Ordinance Number 869 ORDINANCE NO. 869
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findincgs and Intent
The City Council initiated a comprehensive code amendment to Title 9 of the
Municipal Code which contains the City's zoning and subdivision regulations of the City
of San Juan Capistrano; and,
The City retained the consultant services of Cotton/Bridges to assist in the review
and update of the City's Title 9 zoning and subdivision regulations; and,
A draft document was prepared and reviewed by the Title 9 Ad Hoc Committee
consisting of two Council members, two Planning Commissioners and the Planning
Director which conducted ten meetings, nine of which were public noticed hearings to
consider the contents of the initial draft regulations; and,
The Title 9 Ad Hoc Committee, identified recommended modifications to the draft
Title 9 provisions that were submitted to the Planning Commission and recommended
for approval to the City Council; and,
The proposed code amendment has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
The Environmental Administrator reviewed the proposed code amendment and
determined that this amendment is consistent with the General Plan and is within the
scope of the project covered by the General Plan Program EIR, as discussed in the
Initial Study contained in the document entitled "Findings of Consistency of the San
Juan Capistrano Land Use Code Update with the Previously Certified Environmental
Impact Report for the San Juan Capistrano General Plan". Section 15168 of the CEQA
Guidelines allow the City to approve the Land Use Code changes without requiring
additional environmental documentation if the City finds that pursuant to Section 15162
of the CEQA Guidelines, no effects could occur and no new mitigation measures are
required that were not already analyzed as part of the Program EIR for the General
Plan. The Environmental Administrator at his meeting of November 27, 2001 made said
determination per Section 15162 of the CEQA Guidelines, and caused a Notice of
Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines; and,
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The Planning Commission conducted a duly-noticed public hearing on July 23,
2002 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on
the proposed amendment and has considered all relevant public comments, and
continued consideration of the code amendment to the meeting of August 13, 2002, and
upon completion of the public hearing forwarded a recommendation of approval to the
City Council; and,
The City Council conducted a duly-noticed public hearing on September 3, 2002,
pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the
proposed amendment and has considered all relevant public comments and continued
the item to its meeting of October 1, 2002; and,
The City Council conducted a duly-noticed public hearing on October 1, 2002,
pursuant to Section 9-2.313 of the Municipal Code to consider additional public
testimony on the proposed amendment and has considered all relevant public
comments and has determined that the proposed code amendment is consistent with
the City's adopted General Plan per the following findings:
a. The proposed code amendment is consistent with the policies and objectives of
the San Juan Capistrano General Plan, specifically, the zoning regulations and
district land uses have been designed to implement the provisions of the Land
Use Element of the General Plan; and,
a. The code amendment regulations regarding development standards for
residential district and specific provisions for affordable housing have been
designed to be consistent with the goals, policies and development provisions
contained in the Certified Housing Element of the General Plan; and,
b. The code amendment regulations and dedication provisions have been designed
to implement provisions of the Open Space and Conservation Element and the
Parks and Recreation Element of the General Plan specifically as it relates to
establishment of uses in open space districts and their corresponding
designations on the General Plan Land Use Policy Map and the inclusion of
parkland dedication provisions consistent with State law; and,
C. The code amendment provisions contained development and design standards
for implementing provisions of the Circulation Element of the General Plan; and,
d. The code amendment includes provisions regarding the location and land use
designations that protect persons and property from flood hazards, consistent
with the Floodplain Element of the General Plan; and,
e. The code amendment provisions include regulations that will implement policies
of the Community Design Element of the General Plan;
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f. The draft zoning map that establishes zoning district boundaries for all property
within the City is consistent with the underlying land use designations of the Land
Use Policy Map of the Land Use Element of the General Plan.
SECTION 2. Amendment.
a. The full text for Title 9 of the Municipal Code, including Appendix "A" is hereby
replaced in its entirety by Exhibit "A", attached; and as amended as follows:
(1) Amend Table 3-1 to include "Crop and tree farming", "Plant nurseries and
storage", and "Animal grazing, breeding, boarding, and training" as a
permitted use in the HR District. Under the note and exceptions column,
include notation that these uses are considered interim until residential
development plans are approved.
(2) Appendix "A", Definitions, modify the definition for Average Daily Traffic
(ADT) to read as follows: The average number of vehicle trips using a
traveled was for a twenty-four-hour period 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.
(3) Table 3-2 shall be amended to incorporate a separate floor area ratio for
one-story residential units as depicted in Exhibit "C", attached.
(4) Table 3-4 shall be amended to include "Fuel Dispensing Station" as a land
use in the "Commercial Districts" and identification in the GC (General
Commercial) District as a "Conditional Use" with a note that reads..."In
accordance with the provisions of Section 9-3.541".
(5) Amend Table 3-26, under Fixture Height, change pole height not to
exceed to read 14'.
b. The Official Zoning Map of the City of San Juan Capistrano is hereby replaced in
its entirety by Exhibit "B", attached.
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 within fifteen (15) days after passage and adoption as required by law; or, in the
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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) days 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 15th day of October 2002.
DIANE BATHGAT , AYOR
ATTEST:
MA G RET R. MONAHAN, CITY CLERK
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 869 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 1st day of October 2002 and that thereafter, said Ordinance was duly adopted
and passed at a Regular Meeting of the City Council on the 15th day of October 2002 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin, Geiff and Mayor Bathgate
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL EMBERS: None
MA7ktT R. MONAHAN, City Clerk
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EXHIBITS "A" & 66B9'
TITLE 9 AND ZONING MAP
DUE TO THE SIZE OF THE DOCUMENT IT
HAS NOT BEEN REPRODUCED WITH THE
ORIGINAL ORDINANCE. COPIES OF THE
DOCUMENTS ARE AVAILABLE FOR
PUBLIC REVIEW IN THE FILE OF: TITLE 9
UPDATE, LAND USE MANAGEMENT
CODE, 2002
SAN JUAN CAPISTRANO
LAND US LCODE
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k
7
CITE' OF SAN JUAN CAPISTRANf
NovE-,MBER 15, 2002
SAN JUAN CAPI STRANO
LAND USE CODE
November 12, 2002
Cotton/Bridges/Associates
#1196.00
Title 9 - Table of Contents
TABLE OF CONTENTS
CHAPTER 9-1 . GENERAL PROVISIONS
Article 1. Purpose, Title,Authority, Effective Date, Effect, and Definitions
9-1.101. Purpose, Title, Authority, Effective Date, Effect, and Definitions
9-1.103. Building Official Authority
9-1.105. Director of Building and Engineering Services Authority
9-1.107. Environmental Administrator Authority
9-1.109. Planning Director Authority
9-1.111. Zoning Administrator Authority
Article 2. Enforcement,Violations, and Penalties
9-1.201. Violations and Penalties
CHAPTER 9-2. ADMINISTRATION
Article 1. General Plan Review and Consistency
9.2-101. Consistency of Projects with the General Plan
9-2.103. Residential Density and Unit Count
Article 2. Environmental Review Procedures
9-2.201, Environmental Review Procedures
Article 3. Development Review Procedures
9-2.301. General Review Procedures
9-2.303. Administrative Approvals
9-2.305. Adult Business Permit
9-2.307. Amendment of the General Plan
9-2.309. Amendment of the Land Use Code
9-2.311. Appeals
9-2.313. Architectural Control Review
9-2.315. Change of Zone District
9-2.317. Conditional Use Permit
9-2.319. Development Standards Adjustment
City of San Juan Capistrano Land Use Code
9-i November 15, 2002
Tatle 9 -Table of Contents
9-2.321. Floodplain Land Use Permit
9-2.323. Grading Plan Review
9-2.325. Growth Management
9-2.327. Historical and Cultural Landrnark Site Plan Review
9-2.329, Lot Line Adjustments and Reversions to Acreage --
9-2.331. Mobilehome Park Conversions, Closures, and Cessation of Use
9-2.333. Pre-zoning Prior to Annexation Procedures
9-2.335. Public Hearing Procedures
9-2.337. Public Improvement Plans and Outside Agency Development Review
9-2.339. Public Meeting Procedures
9-2.341. Sand, Gravel, and Mineral Extraction Permit
9-2.343. Sign Permit Review
9-2.345. Subdivision Approval _.
9-2.347. Temporary Use Permits
9-2.349. Tree Removal Permit
9-2.351. Variances and Exceptions
Article 4. Nuisances
CHAPTER 9-3. ZONING DISTRICTS AND STANDARDS -
Article 1. Establishment of Districts: Official Zoning Map
9-3.101. Districts Established
9-3.103. Official Zoning Map
9-3.105. Interpretations of District Boundaries
Article 2. District Regulations: General Provisions
9-3.201. Application of Provisions
9-3.203. Unlisted Uses
9-3.205. Prezoning Prior to Annexations
9-3.207. Interim Uses
Article 3. Base District Regulations/Standards
9-3.301. Residential Districts
9-3.303. Commercial Districts
9-3.305. Industrial Districts
9-3.307. Public and Institutional (P&I) District
9-3.309. Open Space Districts
9-3.311. Farm Market (FM) District
City of San Juan Capistrano Land Use Code
9--ii November 15, 2002
Title 9 - Table of Contents
9-3.313. Solid Waste Facility (SWF) District
9-3.315. Planned Community (PC) District
9-3.317. Specific Plan/Precise Plan (SP/PP) District
Article 4. Environmental Overlay Districts
9-3.401. Purpose
9-3.403. Designation
9-3.405. Floodplain Management (FM) District
— 9-3.407. Cultural Resources/Historic Preservation (HP) District
9-3.409. Noise Management (N) District
9-3.411. Ridgeline and Open Space Preservation (RP) District
Article 5. Supplemental District Regulations
9-3.501. Accessory Uses and Structures
9-3.503. Adult Oriented Business
9-3.505. Affordable Housing Requirements
9-3.507. Antennas
9-3.509. Bed and Breakfasts
9-3.511. Caretaker Residences
9-3.513. Dust Control
9-3.515. Equestrian Standards (Commercial and Non-commercial Stables)
9-3.517. Fences, Walls, and Hedges
9-3.519. Fuel Modification Standards
9-3.521. Hazardous Waste Facilities
9-3.523. Home Business
9-3.525. Kennels
9-3.527. Landscape (water conservation standards)
9-3.529. Lighting Standards
9-3.531. Noise Standards (residential and non-residential)
9-3.533. Nonconforming Uses, Lots, and Structures
9-3.535. Parking
9-3.537. Recycling Facilities
9-3.539. Sand, Gravel, and Mineral Extraction
9-3.541. Service and Fuel Dispensing Stations
9-3.543. Signs
9-3.545. Soils Subsidence Remediation Program
9-3.547. Special Activities (non-residential)
__. 9-3.549. Storage and Display (Outside)
9-3.551. Swimming Pools
9-3.553. Temporary Uses and Structures
9-3.555. Transportation Demand Management
City of San Juan Capistrano Land Use Code
9-iii November 15, 2002
Title 9 -Table of Contents
9-3.557. Tree Preservation
9-3.559. Visibility at Intersections/Driveways
CHAPTER 9-4. SUBDIVISION/IMPROVEMENT STANDARDS
Article 1. Tentative Tract Maps and Tentative Parcel Maps
9-4.101. Required
9-4.103. Tentative Parcel Maps
9-4.105. Tentative Tract Maps
9-4.107. Soil Reports
9-4.109. Vesting Tentative Maps
9-4.111. Reversions to Acreage
9-4.113 Lot Line Adjustments -
9-4.115 Mergers
Article 2. Final Maps and Parcel Maps
9-4.201. General Requirements f
Article 3. Design Standards and Requirements
9-4.301 Applicability of Provisions
9-4.303 Conformity with the General Plan
9-4.305. Bicycle and Equestrian Trails
9-4.307. Conformity of Boundaries with Surrounding Property
9-4.309, Drainage
9-4.311. Driveways
9-4.313. Graded Slopes
9-4.315. Irregular and Cul-de-Sac Lots
9-4.317, Monumentation
9-4.319 Parkland
9-4.321. Pedestrian Ways, Bridges, and Tunnels —
9-4.323. Sanitary Sewer
9-4.325. Street Lights and Traffic Signals
9-4.327. Streets, Highways, and Alleys
9-4.329. Utility Undergrounding
9-4.331. Water Facilities
9-4.333. Waiver of Provisions
City of San Juan Capistrano Land Use Code
9-iv November 15, 2002
Title 9 - Table of Contents
Article 4. Improvement Plans
9-4.401 Preparation - Information Required
9-4.403 Approval
9-4.405 Fees and Bonds
CHAPTER 9-5® FEES, DEPOSITS, AND BONDS
9-5.101. Fees, Deposits, and Bonds
9-5.103. Housing In-lieu Fee
9-5.105. Major Thoroughfare and Bridge Fee
9-5.107. Parkland In-lieu Fee
9-5.109. Private Improvement Fees and Bonds
9-5.111. Sand, Gravel, and Mineral Extraction Fees and Bonds
— 9-5.113. Temporary Caretaker Residences Deposit
9-5.115. Water Fees and Bonds
APPENDIX A - DEFINITIONS
APPENDIX B -ADOPTED COMPREHENSIVE DEVELOPMENT PLANS
SUMMARY
City of San Juan Capistrano Land Use Code
9-v November 15, 2002
Title 9 -Table of Contents
Tables
Table Page
Table 2-1 Zoning Consistency Matrix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-4
Table 2-2 Sample Residential Allocation Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-37
Table 3-1 Lases in Residential Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-12
Table 3-2 Development Standards for Residential Districts . . . . . . . . . . . 9-3-18 -
Table 3-3 Hillside Residential District Dwelling Unit Calculation . . . . . . . . . . . . . . . . . . . 9-3-20
Table 3-4 Uses in Commercial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-27
Table 3-5 Development Standards for Commercial Districts . . . . . . . . . . . . . . . . . . . . . . . 9-3-31
Table 3-6 Uses in Industrial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-33
Table 3-7 Development Standards for Industrial Districts . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-39
Table 3-8 Uses in Public and Institutional (P&I) District . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-42
Table 3-9 Development Standards for the Public and Institutional (P&I) District . . . . . . . 9-3-44
Table 3-10 Uses in Open Space Districts . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . 9-3-47 —
Table 3-11 Development Standards in Open Space Districts . . . . . . . . . . . . . . . . . . . . . . . . 9-3-50
Table 3-12 Uses in Farm Market (FM) District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-52
Table 3-13 Development Standards for the Farm Market (FM) District . . . . . . . . . . . . . . . 9-3-55
Table 3-14 Uses in Solid Waste Facility (SWF) District . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-57
Table 3-15 Interim Uses in the Planned Community (PC) District . . . . . . . . . . . . . . . . . . . 9-3-61
Table 3-16 Interim Uses in the Specific Plan/Precise Plan Districi. . . . . . . . . . . . . . . . . . . . 9-3-66
Table 3-17 Density Bonuses with an Additional Incentive Formula . . . . . . . . . . . . . . . . . . . 9-3-94
Table 3-18 Video and Radio Antenna Development Standards
(Excluding Amateur Radio Antenna) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-99
Table 3-19 Telecommunication Antennas and Facilities Development Standards . . . . . . . 9-3-100
Table 3-20 Amateur Radio Antenna Regulations for All Districts . . . . . . . . . . . . . . . . . . . 9-3-103
Table 3-21 Commercial Stable Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-111
Table 3-22 Maintained Horizontal Illuminance for Parking Lots . . . . . . . . . . . . . . . . . . . . 9-3-153
Table 3-23 Parking Lot Lighting Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-154
Table 3-24 Pedestrian Ways Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-155
Table 3-25 Average Maintained Illuminance Levels for Pedestrian Ways . . . . . . . . . . . . . . 9-3-156
Table 3-26 Exterior Display Lighting Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-159
Table 3-27 Outdoor Recreation Lighting Design Standards . . . . . . . . . . . . . . . . . . . . . . . . 9-3-160
Table 3-28 Residential Lighting Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-161
Table 3-29 Exterior Noise Standards for Residential and Public and Institutional Districts 9-3-162
Table 3-30 Exterior Noise Standards for Commercial Districts . . . . . . . . . . . . . . . . . . . . . 9-3-163
Table 3-31 Maximum Noise Levels Not to be Exceeded . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-163
Table 3-32 Minimum Parking Facility Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-173
Table 3-33 Residential Parking Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . 9-3-177
Table 3-34 Business and Commercial Uses Parking Requirements . . . . . . . . . . . . . . . . I . 9-3-178
Table 3-35 Office, Service, Health, and Professional Uses Parking Requirements . . . . . . . 9-3-180
Table 3-36 Recreational Uses and Places of Assembly Parking Rec[uirements . . . . . . . . . . 9-3-181
Table 3-37 Educational and Cultural Uses Parking Requirements . . . . . . . . . . . . . . . . . . . 9-3-183
City of San Juan Capistrano Land Use Code
9-vi November 15, 2002
Title 9 - Table of Contents
Table 3-38 Manufacturing and Related Uses Parking Requirements . . . . . . . . . . . . . . . . . 9-3-184
Table 3-39 Allowed Recycling Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-185
Table 3-40 Multi-Family Attached Uses On-Site Recyclable Storage Requirements . . . . . 9-3-190
Table 3-41 Commercial On-Site Recyclable Storage Requirements . . . . . . . . . . . . . . . . . . 9-3-190
Table 3-42 Sign Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-208
Table 3-43 Facilities Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-239
Table 3-44 Employee Generation Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-239
Table 4-1 Standards for Bicycle and Equestrian Trails . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-12
_ Table 4-2 Average Sewerage Flows - Specific Land Use Types . . . . . . . . . . . . . . . . . . . . . . 9-4-35
Table 4-3 Average Sewage Flows - General Land Use Types . . . . . . . . . . . . . . . . . . . . . . . 9-4-36
Table 4-4 Minimum Slopes for Sanitary Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-37
Table 4-5 Required Local Access Street Sections (Non-Arterial) . . . . . . . . . . . . . . . . . . . . 9-4-45
Figures
Figure Page
Figure 2-1 Process for Amendment of the General Plan . . . . . . . . . . . . . . . . . . . . . . . . . 1 9-2-10
Figure 2-2 Process for Amendment to the Land Use Code . . . . . . . . . . . . . . . . . . . . . . . . 9-2-12
Figure 2-3 Process for Appeal of Decisions to City Council . . . . . . . . . . . . . . . . . . . . . . . 9-2-13
Pigure 2-4 Process for Architectural Control (AC) Review . . . . . . . . . . . . . . . . . . . . . . . . 9-2-15
Figure 2-5 Process for Change of Zone District - Property Owner Initiated . . . . . . . . . . . . 9-2-19
Figure 2-6 Process for Change of Zone District - City Council Initiated . . . . . . . . . . . . . . 9-2-20
Figure 2-7 Process for Conditional Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-22
Figure 2-8 Process for Development Standards Adjustment Permit . . . . . . . . . . . . . . . . . 9-2-25
Figure 2-9 Process for Floodplain Land Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-27
Figure 2-10 Process for Grading Plan Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-29
Figure 2-11 Process for Growth Management Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-34
Figure 2-12 Process for Site Plan Review for Historical and Cultural Landmark (INCL)
Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-41
Figure 2-13 Process for Lot Line Adjustments (LLA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-43
Figure 2-14 Process for Approval for Mobilehom.e Park Conversions, Closures, and
Cessation of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-45
Figure 2-15 Process for Pre-Zoning Prior to Annexation . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-57
Figure 2-16 Process for Review of Public Improvement Plans and Outside Agency
Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-59
Figure 2-17 Process for Sign Permit Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-62
Figure 2-18 Process for Tentative Parcel Map(TPM),Tentative Tract Map(TTM), and Condominium
Conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-65
Figure 2-19 Process for Temporary Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-70
Figure 2-20 Process for Tree Removal Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-72
Figure 2-21 Process for Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-76
Figure 2-22 Process for Exception to Land Use Code Regulations . . . . . . . . . . . . . . . . . . . 9-2-79
City of San Juan Capistrano Land Use Code
9-1-vii November 15, 2002
Title 9 -Table of Contents
Figure 3-1 Multiple-Else Facilities Antenna . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-101
Figure 3-2 Building-Mounted Antennas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-101
Figure 3-3 Fence Height Calculation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-123
Figure 3-4 Parking Facility Design Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-174
Figure 3-5 Types of Signs and Calculation of Sign Area . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-213
Figure 3-6 Shoulder Cut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-245
Figure 3-7 Triple Cut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . 9-3-246
Figure 3-8 Thinning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-247
Figure 3-9 Size Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-248
Figure 3-10 Intersection/Driveway Visibility Requirements (public/private streets) . . . . . . 9-3-253 --
Figure 4-1 Typical Slope Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-20
Figure 4-2 Irregular Lot Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-23
Figure 4-3 Cul-de-Sac Lot Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-26
Figure 4-4 Peak to Average Relationship for Sewage Design Flows . . . . . . . . . . . . . . . . . . 9-4-34
Figure 4-5 Sidewalk and Bikeway Parkway Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-42
Figure 4-6 Equestrian Trail and Scenic Highway Parkway Facilit'�es . . . . . . . . . . . . . . . . . 9-4-43
Figure 4-7 Hillside Parkway Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-44
Figure 4-8 Standard Residential and Other Local Access Street Sections . . . . . . . . . . . . . . 9-4-46
Figure 4-9 Standard Primary Highway Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-48
Figure 4-10 Standard Secondary Highway Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-49
Figure 4-11 Standard Local Arterial Highway Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-50
Figure 1 Building Height . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . 9-vii -
Figure 2 Hillside Building Height . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 9-x
Figure 3 Finished Grade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-xix
Figure 4 Floor Area Ratio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-xx —
Figure 5 Lot Organization . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 9-xxvi
Figure 6 Lot Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-xxvii
Figure ? Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-xl
City of San Juan Capistrano Land Use Code
9-1-viii November 15, 2002
Chapter 9.1 - General Provisions
CHAPTER 9-1 . GENERAL, PROVISIONS
Article 1. Purpose, Title,Authority, Effective Date, Effect, and Definitions
9-1.101. Purpose, Title, Authority, Effective Date, Effect, and Definitions
9-1.103. Building Official Authority
9-1.105. Director of Building and Engineering Services Authority
9-1.107. Environmental Administrator Authority
9-1.109. Planning Director Authority
9-1.111. Zoning Administrator Authority
Article 2. Enforcement,Violations, and Penalties
9-1.201. Violations and Penalties
City of San Juan Capistrano Land Use Code
9-1-1 November 15, 2.002
Chapter 9.1 - General Provisions
ARTICLE 1 . PURPOSE, TITLE, AUTHORITY, EFFECTIVE DATE,
EFFECT, AND DEFINITIONS
Sec. 9-1.101 Purpose, Title, Authority, E&ctive 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.
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9-1-2 November 15, 2002
Chapter 9.1 - General Provisions
(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 or those 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.Terms that are located in Appendix A Definitions are
italicized in Chapters 1 through 5 of 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.
Sec. 9-1.103 Building Official Authority
The Development Services Manager or his or her designated representative is hereby appointed
as the Building Official. Subject to the general control and supervision of the Director of
Engineering and Building Services, the 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 Uniform 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:
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9-1-3 November 15, 2002
Chapter 9.1 - General Provisions
(1) To make structural inspections of residential and non-residential construction to
ensure compliance with the latest adopted Uniform Building Code and other related
Codes and laws; and
(2) To check plans and make inspections of construction work for conformity with the
latest adopted Mechanical Code, National Electrical Code, and Uniform Plumbing
Code.
(d) Shall review the plans and process building permit applications for subdivisions,create and
assign official addresses,investigate complaints, and conduct the followup of violations to
this title, including serving as courtroom witness.
(e) Shall 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 Building and Engineering Services Authority
Subject to the general control and supervision of the City Manager,the Director of Engineering
and Building Services 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 Engineering and Building Services under other laws and ordinance,City regulations,
and administrative provisions:
(a) Overseeing all the duties and responsibilities as prescribed for the Building Official,upon
who he or she supervises.
(b) 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 to be pending, -
the Director of Engineering and Building Services is hereby authorized and directed to take
such measures as deemed necessary or expedient to enforce and secure compliance with
the provisions of Chapters 1 through 5 of this title. _
(c) 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 Engineering and Building Services
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 Engineering and Building Services.
(d) The Director of Engineering and Building Services shall have the direct authority and
responsibilities wherever Chapters 1 through 5 reference the City Engineer.
City of San Juan Capistrano Land Use Code _.
9-1-4 November 15, 2002
Chapter 9.1 - Genera]Provisions
Sec. 9-1.107 Environmental Administrator Authority
Environmental review of projects shall be carried out by the City's Environmental Administrator
pursuant to 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 meet regularly,shall develop procedures for the 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 shall be responsible for determining the applicable section of this title
that may apply when separate provisions of this title appear to be in conflict.
(c) 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.
(d) 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.
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.
City of San Juan Capistrano Land Use Code
9-1-5 November 15, 2002
Chapter 9.1 - General Provisions
(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
variances, conditional use permits, and other permits as specified in this article; "l
(2) To provide a method by which minor 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;
(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) Conditional use permits. The Zoning Administrator shall have authority to make
determinations on conditional use permit applications subject to the criteria set
forth in Section 9-2.317 Conditional Use Permit of the Municipal Code. Said
authority shall be limited to the following specific areas when allowed with a conditional
use permit as identified in Chapter 3 Zoning Districts and Standards:
(A) Residential Districts _..
(i) Animal raising;
(ii) Apiaries;
(iii) Secondary dwelling unit, as set forth in Section 9-3.501 Accessory
Uses and Structures; and
(iv) Tennis court lighting, as set fDrth in Section 9-3.501 Accessory
Uses and Stnictures and Section 9-3.529 Lighting Standards.
City of San Juan Capistrano Land Use Code
9-1.-6 November 15,2002
Chapter 9.1 - General Provisions
(B) Commercial Districts
(i) Book binding;
(ii) Dancing and live entertainment,-
(iii)
ntertainment;(iii) More than three (3)game machines; and
(iv) Veterinary offices and clinics.
(C) Industrial Districts
(i) Collection and recycling of paper, glass and other materials,
excluding junk yards and automobile salvage;
- (ii) Collection centers for recycling, as set forth in Section 9-3.537
Recycling Facilities;
(iii) Packing plants for whole ag-icultural products, excluding food
processing; and
(iv) Processing and/or sales of top soil or fill dirt.
(2) Variances. The Zoning Administrator shall have the authority to make
determinations on variance applications, except when any application is submitted
in conjunction with a part of a project which requires Planning Commission action
as a normal course and shall automatically be referred to the Planning Commission.
The variance shall be subject to the findings set forth in Section 9-2.351 Variances
- and Exceptions.
(3) Development standards adjustment. The Zoning Administrator shall have authority
to make determinations on development standards adjustment applications subject
to the criteria and limitations set forth herein.The adjustment application may only
apply to a project on an individual parcel and shall not be part of a larger project that
is subject to Planning Commission or City Council consideration. Such authority shall
be limited to the following specific adjustments pursuant to Section 9-2.319
Development Standards Adjustment:
(i) All dimensional or percentage requirements of Chapter 3 Zoning Districts and
Standards of this Title-maximum of ten(10)percent adjustment to required
minimums or maximums.
(4) Exceptions to regulations.The Zoning Administrator shall have the authority to grant
exceptions to land use regulations, except when any application is submitted in
conjunction with a part of a project which requires Planning Commission action as
a normal course and shall automatically be referred to the Planning Commission.
The exception to land use regulations shall be subject to the findings set forth in
Section 9-2.351 Variances and Exceptions.
(5) Modifications to approved architectural control applications. The Zoning
Administrator shall have the authority to make determinations on modifications to
City of San Juan Capistrano Land Use Code
9-1-7 November 15, 2002
Chapter 9.1 - General Provisions
architectural control applications subject to the criteria set forth herein. No public
hearing shall be required. This application shall be allowed one time only for each
element of an approved architectural control application. Said authority shall be
limited to the following specific_modifications:
(A) Lighting,landscaping,and sign program modifications in compliance with the
criteria as established within Municipal Code Sections 9-3.29 Lighting
Standards, 9-3.527 Landscape, and 9-3.543 Signs;
(B) Dimensional and percentage requirements for lighting, landscaping and sign _
program shall not exceed a maximum of a ten (10) percent modification;
(C) Building additions not more than fifteen (15) percent nor greater than 1,500
square feet,whichever is less. This application shall be allowed one time only
for each building.
(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.
(2) Referral to the Planning Commission. The Zoning Administrator may choose to
refer any application described in this article to the Planning Commission when the _
Zoning Administrator determines that the general public interest warrants such
referral because the project is not consistent with the General Plan,applicable permit
requirements, or other adopted City plan or regulation. When any application
described in this article is in conjunction with,and a part of,a project which requires
Planning Commission action as a normal course,such application shall automatically
be referred to the Planning Commission.
(3) Public hearings. The Zoning Administrator shall hold public hearings for conditional
use permits and variances as required by Section 9-2.335 Public Hearing Procedures
and shall set the time and place of such hearings 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.
(4) Appeals.All determinations by the Zoning Administrator may be appealed to the City
Council by the applicant or other aggrieved party in accordance with Section 9-2.311
Appeals.
City of San Juan Capistrano Land Use Code
9-1-8 November 15, 2002
Chapter 9.1 - General Provisions
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, upon an order of the City Council, shall
immediately 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 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.
City of San Juan Capistrano Land Use Code
9-1-9 November 15, 2002
Chapter 9.2 -Administration
CHAPTER 2. ADMINISTRATION
Article 1. General Plan Review and Consistency
9.2-101. Consistency of Projects with the General Plan
9-2.103. Residential Density and Unit Count
Article 2. Environmental Review Procedures
9-2.201. Environmental Review Procedures
Article 3. Development Review Procedures
9-2.301. General Review Procedures
9-2.303. Administrative Approvals
9-2.305. Adult Business Permit
9-2.307. Amendment of the General Plan
9-2.309. Amendment of the Land Use Code
9-2.311. Appeals
9-2.313. Architectural Control Review
9-2.315. Change of Zone District
9-2.317. Conditional Use Permit
9-2.319. Development Standards Adjustment
9-2.321. Floodplain Land Use Permit
9-2.323. Grading Plan Review
9-2.325. Growth Management
9-2.327. Historical and Cultural Landmark Site Plan Review
9-2.329. Lot Line Adjustments and Reversions to Acreage
9-2.331. Mobilehome Park Conversions, Closures, and Cessation of Use
9-2.333. Pre-zoning Prior to Annexation Procedures
9-2.335. Public Hearing Procedures
9-2.337. Public Improvement Plans and Outside Agency Development Review
9-2.339. Public Meeting Procedures
9-2.341. Sand, Gravel, and Mineral Extraction Permit
9-2.343. Sign Permit Review
9-2.345. Subdivision Approval
9-2.347. Temporary Use Permits
9-2.349. Tree Removal Permit
9-2.351. Variances and Exceptions
Article 4. Nuisances
City of San Juan Capistrano Land Use Code
9-2-1 November IS, 2002
Chapter 9.2 -Administration
.ARTICLE 1 . GENERAL PLAN REVIEW ALND 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 Kan.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.
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 9-2.3 51)and approval or denial.The appropriate decisionmaking 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 final decisionmaking 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. -
(c) Criteria for determining consistency
The Planning Director or the applicable decisionmaking 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,
City of San Juan Capistrano Land Use Code
9-2-2 November 15, 2002
Chapter 9.2 -.Administration
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 Lint 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 the maximum designated
on the.General flan in order to meet the 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.
City of San Juan Capistrano Land Use Code
9-2-3 November 15, 2002
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Chapter 9.2 -Administration
ARTICLE 2. ENVIRONMENTAL REVII-W 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 decisionmaking authority.
Environmental review shall be carried out in accordance with the California Environmental Quality
Act, State Environmental Impact Report Guidelines, City's Environmental Impact Report
Guidelines, and other applicable regulations.
City of San Juan Capistrano Land Use Code
9-2-5 November 15, 2002
Chapter 9.2 -Administration
ARTICLE 3. DEVELOPMENT REVIEW PROCEDURES
Sec. 9-2.301 General Review Procedure
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.
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 more sensitive projects identified under
this section to the Design Review Committee for recommendation prior to final approval.
Therefore, the following items are hereby delegated to the Planning Director 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 with a maximum of 1,000 square feet. This application shall be
allowed one time only for each building. A finding of consistency with the existing
building architectural style,materials,colors,and other provisions of the Municipal
Code is made;
(4) Color changes,windows,and door relocation and/or additions which are compatible
with the existing building architectural style and the City's adopted Architectural
Design Guidelines;
(5) Equestrian shows and exhibits as permitted in compliance with the provisions under
Section 9-3.515 Equestrian Standards;
(6) Exterior lighting as permitted in individual districts in compliance with the provisions
City of San Juan Capistrano Land Use Code
9-2-6 November 15, 2002
Chapter 9.2 -Administration
of Section 9-3.529 Lighting Standards;
(7) Fences exceeding six (6) feet in height in compliance with the provisions of Section
9-3.517 Fences,Walls, and Hedges;
(S) Home business permit applications which comply with the provisions of Section 9-
3.523 Home Business;
(9) Modifications which are minor in nature to approved tentative tract or parcel maps;
(10) Outdoor dining. Where that portion of the area used for outdoor dining is
considered in calculating the parking requirements in accordance with Section 9-
3.535 Parking and a finding :is made that all parking provisions of the Municipal
Code are satisfied;
(11) Outdoor display of merchandise and product display for an existing building which
complies with the provisions under Section 9-3.549 Storage and Display;
(12) Outdoor storage as permitted in individual districts in compliance with the provisions
under Section 9-3.549 Storage and Display,
(13) 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,
(14) Sign permit applications in compliance with the provisions of Section 9-3.543 Signs;
and
(15) Special activity permit applications in compliance with the provisions of Section 9-
3.547 Special Activities.
(b) Application completeness
The Planning Director shall prescribe the type and form of information required to process
an administrative approval. 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.
City of San Juan Capistrano Land Use Code
9-2-7 November IS, 2002
Chapter 9.2 -Administration
(c) Process
Within five (5)working days of receipt of a complete application form and all supporting
information,the Planning Director shall approve,deny,or approve subject to modifications
or refer the project to the Planning Commission for review and action. -
(d) Time limit for implementation
An approved application will be valid for one (1) year and shall not be extended.
(e) Appeals
Decisions of the Planning Director regarding administrative approvals may be appealed to the
City Council 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.
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.
(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. The Planning
Director shall, in January of each year, schedule four (4) tentative times during the year
when General Plan amendments may be heard by the Planning Commission and City
Council.
City of San Juan Capistrano Land Use Code
9-2-8 November 15, 2002
Chapter 9.2 -Administration
(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 denial and the matter shall be forwarded to the Ci y
Council for final action.
(d) Review procedure
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.
Following Ciy Council acceptance of one or more General Plan amendment petitions for
consideration, the procedure depicted in Figure 2-1 shall be used.
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) Decisionmaldng authority
The Ciy Council may amend the Land Use Code text by adoption of an amending
ordinance in accordance with the procedures set forth in this section.
(c) Initiation of application
Consideration of a Land Use Code text amendment must be initiated by the City Council.
City commissions, boards, City staff, or any interested private party may petition the Ci y
Council to initiate consideration of a text amendment.
City of San Juan Capistrano Land Use Code
9-2-9 November 15, 2002
Chapter 9.2 -Administration
Petition of the City Council to initiate a
General Plan Amendment
City Council decides to
initiate General Plan
City Council initiates General Plan Amendment
Amendment
Environmental Administrator(EA)
evaluates Amendment for compliance -
with state environmental laws. The
Amendment will be circulated for at least
a 45-day review period.
Other City
Commissions review the
proposed General Plan
Amendment*
1
Planning Commission considers proposed
Amendment.Public Hearing required.
Commission acts to recommend to the City
Council:
•Approve
•Modify
•Deny \
y -
City Council considers application.
Public Hearing required. Council acts to:
MAJOR MODIFICATION *Approve
(of Planning Commission *Modify
recommendation) •Deny
Planning Commission has 45 days to review APPROVE/
modifications referred by the City Council. DENY
Public Hearing not required.Commission acts
to recommend to the City Council:
'Approve**
•Modify
•Deny
AIL
* Other City Commissions shall transmit comments
to the Planning Commission at least 72 hours
prior to the scheduled public hearing.
**Failure of the Planning Commission to respond Figure 2-1
within 45 days is considered an automatic Process for Amendment
approval.
of the General Plan
City of San Juan Capistrano Land Use Code
9-2-10 November 15, 2002
Chapter 9.2 -Administration
(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
amendments applications shall be processed in accordance to the procedure depicted in
Figure 2-2.
Sec. 9-2.311 Appeals
(a) Introduction and City Council authority
All decisions by City commissions, boards, committees, staff, or other City bodies
regulated by this chapter where authority has been granted to take a final action or
decision regulated by this chapter are subject to appeal to the City Council,unless said appeal
is subject to a specific procedure adopted as part of this title.
(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 effected
by the decision on the application.. 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 oi'sufficient detail to allow adequate
analysis of each appeal. Once an appeal is received by the City Clerk,the appeal application
,Ail] 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 in Figure 2-3.
If the application is found to be incomplete, the City Clerk will notify the applicant in
writing within 30 days what additional information is required, and the appeal will not be
processed until that information is received by the City Clerk.
City of San Juan Capistrano Land Use Code
9-2-11 November 15, 2,002
Chapter 9.2 -Administration
Petition to the City Council to initiate a Land
Use Code Amendment
City Council
decides to initiate
Land Use Code
Amendment
City Council initiates Land Use •o -Amendment
'
Environmental Administrator
(EA)evaluates project for
Forwarded to other compliance with state
City Commissions for environmental laws. The proposed
Other City review if necessary project will b,�circulated for up to a
Commissions review 45-day review period. --
the proposed project
Forwarded to Planning
Commission if review by other -
City Commissions not necessary
Planning Commission considers the
project application and forwards a
recommendation to the City Council.
Public hearing is required.
Planning Commission has 30 days to review
modifications referred by the City Council. \ —
Public Hearing not required.Commission J}
forwards a recommendation to the City IF
Council.
City Council considers application.
Additional review Public Hearing required. Council acts to:
needed •Approve
Condit
ionally Approve
*Deny
Figure 2-2 ~
Process for Amendment
to the Land Use Code
City of San Juan Capistrano Land Use Code
9-2-12 November 15, 2002
Chapter 9.2 -Administration
Appeal Submitted to City Clerk'
within 15 days . actio-
by
board,
committee,sta or other City ...
Application submittal
requirements not met;
returned for additional
information Application reviewed for validity
and completeness by City Clerk.
and findings made
Application submittal
requirements met and
appeal is valid
Application determined to
be invalid. Applicant
notified with findings and
appeal fee returned.
City Council considers appeal within 45
days. Public Hearing required if a hearing
was required for the original action.
Council acts to:
NOT •Affirm
CONFIRM •Reaffirm
City Council conside;Ci��Ctlek'sr •Reverse
determination.Couo: 1 °Modify
°Confirm J
•Not Confirm
CONFIRM
OL AIL
Figure 2-3
Process for Appeal of
Decisions to City Council
City of San Juan Capistrano Land Use Code
9-2-13 November 15, 2002
Chapter 9.2 -Administration
(e) Findings
In reviewing the application for completeness, the City Clerk shall make a determination
that the appeal is or is not valid.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 which 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.
Sec. 9-2.313 Architectural Control Review
(a) Projects subject to architectural control (AC) :review
AC review shall be conducted for every project proposing a commercial,office,industrial,
institutional, recreational, or other nonresidential development use, or residential projects
with a gross density of eight (8) units per acre or more. Residential projects with a gross
density of less than eight (8) units per acre are exempt from AC review.
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.
(b) AC review process
Each applicant for an AC review shall submit information deemed necessary to complete
environmental review and the consideration of the application 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 application. 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 depicted in Figure 2-4. If the
application is found to be incomplete,the Department of Planning Services will notify the
applicant in writing within thirty(3 0)days what additional information is required,and the --
application will not be processed until that information is received by the Department of
Planning Services. AC review applications shall be processed in accordance to the
procedure depicted in Figure 2-4.
City of San Juan Capistrano Land Use Code
9-2-14 November 15, 2002
Chapter 9.2 -Administration
Pre-Application Meeting
Application Project is residential with a gross density
of less than 8 units/acre and does not
require separate discretionary
entitlement
Project does not qualify for
exemption
Application submittal
requirements not met; Application reviewed for
returned for additional completeness by Deparl:ment of
information Planning Services within 30 days
C Application submitral
requirements met.
