7.05.010. Furthermore, salvageable personal property shall not include furniture, appliances, musical instruments, or other large items of bulk, nor shall include any biological or organic material, nor any hazardous material.

C. Applicability and Permissible Use.

1. A permit shall be required for any donation collection box installed, constructed, maintained, or located in the city.

2. Nonresidential Zones. Donation collection boxes shall be permitted in the business park-2 (BP-2) and community commercial (CC) zones with a permit, subject to the development standards set forth in subsection (E) of this section.

3. Residential Zones. Donation collection boxes shall not be permitted in any residentially zoned properties.

4. An unattended book donation box for the collection of books only, located at public libraries on city property with the written permission of the city, shall be exempt from this section.

D. Application Requirements. An application for a permit shall be filed with the director on a form provided by the department with a nonrefundable fee in an amount established by resolution of the city council. The application fee shall be used to defray the costs of investigation, report, and related application processing issues. The form must be fully completed and executed and returned to the department. The application shall include the following:

1. Complete operator information including company/organization name, address, telephone number, and e-mail address, and the names, addresses, and e-mail of all the partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a nonpublicly traded corporation applicant, all stockholders owning more than five percent of the stock of a nonpublicly traded corporate applicant, and any other person who is financially interested directly in the ownership or operation of the business, including all aliases;

2. Information pertaining to the applicant’s status with the Secretary of State;

3. The primary contact name, address, telephone number, and e-mail address for all matters related to the donation collection box;

4. Written consent from the property owner or property owner’s agent (with notarized authorization from the owner) for placement of the box on the property, including name, address, telephone number, and e-mail address of property owner or property owner’s agent;

5. Informed consent from the property owner or property owner’s agent acknowledging responsibility and compliance with the provisions of this section;

6. Written acknowledgement by the applicant and property owner or property owner’s agent that in the event the permit is approved, the operator and property owner agree to indemnify and hold the city harmless concerning the city’s approval of the permit, the operation and maintenance of the box, and any other matter relating to the donation collection box, including without limitation the city’s enforcement of this section and the city’s removal of the box in accordance with this section;

7. Name and telephone number of any entity which may share or profit from items collected via the box;

8. The physical address of the property (or the address of the closest building) where the donation collection box is proposed to be located;

9. Details of the box itself, including dimensions, elevations, and details of signage;

10. Scaled plot plan indicating all site improvements and the location of proposed donation collection box;

11. Scaled map demonstrating that the location of the property with the next closest box is outside of the minimum separation requirement, as measured from property line to property line; and

12. If placed within a parking stall(s), a scaled plot plan indicating the number, location, and dimensions of all parking stalls. Additionally, if parking is shared amongst uses, a list of all business names, uses, and parking requirements for each use.

E. Standards and Requirements. It is the intent and design of this section to regulate donation collection boxes to prevent a blighted appearance and ensure the boxes will not have a negative visual impact on the city, to ensure the boxes will not impede or interfere with public access, circulation, and parking, and to ensure that the boxes do not become hazards or nuisances. To that end, donation collection boxes shall be operated in accordance with the following requirements and conditions:

1. Physical Standards.

a. Shall not be more than 82 inches high, 60 inches wide, and 50 inches deep.

b. Shall be fabricated of durable and waterproof materials.

c. Shall not be electrically or hydraulically powered or otherwise mechanized.

d. Shall not become a fixture of the site and shall not be considered an improvement to real property.

