Ordinance Number 453ORDINANCE NO. 453 11
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
ADDING DEVELOPMENT STANDARDS FOR TENNIS COURTS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 9-2.404, 9-3.401
THROUGH 9-3.409, 9-3.414, 9-3.415, 9-3.418
THROUGH 9-3.420, 9-3.604 AND 9-3.607 OF THE
MUNICIPAL CODE, PROVIDING STANDARDS AND REVIEW
PROCEDURES FOR DEVELOPMENT OF TENNIS COURTS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
A. The City's Environmental Review Board has reviewed
the amendment as set forth herein, has determined
that the amendment will not have a significant
impact on the environment, has accordingly issued
a negative declaration, and has otherwise carried
out all requirements of the California Environmental
Quality Act as amended.
B. The proposed amendment will provide for increased
control of tennis court development in order to
mitigate adverse impacts on surrounding properties.
The Code Amendment will permit the regulation of
tennis courts so as to ensure compatibility with
adjacent land uses.
C. A duly noticed public hearing has been held to
receive and consider public testimony regarding
the proposed amendment.
SECTION 2. Amendment Text.
A. Based upon the findings set forth in Section 1,
preceding, the following amendments to the
Municipal Code are hereby enacted:
B. Section 9-2.404 - Authority of the Zoning
Administrator.
1. Section 9-2.404(a) is hereby amended to add
the following conditional uses for review by
the Zoning Administrator:
"(10) Single-family (RS) and Small Estate
(ES). Tennis courts on individual
residential lots.
-1-
"(11) All Zone Districts. Night Lighting for
tennis courts, subject to the
requirements of Section 9-3.607."
2. Subsection 9-2.404(c) is hereby amended to
read as follows:
"(c) Adjustments. The Zoning Administrator
shall have the authority to make
determinations on adjustment
applications subject to the criteria and
limitations set forth in this subsection.
No public hearing shall be required in
the determination of an adjustment
application. Such authority shall be
limited to:
"(1) The adjustment of all dimensional
or percentage requirements set
forth in Chapter 3 of this Title 9
up to a ten (10%) percent deviation
from the required minimums or
maximums;
11(2) Adjustments from the standards set
forth in Section 9-3.607 regarding
tennis courts, provided that the
Zoning Administrator makes the
following findings:
"(i) That there are special physical
circumstances in areas
surrounding the property in
question that justify granting
the adjustment; or
"(ii) That adequate mitigation
measures have been provided to
minimize any adverse impacts
on nearby properties."
C. Subsection 9-3.401(c) (General Agriculture
District), 9-3.402(c) (Small Farm District), and
9-3.403(c) (Large Estate District) are hereby
amended to add the following as a permitted
accessory use:
"Tennis courts on individual residential lots,
provided the requirements of Section 9-3.607 are
met. Night lighting of tennis courts shall not be
permitted unless a conditional use permit is
approved by the City."
D. Subsections 9-3.404(d) (Small Estate District) and
9-3.405(d) (Single -Family District) are hereby
amended to add the following as a permitted
conditional use:
-2-
"Tennis courts on individual residential lots,
provided the requirements of Section 9-3.607 are
met. Night lighting of tennis courts shall not be
permitted unless included within the conditional
use permit approval."
E. Subsections 9-3.402(c)(5), 9-3.403(c)(3),
9-3.404(c)(3), 9-3.405(c)(2), 9-3.406(c)(2),
9-3.407(c)(2), 9-3.408(c)(1), and 9-3.409(c)(2),
residential districts that permit recreation and
community centers as accessory uses, are hereby
amended to read as follows:
"Recreation and community centers, noncommercial,
public and private, provided that tennis courts
within such centers conform to the requirements of
Section 9-3.607. Night lighting of such tennis
courts shall not -be permitted unless a conditional
use permit is approved by the City."