Application determined
to be incomplete;
returned for additional
- information Project Coordinating
Committee(PCC)reviews Application determined
application for completeness and to be complete
identifies issues
Design Review Environmental Administrator
Committee reviews (EA)evaluates application for
the proposed project to compliance with state
identify possible design environmental laws. The
issues and provide application will be circulated for up
comments on the AC to a 45-day review period
application
v=Departmentnning Services Planning Commission considers
l/denial based on application.Public Meeting required.
y Codes and the Commission acts to:
Plan *Approve
•Conditionally Approve
•Deny*
NO APPEAL APPEAL
FSee Figure 2-3 for description of
appeals process
*The Planning Commission may continue an item to seek Figure 2-4
additional information.However,in no instance shall an
item be continued for more than two meetings,unless Process for Architectural
agreed to by the applicant.
Control (AC) Review
City of San Juan Capistrano Land Use Code
9-2-15 November 15, 2002
Chapter 9.2 -Administration
(c) Findings
In order to approve an AC review application, the Planning Commission shall make the
following findings:
(1) The project plans comply with all provisions of Title 9 of the San Juan Capistrano
Municipal Code;
(2) The architectural and general design of the project is generally consistent with the
goals, policies and objectives of the Community Design Element and all other
applicable provisions of the General Plan;
(3) The site plan is compatible with surrounding e.dsting and proposed land uses; -
(4) The general design considerations, including the character, scale and quality of the
design are consistent with the adopted Architectural Design Guidelines of the City;
(S) The site plan is functional and safe in regards to existing or mitigated off-site
conditions as they relate to adequacy ofvehicular,bicycle and pedestrian circulation;
(6) The general landscape design, including the location, type, size, color, texture and
coverage of plant materials has been considered to insure visual relief to complement
buildings and structure; and
If one or more of the above-stated findings cannot be made to approve the application,the
Planning Commission shall deny the application citing specific reasons in support of their
action. Approved plans are approved as precise.
(d) Expiration of application approvals _._.
Application approvals granted under this section shall expire two (2)years from the date of
approval by the Planning Commission if building permits have not been issued and
construction is not underway.
The Planning Commission may grant extensions to their approval not to exceed an
additional twelve(12)months per request. Said applications for an extension of time must
be submitted to the City prior to the expiration date. When granting an extension, the
Planning Commission must find that the application remains consistent with all applicable
provisions of this Code. Decisions of the Planning Commission on applications for
extensions may be appealed to the City Council in accordance with Section 9-2.311 Appeals
of the Municipal Code.
City of San Juan Capistrano Land Use Code
9-2-16 November 1S, 2002
Chapter 9.2 -Administration
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 Oficial Zoning Map(zone change)
adopted by reference, per Article l Establishment of Districts: Official Zoning Map of
Chapter 3 of this title, as an integral part of this Land Use Code.
(b) Decisionmaking authority
The City Council may amend the Oficial 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 Oficial Zoning Map, may be initiated
for a given parcel by the City Council or by the record owner 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.
Applications for zone changes may be filed with the Department of Planning Services,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.
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 subsection (d). 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.
Zone change applications shall be considered only if found consistentwith the City's General
Plan in accordance with Article 1 General Plan Review and Consistency of Chapter 2 of
this title and Table 2-1 Zoning Consistency Matrix.
(d) Development review process
Zone change applications shall be processed in accordance to the procedure depicted in
Figures 2-5 and 2-6.
City of San Juan Capistrano Land Use Code
9-2-17 November 15, 2002
Chapter 9.2 -Administration
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 which
are permitted within the different zoning districts upon approval of a conditional use permit
(CUP). Such uses require approval of a CUP for their establishment because, although
deemed consistent with the purpose and intent of the district, they typically have
characteristics which require special regulation in order to avoid or minimize potential
adverse impacts on surrounding properties. Therefore, each such proposed comparable
mobilehome park 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 comparable mobilehome park.
(b) Listings of conditional uses
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.
(c) Decision maldng authority
The Planning Commission or the Zoning Administrator shall have the authority to
approve, deny, or approve with conditions CLIP applications as specified in Article 3
Development Review Procedures of this chapter. -
(d) Initiation of application
Applications for conditional use permits may befiled 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 initiate both environmental review(pursuant to Article 2 Environmental Review
Procedures of Chapter 2 of this title) and the CLIP application review.
City of San Juan Capistrano Land Use Code
9-2-18 November 15, 2002
Chapter 9.2 -Administration
Pre-Application Meeting by property owner;or
authorized agent,for Zone Change
• application
Rd
B • • 1 • • 1
Application submittal Application submittal
requirements not met; Application reviewed for Pp
completeness b Department of requirements met
returned for additional p y P
information Planning Services
Application determined
to be incomplete; Project Coordinating
d for additional Application determined
Committee(PCC)reviews
information application for completeness and to be complete
identifies issues
Forwarded to other
City Commissions for
Other City review if necessary Environmental Administrator
-
Commissions review (EA)evaluates project for
the proposed project compliance with state
environmental laws. The proposed
project will be circulated for up to a
45-day review period
Planning Commission has 30 days to review Forwarded to Planning
modifications referred by the City Council. Commission if review by other
Public Hearing not required.Commission City Commissions not necessary
forwards a recommendation to the City
Council
CPlarining Commission considers theoject application and forwards ammendation to the City Council.Public hearing is required
City Council considers application.
Public Hearing required. Council acts to:
•Approve
•Conditionally Approve
•Deny
Figure 2-5
Process for Change of
Zone District - Property
Owner Initiated
City of San Juan Capistrano Land Use Code
9-2-19 November 15, 2002
Chapter 9.2 -Administration
Petition to the City Council to initiate
a Zone Change
City Council decides to initiate
Zone Change
City Council JnJitiates Z�one Change
Environmental Administrator Forwarded to other
(EA)evaluates project for City Commissions for
compliance with state review if necessary --
environmental laws. The proposed
project will be circulated for up to a
45-day review period
IF
Forwarded to Planning
Other City
Commission if review by Commissions review
other City Commissions not the proposed project
necessary
CPlarmingion considers the and Forwards athe City Council.is required
7Plan-ning :Council
30:daystoewe l.d.on
City Council considers application.
Public Hearing required. Council acts to:
•Approve
•Conditionally Approve
•Deny \-
a
I
Figure 2-6
Process for Change of
Zone District - City
Council Initiated
City of San Juan Capistrano Land Use Code
9-2-20 November 15, 2002
Chapter 9.2 -Administration
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 subsection (e). 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.
(e) Review process
CLIP applications shall be processed in accordance to the procedure depicted in Figure 2-
7.
(f) Conditions of approval
A finding that the proposed comparable mobilehome park, with any required specific
conditions, is compatible with adjacent permitted land use for the base district is necessary
for approval. In order to mitigate the possible adverse impact of a comparable mobilehome
park on surrounding properties and to ensure overall consistency of the use with the Land Use
Code and the General Plan,specific conditions may be;imposed on any CLIP approval. Such
conditions may include, but are not limited to, restrictions on hours of operation.
(g) Establishment of use
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 comparable mobilehome park must be diligently pursued. Therefore, the
comparable mobilehome park must be established at the approved location within one(1)year
of the final approval of the CUP. Such establishment shall be deemed to consist of the
satisfaction of all relevant CLIP conditions of approval and one of the following three (3)
actions: (1) the issuance of a building permit for neve construction (if said permit expires,
approval of conditional use permit shall become null and void); (2)the issuance of a certificate
Of use and occupancy for the establishment of a comparable mobilehome park in an existing
structure;or(3) the commencement of operation of the comparable mobilehome park in cases
where no construction or existing structure is involved (e.g., resource extraction).
City of San Juan Capistrano Land Use Code
9-2-21 November 15, 2002
Chapter 9.2 -Administration
Pre-Application Meeting
Applicat ion Submittal
Application submittal Application reviewed for Application submittal
requirements not met; completeness by Department of requirements met
returned for additional Planning Services
information
Application determined Project Coordinating
to be incomplete; Committee(PCC)reviews Application determined
returned for additional application for completeness and to be complete
information identities issues
Forwarded to City
Commissions if the project Environmental Administrator
does not qualify for Zoning (EA)evaluates application for
Administrator review compliance with state
environmental laws. The
City Commissions
application will be circulated for up
review the proposed to a 45-day review period
project
Forwarded to Planning Forwarded to Zoning
Commission if the project Administrator if project
does not qualify for Zoning
meets the requirements
of Section 9-1.111
Administrator review and ---
review by other Commissions
not necessary
IF Zoning Administrator(ZA)
considers application.Public Hearing
required. ZA acts to:
=-
orom
ission considers *Approve
earing required. *Conditionally Approve
n acts to: *Deny
ove
lly Approveny 1N0 APPEAL
APPEAL
NO APPEAL
IF
IF
See Figure 2-3 for description of
appeals process
Figure 2-7
Process for Conditional
Use Permit
City of San Juan Capistrano Land Use Code
9-2-22 November 15, 2002
Chapter 9.2 -Administration
If the preceding requirements are not met within one year of final CLIP approval, the
conditional use permit shall be rendered null and void.
The applicable CLIP decisionmaking authority (e.g., Planning Commission or Zoning
Administrator) may extend the time period for meeting the preceding requirements for
establishment of the use up to one additional year.The decisionmaking authority shall hold
a public hearing prior to action on such a time extension.
Additional conditions may be imposed on a CUP in conjunction with a time extension.
However,such new conditions may only be imposed following a public hearing to receive
testimony on the proposed additional conditions.
(h) Discontinuance of conditional use
Whenever any use of land, building or premises established under a conditional use permit is
discontinued for a period of six (6) months 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.
(i) Appeals
Decisions on conditional use permit applications may be appealed to the City Council by the
applicant or other aggrieved party in accordance with Section 9-2.311 Appeals.
(j) Consistency of working drawings 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 CLIP approval.The Planning Director shall ensure that any final working drawings for
grading or construction authorized by a CLIP approval are consistent with said previously-
reviewed plans prior to release of working drawings for plan check. The Planning Director
may approve minor variations from previously-reviewed plans if he or she determines that
the original plan concepts are being carried out.If the Planning Director does not make such
a determination, the subject working drawings shall be referred to the decisionmaking
authority for review and action.
(k) Revocation
A CUP 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
CUP 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 shall be held in accordance with Section
- 9-2.335 Public Hearing Procedures prior to action on revocation or modification. The
City of San Juan Capistrano Land Use Code
9-2-23 November 15, 2002
0apter 9.2 -Administration
Planning Director may schedule such a hearing upon his or her preliminary finding of
noncompliance with any of the preceding requirements.
Sec. 9-2.319 Development Standards Adjustment
(a) Applicability of regulations
The provisions of this section shall apply to development standard adjustments to all
dimensional or percentage requirements of Chapter 3 Zoning Districts and Standards of
Title 9 of the Municipal Code, up to a maximum of ten (10) percent adjustment to
required minimums or maximums.
(b) Development standards adjustment review process
Applications for development standards adjustment permit review may be filed with the
Department of Planning Services. The Planning Director shall prescribe the form of
application and the supporting information required to initiate the development standards -
adjustment permit review. Once an application is received by the Department of Planning
Services, the application will be reviewed for completeness. If the Project Coordinating
Committee finds the application to be complete, then the application shall be processed
in accordance to the procedure depicted in Figure 2-8. 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.
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 Manage=ment 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 Engineering and Building Services or his or her agent is designated as the T
"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: :
City of San Juan Capistrano Land Use Code
9-2-24 November 15, 2002
Chapter 9.2 -Administration
Pre-Application Meeting
IF
Application o '
IF
Application determined Project Coordinating
to be incomplete; —� Applicationr
- —I'— Committee(PCC)reviews to be complete
returned for additional application for completeness and
information identifies issues
Environmental Administrator
(EA)evaluates application for
Zoning Administrator(ZA) compliance with state
considers application.Public Meeting environmental laws. The
notice required. ZA acts to: application will be circulated for up
•Approve to a 45-day review period.
°Conditionally Approve
•Deny
_ •Refer to the Planning Commission
NO APPEAL
Zoning Administrator refers to
- the Planning Commission if
general public interest warrants
the referral
APPEAL
Planning Commission considers
application.Public Meeting notice
required. Commission acts to:
*Approve See Figure 2-3 for description of
ConditionallyA APPEAL
Approve — appeals process
•Deny
NO APPEAL
AIL
Figure 2-S
Process for Development
Standards Adjustment Permit
_ City of San Juan Capistrano Land Use Code
9-2-25 November 15, 2002
Chapter 9.2 -Administration
(1) Interpretation. Rendering determinations on the location of special flood hazard
district boundaries using the Flood Insurance: Rate Maps and additional studies
which provide the best available information;
(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) Decisionmaking 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, Floodplatin 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 Engineering and Building 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 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 depicted in Figure 2-9. 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.
Sec. 9-2.323 Grading Plan Review
(a) Review of grading plans as part of development applications
Preliminary grading plans for all development applications regulated by this chapter shall
be reviewed concurrently with the consideration of the overall project and shall become
part of any such project approval.
City of San Juan Capistrano Land Use Code
9-2-26 November 15, 2002
Chapter 9.2 -Administration
Pre-Application Meeting
Application! SubmittalQualifying land use in Special
Flood Hazard Zones"A","AE".
Project not exempt "AH".and"AO",subject to
from Floodplain grading,building,or
Land Use Permit development permit,and
complies with site development
standards
CApplicatiubmittal Application reviewed for not met; completeness by Department of Application submittal
dditional Planning Servicesrequirements met
ion
Application determined Project Coordinating
to be incomplete; Committee(PCC)reviews
returned for additional �application for completeness and — Application determined
information to be comvllete
identifies issues
Forwarded to other
City Commissions for Environmental Administrator
Other City
Commissions review review if necessary (EA)evaluates application for
the proposed project compliance with state
environmental laws. The
application will be circulated for up
—' to a 45-day review period.
#needed.
al review Forwarded to Planning
Planning Commission if review by
on has 30 other City Commissions
espond. __--- not necessary
Planning Commission considers the
project application and forwards a
recommendation to the City Council.
Public Hearing is required.
City Council considers application.
Public Hearing required. Council acts to:
•Approve
Conditionally Approve
•Deny
D �
Figure 2-9
Process for Floodplain
Land Use Permit
City of San Juan Capistrano Land Use Code
9-2-27 November IS, 2002
Chapter 9.2 -Administration
(b) Release of grading plans for plan check
Applications for grading plan review may be filed with the Department of Planning Services.
The Planning Director shall prescribe the form of application and the supporting information
required to initiate the grading plan review. Once an application is received by the
Department of Planning Services,the application wil.l 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 depicted in Figure 2-10. If the
application is found to be incomplete,the Department of Planning Services will notify the
applicant in writingwithin thirty(3 0)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) 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) Modification to previously-approved graded lots
Grading plan applications for the modification of a previously-graded lot or modified
grading design shall be subject to the review and approval of the Planning Director. The
Planning Director shall determine that grading plan modifications comply with the following
design criteria prior to approving any grading modification:
(1) The proposed modifications to be previously-approved grading plans are consistent ~
with any specific design parameters that were made a part of a prior discretionary
action by either the Planning Commission or the City Council (if applicable). -
City of San Juan Capistrano Land Use Code
9••2-28 November IS, 2002
Chapter 9.2 -Administration
' F Pre-application Meeting
Proposed grading plan
exempt from review pursuant
to Section 9-2.323
Application
'JAC
Application reviewed for
completeness by Department of Application submittal
Planning Services requirements not met;
returned for additional
information
Environmental Administrator
(EA)evaluates application for
compliance with state
environmental laws. The
application will be circulated for up EA reviews application.Public Meeting
to a 45-day review period if notice not required. Administrator acts to:
previous environmental review for •Release for plan check
the project was not sufficient 'Deny
APPEAL
- NO APPEAL
See Figure 2-3 for description of
Plans released for
appeals process A RELEASED grading plan check and
FOR PLAN
CHECK permit issuance in
accordance with Title 9
rD,,isi(i and other applicable
regulations adopted by
the City
* Grading plans must be consistent with approved preliminary
grading plans,project concept plans,applicable project
conditions of approval,and applicable provisions of Title 8 and
Title 9 prior to release for completion of plan check and permit
issuance. No grading permit shall be issued unless and until the Figure 2-10
EA makes such a determination of consistency. Process for Grading
Plan Review
City of San Juan Capistrano Land Use Code
9-2-29 November 15, 2002
Chapter 9.2 -Administration
(2) The proposed modifications to the grading plan are consistent with any grading
standards and design concepts or plan approvals pursuant to previous Planning —
Commission approvals (if applicable).
(3) The proposed modification to the grading plan will remain consistent and
compatible with immediately-adjacent lots or units. Said finding of compatibility shall
include: blending of all slopes with adjacent property boundaries, rounding of all
slopes at both top and bottom to blend the grading into the existing terrain,a design
which minimizes any grading alterations to no greater than a two(2)foot differential
from the existing approved grading plan and harmonizes the design with the natural -
contours of the property and surrounding lots.
(4) The proposed modifications to the grading plan shall show 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 9-4.31.3 Graded Slopes of this title.
If the Planning Director finds that the modified grading plan does not comply with the
above, the plan shall be referred to the Planning Commission for review and
determination.
Sec. 9-2.325 Growth Management
(a) Purpose
The purpose of this section is to implement the goals and policies of the General Plan. The
main issues addressed by this section include: 1) controlling and directing future growth
within the City so that the community character is preserved; 2) enhancing and preserving
the character of existing neighborhoods; and 3) insuring rational and orderly growth so
that public services and infrastructure can be provided to new development.
(b) Authority
The authority for this section is derived from the general police powers granted to local
governments by the State for the purpose of preserving the public health, safety, and
general welfare.More specifically,authority is derived from Sections 65000,et seq.of the
Government Code of the State providing for the adoption of local planning, zoning, and
other land use regulations.
City of San Juan Capistrano Land Use Code
9-2-30 November 15, 2002
Chapter 9.2 -Administration
(c) Scope
The provisions of this section pertain to residential development projects only. However, the
City shall closely monitor commercial and industrial developments to insure that balance
is maintained among the three (3) types of land use as required by the General Plan.
(d) Exemptions
(1) Small projects. Projects containing twelve (12) or fewer residential lots or dwelling
units. The grouping of contiguous parcels to develop a series of projects of twelve (12)
units or less shall be construed as an attempt to subvert the purpose of this section.
Such grouped or contiguous projects shall not be exempt from the requirements of
this section; and
(2) Large lot projects. Projects of single-family dwellings wherein no residential lot is less
than two and one-half(2 '/2) acres in size.
(3) Custom homes. In accordance with the findings set forth in subsection (e)(1)of this
section,custom houses in projects subject to growth management requirements shall be
eligible for the issuance of building permits as follows:
(A) In accordance with the effective residential allocation schedule in the same manner
as any other type of dwelling unit so long as unused permit allocations are
available for the calendar year in question at the time of the application for the
permit; and
(B) In addition to the requirements set forth in subsection (e)(1) of this section,if
all permits allocations have been used for the calendar year in question at the
time of the application for the building permit, building permits may
nevertheless be issued :for custom houses in such calendar year up to the
cumulative number of unused permit alYocations from the previous calendar
years. The scheduling provisions as set forth in this subsection shall apply only
to the construction of custom houses on individual lots wherein the lot owner has
no financial interest in any other lot in the project.
(4) Eligibility requirements for growth management phasing programs. A planned
community encompassing 400 plus acres and a minimum of 400 residential dwelling
units may provide for a separate growth management phasing program for the
issuance of building permits subject to the inclusion of the following elements within
the comprehensive development plan of the planned community:
CAy of San Juan Capistrano Land Use Code
9-2-31 November 15, 2002
Chapter 9.2 -Administration
(A) The identification of specific residential development areas and the segmented
allocation of building permits over a minimum four (4)year period; and _
(B) The identification of the public improvements,dedications,and construction
impacts necessary to implement the sequential development pattern identified
in subsection (d)(4)(B) of this section.
(5) Affordable Housing. All residential projects that:are consistent with the provisions of
Section 9-3.505 Affordable Housing Requirements of this title and provide
affordability agreements consistent with Section 9-3.505 Affordable Housing
Requirements are hereby exempt from the provisions of this section.The processing
of such affordable residential projects shall be subject to all other provisions of this title.
(e) Numerical limits
(1) Setting - Criteria. Each year, after considering the economic, environmental, and
other studies relevant to the growth management program, the Ciy Council shall
determine the maximum number of dwelling units to be issued building permits,
consistent with the purpose and intent of this section as set forth in subsection (a) of
this section. The numerical limits shall be set in accordance with the procedures set
forth in subsection(e)(2) of this section.The numerical limits shall be expressed as the
total number of dwelling units, for projects not exempted by subsection (d) of this
section,which may be permitted in a specified calendar year.The numerical limits shall
provide for residential growth with the land area of the City of not more than 400 —
units per year for nonexempt projects.
(2) Setting- Procedure. In January of each year,the Ciy Council shall adopt a resolution
setting the numerical limits for each of the three (3) subsequent calendar years. The
consideration and adoption of the numerical limits shall be done at a duly noticed
public hearing. The resolution shall set forth the factual findings supporting the
determination of the numerical limits.
The numericallimits adopted in January shall cover the succeeding three (3)years.For
example,in January of 2001,the numerical limits for 2002 and 2003 may be adjusted,
if necessary, and new numerical limits set for 2004. The Ciy Council may adjust the
numerical limits previously set for 2002 and 2003 if it determines by factual findings
that such adjustments are necessary to support the purpose set forth in subsection
(a) of this section. However, in no case shall the Ciy Council reduce previously set
numerical limits for a calendar year at a level lower than the total number of dwelling
units already allocated for construction in such calendar year. Thus, no previously
granted yearly dwelling unit allocation for a project may be reduced as a result of an
adjustment to the numerical limits for such year.
City of San Juan Capistrano Land Use Code
9-2-32 November 15, 2002 __
Chapter 9.2 -Administration
(3) Effect of growth due to annexations. The numerical limits are intended to place a
ceiling on the number of dwelling units which may be constructed each year within
the land area within the City.The numerical limits are not intended to include dwelling
unit allocations for residential growth on new land annexed to the City. Therefore,
such annexed projects shall be considered separately with respect to the growth
management requirements of this section. The following provisions shall apply to
projects for land annexed to the City:
(A) Annexed projects shall be allocated and phased separately from in-City
projects. Because of the time constraints of local and State annexation
requirements, the City Council may adopt a phasing schedule for such projects
proposed for annexation at any time during the calendar year.
(B) The combined total of yearly allocations granted to annexed and in-City
projects may exceed the 400 unit maximum imposed on growth due to in-City
projects. However, additional allocations (above the previously set numerical
limits)granted to annexed residential projects in any given calendar year shall not
exceed the number of acres in such projects.
(C) Projects to be annexed shall be subject to all development review and design
standards of the Land Use Code. Such projects shall undergo the preliminary
screening, environmental review, concept review, and point rating procedures set
forth in subsection (0 of this section prior to action by the City on such
- annexations.The results of the point rating process for any project eligible for
annexation shall be considered by the City Council prior to action on such
annexation.
(f) Residential developments: reviews
(1) Required. In addition to the provisions of the Land Use Code,the procedures set forth
in this section shall be used in processing residential development projects.
(2) Application review. Applications for growth management review may be filed with
the Department of Planning Services. The Planning Director shall prescribe the form
of application and the supporting information required to initiate the growth
management review. 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 depicted in Figure 2-11. If the
application is found to be incomplete, the Department of Planning Services will
notify the applicant in writing within thirty(3 0) days what additional information is
required,and the application will not be processed until that information is received
by the Department of Planning Services.
City of San Juan Capistrano Land Use Code
9-2-33 November 15, 2002
Chapter 9.2 -Administration
Project is exempt
pursuant to Section -
9-2.325
Application Submittal
Residential project
not exempt
Application submittal
requirements not met; Application reviewed for
returned for additional completeness by Department of
information Planning Services
1�
onmental
(A:dministrator(EA�
s preliminaryEA evaluates application for �— and point ratingcompliance with state roject.
environmental laws. The _
application will be circulated
for up to a 45-day review
period
Planning Commission:-
e
application,reviws EA's as
rating and assigns point rat
Hearing not required. Comm
recommend to the City•App:rove in Conce
•Deny
i
City Council considers application and
Planning Commission's recommendation APPROVE/
and point rating. Public Hearing not DENY
required. Council acts to:
•Approve in Concept
•Modify
•Deny AIL
* Projects shall be rated based on the specific and general
criteria of the project rating scale in Section 9-2.325(f)(3).
Figure 2-11
Process for Growth
Management Review
City of San Juan Capistrano Land Use Code
9-2-34 November 15, 2002
Chapter 9.2 -Administration
(3) Project reviews and point ratings. The Environmental Administrator, Planning
Commission, and City Council shall assign point ratings to projects based on the
criteria listed in subsections (A) and (B) of this subsection. The completed project
rating scale,including the maximum points allowed for each criterion shall be adopted
by the Ciy Council by resolution prior to March 1 of each year.
(A) Project luting Scale Criteria - Specific criteria
(i) The proximity of the nearest developed public park or other public
recreation facility (for example,junior high or high school);
(ii) The proximity of the nearest public:elementary school(measured from the
nearest boundary of the most distant lot (or dwelling unit if there are no
individual lots) in the project to the nearest boundary of the park or
school site.;
(iii) Whether the project site is located in attendance areas served by schools
designated as overcrowded;
(iv) Whether the project requires the extension of commuter or arterial
roads for access;
(v) Whether the project provides dual,access to development;
(vi) Variances requested to accommodate the project;
(vii) A General Plan amendment required to accommodate the project;and
(viii) The consumption of land designated for agricultural uses in the General
Plan (percentage of site area).
(B) General criteria
(i) Landform alteration, sensitivity of grading concepts, and ridge line
preservation;
(ii) The provision of open space, public and private;
(iii) The provision of private recreation facilities;
(iv) The overall quality of design (innovation, architectural quality, amenity,
and the like);
City of San Juan Capistrano Land Use Code
9-•2-35 November 15, 2002
Chapter 9.2 -Administration
(v) The unusual public benefits from the project (Examples include the
correction of unsafe condition., mitigation of existing adverse
environmental or aesthetic conditions,preservation of historic structures
or sites and the like.); and
(vi) The provision of low and moderate income housing which do not have
affordability agreements.
(4) City Council approval. Approval by the Ciy Council of development applications shall
not be construed that the project will receive yearly unit allocations upon the
adoption of the residential allocation schedule described in subsection (5)(B) of this
subsection. However, approval shall qualify a project to be considered for unit
allocations.
(5) Allocation of dwelling units
(A) Scheduling. The Ciy Council shall carry out competitive evaluation and unit
allocations for residential projects once each year. Such procedure shall be carried
out in February of each year. The initial meeting putting the evaluation and
allocation system into effect shall be held when deemed appropriate by the Ci y
Council, but in no case later than March 1 of each year. All competitive
evaluation/unit allocation meetings shall be noticed public hearings.
(B) Competitive evaluations and unit allocations
(i) Eligibility. Projects approved by the Gy Council prior to February 1 of
each year, shall be eligible for dwelling unit allocations. Prior to the Ciy
Council evaluation and allocation, the Planning Commission shall review
all projects and forward recommendations to the Ciy Council for the
allocation of dwelling units.
(ii) Ranking. After receiving the recommendations from the Planning
Commission,the City Council, during its annual evaluation, shall rank all
projects eligible for allocation in the order of their respective total point
ratings (the sum of the project ratinil scale specific and general criteria, --
plus the bonus points, if any).
(iii) Priorities for higher-ranked projects.The Ciy Council shall consider each -
applicant's desired build-out schedule in determining the dwelling unit
allocations. Higher-ranked projects shall take priority over lower-ranked
projects in receiving such consideration. The Ciy Council may grant
dwelling unit allocations to some or all eligible projects. However, in no
case shall a project be denied an allocation for a calendar-year when a
City of San Juan Capistrano Land Use Code
9-2-36 November 15, 2002
Chapter 9.2 -Administration
lower-rated project is granted an allocation for that year or for a previous
year.
(iv) Residential allocation schedule. The City Council shall annually adopt the
allocations given by means of a three (3) year residential allocation schedule
(See Table 2-2).
Table 2-2
Sample Residential Allocation Schedule
Previously Approved Projects
Building; Permits Issuable
Calender Year
2001 2002 2003
Tentative Tract 24 26 0
Tentative Tract 43 40 0
Tentative Tract 30 26 0
Tentative Tract 52 0 0
Subtotals (Old Projects) 149 92 0
New Projects to be Allocated
Tentative Tract 46 60 0
Tentative Tract 52 0 0
Tentative Tract 68 85 81
Subtotals (New Projects) 166 145 81
Totals (Old and New Projects) 315 237 81
Annual Numerical Limits
New Remaining Allocations (Annual Numerical Limit Minus Total)
Note: Numbers are shown for illustration purposes only.
Allocations granted in the residential allocation schedule adopted in February
of a given year shall cover that year and the succeeding three (3)years.
For example, the residential allocation schedule adopted in February 2001
shall cover 2001,2002,2003,and 2 004.The residential allocation schedule
shall be adopted by the City Council by resolution.
(v) Residential allocation schedule and numerical limits. The residential allocation
schedule shall show the running cumulative totals of the dwelling units
allocated for previously-approved projects for each year.The City Council
shall insure that allocations for new projects under consideration
City of San Juan Capistrano land Use Code
9-2-37 November 15, 2002
Chapter 9.2 -Administration
(including large-scale planned communities regulated by subsection (d)
of this section) do not result in a residential allocation schedule
cumulative dwelling unit total greater than the yearly numerical limits set
Dy the City Council by resolution as set forth in subsection (e) of this
section.Said residential allocation schedule cumulative dwelling unit total
shall include dwelling unit building permits allocated separately to large-
scale planned communities pursuant to the provisions of subsection (d)
of this section. If the numerical limits set for a given year have already been
filled by said residential allocation schedule cumulative allocations, new
allocations may be granted only for succeeding years whose numericallimits
have not been so filled.
(6) Final maps and building permits. Following tentative map approval and adoption
of the residential allocation schedule, the final reaps and building permits shall be
processed in accordance with the Land Use Code and other applicable regulations.
(7) Adjustments to the residential allocation schedule. The City Council may make
adjustments to the residential allocation schedule following its adoption as set forth in
subsection (5) of this subsection if the City Council determines that such adjustments
are necessary to serve the purpose of this section as set forth in subsection (a) of this
section.Considerations of adjustments to the residential allocation schedule shall be done
at a duly noticed public hearing and may include developer requests for
modifications of permit allocations,unused allocations(dwelling unit permits allocated
but not issued), and other factors bearing on the objectives of the growth
management program as set forth in subsection (a) of this section. After receiving
testimony and considering all other relevant information,the City Council may make `
any necessary adjustment to the residential allocation schedule. However,no residential
allocation schedule adjustment shall be made which has the effect of reducing or
eliminating any allocation previously granted to a project pursuant to the provisions 7_
of this section without the consent of the project sponsor.
(g) Administration
(1) Issuance of building permits. Except as otherwise provided in this section, no
building permit shall be issued for a residential dwelling unit unless:
(A) It is within a project exempted by this section;
(B) It is within a large-scale planned community subject to growth management
phasing in accordance with subsection (d) of this section; or
(C) It is provided for in a residential allocation schedule adopted by resolution by the
City Council pursuant to the provisions of subsection (f) of this section. _
City of San Juan Capistrano Land Use Code
9-2-38 November 15, 2002
Chapter 9.2 -Administration
(2) Extensions of time for tentative tracts. The City shall approve all aspects for tentative
tract time extensions if the City determines that such extensions are necessary to
implement the allocations previously granted to such tracts in an adopted residential
allocation schedule.
(h) Definitions
For the purposes of this section,unless otherwise apparent from the context,certain words
and phrases used in this section are defined as follows:
(1) General Criteria means certain aspects of residential projects associated with growth
management, relating primarily to project design, housing mix, and public benefit,
which are incorporated into a project rating scale (PRS). The PRS shall be used to give
point ratings to proposed residential developments for future competitive evaluations.
(2) Housing development means construction projects consisting of five (5) or more
residential units,including single-family,multifamily,andmobilehomes for sale or rent
pursuant to this chapter.
_ (3) Specific criteria means certain aspects of residential projects associated with growth
management, relating primarily to site location, circulation, and consistency with
City regulations,which are incorporated into a project rating scale(PRS).The PRS shall
be used to give point ratings to proposed residential developments for future
competitive evaluations.
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
of the City which, due to their historical or cultural significance or character, require
special consideration in the interest of the health, prosperity, safety, and welfare of the
people. The purpose of this section is to:
(1) Effect and accomplish the protection, enhancement, and perpetuation of structures,
sites, objects, and districts which represent or reflect elements of the City's cultural,
social, economic, political, and architectural Ltstory;
(2) Safeguard the City's historic and cultural heritage as embodied and reflected in such
landmarks and historic districts;
City of San Juan Capistrano Land Use Code
9-2-39 November 15, 2002
Chapter 9.2 -Administration
(3) Improve property values;
(4) Foster civic pride in the accomplishments of the past;
(5) Protect and enhance the City's attractions to residents, tourists, and visitors; and
(6) Promote the use of historic districts and landmarks for the education,pleasure,and
welfare of the people of the Cary.
(b) General requirements and procedures
It shall be unlawful for any person to demolish, remove, relocate or otherwise alter any
structure or site,including trees and other vegetation,listed individually or as part of a district
in the Inventory of Historical and Cultural Landmarks (IHCL) (as adopted by City Council
resolution)without obtaining prior City approval for such action.Applications for site plan
review for properties on the IHCL shall be filed with the Department of Planning Services.
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. If the
Department of Planning Services finds the application to be complete,then the application
shall be processed in accordance to the procedure depicted in Figure 2-12. If the
application is found to be incomplete,the Department of Planning Services will notify the
applicant in writingwithin 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.
Proposed alterations to historic structures and sites shall only be approved if the Cultural
Heritage Commission finds that they are consistent with the Secretary of the Interior's
Standards.Decisions of the Cultural Heritage Comm''ssion(CHC)on landmark alteration
applications may be appealed to the City Council in accordance with Section 9-2.311
Appeals.
(c) 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.
City of San Juan Capistrano Land Use Code
9-2-40 November 15, 2002
Chapter 9.2 -Administration
- •• • 'eport Submittal
Application submittal Application reviewed for
requirements not met; 4_ completeness,by Department of
returned for additional Planning Services
information
IF
Cultural Heritage Commission(CHC)
considers application and report Within 30 days
Commission acts to:
•Approve
•Conditionally Approve
•Deny
•Refer to other City Commissions for review
CHC refers application to
City Commissions for NO APPEAL
review
City Commissions
review application
APPEAL
See Figure 2-3 for description of
appeals process
Figure 2-12
Process for Site Plan Review
for Historical and Cultural
Landmark (IHCL)Properties
City of San Juan Capistrano Land Use Code
9-2-41 November IS, 2002
Chapter 9.2 -Administration
(d) 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 ofthis section.
Sec. 9-2.329 Lot Line Adjustments and Reversions to Acreage
(a) Lot line adjustments
Alot 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 existed is not thereby created, shall not reejjuire the processing of a subdivision
map. Applications for lot line adjustments shall be filed with the Department of Planning
Services. The Planning Director shall prescribe the form of application and the supporting
information required to initiate the lot line adjustment application review. 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
depicted in Figure 2-13,and in accordance with the Subdivision Map Act. If the application
is found to be incomplete,the Department of Planning Services will notify the applicant in —
writingwithin 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.
(b) Reversion to acreage or mergers
(1) Applications for reversions to acreage or mergers shall be reviewed and processed
in accordance with the requirements of the Subdivision Map Act.
(2) Upon a written application by the owner, the merger of contiguous parcels under
common ownership may be approved by the Ci y Council without the processing of
a subdivision map or reversion to acreage.Upon such approval,an instrument drawn
to the satisfaction of the Ciy Engineer shall be recorded evidencing such merger.
City of San Juan Capistrano Land Use Code
9-2-42 November 15, 2002
Chapter 9.2 -Administration
Pre-Application Meeting
Department of Planning
Application submittal Application submittal
— Services reviews application for pp
requirements not met; requirements met and
completeness and feasibility of the q
returned for additional ro osed adjustment
proposed adjustment p p j
information feasible
Planning Director considers application. Refer to the Planning
Public Meeting notice not required. Director Commission if general public
interest warrants the referral
acts to:
•Approve
•Conditionally Approve Planning Commission considers
•Deny application.Public Meeting notice
•Refer to Planning Commission required. Commission acts to:
•Approve
•Conditionally Approve
NO APPEAL •Deny
APPEAL
NO APPEAL
See Figure 2-3 for description of
appeals process
APPROVED/ APPROVED/
CONDMONALLY CONDITIONALLY
APPROVED APPROVED
Engineering Department
confirms accuracy of engineered Planning Director/City
Lot LLA map and required Engineer reviews Final Review
documentation. documents for approval and acts
to approve.
City Clerk transmits
final documents for
recording
Figure 2-13
Process for Lot Line
Adjustments (LLA
City of San Juan Capistrano Land Use Code
9-2-43 November 15, 2002
Chapter 9.2 -Administration
Sec. 9-2.331 Mobilehome Park Conversions, Closures, and Cessation of
Use
(a) Purpose and intent
The purpose and intent of this section is to require the person proposing to convert an
existing mobilehome park to another use, to close a mol,ilehome park, to cease using land as a —
mobilehome park,or to file a subdivision map application connected with a conversion of use
for a mobilehome park to file and distribute a report on the impact of such change and to
require measures to be undertaken to mitigate the adverse effects of the change of use upon
the residents of the mobilehome park who would be displaced by such change.
(b) Review process
The Planning Director shall prescribe the type and fonn of information required and shall —
ensure that it is of sufficient detail to allow adequate analysis of each proposal.
Applications for the proposed change of use, and/or closure of a mobilehome park shall be
processed in accordance to the procedure depicted in Figure 2-14. If the application is
found to be incomplete, the Department of Planning Services will notify the applicant in
writingwithin 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) Relocation impact report required/purpose
(1) Any person who f les an application with the City f:)r a General Plan amendment or for —
a rezoning of land type or density, or for approval of a tentative tract map,conditional
use permit, or any other application for the purpose of converting a mobilehome park
to a condominium, stock cooperative, or any other form of ownership wherein -
mobilehome spaces within the park are to be sold for residential use, or to change
to another use,close a mobilehome park,or cease to use land as a mobilehome park,shall
concurrentlyfile with the City a mobilehome relocation impact report that complies
with this section. The purpose of the report is to address the impact of the
conversion, closure, or cessation of use upon displaced residents of the mobilehome
park. No such application shall be considered or approved unless and until such
relocation impact report is filed and approved in accordance with this section.
City of San Juan Capistrano Land Use Code
9-2-44 November 15, 2002
Chapter 9.2 -Administration
A Relocation Impact Report is prepared and tenants have
been notified pursuant to Section 9-2.331{c)
Application
— Application submittal
requirements not met Application reviewed for
9 Application submittal
returned for additional completeness by Department of —� requirements met
information Planning Services
Application determined
to be incomplete; Project Coordinating Application determined
returned for additional Committee(PCC)reviews to be complete
information application for completeness and
identifies issues Within 30 days after receipt of a
completed application and Relocation
Impact Report,the Planning Director
schedules a public hearing
City and Applicant complete Environmental Administraitor(EA)
notification and informational evaluates project for compliance with state
meeting requirements pursuant environmental laws.The proposed project will
to Section 9-2.331(d) be circulated for up to a 45-day review period.
Forwarded to other
Forwarded to Planning
City Commissions for Commission if review by other
review if necessary
City Commissions not necessary
Other City
Commissions review `
the proposed project
Crzommendation
ng Commission considers the
ect application and forwards a city and Applicant
complete notification
with findings pursuant and informational
n 9-2.331(e)to the City Council.
meeting requirements
Public hearing is required. pursuant to Section
Section 9-2.331(d)
City Council considers application.
Public Hearing required. Council acts to: L. APPROVAL Applicant completes
*Approve
*Conditionally Approve requirements of Section
9-2.39-2.331(g).Deny
Figpure 2-14
Process for Approval for
Mobilehome Park Conversions,
Closures, and Cessation of Use
City of San Juan Capistrano Land Use Code
9-2-45 November 15,2002
Chapter 9.2 -Administration
(2) The City shall select a consultant to perform the relocation impact report within
ninety (90) days of a written request from the applicant. The applicant shall be _
noticed in writing of the estimated cost of the relocation impact report and shall
deposit that sum with the Planning Services Department prior to commencement
of any work on the relocation impact report. The City will then contract with a -
consultant for the preparation of the relocation impact report. Once an application
is filed, the residents of the mobilehome park shall be notified by the City that an
application has been filed and preparation of the relocation impact report will begin.
