Ordinance Number 670ORDINANCE NO. 670
ESTABLISHING A DESIGN REVIEW COMMISSION
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A DESIGN REVIEW COMMISSION
AND ESTABLISHING AUTHORITY AND DUTIES WITH RESPECT TO
THE OPERATION OF A DESIGN REVIEW COMMISSION
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendments.
1. Article 2 of Chapter 2 of Title 2 is hereby amended in its entirety to
read as follows:
"ARTICLE 2. DESIGN REVIEW COMMISSION.
Section 2-2.201. Created.
The Design Review Commission for the City is hereby created.
Section 2-2.202. Membership.
The Design Review Commission shall consist of a total of five (5) members of
which at least two (2) members shall be design professionals.
Section 2-2.203. Duties.
The Design Review Commission shall undertake and have the following duties,
responsibilities, and functions, together with the powers indicated as follows:
a. Assure that the detailed design of development projects are consistent
with the conceptual design parameters established by the Planning Com-
mission in accordance with Site Development Plan applications.
b. To approve, deny, or approve with modifications or conditions, the
detailed design of development projects to assure that they are
consistent with the City's specific design guidelines and regulations with
regard to architecture, landscaping, lighting, signage, etc.
C. Assist with the preparation and/or reviewing of specific design guidelines
and standards which will result in development that reflects the
community's physical design values.
d. Review Capital Improvement Plan projects during the design phase to
assure compliance with the City's Community Design Guidelines."
2. Municipal Code Section 9-2.301 entitled "Development Review" is
hereby amended in its entirety to read as follows:
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"Section 9-2.301. Development Review.
a. Development Review Procedures. Any residential growth management
application, tentative tract or parcel map, conditional use permit, zone
change, code amendment, or other development application as identified
throughout this title is subject to the development review process. All
public improvement plans and outside agency projects will be subject to
the provisions of Section 9-2.311. All commercial, industrial, office,
institutional, recreational, other non-residential development
applications or residential projects with gross density of eight (8) units
per acre or more will be subject to the provisions of Section 9-2.306.
b. Preliminary Review.
(1) Applications for various types of development application shall be
filed with the Department of Community Planning and Develop-
ment. Such application shall be in a form as prescribed by the
Director of Community Planning and Development and shall include
information as may be required to satisfy Environmental Impact
Report requirements. It shall be the obligation of the applicant to
file all necessary information prior to acceptance of the appli-
cation. Fees shall be collected at the time of application submittal
(reference Section 9-2.316).
Upon receipt of a complete application, it shall be reviewed by the
Environmental Review Board. The Board shall:
(A) Provide direction to the applicant regarding compliance with
the City's standards, regulations, and General Plan;
(B) Conduct
an Environmental Review pursuant to Section
9-2.201;
(C) Indicate
which reviewing boards/commissions shall be
involved
in the analysis and recommendation of the appli-
cation.
These shall include, but not be limited to:
(i)
Planning Commission,
(ii)
Design Review Commission,
(iii)
Traffic and Transportation Commission,
(iv)
Parks and Recreation Commission,
(v)
Equestrian and Recreational Trails Commission,
(vi)
Heritage Commission,
(vii)
Los Rios Review Committee,
(viii)
Appropriate outside agencies.
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C. Review Procedure. Following Environmental Review Board action, the
Land Use Manager shall cause the application to be transmitted to ail
responsible departments and outside agencies (thirty (30) day review
period). After all reviewing agencies have responded or at the end of
thirty (30) days, whichever is shorter, the Secretary to applicable
boards/commissions shall cause to be prepared a staff report for trans-
mittal and review by said board/commission.
Actions. Action shall be taken by the Planning Commission on each
application as follows:
(1) Forward a recommendation of approval if appropriate, with
conditions, or denial for code amendments, zone changes, General
Plan amendments, and tentative tract/parcel maps to the City
Council;
(2) Final discretionary action on zone variances and conditional use
permits that are not reviewed by Zoning Administrator,
architectural control, and other development applications as
identified throughout this title.
The Planning Commission may continue an item to seek additional
information, or further recommendations from reviewing agencies.
Appeals of the action of the Planning Commission may be made in
accordance with Section 9-2.314 for items reviewed under
paragraph (2) of this subsection.
Upon report of all applications listed under paragraph (1) of this
subsection, the City Council shall consider the application, staff
analysis, and recommendations from advisory boards/commissions
and public testimony (public hearing required), and take a final
action on the application. Said action may include approval as
submitted, approval subject to conditions/modifications, or denial
with findings. If the City Council takes an action based upon
information that was not available to or considered by the Planning
Commission, it shall not be considered final until the item is
referred back to the Planning Commission for report and recom-
mendation within thirty (30) days. If a report is not submitted to
the City Council within said time, the City Council shall take a
final action on the item.
e. Imposition of Conditions. In approving a development application, the
approving body shall impose conditions it deems necessary in order to
provide compatibility of the proposed development application with
existing and proposed land uses, for consistency with the goals, policies,
and objectives of the General Plan, and to otherwise enforce the
provisions of this title.
f. Expiration. Development applications shall expire twenty-four (24)
months after approval or conditional approval by the final decision
making body (except General Plan amendments, or code amendments,
and zone changes, which are adopted by ordinance and have no expiration
date), and conditional use permits, which shall have an initial approval
period of one (1) year.
