Ordinance Number 939 ORDINANCE NO. 939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA. ADOPTING REZONE RZ 08-001 RELATING TO
VARIOUS AMENDMENTS TO THE ZONING MAP, LAND USE CODE (TITLE
9) AND COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-02 (GLENFED-
LOMAS SAN JUAN)
WHEREAS, in 2002, the City completed a comprehensive overhaul of the Land Use
Code and Zoning Map and, in going from the old set of zoning districts to the new, certain
discrepancies were inadvertently created in the zoning of some residential areas; and
WHEREAS, on February 19, 2008, per secs. 9-2.309 and 9-2.315 of the Land Use
Code, the City Council initiated consideration of a multi-part zoning amendment to correct the
above-referenced discrepancies and referred the amendment to the Planning Commission
for report and recommendation; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the
state and City CEQA Guidelines, an Initial Study was prepared for the above-referenced
amendments, which determined that the amendments could not have a significant effect on
the environment and, in consideration of the Initial Study findings, a Negative Declaration
was prepared for the project; and
WHEREAS, on March 11, April 22, and June 10, 2008, the Planning Commission of
the City of San Juan Capistrano conducted a duly-advertised public hearing regarding the
proposed amendments and considered evidence presented by the City staff and other
interested parties; and
WHEREAS, on July 1, 2008, the City Council of the City of San Juan Capistrano
conducted a duly-advertised public hearing regarding the proposed amendments and
considered evidence presented by the City staff and other interested parties; and
WHEREAS, The City Council finds that the proposed amendments will correct certain
errors and discrepancies created by the 2002 comprehensive amendment and will allow
property owners within the affected areas to enjoy substantially the same property rights as
possessed by similarly-situated owners elsewhere in the City.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. NEGATIVE DECLARATION. The Negative Declaration and Initial Studied
are hereby approved and certified as complete and attached hereto by reference.
SECTION 2. ZONING AMENDMENTS. The City Council hereby approves the following
zoning amendments, as further depicted on Exhibit A attached hereto:
1. Mission Hills Ranch: A rezone to change all residential lots from RSE-40,000 to
RSE-20,000.
2. Hidden Mountain Estates: A rezone to change all residential lots from RSE-
40,000 to RSE-20,000 and GOS.
3. Land Use Code Text Amendment: Addition of a footnote to the open space
permitted uses table (Table 3-10) of the Land Use Code (Title 9 of the
Municipal Code) as follows:
Table 3-10
Uses in Open Space Districts
(please refer to end of table for notes)
Use GOS OSR NP CP SP RP NOS RC Notes and
Exceptions
Accessory uses A A A A A A A A
and structures
incidental to the
operation of a
permitted use
Footnote to be Added:
f'' Including any accessory uses or structures permitted in conjunction with approval of an
applicable tentative map or other entitlement granted by the City on or before November 15,
2002."
4. Land Use Code Text Amendment: An amendment to Note 7 in the
Development Standards table (Table 3-2) of the Land Use Code (Title 9 of the
Municipal Code) to allow building additions to extend up to the existing building
line on side setbacks as well as the rear, to wit (additions shown double—
underlined):
"7 On lots with an existing building setback encroachment into a required side 0
rear yard, structural additions having the same said encroachment shall be
permitted without the approval of a variance. However, no new encroachment in
excess of that existing, nor any new encroachment may be permitted without
the approval of a variance (see Sec. 9-3.533, Nonconforming Uses, Lots, and
Structures). Notwithstanding the preceding any side setback encroachments
or dwellings within the Capistrano Garden Homes 2 project area shall require a
variance or an exce tp ion."
5. Land Use Code Text Amendment: Addition of Note 17 in the Development
Standards table (Table 3-2) of the Land Use Code (Title 9 of the Municipal
Code) as follows:
"" Single family homes shall be permitted as a primary land use within the GC
district in neighborhoods where existing development is predominantly single
family residential. Such existing lots, on which single-family residences are the
primary use, shall be subject to the single-family development standards of the
RS-7000 district or other residential district as determined most applicable by
the Planning Director."
6. Text Amendment to Glenfed — Lomas San Juan Comprehensive Development
Plan (CDP 81-02): Addition of the following Supplementary District Regulations
to both the "Single Family" and "Mixed Unit" District Regulations:
1. Development Standards for Accessory Structures and other Improvements. The
following development standards shall apply:
a. Accessory Structures: For open patio covers, outdoor fireplaces, play
equipment, gazebos, and similar accessory structures, the following
standards shall apply:
(1) For projects within the Planned Community with single family detached
dwellings having an average lot size of 4,000 square feet or greater,
the minimum side and rear setbacks shall be 5 feet;
(2) For projects within the Planned Community with attached dwellings or
single family detached dwellings having an average lot size under
4,000 square feet (such as "Loma Vista" and others), the minimum side
and rear setbacks shall be 3 feet. However, structures placed less than
5 feet from any lot line shall comply with higher fire rating standards, in
accordance with Tables 602 and 704.8 of the California Building Code.