2. Locational Standards.

a. Donation collection boxes shall be located within 30 feet of a building entrance.

b. Donation collection boxes shall not be located in, encroach into, or obstruct any of the following:

i. Any required parking spaces or access to any parking;

ii. Pedestrian or ADA pathways;

iii. Emergency access or fire lanes;

iv. Drive aisles and on-site circulation in general;

v. Existing landscaping or landscaped areas;

vi. Trash enclosure area or access to the trash bins/trash enclosures; and

vii. Required setback areas, specifically front and street setbacks.

c. Donation collection boxes shall not be permitted on any unimproved parcel, nor where the principal use of land has been closed or unoccupied for more than 30 days.

d. Donation collection boxes shall be placed on a level, hard (asphalt or concrete) paved, dust-free surface.

e. The location of a donation collection box shall not disrupt or negatively impact any line of sight relating to, but not limited to, the circulation of pedestrians, bicycles, and/or cars in any way as they travel and/or park.

f. A donation collection box cannot be within 500 feet of another donation collection box, as measured from property line to property line, unless the director determines otherwise, as provided in subsection (E)(2)(g) of this section.

g. No more than one donation collection box is permitted per parcel unless documented evidence is submitted to the director that a second box is required due to the volume of items delivered to the site. A donation collection box must be legally operating at a site for at least 90 days in order to establish that a second bin is required. Both boxes shall have the same operator. No fee is required to submit an application for this second box.

h. Donation collection boxes shall provide a minimum 25-foot setback from properties that are residentially zoned or have existing residential uses.

3. Maintenance and Appearance.

a. Donation collection boxes shall be maintained to the satisfaction of the director. This includes maintenance of the box’s condition itself (appearance and wear) and of the box’s immediate area, specifically within a radius of 25 feet around the donation collection box.

b. The donation collection box shall be maintained in good condition and appearance, with no structural damage, holes, or rust, and shall be kept free of graffiti.

c. Donation collection boxes shall not overflow at any time.

d. The site will be kept free from litter and any other undesirable material.

e. Items left outside a donation collection box shall be considered undesirable material and deemed a public nuisance, and may be removed by the city at the property owner’s expense.

f. The box operator and/or property owner or property owner’s agent shall respond within 24 hours of notice from the city to address maintenance issues, including graffiti, vandalism, and damaged boxes, in addition to items left about or overflowing boxes.

g. The box operator shall conduct a pickup at least once a week to ensure that the box is not overflowing and is properly maintained, and that the surrounding area and site are free of litter and any other undesirable material.

h. The box operator and property owner or property owner’s agent shall be responsible for properly disposing of undesirable material in accordance with all city, state, and federal laws, guidelines, and requirements.

4. Signage.

a. The donation collection box shall conspicuously display the name, address, telephone number, e-mail address, and, if available, the Internet web address of the operator of the box.

b. The site shall display a notice stating that no material shall be left outside of a donation collection box in at least two-inch typeface. This notice shall be installed within a radius of 25 feet of the box. The box itself shall also have this notice directly on the box.

c. Donation collection boxes operated by a nonprofit organization shall display their federal tax identification number.

d. Each donation collection box shall be clearly marked to identify the type of material that may be deposited.

e. Each donation collection box shall have a pickup schedule shown or posted directly on the box.

f. No other signage or advertisements shall be allowed on the donation collection box.

g. Each donation collection box shall display the city approved permit number that identifies the box as being properly permitted by the city.

F. Fines and Penalties. Donation collection boxes that violate this section are public nuisances and will be subject to administrative citations with related fines as detailed in Chapter 1.06 AVMC. Daily administrative citations shall continue until either the violation is abated or the donation collection box is removed. Pursuant to California Government Code Section 38773, removal of the donation collection box shall be at the expense of the parcel owner and/or operator. Any boxes removed shall also have any of its related permits revoked.

G. Liability. The operator shall maintain a minimum general liability insurance of $1,000,000 for the duration of the operation of a donation collection box at each site, to cover any claims or losses due to the placement, operation, or maintenance of the donation collection box. Failure of the operator to maintain the required insurance will be grounds for revocation of the operator’s permit.

H. Permit Issuance.

1. The director, or their designee, shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The director’s determination of completeness shall be based on the city’s list of required application contents and any additional information determined by the director to be necessary to determine conformance to all applicable policies and regulations.

2. The applicant shall be notified in writing of any revisions or additional information required and shall submit the requested information to the director within 180 days after the date of the notice. Failure to submit the required information within the 180-day period may be cause for denial.

