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Ordinance Number 51274 ORDINANCE NO 51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ESTABLISHING DISTRICT COVERING E_1 "LARGE ESTATES". E-2 "MEDIUM ES- TATES' AND E_3 "SMALL ESTATES" WITHIN THE CITY OF SAN JUAN CAPISTRANO, BY AMENDING CITY ORD- INANCE NO 5 BY ADDING THERETO SECTION G, H, AND I TO SECTION 3 THEREOF. The City Council of the City of San Juan Capistrano does.ordain as follows: SECTION 1. That to promote the general welfare and classify, reg- ulate, restrict, and separate the use of land, buildings and structures in providing for the orderly growth of the City of San Juan Capistrano There is hereby established the following land use district within the City- of San Juan Capistrano: E-1 LARGE ESTATES DISTRICT, E_2,MEDIUM ESTATES DISTRICT, _ E_3, SMALL ESTATES DISTRICT. SECTION 2. To provide for District Regulations covering the dist- ricts set forth in Section 1 of this Ordinance, Section 3, of Ordinance No 5 is hereby amended by adding Sections G, H and I thereto as follows: SECTION G. E_1 LARGE ESTATES District Regulations. . A. USES PERMITTED. 1. Farming, including all types of agriculture and horticulture EXCEPT: a. Commercial dairies, kennels, rabbits, fox and other animal raising farms. b. Egg producing ranches and farms primarily devoted to the hatch- ing, raising, fattening and/or butchering of chickens, pigeons, turkeys, and other poultry on a commercial scale. c. Hpg and other livestock feeding ranches. d. Ranches operated publicly or privately for the disposal of ga- rbagg,: sewage, rubbish or offal. 2. Flower and vegetable gardening. 3. Nurseries and greenhouses used only for the purpose of propo- gating, and culture and not for retail sales. 4. Public parka. 5. One family dwelling of a permanent character placed in perma. 17:j nent guest gottage and employees quarters as specified under conditions hereinafter prescribed. 6. Home occupations, such as offices and studios provided no ad- vertising sign, merchandise, products or other mat -tial or equipmedt is displayed for advertising purposes. 7. Accessory buildings and structures commonly required for the operation of an ordinary farm or ranch, provided each such building or structure is built in compliance with the site requirements -of the E-1 LARGE ESTATE District. 8. One (1) unlighted sign not to exceed six (6) iquare feet in area pertaining only to the sale, lease or hire of only the particular building, property or nremises upon which displayed and/or only the sale of agricultural or farming products grown or produced on the prem- ises. No other advertising sign, structure or device shall be permitt- ed in the E-1 Estate District. 9. Horses, limited to two (2) per acre. 10. The following additional uses may be permitted subject to issue of approved Land Use Variance. a. Public Utility buildings and structures. b. Schools, colleges, public playgrounds and athletic fields. c. Golf courses. d. Airplane landing fields for private use. e. Residential Hotels. -f. Riding stables and bridal paths. g. Churches, museums and libraries. 11. SITE REQUIREMENTS: a. The minimum building site for each one family residence shall be one (1) acre. b. The minimum street frontage shall be one hundred and fifty (150) feet. c. The building height limit shall be two (2) stories and not to exceed 35 feet, where the average slow of a lot on the downhill side of a street is greater than one (1) foot fall in four (4) feet horizon- tal distance from the established street elevation at the front property line, an additional story will be permitted on the downhill side of any 1"70 permitted.main building which is on the downhill side of the street unon which the building site fronts. d. Off street parking, consisting of one covered, paved usable two -car storage area, not less than 18 x 20 feet, shall be provided for each dwelling. line. ment: e. Concrete curbs and gutters will be reeuired along the street f. The following SET BACKS shall be considered a minimum require- _. 1. Front yards — 60 feet from front street line. 2. Side yards — 20 feet from property or street lines. 3. Rear yards — 40 feet from property lines. 4. In the event the property lines extend into the street area, reference must le made to the requirements of the City Master Street Plan as it refers to FTcnt and Side Yard set backs. g. GUEST COTTAGE is defined as a building which occupies not more than 120th of the area of the lot upon which it is situated and which is used EXCLUSIVELY for housing members of the family occupying the main building and their NON PAYING GUESTS. The maximum area of.this cottage shall not exceed 1,000 square feet. Not more than one (1) guest cottage shall be built on each acre of land comprising the building site and said guest cottage shall conform to site regulations. h. Accessory buildings shall be construed to consist of building and structures commonly required for the operation of a rangh. i. No detabhed accessory building shall be erected, altered or moved so as to encroach upon the FRONT HALF of the lot: Such limitati- ons shall not apply to garages. j. Akdetaehed accessory building, guest cottage, etc., may not occupy more than 50% of the area of a rear yard. k. Detached garages shall not be permittedcleser.than six (6) feet from any main building on the same lot or an adjacent lot. 1. where the average slope of the front half of the lot is great- er than one (1) foot rise or fall in four (4) feet