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Ordinance Number 3195 The City Council hereby declares that should any section, sentence or word of this ordinance or of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the eliminations herefrom of any such portion as may be declared invalid. SECTION 9. DATE OF EFFECT. This ordinance shall take effect and be in force at the expiration of thirty days from and after its passage, and before the expiration of fifteen days after its passage it shall be published once with the names of the members voting for and against the same in the Coastline Dispatc4 a newspaper of general circulation published in the City of San Juan Capistrano. First read at a regular meeting of the City Council of said City held on the 10th day of July, 1961, and finally adopted and ordered published at a regular meeting of said Councilheld on the 24th day of July, 1961, by the following vote: AYESt Councilmen: Bathgate, Chermak, Durnford, Olivares and Buchheim NOES: Councilmen: None ABSENT: Councilmen. None Mayor of San Juan Capistrano ATTEST: City Glerk of San Juan Capistrano ORDINANCE NO. 31 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, AMENDING ORDINANCE NO. 5, BY ADDING THERETO NEW SECTIONS NUMBERED 8 THROUGH 17, BOTH INCLUSIVE, RELATING TO THE CREATION OF ARCHITECTURAL RESTRICTED AREA AND THE CREATION OF AN ARCHI- TECTURAL BOARD OF REVIEW. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5 of the City of San Juan Capistrano is hereby amended by adding thereto sections 8 through 17 inclusive to read as follows: "Section 8. The City Council hereby finds that the general welfare and prosperity of the City is in large part due to the National 96 Renown, traditional and visitor interest in the old historical Mission of San Juan Capistrano and to the early California style of the build- ings and architecture existing in this City; that such distinctive types of architecture within the old Mission Area are a valuable resource which has contributed to the growth and economic welfare of the City; that to retain these valuable resources and assets it is the intention of the City Council to perpetuate the setting of its old Mission and the early examples of California architecture surrounding it by requiring general architectural conformity in all new construction and remodeling within a certain area of the City that surrounds the Mission de San Juan Capistrano. "Section 9. An area designated as the Mission Area is hereby created within this City, land usage zoning within this area will be indicated by the suffix designation "B" following the zoning prefix within said Mission Area are hereby declared to be as follows: Northern Boundary: Ia Zanya Street projected easterly to the San Diego Freeway from E1 Camino Real and projected westerly from E1 Camino Real to the Santa Fe Railroad tracks. Westerly Boundary: The Santa Fe Railroad tracks from projection of la Zanya Street, southerly to the intersection of Del Obispo. Easterly Boundary: The San Diego Freeway. Southerly Boundary: Beginning at the intersection of the Santa Fe Railroad tracks and Del Obispo, thence Easterly to Camino Capistrano, thence further Easterly along the Southern line of the existing Savage property to a point bearing North Easterly, thence North Easterly along the South Eastern property line of the Savage and Stroschein properties, being a direct line North Easterly to the San Diego Freeway. No permit - for the rcreation of a building or structure or for the alteration to the exterior of an existing building located within the Mission Area herein- before established shall be granted without application submitted to the Planning Commission and the Architectural Board of Review and approval thereof; or upon approval on appeal to the City Council. "Section 10. Within the above designated Mission Area, it is the intent of the City Council that particular attention shall be given to the design of new buildings and alterations to old structures in order 9'7 to be certain that the structures by their scale, size, height and arc- hitecture will be compatable with andwill not overpower the existing old historical buildings. Buildings materials employed shall be of a character deemed generally compatable with the adobe, wood, brick and similar materials used in early California design buildings, with roofs, where exposed, of tile or of wooden shakes, The landscaping of new si- tes shall employ indigenous materials where possible and shall avoid in- compatable, materials. Section 11. (a) Early California Architecture acceptable for residential Con- struction. The dominant characteri.sties for the architecture of the Early California type structures are: good proportion, dignity, simplicity of both mass and detail, a rather fine domestic scale and an absence of carved ornaments. striving for picturescue effect. WALLS are of thick adobe or give the appearance of thick adobe, usually Plastered or finished with a smooth surface. They never have artificially textured surfaces and are without carvings or ornaments. Substitution of stucco, weeping joint cement blocks or used brick are considered compatable. PORCHES. Permissible types of porch -s are of the following general types: (a) Posts from ground to roof on both first and second stories. the porch is wide. (b) Second -floor joints are cantilevered, supporting the balcony and with posts from balcony supporting the porch roof. The balcony is covered. (c) Second floor balcony may be constructed with or without roofs Railings of wood or iron may be used. (d) Both second floor balcony and roof are cantilevered. Balcony and roof overhangare very narrow. Walls may or may not close the ends of porches of this type. (e) Porches on the street side of one story houses may be constr- ucted with or without posts, provided the structure is properly engine- ered to support the required overhang. WINDOWS. Clay be constructed of practical materials and normal design, provided they are harmoneous with the basic structure. They may or may 98 not be protected with vertical bars of wood or iron, but never with or- namental wrought iron grills. Where shutters are used they are usually of two panels of movable louvres. Solid panels and solid planks and p- atterns may also be used. DOORS Will be harmoneous with the architectural design of the building. WOODWORK. Where moldings are used, they will be small in scale, well proportioned and New England rather than Spanish in character. ROOFS having a low pitch of not more than 300 and will be of wooden sh- akes or of tile, with wide overhanging eaves and gables with exposed rafters. The roof surfaces are unbroken by dormers or pediments. Both hip and gable roofs may be used. COLORS. Walls eaves and rough woodwork are usually whitewashed, but s- ometimes painted in California pastel shades. Finished wood is always painted either white, warm grey, green, brown or in pastel shades. Col- ors wherever used are never harsh or inharmoneous. (b) Early California Architecture