Ordinance Number 673ORDINANCE NO. 673
AMENDMENTS TO TITLES 8 AND 9 OF
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 8-11'.107, 9-3.503, 9-3.504, 9-
3.612, AND 9-3.620 OF THE MUNICIPAL CODE REGARDING
PROVISIONS REGULATING AREAS OF 100 -YEAR FLOODPLAIN.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings
a. Section 9-2.302 of the Municipal Code requires that the Planning Commission
conduct a public hearing and make a recommendation on Land Use Code Amendments
prior to public hearing and final action by the City Council, whereas the Commission has
conducted public hearings on June 12 and July 24 and recommended that the City Council
adopt this draft Ordinance; and,
b. The Environmental Review Board has considered the Ordinance and determined
that it is "categorically exempt" from further environmental review and has carried out
all applicable provisions of the California Environmental Quality Act (1970) as amended;
and,
C. The Ordinance is consistent with the City of San Juan Capistrano's General
Plan's goals, policies, and objectives, particularly with respect to Land Use, Open Space
and Conservation, and Public Safety; and,
d The Ordinance is consistent with the Federal Emergency Management Agency's
(FEMA) Guidelines and will help maintain the City's eligibility in the National Flood
Insurance Program; and
e. The City Council has conducted a duly noticed public hearing to consider
testimony on the Ordinance.
SECTION 2. Amendment Text
Based upon the findings set forth in Section 1 preceding, the following amendments to
the Municipal Code are hereby enacted:
Section 8-11.107, Basis for establishing the areas of special flood paaerd is hereby
amended to read as follows:
The language "'Flood Insurance Study for San Juan Capistrano; dated 1979" is
hereby replaced with the following language: "'Flood Insurance Study, Orange
County, California and Incorporated Areas', revised: September 15, 1989 and
including all subsequent revisions thereof"; and,
Section 9-3.503, Floodway (FPI) District and Section 9-3.504, Floodway Fringe (FP2)
District of Title 9, of the Land Use Code are hereby repealed; and,
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Section 9-3.503, Floodplain Management Overlay District is hereby adopted as follows:
(a) Purpose and Intent. The purpose and intent of the Floodplain
Management Overlay District is to protect the public health, safety, and general welfare
by discouraging physical encroachments and development of the 100 -Year floodplain, and
protecting properties and persons from flood perils. Furthermore, it is the intent and
purpose of this district to:
(1) Maintain the City's eligibility in the Federal Government's National
Flood Insurance Program;
(2) Implement the General Plan's Land Use, Open Space and Conservation
and Public Safety Elements with respect to special flood hazard areas; and,
(3) Manage land uses and structures by recognizing their risks and the
hazards associated with special flood hazard areas.
(b) Definitions. The definitions of terms used in this Section shall be as
defined in Section 8-11.105 of the Code.
(c) Applicability. The provisions of this Section shall apply to all lands
situated within special flood hazard areas as delineated by the Federal Emergency
Management Agency's Flood Insurance Rate Map (FIRM) for the City of San Juan
Capistrano dated September 15, 1989 and all subsequent revisions thereof. The Flood
Insurance Rate Maps define the minimum area of applicability and may be supplemented
at the City's discretion by additional studies which the City prepares or which are
prepared in conjunction with the submission of a "floodplain land use permit" application
and meet both the City's and FEMA's standards.
All Flood Insurance Rate Map revisions by the Federal Emergency Management Agency
shall be subject to the review and confirmation by resolution of the City Council prior to
becoming effective.
(d) Administration. The Director of Engineering and Building Services or his
agent is designated as the "Floodplain Administrator" and shall be vested with the
authority and responsibility to administer and implement these provisions. The
Floodplain Administrator shall be responsible for the following:
(1) Interpretation. Render determinations on the location of special flood
hazard district boundaries using the Flood Insurance Rate Maps and additional studies
which provide the best available information.
(2) Land use review. Provide technical assistance and make
recommendations to the Department of Planning Services for the administration of
"floodplain land use permit" applications to assure compliance with the submission
requirements, locational and site development standards, and land use standards of this
Title.
(3) Decision-making authority. Review and approve grading permits,
building permits, and similar development permits upon finding that such permits are
consistent with an approved "floodplain land use application" authorized by this Title and
the provisions of Title 8, Chapter 11, Floodplain Management Regulations.
(4) Violations. Determine whether or not any violations of these provisions
exist and take necessary steps to correct any violations as provided by Section 9-1.206,
Violation: Penalties, of this Title.
(e) Locational standards. "Floodplain land use permit" applications for uses
or structures permitted by subsections (g)(2) and (g)(4) shall comply with the following
standards:
(1) Alternative location. No alternative location for the proposed project
exists on the property which is situated outside the limits of the special flood hazard
area. In applying this standard, the City will consider existing development outside of
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the floodplain and the extent of reasonable use from which the property owner presently
benefits.
