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Ordinance Number 154283 ORDINANCE N0. _,154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING ORDINANCE NO. 115 RELATING TO ZONING The City Council of the City of San Juan Capistrano does hereby ordain as follows: SECTION 1. That Section 2.01.1 of Ordinance No. 115 be amended by adding after the definition of "SIGN, ROOF.:" the following: "SIGN, SUBDIVISIONDIRECTIONAL - A sign permitted for a temporary period of timeforthe purpose of4directing the traveling public to a subdivision within the City for sales purposes." SECTION 2. That Section 4.O1.1.0 thereof be amended to read as follows: "C. Animal husbandry, to include horse stables, paddocks and corrals." SECTION 3. That Section 4.04.1 C thereof be amended to read as follows: "C. Horses, limited to one (1) per lot or not more than two (2) per acre." SECTION 4. That Section 4.05.1 thereof be amended by adding a new paragraph E thereto as follows: "E. Horses limited to one (1) per lot or not more than two (2) per acre." SECTION 5. That Section 4.06.5 thereof be amended to read as follows: "MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 80 feet." SECTION 6. That Section 4.10 thereof be amended by adding subsection 4.10.11 thereto to read as follows: 114.10.11 Recreational facilities: 1/15th of the open area shall be utilized for private recreational facilities to serve the occupants unless pro- visions for recreational facilities have been made per City Parks and Recreational Element of the General Plan." - ' 184 SECTION 6. That Section 4.11 thereof be amended by adding subsection 4.11.11 thereto to read as follows: "4.11.11 Recreational facilities: 1/10th of the open area shall be utilized for private recreational facili- ties to serve the occupants unless provisions for recreational facilities have been made per City Parks and Recreational Element of the General Plan." SECTION 7. That Section 4.12 thereof be amended by adding subsection 4.12.10 thereto to read as follows: 114.12.10 Recreational facilities: 1/20t" of the open area shall be utilized for private recreational facili- ties to serve the occupants unless provisions for recreational facilities have been made per City Parks and Recreational Element of the General Plan." SECTION 8. That Section 4.14.1.A be amended to read as follows: "A. Professional uses are the main use and all uses permitted in R1, R2 and R3 districts in combination withaa pro- fessional use are permitted only as an accessory use to the main use provided they occupy the same structure." SECTION 9. That Section 4.15.1 A be amended to read as - follows: 114.15.1 USES PERMITTED A. The following uses when conducted within a building: Appliance shops Hotels and motels Antique & Curio shops Ice Cream Parlors Art goods & studios Laundromats (coin operated) f Auto supplies Locksmiths Banks Musical supply & instrum. Bakeries (retail only) News stands Barber shops Notions & Novelties Beauty parlors Parking lots Bicycle shops Pet shops (house pets only) Business offices Photographic studios Candy stores Professional offices 185 Catering establishments Real Estate offices Cleaning Agencies Restaurants Clothes pressing Service stations Department stores Shoe repair shops Drug stores Stationery shops Employment agencies Tailor shops Florists Utility offices & exchanges" . Grocery SECTION 10. That Section 4.15.2 thereof be amended by adding to subparagraph A the following: _ "On- Sale Liquor Licenses, Off -Sale Liquor L}censes, On -Sale Beer Licenses, Dancing, Live Entertainment." SECTION 11. That Section 4.16.1 thereof be amended by adding to subparagraph A "Candy stores, and ice cream parlors" and by deleting therefrom "Liquor stores." SECTION 12., That Section :4.16.2 thereof be.amended by adding to subparagraph A the following;: "Qn-Sale Liquor Licenses, Off -Sale Liquor Licenses, On -Sale Beer Licenses., Dancing, Live Entertainment." SECTION 13. That Section 4.17.1 thereof be amended by adding to subparagraph A the following:__ "Motorcycle sales and services.,- SECTION ervices."SECTION 14. __That _Section 4.17,2 thereof be amended by adding to subparagraph A the following;._. "Heavy,equipment..sales and..service, truck storage." - SECTION 15. That Section 4.18.1 thereof be amended by adding to subparagraph