Ordinance Number 436119
ORDINANCE NO. 436
ADDITION OF SECTION 9-3.423.5 TO TITLE 9 OF THE MUNICIPAL
CODE - ESTABLISHING A PLANNED DEVELOPMENT ZONING DISTRICT
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING SECTION 9-3.423.5 TO TITLE 9 OF
THE MUNICIPAL CODE, ESTABLISHING A PD (PLANNED
DEVELOPMENT) ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
1. The City's Environmental Review Board has
reviewed the Code Amendment set forth herein, has
determined that the amendment will not have a
significant effect on the environment, has
accordingly issued a negative declaration for the
amendment, and has otherwise carried out all
requirements of the California Environmental
Quality Act.
2. The Code Amendment will help to foster greater
design quality and flexibility in new development
projects while giving the City more precise
control over land uses within such projects.
SECTION 2. Text of Amendments to Title 9 of the
Municipal Code.
A. Introduction
Based on the findings set forth in Section 1, the
amendments to Title 9 of the Municipal Code set
forth in Paragraphs B and C following, are hereby
enacted.
B. Amendment to Consistency Matrix
Table 2-1 of Section 9-2.101 is hereby amended to
add the Planned Development District to the Zone
District designations along the top row. Said
Planned Development District shall then be
designated as consistent with all General Plan
Designations shown in the left-hand column by
adding an "X" in each row below the Planned Zone
District.
C. Addition of PD District Regulations
Section 9-3.423.5 is hereby added to read as
follows:
"Section 9-3.423.5 PD - Planned Development District
"(a) Purpose and Intent
"To provide a vehicle for the precise
regulation of land uses in order to
facilitate implementation of the General
Plan Land Use and other Elements.
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"To provide for the utilization of innovative
land planning and building design as a means
of achieving high quality, variety, flexibility
and efficiency in the design of residential,
commercial, industrial, and other development
projects.
"(b) Principal Uses and Structures Permitted
"(1) All permitted principal, conditional,
and accessory uses and structures shall
be detailed in a Specific Development
Plan (reference Paragraph (d), (2),
following). Such uses and structures
may be set forth in detail in the
Specific Development Plan, or may be
set forth by reference to the specific
sections of the Land Use Code, or by a
combination of the above. All proposed
uses shall be consistent with those
intended in the General Plan Land Use
Designation(s) applying to the property
in question.
"(2) The City may limit uses in specific
buildings or portions of buildings
solely to those for which said building
space was originally designed to
function.
11(3) Any use not specifically listed in the
Specific Development Plan,�or,referenced
herein, shall be regarded as not being
a permitted use, except as provided for
in Municipal Code Section 9-3.303
(determination of permissibility of
unlisted uses by the Director).
"(c) Development Standards
"The following Development Standards are the
minimum standards with which to plan or
evaluate the achievement of the purpose and
intent of this district by any proposed use
or project. It is incumbent upon the
applicant to fully demonstrate that these
Development Standards have been met. The
decision-making body shall determine that
all such applicable standards are met prior
to approval of a Specific Development Plan
(SDP) and PD zone change.
"(1) General Design Standards
"(i) Project design should respect
visual access to surrounding open
space --including both distant and
close open space features.
"(ii) Developments in hillside areas
shall preserve the integrity of
hilly terrain and respect the
views both of and from the hills.
Developments in all areas shall
integrate natural topographic
features into the project whenever
possible. The standards of the HM
(Hillside Management) District
(Section 9-3.505) shall also be
met, if applicable.
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"(iii) Large, sterile horizontal or
vertical spaces, such as blank
walls or parking lots shall be
avoided or otherwise treated to
minimize visual impact.
"(iv) Residential and commercial structures
should be clustered, or give the
appearance of being clustered, and
should give the impression of a
variety of setbacks.
"(v) In residential areas, one- and
two-story structures should be
intermixed to provide a variety of
rooflines, building mass and
setback. Two-story structures
should not be located immediately
adjacent to project entries or to
existing single -story residences.
"(vi) Projects shall encourage pedestrian
use over automobile use for internal
circulation.
"(2) Architectural Standards
"(i) Building designs shall be compatible
with and accent surrounding areas
and structures in color, style,
and materials.
