PC Resolution-19-11-12-01PC RESOLUTION NO. 19-11-12-01
A RESOLUTION OF THE PLANNING COMMISSION OF SAN JUAN CAPISTRANO,
CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE
AMENDMENT (CA) 19-002, AN ORDINANCE AMENDING THE CITY'S LAND USE
CODE TO ALLOW CERTAIN ALCOHOL RELATED USES IN CERTAIN COMMERCIAL
AND INDUSTRIAL ZONES, CLARIFY ASPECTS OF THE TREE REMOVAL PERMIT
PROCESS, CLARIFY THE PARKING REQUIREMENT FOR CONVENIENCE
MARKETS, CLARIFY REGULATIONS FOR ANIMAL RAISING/BEEKEEPING IN
RESIDENTIAL ZONES; AND RECOMMENDING THAT THE COUNCIL DETERMINE
THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, on March 7, 2017, the City Council initiated a Code Amendment and
directed staff to streamline certain aspects of the City's Tree Removal permit application
process and to clarify the parking standard for convenience market uses; and
WHEREAS, on May 2, 2017, the City Council initiated a Code Amendment and
directed staff to legalize beekeeping within the City; and
WHEREAS, on July 18, 2017, the City Council initiated a Code Amendment and
directed staff to streamline the application review process for microbreweries; and
WHEREAS, on August 6, 2019, the City Council initiated a Code Amendment and
directed staff to reduce the cost of the application review process for chicken keeping;
and
WHEREAS, the Environmental Administrator has determined that Code
Amendment (CA) 19-002 will have no significant effect on the environment and qualifies
as being Categorically Exempt from CEQA pursuant to Section15061 (b)(3) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3; and
WHEREAS, the Planning Commission conducted a duly-noticed public hearing on
(CA) 19-002 pursuant to Title 9, Land Use Code, Section 9-2.302(g) to consider public
testimony on the proposed Code Amendment, and has considered all relevant public
comments , the staff report, and all other written or and oral testimony on Land Use Code
Amendment; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED that the recitals above are each
incorporated by reference and adopted as findings by the Planning Commission.
NOW, THEREFORE, BE IT FURTHER RESOLVED. This project has been
assessed in accordance with the authority and criteria contained in the California
Environmental Quality Act (CEQA), the State and local CEQA Guidelines and the
environmental regulations of the City, and the Planning Commission hereby finds that the
project will have no significant effect on the environment and qualifies as being
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Categorically Exempt from CEQA pursuant to Section15061 (b)(3) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it can be seen
with certainty that it will not have a significant effect or physical change to the
environment. The Code Amendment refines and clarifies provisions of the Municipal
Code and does not propose or authorize any action that would have the potential to cause
a physical change in the environment, directly or indirectly. The allowance of
microbreweries, brewpubs and other similar alcohol related commercial establishments
(distilleries, wineries and winetasting rooms) as "by right" permitted uses in certain
commercial and industrial zoning districts would not cause a change to the environment
since bars and restaurants with alcohol service are already allowed by right in the same
zoning districts and existing regulations/prohibitions on the allowance of live
entertainment with said by right uses are not being amended. In addition, the allowance
of beekeeping in certain residential districts would not cause a change to the environment
since strict regulations for the keeping of bees to avoid impacts to adjacent neighbors are
being adopted.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established in Section 9-2.309 of the San Juan Capistrano Municipal Code in support
of Code Amendment (CA) 19-002:
(1) The proposed Land Use Code amendment conforms with the goals and policies
of the General Plan:
A. Conservation & Open Space Element Goal 2 is to "Protect and preserve
important ecological and biological resources," and Policy 2.1 provides: "Use proper land
use planning to reduce the impact of urban development on important ecological and
biological resources." The changes to the City's Tree Removal Permit fulfill this policy
by, among other things, authorizing the removal of trees that cause a (non-imminent)
threat to human life, safety, or property subject to an opinion from a Qualified Tree Expert.
This new requirement will ensure that trees, which are am important ecological and
biological resources are not removed without proper safeguards. The clarifications to the
tree removal permit process ensure that trees maintained by homeowners' associations
will continue to adhere to the City's tree removal process but allowing HOAs to be subject
to the same requirements as individual property owners. Similarly, the changes that allow
non-commercial beekeeping also further ecological and biological resources within the
City in that bees are adapted to pollinate, which helps plants grow, breed, and produce
food. Finally, the relaxed noticing requirements for the keeping of small animals, like
chickens, may encourage more applicants to apply for entitlements to keep small animals
on noncommercial properties, which will also encourage biodiversity within the City.
B. Land Use Goal 1 is to "Develop a balanced land use pattern to ensure that
revenue generation matches the City's responsibility for provision and maintenance of
public services and facilities. Policy 1.2 is to "Encourage commercial, tourist-oriented,
and industrial development that is compatible with existing land uses within the City to
improve the generation of sales tax, property tax, and hotel occupancy tax." The changes
to allow commercial ventures such as microbreweries, distilleries, wineries and wine
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tasting room uses as permitted by right will serve residents and attract more tourists to
the City as a destination for entertainment. That will improve the City's tax generation.
C. Circulation Element Goal 1 is: "Provide a system of roadways that meets
the need of the community." Policy 1.1 is, "Provide and maintain a City circulation system
that is balance with the land uses in San Juan Capistrano." Further, Policy 1.4 is:
"Improve the San Juan Capistrano circulation system roadways in concert with land
development to ensure sufficient levels of service." The change to clarify the parking
standards for convenience stores support the Circulation Element Goals and Policies, in
that convenience stores have developed within the City with no clear parking standard.
Parking standards are necessary to ensure that adequate parking is provided for those
establishments, and without proper standards, traffic could increase and circulation could
worsen on nearby streets and developments.
(2) The proposed Land Use Code amendment is necessary to implement the
General Plan and to provide for public safety, convenience, and/or general welfare;
The proposed Land Use Code Amendment is necessary to implement the General Plan
because the proposed amendment achieves the goals and policies of the General Plan
for the reasons listed above. In many instances, Code Amendment (CA) 19-002 clarifies
land use requirements (e.g., parking standards for convenience stores, small animal and
beekeeping regulations), streamlines permitting processes (e.g., tree removal permits)
and eases standards for uses that will help the City grow in a beneficial manner (e.g.,
requirements for microbreweries, distilleries, wineries, and wine tasting rooms), and now
authorizes non-commercial beekeeping, which will add to the City's natural biological
diversity and be an ecologic improvement.
