Ordinance Number 762253
ORDINANCE NO. 762
AN AMENDMENT TO TITLE 9. CHAPTER 3 OF THE MUNICIPAL
CODE REGARDING COMMERCIAL ZONE DISTRICT REGULATIONS
AND ADDING DEFINITIONS TO APPENDIX "A"
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTIONS 9-3.411, TOURIST COMMERCIAL (CT) DISTRICT,
9-3.412, OFFICE COMMERCIAL (CO) DISTRICT, 9-3.413, NEIGHBORHOOD
COMMERCIAL (CN) DISTRICT AND 9-3.414, GENERAL COMMERCIAL
(CG) DISTRICT OF THE MUNICIPAL CODE (COMMERCIAL ZONE
DISTRICT AMENDMENTS) AND ADDING DEFINITIONS TO APPENDIX "A"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findinias.
1. The City Council, on June 7, 1994, approved Ordinance 748, Establishing
Moratorium- Certain Development Applications Within General Commercial District (Urgency)
and directed staff to prepare draft amendments to the Land Use Code's commercial district
regulations, with specific emphasis on the general commercial zone district; and,
2. On July 19, 1994, the City Council granted an extension of Ordinance 748,
said ordinance being in full force and effect until Thursday, May 4, 1994; and,
3. The proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
4. The Environmental Administrator has reviewed the project pursuant to Section
15061 of the California Environmental Quality Act (CEQA) and has issued a negative declaration and
caused a Notice of Negative Declaration to be posted pursuant to the City's Environmental Review
Guidelines, and has otherwise complied with all applicable provisions of the California Environmental
Quality Act (CEQA); and,
5. The Planning Commission has considered the Environmental Review Board's
determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA) and
conducted a duly noticed public hearing on February 14, 1995 pursuant to Section 9-2.313 of the
Municipal Code to consider public testimony on the proposed project; and,
6. The City Council has considered the Environmental Review Board's
determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA) and
conducted a duly noticed public hearing on March 21, 1995 pursuant to Section 9-2.313 of the
Municipal Code to consider public testimony on the proposed project.
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SECTION 2. Amendment Text.
Based upon the findings set forth in Section I preceding, the following amendments to the Municipal
Code are hereby enacted:
A. Section 9-3.411. Tourist Commercial (CT) District, is hereby amended in its
entirety to read as follows:
"(a) Purpose and Intent. The purpose and intent of the Tourist Commercial (CT) District is
to provide for small-scale retail and service uses within the area immediately adjacent to the Mission
San Juan Capistrano which would serve tourists as well as residents. Development projects in the
Tourist Commercial (CT) District should be designed to reflect the Spanish heritage and semi -rural
character of the community and be compatible with the historic significance of the downtown (esp.
Mission San Juan Capistrano).
"(b) Principal uses and structures permitted. The following principal uses and structures shall
be permitted in the Tourist Commercial (CT) District:
"(1) Retail uses, such as the sale of artwork, photography, wine (including wine tasting),
antiques, curios, gifts, novelties, books, jewelry, leather goods, pottery, and similar items;
"(2) Retail sale of apparel, fabric, dry goods, ornamental plants, flowers, candy, baked goods,
hobby supplies, art and craft supplies, photography supplies, stationery, newspapers, magazines, and
similar items which require small-scale retail outlets which are consistent with a pedestrian shopping
environment;
"(3) Service uses including barber shops, beauty shops, tailor shops, photography studios,
watch repair, ticket agencies, locksmiths;
"(4) Restaurants (except drive-in and drive-through types), ice cream parlors, delicatessens;
"(5) Medical and dental offices, maximum of three (3) such offices per development;
"(6) General office uses, such as business, professional, real estate, travel agencies, and
similar office uses;
"(7) Public and semi-public buildings, services, and facilities, including museums, libraries,
governmental buildings, parks, public utility offices and exchanges, bus, taxicab, and railroad stations,
and tourist information centers, but excluding public schools, police stations, fire stations, and
hospitals;
"(8) Business, vocational, and professional schools not requiring outdoor facilities, including
secretarial, art, dance, drama, music, barber and beauty, but excluding swimming schools, pre-
schools, and public and private primary and secondary schools;
"(9) Parking lots; and,
"(10) Walk-in theaters;.
"(c) Accessory uses and structures permitted. The Director may establish limits on accessory
uses based on the extent to which such uses would alter the character of the district. The following
accessory uses and structures shall be permitted in the Tourist Commercial (CT) District:
"(1) Outside sales, display, and storage as set forth in Section 9-3.616 of this Title;
"(2) Three (3) or fewer game machines;
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"(3) Small-scale finishing or working of jewelry, leather goods, pottery, and similar items;
"(4) Automated teller machines.