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g. Extension of Time. The final decision making body may, upon
application filed a minimum of thirty (30) days prior to expiration of
approval, grant a time extension for an approved development
application. The Extension Application shall be processed under the
same procedural requirements which governed the original approval."
3. Municipal Code Section 9-2.306 is hereby amended in its entirety to read
as follows:
"Section 9-2.306. Design Review for Nonresidential Projects or
Residential Projects with a Gross Density of
Eight Units Per Acre or More.
a. Scope of Design Review. Design Review shall be conducted for
every project proposing a commercial, office, industrial, institutional,
recreational, or other nonresidential development use, or residential
projects with a gross density of eight (8) units per acre or more. Design
Review shall consist of a "Site Development Review" approval and a
"Architectural Design Review" approval.
Site Development Review by the Planning Commission shall determine
general site configuration depicting general building lay out, building
mass, parking orientation, open spaces, vehicular access, and circulation
to the site.
Architectural Design Review by the Design Review Commission shall
determine the specific design components of the project, including
building elevations, landscaping, signage, lighting, finished materials, and
colors.
Design Review for projects requiring separate discretionary
entitlements, such as rezonings, subdivision maps, variances, use permits,
or other similar applications are subject to the procedural requirements
of the Municipal Code Section 9-2.301.
Design Review Process. The following application and review sequence
shall be used to conduct design review.
1) Applications. Design review consists of two separate applications,
namely: A Site Development Review application and Architectural
Design Review application. Said applications shall be filed in
sequential order in accordance with the review procedures outlined
under subsection 2 below with the Department of Community
Planning and Development. Such applications shall include the
following information for Site Development Review and
Architectural Design Review:
(A) Site Development Review/Planning Commission Review.
(i) Conceptual site development plan showing the
following:
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(B)
(aa) Preliminary site plan (to scale) showing
dimensioned boundaries of the project site,
existing contours, existing vegetation and
adjacent property a minimum of 300 feet from
project boundaries. All existing and ultimate
right-of-way, including private street easements,
shall also be depicted on the plan.
(ab) Proposed access to public/private streets, internal
circulation both pedestrian and vehicular, parking
provisions (including number of spaces), walkways,
planting areas, trash enclosures, fences, walls,
trellis locations, utility boxes, General Plan trails,
and other structures and site features.
(ac) Proposed conceptual building footprints noting the
amount of building square footage height of
individual buildings, and proposed use.
(ii) Conceptual Grading Plan noting both existing and
proposed landform alteration. Said plan shall note the
location of all existing and proposed utilities and
disposition of any existing structures or trees. This plan
may be combined with the conceptual site development
plan.
(iii) Conceptual building massing plan which shows the
potential building(s) envelope (height, width, and length)
for determining the proposed structural mass of the
project as seen from all property boundaries.
(iv) Any other site plan information as required by the Land
Use Manager.
(i) Architectural drawings to scale, showing all elevations
of the proposed buildings and structures as it will
appear on completion of construction. All exterior
surfacing materials and colors shall be specific on the
plans.
(ii) Roof plan.
(iii) Building materials and color board.
(iv) A landscape plan, drawn to scale (as specified by the
Land Use Manager), showing the location of existing
trees proposed to be removed and retained; drawings
indicating the amount, type and location of all plant
material; a legend noting the common and botanical
name and size of all plant material including watering
and root characteristics; and a full coverage irrigation
plan.
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(v) Sign program which shows size, location, type of
construction, material, colors and method of
illumination.
(vi) Lighting plan showing type of fixture, location, height,
and surface illumination measurements.
(vii) Plan for all exterior mechanical equipment and method
to be used to screen equipment.
(viii) Floor plan showing allocation of space and location of
all door and window openings.
(ix) One set of full color elevations of all proposed
buildings.
(x) Detail sheet which shows all proposed designs for
fences, walls, and other site features.
(xi) A revised site development plan in compliance with the
approved Site Development Review application
(Planning Commission).
(xii) Any other drawings or additional information necessary
to determine compliance with this section as required
by the Land Use Manager.
2) Review Procedures.
(A) Site Development Review/Planning Commission Review.
(i) Upon the receipt of a completed Site Development
Review application, the Land Use Manager shall cause
the application to be transmitted to all responsible
departments and outside agencies. After all reviewin
agencies have responded or at the end of thirty (30
days, whichever is shorter, the Secretary to applicable
boards/commissions shall cause to be prepared a staff
report for transmittal and review by said
board/commission.
