Ordinance Number 230442 ORDINANCE NO. 230
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AMENDING ORDINANCE NO.
115 BY ADDING SECTION 4.24 RELATING TO HILL-
SIDE DEVELOPMENT REGULATIONS.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. That Section 4.24 consisting of subsections 4.24.1 .
through 4.24.12 inclusive are hereby added to the provisions of Ordinance
No. 115.
4.24.1 HILLSIDE DEVELOPMENT REGULATIONS.
4.24.1 PURPOSE. The hillside development regulations shall
be and hereby are app ied 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 c ty 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 proper-
ties in the City which have a natural slope of ten percent (108) or more
on any existing or proposed parcel or portion of a parcel proposed for
development. These hillside development regulations shall be in addi-
tion to the applicable standards which are otherwise required by the
City's adopted Grading Code and Ordinance No. 115.
4.24.3 PERMIT REQUIREMENTS. Prior to the issuance of a
grading or building permit or the approval of a tentative tract map for
any parcel of land located within a hillside area, the applicant is
required to submit development plans to the Planning Commission in
accordance with the procedures as set forth in Section 4.24.5.
The Planning Commission shall have the power to authorize
or deny the issuance of any grading or building permit and approve or
deny any tentative map where development plans fail to meet the qeneral
purpose and intent of this Ordinance. The Planning Commission may auth-
orize the issuance of said permits upon such conditions, if any, as it
determines necessary and proper to assure the general purpose and intent -
of this Ordinance and may require such guarantees, if any, as it deems
necessary to assure the fulfillment of such conditions.
4.24.4 PERMITTED USES. All uses permitted in a zoned
district subject tothethe provisions of Sections 4.24.1 through 4.24.9
of this Ordinance.
4.24.5 APPLICATION PROCEDURE. Upon application for a grading
or building permit, or tentative tract map approval; the applicant shall'
submit preliminary development plans consisting of the following:
A. For all grading or building permit applications:
Proposed site plans, grading plans,'profiles
of proposed grading plans, and upon approval
of grading plans - proposed landscape and
irrigation plans.
With all tentative tract maps:
Proposed grading plans and profiles of
proposed grading plans, together with
conceptualized site plans and landscape
plans.
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All plans and profile drawings shall be prepared to scale
and submitted with five (5) copies of each to the Environmental Review
Board. The Environmental Review Board will distribute the various copies
to appropriate City and County staff members for review and comment
prior to the submission of such plans to the Planning Commission. The
Environmental Review Board shall forward all recommendations along with
any comments from City and County staffs to the Planning Commission.
The Planning Commission shall thereafter review and approve, conditionally
approve, or reject such preliminary plans.
4.24.6 ADDITIONAL DATA REQUIRED. In addition to preliminary
development plans, the applicant shall submit detailed data describing
the existing topographic, soils, geologic, seismic, and drainage condi-
tions at the proposed site. Detailed studies and analysis may be pro-
vided as part of an Environmental Impact Report prepared in accordance
-� with adopted City guidelines.
Upon determination by the Planning Commission, the applicant
may also be required to submit a scaled, profile model lepicting any or
all portions of the site proposed for development.
4.24.7 PRELIMINARY STAFF MEETINGS. Prior to the submission
of preliminary development plans, the applicant is required to meet with
City Planning and Engineering Staff members to discuss the general pur-
pose and objectives of the Ordinance and any initial development con-
cepts which have been prepared.
4.24.8 PLANNING COMMISSION REVIEW. In reviewing preliminary
development plans for hillside areas, the Planning Commission shall act
to insure attainment of the following objectives:
A. The preservation of natural topographic features
and appearances by means of land sculpturing so as to blend any manmade
or manufactured slopes into the natural topography. _
B. The preservation of natural topographic features
and appearances through discouragement of successive padding and
terracing of building sites in hillside areas.
C. The retention of major natural skyline profiles
so as to avoid abrupt changes in grade.