3. An application for a permit may require that the director or his or her designee perform an on-site inspection of the property before confirming that the request complies with all of the applicable criteria and provisions specified in this section.

4. The director shall issue a permit within 45 days of the city deeming an application complete if all requirements of this section are satisfied. If a permit is not issued, the director will notify the applicant in writing. The notice will set forth the director’s reasons for denial and the procedures for an appeal of the director’s determination.

I. Appeal Process. The director’s determination on the issuance or denial of a permit may be appealed to the city council pursuant to the procedure provided in AVMC 15.70.080.

J. Term of Permit and Renewal of Permit.

1. Unless renewed as described in subsection (J)(2) of this section, each donation collection box permit shall expire and become null and void annually on the anniversary of its date of issuance.

2. A permit shall be renewed annually. The application for renewal must be filed not later than 30 days before the permit expires. The application for renewal shall be upon a form provided by the director and submitted with a renewal fee set by resolution of the city council.

3. The director shall either approve or deny the renewal of a permit within 15 days of receipt of the complete renewal application and payment of the renewal fee. Failure of the director to act upon expiration of the permit shall constitute approval of the renewal of the permit.

4. Prior to expiration of the permit, the operator may voluntarily cancel the permit by notifying the director in writing of the intent to cancel the permit. The permit shall become void upon the director’s receipt of a written notice of intent to cancel the permit.

5. The director shall approve the renewal of a permit if the director finds that no circumstances existed during the term of the permit which would cause a violation to exist, and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. If the director cannot make the required findings, then the permit may be subject to nonrenewal and revocation.

6. If the permit expires and is not renewed, the box(es) must be removed from the property within a maximum of 10 days after expiration of the permit.

K. Transfers. No person to whom a permit has been issued shall transfer, assign or convey such permit to another person. Any purported transfer, assignment, or conveyance shall be deemed null and void.

L. Unpermitted Donation Collection Boxes. It shall be unlawful and declared a public nuisance for any person to operate, maintain, allow another person to operate or maintain, or fail to remove an unpermitted donation collection box. Any person in violation will be subject to civil action and/or criminal prosecution. Each day in which a violation is committed will constitute a new and separate offense. In addition, the operation or maintenance of an unpermitted donation collection box may be abated or summarily abated by the city in any manner by this code or otherwise by law for the abatement of public nuisances. Pursuant to California Government Code Section 38773, all expenses incurred by the city in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance.

M. Severance. If any section, division, subsection or provision of this section or the application thereof to any person, property, organization or circumstance is held invalid, the remainder of the section and the application of such to other persons, properties, organizations or circumstances shall not be affected thereby. [Ord. 2017-187 § 4 (Exh. A)].

15.22.110 Outdoor lighting in nonresidential areas.

Outdoor lighting in nonresidential districts shall conform to the provisions of AVMC 15.62.070. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.120 Outdoor storage and display.

A. Applicability. This section provides regulations for the permanent outdoor storage and display of merchandise, materials and equipment.

B. Limitations. The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this section.

C. Outdoor Storage. Outdoor storage of equipment and/or materials including vehicle storage other than vehicle sales shall comply with the following requirements:

1. Location. Outdoor storage areas shall not be located within 10 feet of any public street right-of-way, but may be located within other setback areas or where a main building is permitted.

2. Screening. The storage area shall be visually screened from parks and adjacent streets. The screening shall consist of an opaque fence or plant screen between six and 10 feet high which is in compliance with AVMC 15.22.030, Fences and walls. Stored materials shall not be higher than the screening height. The director may approve modification of or relief from these requirements if he or she determines that the stored materials are finished products in transition or are visually screened by means of a structure, container, silo, bin or tank.

D. Outdoor Sales and Display. Outdoor sales and display areas in conjunction with retail stores, except for vehicle sales, shall comply with the following requirements:

1. Location. Sales and display areas may be located only where a main building is permitted by the applicable district regulations.