"(d) Conditional uses and structures permitted. The following conditional uses and structures
may be permitted in the Tourist Commercial (CT) District subject to the approval of a conditional
use permit:
"(1) Dancing and live entertainment;
"(2) Dwellings, townhouse or apartment, in conjunction with a commercial establishment or
use;
"(3) Meetings and seminars;
"(4) Taverns and brewpubs;
"(5) Hotels and motels; and
"(6) Fuel dispensing stations in compliance with Section 9-3.624.
"(e) Development requirements. All development and redevelopment in the Tourist
Commercial (CT) District shall conform to the following standards:
"(1) General. Projects shall comply with the design principals pertaining to scale, pedestrian
orientation, site design, and alternative (non -automobile) forms of transportation established in
General Plan Community Design Element;
"(2) Architectural design. Projects shall comply with the applicable policies of the City's
adopted Architectural Design Guidelines;
"(3) Prohibited features. Features which detract from the architectural design including, but
not limited to, concrete, paint -on facades, super graphics, and structures which visually dominate
historic sites or buildings shall be prohibited.
"(f) Development standards. The yard (setback) requirements, minimum lot sizes, minimum
street frontage, and related standards for the Tourist Commercial (CT) District shall be as set forth
in Section 9-3.424.
"(g) Development review and plans.
"(1) Projects proposed within the Tourist Commercial (CT) District shall be subject to
development review as set orth in Section 9-2.306 of Article 3 of Chapter 2 of this title.
"(2) Plans required for review of projects within the Tourist Commercial (CT) District shall
be subject to administrative authority of the Planning Director who will maintain "submission
requirements" for each discretionary application process.
"(h) Supplementary district regulations. For sign, parking, swimming pool, and similar
regulations for the Tourist Commercial (CT) District, see Article 6 of this chapter."
B. Section 9-3.412. Office Commercial (CO) District, is hereby amended in its
entirety to read as follows:
"(a) Purpose and Intent. The purpose and intent of the Office Commercial (CO) District is
to provide for the development of office centers and accessory retailing and service uses to permitted
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office uses; and, provide for the small-scale development of office complexes and individual buildings
which can be located so as to be compatible with adjacent properties.
"(b) Principal uses and structures permitted. The following principal uses and structures shall
be permitted in the Office Commercial (CO) District:
"(1) General office uses such as business, professional, real estate, travel agencies, and similar
office uses;
"(2) Financial service uses, such as banks, savings and loan associations, and credit unions;
"(3) Medical and dental offices, including medical centers and complexes;
"(4) Public and semi-public buildings, services, and facilities, including museums, libraries,
government buildings, parks, public utility offices and exchanges, bus, taxicab, and railroad stations,
and tourist information centers, but excluding public schools, police stations, fire stations, and
hospitals;
"(5) Business, vocational, and professional schools not requiring outdoor facilities, including
secretarial, art, dance, drama, music, barber and beauty, but excluding swimming schools, pre-
schools, and public and private primary and secondary schools.
"(c) Accessory uses and structures permitted. The Director may establish limits on accessory
uses based on the extent to which such uses would alter the character of the district. The following
accessory uses and structures shall be permitted in the Office Commercial (CO) District:
"(1) Office cafeterias, delicatessens, snack bars, pharmacies, newsstands, mail services, and
other small-scale accessory retail uses (may be permitted outdoors as set forth in Section 9-3.616;
"(2) Small-scale personal services such as barber, beauty, and manicure shops; and,
"(3) Automated teller machines.
"(d) Conditional uses and structures permitted. The following conditional uses and structures
may be permitted in the Office Commercial (CO) subject to the approval of a conditional use permit:
"(1) General retail uses;
"(2) Dwellings, townhouse and apartment;
"(3) Veterinary offices and clinics;
"(4) Public and private elementary schools requiring no outdoor facilities; and,
"(5) Religion related uses, including churches, temples, synagogues, convents, monasteries,
religious retreats, and other places of religious worship.
"(e) Development standards. The yard (setback) requirements, minimum lot sizes, minimum
street frontage, and related standards for the Office Commercial (CO) District shall be as set forth
in Section 9-3.424 of this Title.
"(f) Development plans and review.
"(1) Plans required for review of projects within the Office Commercial (CO) District shall
be subject to administrative authority of the Planning Director who will maintain "submission
requirements" for each discretionary application process.
"(2) Projects proposed within the Office Commercial (CO) District shall be subject to
development review as set orth in Section 9-2.305 of Article 3 of Chapter 2 of this title.
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"(g) Supplementary district regulations. For sign, parking, swimming pool, and similar
regulations for the Office Commercial (CO) District, see Article 6 of this chapter."