of horizontal dista- nce from the establidhed street elevation of the property line, or where the average elevation of the front half of the lot is more than six (6) 177 feet above or below the established street elevation at the front prop- erty line, ATTACHED private garages may:.be built to within five (5) feet of the street line and to the side line of the lot, provided however that when the entrance and exit to such garage are not from the street, it may be built to the street line. Where property adjoins a Major Primary or Secondary Highway, the City Master Street and Highway Plan must be con- sulted for required set hack. - m. GRADING & FILLING Where building site is located in or on a hillside area where grading or filling is required .for site preparation, such grading and filling shall conform to City Ordinance specifying the requirements for such site preparation. SECTION H. E_2 MEDIUM ESTATES DISTRICT REGULATIONS. USES PERMITTED. 1. Farming, including all types of agriculture and horticulture EXCEPT: a. Commercial dairies. b. Commercial kennels, rabbit, fox, goat and other animal raising farms. c. Egg producing ranches and farms devoted to butchering of chic - ?ens, pigeons, turkeys and other poultry as commercial scale. d. Hog and other libestock feeding ranches. e. Ranches operated publicly or privately for the disposal of garabage, sewage, rubbish or offal. 2. Public parks, playgrounds and athletic fields. 3. One family -.dwelling, of a permanent.character placed on a permanent location including one permanent guest cottage for each build- ing site. 4. Home occupations, such as offices and studios when conducted within the building by the occupant there6f. provided not advertising signs merchandise, products or other material is displayed for adverti- sing purposes. 5. Accessory buildings and structures commonly required for the operation of an ordinary farm or ranch. 6. One (1) unlighted sign not exceeding six (6) square feet in area pertaining only to the sale, lease or hire of only the particular 176 building, property or premia: upon which displayed, and or advertising only the sale of agriculture or farming products grown or produced on the premises. No other advertising sign or structure shall be perm- itted in any E-2 District. 7. Nurseries or greehhouses operated only for the propogation and culture of plans and flowers and not for retail sales. g. Golf, polo and country clubs, but not including any sports, recreation or amusement enterprises operated as a business or for comm- ercial purposes. q. The following additional uses may he permitted subject to issue of an approved Land Use Variance. a. Residential hotels. b. Public utility buildings and structures. c. Airplane landing and bridal paths. d. Personally owned horses at the ratio of two horses per acre. 10. SITE REQUIREMENTS. a. The minimum building site area for .each residence,shall beta minimum of .twenty thbusandsp(20,000) square feet. , b. The building height limit shall be two (2x1) stories,and not to exceed 35 feet. Where the average slope of a lot on, the downhill side of a street is greater than 1 foot fall in 4 feet of horizoptal distance from the established street elevation at the front property.line, an additional story will be permitted on the dowhhill side of any permitted main building which is on the downhill side,of the street upon which the building site fronts. d. Off street parking, consisting of one covered, paved usable two - car storage, not less than 19 x 20 feet, shall be provided for each dwel- ling unit do the site. e. Detached garages shall not be permitted closer than six (6) feet from any main building on the same lot or on an adjacent lot. f. Where the average slope of the front half of the lot is greater than one (1) foot rise or fall in four (4) feet of horizontal distance from the established street,elevation of the front,ifilf of the lot is more than six (6) feet above or below the established street elevation 1'7:-) at the front property line, ATTACHED private garages may be built to within five (5) feet of the street line and to the side line of the lot, provided however, that when the entrance and exit to such garage are not from the street, it may be built to such street line. Where prope- rty adjoins a Major Primary or Secondary Highway, the City Master Plan of Streets and Highways must be consulted for required set backs. g. Concrete curbs and gutters will be required along the property line facing the street. Sidewalks may be required along -the street line at the discretion of the Director of Public Works. - h. The following set backs shall be considered a minimum require- ments: 1. Front yard — 50 feet from front street line, 2. Side yard — 10 feet from property or street line,. 3. Rear yard — 40 feet from property line. 4. In the event property line extends into the street -area refer- ence must be made to the requirements of the City Master Plan of Streets and Highways as it refers to Front and Side set backs. i. GUEST COTTAGE are defined as buildings which occupy not more than 120th of the area of the lot upon which is used EXCLUSIVELY for housing members of the family occupying the main building and their NON PAYING guests. The maximum area of this cottage shall not exceed 1,000 sgaare feet6 Not more than one (1) -guest cottare shall be built on each acre of land oomprising the building site and said guest cottage shall conform to site regulations. J. ACCESSORY BUILDINGS shall be considered to consist -of buildings and structures commonly required for the operation of a farm or ranch Such shall not be located within twenty (20) feet of the side property line. k. Detached accessory buildings may not occupy more than 50% of the area of a rear yard:- No detached accessory buildings, or guest co- ttage shall be erected, altered or moved so as to encroach upon the front half of the lot. Such limitation shall not apply to garages. 