Ordinance Number 938ORDINANCE NO. 938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING CODE AMENDMENT (CA) 07-
02 (TITLE 9 — LAND USES) RELATING TO ZONING PROCEDURES,
ADMINISTRATION, SUBDIVISIONS AND DEFINITIONS SET FORTH IN
SECTION 9-1, 9-2, 9-3, 9-4 AND APPENDIX
Whereas, the San Juan Capistrano City Council has authorized staff pursuant to
Resolution No. 06-05-16-1 that the City's Title 9 (Zoning) regulations be reviewed to
initiate a clean-up code amendment and initiate Land Use Code revisions for definitions,
application review processes, conformance with State law and current procedures in
order to clarify and correct existing wording and provide greater conformity with the
General Plan; and
Whereas, staff has prepared a draft amendment to Title regulations for Section
9-1.101 through 9-2.401 (General Procedures — Administration), Section 9-3.525
(Kennels), 9-4.101 through 9-4.405 (Subdivisions) and Appendix (Definitions) of the
Municipal Code; and
Whereas, the project was reviewed in compliance with the California
Environmental Quality Act (CEQA) Guidelines, an Initial Study was performed and no
potentially significant impacts were identified. A Negative Declaration was prepared;
and
Whereas, the Planning Commission conducted five (5) duly noticed public
workshops on June 12, June 26, July 16, August 13, and August 28, 2007 and
conducted two duly noticed public hearings on October 9, and October 23, 2007
pursuant to Section 9-2.335 of the Municipal Code, City Council Policy 5, and Planning
Department Policy 510 to consider public testimony on the proposed amendment and
considered all relevant public comments; and
Whereas, the City Council conducted duly noticed public hearings on December
4, 2007, January 15, 2008, February 5, 2008, April 1, 2008, May 6, 2008, and May 20,
2008 and considered all public testimony; and
Whereas, a Title 9 Subcommittee viewed and fine tuned the ordinance on
February 14, 2008, March 14, 2008 and March 19, 2008.
Whereas, the Title 9 Subcommittee Chair reviewed all proposed amendments
with staff and has added and/or edited sections to ensure all recommendations of the
Title 9 Subcommittee have been implemented; and
Page t of 2 06-03-2008
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Negative Declaration / Initial Study is hereby certified.
Section 2. San Juan Capistrano Municipal Code Sections 9-1.101 through 9-
2.401 (General Provisions — Administration), Sections 9-4.101 through 9-4.405
(Subdivisions) and Appendix (Definitions) are amended pursuant to provisions set forth
in Exhibit A, Exhibit B, and Exhibit C, incorporated herein by reference.
Section 3. Effective Date. This Ordinance shall take effect and be in force
thirty (30) days after its passage.
Section 4. City Clerk's Certification. The City Clerk shall certify to the
adoption of this Ordinance and cause the same to be posted at the duly designated
posting places within the City and published once with fifteen (15) days after passage
and adoption as required by law; or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance
shall be posted in the Office of the City Clerk five (5) prior to the date of adoption of this
Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this
Ordinance, together with the vote for and against the same, in the Office of the City
Clerk.
ATTEST:
PASSED, APPROVED AND
MONAHAN, CITY CLERK
this 3`d day of June 2008.
UM
Page 2 of 2 06-03-2008
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 938 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 21? day of May 2008 and that thereafter, said Ordinance was duly adopted and passed
at the Regular Meeting of the City Council on the 3d day of June 2008 by the following vote, to
wit:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Uso, Nielsen, and Mayor Soto
NOES COUNCIL MEMBERS: None
ABSENT: CO UN IL EMBERS: None
Q
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, declares as follows: I am the duly appointed and qualified City
Clerk of the City of San Juan Capistrano; and in compliance with State laws, Government Code
section 36933(1) of the State of California, on the 21" day of May, 2008, at least 5 days prior to
June 3, 2008, the date of adoption of the ordinance, I caused to be posted, in the Office of the
City Clerk, a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
CAPISTRANO, CALIFORNIA, ADOPTIGN CODE
(TITLE 9 — LAND USES) RELATING TO
ADMINISTRATION, SUGDIV.ISIONS AND DEFT
SECTION 9-1, 9-2, 9-3, 9-4 AND APRWIX
THE CITY OF SAN JUAN
AMENDMENT (CA) 07-02
ZONING PROCEDURES,
41TIONS SET FORTH IN
�-( 0'/�
tGARET R. MONAHAN, CITY CLERK
Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, declare as follows: I am the duly appointed and qualified City
Clerk of the City of San Juan Capistrano; and in compliance with State laws, Government Code
section 36933(1) of the State of California. On the 4'h day of June 2008 1 caused to be posted,
in the Office of the City Clerk, a certified copy of Ordinance No. 938, adopted by the City
Council on June 3, 2008 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTIGN CODE AMENDMENT (CA) 07-02
(TITLE 9 — LAND USES) RELATING TO ZONING PROCEDURES,
ADMINISTRATION, SUGDIVISIONS AND DEFINITIONS SET FORTH IN
SECTION 9-1,9-2,9-3,9-4 AND APPENDIX
J
�Q � - 0 C'
ET R. MONAHAN, CITY CLERK
Capistrano, California
EXHIBIT A
CHAPTER 1 GENERAL PROVISIONS
Article 1. Purpose, Title, Authority, Effective Date, Effect, and Definitions
Sec. 9-1.101. Purpose, title, authority, effective date, effect, and definitions.
(a) Purpose. Chapters 1 through 5 of this title have been adopted in accordance with Section
65800, et seq. of the Government Code of the State of California and are established to serve the
public health, safety, and general welfare, to implement the General Plan, and to provide the
economic and social advantages resulting from an orderly planned use of land resources.
(b) Title. Chapters 1 through 5 of this title shall be known as the "Land Use Code of the City of
San Juan Capistrano."
(c) Authority. Chapters 1 through 5 of this title are enacted pursuant to the Government Code of
the State and other State and Federal Statutes.
(d) Effective date. Chapters 1 through 5 of this title shall take effect and be in force on and after
November 15, 2002.
(e) Effect of provisions on existing laws. Except as otherwise specifically provided, the provisions
of Chapters 1 through 5 of this title shall not be interpreted to repeal, abrogate, annul, or in any way
affect any existing provision of any statute, permit, deed restriction, or covenant adopted or issued
relating to the use of land or buildings or the erection, construction, moving, alteration, or
enlargement of any structure or improvement.
(f) Effect of provisions on developed land. The provisions of Chapters 1 through 5 of this title will
apply to new development, as well as the modification and redevelopment of previously developed
land, unless otherwise limited by Section 9-3.533 Nonconforming Uses, Lots, and Structures of this
title.
(g) Interpretation of provisions as minimum requirements. The provisions of Chapters 1 through 5
of this title shall be held to be the minimum requirements for the promotion of the public health,
safety, comfort, convenience, and general welfare. Wherever the requirements of Chapters 1
through 5 of this title are at variance with the requirements of any other lawfully adopted rule,
regulation, or statute, the most restrictive requirements orthose imposing the higher standards shall
govern.
(h) Definitions. For the purposes of Chapters 1 through 5 of this title, certain terms are defined in
Appendix A Definitions to this title. Such definitions are hereby incorporated in this section and
made a part of Chapters 1 through 5 of this title as if fully set forth in this section. No amendment,
addition, or deletion to the definitions set forth in Appendix A Definitions shall be made except by
ordinance.
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Ordinance 938
Sec. 9-1.103. Building Official authority.
The City's designated Building Official shall have the following duties, responsibilities, and
authority for Chapters 1 through 5 of this title, as well as other duties, responsibilities, and authority
prescribed for the Building Official under other laws and ordinances, City regulations, and
administrative provisions:
(a) Shall provide the engineering and technical review of all plans, specifications, and methods of
construction for conformance with the latest adopted California Building Code and good engineering
practices.
(b) Shall provide the engineering and technical review of plans and field inspections of drainage,
soil, and geological conditions relating to building and earthwork construction as set forth in
Chapters 1 through 5 of this title.
(c) Shall be responsible for the following inspection and plan checking duties:
(1) Make structural inspections of residential and non-residential construction to ensure
compliance with the latest adopted California Building Code and other related Codes and laws;
(2) Check plans and make inspections of construction work for conformity with the latest adopted
Mechanical Code, Electrical Code, and Plumbing Code.
(d) Review the plans and process building permit applications for subdivisions, create and assign
official addresses, investigate complaints, and conduct the follow-up of violations to this title,
including serving as courtroom witness; and
(e) Issue certificates of use and occupancy for all building construction and modifications that
may change the occupancy or building classification of existing buildings.
Sec. 9-1.105. Director of Public Works Authority.
Subject to the general control and supervision of the City Manager, the Director of Public Works
shall have the following duties, responsibilities, and authority for Chapters 1 through 5 of this title,
as well as other duties, responsibilities, and authority prescribed for the Director of Public Works
under other laws and ordinance, City regulations, and administrative provisions:
(Reorganization transferred to Planning Director)
(a) The Director of Public Works is designated or his or her agent is designated as the
"Floodplain Administrator" and shall be vested with the authority and responsibility to administer
those provisions to include administration, interpretation, decision making, violations and permit
review process.
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Ordinance 938
(b) Authorized to administer the provisions of the State Subdivision Map Act for tentative parcel
maps, tentative tract maps, final maps, vesting tentative maps, mergers, lot line adjustments and
reversions to acreage.
(c) Authorized to review process and implement capital improvement projects to include public
improvement plans and outside agency development review.
(d) The Director of Public Works shall have the direct authority and responsibilities wherever
Chapters 1 through 5 reference the City Engineer.
Sec. 9-1.107. Environmental Administrator authority.
Environmental review of projects shall be carried out by the City's Environmental Administrator
pursuantto the California Environmental Quality Act and City procedures. The Planning Director or
his or her designated representative is hereby appointed as the Environmental Administrator. The
Environmental Administrator shall develop and implement procedures forthe efficient completion of
environmental review for all projects, and shall perform other duties, as specified in Chapter 2
Administration, to facilitate the land use and development review process.
Sec. 9-1.109. Planning Director authority.
Subject to the general control and supervision of the City Manager, the Planning Director shall
have the following duties, responsibilities, and authority for Chapters 1 through 5 of this title, as well
as other duties, responsibilities, and authority prescribed for the Planning Director under other laws
and ordinances, City regulations, and administrative provisions:
(a) The Planning Director shall be responsible for the processing of all development applications
contained in Chapter 2, Article 3 Development Review Procedures of this title, in accordance with
the applicable provisions contained in said Article.
(b) The Planning Director or designee shall be the reviewing authority for minor modifications to
existing approvals or existing development, and minor expansions, additions or exterior alterations
to existing development sites and structures in accordance with the procedures and provisions of
Section 9-2. 303 (Administrative Approvals).
(c)The Planning Director shall be responsible for determining the applicable section(s) of this title
that apply to specific development issues; for making interpretations of code requirements; for
making determinations on unlisted uses in accordance with 9-3.203; and for making interpretations
of district boundaries in accordance with Section 9-3.105.
(d) The Planning Director shall investigate and submit to the Planning Commission or City
Council, his or her findings on appeals where it is alleged there is an error or abuse of discretion in
any order, requirement, decision, or determination made during the administration of Chapters 1
through 5 of this title.
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Ordinance 938
(e) The Planning Director shall have authority or responsibilities where said authority or
responsibility is assigned to the Director by the provisions of Chapters 1 through 5 of this title. Said
authority and responsibility may be delegated through deputies or assistants appointed by him or
her for such purpose.
(f) The Planning Director shall choose to refer any application described in this article to the
Planning Commission as the reviewing authority when the Planning Director determines that:
(1) The general public interest warrants such referral because the nature or intensity of the
project may cause impacts to surrounding areas or the general public;
(2) The applicant is not in agreement with staff's recommendations on the project;
(3) Public input received on the project indicates a significant level of community concern;
(4) The Planning Commission has requested to review the project;
(5) Or as otherwise determined to be warranted by the Planning Director.
(g) When any application described in this article is filed in conjunction with, and is a part of, a
project that requires Planning Commission action on the related land use applications, such
application shall automatically be referred to the Planning Commission in conjunction with the other
pending applications.
(h) Appeals. All determinations by the Planning Director may be appealed to the Planning
Commission and ultimately to the City Council in accordance with Section 9-2.311, Appeals.
(i) Overseeing all the duties and responsibilities as prescribed for the Building Official, whom he
or she supervises.
(j) Authorized and directed to investigate all purported violations of any of the provisions of
Chapters 1 through 5 of this title. If a violation is determined to exist or be pending, the Director of
Planning or his/her designee is hereby authorized and directed to take such measures as deemed
necessary or expedient to enforce and secure compliance with the provisions of Chapter 1 through
5 of this title.
(k) Where any use of land or a building or erection, construction, reconstruction, moving,
alteration, or addition to any building or structure is being done contrary to the provisions of
Chapters 1 through 5 of this title, The Director of Planning may order the work stopped by notice in
writing served on any person engaged in doing or causing such work to be done, and any such
person shall forthwith stop such work until authorized to recommence by the Director of Planning.
Page 4 of 57 EXHIBIT A
Ordinance 938
Sec. 9-1.111. Zoning Administrator authority.
(a) Office of Zoning Administrator created. The office of Zoning Administrator is hereby
established pursuant to the authority granted to cities under Section 65900, et seq. of the
Government Code of the State of California.
(b) Intent and purpose. The office of Zoning Administrator is established to increase the
efficiency and responsiveness of the administration of the City's zoning regulations in the following
areas:
(1) To provide efficient methods of implementing the zoning regulations by reducing the staff time
involved and providing more flexibility in the processing of certain applications as specified in this
title;
(2) To provide a method by which adjustments from the requirements of zoning regulations may
be decided without the necessity of the delays incident to the setting of such matters for public
hearing by the Planning Commission;
(3) To relieve the Planning Commission from the performance of certain minor functions of a
routine nature which tend to divert that body from the major planning and zoning functions entrusted
to the Commission by the San Juan Capistrano Municipal Code and the laws of the State of
California.
(c) Appointment of Zoning Administrator. The Planning Director shall appoint the Zoning
Administrator and such alternate persons to act for, and in behalf of, the Zoning Administrator
during his or her absence.
(d) Authority of Zoning Administrator. Subject to the' general control and supervision of the
Planning Director, the Zoning Administrator shall have authority in the following areas:
(1) Variances. The Zoning Administrator shall have the authority to make determinations on
variance applications, except that when any variance application is filed in conjunction with, and is a
part of, a project that requires Planning Commission action on the related land use applications,
such application shall automatically be referred to the Planning Commission in conjunction with the
other pending applications. Procedures for reviewing and acting on variance applications shall
conform to Section 9-2.351, Variances and Exceptions.
(2) Time extensions. The Zoning Administrator shall have the authority to act on requests for
extensions of time for previously -approved applications that are in substantial conformance with the
original project approval, as provided in applicable provisions of Article 9-2.3 of this Code.
(e) Zoning Administrator procedures.
(1) Determinations on applications. The Zoning Administrator may approve, conditionally
approve, deny, or continue, for reasonable cause, any application described in this article.
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Ordinance 938
(2) Referral to the Planning Commission. The Zoning Administrator may refer any application
described in this article to the Planning Commission when the Zoning Administrator determines:
(A) that the general public interest warrants such referral because the nature or intensity of the
project may cause impacts to surrounding areas or the general public;
(B) the applicant is not in agreement with staff's recommendations on the project;
(C) public input received on the project indicates a substantial level of community concern;
(D) the Planning Commission has requested to review the project, or,
(E) as otherwise determined to be warranted by the Zoning Administrator.
(3) When any application described in this article is filed in conjunction with, and is a part of, a
project that requires Planning Commission action on the related land use applications, such
application shall automatically be referred to the Planning Commission in conjunction with the other
pending applications.
(4) Public hearings and meetings. The Zoning Administrator shall hold public hearings or
meetings for applications as required by Article 9-2.3 of this Code and shall set the time and place
of such hearings or meetings and ensure that the required notifications are made. The Zoning
Administrator shall record his or her findings in full. The Zoning Administrator's decision, based on
such findings, shall be conclusive, unless appealed as set forth herein.
(f) Appeals. All determinations by the Zoning Administrator may be appealed to the Planning
Commission and ultimately to the City Council in accordance with Section 9-2.311, Appeals.
Article 2. Enforcement, Violations, and Penalties
Sec. 9-1.201- Violations and penalties.
(a) Violations. Any building or structure set up, erected, built, moved, or maintained or any use of
property contrary to the provisions of Chapters 1 through 5 of this title or any condition attached to
the granting of any use permit, conditional use permit, or variance is hereby declared to be unlawful
and a public nuisance and shall be punishable as set forth in Chapter 2 of Title 1 of this Municipal
Code.
(b) Abatement. The duly constituted authorities of the City shall commence an action or
proceeding for the abatement, removal, and enjoinment of such violation in the manner provided by
law and shall take such other steps or shall apply to such courts as may have jurisdiction to grant
such relief as will abate and remove such building, structure, or use and restrain and enjoin any
person from setting up, erecting, building, moving, or maintaining any such building or structure or
using any property contrary to the provisions of this Code.
(c) Revocation of permits and variances. The failure of any person to abide by and faithfully
comply with the specifically approved development plan and any and all conditions which may be
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Ordinance 938
attached to the granting of any use permit, conditional use permit, or variance pursuant to the
provisions of Chapters 1 through 5 of this title shall constitute grounds for the revocation of such
use permit, conditional use permit, or variance by the City Council. Judicial procedures will be used
at the revocation hearing when reviewing potential failures to comply with the project as specifically
approved.
(d) Remedies cumulative. All remedies provided for in this section shall be cumulative and not
exclusive. The conviction and punishment of any person hereunder shall not relieve such person
from the responsibility of correcting prohibited conditions or removing prohibited buildings,
structures, or improvements, nor prevent the enforced correction or removal thereof,
(e) The Director of Public Works Services or his/her designees are hereby authorized to notify,
cite, and take legal action against any person who is in violation of the provisions of this Code. The
City Attorney is authorized to institute any legal proceedings to enforce the provisions of this Code.
CHAPTER 2 ADMINISTRATION
Article 1. General Plan and Zoning Consistency
Sec. 9-2.101. Consistency of projects with the General Plan.
(a) General Plan consistency requirements. The California Government Code requires that all
city zoning ordinances, zone changes, subdivisions, and public works projects be consistent with
the City's General Plan. The intent and purpose of this Land Use Code (i.e., Title 9, Chapters 1
through 5, Municipal Code) and the City's overall planning program is that no public or private
development project shall be approved which is inconsistent with the City's General Plan. This
section sets forth procedures for determining the consistency of proposed projects with the General
Plan.
(b) Procedures for determining consistency. The Planning Director shall make a preliminary
finding on whether a proposed zone change, subdivision, or other land use or development
application is consistent with the General Plan. If the Planning Director finds that a proposal is not
consistent with the General Plan or that there is reasonable doubt regarding General Plan
consistency, the Planning Director shall refer the application to the Planning Commission for a
consistency finding prior to review of the proposal itself, or may deny or recommend denial of the
proposal based on inconsistency with the General Plan. If the Planning Director finds that the
proposal is consistent with the General Plan, the proposal shall be scheduled for normal
development review processing (ref. Sections 9-2.301 through 9-2.351) and approval or denial. The
reviewing authority shall make a final determination of General Plan consistency prior to or
concurrent with approval or denial of the application in question. In all cases, if the reviewing
authority finds that a proposal is not consistent with the General Plan, the proposal shall be denied.
Determinations regarding General Plan consistency may be appealed in accordance with the
provisions of Section 9-2.311 Appeals.
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(c) Criteria for determining consistency. The Planning Director or the reviewing authority shall
utilize the following criteria in determining whether a proposed project is consistent with the General
Plan:
(1) The proposal is compatible with the goals, policies, objectives, programs, and general land
uses of applicable elements of the General Plan. In order to satisfy this criterion, a proposal must
meet the overall intent of such goals, policies, and objectives.
(2) The base zoning district (ref. Chapter 3 Zoning Districts and Standards of this Title 9) required
to accommodate the proposal is consistent with the applicable General Plan land use designation
shown on the General Plan Land Use Policy Map. Such zoning consistency shall be determined by
consulting the Zoning Consistency Matrix (Table 2-1, following) which depicts which Zoning Districts
are consistent with the various General Plan Designations.
(3) For residential projects, the number of project dwelling units is consistent with the General
Plan density designation. Density and unit counts shall be computed in accordance with Section 9-
2.103 Residential Density and Unit Count.
Sec. 9-2.103. Residential density and unit count.
The maximum residential density for a specific property is designated on the General Plan Land
Use Policy Map. The actual density and net dwelling units may be less than, but may not exceed
the maximum designated on the General Plan in order to meetthe development standards of Title 9
and other applicable regulations. The City Council has the final authority, through the administration
of this Land Use Code, to determine the appropriate density for each site in accordance with this
section.
Sec. 9-2.10 General zoning and lot requirements
(a) Except as hereinafter provided, buildings or structures shall be erected, reconstructed,
structurally altered, enlarged, moved or maintained, and buildings, structures, or land shall be used
or designed to be used, only for uses permitted in the zone in which such buildings, structures or
land is located, and then only after applying for and securing all permits and licenses required by all
applicable laws and ordinances.
(b) No parcels of land shall be reduced in any manner below the minimum lot area, size, or
dimension specified in the zone district in which the parcel is located.
(c) Lot area shall not be so reduced or diminished that the required yards, open space or lot area
shall be smaller than prescribed in this Code, nor shall population density or intensity of the use be
increased in any manner except in conformity with the regulations established herein.
(d) Yards or other open spaces required around an existing building, or which are hereafter
provided around any building for the purpose of complying with the provisions of this Code, shall not
be considered as providing a yard or required open space on an adjoining lot whereon a building is
to be erected.
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(e) If two or more parcels of land or portions thereof are being combined in order to create a
building site which will more nearly meet the lot area requirements set forth herein, said parcels
shall be deemed as having met the lot area requirements of this Code provided that the resulting lot
shall not be less than 80 percent of the lot area required by the applicable zone district at the time
the lots are combined.
(f) If a lot or parcel of land has not less than the required area, and after the creation of such lot
or parcel of land a part thereof is acquired for public use exclusively, in any manner including
dedication, condemnation, or purchase, and if the remainder of such lot or parcel of land has not
less than 80 percent of the required area, then such remainder shall be considered has having the
required lot area for zoning purposes.
(g) Required setbacks and yard areas shall be measured from the property line, right-of-way
(public or private), or easement dedicated for trail purposes. No portion of an adjacent public or
private right-of-way or trail easement may be used to calculate lot area, setbacks, or open space for
the purpose of meeting the zoning requirements of this Code.
(h) Distance between structures, or between a structure and any property line, setback line, or
other line or location prescribed by this Code, shall be measured to the exterior face of the nearest
wall or vertical support of each structure.
(i) When a portion of a lot or parcel of land is sold or transferred and as a result of such sale or
transfer one or more parcels are created that no longer conform to the lot requirements of this
Code, then the portion sold or transferred and the remainder shall be considered as one lot for
zoning purposes in determining the permissible number and location of any buildings or dwellings
on said lot.
Q) In cases of uncertainty regarding determination as to the location of front, side, and rear lot
lines, the Planning Director shall determine these designations.
Article 2. Environmental Review Procedures
Sec. 9-2.201. Environmental review procedures.
All land use and development review applications referenced in this chapter (such as zone
changes, conditional use permits, subdivisions, etc.) and all public works and other public projects
shall undergo environmental review prior to consideration by the decision-making authority.
Environmental review shall be carried out in accordance with the California Environmental Quality
Act (CEQA) and CEQA Guidelines, the City's CEQA Guidelines, and other applicable regulations.
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Article 3. Development Review Procedures
Sec. 9-2.301. General review procedures.
(a) All development proposals within the City of San Juan Capistrano may be subject to one or
more development review procedures contained in this Article. The exact review procedures, if any,
that apply to a specific project will be determined on a case-by-case basis by the Planning Director
based on an understanding of the project specifics.
(b) No person shall undertake, conduct or use, or cause to be undertaken, conducted or used,
any development project(s) which requires approval of a development application pursuant to this
article, without having first complied with the applicable provisions of this article.
(c) Preliminary development review. An applicant may submit materials for and attend a
preliminary development review conference with City staff to evaluate a development proposal, prior
to submitting a formal application. The purpose of this conference is to acquaint the applicant with
zoning requirements, applicable policies and procedures, standards, and design guidelines
applicable to the proposed project, and to identify any significant development opportunities or
constraints on the site. Application for a preliminary development review shall be made at the
Planning Department and shall be accompanied by the appropriate fee as adopted by the City
Council. The applicant shall submit development plans and other applicable materials showing
proposed land uses and structures, access, setbacks, open space, public improvements,
characteristics of the site, and other pertinent information. The conceptual development plan shall
include sufficient information about the site and the proposal to permit the City to evaluate
development issues on the site. This review shall not be construed as approval of a development
project, is not subject to the Permit Streamlining Act (Government Code Section 65920 et. seq.),
and may not be appealed.
(d) Applications for all land use decisions shall be made to the Planning Department on forms
available from the Department. Each application for a land use decision shall be accompanied by
such information and materials deemed necessary by the Department and as listed in the
application. Concurrent with the submittal of an application, a fee and/or deposit shall be paid, in
the amount determined by resolution of the City Council and other applicable agencies, to cover the
cost incurred by the City in the processing of the applications. Any application for a land use
decision that does not meet the requirements set forth in the application or for which a fee was not
submitted may be deemed incomplete or not accepted for filing.
(e) Except as otherwise specified in this Code, the applicant for any application made pursuant to
this Code must be a person who has a legal interest in the property that is the subject of the
application. The application must be signed by all record owners of the property, except that the
owner(s) may designate an authorized agent to submit and process the application on their behalf
provided that a notarized affidavit, signed by all property owners of record, is submitted with the
application indicating the identity and contact information for the owner's authorized agent. The City
Council may initiate applications for General Plan Amendments and revisions to this Land Use
Code and the Official Land Use Map, pursuant to the applicable sections of this Code.
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(f) All development projects that are subject to the California Environmental Quality Act (CEQA)
shall be reviewed by the Environmental Administrator for conformance with State and City CEQA
Guidelines.
(g) When more than one land use decision is required for a single project, all applications may be
filed and processed concurrently.
(h) The following time limits are established for accepting land use applications as complete,
unless otherwise required or authorized by applicable laws:
(1) Any application for a permit or entitlement pursuant to this Code must be accepted as
complete for processing by the Planning Department in order to initiate the official review process.
Standard submittal requirements for each permit outlining the form and content of a complete
application shall be established by the Planning Director. In addition to the standard submittal
requirements, the Planning Department may request, in writing, information necessary for the
complete analysis of an application. All required materials, information, and fees shall be provided
by the applicant before the application is deemed complete for processing.
(2) Within 30 calendar days after receipt of an application, the Planning Department shall review
the application and determine if it is complete for processing, and shall notify the applicant of such
determination in writing.
(3) In the event an application is determined not to be complete within the time frame specified in
this section, written notice shall be provided to the applicant specifying those portions of the
application that are incomplete. Said notice shall also indicate the information and/or plans
necessary to make the application complete. Upon receipt of the required items by the Planning
Department, the information shall be reviewed for completeness and a determination of
completeness shall be made within 30 calendar days; such determination shall be transmitted to the
applicant in writing.
(4) If a written determination regarding application completeness is not provided to the applicant
within the time periods specified in this section, the application shall be deemed complete for the
purposes of application processing. The Planning Director or designee and the applicant may
mutually agree to a reasonable extension of these time limits, as permitted by state law. The
Streamlining Act does not begin until the (CEQA) process is completed.
(5) After a determination that an application has remained incomplete for a period of 90 days
after written notification of incompleteness is transmitted to the applicant by the Planning
Department and a determination that the required items have not been submitted within that period
of time to complete the application submittal, the Planning Department may return any unused
application materials to the applicant and refund any unexpended portion of the application fee;
provided, however, that the applicant and the Planning Director may mutuallyagree to an extension
of time for submittal of remaining incompleteness items.
(A) Time limits for rendering land use decisions. Applications for development projects shall be
approved or disapproved within the time limits set forth by California Government Code Section
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65950 et. seq. and the applicable provisions of the California Environmental Quality Act, as they
may be amended from time to time. Applications for subdivisions shall be processed in accordance
with the legal time limits established by the Subdivision Map Act (California Government Code
66410-66499.58). When a land use application decision is contingent on approval of another
application which requires legislative action, such as a General Plan amendment or rezone, the
time limits specified by this section shall commence on the effective date of the last such legislative
action on which that land use application is contingent.
(B) Decisions by the reviewing authority.
(1) A reviewing authority may refer a request for a land use decision to the reviewing authority
designated as the appeal body for that type of land use application. In such cases, the referring
authority shall prepare a written report containing the reasons for referring the land use decision.
(2) Prior to rendering a land use decision, the reviewing authority shall address each of the
required findings or criteria that apply to the application type as described in this Code. Evidence or
testimony shall be given to substantiate the reviewing authority's determination on each of the
findings applicable to the case being considered, and shall be specifically cited in the action taken
by the reviewing authority.
(3) The reviewing authority may take an action of denial without prejudice on a land use
application. Such action shall allow the applicant to reapply for the same permit immediately upon
the effective date of the decision except as otherwise specified in this Code.
(4) In approving an application for a land use decision, the reviewing authority may establish
reasonable conditions to its approval that are found to be necessary to protect the public health,
safety, and general welfare. Where the use proposed, the adjacent land uses, environmental
significance or limitations, topography, traffic circulation, infrastructure or other conditions is found
to so require, the reviewing authority may establish more stringent regulations than those otherwise
specified for the applicable zone district in which the project site is located.
(5) For legislative actions such as general plan amendments, comprehensive development plans,
rezones, and development -related ordinances, the Planning Commission shall review and make a
recommendation to the City Council as the final reviewing authority.
(6) City staff reports on land use decisions and zoning matters shall be made available to the
public prior to any public hearing or meeting on the matter and shall be presented and made a part
of the public record.
(k) Effective date of land use decisions.
(1) Ordinances approving land use decisions shall become effective 30 days after the second
reading of the ordinance, unless some other date is specified within the ordinance.
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(2) Land use decisions made at a public hearing or meeting shall be effective on the 15t0 day
after the decision date, except when the 15th day is not a city business day in which case the
decision shall be come effective on the next city business day following the 15th day.
(3) Land use decisions made by administrative action shall become effective on the 15th day after
the written notice of the land use decision has been deposited in the U. S mail, except when the 15th
day is not a city business day in which case the decision shall become effect of the next city
business day following the 15th day.
(4) Land use decisions which are made contingent upon approval of one or more legislative
actions, such as a general plan amendment and rezone, shall become effective on the date when
the approval of the last such application to which they are subject becomes effective.
(1) Modifications to land use approvals. Minor modifications to the approved site plan or
conditions of approval for a development project may be approved by the Planning Director as an
Administrative Approval pursuant to Section 9-2.303 of this Code. However, should the Planning
Director determine that the proposed modification(s) may have a significant impact on the site or
surrounding properties, the Planning Director may require submittal of an application and approval
of a major modification to the original project approval. In the latter case, the review procedures for
the requested major modification(s) shall be those that were applicable to the project when
originally reviewed.
(m) Approval period for conditional land use approvals.
(1) Unless all conditions have been complied with and the occupancy, use or division of land
authorized by the land use decision has been inaugurated or been recorded within the time
specified for each land use application type within this Code, the land use decision shall become
null and void. For the purposes of this section, the term "inaugurated" shall mean that applicable
grading and building permits have been issued, and that substantial work has been performed and
substantial liabilities have been incurred in good faith reliance on such permits.
(2) Where circumstances warrant, the reviewing authority may grant an extension of time for a
conditional land use approval. The length of such extension shall be determined by the reviewing
authority based on the limitation specified in this Code, but in no case shall a conditional land use
decision be extended for a total approval period exceeding 3 years unless otherwise provided by
state law. The reviewing authority of an application for an extension of time on a previously
approved development project shall be the authority which is specified in the applicable sections of
Article 9-2.3, except where such application was approved on appeal, in which case the reviewing
authority shall be the appeal body. All requests fora time extension shall be submitted in complete
form no less than 60 days prior to the expiration date and must be deemed complete by the City by
the expiration date or the project approval will be deemed to have expired; provided, however, that
the applicant and the Planning Director may mutually agree to an extension of time for submittal of
remaining incompleteness items for a time extension request.
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(3) Approval of capital improvement projects of the City shall not be subject to a time limitation
unless specific time limits are included within conditions placed upon the project's approval.
Extensions of time may be granted as provided herein.
(n) Pre -construction conference. The City may request that a project applicant or developer
attend a pre -construction conference prior to the issuance of grading and/or construction permits for
a conditionally approved development project. The purpose of this conference is to acquaint the
contractor with the requirements, policies, and procedures of the city; to identify special conditions
of approval and/or mitigation measures which must be addressed at the construction state; and to
familiarize City staff with anticipated construction schedules, personnel, haul routes, staging areas,
and other aspects of construction.
(o) Final clearance. Final clearance from the Planning Department shall be granted for new
construction or development only after any new buildings, enlargements, or alterations have been
completed in conformity with the provisions of this Code, and with any approved site development
plans and required conditions, and when the proposed use conforms to the zoning and General
Plan and other applicable City requirements.
Sec. 9-2.302 Notification Procedures
(a) When a provision of this title or other applicable ordinance of the City of San Juan Capistrano
or state law requires notice to the public of a proposed land use decision, notice shall be provided
pursuant to this section. Notice may be given in such other manner as is required by state law or
deemed necessary or desirable by the Planning Director. If the Planning Director determines that
the notification area should be expanded based upon the nature and intensity of the project and its
potential impact on surrounding properties or neighborhoods, the applicant shall submit additional
mailing labels as part of the application submittal package.
(b) Notice shall be given by first class mail to any person who has filed a written request for such
notice.
(c) "Surrounding property," for the purposes of this section, shall be defined as those properties
that fall within a radius drawn from the nearest Hmits of the property that is the subject of the land
use application. For applications requiring notice to surrounding properties, all properties subject to
City Council Resolution No. 07-09-04-01 shall be noticed as may be amended from time to time,
except that the Planning Director may expand the surrounding property notice requirement if
deemed necessary to include all properties potentially affected by the application.
(d) "Contiguous property," for the purpose of this section, shall be defined as those properties
which touch property lines of any parcel that is the subject of a land use decision, including those
properties which touch said property lines of the subject parcel when projected across public or
private rights-of-way and easements.
(e) A one-eighth page display advertisement in a newspaper of general circulation within the city
may be substituted for individual property owner notice, whenever the individual notice would
require notification of 1,000 or more property owners.
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(f) Whenever a public hearing is required by provisions of this Title 9, the following procedures
shall be followed:
(1) Posting of notice. Notice of the time and place of the public hearing, a general explanation of
the matter to be considered, and a general description of the area affected and the place where
further information on the application may be obtained shall be given at least ten (10) calendar days
before the hearing by posting at three (3) public places in the City. Said public places shall be
designated by City Council resolution.
(2) Mailing. Notice containing the information specified in subsection (1) of this section shall be
given by mail or delivered to the applicant and to any other person who has filed a written request
with the City for such notice. Notice shall also be mailed or delivered to each local agency expected
to provide schools or other essential facilities or services to the project, whose ability to provide
those serves may be significantly affected.
(3) Publication. Notice of the time and place of the public hearing, a general explanation of the
matter to be considered, and a general description of the area affected and the place where further
information on the application may be obtained shall be published in a local newspaper of general
circulation at least ten (10) calendar days before the hearing.
(4) Notice contents. The notice shall include the date, time, and place of the public hearing, the
identity of the hearing body or officer, a general description of the matter to be considered, a
general description of the location of the real property (if any) that is the subject of the hearing, and
whether a negative declaration or environmental impact report has been prepared.
(5) Surrounding property notification. In cases where the public hearing concerns a specific
parcel or parcels of land, such notice shall be mailed or delivered to the owner(s) of the parcel(s) in
question (if different from the applicant) and to all owners of surrounding property as described in
section (c) of this section.
(g) Whenever a public meeting is required by provisions of this Title 9, the following procedures
shall be followed:
(1) Posting of notice. Notice of the time and place of the public meeting, a general explanation
of the matter to be considered, and a general description of the area affected and the place where
further information on the application may be obtained shall be given at least ten (10) calendar days
before the hearing by posting at three (3) public places in the City. Said public places shall be
designated by City Council resolution.
(2) Mailing. Notice containing the information specified in subsection (1) of this section shall be
given by mail or delivered to the applicant and to any other person who has filed a written request
with the City for such notice.
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(h) Whenever an administrative action is taken on a land use application for which neither a
public hearing nor a public meeting is required but forwhich this Code requires notice to contiguous
property owners, the following procedures shall be followed:
(1) The Planning Department shall provide mailed notice to contiguous property owners and any
other owners of property which, in his/her determination, have the potential to be affected by the
proposed project, no later than ten (10) days prior to the decision date.
(2) Notice shall include information about the proposal, the location of the project site, the
environmental review process and proposed findings pursuant to the California Environmental
Quality Act, the date of the proposed decision, and contact information for the reviewing authority.
Sec. 9-2.303. Administrative approvals.
(a) Authority of the Planning Director. The Planning Director has been granted authority of
administrative approval in accordance with Chapter 3 Zoning Districts and Standards of this title,
subject to specific findings and procedures. The Planning Director may also refer projects identified
under this section to the Design Review Committee for recommendation prior to final approval,
upon determining that input from the Design Review Committee is warranted based on proposed
design, colors, materials, massing, architectural style, compatibility with surrounding properties,
landscaping, lighting, signage, or other similar design feature. The following items are hereby
delegated to the Planning Director or designee for review and approval:
(1) Amateur radio antenna permits in compliance with the provisions of Section 9-3.507
Antennas;
(2) Awnings in all non-residential districts where the awning is structurally attached to the
principal permitted structure in compliance with Section 9-3.501 Accessory Uses and Structures;
(3) Building additions not to exceed ten (10) percent of the gross floor area of the existing
building or 1,000 square feet, whichever is less, provided that the Planning Director finds that the
expansion: (A) will not change the use or density of the project and that all required parking,
landscaping, open space and setbacks and other required features are maintained or provided on
the site; (B) will not result in new or additional environmental impacts pursuant to CEQA; (C)
conforms to all applicable Code requirements; (D) is consistent with the City's design guidelines and
the character of the existing development or land use approval with respect to architectural style,
colors, materials, massing, scale, and other design features.
(4) Minor modifications to existing development projects or approvals, provided that the Planning
Director finds that the minor modification: (A) does not change the use, intensity, or density of the
project; (B) does not result in new or additional environmental impacts pursuant to CEQA; (C) does
not deviate from applicable Code requirements; (D) is consistent with the City's design guidelines
and the character of the existing development or approval with respect to architectural style, colors,
materials, massing, scale, landscaping, lighting, and other design features. Proposed minor
modifications to colors, windows and doors, landscape palette, signage, lighting, and other design
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features shall be routed to the Design Review Committee for review, whenever the Planning
Director determines that the modifications may change the visual character of the building or site.
(5) Minor modifications to grading plans or grading of existing lots, pursuant to the Section 9-
4.423(b).
(6) Equestrian shows and exhibits as permitted in compliance with the provisions under Section
9-3.515 Equestrian Standards;
(7) Exterior lighting as permitted in individual districts in compliance with the provisions of
Section 9-3.529 Lighting Standards;
(8) Fences exceeding maximum height requirements provided they are in compliance with the
provisions of Section 9-3.517 Fences, Walls, and Hedges;
(9) Home business permit applications that comply with the provisions of Section 9-3.523 Home
Business;
(10) Minor modifications to approved tentative tract or parcel maps, pursuant to Section 9-
4.423(b);
(11) Outdoor dining, provided that a finding is made that adequate parking is provided for the
outdoor dining use;
(12) Outdoor display of merchandise and product display for an existing building provided that
such outdoor display complies with the provisions under Section 9-3.549 Storage and Display;
(13) Outdoor storage as permitted in individual districts in compliance with the provisions under
Section 9-3.549 Storage and Display;
(14) Roof eaves and gables on accessory structures in excess of twelve (12) inches, measured
from the vertical side of the unit, in compliance with Section 9-3.501 Accessory Uses and
Structures;
(15) Sign permit applications in compliance with the provisions of Section 9-3.543 Signs;
(16) Special activity permit applications in compliance with the provisions of Section 9-3.547
Special Activities;
(17) Minor alterations to structures listed on the Inventory of Historic and Cultural Landmarks
(IHCL) consisting of replacement or modification of doors and windows; the addition of first floor
porches and decks; the replacement of roofing material or building siding; minor improvements to
landscaping, hardscape, walls, fences, arbors, and other landscape features; and similar minor site
or building alterations, provided that any such alteration has been reviewed for conformance with
the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for
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Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks and
Grimmer).
(b) Application completeness. The Planning Director shall prescribe the type and form of
information required to process an administrative approval, provided that during the review process
other information may be required by the Planning Director or other reviewing authority to complete
the review process. Once an application is received by the Department of Planning Services, the
application will be reviewed for completeness. If the Department of Planning Services finds the
application to be complete, then the application will be processed according to the procedure
described in subsection (c) Process. If the application is found to be incomplete, the Department of
Planning Services will notify the applicant in writing within thirty (30) days what additional
information is required, and the application will not be processed until that information is received by
the Department of Planning Services.
(c) Process. Upon receipt of a complete application form and all supporting information, the
Planning Director shall review and evaluate the application based on the applicable provisions of
this Land Use Code and shall approve, deny, approve subject to modifications or conditions, or
refer the project to the Planning Commission for review and action pursuant to Section 9-1.109(f).
When determined to be warranted based on the nature or intensity of the project, the Planning
Director shall provide mailed notice to contiguous property owners and any other owners of property
which, in his/her determination, have the potential to be affected by the proposed project, no later
than 10 days prior to the decision date, pursuant to Section 9-2.302(h). Said notice shall include
information about the proposal, the location of the project site, environmental determination, date of
the proposed decision, and contact information for the Planning Department
(d) Time limit for implementation. An Administrative Approval that modifies a prior land use
approval (such as an Architectural Control Modification) shall be valid until the expiration date of the
approval that it modifies, and may be extended concurrently with any extensions granted for the
concurrent approval(s). For other Administrative Approvals, the Planning Director may establish an
expiration date, where deemed appropriate, not to exceed an initial approval period of twelve (12)
months, during which time the use or improvement that is the subject of the Administrative Approval
must take place. One time extension not to exceed an additional 12 months may be granted by the
Planning Director for an administrative approval filed with no other applications, provided that no
substantial changes have been made to the approved plan and that all the original findings and
conditions of approval are determined by the Planning Director to remain valid.
(e) Appeals. Decisions of the Planning Director regarding administrative approvals may be
appealed in accordance with Section 9-2.311 Appeals.
Sec. 9-2.305. Adult business permit.
(a) Process. The process for obtaining adult business permits is defined in Section 5-27 of the
Municipal Code.
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Sec. 9-2.307. Amendment of the General Plan.
(a) Initiation of General Plan amendments. Only the City Council may initiate a General Plan
amendment by adopting a resolution directing the Department of Planning Services to conduct an
appropriate General Plan study. In addition, any property owner or his or her designated agent,
resident, the Planning Commission, or a member of the City Council may petition the City Council to
initiate a General Plan amendment. An action by the City Council to initiate a General Plan
Amendment study shall not be interpreted as an intent to adopt such an amendment, and is
considered to be a feasibility study and not a project pursuant to CEQA.
(b) Number of allowable General Plan amendments per year. Pursuant to Government Code
Section 65358, no mandatory element of the plan shall be amended more frequently than four (4)
times during any calendar year.
(c) Minimum vote requirement. Pursuant to Government Code Section 65356, no General Plan
amendment shall be enacted unless the City Council votes by three (3) affirmative votes to approve
the proposed General Plan amendment. In the event that the Planning Commission fails to
recommend approval of a General Plan amendment by three (3) affirmative votes of its
membership, a lack of an affirmative recommendation shall be treated as a recommendation for
denial and the matter shall be forwarded to the City Council for final action.
(d) Review procedure. Following City Council acceptance of one or more General Plan
amendment petitions for consideration, the procedure set forth in this section shall be used to
process the General Plan Amendment.
(1) Each petitioner for a General Plan amendment shall submit information deemed necessary to
complete environmental review and the consideration of the amendment itself. The Planning
Director shall prescribe the type and form of information required and shall ensure that it is of
sufficient detail to allow adequate analysis of each proposal.
(2) Environmental review of the proposal shall be conducted in accordance with the City's
adopted CEQA Guidelines and applicable state law.
(3) Notice of the proposed General Plan Amendment shall be provided to affected service
providers, utility companies, adjacent cities, school districts, the Native American Heritage
Commission, and other entities as required by California Government Code Section 65352.
(4) The proposed General Plan amendment shall be forwarded to City commissions and boards
for review, as deemed appropriate by the Planning Director.
(5) The Planning Commission shall consider the proposed General Plan Amendment at a noticed
public hearing pursuant to Section 9.-2.302(f). The Planning Commission shall adopt a resolution
recommending final action on the General Plan amendment to the City Council, including findings
supporting their recommendation.
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(6) The City Council shall consider the proposed General Plan Amendment at a noticed public
hearing pursuant to Section 9.-2.302(f). The City Council may approve, deny, or modify the
proposed amendment, provided however that any significant revision to the proposed amendment
shall be sent back to Planning Commission for review and recommendation within 45 days. Failure
of the Planning Commission to review and make a recommendation on the City Council's proposed
revision to the General Plan amendment shall be considered a recommendation for approval.
Sec. 9-2.309. Amendment of the Land Use Code.
(a) Introduction. Amendments of this Land Use Code (Title 9, Chapters 1 through 5 of the San
Juan Capistrano Municipal Code) shall include amendments to this Land Use Code text (text
amendment), as an integral part of this Land Use Code.
(b) Decision making authority. The City Council may amend the Land Use Code text by adoption
of an amending ordinance in accordance with the procedures set forth in this section. A Land Use
Code text amendment adopted by the City Council shall be incorporated into the text of this Land
Use Code.
(c) Initiation of application. Land Use Code text amendments may only be initiated by the City
Council. City commissions, boards, City staff, or any interested private party may petition the City
Council to initiate consideration of a text amendment, provided that if the amendment is directly
related to a parcel of land, all the owners or authorized agents of the owners of said property must
submit the petition.
(d) Review process. The Planning Director shall prescribe the type and form of information
required and shall ensure that it is of sufficient detail to allow adequate analysis of each proposal.
Text amendment applications shall be processed in accordance to the procedures set forth in this
section.
(1) Environmental review of the proposal shall be conducted in accordance with the City's
adopted CEQA Guidelines and applicable state law.
(2) The proposed Land Use Code amendment shall be forwarded to City commissions and
boards for review and recommendation, as deemed appropriate by the Planning Director.
(3) The Planning Commission shall consider the proposed Land Use Code Amendment at a
noticed public hearing pursuant to Section 9-2.302(f). The Planning Commission shall adopt a
resolution recommending final action on the General Plan amendment to the City Council, including
findings supporting their recommendation.
(4) The City Council shall consider the proposed Land Use Code Amendment at a noticed public
hearing pursuant to Section 9-2.302(f). The City Council may approve, deny, or modify the
proposed amendment; provided, however, that any significant revision to the proposed amendment
shall be sent back to Planning Commission for review and recommendation within 45 days. Failure
of the Planning Commission to review and make a recommendation on the City Council's proposed
revision to the General Plan amendment within 45 days shall be considered a recommendation for
approval.
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(5) Following the denial of an application for a Land Use Code amendment, an application for the
same or substantially same amendment shall not be accepted within one (1) year of the date of
denial, except as initiated by the City Council.
(e) Findings. Prior to taking an action to approve or recommend approval of a Land Use Code
amendment, the reviewing authority shall find that all of the following findings can be made:
(1) The proposed Land Use Code amendment conforms with the goals and policies of the
General Plan;
(2) The proposed Land Use Code amendment is necessary to implement the General Plan and
to provide for public safety, convenience, and/or general welfare;
(3) The proposed Land Use Code amendment conforms with the intent of the Development Code
and is consistent with other applicable related provisions thereof; and
(4) The proposed Land Use Code amendment is reasonable and beneficial at this time.
Section 9-2.309. Reserved.
Sec. 9-2.311. Appeals.
(a) Prior to its effective date, any land use decision made in accordance with the provisions of
this Code by a reviewing authority other than the City Council may be appealed in accordance with
the procedures in this section. The Planning Commission shall consider appeals regarding land
use decisions made by the Zoning Administrator, Planning Director, or designee. The City Council
shall consider actions by any City commission, board, or committee regarding land use decisions.
(b) Time period for submission of appeal. An appeal shall be filed in writing on a form provided by
the City Clerk. The appeal shall state the specific reasons for making the appeal. Said appeal form
shall be filed with the City Clerk within fifteen (15) days following an action or decision by a City
commission, board, committees, staff or other City body.
