Ordinance Number 387ORDINANCE NO. 387
"FLAG" LOTS AND BUILDING ENCROACHMENTS
AN ORDINACE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING PARAGRAPHS B-8 AND B-9 TO
SECTION 3.4.24 AND AMENDING PARAGRAPH B OF
SECTION 4.1.14 OF ORDINANCE NO. 293 RELATING
TO "FLAG" LOTS AND EXISTING YARD ENCROACHMENTS
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. From the City's experience in applying Ordinance
No. 293, it has become apparent that there are
two recurring types of variance applications.
These are:
a. Creation of "flag" (reduced frontage) lots.
b. Building additions that line up "flush" with
an existing exterior wall that presently
encroaches into a required setback.
These applications have little potential to
affect neighboring properties, are presently
subject to other building and development review
restrictions, and can be approved or denied
without need for the variance procedure.
2. The City's Environmental Review Board has reviewed
the proposed amendment to Ordinance No. 293
contained herein, has determined that it 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.
3. The Planning Commission has reviewed the proposed
amendment and forwarded it to the Council
recommending adoption.
4. The proposed amendment is consistent with the
overall goals and policies of the General Plan.
SECTION 2. Text Amendment.
1. The following paragraphs are hereby added to
Section 3.4.24 of Ordinance No. 293:
"B-8. Lots with street frontages below the minimums
set forth in Table 3-1 may be permitted
without approval of a variance if all of the
L, following conditions are met:
a. The Lot's street frontage remains a
minimum of 20 feet.
b. The lot is designed such that the
reduced width portion constitutes an
access corridor to the buildable
portion, which is set back away from
the street.
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C. The minimum width of the buildable
portion of the lot conforms to the
requirements of Table 3-1.
d. The Planning Commission determines that
adequate visitor parking will be provided
on the lot to compensate for the loss
of street frontage parking.
Actual creation of reduced -frontage lots
shall be subject to normal City approval of
required tract or parcel maps. The reduced -
frontage portion of such lots shall not be
included in the computation of lot area
(reference Section 4.1.14)."
"B-9. On lots with an existing building setback
encroachment into a required yard, structural
additions having the same said encroachment
are permitted without approval of a variance.
However, no encroachments in excess of that
existing, nor any new encroachments into
other yards may be permitted without the
approval of a variance (reference Section
2. Paragraph B of Section 4.1.14 of Ordinance No. 293
is hereby amended as follows:
a. The first sentence, "Lot sizes shall be
interpreted as that entire area encompassed
by the property lines of a property regardless
of the shape.", is deleted.
b. Subparagraph B-6 is amended to read:
"6. Long, narrow portions of irregularly-
shaped lots used for access to the main
portion of the lot shall not be considered
in establishing setback areas nor shall
they be credited for meeting the total
area requirement of a lot."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force 30
days after its passage.
SECTION 4. 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 15
days after its passage.
PASSED, APPROVED AND ADOPTED this 18th day of
_, 1979 , by the following vote, to wit:
AYES: Councilmen Schwartze, Buchheim and
Mayor Friess
NOES: Councilman Thorpe
ABSENT: Councilman Hausdorfer
KENNETH E. FRIE S, MAYOR
ATTEST:
CIL
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