The relocation impact report shall contain,but need not be limited to,the following
information:
(A) A legal description of the property;
(B) A map and detailed description of the condition of the mobilehome park,
including the nature and location of structures, landscaping, easements, utilities
and other on-site features and amenities;
(C) The names and addresses of all mobilehome owners within the park(including
absentee mobilehome owners), as shown on the rental agreement for the
mobilehome park spaces, and the names and addresses of all mobilehome
tenants within the park as of the date of the application; _
(D) The age, including date of manufacture, of each mobilehome within the park,
including the type of mobilehome, width, size, and number identifying the --
mobilehome space being occupied;
(E) The number of spaces within the park, length of occupancy by the current —
occupant of each space, and the current lease rate for each space;
(F) The total number of mobilehome residents, broken down space by space,
identifying owner or renter occupancy,principal or second home occupancy,
occupants under sixteen (16) years of age, occupants sixty (60) years of age
and over, and the number of residents who are physically disabled, including
the chronically ill;
(G) A description of the proposed new use and all discretionary approvals necessary
therefore, if any;
(H) The proposed timetable for conversion,closure,or cessation of use of the land
as a mobilehome park and for obtaining other discretionary approvals for the
proposed use, if any;
(I) The location of all comparable mobilehome parks within a fifty (50) mile radius
City of San Juan Capistrano Land Use Code
9-2-46 November 15, 2002
Chapter 9.2 -Administration
from the city limits of the City of San Juan Capistrano, including the park
name,number of lots,number of vacancies,lease rates and terms,policies,and
restrictions on the type of mobilehomes and residents accepted, amenities
offered, and proximity to services (bus stops, grocery stores,hospitals, etc.);
Q) A determination based on the information provided in subsections (D), (E)
and (I) above of the total number of mobilehome units that are eligible to be
relocated to a comparable mobilehome park;
(K) The estimated cost of relocating the mobilehomes identified in subsection (J)
above to available lots in mobilehome parks within the study area. The cost of
relocating shall include the costs of physically moving the mobilehome and
movable improvements such as patios, carports and porches, to a new site (i.e.
dismantling,packing,moving,reassembling,rebuilding,including skirting and
tie-downs, and unpacking, as necessary;and packing, moving, and unpacking
all personal property);
(L) An estimate of the fair market value of each mobilehome and all associated fixed
property that cannot be relocated to a comparable mobilehome park. In
determining fair market value,the consultant shall consider the mobilehomes in
their current locations assuming the continuation of the mobilehome park in a
safe,sanitary,and well maintained condition with competitive lease rates. The
consultant shall specify the basis for a conclusion that any mobilehome cannot
be relocated to a mobilehome park and the basis for determining the value of the
mobilehome.
(M) The availability and cost of rental housing of comparable size and quality in the
City of San Juan Capistrano for each mobilehome park resident;
(N) A relocation plan which will include a timetable for physically relocating the
mobilehomes, or payment of relocation assistance;
(0) Proposed measures to adequately mitigate the adverse impacts of the
conversion upon each park resident based on subsection (0 of this section;
(P) A list of persons,firms, and organizations with proven expertise in the fields of
housing and relocation of persons displaced from housing. This list shall
include the names,addresses,telephone numbers,and fee schedules of persons
who are qualified as mobilehome movers and appraisers of mobilehomes. The
information shall include an explanation of the services which the housing
specialists can provide; and
(Q) Any other information which the Planning Services Department determines
City of San Juan Capistrano Land Use Code
9-2-47 November 15, 2002
Chapter 9.2 -Administration
is necessary to address the specific issues raised by the application or the
impact study and any other information that may be necessary to implement
provisions of this section.
(d) Notice, distribution, and informational meeting
(1) At least thirty (30) days prior to a hearing by the Planning Commission on the
applications(s) pursuant to subsection (b) of this section, the Planning Department
shall inform the applicant in writing of the provisions of Section 798.56 of the Civil
Code and all applicable local requirements which impose upon the applicant a duty
to notify residents and mobilehome owners in the mobilehome park of the proposed
change in use.
(2) Not less than thirty (30) days prior to a scheduled hearing before the Planning
Commission, the park owner shall transmit to the owner or occupant of each
mobilehome occupying a site within the mobilehome park and to all of the persons
described in subsection (c)(2)(C) of this section, a copy of the relocation impact
report,a copy of this Section,and notices of the dates,times,and places of the public
hearings and the informational meetings to be held pursuant to subsection (3)
below. The copies provided shall be free of charge. Proof of service by mail or
personal service of distribution of the impact report to each resident must be filed
by the applicant with the Planning Director two (2) days prior to the hearing and the
proof of service shall be signed under penalty of perjury.
(3) Not later than fourteen (14) days prior to the ;scheduled public hearing before the
Planning Commission, the park owner shall conduct not less than one (1)
informational meeting for the residents of the mobilehome park regarding the status
of the application for change of use and/or closure, the timing of the proposed
relocation of residents, and the nature of the relocation benefits the park owner
proposes to make available to be considered by the Planning Commission and City
Council as set forth in subsection (0 of this section. The meeting shall be conducted
on the premises of the mobilehome park or other suitable location as determined by the
City. The housing specialist(s) designated in the relocation impact report shall be
present at such meeting. Not less than five (5) days prior to the scheduled public
hearing before the Planning Commission, the applicant shall file with the Planning -
Director a statement made under penalty of perjury that the applicant has complied
with the requirements of this subsection. Such statement shall state the date, time,
and place where such meeting or meetings were conducted.
(e) Findings
The Planning Commission and City Council, in considering whether to approve,
conditionally approve, or deny the application and report, shall adopt written findings as
City of San Juan Capistrano Land Use Code
9-2-48 November 15, 2002
Chapter 9.2 -Administration
to whether the project mitigation measures will adequately mitigate impacts on residents.
- The following factors shall be considered in making the above-state findings:
(1) Whether there will exist, at the time of conversion, closure, or cessation of use,
available mobilehome lots within a fifty(50) mile radius from the City to accommodate
the mobilehomes to be displaced;
(2) Whether the age,type,condition,and style of mobilehomes within the park proposed
for conversion, closure, or cessation of use are such that the mobilehomes are able to
-- be moved and accepted into other parks within a fifty(50)mile radius from the City;
(3) Whether the resident cannot relocate to a comparable mobilehome park within a fifty
(50) mile radius from the City and justification for that conclusion;
(4) Whether there is evidence that the applicant or mobilehome park owner(s) have
attempted to evict or otherwise cause the removal of residents for the purpose of
avoiding or reducing payment of relocation assistance;
(5) Whether repots and notices required by lave have been properly prepared and
properly served;
(6) If the proposed conversion is to another residential use,whether the residents of the
mobilehome park will have an opportunity to purchase, if for sale, or rent the new
units,and whether the construction schedule will result in unreasonable long-term
displacements;
(7) Whether the relocation assistance benefits to 'be provided adequately mitigate any
adverse impacts to the residents based on subsection (f) of this section;
(8) Based upon the mitigation measures imposed, if any, whether the proposed
conversion is consistent with the goals, policies, and objectives of the City's General
Plan, any applicable Specific Plans, and/or zoning ordinances; and
(9) Based upon the mitigation measures imposed, if any, whether the proposed
conversion will be detrimental to the public heath, safety, and general welfare.
(f� Relocation assistance
In approving a relocation impact report/application, the City may attach reasonable
conditions in order to adequately mitigate any adverse impacts associated with the
conversion, closure, or cessation of use. Conditions of approval may include,but are not
limited to, the following matters:
City of San Juan Capistrano Land Use Code
9-2-49 November IS, 2002
Chapter 9.2 -Administration
(1) Payment of relocation assistance to each resident who resided in the park at the time
of, or subsequent to,the filing of the relocation impact report and who was actually
displaced as a result of an approved relocation plan.
(2) Payment of the cost of relocating the mobilehomes identified in subsection (C)(2)0)
above to available lots in mobilehome parks within the study area. The cost of
relocating shall include the costs of physically moving the mobilehome and movable
improvements such as patios, carports, and porches, to a new site (i.e. dismantling,
packing, moving, reassembling, rebuilding, including skirting and tiedowns, and
unpacking,as necessary;and packing,moving,and unpacking all personal property).
(3) Payment of a lump sum to compensate for payment of the first and last month's rent
and any security deposit at the new mobilehome park.
(4) Payment of a lump sum to compensate for any differential between rental rates at
the closing mobilehome park and the new mobileliome park during the first year of the
new tenancy.
(5) For residents, the costs may include all reasonable expenses incurred in moving to
a new location of their choice, up to a maximum distance of fifty (50) miles.
(6) For homeowners who are unable to reasonably relocate their mobilehome, payment
of fair market value for their mobilehome based on information contained in the
approved relocation impact report.
(7) If the park is to be converted to another residential use, setting aside a certain
number of affordable units for the residents of the park, either on-site or off-site
within the City limits, pursuant to the provisions of Section 9-3.505 Affordable
Housing Requirements;or providing payment of housing in-lieu fees pursuant to the
provisions of Section 9-5.103 Housing In-Lien Fee.
(8) In order to facilitate a proposed conversion., closure, or cessation of use of a
mobilehome park, the residents and applicant may agree to mutually satisfactory
conditions. Such an agreement shall be in writing, shall include a provision stating
that the resident is aware of the provisions of this section,shall include a copy of this
section as an attachment, shall :include a provision in at least 12-point type which
clearly informs the resident of the right to seek advice of an attorney prior to signing _
the agreement with regard to the resident's rights under such agreement, and shall
be drafted in the form and content otherwise required by applicable State law.
City of San Juan Capistrano Land Use Code -
9-2-50 November 15, 2002
Chapter 9.2 -Administration
When processed in conjunction with a change of use,the applicant may be required to enter
into an agreement with the City to implement the terms of the approval of the closure plan.
(g) Obligation of applicant
(1) After the date of approval of the relocation; impact report, the applicant shall
undertake, or be responsible for performance, of the follomn8 obligations:
(A) Not later than thirty (30) days from such approval, the housing specialist(s)
shall make personal contact with each :resident of the mobilehome park and
commence consultations to determine the proper relocation assistance to be
provided. The housing specialist(s) shall give each resident eligible to receive
relocation assistance written notice of his or her relocation assistance.
(B) Not later than four(4)months from the elate of such determination,residents
who are entitled to make selections between alternative benefits shall make
such selection in writing. Such selection shall be submitted to the applicant on
a form provided by the housing specialist.
(C) Not less than thirty-five (3 5)days prior to the date any resident is required to
vacate the mobilehome park, any such cash or monetary relocation assistance
shall be paid to such resident.
(D) The date upon which any resident of the mobilehome park is required to vacate
such park, or upon which the owner of any mobilehome is required to be
removed from the mobilehome park shall be not less than six (6) months from
the date of notice of termination of tenancy and not less than thirty-five (3 5)
days from payment of any relocation benefits.
(E) If the applicant specifically requests that any of the time limitations required by
this subsection be modified,the City Council shall consider any such modification
and evidence relating to the request at the hearing on the relocation impact
report. The City Council shall have the power to make such modifications in
such time limits.
(F) The relocation impact report shall expire one (1) year from the date of its
approval unless twenty-five (25) percent or more of the homeowners or
tenants receive relocation assistance in accordance with this section, or the
applicant requests an extension setting forth justification for not having
proceeded within the one-year period. No more than two(2)such extensions
may be granted by the Ciy Council. A request for an extension must be filed no
less than forty-five (45) days prior to the expiration of the relocation impact
report. A public hearing shall be held on request.
City of San Juan Capistrano Land Use Code
9-2-51 November 15, 2002
Chapter 9.2 -Administration
(2) If relocation assistance has not been provided to all eligible homeowners and tenants
in accordance with this section within three (3)years of the original date of approval,
a new study shall be prepared in accordance with this section.
(3) Each year on the anniversary date of the approval of the original relocation impact -
report, the relocation provided for by the City Council shall be increased by an
amount equivalent to the cost--of-living index for the Los Angeles/Riverside/Orange
County area published by the U.S. Department of Labor. The increase shall be
determined by taking the average CPI for the quarterly period closest to the
anniversary date of approval. _.
(4) No building permit shall be issued for development unless and until the applicant files
a statement with the Planning Director, made under the penalty of perjury, that -
relocation assistance payments pursuant to this section have been paid.
(h) Notice to new residents
When an application for a change of use and/or closure of a mobilehome park has been filed
with the Planning Services Department,the park owner shall advise each prospective new
resident who proposes to occupy a mobilehome within such park after the filing of such
application,in writing,prior to the execution of a rental agreement or commencement of
such occupancy,whichever occurs first, that such application has been filed.
(i) Administration fee
The City Council may establish by resolution reasonable fees to cover any costs incurred by
the City in implementing this section. Such fees shall be paid by the park owner or applicant
subject to the provisions of this section, in accordance with the limitations of Section
65863.7(g) of the Government Code.
(j) Bankruptcy exemption
The provisions of this section shall not apply if it is determined that the closure of a
mobilehome park or cessation of use of the land as a mobilehome park results from an
adjudication of bankruptcy. The applicant shall have the burden to produce substantial
evidence that a court of competent: jurisdiction has determined in connection with a
proceeding in bankruptcy that the closure or cessation of use of the affected park as a
mobilehome park is necessary. The documentation shall include the title,case number,and
court in which the bankruptcy proceedings were held,and certified copies of all pertinent
judgements, orders, and decrees of the court.
City of San Juan Capistrano Land Use Code
9-2-52 November 15, 2002
Chapter 9.2 -Administration
(k) Definitions
For the purpose of this section,unless otherwise apparent from the context,certain words
and phrases used in this section are defined as follows:
(1) Affordable unit. A "for sale" unit that is sold to and occupied by a low income
household as determined by HUD. Affordable unit shall also mean a rental unit for
which the monthly payment does not exceed thirty(3 0)percent of the household's
gross income.
(2) Applicant. The person(s), firm(s), entity(ies), or corporation(s) applying for any
application for the purpose of converting,changing to another use,closing,or ceasingn
to use land as a mobilehome park. If the ower of the controlling interest in a
mobilehome park is not the applicant, then the applicant must provide evidence of the
controlling owner's consent to the filing of the application.
(3) Approving body. The Planning Commission's decision is advisory to the City Council
whose decision shall be final.
(4) Cessation of use of land as a mobilehome park. A decision by the owners) of a
mobilehome park to discontinue the use of property as a mobilehome park which is not
an adjudication of bankruptcy.
(5) Closure of a mobilehome park. When less than seventy-five(7 5)percent of the total
spaces in the mobilehome park are leased by qualified homeowners(as defined in Civil
Code Section 798 et seq.). In the event that less than seventy-five (75) percent of
the total spaces in the mobilehome park are leased through no fault or action of the
applicant and/or mobilehome park owner, at the request of the applicant or
mobilehome park owner and upon finding of good cause, the City Council may take
a discretionary action to determine that a park having less than seventy-five (75)
percent of the total spaces leased does not constitute a closure.
(6) Conversion of a mobilehome park. The term "change of use" is synonymous with
"conversion" and is defined as any change which results in elimination of any
mobilehome lot, including, but not limited to, the-conversion of any long-term lots to
short-term lots or the removal of a lot for lease to a resident. A long-term lot is
converted to a short-term lot if, subsequent to the adoption of this section, any
habitable structure not meeting the definition of a"mobilehome"is moved onto the lot.
Elimination of a mobilehome lot shall occur when the mobilehome lot ceases being
rented, leased, or otherwise occupied by an owner of a mobilehome (that is not
associated with the park owner). However, the following shall not constitute a
conversion of a mobilehome park:
City of San Juan Capistrano Land Use Code
9-2-53 November 15, 2002
Chapter 9.2 -Administration
(A) During any one-year period subsequent to the adoption of this section,no more
than one (1)vacant lot may be converted.to other uses, provided all necessary
governmental approvals, including an amendment to any use permit or zoning
is obtained from the City. Upon application of a mobilehome park owner, the
City Council may, in its absolute discretion and upon finding of good cause,
determine that a conversion of a mobilehome park is not occurring
notwithstanding that more than one (1) vacant lot is converted to other uses.
(B) A change in ownership to a limited equity,cooperative,non-profit corporation
or condominium, provided fifty-one (5 1) percent of the resident occupants -
participated in the purchase of the mobilehome park and all other residents
residing in the mobilehome park are offered lifetime leases.
(7) Fair market value. Fair market value shall be established through the use of an
appraisal approach wherein a number of relevant factors, including,but not limited _
to, the price of comparable mobilehomes of similar size, proximity, and condition if
sold on the open market without constraints imposed on the sales price,rental rate,
or buyer qualifications. Fair market value is furiher governed by subsection(c)(2)(I)
of this section.
(8) Impact report. A report required by California Government Code Sections 65 863.7
and 66427.4 and containing the information se t forth in subsection(c)of this section.
(9) Homeowner. The owner(s) of the mobilehome.
(10) Long-term lot.Any mobilehome lot which has been occupied by the same mobilehome
for at least nine (9) of the twelve (12) months prior to the adoption of this section.
(11) Resident. A homeowner or tenant.
(12) Tenant. A person who occupies a mobilehome within a mobilehome park pursuant to a
bona fide lease or rental agreement and who, during his or her tenancy, is not the
owner or member of the immediate household of the owner of the mobilehome park.
City of San Juan Capistrano Land Use Code
9-2-54 November 15, 2002
Chapter 9.2 -Administration
Sec. 9-2.333 Pre-zoning Prior to Annexation Procedures
(a) Introduction
The City,by ordinance,may pre-zone certain contiguous areas outside the City which,in the
opinion of the Council,bear relationship to the General Plan and sphere of influence.When
pre-zoning maps of properties outside the incorporated area have been adopted by
ordinance, any such territory, upon becoming a part of the City, shall possess the
classification indicated on the detailed pre-zoning map. Such pre-zoning maps shall then
become a part of the Oficial Zoning Map of the City, and the subject properties shall
thereafter be subject to all the provisions of Chapters 1 through 5 of this title.
(b) Decisionmalang authority
The City Council may amend the Official Zoning Map to pre-zone certain contiguous areas
outside the City which, in the opinion of the City Council bear relationship to the General
Plan and sphere of influence, prior to annexation by adoption of an amending ordinance
in accordance with the procedures set forth in this section.
(c) Initiation of application
Consideration of pre-zoning certain contiguous areas outside the City prior to annexation,
may be initiated for a given parcel by the City Council or by the record owner of that parcel
or the owner's authorized agent.
Applications for pre-zoning may be filed with the Department of Planning Services. 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 pre--coning application review. 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 subsection(d). 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.
Pre-zoning applications shall be considered only if found consistent with the City's General
Plan in accordance with Article 1 General Plan Review and Consistency of Chapter 2 and
Table 2-1 Zoning Consistency Matrix.
City of San Juan Capistrano Land Use Code
9-2-55 November 15, 2002
Chapter 9.2 -Administration
(d) Development review process
Pre-zoning applications shall be processed in accordance to the procedure depicted in
Figure 2-15.
Sec. 9-2.335 Public Hearing Procedures
(a) Introduction
Whenever a public hearing is required by provisions of this Title 9, the procedures set
forth in this section shall be followed.
(b) 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.
(c) Mailing
Notice containing the information specified in subsection (b) of this section shall also 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 as well as that provided in subsection (d)following.
(d) 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.
In addition, 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 other owners of real property, as shown on the last
equalized assessment roll,within 500 feet of the boundaries of said parcel(s).
City of San Juan Capistrano Land Use Code
9-2.-56 November 15, 2002
Chapter 9.2 -Administration
Pre-Application Meeting by property owner for Petition to the City Council to initiate
City Council
Pre-zoning a Pre-zoning decides to initiate
Pre-zoning
application
property
1 .
Application submittal
requirements not met; Application reviewed for Application submittal
returned for additional completeness b Department of
information P y P requirements met
--- Planning Services
Application determined
to be incomplete; Project Coordinating
returned for additional Committee(PCC)reviews Application determined
information application for completeness and to be complete
identifies issues
Forwarded to other
Other City City Commissions for Environmental Administrator
Commissions review review if necessary (EA)evaluates project for
the proposed project
4 compliance with state
environmental laws. The proposed
project will.be circulated for up to a
45-day review period.
Forwarded to Planning
Additional review Commission if review by other
needed. Planning City Commissions not necessary
Commission has 30
days to respond.
T P=City
sion considers the
and forwards a
the City Council.is required.
City Council considers application.
Public Hearing required. Council acts to:
'Approve
•Conditionally Approve
•Deny
Figure 2-15
Process for Pre-Zoning
Prior to Annexation
City of San Juan Capistrano Land Use Code
9-2-57 November 15, 2002
Chapter 9.2 -Administration
(e) Alternative publication
In the event that the number of owners to whom notice would be sent pursuant to
subsection (c) of this section is greater than 1,000, the City may instead provide notice at
least ten (10) calendar days before the public hearing by placing a display advertisement
of at least one eighth (1/8) page in a local newspaper.
(f) Additional notification
In addition to the preceding methods, the City may give notice of a public hearing by such
other methods as it may deem necessary,such as the posting of notices on or near property
affected by the subject application or expanding the area of notification beyond the 300
feet from the project boundaries to include those areas that may be affected by a
development application.
(g) Conduct of public hearing
Prior to action on the application,the decisionmakin.g body shall hold the public hearing
and take testimony in accordance with procedures adopted by said body. The
decisionmaking authority may continue a public hearing to a subsequent meeting provided
action on the application is taken within the time periods specified in Chapter 4 _
Subdivision/Improvement Standards of this title. If a duly-noticed public hearing is
continued from one public meeting to a specific subsequent public meeting,no additional
public notice shall be required.
Sec. 9-2.337 Public Improvement Plans and Outside Agency
Development Review
(a) Preliminary review
All capital improvement plans and other outside public agencies and utilities which by law are
required to submit project plans and reports for City review shall be subject to the
development review process outlined in this section.
(b) Review procedure
Upon receipt of project plans and reports, review of the projects will be processed in
accordance to the procedure depicted in Figure 2-1(S.
City of San Juan Capistrano Land Use Code
9-2-58 November 15, 2002
Chapter 9.2 -Administration
Project is a minor • • • 1
City CIP project -
Project is not a
minor CIP project
Environmental Administrator(EA)
evaluates project for compliance:with state
Additional environmental laws and pmpares
information appropriate environmental documentation
needed for City-initiated projects. The
documentation will be circulates.for up to a
45-day review period.
Planning Commission considers the
project application and forwards a
recommendation to the City Council. City Commissions
Public Meeting notice required review the proposed
depending on project. Once items is project
placed on the agenda,the Commission
has 30 days to act.
City CounDaacs application.
Public Me requiredFor City projects depending oouncil acts to:•Conprove
For outside
agency projects
City Engineer reviews all proposed plans
for construction or modification to public Al
improvements.Engineer acts to:
*Approve*
°Conditionally Approve*
•Deny
City Council approves bids
)
and specifications,and awards
r contract
* No plans shall be approved by the City
Engineer unless it is determined that:
1• •
(l ) The plans are in conformance with all Figure 2-16
applicable design requirements of this Title 9
and other applicable regulations;and Process for Review of Public
(2) All discretionary approvals required by this
Title 9 for such improvements have been given Improvement Plans and
and the improvement plans are in conformance
with said approvals. Outside Agency Development
City of San Juan Capistrano Land Use Code
9-2-59 November 15, 2002
Chapter 9.2 -Administration
(c) Exceptions
Exceptions to the procedural requirements of this section may be granted by the
Environmental Administrator based on a finding that a proposed project meets the capital
improvement project criteria adopted by City Council Policy.
`Sec. 9-2.339 Public Meeting Procedures
(a) Introduction --
Whenever a public meeting is required by provisions of this Title 9, the procedures set
forth in this section shall be followed. —
(b) 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 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. -
(c) Mailing
Notice containing the information specified in subsection (b) of this section shall also be
given by mail or delivered to the applicant,adjacent parties,and any other person who hasfiled
a written request with the City for such notice.
(d) Conduct of public meeting
Prior to action on the application,the decisionmaking body shall hold the public meeting
and take testimony in accordance with procedures adopted by said body. If a duly-noticed
public meeting is continued from one public meeting to a specific subsequent public
meeting, no additional public notice shall be required.
Sec. 9-2.341 Sand, Gravel, and Mineral Extraction Permit
All uses pertaining to the mining,quarrying,or commercial extraction of sand,gravel,rock,aggregate,
clay, or similar materials on private property in the City shall require a conditional use permit,
pursuant to Section 9-2.317 Conditional Use Permit of this title. Operational permits
associated with the mining,quarrying,or commercial extraction of sand,gravel,rock,aggregate,clay,
City of San Juan Capistrano Land Use Code
9-2-60 November 15, 2002
Chapter 9.2 -Administration
or similar materials on private property in the City are described in Section 9-3.5 39 Sand,Gravel,
and Mineral Extraction of this title.
Sec. 9-2.343 Sign Permit Review
(a) Introduction
The purpose and intent of sign regulations in the City are set forth in Section 9-3.543
Signs.Asign permit shall be required for all signs not specifically exempt in Section 9-3.543
Signs prior to the placing, erecting, moving, reconstructing, altering, or displaying of any
sign, including painted wall signs,within the City.
(b) Decisionmaking authority
The Planning Director shall review those sign permit applications which are not part of an
overall development project for which the City Council, Planning Commission, or other body
has decisionmaking authority. In the latter case, the project decisionmaking body shall
review the sign program for the project. In addition., in cases where the Planning Director
determines that a sign is proposed in an unusually :prominent location or may have an
unusual visual impact on surrounding areas, the Planning Director may refer such sign
application to the Planning Commission for review and action.
(c) Review of sign application
Applications for sign review may be filed with the Department of Planning Services. 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.
If the Department of Planning Services finds the application to be complete, then the
application shall be processed in accordance to the procedure depicted in Figure 2-17.
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) Findings required for approval
No sign application shall be approved unless and until the following findings are made:
(1) The proposed sign(s) is consistent with the design criteria of Section 9-3.543 Signs.
- City of San Juan Capistrano Land Use Code
9-2-61 November 15, 2002
Chapter 9.2 -Administration
Pre-application Meeting _
Proposed sign
exempt from review
pursuant to Section
9-3.543 IF
Application
A A—
Sign permit Sign permit
Refer to figure that application part of application not part Application determined
corresponds to overall an overall of an overzdl to be incomplete.
development project development project development project returned for additional
process nor exempt information
Application reviewed for
completeness by Department of
Planning Services
Additional
Planning Director considers application.Public information
Meeting notice not required. Within 10 days, I---T needed
Director acts to:
•Approve
•Conditionally Approve
•Deny --
• NO APPEAL
Refer to Planning Commission
Specified signs and signs
proposed in an unusually
prominent location or have
unusual visual impact IF
Planning Commission considers application.
Public Meeting notice required. Commission acts
to: APPEAL
•Approve
•Conditionally Approve
•Deny
NO APPEAL IF
See Figure 2-3 for description of
appeals process
Figure 2-17
Process for Sign
Permit Review
City of San Juan Capistrano Land Use Code
9-2-62 November 15, 2002
Chapter 9.2 -Administration
(2) The proposed sign(s)conforms to all numerical size,height,and other requirements
of Section 9-3.543 Signs.
(e) 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.
Sec. 9-2.345 Subdivision Approval
(a) Maps required
City approval of subdivision maps shall be required for the division of any improved or
unimproved land,or any portion thereof,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, except for: (1) leases of agricultural land for agricultural purposes;
or (2)leases, adjustments, and other items to which the Subdivision Map Act (Government
Code § 66410 et seq.) specifically designates itself as "inapplicable." Property shall be
considered as contiguous units, even if it is separated by roads,streets, utility easements, or
railroad rights-of-way.
The term "subdivision" shall include a condominium project, as defined in Section 1350
of the Civil Code of the State,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 said Business and Professions
Code.As used in this section, "agricultural purposes"shall mean the cultivation of food or
fiber or the grazing or pasturing of livestock.
(b) Parcel map subdivisions
All requirements set forth in this section for tentative and final maps shall apply equally to
the review and processing of tentative parcel maps and parcel maps (subdivisions creating four
(4) or fewer parcels).
(c) Preparation and filing
Tentative maps shall be prepared in accordance with the provisions of Article 1 Tentative
Tract Maps and Tentative Parcel Maps of Chapter 4 of this title and may be fled with the
Planning Director by a record owner or owners of property or their authorized agents. In
addition, a written application for a subdivision shall be submitted to the Planning Director,
who shall prescribe the form of application and the supporting information required to
City of San Juan Capistrano Land Use Code
9-2-63 November 15, 2002
Chapter 9.2 -Administration
initiate both environmental review (pursuant to Article 2 General Plan Review and
Consistency of Chapter 2 of this title)and the tentative map application review. It shall be
the obligation of the applicant to file all information .and fees necessary for the acceptance
of the application as complete.No tentative map shall be considered as filed until accepted
as complete by the Planning Director.
(d) Review Procedure
Tentative map applications shall be processed in accordance to the procedure depicted in
Figure 2-18.
(e) Modifications to tentative maps
Modifications to a submitted tentative map may be made by the applicant during the review
and hearing process. A tentative map modified prior to or during review by the Planning
Commission need not be readvertised for a public hearing. However,if a tentative map is
substantially modified by the applicant after the completion of the review by the Planning
Commission,the City Council shall not take final action on such map without first receiving
a new report from the Planning Commission. Such cases of substantial modification shall
be deemed as a resubmittal of the tentative map ,application for the purposes of the
mandatory review periods set forth in subsection (d) of this section, that is, such review
periods shall begin again as if the tentative map were a new submittal. However,a shorter
review period may be utilized upon mutual agreement between the applicant and the
reviewing body.
In addition, a tentative map substantially modified by the applicant after final approval by
the City Council shall also require the preparation of a new report by the Planning
Commission, followed by reconsideration of the modified map by the Council. The
determination as to whether a tentative map has been "substantially modified" shall be
made by the Planning Director.
(f) Findings
(1) Approval. To approve a tentative map, the approving body shall make the following
findings: -
(A) That the proposed map is consistent with the applicable General and Spec f c
Plans;
(B) That the design or improvement of the proposed subdivision is consistent with the
applicable General and Specific Plans;
City of San Juan Capistrano Land Use Code
9-2-64 November 15, 2002
Chapter 9.2 -Administration
Pre-Application Meeting
Application submittal
requirements not met; Application reviewed for Application submittal
returned for additional completeness by Department of requirements met
information Planning Services
Project Coordinating
Application determined Committee(PCC)reviews
to be incomplete; application for completeness and Application determined
returned for additional identifies issues to be complete
information
Environmental Administrator
(EA)evaluates application for
Forwarded to other compliance with state
City Commissions for environmental laws. The
application will be circulated for u
Other City review if necessary� _ PP P
Commissions review to a 45-day review period.
- the proposed project Forwarded to Planning Commission
if review by other City Commissions
not necessary
Planning Commission considers the
project application and forwards a
�—' Project recommendation to the City Council
substantially within 50 days of receipt of the
City Council considers application modified completed application or substantial
-- within 30 days of receipt of application modification.* Public hearinrequired
from Planning Commission.* Public
Hearing required. Council acts to:
•Approve
•Conditionally Approve
•Deny --�
F Decision
Final
Figure 2-18
* The review period may be extended if there is Process for Tentative Parcel
mutual agreement between the decisionmaking Map (TPM), Tentative Tract
body and applicant,or if othenvise provided for in
the Subdivision Map Act. Map (TTM), and
Condominium Conversion
City of San Juan Capistrano Land Use Code
9-2-65 November 15, 2002
Chapter 9.2 -Administration
(C) That the site is physically suitable for the type of development;
(D) That the site is physically suitable for the proposed density of development;
(E) That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injure
fish or wildlife or their habitat;
(F) That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems;
(G) That the design of the subdivision or thetype of improvements will not conflict
with easements acquired by the public at large for access through, or the use of,
propertywithin the proposed subdivision.In this connection,the tentative map
may be approved if alternate easements for access or for use will be substantially
equivalent to easements previously acquired by the public.The provisions of this
subsection shall apply only to easements of record or to easements established by
judgment of a competent jurisdiction and shall not be construed that the
public at large has acquired easements for access through,or the use of,property
within the proposed subdivision; and
(H) That the design or improvements of the proposed subdivision will not interfere
with the maintenance or preservation of an historical site.
(2) Denial. A tentative map will be denied if any of the above findings required for
approval are not made.
(g) Imposition of conditions
In approving a tentative map, the approving body shall impose whatever conditions it
deems necessary in order to provide for the compatibility of the proposed subdivision with
the existing and proposed land uses; for consistency with the goals, policies, and objectives
of the General Plan; and to otherwise ensure compliance with the provisions of Chapters
3 and 4 of this title and of the Subdivision Map Act.
(h) Map expiration
A tentative map shall expire t,venty-four (24) months after its approval or conditional
approval.The expiration of the tentative map shall terminate all proceedings,and no final
map of all or any portion of the real property included within such tentative map shall be --
filed without first processing a new tentative map. However, once a timely filing of a final
map is made pursuant to Section 66457 of said Subdivision Map Act, subsequent actions by
the City, including,but not limited to,processing, approving,and recording,may lawfully
City of San Juan Capistrano Land Use Code _
9-2-66 November 15, 2002
Chapter 9.2 -Administration
occur after the date of expiration of the tentative map.
(i) Map extensions
Upon a written application by the subdivider,filed prior to the expiration of a tentative
map, the time at which such map expires may be extended by the City Council. No action
on such an extension shall be taken, however, until a new public hearing is held in the
same manner as specified in subsection (d) of this section. Such extension or extensions
shall not exceed a total of sixty (60) months from date of initial approval.
(j) Final maps
- Final maps shall be recorded witl-i the County Recorder after their processing and
certification in accordance with the provisions of Article 2 Final Maps and Parcel Maps of
Chapter 4 of this title.
(k) Condominium conversions
Subdivision maps providing for the conversion of property to condominiums, community
apartments,stock cooperatives,or other types of individual ownership arrangements shall
be processed in accordance with the procedure depicted in Figure 2-18 and with any
additional requirements set forth in said Subdivision Alap Act.
(1) Annexations
Tentative maps may also be submitted for land located within territory adjacent to the City.
The approval of such a tentative map shall be conditioned upon the annexation of the
property to the City within a time specified.
(m) Waivers of subdivision maps
_ The requirement for the processing of a parcel map for the subdivision of a property into four
(4) or fewer parcels, or for the processing of a tentative and final map for the construction
of a condominium project on a single parcel, may be waived by the City Council if it makes
both of the following findings:
(1) That the project is otherwise subject to the development review requirements and
conditions of this Chapter 2 Administration; and
(2) That the subject project complies with all the requirements of the Subdivision Map Act
and this title regarding, but not limited to, area,improvement and design, floodwater
drainage control,public road improvements, sanitary disposal facilities,water supply
availability, environmental protection, and park land requirements.
City of San Juan Capistrano Land Use Code
9-2-67 November 15, 2002
Chapter 9.2 -Administration
(n) Dedications and reservations
Dedications and reservations for public streets, parks, and other uses shall be imposed in
accordance with Chapter 4 Subdivision/Improvement Standards of this title and the
Subdivision Map Act. ---
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. Application forms and required -
application information for the establishment of temporary uses shall be as prescribed by the
Planning Director.
(b) Decisionmalang authority
The Planning Director shall have the following authority:
(1) The Planning Director shall have the authority to approve, approve subject to
conditions, or deny application for the establishment of temporary uses.
(2) In cases where the Planning Director determines that the temporary use may have
unusual impacts on surrounding properties, the Planning Director may refer the
application to the Planning Commission or Cite Council for action.
(3) Decisions of the Planning Director or the Planning Commission regarding temporary uses
may be appealed to the City Council in accordance with Section 9-2.311 Appeals.
(4) The Planning Director may classify uses and structures not specified by Section 9-3.553
Temporary Lases and Structures as temporary uses based upon findings that such uses
will not exceed one year, will be compatible with the adjoining properties, will be
consistent with the General Plan and are inherently temporary without the potential
to become permanent.
(5) The Planning Director may administratively approve one six (6) month extension of
a previously approved temporary use permit subject to the criteria established by
subsection (e) of the section.
City of San Juan Capistrano Land Use Code
9-2-68 November 15, 2002
Chapter 9.2 -Administration
(c) Review procedure
Applications for temporary use permits may be filed with the Department of Planning Services.
The Planning Director shall prescribe the form of application and the supporting information
required to initiate the temporary use permit application review. Once an application is
received by the Department of Planning Services, lthe 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 depicted
in Figure 2-19. 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) Appeals
Decisions on temporary use permit applications may be appealed to the City Council by the
applicant or other aggrieved party in accordance with Section 9-2.311 Appeals.
(e) Findings
In order to approve or conditionally approve a temporary use permit application, the
Planning Director must find that it meets the following criteria:
(1) That the temporary use or structure will be compatible with adjoining properties, will
further the purpose and intent of the City's Land Use Code,and will meet all applicable
provisions of this Code-,
(2) That the proposed type and location of the temporary use or structure is consistent with
the General Plan's policies; and
(3) That the temporary use will be in compliance with the provisions of the California
Environmental Quality Act.
City of San Juan Capistrano Land Use Code
9-.2-69 November 15, 2002
Chapter 9.2 -Administration
Pre-application Meeting
Application submittal Application reviewed for
requirements not met; completeness by Department of
returned for additional Planning Services
information
Within 5 days Planning
Application subm _�
Director sends written -
requirements met: notice of application to
Additional qproperty owners directly
information adjacent to or across from a
needed public-right of-way from the
applicant property
Planning Director considers application.
Public Meeting notice required.Director acts
to:
•Approve
•Conditionally Approve NO APPEAL
IL
•Deny
Temporary use may have •Refer to Planning Commission or City i
unusual impacts on Council
surrounding properties or
extend for a period of 18
months or more
Planning Commission or City Council
considers application.Public Meeting notice APPEAL(of Planning
required. Commission/Council acts to: Director or Planning
*Approve Commission Action
°Conditionally Approve
•Deny
NO
APPEAUCITY
COUNCIL See Figure 2-3 for description of
ACTION appeals process —
* Property owners receiving notice may file a written objection to the
proposed use including the basis for the objection to the Department of
Planning Services within ten(10)days of the mailing of such notice. Figure 2-19
Upon receipt of a written objection,the Planning Director's action on
the application,if contrary to the stated objection,shall include findings Process for Temporary
which specifically address the basis of the objection. use Permit
City of San Juan Capistrano Land Use Code
9-2-70 November 15, 2002
Chapter 9.2 -Administration
,Sec. 9-2.349 Tree Removal Permit
(a) Purpose and intent
The purpose and intent of this section is to provide for the preservation of existing trees
within the City while permitting reasonable use and development of properties containing
such trees. For the purposes of this section,"tree"shall mean a living woody perennial plant
having a trunk diameter greater than six (6) inches measured at a point three (3) feet
above the ground.
(b) Tree removal permit procedures
(1) No removal without permit. No tree,unless specifically exempted by subsection (e)
of this section, shall be removed without prior approval of a tree removal permit
pursuant to the requirements of this section. Said action on the approval or denial of
the tree removal permit shall require specific findings based on the factors outlined
in subsection (c). Applications for tree removal may be filed with the Department
- of Planning Services.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 Department of Planning
Services finds the application to be complete,Hien the application shall be processed
in accordance to the procedure depicted subsections(b)(2)and(b)(3)of this section.
If the application is found to be incomplete, the Department of Planning Services
will notify the applicant in writingwithin 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.
(2) Removals not associated with.new development. Applications for removal of trees on
public or private property which are not associated with new development projects shall
be approved or denied by the Tree Inspector. Tree removal applications shall be
processed in accordance to the procedure depicted in Figure 2-20. The Tree
Inspector may require an arborist to prepare and submit a report on the health of
the specific tree.
City of San Juan Capistrano Land Use Code
9--2-71 November IS,2002
Chapter 9.2 -Administration
Tree is less than 6-inches;causes an
Pre-application Meeting
immediate threat;is located in a nursery,
garden center,tree farm,or orchard;or is
being removed to utilize land for production
of leafy vegetables or open space
• Submittal
Tree removal permit
application not part of an
Tree removal permit —
applicatioZan overall development project
overall dnor is tree exemptApplication submittal
prV requirements not met; —
_, returned for additional
Application reviewed for information
Refer to figure that completeness by Department of
corresponds to overall Planning Services —
development project
process Additional
information
Tree Inspector considers application. Public needed T
Meeting notice not required.Inspector acts to:
*Approve
*Conditionally Approve
Application affects a °Deny
very large tree(24- °Refer to Planning Commission if application
inch)or other affects a very large tree(24-inch)or other unusual —
unusual circumstance
circumstance
\\\NO APPEAL
Planning Commission considers application.
Public Meeting notice required if application affects -
very large trees(24-inch or greater)or specially
designated trees located within the public right-of- '
way.Commission acts to:
°Approve
°Conditionally Approve
•Deny
APPEAL
NO APPEAL
See Figure 2-3 for description of
appeals process
Figure 2-20
Process for Tree
Removal Permit
City of San Juan Capistrano Land Use Code
9-2-72 November 15, 2002
Chapter 9.2 -Administration
(3) Removal associated with neve development. Applications for removal of trees on
private property which are associated with new development projects shall be approved
or denied by the decisionmaking body for that project. Tree removal applications
shall be processed in accordance to the procedure depicted in Figure 2-20. In
considering development applications where tree removals are requested, the City
may cause to be prepared,a report by an arborculturalist. Such report shall include,
as a minimum, an evaluation on the health of the tree(s), identification of measures
which can be incorporated into project design to preserve said trees, and any
recommended modifications to project design necessary to protect the trees.