(c) Who may initiate appeals. An applicant, any resident of the City, any owner of real property
in the City, or a tenant or leaseholder of property which is located adjacent to/or within 300 feet of
the property boundaries of the application being appealed, or an individual or firm that may be
affected by the decision on the application may file an appeal within the 15 -day appeal period upon
submittal of the required application and filing fee. The filing of a valid appeal shall stay all further
actions/decisions on the matter being appealed.
(d) Appeal review procedures. Each petitioner for an appeal shall submit information deemed
necessary to complete the review and consideration of the appeal. The City Clerk shall prescribe
the type and form of information required and shall ensure that it is of sufficient detail to allow
adequate analysis of each appeal. Once an appeal is received by the City Clerk, the appeal
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application will be reviewed for completeness. If the City Clerk finds the application to be complete,
then the application will be processed according to the procedure described herein. If the
application is found to be incomplete, the City Clerk will notify the applicant in writing within thirty
(30) days what additional information is required and the appeal will not be processed until that
information is received by the City Clerk.
(e) Findings for determining completeness. In reviewing the application for completeness, the
City Clerk shall make a determination that the appeal is or is not valid. If the appeal is not valid, the
City Clerk will return the application and filing fee to the appellant. In making this determination the
City Clerk shall make the following findings:
(1) The specific reason for filing the appeal as stated on the appeal form, relates to a
discretionary action that was under consideration by the decision-making body.
(2) The individual is qualified to file an appeal as meeting the definition listed under subsection
(c) of this section.
(f) Within 30 days of the acceptance of an application for an appeal of a land use decision
(except where otherwise provided in the Subdivision Map Act), the Planning Director or City Clerk
shall establish a hearing date and shall give notice of the date, time, and place of the hearing to the
appellant, the applicant, and to any other party who has requested in writing to be so notified. In
addition, notice shall also be given in the same manner as notice was given for the land use
decision being appealed.
(g) Within 45 days of acceptance of a complete and valid appeal application, the appeal shall be
heard by the appropriate hearing body; said hearing body may continue consideration of the item
from time to time.
(h) Any member of the Planning Commission or City Council who appeals a land use decision as
an individual pursuant to this section shall abstain from participating as a member of the hearing
body, but may provide written or oral testimony on the matter to the hearing body in the same
manner as, and in the time provided for, other members of the general public. Any member of the
City Council may be considered an affected individual for purposes of subdivision (c) above. In
addition, the City Council may, on it sown motion within fifteen (15) days following the final action or
decision by a City commission, board, committee, staff, or other City body, elect to review and
consider such decision pursuant to, and in compliance with this section; provided that an application
for appeal need not be filed by the City Council, or any member thereof, when the City Council
elects, by majority vote on its own motion, to review and consider such decision. The City Council,
upon its motion to review and consider the decision below, shall state the reasons for its decision to
review the decision below.
(i) Upon hearing the appeal, the appeal body shall consider the record and such additional
evidence as may be offered, and may affirm, reverse, or modify, in whole or in part, the order,
requirements, decision, determination, interpretation, or ruling being appealed, or may make or
substitute such other or additional decision or determination as it may find warranted under the
provisions of this Code, the General Plan, or other City requirements or standards. The appeal
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body is subject to all of the criteria and requirements for making findings imposed upon the original
reviewing authority, including the requirements to complete environmental review. The appropriate
authority shall forthwith transmit a copy of the decision to the applicant, appellant, and in the case of
a City Council decision, to the Planning Commission.
Sec. 9-2.313. Architectural control review.
(a) Projects subject to architectural control (AC) review. AC review shall be conducted for every
project proposing:
(1) New construction of commercial, office, industrial, institutional, recreational, or other
nonresidential development and/or use;
(2) Residential projects with a gross density of eight (8) units per acre and/or that propose new
construction of three or more dwelling units on a lot, parcel, or development site;
(3) Substantial modification of an existing or previously approved development project which was
originally subject to AC review, or expansion of such project by over10 percent of the original floor
area or 1,000 square feet, whichever is less;
(4) Change of use within an existing or previously approved development project subject to AC
approval that would intensify the use so as to trigger additional requirements for parking, building
occupancy, exiting, roof -top equipment, doors and windows, vehicular or pedestrian access, or
other modifications as determined by the Planning Director to require new AC approval;
(5) Conversion of a residential structure to a non-residential use;
(6) Project entry designs, slope landscaping, walls and fencing plans, and production home
designs for residential projects approved by tentative tract map.
(7) Area plans, when required by a comprehensive development plan or specific plan.
(b) Architectural Control review process.
(1) Each applicant for an AC review shall submit information deemed necessary to complete
environmental review and the consideration of the application itself, along with the required fee or
deposit as established by City Council resolution. The Planning Directorshall prescribe the type and
form of information required and shall ensure that it is of sufficient detail to allow adequate analysis
of each application. A preliminary development review meeting between city staff and the applicant
may be conducted prior to filing of the formal application, pursuant to Section 9-2.301(c).
(2) Once an application is received by the Department of Planning Services, the application will
be reviewed for completeness and processed pursuant to the timelines established in Section 9-
2.301. The application shall be accompanied by the required number of site plan maps, floor
plans, elevations, and documentation on site conditions as required by staff to review the proposal.
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(3) Projects requiring separate discretionary entitlement, such as rezoning, subdivision maps,
variances, use permits, or similar applications, shall also be subject to the procedural requirements
of Article 3 Development Review Procedures of chapter 2 of this title, which may be processed
concurrently with the AC review.
(4) The Planning Director may forward the AC application to the Design Review Committee for
recommendations on design issues; the Traffic Commission for recommendations on circulation
and traffic issues; the Cultural Heritage Commission for recommendations on historical structures,
districts or programs; and/or the Park, Recreation and Equestrian Commission for
recommendations regarding trail and park issues, prior to scheduling the AC application for public
hearing by the Planning Commission.
(5) The reviewing authority for an AC application shall be the Planning Commission, or the City
Council on appeal.
(6) Notice of public hearing shall be given pursuant to Section 9-2.302(f).
(c) Findings. In order to approve an architectural control application, the reviewing authority shall
make the following findings:
(1) The proposed use and design of the project comply with all applicable provisions of Title 9 of
the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive
development plan;
(2) The proposed use and design of the project is consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element;
(3) The site is adequate in size and shape to accommodate all yards, open spaces, setbacks,
parking, access, and other features pertaining to the application, except as otherwise approved;
(4) The character, scale and quality of the architecture, site design and landscaping are
consistent with the adopted Architectural Design Guidelines of the City;
(5) The site plan provides functional and safe vehicular, bicycle and pedestrian access and
circulation;
(6) The proposed use and design of the project are compatible with surrounding existing and
proposed land uses and community character, including scale, intensity, massing, architectural
design, landscape design, and other development characteristics.
If one or more of the above -stated findings cannot be made to approve the application, the
reviewing authority shall deny the application citing specific reasons in support of their action.
(d) Conditions of approval. The reviewing authority may apply conditions of approval on an AC
application to ensure consistency of the project with applicable codes and standards and to mitigate
adverse impacts of the project, which may include but are not limited to requirements for
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dedications and easements; water quality requirements, on and off-site improvements; utilities;
waste management and recycling; stormwater management; fire access; tree conservation;
landscaping; site amenities; lighting; walkways and disabled access; and other such additional
improvements and facilities as determined reasonably necessary for the proper development of the
site.
(e) Expiration of application approvals and time extensions. Application approvals granted under
this section shall expire two (2) years from the effective date of the approval action by the reviewing
authority if building permits have not been issued and construction is not underway. The Zoning
Administrator may grant extensions of time for an Architectural Control approval not to exceed an
additional twelve (12) months per request at a noticed public hearing pursuant to Section 9-2.302(f),
provided that there are no substantial changes to the project or to the conditions of approval. The
applicant shall demonstrate that issues or circumstances warrant approval of a time extension. For
any request for extension of time on an Architectural Control application involving substantial
changes to the project or conditions of approval, the Planning Commission shall be the reviewing
authority at a public nearing noticed pursuant to Section 9-2.302(f). Any application for an extension
of time must be submitted to the City prior to the expiration date. When granting an extension, the
Zoning Administrator must find that the application remains consistentwith all applicable provisions
of this Code. Decisions of the Zoning Administrator on applications for time extensions may be
appealed to the Planning Commission in accordance with Section 9-2.311 Appeals of the Municipal
Code. Extensions of time maybe granted for a total of no more than five (5) years from the initial
AC approval date.
(f) Revisions and modifications. Revisions or modifications to an approved AC approval may be
requested by the applicant in accordance with the following procedures:
(1) Minor revisions may be reviewed and approved by the Planning Director by Administrative
Approval pursuant to Section 9-2.303.
(2) Major revisions such as changes to conditions of approval, expansions, intensification of the
use or relocation of structures, shall be processed through an Architectural Control modification
application pursuant to the procedures set forth in this section for a new application.
(g) New application following denial. Following the denial of an application for an AC approval,
no application for the same or substantially the same use and design on the same or substantially
the same site shall be filed within one year from the date of project denial.
(h) Consistency with approved plans. An architectural control approval shall pertain only to those
plans reviewed and approved with the AC application. Further, all plans approved with an AC shall
be considered an integral part of the AC approval. The Planning Director shall ensure that any final
working drawings for grading or construction authorized by an AC approval are consistent with said
previously -approved plans prior to release of working drawings for plan check.
9-2.313 Reserved.
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Sec. 9-2.315. Change of zone district.
(a) Introduction. Amendments to this Land Use Code (Title 9, Chapters 1 through 5 of the San
Juan Capistrano Municipal Code) shall include changes in the Official Zoning Map (zone change)
adopted by reference, per Article 1 Establishment of Districts: Official Zoning Map of Chapter 3 of
this title, as an integral part of this Land Use Code. Whenever the public necessity, convenience,
general welfare, or the policies set forth in the General Plan justify such action, zoning boundaries
and/or designations may be amended through the procedures established in this section.
(b) Decision-making authority. The City Council may amend the Official Zoning Map by adoption
of an amending ordinance in accordance with the procedures set forth in this section.
(c) Initiation of application. Consideration of a zone change, i.e., a change to the Official Zoning
Map, may be initiated for a given parcel by the City Council or by the record owner(s) of that parcel
or the owner's authorized agent. The Planning Commission, City staff, or other interested parties
may also petition the City Council to initiate consideration of a proposed zone change.
(1) Applications for zone district changes may be filed with the Department of Planning Services
by the property owner(s) or authorized representative, along with payment of the required fee as
established by City Council resolution. If the property for which rezoning is proposed is in more than
one ownership, all the owners or their authorized agents must join in filing the application. The
Planning Director shall prescribe the form of application and the supporting information required to
initiate both environmental review (pursuant to Article 2 Environmental Review Procedures of
Chapter 2 of this title) and the zone change application review.
(2) If deemed appropriate by the City to expand the boundaries of any proposed zone change,
notice shall be given to all property owners within the proposed expansion boundaries.
(3) An application for a zone change may be filed concurrently with any other application(s) on
the same property.
(d) Review process. Once an application is received by the Department of Planning Services,
the application will be reviewed for completeness. If the Department of Planning Services finds the
application to be complete, then the application shall be processed in accordance to the procedure
described in this section. If the application is found to be incomplete, the Department of Planning
Services will notify the applicant in writing within thirty (30) days what additional information is
required, and the application will not be processed until that information is received by the
Department of Planning Services. The Planning Director or designee may require additional
information if deemed necessary to enable the Planning commission and City council to determine
whether the change is consistent with the standards of the Land Use Code and the maps and
policies of the General Plan.
(1) The Planning Commission shall hold a public hearing on each application for a zone change.
The hearing shall be set and notice given as prescribed in Section 9-2.302(f). The hearing may be
continued from time to time. The Planning Commission shall determine whether the proposed zone
change is consistent with all of the required findings for approval as set forth in paragraph (e) of this
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section, and, if so, shall provide a written report recommending to the City Council that the zone
change be granted, granted in a modified form, or denied.
(2) When the Planning Commission determines, following a public hearing on a proposed zone
change, that a change to a zone classification other than the proposed classification specified in the
hearing notice is desirable, the Commission may recommend an alternate classification, following
new notice and public hearing procedures. In making a modified recommendation, the Planning
Commission must determine that the recommended alternatives is more appropriate forthe subject
property and is consistent with the General Plan, applicable Specific Plan or Comprehensive
Development Plan, and this Land Use Code.
(3) Upon recommendation of the Planning Commission to approve or deny a proposed zone
change, the City Council shall hold a public hearing. The hearing shall be set and notice given as
prescribed in Section 9-2-302(f). The hearing may be continued from time to time. Following the
closing of the public hearing, the City Council shall make specific findings as to whether the zone
change is consistent with the objectives of this Land Use Code and the General Plan. If the City
Council makes all of these findings, as contained in paragraph (e) of this section, it shall introduce
an ordinance amending the Official Zoning Map.
(4) The City Council shall not modify a recommendation of the Planning Commission on a zone
change until it has requested and considered a report of the Planning Commission on the
modification. Failure of the Planning Commission to report within 40 calendar days after receipt of
the Council request shall be deemed to be in concurrence with the modification.
(5) Following the denial of an application for a change in zone, an application for the same or
substantially the same change on the same or substantially the same property shall not be filed
within one year of the date of denial.
(6) A change in zone shall be indicated on the zoning map, along with a notation listing the
number and date of each ordinance amending the zoning map, within the revision block of said
map.
(e) Required findings for approval. Zone change applications may be approved only if the
following findings can be made:
(1) The proposed zone change is consistent with the General Plan land use map and applicable
goals and policies;
(2) The proposed zone change is consistent with the Land Use Code, including Article 1 General
Plan Review and Table 2-1, Zoning Consistency Matrix;
(3) The site of the proposed zone change is suitable for any of the land uses permitted within the
proposed zone district;
(4) The uses allowed by the proposed zone change are compatible with existing and planned
uses on surrounding properties and the community in general;
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(5) The proposed zone change is reasonable and beneficial at this time.
(f) Pre -zoning. For the purpose of establishing zone district boundaries to become effective only
upon annexation, property outside the corporate boundaries of the City and within the adopted
sphere of influence may be classified within one or more zones in the same manner and subject to
the same procedural requirements as prescribed for property within the City.
(1) Upon passage of an ordinance establishing the applicable pre -zoning designation for property
outside the City, the Official Zoning Map shall be revised to show the "pre -zoned" classification to
become effective upon annexation.
(2) The Official Zoning Map shall show pre -zoned areas with the prefix "PZ of "Pre -Zone" in
addition to such other map designation as may be applicable._
9-2.315 Reserved.
Sec. 9-2.317. Conditional use permit.
(a) Purpose and intent. Chapter 3 (Zoning Districts and Standards) of this title contains listings of
land uses that are permitted within the various zoning districts upon approval of a conditional use
permit (CUP). Such uses require approval of a CUP for their establishment because, although such
uses may be deemed consistent with the purpose and intent of the district, they typically have
characteristics that require special regulation in order to avoid or minimize potential adverse
impacts on surrounding properties. Therefore, each such proposed conditional use shall be
reviewed individually to determine whether the subject land use should be permitted at the
particular location proposed and what special conditions should be placed on the establishment and
operation of an approved conditional use permit. The conditional use permit process is intended to
provide an opportunity for public review and evaluation of site-specific requirements and
characteristics; to provide adequate mitigation of any potentially adverse impacts; and to ensure
that all site development regulations and performance standards are provided in accordance with
this Land Use Code. In addition, the conditional use permit provides a means of monitoring
compliance with conditions of operation that may be applied to the use in order to protect public
health, safety, and welfare, and to ensure compliance with the General Plan.
(b) Applicability. Only those uses listed in the District Regulations of Chapter 3 Zoning Districts
and Standards of this title as permitted conditional uses or those uses added to such listing by
"determination of use" (ref. Article 2 District Regulations: General Provisions of Chapter 3 of this
title) may be approved within a given district by means of a CUP. No person shall undertake,
conduct or use, or cause to be undertaken, conducted or used, any development projects that
require a conditional use permit, without having first complied with the provisions of this section.
(c) Conditional use permit review process.
(1) Applications for conditional use permits may be filed with the Department of Planning
Services by a record owner of the property in question or by the owner's authorized agent. The
Planning Director shall prescribe the form of application and the supporting information required to
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initiate both environmental review (pursuant to Article 2 Environmental Review Procedures of
Chapter 2 of this title) and the CUP application review. A preliminary development review meeting
between city staff and the applicant may be conducted prior to filing of the formal application,
pursuant to Section 9-2.301(c).
(2) Each applicant for a CUP shall submit information deemed necessary to complete
environmental review and the consideration of the application itself, along with the required fee or
deposit as established by City Council resolution. The application shall be accompanied by the
required number of site plan maps, floor pians, elevations, and other documentation on site
conditions as required by staff to review the proposal.
(3) Once an application is received by the Department of Planning Services, the application will
be reviewed for completeness and processed pursuant to the timelines established in Section 9-
2.301.
(4) The Planning Commission may have the authority to approve, deny, or approve with
conditions CUP applications at a public hearing noticed pursuant to Section 9-2.302(f). The
Planning Director may forward the CUP application to various City boards and commissions for
review and recommendation on design, circulation and traffic, cultural resources, recreation or trails,
as deemed appropriate by the Director prior to scheduling the CUP for a public hearing by the
Planning Commission.
(d) Findings. In order to approve a CUP application, the reviewing authority shall make the
following findings:
(1) The proposed use and design are consistent with the maps and policies of the General Plan;
(2) The proposed use and design are consistent with the purpose, intent, and standards of the
Land Use Code and any applicable specific plan or comprehensive development plan, except as
otherwise approved;
(3) The site for the proposed use is adequate in size and shape to accommodate all yards, open
spaces, setbacks, walls and fences, parking and loading areas, fire and building code
considerations, trash and recycling enclosures, and other features pertaining to the application;
(4) The proposed use and the on-going operation of the use are compatible with abutting
properties and the permitted uses thereof, and will not generate excessive light, noise, vibration,
odors, visual blight, traffic, or other disturbances, nuisances, or hazards; and
(5) The site for the proposed use has adequate access and parking to support the use.
(e) Conditions of approval. In granting any conditional use permit, the reviewing authority shall
affix those conditions that it deems necessary in order to safeguard the public health, safety and
general welfare of the district and to ensure compliance with the General Plan. Where the
proposed use, adjacent land uses, environmental effects or limitations, topography, or traffic
circulation is found to so require, the reviewing authority may establish more stringent regulations
Page 29 of 57 EXHIBIT A
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than those otherwise specified for the zone district in which the project is located. The City may
require dedication of land or easements for public use, provided that there is a reasonable
relationship between the required dedication and the impact of the proposed development, and that
the required dedication is related both in nature and extent to the impact of the proposed
development. In order to mitigate the possible adverse impact of a conditionally -permitted use on
surrounding properties and to ensure overall consistency of the use with the Land Use Code and
the General Plan, conditions may include, but are not limited to, restrictions on hours of operation;
types of activities; noise levels; lighting levels and hours; provision and maintenance of buffer areas,
yards and spaces; provision and maintenance of landscaping; regulation of ingress and egress;
regulation of signs; required site maintenance; parking management; waste management; or other
operational considerations as deemed appropriate by the reviewing authority.
(f) Establishment of use. Use of property as authorized by an approved conditional use permit
shall adhere to the following requirements:
(1) Time period for establishment. Conditional use permits, when approved, authorize the
establishment and operation of a particular land use at a particular location. As such, the
establishment and development of an approved conditional use permit must be diligently pursued.
Therefore, the conditional use must be established at the approved location within a time period
specified in the CUP approval by the reviewing authority, which shall not exceed two (2) years.
Establishment of the use shall be deemed to consist of the satisfaction of all relevant CUP
conditions of approval and one of the following three actions: (i) the issuance of a building permit
for new construction (if said permit expires, approval of conditional use permit shall become null and
void); (ii) the issuance of a certificate of use and occupancy for the establishment of a conditional
use in an existing structure; or (iii) the commencement of operation of the conditional use permit in
cases where no construction or existing structure is involved (e.g., resource extraction). If the
preceding requirements are not met within the time period specified in the CUP approval, the
conditional use permit shall be rendered null and void. The Zoning Administrator may extend the
time period for meeting the preceding requirements for establishment of the use up to one
additional year, after holding a public hearing noticed pursuant to Section 9-2.302(f). Additional
conditions may be imposed on a CUP in conjunction with a time extension, provided that such new
conditions may only be imposed following a public hearing to receive testimony on the proposed
additional conditions.
(2) Change of ownership. Conditional use permit approval shall apply only to the property for
which the application was made, and shall apply to that property as long as the use for which
approval was granted is in effect, regardless of changes in ownership.
(3) Duration of a conditional use. The reviewing authority may establish a reasonable time
period for the duration of a conditional use permit on a site, based on substantial evidence that
establishing an expiration date is necessary to protect public health, safety, and welfare and comply
with applicable provisions of the General Plan and Land Use Code. Where no expiration date is
established by the reviewing authority, the conditional use may continue to operate provided that it
is in compliance with all conditions of approval and other applicable Code requirements.
(g) Conditional uses existing on the effective date of this code amendment
Page 30 of 57 EXHIBIT A
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(1) Any use existing on the effective date of this Code or the Official Zoning Map or any
amendment thereto that was permitted subject to an approved conditional use permit, shall be
deemed a pre-existing conditional use. Such use may continue in accordance with this Code,
provided that the use is operated and maintained in compliance with the conditions prescribed at
the time of its establishment, if any.
(2) Any expansion, alteration, or reconstruction of a use or building containing a previously
approved conditional use which has become non -conforming due to adoption of this Code or any
subsequent amendments thereto shall comply with Section 9-3.533 regulating non -conforming
uses, until such use is brought into conformance with the Land Use Code.
(3) Any use existing on the effective date of this Code or the Official Zoning Map or amendments
thereto which would require approval of a conditional use permit to be established in that zone, but
for which such approval has not been obtained, shall be deemed a non -conforming use and
regulated by Section 9-3.533, except that the owner may file an application for a conditional use
permit to legalize the use along with any proposed expansion, alternation, or reconstructions which
comply with the requirements of this Code. Approval of any such CUP application would eliminate
the classification of the property as "non -conforming."
(h) Minor modifications. Revisions or modification of an approved conditional use permit
may be requested by the applicant in accordance with this section. Minor revisions to an
approved CUP which will not increase or change the use or intensity of the use or impact fire
and life safety, may be reviewed administratively pursuant to Section 9-2.303 Administrative
Approvals. Major revisions or modifications to an approved CUP such as a change in
conditions, expansion, intensification, location, hours of operation, or any change which may
have the potential to impact fire and life safety, shall be reviewed by the Planning Commission
pursuant to the same procedure used for a new CUP. Modifications shall be consistent with the
City's General Plan and surrounding community character.
(i) Discontinuance of conditional use. Whenever any use of land, building or premises
established under a conditional use permit is discontinued for a period of one (1) year or more, it
shall be unlawful to reestablish such use unless a new conditional use permit is approved in
accordance with the provisions of this section.
0) Appeals. Decisions on conditional use permit applications may be appealed to the City
Council in accordance with Section 9-2.311 Appeals.
(k) Consistency with approved plans. A conditional use permit approval shall pertain only to
those plans reviewed and approved with the CUP. Further, all plans approved with a CUP shall be
considered an integral part of the CUP approval. The Planning Director shall ensure that any final
working drawings for grading or construction authorized by a CUP approval are consistent with said
previously -reviewed plans prior to release of working drawings for plan check.
(1) Periodic review. The Planning Commission may periodically review any conditional use
permit to ensure that it is being operated in a manner consistent with conditions of approval or in a
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manner that is not detrimental to the public health, safety, or welfare, or materially injurious to
persons or properties in the vicinity. If, after review, the Planning Commission deems that there is
sufficient evidence to warrant a full examination, then a public hearing date shall be set pursuant to
Section 9-2.302(m).
(m) City revocation or modification.
(1) Any conditional use permit granted pursuant to this section, or granted under any prior land
use code of the city, may be revoked upon a finding by the Planning Commission that one or more
of the following conditions exist:
(A) That the use is detrimental to the public health or safety or is a nuisance;
(B) That the permit or approval was obtained through misrepresentation on submittal
documents, plans and/or other information provided to the City;
(C) That the applicant or successors in interest has not complied with one or more of the
conditions of approval of the permit, or approval requirements.
(2) Any such finding by the Planning Commission shall be made after a public hearing of which
the initial applicant (or any successor of record whose address has been furnished) shall be given
10 days of advance written notice by first class mail directed to the applicant's address of record (or
such successor's address so furnished) as per the files of the Planning Department. Said notice
shall contain a notification of the reasons that the revocation is being considered. The finding of the
Planning Commission and the determination pursuant thereto, shall be subject to appeal pursuant
to Section 9-2.311. Action of the Planning Commission, or the City Council on appeal, shall be by
resolution, and shall contain specific findings and actions relative to the revocation.
(3) Notwithstanding the provisions set forth above, the Planning Commission, or the City Council
on appeal, may act to modify the conditions of approval, and/or may grant a period of time within
which the use may be reactivated, or within which time period noncompliance with conditions may
be remedied.
(n) New application following denial or revocation. Following the denial or revocation of a
conditional use permit application, no application for a conditional use permit for the same or
substantially the same use and design, on the same or substantially the same site, shall be filed
within one year from the date of denial or revocation.
(o) If the use for which the conditional use permit was issued has ceased or been suspended for
a period of one year or more, the conditional use permit granted for said use shall expire, and any
proposal to re-establish the same use on the same property will be subject to issuance of a new
conditional use permit pursuant to the standards and requirements in effect as of the date of such
subsequent approval.
Section 9-2.317. Reserved.
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Sec. 9-2.319. Reserved.
Sec 9-2.321.Floodplain land use permit.
(a) Applicability of regulations. The provisions of this section shall apply to all lands situated
within special flood hazard areas as delineated by the Federal Emergency Management Agency's
Flood Insurance Rate Maps (FIRM) for the City of San Juan Capistrano dated. September 15, 1989,
February 5, 1992, and November 3, 1993 and all subsequent revisions thereof, unless otherwise
exempted by Section 9.3-405 Floodplain Management (FM) District of this title.
(b) Administration. The Director of Public Works Services or his or heragent is designated as the
"Floodplain Administrator" and shall be vested with the authority and responsibility to administer and
implement these provisions. The Floodplain Administrator shall be responsible for the following.
(1) Interpretation. Rendering determinations on the location of special flood hazard district
boundaries using the Flood Insurance Rate Maps and additional studies that provide the best
available information on floodplain management;
(2) Land use review. Providing technical assistance and making recommendations to the
Department of Planning Services for the administration of floodplain land use permit applications to
assure compliance with the submission requirements, locational and site development standards,
and land use standards of this title.
(3) Decision making authority. Reviewing and approving grading permits, building permits, and
similar development permits upon finding that such permits are consistent with an approved
floodplain land use permit authorized by this title and the provisions of Title 8, Chapter 11,
Floodplain Management Regulations;
(4) Violations. Determining whether or not any violations of these provisions exist and taking
necessary steps to correct any violations as provided by Section 9-1.201 Violations and Penalties,
of this title.
(c) Floodplain land use permit review process. Applications for floodplain land use permit review
may be filed with the Department of Planning Services. The Director of Public Works Services shall
prescribe the form of application and the supporting information required to initiate both
environmental review (pursuant to Section 9-2.201 Environmental Review Procedures) and the
floodplain land use permit review. Once the Department of Planning Services receives an
application, the application will be reviewed for completeness. If the Department of Planning
Services finds the application to be complete, then the application shall be processed in accordance
to the procedure set forth in this section. If the application is found to be incomplete, the
Department of Planning Services will notify the applicant in writing within thirty (30) days what
additional information is required, and the application will not be processed until that information is
received by the Department of Planning Services.
(d) Application Process.
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(1) A preliminary development review meeting with staff may be held pursuant to Section 9-
2.301(c).
(2) Environmental review of the application will be completed pursuant to the California
Environmental Quality Act and the City's CEQA Guidelines.
(3) The application may be forwarded to City committees and commissions for review if
determined appropriate by the Planning Director or Floodplain Administrator.
(4) The application may be filed and reviewed concurrently with other applications on the same
property.
(5) The Planning Commission shall review any application for a Floodplain Land Use Permit at a
noticed public hearing, pursuant to Section 9-2.302(f), and shall forward a recommendation to the
City Council for final action.
(6) The City Council shall consider the application at a noticed public hearing pursuant to Section
9-2.302(f), and shall take final action to approve, conditionally approve, or deny the application,
based on the required findings.
(e) Findings for Approval. In order to approve a Floodplain Permit application, the City Council
shall make the following findings:
(1) The application complies with all of the location and land use standards for uses or structures
as set forth in Section 9-3.405 of this code.
(2) Approval of the application will not result in a discernible net increase in water surface
elevation, will not create or exacerbate erosive velocities within special flood hazard areas, and will
not contribute to flooding of other properties not previously inundated by the 100 -year storm event.
(3) Development and use of the property as proposed are consistent with General Plan policies
regarding flood control, public safety, aesthetics, and resource protection.
(4) The proposed use and development of the property are consistent with all other applicable
requirements of the Municipal Code and of the Federal Emergency Management Agency, California
Fish and Game Department, United States Army Corps of Engineers, and Regional Water Quality
Control Board requirements in effect at the time the application was deemed complete.
(f) Time period for approval. An application for floodplain land use permit approved pursuant to
this section shall expire one (1) year after approval, except that if the application has been approved
concurrently with other discretionary applications on the same site for the same development
project, then the approval period for all applications shall be the same for both initial approval and
any extensions of time thereof. A one (1) year extension of time may be granted by the Zoning
Administrator for a floodplain land use application filed with no other applications, after conducting a
noticed public hearing pursuant to Section 9-2.303(f), provided that no substantial changes have
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been made to the approved plan and that all the original findings and conditions of approval are
determined by the Zoning Administrator to remain valid.
Sec. 9-2.323. Grading plan review and modification.
(a) Preliminary grading plan review. Preliminary grading plans for development applications
regulated by this chapter, when required, shall be reviewed concurrently with the consideration of
the overall project and shall become part of any such project approval.
(b) Final grading plan review. Applications for grading plan review shall be reviewed by the
Planning Director to ensure consistency of the grading plan with the discretionary land use
approval, including but not limited to the approved site plan, preliminary grading plan, landscaping
plan, environmental mitigation measures, and conditions of approval.
(c) Exemptions. Exemptions for grading permits shall be as defined by Chapter 8-2 of Title 8 of
this Code. In addition to the preceding exemptions, no grading permit shall be required for
emergency work necessary for the maintenance of public health or safety carried out by or for a
public agency.
(d) Grading plan check. Grading plan check and permit issuance shall be carried out in
accordance with this Title 9 and other applicable regulations adopted by the City. No grading shall
occur on any property in the City prior to issuance of a grading permit unless specifically exempted
in subsection (c) of this section, or by Chapter 8-2.
(e) Bonding requirements. The bonding requirements for grading permits are described, in
Section 9-5.101 Fees, Deposits, and Bonds of this title.
(f) Grading modifications to previously approved grading plans or to existing graded lots.
Applications for grading modification of a previously -graded lot or for a modified grading plan shall
be subject to the review and approval of the Planning Director for minor changes, and subject to
review and approval by the Planning Commission at a noticed public hearing pursuant to Section 9-
2.302(f) for major changes. For purposes of this section, a major grading change consists of a
change in the ground elevation for primary structures of two (2) feet or greater from what was
previously approved, or changes to graded slopes on the lot which, as determined by the Planning
Director, have the potential to significantly alter views of the property from other properties, public
access or trail easements, or rights-of-way. Grading modifications may be subject to environmental
review pursuant to the California Environmental Quality Act if a potential exists for any
environmental impacts resulting from the proposed modifications. Prior to approving any
modifications for a previously -approved grading plan or for an existing graded lot, the reviewing
authority shall determine that such grading modifications comply with the following design
standards:
(1) The proposed grading modifications are consistent with the General Plan, Land Use Code,
Design Guidelines, and applicable specific plan or comprehensive development, including but not
limited to requirements for ridgeline protection, natural landform grading, minimizing use and height
of retaining walls, and effective use of landscaping for erosion control and aesthetics;
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(2) The proposed grading modifications are generally consistent with the approved site plan,
preliminary grading plan, landscape plan, grading standards, and design concepts of the original
project as approved by the reviewing authority ;
(3) The proposed grading will remain consistent and compatible with immediately -adjacent lots or
units, including but not limited to blending of slopes with adjacent property boundaries, rounding of
slopes at both top and bottom to blend the grading into the existing terrain, and a design which
harmonizes the design with the natural contours of the property and surrounding lots.
(4) The proposed modified grading plan shows the location of any proposed building footprints
which shall meet all required minimum setbacks for building as defined in the applicable Zone
District, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313
Graded Slopes of this title.
(5) The proposed modified grading will not cause adverse impacts to other properties, including
but not limited to potential impacts on hydrology, water quality, views, trail easements, or other
aspects of development.
(g) Time period for grading plan modification approval. An application for a grading plan
modification approved pursuant to subsection (f) of this section shall expire one (1) year after
approval of the application by the reviewing authority, except that if a grading plan modification has
been approved concurrently with other discretionary applications on the same site for the same
development project, the approval period for all applications shall be the same for both initial
approval and any extensions of time thereof. One (1) time extension for a grading plan modification
filed without other concurrent discretionary applications may be granted, not to exceed twelve (12)
additional months from the original expiration date. A time extension may be approved by the
Zoning Administrator for a grading plan modification that was originally approved by the Planning
Commission, subject to the same notification procedures, findings, and conditions used for the
original application. A time extension for a grading plan modification originally approved by the
Planning Director may be granted by the Planning Director subject to the same and findings use for
the original application
Sec. 9-2.325. Growth management. (Note: No revisions proposed at this time)
Sec. 9-2.327. Historical and cultural landmark site plan review.
(a) Purpose and intent. This section provides for the protection, enhancement, perpetuation, and
use of those areas, structures and objects within the City which, due to their historical or cultural
significance or character, require special consideration in order to meet the goals and policies of the
General Plan with regard to preservation of cultural resources. The purpose of this section is to:
(1) Protect, enhance, and perpetuate structures, sites, objects, and districts that represent or
reflect elements of the City's cultural, social, economic, political, and architectural history;
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(2) Safeguard the City's historic and cultural heritage as embodied and reflected in such
landmarks and historic districts;
(3) Encourage public knowledge, understanding and appreciation of the city's past;
(4) Protect and enhance the City's attractions to residents, tourists, and visitors; and
(5) Promote the use of historic districts and landmarks for the education, pleasure, and welfare of
the people of the City.
(b) General requirements and procedures.
(1) It shall be unlawful for any person to demolish, remove, relocate, renovate, modify, or
otherwise alter any structure, site, or object, including trees and other vegetation, listed individually
or as part of a district in the Inventory of Historical and Cultural Landmarks (IHCL), as adopted and
amended from time to time by City Council resolution, without obtaining prior City approval for such
action pursuant to this section. For purposes of this section, "landmark" shall mean any location or
object listed on the IHCL.
(2) Minor alterations to landmarks. Any action pertaining to a landmark that qualifies for
Administrative Approval pursuant to Section 9-2.303(a)(17) may be approved administratively
pursuant to the procedures set forth in that section, provided that such approval shall be based on
finding that the proposed action is consistent with the Secretary of the Interior's Standards for
Treatment of Historic Properties, in addition to other required findings.
(3) Major modifications, alterations, or other actions pertaining to landmarks that do not qualify
for administrative approval shall require approval of a historical and cultural landmark site plan
review pursuant to this section.
(4) Applications for historical and cultural landmark site plan review shall be filed with the
Department of Planning Services along with the required fee or deposit as established by City
Council resolution. The Planning Director shall prescribe the form of application and the supporting
information required to initiate the site plan application review.). Once an application is received by
the Department of Planning Services, the application will be reviewed for completeness and
processed pursuant to the timelines established in Section 9-2.301.
(5) A preliminary development review meeting between city staff and the applicant may be
conducted prior to filing of the formal application, pursuant to Section 9-2,301(c).
(6) An application for site plan review may be submitted and reviewed concurrently with other
applications required for proposed development on the site.
(7) The Planning Director may forward the site plan review application to various city boards and
commissions for review of technical aspects of the project prior to scheduling the project for a public
hearing.
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(8) The reviewing authority for a site plan review application shall be the Cultural Heritage
Commission, at a public hearing with notice given pursuant to Section 9-2.302(f). Decisions of the
Cultural Heritage Commission may be appealed to the Planning Commission and ultimately to the
City Council pursuant to Section 9-2.311, Appeals.
(c) Findings for approval of site plan review. . In order to approve a cultural and historical
landmark site plan review application, the reviewing authority shall make all of the following findings:
(1) The project complies with the maps and policies of the General Plan.
(2) The project complies with applicable provisions of the Land Use Code and with any
applicable specific plan or comprehensive development plan.
(3) All aspects of the proposed site design, including building orientation and placement,
massing, access, parking, colors, materials, paving, lighting, signage, and landscaping, are
compatible with the historic nature of the site, surrounding district and/or historic period represented
by the landmark.
(4) The project has been designed in conformance with the Secretary of the Interior's Standards
for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring,
and Reconstructing Historic Buildings (1995, Weeks and Grimmer).
(d) Time period for approval. If construction or use of property authorized by an approved site
plan review has not been commenced within one (1) year of approval, then the variance or minor
exception shall be rendered null and void, except that if the site plan review has been approved in
conjunction with another discretionary approval such as an architectural control or conditional use
permit, then the time period for approval of the site plan review shall be the same as for the other
application(s), including any time extension thereof. A one (1) year extension of time may be
granted by the Zoning Administrator for a site plan review application filed with no other
applications, provided that no substantial changes have been made to the approved plan and that
all the original findings and conditions of approval are determined by the Zoning Administrator to
remain valid.
(e) Maintenance of landmarks. All owners, renters, lessees, users, and other persons
responsible for the use of a property containing a structure or site on the IHCL, listed individually or
within a district, shall maintain in good repair all exterior portions of such structure or site and all
interior portions thereof which, if not so maintained, may cause or tend to cause the exterior
portions of such improvement to fall into a state of disrepair.
(f) Enforcement and penalties. Failure to comply with the provisions of this section shall
constitute sufficient grounds for revocation of any occupancy certificate, grading permit, or building
permit and temporary suspension of any operation otherwise being carried out in compliance with
such permits. Violation of this section and City permit requirements is a misdemeanor and is
punishable as such. In addition, the City may seek injunctive relief and/or pursue other land use
enforcement actions to stop or correct violations of this section.
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Sec. 9-2.331. Mobilehome park conversions, closures, and cessation of use. (No changes
proposed)
Sec. 9-2.333. Reserved. (Note. Prezoning procedure moved to Section 9-2.315(1).
Sec. 9-2.335. Reserved. (Note.; Public Hearing Procedures moved to Section 9-2.302(o.)
Sec. 9-2.337. Public improvement plans and outside agency development review.
(a) Projects proposed within the City limits by other agencies. To the extent that projects
proposed within the City's jurisdiction by other governmental agencies, or quasi -public agencies
such as utility providers, are subject to the requirements of local agency review and approval, the
City shall process all such proposals in accordance with the applicable provisions of this code. For
agencies that are exempt from local land use approval, the City may review such proposals and
submit comments for consideration to the applicable agencies, as deemed appropriate.
(b) Consistency review of Capital Improvement Program. The Planning Commission shall
annually review the City's Capital Improvement Program (CIP) for consistency with the General
Plan, in accordance with California Government Code Section 65401, and shall forward its findings
to the City Council prior to adoption of the CIP.
(c) Capital improvement projects proposed by the City shall be reviewed for conformance with
applicable code requirements in accordance with this section, based on the nature and intensity of
the proposed improvement project.
(d) Major capital improvement projects.
(1) For purposes of this section, a major capital improvement project shall mean a project that is
determined by the Planning Director, in consultation with other affected department heads, to
require review by one or more committees and/or commissions and the Planning Commission prior
to approval by the City Council of design and/or construction documents, based on the project's
potential to have environmental, aesthetic, and/or land use effects on the community.
(2) Typical examples of major capital improvement projects include but are not limited to the
following:
(A) New or substantial alterations to parks, public buildings, community facilities, reservoirs, or
bridges;
(B) New or substantial alterations to drainage structures which involve significant changes to
grades, hillsides, habitats, or views;
(C) Street improvements which involve substantial expansion of right-of-way, removal of existing
significant vegetation and/or facilities, and/or major changes to community character;
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(D) Substantial changes to structures or streetscapes in the historic downtown area or to any
structure listed in the Inventory of Historical and Cultural Landmarks or Buildings of Distinction list,
as adopted by the City Council and amended from time to time;
(E) Design programs for city-wide features which are visible to the general public and contribute
to community character, such as bus benches and shelters; trash enclosures; way -finding,
entryway, or other community -wide signage; trailhead improvements; and similar features.
(3) Review procedure for major capital improvement projects.
(A) Environmental review shall be conducted pursuant to CEQA and the City's CEQA
Guidelines.
(B) The Planning Director may forward major capital improvement projects to city boards,
committees and commissions for technical and design review and input, prior to scheduling such
projects for review by the Planning Commission and City Council.
(C) The Planning Commission shall conduct a public meeting on a proposed major capital
improvement project with notice given pursuant to Section 9-302(g); shall review project plans for
conformity with the General Plan, consistency with the Land Use Code, surrounding community
and Design Guidelines, and other applicable city requirements; and shall forward a
recommendation to the City Council.
(D) The City Council shall conduct a public meeting on the proposed major capital improvement
project with notice given pursuant to Section 9-2.302(g), and shall take action to approve,
conditionally approve, modify, defer, or deny the project.
(e) Minor capital improvement projects.
(1) For purposes of this section, a minor capital improvement project shall mean a project that
may be reviewed and approved administratively, based on a determination by the Planning Director,
in consultation with other affected department heads, that the project has been designed and
conditioned so as to result in minimal effects on the environment or community, including the visual
or aesthetic environment.
(2) Typical examples of minor capital improvement projects include, but are not limited to the
following: alterations to existing facilities resulting in exterior design changes; roadway or trail
improvements or extensions within existing rights-of-way with minor changes to landscaping,
lighting, fencing, walls, or other design features; replacement or renovation of damaged facilities or
structures resulting in exterior design changes; small additions to existing structures resulting in
exterior design changes; individual signs; and construction or demolition of small structures
resulting in site or building design changes.
(3) Review process for minor capital improvement projects.
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(A) The Planning Director or designee may approve a minor capital improvement project for
consistency with the General Plan, this code, and other applicable land use and design
requirements.
(B) Environmental review shall be conducted pursuant to CEQA and the City's CEQA Guidelines,
if required.
(C) Prior to rendering a decision, the Planning Director may forward a minor capital improvement
project to the Design Review Committee for review and recommendations regarding any changes to
structures, lighting, landscaping, or other design issues; to the Park Recreation and Trail
Commission for review and recommendations regarding any changes to parks or trails; and/or to
the Cultural Heritage Commission for review and recommendations regarding any changes to
historic districts or buildings.
(D) If deemed appropriate by the Planning Director, public notice of the action may be given
pursuant to Section 9-2.302(h).
(f) Exempt capital improvement projects. For purposes of this section, capital improvement projects
may be deemed to be exempt from review pursuant to the land use code if they will have no impact
to land use, the environment, or the visual appearance of the community. Examples of exempt
capital improvement projects include but are not limited to the following: feasibility and planning
studies; emergency projects; street and trail improvements within existing rights-of-way with no
aesthetic design impacts; pipeline installation, repair and maintenance; minor alterations to utilities;
alterations and repairs to parking lots; small habitat restoration projects as defined in Section 15333
of the CEQA Guidelines; and similar projects as determined by the Planning Director in consultation
with other affected department heads.
(g) The City Engineer, in consultation with the Planning Director, shall ensure that final plans and
specifications for any capital improvement project are in conformance with applicable design
requirements of this code and any conditions of approval, prior to construction.
(h) Time period for approval. Once approved by the reviewing authority, capital improvement
project approval shall remain effective until such time as the project is constructed or the City
Council takes action to modify or delete the project from the Capital Improvement Program.
Sec. 9-2.339. Reserved. (Moved Public Meeting Procedures to Section 9-2.302(g).)
Sec. 9-2.341. Reserved. (Section deleted, mining requires a CUP as referenced in land use
tables.)
Sec. 9-2.343. Sign permits and sign programs.
(a) Introduction. The purpose and intent of sign regulations in the City are set forth in Section 9-
3.543 Signs. This section establishes procedures for review of applications for sign permits and
sign programs.
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(1) A sign permit shall be required for all signs not specifically exempt in Section 9-3.543(f),
Signs not requiring a permit, prior to the placing, erecting, moving, reconstructing, altering, or
displaying of any sign, including painted wall signs, within the City.
(2) A sign program may be required in order to create a compatible design theme for all signs
within a development project, shopping center, or business complex. The intent of a sign program
is to create a visually pleasing method of providing compatible and complementary signs throughout
the project site; to inform users and tenants of desired sign characteristics; to minimize visual
clutter; and to unify the appearance of the development site so as to create a distinctive sense of
place. Sign programs shall be compatible with surrounding areas and consistent with the City's
adopted Architectural Design Guidelines.
(b) Review procedure for sign permits.
(1) Reviewing authority. Unless otherwise required in Table 3-42 of Section 903.543 (Signs), the
Planning Director or designee is the reviewing authority for sign permit applications, including
applications to construct or erect a new sign, or to enlarge or upgrade an existing sign; provided
that in cases where the Planning Director determines that the design or location of a proposed sign
warrants review by the Planning Commission, the Planning Director may refer such sign application
to the Design Review Committee and/or Planning Commission for review and action.
(2) Review of sign permit application. Applications for a sign permit may be filed with the
Department of Planning Services along with a fee as established by City Council resolution. The
Planning Director shall prescribe the form of application and the supporting information required to
initiate the sign permit application review. Once an application is received by the Department of
Planning Services, the application will be reviewed for completeness and processed in accordance
with the timelines established in Section 9-2.301.
(3) Findings required for approval. In approving a sign permit application, the Department of
Planning Services shall make the following findings:
(A) The proposed sign(s) is consistent with the design criteria of Section 9-3.543 Signs, the
Community Design Element, and the Design Guidelines.
(B) The proposed sign conforms to all numerical size, height, and other requirements of Section
9-3.543 Signs and to any approved sign program adopted for the development project in which the
sign is to be located.
(C) The sign will not be detrimental to the public health, safety, or welfare; will not have adverse
impacts on adjacent properties or rights-of-way; or obstruct the view of other legal signs, be
compatible with surrounding areas and be consistent with the City's adopted Architectural Design
Guidelines.
(D) In order to achieve maximum limits of sign area, there must be a finding that the sign is
appropriate within the context of the project and compatible with the surrounding area. Numerical
requirements are only guidelines and not guarantee.
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(4) Denial of a sign permit. In the event that the Planning Director or designee denies a sign
permit application, a written statement shall be provided to the applicant stating the reasons for the
denial.
(5) Appeals. Any determination on a sign permit may be appealed in accordance with Section 9-
2.311, Appeals.
(6) Other applicable permits. No sign shall be erected until required building and other permits
are issued in accordance with Title 8 and Section 9-3.543 Signs of the Municipal Code. Signs shall
be consistent with the City's General Plan and compatible with the surrounding community
character.
(7) Time period for approval. Sign permits shall be valid for a period of six (6) months from the
date of approval. No extensions of time may be granted for sign permits. Upon expiration of a sign
permit, submittal of a new sign permit application shall be required.
(c) Review procedure for sign programs.
(1) Reviewing authority. The Planning Commission shall review all applications for sign
programs at a public meeting with notice provided pursuant to Section 9-2/302(g).
(2) Contents of sign program. A sign program shall include but not be limited to the following
information:
(A) A coordinated design theme, incorporating complimentary design elements for various types
of signs to be used in the project area, including wall signs, free-standing signs, canopy and awning
signs, directional and informational signs, and others as appropriate, which is complementary to the
architecture, scale, materials and colors of the buildings;
(B) The desired use, design, location, and size of any proposed temporary signs, including
window signs and special event signs, if any;
(C) The desired size, area, and location of signs to be located throughout the project site;
(D) The method by which signs will be attached to buildings and structures;
(E) Methods and levels of illumination;
(F) Information on proposed colors, materials, lettering styles, and other design standards as
determined by the Planning Director to be necessary to complete review of the sign program, or as
proposed by the application.
(3) In approving a sign permit and/or sign program, the Planning Commission shall make the
following findings:
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(A) The sign program is consistent with the General Plan and Design Guidelines, and is
complementary to the architecture and design of the development project;
(B) The sign program conforms to all applicable requirements of this Code and any applicable
specific plan or comprehensive development plan.
(C) The sign program is generally compatible with the design character of adjacent properties
and/or rights-of-way.
(4) Appeals. Any decision made by the Planning Commission on a sign program may be
appealed to the City Council pursuant to the procedures in Section 9-2.311, Appeals.
(5) Time period for approval. The Planning Commission may approve a sign program for an
initial period of time not to exceed 10 years, or may approve a lesser time period at its discretion.
