Ordinance Number 754155
ORDINANCE NO. 754
• 1 I , I 1 1' -' 1
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1 1 1 4 1 111► ''1kill)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A NEGATIVE DECLARATION AND AMENDING VARIOUS
SECTIONS IN TITLES 2 (ADMINISTRATION), 8 (BUILDING REGULATIONS)
AND 9 (LAND USE) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
TO CLARIFY CERTAIN SECTIONS, CORRECT INTERNAL
INCONSISTENCIES AND ADD CERTAIN NEW PROVISIONS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
a. Title 9 of the Municipal Code includes inconsistencies which can make
implementation and administration of the Title difficult.
b. The City has issued a Negative Declaration pursuant to the provisions of the
California Environmental Quality Act (1970) and otherwise carried out all applicable provisions of
that Act.
C. This amendment to the Municipal Code is consistent with the goals, policies
and objectives of the San Juan Capistrano General Plan.
d. The Planning Commission conducted a public hearing on the proposed
amendment and recommended approval to the City Council.
1 ' r1 ' 1 4==M_
Based upon the findings set forth in Section 1, preceding, the following amendments
to the Municipal Code are hereby enacted.
1. Section 2-2.108 (Officers), first paragraph, shall be amended to read as
follows:
"Each commission and board shall annually elect one of its members as chairman and
one of its members as vice-chairman. Such election shall take place at the first meeting in April of
each year."
The remainder of Section 2-2.108 shall remain unchanged.
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2. Section 8-13.102 (Required information of gate guarded neighborhood plan)
shall be amended to add the following subsection (f):
"(f) Architectural and landscape plans, indicating materials, colors, construction details,
lighting, signs, landscaping and pavement treatments shall be submitted for review by the Director
of Planning or his designee to determine consistency with the Community Design Element of .the
General Plan and the City's adopted Architectural Design Guidelines. No building permits shall be
issued until such determination is made."
3. The General Plan Consistency Matrix contained in Section 9-2.102 shall be
amended as indicated in Exhibit 1.
4. Sections 9-2.304(c) (1), (2), (3) and (4) (Variances and exceptions) shall be
amended to read as follows:
"(1) There are special circumstances applicable to the property, including size,
shape, topography, location, or surroundings such that the strict application of this code would
deprive such property of privileges enjoyed by other properties in the vicinity and under identical
zoning classification.
"(2) The granting of the variance will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone district in which such
property is situated.
"(3) The variance will not result in development which is otherwise inconsistent
with the provisions of Title 9 of the Municipal Code.
"(4) The variance will not result in development which is inconsistent with the
goals, policies and objectives of the General Plan."
The title of Section 9-2.306 (Design Review ...) shall be amended to read as
follows:
"Section 9-2.306. Design review for non-residential projects or residential projects
with a gross density of eight units per acre or more."
6. Section 9-2.306(b)(1) (Design Review ...) shall be amended to add the
following subsection (ak):
"(ak) A geotechnical report, which contains a soils condition analysis and subsurface
geological analysis prepared in accordance with City guidelines."
follows:
Section 9-2.306(c)(3) (Design Review ...) shall be amended to read as
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"(3) The Planning Commission shall consider and take an action on the merits of
the application in the form of an adopted resolution, containing a statement of findings and any
conditions which may be imposed on the application. In making a motion to approve, the Planning
Commission shall make the following findings:
"(aa) The project plans comply with all provisions of Title 9 of the San Juan
Capistrano Municipal Code;
"(ab) The site plan is compatible with existing and proposed land uses.
"(ac) The architectural design of the project is generally consistent with the
goals, policies and objectives of the Community Design Element and all other applicable provisions
of the General Plan;
"(ad) The general site considerations, including open space and topography,
orientation and location of buildings on site, vehicular access, circulation and parking, setbacks,
building height, public safety and similar elements have been designed to provide a desirable
environment for the public;
"(ae) The general design considerations, including the character, scale and
quality of the design are consistent with the adopted Architectural Design Guidelines of the City, that
the architectural relationship with the site and other buildings, including building materials, colors,
screening of exterior appurtenances, exterior fighting and signing and similar elements, have been
incorporated in order to insure the compatibility of this development with the character and scale of
adjacent buildings;
"(af) The site plan is functional and safe in regards to existing or mitigated
off-site conditions as they relate to adequacy of vehicular, bicycle and pedestrian circulation; and,
"(ag) The general landscape design, including the location, type, size, color,
texture and coverage of plant materials has been considered to insure visual relief to complement
buildings and structure, and to provide an attractive environment for the enjoyment of the public.