"(ii) All architectural elements of a
building shall be designed as an
integral part of the building.
"(iii) Individual buildings shall be
designed so as to consistently
carry out an overall architectural
theme. Murals, wall graphics, and
other wall surface features should
also be consistent with such an
overall theme.
"(iv) Roofs which are or which give the
appearance of being full -pitch and
roofing materials which provide a
sense of texture and quality
should be used.
"(v) Roof -mounted mechanical equipment
may be grounds for denial of
building plans, schematic elevations,
or the entire SDP. However, if
the reviewing body determines that
such equipment is necessary, the
equipment shall be screened from
view by design elements which are
integrated into the architecture
of the building.
"(vi) Non-residential buildings shall be
designed in accordance with the
City's Architectural Design
Guidelines.
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"(3) Landscaping Standards
"(i) Landscaping shall provide summer
shading, necessary windbreaks, and
visual buffering and shall complement
other design and architectural
features of the project.
"(ii) Existing mature trees shall be
preserved to the maximum extent
and shall be integrated into the
overall design of the project.
"(iii) Street trees shall be selected and
planted in accordance with the
City's Street Tree Master Plan and
Section 9-3.617.
11(4) Circulation and Parking Standards
"(i) Numerical Street and Parking
Standards shall be as set forth in
Chapters 9-3 and 9-4.
"(ii) Vehicle and pedestrian circulation
should be separated by landscaped
parkway strips, buffering, building
masses, or other appropriate
devices.
"(iii) At least two appropriate points of
vehicular access shall be provided
to all projects unless site or
safety reasons preclude them.
"(iv) Parking adjacent to streets should
be screened from view.
"(v) Parking and internal circulation
should emphasize the convenience
of appropriate off-street parking
areas to the entrance of the
building served.
"(vi) Residential circulation systems
should be curvilinear whenever
possible, as opposed to a
rectilinear or grid pattern.
"(5) Numerical Development Standards
"(i) Bufferyards - Landscaped buffer
areas shall be provided around the
perimeter of a PD project in
accordance with the type of PD use
to be developed and the existing
or planned adjacent uses. Specific
requirements are set forth in
Table 3A, following. No bufferyard
shall be located on any public or
private street right-of-way.
MC
"(ii) Residential Density - The maxim 2 3
gross density within a PD project
shall be in accordance with the
density designation on the General
Plan. Density shall be computed
by dividing the gross area of the
project site (including any area
to be dedicated for streets,
highways, or easements) by the
number of dwelling units proposed.
(iii) Building Heights - Maximum building
height within the PD District
shall be 30 feet.
(iv) Interior Open Space - Each project
within the PD District shall
devote a minimum percentage of net
project area to interior open
space as set forth hereinbelow.
'Interior Open Space' shall be
defined as land area not devoted
to or covered by structures or any
area serving motor vehicles (such
as parking areas, loading areas,
driveways, streets, or alleys) and
not part of any perimeter bufferyard
area required in Table 3A.
"Table 3B specifies the minimum
percentages of net project area to
be devoted to interior open space.
TABLE 3A
MINIMUM BUFFERYARD REQUIREMENTS
FOR PROJECTS IN THE PD DISTRICT
NOTE: The number in each cell is the minimum width bufferyard
required when adjacent to the PD structures whose heights are
shown in the far left column. Thus, the width of bufferyard may
vary along a given perimeter depending on whether it is adjacent
to a PD street, parking area, or structure within the PD project.
Fences or walls integrated into the bufferyard shall not be
considered PD structures for purposes of this table.