2. Screening. The sales and display area shall be visually screened from off-site views. The screening shall consist of an opaque fence or plant screen at least five feet high which is in compliance with AVMC 15.22.030, Fences and walls. Chain link fencing is not permitted.

E. Vehicle Sales. In districts where vehicle sales are permitted, the outdoor display and sales of vehicles shall be subject to the approval of a conditional use permit in accordance with AVMC 15.74.040. The use permit shall establish standards for each such facility. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.130 Outdoor vendors and sales events.

A. Applicability. This section provides regulations for outdoor vendors and outdoor sales events.

B. Outdoor Vendors. Outdoor vendors include flower stands, hotdog stands, ice cream carts, and similar retail uses which utilize a movable or relocatable stand or cart for walk-up sales. Such vendors may be permitted subject to the following provisions:

1. Use Permit Required. An outdoor vendor use may be established where permitted per AVMC 15.18.020 upon approval of an administrative use permit pursuant to AVMC 15.74.040.

2. Location. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation. The location of the outdoor vending use shall not interfere with access to adjacent buildings nor with pedestrian circulation and the use shall not be located on a public sidewalk. In addition, vehicular vending uses shall comply with the locational restrictions imposed by AVMC 9.04.100.

3. Area of Site. The outdoor vending site shall not exceed 150 square feet, including all areas separated from pedestrian access and used for vending activities or storage.

4. Other Permits. The operator/owner shall obtain other necessary licenses and permits required for such activities by city ordinances.

C. Outdoor Sales Events. For the purposes of this section, “outdoor sales event” means the temporary outdoor display and sale by a retail business of merchandise which is normally displayed indoors at the same location as the outdoor sale. Temporary outdoor sales events are permitted subject to issuance of a temporary use permit and compliance with the following provisions:

1. Site Plan. The application for a temporary use permit for an outdoor sales event shall include a site plan to the satisfaction of the planning director indicating the location of the temporary uses and demonstrating maintenance of adequate parking, site circulation and emergency access.

2. Duration. An outdoor sales event may be conducted over a maximum of four consecutive days and no more than once within three calendar months at any location. Each such event shall require the approval of a temporary use permit.

3. Pedestrian Access. Adequate pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway.

4. Vehicle Access. Adequate vehicle access shall be maintained around merchandise, displays, or temporary structures placed in parking areas. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.140 Special outdoor events in nonresidential areas.

Special outdoor events in nonresidential areas shall be regulated by the provisions of Chapter 11.05 AVMC. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.150 Christmas tree lots, pumpkin patches and produce stands.

A. Applicability. Temporary Christmas tree lots, Halloween “pumpkin patches,” and seasonal produce stands are permitted subject to approval of a temporary use permit and the provisions of this section.

B. General Requirements. General requirements include:

1. Submission of Application. Because of necessary lead times and appeal periods, applications shall be submitted at least 20 days prior to the requested date of establishment of the temporary use.

2. Permits. The applicant shall secure an electrical permit and other permits as required by the city building division.

3. Fire Safety. Each facility shall comply with fire prevention standards as approved and enforced by the fire marshal.

4. Temporary Residence. The placement and occupancy of a recreation vehicle as a security office or residence for the duration of the temporary use may be permitted if approved as part of the temporary use permit.

5. Parking. Off-street parking and vehicular access shall be provided to the satisfaction of the planning director.

6. Signs. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 24 square feet. Other signs and advertising devices such as but not limited to pennants, flags, and A-frame signs are prohibited.

C. Christmas Tree Lots. Temporary Christmas tree sales lots are permitted subject to approval of a temporary use permit and the following requirements:

1. No Unrelated Merchandise. The sale of any items not directly associated with Christmas trees and Christmas decorations is prohibited.

2. Time Limitations. The Christmas tree lot shall not be established prior to Thanksgiving in any calendar year.

3. Removal. The premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the January 8th following the applicable Christmas holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup.

D. Halloween Pumpkin Patch Lots. Temporary Halloween pumpkin patch lots are permitted subject to approval of a temporary use permit and the following requirements:

1. No Unrelated Merchandise. The sale of any items except pumpkins and other merchandise directly associated with the Halloween holiday is prohibited.