Requests for time extensions shall be submitted to the Planning Commission for review and
approval, provided that the cumulative period of any such extension(s) shall not exceed a period of
10 years from the initial approval date of the sign program. The applicant or successor in interest
may initiate amendments to the approved sign program, which shall require Planning Commission
review and approval. Copies of approved sign programs shall be maintained on file by the
Department of Planning Services and used as a basis for review of subsequent sign permits, where
applicable.
Sec. 9-2.343 Reserved. (Moved to Chapter 9-4, Subdivisions)
Sec. 9-2.345. Reserved
Sec. 9-2.347. Temporary use permits.
(a) Introduction. Certain temporary uses of land and structures are permitted within the City as
specified in Section 9-3.553 Temporary Uses and Structures and as permitted through issuance of
a temporary use permit in accordance with this section. The purpose of regulating land use
activities of a temporary nature is to protect the public health, safety, and welfare; to ensure that
temporary uses will be compatible with surrounding land uses; to protect rights of adjacent residents
and property owners; to minimize adverse effects on surrounding properties and the environment;
and to ensure that a temporary use is removed in a timely manner and that the site is restored to its
original condition.
(b) Uses allowed by temporary use permit. Any use identified in Section 9-3.553, Temporary
Uses and Structures, may be permitted by approval of a temporary use permit. Other temporary
uses which are determined by the Planning Director to be similar in nature and intensity to the uses
listed in Section 9-3.553 may be permitted by approval of a temporary use permit, provided,
however, that this process is not intended to allow establishment of a new use on property which
would otherwise require discretionary land use approval. Establishment of a use in temporary or
modular buildings does not constitute a temporary use, except as provided in Section 9-3.553.
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(c) Application for temporary use permit. Application forms and required application information
for the establishment of temporary uses shall be as prescribed by the Planning Director.
Applications shall be submitted to the Department of Planning Services along with the required fee
as established by City Council resolution. Once an application is received by the Department of
Planning Services, the application will be reviewed pursuant to the timelines in Section 9-2.301.
The Planning Director may require additional information where deemed necessary to complete the
city's review of the application.
(d) Environmental review. The Environmental Administrator shall review applications for
temporary use permits pursuant to the Environmental Quality Act.
(e) Reviewing authority. The Planning Director shall have the authority to approve, approve with
conditions, or deny application for the establishment of temporary uses subject to findings. Incases
where the Planning Director determines that the temporary use may have impacts on surrounding
properties or the general public, the Planning Director may refer the application to the Planning
Commission for review and final action.
(f) Notice requirements. Prior to rendering a decision the Planning Director shall provide written
notice to contiguous property owners, and may expand noticing to property owners in the area, of
the requested temporary use, pursuant to Section 9-2.302(h). In the event the Planning Director
refers the application to the Planning Commission, notice of a public meeting shall be given
pursuant to Section 9-2.302(g).
(g) Appeals. Any decision regarding a temporary use permit may be appealed in accordance
with Section 9-2.311 Appeals.
(h) Time period for approval. A temporary use permit may be approved for an initial time period
of one (1) year. One extension of time not to exceed an additional 12 months time may be granted
by the Planning Director for a temporary use permit, provided that no substantial changes have
been made to the approved plan and that all the original findings and conditions of approval are
determined by the Planning Director to remain valid.
(i) Conditions of approval. The reviewing authority may establish conditions and limitations on a
temporary use, including but not limited to hours of operation, provision of parking, signs, lighting,
traffic control, site improvements, noise control, sanitary facilities, waste management, fire
protection, provision of utilities, and other measures necessary to minimize potential effects on
properties in the vicinity. The city may require a cash deposit or other security and/or
indemnification as approved by the City Attorney to defray the costs of cleanup of a site by the city,
in the event the applicant fails to leave the property in a presentable and satisfactory conditions, or
to guarantee removal and/or conversion of any temporary use to a permanent use allowed in the
zone district.
0) Findings. In order to approve or conditionally approve a temporary use permit application or
any extension of time thereof, the reviewing authority must find that it meets the following criteria:
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(1) The temporary use is consistent with the General Plan, the zoning district, and any applicable
specific plan or comprehensive development plan.
(2) Appropriate measures have been taken and conditions of approval have been added to
protect the public health, safety, and welfare and to minimize detrimental effects on other
properties.
(3) The temporary use will have adequate parking, access, and provisions for pedestrian safety.
(4) All temporary buildings and equipment meet applicable code requirements.
(5) Adequate provision has been made to ensure removal of the temporary use at the termination
of the approval period, and restoration of the site to its prior condition or better.
(k) Termination of temporary uses. Unless otherwise specified by an approved temporary use
permit, all sites for temporary uses shall be cleaned of trash, debris, and any temporary structures
within five (5) days after termination of the use.
Sec. 9.2.349. Tree removal permit.
(a) Purpose and intent. The purpose and intent of this section is to establish procedures
necessary to achieve all of the following objectives:
(1) That the City continue to realize the benefits provided by its urban forest, including shade and
microclimate control, soil stabilization and protection, watershed protection, maintenance of healthy
air quality, preservation of scenic views, aesthetics and community character, maintenance of
habitat for birds and other wildlife, and protection and enhancement of property values among other
such benefits;
(2) That suitable trees are maintained throughout the City, in a healthy and non -hazardous
condition;
(3) That heritage trees are identified and preserved;
(4) That the use of native, drought resistant and California -friendly trees on public land private
property is encouraged;
(5) That a functional and manageable process for permitting tree removal is provided for
properties where such removal is necessary or will not adversely impact adjacent properties or
community character; and
(6) That new tree planting is required or encouraged where appropriate on public and private
property, in order to create and maintain a healthy urban forest of native and California -friendly
trees, consistent with the natural environment and rural character of San Juan Capistrano.
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(b) Exemptions. The requirement for a tree removal permit does not apply to the following
circumstances:
(1) Threat to public health, safety, or property. In the event of a situation wherein a tree is
causing a threat to human life, safety, or property, the Planning Director or designee may authorize
the removal of such tree without issuance of a tree removal permit. In cases of immediate hazard,
such removal may be authorized by other agents of the City, including directors of the City
departments of Planning, Engineering and Building, or Public Works. In cases where the Orange
County Fire Authority has determined that a tree is dead and is a threat or hazard, the Planning
Director or designee may authorize the removal of such tree without issuance of a tree removal
permit. This exemption also includes tree removal by a utility company within a utility easement in
cases where a Qualified Tree Expert has determined, in writing, that such tree(s) are a hazard to
utility lines or facilities. For purposes of this section, a Qualified Tree Expert shall mean a California
Registered Professional Forester or an arborist certified by the Western Chapter of the International
Society of Arboriculture (ISA), the California Arborist Association (CAA), or other nationally
recognized tree research, car and preservation organization approved by the Director.
(2) Orchards. Removal of trees which are growing on property in use as a nursery, garden
center, tree farm, or orchard, where such trees, or their produce, are being grown for the purposes
of sale, does not require issuance of a tree removal permit.
(3) Dead, diseased, structurally unsound, or unstable trees. In the event that a tree is
determined by a Qualified Tree Expert to be unviable because it is dead or dying, diseased,
infested, structurally unsound, unstable, overcrowded, or exhibits other characteristics which, in the
opinion of the Qualified Tree Expert cause a need for tree removal, the Planning Director or
designee may authorize the removal of such tree without issuance of a tree removal permit.
(4) Single family residential lot. Except for heritage trees and trees located within front yard
setbacks or any setback adjacent to a right-of-way or trail easement, trees that are located within
the yard areas of a single family residential lot may be removed without issuance of a tree removal
permit.
(5) Trees with trunk diameter less than six -inches (6") measured three -feet (3') above grade.
(6) Trees that are invasive and/or inappropriate for the area as determined by the Planning
Director provided such trees are replaced with native trees.
(c) Applicability. A tree removal permit shall be required as follows:
(1) New development projects. Tree removals associated with a development project that is
subject to other discretionary land use approvals, such as an Architectural Control or subdivision,
may be permitted in conjunction with the other discretionary approvals bythe reviewing authority for
those approvals, subject to the reviewing authority making the required findings in Section 9-
2.349(e) and adding conditions of approval for replacement trees and landscaping in accordance
with the intent of this section and as deemed appropriate by the reviewing authority.
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(2) Utility easements. Tree removal proposed by utility companies for trees within utility
easements shall require issuance of a tree removal permit, except in cases where a Qualified Tree
Expert has determined, in writing, that such tree(s) are a hazard to utility lines orfacilities. Nothing
in this section shall be construed to prevent utility companies from trimming trees, or otherwise
maintaining the landscape within an easement for the purpose of preventing damage to utility lines
or facilities.
(3) Common landscaped areas. Tree removal within common landscaped areas of residential
projects for the purpose of landscape maintenance, such as by a Homeowner's Association or
other entity having responsibility for property maintenance, shall require issuance of a tree removal
permit.
(4) Nonresidential projects. Tree removal on nonresidential projects for the purpose of
landscape maintenance, including commercial centers and business parks, shall require issuance
of a tree removal permit.
(5) City facilities and right-of-way. Tree removal by the City in the public right of way, parkways,
parks, or other city facilities shall conform to the applicable provisions of this section regarding
replanting requirements, acceptable species, and review by a Qualified Tree Expert where required
by the Planning Director to determine the viability of trees proposed for removal. Any proposal by
the City to remove a heritage tree shall require Planning Commission approval pursuant to Section
9-2.349(f).
(6) Individual residential lots. Tree removal on individual residential lots for any tree within the
front or street side yard setback, or any required setback adjacent to a public or private right-of-way
or trail easement, shall require issuance of a tree removal permit.
(7) Removal of any heritage tree, or any construction, grading, trenching, or other disturbance
within the critical root zone of a heritage tree, shall require a tree removal permit in addition to
compliance with the requirements of Section 9-2.349(f).
(d) Tree removal permit procedures.
(1) Application filing.
(A) An applications for tree removal shall be filed with the Department of Planning Services,
along with the required fee as established by resolution of the City Council, The Planning Director
shall prescribe the form of application and the supporting information required to initiate the tree
removal application review. Once an application is received by the Department of Planning
Services, the application will be reviewed for completeness. If the application is found to be
incomplete, the Department of Planning Services will notify the applicant in writing within thirty (30)
days what additional information is required, and the application will not be processed until that
information is received by the Department of Planning Services. A report prepared by a Qualified
Tree Expert may be required to complete submittal of the application; such report shall include a
description of the size, type, health, and condition of the tree(s) proposed for removal, along with
any recommendations for enhancing or maintaining trees on the site.
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(B) Site inspection may be conducted by the Planning Department to determine existing
conditions of trees, structures utilities, other landscaping, and other relevant site conditions affecting
the trees proposed for removal and any proposed replacement trees.
(2) The Planning Director may require notice of intended tree removal to Homeowner's
Associations and affected property owners located adjacent to the subject property, pursuant to
Section 9-2.302(h).
(3) The Planning Director may refer any tree removal permit application to the Design Review
Committee for review of the proposed tree removal, proposed replacement tree(s), and associated
landscaping.
(4) Except for heritage tree removal permits, the Planning Director or designee may approve a
tree removal permit administratively, and may add conditions of approval to ensure conformance
with applicable provisions of this Code. Alternatively, the Planning Director may refer a tree
removal permit to the Planning Commission based on a determination that the proposed tree
removal may affect other property owners or the general public due to the size, number, type, or
location of trees proposed to be removed. The Planning Commission shall review any request to
remove a heritage tree.
(5) Time period for approval. After approval, a tree removal permit shall be valid for six (6)
months from the date of approval, except as otherwise specified by the reviewing authority in the
tree removal permit. Within this time period, all conditions shall be completed, tree(s) removed, and
replacement tree(s) planted.
(6) The City may conduct a re -inspection or may request written or photographic verification that
conditions of approval for the tree removal 'permit have been complied with, and that any required
tree replanting has occurred.
(e) Findings for approval of a tree removal permit. The reviewing authority may approve the
removal of trees as part of a discretionary project review or tree removal permit application, based
on an affirmative finding that one or more of the following criteria are met as substantiated by
evidence in the record.
(1) The tree proposed for removal is unsuitable to the planting area in that the area is too small to
accommodate the height, diameter of trunk or canopy, or root zone of the tree, or excessive trees
exist on the site requiring thinning to maintain tree health;
(2) The tree is an unsuitable variety for the site in that the species is not a native variety, is not in
keeping with the community character of San Juan Capistrano, is of an invasive species, or
otherwise conflicts with the intent of this ordinance;
(3) Removal of the tree will not have an adverse impact on adjacent properties or the general
welfare in that its removal will not adversely impact views, public streetscapes, or other aesthetic
considerations;
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(4) Where appropriate, replacement trees have been proposed to maintain the urban forest
canopy and the replacement trees are more appropriate to the site and to the planting area.
(f) Heritage tree provisions.
(1) For the purposes of this section, a tree shall be deemed a heritage tree and shall be
protected from removal when such tree has a trunk diameter at breast height (dbh) of 36 (thirty-six)
inches or greater, and is a specimen of the following species: Schinus molle (California pepper);
Quercus spp. (oak); Cedar spp. (cedar); Eucalyptus globulus (blue gum eucalyptus); Juglans spp.
(walnut); Olea europaea (olive); Platanus spp. (sycamore); Populus spp. (cottonwood); or as
otherwise designated by the Planning Commission based on the tree's unique and intrinsic value to
the community because of its size, age, historic association or ecological value.
(2) A heritage trees shall not be removed without Planning Commission review and approval of a
heritage tree removal permit, based on an affirmative finding that one or more of the following
criteria are met as substantiated by evidence in the record:
(A) The heritage tree proposed for removal is unsuitable for the planting area in that the area is
too small to accommodate the height, diameter of trunk or canopy, or root zone of the heritage tree,
or excessive trees exist on the site requiring thinning to maintain tree health;
(B) The tree has been determined by a Qualified Tree Expert to be unviable because it is dead or
dying, diseased, infested, structurally unsound, unstable, overcrowded, or exhibits other
characteristics which, in the opinion of the Qualified Tree Expert, cause a need for tree removal.
(3) In approving a heritage tree removal permit, the Planning Commission may add conditions of
approval to ensure conformance with applicable provisions of this Code.
(4) Any proposal for construction, utility installation, paving, street improvements, or any other
ground -disturbing activity within the drip line or critical root zone of a heritage tree shall require
Administrative Approval by the Planning Director pursuant to Section 9-2.303(4) prior to issuance of
permits, to ensure that such work will not adversely impact the health of the heritage tree. The
Planning Director may require a report prepared by a Qualified Tree Expert to document that such
work will not adversely impact the tree. The Planning Director may forward the application to the
Planning Commission for review.
(g) Appeals. Any decision regarding a tree removal permit may be appealed in accordance with
the provisions of Section 9-2.311 Appeals.
(h) Recommended tree selection guide. The use of California Native/Friendly and Drought
Tolerant trees shall be encouraged within the City. The Planning Department shall maintain
information on recommended trees for dissemination to and use by the public in implementing this
Section.
(i) Violations and penalties.
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(1) Any person, property owner, firm or corporation, including a contractor of the property owner,
who violates any provision of this section, shall be guilty of a misdemeanor. The City Attorney shall
have the authority to prosecute any violation of this section as an infraction, in the interests of
justice. Each unauthorized removal of a tree shall constitute a separate offense and shall be
subject to the following penalties.
(A) Any person convicted of a misdemeanor shall be punished by a fine of not more than One
Thousand Dollars ($1,000.00), or by imprisonment in the Countyjail for a period not exceeding six
(6) months, or by both such fine and imprisonment.
(B) Any person convicted of an infraction shall be punished by:
(i) A fine of One Hundred Dollars ($100.00) for a first violation;
(ii) A fine of Two Hundred Dollars ($200.00) for a second violation of the same provision within
one (1) year from the date of the action constituting the previous violation; and
(iii) A fine of Five Hundred Dollars ($500.00) for each additional violation of the same provision
within one (1) year from the date of the action constituting the previous violation.
(2) In addition to the criminal remedies provided in subsection (1) of this section, the following
remedies may be imposed:
(A) Upon conviction of a violation of this section, all land use applications, building permits,
occupancy, and/or development permits for the subject property upon which a violation of this
section took place may be suspended until a tree replacement and/or repair program, specified by
the Planning Director, is completed to the Director's satisfaction. The director may require the
violator to retain and pay the costs of a Qualified Tree Expert to develop and implement this
program.
(B) The City Attorney may file a civil action for damage or destruction to any tree, fortree removal
prior to approval of a development project or a tree removal permit, and for those trees removed in
violation of approved plans. A dollar value for tree damage or loss shall be assessed by using a
Basic Value Method or Replacement cost Method as devised by the Council of Tree and Landscape
Appraisers (CTLA).
(C) Any property owner, firm or corporation, including a contractor of the property owner, who
violates any provision of this section, shall be liable fora civil penalty not to exceed One Thousand
Dollars ($1000.00) for each violation in accordance with Government Code Section 36901. The
City Attorney may file a civil action seeking such civil penalties. The civil penalty prescribed herein
may be sought in addition to injunctive relief, specific performance or any other remedy; provided,
however, that a civil penalty shall not be sought for any violation for which a criminal prosecution
has been commenced.
(D) A violation of this section shall also be deemed a public nuisance and may be enjoined or
abated by the City by means of a civil action or administrative abatement.
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(3) Notwithstanding anything to the contrary contained in this section, the negligent clearing of
trees shall be punishable as an infraction. For purposes of this section, negligent clearing shall
mean any act or omission, including excessive cutting or topping of the tree canopy, and the
inadvertent cutting or removal of all or a substantial part of a tree or other vegetation within the
critical root zone, that negligently causes the tree to decline in health and/or die, a lack of water or
proper care, and other acts of negligence that result in the decline in health or death of a tree.
(4) Each such person shall be guilty of a separate offense for each and every day during any
portion of which any violation of or failure to comply with any provision of this section is committed,
continued, or permitted by such person, and shall be punishable accordingly.
(5) In any civil, criminal or administrative action or proceeding commenced by the city to abate a
nuisance, to enjoin a violation of any provision of this section, orto collect a civil penalty imposed by
this section, the City shall, if it is the prevailing party, be entitled to recover from the defendant in
any such action reasonable attorneys' fees and costs of suit.
(6) Nothing in this Section shall prevent the City from taking other such lawful action as is
necessary to prevent or remedy any violation(s).
Sec. 9-2.349 Reserved.
Sec. 9-2.351. Variances and minor exceptions.
(a) Purpose and intent. The purpose of granting a variance or minor exception is to ensure that
no property, because of special circumstances specifically related to its size, shape, topography,
location, or surroundings, shall be deprived of privileges commonly enjoyed by other properties in
the same vicinity and zone district. No variance or minor exception shall be granted for any
property that authorizes a use or activity which is not otherwise expressly authorized by the District
regulations (Chapter 3 Zoning Districts and Standards of this title) governing the parcel.
(b) Applicability. This section provides for the consideration of variances and minor exceptions to
the regulations of this Land Use Code (Chapters 1 through 5, Title 9). The reviewing authority may
grant a variance or minor exception from any property development standard (including setbacks,
heights, parking requirements, and other numerical standards) in this Land Use Code, subject to the
procedures set forth in this section. Except for the minor exceptions listed below, all requests to
deviate from code requirements shall require approval of a variance. In calculating percentages
specified in this section, rounding up of fractions shall not be permitted. The following deviations
from code requirements may be processed as minor exceptions:
(1) Minor exception for up to ten percent of standard. Any deviation of a numerical standard
contained in this Land Use Code (Chapters 1 through 5, Title 9) of ten (10) percent or less of the
maximum or minimum standard may be granted, except as otherwise provided in this section.
(2) Fence height minor exception. Excepting within any front yard setback area, the maximum
height of any fence, wall, hedge, or equivalent screening may be increased by a maximum of twenty
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(20) percent, where topography or a difference in grade between abutting sites warrants such
increase in height to maintain a level of privacy, or to maintain effectiveness of screening, or to
provide additional security when warranted, provided that the increased height does not encroach
into the vehicle sight distance or otherwise impede visibility of motorists.
(3) Setback minor exception. The required side or rear yard setback may be decreased by not
more than fifteen (15) percent where the proposed setback area or yard is in character with the
surrounding neighborhood and is not required as an essential open space or recreational amenity to
the use of the site, and where such decrease will not adversely affect adjacent properties.
(4) On-site parking minor exception. A maximum of fifteen (15) percent in the reduction of on-
site parking spaces may be granted to allow use of parking off-site or through a joint parking
agreement, provided that the reduction will not result in an adverse impact on parking availability or
traffic congestion.
(c) Reviewing authority.
(1) Variance requests shall be reviewed by the Zoning Administrator at a public hearing noticed
pursuant to Section 9-2.302(f), except that if a variance application is filed concurrently with another
application on the same site for the same development project that requires review by the Planning
Commission, then the Planning Commission shall be the reviewing authority for such application in
conjunction with the other pending application(s).
(2) The Planning Director or designee shall be the reviewing authority for minor exceptions, with
notice is given to contiguous property owners prior to the decision date pursuant to Section 9-
2.302(h).
(d) Application submittal. Applications for variances and minor exceptions may be filed with the
Department of Planning Services, along with the required fee as established by City Council
resolution. The Planning Director shall prescribe the form of application and the supporting
information required to initiate the application review. Once an application is received by the
Department of Planning Services, the application will be reviewed pursuant to the timelines set forth
in Section 9-2.301.
(e) Findings required for approval. No variance or minor exception shall be approved unless the
reviewing authority makes all of the following findings:
(1) There are special circumstances applicable to the property, including size, shape,
topography, location, or surroundings, such that the strict application of this code would deprive
such property of privileges enjoyed by other properties in the vicinity and under identical zoning
classification.
(2) Granting of the variance or minor exception will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone district in which such
property is situated.
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(3) Granting of he variance or minor exception will not result in development which is otherwise
inconsistent with the provisions of the Land Use Code or the General Plan.
(4) Granting the variance or minor exception will not be materially detrimental to the public
health, safety, or welfare, or injurious to the properties or improvements in the vicinity and land use
district in which the property is located.
(f) Conditions of approval. Any variance or minor exception granted may be subject to such
conditions as required by the reviewing authority to ensure that the deviation from code
requirements and standards thereby authorized will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone in which such property
is situated. In approving a variance application, the approving authority may also impose conditions
of approval which it deems necessary to ensure: (i) the compatibility of the land use or development
with existing and proposed land uses on surrounding properties and (ii) consistency with the goals
and policies of the General Plan.
(g) Appeals. Decisions on variance and minor exception applications may be appealed in
accordance with Section 9-2.311 Appeals.
(h) Time period for approval. If construction or use of property authorized by an approved
variance or minor exception has not been commenced within one (1) year of approval, then the
variance or minor exception shall be rendered null and void, except that if such variance or minor
exception has been in approved in conjunction with another discretionary approval on the same
property for the same development project, then the time period for approval of the variance or
minor exception shall be the same as for the other application(s), including any time extension
thereof. Where circumstances warrant, the reviewing authority may grant an extension of time for a
period not to exceed 12 additional months for a variance or minor exception filed with no concurrent
applications. A time extension for a variance application may be approved by the Zoning
Administrator subject to the same notification procedures and findings used for the original
application. A time extensions for a minor exception may be approved by the Planning Director
subject to the same notification procedures and findings use for the original application.
(i) Consistency of working drawings with approved plans. A variance or minor exception
approval shall pertain only to those plans reviewed and approved by the reviewing authority, and all
approved plans shall be considered an integral part of the approval. The Planning Director shall
ensure that any final working drawings for grading or construction authorized by a variance or minor
exception approval are consistent with approved plans prior to issuance of building permits.
0) Revocation. A variance or minor exception may be revoked or modified (including the
imposition of additional conditions) by the approving body upon finding by said authority that the
conditions of approval of the variance have not been met or that the land use is being operated in
violation of other provisions of this Land Use Code. A public hearing by the reviewing authority shall
be held in accordance with Section 9-2.302(f) prior to action on revocation or modification. The
Planning Director may schedule such a hearing upon his or her preliminary finding of
noncompliance with any of the preceding requirements. Any decision by the reviewing authority to
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revoke or modify a variance or minor exception may be appealed pursuant to Section 9-2.311,
Appeals.
9-2.351. Reserved.
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Article 4. Nuisances
Sec. 9-2.401. Nuisances.
(a) For the purposes of this Land Use Code, "nuisance" shall mean the use of property in a
manner that is not in compliance with the provisions of the Land Use Code, including but not limited
to anything which is injurious to health or offensive to the senses or which obstructs the free use of
property or endangers property so as to interfere with the comfortable enjoyment of life or property
by any number of the citizens of the City. It is hereby declared to be a nuisance to make, cause, or
permit to be made or caused on any premises any action which is physically annoying to persons of
ordinary sensitiveness or which is so harsh or so prolonged or unnatural or unusual in its use, time,
or place as to occasion physical discomfort.
(b) General Performance Standards. The following requirements shall apply to the use of land
throughout the City. Any violation of these performance standards shall be deemed a "nuisance"
and shall be subject to abatement pursuant to Section 9-1.201 and other applicable provisions of
law.
(1) The generation of vibration of a duration and intensity so as to be excessive, disturbing, or
objectionable to persons located offsite, shall not be permitted.
(2) No operation or activity shall emit heat or cold which would cause a temperature increase or
decrease on any adjacent property in excess of ten (10) degrees Fahrenheit, whether the change is
in the air, on the ground, or in any structure.
(3) No operation, activity, sign, or lighting fixture shall create illumination on adjacent property
that exceeds one (1) foot-candle, whether the illumination is direct or indirect light from the source.
(4) No operation or activity shall be permitted to emit odorous gases or other odorous matter in
such quantities as to be dangerous, injurious, noxious, or otherwise objectionable, which is
detectable, with or without the aid of instruments, at or beyond the property line.
(5) No operation or activity shall cause any source of electrical or electronic disturbance that
adversely affects persons or the operation of any equipment on any other lot or that is not in
conformance with the regulations of the Federal Communication Commission.
(6) No operation or activity shall cause the emission of any smoke, fly ash, dust, fumes, vapors,
gases, or other forms of air pollution which can cause damage to health, animals, vegetation, or
other forms of property, or which can cause excessive soiling on any other lot. No emission shall
be permitted which exceeds the requirements of the South Coast Air Quality Management District.
(7) Any operation or activity involving the storage of flammable or explosive materials shall be
provided with adequate safety devices against the hazard of fire or explosion, and adequate fire
fighting and fire suppression equipment and devices in accordance with the requirements of the
Orange County Fire Authority. Burning of waste materials in an open fire is prohibited.
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(8) No operation or activities shall be permitted which result at any time in the release or
emission of any fissionable or radioactive materials into the atmosphere, the ground, or sewer
system.
(9) No operation or action shall discharge at any point into any public or private street, public or
private sewer, stream, body of water, or into the ground, any materials of such nature or
temperature as can contaminate any water supply, interfere with bacterial processes in sewage
treatment, or otherwise cause the emission of dangerous or offensive elements, except in
accordance with applicable standards approved by governmental agencies having jurisdiction. All
grading, grubbing, clearing, soil disturbance, and/or construction operations shall comply with the
erosion control and best management practices of the City's current permitfor the National Pollution
Discharge Elimination System (NPDES), as it may be amended from time to time.
(10) Generation of any noise not in conformance with applicable noise provisions of the
Municipal Code, including Section 9-3.531 of this title.
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EXHIBIT B
CHAPTER 4. SUBDIVISIONS
Article 1. General Provisions
Section 9-4.101 Authority and purpose.
This chapter, which maybe cited as the "City of San Juan Capistrano Subdivision Ordinance," is
adopted pursuant to Article XI, Section 7 of the California Constitution, and Government Code
Section 66410 et. seq., herein cited as the "Subdivision Map Act." The purpose of this chapter, and
any City standards adopted to implement this chapter, is to regulate and control the division of land
within the City of San Juan Capistrano and to supplement the provisions of the Subdivision Map Act
concerning the design, improvement, and survey data of subdivisions, the form and content of all
required maps, and the procedure to be followed in securing the City's official approval of all
required maps. This chapter and all actions taken pursuant to it are necessary to preserve and
protect the public health, safety, and general welfare; to implement the City's General Plan and
Land Use Code, applicable specific plans, and other applicable provisions of the City's Municipal
Code pertaining to land development or development projects; to assure sufficient public
infrastructure and facilities for adequate traffic circulation, water, utilities and public services,
sanitary sewer and storm drain facilities, to promote orderly growth and development and proper
use of land; and to provide for the efficient use and conservation of resources and preserve the
unique character of the City.
Section 9-4.103 Scope and applicability.
This chapter shall apply to any division of land within the City and shall control the preparation,
processing, and approval of all tentative maps, final maps, parcel maps, common interest
subdivisions, lot line adjustments, lot mergers, reversions to acreage, exceptions, and waivers.
Section 9-4.105 Exemptions.
A tentative map, parcel map, or final map shall not be required as set forth in California
Government Code Section 66412.
Section 9-4.107 Fees
All persons submitting maps or other development applications required by this chapter shall pay
all fees and deposits required by this chapter, in the amount prescribed by resolution of the City
Council at the time the fees are due and payable, except as otherwise authorized by City ordinance.
These fees shall include, but are not limited to plan check fees, processing fees, inspection fees,
mitigation fees, and impact fees.
Section 9-4.109 Hold harmless and indemnification of City.
Pursuant to the authority of Government Code Section 66474.9, the City may require, as a
condition of approval of any tentative or parcel map or other subdivision approval, that the
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subdivider indemnify, defend and hold harmless the City and its elected and appointed officials,
officers, agents and employees ("Indemnitees") from any claim, action, or proceeding, whether
judicial, quasi-judicial, administrative, legislative orotherwise, againstthe Indemnitees to attack, set
aside, void, or annul an approval of the City or an Indemnitee, concerning a subdivision, which
claim, action or proceeding is brought within the time period provided for in Government code
Section 66499.37. The City shall promptly notify the subdivider of any such claim, action or
proceeding and shall cooperate fully in the defense.
Section 9-4.111 Responsibilities and Designations.
(a) Director of Planning Services. The responsibilities of the Director of Planning Services shall
include, but are not limited to:
(1) To develop forms, procedures, and policies necessary for the processing of applications for
tentative and parcel maps, reversions to acreage, and other land use actions as provided for in this
ordinance.
(2) To review and make recommendations to the Planning Commission and City Council with
respect to an application's conformance with the General Plan, Land Use Code, applicable specific
plan or comprehensive development plans, and other applicable land use regulations.
(3) To ensure that proper environmental review procedures have been conducted, and that
proper notice has been provided on all tentative subdivision applications, pursuant to the California
Environmental Quality Act (CEQA), the City's CEQA Guidelines, and this title.
(4) To confirm that a final map or parcel map is in substantial conformance with the approved
tentative map.
(5) To review lot line adjustments and lot mergers for compliance with General Plan and zoning
requirements, and conduct environmental review on these actions when required.
When necessary to carry out these responsibilities, the Planning Director may authorize a
designee to act on the Planning Director's behalf.
(b) City Engineer. The responsibilities of the City Engineer shall include, but are not limited to:
(1) To develop forms, standards, and procedures for final maps, parcel maps and waivers,
reversions to acreage maps, amending maps, lot line adjustments, lot mergers, certificates of
correction, notices of violation, and certificates of compliance, pursuant to this chapter, and in
consultation with the Planning Director.
(2) To review and approve lot line adjustments and lot mergers.
(3) To develop and make recommendations to the Planning Commission and City Council
engineering design standards, setting forth design and construction details, and improvement
standards and specifications.
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(4) To process final maps, parcel maps and waivers, reversion to acreage maps, map
amendments, certificates of correction, notices of violation, certificates of compliance, subdivision
improvement agreements, and deferred improvement agreements, pursuant to this chapter.
When necessary to carry out these responsibilities, the City Engineer may authorize a designee
to act on the City Engineer's behalf, in accordance with state law.
(c) Planning Commission. The Planning Commission is hereby designated as the Advisory
Agency regarding subdivisions, and shall have the authority to review and make recommendations
to the City Council to approve, conditionally approve, or deny applications for tentative subdivision
maps and extensions thereto.
(d) City Council. The City Council shall have the authority to act as follows:
(1) To approve, conditionally approve, or deny applications for tentative maps and tentative
parcel maps, and extensions thereto.
(2) To approve final subdivision maps and parcel maps, reversion to acreage maps, and
subdivision improvement agreements and securities.
(3) To review and approve amended maps pursuant to Government Code Section 66472.1.
(4) To accept land or improvements that are proposed for dedication upon final or parcel maps.
(5) To approve and accept public improvements constructed as part of a final or parcel map, and
to approve deferred improvement agreements.
Section 9-4.113 Prohibition
(a) No person shall sell, lease or finance any parcel or parcels of real property or commence
construction of any building for sale, lease, or financing thereon, except for model homes, for which
a final or parcel map is required by the Subdivision Map Act and this chapter, until such map, in full
compliance with the Subdivision Map Act and this chapter, has been filed for record with the office
of the County Recorder.
(b) Conveyances of any part of a division of real property for which a final or parcel map is
required by the Subdivision Map Act and this chapter shall not be made by parcel or block number,
letter or other designation, unless and until such map has been filed for record by the Office of the
County Recorder.
(c) This section does not apply to any parcel or parcels of a subdivision offered for sale or lease,
contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including
this chapter, regulating the design and improvement of subdivisions in effect at the time the
subdivision was established.
Page 3 of 54 EXHIBIT B
.�71 �kZ3
(d) Nothing contained in subsection (a) of this section shall be deemed to prohibit an offer or
contract to sell, lease, or finance real property or to construct improvements thereon where such
sale, lease, orfinancing, or the commencement of such construction, is expressly conditioned upon
the approval and filing of a final map or parcel map, as required under the Subdivision Map Act and
this chapter.
Section 9-4.115 Remedies
(a) Any deed of conveyance, sale, or contract to sell real property which has been prepared in
violation of the provisions of the Subdivision Map Act or this chapter is voidable at the sole option of
the buyer, or any personal representative, within one (1) year after the date of discovery of such
violation. The deed of conveyance, sale, or contract to sell is binding upon any successor in
interest of the buyer and upon the grantor.
(b) The City shall not issue a permit or grant anyapproval necessary to develop any real property
which has been divided in violation of the provisions of the Subdivision Map Act and this chapter.
The authority to deny or approve such a permit shall apply whether the applicant therefore was the
owner of record at the time of such violation, with or without actual knowledge of the violation at the
time of the acquisition of an interest in such real property.
(c) If the City issues a permit or grants approval for the development of any real property illegally
subdivided, the City may impose any additional conditions which would have been applicable to the
division of property at the time the current owner of record acquired the property. If the property
has the same owner of record as at the time of the initial violation, the City may impose conditions
applicable to a current division of property. If a conditional certificate of compliance has been filed
for record in accordance with the provisions of this chapter, only those conditions or stipulations in
that certificate shall be applicable. In such circumstances, a property owner may first apply for and
obtain a certificate of compliance or conditional certificate of compliance, pursuant to Section 9-
4.405.
Section 9-4.117 Notice of Violation
If the City Engineer has knowledge that real property has been subdivided in violation of the
provisions of the Subdivision Map Act or this chapter, a Notice of Intention to Record a Notice of
Violation shall be mailed by the Engineering Department, by certified mail, to the current owner of
record, pursuant to Government Code Section 66499.36, and the process and review of a notice of
violation will be conducted as set forth in that section.
Article 2. Tentative Maps
Sec. 9-4.201. Requirement for a tentative map in lieu of a parcel map.
(a) Pursuant to Government Code Section 66428, a tentative map shall be required where a
parcel map would otherwise be allowed by the Subdivision Map Act in the following circumstances:
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(1) A vesting right conferred by Chapter 4.5 of the Subdivision Map Act is sought by the
subdivider; or
(2) Access from the public right-of-way to the proposed lots within the subdivision of
commercially or industrially zoned land is provided through easements or reciprocal parking and
access agreements, rather than by direct frontage to publicly dedicated and improved roadways.
(b) A tentative map and final map will be required where successive divisions by the same or
different related subdivider result in a total of five (5) or more lots.
Sec. 9-4.203. Requirements for tentative maps.
(a) A tentative map and final map shall be required for all subdivisions creating five (5) or more
lots, five (5) or more condominiums, a community apartment project containing five (5) or more
dwelling units, and for the conversion of a dwelling to a stock cooperative containing five (5) or more
dwelling units, except where:
(1) The land before division contains less than five (5) acres, where each lot created by the
division abuts upon a maintained public street or highway and no dedications or improvements are
required by the City; or
(2) Each lot created by the division has a gross area of twenty (20) acres or more and has a City
approved access to a maintained public street or highway; or
(3) The land consists of a lot or lots of land having City approved access to a public street or
highway which comprises part of a tract of land zoned for industrial or commercial development,
and which has the approval of the City Council as to street alignments and widths.
Section 9-4.205 Requirements for parcel maps.
Except as otherwise provided in Section 9-4.201, a parcel map shall be required for all
subdivisions creating four (4) or fewer lots, four (4) or fewer condominiums, a community apartment
project containing four (4) or fewer dwelling units, and for the conversion of the dwelling to a stock
cooperative containing four (4) or fewer units, except that parcel maps shall not be required for the
following:
(a) Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by
Public Utilities Code Section 230, which are created by short-term leases terminable by either party
on not more than 30 days written notice; or
(b) Any interest in land conveyed to or from a governmental agency, public entity, public utility, or
for land conveyed to a subsidiary of a public utility for conveyance to such public utility, for rights-of-
way where such conveyance has been reviewed in accordance with this chapter, unless a showing
is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map;
or
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(c) Lot line adjustments between two or more adjoining parcels, in accordance with this chapter;
or
(d) The merger of contiguous parcels under common ownership, subject to the recordation of an
instrument evidencing the merger, such instrument to be approved in accordance with this chapter.
Section 9-4.207 Tentative map form and content.
Before any tentative map, or request for extension thereto, is accepted for filing, the subdivider
shall file with the Planning Department a completed application form along with applicable fees as
established by City Council resolution, and submit the required number of copies of the tentative
map and all supporting materials and documents required on the City's official application form.
The Director of Planning Services and the City Engineer may, from time to time, amend the official
application form and the map submittal requirements specified thereon. Tentative maps shall be
prepared in a size, form, and manner acceptable to the Director of Planning Services and the City
Engineer, and shall be prepared by a registered civil engineer or licensed land surveyor. The
tentative map shall be clearly and legibly drawn on one (1) sheet and shall contain all information
required by the official application form and any requirements identified during the preliminary
review of the map by the City. Applications for vesting tentative maps shall conform with Section 9-
4.237 of this chapter. The Director of Planning Services and the Development Advisory Board may
modify any of the above tentative map submittal requirements through the preliminary conceptual
review process, if the type of subdivision does not need to comply with these requirements, or if
other circumstances justify a modification or a waiver. The Director of Planning Services and
Development Advisory Board may require other drawings, data, reports, or information deemed
necessary to accomplish the purposes of the Subdivision Map Act, the California Environmental
Quality Act (CEQA), and this chapter.
(b) Tentative tract map shall include, but not be limited to the information that is set forth below
as required by the Planning Director and City Engineer.
(1) The tract number;
(2) The legal description of the tract boundaries;
(3) The names, addresses, and telephone numbers of the record owner, developer, and
registered civil engineer or licensed land surveyor preparing the map;
(4) The North arrow, the map scale, the total area of the property, and the date;
(5) The width and approximate locations of all easements, both existing and proposed, within or
contiguous to the property;
(6) The street names of all existing highways and streets within or contiguous to the property to
be subdivided;
(7) The locations, widths, and approximate grades of all proposed and existing highways, streets,
alleys, pedestrian ways, equestrian trails, and bicycle trails within or contiguous to the property;
(8) The approximate radius of curvature of all proposed and existing center line curves of the
streets, highways, and alleys;
(9) The lettered names of all proposed streets and highways;
(10) The lot layout and approximate dimensions of each lot. A lot number shall be assigned to
each lot;
(11) The location of all areas subject to inundation or flood hazard from a 100 -year storm;
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(12) The location of all areas considered to be high risk due to seismic activity;
(13) The location of all existing structures within the tract (noted if to be removed) or within 100
feet of the boundaries of the tract;
(14) The location of the existing wells and cesspools within the tract (noted if to be removed) or
within 100 feet of the boundaries of the tract;
(15) The approximate location and size of the proposed public utilities;
(16) The invert elevations of existing sewers and storm drain facilities at the proposed points of
connection;
(17) The contour lines of the existing terrain within the tract and 100 feet beyond all exterior
property lines;
(18) The proposed grading operations;
(19) The boundary conditions, as set forth in Section 9-4.307 Conformity of Boundaries with
Surrounding Properties, of the proposed construction, including a distance of 100 feet beyond the
subject property limits;
(20) The location of all park and/or school sites to be dedicated or reserved for the public;
(21) A general location map;
(22) All existing major trees, landmarks, and utilities; and
(23) The additional data or information required by the City.
(c) The entire subdivision shall be indicated on one sheet at a scale of 100 feet to the inch. (§ 2,
Ord. 869)
Sec. 9-4.209. Soil reports.
(a) Required. A soil report, prepared by a civil engineer registered in the State and certified
engineering geologist, based upon adequate test borings, shall be submitted to the City Engineer
when a tentative tract map or tentative parcel map is submitted. Said reports shall satisfy the
provisions for preparation of soils reports as approved by the Director of Engineering and Building
Services.
(b) Waivers. A preliminary soil report may be waived by the City Engineer provided he or she
finds that, due to the knowledge the City has of the qualities of the soils on the subject property, no
preliminary analysis is necessary.
(c) Soil investigations. If the City has knowledge of, or the preliminary soil report indicates, the
presence of critically expansive soils or other soil problems which, if not corrected, would lead to
structural defects, a soil investigation of each lot in the subdivision may be required by the City
Engineer. Such investigations shall be performed by a civil engineer, registered in the State and
certified engineering geologist, who shall recommend the corrective action which is likely to prevent
structural damage to each structure proposed to be constructed in the area where such soil problem
exists.
The City may approve the subdivision, or portion thereof, where such soil problems exist if the
City determines that the recommended action is likely to prevent structural damage to each
structure to be constructed. The City may require, as a condition of the issuance of any building
permit, that the approved corrective action be incorporated in the construction of each structure.
Section 9-4.211 Compliance with General Plan and Land Use Code
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All divisions of land pursuant to this chapter shall conform to those development standards set
forth in the Land Use Code and any applicable specific plan or comprehensive development plan
for the zone district in which the property proposed to be divided is located at the time the
application for the tentative map is deemed complete; with the City's General Plan, including all
maps, goals, objectives, policies and implementation measures, in effect at the time the tentative
map is approved.
Section 9-4.213 Determination of application completeness.
The Planning Department shall notify the applicant of its determination of completeness of the
subdivision application, as required by Government Code Section 65943. The applicant shall have
the right to appeal a decision that an application is incomplete, pursuant to Government Code
Section 65943(c) and Section 9-2.311 of this Code. The subdivider shall supply the requested
plans and/or information within sixty (60) calendar days of the notice of incomplete filing, or
pursuant to the provisions of Section 9-2.301(h)(5) the Planning Department may return any unused
application materials to the applicant and refund any unexpended portion of the application fee.
Section 9-4.215 Notification of affected agencies.
Pursuant to Government Code Section 66455.7, notice of a proposed subdivision shall be
provided to the Capistrano Valley Unified School District within five (5) days of the application being
deemed complete. Notice of a proposed subdivision shall also be provided to other affected
agencies, which may include but are not limited to California Department of Transportation, County
of Orange Flood Control District, Orange County Fire Authority, nearby cities, transit providers, rail
providers, and other utilities or service providers.
Section 9-4.217 Environmental review.
After determination that the tentative map application is complete, the Environmental
Administrator shall comply with the provisions of the California Environmental Quality Act (CEQA) in
accordance with the time periods specified in Public Resources Code Section 21151.5.
Section 9-4.219 Public hearing notice.
Notice of public hearing on tentative maps considered by the Planning Commission and City
Council shall be given pursuant to Government Code Section 65091 and Section 9-2.302(f) of the
Land Use Code.
Section 9-4.221 Time frames for action on tentative maps.
(a) The City Council shall hold a public hearing on the map, and upon making all findings
required in Section 9-4.223, shall approve, or conditionally approve the tentative map, or if such
findings are not made, shall deny the tentative map, within the time frames established by Public
Resources Code Section 21151.5 and Government Code Section 66452.2
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(b) The time frames in subsection (a) may be extended by up to ninety (90) days by mutual
consent of the subdivider and the Director of Planning Services. Additional extensions may be
permitted as provided by statutory law or court decisions.
(c) In the event that action on a tentative map application is not taken in a timely manner and the
application is deemed approved pursuant to Government Code Section 66452.4, then the standard
conditions of approval prepared by the City that are in effect at the time the application was deemed
complete shall automatically be applied to the tentative map.
Section 9-4.223 Findings for approval of tentative maps.
(a) Any tentative map may be approved only if the City Council makes all of the following
findings:
(1) The proposed map is consistent with the General Plan and any applicable specific plan or
comprehensive development plan.
(2) The design or improvement of the proposed subdivision is consistent with the General Plan
and any applicable specific plan or comprehensive development plan.
(3) The site is physically suitable for the type of development.
(4) The site is physically suitable for the proposed density of development.
(5) The design of the subdivision or the proposed improvements is not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
(6) The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision.
(b) With regard to paragraph (a)(7) of this section, the City Council may approve a map if it finds
that alternate easements, for access or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public.
Section 9-4.225 Applicant's acceptance of conditions of approval.
Not less than fourteen (14) days prior to the City Council taking action on a proposed tentative
subdivision, the applicant shall file a statement with the Planning Department that expresses the
applicant's concurrence with, or objection to, any draft conditions of approval expected to be applied
to the subdivision by the City Council. An applicant's objection to a condition or conditions of
approval will not limit the City Council's ability to apply any conditions deemed necessary to ensure
that the proposed subdivision conforms to the findings contained in Section 9-4.223 and does not
represent a risk to public health, safety and welfare. Failure to file such a statement maybe cause
to delay the City Council's action on the applicant's tentative map.
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Section 9-4.227 Modifications of approved or conditionally approved tentative maps.
(a) Approved tentative maps andlor their conditions of approval may be amended upon
application by the subdivider, or, with consent of the subdivider, by action initiated by the Director of
Planning Services or City Engineer, pursuant to this section.
(b) Minor modifications may be processed administratively without notice or public hearing
pursuant to the procedure in Section 9-2.303, provided that the proposed changes are consistent
with the intent of the original map approval, and there are no resulting violations of this chapter or
the Municipal Code. The following modifications are considered minor:
(1) Modifications to lot area or dimensions for ten percent (10%) or fewer of the total number of
lots in the subdivision, provided that there is no increase or decrease in the total number of lots
within the subdivision and that any such modifications are consistent with the Land Use Code and
General Plan;
(2) Modifications to the horizontal alignment of two (2) feet or less, or vertical alignment of one
(1) foot or less, of any cul-de-sac, local or collector roadway, when such modification does not affect
off-site property;
(3) Modifications to the finished grades of any lot of two (2) feet of less;
(4) Requests for administrative time extension for a phased map, pursuant to Section 9-
4.229(c)(3); or
(5) Any other minor changes which, in the determination of the Planning Director and City
Engineer, do not involve substantial changes to the map or the conditions of approval.
(c) Except as set forth in section 9-4.227(a), any other amendment or modification of an
approved or conditionally approved map shall be processed as a major modification, following
procedures set forth in this chapter for tentative map approval, except that approval of such
modification shall not alter the original expiration date of the tentative map.
Section 9-4.229 Expiration of tentative maps and timely filing of final or parcel maps.
(a) The initial approval or conditional approval of a tentative map shall expire twenty-four (24)
months from its adoption by the City Council. Expiration of an approved or conditionally approved
tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the
real property included within the tentative map shall be filed without first processing a new tentative
map in accordance with the provisions of this chapter. Once a complete and timely filing of a final
map, as described in Section 9-4.305 has been made by the subdivider to the City Engineer, the
final processing, approving and recording may lawfully occur after the date of expiration of the
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tentative map; however, should the City Engineer determine that a complete and timely filing has
not been received, then the tentative map shall expire on its expiration date, unless a complete and
timely filing is received prior to that date.
(b) In order for the City Engineer to determine that a final map filing is complete, all the items
required by Section 9-4.307, the conditions of approval, the Subdivision Map Act, and the Orange
County Recorder's Office must be submitted in a complete and acceptable form.
(c) A final map shall be deemed in substantial conformance with the approved tentative map if
the Director of Planning Services finds, in consultation with the City Engineer, that all of the
following criteria are satisfied:
(1) The final map is in compliance with all conditions of approval applied to the tentative map.
(2) Less than ten (10) percent of the total number of lots in the subdivision have been modified in
their configuration, and no increase or decrease in the number of lots has occurred, and any
modification of lots has been approved as a minor modification pursuant to Section 9-4.423.
