Ordinance Number 812261
ORDINANCE NO. 812
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, CHAPTER 3, , SECTION 9-3.607,
ENTITLED "ACCESSORY USES AND STRUCTURES" OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE, TO INCLUDE DEVELOPMENT
STANDARDS FOR ACCESSORY STRUCTURES IN RESIDENTIAL
DISTRICTS AND TO ESTABLISH AN ABATEMENT SCHEDULE FOR
REMOVAL OF NON -CONFORMING ACCESSORY STRUCTURES WITH
PROHIBITED MATERIALS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, on August 5, 1997, the City Council initiated consideration of an
amendment to the Municipal Code to consider prohibiting fabric -covered accessory structures;
and,
WHEREAS, in certain instances, Section 9-3.607 of the Municipal Code does not
include sufficient information for staff to consistently interpret and administer the provisions for
accessory structures; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Municipal Code; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant
to Section 15060 of the California Environmental Quality Act (CEQA, 1970) and has determined
that the project qualifies for issuance of a Negative Declaration and that the project is exempt from
Department of Fish and Game fees pursuant to Section 7.11.4(d) of the California Fish and Game
Code; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental Quality
Act; and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing
on December 9, 1997, and February 24, 1998, pursuant to Section 9-2.313 of the Municipal Code
to consider public testimony on the propped project.
Based upon the findings set forth in Section 1 preceding, the following amendments
to Section 9-3.607, "Accessory Uses and Structures," of the Municipal Code are hereby enacted:
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Revise Subsection 9-3.607(a) to read as follows:
"(a) General Requirements.
"(1) Accessory uses and structures may be developed as permitted in this section
provided such uses are located on the same lot or parcel of land as the principal use, and such uses
are incidental to, and do not alter, the use of land as permitted within the specific district in which
it is located. "
2. Revise Section 9-3.607(b)(1) to read as follows:
"(1) Attached accessory structures. A fully -enclosed, attached accessory structure shall
be made structurally a part of the main building and shall comply in all respects with the
requirements of this chapter applicable to the principal structure. Open patio covers shall be
regulated by subsection (d) of this section. Decks shall be regulated by subsection (f) of this
section. "
3. Section 9-3.607(b)(2), "Detached accessory 6¢uctures," to remain in its entirety.
4. Revise Section 9-3.607(c)(1) to read as follows:
"(1) Purpose. The purpose of this subsection is to provide for the creation of one new
secondary dwelling unit consistent with the General Plan, on lots already containing a legally -
created single-family detached unit in all residential districts."
Section 9-3.607(d), "Patio covers," to remain in its entirety.
6. Revise Section 9-3.607(e), "Tennis courts" to read as follows:
"(e) Tennis Courts. The tennis courts permitted in the General Agricultural (AG), Small
Farm (RA), Large Estate (EL), Small Estate (ES), and Single -Family (RS) districts shall conform
to the following development standards:"
Add a new Subsection (f) to read as follows:
"(f) Decks. For purposes of this subsection, 'decks' shall mean any platform
construction more than 30" above finished grade. Decks may be erected as accessory structures
in conjunction with the principal use on the building site subject to the following requirements:
"(1) Attached Decks.
"(i) Setbacks:
"(aa) Front Yard Setback: Attached decks shall conform to the
front yard requirements of the applicable district.
"(ab) Side Yard Setback: If an attached deck is 450 square feet or
more in gross floor area, the deck shall conform with the side yard requirement of the applicable
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district. If the attached deck is less than 450 square feet in gross floor area, the deck may extend
into a side yard not more than forty percent (40%) of the applicable district requirement or three
(3) feet, whichever is greater.
"(ac) Rear Yard Setback: If an attached deck is less than 450 square
feet in gross floor area, the deck may be located a minimum distance from the rear property -line
equal to the height of the structure from finish grade or a minimum of five (5) feet, whichever is
greater. However, if the deck is 450 square feet or more in gross floor area, the deck shall
conform to the same rear yard setback requirement as required for the principal structure in the
applicable district.
"(ii) Attached decks over six (6) feet in height measured from finished
grade shall not exceed forty percent (40%) of the total length of the elevation to which it is
attached.
"(2) Detached Decks. Detached decks shall comply with the requirements for
detached accessory structures in subsection 9-3.607(b)(2)."
8. Add a new Subsection 9-3.607(g) to read as follows:
"(g) Additional Development Standards for Accessory Structures in Residential Districts.
Accessory structures located in the EL (Large Estate), ES (Small Estate), RS (Single Family), RD
(Garden Home). RM (Multiple Family), and PRD (Planned Residential District) districts shall be
subject to the development standards for that district, as well as the following requirements:
"(1) Exterior sides which are to enclose the structure shall be finished with wood,
stucco, masonry, or other material of similar texture and durability.
"(2) The roof material shall be wood shingle or shake, state, tile, asphalt shingle,
or other material of similar appearance, texture, substance, and durability.
"(3) Roof eaves and gables shall be no less than twelve (12) inches, measured
from the vertical side of the unit, unless otherwise approved by the Planning Director or, upon
referral, the Planning Commission.
"(4) Exterior finish colors for accessory structures shall be the same as the
principal structure.
