Ordinance Number 21741
ORDINANCE NO. 217
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO AMENDING
ORDINANCE NO. 115 BY ADDING SECTION 4.24
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Sections 4.24 consisting of subsections
4.24.1 through 4.24.5 inclusive are hereby added to the pro-
visions of Ordinance No. 115.
4.24 HILLSIDE DEVELOPMENT REGULATIONS.
4.-24.1 PURPOSE. The hillside develo?ment regulations
shall be and hereby are to be applied to those areas of the City
of San Juan Capistrano which due to topography require special
consideration to assure that development of hillside lands will
not destroy the natural character and amenities of such lands
nor deplete the scenic resources of the City.
4.24.2 APPLICABILITY. These regulations shall apply
to all hillside areas within the City of San Juan Capistrano,
except as specifically excluded herein or hereafter by ordinance
or resolution of the City Council. The term hillside areas is
defined as all properties in the City which have a natural slope
of ten percent (10%) or more on twenty five percent x(258) or
more of any existing or proposed parcel or portion of a parcel
proposed for development. These hillside development regula-
tions shall be in addition to the applicable standards which.are
otherwise required by the City's adopted Grading Code and Ordi-
nance No. 115.
4.24.3 LAND USE.PERMIT REQUIREMENTS. A land use permit
as set forth in Section Six (6) of Ordinance No. 115 is required
for all hillside areas as defined in Section 4.24.2
4.24.4 PERMITTED USES. All uses permitted in the base
zoning subject to the provisions of Sections 4.24.1 through
4.24.5.
4.24.5 APPLICATION PROCEDURE. Prior to the issuance of
a land use permit and in addition to the requirements of Section
Six (6) of Ordinance No. 115, in hillside areas the applicant
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shall provide information and plans in accordance with the
following: -
A. Preliminary Plans and Design Review.
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Preliminary plans consisting of site plans,
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grading plans, landscaping and irrigation pians, and profiles of
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proposed grading plans shall be provided by the applicant. All
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plans and profile drawings shall be prepared to scale and sub-
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mitted with five (5) copies of each to the Planning Department.
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The Department will distribute the various copies to City staff
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for review and comment prior to the submission of such plans
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to the Planning Commission. The City staff shall make such sug-
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gestions as it deems necessary and forward all recommendations
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to the Planning Commission. The .Planning Commission shall there -
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after review and approve, conditionally approve, or reject such
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preliminary plans.
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B. Soils and Geologic Data.
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In addition to preliminary plans, the applicant
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shall submit detailed data describing the existing topographic,
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- soils, geologic, seismic, and drainage conditions or character -
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istics upon the proposed site.
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C. Environmental Impact Data.
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Established requirements and procedures of the
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City relative to Environmental Impact Reports shall be followed
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where applicable. -
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D. Planning Commission Review and Criteria. -
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Objectives
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In reviewing the application for a land use per -
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mit, the Planning Commission shall act to. insure the following
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objectives:
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1. Appropriate buffering of transitions from higher
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to lower densities and between different land uses.
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2. Preservation and enhancement of prominent land -
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-marks, natural rock outcroppings, natural water courses, land -
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mark trees, views and scenic vistas and areas of special natural
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beauty.
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a. Restoration of contours, altered by grading,
to create a -natural appearance by means of land sculpturing.
b. Retention of natural skyline profiles to avoid
abrupt changes in grade.
3. Use of plant materials which will:
a. Minimize fire potential
b. Protect slopes from soil erosion or slippage
c. Minimize visual effects of grading, construc-
tion and soften the impact of man-made edges.
9. Irrigation systems to provide full coverage and
adequate to sustain slope plantings.
5. Building design and siting whichowill:
a. Afford view protection and privacy
b. Utilize materials and designs which are com-
patible with the natural and/or man made environment.
c. Vary setbacks and building elevations to avoid
a continuous hard line skyline effect. -
d. Minimize grading, accommodate sloping sites and
encourage innovative building techniques in order to best blend
buildings into the terrain. j
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6. Design of street improvements to minimize grading
and to harmonize with the natural contours and character of the
hillsides.
Minimum Standards
The following minimum development standards shall apply to
all hillside development under this ordinance:
1. No cut or fill slopes shall be created which exceed
thirty ("30) feetverticalheight and four hundred (400) feet in
length.
2. All cut and fill slopes in excess of ten (10) feet
vertical height shall be contoured to present a natural undulating
appearance and shall be blended with the natural grade in the
following manner: '
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a.- where two cut or fill slopes intersect, the
corners shall be rounded with a minimum radius of twenty-five feel
--b. The edge of any cut or fill slope where the.
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slope meets the natural grade shall be blended into the natural
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grade in a vertical or horizontal arc with a radius of not less
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than twenty five (25) feet.
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c. The top and toe of any cut or fill slope or
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where anyexcavationmeets the natural grade shall be rounded in
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a vertical arc with radii not less than five (5) feet.
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d. Cut or fill slopes that exceed one hundred (100)
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feet in horizontal length shall be curved in a horizontal arch
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with a radius not greater than three hundred (300) feet.
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SECTION 2. URGENCY. This ordinance is an urgency measure
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adopted as an interim ordinance pursuant to Section 65858 of the
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Government Code. The stated reasons for the urgency are that
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a good proportion of the developable land in the City of San
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Juan Capistrano is situated on hillsides throughout the City;
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these hillsides are valuable assets of the community and must be
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_developed to the best interests of the entire community. There -
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fore, to preserve and protect the public. safety, health and wel-
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.fare of the citizens of San Juan Capistrano, this interim measure
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is adopted to regulate the manner in which hillsides shall be
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developed pending City Council's investigation, review and adop-
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tionofa permanent ordinance which will provide reasonable
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regulations for hillside developments.
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PASSED, APPROVEDANDADOPTED this 8th day of January, 1973,
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by the f6llowing vote, to wit:
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AYES: COUNCILMEN: BYRNES, GAMMELL, THORPE, WEATHERS
26 NOES: COUNCILMEN: CHERMAK
ABSENT: COUNCILMEN: NONE
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28 t �-
29 ames F. Thorpe, May&r of the
i_ty of San Juan Capistrano
30 ATTEST:
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City Cler