(3) No cul-de-sac, local or collector roadway has been modified by more than two (2) feet in
horizontal alignment or more than one (1) foot in vertical alignment, and any change in alignment
has been approved as a minor modification pursuant to Section 9-4.423.
(4) The design or location of any required infrastructure improvement, including flood control
structures, open space landscape areas, utility easements, major and secondary arterial roadways
and primary or secondary access roads, have not been modified in such a way as to reduce their
utility, cause increased maintenance expense, orjeopardize public health and safety, as determined
by the City Engineer.
(5) The final map accurately portrays approved phasing plans.
(6) The grading concept approved for the tentative map has not been modified in such a way as
to increase the area or volume of off-site grading, substantially increase on-site slope heights, or
increase the grade differential between approved and proposed pad elevations by more than two
(2)feet.
(7) The final map is reflective of the requirements, standards, design and intent of the approved
tentative map, as determined by the Planning Director and City Engineer.
(d) If the filing of multiple final maps is authorized under the tentative map approval pursuant to
Section 9-4.231 (Phasing) and the City Engineer determines that conditions of approval of the
tentative map require an expenditure in the amount specified under Government Code Section
66452.6(a), including specified adjustments for inflation, for public improvements or public rights-of-
way outside the boundaries of the tentative map (excluding improvements of public rights-of-way
which abut the boundary of the property to be subdivided) and which are reasonably related to the
development of that property, then the tentative map shall be extended for thirty-six (36) months
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upon the timely filing of the first phase of the final map within the original approval period of the
tentative map.
(1) Except as provided in subsection (c)(2) below, the timely filing of subsequent final maps
authorized under the tentative map approval pursuant to this subsection shall extend the life of the
tentative map for a period of thirty-six (36) months from the date of the previously filed final map,
provided that such extensions shall not extend the tentative map more than ten (10) years.
However, a tentative map on property subject to a development agreement may be extended forthe
period of time provided for in the agreement.
(2) If two or more final maps from the same tentative map are filed within any period of twelve
(12) consecutive months, the applicant shall only be entitled to one automatic extension, pursuant
to Government Code Section 66452.6(a) and this section.
(3) A request by a subdivider for the granting of an automatic time extension shall be processed
as an administrative modification of the tentative map, pursuant to Section 9-2.303. All conditions
of approval for the original tentative map shall be applied to the extension request, except for
changing the expiration date.
Section 9-4.231 Phasing.
(a) Multiple final maps relating to an approved or conditionally approved tentative map may be
filed before the expiration of the tentative map. The filing of a final map on a portion of an approved
or conditionally approved tentative map shall not invalidate any part of the tentative map.
(b) If the subdivider plans to file multiple or phased final maps on the tentative map, the
subdivider shall so indicate, at the time the tentative map application is submitted, by submittal of a
proposed phasing plan, and a description of the phasing of infrastructure and improvements. The
proposed phasing shall be reviewed by the Development Advisory Board, Planning Commission
and City Council and shall be made a part of the approval of the tentative map. If, after approval of
an unphased tentative map, the subdivider requests to submit multiple final maps or requests to
modify previously approved phase boundaries or order of development, the phasing plan shall be
reviewed as a major modification to the approved tentative map pursuant to the same procedures
used to review a new tentative map. New conditions of approval may be added relating to the
proposed phasing and any improvements deemed necessary to implement orderly development of
the phasing.
Section 9-4.233 Discretionary extensions of tentative maps.
(a) The subdivider may request an extension of the expiration date of the approved or
conditionally approved tentative map byfiling an application for discretionary time extension with the
Planning Department prior to the expiration of the tentative map. Upon the filing of the extension
request, the map shall automatically be extended for 60 days or until the application is acted upon,
whichever occurs first. The application for an extension of time shall be subject to the same review
process as the application for a tentative map as specified in this chapter, and the subdivider shall
pay all applicable fees. Environmental review shall be conducted in accordance with CEQA and the
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City's CEQA Guidelines. Notice and an opportunity to be heard on the tentative map extension
shall be provided pursuant to the public hearing procedures in Section 9-2.302(f). The City Council
may deny an extension of time . The expiration date of a tentative map may be extended by the
City Council for a period or periods up to but not exceeding a total of three (3) years beyond the
original expiration date.
(b) Extensions granted under this section shall not include any period of time during which a
development moratorium is in effect.
Section 9-4.235 Effect of consecutive subdivision maps.
(a) Pursuant to Government Code Section 66424.1, a subdivider may file more than one
tentative map to subdivide a unit of land, prior to the time that the first subdivision is reflected in the
County Assessor's rolls. However, no consecutive map(s) shall rely on, or reference, any
previously approved tentative map for which a final map has not yet been recorded, for the following
purposes:
(1) For legally describing the area to be subdivided;
(2) For determining required legal and physical access;
(3) For identifying existing or planned improvements; or
(4) For establishing conditions of approval for the consecutive tentative map.
(b) When a consecutive final map is filed on land that has been previously subdivided, the effect
of the recordation of that map will be a legal merger of the separate parcels and the resubdivision of
such merged parcel.
(c) When a consecutive parcel map is filed on land which has been previously subdivided or on
which a tentative map has been approved, the underlying parcels will not be merged unless said
consecutive parcel map is filed pursuant to 9-4.239 (Reversion to Acreage) of this chapter, and
once recorded, the consecutive parcel map shall have the effect of creating parcels which may
contain subdivided or tentatively subdivided parcels for the purpose of sale, lease, or financing.
(d) Nothing in this section shall limit the city from applying reasonable conditions of approval to
consecutive maps.
Section 9-4.237 Vesting Maps
(a) Authority. Except as otherwise specifically provided herein, the provisions of this section shall
apply to the filing, processing and review of vesting tentative maps as the term is defined in
Sections 66424.5 and 66452 of the Government Code and the provisions of this Land Use Code.
To accomplish this purpose, the regulations outlined in this article are determined to be necessary
for the preservation of the public health, safety and general welfare and the promotion of orderly
growth and development.
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(b) Applicability. This section shall be applicable to all vesting subdivisions. Whenever a
provision of the Subdivision Map Act or this chapter requires the filing of a tentative map for a
subdivision, a vesting map may instead be filed, in accordance with the provisions of this chapter.
(c) Consistency. The approval of a vesting tentative map shall be consistent with the General
Plan, Land Use Code, any applicable specific plan or comprehensive development plan, and any
other applicable City standards in effect at the time the vesting map application was deemed
complete by the Planning Department. If a subdivider files a vesting tentative map for a subdivision
whose intended development is inconsistent with City standards in effect at the time the application
is deemed complete, the City may deny such a vesting tentative map or approve it conditioned on
the subdivider obtaining the necessary change in zoning to eliminate the inconsistency. If the
change in zoning is obtained, the approved or conditionally approved vesting map shall confer the
vested right to proceed with the development in substantial compliance with the change in zone and
the map as approved.
(d) Filing and processing vesting maps. A vesting tentative map shall be filed on the same form,
have the same contents, and provide the same information and shall be processed in the same
manner as set forth in this Chapter for a tentative map, except as hereinafter provided:
(1) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the
words "Vesting Tentative Map."
(2) The application for a vesting tentative map shall contain all information, materials, and reports
required under Section 9-4.207 and the information stated below, except additional information as
otherwise required by the City Engineer:
(A) The intended size, location, and use of all buildings;
(B) Grading plans;
(C) Plan and profile geometrics for proposed roadways;
(D) Locations of and designs for sanitary sewer, water and storm drain facilities; and
(E) Written documentation that all off-site easements required for the project have been acquired.
(1) The City Engineer may request additional studies necessary to conclude that infrastructure
improvements are adequate to serve the proposed subdivision and will be compatible with future
development of the surrounding area. If the subdivision is proposed to be phased, a phasing plan
detailing infrastructure improvements to be installed with each phase, togetherwith interim facilities
to be utilized, will be required.
(2) A vesting tentative map shall not be accepted for filing unless all other discretionary land use
approvals required for the proposed development, including architectural control, conditional use
permit, site plan review, variance, or other discretionary application, have been obtained, or
applications for any such required entitlements are filed concurrently with the vesting tentative map.
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(e) Expiration. The approval or conditional approval of a vesting tentative map shall be subject to
the provisions for other tentative maps as set forth in Section 9-4.221 and such approvals shall
lapse in accordance with the provisions set forth in Section 9-4.229(a). A vesting tentative map
may be extended under the provisions of Section 9-4.233. Any time extension for a vesting map
shall be reviewed for conformance with the City standards in effect at the time the vesting map
application was deemed complete. The City Council may deny a time extension for a vesting map if
it finds that:
(1) Failure to do so would place the residents of the subdivision or the community, or both, in a
condition dangerous to their health or safety; or
(2) The denial is required in order to comply with state or federal law.
(f) Vested rights created by approval of vesting tentative maps.
(1) Subject to the time limits established by Section 9-4.237(f)(3), the approval or conditional
approval of a vesting tentative map shall confer a vested right to proceed with development in
substantial compliance with the City standards in effect at the time the vesting tentative map
application is deemed to be complete.
(2) Notwithstanding subsection 9-4.237(f)(1) above, a permit, approval, or entitlement may be
made conditional or denied, even though such action may be contrary to the City standards in effect
at the time the vesting tentative map application was deemed complete, if any one of the following
are circumstances are determined by the City Council to apply to the application:
(A) A failure to do so would place the residents of the subdivision or the immediate community, or
both, in a condition dangerous to their health or safety, or both.
(B) The condition or denial is required in order to comply with state or federal law.
(3) The rights referred to in paragraph (f)(1) of this subsection shall expire if a final map is not
approved prior to the expiration of the vesting tentative map as provided in this chapter. If the final
map is timely approved, such rights shall remain in effect for the following time periods:
(A) An initial period of one (1) year after the recording of the final map. Where multiple final maps
are recorded on various phases of a project covered by a single vesting tentative map, this initial
time period shall begin for each phase when the final map for that phase is recorded.
(B) The initial time period set forth in paragraph (f)(3)(i) above shall be automatically extended by
any time used for processing a complete application for grading permit approval, if such processing
exceeds thirty (30) days from the date an application is accepted as complete.
(C) The subdivider may apply to the City Council for a one (1) year time extension before the
expiration of the initial time period set forth in paragraph (f)(3)(i) above.
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(D) If the subdivider submits a complete application for a building permit during the time periods
specified in this subsection (f)(e) paragraphs (i), (ii), or (iii) above, the rights referred to herein shall
continue to exist until the expiration of such permit, or any extension thereof.
(g) Modifications to vesting tentative maps.
At any time prior to the expiration of a vesting tentative map, the subdivider, or successors or
assigns, map apply for a modification to such map. A public hearing shall be held by the City
Council on any amendment involving a modification to the vesting tentative map or development
related thereto, following procedures set forth for the modification of tentative maps in Section 9-
4.227(c). Approval of a modification to a vesting tentative map or development related thereto shall
not alter the expiration date of the vesting tentative map. Any modification to a vesting map
proposed by the subdivider will be evaluated for compliance with those City regulations, standards,
and policies in effect at the time the request for modification is deemed complete.
(h) Subsequent permits, licenses, and other entitlements for use.
The provisions of this chapter shall not be construed to prevent the City from conditionally
approving or denying any permit, license or other entitlement for use that is applied for by the
subdivider after the approval of a vesting tentative map, provided such conditional approval or
denial is made in accordance with the City standards described in this chapter.
Section 9-4.239 Reversion to Acreage
(a) General provisions. Any subdivided property may be reverted to acreage pursuant to the
provisions of the Subdivision Map Act and this section. Subdivisions may also be merged and
resubdivided without reverting to acreage, pursuant to the applicable requirements for the
subdivision of land as provided by Government Code Section 66499.20-1/2 and this chapter. Four
or fewer contiguous parcels under the same ownership may be merged by parcel map pursuant to
Government Code Section 66499.20-1/4 and applicable provisions of this chapter. Contiguous
parcels under common ownership may be merged pursuant to Government Code Section
66499.20-3/4 and Section 9-4.401 of this article.
(b) Initiation of proceedings for reversion to acreage.
(1) By owners. Proceedings to revert subdivided property to acreage may be initiated by petition,
in a form prescribed by the City Engineer, of all the owners of record of the property.
(2) By City Council. The City Council may, by resolution, initiate proceedings to revert property
to acreage. The City Council shall direct the City Engineer to initiate and conduct the proceedings
and to notify all property owners affected.
(c) Contents of petition for reversion to acreage. The petition of owners to initiate reversion to
acreage proceedings shall contain but not be limited to the following information:
(1) Evidence of title to the real property;
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(2) Evidence of the consent of all of the owners of an interest in the property;
(3) Evidence that none of the improvements required to be made have been made within two (2)
years from the date the final or parcel map was filed for recordation, or within the time allowed by
agreement for completion of the improvements, whichever is later;
(4) A final or parcel map, in the form prescribed by this chapter, delineating dedications that will
not be vacated and dedications required as a condition to reversion. Any such final or parcel map
shall be conspicuously designated with the following statement: `The Purpose of this Map is a
Reversion to Acreage."
(d) Submittal to the City Engineer. The final or parcel map for the reversion, together with all
other data as required by the City Engineer, shall be submitted to the City Engineer for review.
Upon finding that the petition meets with all the requirements of the Subdivision Map Act and this
chapter, the City Engineer shall submit the final or parcel map, together with a report and
recommendations of approval or conditional approval of the reversion to acreage, to the City
Council for its consideration.
(e) Conditions of reversion. The City Council may require the following conditions of reversion:
(1) That owners dedicate oroffer to dedicate streets, public rights-of-way or easements, including
easements or fee interest for flood control facilities;
(2) That all or a portion of previously paid fees, deposits or improvement securities be retained if
the same are necessary to accomplish any of the purposes or provisions of this Title, the Land Use
Code, and other provisions of the Municipal Code;
(3) Payment of any additional fees necessary to accomplish any of the provisions of this chapter;
and/or
(4) Such other conditions of reversion as are necessary to accomplish the purposes or provisions
of this Title or necessary to protect the public health, safety, or welfare.
(f) City Council approval. A public hearing shall be held by the City Council on all proposed
reversions to acreage. Notice of the public hearing shall be given as provided in Section 9-2.302(f).
The City Council may approve a reversion to acreage only if it finds that dedications or offers of
dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or
future public purposes; and either:
(1) All owners of an interest in the real property within the subdivision have consented to
reversion; or
(2) None of the improvements required to be made have been made within two (2) years from
the date the final or parcel map was recorded, or within the time allowed by agreement for
completion of the improvements, whichever is later; or
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(3) No lots shown on the final or parcel map or portion thereof have been sold within five (5)
years from the date such map was filed for record.
(g) Filing with the County Recorder. Upon approval of the reversion to acreage, the City Clerk or
City Engineer shall cause the final or parcel map to be transmitted, together with the City Council
resolution approving the reversion, to the office of the Orange County Surveyor for filing. Reversion
shall be effective upon the filing of the final or parcel map with the County Surveyor. Upon filing, all
public dedications and offers of dedication for public purposes not shown on the final or parcel map
shall be of no further force and effect.
Section 9-4.241 Maps for Condominium Purposes
(a) Applicability. Residential and non-residential condominiums maybe permitted as allowed by
the zone district and the requirements of this section, subject to approval of all related land use
entitlements. No residential apartment unit shall be converted for sale, transfer, or conveyance as a
community apartment project, stock cooperative project or condominium, without first obtaining
approval of a conditional use permit and a subdivision map in accordance with the applicable
provisions of this Land Use Code.
(b) Map required. A tentative tract map is required to create five or more condominiums, a
community apartment project containing five or more parcels, or the conversion of a dwelling to a
stock cooperative containing five or more dwelling units, pursuant to Government Code Section
66426. A tentative parcel map is required to create four or fewer condominiums, a community
apartment project containing four or fewer parcels, or the conversion of a dwelling to a stock
cooperative containing four or fewer units.
(c) Map contents. In addition to all the required information for a tentative parcel map or tentative
tract map, the map shall clearly indicate that the proposed subdivision is for the purpose of creating
condominiums, a community apartment project, or a stock cooperative project. The division of air
space need not be shown on the map, but information shall be provided on the tentative map or
other exhibits indicating building footprints, driveways and parking areas, common and private open
space areas, dedications and easements, and amenities.
(d) Notification.
(1) In addition to those notified of a public hearing in accordance with Section 9-2.302(f), all
tenants, if any, then occupying a proposed residential condominium conversion site shall be notified
regarding the proposed condominium conversion pursuant to Government Code Section 66474.2
and 66452,3 and as specified herein.
(2) A notice of intent to convert shall be delivered to each existing tenant's dwelling unit. The
form shall be as approved by the Planning Director and shall contain the name and address of the
current owner; name and address of the proposed subdivider; approximate date on which the
tentative map is proposed to be filed; information regarding the tenant's right to purchase; tenant's
right of notification to vacate; tenant's right of termination of lease; terms for provision of moving
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alt irlIiSSMkI3
expenses or purchase assistance; and other information as deemed necessary by the Planning
Director to ensure compliance with this chapter.
(e) Application requirements for residential condominium conversion. No tentative map for the
purpose of conversion will be accepted for filing unless it is accompanied by an application that, in
addition to the information required by the Subdivision Map Act and this Chapter, contains the
following information and documentation:
(1) A complete list of tenants, along with written documentation showing compliance with
notification requirements.
(2) Proposed assistance or financing program, if any, offered to present residents for the purpose
of subsequent unit purchase.
(3) Proposed relocation assistance offered by applicant to tenants, if any.
(4) A report of Feld test by a qualified independent testing agency as specified in the California
Building Code showing that the wall separation and the floor and ceiling separation between units
shall provide the same airborne sound insulation as required by the most current code requirements
adopted by the City. if the report shows that these standards are not met, then the applicant shall
indicate that he will complete improvements necessary to meet these requirements prior to any sale
of the converted units.
(5) A copy of the proposed Covenants, Codes and Restrictions (CC&R's) addressing
maintenance, together with an estimate of the initial assessment fees anticipated for such
maintenance; a description of a provision for maintenance of vehicular access areas within a
project; and an indication of appropriate responsibilities for maintenance of all utility lines and
services for each unit.
(6) A physical elements report containing the following information:
(A) A report detailing the condition and estimating the remaining useful life of each element of the
project proposed for conversion, including but not limited to roofs, foundations, exterior paint,
paved surfaces, mechanical systems, electrical systems, plumbing systems, swimming pools,
sprinkler systems, utility delivery systems, heating and air conditioning systems, fire protection
systems, and structural elements. Such report shall be prepared by an appropriately licensed
contractor or architect or by a registered civil or structural engineer other than the owner. For any
element whose useful life is less than five (5) yeas, a replacement cost estimate shall be provided.
(B) A structural pest control report, prepared by a licensed structural pest control operator
pursuant to Section 8516 of the Business and Professions Code.
(C) A building history report including the date of construction of all elements of the project; a
statement of the major uses of said project since construction; the date and description of each
major repair or renovation of any structural element since the date of construction; and a statement
regarding current ownership of all improvements and underlying land.
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(D) Failure to provide information required in subsections (i) through (iii) of this section shall be
accompanied by an affidavit, given under penalty of perjury, setting forth reasonable efforts
undertaken to discover such information and reasons why the information cannot be obtained.
(f) Development standards for residential condominiums and condominium conversions. All
units constructed prior to the adoption of this section shall be in substantial conformance with the
following development standards, and all units constructed subsequent to the adoption of this
section shall be in full compliance with said standards, as a condition of project approval.
(1) Each dwelling unit shall conform to current noise and energy insulation standards required by
the latest adopted California Building Code or other applicable law or regulation.
(2) Each unit shall have installed smoke detectors as required by the latest adopted edition of the
California Building Code.
(3) Off-street parking requirements shall be met pursuant to the applicable zone district and the
Land Use Code.
(4) A single designated area having a minimum of two hundred (200) cubic feet of enclosed,
weatherproof, lockable, private and secure storage space shall be provided for each unit. Said
storage area may be located within a garage, provided it does not interfere with garage use for
automobile parking and is located within a reasonable proximity to the unit. Customary closets and
cupboards within the dwelling unit shall not count toward meeting this requirement.
(5) No living units shall be permitted over garages unless the garage serves the unit above it, or
the garage is an underground parking area.
(6) At least one hundred (100) square feet of developed common recreation space shall be
provided per unit, but in no event less than one thousand (1000) square feet of such space shall be
provided to serve the condominium project. Such space shall provide for active recreational
activities, which may include but are not limited to play courts for tennis, basketball, racquetball,
handball, and similar sports; pools and spas; picnic areas; children's playgrounds; and other similar
facilities.
(7) Separate laundry facilities of sufficient size to allow for the installation of a clothes washer and
dryer shall be provided for each condominium unit. If provided within a garage, said laundry area
shall not encroach into required parking spaces.
(8) Each dwelling unit shall be separately metered for gas and electricity unless the City
approves a plan for equitable sharing of communal metering.
(9) A separate shut-off valve for natural gas, water, and electricity shall be provided within each
dwelling unit, unless utilities are provided by a homeowners association.
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(10) All permanent mechanical equipment, including domestic appliances, which is determined
by the Building Official to be a source or potential source of vibration or noise, shall be shock -
mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the
Building Official to lessen the transmission of vibration and noise.
(11) The water system shall comply with current fire flow requirements.
(12) All structures and buildings included as part of a condominium project shall conform to the
building and zoning requirements applicable to the zone in which the project is proposed to be
located. Designation of individual condominium units shall not be deemed to reduce or eliminate
any of the building and zoning requirements applicable to any such buildings or structures.
(13) A two (2) -hour fire rated separation sound attenuated wall shall be provided between
dwelling units.
(14) Illuminated addresses and, if required by the Planning Commission, directory maps for all
units shall be prominently displayed from appropriate public or private access within or adjacent to
the project.
(g) Information required for submittal of application. In addition to other application submittal
requirements, the following information shall be provided:
(1) Dimensions and location of each building or unit and the location of all fences and walls;
(2) Building elevations indicating the type of construction material, existing and proposed;
(3) Typical floor plans of existing units with square footages of each unit indicated and the
number of units per plan;
(4) The location, size, and design for all common areas, including all facilities and amenities
provided within the common areas for use by unit owners;
(5) The location, size, and layout of all storage space provided for each unit;
(6) Location and surfacing material and condition for all paved areas, including pedestrian
walkways;
(7) Parking plan showing location and dimensions of spaces allocated for each unit and distance
from the designated parking spaces to the units served;
(8) Location and design of trash enclosures;
(9) Landscape plan per city standards;
(10) Lighting plan;
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(11) Signage plan;
(12) Plan for maintenance of all buildings and common areas and facilities.
(h) Other requirements.
(1) Payment of fees. All development and impact fees currently in effect for new condominium
projects shall be required for condominium conversions, excepting any such fees that were paid
upon construction of the project.
(2) Written certification. The applicant shall provide written certification to the buyer of each unit
on the initial sale that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks,
and air conditioners that are provided are in working condition as of the close of escrow. At such
time as the homeowners' association takes over management of the development, the applicant
shall provide written certification to the association that any pool and pool equipment and any
appliances and mechanical equipment to be owned in common by the association is in working
condition.
(3) Tenant's right to purchase. As provided in Government Code Section 66427.1(b), any
present tenant or tenants of any unit shall be given a nontransferable right of first refusal to
purchase the unit occupied, at a price no greater than the price offered 10 the general public. The
right of first refusal shall extend for at least 60 days from the date of issuance of the final subdivision
public report or commencement of sales, whichever date is later.
(4) Vacation of units. Each nonpurchasing tenant, not in default under the obligations of the
rental agreement or lease under which he occupies his unit, shall have not less than 120 days from
the date of receipt of notification from the owner of his intent to convert or from the filing date of the
final subdivision map, whichever is later, to find substitute housing and to relocate.
(i) Exemptions. In the event that any of the property development standards required for the
conversion causes practical difficulties or is determined to be unnecessary or would result in
excessive costs, the Planning Commission may waive, reduce, or modify the requirement.
Article 3 Final and Parcel Map Processing
Section 9-4.301 General requirements.
The final or parcel map and any accompanying data or additional information required by the City
shall be prepared by or underthe direction of a registered civil engineer and licensed land surveyor
authorized to practice in the State of California.
Section 9-4.303 Final and parcel map form and content
The form and content of the final or parcel map shall conform to the Subdivision Map Act, City
standards, this chapter, and applicable standards imposed by the County of Orange for maps as
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established by the County Surveyor and Office of the Recorder. The final form and content of the
final or parcel map shall be to the satisfaction of the City Engineer.
Section 9-4.305 Submittal to and review by the City Engineer.
The City Engineer shall review all final and parcel map submittals for conformance with this
chapter, and may deem them incomplete and return all or portions of a submittal for reasons which
include, but are not limited to the following: incomplete submittal or filing; untimely submittal or
filing; non-conformance with the tentative map; non-conformance with this chapter; non-
conformance with City standards; errors or omissions on the final or parcel map, accompanying
data; or other additional information required by the City.
Section 9-4.307 Complete and timely final map filing with City Engineer
(a) The City Engineer shall determine that a complete and timely final map filing has been made
if he or she determines that, at a minimum, the following items have been received, prior to
expiration of the tentative map:
(1) Improvement plans approved by the City Engineer;
(2) Complete and accepted public improvements or acceptable subdivision improvement
agreement(s) and securities;
(3) Proof of payment of all applicable fees;
(4) Will serve letters from all applicable utilities and agencies;
(5) Non-interference letters from all applicable easement or title interest holders;
(6) Original and copies of all sheets of the final map in their required form and content;
(7) Proof of ownership of all affected properties;
(8) Subdivision guarantee from a title company, less than sixty (60) days old;
(9) Letter from all affected property owners requesting approval of the final map;
(10) Small scale map of the proposed subdivision;
(11) Written clearance from all affected City departments;
(12) Written clearance from all affected public agencies;
(13) Proof of payment of all delinquent assessments;
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(14) All applicable agreements or documents to be approved by the City Council or filed or
recorded concurrently with the map; and
(15) Any other applicable requirement of this chapter.
(b) Upon finding all statements and submittals complete and satisfactory in accordance with this
chapter, and after the map has been reviewed and recommended for approval; the City Engineer
shall sign the appropriate statements and transmit the original map and any other items requiring
City Council approval to the City Clerk within thirty (30) days of receipt of a complete filing, with a
recommendation of map approval.
Section 9-4.309 Final map approval by City Council
(a) The date the final or parcel map shall be deemed filed with the City Council shall be the date
of the next regularly scheduled meeting of the City Council following the date on which the City
Clerk receives the recommendation for map approval from the City Engineer. The City Council
shall consider approval of the subdivision improvement agreement and improvement security, and
any other required agreements, in conjunction with the approval of the final or parcel map. If any of
the items requiring City Council approval are deemed unacceptable by the City Council the City
Council shall instruct the City Engineer to secure corrections, according to their direction.
(b) The City Council shall approve or disapprove the subdivision improvement agreement,
improvement security and final or parcel map at the meeting at which it receives the map, or at the
next regular meeting following the meeting at which it received the map. If the City Council does
not approve or disapprove the map within this time period, or any authorized extension thereof, and
the map conforms to all requirements and rulings, it shall be deemed approved. The City Clerk
shall certify or state its approval thereon.
(c) The City Council shall not postpone or refuse approval of a final or parcel map because the
subdivider has failed to meet a tentative map condition requiring construction or installation of off-
site improvements on land which neither the subdivider nor the City has sufficient title or interest to
permit the improvements to be made. However, in such case, prior to final map approval, the
subdivider shall be required to enter into an agreement with the City to complete such
improvements, pursuant to Government Code Section 66462, upon acquisition of said title and
interest by the City. Upon entering into such agreement, the City shall acquire the subject property
interests in accordance with the provisions of Government code Section 66462.5. Failure of the
subdivider to execute such an agreement shall be cause for the City Council to postpone or refuse
approval of the final or parcel map.
(d) The City Council shall not deny approval of a final or parcel map if the City has previously
approved a tentative map for the proposed subdivision and if the City Council finds that the final or
parcel map is in compliance with the requirements of the Subdivision Map Act, this chapter, and the
approved tentative map.
Section 9-4.311 Filing with the County of Orange
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(a) Upon approval of the final or parcel map and subdivision improvement agreement by the City
Council, the City Clerk shall execute the appropriate statement on the statement sheet and shall,
subject to the provisions of Government Code Section 66464, cause the map to be transmitted to
the Office of the Orange County Surveyor for final review, and then to the Orange County Office of
the Recorder for filing. The final or parcel map and any separate documents, if required, shall be
filed concurrently.
(b) If, for any cause of the subdivider, the final or parcel map is not recorded by the County
Recorder within 180 days from the date the City Council approved the final or parcel map, then the
City Council's approval of the final map shall be automatically rescinded, and appropriate bonds or
sureties will be returned to the subdivider, as determined by the City Engineer. If the tentative map
has expired, the unit of land previously affected by the final or parcel map will automatically revert to
its pre -map configuration. If the tentative map has not yet expired, then the tentative map will be
considered in effect, except that such action shall not alter the expiration date of the tentative map.
Section 9-4.315 Corrections and amendments of final maps.
(a) General Requirements. After a final or parcel map is filed for record in the office of the
County Recorder, it may be amended by a certificate of correction or an amending map for any of
the following purposes:
(1) To correct an error in any course or distance shown thereon;
(2) To show any course or distance that was omitted therefrom;
(3) To correct an error in the description of the real property shown on the map;
(4) To indicate monuments set after the death, disability, retirement from practice, or replacement
of the engineer or surveyor charged with the responsibilities for setting monuments;
(5) To show the proper location or character of any monument that has been changed in location
or character, or originally was shown at the wrong location or incorrectly as to its character; or
(6) To correct any other type of map error or omission as approved by the City Engineer, which
does not affect any property right. Such errors and omissions may include, but are not limited to, lot
numbers, acreage, street names and identification of adjacent record maps. For purposes of this
section, an "error" does not include changes in courses or distances from which an error is not
ascertainable from the data shown on the final or parcel map.
(b) Form and content of amendments. The amending map or certificate of correction shall be
prepared in a manner approved by the City Engineer, and the form and content shall conform to the
applicable requirements of Government Code Section 66470.
(c) Submittal and approval by City Engineer. The amending map or certificate of correction,
completed as to final form, shall be submitted to the City Engineer for examination. The City
Engineer shall make the following determination:
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(1) If the only changes made are those set forth in paragraph (a) of this section, then the City
Engineer shall certify to this fact on the amending map or certificate of correction, within the time
period specified in Government Code Section 66471.
(2) If the City Engineer determines that proposed changes are beyond the scope of the changes
listed in paragraph (a) of this section, the amending map or certificate of correction must be
submitted to the City Council for review and approval, pursuant to Government Code Section
66472.1 and paragraph (d) of this section.
(d) City Council approval required. A certificate of correction or an amending map may be used
to make modifications to a final or parcel map filed with the Office of the County Recorder when
there are changes that are beyond the scope of the changes listed in paragraph (a) of this section,
that make any or all of the conditions of the map no longer appropriate or necessary, when the
modifications do not impose any additional burden on the present fee owner of the property, and
when the modifications do not alter any right, title or interest in the real property reflected on the
recorded map. The modifications shall be set for public hearing by the City Council, who shall
confine the hearing to consideration of, and action on, the proposed modification and issues related
thereto.
(e) Filing with the Office of the County Recorder. After approval of the certificate of correction by
the City Engineer, or the amending map by the City Council, the City Engineer or City Clerk shall
cause the document to be transmitted to the Office of the Orange County Surveyor for final review,
and then to the Orange County Office of the Recorder for filing. Thereupon, the original map shall
be deemed to have been corrected, and thereafter shall impart all corrections in the same manner
as though set forth on the original map.
Article 4 Lot Mergers, Lot Line Adjustments, Certificates of Compliance
Section 9-4.401 Lot Mergers
(a) Any contiguous parcels or units of land held under common ownership may be merged at the
request of the property owner(s), pursuant to Government Code Section 66499.20 3/4 and this
section. Approval and recordation of a final or parcel map over previously subdivided property shall
be deemed to have merged those properties and this section shall have no applicability in that
instance.
(b) Record owner(s) of contiguous lots may file a request with the City Engineer to merge said
contiguous parcels. The request for merger shall be made on a form prescribed by the City
Engineer, and accompanied by a fee as established by City Council resolution.
(c) The City Engineer, in consultation with the Planning Director, may approve a voluntary lot
merger only if it is determined that:
(1) Dedications or offers of dedication to be vacated or abandoned by the lot merger are
unnecessary for present or future public purposes, or that any dedications or offers of dedication
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which are necessary for present or future public purposes are preserved on the merged parcels;
and
(2) All owners of an interest in the real property within the subdivision have consented to the lot
merger.
(d) The City Engineer may require as conditions of the lot merger:
(1) That all or a portion of previously paid subdivision fees, deposits or improvement securities be
retained if they are necessary to accomplish any of the provisions of this chapter;
(2) Payment of any additional fees necessary to accomplish any of the provisions of this chapter;
and .
(3) Such other conditions as are necessary to accomplish the purposes or provisions of this
Code or are necessary to protect the public health, safety, or welfare.
(e) A voluntary lot merger shall become effective when the City Engineer causes a notice of
merger to be filed with the County Recorder.
Sec. 9-4.403. Lot line adjustments.
(a) A lot line adjustment between two (2) or more existing adjacent parcels, where the land taken
from one parcel is added to an adjacent parcel, and where a greater number of parcels than
originally existing is not thereby created, shall be reviewed in accordance with the provisions of this
section.
(b) Applications for lot line adjustment shall be filed with the Department of Engineering and
Building Services on forms prescribed by the City Engineer, and shall be reviewed and approved by
the City Engineer in consultation with the Planning Director.
(c) Review by the City Engineer and Planning Director shall be limited to whether or not the
parcels resulting from the proposed lot line adjustment will comply with the General Plan, Land Use
Code, and California Building Code adopted by the City.
(d) No record of survey shall be required, unless required by Section 8762 of the Business and
Professions Code.
(e) The City Engineer shall approve the lot line adjustment if it is determined that the proposed lot
line adjustment is consistent with the General Plan and Land Use Code, that it will not create non-
conforming buildings or lots pursuant to the building code, and that the survey data is accurate and
complete.
(f) Filing with the County Recorder. Upon approval of the lot line adjustment pursuant to this
section, the City Engineer shall file with the County Recorder a certificate of compliance of the
affected parcels and a plat map showing the revised lot lines.
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Section 9.4.405 Certificates of Compliance.
(a) Any person owning real property may request the City Engineer, in consultation with the
Planning Director, to determine whether a lot or parcel was lawfully created in compliance with the
Subdivision Map Act or predecessor law and this Title, as of the date the lot or parcel was created.
A written application for a certificate of compliance shall be accompanied by the applicable fee and
a preliminary title report not more than six (6) months old that shows the legal owners of the
property.
(b) City Engineer review of request for certificate of compliance.
(1) If the City Engineer determines that the real property complies with the provisions of the
Subdivision Map Act and this Title, the City Engineer shall file a certificate of compliance for record
with the Office of the County Recorder. The certificate of compliance shall identify the real property
and shall state that the division thereof complies with the provisions of the Subdivision Map Act and
the Land Use Code of the City of San Juan Capistrano.
(2) If the City Engineer determines that the lot or parcel does not comply with the provisions of
the Subdivision Map Act or this Title at the time the owner acquired his or her interest in the
property, the City Engineer may, as a condition of granting the certificate of compliance, impose
conditions to bring the lot or parcel into compliance with the City's standards that were in effect at
the time of the property owner's acquisition of the property.
(3) If the City Engineer determines that the lot or parcel was created in violation of the
Subdivision Map Act or this Title, and the current owner was the owner at the time of the illegal
subdivision, the City Engineer may, as a condition of granting a certificate of compliance, impose
conditions that would be applicable to a current division of property.
(4) Prior to issuing a conditional certificate of compliance, the City Engineer shall comply with the
requirements of the California Environmental Quality Act and the City's CEQA Guidelines, to the
extent required if the conditions of the certificate are likely to have a potential impact on the
environment, and shall comply with applicable notice and hearing requirements, if the decision may
affect the interests of surrounding property owners.
(5) Upon the City Engineer's making such a determination and establishing such conditions, the
City Engineer shall file a conditional certificate of compliance for record with the Office of the County
Recorder. Such certificates shall serve as notice to the property owner, or any subsequent
transferee or assignee of the property, that the fulfillment and implementation of such conditions
shall be required prior to subsequent issuance of a permit or other grant of approval for
development of the property. Compliance with such conditions shall not be required until such time
as a permit or other grant of approval for development of such property is issued by the City.
(6) The content and format of a certificate of compliance shall comply with City standards and
Government Code Section 66499.35. The city may process applications for certificates of
compliance for multiple parcels with a single certificate of compliance, pursuant to Government
Code Section 66499.35(f).
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(c) Official maps constitute certificate of compliance.
(1) A recorded final map or parcel map shall constitute a certificate of compliance with respect to
the parcels of real property described therein.
(2) Subject to the provisions of Government Code Section 66499.35(e), an official map prepared
pursuant to Government Code Section 66499.52(b) shall constitute a certificate of compliance with
respect to the parcels of real property described therein.
(d) The granting of a certificate of compliance for any lot or parcel shall not relieve the property
ownerfrom compliance with all applicable development and building standards adopted by the City,
and shall not be interpreted as approval to build on any such lot or parcel without first obtaining all
required approvals and permits, and complying with all applicable code requirements.
NOTE: Remainder of this Chapter to be renumbered; no changes to text proposed.
Page 29 of 54 EXHIBIT B
Ordinance 938
Article 5, Design Standards and Requirements
Sec. 9-4.501. Applicability of provisions.
(a) Subdivisions. The design standards set forth in this article shall be used in the design of
subdivisions. The specific design criteria set forth in this article shall be used as the basis for
design, and specific design parameters shall not be exceeded during design. Where referenced,
design shall be based upon, and in conformance with, certain publications. Conformance with the
design standards of the City shall not alone satisfy the requirements for the approval of plans. In
addition, design shall be in conformance with standard engineering practices. All street
improvement plans, including plans for water, sanitary sewers, and storm drains, shall be prepared
and signed by a civil engineer registered in the State. All final maps and parcel maps shall be
prepared and signed by a civil engineer registered in the State or a land surveyor licensed in the
State. All building and on-site improvement plans shall be prepared and signed by a civil engineer,
structural engineer, or architect registered in the State. Where provided for by law, buildings may be
designed by building designers licensed in the State. All landscaping plans shall be prepared and
signed by a landscape architect registered in the State.
(b) Other development projects. The provisions set forth in subsection (a) of this section shall
apply to all other development projects within the City for which a subdivision is not requested nor
required. Where a project is of such an unusual nature that design standards and parameters have
not been set forth in this chapter, the City Engineer shall establish such standards and parameters
consistent with standard engineering practices. (§ 2, Ord. 869)
9-4.503
Sec. 9-4.505. Bicycle and equestrian trails.
(a) Design standards.
(1) Bicycle and equestrian facilities identified in the General Plan shall be constructed and
dedicated to the City by the developer as public use easements.
(2) All lots within subdivisions where the keeping of horses is permitted shall be provided access
to equestrian public use easements whenever possible.
(3) Bicycle trails shall only be required for subdivisions containing 200 or more parcels and shall
be constructed of asphalt concrete or portland cement concrete. The minimum section for asphalt
concrete bicycle trails shall be seventeen hundredths (0.17) feet of asphalt concrete over thirty-
three hundredths (0.33) feet of aggregate base or thirty-three hundredths (0.33) feet of asphalt
concrete over native soil. The minimum section for portland cement concrete bicycle trails shall be
thirty-three hundredths (0.33) feet over native soil. Pavement and aggregate base shall be per the
recommendations of a soils engineer and approved by the City Engineer.
(4) Bicycle lanes shall be lanes within improved roadways for the use of bicycles only. Vehicle
parking in such areas shall be prohibited. Such lanes shall be clearly marked with signs and
pavement striping as required by the City Engineer.
(5) Equestrian trails shall be designed in accordance with the adopted Equestrian/Hiking Trails
Design Manual.
Page 30 of 54 EXHIBIT B
NOa-_04• IC
(6) The general widths and grades of the various trails are prescribed in Table 4-1 as set forth in
this subsection.
Table 4-1
Standards for Bicycle and Equestrian Trails
Facility
Minimum
Easement Width
Maximum Grade
Bicycle Trails
10 feet
6%
(off-road)'
Bicycle Lanes
8 feet
Match road grade
(in public
roadways)
-
.........
Hiking/Equestrian
20 feet
8% if natural
Trails
surface and 5%
(General Plan)"
where trail crosses
.__
paving or is treated
Hiking/Equestrian
10 feet
8% if natural
Trails
surface and 5%
(feeder)"
where trail crosses
Paving or is treated
May be reduced to 8
feet if restricted to travel in one direction.
Over 8%, switchbacks may be used. This may result in trails wider than noted.
(b) Routing. The routing of trails shall provide a safe area for hiking, bicycle traffic, and
equestrian traffic. Wherever possible, such means of travel shall be separated from vehicular and
normal pedestrian traffic. Conflicts between various modes of travel shall be kept to a minimum.
Such conflicts shall be accepted by the City only when alternative paths or trails are not available.
For the purposes of this subsection, "conflicts' shall mean those areas where different modes of
travel cross. The combined use of bicycle trails and equestrian trails shall not be approved unless
significant environmental impacts would result from an alternate design. Hiking/equestrian and
bicycle trails that cross arterial streets shall be at signalized or traffic controlled intersections.
(c) Improvements and dedications. Bikeways and equestrian/hiking trails shall be constructed as
set forth in subsection (a) of this section. All bike trails, General Plan, and feeder equestrian/hiking
trails shall be dedicated to the City.
Dedicated facilities shall conform to the following requirements:
(1) Where bicycle, hiking, and equestrian trails have been prescribed by the General Plan, and
where such routes are within property to be developed, or contiguous thereto, the developer shall
construct and dedicate such facilities as public use easements.
(2) The developer shall construct feeder, bicycle, and equestrian trails to the master planned
facilities from developments generating bicycle, hiking, or equestrian traffic as determined by
adopted City Council Policy.
(3) Trails within developments may be constructed and dedicated as public use easements to the
City as required by the nature of the development and as determined by the City Council.
(4) All trails to be dedicated to the City, and located outside of public rights-of-way, shall be fully
contained within easements granted to the City for access, maintenance, and the intended use. The
widths of such easements shall conform to the width of the path or trail prescribed in this section.
Page 31 of 54 EXHIBIT B
Ordinance 938
Table 4-1 specifies the minimum widths required. Improvement plans shall not be approved until
such easements have been recorded with the County Recorder.
(5) The following provisions will be required of all subdivisions developed with General Plan or
feeder equestrian/hiking trails:
(A) The developer shall design, improve, and dedicate to the City all General Plan
equestrian/hiking trail alignments within the subdivision.
(B) The developer shall improve and convey all feeder equestrian/hiking trails to the homeowner
association as a public use easement for all lots within the subdivision. The homeowner association
shall irrevocably dedicate such easements to the City and shall execute and record, in the Office of
the County Recorder of the County of Orange, an agreement binding the association, its successors
and assigns to keep and maintain such trails to the City standards. The following provisions shall be
included within the CC&R for the subdivision:
(i) Provision for maintenance of all equestrian/hiking feeder trails by the homeowner association.
If the developer and City agree that a General Plan trail should be maintained by the homeowner
association, provisions (ii), (iii) and (iv), following, shall also apply to said General Plan trail;
(ii) Provision requiring City approval of any amendment to the CC&R that will, in any manner,
affect the integrity of the feeder trail design standards, the feeder trail system, or its level of
maintenance;
(iii) Provision requiring that all trail maintenance conforms to the "Maintenance Standards' as per
the City's adopted Equestrian/Hiking Trail Design Manual;
(iv) Provision within the CC&R that gives the City the right to assume maintenance of the
equestrian/hiking feeder trails if the City determines that the homeowner association has not
maintained the equestrian trails at the minimum standards per the adopted Equestrian/Hiking Trail
Design Manual. Furthermore, if the City assumes maintenance of the trail system, all costs,
including administration, shall become a lien on each property or residential lot within the
subdivision.
(C) The developer of any subdivision having no homeowner association shall be responsible for
construction and maintenance of the feeder trails until the individual property is transferred to the
individual owners. The developer shall record deed restrictions on each lot such that the individual
property owner shall be responsible for maintenance of that portion of the equestrian trail easement
traversing the lot. The restrictions shall include a clause that "....if the individual property owner
does not maintain the trail per the minimum standards of the adopted Equestrian/Hiking Trail
Design Manual, the City has the right to assume maintenance of the trail system; all costs, including
administration, shall become a lien on the property." Furthermore, reciprocal easements shall be
granted to each and every lot owner for use of said equestrian trail easement(s).
(D) All trails shall be designed and improved in accordance with the adopted Equestrian/Hiking
Trail Design Manual. The design and improvements are to be included as a part of the grading plan
which is to be reviewed and approved by the City prior to the recordation of a final map. All trail
improvements are to be installed and certified by the City as to conformance with approved plans
prior to release of any use and occupancy permit.
(E) Private bikeways and equestrian trails. Private bikeways and equestrian trails may be
permitted if outside the public right-of-way. Such facilities shall conform to all of the following
criteria:
(i) The facility shall not be prescribed by the General Plan.
Page 32 of 54 EXHIBIT B
Ordinance 938
(ii) The facility shall be constructed in accordance with the requirements of this section. Width
reductions for equestrian trails may be approved by the City Engineer; but no equestrian trail shall
be less than ten (10) feet wide. Width reductions for bikeways shall not be permitted.
(iii) The facility shall not create an undue risk to the public safety.
(iv) The facility shall not be in conflict with adjacent properties.
(v) Proof of the intention and ability to maintain the facility shall be provided the City Engineer in
the form of legal documents fixing such responsibility. (§ 2, Ord. 869)
Sec. 9-4.507. Conformity of boundaries with surrounding property.
Developers of properties are responsible for insuring that a project's boundaries blend with
surrounding properties. Phased projects shall not leave boundaries in an unfinished manner in
anticipation of the resumption of work in future phases. The condition of boundaries shall be clearly
indicated on tentative maps, grading plans, and improvement plans and shall meet the
requirements of the City. Such requirements shall include, but not be limited to, the following:
(a) Slopes shall be landscaped and maintained until the assumption of responsibility by the
property owners;
(b) Dead-end streets shall be barricaded;
(c) Drainage facilities shall be installed to prevent erosion;
(d) Construction materials shall not be stockpiled adjacent to boundaries;
(e) A general cleanup in the area of the boundary shall be conducted to remove refuse and
waste materials;
(f) Soil, sand, and aggregate shall not be stockpiled near a boundary;
(g) Streets shall be swept and cleaned by the developer where construction work has
necessitated such efforts;
(h) Fencing may be required to prevent easy access to areas which are considered dangerous to
the general public;
(i) The developer shall be required to deposit funds or post bonds to insure the completion of the
work adjacent to a project's boundaries;
Q) Individual lot property lines shall be at the top of slopes; and
(k) The tentative tract map, tentative parcel map, or site plan shall indicate the effect a project
has upon the view from all adjacent, properties. Adverse effects may be grounds for the denial of a
project. Such effects shall be indicated in a manner acceptable to the City but at least shall consist
of the necessary cross sections. (§ 2, Ord. 869)
Sec. 9-4.509. Drainage.
(a) Design standards. Drainage facilities shall be designed using flows derived from the rational
method. The exact determination of the design flows for local facilities shall be based upon a 25 -
year storm and computed in accordance with the Orange County Hydrology Manual, as last revised,
of the Orange County Flood Control District. All facilities shall also conform to the current Master
Plan of Drainage for the San Juan Capistrano -Capistrano Beach Area. In addition, the drainage
system design shall be in compliance with the most recently adopted NPDES (National Pollution
Discharge Elimination Standards) by the City and San Diego Regional Water Control Board.
Page 33 of 54 EXHIBIT B
Cali: � .UYIibI�kI:3
All materials and methods of construction shall conform to the Standard Specifications and the
Standard Plans of Orange County, as last revised. The minimum internal diameter for drainage
pipes to be dedicated to the City shall be eighteen (18) inches.
(b) General requirements. The following requirements shall apply:
(1) Developers shall pay all acreage drainage fees in accordance with the Master Plan for
Drainage for the San Juan Capistrano -Capistrano Beach Area and applicable City fee schedules.
(2) Developers shall prepare the necessary improvement plans and construct all the necessary
drainage facilities to the satisfaction of the City Engineer. For the purposes of this subsection,
"necessary drainage facilities" shall mean all channels (open or closed), catch basins, manholes,
junction structures, desilting basins, energy dissipators, and the appurtenant equipment and
structures necessary to remove surface water from the land to be developed.
(3) For the purposes of this subsection, "surface water removal' shall mean the interception of all
surface water which has historically arrived onto the property and discharging such water from the
property. The water discharged shall be delivered to adjacent properties in a manner consistent with
NPDES and to the satisfaction of the City Engineer. Developers shall bear the total responsibility for
such interception and discharge of surface waters.