C. Section 9-3.413. Neighborhood Commercial (CN) District, is hereby amended
in its entirety to read as follows:
"(a) Purpose and intent. The purpose and intent of the Neighborhood Commercial (CN)
District is to provide for small-scale, convenience retail shopping facilities at the neighborhood level
located in accordance with the General Plan and encourage the compatible integration of small-scale,
shopping centers into the neighborhood area which it serves.
"(b) Principal uses and structures permitted. The following principal uses and structures shall
be permitted in the Neighborhood commercial (CN) District:
"(1) Retail sales of meats, groceries, baked goods, pharmaceutical, cosmetics, notions,
flowers, jewelry, stationery, apparel, newspapers, magazines, fabrics, liquor, computers, video/audio
media and similar retail uses which serve neighborhood residential areas.
"(2) Convenience services, such as dry-cleaners, laundromats, barber shops, beauty shops,
mail services and similar uses:
"(3) Financial services uses, such as banks, savings and loan associations, and credit unions;
"(4) General offices uses, such as business, professional, real estate, and similar office uses;
"(5) Medical and dental offices provided no more than three (3) such offices are contained
in any one development. Medical centers and complexes shall be prohibited in the Neighborhood
Commercial (CN) District; and
"(6) Public and semipublic buildings, services, and facilities, including museums, libraries,
government buildings, parks, public utility offices and exchanges, taxicab, and railroad stations, and
tourist information centers, but excluding public schools, police stations, fire stations, and hospitals.
"(c) Accessory uses and structures permitted. The Director may establish limits on accessory
uses based on the extent to which such uses would alter the character of the district. The following
accessory uses and structures shall be permitted in the Neighborhood Commercial (CN) District:
"(1) Eating and drinking establishments;
"(2) Parking lots;
"(3) Outside sales, displays, and storage per Section 9-3.616; and,
"(4) Automated teller machines.
"(d) Conditional uses and structures. The following uses and structures may be permitted in
the Neighborhood Commercial (CN) District subject to the approval of a conditional use permit:
"(1) Fuel dispensing stations in compliance with Section 9-3.624;
"(2) Child day care centers;
"(3) Veterinary offices and clinics;
"(4) Larger -scale retail uses including of auto parts supplies, bicycles, hardware, paint, floor
and wall covering materials, pets, sporting goods; and
"(5) Religion related uses, including churches, temples, synagogues, convents, monasteries,
religious retreats, and other places of religious worship.
"(6) Eating and drinking establishments (freestanding).
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"(e) Development requirements. The following requirements shall apply in the Neighborhood
Commercial (CN) District;
"(1) General. Development shall comply with the Community Design Element's general
design principles pertaining to scale, pedestrian orientation, site design, and alternative transportation
(non -automobile).
"(2) Architecture. Development shall comply with the City's adopted Architectural Design
Guidelines.
"(3) Scale. Neighborhood centers will be scaled to serve the residential neighborhoods which
adjoin and would be served by them. Buildings shall be arranged in pedestrian -oriented, clusters of
shops as opposed to arranged in a single linear structure. Maximum floor areas for major tenants
shall approximate 22,000 square feet for food markets and 16,000 square feet for drug and/or variety
stores.
"(f) Development standards. The yard (set -back) requirements, minimum lot sizes, minimum
street frontage, and related standards, for the Neighborhood commercial (CM) District shall be as set
forth in Section 9-3.424.
"(g) Development plans and review.
"(1) Plans required for review of projects within the Neighborhood Commercial (CN) District
shall be subject to administrative authority of the Planning Director who will maintain "submission
requirements" for each discretionary application process.
"(2) Projects proposed within the Neighborhood Commercial (CN) District shall be subject
to development review as set forth in Section 9-2.305 of this Title.
"(h) Supplementary district regulations. For sign, parking, fence, swimming pool, and similar
regulations for the Neighborhood commercial (CN) District, see Article 6 of this chapter. (3.413,
Ord. 293, as amended by 2, Ord 409, eff. August 1, 1980)."
D. Section 9-3.414. General Commercial (CG) District, is hereby amended in its
entirety to read as follows:
"(a) Purpose and intent. The purpose and intent of the General Commercial (CG) District is
to provide for a wider range of commercial land uses than those permitted in the Tourist Commercial
(CT) District and Neighborhood Commercial (CN) District in order to accommodate most of the
retail and service needs of the residents of the City.