(3) The proposed Land Use Code amendment conforms with the intent of the
Development Code and is consistent with other applicable related provisions thereof;
Code Amendment conforms with the intent of the Development Code and is consistent
with other applicable related provisions thereof because it provides that tree removal will
continue to adhere to standards and requirements so that trees will not be removed to the
detriment of the City and its residents, adds a specified parking standard for convenience
markets where none previously existed , allows non-commercial beekeeping but holds
that use to new strict standards, and allows microbreweries, distilleries, wineries and wine
tasting room uses to spur additional economic development within the City.
(4) The proposed Land Use Code amendment is reasonable and beneficial at this
time.
Code Amendment is reasonable and beneficial at this time because it generally clarifies
and streamlines the Land Use Code (tree permit removal provisions, parking standard for
convenience markets, small animal keeping), furthers the City's biodiversity and
environment (beekeeping), and will encourage entertainment for residents and increase
tourism (microbreweries, distilleries, wineries and wine tasting room uses).
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NOW, THEREFORE, BE IT FURTHER RESOLVED that based on the staff report,
all written and oral comments, and testimony presented to the Planning Commission, the
entire administrative record, and the aforementioned findings, the Planning Commission
hereby recommends that the City Council adopt Code Amendment (CA) 19-002, which is
attached hereto as Exhibit "A" and incorporated herein by reference.
CUSTODIAN OF RECORDS . The documents and materials associated with this
Resolution that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
PASSED, APPROVED AND ADOPTED this 12TH ber, 2019.
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Exhibit "A"
Draft Code Amendment (CA) 19-002
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ORDINANCE NO .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CODE AMENDMENT (CA) 19-002, AN ORDINANCE
AMENDING THE CITY'S LAND USE CODE TO ALLOW
CERTAIN ALCOHOL RELATED USES IN CERTAIN
COMMERCIAL AND INDUSTRIAL ZONES , CLARIFY
ASPECTS OF THE TREE REMOVAL PERMIT PROCESS,
CLARIFY THE PARKING REQUIREMENT FOR
CONVENIENCE MARKETS, CLARIFY REGULATIONS FOR
ANIMAL RAISING/BEEKEEPING/CHICKEN KEEPING IN
RESIDENTIAL ZONES; AND A DETERMINATION THAT
SAID ACTION IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of San Juan Capistrano, California (the "City") is a municipal
corporation, duly organized under the constitution and laws of the State of California; and,
WHEREAS, the State Planning and Zoning Law authorizes cities to amend its land
use codes; and,
WHEREAS, on March 7, 2017, the City Council initiated a Code Amendment and
directed staff to streamline certain aspects of the City's Tree Removal permit application
process and to clarify the parking standard for convenience market uses; and
WHEREAS, on May 2, 2017, the City Council initiated a Code Amendment and
directed staff to legalize beekeeping within the City; and
WHEREAS, on July 18, 2017, the City Council initiated a Code Amendment and
directed staff to streamline the application review process for microbreweries; and
WHEREAS, on August 6, 2019, the City Council initiated a Code Amendment and
directed staff to reduce the cost of the application review process for chicken keeping;
and
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.309, Amendment of the Land Use Code; and
WHEREAS, the Environmental Administrator has determined the Code
Amendment project will have no significant effect on the environment and qualifies as
being Categorically Exempt from CEQA pursuant to Section15061(b)(3) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3; and
WHEREAS, on November 12, 2019, the Planning Commission conducted a duly-
noticed public hearing pursuant to Title 9, Land Use Code, Section 9-2.302(g) to consider
public testimony on the proposed project, considered all relevant public comments, and
recommended that the City Council adopt Land Use Code Amendment (CA) 19-002; and
Page 1
WHEREAS, on December 3, 2019, the City Council conducted a duly-noticed
public hearing pursuant to Title 9, Land Use Code, Section 9-2.302(g) to consider the
staff report, public testimony on the proposed project, and all relevant public comments
regarding Land Use Code Amendment (CA) 19-002.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The City Council here incorporates and adopts the foregoing recitals and
accompanying staff report as findings as though they were fully set forth herein.
SECTION 2. Compliance with the California Environmental Quality Act.
Based upon all the evidence presented in the administrative record, including but not
limited to the staff report for the proposed Code Amendment, the City Council hereby
finds and determines that this project has been assessed in accordance with the authority
and criteria contained in the California Environmental Quality Act (CEQA), the State and
local CEQA Guidelines and the environmental regulations of the City, and the City Council
hereby finds that the project will have no significant effect on the environment and
qualifies as being Categorically Exempt from CEQA pursuant to Section15061 (b)(3) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it can
be seen with certainty that it will not have a significant effect or physical change to the
environment. The Code Amendment refines and clarifies provisions of the Municipal
Code and does not propose or authorize any action that would have the potential to cause
a physical change in the environment, directly or indirectly. The allowance of
microbreweries, brewpubs and other similar alcohol related commercial establishments
(distilleries, wineries and winetasting rooms) as "by right" permitted uses in certain
commercial and industrial zoning districts would not cause a change to the environment
since bars and restaurants with alcohol service are already allowed by right in the same
zoning districts and existing regulations/prohibitions on the allowance of live
entertainment with said by right uses are not being amended. In addition, the allowance
of beekeeping as a conditional use and chicken keeping as a by-right use in certain
residential districts would not cause a change to the environment since strict regulations
for the keeping of bees and chickens to avoid impacts to adjacent neighbors are being
adopted.
SECTION 3. With regard to Code Amendment (CA) 19-002, the City Council finds
as follows:
1. The proposed Land Use Code amendment conforms with the goals and
policies of the General Plan:
A. Conservation & Open Space Element Goal 2 is to "Protect and preserve
important ecological and biological resources," and Policy 2.1 provides: "Use proper land
use planning to reduce the impact of urban development on important ecological and
biological resources." The changes to the City's Tree Removal Permit fulfill this policy
Page 2
by, among other things, authorizing the removal of trees that cause a (non-imminent)
threat to human life, safety, or property subject to an opinion from a Qualified Tree Expert.
This new requirement will ensure that trees, which are am important ecological and
biological resource, are not removed without proper safeguards. The clarifications to the
tree removal permit process ensure that trees maintained by homeowners' associations
will continue to adhere to the City's tree removal process but allowing HOAs to be subject
to the same requirements as individual property owners. Similarly, the changes that allow
non-commercial beekeeping also further ecological and biological resources within the
City in that bees are adapted to pollinate, which helps plants grow, breed, and produce
food. Similarly, the changes that allow chicken-keeping subject to regulations also further
ecological and biological resources in that chickens can produce eggs, which provide a
nutritious source of protein, may assist in insect and weed control, and may also provide
fertilizer for gardening. Finally, the relaxed noticing requirements for the keeping of small
animals, like chickens, may encourage more applicants to apply for entitlements to keep
small animals on noncommercial properties, which will also encourage biodiversity within
the City.
