Ordinance Number 66253
ORDINANCE N0. 66
AN ORDINANCE AMENDING CITY ORDINANCE NO. 5
OF THE CITY OF SAN JUAN CAPISTRANO, CALIF-
ORNIA, BY INCORPORATING THEREIN CERTAIN
DISTRICT REGULATIONS GOVERNING P -D, PLANNED
DEVELOPMENT DISTRICTS.
The City Council of the City of San Juan Capistrano does ordain as follows:
SECTION 1. That Ordinance No. 5 of the City of San Juan Capistrano, governing
land classifications and Districts within the City of San Juan Capistrano and reg-
ulating the use of property therein, is hereby amended by establishing district
regulations and stipulating requirements for areas zoned as follows:
L. P -D "PLANNED DEVELOPMENT" DISTRICT REGULATIONS.
(1) PURPOSE.
The P -D, Planned Development District, is hereby authorized to provide for
garden apartment development, regulated so as to cover a minimum of ground area and
provide a maximum of open space. This zone will provide most of the desirable res-
idential characteristics found in single family residence areas.
(2) USES PERMITTED
(a) All uses permitted in "R" Districts but under the restrictions imposed
by this ordinance.
(b) Bungalow courts.
(c) Apartment houses.
(d) One (1) temporary, single faced, unlighted sign not exceeding one hundred
(100) square feet in area pertaining only to the sale or lease of buildings within
the development. Said sign shall be permitted to remain for a period not to exceed
one (1) year from the date of final inspection, by the City of San Juan Capistrano,
of the first dwelling unit within the development.
(6) One permanent unlighted sign not exceeding six (6) square feet in area
pertaining only to the sale or lease of the property or buildings upon which dis-
played.
(f) One permanent resident manager's office devoted solely to the rental of
the dwelling units on the same parcel, provided said office and surrounding grounds
retain a retain a residential character; that signs be limited to those permitted
in subsection (c) of this section; that no advertising devices be erected other
than those mentioned herein.
(g) Accessory buildings. The following uses, subject to the issuance of an
approved Variance Use Permit:
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1. All uses that are subject to a Variance Use Permit in the R-1 District.
2. Senior Citizen developments, rest homes and homes for the aged, provided
all provisions set forth for this District are complied with.
(3) SUBMITTAL OF PRELIMINARY DRAWINGS:
(a) All applications for a we permit in this district shall be submitted
to the Planning Commission and accompanied by complete preliminary architectural
development plans. These shall show the character, use and zone of adjoining ]and,
the design and character, landscaping, general size, location and use of all build-
ings and structures to be placed on the site, location and dimensions of street,
parking areas, open areas and other areas.
(b) Ingress and egress of fire fighting equipment, fire hydrants and.other
fire protection facilities are subject to approval of the Fire Chief. All plans
shall be approved, conditionally approved or disapproved by the Planning Commission
before referral to the City Council.
(4) SUBMITTAL OF FINAL DEVELOPMENT PIANS. DETAIL TO BE SHOWN:
(a) Every application for a building permit for the development of property
in the P -D District shall be re -submitted for approval to the Planning Commission,
and shall be accompanied by detailed architectural drawings, and plot plans, all
to a workable scale, showing the elevation and location of the proposed buildings;
proposed location and type of landscaping; use and treatment of grounds around such
buildings or structures; off-street parking; physical features such as trees, hyd_
rants, electric and telephone poles, flood lights, fences, driveways, signs, pro-
posed drainage, sewage disposal facilities and any other pertinent information
considered appropriate by the applicant or Planning Commission to.bring the devel-
opment within the purpose of this District.
(b) All plans shall show thereon hose cabinets, wet stand pipes with siamese
connections and any other facilities considered to provide adequate fire protection. _
Said location and type of such facilities shall be approved by the Fire Chief of
the City of San Juan Capistrano, prior to the approval of the Development Plans by
the Planning Commission, as set forth herein.
(c) Water drainage and run-off shall, also, be approved by the City Engineer
prior to the approval of Development plans by the Planning Commission.