D. The retention of major natural topographic features
such as canyons, drainage swales, steep slopes, watershed areas, flood
plains, view corridors and scenic vistas.
E. The preservation and enhancement of prominent
landmark features such as natural rock outcroppings, prominent trees and
plant material, and other areas of special natural beauty.
F. The design and arrangement of building sites
utilizing increased lot sizes, greater setbacks and setback variations,
and reduced residential densities on steeper terrain so as to limit the
extent of grading alterations.
G. The utilization of clustered sites and buildings
and increased densities on more gently sloping terrain so as to reduce
grading alterations on steeper, more pronounced, natural terrain.
H. The utilization of verying setbacks and building
heights, innovative building techniques, and compatible building forms,
materials, and colors which serve to blend all buildings into the terrain.
I. The utilization of building designs, locations,
and arrangements which serve to avoid a continuous, hard skyline effect
and which afford view privacy and protection.
J. The preservation and introduction of plant
material so as to protect slopes from soil erosion and slippage, and
to minimize the visual effects of grading and construction on hillside
areas.
K. The introduction and utilization -of permanent,,
full -coverage irrigation systems adequate to sustain existing and developed
slope plantings and to protect aaainst potential hazards due to fire.
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L. The utilization of street designs and improvements
which serve to minimize grading alterations and harmonize with the
natural contours and character of the hillside. -
,.4.24.9 DEVELOPMENT STANDARDS. The following development
standards shall apply to all hillside developments under this Ordinance:
A. The overall shape, height, and grade of any cut or
fill slopes shall be developed in concert with the existing natural
contours and scale of .the natural terrain of a particular site.
.B. All cut and fill slopes in excess of ten (10) feet
vertical height shall be rounded with vertical curves from the crest of.
the slope and from any surface drains constructed on the face or top of
the slope.
C. Where two cut or fill slopes intersect, the ends
of each slope shall be horizontally rounded and blended with a minimum
radius of twenty-five (25) feet.
D. Where any cut or fill slopes meet the natural _
grade, the ends of each slope shall be vertically and/or horizontally
rounded and blended with the natural contours so as to present a natural
slope appearance. ,.
E. Where any cut or fill slopes exceed one hundred
(100) feet in horizontal length, the horizontal contours of the slope
shall be curved in a continuous, undulating fashion with radii no greater
than three hundred (300) feet.
F. The top and toe of each slope in excess of ten
(10) feet vertical height, excepting the toe of any slope within twenty
five (251 feet of a dwelling, shall be vertically rounded with radii no,.
less than five (5) feet and designed in proportion to the total height
of the slope.
G. In all instances of the creation of cut or fill
slopes, detailed landscape and irrigation plans shall be submitted to
the Planning Commission for review and approval prior to the issuance
of. any building or grading permit.
H. Detailed planting plans shall be included for all
cut or fill slopes in excess of five (5) feet in height.
I. Detailed irrigation plans shall be included for
all slopes in excess of ten (10) feet in height. --
J. Planting and irrigation of all slopesin excess
of fifteen (15) feet in height shall be commenced and pursued to comple-:
tion in accordance with approved plans upon the completion of grading -
operations.
R. The planting and irrigation of all slopes less
than fifteen (15) feet in height shall commence in accordance with
approved plans upon the completion of finish grading operations. -
tL. All planting and irrigation of slopes shall be _
completed and approved by the City prior,to the issuance of occupancy
permits.
M. The applicant and/or developer shall be responsible
for the maintenance and upkeep of all slope plantings and irrigation sys-
tems until such time as the individual properties and dwellings are
occupied or until a prescribed homeowners' association accepts the re-- -
sponsibility to maintain the landscaping in common areas.
4.24.10 EXCEPTIONS. The development standards and require-
ments of this Ordinance, upon determination of the Environmental Review
Board, shall not apply to those specific developmentsor applications
involving one or more of the following circumstances:
A. A single family dwelling unit and accessory
buildings on a single parcel of record as of the date of the adoption of
t fis Ordinance.
