Ordinance Number 666ORDINANCE NO. 666
AMENDMENT TO SECTIONS 9-2.312, 9-3.608 AND 9-3.623 OF THE
MUNICIPAL CODE - REGULATING TEMPORARY USES AND STRUCTURES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-2.312, 9-3.608, AND 9-3.623
OF THE MUNICIPAL CODE WITH REGARD TO PROVISIONS
REGULATING TEMPORARY USES AND STRUCTURES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. The City Council, at its meeting of February 6, 1990, initiated
consideration of a Land Use Code Amendment with regard to temporary uses and
structures.
B. Section 9-2.302 of the San Juan Capistrano 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 and
the Planning Commission has recommended adoption.
C. The Environmental Review Board has considered the draft Amendment
and determined that it is categorically exempt, and has carried out all applicable
provisions in compliance with the California Environmental Quality Act.
D. The City Council has conducted a duly noticed public hearing to consider
testimony on the draft 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 9-2.312(b), Decision -Making Authority, is hereby amended to read as
follows:
"(b) Decision -Making Authority. The Director shall have the following
authority:
(1) The Director shall have the authority to approve, approve subject
to conditions, or deny application for the establishment of temporary uses.
(2) In cases where the Director determines that the temporary use may
have unusual impacts on surrounding properties, the Director may refer the application
to the Planning Commission or City Council for action.
(3) Decisions of the Director or the Planning Commission regarding
temporary uses may be appealed to the City Council in accordance with Section
9-2.312(d).
(4) The Director may classify uses and structures not specified by
Section 9-3.608 as temporary uses based upon findings that such uses will not exceed one
(1) year, will be compatible with the adjoining properties, will convey significant social
or economic benefit to the community and will be consistent with the General Plan.
(5) The Director may administratively approve one six-month
extension of a previously -approved temporary use permit subject to the criteria
established by subsection (e) of the Section."
Section 9-2.312, Temporary Use Permits, is hereby amended to add the
following new subsections:
"(c) Public Notice. Within five (5) days of submission of a completed
temporary use permit application, the Director or his agent shall send written
notification of such submission by first class mail to all real property owners with
property directly adjacent to or across from a public right-of-way from the applicant
property. The notice shall include at a minimum, a description of the proposed
temporary use, the location of such use, and the location of the subject property.
Property owners receiving notice may file a written objection to the proposed use
including the basis for the objection to the Planning Department within ten (10) days of
the mailing of such notice. Upon receipt of a written objection, the Director or his
agent's action on the application, if contrary to the stated objection, shall include
findings which specifically address the basis of the objection.
(d) Appeals. 1n the event an adjoining property owner who received notice is
aggrieved by the decision of the Director of his agent on a temporary use permit
application, the aggrieved party may file a written appeal with the Planning Department
within seven (7) days of the action. Upon receipt of an appeal, the Director or his agent
will schedule the appeal for City Council consideration and action at their next available
public meeting. The City Council may affirm the action, affirm the action with
conditions, uphold the appeal, or remand the application to the Director for
reconsideration in cases where new information has been presented subsequent to the
administrative action.
(e) Findings. In order to approve or conditionally approve a temporary use
permit application, the Director must find that it meets the following criteria:
(1) That the temporary use or structure will be compatible with
adjoining properties, will further the purpose and intent of the City's Land Use Code and
will meet all applicable provisions of the Municipal Code.
(2) That the proposed type and location of the temporary use or
structure is consistent with the General Plan's policies.
(3) That the temporary use will be in compliance with the provisions of
the California Environmental Quality Act (1970)."
Section 9-3.608, Temporary Uses and Structures, is hereby amended by
deleting the following subsections:
Section 9-3.608(a), Christmas tree sales.
Section 9-3.608(b), Carnivals, festivals, exhibits, and sidewalk sales.
Section 9-3.608(c), Horse shows and exhibitions.
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Section 9-3.608, Temporary Uses and Structures, is hereby amended by
recodifying subsections (d), (e), and (f) as follows:
Section 9-3.608(a), Temporary storage of building materials.
Section 9-3.608(b), Large construction in residential yards.
Section 9-3.608(c), Use of vehicles.
Section 9-3.608, Temporary Uses and Structures, is hereby amended by adding
the following new sections:
"(d) Religious, fraternal, or service organizations (non-profit). Such uses
including churches, temples, synagogues, monasteries, religious retreats, and other places
of religious worship and other fraternal and community service organizations that
provide community benefits and need temporary facilities due to incorporation or
expansion until permanent facilities can be provided may be permitted by the Director
subject to the following standards:
(1) Religious, fraternal, or service organizations shall not be permitted
within residential zoning districts nor residentially -developed areas.
(2) The applicant shall submit a "true" draft copy of the lease,
contract or similar instrument which demonstrates that the temporary use is for a term
not to exceed that permitted by subsection (3).