"(b) Principal uses and structures permitted. The following principal uses and structures shall
be permitted in the General Commercial (CG) District:
"(1) All principal uses permitted in the Tourist Commercial (CT), Office Commercial (CO),
and Neighborhood Commercial (CN) Districts;
"(2) Larger -scale retail uses including sales of bicycles, furniture, home appliances, groceries,
meats, liquor, musical instruments and supplies, hardware, paint, sporting goods, cosmetics,
pharmaceutical, auto parts and supplies, feed and grain, nurseries, and floor and wall covering
materials:
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"(3) Recreation and leisure uses without outdoor facilities, including pool and billiard centers,
bowling lanes, ice and roller skating rinks, theaters (excluding drive-ins), athletic/health clubs,
"(4) Dry-cleaners, laundromats, home appliance repairs;
"(5) Specialized service uses, including bicycle repairs, pet grooming, and computer and data
processing centers;
"(6) Restaurants, including drive-in and drive-thru types, delicatessens, ice cream parlors;
"(7) Public facilities including fire stations and police stations;
"(8) Pet stores;
"(9) Secondhand stores; and
"(10) Private clubs and lodges.
"(c) Accessory uses and structures permitted. The Director may establish limits on accessory
uses based on the extent to which such uses would alter the character of the district. The following
accessory uses and structures shall be permitted in the General commercial (CG) District:
"(1) Outside sales, displays, and storage per Section 9-3.616 of this Title;
"(2) Caretaker residences per Section 9-3.612 of this Title; and,
"(3) Game machines, three (3) or less.
"(d) Conditional uses and structures permitted. The following uses and structures may be
permitted in the General Commercial (CG) district subject to the approval of a conditional use permit:
"(1) Recreational uses requiring outdoor facilities, including night lighting for such facilities,
such as tennis clubs, in compliance with Sections 9-3.607 and 9-3.614 of this Title.
"(2) Fuel dispensing stations in compliance with Section 9-3.624;
"(3) Bookbinding;
"(4) Child day care centers;
"(5) Dwellings, townhouse or apartment;
"(6) Hospitals;
"(7) Mortuaries;
"(8) Veterinary offices and clinics;
"(9) Dancing and live entertainment;
"(10) Taverns and brewpubs;
"(11) Religion related uses, including churches, temples, synagogues, convents, monasteries,
religious retreats, and other places of religious worship;
"(12) Game machine centers (more than 3);
"(13) Adult businesses (per Section 9-3.626);
"(14) Ambulance services;
"(15) Taxi -cab services;
"(16) Hotels and motels; and,
"(17) Meetings and seminars.
"(18) Automated car washes permitted only in conjunction with fuel dispensing stations in
compliance with Section 9-3.624.
"(e) Development standards. The yard (set -back requirements, minimum lot sizes, minimum
street frontage, and related standards for the General commercial (CG) District shalt be as set forth
in Section 9-3.424 of this Title.
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"(f) Development plans and review.
"(1) Plans required for review of projects within the General Commercial (CG) District shall
be subject to administrative authority of the Planning Director who will maintain "submission
requirements" for each discretionary application process.
"(2) Projects proposed within the General Commercial (CG) District shall be subject to
development review per Section 9-2.306.
"(g) Supplementary district regulations. For sign, parking, fence, swimming pool, and similar
regulations for the General Commercial (CG) District, see Article 6 of this chapter."
E. Section 9-3.624. Service Station Standards, is hereby amended as follows:
Revise the title of Section 9-3.624 to read as follows:
"Section 9-3.624, Service Stations & Fuel Dispensing Stations"
Revise the text of Section 9-3.624(b) to read as follows:
"(b) Locational criteria. Service stations and fuel dispensing stations shall
not be located in the Design (D) Overlay District of the City defined as properties bordered
by Interstate -5, San Juan Creek, Trabuco Creek, and La Zanja Street."
F. Appendix "A", Definitions
Add the following definitions to Appendix "A":
Automated Car Wash: An enclosed building/facility designed for self-service wash
and/or was of motor vehicles by mechanical means only. Such facilities shall not include any interior
cleaning, detailing, prepping, hand washing, or hand wiping by any employees.
Brewpubs: A commercial business which conducts the retail sale of beer (malt
beverages with alcohol content as defined by Federal law) which is brewed on the premises in
compliance with applicable State and Federal laws. Such establishments may also include restaurants
as an accessory use. Live entertainment is subject to the use requirements of district in which the
establishment is located.
Fuel Dispensing Stations: A commercial business which conducts the retail sale of
motor vehicle and related petroleum-based fuels including but not limited to gasoline, diesel, ethanol,
and propane fuels. Such establishments may also include accessory retail sales of such items as
automobile accessories (fuel additives, oil, cleaners, maps), cigarettes, newspapers & magazines,
candy, toiletries, non-alcoholic beverages, packaged foods, and similar items. Automobile service
and repair is expressly prohibited.
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Mail Services: A commercial business which conducts the retail sale of stationery
products, provides packaging and mail services (both US Postal and private service), and provides
mailboxes for lease.
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 4th day of
1995.
CAROLYN NASH, MAYOR
ATTEST:
CITY CLERW��
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Fa
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.
762 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on March 21st 1 1995, and adopted at a meeting
held on April 4th , 1995, by the following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHN9W, CITY CLERK
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