Ordinance Number 824JL7
ORDINANCE NO. 824
AMENDING TITLE 9 OF THE MUNICIPAL CODE - MODIFICATION OF
PREVIOUSLY -APPROVED GRADING PLANS AND ESTABLISHMENT
OF "SETBACKS" FOR DRIVEWAYS IN A SIDE YARD
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTIONS 9-2A7(i) AND 9-3.424(b)(5) TO TITLE 9 OF THE
MUNICIPAL CODE REGARDING MODIFICATION OF PREVIOUSLY -
APPROVED GRADING PLANS AND ESTABLISHMENT OF "SETBACKS"
FOR DRIVEWAYS IN A SIDE YARD
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findines.
WHEREAS, the present regulations of the applicable provisions of the Municipal
Code do not define criteria or standards to be used by the Planning Director in evaluating
modifications to grading plans previously approved by either the Planning Commission or City
Council to determine if the plan should be considered a minor change and subject to administrative
action by the Planning Director or should be referred to the previous decision-making body; and,
WHEREAS, the current definitions setting forth what is considered "setbacks" for
the purpose of satisfying minimum requirements can be construed or interpreted to create an over -
intensification of development on individual lots; and,
WHEREAS, such lack of definition can permit, if not amended, development of
single-family lots that may be inconsistent with the overall intent and purpose of the district
regulations and open space expectations of the City's General Plan; and,
WHEREAS, the City has complied with the provisions of the California
Environmental Quality Act (1970) as they apply to this amendment having conducted an Initial
Study and subsequent determination by the Environmental Administrator that adoption of the
amended language will not result in a significant impact upon the environment and has issued a
Negative Declaration and has otherwise carried out all applicable provisions of that Act; and,
WHEREAS, the Ordinance is consistent with the goals, policies and objectives of
the San Juan Capistrano General Plan; and,
WHEREAS, the Planning Commission conducted a public hearing on August 11,
1998 and recommended that the City Council adopt the proposed amendments.
SSU
SECTION 2. Amendment Text.
Based upon the findings set forth in Section 1, preceding, the following amendments
to the Municipal Code are hereby enacted:
A. Section Y-�•3p�Cr.)� entitled "Grading Plan Review" shall be amended by adding
subsection 0) to read as follows:
"(,) Modifications to Previously -Approved Graded Lots. Grading plan
applications for the modification of a previously -graded lot or modified grading design shall
be subject to the review and approval of the Planning Director. The Planning Director shall
determine that grading plan modifications comply with the following design criteria prior
to approving any grading modification:
(i) The proposed modifications to the previously -approved
grading plans are consistent with any specific design parameters that were made a
part of a prior discretionary action by either the Planning Commission or the City
Council (if applicable).
(ii) The proposed modifications to the grading plan are consistent
with any grading standards and design concepts or plan approvals pursuant to
previous Planning Commission approvals (if applicable).
(iii) The proposed modification to the grading plan will remain
consistent and compatible with immediately -adjacent lots or units. Said finding of
compatibility shall include; blending of all slopes with adjacent property boundaries,
rounding of all slopes at both top and bottom to blend the grading into the existing
terrain, a design which minimizes any grading alterations to no greater than a two -
foot differential from the existing approved grading plan and harmonizes the design
with the natural contours of the property and surrounding lots.
(iv) The proposed modifications to the grading plan shall show the
location of any proposed building footprints which shall meet all required minimum
setbacks for building as defined in Table 3-1 for the applicable Zone District, and
minimum setbacks from the tops and toes of slopes as defined by Section 9-4.112 of
this Title.
(v) The proposed modifications to the grading plan and proposed
improvements shall be consistent with the provisions of Section 9-3.424(b)(3), Open
areas.
If the Planning Director finds that the modified grading plan does not comply
with the above, the plan shall be referred to the Planning Commission for review and
determination."
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B. Section 9-3.424(b)(5), entitled "Setbacks" shall be amended in its entirety to
read as follows:
"(1) The criteria for measuring setbacks on irregularly-shaped and cul-de-
sac lots are set forth in Section 9-4.114 of Article 1, Chapter 4 of this Title.
(2) All driveways for single-family detached units including manufactured
units (EL, ES, RS, and RD Districts) shall be located a minimum of three (3') feet from any
side yard property line, unless established by Planning Commission as a joint driveway
during discretionary review per Section 9-3.301."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
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 15th day of
September ,1998.
ATTEST:
L�
CITY CLERV
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331
332
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.
824 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on September 1 11998, and adopted at ameeting
held on September 15 1998, by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) a
CHERYL JO O CITY CLERK
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