B. Land Use Goal 1 is to "Develop a balanced land use pattern to ensure that
revenue generation matches the City's responsibility for provision and maintenance of
public services and facilities. Policy 1.2 is to "Encourage commercial, tourist-oriented,
and industrial development that is compatible with existing land uses within the City to
improve the generation of sales tax, property tax, and hotel occupancy tax." The changes
to allow commercial ventures such as microbreweries, brewpubs, distilleries, wineries and
wine tasting rooms as permitted by right, which will serve residents and attract more
tourists to the City as a destination for entertainment. That will improve the City's tax
generation.
C. Circulation Element Goal 1 is: "Provide a system of roadways that meets
the need of the community." Policy 1.1 is, "Provide and maintain a City circulation system
that is balance with the land uses in San Juan Capistrano." Further, Policy 1.4 is:
"Improve the San Juan Capistrano circulation system roadways in concert with land
development to ensure sufficient levels of service." The change to clarify the parking
standards for convenience stores support the Circulation Element Goals and Policies, in
that convenience stores have developed within the City with no clear parking standard.
Parking standards are necessary to ensure that adequate parking is provided for those
establishments, and without proper standards, traffic could increase and circulation could
worsen on nearby streets and developments.
2. The proposed Land Use Code amendment is necessary to implement the
General Plan and to provide for public safety, convenience, and/or general welfare;
The proposed Land Use Code Amendment is necessary to implement the General Plan
because the proposed amendment achieves the goals and policies of the General Plan
for the reasons listed above. In many instances, Code Amendment (CA) 19-002 clarifies
land use requirements (e.g., parking standards for convenience stores, small animal and
beekeeping regulations), streamlines permitting processes (e.g., tree removal permits),
eases standards for uses that will help the City grow in a beneficial manner (e.g.,
Page 3
requirements for microbreweries, distilleries, wineries, and wine tasting rooms), and now
authorizes noncommercial beekeeping as a conditional use and noncommercial keeping
chicken keeping as a by-right use, which will add to the City's natural biological diversity
and be an ecologic improvement. Both beekeeping and chicken keeping will be subject
to regulations that will ensure that the public safety, convenience and general welfare are
safeguarded.
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code and is consistent with other applicable related provisions thereof;
Code Amendment conforms with the intent of the Development Code and is consistent
with other applicable related provisions thereof because it provides that tree removal will
continue to adhere to standards and requirements so that trees will not be removed to the
detriment of the City and its residents, adds a specified parking standard for convenience
markets where none previously existed, allows noncommercial beekeeping but holds that
use to new strict standards, and allows microbreweries, distilleries, wineries and wine
tasting room uses to spur additional economic development within the City.
4. The proposed Land Use Code amendment is reasonable and beneficial at
this time.
Code Amendment is reasonable and beneficial at this time because it generally clarifies
and streamlines the Land Use Code (tree permit removal provisions, parking standard for
convenience markets, small animal keeping ), furthers the City's biodiversity and
environment (beekeeping and chicken keeping), and will encourage entertainment for
residents and increase tourism (microbreweries, distilleries, wineries and wine tasting
room uses).
SECTION 4. Section 9-2.302(f)(5) of Chapter 2 of Title 9 of the San Juan
Capistrano Municipal Code is hereby amended in its entirety and restated to read as
follows:
"(5) Surrounding property notification. In cases where the public hearing
concerns a specific parcel or parcels of land, such notice shall be mailed or delivered to
the owner(s) of the parcel(s) in question (if different from the applicant) and to all owners
of surrounding property as described in subsection (c) of this section. In cases where the
public hearing concerns a request for animal keepi ng or beekee ping on a specific parcel
or parcels of land within allowable residential zoning districts. such notice shall be mailed
or delivered to the owner(s) of the parcel(s) in question (if different from the app licant)
and contiguous property owners as described in subsection (h) of this section."
SECTION 5. Section 9-2.349 of Chapter 3 of Title 9 of the San Juan Capistrano
Municipal Code is hereby amended in its entirety and restated to read as follows:
"Section 9-2.349 Tree removal permit.
(a) Purpose and intent. The purpose and intent of this section is to
establish procedures necessary to achieve all of the following objectives:
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(1) That the City continue to realize the benefits provided by its urban
forest, including shade and microclimate control, soil stabilization and protection,
watershed protection, maintenance of healthy air quality, preservation of scenic
views, aesthetics and community character, maintenance of habitat for birds and
other wildlife, and protection and enhancement of property values among other
such benefits;
(2) That suitable trees are maintained throughout the City, in a healthy
and nonhazardous condition;
(3) That heritage trees are identified and preserved;
(4) That the use of native, drought resistant and California-friendly trees
on public land private property is encouraged;
(5) That a functional and manageable process for permitting tree
removal is provided for properties where such removal is necessary or will not
adversely impact adjacent properties or community character; and
(6) That new tree planting is required or encouraged where appropriate
on public and private property, in order to create and maintain a healthy urban
forest of native and California-friendly trees, consistent with the natural
environment and rural character of San Juan Capistrano.
(b) (Exemptions. The requirement for a tree removal permit does not
apply to the following circumstances:
(1) Threat to public health, safety, or property. In the event of a situation
wherein a tree is causing a threat to human life, safety, or property, the Planning
Director or designee may authorize the removal of such tree without issuance of a
tree removal permit provided a written opinion is provided by a Qualified Tree
Expert that the subject tree is a threat to public health , safety, or property. In cases
of immediate hazard, such removal may be authorized by other agents of the City,
including directors of the City departments of Planning, Engineering and Building,
or Public Works. In cases where the Orange County Fire Authority has determined
that a tree is dead and is a threat or hazard, the Planning Director or designee may
authorize the removal of such tree without issuance of a tree removal permit. This
exemption also includes tree removal by a utility company within a utility easement
in cases where a Qualified Tree Expert has determined, in writing, that such tree(s)
are a hazard to utility lines or facilities. For purposes of this section, a Qualified
Tree Expert shall mean a California Registered Professional Forester or an arborist
certified by the Western Chapter of the International Society of Arboriculture (ISA),
the California Arborist Association (CAA), or other nationally recognized tree
research, car and preservation organization approved by the Director.
(2) Orchards. Removal of trees which are growing on property in use as
a nursery, garden center, tree farm, or orchard, where such trees, or their produce,
are being grown for the purposes of sale, does not require issuance of a tree
removal permit.
(3) Dead, diseased, structurally unsound, or unstable trees. In the event
that a tree is determined by a Qualified Tree Expert to be unviable because it is
dead or dying, diseased, infested,· structurally unsound, unstable, overcrowded, or
exhibits other characteristics which, in the opinion of the Qualified Tree Expert
Page 5
cause a need for tree removal, the Planning Director or designee may authorize
the removal of such tree without issuance of a tree removal permit.
