Ordinance Number 653ORDINANCE NO. 653 t
RIDGELINE GRADING AND CONSTRUCTION CONTROLS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING SECTION 9-3.510 TO THE MUNICIPAL
CODE RELATING TO GRADING AND CONSTRUCTION ACTIVITY
WITHIN RIDGELINES OF THE CITY OF SAN JUAN CAPISTRANO
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Adding Ridgeline Grading and Construction Controls.
Municipal Code Section 9-3.510, entitled "Ridgeline Grading and Construction
Controls" is hereby added to Article 5, "Environmental Management District
Regulations," of Title 9, "Land Use," of the Municipal Code, to read as follows:
"9-3.510 Ridgeline Grading and Construction Controls.
A. Intent and Purpose. The intent of this Section is to add grading and
construction zoning controls to the Municipal Code for the purpose of
implementing preservation of ridgeline goals as stated in the Open Space
and conservation Element of the General Plan. The controls stated
herein shall apply to all hillside areas for which major ridgeline
preservation has been designated in the General Plan. These provisions
are in addition to Section 9-3.505 of the Code and, to the extent that any
provision of 9-3.505 is in conflict with this Section, this Section shall
prevail.
B. Principal Uses Permitted. The principal uses permitted in the Ridgeline
Preservation RP District shall be as permitted in the uderlying base
district excepting that no structures or construction activity of any kind,
including but not limited to grading, are permitted.
C. Specific Prohibition. No construction activity, including but not limited
to grading, on any major ridgeline so designated on the General Plan Map
shall be allowed; more specifically, no construction activity, including
but not limited to grading, shall be permitted within 200 feet (horizontal)
of a General Plan designated ridgeline except as identified under
subsection (E) following.
D. Exceptions. Notwithstanding the specific prohibitions set forth in
subsection (C) above, exceptions may be granted in accordance with the
following procedure:
1. An applicant may file an application for an exception with the
Department of Community Planning and Development. Said
application shall be filed on forms and submitted with information
as required by the department.
2. Applications shall be heard following public hearings pursuant to
Government Code Sections 65090 and 65091 by the City's Planning
Commission. The Planning Commission shall forward its
recommendation to the City Council for approval, conditional
approval, or denial.
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3. Required Findings. An application for an exception shall not be
recommended for approval to the City Council, nor shall the City
Council grant an exception, unless the following findings can be
made:
a. Grading shall not encroach into a designated ridgeline except
in those instances where an arterial roadway identified by the
Circulation Element of the General Plan, or other required
roadway as determined necessary by the Cit to protect the
public health, safety and general welfare. In considering such
encroachments, special grading techniques are to be used to
mitigate their impact and create a natrual appearance with
the contouring and blending of grades with the existing
topography; or
b. Any construction activity, including but nqt limited to
grading, proposed to encroach into the 200 -foot horizontal
buffer adjacent to a designated ridgeline must satisfy the
following minimum criteria:
i. No structure, as defined by the Uniform Building Code,
shall encroach visually upon a desiganted ridgeline by
interrupting its skyline profile as viewed by surrounding
valleys;
ii. Any construction activity, including but not limited to
grading, shall not encroach upon the ridgeline profile
and shall be contoured in such a manner as to provide a
natural appearance. Said design as a minimum shall
include the use of variable slope gradients, rounding of
tops and toes of slopes, blending of contours with the
natural topography; and,
C. That the application is found to be compatible with all
provisions of the Open Space and Conservation Element of
the General Plan.
E. Exemptions. The following are exempt from the provisions of this
section:
1. Previously -approved Projects Exempted. Any development
proposal calling for the construction of a structure in a ridgeline
area having already received approval under the procedure set
forth in Section 9-3.505 prior to enactment of this Section shall be
exempt.
2. Minor Fences. Fences of an open agricultural nature may be
permitted subject to approval by the Director of Community
Planning and Development.
3. CityOpen Space Projects. Open space projects of City -owned
property that is subject to review under Section 9-2.311 of this
Code."
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SECTION 2. Repealing Previous Ordinances.
Ordinances Nos 651 and 648 are hereby repealed upon the effective date of
this Ordinance.
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 published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
1989.
ATTEST:
CITY CLE
PASSED, APPROVED, AND ADOPTED this 3rd day of October ,
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. 653 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on September 5 , 1989, and adopted at
a meeting held on October 3 , 1989, by the following vote:
AYES: Councilmen Friess, Buchheim, Bland and
HayoT HausdorfeT
NOES: Councilman Schwartze
ABSENT: None.
(SEAL)
MARY AN"KNOVER, CITY CLERK
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