2. Time Limitations. The pumpkin patch lot shall not be established prior to October 1st in any calendar year.

3. Removal. The premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the November 14th following the applicable Halloween holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup.

E. Seasonal Produce Stands. Temporary fresh produce stands selling fruits and vegetables are permitted subject to approval of a temporary use permit and the following requirements:

1. No Unrelated Merchandise. The sale of any items other than fresh produce is prohibited.

2. Time Limitations. A fresh produce stand shall be open for business only during the season when locally grown produce is harvested and available for sale. The temporary use permit for a fresh produce stand shall include permitted dates of operation up to a maximum of 90 days.

3. Removal. The premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the date indicated on the temporary use permit. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.160 Caretaker residences.

A. Applicability. Caretaker residences may be constructed in any nonresidential district for the exclusive use of personnel employed for the maintenance and security of the principal use, subject to approval of an administrative use permit pursuant to AVMC 15.74.040 and the following requirements:

1. Compliance with Setbacks. The caretaker residence shall be located in a building which complies with all building setbacks established for the district in which it is located.

2. Design and Materials. The residence may be a portion of a building primarily devoted to nonresidential uses or may be a separate building. If it is a separate building, the location, design and materials of the residence shall be consistent with the site plan and building design for the principal use.

3. Floor Area. The residence shall be no more than 600 square feet in floor area.

4. Parking Space. A minimum of one off-street parking space shall be provided in addition to the parking required for the principal use(s). [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.170 Temporary construction yards and offices.

A. Applicability. The temporary placement of a trailer or relocatable building or the temporary use of a permanent structure on an active construction site as a construction and/or watchman’s office, and the establishment of a temporary materials and equipment storage yard may be permitted subject to approval of a temporary use permit and the following requirements:

1. Placement. No relocatable office unit shall be moved onto the site until issuance of a temporary use permit and all required building and electrical permits.

2. Removal. All temporary units and fencing shall be removed from the site prior to the issuance of certificates of occupancy for the final building constructed on the site. The site of the temporary building shall then be restored to its original condition, paved or surfaced for dust control, landscaped, or otherwise improved in accordance with the approved project plans and/or temporary use permit.

3. Conversion. Any permanent structure or portion of a permanent structure devoted to temporary uses shall be converted to a permitted use prior to the issuance of a certificate of occupancy for the final building to be constructed.

4. Use of Existing Building During Construction. The use of an existing lawfully established building may continue during construction or relocation of another building on the same building site upon approval of a temporary use permit.

5. Fencing. Temporary fencing for the construction site may be chain link or other material and shall not exceed 10 feet in height. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.180 Child day care centers.

A. Applicability. Child day care centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility:

1. Health and Safety Regulations. All facilities shall be operated in accordance with state and local health, safety, and other regulations.

2. Outdoor Activities. Outdoor activities shall be limited to the hours between 7:30 a.m. and 7:00 p.m.

3. Pick-Up/Drop-Off Area. All facilities shall provide an on-site pick-up/drop-off area. In addition, there shall be an on-site vehicle turnaround or, alternatively, separate vehicle entrance and exit points.

4. Parking, Signs and Lighting. All signs, parking and outdoor lighting shall comply with the applicable regulations set out in Chapters 15.34 and 15.38 AVMC and AVMC 15.22.110, respectively.

5. Development Standards. All facilities shall comply with the development standards of the district in which they are located, as set out in AVMC 15.10.030. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.22.190 Outdoor dining.

A. Applicability – General Provisions. Outdoor dining may be permitted as an accessory use subject to the provisions of this section if an administrative use permit is approved in accordance with AVMC 15.74.040.

B. Allowing an Increase in Outdoor Dining Area If an Exception Permit Is Approved. The area devoted to outdoor dining shall not exceed 1,000 square feet and shall be accessory to the main restaurant use. Outdoor dining area may be expanded to a maximum of 40 percent of the indoor floor area of the restaurant if an exception permit is approved pursuant to AVMC 15.74.070.