Acceptable for Commercial Buil- ding Construction architectural specifically set forth in subsection (a) of this Section 11, heretofore prescribed for residential construction. In the interest of modern and practical usage, certain exeeptions will be permitted upon request ROOFS: Need not conform in their entirety with specifications as set forth in subsection (a) above. Roofs will, however, be compatable with the general design of the structure side of the building, a nonconform- ing roof will have an amsimulated or hip type overhang of tile or shake, the design thereof to be approved by the Architectural Board of Review and the City planning Commission. "SECTION 12. NON -CONFORMING BUILDINGS AND USES. _ .The f811owing regulations shall apply to all non -conforming build- ings ans structures or parts thereof and uses legally existing at the effective date of this ordinance 1. A building or structure or portion thereof lawfully existing at the time this ordinance becomes effective and which does not comply with the requirements of this ordinance is hereby classified as a non-confom- ing building, t 2. A use lawfully existing at the time this ordinance becomes effective, 99 which does not comply with the requirements of this ordinance is, hereby classified as a non -conforming use 9, Any non -conforming building or structure may he continued and maintained, provided there is no physical change other than necessary maintenance and repair to such buildings or structures except as permi- tted in other sections of this ordinance. 4. Any non -conforming use of a conforming building may be mainta- ined and continued; provided that there is no increase or enlargement of the area space or volume oc:upied or devoted to such non -conforming, use, except as otherwise provided in this ordinance. �. Any part of a building, structure or land occupied by such a non -conforming use which is changed to or replaced by a use conforming to the provisions of this ordinance shall not thereafter be ,used for or occupied by a non -conforming use. 6. Every non -conforming use of land, except for argiculture or horticulture where no main building is involved existing at. the time this ordinance be comes effective, shall be discontinued within one year from the effective, date of this ordinance. 7. Any non -conforming sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained at the time this ordinance becomes effective shall be discontinued within one year from such effective date. 8. The foregoing provisions of this section shall also apply to buildings, structures, land or uses which hereafter become non -conforming due to any reclassification of zones or any subsequent change in the re- gulations of this ordinance: provided, however, that when a time period is specified in this section for the removal of a non-epnforming use, said time period shall be conputed from the date of such reclassification or change. 9. Nothing in the above provisions shall be construed to Prohibit any alterations or additions to a non -conforming structure as may be re- asonably necessary to comply with any lawful order of any public author- ity made in the interest of public health, welfare safety or morals, ex- cept that whenever any non -conforming structure is destroyed or damaged by fire to the extent of 1.0',� or :pore thereof, the right to continue such 100 non -conforming use or maintain or repair such structure shall cease. SECTION 13. ARCHITECT dRAL BOARD OF REJIE'W. An Architectural Board of Review is hereby created. The Architec- tural Board of Review shall consist of five (5) members, at least one (1) of which but not more than two (2) of which shall be members of the City Planning Commission and at least two of which shall be Architects or building designers or building draftsmen experienced in early Calif- ornia style building architecture. Said members shall be appointed by the City Council and shall serve without compensation and shall hold office at the pleasure of the appointing power. The memher or senior member of the Planning Commission shall act as chirman. The Architectural Board of Review shall adopt its own rules of pro- cedure. . Three (3) members shall constitute a quorum. SECTION 14. REVIEW OF PLFNS. Applicants for a permit to alter or erect a building or structure within the "Mission Area", shall submit, in triplicate, compltete des- criptive matorial, including site plans, architectural sketches, elev- ations and information as to the exterior construction, including the exterior materials and colors contemplated for use. The Planning Comm- ission shall refer such requests to the Architectural Board of Review for consideration at its first scheduled meeting after the date the ap- plication is filed. The Architectural Board of Review shall determine the appropriateness of the desired structure and shall render a written �•eport of their recommendations to the City Planning Commission within fifteen (15) days from the date of filing. The Planning Commission will approve, conditionally approve or deny the request; A copy of said action to be delivered to the applicant and to the City Council. SECTION 15• APPEAIS Should the applicant for a permit disagree with the decision of the Planning Commission or Ar:hitectural Board of Review, the applicant may file a written appeal within seven (7) days from the date of report for a hearing before the City Council. Such hearing shall be scheduled at the next regular meeting of the City Council. The decision of the City Council shall be final. and no building permit shall be issued without the approval of the Planning Commission, or, on the approval of any appeal, 101 by the decision of the City Council. SECTION 16. PENALTIES. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imnrisonment in the County jail for a period not to exceed six months, or by both such fine and imprisonment. SECTION 17. This ordinance shall take effect and be in force thirty (30) days from and after its passage, and prior to fifteen (15) days after the passage thereof, this ordinance shall be published once -in the Coast- line Dispatch, together with the names of the City Coungilmen voting for and against the same. Passed, approved and adopted this 28th day of August, 1961. Mayor of San Juan Capistrano ATTEST: City Clerk of San Juan Capistrano State of -California ) County of Orange ) as. City of San Juan Capistrano ) ,I, Ernest A. Thompson, City Clerk of the City of San Juan Capistr- ano, do hereby certify that the foregoing and attached Ordinance was finally passed, approved and adopted by the City.Council of the City of San Juan Capistrano at a regular meeting thereof held -on the 28th day of August, 1961. (SEAL) AYES Councilmen: Bathgate, Chermak, Durnford. ABSTAINING: Councilmen:: Olivares, Buchheim ABSENT: Councilmen: None ty ORDINANCE NO. 32 AN ORDINANCE of the City of San Juan Capistrano regulating the pa- rking of motor vehicles within the city limits of the city of San Juan Capistrano; providing penalties for the violation thereof.