(3) These temporary uses may be granted for a maximum time period
of twenty-four (24) months. Extensions of approval are as provided by Section 9-2.312(e).
(4) The City shall not approve building and site improvements which
are necessary to accommodate these temporary uses which have a relative value in
excess of 10% of the building value of the structure to be occupied.
(e) Parking facilities, off-site. Off-site parking facilities as defined in
Appendix "A" (Definitions) may be allowed subject to the following standards:
(l) Off-site parking facilities shall not be permitted within residential
zoning districts nor residentially -developed areas.
(2) The applicant shall submit a Parking Management Plan (PMP) which
details how the existing or proposed use(s) will be served by either on-site or off-site
parking facilities for the life of the project.
(3) Off-site parking facilities may only be approved in cases where on-
site parking for an existing or proposed use is planned (part of an approved site
development plan) or.under construction and will be available for use within twenty-four
(24) months but is not immediately available for use.
(4) Off-site parking facilities shall be improved in compliance with the
provisions of Section 9-3.602, Off-street Parking and loading.
(5) The applicant shall submit a "true" draft copy of the lease,
contract, or similar legal instrument to the Director or his agent which demonstrates
exclusive use rights to the proposed off-site parking facility. As an alternative, the
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cases where the proposed "off-site parking facility" serves an existing Use(s), the
applicant shall demonstrate the adequate availability of such parking using the method
established by Section 9-3.602, Figure 3-0, Shared Parking Methodology.
(6) No "off-site parking facility" shall be permitted which would
directly result in any increase in vehicular traffic using local residential streets as
defined by the City's Circulation Element (minor collectors).
(7) These temporary uses may be approved for a maximum time period
of twenty-four (24) months. Extensions of approval are as provided by Section
9-2.312(e)."
Section 9-3.623, Special Activities Permit Program.
Section 9-3.623(a), Intent and Purpose, is hereby amended to read as follows:
"(a) Intent and Purpose. The intent and purpose of this Section are to
establish a permit procedure for the regulation of the display of merchandise and
products and/or temporary banners outside normal sales areas which may occur in
association with a special promotional/sale activity and in addition, certain short-term
uses which due to their brief duration may be adequately managed through a permit
process. This section is not intended to control or regulate the normal promotional/sale
activities conducted within the approved display area of a business establishment as
provided for by other applicable provisions of this Code."
Section 9-3.623, Special Activities Permit Program, is hereby amended by
adding the following new subsection (g):
"Section 9-3.623(8), Additional Activities. The Director or his agent may
approve, conditionally approve, or deny special activity permit requests for the following
types of uses. These uses may be permitted for a period of time not to exceed thirty (30)
days. Applications for such uses shall be on forms provided by the City and include all
necessary information to review such requests for compliance with all applicable
regulations.
(1) Christmas tree sales. The sale of Christmas trees shall be permitted
only during the month of December, subject to the following requirements:
(i) A special activities permit shall be obtained prior to the issuance
of any other permit relating to the operation of this use.
(i i) The facility shall be removed and the premises upon which it was
located shall be cleared of all debris and restored to its original condition by January l
following the holiday.
(2) Carnivals, festivals, exhibits, and sidewalk sales. These uses and similar
enterprises may be operated on a temporary basis provided they meet the following
requirements:
(i) A special activities permit shall be obtained prior to the issuance
of any other permit relating to the operations of this use.
(il) Sponsorship shall be limited to public agencies or religious,
fraternal, or service organizations directly engaged in civic or charitable efforts.
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(iii) The time period for such activities shall not exceed five (5)
consecutive days within any three (3) month period.
(iv) Such activities shall not cause or produce dust, gas, smoke, fumes,
odors, or vibration detrimental to other persons or properties in the vicinity.
(v) The lights used to illuminate the event shall be arranged so as to
direct light away from nearby residences.
(vi) No public address system shall be installed in conjunction with the
event unless such system is modulated so as not to disturb the occupants of nearby
dwellings.
(vii) All structures, apparatus, and appurtenances shall be removed from
the premises as soon as possible following the closing of the event.
(viii) The hours of operation shall be subject to the review and approval
of the Director.
(3) Horse shows and exhibitions. Such activities shall be permitted subject
to compliance with the provisions set forth in Section 9-3.620 of this article.
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 5th day of June -
1990.
ANTHONY L LAND, MAYOR PRO TEM
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 666 which was introduced at a meeting of the City Council of
the City of San Juan Capistrano, California, held on May .15 , 1990, and
adopted at a meeting held on June 5 , 1990, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor pro tem Bland
NOES: None
ABSTAIN: None
ABSENT: Mayor Hausdorfer
ZEORGEaQ�..BOROUGH,-:
M