C. Required Findings. Before approving an application, the decision-making authority shall make the following findings in addition to those required in AVMC 15.74.040:

1. That the proposed outdoor dining is accessory to the eating and drinking establishment;

2. That the accessory outdoor dining area will not result in the reduction of existing parking spaces below that required for the restaurant use.

D. Required Conditions. Approval of an application to add or expand outdoor accessory dining shall include the following conditions:

1. The outdoor dining area shall be subject to the existing hours of operation, operational characteristics and conditions of any use permit applicable to the overall establishment;

2. Amplified live music shall not be permitted outdoors unless an exception permit is approved pursuant to AVMC 15.74.070. Unamplified live music may be permitted if included as part of the outdoor dining administrative use permit;

3. All doors and windows leading to the outdoor dining area shall remain closed while indoor amplified music or live entertainment is being played;

4. Fences, walls, roofs or similar barriers shall serve only to define the outdoor dining area and shall not constitute a permanent all-weather enclosure;

5. Any additional conditions the decision-making authority deems necessary or appropriate to ensure that operation of the outdoor dining area is consistent with the findings made at the time of approval.

E. Notwithstanding subsections (A) through (C) of this section, until January 1, 2024, any legally established restaurant may utilize up to 10 percent of their parking spaces for the establishment of outdoor dining with the approval of a temporary use permit provided measures can be taken to protect the health, safety and welfare of diners and employees. [Ord. 2022-225 § 3 (Exh. A); Ord. 2015-165 § 4 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: feeding nondomesticated animals near outdoor dining areas, Chapter 8.26 AVMC.

15.22.200 Sale of alcoholic beverages.

A. Purpose. The purpose of this section is to protect the public health and safety for residents and businesses by establishing a set of consistent standards for the safe operation of alcoholic beverage retail outlets. These regulations are intended to prevent alcohol-related problems including, but not limited to, driving under the influence, assaults, public inebriation, littering, loitering, obstruction of pedestrian traffic, noise, traffic violations, illegal parking, and other harmful effects.

B. Use Permit Required. An establishment that engages in the sale of alcoholic beverages for consumption on or off the premises which is required to operate under a license issued by the California Department of Alcohol Beverage Control (“ABC”) may be allowed in any nonresidential district or where permitted by specific plan if a use permit is approved pursuant to AVMC 15.74.040.

C. Who May Apply. For administrative use permits, the applicant may file an application without written consent of the property owner. However, the director shall notify the property owner in writing of the submission of the application at least five days prior to action on the permit.

D. Actions Requiring Use Permit. The following actions shall require an administrative use permit or an amendment to an existing use permit:

1. An application for a new ABC license or any change in the type of existing ABC license.

2. A premises-to-premises transfer of an existing ABC license.

3. Any increase of floor area of 500 square feet or more from what was originally approved by the city or by the ABC.

4. Re-application for an ABC license for an establishment that has had its license revoked, suspended, or has surrendered its license to the ABC, has discontinued use of the license for 30 days, has had its use permit revoked, or has vacated the property.

5. Any request to establish live entertainment in an establishment that requires an ABC license, or any change in the type or hours of operation for entertainment previously approved for an establishment that requires an ABC license.

E. Required Findings. In order to approve a use permit for an alcoholic beverage outlet, the decision-making authority shall find that the proposed use is consistent with the purpose and intent of this section in addition to the findings required in AVMC 15.74.040. In reviewing the required findings, the decision-making authority shall consider the following:

1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the city;

2. The numbers of alcohol-related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts;

3. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools.

4. Whether the permit will result in an overconcentration of alcoholic beverage outlets in the vicinity of the proposed outlet.

F. Expiration, Discontinuance, Revocation and Appeals.

1. Expiration. Any use permit for an alcoholic beverage outlet granted in accordance with the terms of this section shall expire one year from the date of approval unless a license has been issued or transferred by the ABC prior to the expiration date.