(4) Imposition of conditions. The Tree Inspector or decisionmaking body may impose
conditions on tree removal permit approvals. Such conditions may include,but are
not limited to,the replacement of a tree to be removed with new trees of similar size.
(e) Factors to influence approval or denial
The reviewing body shall consider the following factors in determining whether to approve
or deny a tree removal permit application:
(1) The condition of existing trees with respect to disease, general health, and ability to
preserve;
(2) Whether a project site plan has been designed to preserve the maximum number of
existing trees on the site;
(3) Whether the design and placement of new public utilities and facilities have avoided
tree removal;
(4) The topography of the property and the effect of tree removal on erosion, soil
retention, and the diversion or increased flow of surface waters;
(5) The adverse visual impacts of tree removals upon surrounding properties and streets,
the decrease in visual buffering or construction mitigation which would result from
a proposed tree removal;
(6) Foundation, slab, wall or other property damage, or excessive nuisance problems
caused by an existing tree;
- (7) Material interference by an existing tree with the safe and efficient maintenance of
an existing electrical, sewer,water, or other utility line-,
(8) The health of the tree or trees proposed for removal and their likely remaining life if
Oty of San Juan Capistrano Land Use Code
9-2-73 November 15, 2002
Chapter 9.2 -Administration
preserved;
(9) Possible future hazards to traffic,pedestrians,general public safety,or property if the
tree(s) is preserved; and
(10) The interests of the City in the protection and conservation of trees and other
irreplaceable natural resources from pollution impairments or destruction.
(d) Appeals
Any decision regarding tree removal may be appealed by the applicant or by an affected City
resident or property owner in accordance with the provisions of Section 9-2.311 Appeals.
(e) Exemptions
(1) Emergencies. In the event of an emergency wherein a tree is causing an immediate
threat to human life or to property, the Tree Inspector, Public Works Director,or
the Sheriff's Department,Fire:Department,or City employee in charge at the scene
may authorize the removal of such tree without issuance of a removal permit.
(2) Orchards. Trees which are growing on property currently 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,and trees which are being completely removed in order to utilize
the land for the production of leafy vegetation or open space, shall be exempt from
the provisions of this section.
Sec. 9-2.351 Variances and Exceptions
(a) Purpose and intent
This section provides for the consideration of variances and exceptions to the regulations of this
Land Use Code (Chapters 1 through 5,Title 9). Adjustments up to ten (10) percent of the
maximum or minimum of the development standards for a project are subject to Section 9- _
2.319 Development Standards Adjustment.
(b) Variance to regulations —
(1) Variances may be approved only when the City determines that, because of special
circumstances applicable to the property,including size,shape,topography,location,
or surroundings, the strict application of this Land Use Code deprives such property
of privileges enjoyed by other properties in the vicinity under identical zoning
classification.
City of San Juan Capistrano Land Use Code
9-2-74 November 15, 2002
Chapter 9.2 -Administration
Any variance granted shall be subject to such conditions as will assure that the
- adjustment 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.
A variance shall not be granted for a parcel which 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.
(2) Decisionmaking authority.The Planning Commission or the Zoning Administrator
shall have the authority to approve, deny, or approve with conditions the variance
applications specified in Section 9-1.111 Zoning Administrator Authority.
Applications for variances may be filed with the Department of Planning Services.The
Planning Director shall prescribe the form of application and the supporting
information required to initiate the variance application review.Once an application
is received by the Department of Planning Services,the application will be reviewed
for completeness. If the Project Coordinating;Committee finds the application to
be complete,then the application shall be processed in accordance to the procedure
depicted in Figure 2-21. 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.
(3) Findings required for approval. No variance shall be approved unless the
decisionmaking authority makes all of the following findings:
(A) 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.
(B) The granting of the variance 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.
(C) The variance will not result in development which is otherwise inconsistent
with the provisions of Title 9 of the Municipal Code.
(D) The variance will not result in development which is inconsistent with the goals,
policies and objectives of the General Plan.
City of San Juan Capistrano Land Use Code
9-2-75 November 15, 2002
Chapter 9.2 -Administration
Pre-Application Meeting
Application
Submittal
Application determined Project Coordinating
to be incomplete- Committee(PCC)reviews Application determined
returned for additional application for completeness and to be complete
information identifies issues
Environmental Administrator
(EA)evaluates application for
compliance with state --
Forwarded to City environmental laws. The
Commissions if the project application will be circulated for up Forwarded to Zoning
is submitted in conjunction to a 4!i-day review period. Administrator if project is not _
with a part of a project that submitted in conjunction with
requires Planning a part of a project that requires
IF Commission action Planning Commission action
IF
City Commissions '�—
review the proposed
project Zoning Administrator(ZA)
considers application. Public Hearing
required. ZA acts to:
•Approve
•Conditionally Approve
Planning Commission considers •Deny
application.Public Hearing required.
Commission acts to: _
•Approve
•Conditionally Approve NO APPEAL
•Deny APPEAL
�NO APPEAL
AiLSee Figure 2-3 for description of
appeals process
Figure 2-21
Process for Variance
City of San Juan Capistrano Land Use Code
9-2-76 November 15, 2002
Chapter 9.2 -Administration
(4) Conditions of approval. In approving a variance application,the approving authority
may impose conditions of approval which it deems necessary to ensure: (1) the
compatibility of the land use or development with existing and proposed land uses
Y on surrounding properties; and (2) consistence with the goals and policies of the
General Plan.
(5) Appeals.Decisions on variance applications may be appealed by the applicant or other
aggrieved party to the City Council in accordance with Section 9-2.311 Appeals.
(6) Expiration of variance. If construction (or other entitlement) authorized by an
approved variance has not been commenced within two (2) years of variance
approval, the variance shall be rendered null and void.
(7) Consistency or working drawings with approved plans. A variance approval shall
pertain only to those plans reviewed and approved with the variance. Further, all
plans approved with a variance shall be considered an integral part of the variance
approval. The Planning Director shall ensure that any final working drawings for
grading or construction authorized by a variance approval are consistent with said
previously-reviewed plans prior to release of working drawings for plan check. The
- Planning Director may approve minor variations from previously-reviewed plans if he
or she determines that the original plan concepts are being carried out. If the
Planning Director does not make such a determination,the subject working drawings
shall be referred to the decisionmaking authority for review and action.
(8) Revocation. A variance 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 shall
be held in accordance with Section 9-2.335 :Public Hearing Procedures 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.
(c) Exceptions to regulations
The Planning Commission and Zoning Administrator may grant an exception to land use
code regulations as specified in specified in Section 9-1.111 Zoning Administrator
Authority, subject to the criteria and limitations set forth in this subsection. Public
notification may be deemed necessary but shall not be required in the granting of an
exception.
Applications for exceptions may befiled led with the Department of Planning Services. The
City of San Juan Capistrano Land Use Code
9-2-77 November IS, 2002
Chapter 9.2 -Administration
Planning Director shall prescribe the form of application and the supporting information
required to initiate the exception application review-. Once an application is received by
the Department of Planning Services, the application will be reviewed for completeness.
If the Project Coordinating Committee finds the application to be complete, then the
application shall be processed in accordance to the procedure depicted in Figure 2-22.
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
r the Department of Planning Services.
(1) Findings. An exception to land use code regulations may be granted provided a
positive finding can be made in the following areas:
(A) That there are special physical circumstances in areas surrounding the property
which justify granting the exception;
(B) That the intent of the requirement is being met in the design of the total
project; and
(C) That there is little potential for the exception to create a negative impact on
surrounding areas. -
(3) Conditions. In granting an exception,the Planning Commission may impose whatever
conditions it deems necessary to ensure:
(A) The compatibility of the use with the existing and proposed uses;
(B) That any potential negative impacts have been adequately mitigated; and
(C) Consistency with the goals, policies, and objectives of the General "Plan.
City of San Juan Capistrano Land Use Code
9-2-78 November 15, 2002
Chapter 9.2 -Administration
Pre-Application Meeting
Application ISubmittal
Application determined Project Coordinating
to be incomplete- Committee(PCC)reviews Application determined
returned for additional application for completeness and to be complete
information identifies issues
Environmental Administrator
(EA)evaluates application for
compliance with state
Forwarded to City environmental laws. The
Commissions if the project application will be circulated for up Forwarded to Zoning
is submitted in conjunction to a 45-day review period. Administrator if project is not
with a part of a project that submitted in conjunction with
requires Planning a part of a project that requires
Commission action Planning Commission action
City Commissions ��
review the proposed
project ng Administrator(ZA)
(co:nsi& application. Public Hearing
required. ZA acts to:
•Approve
Conditionally Approve
Planning Commission considers •Deny
application.Public Hearing not required.
Commission acts to:
•Approve
•Conditionally Approve NO APPEAL
•Deny APPEAL
�NO APPEAL
See Figure 2-3 for description of ALL
appeals process
AIL
Figure 2-22
Process for Exception to
Land Use Code Regulations
City of San Juan Capistrano Land Use Code
9-2-79 November 15, 2002
Chapter 9.2 -Administration
ARTICLE 4AuisANCI S
For the purposes of this Land Use Code, "nuisance" shall mean anything which is injurious to health,
indecent,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 cause on any premises
arty 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.
City of San Juan Capistrano Land Use Code
9-2-80 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
CH.A.PTER 9-3. ZONING DISTRICT'S AND STANDARDS
Article 1. Establishment of Districts: Official Zoning Map
9-3.101. Districts Established
9-3.103. Official Zoning Map
9-3.105. Interpretations of District Boundaries
Article 2. District Regulations: General Provisions
9-3.201. Application of Provisions
9-3.203. Unlisted Lases
- 9-3.205. Prezoning Prior to Annexations
9-3.207. Interim Uses
- Article 3. Base District Regulations/Standards
9-3.301. Residential Districts
9-3.303. Commercial Districts
9-3.305. Industrial Districts
9-3.307. Public and Institutional (P&I) District
9-3.309. Open Space Districts
9-3.311. Farm Market (FM) District
9-3.313. Solid Waste Facility (SWF) District
9-3.315. Planned Community (PC) District
9-3.317. Specific Plan/Precise Plan (SP/PP) District
Article 4. Environmental Overlay Districts
9-3.401. Purpose
9-3.403. Designation
9-3.405. Floodplain Management (FM) District
9-3.407. Cultural Resources/Historic Preservation (HP) District
9-3.409. Noise Management (N) District
9-3.411. Ridgeline and Open Space Preservation (RP) District
Article S. Supplemental District Regulations
9-3.501. Accessory Uses and Structures
9-3.503. Adult Oriented Business
9-3.505. Affordable Housing Requirements
9-3.507. Antennas
9-3.509. Bed and Breakfasts
9-3.511. Caretaker Residences
City of San Juan Capistrano Land Use Code
9-3-1 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
9-3.513. Dust Control
9-3.515. Equestrian Standards (Commercial and Non-commercial Stables)
9-3.517. Fences,Walls, and Hedges
9-3.519. Fuel Modification Standards
9-3.521. Hazardous Waste Facilities -
9-3.523. Home Business
9-3.525, Kennels
9-3.527. Landscape (water conservation standards) _.
9-3.529. Lighting Standards
9-3.531. Noise Standards (residential and non-residential)
9-3.533. Nonconforming Uses,.Lots, and Structures
9-3.535. Parking
9-3.537. Recycling Facilities
9-3.539. Sand, Gravel, and Mineral Extraction
9-3.541. Service and Fuel Dispensing Stations
9-3.543. Signs -
9-3.545. Soils Subsidence Remediation Program
9-3.547. Special Activities (non-residential)
9-3.549. Storage and Display (Outside)
9-3.551. Swimming Pools
9-3.553. Temporary Uses and Structures va.
9-3.555. Transportation Demand Management
9-3.557. Tree Preservation
9-3.559. Visibility at Intersections/Driveways -
Cii'T of San Juan Capistrano Land Use Code
9-3-2 November 15, 2002
Chafiter 9.3 -Zoning Districts and Standards
ARTICLE 1 . ESTABLISHMENT OF DISTRICTS:
OFFICIAL ZONING MAP
Spec. 9-3.101 Districts Established
(a) Base districts
There are hereby established the following Base Districts into which the City is divided and
which are designated as follows:
(1) Residential/Agriculture District (RA);
(2) Hillside Residential District (HR)
(3) Single-Family-40,000 District (RSE-40,000);
(4) Single-Family-20,000 District (RSE-20,000);
(5) Single-Family-10,000 District (RS-10,000);
_. (6) Single-Family-7,000 District (RS-7,000);
(7) Single-Family-4,000 District (RS-4,000);
(8) Residential Garden-7,000 District (RG-7,000);
(9) Residential Garden-4,000 District (RG-4,000');
(10) Multiple-Family District (RM);
(1 1) Affordable Family/Senior Housing District (AF/SH);
(12) Mobilehome Park District (MHP);
- (13) Tourist Commercial District (TC);
(14) Neighborhood Commercial District (NC);
(15) General Commercial District (GC);
(16) Office Commercial District (OC);
(17) Commercial Manufacturing District (CM);
City of San Juan Capistrano Land Use Code
9-3-3 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(18) Industrial Park District (IP);
(19) Agri-Business District (A);
(20) Public and Institutional District (P&I);
(21) General Open Space (GOS);
(22) Open Space Recreation District (OSR);
(23) Neighborhood Park District (NP);
(24) Community Park District (CP);
(25) Specialty Park District (SP);
(26) Regional Park District (RP)
(27) Natural Open Space District (NOS)
(2 8) Recreation Commercial District (RC)
(29) Farm Market District (FM);
(30) Solid Waste Facility District (SWF);
(31) Planned Community District (PC); and -
(32) Specific Plan/Precise Plan District (SP/PP).
(b) Environmental overlay districts
In addition to the Base Districts established by the provisions of subsection(a)of this section,
there are hereby established the following Environmental Overlay Districts which may be
instituted by the City in combination with underlying Base Districts:
(1) Floodplain Management District (FP);
(2) Cultural Resources/Historic Preservation District (HP);
(3) Noise Management District (N); and ^
(4) Ridgeline and Open Space Preservation District: (RP).
City of San Juan Capistrano Land Use Code
9-3-4 November I5, 2002
Chapter 9.3 -Zoning Districts and Standards
Sec. 9-3.103 Official Zoning Map
(a) Adoption
The boundaries of the districts designated and established by Section 9-3.101 Districts
Established shall be shown on that certain map entitled "Oficial Zoning Map, City of San
Juan Capistrano," incorporated in this chapter and made a part of this chapter by
reference as if fully set forth in this chapter,and on file in the office of the Planning Director.
Reference to the Oficial Zoning Map is hereby made for particulars as to the precise location
and boundaries of the areas of the City within each district established by said Section 9-
3.101 Districts Established. The districts shown on the Oficial Zoning Map are hereby
declared to be subject to the regulations pertaining to each such district as such regulations
are set forth in Chapters 1 through 5 of this title.
(b) Identification
The Oficial Zoning Map shall be identified by the signature of the Mayor, shall be attested
by the City Clerk, and shall bear the seal of the City under the following words: "This is to
certify that this is the Oficial Zoning Map referred to in Chapter 9-3 Article 1 of Ordinance
No. 869 (Land Use Code) of the City of San Juan Capistrano". The Oficial Zoning Map
shall be dated November 15, 2002.
(c) Amendments - notations
If changes are made in the district boundaries or other matters portrayed on the Oficial
Zoning Map as set forth in Section 9-2.315 Change of Zone District,such changes shall be
entered on the Oficial Zoning Map promptly after the amendment has been approved by
the City Council.An entry listing the change shall be made on the Oficial Zoning Map,which
entry shall be signed by the Mayor and attested by the City Clerk.
(d) Replacement
In the event the Oficial Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of the nature or number of changes and additions, the City Council, by
- resolution, may adopt a new Oficial Zoning Map which shall supersede the prior Oficial
Zoning Map. The new Oficial Zoning Map may correct drafting or other errors or omissions
in the prior Oficial Zoning Map, but no such correction shall have the effect of amending
the original Oficial Zoning Map or any subsequent amendment thereto.
The new Oficial Zoning Map shall be identified by the signature of the Mayor, shall be
attested by the City Clerk, and shall bear the seal of the City under the following words:
"This is to certify that this Official Zoning Map supersedes and replaces the Oficial Zoning
Map adopted November 15, 2002,as part of Ordinance No. 869 (Land Use Code) of the
City of San Juan Capistrano".
City of San Juan Capistrano Land Use Code
9-3-S November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Unless the prior Oficial Zoning Map has been lost or has been totally destroyed, the prior
map or any significant part thereof remaining shall be preserved,together with all available
records pertaining to its adoption or amendments thereto.
Sec. 9-3.105 Interpretations of District Boundaries
Where uncertainty exists as to the boundaries of the Base Districts shown on the Oficial Zoning
Map, the following rules shall apply:
(a) Boundaries indicated as approximately following the center lines of streets, highways, or
alleys shall be construed to follow such center lines.
(b) Boundaries indicated as approximately following plotted lot lines shall be construed as
following such lot lines.
(c) Boundaries indicated as approximately following the City limits shall be construed as
following such City limits.
(d) Boundaries indicated as following railroad lines shall be construed to be midway between
the main tracks.
(e) Where physical or cultural features existing on the ground are at variance with those
shown on the Oficial Zoning Map,or in other circumstances not referred to in this section,
the Planning Director shall interpret the district boundaries. The Planning Director may refer
the interpretation to the Planning Commission.
City of San Juan Capistrano Land Use Code --
9.3-6 November 15, 2002
Chanter 9.3 -Zoning Districts and Standards
ARTICLE 2. DISTRICT REGULATIONS: GENERAL PROVISIONS
Sec. 9-3.201 Application of Provisions
The provisions set forth in this chapter for each district shall be the minimum regulations and
shall apply uniformly to each class or kind of structure or land, except as follows:
(a) No building,structure, or land shall be used or occupied, and no building shall be erected,
constructed, reconstructed, moved, or structurally altered, except in conformity with all
of the provisions set forth for the district in which such building,structure,or land is located.
(b) No building or other structure shall be erected or altered:
(1) To exceed the maximum permitted height or bulk;
(2) To accommodate or house a greater number of units;
(3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rearyardsfron tyards,sideyards,or other open spaces than
required; or
(5) In any other manner contrary to the provisions of Chapters 1 through 5 of this title.
(c) No part of a yard or other open space or off-street parking or loading space required for
or in connection with any building for the purpose of complying with this chapter shall be
- included as part of a yard, open space, or off-street parking or loading space similarly
required for any other building, except as specifically provided in this chapter.
(d) No yard or lot existing on November 15, 2002, shall be reduced in dimensions or area
below the minimum requirements set forth in this chapter. Yards or lots created on or after
November 15, 2002, shall meet at least the minimum requirements established by this
chapter. (See Section 9-3.533 Nonconforming Lases, Lots, and Structures for provisions
relating to nonconforming lots.)
Sec. 9-3.203 Unlisted Uses
The Planning Director shall have the authority and responsibility to review uses not listed in this
chapter. A proposed unlisted use shall be permitted as a principal, accessory or comparable
mobilehome park within a Base District if the Planning Director determines that such use falls within
the purpose and intent of that Base District, is of a comparable nature to the principal, accessory
or conditional uses set forth as permitted in the Base District, is not listed in another Base District,
and will not be detrimental to property in the vicinity of such use.
City of San Juan Capistrano Land Use Code
9-3-7 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Sec. 9-3.205 Prezoning Prior to Annexations
The City, by ordinance, may prezone certain contiguous areas outside the City which, in the
opinion of the City Council,bear relationship to the General Plan and sphere of influence. For this -
purpose, prezoning maps may be developed, adopted, and amended in accordance with the
provisions of Section 9-2.333 Pre-Zoning Prior to Annexation Procedures.
Sec. 9-3.207 Interim Cases
In addition to the regulations included in Section 9-3.5:33 Nonconforming Uses, Lots, and
Structures,the City recognizes that there are areas within the City that have been developed legally
for one use under previous zoning and which provide benefits to the community, but which are
not consistent with the General Plan land use designation. To allow the continuing use of these
areas, while identifying the future allowable use for the parcels in the event that the parcel is
redeveloped for another use,the City may identify these areas on the Oficial Zoning Map with the
existing zoning district identified and the future zoning district (General Plan consistent) identified in
parentheses. The interim uses will be subject to the regulations applicable to the identified
interim base district.
City of San Juan Capistrano Land Use Code
9-3-8 November 15, 2002
Chanter 9.3 -Zoning Districts and Standards
ARTICLE 3. BASE DISTRICT REGULATIONS/STANDARDS
Sec. 9-3.301 Residential Districts
(a) Purpose and intent
(1) Residential/Agriculture (RA) District
The purpose and intent of the Residential/Agriculture (RA) District is to:
(A) Provide for the maintenance and use of land for small farms and orchards,
excluding commercial animal raising, in association with single family dwellings;
and
(B) Implement the General Plan concept of providing for large lot, rural
residential uses, including, but not limited to, low density areas where the
topography is not amenable to estate-type developments.
(2) Hillside Residential (HR) District
The purpose and intent of the Hillside Residential (HR) District is to:
(A) Implement the programs and policies of the General Plan, including the Safety
Element as it relates to protection from geologic hazards (unstable soils,
prevention of erosion, and the like) and the Conservation and Open Space
Element relating to the maintenance of the natural character and amenity of
hillsides as a scenic resource of the City.
(B) Provide for the utilization of innovative land planning and building design as
a means of achieving high quality, flexibility, and efficiency in the design of
residential subdivisions within hillside areas of the City.
(3) Single-Family-40,000 (RSE-40,000) District
The purpose and intent of the Single-Family-40,000 (RSE-40,000) District is to:
(A) Provide for the establishment and control of large lot estate-type residential
areas of low density, located and maintained in accordance with the General
Plan; and
(B) Encourage the preservation of a semi-rural residential character without the
maintenance of farm-size acreage.
_. City of San Juan Capistrano Land Use Code
9-3-9 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(4) Single-Family-20,000 (RSE-20,000) District
The purpose and intent of the Single-Family-20,000 (RSE-20,000) District is to:
(A) Provide for the establishment of residential areas of low density, located and
maintained in accordance with the General Plan; and
(B) Regulate such areas in order to preserve and perpetuate a spacious, low-
density residential character.
(5) Single-Family-10,000 (RS-10,000) District
The purpose and intent of the Single-Family-.10,000 (RS-10,000) District is to
provide for the establishment and regulation of residential areas developed with
single-family detached dwellings, all on individual lots owned and maintained by
individual homeowners.
(6) Single-Family-7,000 (RS-7,000) District
The purpose and intent of the Single-Family-7,000(RS-7,000)District is to provide
for the establishment and regulation of residential areas developed with single family
detached dwellings, all on individual lots owned and maintained by individual
homeowners.
(7) Single-Family-4,000 (RS-4,000) District
The purpose and intent of the Single-Family-4,000(RS-4,000)District is to provide
for the establishment and regulation of residential areas developed with single family
detached dwellings, all on individual lots owned and maintained by individual
homeowners.
(8) Residential Garden-7,000 (RG-7,000) District
The purpose and intent of the Residential Garden-7,000 (RG-7,000) District is to
provide for the establishment and regulation of residential areas developed with
garden, patio, duplex, or zero-lot-line homes, attached or detached, located and
maintained in accordance with the General Plan.
(9) Residential Garden-4,000 (RG-4,000) District
The purpose and intent of the Residential Garden-4,000 (RG-4,000) District is to
provide for the establishment and regulation of residential areas developed with
garden, patio, duplex, or zero-lot-line homes, attached or detached, located and
maintained in accordance with the General Plan.
CizT of San Juan Capistrano Land Use Code
9-3-10 November 15, 2002
Chal,ter 9.3 -Zoning Districts and Standards
(10) Multiple-Family(RM) District
The purpose and intent of the Multiple-Family (RM) District is to provide for the
establishment and regulation of multiple-family residential areas of various medium-
to-high unit densities, located and maintained in accordance with the General Plan.
(11) Affordable Family/Senior Housing (AF/SH) District
The purpose and intent of the Affordable Family/Senior Housing(AF/SH) District
is to provide for the establishment and regulation of multiple-family residential areas
of higher densities that provide for affordable housing for the City's lower income
family and senior households,located and maintained in accordance with the General
Plan.
(12) Mobilehome Park (MHP) District
The purpose and intent of the Mobilehome Park (MHP) District is to provide a
district for the establishment and regulation of mobilehome parks,planned,developed,
and maintained as an integral unit and incorporating utilities,landscaping,recreation
facilities, and other amenities.
(b) Uses regulations
(1) Table 3-1 identifies the uses permitted in the Rsidential/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-4,000 (RG-4,000), Multiple-Family (RM), Affordable Family/Senior
Housing (AF/SH) and Mobilehome Park (MHP) Districts.
(2) Uses listed as conditionally permitted uses are subject to the review requirements and
conditions contained in Section 9-2.315 Conditional Use Permit. Accessory use are
subject to the review requirements and conditions contained in Section 9-3.501
Accessory Uses and Structures.
(3) The "notes and exceptions"column of Table 3-1 indicates more precisely the use
regulations for specific uses or operating characteristics. The notes and exceptions
- must be reviewed in conjunction with the other information for the class of use.
(4) Certain permitted uses and conditionally permitted uses may be subject to special
conditions regarding location, operation,or the design of the use. The sections of this
title governing these uses are identified in the "notes and exceptions" column of
Table 3-1.
City of San Juan Capistrano Land Use Code
9-3-11 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-1
Lases in Residential Districts
(please refer to end of table for notes)
Use
0
0 0 C c 0 0 0
a
4 Notes and
x a Z a a a ¢ Exceptions —
Accesso7 uses and structures A A A A A A A A A A A A
incidental to the
operation of a permitted
use
Alcoholism recovery P P P P P P P P P P P P
residential facilities
(for 6 or fewer persons)
Animal grazing, breeding, -- P -- -- -- -- -- __ __ __ __ __ These uses are
boarding,and training considered interim
uses until residential —
development plans
are approved.
Animal raising A C C C C C -- -- -- -- -- -- a. For RA
(noncommercial) District-Must
be in conjunction
with the
residential use of
a lot and limited
to small
domesticated
species, such as --
sheep and smaller
animals. Excludes
commercial
livestock breeding
and raising.
b. For HR, RSE-
40,000,RSE-
20,000, RS-
10,000, RS-
7,000, and RS-
4,000 Districts --
-Must be in
conjunction with
the residential
use of a lot,
wherein the lot
size is greater
than 15,000
square feet.
Permitted species
shall include
rabbits, chickens,
and animals of
similar size.
Animal
slaughtering or
commercial animal
City of San Juan Capistrano Land Use Code
9-3-12 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-1
Lases in Residential Districts
(please refer to end of table for notes)
Use
� o 0 0 0
0 0 c x
o r;, 4 `t Notes and
a w w
+x a a 99 Exceptions
raising or
breeding shall be
prohibited.
Apiaries C -- -- -- -- -- -- -- -- -- -- --
Bed and breakfasts C C C C C C C C C C C C Subject to Section 9-
3.509 Bed and
Breakfasts.
Boarding and rooming houses -- -- -- -- -- -- -- -- -- P P --
Cemeteries C C C C C C C C C C C C
Child day care centers C C C C C C C C C C C --
_. Crop and tree farming P P -- -- -- -- -- -- -- -- -- -- For HR- These uses
are considered
interim uses until
residential
development plans
are approved.
Equestrian facilities C C C C C C C C C -- -- -- a. Must be in
(communal) conjunction with
a subdivision.
b. Subject to
Section 9-3.515
Equestrian
Standards.
,Family care homes P P P P P P P P P P P P
(for 14 or fewer children)
Home businesses A A A A A A A A A A A A Subject to Section 9-
3.523 Home
Business.
;Horse keeping A A A A -- -- -- -- -- -- -- -- Subject to Section 9-
(noncommercial) 3.515 Equestrian
Standards.
Horse stables and C -- -- -- -- -- -- -- -- -- -- -- Subject to Section 9-
equestrian centers 3.515 Equestrian
(commercial) Standards.
Kennels C -- -- -- -- -- -- -- -- -- -- -- Subject to Section 9-
(commercial) 3.525 Kennels.
Kennels A C C C -- -- -- -- -- -- -- -- Subject to Section 9-
(noncommercial) 3.525 Kennels.
City of San Juan Capistrano Land Use Code
9-3-13 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-1
Uses in Residential Districts
(please refer to end of table for notes)
_-_ Use o 0
Notes and
x z a a Z 9 x Q Exceptions
Public buildings and facilities P P P P P P P P P P P P a. Includes public
schools,
museums,
libraries,
governmental
buildings,parks,
fire stations,
public utility
offices and
exchanges, bus,
and railroad
stations.
b. Excludes police
stations and
hospitals.
Recreation and A A A A A A A A A A A A a. Tennis courts
community centers and other
(noncommercial-public outdoor
and private) recreational uses
within such
centers shall
conform to the
requirements of
_ Sections 9-3.501
Accessory Uses
and Structures
and 9-3.529
Lighting
Standards.
b. The outdoor
-- night lighting of
tennis courts and
other recreational
uses shall not be
permitted unless
a conditional use
permit is approved
by the City.
Recycling facilities -- -- -- -- -- -- -- -- -- -- -- P Subject to Section 9-
3.537 Recycling
Facilities. Section 9-
3.537 Recycling
Facilities identifies
the specific allowed
recycling uses.
City of San Juan Capistrano Land Use Code
9-3-15 November 15,2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-1
Uses in Residential Districts
(please refer to end of table for notes)
Use
0 0 0 0 0
0 0
0 0 00 0 0 0
O O O
a w C7 ( Notes and
x rx a a sx ¢w Exceptions
Religious, fraternal, or C C C C C C C C C C C C Includes churches,
non-profit organizations temples, synagogues,
(non-profit) monasteries, religious
retreats,and other
places of religious
worship and other
fraternal and
community service
organizations.
Residential care facilities P P P P P P P P P -- -- --
(for 6 or fewer persons)
;Residential care facilities C C C C C C C C C -- -- --
(over 6 persons)
Residential dwelling unit P P P P P P P P P P P --
(single-family detached)
Residential dwelling units -- -- -- -- -- P P p p p p
(single-family attached)
Residential dwelling units -- -- -- -- -- -- -- P P P P -- Must be located on a
(duplex,two-family) single lot or with each
dwelling on its own lot. -
Residential dwelling units -- -- -- -- -- -- -- -- -- P p
(multiple-family-
apartments and
cooperatives)
Residential dwelling units -- -- -- -- -- -- -- P p p p
(multiple-family-
townhouses and
condominiums)
Residential dwelling A A A A A A A -- -- -- -- -- a. Allowed during the
(temporary) construction of a --.
permanent
single-family
residence on an
individual lot in
accordance with
the provisions of
Section 9-3.553
Temporary Uses
and Structures.
Secondary unit C C C C C C C C C -- -- -- a. Subject to
(single-family) Section 9-3.501
Accessory Uses
and Structures.
City of San Juan Capistrano Land Use Code
9-3-16 1�bvember 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-1
Uses in Residential Districts
(please refer to end of table for notes)
Use
0 0 0 0 0 o c
0 0 0 0 0
C 0
a N N 'a' N � � � � Notes and
(A CAx a Z a a ¢� Exceptions
Swimming schools, tennis -- -- -- -- -- -- -- -- -- C C -- a. Must be deemed
clubs and schools,and by the Planning
similar activities Commission to
be compatible
with the existing
or proposed
residential uses.
Tennis courts and other A A A C C C C -- -- -- -- -- a. The requirements
outdoor recreational uses of Sections 9-
- , (such as swimming pools 3.501 Accessory
and play equipment and Uses and
fields) on individual Structures and 9-
residential lots 3.529 Lighting
Standards.
b. The outdoor
night lighting of
such tennis
courts or other
recreational uses
shall not be
permitted unless
a conditional use
permit is approved
by the City.
Other uses may be allowed in the RM District with a conditional use permit if they are deemed by the Planning
Commission to be compatible with the existing or proposed residential use.
-- P = Principal use permitted by right
-- = Not permitted
A =Accessory use permitted by right(subject to Section 9-3.501 Accessory Uses and Structures)
C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit)
(c) Development standards
(1) Table 3-2 identifies the development standards for 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-4,000 (RG-4,000), Multiple-Family (RM),Affordable
Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts.
City of San Juan Capistrano Land Use Code
9-3-17 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-2
Development Standards for Residential Districts
Floor Area
One StoryTwo Story' Ratio
Min. 1st
Max. Min. Street Min. Min. Min. Floor Min. Min. Min. FIr/ %2nd
Density/ Lot Front- Front Side Rear Area Front Side Rear Lot FIr to Bldp_
District Acre Area age Yd3'4 Yd3'5'6 Yd 3,7,8
Ratio Yd 3,4 Yd 3,S,6
Yd3'7'8 Area9 1st FIr Hgt
RA10'11 0.4 DLI/acre 2•S 200 ft. 150 ft. 20 ft. 50 ft. 0.12 150 ft. 20 ft. 50 ft. 0.12 75% 35 ft.
acres —
Refer to
10,000 25/20 15/5 25/20 15/5 25/20
HR'2'13 Section 9- sq.ft. 60 ft. ft. ft. 25/20 ft. 0.40 ft. ft. ft. 0.35 80% 35 ft.
3.301(c)(2). q
R00010'" I DLI/acre 40,000 ISO ft. 30 ft. 20 ft. 25 ft. OAS 30 ft. 20 ft. 25 ft. 0.15 75% 35 ft.
9
R 00010'" 2 DLVacre 20,000
s ft00 90 ft. 30 ft. 10 ft. 25 ft. 0.25 30 ft. 10 ft. 25 ft. 0.2S 80% 35 ft
RS- 3.5 DLI/acre 10,000 60 ft. 20 ft. 10/5 25 ft. 0.40 20 ft. 10 ft. 25 ft. 0.35 80% 35 ft--
10,00010'' ft. ft.
RS-7,00010'" 5 DU/acre 7,000 60 ft. 20 ft. 5 ft. 20 ft. 0.45 20 ft. 10/5 20 ft. 0.32 80% 35 ft.
sq.ft. ft.
RS- 8 DLI/acre 4,000 50 ft. 18 ft. 5 ft. 16 ft. 0.50 20 ft. 10/5 20 ft. 0.35 80% 35 ft.
4,00010"1,14 sq.ft. ft.
RG- 5 DLI/acre 7,000 60 ft. 20 ft. 10/5 20 ft. 0.45 20 ft. 10/S 20 ft. 0.32 80% 35 ft
7,00010' •'S sq.ft. ft. ft.
RG- 8 DLI/acre 4'000 50 ft. 18 ft. 10/0 16 ft. 0.50 20 ft. 10/S 20 ft. 0.35 80% 35 ft---
4,000'0"i,i4,ls sq.$. ft. ft.
RM 10,16 18 DU/acre I acre
150 ft. 30 ft. 20 ft. 20 ft. NA 30 ft. 20 ft. 20 ft. 0.35 80% 35 ft.
AF/SH 10,16 2S DLUacre I Notre 150 ft. 30 ft. 20 ft. 20 ft. NA 30 ft. 20 ft. 20 ft. 0.35 80% 35 ft
MHP Development standards for mobilehomes shall be per State law.
Note:Max.=Maximum,Min.=Minimum,DLI=Dwelling Unit,Yd=Yard,Flr=Floor,Bldg=Building,and Hgt=Height
All new residential projects shall incorporate a combination of one and two story units adjacent to all master planned arterial streets,with at least 20 percent of the—
total project units being one-stor),. In addition,in the HR District,one and two story structures shall be intermixed to provide a variety of roof lines,building
mass,and setbacks and two story structures shall not be located adjacent to project entries or to eadsting single-story residences.
2 Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance if all of the following conditions are met:
(a) The lots street frontage remains a minimum of 20 feet;
(b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion,which is set back away from the street;
(c) The minimum width of the buildable portion of the lot conforms to the requirements of this table;and
(d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street frontage parking.
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps.The reduced frontage portion of such lots
shall not be included in the computation of lot area(see Section 9-4.31 S Irregular and Cul-de--Sac Lots).
City of San Juan Capistrano Land Use Code —
9-3-18 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-2
Development Standards for Residential Districts
3 The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots.
4 The setback forgarages shall maintain the minimum setback for the district. For those residential districts that allow a minimum front yard of 18 feet or less,a
minimum setback of 18 feet from the front property line shall be maintained for the garage.If the garage is a side entry,the front yard setback may be reduced to a
rninimum of 10 feet. However,in no instance shall side entry garages using this standard,exceed 20 percent of the total units for the residential project.
5 Architectural projections may extend into required side yards no more than 40%of the applicable district requirement,or more than 3 feet whichever is greater.
6 Minimum exterior side yards shall not be less than 10 feet for all districts,except for the HR District,in which the minimum exterior side yard adjacent to the
street shall not be less than 15 feet.
7 On lou with an existing building setback encroachment into a required lard,structural additions having the same said encroachments 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 Section 9-3.533 Nonconforming Uses,Lots,and Structures).
8 In the RA,HR,RSE-40,000,RSE-20,000,RS-10,000,RS-7,000,RS-4,000,RG-7,000,RG-4,000,RM,and AF/SH Districts,open patios may extend up to a
minimum of 5 feet from rear property lines pursuant to Section 9-3.501 Accessory Uses and Structures.
9 The overall building square footage for the primary structure shall not exceed that using the,floor area ratio. For the purposes of calculating overall square
footage,open volume ceilings that include second story area shall be included as square footage as if a second floor has been installed said area shall include
garage and enclosed porches.
10 All front,side,and exterior side architectural elevations shall be fully articulated with the integration of details and materials consistent with the approved
architectural style of the unit for residential subdivision.
Single-family Design Standards:In all districts where single family dwellings(site-built,modular,or manufactured home)are permitted,such dwellings shall be subject to
the development standards for that district as well as the following requirements:
(a) The minimum width of the residential dwelling shall be 20 feet outside dimension measured to the building line.For the purposes of this section,the width
shall be distinguished from the length of the building as the dimension having the lesser measurement.
(b) The exterior sides shall be covered with wood,stucco,masonry,or other material of similar texture and durability.Metal siding shall not be permitted.
(c) The roof material shall be wood shingle or shake,slate,tile,or other material of similar appearance,texture,substance,and durability.
(d) Roof eaves and gables shall be no less than 12 inches,measured from the vertical side of the unit,unless otherwise approved by the Planning Commission.
The preceding criteria shall be administered by either the Planning Director or Planning Commission,depending on which is responsible for reviewing specific
residential projects or custom homes prior to plan check.
HR Design Standards:A residential project in the HR District shall be in compliance with the following:
(a) The residential design of the project shall give the appearance of a variety of setbacks.
(b) The residential design shall encourage pedestrian use for internal circulation.
(c) Existing mature trees shall be preserved to the maximum extent and shall be integrated into the overall design of the project.
13 In the HR District,the minimum front yard setback is 25 feet for 30%of the units and 20 feet for 70%of the units in a project. The minimum backyard
setback is 25 feet for 70%of the units and 20 feet for 30%of the units in a project. The minimum side yard setback is 15 feet combined,but not less than 5
feet on one non-exterior side yard.
14 Projects that propose 7,000 square foot lots or less shall provide private common recreational facilities equal to 250 square feet per unit. In addition,the
minimum setback from a master planned arterial street shall be 25 feet as measured from the ultimate right-of-way.A homeowner association shall be created to
maintain all the recreational facilities and landscaping and to assume other responsibilities as appropriate.The organization,legal authority,duties,and
obligations for such homeowner association shall be set forth in a set of Codes,Covenants,and Restrictions(CC&R)to be approved by the Planning Commission and
recorded with the final tract map.Such CC&R shall incorporate provisions for the City to take over or otherwise provide for the maintenance of all the
recreational facilities,landscaping,and common areas should the Ci y determine that adequate maintenance is not being performed.
rs The RG-7,000 and RG-4,000 Districts allow attached units with zero lot lines.
16 A distance of 20 feet shall be maintained between buildings,including between principal and accessory structures.
City of San Juan Capistrano Land Use Code
9-3-19 November I5, 2002
Chapter 9.3 -Zoning Districts and Standards
(2) Hillside Residential(HR)Districtdevelopmentstandards. Developmentwithinthe
Hillside Residential (HR) District shall comply with the following standards: _
(A) Calculation of total allowable dwelling units. Within the Hillside Residential (HR)
District, the total allowable residential dwelling units shall be calculated based -~
on the total land area within each slope category pursuant to subsection (B)
of this subsection,below. All land area included within a parcel maybe included
in the calculation of total allowable dwelling units, if all land within the parcel is
designated for residential development by the Land Use Element of the General
Plan.