"If one or more of the above -stated findings cannot be made to approve the
application, the Planning Commission shall deny the application citing specific reasons in support of
their action."
S. Section 9-2.31l(a)(1) and Section 9-2.311(a)(1)(A) (Public improvement
plans and outside agency development) shall be amended to read as follows:
"(1) Project plans and reports shall be filed with the Department of Planning
Services.
"Upon receipt of project plans and reports, they shall be reviewed by the Environmental
Administrator to:
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"(A) Determine the environmental impacts of the project and either issue
a categorical exemption, negative declaration, or require preparation of an Environmental Impact
Report in accordance with Section 9-2.201, if a City -initiated project;"
Section 9-2.311(a)(1)(B) shall remain the same.
9. Section 9-2.311(b) (Public improvement plans and outside agency
development) shall be amended to read as follows:
"(b) Review procedure. Upon receipt of project plans and consideration by the
Environmental Administrator and any additional environmental documentation (preparation of draft
EIR), the Department of Planning Services shall cause the application to be transmitted to all
responsible departments. The secretary to the applicable boards/commissions shall cause to be
prepared a staff report for transmittal and review by said board/commission."
10. Section 9-3.304 (Specified uses requiring Condition Use Permits) shall be
amended to read as follows:
"The authority for the operation of any of the following uses and the specific locations
for such uses shall be subject to the approval of a conditional use permit in each individual case.
Structure heights in excess of the maximums permitted in the applicable district may be permitted for
such uses without a variance proceeding if the Planning Commission determines that such height is
necessary for the operation of the use in question and a conditional use permit is approved for the use
or structure in question:
"(a) Cemeteries;
"(b) Mining, oil drilling, and other resource extraction, together with the necessary
incidental buildings and appurtenances;
"(c) The removal and/or stockpiling of earth in quantities greater than 200,000
cubic yards, other than such operations connected with the construction of roadways, structures, or
public improvements;
"(d) Radio and television towers and stations, radar installations, microwave relay
stations, and kindred uses;
"(e) Religious, fraternal, or service organizations (non-profit). Such uses include
churches, temple, synagogues, monasteries, religious retreats, and other places of religious worship
and other fraternal and community service organizations.
9-3.630.
"(f) Bed and breakfast establishments subject to the standards contained in Section
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"(g) Hazardous waste facilities subject to the standards contained in Section
9-3.361."
11. Subsections (i) and (4) of Section 9-3.408(f)(3), (Mobile Home Park District)
shall be deleted in their entirety and replaced with subsections (i) - (iv) to read as follows:
"(i) The minimum distance required for the separation of a mobile home from a
permanent building shall be 10 feet. The minimum distance required for the separation of a
mobilehome from any other mobile home shall be 10 feet from side to side, eight feet from side to
front or rear, and six feet from rear to rear, or front to front, or front to rear. A mobile home shall
be located a minimum of three feet from all lot lines. Exception: A three-foot setback is not required
from a lot line bordering a roadway.
"(ii) In mobile home parks, or portions thereof, constructed prior to September 15,
1961, no mobile home shall be located closer than six feet from any permanent building or another
mobile home.
"(iii) Mobile home projections, including eave overhangs, may intrude into the
required setback area to within three feet from adjacent lot lines not bordering a roadway.
Projections shall not extend beyond a lot line bordering a roadway.
"(iv) When a mobile home has projections including eave overhangs, the projections
may intrude into the distance required for separation or setback provided that a minimum of six feet
separation is maintained between the edge of the projection and an adjacent mobile home, building,
accessory structure or its projection. A minimum of three feet shall be maintained from the mobile
home projection and the adjacent lot line or property line."
12. Section 9-3.417(b)(6), Industrial Park District, permitted uses, shall be
amended to read as follows:
"(6) Vehicle, boat and equipment sales, rentals and teasing."
13. Section 9-3.423.3(c)(2), Farm Market District, shall be amended to read as
follows:
"(2) Delicatessens, snack bars, and ice cream stores provided that adequate parking,
consistent with Section 9-3.602 (Off-street parking) of this Code is provided;"
14. Section 9-3.423.5(c)(5)(iv), Planned Development District standards shall be
amended to read as follows:
"(iv) Open area. Each project within the Planned Development (PD) District shall
devote a minimum percentage of net project area to open area, as defined in Section 9-3.424(b)(2)
and as set forth in Table 3B."