(2) Structures. No enclosed principal or accessory structures shall be
permitted within Special Flood Hazard Zones "A" and "AE", the high hazard portion of
the 100 -year floodplain.
(3) Significant public need. Channel realignments or major alterations to
the channel cross-section (geometric) shall only be permitted for proposed projects which
serve a "significant public need" including but not limited to flood protection for existing
development, public utilities, wildlife habitat restoration, public recreational facilities,
primary and secondary arterial roads designated by the General Plan's Circulation
Element, and other projects which satisfy a specific public need.
(4) Compliance feasibility. Floodplain land use permit applications shall
include information which demonstrates feasibility of the proposed project to comply
with the provisions of Section 8-11.113, "Standards of construction" to the satisfaction of
the Floodplain Administrator.
(f) Site development standards. "Floodplain land use permit" applications,
building permits, grading permits, and development permits for uses or structures
permitted by subsection (g) shall comply with the following requirements:
(1) Floodplain impact. Floodplain land use projects shall result in no
discernible net increase in water surface elevation, based on professionally accepted
Engineering methodologies, of the 100 -year floodplain; shall not create or exacerbate
erosive velocities within special flood hazard areas; and, shall not contribute to upstream
or downstream flooding of properties not previously inundated by the 100 -year storm
event.
(2) Federal and State agencies. Floodplain land use projects shall
demonstrate evidence of compliance with all Federal Emergency Management Agency,
California Fish and Game Department, and United State Corps of Engineer requirements,
as amended and in effect at the time the permit application is submitted and deemed
complete.
(3) Site environmental impact. The site specific location of proposed
projects within special flood hazard areas shall be that location or locations which result
in the lease environmental impact as determined by the environmental documents which
are prepared to meet the requirements of the California Environmental Quality Act
(CEQA) as amended.
(g) Land use standards. The following land uses and structures may be
permitted within the special flood hazard zones indicated subject to the applicable
standards:
(1) Special Flood Hazard Zones "A" and "AE", Permitted uses subject to
approval of a grading, if required, which complies with the standards of subsection (f),
Site development standards.
(i) Agricultural uses including orchards, tree crops, nurseries, and similar
horticultural uses but not including storage buildings, barns, or other accessory
structures.
(2) Special Flood Hazard Zones "A" and "AE", Uses Permitted subject to the
approval of a "floodplain land use permit" application which complies with the standards
of subsections (e), Locational criteria and (f), Site development standards.
(i) Public utility structures and uses including water treatment plants,
wastewater treatment facilities which are consistent with the Master Sewer Plan; and,
transportation structures including bridges, primary and secondary arterial roads and
traffic control/management structures which are consistent with the General Plan.
(ii) Recreational uses and minor accessory structures including playgrounds,
trails, golf courses, athletic fields, and accessory parking for recreational uses.
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(iii) Equestrian facilities such -as riding arenas, training areas, and similar uses
which may include minor accessory structures such as fencing, wash racks, watering
trough, and similar improvements and accessory parking for such uses.
(iv) Flood control structures including levees, channels, spreading basins,
detention areas, and diversion drains in accordance with plans approved by the City of
San Juan Capistrano.
(3) Special Flood Hazard Zones "AH" and "AO", Permitted uses subject to
approval of a grading permit, building permit, or development permit, if required, which
complies with the standards of subsection (f), Site development standards.
(i) All uses which are permitted uses within special flood hazard zones "A"
and "AE".
(ii) Riding and hiking trails.
(iii) Equestrian arenas and associated accessory structures including but not
limited to fences, wash racks and watering troughs.
(4) Special Flood Hazard Zones "AH" and "AO", Uses permitted subject to
the approval of a "floodplain land use permit" application which complies with the
standards of subsection (e), Locational criteria and (f), Site development standards.
(i) All uses which are permitted subject to approval of a floodplain land use
permit application in Special Flood Hazard Zones "A" and "AE" and are not specifically
permitted by the preceding subsection.
(ii) Accessory recreational, agricultural and equestrian structures including
storage areas and equipment sheds which are associated with permitted uses in special
flood hazard zones "A", and "AE", "AH", and "AO".
(iii) Commercial, industrial, and service structures and uses on existing lots of
record situated wholly within the special flood hazard zone and which are permitted by
the underlying zoning district.
(iv) Residential structures and uses on lots of record situated wholly within
the special flood hazard zone, which have been graded prior to the adoption of this
section and meet the construction standards of Title 8, and which are permitted by the
underlying zoning district.