(i i) The Planning Commission may continue an item to seek
additional information or further recommendations
from reviewing agencies.
(iii) The action of the Planning Commission shall be 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 site plan complies with all provisions of Title
9 of the Code; and,
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(ab) The site plan is compatible with existing and
proposed land uses; and,
(ac) The site plan is generally consistent with the
goals, policies and objectives of the General Plan;
and,
(ad) The general site considerations, including site
layout, open space and topography, orientation
and location of buildings, vehicular access,
circulation and parking, setbacks, building height,
public safety and similar elements have been
designed to provide a desirable environment for
the public; and,
(ae) The site plan is functional as regards to adequate
vehicular, pedestrian and bicycle circulation.
(iv) Planning Commission Site Development Review
approval establishes the conceptual layout of the
project as it relates to general building location,
setbacks, building mass, building square footage, open
space, and vehicular/pedestrian access and circulation.
Minor modifications to the site plan and building square
footage may be required by the Design Review
Commission when considering the Architectural Design
Review application to insure that the overall project
design will be consistent with the provisions of the
General Plan, the Code, and adopted architectural
design guidelines.
(v) Appeals of the action of the Planning Commission may
be made in accordance with section 9-2.314 to the City
Council.
(B) Architectural Design Review/ Design Review Commission
Review.
(i) Upon final action by the Planning Commission on the
Site Development Review application, an applicant may
submit an application for Architectural Design
Review. Upon receipt of a completed application, the
Land Use Manager shall cause the application to be
transmitted to all responsible departments and outside
agencies. After all reviewing agencies have responded,
or at the end of the thirty (30) days, whichever is
shorter, the Land Use Manager shall cause to be
prepared a staff report for transmittal to the Design
Review Commission.
(ii) The action of the Design Review Commission shall be in
the form of an adopted Resolution, containing a
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statement of findings, and any conditions which may be
imposed on the application. In making a motion to
approve, the Design Review Commission shall make the
following findings:
(aa) The site development plan is in general
compliance with the Planning Commission action
undertaken in accordance with this section; and,
(ab) 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; and,
(ac) The architectural design plans are in compliance
with all provisions of Title 9 of the Municipal
Code; and,
(ad) The general design considerations, including the
character, scale, and quality of 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 lighting 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; and,
(ae) The general landscape design, including the
location, type, size, color, texture, and coverage
of plant materials, provisions for irrigation,
maintenance and protect n of landscape elements
have been considered t. insure visual relief, to
complement buildings nd structures, 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 Design
Review Commission shall deny the application
citing specific reasons in support thereof.
The Design Review Commission may continue an item
to seek additional information or further
recommendations from review agencies.
(iv) Appeals of the action of the Design Review Commission
may be made in accordance with Section 9-2.314 to the
City Council.
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3) Expiration of Application Approval. Project approvals granted
under this section shall expire in accordance with the following:
(A) Site Development Review applications shall expire one (I)
year from the date of Planning Commission approval if a
completed Architectural Design Review application has not
been received by the City. If a completed application for
Architectural Design Review has been accepted by the City,
said Planning Commission approvals shall be automatically
extended to run concurrent with the action of the Design
Review Commission.
(B) Architectural Design Review application approvals granted
under this section shall expire two (2) years from the date of
approval by Design Review Commission if building permits
have not been issued and substantial construction underway.
The Planning Commission and/or Design Review Commission
may grant extensions to their respective approvals not to
exceed an additional twelve (12) months. When granting an
extension, the Planning Commission or Design Review
Commission must find that the application remains consistent
with all applicable provisions of the Municipal Code,
furthermore the Commission(s) may modify or impose
additional conditions. If new conditions are considered,
findings supporting the need for these conditions shall be
included in the action Resolution. Decisions of the Planning
Commission or Design Review Commission on applications for
extensions may be appealed to the City Council in accordance
with Section 9-2.314.
If an application approval expires prior to an application for
extension is received by the City, the project approvals shall
be deemed null and void. Any subsequent application shall be
considered and processed in accordance with the development
review procedures of this section.
SECTION 2. Prior Approved Projects Not Yet Constructed.
The provisions of Section 9-2.306 shall apply to all project approvals, not yet
constructed, occurring prior to the effective date of this ordinance, providing that the
project applicant consents to the revised procedural changes instituted under Section
9-2.306.
passage.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
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
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once within fifteen (15) days after passage and adoption is 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 17th day of July ,
1990.
GA L. H USDORFER, MA/OR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, GEORGE SCARBOROUGH, Acting 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. 670 which was introduced at a meeting of the City Council of
the City of San Juan Capistrano, California, held on July 3 , 1990,
and adopted at a meeting held on July 17 1990 by the following
vote:
AYES: Councilmen Buchheim, Bland and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Schwartze and Friess
(SEAL)( /tlsi !J
GEORGE CAR OROUGH, ACTING ITY LERK
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