(B) Residential dwelling unit calculations. Using the slope calculation procedure
described in subsection(D)of this subsect,!on,the maximum allowable number
of residential dwelling units shall be calculated by totaling the maximum number
of dwelling units allowed within each slope category as depicted in Table 3-3.
Table 3-3
Hillside Residential District
Dwelling Unit Calculation
!dope Category Dwelling Units per Acre
0-10 percent 100 percent of maximum density for General Plan residential land use designation
1;1-15 percent 90 percent of maximum density for General Plan residential land use designation
16-20 percent 75 percent of maximum density for General Plan residential land use designation
21-25 percent 55 percent of maximum density for General Plan residential land use designation
2.6-30 percent 35 percent of maximum density for General Plan residential land use designation
30-39 percent 10 percent of maximum density for General Plan residential land use designation
40 percent or greater Zero percent of maximum density for General Plan residential land use designation
(C) Clustering ofdwelling unit allocations orgraduated lot sizes. Within a tentative map,
planned development permit, vested tentative map or any other applicable
entitlement, dwelling unit allocations calculated for land areas having slopes in
excess of 25 percent shall be transferred to land areas having slopes of less than 25
percent, except no dwelling units shall be allowed on land with less than 25 percent
slope on or adjacent to a designated ridgelir.e identified in the Conservation and
Open Space Element of the General Plan. When transfers of dwelling unit
allocations as described above occur,the resulting minimum lot size for a single-
family detached dwelling shall not be less than 10,000 square feet per dwelling unit
or unless an exception is granted by the 097 Council.
City of San Juan Capistrano Land Use Code _
9-3-20 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(D) Slope calculation procedure. The following method shall be used to determine the
slope of any land within the Hillside Residential (HR) District:
The parcel of land shall be divided into subareas or cells of approximately 100
feet by 100 feet (30 meters by 30 meters). Within each cell, the slope shall
be calculated by the following formula:
S = IxLx100
A
where:
S = Average ground slope in percent,calculated for each cell to be rounded
to the nearest whole number.
I = Interval, in feet, of the topographic map contour lines. The contour
interval shall be ten (10) feet or less for calculating slope.
L.= The sum,in feet,of the length of all contour lines within the cell, at the
selected contour interval "I".
A = The total area of the cell,in square feet. A cell 100 feet by 100 feet has
an area of 10,000 square feet (100 feet x 100 feet = 10,000 square
feet).
The areas of cells with each slope category shall be combined to identify the
total land areas within the parcel within each of the slope categories identified
in subsection (B) of this subsection. The maximum allowable number of
residential dwelling units can then be calculated as described in subsection (B)
of this subsection.
(E) Slope map required. All computations for slope and the maximum allowable
number of residential dwelling units, including a topographic map, shall be
prepared and signed by a registered civil engineer or a licensed land surveyor
and submitted to the Environmental Administrator. The topographic map
shall have a scale of not less than one (,I) inch to 200 feet and a contour
interval of not more than ten (10) feet. This topographic map shall include
all adjoining land area within-150 feet of the site boundaries. The map shall
depict the slope category of each cell so that cells within the same category are
visually recognizable.
(F) Hillside grading requirements. The following hillside grading requirements shall
apply in the Hillside Residential (HR) District. In reviewing the subdivision
and development plans for hillside areas, the Planning Commission shall ensure
City of San Juan Capistrano Land Use Code
9-3-21 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
the attainment of the,following objectives:
(i) The preservation of natural topographic features and appearances by
means of land sculpturing so as to blend any manmade or manufactured
slope into the natural topography; -
(ii) The preservation of natural topc)graphic features and appearances
through restrictions on successive padding and terracing of building sites
in hillside areas;
(iii) The retention of all designated General Plan ridgelines so as to avoid
abrupt changes in grades;
(iv) The retention of major natural topographic features, such as canyons,
drainage swales, steep slopes, watershed areas, floodplains, view
corridors, and scenic vistas; R"
(v) The preservation and enhancement of prominent landmark features,
such as natural rock outcroppings, prominent trees and plant materials,
and other areas of special natural beauty;
(vi) The design and arrangement of building sites, utilizing clustered lot
designs, and setback variations, so as to limit the extent of grading
alterations; --
(vii) The utilization of varying setbacks, building heights, innovative building
techniques,and compatible building forms,materials,and colors which
serve to blend all buildings into the terrain;
(viii) The preservation and introduction. of plant materials so as to protect
slopes from soil erosion and slippa€)e and minimize the visual effects of
grading and construction on hillside areas;
(ix) The introduction and utilization of permanent full coverage irrigation
systems adequate to sustain existini;and developed slope plantings and
to protect against potential hazards due to fire;
(x) The utilization of street designs and improvements which serve to
minimize grading alterations and harmonize with the natural contours
and character of the hillsides;
(xi) The utilization of contour grading and re-vegetation with natural plant
materials for remedial grading associated with the stabilization and --
protection of future residential units; and
City of San Juan Capistrano Land Use Code —
9-3-22 November 15, 2002
Chai9ter 9.3 -Zoning Districts and Standards
(xii) Overall residential units do not exceed calculations per subsection (B)
of this subsection, above.
(G) Exceptions. Exceptions to the residential unit allocations as determined by the
slope density formula may be considered and approved by the City Council, if
it is determined that thefollowing has been integrated into the project's design:
(i) The project has minimized landform alteration by its layout and design;
(ii) The project has minimized its visual prominence from major views from
designated scenic corridors;
(iii) The design is unique and blends through the use of structure design and
finish materials and colors with its natural setting; and
(iv) The design of the project maximizes the amount of natural open space,
while ensuring the long-term safety of residents and improvements.
(H) Non-applicability. The development standards and requirements set forth in this
subsection,upon a determination of the Environmental Administrator,shall not
apply to those specific developments or applications involving site preparation
for one or more of the following types of projects:
(i) A single-family dwelling unit and accessory buildings on a single parcel of
record on date of the adoption of this Title;
(ii) Two (2) or more residential dwelling units and accessory buildings on a
single parcel wherein the minimum average amount of land area per
dwelling unit equals ten (10) acres or more;
(iii) The use, development, or alteration of land, including the projects set
forth in subsections (i) and (ii) of this subsection, wherein less than ten
(10) percent of the surface area of the land is to be graded or where
grading operations involve less than 5,000 cubic yards of dirt; and/or
(iv) The property is part of a subdivision application that was subject to the
provisions of this section and has previously been reviewed and approved
by the City Council.
Applications for a determination of non-applicability as set forth in this
subsection shall be made to the Environmental Administrator. The applicant
shall submit a written request and such data or plans as may be required by the
Environmental Administrator to render a decision in accordance with the
City of San Juan Capistrano Land Use Code
9-3-23 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
provisions of this subsection. A determination of non-applicability from the
standards or requirements of this section shall be granted only if the -
Environmental Administrator finds that the development plans meet the
development requirements set forth in this subsection and that the development
of the land in questions will serve to comply with the purposes and objectives
of the Hillside Residential (HR) District.
(3) Multiple family development requirements. Thefollowingdevelopment requirements
shall apply in the Multiple-Family (RM) and Affordable Family/Senior Housing
(AF/SH) Districts:
(A) Recreational facilities. Residential developments shall provide outdoor
recreational facilities for the residents of the development. Such facilities may -
include swimming pools and cabanas, tennis and volleyball courts, open playing
fields, children's play equipment, and similar facilities.
(B) Management agencies.A management agency shall be created to maintain all the
recreational facilities and landscaping and to assume other responsibilities as
appropriate. The organization shall be set forth in a set of provisions to be
approved by the Planning Commission. Management agencies shall be
responsible for assuring that the development complies with the maintenance
standards per Title 8 of this Municipal Code.
(d) Development review
Projects proposed within 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-4,000(RG-4,000),Multiple-
Family(RM),Affordable Family/Senior Housing(AF/SH),and Mobilehome Park(MHP)
Districts shall be subject to applicable review procedures as set forth in Article 3
Development Review Procedures of Chapter 2 of thus title.
(e) Supplementary district and temporary use regulations
For sign, parking, fence, swimming pool, and similar regulations for 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-4,000 (RG-4,000), Multiple-Family (RM), Affordable
Family/Senior Housing (AF/SH), and Mobilehome :Park (MHP) Districts, see Article 5
Supplemental District Regulations of this chapter.
City of San Juan Capistrano Land Use Code
9-3-24 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(f) Environmental overlay standards
Standards related to management of project effects on sensitive natural resources (i.e.
floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Overlay
Districts of this chapter.
Sec. 9-3.303 Commercial Districts
(a) Purpose and intent
The following four commercial districts have been established for the following purpose and
intent:
(1) Tourist Commercial (TC) District.
The purpose and intent of the Tourist Commercial (TC) District is to provide for
small-scale retail and service uses within the area immediately adjacent to the Mission
San Juan Capistrano which would serve tourists as well as residents. Development
projects in the Tourist Commercial (TC) District should be designed to reflect the
— Spanish heritage and semi-rural character of the community and be compatible with
the historic significance of the downtown (especially Mission San Juan Capistrano).
(2) Neighborhood Commercial (NC) District.
The purpose and intent of the Neighborhood Commercial (NC) District is to
provide for small-scale, convenience retail shopping facilities at the neighborhood
level located in accordance with the General JIlan and encourage the compatible
integration of small-scale,shopping centers into the neighborhood area which it serves.
(3) General Commercial (GC) District.
The purpose and intent of the General Commercial (GC) District is to provide for
a wider range of commercial land uses than those permitted in the Tourist
Commercial (TC) District and Neighborhood Commercial (NC) District in order
to accommodate most of the retail and service needs of the residents of the City.
(4) Office Commercial (OC) District.
The purpose and intent of the Office Commercial (OC)District is to provide for the
development of office centers and accessory retailing and service uses to permitted
office uses; and provide for the small-scale development of office complexes and
individual buildings which can be located so as to be compatible with adjacent
properties.
City of San Juan Capistrano Land Use Code
9-3-2S November 15, 2002
Chapter 9.3 -Zoning Districts and Standards '
(b) Uses regulations
(1) Table 3-4 identifies the uses permitted in the Tourist Commercial (TC),
Neighborhood Commercial (NC), General Commercial (GC), and Office
Commercial (OC) Districts. -
(2) Uses listed as conditionally permitted uses are subject to the review requirements and
conditions contained in Section 9-2.317 Conditional Use Permit. Accessory uses are
subject to the review requirements and conditions contained in Section 9-3.501
Accessory Uses and Structures.
(3) The "notes and exceptions"column of Table 3-4 indicates more precisely the use
regulations for specific uses or operating characteristics. The notes and exceptions -
must be reviewed in conjunction with the other information for the class of use.
(4) Certain permitted uses and conditionally permitted uses may be subject to special A
conditions regarding location,operation,or the design of the use. The sections of this
title governing these uses are identified in the "notes and exceptions" column of
Table 3-4.
City of San Juan Capistrano Land Use Code
9-3-26 November 15, 2002
Chajnter 9.3 -Zoning Districts and Standards
Table 3-4
Uses in Commercial Districts
(please refer to end of table for notes)
Use TC NC GC OC Notes and Exceptions
Alcoholic beverage retail sale C C C -- Sale for off-premise consumption.
(including wine tasting)
Ambulance services -- -- C --
Automated teller machines A A A A
Bed and breakfasts C C C C Subject to,Section 9-3.509 Bed and Breakfasts.
Bookbinding -- -- C --
Car washes -- -- C -- Permitted only in conjunction with fuel dispensing
(automatic) stations in compliance with Section 9-3.541
Service and Fuel Dispensing Stations.
Caretaker residences -- -- A -- Subject to Section 9-3.511 Caretaker Residences.
(permanent)
Caretaker residences A A A A Subject to Section 9-3.553 Temporary Uses and
(temporary) Structures.
Cemeteries C C C C
Child day care centers -- C C --
Clubs and lodges -- -- P --
(private)
Convenience services P P P -- Such as dry-cleaners,laundromats,barber shops,
beauty shops, manicure shops,mail services, home
appliance repairs, bicycle repair, tailor shops,
--- photography studios,ticket agencies,watch repair,
locksmiths, pet grooming, and similar uses.
Dancing and live entertainment C -- C --
-- Eating and drinking P P P A
establishments
Financial services uses -- P P P a. Includes banks, savings and loan associations,
and credit unions.
b. For GC District-Excludes check cashing
facilities.
Finishing or working of jewelry, A -- -- --
leather goods,pottery,and similar
items
(small-scale)
Fuel dispensing station -- -- C -- In accordance with the provisions of Section 9-
3.541.
Game machines A -- A --
(three[3] or fewer)
Game machine centers(more than -- -- C --
three [3])
Gasoline or Fuel Dispensing Facilities -- C C -- May have a Mini-Mart or Food Convenience Store.
,Hospitals -- -- C --
Hotels and motels C -- C --
City of San Juan Capistrano Land Use Code
9-3-27 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-4
Uses in Commercial Districts —
(please refer to end of table for notes)
Use TC NC GC OC Notes and Exceptions
Massage therapy C -- C C As defined in Section 5-24.02 of this Municipal
Code.
Massage therapy C -- A -- As defined in Section 5-24.02 of this Municipal
(accessory) Code.
Medical and dental offices P P P P A maximum of three(3) such offices per
development.
Medical and Dental Centers and -- -- P P
Complexes
Mining,oil drilling,and other C C C C Includes necessary incidental buildings and
resource extraction appurtenances.
.Mortuaries -- -- C --
Office uses P P P P Includes business,professional,real estate, travel _
(general) agencies, and similar office uses.
.Parking lots P A P A
(commercial and public)
:Pet stores -- -- P --
,Pool halls and billiard centers -- -- C --
Public buildings and facilities P P P P a. Includes museums, libraries,governmental
buildings,parks,public utility offices and
exchanges, bus,taxicab,and railroad stations,
and tourist information centers.
b. For TC,NC and OC Districts-Excludes
public schools, police stations, fire stations,
and hospitals.
c. For GC District-Includes police stations
and fire stations.
Radio and television towers and C C C C Subject to Section 9-3.507 Antennas. -
installations,radar installations,
microwave relay stations, and
cellular towers and installations
(commercial) --
Recreation and leisure uses -- -- P C Includes bowling lanes, ice and roller skating
(without outdoor facilities) rinks,theaters,athletic/health clubs.
Recreational uses -- -- C -- Includes night lighting for such facilities, such as
(requiring outdoor facilities) tennis clubs, in compliance with Sections 9-3.501
Accessory Uses and Structures and 9-3.529
Lighting Standards;
Recycling facilities P P P P Subject to Section 9-537 Recycling Facilities.
Section 9-537 Recycling Facilities identifies the
specific allowed recycling uses.
Religious, fraternal,or service C C C C Includes churches, temples, synagogues,
organizations monasteries, religious retreats,and other places of
(non-profit) religious worship and other fraternal and
communk service organizations.
City of San Juan Capistrano Land Use Code _
9-3-28 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-4
Uses in Commercial Districts
(please refer to end of table for notes)
Use TC NC GC OC Notes and Exceptions
Research and development -- -- -- P Includes research and development of computer
software, :information systems, communication
systems,transportation,geographic information
systems, multi-media and video technology.
Development and construction of proto-types
may be associated with this use.
Residential dwellings C -- C C Shall be in conjunction with a commercial
(townhouse or apartment) establishment or use.
Retail sales P P P -- a. For TC District-Including sale of,apparel,
(general) fabric, dry goods,ornamental plants, flowers,
candy,baked goods, hobby supplies, art and
craft:applies,photography supplies,
stationery, newspapers, magazines, and similar
items which require small-scale retail outlets
which are consistent with a pedestrian
shopping environment.
T b. For INC District-Retail sales of meats,
groceries,baked goods,pharmaceutical,
cosmetics, notions, flowers,jewelry,
stationery, apparel, newspapers, magazines,
fabrics,computers,video/audio media and
similar retail sales activities which serve
neighborhood residential areas.
Retail sales P -- P -- Such as the sale of artwork,photography,
(small scale) antiques, curios,gifts, novelties, books,jewelry,
leather goods,pottery,and similar items.
Retail sales -- -- -- A a. Includes office cafeterias,delicatessens,snack
(small-scale accessory) bars,pharmacies, newsstands,mail services, and
other small-scale accessory retail uses.
— b. May be permitted outdoors as set forth in
Section 9-3.549 Storage and Display.
Retail sales -- C P -- a. For NC District-Includes groceries,meats,
(large-scale) bakers, auto parts supplies,bicycles,
hardware,paint, floor and wall covering
materials,pets, and sporting goods.
b. For GC District-Includes the sales of
bicycles, furniture,home appliances,
groceries, meats,musical instruments and
supplies, hardware,paint, sporting goods,
cosmetics,pharmaceutical,feed and grain,
nurseries,and floor and wall covering
materials
Secondhand stores -- -- P -- Prohibited activities shall be those uses defined as
secondhand dealers,pawnbrokers, and coin-
currency dealers by Section 5.18 of the Municipal
Code.
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9-3-29 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-4
Uses in Commercial Districts
(please refer to end of table for notes)
Use TC NC GC OC Notes and Exceptions --
Schools P -- P P a. Includes secretarial, art, dance, drama, and
(business,vocational,and music schools.
professional schools not requiring
outdoor facilities) b. Excludes swimming schools,preschools, and
public and private primary and secondary
schools.
Storage and display A A A -- Subject to Section 9-3.549 Storage and Display. -
(outside)
Taverns and brewpubs C -- C --
Taxi-cab services -- -- C --
heaters P -- P --
(walk-in)
Veterinary offices and clinics -- C C C
P = Principal use permitted by right
= Not permitted
A = Accessory use permitted by right(subject to Section 9-3.501 Accessory Uses and Structures)
C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit)
(c) Development standards
Table 3-5 identifies the development standards for the Tourist Commercial (TC),
Neighborhood Commercial (NC), General Commercial (GC), and Office Commercial
(OC) Districts.
City of San Juan Capistrano Land Use Code —
9-3-30 November 15, 2002
Chajrter 9.3 -Zoning Districts and Standards
Table 3-5
Development Standards for Commercial Districts
Min.
One Story Two Story Floor Area Ratio
— —
Min. Street Min. Min. Min. Min. Min. Min. 1 st FIr/ %2nd
Lot Front- Front Side Rear Front 'gide Rear Lot Flr to Bldg
District Area age' Yd2 Yd2,3 Yd2,4 Yd 1(d2,3 Yd2,4 Area I st Flr Hgt
TCS sq 00 60 ft. 0 ft. 0 ft. 0 ft. 0 ft. oft. 0 ft. 0.75 80% 25 ft.
NCS 5 150 ft. 20 ft. 10 ft. 20 ft. 20 ft. 20 ft. 20 ft. 0.25 50% 35 ft.
acres
GCS sq.00 60 ft. 20 ft. 5 ft. 20 ft. 20 ft. 1.0 ft. 25 ft. 0.40 25% 35 ft.
OCs 1 acre 60 ft. 20 ft. 5ft. 1 20 ft. 20 ft. 10 ft. 20 ft. 0.30 80% 35 ft.
-- Note: Min.=Minimum, DU=Dwelling Unit,Yd=Yard, Flr=Floor, Bldg=Building,and Hgt=Height
' Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance
if all of the following conditions are met:
- (a) The lot's street frontage remains a minimum of 20 feet;
(b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion,
which is set back away from the street;
(c) The minimum width of the buildable portion of the lot conforms to the requirements of this table;and
(d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate
for the loss of street frontage parking.
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps.
The reduced frontage portion of such lou shall not be included in the computation of lot area (see Section 9-4.315
Irregular and Cul-de-Sac Lots).
2 The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular
and Cul-de-Sac Lots.
3 Architectural projections may extend into required side yards no more than 40%of the applicable district requirement,or
more than 3 feet whichever is greater.
4 On lots with an existing building setback encroachment into a required rearyard, structural additions having the same
said encroachments 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 Section 9-3.353
Nonconforming Uses, Lots, and Structures).
5 Design Standards
(a) All development and redevelopment in the Tourist Commercial(CT), Neighborhood Commercial (NC),
_ General Commercial (GC), and Office Commercial (OC) Districts shall conform to the following standards:
(1) General. Development shall comply with the design principals in the General Plan Community Design
Element-,
(2) Architectural design. Projects shall comply with the applicable policies of the City's adopted Architectural
Design Guidelines;
(3) Prohibited features. Features which detract from the architectural design including, but not limited to,
paint-on facades, super graphics, and structures which visually dominate historic sites or buildings shall be
prohibited.
(b) Thefollowing requirement shall also apply in the Neighborhood Commercial (CN) District:
(1) Scale. Neighborhood centers will be scaled to serve the residential neighborhoods which adjoin and would
be served by them.Buildings shall be arranged in pedestrian-oriented, clusters of shops as opposed to
arranged in a single linear structure.
City of San Juan Capistrano Land Use Code
9-3-31 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(d) Development review
Projects proposed within the Tourist Commercial(TC),Neighborhood Commercial(NC),
General Commercial (GC), and Office Commercial (OC) Districts shall be subject to
applicable review procedures as set forth in Article 3 Development Review Procedures of _
Chapter 2 of this title.
(e) Supplementary district and temporary use regulations
For sign, parking, fence, swimming pool, and similar regulations for the Tourist _
Commercial (TC), Neighborhood Commercial (NC:), General Commercial (GC), and
Office Commercial (OC)Districts,see Article 5 Supplemental District Regulations of this
chapter. —
(f) Environmental overlay standards
Standards related to management of project effects on sensitive natural resources (i.e.
floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Overlay
Districts of this chapter.
Spec. 9-3.305 Industrial Districts
(a) Purpose and intent
The following three industrial districts have been established for the following purpose and
intent:
(1) Commercial Manufacturing (CM) District
The purpose and intent of the Commercial :Manufacturing (CM) District is to
provide for a wide range of commercial user,, primarily of a non-retail nature,
wholesaling, limited manufacturing, and indoor recreational uses.
(2) Industrial Park (IP) District
The purpose and intent of the Industrial Park (IP) District is to:
(A) Provide areas,designated in the General Plan,for the development of industrial
parks;
(B) Provide for high quality physical developments within industrial parks by
requiring comprehensive planning and the:coordination of building design and
location,landscaping, parking, interior circulation, and other facilities;
City of San Juan Capistrano Land Use Code _
9-3-32 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(C) Allow for certain commercial and service uses within such industrial parks
which uses are related to the permitted industrial uses or which may serve the
employees of the industrial establishments during the normal workday; and
(D) Limit the physical effects of the permitted industrial activities, such as the
emission of air contaminants, noise, glare, run-off of pollutants, and other
such effects which could be harmful to life or other nearby property.
(3) Agri-Business (A) District
The purpose and intent of the Agri-Business (A) District is to implement the
General Plan provisions for the use of land for agricultural activities.
(b) Uses regulations
(1) Table 3-6 identifies the uses permitted in the Commercial Manufacturing (CM),
Industrial Park (IP), and Agri-Business (A) Districts.
(2) Uses listed as conditionally permitted uses are subject to the review requirements and
conditions contained in Section 9-2.317 Con&ttional Use Permit. Accessory uses are
subject to the review requirements and conditions contained in Section 9-3.501
Accessory Uses and Structures.
(3) The "notes and exceptions"column of Table 3-6 indicates more precisely the use
regulations for specific uses or operating characteristics. The notes and exceptions
must be reviewed in conjunction with the other information for the class of use.
(4) Certain permitted uses and conditionally permitted uses may be subject to special
conditions regarding location,operation,or the design of the use. The sections of this
title governing these uses are identified in the "notes and exceptions" column of
Table 3-6.
Table 3-6
Uses in Industrial Districts
(please refer to end of table for notes)
Use CM I IP A Notes and Exceptions
Accessory uses incidental to the A A A Includes cafeterias, snack bars, delicatessens, industrial
operation of a permitted use products showrooms, conference rooms,business and
professional offices, training classrooms, and caretakers'
residences.
City of San Juan Capistrano Land Use Code
9-3-33 November 15,2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-6
Uses in Industrial Districts
(please refer to end of table for notes)
'[.Ise CM IP A Notes and Exceptions
Adult-oriented business P P -- a. Subject to the provisions of Title 5, Chapter 27, and
Section 9-3.503 Adult Oriented Businesses.
b. Sale of alcoholic beverages in conjunction with a
permitted adult-oriented business shall be prohibited.
Ambulance services P -- --
Animal grazing,breeding, -- -- P a. Includes, but is not limited to,cattle, sheep,goats,
boarding, raising,and training and horses.
b. Excludes hog production,commercial livestock feeding
ranches,commercial dairies,commercial horse stables
and equestrian centers,commercial kennels,and the
commercial slaughtering, dressing, or sale of livestock,
fowl, or other animals.
Animal shelters -- C --
Apiaries __ __ p
Automobile parts and supply stores and P -- -- See repair uses and services
service uses
Automobile service stations C -- --
Bed and breakfasts C C C Subject to Section 9-3.509 Bed and Breakfasts.
Broadcasting studios P P --
Cabarets and nightclubs C -- --
Caretaker residence A A A Subject to Section 9-3.553 Temporary Uses and
(temporary) Structures.
Car wash C -- --
Cemeteries C C C
C-hill day care centers C C C
Clubs and lodges P
(private)
Collection and recycling of paper, C C C Excludes junkyards and auto salvage.
glass,and other materials
Compounding,processing, P P -- a. Includes candy,cosmetics,pharmaceuticals, food,
packaging, and treatment of and beverages.
products
b. Excludes the rendering or refining of fats and oils.
Lancing and live entertainment P -- --
Egg production and sales and the -- -- P Subject to theffollowing requirements:
production of chickens,poultry, 1. Any poultry,pigeon, rabbit, or other animal-
pigeons,and other fowl, and the raising building or enclosure shall be located a
production of rabbits minimum of 300 feet from any existing
residential building not on the premises; and
2. The slaughtering or dressing for sale of poultry,
pigeons, or rabbits shall be permitted only if
they are produced,raised, or fattened on the _
premises.
City of San Juan Capistrano Land Use Code
9-3-34 November 15, 2002
Chanter 9.3 -Zoning Districts and Standards
Table 3-6
Uses in Industrial Districts
(please refer to end of table for motes)
Use CM IP A Notes and Exceptions
Eating and drinking P P -- Such as restaurants,delicatessens, ice cream parlors,
establishments cocktail lounges,and taverns.
Educational and cultural programs -- -- A Shall be of a temporary nature and prior approval of a
special events permit in accordance with Section 9-3.547
Special Activities.
Employee quarters -- -- A Must be of a permanent character placed in permanent
- (detached) locations.
Farming -- -- P a. Includes all types of agriculture and horticulture.
b. Excludes farms operated publicly or privately for the
disposal of garbage,sewage,rubbish, or offal.
Financial services uses P -- -- Includes banks, savings and loan associations, and credit
unions.
Fortune-telling P __ -_
Foundry casting -- C --
Game machines A -- -- 3 or less game machines if such machines are accessory to a
(3 or less) permitted principal use in the district.
Game machines C -- --
(more than 3)
,Home businesses -- -- A Subject to Section 9-3.523 Home Business.
Horse stables and equestrian -- -- C Subject to Section 9-3.515 Equestrian Standards.
centers
(commercial)
,Hospitals C
Motels and motels P
Kennels -- C A Subject to Section 9-3.525 Kennels.
(noncommercial)
Kennels -- C C Subject to Section 9-3.525 Kennels.
(commercial)
Manufacturing, assembly,testing, P P -- Includes,but its not limited to:
repair,and research on 1. Semiconductors,and similar components;
components, devices, equipment, 2. Computer hardware and software;
and systems of an electrical, 3. Metering instruments,equipment,and systems;
electronic, or electromechanical 4. Audio equipment;
nature S. Radar, infrared,laser, and ultraviolet equipment
and systems;
6. Scientific and mechanical instruments; and
7. Television and radio equipment and systems.
Manufacturing and assembly of P P -- Such items maybe made from bone, cellophane,fiber,
retail and wholesale items to a fir,glass,latex, ceramics,pottery,lead,leather, metal,
finished product paper, plastics, wood, or yarn.
Medical and dental offices P -- -- Medical centers and complexes allowed.
Mining, oil drilling,and other C C C Includes necessary incidental buildings and
resource extraction appurtenances.
City of San Juan Capistrano Land Use Code
9-3-35 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-6
Uses in Industrial Districts
(please refer to end of table for notes)
Use CM IP A Notes and Exceptions
Mobilehomes and modular homes on a -- -- A Both shall be subject to state regulations governing
permanent foundation system development standards.
Mortuaries C -- --
Motorcycle sales and services P -- --
Nonprofit medical clinics C C --
Nurseries,greenhouses, and plant P -- P Including greenhouses,hydroponic gardens, and similar
storage facilities.
(resale and wholesale)
Offices P -- -- Includes business,professional,real estate, travel
(general) agencies, and similar office uses.
Offices P P -- Includes offices which do not regularly provide services
(large) or conduct business with.the general public,such as
corporate offices.
Packing plants for whole -- -- C Excludes food processing.
agricultural products
.Parking lou P P --
(commercial and public)
Pottery and ceramics manufacture C -- --
Produce stands -- -- A a. To be used for the sales of agricultural products
(temporary) produced.on the premises.
b. Subject to the,following:
1. Such stands shall not be located closer than 20
feet from any street right-of-way;
2. Such stands shall be of wood frame type
construction;and
3. The accessory signs used to identify the use shall
be located on or adjacent to such stands as set
forth in Section 9-3.543 Signs.
:Public buildings and facilities P P -- a. For CM District-Includes public utilities offices
and exchanges, museums, libraries,governmental
buildings,parks, bus, taxicab, and railroad stations,
tourist information centers, including police and fire -
stations, but excludes schools and hospitals.
b. For IP District-Excludes public schools,police
stations,fire stations, and hospitals.
Publishing and bookbinding P P --
Radio and television towers and C C C Subject to Section 9-3.507 Antennas.
installations, radar installations, -
microwave relay stations,and
cellular towers and installations
(commercial)
G,.ty of San Juan Capistrano Land Use Code
9-3-36 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-6
- Uses in Industrial Districts
(please refer to end of table for notes)
Use CM IP A Notes and Exceptions
Recreational uses C -- -- a. Such as tennis clubs,provided the requirements of
(requiring outdoor facilities) Sections 9-3.501 Accessory Uses and Structures and
9-3.529 Lighting Standards are met.
b. Outdoor:night lighting for such recreational uses,
other than parking lot or security lighting, shall not
be permitted unless included within the conditional
use permit approval.All night lighting, for any
purpose, shall conform to the requirements of 9-
3.529 Lighting Standards.
Recreation and leisure uses C -- Includes uses such as game machine arcades,pool and
(not requiring outdoor facilities) billiard centers, bowling lanes, ice and roller skating
rinks,theaters (excluding drive-ins), athletic clubs,and
health clubs.
Recreational vehicle and C -- --
automobile storage
Recycling facilities P P P Subject to Section 9-3.537 Recycling Facilities. Section
9-3.537 Recycling Facilities identifies the specific allowed
recycling uses,
Religious, fraternal,or service C C C Includes churches, temples, synagogues,monasteries,
organizations religious retreats, and other places of religious worship
(non-profit) and other fraternal and community service organizations.
Repair uses and activities P P -- Includes vehicle repairs and boat maintenance repairs,
muffler,brakes,and transmission repairs. All such
activities must take place within a building and no related
outside storage is allowed.
Research and development P P -- Includes research and development of computer
software, information systems,communication systems,
transportation.,geographic information systems, multi-
media and video technology. Development and
construction of proto-types may be associated with this
use.
Residential dwelling -- -- A One principal residential dwelling per lot as an accessory use
(single-family) to a principal use.
Retail sales of carpeting,furniture, C -- -- a. The premises in question shall meet all the parking
and home appliances requirements set forth in Section 9-3.535 Parking
for such retail sales.
b. No displays of merchandise shall be visible from
Interstate S.
Schools P -- -- a. Includes secretarial, art, dance,drama,and music
(business,vocational, and schools.
I
schools not requiring
outdoor facilities) b. Excludes swimming schools,preschools, and public
and private primary and secondary schools.
',secondhand stores C -- --
City of San Juan Capistrano Land Use Code
9-3-37 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-6
Lases in Industrial Districts
(please refer to end of table for notes)
Use CM IP A Notes and Exceptions
Service uses P C -- a. Includes pest control services,linen and diaper
supply,catering services,printing and reproduction
shops, computer and data processing centers,
plumbing services, and electrical services.
b. Services shall not require extensive on-site customer
access.
Storage and display P A -- Subject to Section 9-3.549 Storage and Display.
'outside)
'Topsoil or fill dirt -- -- C
(processing and/or sales of)
Upholstering shops P P -- All such activities must take place within a building and
no related outside storage is allowed.
Vehicle sales, rental, and leasing P C -- Including automobiles,trucks,recreation vehicles, boats,
uses and personal water craft.
Vehicle storage C C -- Excludes junk yards or automobile salvage.
Veterinary offices and clinics C C --
Warehousing, storage, and P P -- Such as cold storage plants, trucking firms, and beverage
transfer uses distributors,provided such uses have less than 50,000
square feet of floor area.
Warehousing,storage, and C C -- Such as cold storage plants, trucking firms, and beverage
transfer uses distributors, containing 50,000 square feet of floor area or
more.
Wholesaling of products P P -- Such as electrical supplies,plumbing supplies,hospital
and sickroom supplies,plate glass,and mirrors.
Yard storage for construction -- C --
materials
P = Principal use permitted by right
-- = Not permitted
A =Accessory use permitted by right(subject to Section 9-3.501 Accessory Uses and Structures)
C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit)
(c) Development standards
Table 3-7 identifies the development standards for the Commercial Manufacturing (CM).
Industrial Park (IP), and Agri-Business (A) districts.
City of San Juan Capistrano Land Use Code
9-3-38 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-7
Development Standards for Industrial Districts
One Story Two Story Floor Area Ratio
Min.
Min. Street Min. Min. Min. Min. Min. Min. 1 st Flr/ %2nd
Lot Front- Front Side Rear Front Side Rear Lot Flr to Bldg
District Area age' Yd2 Yd2,3 Yd2,4 YdZ Yd2,3 Yd2,4 Area 1 st Flr Hgt
CM 7,200 60 ft. 20 ft. 5 ft. 25 ft. 20 ft. 10 ft. 25 ft. 0.30 75% 35 ft.
sq.ft.
15,00
IP 0 100 ft. 20 ft. 10 ft. 20 ft. 20 ft. 10 ft. 20 ft. 0.30 75% 35 ft.
sq.ft.
- A 10.0 200 ft. 150 ft. 20 ft. 50 ft. 150 ft. 20 ft. 50 ft. 0.10 75% 35 ft.
acres
Note: Min.=Minimum, DU=Dwelling Unit,Yd=Yard, Flr=Floor, Bldg=.Building, and Hgt=Height
' Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance
if all of the following conditions are met:
(a) The lot's street frontage remains a minimum of 20 feet;
(b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion,
which is set back away from the street;
(c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and
(d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for
the loss of street frontage parking.
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps.
The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315
Irregular and Cul-de-Sac Lots).
2 The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular
and Cul-de-Sac Lots.
3 Architectural projections may extend into required side yards no more than 40%of the applicable district requirement,or
more than 3 feet whichever is greater.
4 On lots with an existing building setback encroachment into a required rearyard,structural additions having the same
said encroachments 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 Section 9-3.533
Nonconforming Uses, Lots, and Structures).
(d) Operational standards
Thefollowing operational standards shall apply in the Commercial Manufacturing(CM)and
Industrial Park (IP) Districts;
(1) The following effects shall not be permitted to emanate beyond the boundaries of the
premises upon which such use is located:
(A) Objectionable noise,per Section 9-3.531. Noise Standards and the generation
of heat or cold, direct or reflected glare, or odors or vibrations detectable by
the human senses without the aid of instruments;
City of San Juan Capistrano Land Use Code
9-3-39 November 15, 2002
Cha�Dter 9.3 -Zoning Districts and Standards
Sec. 9-3.307 Public and Institutional (P&I) District
(a) Purpose and intent
The purpose and intent of the Public and Institutional (P&I) District is to:
_ (1) Accommodate the wide range of major public and quasi-public institutional and
auxiliary uses established in response to the health,safety,educational,and cultural
needs of the City; and
(2) Encourage the assembly of specific public, quasi-public, and related facilities into
efficient,functionally-compatible,and attractively-designed administrative centers,
educational institutions, and similar complexes, located and maintained in
conformance with the General Plan.
(b) Uses regulations
(1) Table 3-8 identifies the uses permitted in the Public and Institutional (P&I)District.
(2) Uses listed as conditionally permitted uses are subject to the review requirements and
conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are
subject to the review requirements and conditions contained in Section 9-3.501
Accessory Uses and Structures.
(3) The "notes and exceptions"column of Table 3-8 indicates more precisely the use
regulations for specific uses or operating characteristics. The notes and exceptions
must be reviewed in conjunction with the other information for the class of use.
(4) Certain permitted uses and conditionally permitted uses may be subject to special
conditions regarding location,operation,or the design of the use. The sections of this
title governing these uses are identified in the "notes and exceptions" column of
Table 3-8.
City of San Juan Capistrano Land Use Code
9-3-41 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-8
Lases in Public and Institutional (P&.I) District
(please refer to end of table for notes)
Use P&I Notes and Exceptions
Bed and breakfasts C Subject to Section 9-3.509 Bed and Breakfasts.
Bingo parlors P Shall be conducted in accordance with Title 5, Chapter 4,and
conducted by nonprofit groups operated exclusively for religious,
charitable, scientific,literary,or educational purposes.
Caretaker residences A Subject to Section 9-3.511 Caretaker Residences and Section 9-
(temporary and permanent) 3.553 Temporary Uses and Structures.
Cemeteries C
Clubs and lodges C
(private, nonprofit)
Cultural and exhibition centers P Includes auditoriums, theaters, and convention halls.
(public and private) -
Educational uses C Includes colleges,universities,elementary and high schools, business,
(private) vocational,and professional.schools including art,barber,beauty,
dance, drama,music, and swimming schools,child day care centers,
preschools,and nursery schools.
Health-related institutional uses C Includes assisted care facilities, convalescent and nursing homes,
homes for the aged,children's homes,sanitariums, and hospitals.
alining,oil drilling, and other C Includes necessary incidental buildings and appurtenances.
resource extraction
\lortuaries C
Public buildings and facilities P Includes museums,libraries,government buildings,parks,public
utility offices and exchanges, bus,taxicab, and railroad stations,
police stations, and fire stations.
Radio and television towers and C Subject to Section 9-3.507 Antennas.
installations,radar installations,
microwave relay stations, and
cellular towers and installations
('commercial)
Recreational facilities A a. Facilities shall be incidental to a permitted principal or
(public and private) comparable mobilehome park and must conform to the
requirements of Sections 9-3.501 Accessory Uses and
Structures and 9-3.529 Lighting Standards.
b. The outdoor night lighting of such recreational uses shall not
be permitted unless a conditional use permit is approved by the
City.
Recycling facilities P Subject to Section 9-3.537 Recycling Facilities. Section 9-3.537
Recycling Facilities identifies the specific allowed recycling uses.
Religious, fraternal,or service C Includes churches, temples, synagogues, monasteries, religious
organizations retreats,and other places of"religious worship and other fraternal
(non-profit) and community service organizations. -
City of San Juan Capistrano Land Use Code
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Chanter 9.3 -Zoning Districts and Standards
Table 3-8
Lases in Public and Institutional (P&.I) District
(please refer to end of table for notes)
Use M Notes and Exceptions
Retail and service uses A a. Shall be incidental to and integrated with a permitted principal
use subject to not more:than 20%of total building area.
b. Includes and is generally limited to:
1. Banks, savings and loan institutions,and credit unions;
2. Barber and beauty shops;
3. Book stores;
4. Concession stands, such as news and shoeshine;
5. Drugstores;
6. Florists;
7. Gift and souvenir shops;
8. Offices of nonpro:Fit and civic organizations;and
9. Restaurants and other eating establishments,except drive-
in and drive-thru types.
P = Principal use permitted by right
-- = Not permitted
A =Accessory use permitted by right(subject to Section 9-3.501 Accessory Uses and Structures)
C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit)
(c) Development standards
Table 3-9 identifies the development standards for the Public and Institutional(P&I)District.
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Chapter 9.3 -Zoning Districts and Standards
Table 3-9
Development Standards for the Public and Institutional (P&I) District
One Story Two Story Floor Area Ratio
Min.