A the following: "Motorcycle sales and service, Retail and Wholesale Feed Store (No outside bulk storage)." SECTION 16. That Section 4.19.1 thereof be amended by adding to subparagraph A the following: _ "Motorcycel sales and service.,, SECTION 17. That Section 4.20.2 thereof be amended by amending subparagraph A (1) to read as follows: "(1) Assembly of retail or wholesale items to a finished product. Such items may be made from bone, brass, cellophane,,fiber,,fur, glass, iron, latex, lead, leather, paper, plastics, steel, tin, wood, food, or yarn." 186 SECTION 18. That Section 4.21.1 thereof be amended by amend- ing subparagraph D to read as follows: "D. The actual manufacturing and assembly of retail or whole- - sAle items to a finished product such as but not limited - to boats, trailers, toys, cars, motorcyceles, clothes, furniture, paint, beverages, etc. Items may be made from bone, brass, cellophane, fiber, fur, glass, iron,^ latex, lead, food, leather, paper, plastics, steel, tin, wood or yarn. PROHIBITED types of industries and land ueses are as follows: Abattoir, blast, cupola or metal furnace, boiler shops, cote ovens, dehydrators, disti;- lation of bone, dog and cat food factory, fat rendering, fish cannery, garbage, offal or dead animal disposal or reduction, incineration,- reduction or dumping or offal, garbage or refuse on:a commercial basis, junk jard, oil refinery; oil salvage enterprise, petroleum refinery, radium extraction, rock crushing, rock sand and gravel storage, rolling mill, salt wprks, salvage enterprises or auto wrecking, -sandblasting, smelting, soap works, storage or baling of bottles, junk, old iron, rags, rubber,, or scrap paper, sugar refining, tannery, wood distillation, wool -pulling or scouring.. SECTION 19. -That. Section 5.01.2 thereof be amended by adding to the end of said section the following:. - r "and .shall meet the test of subparagraph (4) of paragraph SECTION 20. That Section 5.01.2 thereof be amended by adding subparagraph Itto read as.follows: "I. Grading operation when there is no approved zoning for .. .the proposal and/or no approved subdivision map on the property. This condition may be waived by the City Council when geological or topographical conditions' warrane such waiver." SECTION 21. ThatSection5.01 thereof be amended by adding subsection 5.01.7 to read as follows: 115.01.7 Use conversion permit must be accomplished on all non- conforming uses when converted to a permitted use." 187 SECTION 22. That Section 5.06.1 thereof be amended by adding to the first line of said section immediately following the word "used" the words "constructed or remodeled." SECTION 23. That Section 5.07.1 thereof be amended to read as follows, 'I 115.07.1 The following rules and regulations are adopted pursuant to the authority of Section 18010 of the Health and Safety Code of this state: A. Each mobilehome park shall contain a minimum of fifteen (15) acres of landJ The land shall be property graded to provide for adequate drainage and freedom from sheet overflow as determined by engineering design. B. Fences shall be constructed on side and rear adjoining property lines. Said fences shall be a minimum of six (6) feet in height, con- structed of non-combustible materials, and if of wire, shall be considered with a landscaping plan which provides buffering-. C. Each mobilehome site shall have an area of at least three thousand (3,000) square feet with a minimum frontage width of forty-six (46) feet facing a street. - D. In addition to the 1� parking space per mobile - home site requirement, per Section 5.08.7 DD, there shall be a guest parking requirement of one (1) automobile parking space for every four (4) mobilehome sites. E. A storage area for campers, camper trailers and boats shall be provided at the ratio of one (1) space for every ten (10) mobilehome sites. F. Private streets within the boundaries of the mobilehome park shall have no less than thirty (30) feet of paved right-of-way. G. That the minimum distance required for the separa- tion of a mobilehome from a building shall be ten (10) feet. The minimum distance required for 188 the separation of a mobilehome shall be: 10 feet from side to side, 8 feet from side to rear, and 6 feet from rear to rear, provided, however, that each