(4) Single-family residential lot. Except for heritage trees and trees
located within front yard setbacks or any setback adjacent to a public right-of-way
or public trail easement, trees that are located within the yard areas of a single-
family residential lot may be removed without issuance of a tree removal permit.
(5) Trees with trunk diameter less than six (6) inches measured three (3)
feet above grade.
(6) Trees that are invasive and/or inappropriate for the area as
determined by the Planning Director provided such trees are replaced with native
trees.
(c) Applicability. A tree removal permit shall be required as follows:
(1) New development projects. Tree removals associated with a
development project that is subject to other discretionary land use approvals, such
as an architectural control or subdivision , may be permitted in conjunction with the
other discretionary approvals by the reviewing authority for those approvals,
subject to the reviewing authority making the required findings in Section 9-
2.349(e) and adding conditions of approval for replacement trees and landscaping
in accordance with the intent of this section and as deemed appropriate by the
reviewing authority.
(2) Utility easements. Tree removal proposed by utility companies for
trees within utility easements shall require issuance of a tree removal permit,
except in cases where a Qualified Tree Expert has determined, in writing, that such
tree(s) are a hazard to utility lines or facilities. Nothing in this section shall be
construed to prevent utility companies from trimming trees, or otherwise
maintaining the landscape within an easement for the purpose of preventing
damage to utility lines or facilities.
(3) Common landscaped areas. With the exception of non-heritage trees
that are located more than 50 feet from any adjoining public right-of-way , public
trail or private street. t+ree removal within common landscaped areas of residential
projects for the purpose of landscape maintenance, such as by a homeowner's
association or other entity having responsibility for property maintenance, shall
require issuance of a tree removal permit.
(4) Nonresidential projects. Tree removal on nonresidential projects for
the purpose of landscape maintenance, including commercial centers and
business parks, shall require issuance of a tree removal permit.
(5) City facilities and right-of-way. Tree removal by the City in the public
right-of-way, parkways, parks, or other City facilities shall conform to the applicable
provisions of this section regarding replanting requirements, acceptable species,
and review by a Qualified Tree Expert where required by the Planning Director to
determine the viability of trees proposed for removal. Any proposal by the City to
remove a heritage tree shall require Planning Commission approval pursuant to
Section 9-2.349(f).
(6) Individual residential lots. Tree removal on individual residential lots
for any tree within the front or street side yard setback, or any required setback
Page 6
adjacent to a public or private right-of-way or trail easement, shall require issuance
of a tree removal permit.
(7) Removal of any heritage tree, or any construction, grading,
trenching, or other disturbance within the critical root zone of a heritage tree, shall
require a tree removal permit in addition to compliance with the requirements of
Section 9-2.349(f).
(d) Tree removal permit procedures.
(1) Application filing.
(A) An applications for tree removal shall be filed with the Department
of Planning Services, along with the required fee as established by resolution of
the City Council. The Planning Director shall prescribe the form of application and
the supporting information required to initiate the tree removal application review.
Once an application is received by the Department of Planning Services, the
application will be reviewed for completeness. If the application is found to be
incomplete, the Department of Planning Services will notify the applicant in writing
within thirty (30) days what additional information is required , and the application
will not be processed until that information is received by the Department of
Planning Services. A report prepared by a Qualified Tree Expert may be required
to complete submittal of the application; such report shall include a description of
the size, type, health, and condition of the tree(s) proposed for removal, along with
any recommendations for enhancing or maintaining trees on the site.
(B) Site inspection may be conducted by the Planning Department to
determine existing conditions of trees, structures utilities, other landscaping, and
other relevant site conditions affecting the trees proposed for removal and any
proposed replacement trees.
(2) The Planning Director may require notice of intended tree removal to
Homeowner's Associations and affected property owners located adjacent to the
subject property, pursuant to Section 9-2 .302(h).
(3) The Planning Director may refer any tree removal permit application
to the Design Review Committee for review of the proposed tree removal,
proposed replacement tree(s), and associated landscaping .
(4) Except for heritage tree removal permits, the Planning Director or
designee may approve a tree removal permit administratively, and may add
conditions of approval to ensure conformance with applicable provisions of this
Code. Alternatively, the Planning Director may refer a tree removal permit to the
Planning Commission based on a determination that the proposed tree removal
may affect other property owners or the general public due to the size, number,
type, or location of trees proposed to be removed. The Planning Commission shall
review any request to remove a heritage tree.
(5) Time period for approval. After approval, a tree removal permit shall
be valid for six (6) months from the date of approval, except as otherwise specified
by the reviewing authority in the tree removal permit. Within this time period, all
conditions shall be completed, tree(s) removed, and replacement tree(s) planted.
(6) The City may conduct a reinspection or may request written or
photographic verification that conditions of approval for the tree removal permit
have been complied with, and that any required tree replanting has occurred.
Page 7
(e) Findings for approval of a tree removal permit. The reviewing
authority may approve the removal of trees as part of a discretionary project review
or tree removal permit application, based on an affirmative finding that one or more
of the following criteria are met as substantiated by evidence in the record.
(1) The tree proposed for removal is unsuitable to the planting area in
that the area is too small to accommodate the height, diameter of trunk or canopy,
or root zone of the tree, or excessive trees exist on the site requiring thinning to
maintain tree health;
(2) The tree is an unsuitable variety for the site in that the species is not
a native variety, is not in keeping with the community character of San Juan
Capistrano, is of an invasive species, or otherwise conflicts with the intent of this
ordinance;
(3) Removal of the tree will not have an adverse impact on adjacent
properties or the general welfare in that its removal will not adversely impact views,
public streetscapes, or other aesthetic considerations;
(4) Where appropriate, replacement trees have been proposed to
maintain the urban forest canopy and the replacement trees are more appropriate
to the site and to the planting area.
(f) Heritage tree provisions.
(1) For the purposes of this section, a tree shall be deemed a heritage
tree and shall be protected from removal when such tree has a trunk diameter at
breast height (dbh) of thirty-six (36) inches or greater, and is a specimen of the
following species: Schinus molle (California pepper); Quercus spp. (oak); Cedar
spp. (cedar); Eucalyptus globulus (blue gum eucalyptus); Juglans spp. (walnut);
Olea europaea (olive); Platanus spp. (sycamore); Populus spp. (cottonwood); or
as otherwise designated by the Planning Commission based on the tree's unique
and intrinsic value to the community because of its size, age, historic association
or ecological value.