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follows:
15. Section 9-3.424(b)(3), Development standards, shall be amended to read as
"(3) Open areas. Open areas shall meet the following criteria:
"(i) Open areas shall be defined as land area not devoted to or covered -by
structures or any area serving motor vehicles (such as parking areas, loading areas, driveways, streets
or alleys), and not part of any required perimeter buffer yard;
"(ii) Areas not a part of a manufactured or altered slope having a ratio of steeper
than three to one (3:1);
"(iii) Areas with a minimum width of ten (10) feet and a minimum contiguous area
of 300 square feet."
16. Section 9-3.424(b)(9), Development Standards, shall be amended to read as
follows:
"(9) Building setback encroachments into required yards. On lots with an
existing building setback encroachment into a required yard, structural additions having the same said
encroachments shall be permitted without the approval of a variance. However, no new
encroachment in excess of that existing, nor any new encroachment may be permitted without the
approval of a variance (see Section 9-1.305 of Article 3 of Chapter 1 of this Title)."
17. Section 9-3.424(b)(13), Development Standards, shall be amended to read as
follows:
"(13) Architectural Projections into side yards. Architectural projections may extend
into required side yards not more than forty percent (40%) of the applicable district requirement, or
more than three feet (3') whichever is greater. Exceptions to these standards may be granted by the
Planning Commission in accordance with Section 9-2.304.
Exceptions to the standards set forth in this subsection may be granted, subject
to the criteria set forth in Section 9-2.303 of Article 3 of Chapter 2 of this title. In addition,
exceptions to the maximum building height may be granted. The maximum height which can be
reviewed as an exception is the building height as measured from the average finish grade. Projects
in excess of the height limit as measured from the average finish grade shall require the review of a
zone variance."
18. Section 9-3.603(f)(17), Signs, shall be amended to read as follows:
"(17) Directional identification signs. Directional identification signs may be located
in a project area such that they direct customers to a business establishment. This provision applies
only to those businesses that are not visible by pedestrians or by motorists parking their automobiles.
The size and location of these directional identification signs shall be determined by the Planning
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Director. If there is an approved sign program, the directional signs shall be consistent with the
program. Such signs may be illuminated only by indirect lighting. The area of such signs shall not
be included within the calculation of the aggregate area authorized for those businesses."
19. Section 9-3.603(g)(2)(ac), Signs, shall be amended to read as follows:
"(ac) Construction signs. A maximum of one construction sign identifying the
project to be built on the site and the project participants shall be permitted; provided the sign area
does not exceed six (6) square feet and overall height does not exceed five (5) feet."
20. Section 9-3.603(g)(2)(am), Signs, shall be amended to read as follows:
"(am) Noncommercial sign. A noncommercial message may be posted in any
residential district subject to the size, height and location requirements of subsections (f)(9)(ab)(i, ii,
iii, and iv) of this section;"
section;"
21. Section 9-3.603(h)(6), Signs, shall be amended to read as follows:
"(6) Off-site signs, except those specifically permitted by subsection (f)(ab) of this
22. Section 9-3.614(a), Lighting, shall be amended to read as follows:
"(a) Purpose and Intent. It is the goal of the General Plan of the City to maintain
a small -village, rural atmosphere and to ensure that all future developments reiterate these qualities.
Exterior lighting is to serve both an aesthetic and safety function at the same time. To meet this goal,
site lighting should be kept to a minimum level and still provide safety to the public. However, the
City recognizes that certain uses may require more intensive lighting for outdoor display areas.
Therefore, the City has included provisions for sufficient lighting of outdoor display areas within the
limits of acceptable community standards."
23. Section 9-3.614(c) shall be amended to read as follows:
"(c) Outdoor recreational use. Outdoor night lighting for all recreational uses,
except that required for security purposes, shall be subject to issuance of a conditional use permit by
the City. All outdoor lighting shall be designed to substantially confine all direct rays to the subject
property and away from streets and adjoining properties. For additional specific standards regarding
tennis courts, refer to Section 9-3.607(e)(4) of this chapter. Outdoor lighting shall comply with the
following standards:
"(1) Intensity: The average and/or maximum light intensity, measured in
footcandles, shall not exceed the recommended average or maximum guideline established for the
proposed recreational use by the Illuminating Engineering Society. The City may, as part of the
conditional use permit process, restrict lighting to a level less than the Illuminating Engineering
Society recommended guideline.
