Ordinance Number 44416,1
ORDINANCE NO. 444
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
STREETS AND HIGHWAYS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-4.103 OF THE
MUNICIPAL CODE - STREETS AND HIGHWAYS
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. This Code Amendment will serve to increase
flexibility and innovation in the design of new
development projects without compromising traffic
safety or decreasing City control over street
design.
SECTION 2. Amendment Text.
A. Introduction
Based on the findings set forth in Section 1,
preceding, the following amendment to the Municipal
Code is hereby enacted:
B. Amendment
The text of Section 9-4.103 is hereby repealed and
the following substituted therefor:
"Section 9-4.103. Streets and Highways.
"(a) Introduction - This section sets forth street,
highway, and alley requirements to serve
existing and new development in the City.
"(b) Paving - Pavement materials shall consist
only of aggregate base with asphalt concrete,
and/or Portland Cement concrete, conforming
to the requirements of the State of California
Department of Transportation Standard
Specifications (as last revised). Pavement
thickness shall be designated by the City
Engineer.
"(c) Engineering Manual - Design speeds, curve
radii, street grades, and related standards
shall be as set forth in the City Engineering
Design Manual. Said Manual shall be adopted
by resolution of the City Council.
QC
"(d) Public Streets and Dedications
11(1) General Requirements - All streets and
highways intended for through traffic or
providing access to public areas within
a property to be developed shall be
public streets and shall be constructed
and dedicated to the City by the developer.
11(2) offers of Dedication - Real property
within a development project to be used
for future streets, highways, or alleys
shall require an irrevocable offer of
dedication.
"Where the City requires an irrevocable
offer of dedication, on-site improvements
shall be constructed in such a manner as
to not interfere with the future use of
the right-of-way. Such on-site improvements
shall also be constructed in such a
manner as to conform to all the provisions
of this Code and the General Plan in
order to provide for future City acceptance
of the offered dedication.
(3) Reimbursement Agreements - Streets and
highways that would provide access to
areas to be developed in the future or
whose closing would cause an undue
disruption to the orderly development of
the City shall be construeteO and
dedicated to the City by the developer.
The developer may be required to
construct improvements not required by
the project or which are off-site of
property to be developed. A reimbursement
agreement for such improvements may be
provided by the City. Conversely, a
developer may be required to pay fees in
reimbursement for improvements previously
constructed.
"Where the City requires the construction
and dedication of facilities prescribed
in the General Plan through a reimbursement
agreement, the area benefited shall be
determined through public hearings
before the Planning Commission and City
Council.
"(4) Parkway Facilities - Parkway area shall
be provided adjacent to roadways to
allow room for provision of utility
lines, sidewalks, bikeways, equestrian
trails, street landscaping, and related
facilities. Such parkway facilities
shall be constructed in conjunction with
the roadway proper per the requirements
of this Chapter (ref. Figures 4-5 through
4-7, following).
"The additional parkway 'facilities shall
insure reasonable public access to
public natural resources, consistent
with public safety.
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"(5) Access Rights - The City may require the
waiver of direct access rights to any
street, highway, or alley which is to be
dedicated to the City from property
abutting thereon.
"(e) Private Streets - Private streets, including
driveways, may be permitted by the City for
local access only. Such streets shall be
built to the same construction standards as
public streets of the same classification
(classifications set forth in Paragraph (f),
following). Private streets shall not be
maintained by the City. Where private streets
are permitted, verification of the intention
and ability to assume the maintenance thereof
shall be provided to the City Engineer in the
form of legal documents fixing such
responsibility.
"(f) Required Local -Access Streets - The following
streets will be required for local access to
abutting residential and non-residential land
uses (Table 4-1). Standard sections for such
streets are shown in Figure 4-1. Right-of-way
widths for local access streets may be
reduced in conjunction with development
review if the City determines that such
reduction will not result in greater project
density or intensity. Local access streets,
except driveways, may be public or private,
as determined by the City during development
review. Driveways shall be private in all
cases.
"TABLE 4-1
"REQUIRED LOCAL ACCESS STREET SECTIONS (Non -Arterial)
"A. RESIDENTIAL --BY NUMBER
OF DWELLING UNITS SERVED AND AVERAGE LOT SIZE
-I-
Average Lot Size of Dwelling Units Served
Tnhse.
Below
5000-
10,000-
20,000
1-2
Over
No. of
Dwlg. Units
or
15000
10,000
20,000
Sq. Ft.
Acres
2
Served
Mult.
Sq. Ft.
Sq. Ft.
Sq. Ft.