(2) Unless determined to be exempt from a Tree Removal Perm it by the
Director pursuant to Section 9-2 .349.b, A heritage tree§. shall not be removed
without Planning Commission review and approval of a heritage tree removal
permit, based on an affirmative finding that one or more of the following criteria are
met as substantiated by evidence in the record:
(A) The heritage tree proposed for removal is unsuitable for the
planting area in that the area is too small to accommodate the height, diameter of
trunk or canopy, or root zone of the heritage tree, or excessive trees exist on the
site requiring thinning to maintain tree health;
(B) The tree has been determined by a Qualified Tree Expert to be
unviable because it is dead or dying, diseased, infested, structurally unsound,
unstable, overcrowded, or exhibits other characteristics which, in the opinion of the
Qualified Tree Expert, cause a need for tree removal.
(3) (In approving a heritage tree removal permit, the Planning
Commission may add conditions of approval to ensure conformance with
applicable provisions of this Code.
(4) Any proposal for construction, utility installation, paving, street
improvements, or any other ground-disturbing activity within the drip line or critical
Page 8
root zone of a heritage tree shall require administrative approval by the Planning
Director pursuant to Section 9-2.303(a)(4) prior to issuance of permits, to ensure
that such work will not adversely impact the health of the heritage tree. The
Planning Director may require a report prepared by a Qualified Tree Expert to
document that such work will not adversely impact the tree. The Planning Director
may forward the application to the Planning Commission for review.
(g) Appeals. Any decision regarding a tree removal permit may be
appealed in accordance with the provisions of Section 9-2.311, Appeals.
(h) Recommended tree selection guide. The use of California
Native/Friendly and Drought Tolerant trees shall be encouraged within the City.
The Planning Department shall maintain information on recommended trees for
dissemination to and use by the public in implementing this section.
(i) Violations and penalties.
(1) Any person, property owner, firm or corporation, including a
contractor of the property owner, who violates any provision of this section, shall
be guilty of a misdemeanor. The City Attorney shall have the authority to prosecute
any violation of this section as an infraction, in the interests of justice. Each
unauthorized removal of a tree shall constitute a separate offense and shall be
subject to the following penalties.
(A) Any person convicted of a misdemeanor shall be punished by a
fine of not more than One Thousand and no/1 Oaths ($1,000.00) Dollars, or by
imprisonment in the County jail for a period not exceeding six (6) months, or by
both such fine and imprisonment.
(B) Any person convicted of an infraction shall be punished by:
(i) A fine of One Hundred and no/100ths ($100.00) Dollars for a first
violation;
(ii) A fine of Two Hundred and no/100ths ($200.00) Dollars for a second
violation of the same provision within one year from the date of the action
constituting the previous violation; and
(iii) A fine of Five Hundred and no/1 OOths ($500.00) Dollars for each
additional violation of the same provision within one year from the date of the action
constituting the previous violation.
(2) In addition to the criminal remedies provided in subsection (i)(1) of
this section, the following remedies may be imposed:
(A) Upon conviction of a violation of this section, all land use
applications, building permits, occupancy, and/or development permits for the
subject property upon which a violation of this section took place may be
suspended until a tree replacement and/or repair program, specified by the
Planning Director, is completed to the Director's satisfaction. The Director may
require the violator to retain and pay the costs of a Qualified Tree Expert to develop
and implement this program.
(B) The City Attorney may file a civil action for damage or destruction
to any tree, for tree removal prior to approval of a development project or a tree
removal permit, and for those trees removed in violation of approved plans. A dollar
value for tree damage or loss shall be assessed by using a Basic Value Method or
Page 9
Replacement Cost Method as devised by the Council of Tree and Landscape
Appraisers (CTLA).
(C) Any property owner, firm or corporation, including a contractor of
the property owner, who violates any provision of this section, shall be liable for a
civil penalty not to exceed One Thousand and no/1 OOths ($1,000.00) Dollars for
each violation in accordance with Government Code Section 36901. The City
Attorney may file a civil action seeking such civil penalties. The civil penalty
prescribed herein may be sought in addition to injunctive relief, specific
performance or any other remedy; provided, however, that a civil penalty shall not
be sought for any violation for which a criminal prosecution has been commenced.
(0) A violation of this section shall also be deemed a public nuisance
and may be enjoined or abated by the City by means of a civil action or
administrative abatement.
(3) Notwithstanding anything to the contrary contained in this section,
the negligent clearing of trees shall be punishable as an infraction. For purposes
of this section, negligent clearing shall mean any act or omission, including
excessive cutting or topping of the tree canopy, and the inadvertent cutting or
removal of all or a substantial part of a tree or other vegetation within the critical
root zone, that negligently causes the tree to decline in health and/or die, a lack of
water or proper care, and other acts of negligence that result in the decline in health
or death of a tree.
(4) Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of or failure to comply with any
provision of this section is committed, continued, or permitted by such person, and
shall be punishable accordingly.
(5) In any civil, criminal or administrative action or proceeding
commenced by the City to abate a nuisance, to enjoin a violation of any provision
of this section, or to collect a civil penalty imposed by this section, the City shall, if
it is the prevailing party, be entitled to recover from the defendant in any such
action reasonable attorneys' fees and costs of suit.
(6) Nothing in this section shall prevent the City from taking other such
lawful action as is necessary to prevent or remedy any violation(s)."
SECTION 6. The land use categories of "Animal raising (noncommercial) and
"Apiaries" in Table 3-1 of Section 9-3 .301 of Chapter 3 of Title 9 of the San Juan
Capistrano Municipal Code are hereby amended and restated to read as follows:
Table 3-1
Uses in Residential Districts
(please refer to end of table for notes)
RSE RSE MR MH
R H RS-RS-RG-RS-D-RG-R VH p & PR Notes and Use A R 40,0 20,0 10,0 7,0 7,0 4,0 4,00 4,0 M* D MH D Exceptions 00 00 00 00 00 P-00 00 0 so
....
Page 10
Use
MH
R H ~SE ~SE RS-RS-RG-RS-~~ RG-R VH p & PR Notes and
20 0 10,0 7,0 7,0 4,0 4 00 4,0 M* o MH D Exceptions A R 40,0 , 00 00 00 00 o' 00 P-
00 00 so
Noncommercial
animal keeping in
conjunction with a A C C
residential use of a .. lot ra1s1ng
(noncommercial)
c G_ G __ _
Excludes
domestic
animals
which are
permitted in
coniunction
with a
residential
use in all
residential
zoning
districts
without City
aooroval and
wild or exotic
animals
which are
prohibited in
all residential
zo ning
districts. a.
For RA
District-
Must be in
conjunction
with the
residential
use of a let
a00 1iimited
to farm
animals,
peafowl and
animals
allowed 1n
HR, RSE-
40,000 and
RSE-20 000
Districts.
smaU
domesticated
species ,-sHsA
Page 11
MH RSE R SER G-R S-M R RG-Hp &p and S-R S-R D R v RN otes R H --10,0 7,0 7,0 4,0 -4 ,0 M * D M H D E xceptions Use A R 4 0,0 2 0,0 00 00 4 ,00 0 0 p 00 00 00 00 0 so
as sheep and
smalleF
animals.