(4) Developers shall be responsible for the acceptance and discharge of surface waters during
construction. Interim drainage facilities may be required by the City Engineer, subject to compliance
with the most recently adopted provisions for NPDES.
(c) Reimbursement agreements. All facilities indicated within the Master Plan of Drainage for the
San Juan Capistrano -Capistrano Beach Area, and within the property to be developed or
contiguous thereto, shall be constructed by the developers at their expense. Those costs for the
construction of facilities within said Master Plan which are in excess of the funds deposited for the
acreage drainage fees may be reimbursed to the developer by means of a reimbursement
agreement. If the City enters into such an agreement, a public hearing shall be held to determine
the funds required and the area of benefit from the drainage facilities. A copy of the standard City
reimbursement agreement is on file and available at the City offices.
(d) Dedications. Drainage facilities constructed within public rights-of-way shall be dedicated to
the City. Drainage facilities outside of public rights-of-way may be required to be dedicated to the
City. All closed drainage facilities outside public rights-of-way joining City drainage facilities shall be
dedicated to the City. Open channels collecting local surface drainage shall not be dedicated to or
maintained by the City, except in unusual cases as determined by the City Engineer. All facilities to
be dedicated to the City outside public rights-of-way shall be constructed within exclusive
easements granted to the City for access and maintenance purposes. Vehicular access within such
easements shall be provided by the developer as approved by the City Engineer. No boundary of
any such easement shall be less than ten (10) feet from the center line of the drainage facilities to
be dedicated to the City. In addition, such easements shall be configured in such a manner that
maintenance can be conducted without encroaching upon private property. All such easements
shall be recorded with the County Recorder prior to the approval of the improvement plans. (§ 2,
Ord. 869)
Sec. 9-4.511. Driveways.
(a) Location and width.
(1) All driveways. The total width of the driveway shall not exceed sixty (60) percent of the
property frontage, and the frontage length, minus the driveway, shall not be less than twenty (20)
Page 34 of 54 EXHIBIT B
Ordinance 938
feet. Such percentages and frontage requirements shall not apply in the case of panhandle or
irregularly-shaped lots. Such lots shall maintain the minimum driveway width requirement, plus a
minimum of two (2) feet of full -height curb between the driveway and property line on both sides.
Driveways shall be designed consistently with the City standard plans.
(2) Residential driveways. Residential driveways shall be constructed between twelve (12) feet
and twenty-eight (28) feet in width. For the purposes of this subsection, "width" shall mean the flat
portion of the driveway and shall not include the grade transitioning to a full -height curb at the
depressed approach. A minimum distance of twenty-four (24) feet of full -height curb shall be
maintained between driveways on the same property, and two (2) feet of full -height curb shall be
maintained between the property line and a driveway, except where common driveways serving two
contiguous parcels.
There shall be at least ten (10) feet of full -height curb between a curb return and a driveway.
(3) Commercial and industrial. Commercial and industrial driveways shall be constructed
between fourteen (14) feet and thirty-five (35) feet in width. A minimum curb return radius of six (6)
feet shall be provided. A minimum distance of 110 feet away from the centerline of any other
driveway as measured along the ultimate right-of-way lines of an abutting street shall be provided.
The centerline of a driveway shall be a minimum of 200 feet from the centerline of any other street
opening.
(b) Materials. Driveways within public rights-of-way shall be concrete. The only exception shall be
in the Agri -Business (A), Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -
40,000 (RSE-40,000), and Single -Family -20,000 (RSE-20,000) Districts where equestrian trails are
located in the rights-of-way and where local rural streets are permitted. On-site driveways shall be
constructed of asphalt, concrete, or a non -erodible material approved by the City Engineer.
Residential driveways in the Single -Family -10,000 (RS -10,000), Single -Family -7,000 (RS -7,000),
Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000
(RG4,000), Multiple -Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park
(MHP), and Planned Community (PC) Districts shall be constructed entirely of concrete, except at
hiking/equestrian trail crossings. (§ 2, Ord. 869)
Sec. 9-4.513. Graded slopes.
(a) General requirements.
(1) The requirements of this section are in addition to the requirements of Chapter 2 of Title 8 of
this Municipal Code and Section 9-2.323 Grading Plan Review.
(2) Cut or fill slopes shall be no steeper than a ratio of 2:1 or two (2) feet horizontal to one foot
vertical. All grading plans having slopes of a vertical height equal to or greater than five (5) feet
and/or involving the movement of 5,000 or more cubic yards of soils shall be prepared by a civil
engineer registered in the State. Where vertical heights are ten (10) feet or greater the grading
plans shall be accompanied by a landscaping plan, including an automatic irrigation system. Such
landscaping plans shall be prepared by a landscape architect registered in the State. All plans shall
be submitted to the City for review and approval. A geotechnical report, which contains a soils
condition analysis and subsurface geological analysis shall be prepared in accordance with City
guidelines and most recently adopted State of California seismic hazards maps.
(3) Grading within the Hillside Residential (HR) District shall be consistent with the hillside
grading requirements included in subsection (C)(2) of Section 9-3.301 Residential Districts.
(b) Terraces and vertical curves.
Page 35 of 54 EXHIBIT B
Ordinance 938
(1) Terraces. All slopes thirty (30) feet or more in vertical height shall be terraced at their mid -
height. The vertical distance between terraces shall not exceed thirty (30) feet. The terraces shall
have a minimum width of six (6) feet, but shall not exceed twenty (20) feet in width. Terraces shall
be sloped from the top of the lower slope to the toe of the upper slope at a grade of ten (10)
percent. Drainage channels shall be placed on the terrace a distance of one foot from the toe of the
upper slope. The terrace shall change grade at least once every 200 horizontal feet to provide an
undulating and natural appearance, but the average lateral grade shall be at least six (6) percent.
The channel shall be so dimensioned as required by hydraulic design but shall not exceed six (6)
feet in width and three (3) feet in depth. No drainage facility shall carry surface water tributary from
an area exceeding 13,500 square feet (projected). Open downdrains may be positioned
perpendicular to a slope and constructed of a material having a natural appearance, including
earthtoned concrete. Such slope requirements are illustrated in Figure 4-1.
Figure 4-1, Typical Slope Section
(2) Vertical curves. All slopes ten (10) feet or more in height shall have vertical curves placed at
the top of the lower slope at the terraces. There shall be no vertical curve at the toe of the upper
slope at the terraces. The length of all such vertical curves shall equal one-half (1/2) the total
vertical height of the slope but shall not be less than ten (10) feet nor more than thirty (30) feet.
Vertical curves at the terraces shall not exceed twenty-eight (28) feet in length. For the purposes of
this section, "toe of the slope" shall mean the beginning vertical curve point at the bottom of the
slope. For the purposes of this section, "top of the slope" shall mean the end vertical point at the top
of the slope. For the purposes of this section, "width of a terrace" shall mean the distance between
the toe of the upper slope and the vertical point of the intersection of the tangents of the lower slope
and the terrace. Such slope requirements are illustrated in Figure 4-1.
(3) Exceptions. Slopes having a horizontal to vertical ratio equal to or greater than five (5) to one
(1) shall not require terraces or vertical curves.
(c) Cut slopes and fill slopes combined prohibited. Cut slopes and fill slopes combined shall not
be permitted. In slope areas that would have combination cut/fill slopes, all cut slopes shall be
overexcavated and replaced with a fill slope design in accordance with the engineering geologist
and approved by the City Engineer.
(d) Design standards for setbacks. The toes and tops of cut and fill slopes shall be set back from
the property lines. For the purposes of this section, "toes and tops of the slopes" requiring vertical
curves as set forth in this section shall mean the end curve point of the vertical curve. Retaining
walls may be used on cut and fill slopes when designed by a registered structural or civil engineer.
The faces of retaining walls shall be considered the toes of the slopes for setback purposes.
(e) General design standards.
(1) The overall shape, height, and grade of any cut or fill slope shall be developed in concert with
the existing contours and scale of the natural terrain of a particular site.
(2) Where two (2) cut or fill slopes intersect, the ends of each shall be horizontally rounded and
blended with a minimum radius of twenty-five (25) feet.
(3) Where any cut or fill slope meets 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.
(4) Where any cut or fill slope exceeds 100 feet in horizontal length, the horizontal contours of
the slope shall be curved in a continuous undulating fashion with radii no greater than 300 feet.
Page 36 of 54 EXHIBIT B
Ordinance 938
(5) All street sections within twenty (20) feet or less from the toe of a slope ten (10) feet in height
or more, shall be shown and marked on the plan. These sections shall be protected from
underground seepage by cut-off subdrain barriers in accordance with adopted City standards.
(6) Detailed landscaping plans shall be implemented for all cut orfill slopes in excess of three (3)
feet in height.
(7) Detailed landscaping and irrigation plans shall be implemented for all slopes in excess of ten
(10) feet in height.
(8) The planting and irrigation of all slopes in excess of fifteen (15) feet in height shall be
commenced in accordance with the approved plans immediately upon the completion of the rough
grading operations.
(9) The planting and irrigation of all slopes less than fifteen (15) feet in height shall be
commenced in accordance with the approved plans immediately upon the completion of the finish
grading operations.
(10) All planting and the irrigation of slopes shall be completed and approved by the City prior to
the issuance of occupancy permits.
(11) The applicant and/or developer shall be responsible for the maintenance and upkeep of all
slope plantings and irrigation systems until such time as the individual properties and dwellings are
occupied or until a homeowner association accepts the responsibility to maintain the landscaping in
common areas. (§ 2, Ord. 869)
Sec. 9-4.515. Irregular and cul-de-sac lots.
The provisions of this section establish the procedures for the determination of lot size and
setback requirements for unusually -shaped and cul-de-sac lots. The actual minimum lot areas and
setbacks are described in Chapter 3 Zoning Districts and Standards of this title.
(a) Irregularly-shaped lots. Setback distances shall be determined by establishing a setback area
equal in width to the setback requirements of Chapter 3 Zoning Districts and Standards of this title.
Such setback area shall not be encroached upon by any nonpermitted structure, as set forth in
Chapter 3 Zoning Districts and Standards of this title.
The setback area shall be determined as follows:
(1) Figure 4-2 illustrates the method of setback requirements.
Figure 4-2, Irregular Lot Setbacks
(2) The front setback area shall be determined by the front property line, and the setback line
shall be located within the property at the prescribed setback distance and parallel to the front
property line.
(3) The rear setback area shall be determined by the rear property line, and the setback line shall
be located within the property at the prescribed setback distance and parallel to the rear property
line.
(4) The side setback areas shall be determined by the side property lines, and the setback lines
shall be located within the property at the prescribed setback distance and parallel to the side
property line.
(5) At corners where the side setback areas intersect with the front or rear setback areas, the
point of intersection of the setback lines shall describe the limits of the setback area.
(6) Long and narrow portions of irregularly-shaped lots used for access to the main portion of the
lot shall not be considered in establishing setback areas, nor shall they be credited for meeting the
Page 37 of 54 EXHIBIT B
Ordinance 938
total area requirement of a lot. The minimum width of the driveway shall be either that required by
Orange County Fire Authority or this title, which ever is greater.
(7) Where the front property line is not readily apparent, it shall be determined as follows:
(A) Lots set back from the public right-of-way with long narrow portions for access shall have that
line, or series of lines, joining such a portion established as the front property line.
(B) On through lots, the front property line shall be that property line through which access to the
property is gained.
(C) For corner lots and in cases where the front lot line is not clearly identifiable under subsection
(A) or (B) of this subsection, the Planning Director shall determine the front lot line. The Planning
Director shall use the following criteria in making such determinations:
(i) The orientation of the existing buildings on adjacent lots;
(ii) With corner lots, the possible different classification and function of the two (2) intersecting
streets, for example, if one street is local and the other is arterial, the access and front lot line
should normally be on the local street;
(iii) The topography and orientation of the buildable portion of the lot; and
(iv) The practice, in the design of subdivisions, of orienting most corner lots so that the shortest
exterior property line is the front property line.
(8) Where the rear property line is not readily apparent, it shall be interpreted as that property
line, or series of lines, most closely parallel to the front property line.
(9) Where the side property lines are not readily apparent, they shall be interpreted as the two (2)
property lines, or series of lines, joining the front and rear property lines.
(10) The Planning Director shall interpret the designation of property lines where a clear and
obvious interpretation is not possible.
(b) Cul-de-sac lots.
(1) Front yard setbacks. The front yard setback for cul-de-sac lots shall be determined in the
same manner as for other lots, that is, the required minimum horizontal distance between the
building line and the ultimate street right-of-way line.
(2) Minimum street frontage. The front chord length of the central angle describing the front
property line shall not be less than sixty-seven (67) percent of the minimum street frontage as
described in Article 3 Base District Regulations/Standards of Chapter 3 of this title. The side yard
and rear yard setbacks shall be determined as set forth in subsection (a) of this section. The area of
the lot shall be based upon the total area encompassed by the property lines, regardless of the
property shape. The setback requirements for cul-de-sac lots are illustrated in Figure 4-3.
Figure 4-3, Cul -de -Sac Lot Setbacks (§ 2, Ord. 869)9-4.315
Sec. 9-4.517. Monumentation.
(a) Boundary monuments. Each final map shall indicate durable monuments of not less than two
(2) inch iron pipe at least eighteen (18) inches long found or set at or near each boundary corner
and at intermediate points, approximately 1,000 feet apart, or at such lesser distance as may be
necessary by topography or culture to insure accuracy in the reestablishment of any point or line
without unreasonable difficulty. The precise position and character of each monument shall be
shown on the final map, together with the approximate elevation of the top of each such monument
with respect to the surface of the ground.
Page 38 of 54 EXHIBIT B
Ordinance 938
(b) Lot monuments. All lot corners shall be monumented with not less than a three-fourths (3/4)
inch iron pipe or by offset monuments as approved by the City Engineer.
(c) Center line monuments. Street, alley, and way center line monuments shall be set to mark the
intersections of streets, intersection of streets with alleys or ways, intersections of alleys with alleys
or ways, and at the intersection of any street, alley, or way with a tract boundary. Street center line
monuments shall also be set to mark either the beginning and end of curves or the points of
intersection of the tangents thereof. Such center line monuments shall be of not less than two (2)
inch iron pipe at least eighteen (18) inches long set in the subgrade.
(d) Center line monuments --Notes to be furnished. For each center line intersection monument
set, the engineer or surveyor under whose supervision the survey has been made shall furnish to
the City Engineer a reproducible set of notes showing clearly the ties between such monuments
and a sufficient number, not less than four (4), of durable distinctive reference points of the
monuments. Such reference points may be lead and tacks, PK nails, or three-fourths (3/4) inch iron
pipe not less than sixteen (16) inches long in which is secured a tag bearing the surveyor's or
engineer's registration number, or such substitute therefor, as is not likely to be disturbed and is
approved by the City Engineer.
The set of notes furnished shall be.drawn in ink on eight and one-half (8 1/2) inch by eleven (11)
inch sheets of reproducible polyester film and shall conform to the standardized office records of the
City Engineer.
(e) Identification marks. All monuments set as required by this section shall be permanently
marked or tagged with the registration or license number of the civil engineer or land surveyor under
whose supervision the survey was made.
(f) Inspections. All monuments shall be subject to inspection and approval by the City Engineer.
(§ 2, Ord. 869)
Sec. 9-4.519. Parkland.
(a) Authority. The provisions of this section are enacted pursuant to the authority granted by the
Government Code of the State. The park and recreational facilities for which the dedication of land
and/or the payment of a fee is required by this article are in accordance with the Parks & Recreation
Element of the General Plan.
(b) General requirements.
(1) As a condition of approval of a tentative map, the subdivider shall dedicate land, and/or
improvements/amenities, and/or pay a fee for the purpose of developing new or rehabilitating
existing park or recreational facilities to serve the subdivision. This requirement shall apply to all
subdivisions except those exempted by Section 66477 of the Government Code.
(2) Except as provided in subsection (3) of this subsection, if the proposed subdivision contains
fifty (50) parcels or less, the subdivider shall not be required to dedicate any land for park and
recreational purposes without his or her consent, but shall pay a fee in accordance with subsection
(e) of this section.
(3) When a condominium project, stock cooperative, or community apartment project exceeds
fifty (50) dwelling units, dedication of land map be required notwithstanding that the number of
parcels may be less than fifty (50).
(c) General standards.
(1) Ratio of park land to population. Section 66477 of the Government Code of the State
specifies that up to five (5) acres of park land per 1,000 residents brought into a city by new
Page 39 of 54 EXHIBIT B
Ordinance 938
development may be required to be dedicated provided that at least a five (5) acre per 1,000 person
ratio already existed in that city as of the last Federal census. The last Federal census, taken in
April 2000, counted a City population of 33,826. At that time the total neighborhood and community
park acreage in the City was 229 acres. These quantities yield a ratio of 6.78 acres per 1,000
persons in the City. Thus, the required existing minimum five (5) acres per 1,000 standard has been
met.
In accordance with the preceding standards and computations and the city's finding that the
public health, welfare, and quality of life require the continuation of the existing ratio of park land to
population, within the limitations of State law, five (5) acres of land for each 1,000 persons residing
within the City shall be devoted to local park purposes.
(2) Household size. In order to compute the number of persons being brought into the city by a
given residential project, it is necessary to multiply the number of units by an average household
size standard for each type of unit. Section 66477 of the Government Code of the State stated that
the average size of each class of household shall be "the same as that disclosed by the most recent
available Federal Census." In accordance with said requirements, the average household size for
the City, as derived from the 2000 census is:
(A) Single-family detached dwelling units - _persons per dwelling unit.
(B) Attached units, including duplex, town -house and apartments -_persons per dwelling unit.
(C) Mobile homes - _persons per dwelling unit.
(d) Dedication of land. Where a park or recreational facility has been designated in the Parks &
Recreation Element of the General Plan and is to be located in whole or in part within the proposed
subdivision to serve the immediate and future needs of the residents of the subdivision, the City
may require the dedication of land for a local park sufficient in size and topography to serve the
residents of the subdivision.
(e) Payment of fees.
(1) General formula. If there is no park facility designated in the Parks & Recreation Element of
the General Plan to be located in whole or in part within the proposed subdivision to serve the
immediate and future needs of the residents of the subdivision, the City may require; in lieu of land
dedication, the payment of a fee equal to the value of the land prescribed for dedication computed
in accordance with the provisions of subsection (d) of this section and Section 9-5.107 Parkland In -
lieu Fees. Such fee shall be used to provide a park which will serve the residents of the new
subdivision.
(2) Fees In lieu of land for less than 50 lots. In subdivisions of less than fifty (50) lots, a per unit
fee shall be charged for all lots or dwelling units. Such fee shall be set by resolution of the City
Council.
(3) Use of fees. The fees collected pursuant to this article shall be used only for the purpose of
providing park or recreational facilities to serve the subdivision. Such fees shall be used for the
purchase of necessary land or, if the City Council deems there is sufficient land available for the
subdivision, for improving such land for park and recreational purposes.
(f) Dedication of land and payment of fees. In subdivisions of fifty (50) or more lots, the City may
require the subdivider to dedicate land and/or pay a fee in lieu of park dedication in accordance with
subsections (d) and (e) of this section. In no case, however, shall the total of land dedication and
fee payment exceed the subdivision's park obligations computed in accordance with subsection (c)
of this section.
(g) Choice of dedication of land or payment of fees.
Page 40 of 54 EXHIBIT B
Ordinance 938
(1) Procedure. In subdivisions containing more than fifty (50) parcels, the procedure for
determining whether the subdivider shall dedicate land, pay a fee, or both shall be as follows:
(A) Action of the City. At the time of the approval of the tentative map, the City Council shall
determine, as a part of such approval, whether to require the dedication of land within the
subdivision, the payment of a fee in lieu thereof, or a combination of both.
(B) Prerequisites for the approval of final maps. Where dedication is required, it shall be
accomplished in accordance with the provisions of the Subdivision Map Act of the State. Where
fees are required, they shall be deposited with the City prior to the approval of the final map. Open
space covenants for private park or recreational facilities shall be submitted to the City prior to the
approval of the final map and shall be recorded contemporaneously with the final map.
(2) Determinations. Whether the City accepts the dedication of land, elects to require the
payment of a fee in lieu thereof, or a combination of both shall be determined by the consideration
of the following factors:
(A) The Parks & Recreation Element of the General Plan;
(B) The topography, geology, access, and location of the land in the subdivision available for
dedication;
(C) The size and shape of the subdivision and the land available for dedication;
(D) The feasibility of dedication;
(E) The compatibility of dedication with the Parks & Recreation Element of the General Plan; and
(F) The availability of previously acquired park property.
(h) Amount of fees in lieu of the dedication of land. Where a fee is required to be paid in lieu of
the dedication of land, the amount of such fee shall be determined by Section 9-5.107 Parkland In
Lieu Fee.
(i) Partial credit for private open space. Where private open space for park and recreational
purposes is provided in a proposed subdivision, and such space is to be privately owned and
maintained by the future residents of the subdivision, partial credit, not to exceed fifty (50) percent,
may be given against the requirement of the dedication of land or the payment of fees in lieu thereof
if the City Council finds that it is in the public interests to do so and that all of the following standards
are met:
(1) The yards, court areas, setbacks, and other open areas required to be maintained by this
Land Use Code shall not be included in the computation of such private open space;
(2) The private ownership and the maintenance of the open space shall be adequately provided
for by recorded written agreement, conveyance, or restrictions;
(3) The use of the private open space shall be restricted for park and recreation purposes by a
recorded covenant which runs with the land in favor of the future owners of the property and which
cannot be defeated or eliminated without the consent of the City or its successors;
(4) The proposed private open space shall be reasonably adaptable for use for park and
recreation purposes, taking into consideration such factors as size, shape, topography, geology,
access, and location;
(5) The facilities proposed for the open space shall be in substantial accordance with the
provisions of the Parks & Recreation Element of the General Plan; and
(6) The covenants, codes, and restrictions concerning the private open space state that the City
has the right of the review and approval of any modification to such open space.
Q) Schedule of park development. In accordance with Section 66477 of the Government Code of
the State, the City shall maintain, either as part of its Capital Improvement Program or separately, a
schedule specifying "how, when, and where it will use the land or fees, or both, to develop park or
Page 41 of 54 EXHIBIT B
Ordinance 938
recreational land to serve the residents of the subdivision" for which park fees have been paid or
land dedicated. Therefore, pursuant to such requirement, any fees collected pursuant to this section
shall be committed within five (5) years after the payment of such fees or the issuance of building
permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees
are not so committed, they shall be distributed and paid to the then record owners of the subdivision
in the same proportion the size of their lot bears to the total area of all lots within the subdivision. (§
2, Ord. 869)
Sec. 9-4.521. Pedestrian ways, bridges, and tunnels.
(a) General requirements. Pedestrian ways, bridges, and tunnels shall be constructed at the sole
expense of the developer where their use is considered necessary by the City. Such necessity may
include, but shall not be limited to access to schools, parks, historical areas, and places of public
use which generate unusual amounts of pedestrian traffic. Such facilities are included to
supplement the pedestrian -oriented improvements in -lieu of a sidewalk in the public rights-of-way
and reduce conflicts between pedestrian traffic and other modes of travel. Bridges or tunnels shall
be required at grade separations, watercourses, and unusually irregular terrain where heavy
pedestrian traffic may be experienced.
(b) Design standards. The minimum width of pedestrian ways shall be eight (8) feet. Pedestrian
ways shall be constructed of concrete or asphalt concrete. The City Engineer may approve
alternate materials at his discretion. Walls, fences, and landscaping shall be required as necessary
to define and separate pedestrian ways. Pedestrian ways shall not be constructed at grades
exceeding five (5) percent. Cross slopes shall not exceed two-tenths of one (0.2) percent. Where
unusual conditions exist, the City Engineer may approve grades greater than five (5) percent
however, a grade of ten (10) percent shall not be exceeded under any circumstance.
(c) Dedications. The City may require the dedication of pedestrian ways, bridges, and tunnels or
irrevocable offers to dedicate rights-of-way. All facilities outside of public rights-of-way to be
dedicated to the City shall be within exclusive easements for the purpose of maintaining a
pedestrian way. Such easements shall be configured to insure that normal maintenance operations
do not encroach upon private property. Improvement plans shall not be approved until all such
easements have been recorded with the County Recorder. (§ 2, Ord. 869)
Sec. 9-4.523. Sanitary sewer.
(a) Design specifications. The design and construction of sanitary sewers shall be in accordance
with the Standard Specifications, as last revised, of the City.
(b) Capacity design standards. The design of residential sanitary sewers shall be based upon an
average daily flow of 110 gallons per day per capita and an occupancy factor of three (3) persons
per dwelling unit. The peak flow shall be the design flow and shall be determined by the formula
plotted on Figure 4-4. All sanitary sewers having an internal diameter of less than twelve (12) inches
shall be designed to have a flow depth of one-half (1/2) of the internal diameter, or less, under
design flow conditions. All sanitary sewers having an internal diameter of twelve (12) inches or
greater may be designed to have a depth of flow of three-fourths (3/4) of the internal diameter, or
less, under design flow conditions. The only exceptions to such requirements shall be inverted
siphons and force mains.
The average daily flow rates for uses other than residential shall be determined by the City
Engineer from Table 4-2. If the precise type of land use is not known, the average sewerage flow
Page 42 of 54 EXHIBIT B
Ordinance 938
shall be determined from Table 4-3. Peak flows shall be determined by the formula shown on Figure
4'4.
Figure 4-4'Peak hoAverage Relationship for Sewage Design Flows
Table 4-2,Average Sewerage F|ovvo—GpeoifioLand Use Types
Page 45of54 EXHIBIT
Ordinance 938
Flow
Type of and Use
(Gallons per
Hotels and Motels (without kitchens), per unit
105
Restaurants
Conventional, per seat
25
Conventional (24-hour), per seat
35
Quick Service and Taverns, per seat
14
Bars and Cocktail Lounges, per seat
21
Institutional
Conventional, per person
90
Hospitals, per bed
210
Schools
Day with Cafeteria, per student
10
Day with Cafeteria and Showers, per student
15
Boarding, per student
60
Theaters
Indoor, per seat
3
Outdoor, per seat
Service Stations
Per vehicle served
Per set of pumps (island)
350
Commercial Stores, per employee; or
42
Per first 25 square feet
315
Per each additional 25 square feet
280
Golf Course and Clubs
Per member
110
Per non-member
15
Tennis Clubs
Resident -type, per member
110
Non -Resident -type, per member
15
Stables, per horse
Offices, per employee
10
Factories, sanitary wastes only per employee per shift
25
Self-service Laundries, per machine
500
Public Swimming Pools with Showers and Toilets, per toilet
10
Bowling Alleys, per alley
140
Picnic Parks and Toilets, Der toilet
10
Page 45of54 EXHIBIT
Ordinance 938
Table 4-2, Average Sewerage Flows --Specific Land Use Types
Flow
Type of and Use (Gallons per
Day/Unit)
Assembly Halls, per seat 1
Note: If the precise type of land use is not known, the average sewerage flow shall be determined from
Table 4-3.
Table 4-3, Average Sewage Flows --General Land Use Types
(c) System design standards. The minimum internal diameter for a mainline sanitary sewer shall
be eight (8) inches. Sewer laterals shall be either four (4) inches or six (6) inches in internal
diameter and designed in accordance with the Uniform Plumbing Code, as last revised. The
minimum slopes at which mainline sanitary sewers shall lie installed are set forth in Table 4-4 as
follows:
Table 4-4, Minimum Slopes for Sanitary Sewers
Internal Diameter
Flow
Type of Land Use
(Gallons per
(inches)
li Day/Acre)
Institutional
..... 1,960
Recreational
790 ...
Parks790
..
Commercial
2.490
Low -Density Residential
660
Medium -Density Residential1,320
0.0012
----- .. - -- --
High -Density Residential
5,500
(c) System design standards. The minimum internal diameter for a mainline sanitary sewer shall
be eight (8) inches. Sewer laterals shall be either four (4) inches or six (6) inches in internal
diameter and designed in accordance with the Uniform Plumbing Code, as last revised. The
minimum slopes at which mainline sanitary sewers shall lie installed are set forth in Table 4-4 as
follows:
Table 4-4, Minimum Slopes for Sanitary Sewers
Internal Diameter
Slope
(inches)
8
- - --
10.0040
........
100.0032
12
0 0024
15
0.0016
- -- .-.....-. -----
18
0.0014
21
-
0.0012
----- .. - -- --
240.0010
.............
.... .--.... ----
27 and larger
0.0008
(d) Dedications. All mainline sanitary sewers, cleanouts, manholes, and appurtenant equipment
within public rights-of-way shall be dedicated to the City. All sanitary sewer facilities outside public
rights-of-way to be dedicated to the City shall be located within exclusive easements granted to the
Page 44 of 54 EXHIBIT B
Ordinance 938
City for access and maintenance purposes. Such easements shall be recorded with the County
Recorder prior to the approval of the improvement plans. All of the boundaries of such easements
shall be a minimum distance of ten (10) feet from the center line of the facilities to be dedicated to
the City.
(e) Joining the sanitary sewer system. All properties within 200 feet of a public sanitary sewer
shall be required to join the City facilities. Where a soil report indicates a private sanitation system is
not acceptable or where damage to the ground water quality would occur, a property shall be
required to join the City sanitary sewer system.
(f) Private sanitary sewers. Private sanitary sewers shall be prohibited in the Hillside Residential
(HR), Single -Family -10,000 (RS -10,000), Single -Family -7,000 (RS -7,000), Single -Family -4,000
(RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG -4,000), Multiple -
Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP), Planned
Community (PC), and Specific Plan/Precise Plan (SP/PP) Districts. Where otherwise permitted,
private sanitary sewers shall be constructed of materials approved by the City Engineer and shall
be no smaller than six (6) inches in internal diameter. Permission for private sanitary sewers shall
be granted by the City only where there are no City sanitary sewers within 200 feet of the closest
property in question and no more than twelve (12) units will use the private sewer at any time. The
capability and intent to maintain private sewers shall be provided the City Engineer in the form of
legal documents fixing such responsibility.
(g) Sewer laterals. Sewer laterals shall be less than eight (8) inches in internal diameter and
serve no more than one structure, if approved by the City Engineer. Sewer laterals shall not serve
more than one property owner. Under no circumstance shall a sewer lateral join another sewer
lateral. Sewer laterals shall directly join the structure served to the mainline sanitary sewer.
(h) Private sanitation system. Private sanitation systems may be permitted by the City Engineer
and Orange County Health Service Standards in the Agri -Business (A), Residential/Agriculture
(RA), Single -Family -40,000 (RSE-40,000), Single -Family -20,000 (RSE-20,000), Open Space
Recreation (OSR), and Specific Plan/Precise Plan (SP/PP) Districts only if all of the following
criteria are met:
(1) No public sanitary sewer with sufficient capacity shall be within 200 feet of the property.
(2) A soil report and percolation tests prepared by a civil engineer and engineering geologist
registered in the State shall recommend, without exception, the installation of a private sanitation
system.
(3) The system shall meet the provisions of the County Health Care Agency and the City shall
approve the installation of said system.
(4) There shall be confirmation that no detrimental change shall occur in the ground water
quality.
(5) The installation shall be acceptable to the City Engineer:
(i) Reimbursement agreements. The City may require the construction and dedication of sanitary
sewer facilities across the full public frontage of a development site of sufficient size to provide
service for future development. The City may enter into a reimbursement agreement with the
developer if development may occur on the opposite side of the project frontage.
If the City enters into such an agreement, a public meeting shall be held to determine the funds
required and the area of benefit from the subject facilities. A copy of the standard City
reimbursement agreement is on file and available at the City offices. (§ 2, Ord. 869)
Page 45 of 54 EXHIBIT B
Ordinance 938
9-4.523
Sec. 9-4.525. Street lights and traffic signals.
(a) Street lights for public rights-of-way. Street lights within public rights-of-way shall be
constructed by the developer and dedicated to the City. Such street lights shall be the Mission Bell
type in accordance with the Street Lighting Standards of the City. Other ornamental fixtures may be
used only upon the approval of the Planning Commission. The approximate lumen rating for street
lights in residential districts shall be 7,000 lumens, and the approximate lumen rating for street lights
in commercial, industrial, and open space districts shall be 20,000 lumens. Primary and secondary
arterial highways shall have street lights of 20,000 lumens. The spacing between 7,000 lumen
street lights shall be 300 lineal feet measured along the adjacent curb face. The spacing between
20,000 lumen street lights shall be 220 lineal feet. Street lights shall alternate sides of the street
where possible, and special attention shall be given to the lighting of intersections. Exceptions to
the requirements set forth in this subsection may be permitted by the City Engineer. In new
subdivisions the street lights shall be energized at the time the first unit is occupied.
(b) Street lights for private streets and on-site lighting. Private streets shall require street lights of
a height, approximate lumen rating, location, type, and style approved by the City Engineer. Such
requirements shall also apply to on-site lighting for walkways, alleys, and parking lots. The type of
fixture (lighting standard and luminaire) shall be approved by the Planning Commission. In new
subdivisions, the street lights shall be energized at the time the first unit is occupied. The provisions
of this subsection shall not apply to street lights on private streets existing on or before November
15, 2002.
(c) Traffic signals. At intersections requiring signalization or future signalization, the developer
may be required to upgrade existing facilities, pay a fee to be used for the upgrading of impacted
intersections, or install the necessary poles, conduits, pullboxes, service locations, and other
facilities deemed necessary by the City Engineer. All such facilities shall be dedicated to the City. (§
2, Ord. 869)
Sec. 9-4.527. Streets, highways, and alleys.
(a) Introduction. This section sets forth street, highway, and alley requirements to serve existing
and new development in the City.
(b) Paving. Pavement materials shall consist only of aggregate base with asphalt concrete and/or
portland cement concrete, conforming to the requirements of the California Department of
Transportation Standard Specifications (as last revised). The pavement thickness shall be
designated by the City Engineer.
(c) Engineering manual. The design speeds, curve radii, street grades, and related standards
shall be as set forth in the City Standard Plans and Orange Design Standards as latest revised.
(d) Public streets and dedications.
(1) General requirements. All streets and highways intended for through traffic or providing
access to public areas within a property to be developed shall be public streets and shall be
constructed and dedicated to the City by the developer.
(2) Offers of dedication. Real property within a development project to be used for future streets,
highways, or alleys shall require an irrevocable offer of dedication.
Where the City requires an irrevocable offer of dedication, on-site improvements shall be
constructed in such a manner as to not interfere with the future use of the right-of-way. Such on-site
improvements shall also be constructed in such a manner as to conform to all the provisions of this
Page 46 of 54 EXHIBIT B
Ordinance 938
Land Use Code and the General Plan in order to provide for future City acceptance of the offered
dedication.
(3) Reimbursement agreements. Streets and highways which would provide access to areas to
be developed in the future or whose closing would cause an undue disruption to the orderly
development of the City shall be constructed and dedicated to the City by the developer. The
developer may be required to construct improvements not required by the project or which are off-
site of the property to be developed. A reimbursement agreement for such improvements may be
provided by the City. Conversely, a developer may be required to pay fees in reimbursement for
improvements previously constructed.
If the City requires the construction and dedication of facilities prescribed in the General Plan, a
reimbursement agreement may be executed.
(4) Parkway facilities. Parkway areas shall be provided adjacent to roadways to allow room for
the provision of utility lines, sidewalks, bikeways, equestrian trails, street landscaping, and related
facilities. Such parkway facilities shall be constructed in conjunction with the roadway proper in
accordance with the requirements of this chapter (refer to Figures 4-5 through 4-7).
The additional parkway facilities shall insure reasonable public access to public natural resources
consistent with public safety.
(5) Access rights. The City may require the waiver of direct access rights to any street, highway,
or alley which is to be dedicated to the City from property abutting thereon.
(e) Private streets. Private streets, including driveways, may be permitted by the City for local
access only. Such streets shall be built to the same construction standards as public streets of the
same classification as such classifications are set forth in subsection (f) of this section. Landscaping
adjacent to private street intersections shall be in compliance with Section 9.3-559 Visibility at
Intersections/Driveways. Private streets shall not be maintained by the City. Where private streets
are permitted, verification of the intention and ability to assume the maintenance thereof shall be
provided to the City Engineer in the form of legal documents fixing such responsibility.
Figure 4-5
Sidewalk/Bikeway & Parkway Facilities
(One side only; standard sidewalk may be required on other side)
Page 47 of 54 EXHIBIT B
Ordinance 938
c�A,
Petl� wfa)ew.vx
I.r..�, 6vm mnb F.o
(One side only; standard sidewalk may be required on other side)
Page 47 of 54 EXHIBIT B
Ordinance 938
Width of sidewalk maybe reduced upon approval of City Engineer.
NOTES:
1. Total right-of-way width shall be adjusted in accordance with the parkway facilities
required.
2. The City Engineer shall provide standard drawings specifying materials and methods
of construction.
3. Two-way bikeway shall include centerline stripe and bike trial symbol.
4. One-way bikeway shall include bike trail symbol.
5. All bikeways shall include stop bar and sign at all commercial driveway intersections.
Figure 4-6
Equestrian Trail and Scenic Highway Parkway Facilities
NOTES:
Total right-of-way width shall be adjusted in accordance with the parkway facilities
required.
2. The City Engineer shall provide standard drawings specifying materials and methods
of construction.
" Equestrian fence mandatory if boundary fence not present.
Hillside Parkway Facilities
Figure 4-7
(f) Required local access streets. The streets identified in subsection (1) and (2) of this
subsection will be required for local access to abutting residential and nonresidential land uses.
Standard sections for such streets are shown in Figure 4-8. Right-of-way widths for local streets
may be reduced in conjunction with the development review if the City determines that such
reduction will not result in greater project density or intensity. 9-4.327
Local streets, except driveways, may be public or private as determined by the City during the
development review. Driveways shall be private in all cases.
(1) Residential uses. Table 4-5 identifies the required streets for residential uses, as determined
by the number of dwelling units served by the street and the average lot size of the dwelling units.
(2) Non-residential uses. A way or local street shall be required if 2,500 ADT or less are to be
generated by abutting uses and through traffic. If generation is greater than 2, 500 ADT, an arterial
highway shall be required as set forth in subsection (g) of this section. 9-4.327
Page 48 of 54 EXHIBIT B
Ordinance 938
Table 4-5
Required Local Access Street Sections (Non -Arterial)
12-24 on cul-de-sac Way or
24-48 on through street Local
24-48 on cul-de-sac Local
48-96 on through street
Wayor', Wayor', Wayor
Local Local Local
---------
Local Local Local
or
Average Lot Size of Dwelling Units Served
or
Local
'', Local
Number of Dwelling
: Townhouse
<5,000
: 5,000-
10000- :
20,000
1-2
>2
Units Served
or
sf
10,000
20,000
sf-1
acres
acres
Rural
Multifamily
Rural
sf
sf
acre
Driveway. —
—
—
12 or less
Way or
Way or
Way or,
Way or .
Way,
Way,
Way,
Local
Local
Local
Local
Local
Local
Local
12-24 on cul-de-sac Way or
24-48 on through street Local
24-48 on cul-de-sac Local
48-96 on through street
Wayor', Wayor', Wayor
Local Local Local
---------
Local Local Local
or
or
or
Local
'', Local
Local
Rural
Rural
Rural
Way,
Way,
Way,
Local
Local
: Local
or
or
or
Local
Local
Local
Rural
Rural
Rural
48-60 on cul-de-sac Local Local Local Local Local Local Local
60 or more on through
street
A cul-de-sac is a closed street with no outlet. A through street is a street that has a connection
to another street (connection includes emergency access roadways).
* Public or private status and drainage, sidewalk, curb, landscaping, and other parkway
improvements to be
determined during the development review. On -street parking may be prohibited.
DETAIL NOTES:
1. Paved shoulder (non -paved shoulder to be used only on approval of the City
Engineer).
2. Adjustment may be made in the right-of-way in accordance with Section 9-4.329 (e)
and (f).
Figure 4-8
Standard Residential and Other Local Access Street Sections
(g) General plan arterials. All arterial highways within the City shall be public streets and shall be
improved in accordance with applicable adopted precise alignments. Precise arterial alignments
shall be in accordance with the classification (primary, secondary, or local arterial) and general
alignments shown on the General Plan. Standard sections for arterial highways are shown in
Figures 4-9 through 4-11.
The following shall be the capacities of arterial highways in average daily trips (ADT):
(1) Local Arterial or Rural Local Arterial Highways, maximum 10,000 ADT;
(2) Secondary or Secondary Rural Arterial Highways, maximum 22,500 ADT; and
Page 49 of 54 EXHIBIT B
Ordinance 938
(3) Primary or Primary Rural Arterial High ways, maximum 33, 800 ADT.
Dwellings shall not take direct access onto arterial highways unless the City finds, by special
circumstance, that such access is warranted and can be designed consistent with traffic safety. The
City may require special driveway design to insure forward vehicle entry onto such arterials.
(h) Alleys. Alleys may be permitted in nonresidential districts only when off street parking,
service, loading, and delivery areas are not otherwise available. Alleys in nonresidential district shall
be constructed and dedicated to the City in compliance with this section and the design standards
prescribed in the City's Standard Plans and Orange Design Standards, most recently adopted,
Alleys may be permitted in residential districts if approved by the City during the development
lays shall be private. Verification of the ability and intention to maintain private alleys
d to the City Engineering the form of legal documents fixing such responsibility.
road sections.
Igh 4-11 are the standard road and parkway sections required as set forth in this
sections shall be required for all new development, unless the City, after finding
-es, approves modified or alternate road sections. The sections shown may be
nded near intersections to provide width for deceleration lanes, left turn pockets,
ion facilities.
DETAIL NOTE:
1. Paved shoulder (non -paved shoulder to be used only on approval of the City
Engineer).
2. Rolled curb.
GENERAL NOTES:
1. The City Engineer shall provide standard drawings specifying materials and methods
of construction.
2. Sidewalk, landscaping, and other parkway improvements shall be determined during
DETAIL NOTES:
Engineer).
W.
(and right-of-way) widths may increase if additional facilities are required
way
iestrian trails). Refer to Figures 4-6 through 4-8.
Paved shoulder (non -paved shoulder to be used only on approval of the City
Rolled curb.
GENERAL NOTES:
Page 50 of 54 EXHIBIT B
Ordinance 938
1. The City Engineer shall provide standard drawings specifying materials and methods
of construction.
2. Sidewalk, landscaping, and other parkway improvements shall be determined during
the development review.
DETAIL NOTE:
(and right-of-way) widths may increase if additional facilities are required
way
estrian trails). Refer to Figures 4-6 through 4-8.
1. Paved shoulder (non -paved shoulder to be used only on approval of the City
Engineer).
2. Rolled curb.
GENERAL NOTES:
1. The City Engineer shall provide standard drawings specifying materials and methods
of construction.
2. Sidewalk, landscaping, and other parkway improvements shall be determined during
the development review.
3. Parkway (and right-of-way) widths may increase if additional facilities are required
outside of the traveled way
(e.g., equestrian trails). Refer to Figures 4-6 through 4-8.
Figure 4-11
Standards Local Arterial
Highway Sections
(§ 2, Ord. 869)
Sec. 9-4.529. Utility undergrounding.
(a) Required. All development within the City shall require the undergrounding of utilities. Where
development occurs outside of an underground utility district on a single lot and consisting of a
single structure, the City Engineer may permit the use of overhead distribution facilities in the public
right-of-way. However, the utility service to the lot from the distribution facility shall be
undergrounded.
(b) Procedure. The City intends to provide all of San Juan Capistrano with underground utility
service. In order to fulfill this intention, the City shall form underground utility districts where
necessary. The formation, purpose, and use of such districts shall be as set forth in Chapter 8 of
Title 7 of this Code. (§ 2, Ord. 869)
Sec. 9-4.531. Water facilities.
Page 51 of 54 EXHIBIT B
Ordinance 938
(a) Design specifications. Water transmission and distribution facilities shall be designed in
compliance with the Standard Specifications of the Capistrano Valley Water District, as last revised.
On-site water facilities shall comply with the Uniform Plumbing Code, as last revised.
(b) Capacity design standards. Residential water distribution systems shall be based upon an
average daily consumption rate of 190 gallons per capita per day and an occupancy factor of three
(3) persons per dwelling unit. A peaking factor of four (4) times the average consumption shall be
used to determine the maximum hourly demand, and a factor of two (2) times the average
consumption shall be used to determine the maximum daily demand. Fire flows shall be determined
in accordance with the requirements of the Orange County Fire Authority. Design flows shall be the
maximum hourly flow or the maximum daily flow plus fire flow, whichever is the greatest. A
minimum pressure of forty (40) pounds per square inch shall be maintained at the proper line under
maximum hourly flows or twenty (20) pounds per square inch under maximum daily flows plus fire
flow.
Commercial, industrial, and public institution.design flows shall be determined by the Capistrano
Valley Water District. The design and pressure requirements for commercial, industrial, and
institutional uses shall be similar to those prescribed for residential water distribution systems.
(c) System design standards. Regardless of design pressures, the internal diameter of the main
pipe shall be a minimum of six (6) inches. A pipe with an internal diameter of a minimum of eight (8)
inches shall be used on all dead end lines serving a fire hydrant or fire protection system. In
addition, a pipe with an internal diameter of a minimum of eight (8) inches shall be used on all lines
serving more than one fire hydrant or fire protection system. Individual house, building, irrigation,
and miscellaneous services shall be designed in accordance with the Uniform Plumbing Code. The
internal diameter of transmission mains shall be a minimum of eight (8) inches, and such mains
shall be designed in accordance with the Standard Specifications of the Capistrano Valley Water
District.
(d) Dedications. Facilities designed as set forth in this section and constructed in accordance
with the Standard Specifications of the Capistrano Valley Water District, as last revised, shall be
dedicated to the District. The systems dedicated shall be within public rights-of-way and shall
include all transmission mains, distribution mains, fire hydrants, individual services up to and
including the meters, and the appurtenant equipment. All water facilities outside of public rights-of-
way to be dedicated to the District shall be located within exclusive easements granted to the
District for access and maintenance purposes. Such easements shall be recorded with the County
Recorder prior to the approval of the improvement plans, and the grantor shall provide a title
insurance policy acceptable to the District. All easements and right-of-way widths shall be
determined by the District.
(e) Joining the water system--Exceptions. All new construction in the City shall obtain domestic
water service from the Capistrano Valley Water District. The Manager of the District may grant
exceptions to the requirement for the construction of single units on single lots if the following
criteria are met:
(1) The lot shall be located within the Agri-Business (A), Residential/Agriculture (RA), Single-
Family-40,000 (RSE-40,000), or Single-Family-20,000 (RSE-20,000).
(2) No Capistrano Valley Water District distribution facility shall be within 500 feet of the property
in question.
(3) An alternate source which provides water deemed acceptable for domestic use by the County
Health Care Agency shall be available.
(f) Private water systems. No private water system shall be permitted.
Page 52 of 54 EXHIBIT B
Ordinance 938
(g) Wells.
(1) Approval required. Domestic wells shall be constructed for domestic use only when approved
by the Manager of the Capistrano Valley Water District. Such wells shall provide water deemed
acceptable for domestic use by the County Health Care Agency.
(2) Agriculture wells. Agriculture wells used for agricultural purposes shall provide water deemed
acceptable for the intended use by the County Health Care Agency.
(3) Construction and maintenance. The construction and maintenance of all water wells shall be
in conformance with the provisions of this Land Use Code and the requirements of the City
Engineer.
For the purpose of controlling the construction and reconstruction of water wells within the City,
Ordinance No. 2607 of the County is hereby adopted by reference and made a part of this section
as though set forth in this section in full, subject, however, to any amendments, additions, and
deletions set forth in this section.
(4) Abandonment.
(A) Definitions. For the purposes of this subsection, "Abandoned water well" shall mean and
include any water well not actually and continuously used and any well, whether used or not, the
mouth or entrance of which is left open; and "cistern" shall mean an artificial reservoir or tank or
septic tank or well for storing water.
(B) Capping or covering required. Any person who digs, drills, excavates, constructs, owns, or
controls any water well or cistern and abandons such well or cistern and any person who owns,
possesses, or controls any premises on which an abandoned water well or cistern exists shall cap
or otherwise securely cover the mouth or entrance to such well or cistern. The capping or covering
shall be constructed and installed so as to prevent a human being from falling into such well or
cistern or suffering any bodily injury, either through accident or inadvertence, by reason of the
existence of such abandoned water well or cistern.
(C) Capping, covering, or filling by City. If any person shall fail or refuse to cap or cover any
abandoned water well or cistern as required by subsection (B) of this subsection, the City may cap,
cover, or fill such well or cistern. In the event it is necessary for the City to cap, cover, or fill an
abandoned water well or cistern, the charges for such service shall be against the owner of the
property on which such well or cistern is located. (§ 2, Ord. 869)
9-4.531
Sec. 9-4.533. Waiver of provisions.
Where unusual conditions occur or may exist or determined to be necessary or desirable, the
City may consider exceptions to the provisions of this article. Any exception to such provisions shall
be consistent with the general goals, policies, and requirements of the General Plan, the
Subdivision Map Act of the State, or any other applicable statute or specification referred to in this
chapter. Such waivers may be granted by the Planning Commission. (§ 2, Ord. 869)
Article 6. Improvement Plans
Sec. 9-4.601. Preparation --Information required.