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"(2) Height: The maximum height of outdoor lighting for courts (basketball,
volleyball, handball, horseshoe, etc.) shall not exceed 25 feet measured from finished grade. The
maximum height of outdoor lighting for athletic fields (baseball, softball, football, soccer, etc.) shall
not exceed the recommended guideline established by the Illuminating Engineering Society. The City
may, as part of the conditional use permit process, restrict height to a level less than the Illuminating
Engineering Society recommended guideline.
"(3) Type: Lighting type shall be limited to high pressure sodium or metal halide.
The Planning Commission may approve an exception to allow other types of lighting if they find such
lighting will be consistent with the intent and purpose of this section.
"(4) Shielding: Lighting shall be directed to areas within the property line to
minimize glare in surrounding areas. Light spillover and glare shall be minimized by using fixture
cutoffs and optically controlled luminaries at the boundaries of lighted areas.
"(5) Required review: All proposals for outdoor recreation lighting shall require
review of a conditional use permit. Conditional use permits for such lighting must meet Departmental
submission requirements include a photometric plan which indicates the layout, location, type,
wattage, surface intensity (in footcandles at a 20 -foot grid or smaller), maximum to minimum
intensity ratio, average intensity, height, and manufacturers performance criteria."
24. Subsection (e) shall be added to Section 9-3.614, to read as follows:
"(e) Display area lighting. Display area lighting as defined by Section 9-3.616,
outdoor display merchandise and products shall meet the following standards:
"(1) Intensity. The lighting plan will optimize the dispersion of light for a smooth
transition throughout the display area. The amount of display area light projected onto the ground
surface shall not exceed a 50 -footcandle average (Initial light intensity) with an average to minimum
ratio less than 5:1. This shall be the initial reading and not the maintained level of lighting.
"(2) Height. The height of exterior lighting fixtures shall be as follows:
"(aa) Building Mounted lights shall be located below the eave.
"(ab) Pole Mounted. The maximum height shall not exceed twenty (20) feet as
measured from finish grade to the top of the light fixture. Concrete pedestals used to protect the light
pole shall not exceed twenty-four (24) inches in height and shall be included in the overall height
calculation.
"(ac) Roof Mounted lights are prohibited.
"(3) Type of luminaire. Luminaires shall be of contemporary "box type" design or
other alternative which complies with Section 9-3.614(e)(5). Luminaires shall be mounted in a
horizontal position and may be uptilted a maximum of 10 degrees as long as lighting remains confined
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to the display area. The City, as part of the discretionary review process, may prohibit uptilted
lighting.
"(4) Hours of operation. Display lighting shall be turned off or reduced in intensity
at 10:00 p.m. or one-half hour after the close of business, whichever is earlier. The reduced lighting
intensity shall comply with the standards of Section 9-3.614(b)(1).
"(5) Shielding. Lighting shall be directed to areas within the property line to
minimize glare in surrounding areas. Light spillover and glare shall be minimized by using fixture
cutoffs and optically -controlled luminaires.
"(6) Required review. All proposals for outdoor display lighting shall require
review of an architectural control application or modification. Such applications must meet
departmental submission requirements including a photometric study which indicates the layout,
location, type, wattage, surface intensity (in footcandles on a 20 -foot grid or smaller), maximum to
minimum intensity ratio, average intensity, height, and manufacturers performance criteria. The
photometric study shall delineate the limits of display area, storage and customer parking."
25. Section 9-3.615(b)(1), Noise, is hereby amended to read as follows:
"(1) The following noise standards shall be used as the base of measurement for
determining noise violations within residential, public and institutional, and commercial districts.
Industrial districts are not subject to noise standards:
"(i) Residential and public and institutional districts:
Noise Level
55 dBA
45 dBA
"(ii) Commercial districts:
Noise Level
65 dBA
Time Period
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
Time Period
At any time during the day"
Each of the noise levels set forth in this subsection shall be reduced by five (5) dB(A)
for impacts of simple tone noises or noises consisting of speech or music.
26. Section 9-3.615(b)(2), Noise, shall be amended to read as follows:
"(2) It shall be unlawful for any person at any locations within the City to create
any noise, or permit the creation of any noise which causes the noise level within a regulated district
to exceed:"
The remaining numbers (i) through (v) of Section 9-3.615(b)(2) shall remain the same.
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27. Section 9-3.620(b)(1), Horses and stables shall be amended to read as follows:
"(1) Setbacks. The setback requirements shall pertain to all structures which relate
to equines, and exercise or grazing areas. Such facilities shall be subject to the following provisions:
28. Section 9-3.629(b), Recycling facilities, shall be amended to add subsections
(13), (14) and (15) to read as follows:
"(13) Development project. Development project shall mean any of the following:
"(i) A project of which a building permit is required for a commercial, industrial,
or institutional building, marina, or residential building having five or more living units, where solid
waste is collected and located and any residential project where solid waste is collected and loaded
in a location serving five or more living units.