Excludes
commercial
livestock
breeding and
raising.
b. For HR,
RSE-40,000,
and RSE-
20,000, RS
~Q,QQQ, RS
+,QQQ, and
RS 4,GQQ
Districts-
Must be ffi
senjl:lnGtien
with the
Fesidential
1:1se ef a let,
wheFein the
on a lot size
is greater
than 15,000
square feet
and limited to
small animals
such as
ducks,
geese, QOt-
bellied Qigs,
outdoor
exotic birds
and oth er
similar
animals.
Excluded a re
Qeafowl.
which are
Qrohibited
Page 12
RSE RSE MR MH
R H RS-RS-RG-RS-D-RG-R VH p & PR Notes and Use A R 40,0 20,0 10,0 7,0 7,0 4,0 4,00 4,0 M* D MH D Exceptions 00 00 00 00 00 P-00 00 0 so
and
chickens,
which are
Qermitted by
right and
subject to
Pem:iitteEl
Section 9-
3.511.5.
si::iesies st:iall
iRGll:IEle
Faeeits,
st:iiskeRs,
a Re aRimals -
ef similaF
si.z:e. Animal
slaughtering
or
commercial
animal
raising or
breeding
shall be
prohibited.
Apiaries c Subject to
(noncommercial c -C -C ----------Section 9---beekeeping) 3.510
....
SECTION 7. The land use categories of "Alcoholic beverage retail sale (including
wine tasting)" and "Taverns and brewpubs" in Table 3-4 of Section 9-3.303 of Chapter 3
of Title 9 of the San Juan Capistrano Municipal Code are hereby amended and restated
to read as follows:
Table 3-4
Business and Commercial Districts
(please refer to end of table for notes)
Page 13
Use TC NC GC QC Notes and Comments
Alcoholic beverage c c c ---Sale for off-premises consumption not involving
retail sale~ (including uses where off-Qremises consumQtion is
wine tasting) Qermitted by right, such as breWQUbS ,
microbreweries. distilleries, wineries. and wine
tasting rooms .
. . . .
+ave ms and
9Brewpubs ..
microbreweries, GP P-PG p. distilleries, wineries1 ----
and wine tasting
rooms
....
SECTION 8. The land use categories of "Apiaries" and "Eating and drinking
establishments" in Table 3-6 of Section 9-3.305 of Chapter 3 of Title 9 of the San Juan
Capistrano Municipal Code are hereby amended and restated to read as follows:
Table 3-6
Uses in Industrial Districts
(please refer to end of table for notes)
Use CM IP A Notes and Exceptions
Apiaries --p Subiect to Section 9-3.510.
....
Eating and drinking p p -Including Such as restaurants,
establishments delicatessens, ice cream 13arlers,
cecktail lounges, and taverns 9ars.
brewQubs, microbreweries,
distilleries , wineries and wine tasting
rooms .
. . . .
SECTION 9. The land use category of "Apiaries" in Table 3-15 of Section 9-3.315
of Chapter 3 of Title 9 of the San Juan Capistrano Municipal Code is hereby amended
and restated to read as follows:
Table 3-15
Interim Uses in the Planned Community (PC) District
(please refer to end of table for notes)
Use PC Notes and Exceptions
....
Apiaries p Subject to Section 9-3.510
Page 14
SECTION 10. The land use category of "Apiaries" in Table 3-16 of Section 9-3.317
of Chapter 3 of Title 9 of the San Juan Capistrano Municipal Code is hereby amended
and restated to read as follows:
Table 3-16
Interim Uses in the Specific Plan/Precise Plan District
(please refer to end of table for notes)
Use SP/PP Notes and Exceptions
....
Apiaries p Subject to Section 9-3.510
SECTION 11. Section 9-3.510 related to "Beekeeping" is hereby added to Chapter
3 of Title 9 of the San Juan Capistrano Municipal Code to read as follows:
"Section 9-3.510 Beekeeping
(a) Purpose
The State Legislature found in Food and Agricultural Code section 29000 that a
healthy and vibrant apiary industry is important to the economy and welfare of the
people of the State of California and the protection of the industry is in the interest
of the people of the State. Food and Agricultural Code section 29000 et seq., as
well as California Code of Regulation Title 3 Food and Agriculture, Article 3,
establish regulation for apiaries that are enforced by the Director of the State
Department of Agriculture and California Department of Pesticide Regulation. This
chapter establishes regulations intended to implement and supplement State
regulations and ensures that bee keepers maintain apiaries in a responsible
manner as to protect the health, safety, and welfare of the citizens of the City of
San Juan Capistrano.
(b) General Provisions
(1) Non-commercial honey beekeeping shall be allowed as a permitted
use on properties within the City's Agriculture (A), Planned Community (PC) and
Specific Plan/Precise Plan (SP/PP) zoning districts.
(2) Non-commercial honey beekeeping shall be allowed as a permitted
accessory use on residential properties within the City's Residential/Agriculture
(RA) zoning district.
(3) Non-commercial honey beekeeping shall be conditionally allowed on
residential properties located within the City's Hillside Residential (HR), Single
Family (RSE) 40,000 and Single Family (RSE) 20,000 zoning districts.
(4) Non-commercial beekeeping must be in conjunction with the
residential use of a lot, where the lot size is greater than 15,000 gross square feet.
(5) All honey beekeeping shall be in compliance with the code standards
below, unless modified by the Planning Commission through the Conditional Use
Permit process.
(c) Definitions
The following words and terms shall have the meaning ascribed in this section
unless the context of their usage clearly indicated another meaning:
Page 15
(1) "Apiary" means the assembly of one or more managed colonies of
honey bees at a single location. ·
(2) "Beekeeper" means a person who own, operates, maintains,
possesses or otherwise controls an apiary and/or the owner of the property upon
which an apiary is situated.
(3) "Colony" or "Hive" means an aggregate of honey bees consisting
principally of workers, but having, when perfect, one queen and at times many
drones, including brood, combs, honey and the receptacle inhabited by the bees.
(4) "Flyover Barrier" is a solid wall, fence, or dense vegetation or
combination thereof that provides an obstruction through which honey bees cannot
readily fly.
(5) "Bee Sensitive property" is a property where people such as the
elderly, small children, individuals with medical conditions or confined animals
inhabit or frequent that are more at risk if honey bee stinging incidents were to
occur. These properties include, but are not limited to properties that contain
schools, playgrounds, picnic areas, outdoor sports facilities, daycare centers,
senior care facilities, medical facilities, kennels and horse-boarding facilities.