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B. Two or more residential dwelling units and
accessory buildings on a single parcel, wherein the minimum average
amount of land area per dwelling unit equals five (5) acres or more.
C. Any use, development or alteration of land,
including the above, wherein less than ten (10) percent of the surface
area of the land is to be graded or where grading operations involve
less than 5,000 cubic yards of soil.
Applications for the above exceptions shall be made to the
Environmental Review Board. The applicant shall submit a written request
and such data or plans as may be required by the Board to render a deci-
sion in compliance with this section of the Ordinance. Exceptions from
the standards or requirements of this Ordinance shall be granted only
if the Environmental Review Board finds that the applicant meets with the
above development criteria and that development of the land in question
will serve to comply with the purpose and objectives of the Ordinance. -
4.24.11 VARIANCES. When practical difficulties, unnecessary
hardships, or results inconsistent with the general intent and purpose
of this Ordinance occur by reason of the strict interpretation of any of
its provisions, any property owner or his duly authorized representative
or plaintiff in an action in eminent domain may initiate proceedings for
consideration of a Variance. The procedures and criteria for the granting
of a Variance shall be in accordance with those described in Section 6
of Ordinance No. 115.
4.24.12 APPEALS.
A. The determination of the Planning Commission shall
not become final until an appeal period of fourteen (14) calendar days
from the date of such determination has expired. If an appeal is filed
within that period, the determination of the Planning Commission shall
not become final except in accordance with the provisions of Section _
4.24.12B (5) and (6) hereinafter set forth.
B. The applicant or other interested party may appeal
the determination of the Planning Commission to the City Council. Any
member of the City Council may also order an appeal from a determination
of the Planning Commission.
1. The appeal shall be in writing and filed in
duplicate with the Planning Department, along with a fee in the sum of
$25.00. No fee shall, however, be required on an appeal ordered by a
member of the City Council.
2. The appeal shall set forth specifically wherein
thedeterminationof the Planning Commission fails to conform to the
requirements of Sections 4.24.1 through 4.24.9, or other applicable law
or ordinance, or wherein the conditions imposed are improper.
3. The Planning Department shall forward the
duplicate copy of the appealtothe City Clerk and shall report the
filing of the appeal to the Planning Commission at its next regular meeting.
The Planning Commission may make a report to the City Council, for its
consideration in determining the appeal, of any observations or facts
regarding such determination,.which would answer the statements set forth
in the appeal. The Planning Department shall transmit to the City Clerk
such reports, together with such records in the matter as are in the
possession of the Planning Commission.
4. The City Council shall consider the appeal at
a regular meeting within thirty (30) calendar days following the receipt
by the City Clerk of the duplicate copy of the appeal, or within such
time as the Council shall continue the matter.
5. The City Council, upon its consideration of
such appeal, shall affirm, reverse or modify, in whole or part, any
determination of the Planning Commission from which an appeal has been
taken. If the Council fails to consider such appeal within thirty (30)
calendar days following the receipt by the City Clerk of the duplicate
copy of the appeal, or within such time as the Council, with theconsent
of the appellant, continued the matter, such failure shall be deemed 41v -
affirmation of the determination of the Planning Commission.
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` 6 6. The determination of the Plannina Commission
as affirmed, reversed or modified, from which the appeal was taken, shall
become final upon the determination of the City Council.
SECTION 2. The City Clerk shall certify to the adoption of this
ordinance and cause the same to be published once in a newspaper of general
circulation in the City of San Juan Capistrano within fifteen days follow-
ing the passage thereof.
PASSED, APPROVED AND ADOPTED this 25th day of June, 1973, by the
following vote, to wit:
AYES: COUNCILMEN: BYRNES, CHERMAK, GAMMELL, THORPE, WEATHERS
NOES: COUNCILMEN.: NONE
ABSENT: COUNCILMEN: NONE
ATTEST:
City Clerk
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City of Sarl Juan• Capistrano