"(ii) Any new public facility where solid waste is collected and located and any
improvements for areas of a public facility used for collecting and loading solid waste.
"(14) Recycling area (areas for recycling). Recycling areas shall mean space
allocated for collecting and loading of recyclable materials.
"(15) Project for which a building permit is required. A project for which a building
permit is required includes all new projects, any single alteration of an existing project requiring a
building permit, and any sum total of alterations requiring a building permit to an existing project
conducted within a twelve-month period."
follows:
materials.
29. Section 9-3.629 shall be amended to add a new subsection (d) to read as
"(d) General requirements for on-site collection and loading facilities for recyclable
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From
From property
From pasture/
From pasture/
From paddocks/
property line
line to pasture/
exercise area
exercise area
box stall to
to paddocks/
exercise area on
to setback line
and paddocks/
setback line
box stall on
same lot
for residences
box stall to
from residence
same lot
on adjacent lot
residence on
on adjacent lot
the same lot
Front Yard
20 feet
20 feet
35 feet
0 feet
50 feet
Side Yard
15 feet
10 feet
35 feet
0 feet
50 feet
Rear Yard
15 feet
10 feet
3 5 feet
0 feet
50 feet
28. Section 9-3.629(b), Recycling facilities, shall be amended to add subsections
(13), (14) and (15) to read as follows:
"(13) Development project. Development project shall mean any of the following:
"(i) A project of which a building permit is required for a commercial, industrial,
or institutional building, marina, or residential building having five or more living units, where solid
waste is collected and located and any residential project where solid waste is collected and loaded
in a location serving five or more living units.
"(ii) Any new public facility where solid waste is collected and located and any
improvements for areas of a public facility used for collecting and loading solid waste.
"(14) Recycling area (areas for recycling). Recycling areas shall mean space
allocated for collecting and loading of recyclable materials.
"(15) Project for which a building permit is required. A project for which a building
permit is required includes all new projects, any single alteration of an existing project requiring a
building permit, and any sum total of alterations requiring a building permit to an existing project
conducted within a twelve-month period."
follows:
materials.
29. Section 9-3.629 shall be amended to add a new subsection (d) to read as
"(d) General requirements for on-site collection and loading facilities for recyclable
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"(1) Any new development project for which an application for a building permit
is submitted on or after October 1, 1995, shall include adequate, accessible, and convenient areas for
collecting and loading recyclable materials.
"(2) Any improvements for areas of a public facility used for collecting and loading
solid waste shall include adequate, accessible, and convenient areas for collecting and locating
recyclable materials.
11(3) Any project for which an application for a building permit is submitted on or
after October 21, 1994, for modifications that meet one or both of the conditions below shall include
adequate, accessible and convenient areas for collecting and loading recyclable materials:
area; or,
"(aa) modification to the project adds 30 percent or more to the existing floor
"(ab) the price of modification exceeds $50,000,000 (fifty thousand dollars) in value.
"(4) The following standards shall be applied to on-site recyclable materials
collection facilities:
"(aa) Single-family dwellings detached receiving Curbside Service: 133 cubic feet
of storage area, either interior or exterior, with minimum dimensions of 84 inches wide by 39 inches
deep by 72 inches high and not visible from adjacent rights-of-way or other properties.
"(ab) Multi -family dwellings attached receiving Curbside Service: 95 cubic feet of
storage area, either interior or exterior, with a minimum dimension of 60 inches wide by 38 inches
deep by 72 inches high and not visible from adjacent rights-of-way.
"(ac) Multi -family dwellings attached receiving Bin Service require the following
interiornod exterior storage areas:
Dwelling Units
External Space Allocation
Internal Space Allocation
3-8
606 cubic feet of storage area with
4 cubic feet of storage area
minimum dimensions 15' wide by 4'6"
within living area of each unit
deep
9-16
1,212 cubic feet of storage area with
4 cubic feet of storage area
minimum dimensions 15' wide by 4'6"
within living area of each unit
deep, no less than 200' from any unit
17 and above
Add 606 cubic feet to 1,212 cubic feet for
4 cubic feet of storage area
every 8 units over 16 with minimum
within living area of each unit
dimensions 15' wide by 4'6" deep, no less
than 200' from any unit
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"(ad) Commercial uses.