(5) DEVELOPMENT STANDARDS:
(a) Any development in this District shall be surrounded by a solid redwood
or cedar fence or masonry wall or combination thereof. However, nothing herein
shall require the construction of the aforementioned fence along any property line
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abutting a street, alley, or at driveway entrances and exits.
(b) All required yards shall be landscaped and maintained in accordance with
the approved landscape plan.
(c) If any parcel zoned P -D is to be developed in accordance with the prov-
isions set forth for this District and said parcel abuts a street not improved to
City standard, the owner shall dedicate the necessary street easement to the City
and improve said street so as to be in accordance with the design standards and
specifications of the City of San Juan Capistrano prior to the issuance of a utility
by the Building Department.
(d) All trash collection and garbage collection areas shall be surrounded on
at least three sides by a five (5) foot fence or block wall, with adequate access
to and from these areas for trash and garbage collection vehicles.
(a) Due to. the complexity of Planned Development, it is illogical and imprac-
tical to define herein an exact pattern for the arrangement of group dwellings for
a parcel involving two or more main dwellings; however, it is the intent of this
District to provide a functional and non -monotonous orientation of buildings with
a maximum of open space around each main building consisting of courts, parkways,
and patio areas all oriented so as to provide separation of vehicular traffic from
play areas and recreational areas for children and adults. _
(f) All off-street parking areas not under cover shall be screened from the
view of surrounding residents or tenants of the project by a fence or shrubs and
bush whose normal growth is not less than four (4) feet in height.
(g) All points of vehicular access to and from off-street parking areas and
driveways onto public rights-of-way shall be approved by the City Engineer. When-
ever a private driveway enters onto said public right-of-way, a stop sign shall be
erected and maintained at such exit point to insure reasonable traffic safety.
(6) APPROVAL OF FINAL DEVELOPMENT PLANS BY PLANNING COMMISSION:
The Planning Commission shall disapprove, conditionally approve or approve the
aforementioned development plans, as set forth in this Section, if all provisions
for this District are complied with and the development is within the spirit and
intent of this District, as determined by the Planning Commission. All development
shall be in accordance with the approved plans prior to a utility release by the
Building Department.
(7) HEIGHT LIMIT:
(a) Two (2) story or 35 feet except as limited in sub -paragraph (b) hereof.
(b) When a lot in the P -D District abuts at any point along its property lines,
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or is directly across a street or alley from, property zoned as residential or
estate zoning, no main building shall be erected on said P_D lot to a height to
exceed one (1) story or twenty (20) feet within one hundred and fifty (150) feet
of said zoned property.
(8) SIDE YARD:
(a) When any interior side property line of a lot in the district abuts the
property in the residential or estate zoning, each dwelling shall have a required
side yard along said side property line of not less than fifteen (15) feet with
landscaping.
(b) When any interior side property line of a lot in the P -D District abuts
property in the P -D District or any other District not set forth in paragraph 8 (a)
there shall be a required side yard along that side property line of not less than
ten (10) feet regardless of the height of the dwelling on the lot.
(c) When any interior side property line of a lot in the District abuts a
lot or lots having zone classifications of residential or estate zoning and any
other District, subsection (a) of this Section shall apply in the determination of
the required side yard along that entire interior side property line.
(d) On corner lots, the side yard on the street side shall be not less than
ten (10) feet.
(9) REAR YARD:
(a) When any lot zoned P -D has a rear property line abutting property in the
residential or estate zoning, each dwelling shall have a required rear yard of not
less than fifteen (15) feet with landscaping.
(h) When any lot zoned P -D has a rear property line abutting a lot in any
other District not set forth in subsection (a) of this Section, there shall be a
required rear yard of not less than ten (10) feet.
(c) When any lot in the P -D District has a rear property line common to a
property line of atlot or lots having zone classifications of residential or -estate
zoning and any other District, subsection (a) of this Section shall apply in the
determination of the required rear yard along that entire rear property line.
(10) MINIMUM GROSS FLOOR AREA:
(a) The following uses shall be subject to the following minimum square feet
of gross floor area per unit exclusive of garages, car -ports and unenclosed parches
and patios.