mobilehome shall not be located closeerthan 3 feet from the rear or side lot line. H. Development standards of Section 4.12.9 of this ordinance are applicable to all approved mobile - home parks. I. Every cabana placed, constructed, or erected on a lotin a mobilehome park shall have concrete or masonry footings and foundation construction in accordance with regulations of the California Administrative Code, Title 8, Chapter 9, Article 4, Part 7, Section 16399, subparagraph B. SECTION 24. That Section 5.08.3 D thereof be amended to read as follows: "D. Twenty-five (25) feet wide for ninety (90) degree parking." SECTION 25. That Section 5.08.7 G thereof be amended to read as follows: "G.. Food to go establishments One parking space for each forty (40) square feet of gross floor area, but in no case less than 12 stalls." 110. G -site Lenporary siCI.-as -.�_; �.'-':,g Co SEOTION 26. That Section 5.09.1.0 thereof be amended to read as follows: 110. On-site temporary (directional) signs pertaining to apprdved subdivisions within the City and as appgfoved by the Planning Commission subject to the following pro- visions: 1. Maximum of one sign (single -faced) of 200 square feet in area. pertaining to the rental or sale of dwellings or buildings upon the property. 2. Aggregate sign square footage shall not exceed twice the lineal frontage of the property when and if additional signs are permitted. 189 3. Said signs to be removed within two (2) years from date building permit is issued. The Planning Commission may grant additional one-year extensions of time provided said request is considered reason- able. 4. A cash bond or other security in the amount of $100.00 shall be deposited with the City for each sign permitted to assure removal after expiration date, prior to the issuance of a building permit. 5. The owner of the sign and the ow4r of the property shall furnish the City or any of its agents or employees permission to enter upon the premises to remove said sign, siad authorization to be furnished the City prior to the issuance of a building permit. 6. Three (3) sets of elevation and plot plans are to be submitted to thePlanningCommission. Elevatl6na to show size, message and colors. SECTION 27. That Section 6.01.12 thereof be amended to read as follows: 116.01.12 Any interested and aggrieved party owning land within 300 feet of the exterior boundaries of the property under consideration may file an appeal with the City Council within the twenty day period. The person so appealing shall pay the City Clerk the sum of $25.00. The City Clerk shall comply with the conditions of Section 6.01.4.0 pertaining to appeal publication and notification to property owners." SECTION 28 - APPEALS BY THE CITY COUNCIL 1113.01.1 Not withstanding any of the other provisions of this Ordinance, the City Council may, within the respective appeal periods herein set forth, and upon motion duly passed, call any matter passed upon by the City Planning Commission before the City Council for review." iso "13.01.2 Upon such review the proceedings before the City Council shall go forward in the same manner as presented before the City Planning Commission; i.e., public hearing or otherwise." 1-13.01.3 After such review the decision of the City Council shall be final unless the matter is referred back to the City Planning Commission." SECTION 29. That former Section 13 is redesignated Section 14. SECTION 30. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of San Juan Capistrano at a regularmeetingheld on the 24th day of March, 1969, and shall cause the same to be published in the Coastline Dispatch within (15) fifteen days after its passage. PASSED, APPROVED and ADOPTED this 24th day of March, 1969. ATTEST: Ti'M Clerk or the ity San Juan Capistrano STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ss ) im-o n yor o t ity o San Juan Capistrano I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, California, do hereby certify that the attached and foregoing ordinance was duly and regularly adopted by the said City Council at a regular meeting held on the 24th day of March, 1969, and passed by the following vote, to wit: AYES: COUNCILMEN: FORSTER, BATHGATE, OLIVARES and CHERMAK NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: DURNFORD y 06�'i1� City Clerk