(3) Accessory structures are not permitted in front yards.
(4) Maximum height of accessory structures: 12 feet.
(5) All other standards shall be in accordance with the provisions of sec. 9-
3.501. ,
b. Swimming Pools and Spas: Minimum distance from edge of water to any
lot line: 5 feet. All other standards shall be in accordance with sec. 9-
3.551.
c. Fences: In accordance with sec. 9-3.517. Fences over three feet in height
are not permitted in front of the dwelling's front building line.
d. Building Additions, enclosed:
(1) Enclosed building additions shall not be permitted for townhouse or
other attached dwellings.
(2) For projects within the Planned Community with single family detached
dwellings having an average lot size of 4,000 square feet or greater,
the following standards shall apply:
• Minimum Side Setback: 5 feet;
• Minimum Rear Setback: the same distance as the height of the
building addition.
• Max. Lot coverage: 35%
}
(3) For projects within the Planned Community with single family detached
dwellings having an average lot size under 4,000 square feet (such as
"Loma Vista" and others), the following standards shall apply:
(a) Homes, including building additions, may exceed the 35% lot
coverage maximum provided:
EXAMPLE -- FOR ILLUSTRATION ONLY
Permitted Addition:
up to 100 sq.ft. per
building side
Addition
shall not "
result in a
setback less
than the minimum
existing setback
Lot
Line
0
.n
Garage
• Additions are limited to a maximum of 100 sq.ft. per building side;
• Additions are limited to the "filling-in" of existing building insets,
and such additions shall not result in a setback less than the
minimum existing setback on that side of the building (see sample
illustration);
• Additions in the front which extend the living area closer to the
street are not permitted.
(b) No two-story exterior additions are permitted.
(c) Any building addition not meeting the preceding requirements shall
require a variance or exception.
2. Definitions for Single Family Detached Condominiums. For the purpose of this
section, in single family detached condominium projects such as "Loma Vista" and
others, "lot line" shall be defined as congruent with the side and rear perimeter
fences, including any curves or "jogs". "Lot area" shall be defined as that area
which is within the home's perimeter fence line, with the fence line in the front
portion of the lot being defined as an imaginary line extended from the fences on
both sides of the house to the back of sidewalk or to the curb where there is no
sidewalk
3. Other Standards. All other standards shall be in accordance with the provisions of
sec. 9-3.501.
Section 3. Effective Date. This Ordinance shall take effect and be in force thirty
(30) days after its passage.
Section 4. Citv 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,
PASSED, APPROVED AND ADOPTED this 17th da��4 008 e
F
4
G7
r i JOO SOTO, MAYOR
A TEST�i
r
mARGAkYT Oz. MO A)jA , bTY CLtRK
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. 939 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on the 1St day
of July 2008 and that thereafter, said Ordinance was duly adopted and passed at the Regular
Meeting of the City Council on the 15th day of July 2008 by the following vote, to wit:
AYES:/ COU CIL MEMBERS: Allevato, Uso, and Mayor Soto
NOE C U CIL MEMBERS: None
ABSENT NCIL MEMBERS: None
AB�iTAI :;` l ! NCIL MEMBERS: Hribar and Mayor pro tem Nielsen
fil
MAG MON AW � ity Clerk
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 29th day of June 2008, at least 5 days prior to July 15, 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 THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA. ADOPTING RE ONE RZ 08-001 RELATING TO
VARIOUS AMENDMENTS TO THE IN AP, LAND USE CODE (TITLE
9) AND COMPREHENSIVE DEVEWPM 'NT LAN (CDP) 81-02 (GLENFED-
LOMAS SAN JUAN) f
MA GA I , MONA AN, CITY " LER
San�Jaari' Ip�istrano, alif nia ��
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 17th day of July 2008 1 caused to be posted, in the Office
of the City Clerk, a certified copy of Ordinance No. 939, adopted by the City Council on July 15, 2008
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA. ADOPTING REZONE RZ 08-001 RELATING TO
VARIOUS AMENDMENTS TO THE ZO�f�(ING MAP, LAND USE CODE (TITLE
9) AND COMPREHENSIVE DEVELOfM NP AN (CDP) 81-02 (GLENFED-
LOMAS SAN JUAN)
I
MARGARE NAHAN, C',�Y CLE K
San Juan"Capistrano, California
MISSION HILLS RANCH
EXHBIT A
0
HIDDEN MOUNTAIN ESTATES
sv
CAPISTRANO GARDEN HOMES #1
no
CAPISTRANO GARDEN HOMES #2
AND CASAS de CAPISTRANO
AVENIDA LOS AMIGOS
GLENFED - LOMAS SAN JUAN
PLANNED COMMUNITY