Property owners or residents may petition their property to be determined a bee
sensitive site based on documented medical conditions.
(6) "Undesirable Bee Behavior" is any behavior exhibited by bees from
a managed hive , colony or apiary that may result in harm to others. Undesirable
bee behavior includes, but is not limited to, characteristics of Africanized honey
bees where minimal or no provocation results in over-defensiveness,
aggressiveness, repeated swarming, unpredictability, reactiveness, and agitation
by the bees.
(d) Code Standards
(1) All honey bee colonies shall be kept in Langstroth-type hives with
removable frames, which shall be kept in sound and usable condition.
(2) It shall be unlawful to keep more than 10 colonies or hives on any lot
within the City.
(3) Apiaries shall not be located within a front yard, a street side yard or
within any required rear or side yard setback.
(4) Apiaries shall be located a minimum of fifty (50) feet from any
adjacent residential dwelling unit and a minimum of one-hundred and fifty (150)
feet from any "bee sensitive property".
(5) If a colony is situated within 25 feet of a property line, the bee keeper
shall establish and maintain a "flyover barrier" of at least six (6) feet in height
consisting of a solid wall, fence, dense vegetation or combination between the
colony and the property line.
(6) Beekeepers shall post signage on gates into the rear yard where
hives are kept which states that beekeeping is practiced on site and identifies the
species of bees, the number of colonies, and the beekeeper's name and telephone
number.
(7) No marketing or advertising is allowed.
Page 16
(8) Beekeepers shall maintain an adequate and accessible supply of
fresh water available to the bees at all times. Beekeepers shall not allow the water
to become stagnant or a mosquito breeding site.
(9) No beekeeper shall own or operate an apiary that exhibits
undesirable bee behavior, contains apiary pests, or is an abandoned apiary.
( e) Enforcement
Upon receipt of information that any colony situated within the City is not being
kept in compliance with these regulations, the Director shall initiate an
investigation. If the Director finds that one or more violations have occurred, a
written notice of violation and administrative citations shall be issued to the
beekeepers. If the beekeepers refuses to take corrective action, the Director may
order the bees destroyed or removed from the City."
SECTION 12. Section 9-3.511.5 related to "Chicken Keeping" is hereby added to
Chapter 3 of Title 9 of the San Juan Capistrano Municipal Code to read as follows:
"(a) Purpose
The keeping of chickens in the city supports a local, sustainable food system by
providing an affordable, nutritious source of protein through fresh eggs.
(b) General Provisions
(1) Non-commercial chicken keeping shall be allowed in all zoning
districts where animal, grazing, breeding, boarding, raising and training is a
permitted use.
(2) Non-commercial chicken keeping shall be allowed in the City's
Residential/Agriculture (RA) district as a permitted accessory use.
(3) Non-commercial chicken keeping shall be allowed in the City's
Hillside Residential (HR), Single Family (RSE) 40,000 and Single Family (RSE)
20,000 districts as a permitted use.
(4) In residential districts, non-commercial chicken keeping must be in
conjunction with the residential use of a lot.
(5) Non-commercial chicken keeping is limited to lots greater than
15,000 gross square feet in size.
(4) All non-commercial chicken keeping shall be in compliance with the
code standards below.
(c) Definitions
The following words and terms shall have the meaning ascribed in this section
unless the context of their usage clearly indicated another meaning:
(1) "Chicken" means the common domestic fowl (Gallus gal/us) that is
used for meat and laying eggs, which includes both the male and female members
of the species.
(2) "Rooster" means a male chicken.
(3) "Hen" means a female chicken.
(4) "Chicken Coop" means a constructed or prefabricated structure
where chickens are kept safe and secure that includes nest boxes for egg-laying
and perches on which the chickens can sleep.
(5) "Chicken Run" means an enclosed area that is either attached or
detached from a chicken coop in which chickens are allowed to roam freely.
Page 17
(d) Code Standards
(1) No roosters and no more than six hens may be kept on any property
located in the City's Hillside Residential (HR), Single Family (RSE) 40,000 and
Single Family (RSE) 20,000 districts.
(2) Chicks shall not be counted toward the maximum allowed number of
chickens until they have reached the age of four months.
(3) A chicken coop shall be provided for any chickens kept on a property.
The required chicken coop shall not exceed five feet in height, shall not be located
within any code required building setback, shall be located a minimum of 100 feet
from any adjoining residential buildings and shall not be visible from any adjoining
public or private streets.
(4) A chicken run shall be provided for any chickens kept on a property.
The required chicken run shall not exceed 500 square feet in area, shall be located
a minimum of 25 feet from any adjoining residential buildings and shall not be
visible from any adjoining public or private streets. Chickens shall not be permitted
to run at large outside of the chicken run on the lot or off the lot.
(5) The chicken coop and chicken run shall be properly maintained so
as to prevent offensive odors and the presence of pests and predators.
(5) Chickens and/or conditions under which chickens are kept shall not
create a public nuisance and shall protect the public health and safety.
(6) Chickens shall not be subject to neglect, cruelty or abuse.
(7) Chicks or eggs produced by the chickens may not be sold
commercially.
(8) The slaughtering of chickens is prohibited on residential properties.
(9) No marketing or advertising is allowed.
(e) Enforcement
Upon receipt of information that any chicken keeping within the City is not being
kept in compliance with these regulations, the Director shall initiate an
investigation. If the Director finds that one or more violations have occurred, a
written notice of violation and administrative citations shall be issued to the
property owner and/or chicken keeper. If the property owner or chicken keeper
refuses to take corrective action, the Director may order the chickens removed
from the City."
SECTION 13. The parking standards for "Food stores, grocery stores,
supermarkets, and similar uses in shopping centers or individually developed" and
"General retail in individually-developed establishments or within shopping centers in
Table 3-34 of Section 9-3.535 of Chapter 3 of Title 9 of the San Juan Capistrano Municipal
Code are hereby amended and restated to read as follows:
Table 3-34
Business and Commercial Uses
P k" R t ar mg equiremen s
Required Off-Street
Land Use Type Parking Notes and Comments
....
Page 18
Food stores, grocery stores, 1.0 off-street parking space Does not include
supermarkets, and similar per each 200 square feet of convenience markets .
uses in shopping centers or gross floor area
individually developed
Furniture and appliance 1.0 off-street parking space
establishments per each 500 square feet of
gross floor area, except
areas used exclusively for
storage or loading, but not
less than 5.0 off-street
parking spaces per each
such use
General retail in individually-1.0 off-street parking space Includes convenience
developed establishments or per each 250 square feet of markets.
within shopping centers leasable floor area
....