(h) Floodplain land use review process. Prior to the issuance of any building
permit, grading permit, or floodplain development permit for any structure or use cited
in subsection (gX2) or (g)(4), the project shall first secure approval of a floodplain land
use application subject to the review procedures contained in Article 3, Section 9-2.301,
Development review and subject to the following:
(1) Planning Commission review. Prior to City Co,,. .cil review, the Planning
Commission shall hold a public hearing on the proposed "flardplain land use permit"
application in accordance with Section 9-2.313. The Planning Commission shall forward
a report and recommendation on the application including findings to the City Council.
The Commission shall only recommend approval or conditional approval based on findings
that the application is in compliance with subsection (e), General standards and
subsection (f), Site development standards of this Section, the General Plan, and the
California Environmental Quality Act, and is capable of complying with Section 8-11.113,
Standards of construction.
(2) City Council action. Upon receipt of the Planning Commission's
recommendation, the City Council shall hold a public hearing pursuant to Section 9-
2.313. The Council shall approve, approve with conditions, or deny the application based
on findings that the application either is or is not in compliance with subsection (e),
General locational standards and (f), Site development standards, the General Plan, the
California Environmental Quality Act, and is capable of complying with the Section 8-
11.113, Standards of construction.
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However, any significant modification to a "floodplain land use permit" application
which, in the Council's judgement, was not considered by the Planning Commission, shall
be referred to the Commission for review and recommendation prior to final Council
action. The Commission may consider such Council referral without a public hearing.
(i) Submission requirements. All "floodplain land use permit" applications
shall include the following information and any additional information which the
Floodplain Administrator deems necessary to review such applications to determine
compliance with the applicable standards:
(1) A site plan including but not limited to the type, location, and extent of
the proposed project in relationship to the special flood hazard zone boundaries, and
property lines. The site plan shall also identify any alternative locations which were
considered by the applicant for the proposed use/structure.
(2) Profile drawings including but not limited to the type, location, and
extent of the proposed use/structure in relationship to the channel, special flood hazard
zones, 100 -year floodwater surface elevation, and property lines. The profiles shall also
identify any alternative locations which were considered by the applicant for the
proposed use/structure.
(3) A "hydrologic report" prepared consistent with professionally accepted
engineering practice as determined by the City Engineer which accurately assesses the
hydrologic impact of the proposed use/structure including potential water surface
elevation changes, water velocity changes, and channel flow changes.
(4) A "Feasibility Compliance Report" which demonstrates to the
satisfaction of the Floodplain Administrator that the project would comply with Section
8-12..113, Standards of construction.
(5) Subsequent to the review of and a determination by the Environmental
Review Board, the applicant may be required to bear the cost for the preparation of an
environmental impact report or environmental assessment consistent with the provisions
of the California Environmental Quality Act.
Section 9-3.612, Caretaker residences is hereby amended to read as follows:
Caretakers residences may be developed as permitted in this chapter for the
exclusive use of personnel employed for the maintenance and security of the principal
use, subject to the following provisions:
(a) Outside the Floodplain Management Overlay District.
(1) Permanent caretaker residences located outside the Floodplain
Management Overlay District are subject to the following requirements:
(i) It shall be listed as a permitted use in the applicable district.
(ii) It shall meet all yard setback requirements of the applicable district.
(2) Temporary caretaker residences located outside the Floodplain
Management Overlay District are subject to the provisions of subsection (1) of this
section and the following requirements:
(i) It shall have a floor area no greater than 750 square feet.
(ii) It shall be removed no later than nine months after the issuance of the
set-up permit for the caretaker residence or upon the issuance of the "certificate of use
and occupancy" for the permanent caretakers residence, whichever occurs first.
(iii) The set-up permit or the caretakers residence shall not be used until after
the issuance of the building permit for the permanent caretakers residence.
(iv) In order to assure compliance with the requirements of this subsection, a
cash deposit or other form of surety shall be deposited with the city for.:ihe period the
temporary caretaker residence is to be located on the property. The surety shall be in an
amount established by the Director which covers the total estimated cost of removing
the temporary caretakers residence and storing the same for a period of at least thirty
(30) days. The surety shall be accompanied by a written authorization from the property
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owner which allows the City to enter the property and remove the temporary caretaker
residence if all the requirements for its placement and use are no; met.
(b) Within the Floodplain Management Overlay Diatrict. All caretakers
residences situated within the Floodplain Management Overlay District shall comply with
the provisions of Section 9-3.503, Floodplain Management Overlay District as well as the
provisions established by this section; and,
Section 9-3.620, Horses and stables is hereby amended by deleting subsection
(ax4)(iiiXab); and, revisin subsection (ax4)(xiii), Evacuation by deleting the term
"portable dwelling units".
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
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 4th day of September
1990.
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 673 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on August 21 , 1990, and adopted at
a meeting held on September 4 , 1990, by the following vote:
AYES: Councilmen.Schwartze, Friess, Buchheim, Bland and
Mayor Hausdorfer
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CH YL JONNSON, CITY CLERK
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