Ordinance Number 506ORDINANCE NO. 506
TO TITLE 9 OF THE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 9-2.404 AND
9-3.424 OF THE MUNICIPAL CODE REGARDING MAXIMUM
HEIGHT OF NON-RESIDENTIAL STRUCTURES
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 set forth herein, has determined
that the amendment will not have a significant
impact on the environment, has accordingly
recommended that a Negative Declaration be granted
for the amendment, and has otherwise carried out
all requirements of the California Environmental
Quality Act as amended. The City Council hereby
finds and certifies said actions as appropriate
and grants a Negative Declaration.
B. This code amendment will regulate the height of
all non-residential structures within the City and
is necessary to meet the City's General Plan
goals.
C. A duly noticed public hearing has been held to
receive and consider public testimony regarding
the proposed amendment.
SECTION 2. Amendment Text.
A. Introduction
Based upon the findings set forth in Section 1,
preceding, the following amendment to the
Municipal Code is hereby enacted:
B. Amendment to Section 9-2.404(c), Adjustments
Subsection 9-2.404(c)(2) is amended to read as
follows:
331
"(2) Adjustments from the standards set forth in
Sections 9-3.424 and 9-3.607 of Chapter 3 of
this title relating to height of
non-residential structures and tennis courts,
respectively, provided that the following
findings are made:
"(i) That there are special physical
circumstances in areas surrounding the
property in question which justify
granting the adjustment; and,
"(ii) That adequate mitigation measures, if
any are deemed necessary, have been
provided to minimize any adverse impact
on nearby properties."
C. Amendment to Section 9-3.424, Development
Subsection 9-3.424(a) is amended as follows:
Table 3-1: Development Standards of Section
9-3.424(a) is amended to include a double asterisk
(**) after each number in the last column
corresponding to all non-residential uses
identified as "maximum height of structures." The
following note is added to the bottom of the page:
"**Refer to Subsection 9-3.424(b)(12) for
additional height restrictions."
Subsection 9-3.424(b)(12) is hereby added to read
as follows:
11(12) Maximum Non-residential Building Height. In
accordance with the Land Use and Community
Design Elements of the General Plan, the City
wishes to encourage the development of
structures that fit into the existing
landform. To this end, the height of
exterior walls shall be limited to a maximum
of two stories in height and 25 feet from
finish grade to top of wall.
"For the purposes of this section, top of wall
shall be that point where the wall meets a
roof or other building element which, in the
judgment of the Environmental Review Board,
defines the effective vertical wall plane.
In the case of a gable -end roof, the top of
wall shall be a line connecting the two
points that define the tops of the adjoining
walls (see Figure 3A). Adjustments from
these standards may be granted, subject to
the criteria set forth in Section 9-2.404 of
Article 4 of Chapter 2 of this title."
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GABLE END
TOP OF WALL
FIGURE 3A FINISH GRADE
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 at the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 6th day of
March , 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
ATTEST:
2 22le,_
ITY CLERI.
-3-
ANTHONY L-
BLAND, MAYOR
333
STATE OF CALIFORNIA )
COUNTY OF ORANGE
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. 506 , which was
introduced at a meeting of the City Councilof�tte City of San
Juan Capistrano, California, held on February 21 , 1984 , and
adopted at a meeting held on March 6 , 1984
(SEAL)
MARY ANN OVER, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 9th day of March
she caused to be posted:
ORDINANCE NO. 506
being: AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
DEVELOPMENT STANDARDS REGARDING MAXIMUM
HEIGHT OF NON-RESIDENTIAL STRUCTURES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 9-2.404 AND
9-3.424 OF THE MUNICIPAL CODE REGARDING MAXIMUM
HEIGHT OF NON-RESIDENTIAL STRUCTURES
of
1984 ,
in three (3) public places in the City of San Juan Capistrano,
to wit:- City Hall; Old Fire Station Recreation Complex; Orange
Countv Public Library.
50
...... j. Mayor has signed
.....__.... Clerk has signed
.-_... City Seal stamped
___... All blanks typed in
"Absent.. ..........
.Noes ._._....... ................_..
__._. Typed in Official Record Book
.......___. Posted to Classified Cards \ '
............ Copies Copies sent
'< Legal Publicafiori� ord-ere�ii'f� be published
(date) -- ....... ____._.....___...._..._....---.___....
No. Affidavits ...--- .--- ............---- *---`-
No. Printed copies required .... 9 -
MA Y NYNOVER, CITY CLERK
San Juan Capistrano, California
- -/ - -- -4-
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