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GENERAL PLAN DESIGNATION
Type
PD
OF ADJACENT PROPERTIES
f
Strt
(or existing/planned boundary streets)
Land
Prk
Use
Area
Interio
or
or
PD
Dpen
Comrcl
Perimetr
StrcSpace
Resdntl
Resdntl
and
Iadstrl
Arteria
Ht
and
0-5
5-18
Instnl
and
Hwy or
Adj
Recrtn
du/AC
du/AC
(3.0,
Resrch
Inter io
Per imetr
to
(2.0 to
(1.1 to
(1.5 &
3.1,
(4.0 to
Local
Local
Bfyd
2.9)
1.4)
1.6}
5.0)
4.4)
Strt **
Strt
-S/P
5
5
5
5
5
5
10
0-20
As Apry
ft
10
15
5
15
20
on
25
Resdnt3Over
Specific
20
Develpm
ft
20
20
10
20
30
Plan
35
S P
20
20
20
5
5
1 10
15
0-20
Indstrl
ft
30
30
30
15
10
10/20
30
ver
20
ft
40
40
40
25
20
20/30
40
S P
10
10
0
5
5
10
15
omrcl,
Office,
-20
Instnl,
ft
10
20
20
10
15
10/20
20
ecrtn
& all
ver
other
20
uses
t
20
30
30
20
25
15/25
30
NOTE: The number in each cell is the minimum width bufferyard
required when adjacent to the PD structures whose heights are
shown in the far left column. Thus, the width of bufferyard may
vary along a given perimeter depending on whether it is adjacent
to a PD street, parking area, or structure within the PD project.
Fences or walls integrated into the bufferyard shall not be
considered PD structures for purposes of this table.
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194
*The S/P standard shall apply when a street or parking area
(instead of a structure) is adjacent to the bufferyard.
**Where two numbers are given (e.g., 20/30), the first number is
the minimum distance to any structure; the second number is the
minimum average distance to all structures along the interior
local street in question.
"TABLE 3B
"INTERIOR OPEN SPACE REQUIREMENTS
"Commercial, office, indoor,
recreation, institutional, and
related uses: 18%
Industrial (i.e., uses permitted
in MG and MP Districts) and
business parks with mixture of
industrial and heavy commercial
uses: 15%
"Outdoor Recreation Uses: 80%
"(v) Additional Standards - The City
may require certain development
standards relating to such items
as setbacks, lot sizes, lot frontages,
etc., to be incorporated into the
Specific Development Plan in
addition to those set forth in
Paragraphs 5(i) through 5(iv),
preceding.
"(vi) Home Additions - The City may
require, as part of the Specific
Development Plan, standards for
home additions in residential
projects. Such standards may
include permitted expansion area,
standard patio cover designs, etc.
In projects where Home Addition
Standards have not been specified,
additions shall be permitted up to
the minimum lot setback (or
building separation if there are
not individual lots) which currently
exists for that dwelling type
within the tract in question.
"(vii) Modifications To Development
Standards - Modifications to the
Numerical Development Standards
set forth in Paragraphs 5(i)
through 5(iv), preceding, may be
approved by the City during review
of the Specific Development Plan
if the approving body makes all of
the following findings:
QZ
"Percentage Of
Net Project
"Residential Projects
Area To Be
by General Plan Map
Devoted To
Designations
Open Space
"Very Low (below 1 du/AC):
65%
Low (1 - 2 du/AC):
55%
Medium Low (2 - 3.5 du/AC):
45%
Medium (3.5 - 5 du/AC):
35%
Medium High (5 - 8 du/AC):
30%
High (8 - 18 du/AC):
25%
"Commercial, office, indoor,
recreation, institutional, and
related uses: 18%
Industrial (i.e., uses permitted
in MG and MP Districts) and
business parks with mixture of
industrial and heavy commercial
uses: 15%
"Outdoor Recreation Uses: 80%
"(v) Additional Standards - The City
may require certain development
standards relating to such items
as setbacks, lot sizes, lot frontages,
etc., to be incorporated into the
Specific Development Plan in
addition to those set forth in
Paragraphs 5(i) through 5(iv),
preceding.
"(vi) Home Additions - The City may
require, as part of the Specific
Development Plan, standards for
home additions in residential
projects. Such standards may
include permitted expansion area,
standard patio cover designs, etc.
In projects where Home Addition
Standards have not been specified,
additions shall be permitted up to
the minimum lot setback (or
building separation if there are
not individual lots) which currently
exists for that dwelling type
within the tract in question.
"(vii) Modifications To Development
Standards - Modifications to the
Numerical Development Standards
set forth in Paragraphs 5(i)
through 5(iv), preceding, may be
approved by the City during review
of the Specific Development Plan
if the approving body makes all of
the following findings:
QZ
lz5
"(a) That the modifications are
necessary for the project to
meet the spirit and intent of
the General Plan;
"(b) That the overall quality of
the project would be less if
the modifications are not
granted; and,
"(c) That the minimum requirements
of other compensating standards
have been significantly
exceeded.