Min. Street Min. Min. Min. Min. Min. Min. 1 st Flr/ %2nd
Lot Front- Front Side Rear Front Side Rear Lot Flrto Bld
District Area age' Yd Yd2,3 Yd2,4 Yd2 Yd2,3 Yd2A Area 1 st Flr Hgt
P&I 7,200 60 ft. 20 ft. 5 ft. 20 ft. 20 ft. 10 ft. 20 ft. 0.40 80% 35 ft.
sq.ft. -
Note: Min.=Minimum, DU=Dwelling Unit,Yd=Yard, Flr=Floor, Bldg=Building, and Hgt=Height
Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance
if all of the following conditions are met:
(a) The lot's street frontage remains a minimum of 20 feet;
(b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion,
which is set back away from the street;
(c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and
(d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for
the loss of street frontage parking.
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps.
The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315
Irregular and Cul-de-Sac Lots).
Z The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular
and Cul-de-Sac Lots.
3 Architectural projections may extend into required sideyards no more than 40%of the applicable district requirement, or
more than 3 feet whichever is greater.
4 On lots with an existing building setback encroachment into a required rearyard, structural additions having the same
said encroachments 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 Section 9-3.533
Nonconforming Uses, Lots, and Structures). --
S The PlanningCommission may approve architectural projections res towers and the like) to exceed the maximum -
Y PP (spires,P I ( P� >
height limitations during the consideration of specific development plans. The consideration of allowing the architectural
projection shall require the Planning Commission to review the development plans to insure that the following design
objectives are present:
(a) The architectural projection is consistent with the proposed design theme.
(b) The architectural projection is in scale with the mass of the building.
(c) The architectural projection is consistent with the historical treatment of such elements and the proposed use of the
building.
(d) The square footage area of the architectural projection does not encompass more than one percent of the total
building area.
(e) The architectural projection does not have a sign or other attracting device installed on its face.
(f) The architectural projection does not include habitable square footage.
(d) Development review
Projects proposed within the Public and Institutional (P&I) District shall be subject to
applicable review procedures as set forth in Article 3 'Development Review Procedures of
Chapter 2 of this title.
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Chapter 9.3 -Zoning,Districts and Standards
(e) Supplementary district and temporary use regulations
For sign, parking, fence, swimming pool, and similar regulations for the Public and
Institutional(P&I)District,see Article 5 Supplemental District Regulations of this chapter.
(f) Environmental overlay standards
Standards related to management of project effects on sensitive natural resources (i.e.
floodplains, ridgelines, etc.) shall be as set forth .in Article 4 Environmental Overlay
Districts of this chapter.
Sec. 9-3.309 ®pen Space Districts
(a) Purpose and intent
Thefollouing eight open space districts have been established for thefollovdng purpose and
intent:
(1) General Open Space (GOS) District
The purpose and intent of the General Open Space (GOS) District is to provide for
the possible combined development of several of the uses or the individual
development of one of the uses specifically allayed by the other open space districts
in accordance with the General Plan.
(2) Open Space Recreation (OSR) District
The purpose and intent of the Open Space Recreation (OSR) District is to provide
for the provision of outdoor recreational facilities in accordance with the General
Plan.
(3) Neighborhood Park (NP) District
The purpose and intent of the Neighborhood Park (NP) District is to provide for
well distributed small neighborhood parks to serve residential areas in the immediate
area in accordance with the General Plan.
(4) Community Park (CP) District
The purpose and intent of the Community Park:(CP)District is to provide for major
active recreation sites in accordance with the General Plan.
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Chapter 9.3 -Zoning Districts and Standards
(5) Specialty Park (SP) District
The purpose and intent of the Specialty Park (SP) District is to provide for unique
or specialized forms of recreational activities in accordance with the General flan.
(6) Regional Park (RP) District
The purpose and intent of the Regional Park: (RP) District is to provide for the
future use of the Prima Deshecha landfill as phases are closed and available for active
and passive recreational development in accordance with the General Plan.
(7) Natural Open Space (NOS) District
The purpose and intent of the Natural Open Space (NOS) District is to provide for
natural open space land that separates developed areas from one another,preserves
natural features like creeks, ridgelines, or hillsides, or includes natural hazards like
landslides in accordance with the General Plan.
(8) Recreation Commercial (RC) District
The purpose and intent of the Recreation Commercial (RC) District is to provide
for indoor and outdoor recreational activities in accordance with the General Plan.
(b) Lases regulations
(1) Table 3-10 identifies the uses permitted in the General Open Space (GOS), Open
Space Recreation (OSR), Neighborhood Park (NP), Community Park (CP),
Specialty Park(SP),Regional Park(RP),Natural Open Space(NOS),and Recreation
Commercial (RC) Districts.
(2) Uses listed as conditionally permitted uses are subject to the review requirements and
conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are -
subject to the review requirements and conditions contained in Section 9-3.501
Accessory Uses and Structures.
(3) The "notes and exceptions"column of Table 3-10 indicates more precisely the use
regulations for specific uses or operating characteristics. The notes and exceptions
must be reviewed in conjunction with the other information for the class of use.
(4) Certain permitted uses and conditionally permitted uses may be subject to special
conditions regarding location,operation,or the design of the use. The sections of this
title governing these uses are identified in the "notes and exceptions" column of
Table 3-10. _
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Chapter 9.3 -Zoning Districts and Standards
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 and structures A A A A A A A A
incidental to the
operation of a permitted
use
Archery range C C -- -- -- C -- C
Bed and breakfasts C C C C C C C C Subject to Section 9-3.509
Bed and Breakfasts.
Beer,wine, and liquor -- C -- -- -- -- -- C
licenses, on-sale, for
alcohol consumed on
premises
Camping facilities -- P -- -- -- P
— Caretaker residences A A A A A A A A Subject to Section 9-3.511
(temporary and permanent) Caretaker Residences and
Section 9-3.553 Temporary
Uses and Structures.
a Cemeteries C C C C C C C C
Concession stands A A -- A A A -- A
Dancing and live C C -- -- -- -- -- C
entertainment
Driving ranges C C -- -- -- C -- C
Eating and drinking -- A -- -- -- -- -- A a. Drive-thrus not allowed.
establishments
b. Must be incidental to and
integrated with a principal
use and a conditional use
permit is approved by the
Planning Commission if
alcohol is to be consumed
on the premises or if there
is to be dancing or live
entertainment.
Equestrian facilities C C -- -- -- C -- C Subject to Section 3.515
(commercial and Equestrian Standards.
noncommercial)
Game machines A A -- -- -- -- -- A Must be accessory to a primary
(3 or less) use.
Game machine center C -- -- __ __ __ __ C
Grazing,animal P -- -- -- -- P P
Indoor recreational P -- -- -- -- -- -- P Includes bowling,cinemas,
activities gymnasiums,and similar
activities.
Farming P -- -- -- -- P P --
(crop and tree)
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Chapter 9.3 -Zoning Districts and Standards
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
Golf course C C -- -- -- C -- C The outdoor night lighting of
(regulation or par 3) golf courses shall not be
permitted unless a conditional
use permit is approved by the
City.
Golf course C -- -- -- -- -- -- C
(miniature)
Passive recreation -- C -- -- -- -- -- C Includes museums,private
facilities clubs and lodges, libraries, and
theaters (except drive-ins)
Maintenance/support A A A A A A A A
facilities
Mining, oil drilling, and C C C C C C C C Includes necessary.incidental
other resource extraction buildings and appurtenances.
Multi-purpose sports P P -- P P P -- P
fields and courts
(large)
Nature study center or P -- -- -- P P -- --
similar educational
center
Outdoor amphitheater P -- -- -- -- P -- --
Outdoor recreational P P -- -- -- -- -- P a. Includes swimming
facilities schools and tennis clubs.
(public and private)
b. The outdoor night lighting
of such recreational uses
shall not be permitted -
unless a conditional use
permit is approved by the
City.
Picnic area P P P P P P P P
Fro-accessory shop A A -- -- -- A -- A Must be incidental to a
principal use.
Public facilities and P P P P P P P P
utilities
Radio and television C C C C C C C C Subject to Section 9-3.507
towers and installations, Antennas.
radar installations,
microwave relay stations,
and cellular towers and
installations
(commercial)
Recycling facilities -- -- -- -- -- -- -- P Subject to Section 9-3.537
Recycling Facilities. Section 9-
3.537 Recycling Facilities
identifies the specific allowed
recycling uses.
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Chaloter 9.3 -Zoning Districts and Standards
Table 3-10
Lases in Open Space Districts
(please refer to end of table for notes)
Use GOS OSR NP CP SP RP NOS RC Notes and Exceptions
Religious, fraternal, or C C C C C C C C Includes churches, temples,
service organizations synagogues, monasteries,
(non-profit) religious retreats, and other
places of religious worship and
other fraternal and community
service organizations.
Sports arenas and C -- -- -- -- -- -- C
stadiums
Sports fields and courts P P P P P P -- P
(small)
Tot lots P P P P P P -- P
P = Principal use permitted by right
-- = Not permitted
A =Accessory use permitted by right(subject to Section 9-3.501 Accessory Uses and Structures)
C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit)
(c) Development standards
Table 3-11 identifies the development standards for the General Open Space (GOS), Open
Space Recreation(OSR),Neighborhood Park(NP),Community Park(CP),Specialty Park
(SP),Regional Park(RP), Natural Open Space (NOS),and Recreation Commercial (RC)
Districts.
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Chapter 9.3 -Zoning Districts and Standards
Table 3-11
Development Standards for Open Space Districts
Min.
One Story Two Story Floor Area Ratio
Min. Street Min. Min. Min. Min. Alin. Min. I st Flr/ %2nd
Lot Front- Front Side Rear Front Side Rear Lot Flr to Bldg
District Area age' Yd Yd2,3 Yd2,4 Yd2 Yd2,3 Yd2,4 Area 1 st Flr Hgt
(30S 10 200 ft. 150 ft. 20 ft. 50 ft. 150 ft. 20 ft. 50 ft. 0.10 75% 35 ft.
acre
OSR 1 acre 100 ft. 20 ft. 5 ft. 25 ft. 20 ft. 1 D ft. 25 ft. 0.10 80% 35 ft.
NP 7'200 60 ft. 20 ft. 5 ft. 25 ft. 20 ft. 5 ft. 25 ft. 0.10 80% 25 ft.
sf.ft.
CP 5 acres 150 ft. 30 ft. 20 ft. 30 ft. 30 ft. 20 ft. 30 ft. 0.05 80% 35 ft.
SP 7,200 60 ft. Subject to development and approval of a Specific Plan and development review per
sq.ft. Section 9-2.337 Public Improvement Plans and Outside Agency Development Review.
RP Subject to development and approval of a Specific Plan and development review per Section 9-2.337 Public
Improvement Plans and Outside Agency Development Review
NOS Subject to development and approval of a Specific Plan and development review per Section 9-2.337 Public
Improvement Plans and Outside Agency Development Review
RC 7'200 60 ft. 20 ft. 5 ft. 25 ft. 20 ft. 10 ft. 25 ft. 0.40 75% 35 ft.
sq.ft.
Note: Min.=Minimum, DU=Dwelling Unit,Yd=Yard, Flr=Floor, Bldg=Building, and Hgt=Height
i Lots with street frontages below the minimum set forth in this table may be-permitted without the approval of a variance
if all of the following conditions are met:
(a) The lot's street frontage remains a minimum of 20 feet;
(b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion,
which is set back away from the street;
(c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and
(d) The Planning Commission determines that adequate visitor parking,will be provided on the lot to compensate for
the loss of street frontage parking.
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps.
The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315
Irregular and Cul-de-Sac Lots).
Z The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular
and Cul-de-Sac Lots.
3 Architectural projections may extend into required side yards no more than 40 percent of the applicable district
requirement, or more than 3 feet whichever is greater.
4 On lots with an existing building setback encroachment into a required rearyard, structural additions having the same
said encroachments 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 Section 9-3.533
Nonconforming Uses, Lots, and Structures).
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Chapter 9.3 -Zoning Districts and Standards
(d) Development review
Projects proposed within the General Open Space(GOS),Open Space Recreation(OSR),
Neighborhood Park(NP),Community Park(CP),Specialty Park(SP),Regional Park(RP),
Natural Open Space (NOS), and Recreation Commercial (RC) Districts shall be subject
to applicable review procedures as set forth in Article 3 Development Review Procedures
of Chapter 2 of this title.
(e) Supplementary district and temporary use regulations
For sign, parking, fence, swimming pool, and similar regulations for the General Open
Space(GOS),Open Space Recreation(OSR),Neighborhood Park(NP),Community Park
(CP),Specialty Park(SP),Regional Park(RP),Natural Open Space(NOS),and Recreation
Commercial (RC) Districts, see Article 5 Supplemental District Regulations of this
chapter.
(f) Environmental overlay standards
Standards related to management of project effects on sensitive natural resources (i.e.
floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Overlay
Districts of this chapter.
Sec. 9-3.311 Farm Market (FM) District
(a) Purpose and intent
The purpose and intent of the Farm Market (FM) District is to:
(1) Provide retail facilities which are oriented to and supportive of the agricultural
operation of which they are geographically a part;
(2) Implement the General Plan concept of promoting the long-term viability of farming
operations by providing for the retail sale of farm products; and
(3) Encourage the sale of farm-fresh produce in order to enhance the City's character as
a semi-rural community.
(b) Uses permitted
(1) Table 3-12 identifies the uses permitted in the Farm Market (FM) District.
(2) Uses listed as conditionally permitted uses are subject to the review requirements and
conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are
City of San Juan Capistrano Land Use Code
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Chapter 9.3 -Zoning Districts and Standards
subject to the review requirements and conditions contained in Section 9-3.501
Accessory Lases and Structures.
(3) The "notes and exceptions"column of Table 3-12 indicates more precisely the use
regulations for specific uses or operating characteristics. The notes and exceptions
must be reviewed in conjunction with the other information for the class of use.
(4) Certain permitted uses and conditionally perrnitted uses may be subject to special
conditions regarding location,operation,or the design of the use. The sections of this
title governing these uses are identified in the "notes and exceptions" column of
Table 3-12.
Table 3-12
Uses in Farm Market (FM) District
(please refer to end of table for notes)
Use FM ]votes and Exceptions
Alcoholic beverage retail sale C Sale for off-premise consumption.
(including wine tasting)
Automated teller machine A
Bed and breakfasts C Subject to Section 9-3.509 Bed and Breakfasts.
Caretaker residence A Subject to Section 9-511 Caretaker Residences and
(permanent and temporary) Section 9-3.553 Temporary Uses and Structures.
Cemeteries C
Chid day care centers C
Convenience retail and service uses A a. Such uses shall be determined by the Planning Director
,,'small-scale) to be adjunct and subordinate in scale to a permitted
principal or comparable mobilehome park and be
appropriate and compatible in each individual case.
b. Such uses do not need to be specifically oriented to
agriculture.
c. Such uses shall not exceed 40%of the total square
footage of rentable space on the site.
Delicatessens, snack bars, and ice cream A Adequate parking,consistent with Section 9-3.535
stores Parking shall be provided. _
Dry goods and clothing stores C Shall be related to agriculture and ranching.
Eating and drinking establishments P
Equestrian and leather equipment sales and P
repair
Farm supply and feed stores P
Financial services uses P Includes banks, savings and loan associations, and credit v
unions.
Gasoline or fuel dispensing facilities C May have a Mini-man or Food Convenience Store.
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Chapter 9.3 -Zoning Districts and Standards
Table 3-12
Lases in Farm Market (FM) District
(please refer to end of table for notes)
- Use FM Notes and Exceptions
Laboratories,together with related offices, P
for agricultural consultants, pesticide or
chemical distributors,or farm service
organizations
Medical and dental offices P A maximum of 3 such offices per development.
Mining, oil drilling, and other resource C Includes necessary incidental buildings and
extraction appurtenances.
Nurseries and garden supply stores P Includes the sale of flowers and plants.
(retail and wholesale)
Office uses P Includes business,professional,real estate,travel
(general) agencies,and similar office uses.
Outside sales,displays, and storage A Subject to Section 9-3.549 Storage and Display.
Parking lots A
(commercial and public)
Public buildings and facilities P a. Includes museums, libraries,governmental buildings,
parks,public utility offices and exchanges,bus,
taxicab,and railroad stations,and tourist
information centers.
b. Excludes public schools,police stations, fire stations,
and hospitals.
Radio and television towers and C Subject to Section 9-3.507 Antennas.
installations,radar installations, microwave
relay stations, and cellular towers and
installations
(commercial)
Ranch markets or country stores P a. The main function shall be the sale of fresh farm
products.
b. Bakery goods,fresh meats, and other specialty items
may also be incorporated within the ranch market.
(Such collateral uses may have an outside entrance
separate frona the main entrance to the ranch
market.)
c. Package sales of beer and wine shall be permitted
provided such sales are incidental to the principal
retail operation and there is no consumption on the
premises.
Recycling facilities P Subject to Section 9-3.537 Recycling Facilities. Section
9-3.537 Recycling Facilities identifies the specific allowed
recycling uses.
:Religious, fraternal, or service organizations C Includes churches, temples, synagogues, monasteries,
(non-profit) religious retreats, and other places of religious worship
and other fraternal and community service organizations.
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Chapter 9.3 -Zoning Districts and Standards
Table 3-12
Lases in Farm Market (FM) District
(please refer to end of table for notes)
Use FM Notes and Exceptions
.Retail sales P Retail sales of meats,groceries, baked goods,
(general) pharmaceutical,cosmetics, notions, flowers,jewelry,
stationary, apparel, newspapers, magazines, fabrics,
computers,vides/audio media and similar retail sales
activities which serve neighborhood residential areas.
.Retail sales C Includes groceries, meats, bakery, auto parts supplies,
(large-scale) bicycles, hardware, paint, floor and wall covering
materials, pats, and sporting goods.
;Retail sale (small-scale) and small-scale A
'Finishing or working of such materials as
leather, pottery,jewelry,and similar items
Services or facilities engaged in the sale, C
fabrication, or repair of products related to
i arming
'Veterinary offices and clinics C
Warehouse and storage facilities P Shall be for farm products.
P = Principal use permitted by right
- = Not permitted
A = Accessory use permitted by right(subject to Section 9-3.501 Accessory Uses and Structures)
C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit)
(c) Development standards
The development standards for the Farm Market (FM) Uistrict are identified in Table 3-13.
City of San Juan Capistrano land Use Code --
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Chapter 9.3 -Zoning Districts and Standards
Table 3-13
Development Standards for the Farm Market (FM) District
Min. One Story Two Story Floor Area Ratio
-
Min. Street Min. Min. Min. Min. Min. Min. I st FIr/ %2nd
Lot Front- Front Side Rear Front Side Rear Lot FIr to Bldg
District Area age' Yd Yd2,3 Yd2,4 Yd2 Yd 2,3 Yd2,4 Area 1 st Flr Hgt
FM 1.5 250 ft. 50 ft. 20 ft. I 20 ft. 50 ft. 30 ft. 50 ft. 0.30 50% 35 ft.
acres
Note: Min.=Minimum, DU=Dwelling Unit,Yd=Yard, Flr=Floor, Bldg=,3uilding, and Hb=Height
' Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance
if all of the following conditions are met:
(a) The lot's street frontage remains a minimum of 20 feet;
(b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion,
which is set back away from the street;
(c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and
(d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for
the loss of street frontage parking.
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps.
The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315
Irregular and Cul-de-Sac Lots).
Z The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular
and Cul-de-Sac Lots.
3 Architectural projections may extend into required side yards no more than 40%of the applicable district requirement, or
more than 3 feet whichever is greater.
4 On lots with an existing building setback encroachment into a required rearyord,structural additions having the same
said encroachments 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 Section 9-3.533
Nonconforming Uses, Lots, and Structures).
(d) Development review
Projects proposed within the Farm Market (FM) District shall be subject to applicable
-- review procedures as set forth in Article 3 Development Review Procedures of Chapter
2 of this title.
(e) Supplementary district and temporary use regulations
The supplementary district and temporary use regulations of Article 5 Supplemental
District Regulations of this chapter shall apply to the Farm Market (FM) District, except
when inconsistent with the following provisions,in whiich event the following standards shall
prevail:
(1) Rural environment. Developments in the .Farm Market (FM) District shall
incorporate low profile buildings and a rustic: atmosphere to enhance the rural
City of San Juan Capistrano Land Use Code
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Chapter 9.3 -Zoning Districts and Standards
environment of the community.
(2) Theme. Development within the Farm Market,(FM)District shall establish an early
California or western theme.The building architecture,the character of the parking
areas, and the style of landscaping shall be consistent with such theme. -
(3) Parking
(A) Continuous curbs and/or headers shall be wooden.
(B) Parking facility light fixtures shall complement the development's theme.
(C) All other parking regulations shall be in accordance with Section 9-3.535 -
Parking.
(4) Signs
(A) The materials, lettering styles, and colors of the signs shall be consistent with
the theme established for the project.
(B) Internally illuminated signs within the Farm Market (FM) District shall be
prohibited.
(C) All other sign regulations shall be in accordance with Section 9-3.543 Signs.
(f) Environmental overlay standards
Standards related to management of project effects on sensitive natural resources (i.e.
floodplains, ridgelines, etc.) shall be as set forth irl Article 4 Environmental Overlay
Districts of this chapter.
Sec. 9-3.313 Solid Waste Facility (SWF) District
(a) Purpose and Intent
The purpose and intent of the Solid Waste Facility (SWF) District is to regulate the
development and operation of solid waste landfills inJsuch a manner as to assure consistency
with the General Plan,in particular the Land Use Element and applicable policies.The City
will seek to assure that Iandfills operations are conducted in such a manner that they will
not result in significant impacts to the City, its residents and businesses and that future
redevelopment of landfill sites will result in publicly-beneficial open space and recreation
uses.
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(b) Uses permitted
(1) Table 3-14 identifies the uses permitted in the Solid Waste Facility(SWF) District.
(2) Uses listed as conditionally permitted uses are subject to the review requirements and
conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are
subject to the review requirements and conditions contained in Section 9-3.501
Accessory Uses and Structures.
(3) The "notes and exceptions"column of Table 3-14 indicates more precisely the use
regulations for specific uses or operating characteristics. The notes and exceptions
must be reviewed in conjunction with the other information for the class of use.
(4) Certain permitted uses and conditionally permitted uses may be subject to special
conditions regarding location,operation,or the design of the use. The sections of this
title governing these uses are identified in the "notes and exceptions" column of
Table 3-14
Table 3-14
Uses in Solid Waste Facility (SWF) District
Use SWI~ Notes and Exceptions
Borrow sites C
Caretakers residence A Subject to Section 9--3.511 Caretaker Residences and
(temporary and permanent) Section 9-3.553 Temporary Uses and Structures.
Cemeteries C
- Compostingrgreenwaste facility C
Groundwater monitoring wells A
Household hazardous waste facilities C
Landfill administrative Offices/buildings A
Landfill gas flare stations C
-- .Landfill gas(LFG)utilization system C
Leachate collection and processing C
facilities
:Materials recovery facility C
Methane gas monitoring wells A
Mining, oil extraction,and other resource C Includes necessary incidental buildings and appurtenances.
extraction
Parks and park improvements P Improvements associated with the ultimate use of land for a
(public and private) Regional Plan requires a CUP.
Parking and access drives A
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Table 3-14
Uses in Solid Waste Facility (SWF) District
Use SWF Notes and Exceptions
Radio and television towers and C Subject to Section 9-3.507 Antennas. -
installations, radar installations,
microwave relay stations, and cellular
towers and installations
(commercial) --
Recycling facilities P Subject to Section 9-3.537 Recycling Facilities. Section 9-
3.537 Recycling Fac:1ities identifies the specific allowed
recycling uses.
Religious, fraternal, or service C Includes churches, temples, synagogues, monasteries, religious
organizations retreats,and other places of religious worship and other
(non-profit) fraternal and community service organizations.
Scales,water tanks, detention basins A
Solid waste landfills C
Any similar landfill-related uses C _-
P = Principal use permitted by right
- = Not permitted
A =Accessory use permitted by right(subject to Section 9-3.501 Accessory Uses and Structures)
C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit)
(c) Development requirements
The following requirements shall apply in the Solid Waste Facility (SWF) District;
(1) Solid Waste Facilities Permit (SWFP). Landfills shall be subject to issuance of a
valid Solid Waste Facilities Permit (SWFP) issued by the State of California
Integrated Waste Management Board, including review by the County of Orange
Environmental Health Department, South Coast Air Quality Management District
(SCAQMD), and San Diego Regional Water Quality Control Board (SDRWQCB);
or such other agency with appropriate jurisdiction.
(2) General Development Plan. Operation of solid waste landfills are subject to a City-
approved General Development Plan which addresses physical landfill limits(vertical
and horizontal), total landfill capacity, maximum daily landfilling limits, landfill -
service area limits, landfill access routes, landfill phasing, reuse plan, and financing
plan/strategy for closure, post-closure maintenance, and reuse.
(3) Public ownership. Landfills shall be publicly-owned facilities,but may be operated,
under contract, with private corporations specializing in solid waste landfill
operations.
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(d) Development standards
The development standards for the Solid Waste Facility (SWF)District are designated in the
Prima Deshecha Canada Landfill General Development Plan.
(e) Development review
Projects proposed within the Solid Waste Facility (SWF) District shall be subject to
applicable review procedures as set forth in Article 3 Development Review Procedures of
Chapter 2 of this title.
(f) Supplementary district and temporary use regulations
For sign, parking, fence, swimming pool, and similar regulations for the Solid Waste
Facility (SWF) District, see Article 5 Supplemental :District Regulations of this chapter.
(g) Environmental overlay standards
Standards related to management of project effects on sensitive natural resources (i.e.
floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Review
Procedures of this chapter.
Sec. 9-3.315 Planned Community (PC) District
(a) Purpose and intent
The purpose and intent of the Planned Community (PC) District is to:
(1) Encourage the use of modern land planning and design techniques to create
developments integrating a mixture of different types of land uses;
(2) Realize the economic, social,and aesthetic advantages of combining different types
of land uses in a coordinated community design, such developments to be of
sufficient size to provide related areas for variious uses, which may include varying
housing types; commercial retail and service activities; industrial uses; recreation,
school, and other public facilities; and other appropriate land uses. The regulations
for the Planned Community(PC) District are designed to permit the adoption of a
Comprehensive Development Plan (CDP) providing for a diversity of uses,building
relationships, and open spaces within planned building groups, while insuring
compliance with the General Plan and this Code;
(3) To insure, by means of land use regulations and specific conditions of approval, a
more efficient use of open space, the separation of pedestrian and vehicular traffic,
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increased project amenities and compatibility with surrounding development;
(4) To achieve the coordinated planning and orderly development of different contiguous
parcels of land by means of an approved Comprehensive Development Plan; and
(5) To provide open space, agricultural, and love density residential interim use of
property until a Comprehensive Development Plan (CDP) is approved and
implemented.
(b) Permanent uses permitted
All uses and structures permitted within the City subject to the approval of a Comprehensive
Development Plan and consistent with the General Plan shall be permitted in the Planned —
Community (PC) District.
(c) Interim uses permitted
(1) Table 3-15 identifies the interim uses permitted in the Planned Community (PC)
District until a Comprehensive Development Plan (CDP) is approved and
implemented.
(2) Uses listed as conditionally permitted uses are subject to the review requirements and
conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are
subject to the review requirements and conditions contained in Section 9-3.501 --
Accessory Lases and Structures.
(3) The "notes and exceptions"column of Table 3-15 indicates more precisely the use
regulations for specific uses or operating characteristics. The notes and exceptions
must be reviewed in conjunction with the other information for the class of use.
(4) Certain permitted uses and conditionally permitted uses may be subject to special
conditions regarding location,operation,or the:design of the use. The sections of this
title governing these uses are identified in the "notes and exceptions" column of
Table 3-15.
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Table 3-15
- Interim Lases in the Planned Community(PC) District
(please refer to end of table for notes)
Use PC Notes and Exceptions
Accessory uses incidental to the operation A
of a permitted use
Animal grazing,breeding,boarding, P a. Includes cattle,sheep,goats,and horses.
raising,and training
b. Excludes hog production,commercial livestock feeding
ranches,commercial dairies,commercial horse stables and
equestrian centers,commercial kennels, and the commercial
slaughtering, dressing, or sale of livestock, fowl, or other
animals.
Apiaries P
Bed and Breakfasts C Subject to Section 9-3.509 Bed and Breakfasts.
Caretaker residence A Allowed during the construction of a permanent single-family
(temporary) residence on an individual lot in accordance with the
provisions of Section 9-3.553 Temporary Uses and
Structures.
Cemeteries C
Egg production and sales and the P Subject to the following requirements:
production of chickens,poultry, 1. Any poultry, pigeon, rabbit, or other animal-raising
pigeons,and other fowl,and the building or Enclosure shall be located a minimum of
production of rabbits 300 feet from any existing residential building not
on the premises; and
2. The slaughtering or dressing for sale of poultry,
pigeons, or rabbits shall be permitted only if they are
produced, raised,or fattened on the premises.
Educational and cultural programs A Shall be of a temporary nature and prior approval must be
obtained from the Planning Director.
Employee quarters A Must be of a permanent character placed in permanent
(detached) locations.
Farming P a. Includes all types of agriculture and horticulture.
b. Excludes farms operated publicly or privately for the
disposal of garbage, sewage, rubbish,or offal.
Home businesses A Subject to Section 9-3.523 Home Business.
Horse stables and equestrian centers C Subject to Section 9-3.515 Equestrian Standards.
(commercial)
Kennels A Subject to Section 9-3.525 Kennels.
(noncommercial)
Kennels C Subject to Section 9-:3.525 Kennels.
(commercial)
.Mining,oil drilling, and other resource C Includes necessary incidental buildings and appurtenances.
extraction
!blobilehomes and modular homes on a A Both shall be subject to the provisions of the development
permanent foundation system standards of Section 3-301 Residential Districts.
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Table 3-15
Interim Uses in the Planned Community (PC) District
(please refer to end of table for notes)
Use PC Notes and Exceptions
Nurseries,greenhouses, and plant P Including greenhouses, hydroponic gardens, and similar /
storage facilities.
(resale and wholesale)
Parks P
(private)
Produce stands A a. To be used for the sales of agricultural products
(temporary) produced on the premises. —
b.• Subject to the following:
1. Such stands shall not be located closer than 20 feet
from any street right-of-way;
2. Such stands shall be of wood frame type
construction.;and
3. The accessory signs used to identify the use shall be
located on or adjacent to such stands as set forth in
Section 9-3.543 Signs.
Radio and television towers and C Subject to Section 9-3.507 Antennas.
stations, radar installations, microwave -
relay stations, and cellular towers and
installations
'commercial)
Religious, fraternal, or service C Includes churches,temples,synagogues, monasteries, religious _
organizations retreats, and other places of religious worship and other
(non-profit) fraternal and community service organizations.
Residential dwelling A One principal residential dwelling per lot as an accessory use to a
(single-family) principal use.
Topsoil or fill dirt C
t,processing and/or sales of) —
1' = Principal use permitted by right
- = Not permitted
A =Accessory use permitted by right(subject to Section 9-3.501 Accessory Uses and Structures) _
C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit)
(d) Development requirements
The following development requirements shall apply in the Planned Community (PC)
District:
(1) Procedure for change of district designations to PC. Prior to the acceptance by the
City of a district change petition pursuant to the provisions of Section 9-2.315
Change of Zone District, the applicant shall submit a CDP for the area in question.
The Planning Director shall prescribe the type and form of information required for
the CDP and shall ensure that it is of sufficient detail to allow adequate analysis of
the proposed project.
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Chapter 9.3 -Zoning Districts and Standards
(2) Adoption of Comprehensive Development Plans
(A) Notification of the consideration of the CDP shall be incorporated into the
public hearing notice relative to the district change petition required by the
provisions of said Section 9-2.315 Change of Zone District.
(B) The CDP shall be reviewed with the district change petition pursuant to the
provisions of said Section 9-2.315 Change of Zone District.Action by the Ci y
on the district change petition may be concurrent with, but may not precede,
the approval of the CDP.The CDP may be approved,modified,conditionally
approved, or denied in part or its entirety. If the CDP is approved, the Ci y
Council shall adopt the CDP by ordinance.The adopted ordinance shall specify
all the conditions of approval, if any, along with other matters deemed
appropriate by the City Council.
(C) After the adoption of the district change and the CDP,the designation number
for the CDP shall be entered on the OTcial Zoning Map along with the PC
district designation for the parcel or parcels in question. The PC district
designation,with its CDP designation number,shall refer only to that specific
CDP adopted by the Ci y Council.A summary of allowable uses and development
standards for the adopted CDP will be included in Appendix B Adopted
Comprehensive Development Plans Summary.No other CDP shall be applied
to the PC district, except as provided for through a CDP amendment.
(3) Amendment of Comprehensive Development 1'lans
An adopted CDP may be amended as follows:
(A) If the Planning Commission determiners that the proposed amendment is
consistent with the overall purpose and general design of the original adopted
CDP, the Planning Commission may approve the amendment by resolution.
The amended CDP shall then become the specific CDP associated with the PC
district designation on the Oficial Zoning Map.
(B) If the Planning Commission determines that the proposed amendment is not
consistent with the overall purpose and general design of the original adopted
CDP, or there will be any alteration of land boundaries, the Planning
Commission shall direct the applicant to submit the proposed amendment,
together with a new district change petition, for processing pursuant to the
provisions of subsection (2) of this subsection.
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Chapter 9.3 -Zoning Districts and Standards
(e) Development standards
(1) The permanent development standards for planned community developments shall be
determined by the Planning Commission as follows:
(A) The Planning Commission shall assign the most applicable Base District
development standards, as set forth in Article 3 Base District
Regulations/Standards of this chapter, for each category of land use shown on
the CDP; or
(B) Specific standards may be imposed as conditions of approval of the CDP
provided they are more restrictive than the provisions of Chapters 1 through
5 of this Code; or
(C) A combination of subsection (A) and (B), of this subsection.
(2) Development regulations adopted as a part of the CDP shall supersede other
requirements of this Land Use Code. In cases where an item is not addressed in the
CDP,the appropriate provisions of this Code shall regulate. A summary of development
standards for adopted CDPs are included in Appendix B Adopted Comprehensive
Development Plans Summary.
(3) The development standards for the Agri-Business District,pursuant to Section 9-3.305
Industrial Districts, shall be applied for the interim uses identified in Table 3-15
until a CDP has been adopted and implemented.
(4) Common areas
(A) The CDP,through appropriate legal instruments,such as CC&R,management
agencies, and/or owner associations, shall provide means for the ongoing
maintenance of all open space, private streets,parking lots,buildings, and the
like in the Planned Community(PC) Disixict. Such legal instruments shall be
approved by the City and shall be appropriately recorded prior to the issuance
of building permits.
(B) The CCB&R or other legal instruments shall incorporate the provisions of the
responsible homeowner association for the maintenance of any commonly-
owned land should the City determine after reasonable and customary notice
to the homeowner association that adequate maintenance is not being
performed on such land.
(C) In the case of owner associations, no in-common holding may be sold or
otherwise transferred to the control of any other entity,except one conceived
and designed to fulfill the same basic purposes as the owner association.
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Chapter 9.3 -Zoning Districts and Standards
(f) Development review
(1) Individual development projects proposed to implement an adopted CDP or allowed
interim use within the Planned Community (PC) District shall be consistent with
such CDP, or this Land Use Code, and shall be subject to development review as set
forth in Article 3 Development Review Procedures of Chapter 2 of this title.
(2) The Planning Director shall prescribe the type and form of information required for
review of the CDP.
(g) Supplementary district regulations
(1) For sign, parking, fence, swimming pool, and similar regulations for the Planned
Community (PC) District, see Article 5 Supplemental District Regulations of this
chapter.
(2) Supplementary district regulations adopted as a part of the CDP shall supersede
other requirements of this Land Use Code. In cases where an item is not addressed in
the CDP, the appropriate provision of this Land Use Code shall regulate.
(h) Environmental overlay standards
Standards related to management of project effects on sensitive natural resources (i.e.
floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Overlay
Districts of this chapter.
Sec. 9-3.317 Specific Plan/Precise Plan (SP/PP) District
(a) Purpose and intent
The purpose and intent of the Specific Plan/Precise Plan (SP/PP) District is to:
(1) Provide a means for designating certain areas of the City having important aesthetic,
cultural, historical, or environmental characteristics as special study areas so that
such areas will not be destroyed due to premature or poorly-planned development;
and
(2) Establish a holding district wherein certain low intensity land uses are permitted
while the area in question is studied for the purpose of developing a precise plan for
the development of the area.
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Chapter 9.3 -Zoning Districts and Standards
(b) Permanent principal uses and structures perraitted
Permitted uses and structures in the Specific Plan/Precise Plan (SP/PP) District shall be
designated in a Specific or Precise Plan.The Specific or Precise Plan shall include all parcels within
the district and shall identify the existing and proposed uses on all parcels.
(c) Interim uses permitted
(1) Table 3-16 identifies the interim uses permitted in the Specific Plan/Precise Plan
(SP/PP) District until a Spec f c or Precise Plan is adopted and implemented. -
(2) Uses listed as conditionally permitted uses are subject to the review requirements and
conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are
subject to the review requirements and conditions contained in Section 9-3.501
Accessory Uses and Structures.
(3) The "notes and exceptions"column of Table 3-16 indicates more precisely the use
regulations for specific uses or operating characteristics. The notes and exceptions
must be reviewed in conjunction with the other information for the class of use.
(4) Certain permitted uses and conditionally permitted uses may be subject to special --
conditions regarding location,operation,or the design of the use. The sections of this
title governing these uses are identified in the "notes and exceptions" column of
Table 3-16.
Table 3-16
Interim Lases in the Specific Plan/Precise Plan District
(please refer to end of table for notes)
Use SP/PP Notes and Exceptions
Accessory uses incidental to the operation A
of a permitted use
Animal grazing, breeding, boarding, P a. Includes cattle, sheep,goats, and horses.
raising, and training
b. Excludes hog production,commercial livestock feeding
ranches,commercial dairies,commercial horse stables and
equestrian centers,commercial kennels, and the commercial
slaughtering, dressing, or sale of livestock, fowl,or other
animals.
:Apiaries P "
.Bed and breakfasts C Subject to Section 9-:3.509 Bed and Breakfasts.
(„aretaker residence A Allowed during the construction of a permanent single-family
'temporary) residence on an individual lot in accordance with the
provisions of Section 9-3.553 Temporary Uses and
Structures.
Cemeteries C --
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Chapter 9.3 -Zoning Districts and Standards
Table 3-16
Interim Uses in the Specific Plan/Precise Plan District
(please refer to end of table for notes)
Use SP/PP Notes and Exceptions
Egg production and sales and the P Subject to the following requirements:
production of chickens,poultry, 1. Any poultry„pigeon,rabbit,or other animal-raising
pigeons,and other fowl, and the building or enclosure shall be located a minimum of
production of rabbits 300 feet from any existing residential building not on
the premises•,and
2. The slaughtering or dressing for sale of poultry,
pigeons, or rabbits shall be permitted only if they are
produced, raised,or fattened on the premises.
Educational and cultural programs A Shall be of a temporary nature and prior approval must be
obtained from the Planning Director.
Employee quarters A Must be of a permanent character placed in permanent
(detached) locations.
Farming P a. Includes all types of agriculture and horticulture.
b. Excludes farms operated publicly or privately for the
disposal of garbage, sewage,rubbish, or offal.
—. Home businesses A Subject to Section 9-3.523 Home Business.
Horse stables and equestrian centers C Subject to Section 9-3.S IS Equestrian Standards.
(commercial)
Kennels A Subject to Section 9-3.525 Kennels.
(noncommercial)
Kennels C Subject to Section 9-3.525 Kennels.
(commercial)
.Mining,oil drilling, and other resource C Includes necessary incidental buildings and appurtenances.
extraction
,Mobilehomes and modular homes on a A Both shall be subject ito the provisions of Section 3-301
permanent foundation system Residential Districts.
Nurseries,greenhouses,and plant P Including greenhouses, hydroponic gardens, and similar
storage facilities.
(resale and wholesale)
Parks P
(private)
:Produce stands A a. To be used for the sales of agricultural products
(temporary) produced on the premises.
b. Subject to the following:
1. Such stands shall not be located closer than 20 feet
from any street right-of-way;
-- 2. Such stands shall be of wood frame type
construction;and
3. The accessory signs used to identify the use shall be
located on or adjacent to such stands as set forth in
Section 9-3.543 Signs.
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Chapter 9.3 -Zoning Districts and Standards
Table 3-16
Interim Uses in the Specific Plan/Precise Plan District
(please refer to end of table for notes)
Use SP/PP Notes and Exceptions
Radio and television towers and C Subject to Section 9-3.507 Antennas.
stations,radar installations, microwave
relay stations, and cellular towers and
installations
(commercial)
Religious, fraternal, or service C Includes churches, ternples, synagogues, monasteries,religious
organizations retreats, and other places of religious worship and other
(non-profit) fraternal and community service organizations.