2. Time Extension. The decision-making authority may grant a time extension for a use permit for an alcoholic beverage outlet for a period or periods not to exceed 12 months. An application for a time extension shall be made in writing to the planning director no less than 30 days nor more than 90 days prior to the expiration date.

3. Violation of Terms. After holding a duly noticed public hearing pursuant to AVMC 15.70.070, the decision-making authority may revoke a use permit for an alcoholic beverage outlet upon making one or more of the following findings:

a. The permit was issued on the basis of erroneous or misleading information or misrepresentation;

b. The terms or conditions of approval of the permit have been violated or other laws or regulations have been violated;

c. The establishment for which the permit was issued has had or is having an adverse impact on the health, safety or welfare of the neighborhood or the general public;

d. There is a violation of or failure to maintain a valid ABC license or the establishment otherwise has failed to fully comply with all the rules, regulations and orders of the ABC.

4. Revocation. Procedures for revocation shall be as set out in AVMC 15.74.120.

5. Appeals. Procedures for appeals shall be as set out in AVMC 15.70.080. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: alcoholic beverages warning signs, Chapter 7.10 AVMC, Article III.

15.22.210 Gas station standards.

A. Use Permit Required. Gas and service stations may be permitted where allowed pursuant to AVMC 15.18.020 subject to approval of a conditional use permit and the use and design standards of this section. All uses to be placed on the service station site (e.g., mini-market, sale of alcoholic beverages, etc.) must be specifically included in the conditional use permit approval.

B. Permitted Uses. Permitted uses at gas stations include: the sale of petroleum products including fuel, oil, related automotive accessories and smog checks. Accessory uses which may be allowed if specifically permitted in the conditional use permit include car washing, automated or full service, minor auto repair, fast food, frozen yogurt and similar food sales, and the sale of convenience items such as bread, milk, beverages and sundries. The sale of alcoholic beverages, for off-site consumption only, shall be regulated by AVMC 15.22.200. All retail uses except petroleum dispensing shall occur within a building and all service uses shall occur in a specific location designated in the approved conditional use permit.

C. Signs. Gas station signage shall conform to the provisions of Chapter 15.34 AVMC.

D. Design Standards.

1. Storage and Display. All merchandise shall be stored and/or displayed within an enclosed building.

2. Screening. An opaque screen at least five feet in height shall be installed along all site boundaries which abut residentially zoned properties. Screening along all street boundaries shall be provided except at driveways and shall be between 24 and 36 inches in height, including any site elevation difference. Screening shall consist of walls, earthen berms, landscaping or any combination thereof. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: alcoholic beverages warning signs, Chapter 7.10 AVMC, Article III; residential screening of equipment and facilities, AVMC 15.14.120; design standards, Chapter 15.62 AVMC.

15.22.220 Health facilities and outpatient medical uses overlay district.

A. Purpose. The purpose of this section is to provide reasonable regulations for the development of health facilities and outpatient medical uses as defined in Chapter 15.94 AVMC.

B. Development and Operational Standards. The following development and operational standards shall apply to health facilities:

1. State Law. All health facilities shall comply with the provisions of state law.

2. Municipal and Building Codes. All health facilities shall comply with the provisions of the City of Aliso Viejo Municipal Code and California Building Codes.

3. Minimum Lot Size. The minimum lot size shall be three acres upon initial development following the effective date of the ordinance codified in this section.

4. Building Height and Floor Area Ratio. The building height and floor area ratio shall conform to the limits of the zoning district.

5. Separation of Uses. In addition to the setbacks identified in the zoning district, a minimum distance of 300 feet from the building shall be required from other health facility buildings. Additionally, a minimum distance of 300 feet from the building shall be required from any building used for residential use, public or private K-12 school, religious institutions and from properties used as public or private parks. Reversely, any new residential use, public or private park, public or private K-12 school, church or other religious institution shall not be located within 300 feet on an existing health facility.