"(5) Prohibited Materials. The following building materials shall not be used
in the construction and finish of an accessory structure:
"(i) Exterior sides of accessory structures shall not use metal siding
and/or exposed metal supports, cloth, canvas, plastic sheeting, corrugated fiberglass, or
corrugated metal.
"(it) Roofs of accessory structures shall not use cloth, canvas, plastic
sheeting, corrugated fiberglass, or corrugated metal. "
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9. Add a new Subsection 9-3.607(h) to read as follows:
"(h) Exempted Structures: An 'exempted structure' shall be subject to the following
requirements:
"(1) Prefabricated sheds with a projected roof area of 120 square feet or less are
exempt from the provisions of this section in accordance with state law.
"(2) Setbacks for Non -prefabricated items:
"(i) Front Yard Setbacks: Locations must comply with the front yard
setback requirements for the district.
"(ii) Side Yard Setbacks: Items exceeding six (6) feet in height shall not
be located within the side yard setback for the district. Exempted structures of six (6) feet or less
in height may be located a minimum separation of three (3) feet from the parcel's side property
line.
"(iii) Rear Yard Setbacks: Items exceeding six (6) feet in height may be
located a distance from the parcel's rear property line equal to the height or a minimum of five
(5) feet from the parcel's rear property line, whichever is greater. Exempted structures of six (6)
feet or less in height may be located a minimum separation of three (3) feet from the parcel's rear
property line.
"(3) Awnings. Awnings that use prohibited materials shall be permitted if they
meet the following provisions:
"(i) In all residential districts where the awning is structurally attached
to the principal permitted structure and does not extend more than fifty-four (54) inches from the
wall surface to which it is attached.
"(ii) In all non-residential districts where the awning is structurally
attached to the principal permitted structure shall be subject to review and approval by the
Planning Commission and/or Planning Director per applicable provisions of this Chapter.
"(4) Accessory Structures Listed on the Inventory of Historic and Cultural
Landmarks and/or located in Designated Historic Districts. Existing accessory structures located
in a designated historic district or listed on the City's Inventory of Historic and Cultural
Landmarks shall be subject to all provisions of this Section with the exception of prohibited
building materials where said material is used as a finish material on an existing structure."
10. Add a new Subsection 9-3.607(i) to read as follows:
"(i) Removal of Accessory Structures with Prohibited Materials. Any existing legal -
nonconforming accessory structure with prohibited materials shall be removed by November 30,
1998, or six months of the effective date of this Subsection, whichever is greater. This
amortization removal date is applicable only to those accessory structures not consistent with the
Design Standards set forth in Section 9-3.607(g). This amortization date is subject to the
following procedural requirements:
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"(1) Declaration of Public Nuisance. Legal non -conforming accessory structures
as defined in this section that are constructed with prohibited materials are hereby found to be an
aesthetic blight upon the community.
"(2) Application for Extension of Amortization Period.
"(i) An affected property owner, or other party with legal control of the
property, may apply for an extension of time with respect to the amortization date.
"(ii) The extension application shall be filed at least 45 days prior to the
amortization date, or not later than 20 days within receiving a notice of violation from the City
if the party can establish lack of notice of this amortization schedule.
"(iii) The application shall be obtained from and filed with the City
Planning Department. The application shall be filled out completely and shall provide whatever
additional applicable information as may be required by the Department Director. Failure to file
a completed application as required by the Department may result in rejection of the application.
"(iv) The Planning Director shall then conduct an informal hearing
conference with the applicant to further consider any additional evidence or input from the
applicant as to whether the applicant is entitled to any additional extension period commensurate
with the financial investment made by the applicant. The Planning Director shall utilize a non-
exclusive set of factors in evaluating whether the amortization period is reasonable. These factors
include, but are not limited to, the owner's financial investment in the structure; nature of
hardship upon the applicant should removal be effectuated; applicable Internal Revenue Service
depreciation schedules, if applicable; and, remaining useful life of the structure.
"(v) The decision of the Planning Director shall be in writing and shall
be final and binding, except that the applicant may appeal the decision to the City Manager within
10 days, in writing, from the date of the Director's decision. The City Manager shall utilize the
same criteria as set forth above. The City Manager's decision shall be final."
11. Appendix "A" of the Municipal Code shall be amended to include the following
definitions:
(1) "Accessory structure" shall mean anything constructed or erected on the same lot
or parcel as the principal use that requires a building permit and has a permanent fixed location
on the ground or is attached to something having a permanent fixed location on the ground which
is incidental and subordinate to the main building or structure.
(2) "Exempted accessory structure" shall mean any miscellaneous item (i.e., tool and
storage shed, play house, etc.) that, per definition, is not subject to the accessory structure
development standards per Section 9-3.607 of the Municipal Code.
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This Ordinance shall take effect and be in force thirty (30) days after its passage.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this Ordinance, together
with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 7th day of
April 1998.
IL JO AYOR
ATTEST:
Y
CITY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. s12 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on March 17 1998, and adopted at a
meeting held on April 7 , 1998, by the following vote:
AYES: Council Members Swerdlin, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: Council Member Greiner
(SEAL) h
CHERYL -OHIO CITY CLERK
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