Bachelor apartment: 450 square feet
One bedroom apartment: 650 square feet
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(b) Further, for each additional bedroom in excess of two bedrooms in an
apartment unit, there shall be an additional 100 square feet of net floor area.
(11) MINIMUM IAT AREA PER DWELLING UNIT:
(a) For any one (1) story or two (2) story, single-family dwellings; two
family dwelling or multiple -family dwelling; not less than one thousand and five
hundred (1,500) square feet of lot area per family unit constructed therein.
(b) Where an apartment development consists of more than one main building
and said buildings vary in height, then paragraph (a) above, shall be applied
respectively for main building, depending on the height of eacl main building.
(c) For the purpose of this section only, if the top -most story of any
dwelling unit proposed to be constructed in the P -D District is used for the
housing of any mechanical equipment, such as air-conditioning facilities and
elevator mechanisms, but is void of any dwelling unit, then said top -most story
shall not be declared a story.
(12) MAXIMUM L0T COVERAGE:
Not more than forty (40) percent of the total area shall be devoted to rain
building and accessory building area, driveways, open or enclosed parking areas
and covered patios. The remaining sixty (60) percent of the total lot area shall
be devoted to landscaping; lawn area; non-commercial outdoor recreational facilities
incidental to the residential development, such as private swimming pools, putting
greens and tennis courts; walkways; uncovered patio areas; fences and necessary
fire -fighting equipment and installations as required in this Section (4) (b)
further, the open space required by this section shall be arranged and provided
in such a manner that it is accessible and usable for the purpose intended herein.
Said open space shall not be devoted to commercial agricultural pursuits or any
other activity in conflict with the stated purpose of this section and District.
(13) OFF-STREET PARKING:
Required parking shall be two (2) car garage spaces per unit plus one (1)
visitor parking space for every two units. Visitor. Parking area need not be covered.
(14) SUBDIVISION OF PROPERTY DEVELOPED UNDER THE DISTRICT:
Upon completion of a development of property in the P -D District, no portion
of the property involved in said development shall be severed or sold, unless said
severed parcel and the development thereon comply with all provisions set forth for
the P -D District. Further, the remaining parcel and development thereon shall also
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comply with said P -D District.provisions. Nothing herein shall prohibit the sale
of any one -family dwelling, two-family dwelling, multiple family dwelling, or any
dwelling unit within a two-family or multiple family dwelling, provided all common
open areas, required yard areas, recreational areas and similar areas constituting
the required sixty (60) percent open areas, as set forth in Article (12), are re-
tained in trust or otherwise for the benefit of all tenants and owners of any
interest of any of the structures on the original area developed as a unit. Further,
prior to issuance of building permit or approval of the plans as set forth in Art- -_
icle (4), deed restrictions prohibiting the alienation of all land areas not de-
voted to buildings shall be recorded in the office of the County Recorder of the
County of Orange, California. Said restrictions shall include a statement that
said deed restrictions shall be irrevocable for a period of not less than thirty
(30) years. A copy of said deed restrictions shall be filed with the Planning
Department prior to the issuance of a building permit to the owner of the original
project.
This Ordinance shall take effect and be in force thirty 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 news-
paper printed in San Juan Capistrano, County of Orange, State of California,
together with the names of the members of the City Council.
PASSED, APPROVED, AND ADOPTED this 13th day of May, 1963.
Mayor of the City ofd
San Juan Capistrano
ATTEST:
City Clerk of the City
of San Juan Capistrano
State of CaliforniA )
County of Orange ) ss.
City of San Juan Capistrano)
I, ERNEST A. THOMPSON, City Clerk -Administrator of the City of San Juan Capis-
trano,. Gali£ornia, do hereby certify that the attached and foregoing Ordinance was
duly and regularly adopted by the said City Council at a regular meeting thereof
held on the 13th day of May, 1963, and passed by a majority vote of said Council.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 13th day of
May, 1963.
(SEAL)
AYES: Councilmen: Buchheim, Cliff, Durnford, Olivares, and Bathgate.
NOES: Cbitudilmen: None
ABSENT: Councilmen: None
City Clerk of the City
of San Juan Capistrano
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