1. GRADING & FILLING Where building site is located in or on a hillside area, where grading or filling is required for building site preparation, such grading or filling shall confrom to City Ordinance 160 specifying the requirements for such site preparation. SECTION 1. E_3 SMALL &STATE DISTRICT REGULATIONS. USES PERMITTED 1. .Farming including all types of agriculture and horticulture EXCEPT: a. Commercial dairies. b. Commercial kennels, rabbits, fox, goat, and other animal rais- ing farms. c. Egg producing ranches and farms devoted to the hatching, rais- ing, fattening and or butphering of chickens, pigeons, turkeys and other poultry on a commercial scale. d. Hog and other livestock feeding ranches. e.. Ranches operated publicly or privately for the disposal of ga- rabage, swage, rubbish or offal. 2, Public Parks. . 3. One family dwellings of a permanent character placed on a permanent location, including one permanent guest cottage for each - bu- ilding site. 4. Home occupations, such as offices and studims, when conducted within the building by the occupants thereof, provided no.advertising sign, merchandise, products or other material or equipemsnt is displayed for advertising purposes. 5. Accessory buildings and structures commonly required for the operation of a farm or ranch. 6. One (1) unlighted sign not exceeding six (6) square feet in area, pertaining only to the sale, lease or hire of mly the particular building, property or premises upon which displayed and or advertising only the sgle of agricultural or farming products grown or produced on the premises. No other advertising sign or device of any character shall be permitted in any E_3 Small Estate District. 7, The following additional uses may be permitted subject to issue of approved Land Use Variance a. Electric distributing substations, gas metering and regulating stations and similar public utility structure rendering direct service to the Dublic in said local areas. 181 b. Golf courses. c. School and colleges, 8. SITE REQUIREMENTS: a. The minimum site for each one family dwelling shall be fifteen thousand (15,000) square feet. b. The minimum street frontage width shall be one hundred (100) feet. c. The building height limit shall be two (2) stories and not to exceed 35 feet. d. Off street parking, consisting of one covered,4paved, usable two -car storaee area, not less than 18 x 20 feet shall be provided for each dwelling site located on the property. e. Concrete curbs and gutters are reouired along the property line facing the street. Sidewalks may or may not be required at the di- scretion of Public Works. f. The following set backs shall be considered a minimum require- ment: 1. Front yards — 35 feet from street line, 2. Side yards 10 feet from property of street line. 3. Rear yards — 25 feet from property line. 4. In the event that property line extends into the street area reference must be made to the requirements of the City Master Plan as it refers to Front and Side Yard set backs. g. GUEST COTTAGE is defined as a building which occupies not more than 1/20th of the area of the lot upon which it is situated and which is used EXCLUSIVELY for housing members of the family occupying the main dwelling and their NON PAYING guests. The maximum area of this cottage shall not exceed 1,000 square feet. Not more than one such guest cottage shall be built on the site and such cottage shall conform to site regulat- ions. h. Accessory buildings shall be construed to consist of building or structures commonly required for the operation of a farm or ranch. i. Detached accessory buildings may not occupy more than 5A of the area of a rear yard. j. No detached accessory building or guest cottage shall be erected 182 altered or moved so as to encroach upon the FRONT HALF of the lot. Such limitation shall not apply to garages, k. Detacled garages shall not be permitted closer than six (6) feet from any main building on the same lot or on an adjacent lot. 1. GRADING & F.ILLING. Where building site is located in or on a hillside area where grading or filling is required for site preparation, such grading or filling shall conform to City Ordinance specifying the requirements for such site preparation. SECTION 3. This Ordinance shall take effect and be in force thirty (30) days from,,and after its passage, and prior to the expiration of fifteen (15) days after the passage thereof, this ordinance shall be published once in the Coastline Dispatch, a newspaper printed in San Juan Capistrano, County of Orange, State of California, together with the names of the members of the city councill voting thereon. Passed, approved and adopted this 25th day of June, 1962. Don Durnford, Mayor Pro Tem Attest: Ernest. A.. Thompson - City Clerk State of California ) County of Orange )ss. 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 25thc: of June, 1962. AYES:' COUNCILMEN: Bathgate, Cliff, Durnford, Olivaies NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Buchbeim (SEAL) Ernest A. Thompson City Clerk -Administrator