"(d) Development Plans and Review
"(1) Eligibility
"Application may be made for a zone
change to PD under the following
conditions:
"(i) The Specific Development Plan
encompasses the entire site,
parcel or parcels in question.
"(ii) The Specific Development Plan
meets all requirements of this
section, as well as those of all
Environmental Management Overlay
Districts which apply (Reference
Article 9-3.5).
"(2) Procedure For Change of District
Regulations To Planned Development
"Prior to the acceptance by the City of
a zone change application pursuant to
the provisions of Section 9-2.301 of
this title, the applicant shall submit
a Specific Development Plan (SDP) for
the site in question. The SDP shall
consist of maps and other graphics
detailing the precise standards and
land use regulations to be applied to
the site in question. Details of the
plan components shall be in accordance
with guidelines set forth by the City.
"Building, grading, landscaping, and
related development plans shall be
reviewed pursuant to Municipal Code
Section 9-2.305.
"(3) Adoption of Specific Development Plans
"(i) The SDP shall be reviewed with the
amendment (zone change) petition
pursuant to the provisions of
Section 9-2.301. Action by the
City on the zone change petition
may be concurrent with but may not
precede the approval of the SDP.
The SDP may be approved, modified,
conditionally approved, or denied
in part or its entirety. If the
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SDP is approved, the City Council
shall adopt said SDP by ordinance.
The adopted ordinance shall specify
all conditions of approval, if any,
along with other matters as deemed
appropriate by the City Council.
"(ii) After adoption of the zone change
and SDP, the designation number for
said SDP shall be entered on the
Official Zoning Map along with the
PD zone designation for the parcel
or parcels in question. The PD
zone designation with its SDP
designation number shall refer only
to that specific SDP adopted by the
City Council. No other SDP shall
be applied to the PD zoning except
as hereinafter provided for through
SDP amendment.
"(4) Amendment of Specific Development Plans
"(i) The Director may approve minor
modifications to approved Specific
Development Plans pursuant to
Section 9-2.314.
"(ii) The Planning Commission may approve
modifications to approved Specific
Development Plans if the Commission
determines that the modification is
consistent with the overall purpose
and general design of the original
adopted SDP and that the integrity
of the original project concept and
plan is maintained. The amended
SDP shall then become the SDP
associated with the Planned
Development district designation on
the Official Zoning Map.
"(iii) If the Planning commission determines
that the proposed amendment is not
consistent with the overall purpose
and general design of the originally
adopted SDP, a new zone change
application will be required. Such
zone change will be reviewed in the
same manner as the initial application
(Reference Paragraph (d) (3),
preceding).
"(e) Supplementary District Regulations
"The Supplementary District Regulations of
Article 9-3.6 (signs, parking, fence
regulations, etc.) shall apply to projects in
this PD (Planned Development) District.
However, if specific supplementary district
regulations are adopted as part of an SDP,
those regulations shall supersede such Article
9-3.6 regulations.
"(f) Issues Not Addressed
"In cases where a standard, regulation, or
other issue is not addressed in an SDP, the
appropriate provision of this Title 9 shall
regulate.
we
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"(g) Common Areas
"(1) The SDP, through appropriate legal
instruments such as CC&Rs, management
agencies and/or owners' associations,
shall provide means for the ongoing
maintenance of all open space, private
streets, parking lots, buildings and the
like. Said legal instruments shall be
approved by the City and shall be
appropriately recorded prior to the
issuance of building permits.
"(2) The CC&Rs or other legal instruments
shall incorporate provisions of the
responsible homeowners association, the
maintenance of any commonly -owned land
should the City determine after
reasonable and customary notice to the
homeowners association, that adequate
maintenance is not being performed on
such land.
"(3) In the case of owners' associations, no
in -common holding may be sold or
otherwise transferred to the control of
any other entity except one conceived
and designed to fulfill the same basic
purposes as the owners' association."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. Citv 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 6th day of
October 1 1981 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: None
PHILLIP K. SCHWARTZE, MAYO
ATTEST:
I
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