-1 Acre
Acres
Family
1
Driveway
Way
Way
Way
Way
Lane, Way,
Lane, Way,
Lane, Way,
12 or less
or
or
or
or
Local, or
Local, or
Local, or
Local
Local
Local
Local
L. Rural
L. Rural
L. Rural
12-24 on cul-de-
Way
Way
Way
Way
sac or 24-48 on
or
or
or
or
Way,
Way,
Way,
through street
Local
Local
Local
Local
Local,
Local,
Local,
or
or
or
24-48 on cul-de-
Local
Local
Local
sac or 48-96 on
Local
Local
Local
Local
Rural
Rural
Rural
through street
48-60 on cul-de-
I
Local or
Local or
Local or
sac or 60 or
Local
Local
Local
Local
Local
Local
Local
above on through
Rural
Rural
Rural
street
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NON -RESIDENTIAL --BY AVERAGE DAILY TRIP:
A Way or Local Street shall be required if
2500 ADT or less is to be generated by
abutting uses and through traffic. If
generation is greater than 2500 ADT, an
arterial highway shall be required in
accordance with Paragraph (g), following:
"(g) General Plan Arterials - All arterial
highways within the City shall be public
streets and shall be improved in accordance
with applicable adopted precise alignments.
Precise arterial alignments shall be in
accordance with the classification --primary,
secondary, commuter --and general alignments
shown on the General Plan. Standard sections
for arterial highways are shown in Figures
4-2 through 4-4.
"The following shall be the capacities of
arterial highways in average daily trips
(ADT):
"Commuter or Commuter Rural Highway --2500-7000
ADT
"Secondary or Secondary Rural Highway --7000-
20,000 ADT
"Primary or Primary Rural Highway --Over 20,000
ADT
"Dwellings shall not take direct access onto
arterial highways unless the City finds, by
special circumstance, that such access is
warranted and can be designed consistent with
traffic safety. The City may require special
driveway design to insure forward vehicle
entry onto such arterials.
"(h) Alleys - Alleys may be permitted, in
non-residential districts, only when
off-street parking, service, loading, and
delivery areas are not otherwise available.
Alleys in non-residential districts shall be
constructed and dedicated to the City of San
Juan Capistrano in compliance with this
Section and the design standards prescribed
in the City's road design manual.
"Alleys may be permitted in residential
districts if approved by the City during
development review. Said alleys shall be
private. Verification of the ability and
intention to maintain private alleys shall be
provided to the City Engineer in the form of
legal document fixing such responsibility.
SC
Definitions - For purposes of this Section,
certain terms shall be defined as follows:
'1. 'Right -o£ -way' shall mean an area or
strip of land, either public or private,
on which a right of passage has been
recorded. Thus, 'right-of-way' shall
include a public right-of-way, an
easement, a common lot containing a
private street, or other public or
private right of passage consistent with
the above definition.
'2. 'Roadway' shall mean that portion of a
street, highway, or alley right-of-way
designed or used for the movement of
vehicles. The roadway may or may not
accommodate vehicle parking.
"3. 'Parkway' shall mean that portion of a
street, highway, or alley right-of-way
adjacent to but outside of and separate
from the roadway proper. Parkway area
does not include median strips and is
not designed or used for the movement of
motor vehicles.
"(j) Standard Road Sections - Figures 4-1 through
4-7, following, are the standard road and
parkway sections required per this Code
Section. These road sections shall be
required for all new development unless the
City, after finding of special circumstance,
approves modified or alternate road sections.
The sections shown may be required to be
expanded near intersections to provide width
for deceleration lanes, left turn pockets,
and other intersection facilities."
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me
STANDARD RESIDENTIAL
a OTHER LOCAL ACCESS STREET SECTIONS
12' "lin.
DRIVF?dAY
(private only)
56'
16'y` 20' 18,0
Parkway _ _Parkway
LA'Z
Curb and gutter or (Public or private)
drainage Swale
ccs i
Sidewalk and parkway design
Ito be determined during
development review
WNY
(Public or private)
56'
(Public or private)
56'
LOCAL RURAL STREET`
(Public or private)
Public or private status and drainage, sidewalk, curb, landscaping, and other parkway
improvements to be determined during developnent review. On -street parking may be prohibited
DETAIL NOTES
1. Paved shoulder (non -paved shoulder to be used only on approval of the City Engineer)
2. 2gadus�nts may be made in the right-of-way in accordance with Section 2(e)
)
R/W
STANDARD PRIMARY HIGHWAY
SECTIONS
PRIMARY
104'
171
R/W
3'. 5'. 3'
t'ITIMANT NUKAL
Detail Notes
1. Paved Shoulder
.(Nan -paved shoulder to be used
only of approved by City
Engineer)
2, Drainage Swale
FIG. 4-2
General Notes
1. The City Engineer shall
providestandarddrawings j
specifying materials and methods
of construction_
2. Sidewalk,landscaping and
other parkway improvements shall
be determined during development
review.