SECTION 14. The parking standard for "Restaurants" in Table 3-34 of Section 9-
3.535 of Chapter 3 of Title 9 of the San Juan Capistrano Municipal Code is hereby
amended and restated to read as follows:
Table 3-34
Business and Commercial Uses
Parking Requirements
Required Off-Street
Land Use Type Parking Notes and Comments
....
Restaurants, bars, 1.0 off-street parking space Dining or drinking area shall
brew12ubs, microbreweries. per each 40 square feet of include all the floor area,
distilleries. wineries, and dining or drinking area, but except restrooms, kitchens,
wine tasting roomseafes, not less than 8.0 off-street sculleries, storage, and
taverns, and coektail parking spaces per each equipment areas.
loun§es such use
....
SECTION 15. Section 9-3.535(h)(1 )(C) of Chapter 3 of Title 9 of the San Juan
Capistrano Municipal Code is amended and restated to read as follows:
"(C) Restaurants.._ (sit down and take out), safes. nightclubs, bars,
brewpubs. microbreweries. distilleries. wineries and wi ne tasting
roomstaverns , and cocktail lounges: Shall provide a minimum of one
parking stall per 100 square feet of dining or drinking area (kitchens, prep
areas and storage are excluded from this area)."
SECTION 16. Appendix A of Title 9 of the San Juan Capistrano Municipal Code is
Page 19
hereby amended to amend and restate the definitions of "Animal, domestic," "Animal,
farm," "Bar," "Brewpub," and "Restaurant," and to add the definitions of "Microbrewery,"
"Distillery," "Winery" and "Winetasting Room" as follows:
"Animal, domestic: Any domesticated animal or household pet commonly
maintained in a household that has been adapted to live in a tame condition. as defined
by Orange County Animal Control."
"Animal, farm : Any animal customarily raised for agricultural purposes, not
including wild or exotic animals or domesticatetl-f)ets animals."
"Bar: AA commercial establishment in which the primary use is the sale of alcoholic
beverages for on-site consumption and that requires a State Alcoho lic Beverage Control
license. Such establishments shall include cocktail lounges. taverns. pubs and any other
similar uses where food service is secondary or incidental to the sale of alcoholic
beverages. The inclusion of live entertainment is subject to the use requirements of the
district in which the establishment is located. This term shall also include a cocktail
IEH:m-ge, a nightclub, and a bre•.vpub ."
"Brewpub: A commercial business establishment that conducts the retail sale of
beer (malt beverages with alcohol content as defined by state or F-federal law) that is
brewed on the premises for on -site or off-site consumption in compliance with applicable
S§.tate and .i;:federal laws. in conjunction with a restaurant use. Such establishments may
also include restaurants as an accessory use . The inclusion of b!ive entertainment is
subject to the use requirements of the district in which the establishment is located.-See
also, Bar."
"Distillery: A commercial establishment that conducts the retail sale of distilled
spi rits (with alcohol content as defined by state or federal law) that are distilled on the
premises for on-site or off-site consu mption in compliance wit h applicable state and
federal laws. with no food service or food service as a secondary or incidental use. The
inclusion of live entertainment is subject to the use req uirements of the district in which
the establishment is located."
"Mi crobrewery: A commercial establishment that conducts the retail sale of beer
(with alcohol content as defined by state or federal law) that is brewed on the premises
for on-site or off-site consumption in compliance with applicable state and federal laws.
with no food service or food service as a secondary or incidental use. Such
establishments shall include craft breweries and nano breweries. The inclusion of live
entertainment is subject to the use requirements of the district in which the establish ment
is located."
"Restaurant: APi commercial establishment which is regularly used and open to the
public for the serving of meals to guests for compensation as the primary use, and which
has adequate kitchen facilities for cooking an assortment of foods which may be required
for ordinary meals, the kitchen of which must be kept in a sanitary condition with the
proper amount of refrigeration for the keeping of food on the premises and must comply
Page 20
with all applicable regulations of the Orange County Health Department. Such
establishments shall include cafes , coffee shops and any other similar uses where food
service is the primary use for on-site or off-site consumption. A restaurant may serve
alcoholic beverages as an accessory or incidental use subject to obtaining required
permits from the Department of Alcoholic Beverage Control; however, an establishment
in which serving alcoholic beverages is the primary use, with service of food as a
secondary or incidental use, is not considered a restaurant for zoning purposes (see aJ.SG
Bar). The inclusion of live en terta inment Is sub ject to the use requirements of the district
in which the establishment is located ."
"Winery: A commercial establishment that conducts the retail sale of wine (with
alcohol content as defined by state or federal law) th at is manufactured on the prem ises
for on-site or off-site cons umpti on in compliance with applica ble state and federal laws.
with no food service or food service as a seco ndary or incidental use. The inclusion of
live entertainment is subject to the use req uirements of the district in wh ich the
establishment is located ."
"Winetasting Room : A commercial establishment that conducts the tasting and
retail sale of wine (with alcohol content as defined by state or federal law) for on-site or
off-site consumption in compliance with applicable state and federal laws. Such
establishments have no food service or food service as a secondary or incidental use.
The inclusion of live entertainment is subject to the use requirements of the district in
which the establishment is located."
SECTION 17. Severability. If any part of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision has no effect on the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have adopted each part of this ordinance,
irrespective of the fact that any other part or parts thereof might be declared invalid or
unconstitutional.
SECTION 18. Certification. The City Clerk shall certify to the adoption of this
Ordinance and cause it, or a summary of it, to be published once within 15 days of
adoption in a newspaper of general circulation printed and published within the City of
San Juan Capistrano, and shall post a certified copy of this Ordinance, including the vote
for and against the same, in the Office of the City Clerk in accordance with Government
Code§ 36933.
SECTION 19. Custodian of Records. The documents and materials associated
with this Ordinance that constitute the record of proceedings on which the City Council's
findings and determinations are based are located at San Juan Capistrano City Hall,
32400 Paseo Adelanto, San Juan Capistrano, California 92675. The City Clerk is the
custodian of the record of proceedings.
SECTION 20. Notice of Exemption. The City Council hereby directs City staff to
prepare and file a Notice of Exemption with the County of Orange, County Clerk within
five working days of the adoption of this Ordinance.
Page 21
APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of San Juan Capistrano this_ day of , 2019.
BRIAN L. MARYOTT, MAYOR
ATIEST
MARIA MORRIS, CITY CLERK
Page 22
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SAN JUAN CAPISTRANO
I, __ , City Clerk of the City of San Juan Capistrano, California, do hereby certify that
Ordinance No. _ was adopted at a regular meeting of the City Council of the City of
San Juan Capistrano held on the day of , by the
following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Juan Capistrano, California, this day of _______ _
MARIA MORRIS, CITY CLERK
Approved as to form :
City Attorney
Page 23