Residential dwelling A One principal resider tial dwelling per lot as an accessory use to a
(single-family) principal use.
Topsoil or fill dirt C
(processing and/or sales of)
P = Principal use permitted by right
-- = Not permitted
A =Accessory use permitted by right(subject to Section 9-3.501 Accessory Uses and Structures)
C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit)
(d) Development standards
(1) The permanent development standards for the Specific Plan/Precise Plan (SP/PP)
District shall be designated in a Spec f c or Precise Plan. The development standards may
be applied uniformly throughout a district or may be applied to individual parcels in
accordance with the provisions of the Spec f c or Precise Plan.
(2) The development standards for the Agri-Business District,pursuant to Section 9-3.305
Industrial Districts, shall be applied for the interim uses identified in Table 3-16
until a Speci is or Precise Plan has been adopted and implemented.
(e) Initiation of Precise Plans
Specific or Precise Plans for the Specific Plan/Precise Plan (SP/PP) District shall only be
initiated by the City Council or by the City Council following the petition by ten (10)percent
or more of the owners of property designated SP/PP.
(f) Development review
Specific or Precise Plans for the Specific Plan/Precise Plan (SP/PP) District shall be subject
to the development review process and shall be adopted and amended in the same manner
provided for a Comprehensive Development Plan as set forth in subsection (d)of Section
9-3.317 Planned Community (PC) District.
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Chapter 9.3 -Zoning Districts and Standards
(g) Supplementary district regulations
(1) For sign, parking, fence, swimming pool, and similar regulations for the Specific
Plan/Precise Plan (SP/PP) District, see Article 5 Supplemental District Regulations
of this chapter.
(2) Supplementary district regulations adopted as a.part of the Specific or Precise Plan shall
supersede other requirements of this Land Use Code. In cases where an item is not
addressed in the Spec f c or Precise Plan,the appropriate provision of this Land Use Code
- shall regulate.
(h) Environmental overlay standards
Standards related to management of project effect, on sensitive natural resources (i.e.
floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Overlay
Districts of this chapter.
(i) Nonconforming uses
If an area is designated Specific Plan/Precise Plan (S.'?/PP) District and a Specific or Precise
Plan is adopted identifies the permitted uses, a minor modification of an existing
nonconforming use may be approved by the City Council The Environmental Administrator
will review all proposed modifications for the purpose of identifying issues and concerns.
The Environmental Administrator will also determine whether any other board or
commission should also review the proposal. Since the following criteria limits the
magnitude of the modifications, the review process should be minimized. The
Environmental Administrator may also require adjoining property owners to be notified of
the review process. The following criteria and limitations will be used to evaluate whether
a requested modification to a nonconforming use is minor:
(1) That the proposal will not interfere with the orderly transition of land uses in
accordance with the adopted Specific or Precise Plan; and
(2) That the proposal will not materially contribute to significant environmental impacts;
and
(3) That the proposal is minor and incidental relative to the existing nonconformity.The
lot size, the size of existing structures, the volurne of business, and other factors will
be considered when determining the magnitucle of the modification.
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Chapter 9.3 -Zoning Districts and Standards
ARTICLE 4. ENVIRONMENTAL OVERLAY DISTRICTS
Sec. 9-3.401 Purpose
The Environmental Overlay Districts, which include the Floodplain Management (FP), Noise
Management (N), and Ridgeline and Open Space Preservation (RP) Districts, established by
Section 9-3.101 Districts Established were created to provide regulations for certain special
aspects of land use and development as they pertain to public safety,environmental protection,
and the preservation of scenic and cultural resources. The Environmental Overlay Districts shall
function as combination or overlay districts. They shall be used in combination with the Base
Districts in the manner described in Section 9-3.403 Designation.
Sec. 9-3.403 Designation
The Environmental Overlay Districts shall be designated by means of thefollowing methods which may
be used alone or in any combination so that the boundaries and regulations of the Environmental
Overlay Districts are most clearly and effectively presented:
(a) By showing additional boundary lines and zone designations on the Oficial Zoning Map by
a pattern or by other appropriate means to show the limits of the Environmental Overlay
District;
(b) By using the method set forth in subsection (a) of this section but using a separate
Environmental Overlay Map as an appendix to the (Yicial Zoning Map. In this case, the
Oficial Zoning Map shall contain a written reference to the Environmental Overlay Map;
and/or
(c) By describing the Environmental Overlay Districts and regulations in the text of this title. In
this case, the Oficial Zoning Map shall contain written references to such textual
descriptions.
Sec. 9-3.405 Floodplain Management (FM) District —
(a) Purpose and intent
The purpose and intent of the Floodplain Management (FM)District is to protect the
public health, safety, and general welfare by discouraging physical encroachments and
development of the 100-year floodplain,and protecting properties and persons from flood
perils. Furthermore, the intent and purpose of this district is to:
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Chapter 9.3 -Zoning Districts and Standards
(1) Maintain the City's eligibility in the Federal Government's National Flood Insurance
Program;
(2) Implement the General Plan Land Use, Conservation and Open Space, Safety, and
- Floodplain Management Elements with respect to special flood hazard areas; and,
(3) Manage land uses and structures by recognizing their risks and the hazards associated
with special flood hazard areas.
(b) Applicability
The provisions of this section shall apply to all lands situated within special flood hazard
areas as delineated by the Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map (FIRM) for the City of San Juan Capistrano dated September 15,
1989 and all subsequent revisions thereof. The FIRMs define the minimum area of
applicability and may be supplemented at City discretion by additional studies which the
City prepares or which are prepared in conjunction with the submission of a floodplain
land use permit application and meet both the City and FEMA standards.
(c) Locational standards
Floodplain land use permit applications for uses orstru aures permitted by subsections(e)(2)
and (e)(4) of this section shall meet the following standards:
(1) Alternative location. No alternative location for the proposed project exists on the
property which is situated outside the limits of the special flood hazard area. In
applying this standard, the City will consider existing development outside of the
floodplain and the extent of reasonable use from which the property owner presently
benefits.
(2) Structures. No enclosed principal or accessory structures shall be permitted within
Special Flood Hazard Zones"A"and"AE,"the:high hazard portion of the 100-year
floodplain.
(3) Significant public need. Channel realignments or major alterations to the channel
cross-section(geometric)shall only be permitted for proposed projects which serve
a"significant public need"including but not limited to flood protection for existing
- development, public utilities, wildlife habitat restoration, public recreational
facilities, primary and secondary arterial roads designated by the General flan
Circulation Element, and other projects which satisfy a specific public need.
(4) Compliance feasibility. Floodplain land use permit applications shall include
information which demonstrates feasibility of the proposed project to comply with
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the provisions of Section 8-11.113, "Standards of construction" to the satisfaction
of the Floodplain Administrator.
(d) Site development standards
Floodplain land use permit applications, building permits, grading permits, and
development permits for uses or structures permitted by subsection (e) of this section shall
comply with the following requirements:
(1) Floodplain impact. Floodplain land use projects shall result in no discernible net
increase in water surface elevation, based on professionally accepted engineering
methodologies, of the 100-year floodplain; shall not create or exacerbate erosive
velocities within special flood hazard areas; and shall not contribute to upstream or
downstream flooding of properties not previously inundated by the 100-year storm
event.
(2) Federal and State agencies. Floodplain land use:projects shall demonstrate evidence
of compliance with all Federal Emergency Management Agency, California Fish and
Game Department, United States Army Corps of Engineer, and Regional Water
Quality Control Board requirements, as amended and in effect at the time the
permit application is submitted and deemed complete.
(3) Site environmental impact. The site specific location of proposed projects within
special flood hazard areas shall be at that location or locations which result in the
least environmental impact as determined by tlhe environmental documents which
are prepared to meet the requirements of the California Environmental Quality Act
(CEQA) as amended.
(e) Land use standards
The following land uses and structures may be permitted within the special flood hazard zones
indicated subject to the applicable standards:
(1) Special Flood Hazard Zones "A"and "AE,"permitted uses subject to approval of
a grading permit, if required,which complies with the standards of subsection (d)
Site development standards:
(A) Agricultural uses including orchards, tree crops, nurseries, and similar
horticultural uses but not including storage buildings, barns, or other accessory
structures.
(2) Special Flood Hazard Zones "A"and"AE,"permitted uses subject to the approval
of a floodplain land use permit which complies with the standards of subsections(c)
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Locational standards, and (d) Site development standards:
(A) Public utility structures and uses including water treatment plants,wastewater
treatment facilities which are consistent with the Master Sewer Plan; and
- transportation structures including bridges, primary and secondary arterial
roads and traffic control/management strictures which are consistent with the
General Plan;
(B) Recreational uses and minor accessory stractures including playgrounds, trails,
golf courses, athletic fields, and accessory parking for recreational uses;
(C) Equestrian facilities such as riding arenas,training areas,and similar uses which
- may include minor accessory structures such as fencing, wash racks, watering
trough, and similar improvements and accessory parking for such uses; and
(D) Flood-control structures including levees, channels, spreading basins,
detention areas,and diversion drains in accordance with plans approved by the
City of San Juan Capistrano.
(3) Special Flood Hazard Zones "AH" and "AO,"permitted uses subject to approval
of a grading permit, building permit, or development permit, if required, which
complies with the standards of subsection (d), Site development standards:
- (A) All uses which are permitted uses within Special Flood Hazard Zones "A"and
- (B) Riding and hiking trails; and
(C) Equestrian arenas and associated accessorystructures including but not limited to
fences,wash racks and watering troughs.
(4) Special Flood Hazard Zones "AH" and "AO," uses permitted subject to the
approval of a floodplain land use permit application which complies with the
standards of subsection (c), Locational standards, and (d), Site development
- standards:
(A) All uses which are permitted subject to approval of a floodplain land use permit
application in Special Flood Hazard Zones "A" and "AE" and are not
specifically permitted by the preceding subsection-,
(B) Accessory recreational,agricultural,and equestrian structures including storage
areas and equipment sheds which are associated with permitted uses in Special
Flood Hazard Zones "A" and "AE," "AH:," and "AO";
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(C) Commercial, industrial, and service structures and uses on existing lots of
record situated wholly within the special flood hazard zone and which are
permitted by the underlying zoning district; and
(D) Residential structures and uses on lots of record situated wholly within the
special flood hazard zone,which have been graded prior to the adoption of this
section and meet the construction standards of Title 8,and which are permitted
by the underlying zoning district.
(f) Floodplain land use permit
Prior to the issuance of any building permit, grading permit, or floodplain development
permit for any structure or use cited in subsection(e)(2) or(e)(4) of this section,the project
shall first secure approval of a floodplain land use application subject to the review
procedures contained in Section 9-2.321 Floodplain Land Use Permit.
Sec. 9-3.407 Cultural Resources/Historic Preservation (HP) District
(a) Purpose and intent
The purpose and intent of the Cultural Resources/1-listoric Preservation (HP) District is
to establish regulations for those areas of the City which, due to their historical or cultural -
significance, require special consideration to insure: their preservation as a community
resource.
(b) Principal uses and structures permitted
The principal uses and structures permitted in the Cultural Resources/Historic Preservation
(HP) District shall be the same as those permitted in the underlying Base District.
(c) Conditional uses and structures
The uses and structures permitted in the Cultural Resources/Historic Preservation (HP)
District subject to the approval of a conditional use permit shall be the same as those
conditionally permitted in the underlying Base District.
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(d) General requirements
(1) Any person desiring to demolish, remove, relocate, or alter any such landmark shall
receive City approval prior to such action, which is set forth in the Inventory of
Historical and Cultural Landmarks(IHCL)or Sensitive Area Map adopted by the Council
by resolution.
(2) Failure to complywith the provisions of thissecton shall constitute sufficient grounds
for the revocation of any grading or building permit and the temporary suspension
of any operation otherwise being carried out in compliance with such permits.
(e) Permits
(1) Any person desiring to demolish,remove,relocate,or alter any landmark set forth in
the IHCL shall be subject to Section 9-2.327 Historical and Cultural landmark Site
Plan Review.
(2) Any person desiring to construct site improvements on property identified on the
Sensitive Area Map shall comply with City Council Policy 601.
Sec. 9-3.409 Noise Management (N) District
(a) Purpose and intent
The purpose and intent of the Noise Management (N) District is to:
(1) Implement the Noise Element of the General Pian;
(2) Mitigate disruptive and annoying sounds and vibrations emanating from freeways,
highways, and other mobile noise sources which are detrimental to the public health,
safety, and welfare;
(3) Require effective exterior-to-interior noise reduction measures in new residential
construction within the City; and
(4) Establish minimum requirements for internal noise reduction in residential units in
- order to achieve adequate acoustical privacy.
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(b) Applicability of regulations
The Noise Management (N) District shall include any area within the City which is
impacted by a mobile noise source which produces within such area an average ambient noise
level of sixty (60) dB(A) or more. The method of noise measurement shall be by means
of a sound level meter as set forth in Section 9-3.531 Noise Standards.
(c) Principal uses and structures permitted
The principal uses and structures permitted in the Noise Management (N) District shall be
the same as those permitted in the underlying Base District.
(d) Conditional uses and structures
The uses and structures permitted in the Noise Management (N) District subject to the
approval of a conditional use permit shall be the same as those conditionally permitted in the
underlying Base District.
(e) Design standards
The following standards shall apply to all residential developments which are constructed
within the Noise Management (N) District:
(1) Structural soundproofing. Soundproofing shall be provided for all dwelling units.The
amount and type of soundproofing for walls, roofs, and windows shall be sufficient
to maintain a maximum ambient noise level in.living areas no greater than forty-five
(45) dB(A)with all windows, doors, and other openings closed.
(A) Windows. To meet the required ambient noise level in living areas,all windows,
both fixed and openable, shall consist of either double-strength glass or
double-paned glass.All windows facing sound waves generated from the mobile
noise source shall be manufactured and installed to specifications which prevent
any sound from window vibration caused by the noise source.
(B) Doors. Doors shall be acoustically designed with Basketed stops and integral —
drop seals.
(C) Roofs and ceilings. Special insulation or design features may be required for roofs
and ceilings to meet the required interior ambient noise level.
(D) Walls. The exterior walls of living areas shall be of a special type construction
and/or include special insulation, depending on the maximum ambient noise
levels generated at any time in a particular area.
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(2) Air-conditioning. Any dwelling unit may be required to be equipped with an air-
conditioning system installed to service all living areas of the dwelling unit.
(3) Noise source buffering. To maintain an ambient noise level no greater than an
average sixty(60)dB(A)in residential yards adjacent to the major noise source,earth
berms, or decorative block or concrete walls„ or a combination thereof, shall be
installed within a landscaped buffer strip.The specific standards for the buffer strip,
such as the width, and the height and all improvements within the strip as deemed
- necessary and desirable,shall be specified during the applicable development review
procedure as set forth in Article 3 Development Review Procedures of Chapter 2 of
this title. The area used for the buffer shall not be included in the required side or
rear yard area or in the required minimum loi' area. Landscaping materials for the
buffer area shall be restricted to hardy evergreen shrubs and trees of a size, species,
and spacing subject to approval by the Planning Director.
Sec. 9-3.411 Ridgeline and Open Space Preservation District
(a) Intent and purpose
The intent of this section is to establish grading and construction zoning controls for the
purpose of implementing preservation of ridgeline goals as stated in the Conservation and
Open Space Element of the General Plan. The controls stated herein shall apply to all
hillside areas for which major ridgeline preservation has been designated on the Oficial
Zoning Map.
(b) Principal uses permitted
The principal uses permitted in the Ridgeline and Open Space Preservation (RP) District
shall be the same as those permitted in the underlying base district,except that no structures
or construction activity of any kind, including but not limited to grading, are permitted.
(c) Specific prohibition
No construction activity, including but not limited to grading, on any major ridgeline so
designated on the General Plan Map shall be allowed; more specifically, no construction
activity, including but not limited to grading, shall be permitted within 200 feet
(horizontal) of a General Plan designated ridgeline, or as designated on a final City
subdivision map in accordance with required development conditions, except as allowed
under subsection (e) Exemptions.
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(d) Applicability
Notwithstanding the specific prohibitions set forth in subsection (c) above,exceptions may
be granted in accordance with the following procedure:
(1) An applicant may file an application for an exception with the Department of Planning
Services. Said application shall be filed on forms and submitted with information as _-
required by the department.
(2) Applications shall be heard following public hearings pursuant to Section 9-3.335 -
Public Hearing Procedures by the City Planning Commission. The Planning
Commission shall forward its recommendation to the City Council for approval,
conditional approval, or denial. -
(3) Required findings. An application for an exception shall not be approved by the City
Council unless the following findings can be made:
(A) Proposedgrading does not encroach into a designated ridgeline except in those
instances where an arterial roadway identified by the Circulation Element of
the General Plan, or other required roadway as determined necessary by the City
to protect the public health,safety and general welfare,or where necessary for —
remedial grading. Special grading techniques are to be used to mitigate their
impact and create a natural appearance with the contouring and blending of
grades and landscaping with the existing topography; and/or
(B) Any construction activity, including but not limited to grading, proposed to
encroach into the 200-foot horizontal buffer adjacent to a designated ridgeline
satisfies the following minimum criteria:
(i) No structure, as defined by the Uniform Building Code, encroaches
visually upon a designated ridgeline by interrupting its skyline profile as
viewed by surrounding valleys, —
(ii) Any construction activity, including,but not limited to grading, does not
encroach upon the ridgeline profile and shall be contoured in such a
manner as to provide a natural appearance. Said design as a minimum
includes the use of variable slope gradients,rounding of tops and toes of
slopes, blending of contours with the natural topography; and
(C) The application is compatible with all provisions of the Conservation and
Open Space Element of the General Plan.
(D) Grading and construction will not occur in areas within or adjacent to the 200 —
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Chapter 9.3 -Zoning Districts and Standards
buffer where the approval of a final subdivision map required the dedication
of open space areas.
(e) Exemptions
The following are exempt from the provisions of this section:
(1) Previously-approved projects exempted. Any development proposal calling for the
construction of a structure in a ridgeline area having already received approval,
pursuant to the adopted regulations in effect at the time of approval, prior to
enactment of this section shall be exempt.
(2) Minor fences. Fences of an open agricultural nature may be permitted subject to
approval by the Planning Director.
(3) City open space projects. Open space projects of City-owned property that is subject
to review under Section 9-2.337 Public Improvement Plans and Outside Agency
Development Review.
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Chapter 9.3 -Zoning Districts and Standards
ARTICLE 5. SUPPLEMENTAL DISTRICT REGULATIONS
Section 9-3.501 Accessory Uses and Structures
(a) General requirements
Accessory uses and structures may be developed as permitted in this section provided such uses
are located on the same lot or parcel of land as the principal use, and such uses are incidental
to, and do not alter, the use of land as permitted within the specific district in which they
are located. _
(b) Accessory structures
(1) Attached accessory structures. A fully-enclosed, attached accessory structure shall be
made structurally a part of the main building and shall comply in all respects with the
requirements of this chapter applicable to the principal structure.Open patio covers
shall be regulated by subsection (d) of this :section. Decks shall be regulated by
subsection (f) of this section.
(2) Detached accessory structures. Detached accessory structures shall satisfy all of the
following requirements:
(A) Shall not exceed the height of the principal structure on the building site;
(B) Shall conform to the front and side yard requirements of the applicable district;
(C) Shall maintain a minimum separation of six (6) feet between the detached
accessory structure and the main building; and
(D) If less than 450 square feet in gross,floor area, the structure shall be located a
minimum distance from the parcel's rear property line equal to the height of
the structure. However, if the structure is 450 square feet or more in gross floor
area, the structure shall conform to the same rear yard setback requirement as
required for main buildings in the applicable district.
(E) For detached fireplaces and landscape structures with a height less than six(6)
feet, they shall maintain the minimum side yard setback for the district, and
maintain a minimum five(5)foot rear yard setback if the height is greater than
six (6) feet. Said structures shall comply with subsection (D) above.
(F) Recreational play structures including swi ngs,playgrounds,etc.,shall maintain
the same side yard setback for the district,with a minimum five (5) foot rear
yard setback. _
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Chaiyter 9.3 -Zoning Districts and Standards
(c) Secondary dwelling units
(1) Purpose. The purpose of this subsection is to provide for the creation of one new
secondary dwelling unit consistent with the General Plan, on lots already containing a
legally-created single-family detached unit in all residential districts where permitted.
Said units shall be exempt from the calculation of General Plan density.
(2) Conditionally permitted secondary units.A maximum of one (1)secondary residential
dwelling unit may be created on a lot already containing one legally established single-
family detached dwelling unit provided a conditional use permit is approved for each such
secondary unit. No such unit may be created or occupied prior to such conditional
use permit approval. Applications for such conditional use permits may be made only
by the record owner or the owner's agent. The information and plans necessary to
support the application shall be as determined by the Planning Director.
(3) Detached, attached. Secondary dwelling units may be detached from, attached to, or
integrated within the principal dwelling.
(4) Development standards. Secondary dwelling units shall conform to the development
standards for the zoning district in which they are located, including, but not limited
-- to,setbacks, height, and minimum open area.
(5) Unit size. Secondary dwelling units shall be no leas than 300 and no more than 1,000
square feet in gross floor area,provided the cumulative building square footage for the
property does not exceed the maximum floor area ratio for the applicable district.
(6) Parking. One (1) off-street covered parking space shall be provided, in accordance
with the standards set forth in Section 9-3.535 Parking, for each secondary dwelling
_ unit in addition to those required for the principal unit. Parking spaces for principal
and secondary dwelling units shall be independently usable, and the use of one space
shall not interfere with access to any other space.
(7) Appearance. The design, materials, and overall appearance of the secondary dwelling
unit shall be generally consistent with the principal unit.
(8) Ownership.Secondary dwelling units shall remain under the same ownership as that of
the principal dwelling and shall not be sold or owned separately from the principal
dwelling.
(9) Other requirements. Other requirements, in addition to those set forth in this
subsection, may be imposed as a condition of the use permit approval if, in the
judgment of the approving body, such measures are necessary to mitigate possible
- adverse impacts of the secondary dwelling unit on the surrounding properties.
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(d) Patio covers
Patio covers may be erected as accessory structures in conjunction with the principal use on the
building site subject to the following requirements:
(1) A wholly enclosed covered patio shall maintaii7 the same yard requirements as set
forth for the main structure.
(2) An open patio cover may be erected within the required rearyard to a minimum of
five (5) feet from the rear property line. Such seructure shall maintain the same front
and side yards as required for the principal structure on the building site.
(3) Patio covers located within the Planned Community(PC) District,Multiple Family -
(RM) District, or Affordable Family/Senior Housing (AF/SH) District where
individual lots for each residential units are not created shall be permitted only upon
the approval of a site plan and building designs by the Planning Commission.
Issuance of building permits shall be approved upon a finding of consistency with the
Planning Commission approved plans.
(e) Tennis courts
The tennis courts permitted in the Agri-Business (A), Residential/Agriculture (RA),
Hillside Residential (HR), Single-Family-40,000 (B.SE-40,000), Single-Family-20,000
(RSE-20,000),Single-Family-10,000(RS-10,000),Single-Family-7,000(RS-7,000),and -
Single-Family-4,000(RS-4,000) districts shall conform to thefollowing development standards:
(1) Location. No tennis court shall be permitted to encroach into the rear,side, or front
yard setback. In addition,tennis courts shall be located no closer than forty(40) feet
from any dwelling on an adjacent lot.
(2) Grading.The total depth of fill area shall not exceed four(4)feet in height. The use
of retaining walls to support this fill is prohibited. The total depth of cut area shall –
not exceed twelve (12)feet in height,provided the cut slope or retaining wall is not
visible from adjoining properties. Tennis courts shall not be located on areas where
the natural slope is in excess of twenty-five (25) percent. —
(3) Fences.The fencing around tennis courts shall riot exceed twelve (12) feet in height
and shall be screened, unless otherwise approved by the Environmental
Administrator.
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Cha,oter 9.3 -Zoning Districts and Standards
(4) Lighting.The maximum height for tennis court lighting(fixture and pole) shall not
exceed eighteen (18) feet.All such lights shall be shielded so as to confine all direct
rays to the subject property and minimize spill-over outside of the tennis court area.
(5) Required review. All tennis courts not requiring a conditional use permit shall be
reviewed by the Environmental Administrator to determine compliance with the
standards set forth in this subsection and to set conditions to minimize adverse
impacts of tennis courts on nearby properties. Such conditions of approval may
include such items as screening and landscaping.
(f� Decks
For purposes of this subsection, "decks" shall mean any platform construction more than
thirty (30) inches above finished grade. Decks may be erected as accessory structures in
conjunction with the principal use on the building site subject to the following requirements:
(1) Attached decks
(A) Setbacks:
(i) Front yard setback. Attached decks shall conform to the front yard
requirements of the applicable district.
(ii) Side yard setback. If an attached deck is 450 square feet or more in gross
floor area, the deck shall conform with the side yard requirement of the
applicable district. If the attached deck is less than 450 square feet in
gross floor area, the deck may extend into a side yard not more than forty
(40) percent of the applicable district requirement or three (3) feet,
whichever is greater.
(iii) Rearyard setback. If an attached deck is less than 450 square feet in gross
floor area, the deck may be located a minimum distance from the rear
property line equal to the height of the structure from finish grade or a
minimum of five (5) feet,whichever is greater. However, if the deck is
450 square feet or more in gross floor area,the deck shall conform to the
same rear yard setback requirement as required for the principal
structure in the applicable district.
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(B) Attached decks over six(6)feet in height measured from finished grade shall not
exceed forty(40) percent of the total length of the main building elevation to
which it is attached.
(2) Detached decks. Detached decks shall comply with the requirements for detached -
accessory structures in subsection (b)(2) of this section.
(g) Additional development standards for accessory structures in residential
districts
Accessory structures located in the 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-4,000 (RG-4,000), Multiple-Family (RM),
Affordable Family/Senior Housing(AF/SH), and Planning Community (PC) districts shall
be subject to the development standards for that district,as well as the following requirements:
(1) Exterior sides which are to enclose the structure shall be finished with wood, stucco,
masonry, or other material of similar texture and durability.
(2) The roof material shall be wood shingle or shake,slate,tile,asphalt shingle,or other
material of similar appearance, texture, substance, and durability.
(3) Roof eaves and gables shall be no less than twelve (12) inches, measured from the
vertical side of the unit,unless otherwise approved by the Planning Director or,upon
referral, the Planning Commission.
(4) Exterior finish colors for accessory structures shall be the same as the principal
structure.
(5) Prohibited materials. The following building materials shall not be used in the
construction and finish of an accessory structure:
(A) Exterior sides of accessory structures shall not use metal siding and/or exposed
metal supports, cloth, canvas, plastic sheeting, corrugated fiberglass, or --
corrugated metal.
(B) Roofs of accessory structures shall not use cloth, canvas, plastic sheeting,
corrugated fiberglass, or corrugated metal.
(C) The use of the above finish materials may be used upon review by the Planning
Director and confirmation by the Planning Commission if it is determined that
the material will have a finish appearance of either wood, stucco or masonry, _
or is used in such a manner that it is not'visible from any off-site properties.
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- (D) Accessory structures listed on the inventory of'historic and cultural landmarks and/or
located in designated historic districts. Existing accessory structures located in a
designated historic district or listed on the Ci y s inventory of historic and cultural
landmarks shall be subject to all provisions of this section with the exception of
prohibited building materials where said material is used as a finish material
on an existing structure.
(h) Exempted structures
An "exempted structure" shall be subject to the following requirements:
(1) Prefabricated sheds. Prefabricated sheds with a projected roof area of 120 square
feet or less are exempt from the provisions of this section.
(2) Awnings.Awnings that use prohibited materials shall be permitted if they meet the
following provisions:
(A) In all residential districts where the awning is structurally attached to the
principal permitted structure and does riot extend more than fifty-four (54)
inches from the wall surface to which it is attached.
(B) In all non-residential districts where the awning is structurally attached to the
principal permitted structure shall be subject to review and approval by the
Planning Commission and/or Planning Director per applicable provisions of this
title.
(i) Accessory structures with prohibited materials
Any existing legal-nonconforming accessory structure with prohibited materials shall be
subject to Section 9-3.533 Nonconforming Uses, Lots, and Structures.
Section 9-3.503 Adult Oriented Business
(a) Purpose and intent
Special locational regulations and operational standards of adult-oriented businesses are
necessary to ensure that the secondary adverse effects caused by the operational
characteristics will not contribute to the blighting or downgrading of the surrounding
neighborhoods, nor the concentration or clustering of such businesses in any area.
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(:hapter 9.3 -Zoning Districts and Standards
(b) Adult-oriented business
Adult-oriented businesses shall consist of the following types of uses as defined in Appendix"A"
of this Land Use Code:
(1) Adult bookstore;
(2) Adult hotel or motel;
(3) Adult mini-motion picture theater, adult motion picture arcade, adult motion picture theater; _
(4) Adult cabaret, nightclub theater or other establishment which features live
performances where such performers are distinguished or characterized by an -
emphasis on specified sexual activities or specified anatomical parts;
(5) Encounter center or rap studio as defined in Appendix "A" of the this Land Use Code;
or
(6) Adult model studio.
(c) Establishment
Adult-oriented businesses may be established as a principal permitted use in those districts so
identified under Article 3 Base District Regulations/Standards of this chapter. Said
establishment of use shall be subject to the following locational and design standards:
(1) The adult-oriented business shall not be located within three hundred(300)feet of any _
residential zone or use unless the proposed location of the adult-oriented business is
physically separated from the residential zone or residential use by a freeway or
storm drainage channels for Trabuco and San Juan Creeks.
(2) The adult-oriented business shall not be located within three hundred (300)feet of any
lot upon which there is properly located a public park,school (public or private) or
religious institution, unless the proposed location is physically separated from the
public park, school or religious institution by a freeway or storm drainage channels
for Trabuco and San Juan Creeks.
(3) The adult-oriented business shall not be located within 1,000 feet of any other adult-
oriented business.
(4) The adult-oriented business shall provide one parking space per occupant as based upon
the maximum occupancy as determined by the building official. Said off-street
parking area and the premises entries shall be illuminated from dusk to closing hours
of operation with a lighting system consistent with the design provision of Section
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Chapter 9.3 -Zoning Districts and Standards
9-3.529 Lighting Standards which provide, an average maintained horizontal
illumination of one footcandle of light on the parking surface and all walkways.
(5) The adult-oriented business shall be located completely within a permanent building
affixed with a foundation to the ground.
(6) The exterior of the building including windows and entrances shall be designed to
prohibit the observation of any materials or activities depicting,describing or relating
to any speci ied sexual activities or spec f ed anatomical parts from any location outside the
establishment's building. This provision shall preclude any display, decoration, sign
(excepting the name of the facility), show window or other opening.
- (7) The adult-oriented business premises shall provide sufficient sound-absorbing
insulation so that noise generated inside the pr;mises is not audible anywhere on any
adjacent property or public right-of-way or within any other building or other separate
- unit within the same building or other buildings located on the same property.
(8) All interior areas of the premises within which patrons are permitted (except
restrooms) shall be open to an unobstructed view with the naked eye, and without
the aid of any cameras, mirrors or other devices by the management at all times.
(9) An interior floor plan shall designate all areas of the establishment that patrons or
visitors are permitted, along with areas that are to be restricted to employees' use
only.
(10) Separate restroom facilities shall be provided for patrons/visitors and employees.These
separate facilities shall include separate restrooms for male and female patrons and
separate restroom facilities for male and female employees.The restrooms shall be free
from any sexually oriented material. Restrooms shall not contain television monitors or
other motion picture or video projection, recording or reproduction equipment.
City of San Juan Capistrano Land Use Code
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Chapter 9.3 -Zoning Districts and Standards
(11) All areas of the adult-oriented business shall be illuminated at the following minimum
footcandle levels: _
Adult-Oriented Business Minimum Footcandles
.Bookstores and other retail 20
establishments
Theaters and cabarets 5
(except during performances,
at which times lighting shall be
at least 1.25 footcandles)
Adult Arcades 10
Motels/hotels 20 (in all public areas)
Modeling/rap studios 20
(12) All live performance areas shall be upon a stage at least eighteen (18) inches above
the level of the floor which shall be separated by a distance of at least ten (10) feet
from the nearest area designated for patrons and visitors. This ten (10) foot
separation will be restricted to employees only while the stage is occupied by a
performer.
(13) Separate dressing facilities shall be provided and exclusively dedicated for the use of
performers.
(14) Access for performers between the stage and the dressing rooms shall be completely
separated from the patrons.
(15) The business shall provide an entrance/exit for performers and employees which is
completely separate from the entrance/exit used by patrons.
(16) Fixed rail(s)at least thirty(30) inches in height shall be maintained establishing the
separations between performers and patrons required by this subsection.
(d) Operational standards
Adult-oriented businesses and adult-oriented business performers shall comply with the
following operational standards. Failure to comply with.these operational standards may be
cause for suspension or revocation of the adult-oriented business permit and/or the adult- --
oriented business performer permit.
(1) No performer, either before, during or after performances, shall have physical
contact with any patron and no patron sha.11 have physical contact with any
performer either before, during or after performances by such performer. This
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Chapter 9.3 -Zoning Districts and Standards
section shall only apply to any physical contact on the premises, including the parking
lot of the adult-oriented business.
(2) No patron shall directly pay or give any gratuity to any performer.
(3) No owner or other person with managerial control over the adult-oriented business (as
that term is defined by the Municipal Code) shall permit any person on the premises
of the adult-oriented business to engage in a live showing of the human male or female
genitals, pubic area or natal cleft with less than a fully opaque coverage, and/or the
- female breast with less than a fully opaque coverage over any part of the nipple or
areola and/or covered male genitals in a discernible turgid state.This provision may
not be complied with by applying an opaque covering simulating the appearance of
- the specified anatomical part required to be covered.
(4) Adult-oriented businesses shall employ security guards in order to maintain the public
peace and safety based upon the following standards:
- (A) Adult-oriented businesses featuring live entertainment shall provide at least one
security guard at all times while the business is open. If the occupant limit of
the premises is greater than thirty-five (3 5)persons,an additional security guard
shall be on duty. One additional security guard shall be added for each
additional increase in occupancy of thirty-five (3 5)persons.
(B) Security guards for other adult-oriented businesses shall be required at a ratio of
one guard for every 100-person occupancy limit.
(C) Security guard(s) shall be charged with preventing violations of law and
enforcing compliance by patrons of the: requirements of these regulations.
Security guards shall be uniformed in such a manner so as to be readily
identifiable as a security guard by the public and shall be duly licensed as a
security guard as required by applicable provisions of State law. No security
guard required pursuant to this subsection shall act as a door person, ticket
seller, ticket taker, admittance person, or sole occupant of the manager's
station while acting as a security guard.
(5) Adult-oriented businesses shall be open for business only between the hours of 8:00
a.m. and midnight on any particular day.
(6) All indoor areas of the adult-oriented business within which patrons are permitted,
except restrooms,shall be open to an unobstructed viewwith the naked eye Aithout
the aid of any cameras,mirrors or other devices from a manager's station located in
the public portion of the establishment by the management at all times.
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Chapter 9.3 -Zoning Districts and Standards
(7) The building entrance to an adult-oriented business shall be clearly and legibly posted
with a notice indicating that persons under eighteen (18) years of age are precluded
from entering the premises. Said notice shall be constructed and posted to the
satisfaction of the Planning Director or designated representative. No person under the
age of eighteen (18) years shall be permitted within the premises at any time.
(8) No patron is permitted access to any area of the premises which has been designated _
as an area in which patrons are not to be permitted.
(9) Adult-oriented businesses that have individual viewing areas shall comply with the --
following:
(A) The view area shall remain unobstructed by any doors, walls, merchandise,
display racks, or other merchandise and shall be visible at all times by
management as specified by subsection (d)(6), above.
(B) No individual viewing area may be occupied by more than one person at a time.
(C) The walls or partitions between individual viewing areas or booths shall be
maintained in good repair at all times,with no holes or other openings in any
wall or partition of any individual viewing.area such as to allow physical contact
through a partition between the occupant of any such individual viewing area
and a person on the outside.All individual viewing areas shall be separated from
other individual viewing areas by a five (5) foot buffer.
(D) Customers,patrons,or visitors shall not be allowed to stand idly by the vicinity
of any such individual viewing area or from remaining in the common area of
such business, other than the restrooms, who are not actively engaged in
shopping for or reviewing the products available on display for purchaser —
viewing.Signs prohibiting loitering shall be posted in prominent places in and
near the video booths.
(E) The floors, seats, walls and other interior portions of all individual viewing
areas shall be maintained clean and free from waste and bodily secretions.
(10) Everypermittee of an adult-oriented business which provides live entertainment depicting
spec f ed anatomical parts or involving specified sexual activities, must maintain a register
of all persons so performing on the premises and their permit numbers. Such register
shall be available for inspection during regular business hours by any sheriff's deputy
or health �fficer retained as an employee by the City. --
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Chanter 9.3 -Zoning Districts and Standards
(11) Every adult-oriented business shall display at all times during business hours the permit
issued pursuant to the provisions of Title 5, Chapter 27 of the Municipal Code for
such adult-oriented business in a conspicuous place so that the same may be readily
seen by all persons entering the adult-oriented business.
(12) Each adult-oriented business performer required to have a permit shall have such card
available for inspection at all times during which such person is on the premises of the
adult-oriented business.
__. (13) It shall be unlawful for any permittee,operator,or other person in charge of any adult-
oriented business to employ,or provide service for which it requires such permit,to any
person who is not at least eighteen (18) years of age.
(14) It shall be unlawful for any adult-oriented business permittee, adult-oriented business
operator or other person in charge of any adult-oriented business to permit to enter, or
remain within the adult-oriented business, any person who is not at least eighteen (18)
years of age.
(15) It shall be unlawful for any adult-oriented business owner, adult-oriented business
operator, manager, or adult-oriented business permittee in charge of or in control of
an adult-oriented business which provides live entertainment depicting spec f ed
anatomical parts or involvingspecifr'ed sexual activities to allow any person to perform such
entertainment who is not in possession of a valid,unrevoked adult-oriented business
— performer permit.
(16) An applicant or permittee shall permit representatives of the Sheriff's Department,
Orange County Environmental Health Department,Orange County Fire Authority,
Department of Planning Services,or other City Departments or Agencies to inspect
the premises of an adult-oriented business for the purpose of insuring compliance with
the law and the development and performance standards applicable to adult-oriented
businesses,at any time it is occupied or opened for business.A person who operates an
adult-oriented business or his or her agent or employee is in violation of the provisions
of this section if he or she refuses to permit such lawful inspection of the premises at
any time it is occupied or open for business.
(17) The provisions of the section regulating adult-oriented businesses are not intended to be
exclusive and compliance therewith shall not excuse noncompliance with any other
regulations pertaining to the operation of businesses as adopted by the City Council.
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9-3-91 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Section 9-3.505 Affordable Housing Requirements
(a) Purpose and intent
The purpose and intent of the affordable housing requirements in this section are to achieve -
the following:
(1) To create affordable housing requirements to facilitate the development of
residential housing opportunities for low and very low income senior/households
within the Ciy;
(2) To comply with state law to provide twenty-five (2 5) percent densi y bonuses for the
creation of affordable housing projects which guarantee accessibility of housing for —
qualified low and very low income seniors and households for ten (10)years;
(3) To complywith state law to provide density bonuses and an additional incentive for the
creation of affordable housing projects which guarantee long-term(thirty(30)years)
accessibility of housing for qualified low and very low income seniors and
households;
(4) To establish development criteria to ensure that the design of affordable senior and
household housing projects are consistent with the City's General Plan Community
Design Element and Architectural Guidelines.
(b) Affordable housing policies
City policies aimed at achieving the purpose and intent of this section are as follows:
(1) Development restrictions. Development should be designed to be compatible with
adjacent uses and to promote high quality affordable housing projects within all zone
districts.
(2) Materials and design. Materials and design shall be of high quality and architectural
design and should be consistent with other City design standards.
(3) Affordable Housing In-lieu Fees. In-lieufees shall be collected pursuant to Section
9-5.103 Housing In-lieu Fee to facilitate the development of affordable housing
opportunities.
(c) Density bonus description
(1) The Density Bonus program is hereby created to permit affordable senior/household
residential units subject to Ciy Council approval of a density bonus permit in the
following districts:
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Chapter 9.3 -Zoning Districts and Standards
(A) Hillside Residential(HR),Single-Family-.10,000(RS-10,000),Single-Family-
7,000 (RS-7,000), and Single-Family-4,000 (RS-4,000);
(B) Residential Garden-7,000 (RG-7,000) and Residential Garden-4,000 (RG-
4,000);
(C) Multiple-Family (RM) and Affordable Family/Senior Housing (AF/SH);
(D) Mobilehome Park (MHP);
(E) Tourist Commercial(TC),General Commercial(GC),and Office Commercial
(OC);
(F) Specific Plan/Precise Plan (SP/PP); and
(G) Planned Community (PC).