3. Parkway (and right-of-way)I�
widths may increase if
additional facilities are
required outside of the traveled
way (e.g. equestrian trails)
Ref. Std. Parkway facilities
details, following.
5' . 3
S"i-A1JD,% ; (D
HIGHWAY
SECONDARY
SECTIONS
5EGUNDARY
104'
SECONDARY RURAL
,w
17!
DETAIL NOTES
1. Paved shoulder (non -paved shoulder to be used only if approved by
City Engineer.)
2. Drainage swale.
GENERAL NOTES
1. The City Engineer shall provide standard drawings specifying materials
and methods of construction.
2. Sidewalk, landscaping, and other parkway improvements shall be
determined during development review.
3. Parkway (and right-of-way) widths may increase if additional facilities
are required outside of the traveled way (e.g. equestrian trails)
ref. Standard Parkway Facilities details, following.
FIG 4-3
STANDARD COMMUTER
SECTIONS
20'
M
COMMUTER
e
175
R/W 80 R/W
10 1 81 t 12' 12' 8 10,
Si5 3' Ti :5 5' 3
� I
2 I 1 2
COMMUTER RURA
DETAIL NOTES
GENERAL NOTES
1. Paved Shoulder (Non -paved shoulder to be 1. The City Engineer shall
used only if approved by provide standard drawings
2. Drainage Swale City Engineer) specifying materials and methods
of construction.
2. Sidewalk,landscaping, and
other parkway improvements shall
be determined during development
review.
3. Parkway (and right-of-way)
widths may increase if additional!
facilities are required outside
of the traveled way (e.g.
equestrian trails) ref. Standard
Parkway facilities details,
following.
FIG. f-4
177
SIDEWALK AND SIKEWAY
PARKWAY FACILITIES
-...I Concrete) sidewalk
RESIDENTIAL SIDEWALK
ete sidewalk
UUMMtKUTAL z:�IuEWALK (Both sides)
L'
Measured from curb 6, 9,
face or back of
swale— 1 11 1
A.C. or concrete bikeway
\ Parkway
PEDESTRIANWAY/ BIKE TRAIL
(one side only; standard sidewalk may be required on other side)
NOTES:
1. Total right-of-way width shall be adjusted in accordance with li
parkway facilities required.
2. The City Engineer shall provide standard drawings specifying
materials and methods of construction.
FIG. 4-5
-.oIJESTRIAN TRAIL AND SCENIC HIGHWAY
PARKWAY FACILITIES
20' I All
+-I All parkway facilities
Measured from curb exclusive of general plan
face or back of equestrain trails shall b(
Swale
i1gMVKVA "iva Nr1kvY Fw.o n"1`P� contained within the 20'
)r scenic highway parkway.
.�i 5' Cone. meandering sidewalk
/ (both sides)
"SCENIC HWY PARKWAY
Measured from curb
face or back of
swale
35'
l� Natural soil equestrian
trail (one side). _
may be required
SCENIC HIGHWAY
8c GENERAL PLAN EQUESTRIAN TRAIL
25'
5' 20'
ieasured from curb face
Fence mandatory adjacent
)r back of Swale �
—� to sidewalk I
Natural soil equestrian
trail (one side)
Cone. S/W (A.C. on streets with rural designations)
--RAL PLAN EQUESTRIAN TRAIL
15'
Sidewalk both sides, equestrian
5' 10' trail one side only. Fence
leasured from curb face mandatory adjacent to sidewalk
)r back of swale — 1'
_ 1 NaturAl soil equestrian trail
Conc. S/W (A.C. on streets with rural designatior
SIDEWALK a FEEDER EQUESTRIAN TRAIL
NOTES
1. Total right-of-way width shall be adjusted in accordance with parkway
facilities required.
2. The City Engineer shall provide standard drawings specifying materials
and methods of construction. FIG. 4-6
191
HILLSIDE PARKWAY FACILITIES
RAI
10'
5' 5'
Measured from /
curb face or Sidewalk Required
back of swale G/ Adjacent to
- -� Residential Units
r
begin vertical
' curve \ 1� to 1 slope
i
RESIDENTIAL SIDEWALK
R/W
1' Min. I /
t/ i
C /
1� to 1 Slope
� in vertical
curve \
`-'NO SIDEWALK \
10'
begi
fence
natural
n vertical curve /
1� to 1 slope
EQUESTRIAN TRAIL
(one side or both) \
FIG. 4-7
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 1st day of
December , 1981 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: None
ATTEST:
CITY CLER
A&i ,
c%a
PHILLIP R. SCHWARTZE, MAYOR
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. 44A , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on November 17 1981 , and adopted at
a meeting held on December 1 1981•
( SEAL) % Z�C.}�yGO%/�
MARY ANN TO VER, CITY CLERK
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