Improvement plans shall be prepared and signed by a civil engineer registered in the State and
shall contain the following information in a form as approved by the City Engineer:
(a) The north arrow with a scale of twenty (20) feet, thirty (30) feet, or forty (40) feet to the inch
indicated;
Page 53 of 54 EXHIBIT B
Ordinance 938
(b) A title block in the lower right-hand corner of every sheet which shall include the name of the
project, date, name of the engineer preparing the plans, signature of the engineer preparing the
plans, title of the page, and page number. Original sheets may be purchased from the City, or the
design engineer shall provide an exact copy acceptable to the City Engineer;
(c) An index map on the title sheet at a scale necessary to show the entire project on the title
sheet. The page numbers for each portion of the project shall be indicated on the index map;
(d) The plan and profile of the street center lines, both tops of curbs, and sanitary sewer lines.
Storm drain facilities shall be indicated in the plan and profile on separate sheets;
(e) The water lines, indicated in the plan view only, dimensioned from the curb faces or center
lines. The plan and profile of the water lines shall be indicated onlyfor lines outside improved rights-
of-way and for all water lines greater than ten (10) inches in internal diameter;
(f) The center line horizontal control and right-of-way width which shall coincide with the final
map for the property being improved;
(g) The street lights which shall be located in conformance with City standard; or approved
exceptions;
(h) The locations of gas, electric, and television underground utilities;
(i) The locations of street signs;
(j) The street names in words;
(k) The locations of traffic control devices and signs;
(1) Cross sections of every street and all sidewalks, bicycle trails, and equestrian trails;
(m)The bicycle trails, equestrian trails, and pedestrian ways in public rights-of-way;
(n) The bicycle trails, equestrian trails, and pedestrian ways outside dedicated street rights-of-
way;
(o) All boundaries of easements to be granted to the City;
(p) Signature blocks for the City Engineer and the City;
(q) General notes for street improvements as required by the project and the City;
(r) General notes for water construction as required by the project and the City;
(s) General notes for sewer construction as required by the project and the City;
(t) General notes for storm drain construction as required by the project and the City; and
(u) The additional details, data, or information required by the City Engineer. (§ 2, Ord. 869)
9-4.601
Sec. 9-4.603. Approval.
Improvement plans shall be submitted to the City at the time the fees are paid for plan checking.
The plans shall be approved by the City Engineer after:
(a) All of the requirements of this Land Use Code and the General -Plan have been met;
(b) Any special requirements of the City have been met;
(c) All necessary easements have been recorded;
(d) The final map has been recorded;
(e) All necessary fees have been paid and all necessary bonds have been posted; and
(f) All necessary reimbursement agreements have been completed.
Upon the approval of the plans and the submission of the prints required by the City Engineer,
the necessary permits may be acquired from the appropriate agencies. (§ 2, Ord. 869)
Sec. 9-4.605. Fees and bonds.
Fees and bonds shall be collected for private improvement projects in accordance with Section 9-
109 Private Improvement Fees and Bonds. (§ 2, Ord. 869)
Page 54 of 54 EXHIBIT B
Ordinance 938
EXHIBIT C
APPENDIX A: DEFINITIONS
For the purposes of the Land Use Code adopted by the City Council of the City of San Juan
Capistrano, certain items are hereby defined. Words used in the present tense shall include
the past and future tense, and vice versa; words in the singularform shall include the plural
form and vice versa; any gender includes the other gender. The word "shall' is mandatory
and the word "may" is permissive.
In case of any difference of meaning or implication between the text of any provision and
any caption or illustration, the text shall control. Unless the text clearly indicates to the
contrary, the following conjunctions shall be interpreted as follows: "and" indicates that all
concerned items or provisions shall apply; "or" indicates that the connected items or
provisions may apply singly or in any combination; "either... or' indicates that the connected
items or provisions shall apply singly but not in combination.
Words and phrases used in the Land Use Code and not specifically defined shall be
construed according to the context and approved usage of the language
Abandon or abandonment: To cease or discontinue a use or activity without intent to
resume for a period of one year or more, but excluding temporary short-term interruptions
to a use or activity during periods of remodeling, maintaining, or otherwise improving a
facility.
Abut or abutting: The same as "adjacent."
Access: The place or way by which pedestrians and/or vehicles shall have safe, adequate
and suitable ingress and egress to a property or use as required by this Land Use Code.
Accessibility: The ability to physically reach desired destinations, services and activities.
Accessory structure/building: Anything constructed or erected on the same lot or parcel as
the principal use or approved conditional use that requires a building permit and has a
permanent fixed location on the ground or is attached to something having a permanent
fixed location on the ground which is incidental and subordinate to the main building or
structure.
Accessory use: A use customarily incidental to the primary use or approved conditional use
on the same building site or lot, such as a permanent caretaker residence, secondary unit,
and home business.
Adapted (or introduced) plants: Those plants that reliably grow well in a given habitat with
minimal attention from humans in the form of winter protection, pest protection, water
Page 7 of 84 EXHIBIT C
Ordinance 938
irrigation, or fertilization once root systems are established in the soil. Adapted plants are
considered to be low maintenance but not invasive.
Addition: Any construction that increases the size of a structure in terms of site coverage,
height, length, width, or gross floor area, occurring after completion of the original structure.
Adjacent: Two or more lots or parcels of land sharing a common boundary of at least one
point, or separated only by an alley, street, highway, stream, or recorded easement; or two
or more objects in contact with each other. Synonyms are "contiguous," "abutting," or
"adjoining."
Adjoining: The same as "adjacent."
Adult arcade: An establishment where for any form of consideration, one or more still or
motion picture projectors, or similar machines, for viewing by five (5) or fewer persons
each, are used to show films, computer generated images, motion pictures, video
cassettes, slides or other photographic reproductions thirty (30) percent or more of the
number of which are distinguished or characterized by an emphasis upon the depicting,
describing or relating to specified sexual activities or specified anatomical parts.
Adult bookstore: Any establishment which, as a regular and substantial course of conduct,
displays and/or distributes adult merchandise, books, periodicals, magazines, photographs,
drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual
representations which are distinguished or characterized by an emphasis on a matter
depicting, describing or relating to specified sexual activities or specified anatomical parts.
(See "adult-oriented business" for definition of regular and substantial portion of its
business).
Adult cabaret: A nightclub, bar, lounge, restaurant or similar establishment or concern
which features as a regular and substantial course of conduct, any type of live
entertainment, films, motion pictures, videos, slides, or other photographic reproductions, or
oral, written, or visual representations which are characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical parts.
Adult hotel/motel: A hotel or motel, which as a regular and substantial course of conduct
provides to its patrons, through the provision of rooms equipped with closed-circuit
television or other medium, material which is distinguished or characterized by the
emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical parts and/or which rents, leases, or lets any room for less than a
twelve (12) hour period and/or rents, leases or lets any room more than once in a twenty-
four (24) hour period and/or which advertises the availability of any of the above.
Adult model studio: Any premises where there is furnished, provided or procured a figure
model or models who pose in any manner which is characterized by its emphasis on matter
depicting, describing, or relating to specified sexual activities or specified anatomical parts
where such model(s) is being observed or viewed by any person for the purpose of being
Page 2 of 84 EXHIBIT C
Ordinance 938
sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any
other thing of value, as a consideration, compensation, or gratuity for the right or
opportunity to so observe the model or remain on the premises.
"Adult model studio" shall not include any live art class or any studio or classroom which is
operated by any public agency, or any private educational institution authorized to issue
and confer a diploma or degree under provisions of the Education Code.
Adult motion picture arcade: Any business establishment or concern containing coin or slug
operated or manually or electronically controlled still, motion picture or video machines,
projectors, or other image producing devices that are maintained to display images to an
individual in individual viewing areas when those images are distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical parts.
Adult mini -motion picture theater: An adult motion picture theater, as defined below, with a
capacity for fifty (50) persons or fewer.
Adult motion picture theater: A business establishment where, for any form of
consideration, films, computer generated images, motion pictures, video cassettes, slides
or similar photographic reproductions are shown, and thirty (30) percent or more of the
number of which are distinguished or characterized by an emphasis upon the depicting,
describing or relating to specified sexual activities or specified anatomical parts.
Adult-oriented business: Any business establishment or concern which, as a regular and
substantial course of conduct, performs as an adult bookstore, adult theater, adult motion
picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not
clothing optional hotel/motel); any business establishment or concern which as a regular
and substantial course of conduct sells or distributes sexually oriented merchandise or
sexually oriented material; or any other business establishment or concern which as a
regular and substantial course of conduct offers to its patrons products, merchandise,
services or entertainment characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical parts. "Adult-oriented
business" does not include those uses or activities, the regulation of which is preempted by
State law. "Adult-oriented business" shall also include any business establishment or
concern which, as a regular and substantial course of conduct provides or allows
performers, models, actors, actresses, or employees to appear in any place in attire which
does not opaquely cover specified anatomical parts. For the purposes of the Municipal
Code, a business establishment or concern has established the provision of products,
merchandise, services or entertainment characterized by an emphasis on matters
depicting, describing or relating to specified sexual activities or specified anatomical parts
as a regular and substantial course of conduct when one or more of the following
conditions exist:
Page 3 of 84 EXHIBIT C
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(1) The area devoted to adult merchandise and/or sexually oriented material exceeds
more than twenty-five (25) percent of the total display or floor space area open to the
public;
(2) The business establishment or concern presents any type of live entertainment which
is characterized by an emphasis on specified sexual activities or specified anatomical parts
at least six (6) times in any month of any given year;
(3) The regular and substantial course of conduct of the business consists of or involves
the sale, trade, display or presentation of services, products, or entertainment which are
characterized by an emphasis on matters depicting, describing, or relating to specified
sexual activities or specified anatomical parts.
Adult-oriented business applicant: A person who is required to file an application for a
permit in accordance with the applicable provisions of the Municipal Code, including an
individual owner, managing partner, officer of a corporation, or any other operator,
manager, employee, or agent of an adult-oriented business.
Adult-oriented business operator: A person who supervises, manages, inspects, directs,
organizes, controls or in any other way is responsible for or in charge of the premises of an
adult-oriented business or the conduct of activities occurring on the premises thereof.
Adult theater: A business establishment or concern, including a theater, concert hall,
auditorium, or similar establishment which, as a regular and substantial course of conduct,
presents live entertainment, motion pictures, videos, slide photographs, or other pictures or
visual reproductions which are distinguished or characterized by their emphasis on matters
depicting, describing, or relating to specified sexual activities or specified anatomical parts.
Affordable housing project: Residential project within which not less than ten (10) percent of
the units are affordable by income -qualified households. (See Income -qualified household)
Affordable rent: Monthly housing expenses, including a reasonable allowance for utilities,
for rental target units reserved for very low, low, or moderate income households as set
forth by State Law. (See Income -qualified household)
Affordable sales price: A sales price at which low or very low income households can
qualify for the purchase of target units, calculated on the basis of underwriting standards of
mortgage financing available for the development.
Agent: Any person showing written verification that he or she is acting for, and with the
knowledge and consent of, a property owner.
Agriculture: The cultivation of row, field, or tree crops, horticulture, floricultural specialties,
or the raising of animals for commercial purposes, excluding stockyards, slaughtering, or
commercial food processing.
Page 4 of 84 EXHIBIT C
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Air Quality Management District (local air district): A regional agency with authority to
regulate stationary and area sources of air pollution within the region, governed by an Air
Quality Management board consisting of appointed or elected members from the public or
private sector.
Aisle, parking: The traveled way by which vehicles enter and exit parking spaces.
Alcohol-related establishment: Establishment which is required to obtain a State Alcoholic
Beverage Control License and/or which sells or serves alcoholic beverages for on-site or
off-site consumption as a regular and ongoing component of the business.
Allocation: The number of dwelling units in a residential development project for which
building permits may be issued in a specified calendar year. The total allocation shall be
less than or equal to the numerical limits set by resolution of the City Council for the same
calendar year.
Allowed: Permitted.
Alley: A public or private way permanently reserved as a side or rear entrance to abutting
property, and which generally serves as the secondary access to such property.
Alteration: Any construction or physical changes in the internal arrangement of rooms or
the supporting members of a building, structure, historical object, or change in the
appearance of any building, structure, orobject having a historical orcultural significance or
designation.
Alternative fuel vehicles: Vehicles that use low -polluting, non -gasoline fuels such as
electricity, hydrogen, propane or compressed natural gas, liquid natural gas, methanol, and
ethanol. Efficient gas -electric hybrid vehicles are included in this group for LEED purposes.
Amateur radio antenna: Any antenna used for the purpose of transmitting and receiving
radio signals in conjunction with an amateur radio station licensed by the Federal
Communications Commission (FCC).
Anchortenant: A business occupying a shopping center or multi -tenant business complex
having at least 30,000 square feet of gross leasable floor area. See also Major tenant.
Animal, domestic: Any domesticated animal or household pet commonly maintained in a
household as defined by Orange County Animal Control.
Animal enclosure: Any structure, including but not limited to a barn, stable, pen, corral, dog
run, or fenced area, intended for confinement of animals.
Animal, farm: Any animal customarily raised for agricultural purposes, not including wild or
exotic animals or domesticated pets.
Page 5 of 84 EXHIBIT C
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Animal, wild or exotic: Any warm-blooded or cold-blooded animal not normally maintained
in a dwelling unit with people, not considered domesticated within California, and the
keeping of which requires a permit from the State of California Department of Fish and
Game,
Annexation: the inclusion of land area into an existing city or special district with a resulting
change in the boundaries of that local agency.
Antenna: Any system of wires, poles, rods, reflecting discs or similar devices used for the
transmission, reception or both of electromagnetic radiation waves, including devices
having active elements extending in any direction and directional parasitic arrays having
elements attached to a generally horizontal boom which may be mounted upon a vertical
support structure. Any such system is further defined to be external to or attached to the
exterior of any building.
Antenna array: A group of antenna elements on the same geometric plane.
Antenna, conventional: An individual element or system of conducting elements, as
opposed to a single disk or sphere, used for the transmission or reception of
electromagnetic waves.
Antenna, dish: A system of wires, poles and reflecting disk used for the transmission or
reception of electromagnetic waves. A dish antenna is to be distinguished from a
"conventional' antenna by the use of a parabolic or spherical disk.
Antenna, ground -mounted: Any freestanding antenna, the entire weight of which is
supported by an approved platform, framework, or other structural system, which system is
affixed directly on or in the ground by a foundation and which system is freestanding,
excluding lateral bracing to a building.
Antenna height: The overall vertical length of the antenna above grade. If the antenna
system is located on a building, the overall vertical length also includes the height of the
building above grade level at the point upon which the antenna system is mounted. If the
antenna system includes a collapsible support structure, the overall vertical length is
measured with the antenna support structure fully extended.
Antenna mast: The pole or tower of metal or wood used to support an amateur radio
antenna.
Antenna radius: The distance from the antenna support structure to the furthest possible
extension of any horizontal element of an antenna.
Antenna, roof -mounted: An antenna, the entire weight of which is supported by a building
through the use of an approved framework or other structural system, which system is
affixed to one or more structural members of the roof of the building or to any structural
portion of the building above the roof line.
Page 6 of 84 EXHIBIT C
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Antenna support structure: Any structure, mast, pole, tripod, or tower utilized for the
purpose of supporting an antenna.
Antenna support structure, freestanding: An antenna structure that is not attached to a
building, fence or other such structure.
Antenna system: The combination of the antenna and any antenna support structure.
Antenna, whip: An antenna consisting of a single, slender, rod-like element, less than one
wavelength long, which is supported only at or near its base.
Antique Shop: A place used forthe sale ortrading of articles which, because of age, rarity,
or historical significance, have a monetary value greater than the original value or which,
because of age, are recognized by the United States government as entitled to import
duties less than those prescribed for similar new merchandise. . Antique shop does not
include "second hand store".
Apartment: A room or suite of rooms constructed, designed, intended for, or actually used
by a single family for living and sleeping purposes for periods of 30 consecutive days or
longer, which is located within a building that contains separate living facilities for three or
more families.
Apartment house: Any building, or portion thereof, which is designed, built, rented, leased,
let, or hired out to be occupied, or which is occupied as the home or residence of three or
more households living independently of each other and containing three or more dwelling
units.
Apiary: A place or structure in which bees and beehives are kept and maintained, as for
production of honey.
Appeal: An application requesting that the designated appeal body review the decision of a
reviewing authority on a land use application, pursuant to Section 9-2.311 of this Land Use
Code.
Appellant: The person who has filed an appeal pursuant to Section 9-2.311 of this Land
Use Code.
Applicant: (1) Owner(s) or lessee(s) of property or their agent(s), or person(s) who have
submitted an application for approval of a permit or development proposal as allowed under
this Land Use Code, or the agent(s) of such persons. (2) For the purposes of Section 9-
3.521 Hazardous Waste Facilities, applicant means any person applying to the City for a
conditional use permit or a land use decision concerning a specified hazardous waste
facility, as defined under the term proponent of State Health and Safety Code Section
25199.1(1).
Page 7 of 84 EXHIBIT C
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Application: The form and information submitted by an applicant that is used by the City to
determine whether to approve or deny permits or other entitlements for use pursuant to this
Land Use Code.
Approval: The action taken by the reviewing authority pursuant to this land Use Code to
approve or conditionally approve an application for a land use entitlement and related
permits.
Arcade, architectural: An architectural feature consisting of a continuous passageway
attached to a structure, parallel to and open to a street, open space, or building, usually
covered by a canopy or permanent roofing, and accessible and open to the public.
Architectural projection: Any portion of a structure attached to and extended outside the
outer face of the exterior wall or roof of the structure including but not limited to tower
elements, chimneys, steeples, awnings, eaves, or bay windows. Architectural projections
may project into required setbacks or height limits as specified in the applicable provisions
of this Land Use Code.
Area: As used in this Land Use Code, Area shall mean net area unless otherwise
specified.
Area, building: The total area in square feet of all rooms including corridors, elevators,
stairwells, shaft spaces, bathrooms, closets, storage areas, and garages.
Area, gross: That area of a lot or parcel of land inclusive of the following, except as
otherwise provided herein (see Figure 1):
1. The underlying fee ownership within public alleys, highways or streets abutting the
lot or parcel of land; or
2. Proposed public facilities such as alleys, highways, streets or other necessary
public sites when included within a proposed development project; or
3. Other public or private easements on the lot or parcel where the owner of the
property does not have the right to use the entire surface of the land.
Area, net: That area of a lot or parcel of land exclusive of the following, except as
otherwise provided herein (see Figure 1):
1. Public alleys, highways or streets adjacent to the lot or parcel of land; or
2. Proposed public facilities such as alleys, highways, streets or other necessary
public sites when included within a proposed development project; or
3. Other public o private easements on the lot or parcel of land where the owner
of the property does not have the right to use the entire surface of the land.
Page 8 of 84 EXHIBIT C
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0
MEN
M.SWd
GRMARWA NRS
Figure 1: Gross Area and Net Area
Article: An Article of this Land Use Code unless some other ordinance, code, or statute is
indicated.
Assembly building: A building or portion of a building used for the gathering together of 50
or more persons for such purposes as meetings, conferences, education, training, worship,
or other similar purposes.
Attached: Any structure that has an interior wall or roof in common with another structure.
Attic: The uninhabitable space between the upper surface of the top floor and the roof
above, as shown in Figure 2. An attic is not considered a story.
Auto parts and supply store: An establishment that offers for sale auto parts and supply
where twenty-five (25) percent of the available retail area is devoted to the storage, display
and sale of such products.
Automated car wash: An enclosed building/facility designed for self-service wash and/or
wash of motor vehicles by mechanical means only. Such facilities shall not include any
interior cleaning, detailing, prepping, hand washing, or hand wiping by any employees.
Automobile dismantling yard: Any premises used for the dismantling or wrecking of
vehicles required to be registered under the Vehicle Code of the State of California,
including the buying, selling, or dealing in such vehicles or the integral parts or component
materials thereof, and the storage, sale, or dumping of dismantled, partially dismantled, or
wrecked inoperative vehicles.
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Automobile impound yard: Facilities designated or maintained for the temporary storage of
vehicles legally removed or impounded from public or private property.
Automobile service station: An establishment primarily engaged in selling gasoline and
other automotive fuels, lubricating oils, and performing minor automobile repair work, and
which does not fall within the definition of a Convenience store as defined in this Appendix.
Average daily traffic (ADT): The average number of vehicles using a traveled way for a
twenty -four-hour period determined by dividing the total number of vehicles for a stated
period by the number of days in that time period. In calculating vehicle trips, trucks with
trailers shall be adjusted to a passenger car equivalent.
Average vehicle ridership (AVR): A measure of the average number of employees who
carpool or vanpool to a work site, calculated by dividing the number of employees who
report to the work site or another job-related activity between 6:00 a.m. and 10:00 a.m.
inclusive Monday through Friday by the number of vehicles used by these employees. The
AVR calculation requires that a five (5) consecutive weekday average be used and cannot
include a holiday.
Aviary: An enclosure for used or designed for the keeping or holding of birds.
Awning: An architectural feature that projects from, and is totally supported by, the exterior
wall of a building, is usually positioned above a window or a door, and is temporary in that
whether stationary or retractable, it can be removed from the building without altering the
building structure.
EVE
Balcony: An architectural feature consisting of an elevated platform located above the
ground level of a building, which may be projecting from or recessed into the adjacent wall
plane, is accessible from the building to which it is attached, is enclosed by a railing or
parapet, is integrated into the architectural design of the building, and receives its structural
support from the wall of the building.
Banner: A visual display device, with or without copy, usually rectangular in shape made of
flexible material, usually cloth, paper, or plastic.
Bar: An establishment in which the primary use is the sale of alcoholic beverages for on-
site consumption and that requires a State Alcoholic Beverage Control license. This term
shall also include a cocktail lounge, a nightclub, and a brewpub.
Base district or base zoning district: A portion of the City within which only certain land
uses and structures are permitted and certain standards are established for development of
land, as designated on the Official Zoning Map adopted in conjunction with this Land Use
Code.
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Basement: Any floor level below the first story in a building (see Figure 2).
Bed and Breakfast establishment: A use/structure located within the Historic District and
listed on the City's Inventory of Historical and Cultural Landmarks which provides guest
rooms for rent for a period of time not to exceed two (2) weeks continuously and operated
by a resident manager. Such establishments may also provide boarding (food and
beverage) accommodations for guests subject to the limitations established in this Land
Use Code.
Berm: A mound or embankment of earth.
Bike lane: A designated area within a street roadway reserved for bicycle travel and
separated from the rest of the roadway by painted lines or other pavement markings.
Bike route: A bicycle pathway within a street roadway identified only by bikeway signs
without any special pavement markings.
Bike trail: A right-of-way reserved exclusively for bicycle travel and separated from public or
private travel ways.
Bikeway: A bicycle pathway; either a bike lane, bike trail, or bike route.
Billboard: An off -premises sign with changing advertising copy.
Bioswale: A landscape element consisting of a drainage course with gently sloped slides
(less than 6%), filled with vegetation and/or riprap, and designed to remove silt and
pollution from surface water. Bioswales are typically designed adjacent to paved areas
such as parking lots, to collect surface waterflows and treat the runoff before releasing it to
the watershed or storm sewer.
Boarding or rooming house: A residential building, other than a rest home, containing a
single dwelling unit and not more than five (5) guest rooms or suites of rooms where
lodging is provided with or without meals, for compensation.
Bond, development obligation: A document obligating funds for the purpose of insuring the
performance of a developer in fulfilling an obligation required by the City.
Bond, labor and materials: A document obligating funds for the purpose of insuring the
payment of the contractors and material purveyors involved in constructing improvements.
Bond, monumentation: A document obligating funds for the purpose of insuring the
payment of a civil engineer or land surveyor for placing property monuments.
Bond, performance: A document obligating funds for the purpose of insuring the faithful
Performance of the construction of improvements.
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Box stall: An enclosed, walled stall used for housing one or more horses.
Boundary closure: The complete closing of a property's boundaries. The maximum
permissible error of closure shall be no greater than 0.017 feet for Final Maps or Parcel
Maps.
Brewpub: A commercial business that conducts the retail sale of beer(malt beverages with
alcohol content as defined by Federal law) that is brewed on the premises in compliance
with applicable State and Federal laws. Such establishments may also include restaurants
as an accessory use. Live entertainment is subject to the use requirements of district in
which the establishment is located. See also, Bar.
Brownfield site: Real property, the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a hazardous substance, pollutant or
contaminant.
Buffer area: An area containing landscaping, open space and/or a visual barrier, intended
to separate and partially obstruct the view of adjacent land uses or properties from one
another or from a public right of way so as to block noise, lights, activities, or other potential
impacts or nuisances.
Buildable area: The portion of the lot remaining after deducting all required setbacks and
easements from the net area of the lot.
Building: Any structure forthe shelter, housing, or enclosure of any person, animal, article,
chattel, or property of any kind; when any portion thereof is completely separated from
every other portion thereof by a division wall or firewall, without openings, each such
portion shall be considered a separate building.
Building, accessory: The same as "accessory structure."
Building density: A measure of the ratio of building area to site area. Building density is
calculated by dividing the floor area of the building by the total area of the site (square feet
of building per acre of land).
Building distance, minimum: The shortest distance measured from any point between
buildings, exclusive of any permitted architectural projections that are regulated separately.
Building exposure: A building wall that is parallel to a public or private street, highway, or
designated parking area.
Building footprint: The area on a project site that is used by the building structure as is
defined by the perimeter of the building plan. Parking lots, landscaping and other non -
building facilities are not included in the building footprint.
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Building front: The exterior building wall (excluding eaves and roof overhangs) of a
structure on the side or sides of the structure fronting and oriented toward a street or
highway, or for a flag lot, the side of the building oriented toward the front lot line.
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Vi
Finish
Figure 2: Building Height on Level Lot
Figure 3: Building Height on Hillside
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Building height: The vertical distance from finished grade or flood protection elevation to the
topmost point of the roof of a building or to the highest point of a structure other than a
building, as shown in Figure 2. Chimneys, finials, and other rooftop architectural projections
are not included in determining building height.
For structures in hillside areas, allowable building height shall be determined by connecting
an imaginary line, at the applicable building height standard, between a series of vertical
lines drawn at the uppermost and the lowermost finish grades of a building (typically
measured at a point 5 feet away from the vertical building wall), as shown in Figure 3. For
purposes of this definition, "hillside area" means an area in which the average slope of the
building footprint area is 10% or more. For structures in hillside areas that are constructed
on a foundation system that include one or more retaining walls or other retaining system,
the measurement to establish allowable building height shall be measured from 5 feet
outside of the retaining wall or system used to support the building
Building line: The exteriorwall surface of a building, exclusive of architectural projections or
eaves.
Building, principal: One or more buildings on a lot or building site designed or used to
accommodate the primary use to which the premises are devoted.
Building of Distinction: A building listed on the City's Buildings of Distinction List as
adopted by the City Council.
Building site: A lot, or contiguous lots of land in single, multiple or joint ownership, which
provides the area and open spaces required by this Land Use Code for construction of a
building or buildings within one development project, or for establishment of a use.
Business: A commercial establishment, office, institutional, or industrial use that produces
goods or distributes goods and services.
Business office: An office that has as its main function the arrangement of business
transactions, the holding of meetings and administrative conferences, the receiving of client
payments, and the keeping of records and accounts pertaining to a business.
-C -.
California Clean Air Act (CCAA): A California law passed in 1988 (Stats. 1988, Ch. 1568),
which provides the basis for air quality planning and regulation in the State, independent of
federal regulations.
California Environmental Quality Act (CEQA): A California law (Public Resources Code
Sections 21000-21178 and California Code of Regulations Sections 15000-15387) that sets
forth a process for public agencies to make informed decisions on discretionary project
approvals. The process helps decision -makers determine whether any potential,
significant, adverse environmental impacts are associated with a proposed project and to
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identify alternatives and mitigation measures that will eliminate or reduce such adverse
impacts.
Capital improvement program: A budgeted multi-year schedule of physical improvements to
streets and other public facilities planned and carried out by the City.
Car/van pool: An arrangement in which two or more people share a vehicle for
transportation.
Care facility, residential: A residential facility that provides care, supervision, and/or
rehabilitation services to no more than six (6) residents on up to a 24-hour per day basis for
compensation, except that registered non-profit agencies may provide these services to
income -qualified residents without compensation. This term may include residential care
facilities for the elderly, mentally disabled, physically disabled, dependent children, or
alcoholism or drug abuse recovery facilities
Care facility, social: A public, private, or institutional facility that is licensed to serve seven
(7) or more persons, who may be unrelated or related, and which provides lodging, meals,
care, supervision, and/or rehabilitation services on up to a 24-hour per day basis for
compensation. This term may include transitional housing, congregate living facility,
intermediate care facility, pediatric health and respite care facilities, and alcoholism or drug
abuse recover facility for seven (7) or more persons, but excludes cases of contagious or
communicable diseases, and surgery or primary treatments such as are customarily
provided in sanitariums and hospitals.
Caretaker's residence (permanent): A dwelling unit accessory to a principal commercial or
multiple family residential use on a site, intended and used for occupancy on the same site
by a caretaker, manager, security guard, or similar position requiring residence on the site,
which may include residence by the occupant's family.
Caretaker's residence (temporary): A temporary accessory structure containing living
quarters and kitchen facilities for housing persons responsible for administering,
overseeing, or maintaining security for the main use on the site during the construction
period.
Carport: a permanent roofed structure not completely enclosed, used or intended to be
used for vehicle parking.
Cat: A feline of either sex, altered or unaltered, that has reached the age of four (4) months
CC&R: See "conditions, covenants and restrictions".
Cemetery: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries
when operated in conjunction with and within the boundary of such cemetery.
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Centerline: The right-of-way centerline as determined by the City Engineer or by the State
Division of Highways of the State of California.
CEQA: See California Environmental Quality Act.
CEQA Guidelines, City: Guidelines adopted by the City of San Juan Capistrano to
implement the California Environmental Quality Act and State CEQA Guidelines, as may be
amended from time to time.
Certificate of Use and Occupancy: A document issued by the Department of Building and
Engineering Services allowing the occupancy or use of a building and certifying that the
structure, building, or development conforms to all the applicable municipal codes, building
codes, and conditions of approval.
Channel: A watercourse with a definite bed and banks that confine and conduct the normal
continuous or intermittent flow of water.
Change of use: Any use that substantially differs from the previous use of a building or
land, including a change in type or intensity of use.
Check cashing facility: A person or business that for compensation engages in whole or in
part, in the business of cashing checks, warrants, drafts, money orders, or other
commercial paper serving the same purpose. Check cashing facility does not include a
state or federally chartered bank, savings association, credit union, or industrial loan
company. Check cashing facility also does not include a retail seller engaged primarily in
the business of selling consumer goods, including consumables, to retail buyers that cash
checks or issue money orders for minimum flat fee not exceeding two dollars ($2.00) as a
service that is incidental to its main purpose or business.
Child day care center or child care nursery: A facility that provides nonmedical care to
children under eighteen (18) years of age in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living or for the protection of the
individual on less than a twenty-four (24) hour basis. Child day care facility includes day
care centers, employer-sponsored child care centers, and family child day care homes.
Rooms accessory to a church and used for religious education on not more than two (2)
days a week are not considered child day care centers. See definitions for "family care" and
"family day-care".
Church: A structure that is used primarily for religious worship and related religious
activities, and is constructed and permitted for assembly purposes as a primary use. See
also Assembly building; Religious institution.
City: The City of San Juan Capistrano, California.
City Council: The City Council of the City of San Juan Capistrano.
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City Engineer: That person, or his or her designated representative, assigned to the
position of City Engineer by the City Council, or an authorized designee.
City standards: All those ordinances, standards, regulations, policies, resolutions and
procedures that the City of San Juan Capistrano uses to review, process, approve, or
inspect applications for development, including but not limited to public improvements,
grading, and landscaping.
Clinic: Any facility used for the care, diagnosis and treatment of sick, active, infirm or injured
persons and those who are in need of medical, dental or surgical attention, but who are not
provided with board or room or kept overnight on the premises. "Clinic" includes dental
clinic, health clinic, medical clinic and doctors' offices and may include laboratory facilities
in conjunction with normal clinic services.
Clubs and lodges (private): Buildings and facilities, owned or operated by a for-profit or
non-profit corporation, association, person or persons, for a social, educational, or
recreational purpose, to which membership is required for participation.
Club, country: A private club organized and operated for social purposes and possessing
outdoor recreational facilities, such as golf courses, tennis courts, and/or swimming
facilities.
Code: The Land Use Code (Ordinance No. 869) of the City of San Juan Capistrano as
amended from time to time, unless some other code, ordinance, or statute is indicated.
Collection facility: A center for the acceptance by donation, redemption, or purchase of
recyclable materials from the public. Collection facilities may include reverse vending
machines, small collection facilities and large collection facilities.
Collection facility, small: A small collection facility is a collection facility which occupies an
area of not more than 500 square feet and may include:
(1) A mobile unit;
(2) Bulk reverse vending machines or a grouping of reverse vending machines occupying
more than fifty (50) square feet;
(3) Kiosk -type units which may include permanent structures; or
(4) Unattended containers placed for the donation of recyclable materials.
Collection facility, large: A large collection facility is a collection facility that may occupy an
area of more than 500 square feet and may include permanent structures.
Collector: A street that typically balances traffic mobility and access to land. Collector
streets provide both land access service and traffic circulation within residential
neighborhoods, commercial and industrial areas. Collector streets pass through residential
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neighborhoods, distributing trips from the arterials through the area to the ultimate
destination. Collector streets also collect traffic from local streets in residential
neighborhoods and channel it into the arterial system.
Commercial use: A land use or other activity involving the sale of goods or services for
financial gain.
Commercial district: A zoning district allowing specified commercial activities including
Tourist Commercial (TC), Neighborhood Commercial (NC), General Commercial (GC), and
Office Commercial (OC).
Commercial stable: See Stable, commercial.
Commercially or industrially zoned land: Any land shown on the most current Official
Zoning Map within any of the following zoning designations: Tourist Commercial (TC),
Neighborhood Commercial (NC), General Commercial (GC), Office Commercial (OC),
Commercial Manufacturing (CM), Industrial Park (IP), Agri -Business (A), Public and
Institutional (P&I), Farm Market (FM), or any specific plan area for which the underlying
General Plan designation or allowed uses are commercial or industrial.
Commission: The Planning Commission of the City of San Juan Capistrano, unless some
other commission, board or committee is indicated.
Communication facility: A building or structure constructed for the purpose of relaying or
conveying information transmitted via microwave, fiber optic or electronic equipment,
including but not limited to cellular telephone antennae, microwave repeater towers and
antennae, radio and television towers, and their accessory structures and uses. This term
does not include non-commercial communication facilities such as licensed amateur radio
stations and standard`radio and television receive -only antennas. Communication facilities
are further classified as a Communication facility, major or Communication facility, minor.
Communication facility, major: A communication facility that, due to size, scale, location, or
other characteristics, is likely to have some detectable impact on adjacent uses or on the
environment, including aesthetic or visual impacts, orthat may have a cumulative impact on
the community due to the number of sites included or in combination with other projects.
This definition includes freestanding antenna structures, including monopoles and towers,
or the placement of a network of wireless communication facilities throughout an area,
whether onto existing structures or other facilities, as determined applicable by the
Planning Director.
Communication facility, minor: A communication facility which by its size, scale, location,
design, or combination of such measures allows the facility to be aesthetically integrated
into the surrounding environment so as not to be readily seen or recognized as a
communication facility, and which is not likely to have some detectable impact on adjacent
uses or on the environment, as determined by the Planning Director.
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Community apartment project: A project in which an undivided interest in land is coupled
with the right of exclusive occupancy of any apartment located thereon.
Community livability: Refers to the environmental and social quality of an area as
perceived by residents, employees, customers and visitors, including safety and health,
local environmental conditions, quality of social interactions, opportunities for recreation
and entertainment, aesthetics and existence of unique cultural and environmental
resources.
Community: A group of people living within a defined geographic area or political boundary
such as a neighborhood, district, town, city, or region. It is both a physical place of streets,
buildings, schools and parks, and a socio-economic structure, often defined by qualities
including social traits, values, beliefs, culture, history, government structure, issues of
concern and type of leadership.
Comparable housing: Housing that meets the minimum standards of the Uniform Housing
Code and which is comparable in: (1) rent; (2) amenities; (3) availability of and proximity to
public transportation; (4) availability of and proximity to personal and public service
facilities, including medical services; (5) availability and proximity to schools; (6) rules and
regulations regarding tenancy; (7) square footage; (8) number of bedrooms; and (9)
number of bathrooms.
Comparable mobilehome park: See Mobilehome park, comparable.
Competitive evaluation: The process of comparing the project rating scale point rating of
projects approved in concept in order to determine priorities in receiving the yearly
allocation of dwelling units.
Comprehensive Development Plan (CDP) or Specific Plan: A plan, adopted by City
ordinance, which shows the future physical development to be implemented within a
specifically defined area of the City. The CDP or Specific Plan shall show the type and
distribution of land uses to be developed, and uses which are permitted or conditionally
permitted; a plan for circulation in and adjacent to the precise plan area; and plans for
development or extension of infrastructure needed to support the proposed land uses;
written standards, regulations and policies for development of the area addressing such
design features as building placement, height and massing; architectural design; open
spaces; preservation of existing structures; preservation of existing trees and proposed
landscaping; pedestrian walkways and accessible access; and other relevant factors which
may be required by State law or as determined necessary by the City to ensure
appropriate development of the property.
Concept review: The review of residential projects subject to Section 9-3.505 Affordable
Housing Requirements to determine if such projects may proceed to the competitive
evaluation, unit allocation, and, if applicable, tentative map review stages. Projects may be
denied or approved in concept at the concept stage of the review.
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Conceptual development plan: A site plan that indicates conceptual ideas for development
and represents general aspects of a development project such as building placement,
circulation, access, drainage, grading, buffers, utilities, phased improvements, and
landscaping.
Conditional use: Only those uses listed in the District Regulations of Chapter 3 Zoning
Districts and Standards of this title as permitted conditional uses or those uses added by
such listing by "determining of use" may be approved within a given district by means of a
CUP.
Conditions, covenants and restrictions (CC&R): The limitations and/or provisions pertaining
to a development project which have been agreed to by the parties holding interest in such
project, and which are recorded against the title to the property.
Condominium: An estate in real property consisting of an undivided interest, in common, in
a portion of a parcel of real property together with a separate interest in air space within a
building on such real property. Such separate interest may also include outdoor areas for
patios, atriums, or courtyards.
Condominium conversion: The conversion or division of a single -ownership parcel of
existing improved residential real property, such as an apartment project, into a
condominium, community apartment project, stock cooperative or townhouse form of
ownership involving separate ownership or permanent right of exclusive use of individual
units.
Condominium conversion project: The entire parcel of real property to be converted or
which is proposed for a change of use, including all structures thereon or appurtenant
thereto.
Congregate meal facility: a facility that provides scheduled meals on a daily basis for
families or individuals who are homeless or income -restricted. This term does not include
homeless shelters or transitional housing.
Conservation easement: An easement granting a right or interest in real property that is
appropriate to retaining land or water areas predominantly in their natural, scenic, open, or
vegetated condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or
maintaining existing open space uses.
Consistency or General Plan consistency: Conformity of the Official Zoning Map or other
elements of this Land Use Code, or a proposed land use or development project, to the
provisions of the City's adopted General Plan.
Construction: Any site preparation, assembly, erection, substantial repair, alteration, or
similar action conducted on public or private property.
Contiguous: The same as "adjacent."
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Context: The nature of the natural or built environment created by the land, topography,
natural features, buildings, and associated features; land use types; and activities on
property adjacent to streets and on sidewalks and a broader area created by the
surrounding neighborhood, district, or community. Context also refers to the diversity of
users of the environment.
Contractor's yard: A use providing for the distribution or storage of supplies, equipment, or
materials related to construction activities, or the recycling and stockpiling of construction
related materials (including paving materials).
Contour grading: A grading technique that utilizes curvilinear undulations, both horizontal
and vertical, in order to simulate the characteristics of natural topography.
Convenience store: A retail establishment that contains less than five thousand (5,000)
square feet of gross floor area utilized in whole or in part for the retail sale of a variety of
frequently needed personal convenience items such as groceries, delicatessen items,
staples, dairy products, pre-packaged foods, beverages, and sundries. Convenience
stores shall not be permitted to sell alcoholic beverages and automotive gasoline on the
same premises; if a convenience store sells one of these items, then it shall not be allowed
to sell the other.
Conventional antenna: See Antenna, conventional.
County: The County of Orange, California.
Courtyard: An area open or partially open to the sky and mostly or entirely surrounded by
walls or buildings. An inner courtyard is a courtyard entirely enclosed within the exterior
walls of a building. For purposes of calculating floor area ratio or lot coverage, a courtyard
shall be considered part of the building.
Covenant: A private legal restriction on the use of land contained in the deed to the
property or otherwise formally recorded.
Critical root zone: A circular region measured outward from the base of a tree representing
the essential area of the roots that must be maintained or protected for the tree's survival.
The circumference of the critical root zone is established by drawing a circle around the
base of the tree with one foot of radial distance for every inch of tree diameter at breast
height (DBH), except that the minimum critical root zone shall be no less than an eight (8)
foot radius. The critical root zone shall extend to a depth of five (5) feet beneath the
surface ground level.
Cross -lot drainage: A drainage system that conveys surface water run-off towards the rear
or side lot line where it is captured in a drainage channel, pipe, or similar structure and
directed across lot lines to an approved point of discharge.
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Cul-de-sac: A local street, one end of which is closed and consists of a circular turn-
around.
Custom house: A house designed especially for construction on a particular residential lot.
Cyber cafe: An establishment that provides computers and/or other electronic devices, for
access to that system commonly referred to as the "internet", e-mail, playing electronic
games over the internet, and/or access to other computer software programs, to the public
for compensation and/or for public access. Cyber cafe is also synonymous with PC Cafe,
Internet Cafe, and Cyber Center.
Daily trip: Travel from an origin to a destination by a vehicle during a twenty-four (24) hour
period.
Day care, commercial: A facility that is licensed and utilized to provide daily non-medical
care and supervision for children under 18 years of age for periods of less than 24 hours
per day for compensation, excluding large -family and small -family day care facilities. This
term includes nursery schools and preschools.
Day care, family: A single-family residential facility, occupied by the operator, which is
licensed and utilized for the purpose of providing daily, non-medical care and supervision to
14 or fewer children of less than 18 years of age.
Day care, large family: A Family day care facility in which 7 to 12 children under the age of
18 are cared for, including children under 10 years of age who reside in the home, plus up
to 2 additional school age children, in accordance with State Department of Social Services
regulations.
Day care, small family: A Family day care facility in which one to six children underthe age
of 18 are cared for, including children under 10 years of age who reside in the home, plus
up to 2 additional school age children, in accordance with State Department of Social
Services regulations.
Daylight grading: A grading technique that designates an existing natural contour as the
transition line between a manufactured pad for development and an adjacent natural slope
face, and that eliminates the need for fill slopes along the exposed edges of the
development pad.
Days: Consecutive calendar days unless otherwise stated.
Decision, discretionary: Decision on a development application that requires the exercise
of judgment, deliberation, or decision on the part of the reviewing authority in the process of
approving or disapproving a particular activity.
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Decision, ministerial: Decision on a permit application that is approved by a reviewing
authority based upon a given set of facts in a prescribed manner in obedience to the
mandate of legal authority, in which the decision is limited to finding whether the permit
application complies with applicable statutes, codes, or regulations.
Deck: An accessory structure consisting of an open, unroofed porch or platform extending
from a house or other building, which receives its structural support by its attachment
directly or through piers or posts to the ground surface below.
Dedicate: To convey to a public agency an interest in land for a specific public purpose.
Dedication, offered: That portion of land that is irrevocably offered to the City for future
public right-of-way that has no prospective future date for acceptance, construction to City
standards, and/or notice of completion.
Density: The range of the number of dwelling units permitted per gross acre of land
pursuant to the applicable General Plan Land Use Designation. Within a development
project, the density is calculated by dividing the number of dwelling units by the gross area
of the project site. The permitted dwelling unit density range shall apply only provided that
compliance with all applicable development standards can be met on the site.
Density bonus: A density increase over the otherwise maximum allowable residential
density under the applicable land use designation of the General Plan, as of the date of
application by the developer to the City, as an incentive for inclusion of affordable housing
within the project.
Density bonus housing agreement: A legally binding agreement between a developer and
the city to ensure that the requirements of Section 9-3.505 Affordable Housing
Requirements are satisfied. The agreement, among other things, shall establish: the
number of target units, their size, location, terms and conditions of affordability, and
production schedule.
Density bonus units: Those residential units granted pursuant to the provisions of Section
9-3.505 Affordable Housing Requirements which exceed the otherwise maximum
residential density for the development site.
Density transfer: An increase of density on one portion of a property to a level that may
exceed the underlying General Plan designation of that portion of the property, while
maintaining a gross density over the entire property that is consistent with the General Plan
designation through a decrease in density on the remaining portion of the property.
Deposit, street cut: A cash deposit insuring the repair of public rights-of-way altered during
construction.
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Deposit, swimming pool: A cash deposit insuring the repair and cleaning of public rights-of-
way altered during swimming pool construction.
Design: The physical aspects of a development, road improvement, or other construction
project. Design includes, but is not limited to, the planning and engineering of the following:
street alignments, grades and widths; drainage and sanitary facilities and utilities, including
alignment and grades thereof; location and size of all required easements and rights-of-
way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be
dedicated for park or recreational purposes; location and size of all proposed buildings and
structures; provision of landscaping and open space; pedestrian and bicycle facilities;
architectural style; colors and materials; and any other such specific physical
improvements.
Design Review Committee: A standing committee appointed by the City Council comprised
of representatives from the Planning Commission and general public with expertise in
urban planning, architecture, landscape architecture, or related fields, and which is charged
with reviewing development project proposals for conformance with the City's adopted
Design Guidelines, General Plan design policies and objectives, and accepted design
principles. The DRC provides recommendations on design issues to the Planning
Commission and to staff, and may take final action on landscaping, architecture, lighting,
signage, and other design plans as authorized by the Planning Commission through
conditions of approval on development projects.
Detached: Any building or structure that does not have a wall or roof in common with any
other building or structure.
Development: Includes the placement or erection of any solid material or structure;
discharge or disposal of any dredged material or any gaseous liquid, solid or thermal
waste; grading, removing, dredging, mining, or extraction of any soil or materials; change in
the density or intensity of use of land, including, but not limited to, subdivisions pursuant to
the Subdivision Map Act (commencing with section 66410 of the California Government
Code), and any other division of land, including lot splits, except where the land division is
brought about in connection with the purchase of such land by a public agency for public
recreational use; change in the intensity of use of water, or of access thereto; construction,
reconstruction, demolition, or alteration of the size of any structure including any facility of
any private, public, or municipal utility; and the removal of any major vegetation. This term
also incorporates the definition of a "project", as defined in Government Code Section
65931.
Development Advisory Board: Those representatives of the City of San Juan Capistrano
departments of Planning, Services, Engineering and Building Services, Public Works, and
those representatives of other public agencies, who confer from time to time to review
development applications and preliminary development proposals for conformance with
City regulations, policies and standards. .
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Development agreement: A contract between a developer and the City establishing the
conditions underwhich a particular development project may occur, pursuant to State law
and local ordinance.
Development application: An application for approval of a land subdivision, conditional use
permit, architectural control, variance, or any other development approval or entitlement
that has been filed with and is pending for consideration by the City pursuant to this Land
Use Code.
Development project: A public or private -sector venture involving the development,
construction, structural or site modification, or redevelopment of commercial, industrial,
residential, or other properties.
Development footprint: The area on the project site that has been impacted by any
development activity. Hardscape, access roads, parking lots, non -building facilities and
building structures are all included in the development footprint.
Development plan: A plan created to describe a proposed development on a specific
building site.
Development site: All the parcels, lots, or unsubdivided land encompassed within a
development project.
Development standard: A numerical maximum or minimum requirement set for each zoning
district and regulating the development of building sites. Such standards include, but are
not limited to, building setbacks, street frontage, and lot sizes.
Diameter at breast height (dbh): The diameter of a tree measured in inches at four and one
half (4.5) feet above existing grade. If a tree splits into multiple trunks below 4.5 feet, the
trunk is measured at its most narrow point beneath the split. The diameter may be
calculated by use of the following formula: dbh=circumference at 4.5 feet above grade
divided by 3.14.
Director of Planning Services or Planning Director: The Planning Directorforthe City of San
Juan Capistrano, or his or her duly authorized agent. Shall also be known as the
Community Development Director.
Discontinue (Discontinuance): The cessation or removal of a use for a specified period of
time or permanently.
Discretionary decision: See Decision.
Dish antenna: See Antenna, dish.
District or zoning district: A Base District or Environmental Overlay District.
District, Base: See "base district."
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District, Environmental Overlay: See "Environmental Overlay District."
