Ordinance Number 409ORDINANCE NO. 409
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE (LAND USE)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 9
OF THE MUNICIPAL CODE RELATING TO ZONING FOR
CARETAKER RESIDENCES, SMALL FARM ANIMALS, AND
RELIGION -RELATED LAND USES
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 ordinance 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.
B. The ordinance amendment will provide continued
City control over potential land use conflicts
while allowing individual consideration of certain
land uses which may be appropriate in zoning
districts in which they have been previously
prohibited.
SECTION 2. Text of Amendments to Land Use Management Code.
A. Introduction
Based on the findings set forth in Section 1,
Title 9 of the San Juan Capistrano Municipal Code,
set forth in Paragraphs B, C, and D, following,
are hereby enacted:
B. Caretaker Residences in AG, RA, EL, ES,
and RS Districts
1. Sections 9-3.401(c), 9-3.402(c), 9-3.403(c),
9-3.404(c), and 9-3.405(c) are amended by
adding:
"Temporary caretaker residence during the
construction of a permanent single family
residence on an individual lot in accordance
with the provisions of Section 9-3.612 (Caretaker
Residences).
2. Paragraph (a) of Section 9-3.612 (Caretaker
Residences) is hereby amended to read as
follows:
i. "(a) Outside FP1 or FP2 Districts:
"(1) Each permanent caretaker residence
located outside the FPI or FP2
Districts shall meet all of the
following requirements:
"(i) It shall be listed as a permitted
use in the applicable District.
"(ii) It shall meet all yard setback
requirements of the applicable
District.
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"(2) Each temporary caretaker residence
located outside the FPI or FP2
Districts shall meet the requirements
listed under Paragraph Al, preceding,
and all of the following requirements:
"(i) It shall be no greater than
720 square feet in floor area.
"(ii) It shall be removed no later
than 9 months after issuance
of the set-up permit for the
caretaker residence or upon
issuance of the certificate of
use and occupancy for the
permanent residence, whichever
event occurs first.
"(iii) The set-up permit for the
caretaker residence shall not
be issued until after issuance
of the building permit for the
permanent residence.'
"(iv) In order to insure compliance
with the preceding conditions,
a cash deposit or other surety
shall be deposited with the
City for the period that the
temporary caretaker residence
is to be located on the property.
The surety shall be accompanied
by a written authorization
from the property owner for
the City to enter the property
and remove the caretaker
residence if all requirements
for its use are not met. The
authorization shall also state
that the surety will be
forfeited to the City if all
such use requirements are not
met."
Small Animal Raising in EL, ES, and RS Districts
Paragraph (d) (4) is hereby added to Sections
9-3.403, 9-3'.404 and 9-3.405 as follows:
"(4) Small animal raising, non-commercial, in
conjunction with the residential use of a
lot, wherein the lot size is greater than
15,000 square feet. Permitted species include
rabbits, chickens, and animals of similar
size. Animal slaughtering or commercial
animal raising or breeding is prohibited."
D. Religion Related Uses in Commercial Districts
Sections 9-3.412(d), 9-3.413(d), 9-3.414(d), and
9-3.415(c) are hereby amended by adding:
"Religion related uses, including churches, temples,
synagogues, convents, monasteries, religious
retreats, and other places of religious worship."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
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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 2nd day of
July 1 1980 , by the following vote, to wit:
AYES: Councilmen Friess, Schwartze, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT:
ATTEST:
CITY CL,
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. 409 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on June 18 1990 , and adopted at
a meeting held on July 2
(SEAL)i(/ tiJ%iO7�
MARY ANN OVER, CITY CLERK
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