F. Subsections 9-3.414(d)(1) (General Commercial
District) and 9-3.415(d),(1) (Commercial
Manufacturing District), permitted conditional
uses, are hereby amended to read as follows:
"(1) Recreational uses requiring outdoor
facilities, such as tennis clubs (provided in
the requirements of Section 9-3.607 are met).
However, outdoor night lighting for such
recreational activities (other than parking
lot or security lighting) shall not be
permitted unless included within the
conditional use permit approval."
G. Subsection 9-3.418(c) (Public & Institutional
District) is hereby amended to add the following
as a permitted accessory use:
"(3) Public and private recreation facilities,
provided that tennis courts within such
facilities conform to the requirements of
Section 9-3.607. Night lighting of such
tennis courts shall not be permitted unless
a conditional use permit is approved by the
City."
H. Subsection 9-3.419(b)(1) (Private Recreation
District, principal uses) shall be amended to read
as follows:
"(1) Recreation uses, commercial and noncommercial,
such as tennis clubs, golf courses
(regulation, par three (3) or miniature),
driving ranges, billiard and pool centers,
bowling lanes, bicycle rentals, and parks,
However, outdoor night lighting for such
recreational activities (other than parking
lot or security lighting) shall not be
permitted unless a conditional use permit is
approved by the City."
-3-
I. Subsection 9-3.420(b)(1) (Open Space Recreation
District, principal uses) is hereby amended to
read as follows:
11(1) Open space recreation uses, public and
private, which focus on the use of outdoor
areas instead of building developments. Such
uses shall include public tennis courts
(subject to the requirements of Section
9-3.607), amphitheaters, athletic fields,
bicycle rentals, golf courses (including
regulation or par three (3) but not
miniature), driving ranges, parks, horse
stables and equestrian centers (commercial or
noncommercial, as set forth in Section
9-3.620 of Article 6 of this chapter), and
swimming pools (public and private).
However, outdoor night lighting for such
recreational activities (other than parking
lot or security lighting) shall not be
permitted unless a conditional use permit is
approved by the City."
J. Subsection 9-3.420(d) (Open Space Recreation
District) is hereby amended to add the following
conditional use:
"(7) Private tennis clubs, subject to the
requirements of Section 9-3.607. Night
lighting of tennis courts in such clubs shall
not be permitted unless included within the
conditional use permit approval."
K. Subsection 9-3.604(e) relating to fences, walls
and hedges is hereby amended to read as follows:
"(e) Tennis courts. Tennis court fences shall be
subject to the requirements of Section
9-3.607."
L. Section 9-3.607 (Accessory Uses and Structures)
shall be amended to add the following:
"(e) Tennis courts. Tennis courts permitted in
Article 9-3.4 shall conform to the following
development standards:
11(1) Location - No tennis court shall be
permitted to encroach into the rear,
side or front -yard setback. In
addition, it shall be located no closer
than 40 feet from any dwelling on an
adjacent lot.
11(2) Grading - The total depth of cut or fill
area shall not exceed four feet (e.g.,
four -foot maximum cut on one side and/or
four -foot maximum fill on the other).
-4-
"(3) Fences - The fencing around the tennis
court shall not exceed 12 feet in
height and shall be screened unless
otherwise approved by the Environmental
Review Board.
"(4) Lighting - The maximum height for
tennis court lighting (fixture and
pole) shall not exceed 18 feet. All
such lights shall be shielded so as to
confine all direct rays to the subject
property and minimize spill-over
outside of the tennis court area.
15
11(5) Required Review - All tennis courts
not requiring a conditional use permit
shall be reviewed by the Environmental
Review Board to determine compliance
with the above standards and to set
conditions to minimize adverse impacts
of the tennis court on nearby properties.
These conditions of approval may
include such items as screening and
landscaping.
"The Zoning Administrator may approve an
adjustment from the preceding standards as
set forth in Section 9-2.404."
SECTION 3.
Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 20th day of
April 1 1982 , by the following vote, wto it:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
i
a;" R
ATTEST:
ITY CTIEPK
-5-