District, Historic: See Historic District.
Dog: A canine of either sex, altered or unaltered, that has reached the age of four (4)
months.
Domestic water use: The use of water fordirect human consumption, human contact, or in
the preparation of foods for human consumption.
Domicile: A residence that is a permanent home to an individual or household.
Dormitory: A structure intended principally for sleeping accommodations, and where no
individual kitchen facilities are provided, when such structure is related to an educational or
religious institution.
Drainage facilities: Improvements constructed for the storage or conveyance of storm
water runoff, including swales, culverts, ponds, storm drains, drop -inlets, outfalls, basins,
pumps, gutter inlets, manholes, and conduits.
Drive-in facility: an establishment or portion thereof from which business is transacted, or is
capable of being transacted, directly with customers located in a motor vehicle during such
business transactions.
Driveway: A permanently surfaced area providing direct access for vehicles between a
right-of-way and a permitted off-street parking or loading area. For purposes of this
definition, "permanently surfaced" shall mean covered with an approved all-weather
material, which may include asphalt, concrete, pavers, hardscape, or other material
approved by the City.
Drought -resistant landscaping: Plant material that is able to thrive with minimal watering.
Duplex: See "Dwelling, two-family."
Dwelling: A building or portion thereof used exclusively for residential purposes, including
one -family, two-family and multiple dwellings, but not including hotels, motels, boarding
houses, nursing homes, rest homes, children's homes, or hospitals.
Dwelling, multiple family: A dwelling within a building on one lot, containing separate living
units for three (3) or more households, having separate or joint entrances, and including
apartments, condominiums, and townhomes.
Dwelling, single-family attached: A residential building designed for, and used for, the
separate homes or residences of two (2) or more separate and distinct households living
independently of each other living in separate ownership units (such as condominiums or
townhomes).
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Dwelling, single-family detached: A detached building designed or used exclusively for
occupancy by one household and containing one dwelling unit.
Dwelling, two-family: A building designed or used exclusively for occupancy by two (2)
households and containing two (2) dwelling units.
Dwelling unit: One or more rooms, one of which is a kitchen, in a building or portion thereof,
designed, intended to be used, or used for occupancy by one household for living and
sleeping purposes, (not including hotels or motels).
om
EA: The Environmental Administrator for the City of San Juan Capistrano.
Early California style: An architectural style characterized by the use of light-colored stucco
or masonry walls, exposed wooden beams, tile or shake roofs and wrought iron details.
May include Monterey, Mediterranean, Mission Revival, and Spanish Colonial features.
Earth tone or Mission colors: Muted colors such as browns, tans, beige, pale yellows, and
similar shades, but excluding bright or obtrusive colors.
Easement: A recorded right or interest in the land of another, which entitles the holder
thereof to some use, privilege, or benefit out of or over said land.
Eating and drinking establishment: See Restaurant or Bar
Ecosystem: A basic' unit of nature that includes a community of organisms and their
nonliving environment linked by biological, chemical, and physical process.
Eave: The projecting lower edge of a roof overhanging the wall of a building. See also
Architectural projections.
Educational facility, commercial: A school, institute, or training facility operated for profit,
which may include but not be limited to trade or vocational schools, traffic schools, business
schools, computer training facilities, beauty schools, and similar establishments.
Educational institution: A public, private, parochial, or other non-profit institution conducting
regular academic instruction at the elementary, secondary, collegiate levels and university
or graduate level as qualified by the State Department of Education. Electrolier: A total
street light assembly.
Electric distribution substation: An assembly of equipment that is part of a system for the
distribution of electric power where electric energy is received at a sub -transmission voltage
and transformed to a lower voltage for distribution to the general consumer.
Page 28 of 84 EXHIBIT C
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Elevation: The vertical distance above or below a fixed reference level
Elevation drawing: A flat scale drawing of the front, rear, or sides of a building or structure,
drawn to scale and showing architectural details, colors, and materials.
Emergency: A sudden, unexpected occurrence demanding immediate action to prevent or
mitigate loss of or damage to life, health, property, or public services.
Employee: Any person employed by a firm, business, educational institution, nonprofit
agency, corporation, government agency, or other entity.
Employment generation factors: Factors used to calculate the total potential employment of
a particular project for determining the applicability of the provisions of this chapter.
Enclosed: A covered space fully surrounded by walls, which may include windows, doors,
and similar openings or architectural features.
Encounter Center: A business establishment wherein the patrons are invited to discuss
sexual matters and who pay a fee for such discussion. This definition does not include
therapy sessions conducted by physicians, therapists, and counselors licensed and
regulated by the state.
Encroachment: Any projection into a delineated setback, right-of-way, adjacent property,
easement, or delineated floodway.
Endangered species: A plant or animal species that is in danger of becoming extinct
throughout all or a significant portion of its range, as defined by the federal Endangered
Species Act or California Endangered Species Act.
Entertainment, live: Any act, play, revue, pantomime, scene, dance act, musical
performance, performance act, or song, storytelling, or poetry reading, or any combination
thereof, performed by one or more persons, either employees or patrons of a business
establishment, whether or not they are compensated for the performance.
Entitlements: Land use approvals granted for a development project.
Environment: The natural and built places within or surrounding a community. The natural
environment includes the topography, natural landscape, flora and fauna, streams, lakes,
and watersheds, and other natural resources, while the human/built environment includes
the physical infrastructure of the community, as well as its institutions, neighborhoods,
districts and historical and cultural resources.
Environmental Impact Report (EIR): The public document used by a governmental agency
to analyze the significant environmental effects of a proposed project, to identify
alternatives, and to disclose possible ways to reduce or avoid the possible negative
environmental impacts pursuant to the California Environmental Quality Act.
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Environmental justice: The fair treatment of people of all races, cultures, and incomes with
respect to the development, adoption, implementation, and enforcement of environmental
laws, regulations, and policies, as defined by State law.
Environmental Management Agency: The Environmental Management Agency of the
County of Orange.
Environmental Overlay District: A certain portion of the Citywherein regulations relating to a
specific environmental or physical characteristic (such as vulnerability to flooding) are
imposed in addition to those of the Base District covering the land in question.
Environmental review: The process of determining the impact of proposed projects on the
environment, pursuant to the provisions of the California Environmental Quality Act
(CEQA) and the City's adopted CEQA Guidelines.
Equestrian trail: See Trail, equestrian.
Equestrian trail access: See Trail access, equestrian.
Equine: A category of domestic animal that includes horses, ponies, donkeys, or mules.
Erosion: A combination of processes in which materials of the earth's surface are
loosened, dissolved, or worn away, and transported from one place to another by natural
agents (such as water, wind, or gravity).
Exception: A minor modification(s) to restrictions or requirements set forth in this title, and
which has no potential for adversely impacting adjacent property.
Explosives: Any explosive substance, having a power equal to or greater than that of
ordinary black powder, including but not limited to blasting caps, detonating, fulminating or
electric caps, gunpowder and dynamite, but shall not include fixed ammunition for small
arms.
Extraction: The removal from the earth of oil, water, gas, gravel, mineral or geothermal
resources by drilling, pumping or other means, whether for exploration or production
purposes.
Extraction operation, commercial: The removal or displacement of sand, gravel, rock,
aggregate, clay, or similar materials conducted for financial gain.
-- F --
Facade: The exterior walls of a building exposed to public view, or those walls viewed by
persons not within the building.
Facility standards: Site or building improvements required by Section 9-3.555
Transportation Demand Management which provide opportunities for trip reduction.
Page 30 of 84 EXHIBIT C
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Family: one or more persons related by blood, marriage, or legal adoption, or a group of
persons including unrelated individuals, living together as a relatively permanent, bona fide
housekeeping unit.
Family care home: A home licensed by the State providing twenty-four (24) hour, non-
medical care for six (6) or fewer persons. This may include mentally or physically
handicapped persons.
Family child day care home: See day care, family.
Family entertainment center: An establishment engaged in providing a range of
entertainment activities to a variety of age groups including children. Such activities may
include but not be limited to batting cages, go-cart tracks, miniature golf courses, water
slides, play areas, amusement machines, and limited food service.
Fee: A payment of funds to the City for any of the applications or other entitlements set
forth in Section 9-5.101 Fees, Deposits, and Bonds or elsewhere in the Municipal Code.
Feeder trail: See Trail, feeder
Fence: A freestanding device, structural or natural, forming a physical barrier by means of
hedge, wood, mesh, metal, chain, masonry, brick, slate, plastic or other similar material,
intended to enclose or screen areas of land.
Fence, open: A fence that permits at least fifty (50) percent open visibility through the
fence.
File: To formally submit plans, applications, appeals, complaints, 'requests or other
documents with the City or another governmental agency, private firm, or individual.
Fill: Any material or substance that is deposited, placed, pushed, dumped, pulled, or
transported or moved to a new location and the conditions resulting therefrom. Fill also
includes pilings placed for the purpose of erecting structures thereon when located in a
submerged area. Examples of fill material include, but are not limited to, earth, excavated
or dredged materials, sand, gravel, rock, riprap, and concrete.
Final map: A subdivision map prepared by or under the direction of a licensed land
surveyor or registered civil engineer in accordance with the California Subdivision Map Act
and this Land Use Code, and which is intended to be placed on record in the office of the
County Recorder.
Final maps, multiple or phased: Any aggregation of final maps that are filed on property
included in a single tentative map.
Finding: A determination or conclusion based on the evidence presented to the reviewing
authority, in support of its decision on a land use application.
Page 31 of 84 EXHIBIT C
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Finished grade measurement: See grade, finished.
Fire flow: The flow of water required to extinguish a largest probable fire served by a water
facility.
Flood, flooding, or flood water: A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters; the
unusual and rapid accumulation or runoff of surface waters from any source; mudslides or
mudflows; and the condition resulting from flood -related erosion.
Flood hazard: A hazard to land or improvements due to overflow water having sufficient
depth or velocity to transport or deposit debris, scour the surface soil, dislodge or damage
buildings, or erode the banks of watercourses.
Flood Insurance Rate Map (FIRM): the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
Flood protection elevation: That elevation not less than one foot above the water surface
profile associated with the 100 -year flood, plus any increases in flood heights attributable to
encroachments on the floodplain.
Flood, standard project: The largest flood that can be expected from the most severe
combination of meteorological and hydrological conditions considered reasonably
characteristic of the geographical region involved.
Flood, 100 -year: a flood that has a one percent chance of being equaled or exceeded in
any given year (also called the "Base Flood").
Flood, 25 -year: Flooding from that storm that has a probability of occurring once in twenty-
five (25) years.
Floodplain administrator: the community official designated by title to administer and
enforce the floodplain management regulations.
Floodplain or flood -prone area: any land area susceptible to being inundated by water from
any source. See Flood.
Floodplain management: the operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness
plans, flood control works, floodplain management regulations, and open space plans.
Floodway, regulatory: For purposes of enforcing floodplain management regulations, the
channel of a river or other watercourse and the adjacent land areas that must be reserved
Page 32 of 84 EXHIBIT C
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in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
Floor area, gross: The sum of the gross horizontal areas of all floors of a building,
measured from the exterior face of exteriorwalls, or from the centerline of a wall separating
two buildings, but not including interior parking space, loading space for motor vehicles, or
any space where the floor -to -ceiling height is less than six (6) feet.
Floor area, habitable: The total horizontal area of all the floors of a building measured from
the exterior surface of the outside walls including all floors below ground level, but
exclusive of vent shafts, courtyards and garages.
Floor area ratio (FAR): The numerical value obtained through dividing the total gross floor
area of all buildings on a lot and the total area of that lot, as shown in Figure 4.
Following: A reference to a subsequent sentence or paragraph within the same section of
the Land Use Code. For example, "as set forth in Paragraph D4, following."
Foot-candle: A unit of illumination equal to one lumen of light falling on a one -square foot
area from a one candela light source at a distance of one foot.
Frontage, street or highway: That portion of a lot or parcel of land which abuts a public or
private street or highway, as measured along the common lot line separating said lot or
parcel of land from the street or highway.
Front wall: The nearest wall of a structure to the street upon which the structure faces,
excluding awnings, canopies, eaves, and any other architectural embellishments.
I Floor
50% Ler
C-89
lot depth
lot .idth
Floors
Cotvrog
In a zone district with a maximum
FAR of 0.50:1, the maximum
allowable floor area of a building on a
40,000 sq. ft. lot would be 20,000
sq. ft. (20,000 sq. It. divided
by 40,000 sq. ft. equals 0.50).
NOTEt Variations may occur if upper floors aro
stepped back from gnntad level lot coverage.
Figure 4: Floor Area Ratio
FRONTAGE
Figure 5: Street Frontage
--G—
SIDE STREET
FRONTAG E
Gable: The vertical triangular end of a building from cornice or eaves to ridge.
Game machine: Any electric or electronic machine (e.g., pinball, video games) which
provides amusement, enjoyment or entertainment and which may be operated upon the
insertion of a coin or token. This term shall not include jukeboxes, children's mechanical
rides (e.g., horses, rocket ships), or machines that sell merchandise.
Page 34 of 84 EXHIBIT C
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Game machine center or arcade: A place of business or establishment in which the
operation of game machines is the primary use. See also Internet cafe.
Garage: A building or a portion of a building used primarily for the parking of vehicles
belonging to the occupants of the property.
Garage, private: An accessory building or an accessory portion of the main building,
designed and used primarily for the shelter or storage of vehicles owned or operated by the
occupants of the main building.
Garage, public: A building other than a private garage used for the parking and storage of
vehicles that is available to the general public.
Garage sale: The sale from the residence or residential lot of a vendor of his personal
property which has been used in his home and which personal property was not
purchased, acquired, or solicited by the vendor for the purpose of resale. This term also
includes residential yard sales and patio sales.
General Fund: For the purposes of Section 9-3.521 Hazardous Waste Facilities, the State
of California General Fund.
General Plan: A statement of policies developed by local governments, including text and
diagrams, setting forth objectives, principles, standards, and plan proposals for the future
physical development of the city. When used in the land use code, the term refers to the
General Plan of the City of San Juan Capistrano adopted by the City Council, as amended
from time to time.
Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or
loss in visual performance and ability.
Government Code: The State of California Government Code.
Governor's Appeal Board: For the purposes of Section 9-3.521 Hazardous Waste Facilities,
a board formed to review the appeal by an applicant, as defined above, of a specified
hazardous waste facility land use decisions disapproved by the City or of one or more
conditions of approval placed on an approved specified hazardous waste facility or an
appeal by an interested person, as defined herein, based solely on the ground that the
conditions imposed do not adequately protect the public health, safety or welfare. The
Governor's Appeal Board's membership, purpose and procedures are defined by State
Health and Safety Code Sections 25199.9 through 25199.9.14.
Grade: The degree of inclination of the ground surface. See Slope.
Grade, finished: The final grade of the site after development, which conforms to
approved final or precise grading plans.
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Grade, natural: The elevation of the ground surface in its natural state, before manmade
alterations.
Gradient: The rate of vertical change of a ground surface expressed as a percentage
figure and determined by dividing the vertical distance by the horizontal distance. (Also see
Slope and Slope steepness.)
I.MIMI G, G&1UL
Figure 6: Natural and Finished Grade
Grading: An excavation, filling in, spreading, or moving of earth, sand, gravel, rock, or other
material on a lot, building site, street right-of-way or other land area by mechanical means,
including but not limited to rock processing, dredging, blasting, bulldozing, and digging.
Grading also includes "grubbing", which is the clearing of land by digging up roots and
stumps, thereby disturbing all vegetation on a site. Grading does not include "disking",
which is the cultivation of soil with an implement that turns and loosens the soil with a
series of discs, such as for weed abatement.
Grading, mass: A grading technique in which all lots, building pads and streets are graded
over the entire site area resulting in the disruption of the majority of the on-site natural
grade and vegetation, and often resulting in, but not require to result in, a successive
pad/terrace configuration.
Green building: The practice of increasing the efficiency of buildings and their use of
energy, water, and materials, and reducing building impacts on human health and the
environment, through improved methods of siting, design, construction, operation,
maintenance, and removal that encompass the complete building life cycle.
Greenfields: Sites that have not been previously developed or built on, and which could
support open space, habitat or agriculture. Gross leasable area (GLA): The total floor area
designed for tenant occupancy and exclusive use, including basements, mezzanines, and
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upper floors, if any; expressed in square feet and measured from the center line of joint
partitions and from outside wall faces.
Groundcover: Low -growing plants used to prevent soil erosion.
Ground water quality: The quality of subterranean waters in terms of their chemical,
physical, biological, and radiological characteristics as related to possible domestic water
use.
G-string: An article of clothing that opaquely covers the buttocks at least one inch on either
side of the natal cleft and covers the entirety of the genitalia and pubis.
Guest house.: An accessory use to a primary single-family residential dwelling, which is
located on the same building site and may be attached to or detached from the primary
dwelling unit, and which contains living quarters occupied solely by members of the family,
temporary guests, or persons regularly employed on the premises. A guest house shall not
contain kitchen facilities and shall not be rented or otherwise used as a separate dwelling
unit.
Is:C
Habitable structure: A structure that is suitable for human occupancy for purposes of
employment, habitation, or other purpose.
Hardscape: Impermeable areas within a developed site not included in building areas,
including patios, decks, driveways, loading areas, pathways, and sidewalks, along with
incidental structures and equipment such as benches and lighting.
Hazardous material: Any substance that, because of its quantity, concentration, or physical
or chemical characteristics, poses a significant present or potential threat to public safety if
released into the workplace or the environment.
Hazardous waste: A waste, or combination of wastes, which because of its quality,
concentration, toxicity, corrosiveness, mutagenicity or flammability, or physical, chemical, or
infectious characteristics may: (1) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapacitating reversible illness; or (2)
pose a substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or otherwise managed.
Hazardous waste facility, specified: An off-site facility project proposal.
Health club: An establishment providing exercise and other health fitness conditioning,
including gymnasiums, aerobic dance and exercise classes, reducing salons, spas, and
similar fitness facilities.
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Health Department: The County of Orange Department of Environmental Health.
Health officer: A health officer or inspector for the County of Orange or duly authorized
representative.
Health and Safety Assessment: For the purposes of Section 9-3.521 Hazardous Waste
Facilities, a technical and environmental evaluation of a proposed facility, site, and
surrounding area prior to approval of a conditional use permit. The assessment will
consider the qualities and the physical and chemical characteristics of the specific types of
waste that would be handled. The assessment will include a hydraulic evaluation as well as
risks due to flooding, earthquakes and potential water or air pollution. It is not intended that
the Health and Safety Assessment duplicate information developed for environmental
impact reports or risk assessments required under local, State or federal regulations.
Heat island effect: Micro -climate that occurs when warmer temperatures are experienced
in urban landscapes compared to adjacent rural areas as a result of solar energy retention
on constructed surfaces. Principal surfaces that contribute to the heat island effect include
streets, sidewalks, parking lots, and buildings.
Height: See Building height.
Heliport: An area of land or a structural surface which is used or intended for use for the
landing and takeoff of helicopters; including any appurtenant areas which are used or
intended for use for heliport buildings and other heliport facilities.
High water -use plants: Plants characterized by high transpiration rates, shallow rooting,
the need forfrequent watering during summer months, orwith exposure to hot and drying
climatic conditions, which'may include annuals, plants in containers, and non-native and
non-xeriscape plants
Historic District: A significant concentration, linkage, or continuity of sites, buildings,
structures, or objects united historically or aesthetically by plan or physical development
whose identity results from the interrelationship of its resources that can convey a visual
sense of the overall historic environment; or be an arrangement of historically or
functionally related properties; or be a grouping of archeological sites related primarily by
their common components.
Home business: A business conducted with a home business permit as a secondary use
incidental to and entirely within a residential dwelling in a residential district and Agri -
Business District, by the occupant of the dwelling in connection with which there is no
display, no stock in trade or commodity sold on the premises; and which is conducted in
such a manner that the outward appearance of the premises gives no indication of other
than residential use, and which is not detrimental to the residential character of the
neighborhood by virtue of traffic flow, noise, odor or other adverse characteristics, subject
to the provisions of Section 9-3.523 of the Land Use Code.
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Homeless shelter: A facility that provides sleeping accommodations and restroom facilities
to homeless persons for less than a 24-hour stay. This term does not include congregate
meal facilities or transitional housing.
Hospital: An establishment, licensed by the State Department of Health Services, which
provides accommodations, facilities and services over a continuous period of twenty-four
(24) hours or more, for observation, diagnosis, treatment or care of human patients who are
suffering from illness, injury, deformity, or abnormality, or from any condition requiring
obstetrical, medical, or surgical services.
Hotel: A residential building designed or used to be rented for occupancy by guests for
dwelling, lodging, or sleeping purposes for a period of 30 consecutive calendar days or less
containing six (6) or more guest rooms or suites of rooms, but not including any building in
which human beings are housed or detained under legal restraint or which is used as a
drug or other rehabilitation center. Typical incidental uses may include meeting rooms,
restaurants, and recreation facilities to serve hotel guests.
Housing cost, owner occupied: The sum of actual or projected monthly payments for all of
the following associated with for -sale target units: principal and interest on a mortgage loan,
including any loan insurance fees, property taxes and assessments, fire and casualty
insurance property maintenance and repairs, homeowner association fees and a
reasonable allowance for utilities.
Housing cost, rental occupied: The sum of actual or projected monthly payments for all of
the following associated with rental target units: rent and a reasonable allowance for
utilities.
Human scale: How humans perceive the Size of their surroundings and their comfort with
the elements of the natural and built environment relative to their own size. In urban areas,
human scale represents buildings that can be observed within a short distance and at the
speed of a pedestrian, and sites and districts that are walkable. In contrast, automobile
scale represents a built environment where buildings, sites, signs, etc are designed to be
observed and reached at the speed of an automobile
Hydrozones: A portion of the landscaped area having plants with similar water needs that
are served by a valve or set of valves with the same schedule. A hydrozone may be
irrigated or non -irrigated.
Illegal structure, use, or lot: A structure, use, or lot that did not conform to applicable laws
when constructed or initiated and which has not been granted legal nonconforming status
by a categorical provision of this Land Use Code, or has not been brought into full
conformity by a specific remedy provided in this Code.
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Ordinance 938
Illumination intensity: An expression, in wattage, lumens, or foot-candles, of visually
perceived brightness from an artificial light source.
Immobile populations: Schools, hospitals, convalescent homes, prisons, facilities for the
mentally ill, and other similar facilities.
Impervious surface: Any material that substantially reduces or prevents the infiltration of
storm water into previously undeveloped land.
Improvement: Any building, structure, feature, or object constituting a physical addition to
real property or a structure on real property, or any part of such addition. Improvements
include the construction of streets and all related appurtenances, bridges, utilities,
pedestrian ways, bikeways, equestrian trails, or landscaping and irrigation in connection
with an approved development or public works project, whether involving the subdivision of
land or not.
Improvement plans: Engineering drawings intended to be used in the construction of street,
trail, water, sewer, drainage, drainage facilities, landscape facilities, and appurtenances.
Inauguration of use: The commencement of construction activities pursuant to an
approved development plan, meaning that applicable grading and building permits have
been issued, and that substantial work has been performed on the project site and
substantial liabilities have been incurred in good faith reliance on such permits, such that
the use shall be considered to be established on the project site pursuant to the applicable
land use approval.
Income -qualified households: Households which are eligible for affordable housing units
based on annual income of the household in comparison with Orange County median
household incomes, as follows:
"Very low" income household: income is less than 50 percent of the Orange County
median income;
"Low" income household: income is between 50 to 79 percent of the Orange County
median household in come;
"Moderate" income household: income is 80 to 119 percent of the Orange County
median household income. (See Affordable housing.)
Industrial district: Industrial Park (IP), Commercial Manufacturing (CM), or Agricultural (A)
Districts.
Infrastructure: Permanent, physical improvements, whether public or private, required to
support development, including but not limited to streets, sewer, water, utilities, drainage
facilities, and public facilities.
Page 40 of 84 EXHIBIT C
Ordinance 938
Inoperative vehicle: Any vehicle which is not currently registered or which is not capable of
self -propulsion, as defined by State law.
Interested person: Any person who has been determined to have an interest in a pending
land use decision, including persons who have requested to be notified of such decisions.
For the purposes of Section 9-3.521 Hazardous Waste Facilities, "interested person" shall
mean a person who participated in one or more public meetings or hearings held to
consider an application for a land use decision for a specified hazardous waste facility
project. Participation as defined by State Health and Safety Code Section 25199.1(c)
includes, but is not limited to, the giving of oral or written testimony at a meeting or hearing,
submission of questions at a meeting or hearing, or attendance at the meeting or hearing.
Intermodal: Refers to the connections between transportation modes.
Internet cafe: See Cyber cafe.
Intersection: Where two or more roads connect at grade, often characterized by a high
level of activity and shared use, multi -modal conflicts, complex movements, and special
design treatments.
Institutional use: A non-profit or quasi -public use or institution such as a church, library,
post office, public or private school, hospital, or city building, or land or structures used for
public purposes.
Invasive plants: Both indigenous and non -indigenous species or strains that are
characteristically adaptable, aggressive, and have a high reproductive capacity and tend to
overrun the ecosystems which they inhabit.
Inventory of Historic and Cultural Landmarks (INCL): A listing of locally culturally and
historically significant sites, buildings, objects, and districts based on the criteria of Section
15064.5 of the Guidelines for the California Environmental Quality Act.
Irrevocable offer of dedication: An offer made to the City of San Juan Capistrano for the
dedication of land or facilities which, at anytime, may be accepted by resolution of the City
Council. A rejection of the offer, at any time, shall not cancel the offer of dedication.
Cancellation is only by City Council upon conducting of a public hearing.
Irrigation, drip: High -efficiency irrigation method in which water is delivered at low pressure
through buried mains and sub -mains, and water is distributed to the soil from a network of
perforated tubes or emitters.
Irrigation, spray: Irrigation system used for landscaping using pressure to deliver water that
is distributed through sprinkler heads above the ground.
-- J --
Page 41 of a4 EXHIBIT C
Ordinance 938
Junk: Any scrap, waste, reclaimable material or debris, whether or not stored or used in
conjunction with dismantling, processing, salvage, storage, baling, disposal, orother use or
disposition. This term may include but is not limited to used machinery, scrap iron, steel,
other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic,
cordage, building materials or other waste which has been abandoned from its original use
and may be used again in its present or in a new form. Materials or equipment kept on any
premises for use in the construction of any building on such premises in conjunction with an
active building permit shall not be deemed "junk" within the meaning of this section.
Junk or salvage yard: Any premises used for the keeping or storage of junk, including but
not limited to iron and scrap metals, paper, rags, glass, wood, and similar materials, and
shall include the dismantling of machinery or the storage or keeping for sale of parts and
equipment resulting form dismantling or wrecking operations on said property or elsewhere.
-- K --
Kennel: Any place where four (4) or more dogs, four (4) months of age or older, are kept or
maintained.
Kennel, commercial: Any kennel where four (4) or more dogs four (4) or more months of
age or older are maintained for the purpose of boarding, breeding, raising, or training dogs
for a fee or for sale.
Kitchen: Any room or portion of a room used, intended, and designed to be used for
cooking or the preparation of food, including storage and refrigeration.
ow
Lake: An inland water body, either natural or manmade, fed by springs, surrounding
drainage, or artificial means.
Land use: The way in which property is or will be utilized or occupied.
Land Use Code (LUC): Title 9 of the City of San Juan Capistrano Municipal Code, including
all text and maps, as it may be amended form time to time.
Land use decision: A decision by the reviewing authority on an application for a permit or
other entitlement for use, pursuant to this Code. For the purposes of Section 9-3.521
Hazardous Waste Facilities, a discretionary decision of the City concerning a specified
hazardous waste facility including the issuance of land use permit, a conditional use permit,
the granting of a variance, the subdivision of property and the modification of existing
property lines pursuant to Title 7 (commencing with Section 65000) of the Government
Code.
Page 42 of 84 EXHIBIT C
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Landmark, historical: Any historic site, building, structure or object (listed either individually,
as a group or as a Historic District) on the City of San Juan Capistrano's Inventory of
Historic and Cultural Landmarks. May also refer to properties listed on the National
Register of Historic Places or the California Register of Historical Resources.
Landscape area: Those portions of a building site or development site that are set aside to
remain in permanent open space, excluding driveways, parking paving, loading, or storage
areas, or portions of structures, and in which landscaping exists or is planned to be
installed. Landscape areas may also include accessory structures such as fountains,
benches, art works and similar features designed to enhance the landscaping.
Landscape area, water -dependent: All outdoor areas under irrigation or using water,
including, swimming pools, and water features, but excluding hardscape areas.
Landscape plans: Plans prepared to depict proposed landscaping and irrigation on a
development site, which include a planting plan and an irrigation plan drawn to the same
scale as the grading plan, that clearly and accurately identify specified plants, irrigation
layout, equipment, finish grades and drainage, specifications and construction details, plan
sheet numbers, and drawing date of plans.
Landscape structures: Accessory structures that are designed and constructed as an
integral part of the landscaping, which may include waterfalls, grottos, faux rocks, or other
similar materials manufactured to resemble natural materials. Landscape structures
require no additional discretionary review unless they are over 36 inches in height above
the adjacent grade, in which case they are treated as accessory structures subject to
applicable setback and design requirements of the Land Use Code.
Landscaping: The planting and maintenance of some combination of trees, groundcover,
shrubs, vines, flowers, lawns, or other plant materials. In addition, landscaping may
include natural features such as rock and stone, and landscape structures.
Law: Includes the United States Constitution, federal law and statues, the Constitution and
statutes of the State of California, and the codes and ordinances of the City of San Juan
Capistrano, and when appropriate, any and all rules and regulations which may be
promulgated thereunder.
LEED: Leadership in Energy and Environmental Design, a nationally accepted benchmark
for the design, construction, and operation of high performance green buildings, as
established by the U. S. Green Building Council. LEED promotes sustainability through site
development, water savings, energy efficiency, materials selection, and indoor
environmental quality.
LEED Certification: Recognition awarded pursuant to the LEED standards certifying that a
building meets all prerequisites and achieves the minimum number of points to earn
Page 43 of 84 EXHIBIT C
Ordinance 938
certification at one of four levels (Certified, Silver, Gold, or Platinum), depending on the
number of credits achieved.
Legislative body: The City Council of the City of San Juan Capistrano
Level of service (LOS): A measure of the operational performance of a road link or
intersection based on a ratio of volume to capacity (V1C) of the facility as determined bythe
Intersection Capacity Utilization (ICU) method or seconds of delay determined by the
Highway Capacity Manual.
Light pollution: Waste light from building sites that produces glare, is directed upward to
the sky, or is directed off the site.
Light source: A device that produces illumination, including incandescent light bulbs,
fluorescent and neon tubes, halogen and other vapor lights and reflecting surfaces or
refractors incorporated into a lighting fixture. Any translucent enclosure of a light source or
reflective surface is considered to be part of the light source.
Liquor store: An establishment in which the primary use is the sale of alcoholic beverages
for consumption off-site which requires a license from the State Department of Alcohol
Beverage Control,
Live art class: Any premises on which all of the following occur: there is conducted a
program of instruction involving the drawing, photographing, or sculpturing of live models
exposing specified anatomical parts; instruction is offered in a series of at least two (2)
classes; the instruction is offered indoors; an instructor is present in the classroom while
any participants are present; and pre -registration is required at least twenty-four (24) hours
in advance of participation in the class.
Loading space, zone: An off-street space or berth used exclusively for loading or unloading
of goods from a vehicle in connection with the use of the site.
Local streets: Streets designed to provide a low level of traffic mobility and a high level of
land access, serving residential, commercial and industrial areas.
Logo: A trademark, copyright, or symbol of an organization that is consistently used within
the conducting of the business activity.
Lot: A piece or parcel of land or a portion of a subdivision, the boundaries of which have
been established by some legal instrument of record that is recognized and intended as a
unit for the purpose of transfer of ownership, and which may be used, developed, or built
upon as otherwise permitted bylaw. A lot maybe created by: (1) a recorded tract map, (2)
a record of survey map recorded pursuant to an approved division of land, or (3) a parcel
map.
Page 44 of 84 EXHIBIT C
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Lot area: The total area (measured in a horizontal plane) included within the boundary lines
of a lot minus any area taken up by surface easements over the lot, such as for equestrian
trial, streets, bikeways, open channel storm drains, etc.
Lot cluster: Any single lot, or a group of adjacent lots having a single uninterrupted
perimeter boundary enclosing all of the lots.
Lot, corner: A lot situated at the intersection of two (2) or more streets having an angle of
intersection of not more than 135 degrees, as shown in Figure 9.
Lot coverage: The total horizontal area of a lot, parcel or building site covered by any
building that extends more than three (3) feet above the surface of the ground level,
including any covered car parking spaces., excluding projecting roof eaves, as shown in
Figure 7, except as otherwise provided in this Land Use Code.
N Psny Nee
10,
Lot Coverage of 2S%
Figure 7: Lot Coverage
Lot depth: The horizontal length of a lot, which shall be measured as follows (See Figure
8):
(1) For lots having straight front and rear lot lines, lot depth shall be measured as the
distance between the midpoint of the front lot line and the midpoint of the rear lot line.
(2) For lots having irregular front or rear lot lines, lot depth shall be measured as an
average of the length of the side lot lines and an imaginary line connecting the bisecting
points of the front and rear lot lines.
Page 45 of 84 EXHIBIT C
Ordinance 938
Lot, flag: A lot not fronting on or abutting a street right-of-way, and where a narrow portion
of the lot provides access to the right-of-way.
Lot frontage: That portion of the lot abutting a street, or the length of that portion of the lot
abutting the street as measured at the front property line.
Lot, interior: A lot other than a comer lot, which abuts only one street, as shown in Figure 9.
Lot, key: A lot with a side lot line that abuts the rear lot line of one or more adjoining lots.
Lot line: A line separating one lot from another or from a public right-of-way, as shown in
Figure 10.
Lxm,& I: SlmipllF",t dRum La Lina
R. UI Line
In
\ Rw Lot Lim
IGS'
¢I b a
b
L: 12 12
1rz
Fmoat lnt I.ioe
FxonI LW L'urc
Lot Umpth—e
t.ot llepth=e
Example 2:]nc Im Fmctm Rem lot Lice
Rear dLinc
I2
'6
12 12
Fnm. I rn line
Lot hpW=
I Run lut Linc
1.2
1 12
1� b
12 12 f
Ri Lot Linc
I.m llepmh = a
3
Figure 8: Lot Depth
Lot line adjustment: The reconfiguration of lot lines where an equal number of lots are
created. Said lots shall conform to all zoning and land use standards of Title 9, the General
Plan, and the Subdivision Map Act.
Lot line. front:
Page 46 of 84 EXHIBIT C
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(1) For an interior lot, the line separating the lot from a street or highway;
(2) For a corner lot, the line separating the narrower street frontage from a street or
highway, unless otherwise specified by deed restriction;
(3) In the case of lots set back from the street, with long narrow portions for access (flag
lot), the line, or series of lines, delimiting the front of the buildable portion of the lot shall
be established as the front lot line;
(4) For a through lot, the lot line abutting the street providing the primary access to the
lot.
Lot line, interior: Any lot line not abutting a street.
Lot line, rear: A lot line, not intersecting a front lot line, which is most closely parallel to the
front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines,
rear lot line shall mean an imaginary line within the lot having a length of 10 feet, parallel to
and most distant from the front lot line, which shall be interpreted as the rear lot line for the
purpose of determining required yards, setbacks, and other provisions of this Land Use
Code.
Lot line, side: Any lot boundary line that is not a front lot line or a rear lot line. On a corner
lot, the street right-of-way line with the greatest amount of street frontage shall be the side
lot line, unless otherwise specified by deed restriction.
Lot, reverse corner: A corner lot in which the rear lot line abuts the side lot line of the
nearest lot to its rear.
Lot, substandard: A lot or parcel of land that has less than the required minimum area or
dimensions as established by the zone in which it is located, provided that such lot or
parcel was of record as a legally created lot on the effective date of this Land Use Code.
Lot, through: A lot having frontage on two generally parallel streets, with only one primary
access.
Pa..na t Plock
come I I � ho.l,a.ry
_Wl� tem I I
Flag
mtetlor I Im I I^l
� Comer
..�F
STREET\'\ %
EXHIBIT C
inance 938
Figure 9: Lot Types
Lot width: The minimum horizontal distance between the side lot lines measured at the
front setback line.
Low -flow irrigation (drip irrigation): Irrigation applicators that apply water directly to soil in a
plant's root zone.
i
STREET SIDE LOT LINE
Figure 10: Lot Lines
IT C
938
Figure 11: Lot Width
Low income household: Households whose income does not exceed the low income limits
applicable to Orange County, as published and periodically updated by the State
Department of Housing and Community Development pursuant to the California Health and
Safety Code.
Low -water -use plants: Plants that, once established, can survive on two irrigations per
month during the summer months.
Lower slope: In relation to terraces on manufactured slopes, the lower slope shall be that
portion of the slope below the terrace.
Lumen: A unit of luminous flux equal to the light emitted in a unit solid angle by a uniform
point source of one candle intensity.
Luminaire: The portion of a lighting fixture containing the bulb; the light source
Lux: A unit of illumination equal to the direct illumination on a surface that is everywhere
one meter from a uniform point source of one candle intensity or equal to one lumen per
square meter.
-M--
Major tenant: For purposes of calculating signage area within an approved sign program,
the major tenant is the business that occupies the greatest amount of leasable floor area in
an office or commercial development, or as otherwise defined within the sign program. See
also Anchor tenant.
Mail services: A commercial business that conducts the retail sale of stationery products,
provides packaging and mail services (both US Postal and private service), and provides
mailboxes for lease.
Main residential building: See "building, main residential."
Page 49 of 84 EXHIBIT C
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Manufacturing: The mechanical or chemical transformation of materials or substances into
new products, including the assembling of component parts, the construction of products,
and the blending of materials such as plastics, resins, or oils.
Mass transit: A publicly or privately operated transportation service that provides
transportation, for the general public, to multiple fixed stops on a scheduled basis. Mass
transit vehicles are typically capable of serving 10 or more occupants, with vehicles such as
buses, trolleys, or light rail.
Massage therapy: Refer to Section 5.24 (Regulation of Massage Therapy).
Maximum daily demand, water: The maximum demand for water from a water distribution
system for a twenty-four (24) hour period.
Maximum hourly demand, water: The maximum demand for water from a water d istribution
system for any hourly period during a twenty-four (24) hour period.
Medical office: Any facility providing physical or mental health service, and medical or
surgical care, of the sick or injured, but excluding in-patient or overnight accommodations.
Medical offices also include medical clinics, health centers, health clinics, urgent care
clinics, and offices of health providers.
Microclimate: The climate of a specific area in the landscape that has substantially differing
sun exposure, temperature, or wind, than surrounding areas or the area as a whole.
Mini -mart or food convenience store: See Convenience store.
Mining: The process of obtaining sand, gravel, rock, aggregate, clay, or similar materials
from an open excavation in the earth for financial gain, but not including the removal of
minerals extracted by underground methods.
Ministerial decision: See Decision, ministerial.
Mission colors: Same as "earth tone colors."
Mixed Use: The combining of, or zoning for, retail/commercial and/or service uses with
residential or office use in the same building or on the same site, either vertically (with
different uses stacked upon each other in a building) or horizontally (with different uses
adjacent to each other or within close proximity).
Mixed-use development: A project which integrates a variety of land uses including
residential, office, commercial, and service uses, which are designed to ensure
compatibility between uses and maximize efficiency of shared infrastructure such as
parking, drive aisles, and utilities.
Mobile noise source: A fixed transportation route orfacility which generates noise impinging
on nearby areas due to vehicle travel on said route or facility.
Page 50 of 84 EXHIBIT C
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Mobile source: Sources of air pollution such as automobiles, motorcycles, trucks, off-road
vehicle, boats, and airplanes.
Mobile recycling unit: An automobile, truck, trailer, or van licensed by the Department of
Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling
unit also means the bins, boxes or containers transported by trucks vans, or trailers and
used for the collection of recyclable materials.
Mobilehome or manufactured home: A home built on a permanent steel chassis in a factory
to the specifications of the National Manufactured Housing Construction and Safety
Standards Act of 1974 and installed either with or without a permanent foundation.
Mobilehome lot: Any area or tract of land, or portion thereof, occupied or held out for
occupancy by one mobilehome that is not owned by the park owner.
Mobilehome park: Any area or tract of land where two (2) or more mobilehome lots are
rented or leased, or held for rent or lease to accommodate mobilehomes used for human
habitation.
Mobilehome park, comparable: Any other mobilehome park within a fifty (50) mile radius,
substantially equal in terms of park amenities, rent, and proximity to services.
Mobility: The movement of people or goods within the transportation system.
Model home: A dwelling unit temporarily used for display purposes as an example of
dwelling units available or to be available for sale or rental in a particular subdivision or
other residential development approved by the city. Model homes may also incorporate
temporary sales or rental offices for dwellings within the development, subject to approval
of a Temporary Use Permit pursuant to Section 9-2.347 of this Land Use Code.
Moderate income household: Households whose income does not exceed the moderate
income limits applicable to Orange County, as published and periodically updated by the
State Department of Housing and Community Development pursuant to the California
Health and Safety Code. See Income -qualified household.
Modular or factory built home: A home built in a factory to the California Factory Built
Housing Code and installed on a permanent foundation.
Month: A calendar month.
Motel: One or more buildings containing individual sleeping units for the temporary
occupancy of tourists or other transients traveling by automobile --with a garage attached or
parking space conveniently located to each unit.
Motor vehicle: A self-propelled device used or intended to be used for the transportation of
freight or passengers upon a street or highway, excepting a device moved by human power
or a device used exclusively upon stationary rails or tracks.
Page 51 of 84 EXHIBIT C
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Mulch: Any material such as leaves, bark, straw, or other materials left loose and applied to
the soil surface to reduce evaporation.
Multimodal: Refers to the availability of transportation options within a system or corridor
including walking, bicycling, driving, or transit.
Multi -tenant: Any building occupied by more than one business.
Municipal Code: City of San Juan Capistrano Municipal Code.
-- N --
Native California (or Indigenous) plants: Plants that grew in California prior to European
contact, and that are part of a native ecosystem.
Noise: Any undesirable audible sound. For purposes of this Code, noise exceeding the
maximum decibel levels for various uses as established in the General Plan Noise Element
may be deemed a nuisance and subject to legal means of abatement.
Noncommercial: A land use or other activity that does not involve the sale of goods or
services for financial gain.
Nonconforming lot, legal: A lot, the area, dimensions, or location of which were lawfully
created in compliance with all applicable ordinances and laws at the time the lot was
created, but which, due to the application of this Land Use Code, or any amendment
thereto, no longer complies with all of the applicable regulations and standards of the zone
in which the lot is located. The determination that a nonconforming lot is legal shall not
relieve the property owner from compliance with all applicable development and building
standards adopted by the City, and shall not be interpreted as approval to build on any
such lot or parcel without first obtaining all required approvals and permits, and complying
with all applicable code requirements.
Nonconforming structure, legal: Any structure or improvement that was lawfully established
in compliance with all applicable ordinances and laws at the time it was erected, but which,
due to the application of this Land Use Code or any amendment thereto, no longer
complies with all of the applicable regulations and standards of the zone in which the
structure or improvement is located.
Nonconforming use, legal: Any use of land or property that was lawfully established in
compliance with all applicable codes and laws at the time the use commenced, but which,
due to the application of this Land Use Code or any amendment thereto, no longer
complies with all of the applicable regulations and standards of the zone in which the use is
located.
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Non -restricted units: All units within a housing development, including mobilehome parks,
which are not subject to restrictions regarding affordability or age of residents. .
NPDES: National Pollution Discharge Elimination Systems of the Clean Water Act.
Numerical limit: The total number of dwelling units forwhich building permits may be issued
within the City during a given calendar year. The numerical limits shall be adopted by the
City Council.
Nuisance: The use of property in a manner that is not in compliance with the provisions of
this Land Use Code.
Object, historic: In the context of historic and cultural resources, those constructions that
are primarily artistic in nature or are relatively small in scale and simply constructed, as
distinguished from buildings and structures. Although it may be, by nature or design,
movable, an object is associated with a specific setting or environment.
Off-site hazardous waste facility: A hazardous waste facility including structures, other
appurtenances, and improvements on the land, and all contiguous land serving more than
one producer of hazardous waste and used for the treatment, transfer, storage, resource
recovery, disposal, and/or recycling of hazardous waste including but not limited to:
(1) Incineration facility;
(2) Residual repository (hazardous waste only);
(3) Stabilization/solidification facilities;
(4) Chemical oxidation facilities;
(5) Neutralization/precipitation facilities; or
(6) Transfer/storage facilities.
Off-site: Located outside of the boundaries of the property that is the subject of a
development application.
Office: A building or portion thereof wherein services are performed involving
predominantly administrative, professional, or clerical operations.
Office of Permit Assistance (OPA): The State of California Office of Permit Assistance.
Office of Planning and Research (OPR): The State of California Office of Planning and
Research.
Official Zoning Map: See Zoning Map, Official.
On-site: Located on the property that is the subject of an application for development.
Page 53 of 84 EXHIBIT C
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Open grid pavement: Pavement that is less than 50% impervious and contains vegetation
in the open cells.
Open space: An area of land which is unimproved except for landscaping or recreational
facilities, and which is set aside, dedicated, designated, or reserved for public or private
use or enjoyment for scenic, environmental, or recreational purposes. Open space does
not include: area covered by buildings or accessory structures (except for recreational
structures); paved areas (except for non -vehicular, pedestrian oriented hardscape spaces);
proposed and existing public and private streets or driveways; or school sites.
Open space, common: Open space within a project owned, designed, and set aside for
use by all occupants of the project or by occupants of a designated portion of the project.
Common open space is not dedicated to the public and is owned and maintained by a
private organization made up of the open space users. Common open space includes
common recreation facilities, open landscaped areas, and greenbelts, but excludes
pavement ordriveway areas, or parkway landscaping within public or private street rights-
of-way. (See Figure 12)
Open space, private: Open space directly adjoining the unit or building which is intended
for the private enjoyment of the occupants of the unit or building. Private open space shall
in some manner be defined such that its boundaries are evident. Private open space
includes private patios or balconies, and front, rear, or side yards on a lot designed for
single family detached or attached housing. (See Figure 12)
Open space, useable: Outdoor or unenclosed area on the ground or on a deck or terrace,
designed and accessible for outdoor living space, recreation, pedestrian access, or
landscaping but excluding streets, parking facilities, driveways, utility or service areas, or
areas which due to their small size or location are not useable for open space purposes.
MCommon Open Space
® Private open Space
1 - 12 Dwelling Units
IIT C
938
Figure 12: Types of Open Space
Ordinance: An ordinance of the City of San Juan Capistrano.
Outbuildings: Detached accessory structures commonly developed on single family
detached (SFD) lots including garages, tool sheds, cabanas, and similar types of
structures. Outbuildings do not include detached secondary dwelling units, patio covers,
tennis courts, or decks.
Outdoor recreational facilities: A private or public use providing facilities for outdoor
recreation activities, including golf, tennis, swimming, or other outdoor sport or recreation,
operated predominantly in the open but which may include clubhouses and incidental
enclosed services or facilities.
Outdoor storage, permanent: The use of a premises or part of a premises not enclosed by
a building that is designated and used for storage of materials or equipment on an on-
going basis.
Outdoor storage, temporary: The use of a premises or part of a premises, not enclosed by
a building, for the storage of materials or equipment for a designated period of time as
authorized by approval of a Temporary Use Permit pursuant to Section 9-3.553 of this Land
Use Code.
Overhang: The part of a roof or wall that extends beyond the facade of a lower wall.
Overhang, vehicle: The portion of a vehicle extending beyond the wheel stop or curb.
Overhead irrigation: An irrigation method that delivers water to the landscape in a spray or
stream -like manner from above -ground irrigation nozzles.
Overriding Considerations: A ruling made by the lead agency in the CEQA process when
the lead agency finds the importance of the project to the community outweighs potential
adverse environmental impacts.
Overspray: Irrigation water that sprays beyond the area it is intended to service.
Owner: Any person appearing on the last equalized assessment roll of the County of
Orange, including any part owner and joint owner.
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Pad, building: That area of a lot graded relatively flat, or to a minimum slope, for the
purpose of accommodating a building and related space.
Paddock: An open, fenced area with a portion of the enclosed area roofed to provide
shade, used to house one or more horses.
Paragraph: A reference to a portion of a Section of this Code having a separate letter or
number heading. For example, `Paragraph Al of Section 3.6.5" refers to material within the
heading Al in Section 3.6.5.
Parapet: The extension of the main wall of a building above the roof level.
Parcel: A contiguous quantity of land in the possession of, owned by, or recorded as the
property of the same person.
Parcel Map: A map, prepared by a registered civil engineer or licensed land surveyor,
showing the subdivision of land into no more than four (4) lots or as otherwise allowed in
accordance with the provisions of the California Subdivision Map Act and this Land Use
Code, and which shows detailed information sufficient for recordation by the County
Recorder.
