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
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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)
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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
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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.
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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
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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