Land Use
Building Floor
External Space Allocation
Internal Space Allocation
Area
Office Retail
0 - 5,000 square
606 cubic feet with minimum
44 cubic feet with minimum
feet
dimensions 15' wide by 4'6" deep
dimensions 60" wide by 36"
deep by 74" high each suite
5,001 - 25,000
1,212 cubic feet with minimum
44 cubic feet with minimum
square feet
dimensions 15' wide by 4'6" deep,
dimensions 60" wide by 36"
no less than 300' from any suite
deep by 74" high each suite
25,001 square
Add 606 cubic feet to 1,212 cubic
44 cubic feet with minimum
feet and above
feet for every 5,000 square feet
dimensions 60" wide by 36"
over 25,001 with minimum
deep by 74" high each suite
dimensions 15' wide by 4'6" deep,
no less than 300 feet from any
suite
Restaurant
0 - 3,000 square
606 cubic feet with minimum
44 cubic feet with minimum
feet
dimensions 15' wide by 4'6" deep
dimensions 60" wide by 36"
deep by 74" high each suite
3,001 - 6,000
1,212 cubic feet with minimum
44 cubic feet with minimum
square feet
dimensions 15' wide by 4'6" deep,
dimensions 60" side by 36"
no less than 300' from any suite
deep by 74" high each suite.
6,001 square
add 606 cubic feet to 1,212 cubic
44 cubic feet with minimum
feet and above
feet for every 5,000 square feet
dimensions 60" wide by 36"
over 25,001 with minimum
deep by 74" high each suite.
dimensions 15' wide by 4'6" deep,
no less than 300' from any suite
Motel
0 - 50 room
606 cubic feet with minimum
n/a
Hotel
dimensions 15' wide by 4'6" deep
51 - 100 rooms
1,212 cubic feet with minimum
n/a
dimensions 15' wide by 4'6" deep,
no less than 300' from any suite
101 rooms and
Add 606 cubic feet to 1,212 cubic
n/a
above
feet for every 5,000 square feet
over 25,001 with minimum
dimensions 15' wide by 4'6" deep,
no less than 300' from any suite
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30.
as Subsection (e).
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167
Subsection 9-3.629(d), entitled "Recycling Facilities", shall be re -alphabetized
Section 9-4.112(a)(2), Slopes, shall be amended to read as follows:
"(2) Cut or fill slopes shall be no steeper than two (2) horizontal to one vertical.
All grading plans having slopes of a vertical height equal to or greater than five (5) feet and/or
involving the movement of 5,000 or more cubic yards of soils shall be prepared by a civil engineer
registered in the State. Where vertical heights are ten (10) feet or greater the grading plans shall be
accompanied by a landscaping plan, including an automatic irrigation system. Such landscaping plans
shall be prepared by a landscape architect registered in the State. All plans shall be submitted to the
City for review and approval. A geotechnical report, which contains a soils condition analysis and
subsurface geological analysis prepared in accordance with City guidelines."
32. Section 9-4.112(b)(1), Slopes, shall be amended to read as follows:
"(1) Terraces. All slopes thirty (30) feet or more in vertical height shall be terraced
at their mid -height. The vertical distance between terraces shall not exceed thirty (30) feet. The
terraces shall have a minimum width of forty percent (40%) of the vertical height of the slope, but
shall not exceed twenty (20) feet in width. Terraces shall be sloped from the top of the lower slope
to the toe of the upper slope at a grade often percent (10%). Drainage channels shall be placed on
the terrace a distance of one foot from the toe of the upper slope. The terrace shall change grade at
least once every two hundred (200) horizontal feet to provide an undulating and natural appearance,
but the average lateral grade shall be at least six percent (6%). The channel shall be so dimensioned
as required by hydraulic design but shall not exceed six (6) feet in width and three (3) feet in depth.
No drainage facility shall carry surface water tributary from an area exceeding 13,500 square feet
(projected). Open downdrains shall not be positioned perpendicular to a slope and shall have a
curvilinear alignment and be constructed of a material having a natural appearance, including earth -
toned concrete."
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
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168
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
November , 1994.
OLLE CAMP ELL, MAYOR
ATTEST:
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.
7Sa which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on November 1st 1 1994, and adopted at a meeting
held on November 15th 1994, by the following vote:
AYES: Council Members Jones, Hausdorfer, Nash and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Member Vasquez
(SEAL)
CHERYL JO N, ITY CLERK
-14-
169
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