Park: An open space area set aside and available for use by the public for recreational,
educational, environmental, cultural, or scenic purposes. Parks may be public or private,
with private parks set aside and available for the exclusive use by members of an
association.
Parking area: Any public or private land area designed and used for parking motor
vehicles, including parking lots, garages, private driveways, and legally designated areas of
streets.
Parking, covered: A permanent carport or garage that provides full overhead protection
from the elements with roof coverings customarily used in building construction. Canvas,
plastic, lath, and vegetation are not ordinary roof coverings and do not qualify a space,
when used, as providing a covered parking space.
Parking facilities, off-site: Parking facilities, off-site, shall include any parking lot, area, or
structure for the temporary storage (less than twenty-four (24) months) of motor vehicles
which serve a use or uses which are located on a different legal lot of record from that of
the parking facility and do not directly adjoin the lot served. Off-site parking facilities do not
include parking lots or structures that are classified as "parking facilities, joint use" as
provided by Section 9-3.535 Parking.
Parking facility: An area either open or enclosed within a structure or portion thereof,
designed or used for the parking of motor vehicles.
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Parking lot, public: An open parking facility which is not accessory to a structure or use on
the same or another lot.
Parking management plan: A plan developed by a government agency, the principal aim of
which is to reduce the total number of vehicles miles traveled within a region.
Parking, shared: The development and use of parking areas forjoint use by more than one
business.
Parking space or stall: A designated area within a parking facility designed and used for the
temporary parking of one motor vehicle, not including driveways, ramps, loading or work
areas. .
Parkway: That portion of a street, highway, or alley right-of-way adjacent to but outside of
and separate from the roadway proper, between the curb and the adjacent property line or
physical boundary definition such as fences or walls, which is typically used for walkways,
landscaping, and utilities. ."Parkway area" shall not include median strips and shall not be
designed or used for the movement of motor vehicles.
Pasties: An article of clothing that opaquely covers every portion of the breast below the
upper radius of the areola.
Patio: An open, unenclosed area, often paved, and serving as an outdoor living area,
accessory to and in conjunction with a primary use, the floorof which is less than 30 inches
above the elevation of the adjacent ground level. A patio may be covered or uncovered but
is unenclosed, meaning that at least two sides of the patio are not bounded by a wall
exceeding 36 inches in height.
Patio cover: Any roof -like structure attached to another structure, or any extension of a
roofline, constructed over a patio for the purpose of decoration or protection from the
elements.
Patio cover, open: A patio cover which permits at least fifty (50) percent open visibility
through the cover due to open construction, as with a trellis. For purposes of calculating lot
coverage and floor area ratio, open patio covers are excluded from the calculation, and
may encroach into the rear setback pursuant to Section 9-3.501 of this Land Use Code.
Patio sale: See Garage sale.
Peak flow, sewage: The maximum design flow to be carried by a sanitary sewer.
Peak period, traffic: 6:00 a.m. through 10:00 a.m. period of time, inclusive Monday through
Friday.
Pedestrian access: A site condition that allows pedestrians to walk to buildings and
services without being blocked by walls, freeways, or other barriers.
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Pedestrian way: A paved right -of way for pedestrians that is separate and protected from
the traveled portion of the roadway, and free from vehicular traffic.
Permeable area: An area that allows the movement of water through the ground surface,
including landscaped and open space areas as well as those areas surfaced with pervious
paving materials. Permeable areas allow surface water to infiltrate into the underground
water table, thereby reducing runoff, removing pollutants, and increasing groundwater
recharge.
Perimeter: The boundaries or borders of a lot, tract, or parcel of land.
Permit: Any permit issued pursuant to the provisions of the Municipal Code, together with
the application required for such permit, the conditions upon which such permit is issued,
and the plans, specifications, reports, and approved modifications pertaining thereto.
Permittee: The person to whom a permit is issued pursuant to the provisions of the
Municipal Code.
Person: Any individual, firm, partnership, company, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, county, city,
municipality, district or other political subdivision, foreign country, or the managers, lessees,
agents, servants, officers or employees of any of the above, or any other group or
combination acting as a unit, including any trustee, receiver or assignee.
Perviousness: As a measurement of paving material, the percent of the surface area of a
paving material that is open and allows moisture to pass through the material and soak into
the earth below the paving system.
Pet or domestic pet: See Animal, domestic.
Phase: Any continuous part or portion of a project that is developed in a sequential manner
or as a unit within a specified time period.
Planning Commission: The Planning Commission of the City of San Juan Capistrano.
Pit: Any excavation, depression, or hole in the ground, natural or artificial, from which sand,
gravel, rock, aggregate, clay, or similar materials are being or have been dug, mined,
extracted, or quarried.
Play court: Any area having a paved or hard surface and used for recreational purposes,
including but not limited to courts for tennis, racquetball, squash, badminton, or similar play.
A basketball hoop adjacent to a driveway or attached to a structure is not a play court for
purposes of this Land Use Code.
Preceding: A reference to a previous sentence or Paragraph within the same Section of this
Code. For example: "...as set forth in Paragraph A, preceding."
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Precise Plan or Specific Plan: A plan, adopted by City ordinance, which shows the future
physical development to be implemented within a specifically defined and circumscribed
area of the City. The Precise or Specific Plan will show the types of land uses to be
developed on each parcel; a plan for circulation in and adjacent to the precise plan area;
and written standards, regulations and policies for such items as architectural design, open
spaces, preservation of existing structures, and other relevant factors. See also
Comprehensive Development Plan.
Premises: A lot or building site, or a specified portion of a lot or building site, that contains
the structures and the outside area necessaryfor the location, maintenance, and operation
of the use on the property.
Previously developed sites: Sites that previously contained buildings, roadways, parking
lots, or were graded or altered by direct human activities.
Pre -zoning: The process for designating, in advance of annexation, the zoning to be
applicable to a site upon subsequent annexation of the site to the City of San Juan
Capistrano.
Primary use: The main purpose for which a structure or lot is designed, arranged, or
intended, or for which either may be used, occupied, or maintained under this Land Use
Code.
Primary arterial highway: A highway that provides for through traffic circulation for a
maximum capacity of 33,800 ADT. This category requires 100 -foot of right-of-way.
Principal use: A primary use that is permitted in a district without the requirement for
approval of a Conditional Use Permit.
Private sanitary sewer: A sanitary sewer maintained and operated by a nonpublic agency
or persons joining a City (public) sanitary sewer.
Private sanitary system: A sewage disposal system that collects, treats, and disposes of
sewage independent of any City (public) sewage facilities.
Processing facilities (recycling): A building or enclosed space for the collection and
processing of recyclable materials. Processing means the preparation of material for
efficient shipment, or to an end -user's specifications, by such means as baling, briquetting,
compacting, flattening, grinding, crushing, shredding, mechanical sorting, cleaning, and re-
manufacturing. Processing facilities include light processing facilities and heavy processing
facilities.
Processing facility, certified (recycling): A certified processing facility is a processing facility
certified by the California Department of Conservation as meeting the requirements of the
California Beverage Container Recycling and Litter Reduction Act.
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Processing facility, light (recycling): A light processing facility is a processing facility which
occupies an area of under 45,000 square feet of gross collection, processing and storage
area and has up to an average of two (2) outbound truck shipments per weekday. Facilities
are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting
recyclable materials and repairing of reusable materials sufficient to qualify as a certified
processing facility. A light processing facility shall not shred, compact, or bale ferrous
metals other than food and beverage containers.
Processing facility, heavy (recycling): A heavy processing facility is any processing facility
other than a light processing facility.
Professional office: An office from which a lawyer, engineer, architect, or other similar
professional may offer services within an approved building in a zone district allowing such
uses (excluding home occupations and medical offices).
Prohibited use: A use that is not permitted in a zone district, either as a listed use or as
determined to be consistent with the zoning by the Planning Director or Planning
Commission.
Project: The total development within the boundaries as defined on the development plan
or development application,
Project inauguration: The point in time when construction or use of a project is deemed to
have commenced, based on issuance of applicable grading and building permits,
installation of internal infrastructure and foundations and the initiation of on-going ground
construction. Any cessation of construction activity for over 180 consecutive days shall
nullify the inauguration of a project.
Project rating scale (PRS): A measuring device, composed of a number of general and
specific rating criteria relating to project design, location, and other characteristics, used in
assigning point rating to proposed residential projects prior to the competitive evaluation of
two (2) or more residential projects per the City's Residential Growth Management
provisions in Section 9-2.325 Growth Management.
Projection, architectural: See Architectural projection.
Property line: A line separating parcels of real property having separate legal descriptions,
or which separates a parcel from a public right-of-way.
Public buildings and facilities: Structures and uses principally of an institutional nature and
serving a public need, which may include hospitals, schools, libraries, museums, post
offices, police and fire stations, public utilities, municipal and special district offices, and
other public services which are consistent with the General Plan land use designation for
the property.
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Public comment: An opportunity for the general public to comment on regulations and
other proposals made by government agencies. All members of the public may submit
written or oral comments at the public meeting or send your written comments to the
agency prior to the decision date.
Public hearing: An open meeting for which public notice is given in advance as required by
State law and this Land Use Code, and during which the public is given the opportunity to
provide input for consideration by the decision maker and for the administrative record on
the development proposal.
Public meeting: An open meeting for which an agenda is posted in advance, as required
by State law, but for which additional notice and a public hearing are not required.
Public notice: The advertisement of a public hearing or public meeting, or of an intended
action on a development proposal, in a newspaper of general circulation in the area, by
posting, mailing, or otherwise as required by law, which notice indicates the time, place,
project description, and name of the approval or advisory body considering the action.
Public transportation: Bus, rail, or other transportation service for the general public
operating on a regular, continual basis that is publicly or privately owned.
ZME
Qualified tree expert: A California Registered Professional Forester or an arborist certified
by the Western Chapter of the International Society of Arboriculture (ISA), the California
Arborist Association (CAA), or other nationally recognized tree research, care and
preservation organization as approved by the Planning Director.
Qualifying resident (senior citizen housing): Senior citizens or other persons eligible to
reside in a housing development based upon age criteria.
Quarrying: The process of removing or extracting stone, rock, or similar materials from an
open excavation for financial gain.
MEM
Rain -sensing device: A system that automatically shuts off the irrigation system when it
rains.
Rap studio: See "Encounter Center".
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Rational method: A standard, accepted engineering procedure for determining the amount
of stormwater runoff generated by a given storm over given types of land use.
R District: Generally, residential zoning districts, including the Residential/Agriculture (RA),
Hillside Residential (HR), Single -Family -40,000 (RSE-40,000), Single -Family -20,000 (RSE-
20,000), Single -Family -10,000 (RS -10,000), Single -Family -7,000 (RS -7,000), Single -
Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden (RG -
4,000), Multiple -Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park
(MHP), and Mission Residential (MRD -4000) Districts.
Reciprocal parking: A parking area utilized by two or more parties by mutual consent.
Reciprocal parking and access agreement: A contract between parties in which they enter
into mutual agreement to provide parking and vehicular access between properties owned
by each of the parties, typically used in commercial developments.
Reclaimed water: Tertiary treated effluent, suitable for use in landscaping orwater features
as determined by the presiding water district.
Recorder: Recorder's Office of the County of Orange.
Recreational area: Areas of active play or recreation such as sports fields, schoolyards,
picnic grounds, or other areas with intense foot traffic.
Recreational vehicles: Recreational vehicles include the following:
Boat trailer: A vehicular portable structure built on a chassis designed to be used for
transport of boats, floats, and rafts plus the normal equipment to transport the same on a
street or highway.
Camper: A structure designed primarily to be mounted upon a motor vehicle and with
sufficient facilities to render as suitable for use as a temporary dwelling for camping
travel, recreational and vacation purposes;
Motor home: A portable dwelling designed and constructed as an integral part of a self-
propelled vehicle for camping, travel, recreation, and vacation purposes;
Travel trailer: A vehicular portable structure built on a chassis designed to be used as a
temporary dwelling for travel, recreational and vacation uses permanently identified as a
travel trailer by the manufacturer;
Recreational vehicle park: Any area or tract of land, in an area zoned for recreational use,
where one or more lots are rented or leased or held out for rent or lease to owners or users
of recreational vehicles, and which is occupied for a period of not more than thirty (30) days
for each space.
Recyclable material: Reusable material including metals, glass, plastic, green wastes and
paper, which are intended for reuse, remanufacture or reconstitution for the purpose of
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using the altered form. Recyclable material does not include toxic, noxious or hazardous
materials. Recyclable material may include used motor oil.
Recycling area (areas for recycling): Space allocated for collecting and loading of
recyclable materials.
Recycling facility: A center for the collection and/or the processing of recyclable materials.
A recycling facility does not include storage containers or processing activity located on the
premises of a residential, commercial, or industrial use and used solely for the recycling of
material generated by that tenant or owner.
Recycling facility, certified: A recycling facility certified by the California Department of
Conservation as meeting the requirements of the California Beverage Container Recycling
and Litter Reduction Act of 1986.
Regularly features: As it relates to adult-oriented businesses, a regular and substantial
course of conduct of the person, business or establishment making or presentations are
made. This term refers to the fact that live performances which are distinguished or
characterized by an emphasis upon the display of specified sexual activities or specified
anatomical parts, occur six (6) times a month in any given year.
Reimbursement agreement: A legal agreement between a person and a government
agency whereby the person will be repaid a certain portion of the fees paid in connection
with a development or subdivision when further development occurs in the area or other
specified events take place.
Religious institution: Any building or structure, or group of buildings or structures, which are
primarily used for the conducting of regular and organized religious services and church
related activities, exclusive of educational institutions. See also Church.
Remediation: the process of cleaning up a contaminated site by physical, chemical or
biological means. Remediation processes are typically applied to contaminated soil and
groundwater.
Repair: The reconstruction, renewal, or rehabilitation of any part of an existing building,
structure, or other improvement, for the purpose of its maintenance. For the purpose of
defining "repair' with respect to designated historic buildings, the provisions of the
Secretary of the Interior's Standards shall apply.
Research and Development Business: A business that engages in research, or research
and development, of innovative ideas in technology -intensive fields.
Residence: See dwelling.
Residential allocation schedule (RAS): The timetable used to specify the number of
dwelling units in residential projects for which building permits may be issued during each
of three (3) calendar years.
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Residential use: The use of property or structures for human habitation, including the
activities of cooking eating, sleeping, and living.
Residential care facility: See Care facility, residential and Care facility, social.
Residential density, maximum: The maximum number of residential units permitted by the
City's General Plan Land Use Element and Land Use Code at the time of application,
excluding the provisions of Section 9-3.505 Affordable Housing Requirements. If the
housing development is within a planned development or community overlay zone, the
maximum residential density shall be determined on the basis of the General Plan and
maximum density of the underlying zone.
Residential district: Generally, zoning districts for residential uses, including the
Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE-40,000),
Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000), Single -Family -
7,000 (RS -7,000), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000),
Residential Garden (RG -4,000), Mission District Residential -4000 (MRD -4000), Multiple -
Family (RM), Affordable Family/Senior Housing (AF/SH), and Mobilehome Park (MHP)
Districts, or any residential portion of a PC District as designated on an approved
Comprehensive Development Plan.
Residential project: A development project that will result in the construction of new
dwelling units in the City. Such projects may or may not involve the subdivision of land.
Residuals repository: A waste disposal facility specifically restricted to receiving only
residuals from hazardous waste treatment facilities.
Rest home: See Care facility, social
Restaurant: An establishment which is regularly used and open to the public for the
serving of meals to guests for compensation as the primary use, and which has adequate
kitchen facilities for cooking an assortment of foods which may be required for ordinary
meals, the kitchen of which must be kept in a sanitary condition with the proper amount of
refrigeration for the keeping of food on the premises and must comply with all applicable
regulations of the Orange County Health Department. A restaurant may serve alcoholic
beverages as an accessory or incidental use subject to obtaining required permits from the
Department of Alcoholic Beverage Control; however, an establishment in which serving
alcoholic beverages is the primary use, with service of food as a secondary or incidental
use, is not considered a restaurant for zoning purposes (see also Bar).
Retail or retail sales: The sale of goods, merchandise, or commodities for consumption or
use by the purchaser.
Reverse vending machine: An automated mechanical device which accepts at least one or
more types of empty beverage containers including but not limited to, aluminum cans, glass
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and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not
less than the containers redemption value as determined by the state. A reverse vending
machine may sort and process containers mechanically provided that the entire process is
enclosed within the machine. In order to accept and temporarily store all three (3) container
types in a portion commensurate with their relative redemption rates, and to meet the
requirement of certification as a recycling facility, multiple grouping of reverse vending
machines may be necessary.
Reverse vending machine, bulk: A reverse vending machine that is larger than fifty (50)
square feet; is designed to accept more than one container at a time and pays by weight
instead of container.
Reviewing authority: The person or decision-making body (Zoning Administrator, Planning
Director or designee, Planning Commission, or City Council) responsible for the review and
action on a development proposal or permit as authorized by this Code.
Rezone: To change the zoning classification of particular lots or parcels of land.
Right-of-way: An area or strip of land, either public or private on which a right of passage
has been recorded. Thus, "right-of-way" shall include a public right-of-way, an easement, a
common lot containing a private street, or other public or private right of passage consistent
with this definition.
Riparian: Of, pertaining to, situated, or dwelling on the bank of a river, lake, pond, stream,
or other body of water, which may be either permanent or intermittent.
Roadway: That portion of a street, highway, or alley right-of-way designed or used for
accommodating the movement of vehicles. The roadway may or may not accommodate
vehicle parking.
Roofline: The top edge of the roof or top of the parapet, whichever forms the top line of the
building silhouette.
Room: An unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens,
closets, hallways, and service porches.
Rooming house: See Boardinghouse.
Run with the land: A covenant restriction to the use of land contained in a deed and
binding on the present and all future owners of the property.
Runoff: Irrigation water that is not absorbed by the soil or landscape area to which it is
applied and which flows onto other areas.
Rural (street): A designation placed upon public roads and arterials which requires street
improvements that are commensurate with low density residential development. The rural
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designation may be used in combination with local, local arterial, secondary arterial, and
primary arterial street classifications.
M&M
Sanitarium: See Care facility, social.
Sanitarium, mental: See Care facility, social.
Sanitary sewer: A conduit designed to carry sewage.
Sanitary sewer lateral: A conduit joining a sewage generating facility and a sanitary sewer
Satellite dish: An apparatus capable of receiving communications from a transmitter relay
located in planetary orbit.
Scenic highway: Any highway designated a scenic highway by an agency of the City,
County, State or Federal Government.
School, public or private: Same as Educational institution.
School, vocational, business, or trade: a facility primarily engaged in teaching useable
skills that prepare students for jobs in a trade, and meeting state requirements as a
vocational facility. See also educational facility, commercial.
Screening: A method of visually shielding or obscuring a structure or use, or portion
thereof, from an abutting or nearby use, or from the general public, through use of solid
walls, solid fences, dense living hedges, berms, or similar features, or a combination
thereof.
Second hand merchandise/goods: Used common household items including clothing,
personal effects, household furnishings, appliances, and office equipment and furnishings.
Second hand store: A profit or non-profit business or organization that engages in, or
specializes in, the sale or resale of second hand merchandise or goods, and whose goods
may be principally donated or sold on consignment. This classification does not include
antique shops.
Secondary arterial highway: A highway that provides for through traffic circulation within the
City. This category requires eighty-four (84) feet of right-of-way. Traffic volumes are limited
to 22,500 ADT.
Secondary dwelling unit: For the purposes of Section 9-3.501 Accessory Uses and
Structures, "secondary dwelling unit' shall mean a separate residential unit, with an area
not less than 220 square feet or more than the area allowed by the applicable zone district,
containing sleeping quarters, cooking facilities, bathroom facilities, closet, a separate
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entrance, and separate parking, independent of the principal dwelling on the site, in
accordance with California Government Code Section 65852.2. For purposes of this
definition, "cooking facilities" means a kitchen sink, cooking appliance and refrigeration
facilities, with required clearworking space, lighting and ventilation; bathroom facilities shall
include a water closet, lavatory, and bathtub or shower. Secondary dwelling units shall
also be provided with facilities capable of maintaining a room temperature of 70 degrees F
at a point 3 feet above the floor. Residential quarters on the same lot as a primary dwelling
unit which lack the requirements of this definition shall be deemed guest quarters and may
not be used for permanent habitation by a separate household. Secondary dwelling units
shall be subject to all applicable fees and requirements pertaining to dwelling units.
Secretary of the Interior's Standards: The Secretary of the Interior's Standards for the
Treatment of Historic Properties (Title 36, Code of Federal Regulations, Chapter 1, Part 68,
also known as 36 CFR 68).
Section: A section of this Land Use Code unless some other ordinance, code or statute is
indicated.
Sedimentation: The addition of soils to water bodies by natural and human -related
activities. Sedimentation decreases water quality and accelerates the aging process of
lakes, rivers, and streams.
Senior citizen housing development: A housing development which has been designed to
meet the physical and social needs of senior citizens as that phrase is used in California
Civil Code Section 51.2 and which qualifies as housing for older persons as that phrase is
used in the federal Fair Housing Amendments Act of 1988 and implementing regulations.
Sensitive individuals: With respect to air quality, refers to those segments of the population
most susceptible to poor air quality, including children, the elderly, and those with pre-
existing serious health problems affected by air quality.
Sensitive sites or sensitive land uses: With respect to air quality, refers to land uses where
sensitive individuals are most likely to spend time, including schools and schoolyards, parks
and playgrounds, day care centers, nursing homes, hospitals, and residential communities.
Service station: A structure or premises where gasoline, oil, grease, batteries, tires,
automobile accessories and incidental items such as soft drinks or tobacco products are
supplied and dispensed at retail. Service station activities do not include body work,
straightening of frames or body parts, steam cleaning, painting, welding, storage of
automobiles not in operating condition, nor the operation of a commercial garage as an
accessory use.
Setback: The minimum required horizontal distance that a building, structure, or other
designated feature must be located from the lot line; or when abutting a street, from the
ultimate right-of-way; or when abutting a public or private trail or access easement, the
ultimate edge of the surface easement, as shown in Figure 13.
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Setback area: That area between a property line or surface easement and a line parallel
thereto at a distance equal to the appropriate setback distance, as shown in Figure 13.
Setback line: That line parallel to a property line and at a distance equal to the appropriate
setback distance, as shown in Figure 13, forming the boundary of a required yard and
governing the placement of structures and uses on the lot. .
Rear Rear Rear Rear Rear
--- ----T T------ r ----I T------ ,---�—
Ig� B le iNl I Buildable , I Buildable I I; Buildable I I Buildable t
1 Area 111 Area I I AM 1
I I �I
Fronl I I r-- y,de I I 1 1 I o
Rear
I 1 1 I b
j.. Buildable 1 IGuidable
--J�r---t"I ..-'t'----1 t t
1-- 1-----L1----1
I
Front Front Front -- --�--�
' I 1 -- -- Front Front Front
� Street
Figure 13: Setbacks and Yards
Settling basin: An area devoted to the storage of waste residue.
Sexually oriented material: Any element of sexually oriented merchandise, or any book,
periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other
written, oral, orvisual representation or presentation which, for purposes of sexual arousal,
provides depictions which are characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical parts.
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Sexually oriented business: See Adult-oriented business
Sexually oriented merchandise: Sexually oriented implements and paraphernalia, such as,
but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa
balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated
vaginas, and similar sexually oriented devices which are designed or marketed primarily for
the stimulation of human genital organs or sadomasochistic activity.
Shopping center: A group of more than two (2) retail stores and service establishments
designed to serve customers as a single unit with shared access and common parking.
Sidewalk: That portion of a vehicular thoroughfare not within the roadway and set apart by
curbs, barriers, markings or other delineations for pedestrian travel.
Sign: Any medium of visual communication, including copy, structure, component parts,
and humans which is used or intended to be used to attract attention to and identify an
establishment, product, service, activity, location, or to provide information.
Sign, advertising statuary: An imitation, representation, or similitude of a person or thing
which is sculptured, molded, modeled or cast in any solid or plastic substance, material or
fabric which for advertising or identifying purposes is erected on or attached to the ground.
Sign area: The entire surface area of a sign including non-structural trim, but excluding the
supports, uprights, or structures upon which the sign is supported. Sign area of cutout
letters or displays includes the total area within the perimeter of the cutout letters or display,
or an imaginary line connecting the outer edges of the group of letters or displays. The sign
area of advertising statuary is the entire surface area of the statuary.
Sign, billboard: An off-site sign used for advertising purposes and whose copy or message
is changed from time to time.
Sign, building -mounted: A sign affixed to or painted on a building, including awning,
window, or canopy.
Sign, construction: A sign containing information pertaining to a future development or on-
going construction on the site where the sign is located, including the name of the project,
developer, contractor, architect, financing source, future occupant(s), and other information
directly related to the development.
Sign copy: Any words, letters, numbers, designs, logos, or other symbolic representations
Iincorporated into the face of a sign.
Sign, directional: A sign directing motorists or pedestrians to parking or building entrances
or providing similar directional information.
Sign, externally illuminated: A sign which a source of light is used in order to make
readable by projecting light onto or around the message or copy of the sign.
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Sign face: The exterior surface of sign, exclusive of structural supports, on which is placed
the sign copy.
Sign, freestanding: A sign supported by a base, uprights, or braces placed upon or into the
ground and detached from any building.
Sign, freestanding pole: A sign supported upon the ground and mounted on poles and not
attached to any building.
Sign, freestanding monument: A sign that is supported by a solid base of masonry, brick,
block, or wood.
Sign height: The measurement from the top of the sign face to the average finish grade at
the base of the sign.
Sign, identification: A sign whose commercial copy is limited to the name, type of business,
and address of the building, business, office, establishment, person, or activity.
Sign, incidental: Those signs that are permitted without need for a sign permit as listed
under Section 9-3.543 Signs.
Sign, internally illuminated: A sign that a source of light is projected through a transparent
material that consists of the letters of the message or sign copy.
Sign, major tenant: A business in a multi -tenant center which occupies more than fifteen
(15) percent of the net building square footage of a building or whose building area is
designated as a major tenant suite by the Planning Commission as part of an approved
sign program.
Sign, marquee: A building -mounted sign which is attached flush to or painted on the front of
a marquee or similar architectural projection.
Sign, multi -faced: A single sign having two or more faces.
Sign, multiple: A sign structure to which are attached two (2) or more separate signs.
Sign, neon: A sign of clear glass tubing to create sign copy using a neon gas as a visible
illuminating light source.
Sign, off-site: A sign referring to a person, establishment, merchandise, service, event, or
entertainment which is not located, sold, produced, manufactured, provided, or furnished
on the premises where the sign is located.
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Sign, on-site: A sign referring to a person, establishment, merchandise, service, event, or
entertainment which is located, sold, produced, manufactured, provided, or furnished on
the premises where the sign is located.
Sign, pedestrian: A small sign readable primarily from the abutting sidewalk or other
walkway, but generally not from the street.
Sign permit: An entitlement from the City to place or erect a sign.
Sign, political: A sign where text is limited to noncommercial speech pertaining to a
forthcoming public election for national, state, or local candidates or issues.
Sign, portable: Any sign designed to be moved easily and which is not permanently affixed
to the ground, a structure, or building, or vehicle.
Sign, projecting: A building -mounted sign where the face is not parallel to the building, but
which projects out at an angle.
Sign, real estate: A sign indicating that the premises on which the sign is located are for
sale, lease, or rent.
Sign, roof: A sign erected upon or above the roof eave of a building or other structure.
Sign, separated panel: A single sign composed of individual panels separated by airspace
between the panels.
Sign size or area: Calculated in accordance with the examples shown in Figure 3-5 of
Section 9-3.543 Signs.
Sign structure: The structural supports, uprights, and bracing for a sign.
Sign, temporary: A sign utilized to identify a business or other activity for an interim period.
Sign, under canopy: A sign suspended beneath a projecting canopy, walkway cover,
awning ceiling, said signs are considered building -mounted.
Sign, wall: A sign attached to, erected against, or painted onto a wall of a building or other
structure with the exposed face of the sign in a plane parallel to the wall.
Sign, window: Any written representation, emblem or other figure or similar character
painted on or otherwise affixed to a window, excepting that portion of sign copy that
identifies days and hours a business is open; any interior sign within five (5) feet of any
window and visible from off the subject building site shall be considered a window sign.
Site plan: A plan, prepared to scale by a qualified professional, showing accurately and with
complete dimensions the boundaries of a specific development site and the location of the
improvements, existing and proposed on and off the property, that are affected by the
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development plan, including grading, streets, buildings and structures, uses, utilities,
easements, parking, driveways, walkways, and landscaping, and the exact manner of
development proposed on the site, along with information on adjacent streets and
properties as may be required by the City in order to review the development plan.
Slope: An inclined ground surface, the inclination of which is expressed as a ratio of
horizontal distance to vertical distance. See Gradient.
Slope, manufactured: A man-made slope created by grading that consists wholly of cut or
filled material.
Slope steepness: The relationship (ratio) between the change in elevation (rise) and the
horizontal distance (run) over which that change in elevation occurs. The percent of
steepness of any given slope is determined by dividing the rise by the run on the natural
slope of land, multiplied by 100. (See Figure 14)
/ I
i / 1
/
/ / I
50 FLUi
/ i I
/ 40 FEET
i
40! 30 FEET
30M. RISS
20 FEET
10 FEET
1110'
RLN tom: t--mn>
IBIT C
Rise RIW :e 938
SLOPE PERCENTAGE — Run x 100 SLOPE RATIO - R= whore rlsc t4mis ene fo t
%G a 100% 50% I4 /. 33% 13M. 25% 120% 1 IS% 12% 1 10%
Figure 14: Slope Steepness
Social care facility: See Care facility, social.
Social or professional organization: A nonprofit association of persons, whether
incorporated or unincorporated, organized for some common purpose including fraternities,
sororities, lodges, political membership, veterans, civic, social, and similar organizations,
but not including a group organized primarily to render a service customarily carried on as a
business.
Solid fill: Any non-combustible materials, insoluble in water, such as soil, rock, sand, or
gravel, which can be used for grading land or filling depressions.
Solid waste facility (SWF): A Class III sanitary public solid waste landfill designed and
operated for the long-term disposal of solid waste which is subject to review and issuance
of a solid waste facilities permit (SW FP) from the California Integrated Waste Management
Board and which is operated pursuant to the California Code of Regulations (CCR). Solid
waste facilities shall not include any facility designed and operated for the management or
long-term disposal of any hazardous substances as defined in Section 25117 of the
California Code of Regulation (CCR), Health and Safety Code.
Special activity: An outdoor temporary use or group of related outdoor temporary uses of
limited duration that is not regularly conducted on a site as a normal, ongoing component of
the primary land use occupying the site, as allowed by a Special Activities Permit pursuant
to Section 9-3.547 of this Code.
Specialty food store: A retail establishment offering sale of packaged and prepared food
products to a specific segment of consumers, including but not limited to meat markets,
health food stores, or ethnic food stores carrying solely those items that are the customary
fare of a particular culture. A specialty food store may also include a full service food
market containing less than five thousand (5,000) square feet of gross floor area wherein at
least ten (10) percent of the gross floor area is utilized for the sale of fresh meat, seafood,
and fresh produce.
Specific Plan: A plan consisting of text, maps, and other documents and exhibits regulating
development within a defined area of the City, consistent with the General Plan and the
provisions of Government Code Section 65450 et. seq. See "Comprehensive development
plan."
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Coll. iIrYTi74MMI
Specified anatomical parts: Any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks,
or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernible turgid state, even if completely and opaquely
covered.
Specified sexual activities: Any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal
copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory function in the
context of a sexual relationship, any of the following depicted sexually oriented acts or
conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerastia;
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or
tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks orfemale breast;
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with a human or an
animal by a human being;
(7) Human excretion, urination, menstruation, vaginal or anal irrigation; or
(8) The removal of clothing to the point where specified anatomical parts are either not
opaquely covered or minimally covered with devices commonly referred to as pasties
and G-strings or equivalent clothing.
Sphere of influence: The ultimate physical boundary and service limits of the City as
approved by the Orange County Local Agency Formation Commission.
Sprinkler head: A device that sprays water through a nozzle.
Stable, commercial: Any place where horses or other equine are kept, housed, boarded,
lodged, fed, hired, trained, sold, rented, or bred for monetary compensation.
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Stable, noncommercial: Any place where horses or other equine are kept for the use and
enjoyment of the occupants of the premises, or a noncommercial facility for the use of a
private homeowner association.
State: The State of California.
Stationary sources: Non-mobile sources of air pollution, such as power plants, refineries,
and manufacturing facilities.
Stock cooperative project: A project wherein a corporation is formed or utilized primarily for
the purpose of holding title to an apartment project, if all or substantially all, of the
shareholders of such corporation receive a right of exclusive occupancy in a dwelling unit in
the apartment project, title to which is held by the corporation. The right of occupancy is
transferable only concurrently with the transfer of shares of stock in the corporation held by
the person having such right of occupancy. For the purpose of this Title, stock cooperative
projects are subject to the same restrictions and conditions as condominium conversion
projects.
Stockpile: The temporary placement or storage of inert materials, including but not limited
to rock, sand, gravel, and soil. No stockpile shall contain biological material, such as green
waste, trash, composted material, bio -solid material or sludge.
Storage facility, personal: A building or group of buildings in a controlled access compound
that contains varying sizes of individual, departmentalized, and controlled access stalls or
lockers for the storage of customers' goods.
Storm drain: A conduit designed to carry storm -water runoff.
Stormwater runoff: Water volumes that are created during precipitation events and flow
over surfaces into sewer system or receiving waters. All precipitation waters that leave
project site boundaries on the surface are considered to be stormwater runoff volumes.
Story: That portion of a building included between the upper surface of any floor and the
upper surface of the floor above, except that the topmost story shall be that portion of a
building included between the upper surface of the top floor and the ceiling or roof above,
as shown in Figure 1. If the space between the upper surface of the top floor and the roof
above is designed for habitation, then it is considered a story. If the finished floor level
directly above a usable or unused under -floor space is more than six (6) feet above grade
for more than 50 percent of the total perimeter, or is more than 12 feet above grade, such
usable or unused under -floor space shall be considered as a story.
Story, first: The lowest story in a building that qualifies as a story as defined herein, or as
determined pursuant to the California Building Code.
Street: Any public or private highway, road, or thoroughfare that affords the primary means
of access to abutting property, including all right-of-way. .
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Street frontage: See Frontage, street or highway.
Street, private: A street that is not dedicated for public right-of-way
Street, public: A street: (1) the right-of-way for which has been dedicated to and accepted
by the City for public use; or (2) an easement for which has been granted to the City for
public use.
Structure: Anything constructed or erected requiring a fixed location on the ground or
attached to something having a fixed location on the ground, including an edifice or building
of any kind, or any piece of work artificially built up or composed of parts joined together in
some definite manner. Subdivision: The division of any improved or unimproved land,
shown on the latest equalized County assessment roll as a unit or as contiguous units, for
the purpose of sale, lease, or financing, whether immediate or future. Parcels of property
shall be considered as contiguous units even if they are separated by roads, streets, utility
easements, or railroad rights-of-way. "Subdivision" includes a condominium project as
defined in Section 1350 of the Civil Code, a community apartment project as defined in
Section 1351 of the Civil Code of the State, or the conversion of five (5) or more existing
dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and
Professions Code. Any conveyance of land to a governmental agency, public entity or
public utility shall not be considered a subdivision for purposes of computing the number of
parcels.
Subdivision, land sale: Subdivisions in which one or more residential lots are sold by the
subdivider to another party prior to home construction on the lot.
Subdivision Map Act: The Subdivision Map Act of the State of California (California
Government Code Sections 66510-66499.58, as may be amended from time to time).
Subsection: A portion of a Section of this Land Use Code designated by the Section
number followed by the applicable Paragraph within the Section. For example: "...as set
forth in Subsection 3.6.21-A1."
Surety device: A financial obligation whereby the City has direct access to funds deposited
by a developer to insure a specific action.
Swimming pool: A man-made body of water having a depth in excess of eighteen (18)
inches, designed, constructed and used for swimming, dipping or immersion purposes by
humans.
-- T --
Target unit: A dwelling unit within a housing development which will be reserved for sale or
rent to, and affordable to, very low or lower income households or qualifying residents so
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as to qualify for development incentives pursuant to Section 9-3.505 Affordable Housing
Requirements.
Temporary structure: A structure without any foundation or footings and which is removed
when the designated time period, activity, or use for which the temporary structure was
erected has ceased.
Temporary use: A use established for a specified period of time pursuant to Section 9-
2.347 of this Code, with the intent to discontinue the use at the end of the designated time
period.
Temporary Use Permit: A permit issued by the City authorizing a temporary use pursuant to
Section 9-2.347 of this Code.
Tenant or occupant: when applied to a building or land, any person who occupies the
whole or a part of such building or land, whether alone or with others.
Tentative Tract Map: A map, prepared by a registered civil engineer or licensed land
surveyor, showing the subdivision of land into five (5) or more lots in accordance with the
provisions of the California Subdivision Map Act and this Land Use Code, and which shows
detailed information sufficient for recordation by the County Recorder.
Terrace, slope: That level portion of a manufactured slope.
Tertiary treatment: The highest form of wastewater treatment that includes the removal of
nutrients, organic and solid material, along with biological or chemical polishing.
Theater: A premises used forgiving dramatic performances orfor showing motion pictures,
with all functions and facilities contained within a building unless a drive-in theater is
specified.
Threatened species: An animal or plant species that is likely to become endangered within
the foreseeable future, as defined by the federal Endangered Species Act or California
Endangered Species Act.
Thrift store: See Second hand store.
Topping: The practice of cutting back the uppermost portion of the canopy, main trunk or
large diameter branches of a tree so as to substantially reduce the overall size of the tree
area, in a manner that does not maintain the structural integrity or health of the tree.
Townhouse: A dwelling unit occupying its own lot but which is physically attached to at
least one other dwelling unit, such that each owner owns the unit structure and the land on
which the unit is located or an exclusive easement for it, plus a common interest in the land
upon which the building is located.
Trail access, equestrian: Access to an equestrian trail from a given lot or other property
either directly or by means of private streets or easements.
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Trail, equestrian: A right-of-way or easement, public or private, designated for the riding of
horses. Such trails may also include pedestrian use (hiking trails) and off-road non -
motorized bicycle use.
Trail, feeder: An equestrian trail or bikeway not indicated on the City's General Plan, but
which connects to, directly or indirectly, such a General Plan equestrian trail or bikeway.
Trailer: A vehicle designed for carrying persons or property on its own structure and
capable of being drawn by a motor vehicle.
Trailer, miscellaneous: A trailer that is used forthe transport of miscellaneous materials and
vehicles.
Trailer, travel: See "recreation vehicle."
Transitional housing facility: A facility that provides temporary residential accommodations
for a specified period of time, counseling services, and other support services for seven (7)
or more individuals, in order to prepare families and individuals for independent l8iving.
This term does not include homeless shelters or congregate meal facilities.
Transportation Demand Management (TDM): Any technique or method that has been
demonstrated as being successful in reducing the demand for travel or vehicle miles
traveled (VMT). Recognized TDM methods include carpooling, transit (rail or bus),
telecommuting, alternative work weeks, and similar techniques.
Transportation Management Association (TMA): A group of two (2) or more employers
established under conditions, covenants, and restrictions provisions to provide a
comprehensive and coordinated trip reduction program.
Tree: A self-supporting woody plant growing upon the earth that usually provides one
main trunk and produces a more or less distinct and elevated crown with many branches.
For purposes of this Code, "tree' shall include only those trees with a trunk of six (6) inches
or greater diameter at breast height (DBH) above existing grade. See also Diameter at
breast height (DBH).
Tree, base of: The portion of the tree trunk that meets the ground.
Tree, coniferous: Any tree with needle leaves and a woody cone fruit.
Tree crown: The above -ground parts of a tree consisting of the branches, stems, buds,
fruits, and leaves.
Tree, deciduous: A woody plant with broad flat leaves, as opposed to needles, which at its
maturity is at least fifteen feet in height, having a defined crown, and which sheds its leaves
annually.
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Tree, diseased: A tree that is irretrievably diseased or infested with insects or other
organisms such that no available treatment can arrest or correct the disease or infestation,
as determined by a qualified tree expert.
Tree dripline: An imaginary vertical line extending from the outermost portion of the tree
crown to the ground. In cases of asymmetrical tree crowns, the widest portion of the crown
shall be used as the radius extending the full circumference of the tree trunk.
Tree harvesting, beneficial: The removal, prior to development of a site, of those trees
which have been determined by a qualified tree expert not to be viable over the long term
because of over -maturity, insect or disease infestation, a need for thinning to enhance
viability of remaining trees, structural defects, trees with dead tops and/or numerous dead
limbs, trees that are leaning, trees with deformities such as major forking, swelling and
crooks, and other similar conditions.
Tree, heritage: A tree that merits special protection measures due to its size and type. A
tree shall be deemed a heritage tree and shall be protected from removal when such tree
has a trunk diameter at breast height (dbh) of 36 (thirty-six) inches or greater, and is a
specimen of the following species: Schinus molle (California pepper); Quercus spp. (oak);
Cedar spp. (cedar); Eucalyptus globulus (blue gum eucalyptus); Juglans spp. (walnut);
Olea europaea (olive); Platanus spp. (sycamore); Populus spp. (cottonwood); or as
otherwise designated by the Planning Commission based on the tree's unique and intrinsic
value to the community because of its size, age, historic association or ecological value.
Tree protection devices, permanent: Permanent structures such as retaining walls or
aeration devices that are designed to protect a tree and its root system throughout its
lifetime.
Tree protection devices, temporary: Non -permanent measures, such as fencing or berms,
installed prior to construction for the purpose of preventing damage to trees during
construction.
Trees, significant stand of: A cluster of trees located on a property so as to create a
visually prominent element on the site by virtue of the number, size, and type of trees in
relation to the site and to the pattern of vegetation and development in the vicinity.
Trimmed, severely: The cutting of the branches and/or trunk of a tree in a manner more
extreme than allowed by Section 9-3.557 Tree Preservation which will substantially reduce
the overall size of the tree area so as to destroy the existing symmetrical appearance or
natural shape of the tree in a manner which results in the removal of main lateral branches
leaving the trunk of the tree in a stub appearance.
Turf: A mat layer of monocotyledonous plants with shallow rooting structures requiring
frequent watering during the growing season, including both cool and warm season
grasses such as blue, rye, fescue, bent, bermuda, kikuyu, St. Augustine, zoysia, and
buffalo..
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-- U --
Upper slope: In relation to terraces on manufactured slopes, the upper slope shall be that
portion of the slope above the terrace.
Use: The purpose for which land or structures are arranged, designed or intended, or for
which either land or structures are, or may be, utilized, occupied or maintained. "Use"
includes construction, establishment, maintenance, alteration, moving onto, enlargement,
operation, or occupancy..
Use, accessory: See "accessory use."
Use, conditional: See "conditional use."
Use, non -conforming: See "nonconforming use."
Use permit, conditional: See "conditional use permit."
Use, primary: See "primary use."
Use, principal: See "principal use."
Use, temporary: See "temporary use."
Used: The word "used" shall include arranged, designed, constructed, altered, converted,
rented, leased, occupied, or intended to be utilized.
-- V --
Value, building or improvement: The cash value of a building or improvement as
determined by the Building Official or City Engineer in accordance with the building
regulations adopted by the City.
Values: Attributes and characteristics regarded by a community as having ultimate
importance, significance, or worth. Community values encompass the natural and built
environment, its social structure, people and institutions. The term often refers to a set of
principles, standards, or beliefs concerning the elements of the community that are of
ultimate importance.
Valve: A device used to control the flow of a liquid or product in a controlled system.
Variance: A modification of any specific provision of this Land Use Code, granted by the
City, after a public hearing, in accordance with applicable Sections of this Land Use Code,
for the purpose of assuring that no property, because of special circumstances applicable
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to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and
district.
Vehicle: A device with wheels capable of moving or being moved along the ground or on
pavement, except a device moved exclusively by human power, or used exclusively upon
stationary rails or tracks.
Vehicle, commercial: A vehicle customarily used as part of a business for the
transportation of goods or people.
Vehicle sight area: The area established at street intersections and driveways, in which
nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or
obstruct the sight distance of motorists entering or leaving the intersection.
Vehicle queuing area: An area for temporary stopping of motor vehicles in a line while
awaiting service, such as provided at a drive-through business.
Very low income household: Households whose income does not exceed the very low
income limits applicable to Orange County as published and periodically updated by the
State Department of Housing and Community Development pursuant to the California
Health and Safety Code. See also Income -qualified households.
Veterinary clinic, small animal: Any facility providing medical or surgical treatment, clipping,
bathing, and similar services to dogs, cats, and other small animals, but excluding boarding
or the keeping of animals on the premises other than those requiring emergency treatment
or those recovering from medical procedures.
Vision: Part of the process of planning a community that involves residents looking into the
future, thinking creatively and establishing what they want their community to be in a 20 -to
50 -year planning horizon. A vision describes an ideal picture and guides goal -setting,
policies and actions by helping to understand community concerns, prioritize issues,
determine necessary actions and identify indicators to measure progress.
Isere
Walkable: Streets and places designed or reconstructed to provide safe and comfortable
facilities for pedestrians, which are accessible for people of all ages and abilities. An
element of Smart Growth, walkable streets and neighborhoods are typically associated with
mixed uses and pedestrian -scale street and building designs, including separation from
passing traffic, pedestrian -scaled lighting, well -marked crossings, protection from the
elements, direct connections to destinations in a relatively compact area, benches and
seating areas, plazas and gathering places, and visually interesting design elements.
Warehouse or storage and distribution building: A building primarily used for the storage of
equipment, building materials, lumber, furniture, manufactured goods, wholesale products,
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and similar types of materials or finished products, including but not limited to wholesale
distribution facilities, and moving and transfer storage; except that these terms do not
include personal storage facilities or bulk storage of materials which are flammable,
explosive, or which create hazardous or commonly recognized offensive conditions.
Water, non -potable: Water that is not suitable for human consumption without treatment
that meets or exceeds EPA drinking water standards.
Water, potable: Water suitable for drinking and supplied from wells or municipal water
systems.
Watercourse: As related to flood control, a river, creek, stream, wash, arroyo, channel,
swale, or other topographic feature on or over which water flows at least periodically. This
definition shall include specifically designated areas in which flooding may occur.
Way: Please refer to Figure 4-8.
Wetland: An area that is inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that, under normal circumstances, does
support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as
defined by Federal and State statutes.
Wetland vegetation: Plants that require saturated soils to survive, as well as certain tree
and other plant species that can tolerate prolonged wet soil conditions, as defined by
Federal and State statutes.
Wholesale or wholesale business: The sale of goods, merchandise, or commodities to
another individual or firm for the purpose of resale, usually in large quantities and at lower
prices, rather than directly to the consumer; or a sale of product for which the purchaser
pays no sales tax.
Wireless communication facility: Any facility, other than a ham radio or satellite dish
antennas, that contains one or more antennas that are components of a communications
network that benefits the general public, government, and/or business community.
Workforce housing: Housing that is affordable to persons in the labor force. See Income -
qualified households and Affordable housing.
Worksite: A building, grouping of buildings, or property which are in actual physical contact
or separated solely by a private or public roadway/right-of-way, and which are owned or
operated by the same employer or by employers under common control.
-- Y --
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Yard: An open space on a lot or parcel of land, other than a courtyard, which is unoccupied
and unobstructed from the ground upward except for permitted projections as otherwise
provided in this Code. (See Figure 15)
Yard, front: A yard extending across the full width of any building site between the side lot
lines, and measured between the front lot line and the nearest line of any building.
However, if any road easement or official ultimate right-of-way line has been established for
the street upon which the site fronts, the front yard shall be measured instead from such
easement or ultimate right-of-way line to the nearest line of any building. On corner lots,
the shortest street frontage shall be the front yard in residential land use districts, while the
longest street frontage shall be the front yard in commercial/industrial land use districts,
except as otherwise determined by the Planning Director based upon development patterns
in the vicinity of the site or other site characteristics. (See Figure 15)
Yard, rear: A yard extending across the full width of any building site between the side lot
lines, and measured between the rear lot line and the nearest line of any building. (See
Figure 15)
Yard, side: A yard extending between the front yard and the rear yard of any lot and
measured between the side lot line and the nearest line of any building opposite said lot
line. (See Figure 15)
Yard sale: See Garage sale.
Year: 365 days, or a calendar year.
EXHIBIT C
Ordinance 938
Figure 15: Yards
-- Z --
Zero lot line: the location of a structure on a lot in such a manner that one or more of the
structure's sides rest directly on a lot line.
Zoning District: See "Base district or base zoning district."
Zoning Map, Official: A map that graphically depicts all zoning district boundaries and
classifications within the City of San Juan Capistrano, as adopted by ordinance by the City
Council. Designated official map or maps which show the location and boundaries of the
Districts established by this Code and are referred to as the "Official Zoning Map" are
incorporated as a part of this Code. The said "Official Zoning Map" together with everything
shown thereon and all amendments thereto, are as much a part of this Code as if fully set
forth and described in context.
Zoning ordinance: See Land Use Code.
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