Ordinance Number 635261
ORDINANCE NO. 635
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.608 ENTITLED
"TEMPORARY USES AND STRUCTURES" OF ARTICLE 6,
"SUPPLEMENTAL DISTRICT REGULATIONS", OF TITLE 9 OF THE
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Municipal Code Section 9-3.608 "Temporary Uses and Structures" of Article 6
"Supplemental District Regulations" of Title 9 "Land Use" is hereby amended in its
entirety to read as follows:
"Section 9-3.608. Temporary uses and structures.
The following uses and structures may be established as temporary uses or
structures subject to prior approval by the Director. Additional temporary uses
may be established by the Council by resolution:
(a) Sales of Christmas trees. The sale of Christmas trees shalt be permitted
only during the month of December, subject to the following
requirements:
1) A temporary use permit shall be obtained from the Director prior
to the issuance of any other permit relating to the operation of
such temporary use.
2) The facility shall be removed and the premises upon which it was
located shall be cleared of all debris and restored to the condition
they were in prior to the establishment of the facility within
seven (7) days after the particular Christmas holiday involved.
(b) Carnivals, festivals, exhibits, and sidewalk sales. Carnivals, festivals,
arts and crafts exhibits, sidewalk sales, and enterprises of a similar
nature may be operated on a temporary basis provided they meet all of
the following requirements:
1) A temporary use permit shall be obtained from the Director prior
to the issuance of any other permit relating to the operation of
such temporary use.
2) Sponsorship shall be limited to public agencies or religious,
fraternal, or service organizations directly engaged in civic or
charitable efforts.
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3) The time period for the event shall not exceed five (5) consecutive
days within any three (3) month period.
4) Such operations shall not cause or produce dust, gas, smoke, noise,
fumes, odors, or vibration detrimental to other persons or
property in the neighborhood.
5) The lights used to illuminate the event shall be arranged so as to
reflect the light away from nearby residences.
6) No public address system in connection with the event shall be
installed on the property unless such system is modulated so as to
not disturb the occupants of nearby dwelling units.
7) All structures, apparatus, and appurtenances shall be removed
from the premises as swiftly as possible following the closing of
the event.
8) The hours of operation shall be determined by the Director.
(c) Horse shows and exhibitions. Such events shall be permitted subject to
the provisions set forth in Section 9-3.620 of this article.
(d) Temporary storage of building materials. The temporary storage of
building materials shall be restricted to those materials used during the
construction of a building project. For the purposes of this subsection,
"storage" shall include the temporary office of the contractor provided
such office is located on the construction site or on property adjoining
the construction site.
(e) Large construction in residential yards.
1) Large construction in residential yards shall pertain to a type
construction which is not incidental to the residential use nor of a
commercial nature. Such construction may be permitted within a
residential district subject to the issuance of a temporary use
permit by the Director.
2) The applicant for a temporary use permit for such purpose shall
comply with all of the following requirements:
i. The proposed construction shall be of a type which will not
be permanent to the site and which shall not require the
issuance of a building permit, such as for boat construction
and car restoration.
ii. The construction shall not project into any required front or
exterior side yard.
iii. The proposed item for construction shall be for the personal
use of the applicant or the members of his immediate
family.
iv. The proposed construction shall adhere to the requirements
limiting excessive noise as set forth in Section 9-3.615 of
this article.
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passage.
e.�
V. The temporary use permit shall be issued for a period not
longer than one year. Extensions may be granted subject to
the approval of the Director.
(f) Use of vehicles. The temporary use of a mobile home, recreational
vehicle, truck, or other vehicle as a residence or commercial structure
shall be prohibited in all districts, except as otherwise permitted by this
Code. (Sec. 3.6.8, Ord. 293)"
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 3. 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.
1988.
ATTEST:
PASSED, APPROVED, AND ADOPTED this 4th day of October ,
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 635 which was introduced at a meeting of the City Council
of the City of San Juan Capistrano, California, held on September 20th , 1988,
and adopted at a meeting held on October 4th , 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland,
and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL
MARY ANN HANOVER, CITY CLERK
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