6. Parking, Landscaping and All Other Standards. Landscaping and all other development standards shall conform to the limits of the municipal code.

7. Operational Plan. An operational plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the director. At a minimum, the plan shall include facility rules and procedures referencing the following operational provisions; however, the director can determine on a case-by-case basis if any of the provisions are not applicable to the particular health facility use:

a. Compliance with admitted and discharged patient transportation protocols required by California and federal law, including a description of measures aimed at minimizing the discharge of patients/clients without a place of residence;

b. Description of staff training required for the facility; and

c. A “good neighbor policy,” which includes a written protocol for the on-site management to follow when a complaint is received from surrounding businesses and residents.

8. Security Plan. A security plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the director. At a minimum, the plan shall include measures for maintaining a safe environment within and outside the facility; however, the director can determine on a case-by-case basis if any of the provisions are nonapplicable to the health facility:

a. An emergency alert system in common areas and each unit/room to notify the on-site staff that assistance is needed;

b. Interior and exterior cameras with archive of footage; and

c. Posting and enforcement of “no loitering” signs. The number and location of signs is subject to the discretion of the director.

9. No smoking shall occur on the property, unless in an approved and designated location.

10. All business activities shall be conducted indoors.

11. For all group activities, there shall be a minimum break of at least 15 minutes between the end of one session and the beginning of the next, except that no minimum separation is required for group activities occurring as a block of programs for the same individuals. For purposes of this subsection, a “block program” means a group or series of services provided in succession to patients within a three-hour period.

12. Permitting. A conditional use permit shall be required for health facilities located in the health facilities and outpatient medical uses overlay district. All other outpatient medical uses shall be permitted by right in the health facilities and outpatient medical uses overlay district, subject to subsection (C) of this section for outpatient medical uses, large.

13. Any health facility legally established or entitled as of the date of the ordinance codified in this section shall be considered legal nonconforming.

C. Development and Operational Standards. Outpatient medical uses are permitted in the health facilities and outpatient medical uses overlay district. The following development and operational standards shall apply to outpatient medical uses, large, with six or more persons receiving treatment at a given time:

1. State Law. All large outpatient medical uses shall comply with the provisions of state law, including licensing.

2. Municipal and Building Codes. All large outpatient medical uses shall comply with the provisions of the City of Aliso Viejo Municipal Code and California Building Codes.

3. Building Height and Floor Area Ratio. The building height and floor area ratio shall conform to the limits of the zoning district.

4. Parking, Landscaping and All Other Standards. Prior to the issuance of a certificate of use and occupancy, a parking study that complies with AVMC 15.38.140(C) shall be provided for review and approval by the director. If the director determines, in his or her reasonable discretion, that the parking is inadequate, no certificate of use and occupancy shall be issued until the parking plan has been revised to the director’s satisfaction.

5. Operational Plan. An operational plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the director. At a minimum, the plan shall include facility rules and procedures; compliance with applicable local, state and federal laws, discharged patient transportation protocols; staff training; and a “good neighbor policy,” which includes a written protocol for the on-site management to follow when a complaint is received from surrounding businesses and residents.

6. Security Plan. A security plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the director. At a minimum, the plan shall include measures for maintaining a safe environment within and outside the facility; the use of cameras and storage of related footage and the posting of the “no loitering” signs;

7. No smoking shall occur on the property, unless in an approved and designated location.

8. All business activities shall be conducted indoors.

9. For all group activities, there shall be a minimum break of at least 15 minutes between the end of one session and the beginning of the next, except that no minimum separation is required for group activities occurring as a block of programs for the same individuals. For purposes of this subsection, a “block program” means a group or series of services provided in succession to patients within a three-hour period.

10. Any large outpatient medical use established or entitled as of the date of the ordinance codified in this section shall be considered legal nonconforming.

11. Modifications to an operational or security plan shall be considered by the director and acted upon in his or her discretion of whether such modifications will be detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. [Ord. 2018-202 § 3 (Exh. A)].

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Cross-reference: buildings and construction, AVMC Title 13.