(d) Density bonus - Ten (10) years affordable housing program description
(1) Applicability of density bonus. To qualify for a density bonus the application must
meet the following criteria:
(A) At least twenty(20) percent of total units must be affordable to qualified low
income and an additional ten (10)percent of the units must be affordable and
available to qualified very low income households; or
(B) At least fifty (50) percent of total units :must be affordable and available to
qualified low and very low income seniors (sixty-two (62) years of age or
older);
(C) All of the above designated units must have ten (10) year affordability
agreements recorded against the property.
(D) The densly bonus shall be as calculated as (General Plan Density) X (Density
Bonus of 1.25) = Number of Maximum 'Llnits per Acre Permitted.
(e) Density bonus/additional incentive - Thirty (30) years affordable housing
program description
(1) Applicability of density bonus and additional incentive. To qualify for use of the a
densiy bonus and additional incentive the following criteria apply:
(A) At least twenty(20)percent of total units must be affordable by qualified low
income and an additional ten (10) percent of the units affordable to qualified
- CiV of San Juan Capistrano Land Use Code
9-3-93 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
very low income households; or
(B) At least fifty(50)percent of total units must be affordable to qualified low and
very low income seniors (sixty-two (62) years of age or older);
(C) All of the above designated units must bye insured continual affordability for
thirty (30) years by execution of an affordability agreement recorded against
the property.
(2) Densiy bonuses with an additional incentive shall be granted using the following —
formula used to determine permitted number of units:
The number of units that can be considered for any eligible property shall be
determined using the following formula and numbers provided in Table 3-17 below:
(General Plan Density) X (Density Bonus of 1.25) X (Average Unit Size per District)
divided by(Proposed Unit Size) = Number of Maximum Units per Acre Permitted.
Table 3-17
Density Bonuses with an Additional Incentive Formula
Zone Average General Plan Density
Unit Size
HR, RS-10,000, RS-7,000, and RG- 2,000 Per General Plan Density
7,000
RS-4,000 and RG-4,000 1,500 Per General Plan Density
RM,AF/SH 1,200 Per General Plan Density
TC, GC,and OC 2,000 Per predominate/adjacent General
Plan Density
PC
SP/PP varies Based upon a floor area ratio of 0.40
(� Application review process
All applications shall be reviewed in accordance with the provisions of Title 9 of the
Municipal Code. The City Council, upon recommendation by the Planning Commission,
shall make a positive finding for each of the following categories before approving an
application:
(1) General plan consistency.A finding that the project application is consistent with the
General Plan Land Use Element if the intensity of development is in compliance
with the design standards as outlined in Table 3-17.
Findings of inconsistency with other elements shall be restricted to specific areas of -
City of San Juan Capistrano Land Use Code -
9-3-94 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
demonstrated public health and safety hazards to future residents of the proposed
development.
(2) Municipal Code consistency.A finding that the project application is consistent with
- design criteria herein as well as meeting all other provisions of this Title 9.
(3) Potential adverse impacts on adjacent properties.A finding that the project does not
have an adverse impact upon the surrounding properties that can not be reduced or
minimized by a design change or condition regulating the project's operation.
(4) CC & R. A finding that the CC &A have included the provisions and terms of
affordability as drafted in the affordability agreement for the project.
(g) Information to be submitted with project application for affordable
family/senior housing developments processed with orwithout a density bonus
In addition to the materials required to be submitted with project applications pursuant
to Article 3 Development Review Procedures of Chapter 2 of this title,thefollowing items
shall be submitted for review of any project subject 1_0 this section:
(1) Draft affordability agreements guaranteeing afi'ordability for minimum often (10)
or thirty (30) years, whichever is applicable. Said agreements shall contain the
following information:
(A) In the case of for-sale housing developments,the affordability agreement shall
provide for the following conditions governing the initial sale and use of target
-- units during the use restriction period:
(i) Target units shall, upon initial sale or subsequent sale within the use
restriction period) be sold to eligible very low or lower income
households at an a�ordable sales price and housing cost, or to qualified
residents(i.e.maintained as a senior citizen housing development)as defined
by this chapter.
(ii) Target units shall be owner occupied by eligible very low or lower income
households during the use restriction period, or by qualified residents
in the case of a senior citizen housing development.
(iii) The initial owner or subsequent owners of target units, excluding senior
citizen housing developments, shall grant the City right of first refusal to
purchase the target units during the use restriction period. A subsidy
recapture provision,with a repurchase option to maximize the potential
for purchase by very low or lower income households will be utilized to
maintain the use restriction. The City reserves the right to purchase the
City of San Juan Capistrano Land Use Code
9-3-95 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
target units or delegate its purchase authority to another governmental
entity or qualified nonprofit housing development corporation during _
the use restriction period.
(B) In the case of rental housing development the affordability agreement shall -
provide for the following conditions governing the use of target units during the
use restriction period:
(i) The rules and procedures for qualifying tenants, establishing affordable
rent, filling vacancies, and maintaining target units for qualified tenants;
(ii) Provisions requiring owners to verify tenant incomes and maintain books
and records to demonstrate compliance with this chapter, _r
(iii) Provisions requiring owners to submit an annual report to the City which
includes the name, address, and income of the each person occupying
target units,and identifies the number of bedrooms and monthly rent or
cost of each target unit.
(iv) Occupancy limitations shall be included which limit occupancy of rental
units to the formula approved by the United States Department of
Housing and Urban Development.
(v) Prohibition of sub-leasing of target units.
(C) All affordability agreements shall contain the following:
(i) Total number of units approved for the housing development,including
the number of target units;
(ii) The location,unit sizes in square feet,and number of bedrooms of target
units;
(iii) Tenure of use restrictions for target units of at least ten (10) or thirty
(30)years, in accordance with this chapter; _
(iv) Schedule for completion and occupancy of target units;
(v) A description of remedies for breach of the agreement by either party
(the City may identify tenants as third party beneficiaries under the
agreement); and
(vi) Any other provisions required by the Planning Director to ensure
implementation and compliance with this chapter.
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Chapter 9.3 -Zoning Districts and Standards
(D) Said affordability agreements must contain a pro-forma analysis to
demonstrate per unit cost of construction if assistance is requested.
(E) The affordability agreement shall be adopted as an attachment to the CC&R
for the project.
(h) Environmental review
Environmental review shall be carried out in accordance with the California Environmental
-- Quality Act, and where possible, required development review processing will be
expedited.
(i) Senior/household affordable housing program development standards
The following standards shall be used in the design of all qualified projects:
(1) Height. Units shall not exceed two (2) stories in height as measured from average
finished grade.
(2) Parking. Parking requirements shall be as follows:
(A) Senior housing (sixty-two (62) years of age or older): one covered space per
unit, plus one space per each ten (10) unitsfor visitor parking.
(B) Non-senior/household housing:two(2)spaces per unit,one of which must be
covered, plus one space per each two (2) units for visitor parking.
(C) All structures shall have a minimum setback of twenty (20) feet from all project
boundaries.
(3) Senior housing (sixty-two (62)years of age or older)
(A) Drop-off areas are to be located at key access points around the project.
(B) Traversing paths shall have an easy grade (1:18)with resting spots to provide
for comfortable retreat and exercise.
(C) There shall be lighting for steps, ramps, curb cuts, and potentially hazardous
areas.
(D) Doorways shall be wide enough for a single wheelchair to pass.
(E) Paved surfaces should be non-slip and non-glare.
City of San Juan Capistrano Land Use Code
9-3-97 November IS, 2002
Chapter 9.3 -Zoning Districts and Standards
Section 9-3.507 Antennas
(a) Purpose and intent
This section provides standards for the development of communication systems and their
support components in San Juan Capistrano. The standards are intended to balance rights
and privileges granted under federal statutes with the need to ensure a quality community
aesthetic.To maintain the aesthetic quality of San Juajn Capistrano,co-location of cellular,
pcs, or other wireless antennas is encouraged by the City.
(b) Antenna regulations (excluding amateur radio antennas)
This subsection addresses the regulation of all antennas except for amateur radio antennas, —
which are addressed in subsection (c) of this section.
(1) Video and radio antennas
(A) Allowable video and radio antennas. The following antenna are allowed in all districts
subject to subsection (b)(1)(C) Development standards of this section and
subsection (b)(3) Design standards of this section:
(i) Common skeletal radio and television antennas,excluding amateur radio,
used to receive UHF, VHS, AM and FM which do not extend higher
than twelve (12) feet above the roofline of the main building.
(ii) Dish antennas that are one (1) meter or less in diameter and do not
extend higher than twelve (12) feet above the roofline of the main
building.
(iii) Antennas designed to receive videe programming services via MMDS
(wireless cable) of one (1) meter or less in diameter or diagonal
measurement which do not extend higher than twelve (12) feet above
the roofline of the main building.
(B) Conditional uses.Antennas described in subsection(A)of this subsection exceeding --
twelve (12) feet in height above the roofline of the main building are subject to
Conditional Use Permit review pursuant to Section 9-3.317 Conditional Use
Permit. A finding that the additional height is necessary to receive an adequate
signal and that the public safety will not be negatively affected is required for
approval of the Conditional Use Permit.Antennas with an approved Conditional Use
Permit are subject to subsection(b)(1)(C)Development standards of this section
and subsection (b)(3) Design standards of this section
City of San Juan Capistrano Land Use Code _
9-3-98 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(C) Development standards. Table 3-18 identifies the developments standards
applicable to all video and radio antennas located in the City.
Table 3-18
Video and Radio Antenna Development Standards
(Excluding Amateur Radio Antenna
- Zone
Development
Standards Residential Commercial Industrial/All Other
Zones
Restriction on Location No antenna or its supporting structure shall be located in the area between the front
property line and the main structure or building.
Permitted Location Rear or side yard, except Rear or side yard, except Rear or side yard, except
street side. street side. street side.
Distance from Property Side yard setback for district and at least 5 feet from the back property line.
Line(minimum)
Maximum Permitted 12 feet higher than the roofline. (a)
Height
Maximum Number of 2
Antennas per Lot (including telecommunication and amateur radio antennas)
Roof-mounted Antennas Only when required for Yes, if mounted on flat Yes, if mounted on flat
Permitted? adequate signal reception, portion of roof with portion of roof with
parapets or other screening parapets or other screening
that matches structure that matches structure
architecture. architecture.
Note: (a) Unless a Conditional Use Permit is approved. A variance is not required if the allowable antenna height
exceeds the maximum height allowed in the base district.
(2) Telecommunication antennas and facilities
(A) Conditional uses. All telecommunications antennas and facilities, including
cellular, pcs, and other wireless telecommunication services, are a comparable
mobilehome park for all districts, subject to Conditional Use Permit review and
approval, as specified in Section 9-2.317 Conditional Use Permit.
Telecommunications antennas and facilities will only be conditionally allowed
in residential districts when the applicant can prove that the facility is required for
adequate signal reception. All telecommunications antennas and facilities are
subject to subsection (b)(2)(B) Development standards, of this section and
subsection (b)(3) Design standards, of this section.
- (B) Development Standards. Table 3-19 identifies the developments standards applicable
to all telecommunication antennas and facilities located in the Ciy.
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Chapter 9.3 -Zoning Districts and Standards
Table 3-19
Telecommunication Antennas and Facilities Development Standards
Development Industrial/All Other
Standards Residential Commercial Zones
Location In District Only allowed when Minimum set back of 300 Minimum set back of 300
required for adequate feet from any residential feet from any residential
signal reception. zone. zone.
Restriction on Location No telecommunications antenna or its supporting structure shall be located in the
area between the front property line and the main structure or building.
.Permitted Location on Rear or side yard, except Rear or side yard, except Rear or side yard.
.Property street side. street side
.Distance from Property Side yard setback for Side yard setback for Side yard setback for
.Line (minimum) district and at least 5 feet district and at least 5 feet district and at least 5 feet
from the back property from the back property from the back property
line. line. line. ---
(3) Design Standards
(A) Design Standards. All antennas, excluding amateur radio antennas, including guy
wires, supporting structures, and accessory equipment, shall be located and
designed to minimize their visual impact as viewed from surrounding
properties and public streets. The following minimum design standards shall
apply:
(i) Material used. All antennas and supporting structures or components
shall be of non-reflective,glare-reducing materials. Colors and materials
for antennas and their components shall be chosen to minimize visibility
and to match or blend with the primary background.
(ii) Screening. All telecommunications antennas and facilities, including
cellular, pcs, and other wireless communications antennas, shall be
designed to blend with the surrounding environment and to be as
unobtrusive as possible. Screening shall be provided in the form of
fencing, landscaping, structures, or Parapets integral to the building, as
shown in Figure 3-2. Such screening and maintenance shall be provided
to the satisfaction of the Planning Director.
(iii) Multiple-use facilities. Antennas may be integrated into existing or newly
developed facilities and structures that are functional for other purposes,
such as ballfield lights, flag poles, and clock towers. All multiple-use
facilities shall be designed to camouflage the antennas,as shown in Figure
3-1. _
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Chapter 9.3 -Zoning Districts and Standards
Ball Field Lights
Antennas
Figure 3-1
Multiple-Use Facilities Antenna
(iv) Building-mounted antennas. Building-mounted antennas shall be integrated
into the architecture of the building or structure, or be designed to be visually
integrated with the host structure, as shown in Figure 3-2.
Antennas
Building
Figure 3-2
Building-Mounted Antennas
(B) Performance Standards
The following regulations shall apply to the establishment, installation, and
operation of all antennas, excluding amateur radio antennas, in all districts:
- (i) Telecommunications facilities shall be located no closer to existing or
other approved telecommunication facilities than the minimum distance
City of San Juan Capistrano Land Use Code
9-3-101 November 15, 2002
(:hapten 9.3 -Zoning Districts and Standards
necessary to provide adequate service.
(ii) Antennas shall use the smallest and least visually intrusive antennas and
components that meet the requirements of the facility.
(iii) No advertising materials shall be allowed on any antenna.
(iv) Underground electrical wiring. All electrical wiring associated with any
antenna shall be buried underground or otherwise hidden in a manner
acceptable to the Planning Director.
(v) Projection. No portion of an antenna array shall extend beyond the
property lines or into any front yard area. Guy wires may be attached to
the building, but shall not be anchored within any front yard area.
(vi) Adequate grounding. Every antenna must be adequately grounded with
a ground wire for protection against a direct strike of lighting in a
manner acceptable to the Building Official.
(vii) Maintenance. All screening elements including building and landscape
elements shall be maintained in a safe and structurally sound condition
consistent with approved plans.
(c) Amateur radio antenna regulations
(1) The following regulations shall apply to amateur radio antennas.These regulations shall
not preclude enforcement by homeowner associations or private parties of Covenants,
Conditions and Restrictions (CCBzR), Declaration of Restrictions, or any other private
contracts or agreements between parties. Amateur radio antenna permit
applications shall be approved administratively by the Planning Director provided the
antennas meet the criteria and development standards contained in this section.
(2) Amateur radio antenna development standards. Amateur radio antennas, structures, ~'
and masts that comply with the development standards specified in this section are
permitted, subject to issuance of an antenna permit from the Planning Department
and any other applicable City permits (i.e. building permit, etc.).
The development standards criteria regulating height,setbacks,location, and maximum
number of antennas are set forth in Table 3-20. Other additional requirements
include:
City of San Juan Capistrano Land Use Code —
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Chapter 9.3 -Zoning Districts and Standards
Table 3-20
Amateur Radio Antenna Regulations for All Districts
Maximum Setbacks Ground-Mounted Roof-Mounted I Finish
Height Location Location
Ground-Mounted: Front: Reoryard only. Shall be located All antennas
Retractable antenna support Prohibited. rear of center line visible from off-
structure fully extended Antenna support of main structure. site shall be in a
including antenna(s) from Side: structures may be finish deemed
finish grade: 75 Antenna support located in a required unobtrusive to
structures shall rearyard and shall be the
Antenna support structure for comply with located as far neighborhood
vertical whip antenna(s): setbacks for accessory forward as possible where located, as
Maximum 35 height at structures. from rear property determined by
base with maximum Overhangs, line.Antenna support the Planning
antenna height of 55 projections, structure shall be no Director.
arrays, and guy closer than 20' from
Antenna support structures for wires shall any neighboring
array antennas in excess of maintain a residential structure.
35 shall be retractable to minimum setback
35'when not in use. Base of 5'. For corner All ground-mounted
of vertical whip antenna shall lots, overhangs, antennas shall be
not exceed 35' with projections, screened from
maximum antenna height of arrays,and guy neighboring
55' from finish grade. wires shall properties and streets
maintain a by walls,fences or
Antenna support structures and minimum 10' landscaping at least
_ antennas exceeding the side yard setback 6' in height to
above height limits are closest to any obscure visibility at
subject to approval of an adjacent street ground level from
exception.An exception or and/or parkneighboring
variance is not required if (whichever results properties,
the above height limitations in least visual Landscaping shall be a
exceeds the maximum impact). type and variety
height allowed in the base capable of obscuring
district.All array antennas Rear: the visibility of the
must be ground-mounted. Ground-mounted antenna within one
antenna support year. The screening
Roof-Mounted: structures shall be requirement may be
- .Array antennas prohibited. located as far reduced if
For vertical whip antennas, forward as landscaping inhibits
base shall not exceed 35', possible from rear the antenna's
with 55'maximum antenna property line.A reception window,
height from finish grade. minimum setback as determined by
of 5'shall be the Planning Director.
'Vertical whip antennas with maintained for
a base height exceeding 35' overhangs,
and/or a maximum antenna projections,
height greater than 55'are arrays, and guy
subject to approval of an wires.
Exception.
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Table 3-20
Amateur Radio Antenna Regulations for All Districts
Radio Other Max. No. of
Signs Frequency Wiring Requirements Antennas
(RF) Radiation
No sign, flag, or lights of No transmitting All electrical and Ground-mounted Maximum of 3
antenna or facility, antenna wiring shall antennas shall not as follows:
any kind shall be posted or
displayed on any antenna. except as be encased in tubing reduce the area --
categorically or other devices required for One antenna
excluded by the acceptable to the parking, internal support structure
FCC, shall exceed Planning Director circulation, or with maximum
the radio and/or concealed to other development extended height
frequency(RF) the maximum standards in the of 75',
radiation limits extent feasible to City's Municipal retractable to 35'
established by the minimize visual Code. when not in use.
ANSI/IEEE for an impact.
"uncontrolled All antennas shall Two additional
environment." be permanently antenna support
The applicant shall mounted, and no structures for
be responsible for antenna may be vertical whip
providing installed on a antennas with the
evidence of portable or base at a
compliance with movable structure. maximum height
applicable of 35and a
standards. maximum
antenna height of
55'from finish
grade.
(A) License requirement.An applicant for an amateur radio antenna shall possess a valid
amateur radio license issued by the FCC.A copy of the amateur radio license
shall be required upon submittal of an antenna permit application to the City.
(B) City permit requirement. Prior to installation or modification of an amateur radio
antenna, an applicant shall obtain:
(i) Approval of a permit for the antennc from the Department of Planning
Services;
(ii) A City building permit, if required by the Building Official, and shall
comply with all applicable regulations imposed by the Building and -
Engineering Department.
(3) Administrative approval of antenna permit. The Planning Director shall prescribe the
type and form of information required to process an administrative amateur radio
antenna permit. The administrative permit shall be processed according to Section
9-2.303 Administrative Approvals.
(4) Emergency services. Upon permission by the amateur radio operator, the City will
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Chanter 9.3 -Zoning Districts and Standards
include the individual's name, address, and contact numbers on an emergency
resource volunteer list for inclusion in the City's emergency plan.
(5) Antenna maintenance. All property owners must maintain their antennas to the
minimum levels of maintenance care as set forth below:
(A) Finish. The antenna finish shall be maintained in such a manner that its
appearance is unobtrusive and blends with the neighborhood in which it is
located.Any conditions relating to antenna finish imposed by the City shall be
maintained consistent with the condition of permit approval.
(B) Screening. All landscaping required by the City to provide screening shall be
maintained in a healthy condition free of dead, decayed, overgrown, or
discarded plant material.The type and location of landscape material shall be
maintained consistent with the permit approval.
(C) Mechanical/structural.All mechanical,structural,and moving parts of the antenna
support structure and/or antennas (including wires, projections, and array
elements)shall be maintained in good working order and in a safe appearance.
(d) Nonconforming antennas
All nonconforming antennas lawfully constructed and erected prior to the effective date
of the ordinance codified in this section are subject to Section 9-3.533 Nonconforming
Uses, Lots, and Structures.
(e) Abandonment
(1) All approvals for antenna facilities shall be in effect only while the facilities are being
operated on a continual basis. When the use is replaced or discontinued for a period
of 180 days, the approval shall lapse, and the operator or property owner shall be
required to remove the facility and all associated equipment, and to restore the
property to its original or otherwise acceptable condition,subject to the approval of
the Planning Director.
(2) For all antenna facilities requiring a Conditional Use Permit, a faithful performance bond
to ensure the removal of abandoned facilities shall be posted prior to the issuance
of building permits in accordance with Section'9-5.101 Fees,Deposits,and Bonds.
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(f) Compatibility of regulations
Notwithstanding the regulations contained in this section, the provisions of this Code shall
comply with the regulations of the Federal Communications Commission, as may be
amended, that apply to antennas.
Section 9-3.509 Bed and Breakfasts
(a) Purpose and intent
The City finds and determines that the purpose and .intent of this section is to:
(1) Preserve and maintain structures within the City of historic,architectural,and cultural
significance and allow for the adaptive reuse for economic benefit in such structures
including bed and breakfast establishments; _
(2) Promote and enhance the City's economic health,in particular the tourism industry,
by providing for the development of alternative visitor accommodations;
(3) Assure that the development of bed and breakfast establishments is accomplished in an
appropriate manner and is compatible with existing development, in particular
single-family residential neighborhoods;
(4) Assure that bed and breakfast establishments are operated and maintained in such a
manner so as to be conducive to protecting the health, safety, and general welfare
of City residents and visitors to the community.
(b) Land use regulations
(1) Bed and breakfast establishments may only be developed within a structure which has been
listed on the "Inventory of Cultural and Historic landmarks," or designated as a State
Historic Landmark or as a National Historic Landmark. In such cases,conditional use
permits will be subject to review and recommendation by the Cultural Heritage
Commission.
(2) The development of any bed and breakfast establishment shall be subject to approval of
a conditional use permit by the Planning Commission as provided by Section 9-2.317
Conditional Use Permit.Such uses shall be required to demonstrate compliance with
all provisions contained within this section as well as other applicable sections of the
title. f
(3) Site development and architectural alterations. No building alterations/additions
shall be permitted which detract from the architectural significance of the structure.
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All exterior building alterations and site development shall be subject to
development review as provided under Section 9-2.313 Architectural Control
Review. Furthermore, exterior building alterations shall be consistent with the
criteria established by the Secretary of the Interior's"Standards for Rehabilitation."
(c) Development standards
Bed and breakfast establishments shall comply with the following standards:
(1) Off-street parking. Off-street parking shall be.provided at the rate of two (2) spaces
for the resident manager and one space for each guest room.The design and location
of entrances and off-street parking shall be consistent with the provisions of Section
9-3.535 Parking. Guest parking shall be situated to the rear or sides of the principal
structure.
(2) Signs. Bed and breakfast establishments shall be limited to one externally-illuminated sign
not exceeding eight (8) square feet in area and will be reviewed as part of the
development review process. The materials and design of signs shall be compatible
with the architectural style of the principal structure. Signs shall not be situated
within the required setbacks of the district in which the establishment is located.
(3) Number of rooms. The maximum allowable number of rooms will be determined
by the Planning Commission as part of the conditional use permit process.
(4) Significant site features. The Planning Commission,as a condition of approval,may
require the preservation and maintenance of sig lificant features includinglandscaping
or historic, architectural, or cultural features of the structure or property.
(d) Operational standards
(1) Board accommodations. Guest rooms shall not be provided with kitchens nor
similar food preparation facilities. Establishments may provide complete boarding
for guests only. However, if the zone district in which the establishment is located
allows restaurant uses, such uses may be permitted in conjunction with the bed and
breakfast use.
(2) Guest term. Guests may be permitted to stay within a single establishment not more
than fourteen (14) continuous days during any given thirty (3 0) day period.
(3) Resident manager. The manager of the bed and breakfast establishment shall reside
within the bed and breakfast structure and the primary use of the structure shall be
residential. The manager may be the property owner or person retained by the
property owner for the specific purpose of managing the bed and breakfast
- establishment.
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(4) Time share facilities.Time share facilities shall be prohibited within bed and breakfast
establishments.
(5) Weddings. Weddings, wedding receptions, and similar activities shall only be _
permitted subject to the approval of a conditional use permit by the Planning
Commission, pursuant to Section 9-2.317 Conditional Use Permit.
(e) Public health requirements
(1) Health permit. Bed and breakfast establishments and restaurants in conjunction with
such establishments shall be required to comply with the Orange County Health
Department provisions and secure any necessary permits prior to the conditional use
permit becoming effective.
(2) Fire and life safety.Guest rooms shall be provided with a smoke detector,hand-held
fire extinguisher, and evacuation plan subject to the review of the Orange County
Fire Authority. The City may require the installation of a sprinkler system or other
appropriate safety measures on the recommendation of the Orange County Fire
Authority.
Section 9-3.511 Caretaker Residences
Caretaker residences may be developed as permitted in specific district per this chapter for the
exclusive use of personnel employed for the maintenance and security of the principal use,subject
to the following provisions:
(a) Outside the Floodplain Management District
(1) Permanent caretaker residences located outside the Floodplain Management District are
subject to the following requirements:
(A) Must be listed as a permitted use in the applicable district.
(B) Must meet all yard setback requirements of the applicable district.
(b) Within the Floodplain Management District
All caretakers residences situated within the Floodplain Management District shall comply
with the provisions of Section 9-3.405 Floodplain Management (FM) District as well as
the provisions established by this section.
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(c) Temporary caretaker residences
Temporary caretaker residences are subject to Section 9-3.553 Temporary Uses and Structures.
Section 9-3.513 Dust Control
(a) Unlawful nuisances
No person may willfully make or maintain,or cause to be made or maintained,any unusual
and unnecessary dust which causes discomfort or annoyance to any person of normal
sensitivities.Standards which may be considered in determining whether a violation of this
subsection exists may include, but not be limited to the following factors:
(1) The intensity of the dust;
(2) The origin and composition of the dust;
(3) The proximity to residential areas;
(4) The duration of the dust,whether continuous or intermittent;
(5) Whether the dust is produced by commercial or noncommercial activities; and
(6) The presence of other contributing factors.
- (b) General requirements
Any person engaged in the construction, repair, remodeling, grading, excavating, or
landscaping of any real property, as a minimum precaution and as a preventative measure,
shall be required to do the following:
(1) The site, and the areas traversed or used by vehicles, including trucks and other
equipment and machinery,shall be sprayed and watered sufficiently to suppress dust
penetration at all times.
(2) All such vehicles and equipment shall travel along established and properly watered
- roadways at all practicable times.
(3) All vehicles hauling dirt or other particulate material shall be sprayed prior to their
leaving the construction or grading site.
(4) All operations which tend to create or cause dust shall be suspended when the wind
velocity is sufficient to cause dust by its own force and intensity.
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(5) The maximum speed of all trucks and other vehicles within the site shall not exceed
fifteen (15) miles per hour.
(6) The area or site shall be sufficiently secured to prevent the intrusion of unauthorized
vehicles at all times.
(7) All vehicles handling dirt to or from a construction site shall be required to have their —
wheels scrubbed prior to leaving the project site to remove dirt from wheels.
(8) All development projects that are importing/exporting dirt shall be required to maintain
all streets in a dirt free condition.
(9) All development projects shall comply with National Pollutant Discharge Elimination
System and Best Management Practices as appropriate.
(c) Applicability
The provisions of this section shall apply to all land use activities, except that it shall not
apply to agricultural activities provided that the cornbined disturbed surface area within
one continuous propery line and not separated by a paved public road is 10 acres or less,
nor apply to other exceptions as allowed by the South Coast Air Quality Management District v
Rule 403.
(d) Violations
Any person violating any provision of this section shall be subject to the penalties set forth
in Section 9-1.201 Violations and Penalties. In addition,the operation or maintenance of
any device, instrument, vehicle, equipment, or machinery in violation of any provision of
this section,which operation or maintenance causes discomfort or annoyance to persons of
normal sensitivities or which endangers the comfort,repose,health,or peace of residents
in the area, shall be deemed and declared to be a public nuisance and may be subject to
abatement summarily by a restraining order or an injunction issued by a court of
competent jurisdiction.Furthermore,the expense of such abatement,by resolution of the
City Council, may be declared to be a lien against the property on which such nuisance is
maintained, and such lien shall be made a personal obligation of the property owner.
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Chapter 9.3 -Zoning Districts and Standards
Section 9-3.515 Equestrian Standards (Commercial and Non-
Commercial Stables
This section sets forth the development and operational standards for commercial and non-
commercial (residential) equestrian facilities.
(a) Commercial stables
(1) Commercial stables defined. For the purposes of this section, "commercial stable"shall
mean and include any place where equines are kept, or are offered or available to be
kept, housed, boarded, lodged, fed, hired, trained, sold, rented, or bred as for
monetary compensation.
(2) Setbacks. The setback requirements set forth in Table 3-21 shall pertain to all
structures,including,but not limited to paddocks,corrals,arenas,and fly-tight manure
bins, except pastures, grazing areas, and access roads.
Table 3-21
Commercial Stable Setback:s
Location Minimum Setback
Front Yard 50 feet*
Interior Side Yard 25 feet*
(may be reduced to five(5) feet if the interior side
yard is adjacent to another commercial stable)
Exterior Side Yard 50 feet from the paddocks, manure bins, arenas, and
corrals*
Rear Yard Five(5) feet
*All structures shall maintain a minimum of 100 feet from any property
which is used,zoned,or shown on the General Plan for residential use. No
paddock,box stall,or corral shall be located within 100 feet of any school,
hospital or similar institution as measured from the properly line.
(3) General development standards. The establishment of a commercial equestrian
stable, as defined by this section and as identified in specific zoning districts, shall
require approval of a conditional use permit.The requirement for a conditional use permit
is necessary in order to consider the followinp issues before such a use could be
established: (1) ability of the site to accommodate the use; (2) compatibility of
keeping of horses with adjacent areas;(3)determination on the number of horses that
the site and its specific location can accommodate;and (4)compatibility of its design
with the surrounding land uses. The following general development standards shall be
satisfied for the maintaining of horses:
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Chapter 9.3 -Zoning Districts and Standards
(A) Density. The maximum density shall be one acre for every ten (10) horses
where the stable does not have access to a designated equestrian/hiking trail. If
it has direct access to a designated equestrian/hiking trail,maximum density for
commercial stables shall be twenty-eight (28) horses per usable acre. For the
purposes of this section, "usable acre"is defined as that portion of the total site
which is relatively flat (not exceeding ten (10) percent slope) and which does
not encroach into the 100-year flood area as defined by Section 8-11 of this —
Code.
(B) Maximum building height.The maximum building height shall be twenty(20)feet
for all structures where horses are kept. .Structures used for the storage of hay
may not exceed thirty-five (35) feet.
(C) Landscaping and irrigation.The landscaping and irrigation system shall be subject
to review during the development review procedure and shall require the -
following:
(i) Commercial stables located adjacent to residentially zoned land or public
streets shall provide a fifteen (15) foot landscaped buffer area.
(ii) A five (5) foot buffer area with perimeter trees and shrubs shall be
provided adjacent to property lines.
(iii) An approved irrigation system shall be provided.
(D) Signs. Signs shall conform to the requirements of Section 9-3.543 Signs. --
(E) Access roads.All access roads shall be paved or equivalent material approved by
the City Engineer. The extent of paved roads shall be determined during the
development review.
(F) Building Area. A maximum of twenty (20) percent of the usable site may be ✓
devoted to buildings, covered areas, feet( storage structures, paved parking
areas, barns, caretaker residence, covered paddocks, offices and other covered
structures. Uses which are not to be considered in calculating building coverage
are those support uses which are open in character,including but not limited
to open arenas,open paddocks,pastures,hot walkers,wash racks,picnic areas,
etc. "Usable site" is that defined by subsection (a)(3)(A) of this section.
(4) Specific development standards. All corrals, stalls, arenas, exercise rings, caretaker
housing, and accessory structures shall conform to the following requirements:
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Chapter 9.3 -Zoning Districts and Standards
(A) Paddocks/box stalls. There shall be one paddock or box stall provided for each
-- equine; provided, however, a mare and foal may be together within the same
paddock for a period not to exceed eight (8) months. Paddocks or box stalls may
be designed for more than one equine; provided, however, all the standards
shall be multiplied by the number of equines. Each equine paddock shall meet
the following requirements:
(i) The minimum size paddock shall be 288 square feet, with a minimum
dimension of twelve (12) feet, and shall have a minimum five (5) foot
high fence.
(ii) Box stalls may be used instead of open paddocks. Such stalls shall provide
a minimum of 144 square feet per equine(measured from the center line
of the wall). A mare and foal may be together within the same stall for
a period not to exceed eight (8) months.
(iii) Each paddock or box stall shall be provided with a combination manger
and feeder and a system of providing clean fresh water to each paddock.
Such a system shall use one or more of the following methods:
(a) Automatic watering cups or drinking devices; and
(b) Water barrels or troughs. If used, such facilities shall be cleaned
twice weekly and be filled with fresh water daily.
(iv) Each paddock shall be provided with a minimum of ninety-six(96)square
feet of shelter covering with a minimum dimension of eight (8) feet.
Shelters shall be sloped in such a manner as to insure the off-site
drainage of the paddock area or be: equipped with rain gutters to carry
water off the site.
(v) Paddock floors shall be graded to allow for drainage.
(vi) Paddocks and box stalls located within recognized flood plains shall be
designed in such a manner as to insure a minimum impediment of water
flow. Each paddock shall meet the fcillowing requirements:
(a) Paddocks/box stalls shall be of either wood frame or approved
prefabricated metal design.
(b) Such structures shall conform to the standards of the Uniform
Building Code.
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Chapter 9.3 -Zoning Districts and Standards
(c) Totally enclosed wall paddock/box stall structures shall be
prohibited.
(d) Partially enclosed paddocks shall be capable of removal.
(vii) Commercial stables located outside recognized flood plains may have
exterior walls constructed as required for permanent buildings. The
interior surfaces of such walls shall be finished with smooth, hard
nonabsorbent materials.
(viii) Paddock fencing shall be either wood or metal bar construction.
(ix) Paddock fences and gates shall be capable of supporting a force of 150 --
pounds per square foot with the load applied three (3) feet from the
ground surface.
(B) Wash racks. There shall be one wash rack provided for every fifty (50) equines,
but in no case shall there be less than one wash rack. Each wash rack shall
meet the following requirements:
(i) The minimum size wash rack area shall be six(6)feet wide and eight(8)
feet long.
(ii) Each wash rack shall be provided with a permanent watering system.
(iii) Each wash rack shall be constructed with concrete slab flooring with a
rake finish.A gravel or other approved material may be applied over the
concrete slab so as to prevent slipping.
(iv) Each wash rack shall be connected to an approved drainage system.
(C) Employee housing. In order to provide for the health and safety of equines and
structures,caretaker residences may be established on the premises. Such residences
shall meet the requirements set forth in Section 9-3.511 Caretaker
Residences.
(D) Grading.In all enclosures where equines are maintained,the land surface of such
enclosures shall be graded above the remaining land surface for drainage
purposes.
(E) Exercise rings. Exercise rings shall maintain a minimum dimension of thirty(3 0)
feet.
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Chapter 9.3 -Zoning Districts and Standards
(F) Arenas.Arenas shall maintain a minimum 10,000 square feet with a minimum
dimension of eighty (80) feet. If arena lights are proposed, the location and
design shall be in conformance with Section 9-3.529 Lighting.
(G) Public toilets. A minimum of one public toilet for each sex shall be provided.
Portable outdoor sanitation facilities shall be permitted for areas located
within a recognized flood zone. All other facilities shall be of permanent
construction.
(H) Storage and tack areas. Storage and tack areas shall be provided and designated
on the site plan. All such structures shall be designed for easy evacuation where
located within a flood zone and shall be of a uniform design, including
materials, earth-tone colors, and a non-reflective roof.
(I) Trash. Trash, solid waste disposal areas, and dumpsters shall be designed and
conveniently located with an all-weather access road provided.
(J) Lighting. All security lighting shall be such that it is directed onto the site.
(K) Telephones.A public telephone shall be available for use by any individual in the
event of an emergency.
(L) Maintenance. All stables shall be maintained in such a manner as to insure the
health and safety of all equines and the structural integrity of buildings, corrals,
and fences.
(M) Evacuation. All stables located within a flood plain shall have an evacuation
program for all equines, and accessory buildings.
(5) Stable management. The management of commercial stables shall meet the
requirements of the County Environmental Health Department to keep
environmental problems at a minimum.
(6) Development procedures. The procedures for development shall be as set forth in
Article 3 Development Review Procedures of Chapter 2 of this title.
(7) Operational standards. The standards set forth in this subsection are intended to
provide for the free circulation of air and ma)dmum exposure to sunlight for the
purpose of providing sanitation within commercial equestrian facilities within the
City.
(A) Manure storage and disposal. Manure storage and disposal shall be by one or
more of the following methods:
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(i) Manure shall be removed from the premises every day,unless it is kept in
a covered bin or box made of sound metal, brick stone, concrete, or
wood lined with fly-tight materials or buried in the ground and covered
with earth or other materials sufficient to prevent the attraction or
breeding of flies or other insects.
(ii) Manure shall not be permitted to remain in any bin or box for a period
longer than seven (7) days.
(iii) Automatic fly misters shall be installed and used where manure is stored.
(iv) Immediate off-site deliveries to farmers for direct fertilizer use or to a
County landfill shall be permitted.
(v) Additional methods for manure disposal shall be approved by the
Planning Director.
(B) Rodent control. Rodent control shall be diligently practiced, and the entire
premises shall be kept in an orderly and sanitary condition to prevent possible
rodent infestation. Thefollowing guidelines and criteria shall be considered in
reviewing plans and operations:
(i) All dry grains shall be stored in rodent-proof metal containers,and hay
shall be stored in a covered structure on a cement slab or on a raised
wood platform which maintains a minimum clearance of six(6) inches
above the ground.
(ii) Any tack equipment, device, substance, or material shall be stored on
racks or shelves at least twelve (12) inches above the floor surface. Tack
room floors shall maintain a minimum clearance of four (4) inches -
above the ground.
(C) Water management. Special attention shall be given to water systems because _.
accumulations of manure, bedding, and,/or feed with water are ideal for fly
production. For the effective reduction of such fly-production sources, the
following standards are to be maintained:
(i) A non-leak valve for all troughs, bowls, cups, and other water sources --
shall be provided.
(ii) Automatic valves, or sanitary drains if the water flow is continuous, shall
be installed in all large troughs or cups.
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Chapter 9.3 -Zoning Districts and Standards
(iii) In paddocks and corrals,the earth surface shall be properly graded to suit
the master drainage plan so that rainwater and overflows from water
troughs do not form ponds. Property shall maintain all drainage devices
consistent with NPDES permits.
(iv) Back-siphoning devices shall be installed to protect the public water
supply.An approved pressure vacuum breaker is required on the water
line serving the paddocks. The vacuum breaker shall be at least twelve
(12) inches above the highest point of the water usage, or an approved
double-check valve may be acceptable.Back-siphoning devices shall not
be required for automatic water cups.
(D) Stable sanitation. Good sanitary methods around barns, stalls,paddocks, arenas,
tack sheds, and the quarters of the owner or caretakers are as important as
manure management. A general cleanup program should accompany the
manure management system. Weed control near stables, corrals, water
troughs,and surrounding areas around paddocks helps the sun to penetrate and
allows the movement of air,which helps to dry the manure and reduce resting
places for certain flies.Controlling weed growth from open waste water drains
reduces potential habitats for flies, gnats, and mosquitos.
(E) Dust control. Continuous dust control of the entire premises shall be practiced
by means of the follotiving methods:
(i) A method for light water sprinkling of arenas and exercise pens shall be
provided.
(ii) The chemical control of dust may be permitted.
(iii) Perimeter trees and shrubs shall be required for dust control.
(8) Equestrian shows and exhibits. Equestrian shows and exhibits where outside
participants will perform shall be permitted only at approved commercial stables,unless
otherwise permitted by the City Council.Applications to conduct an equine show or
exhibit shall be submitted at least seven (7) days prior to the scheduled event to the
Department of Planning Services for either approval or denial pursuant to Section
9-2.301 Administrative Approvals.The Plannin3 Director shall prescribe the type and
form of information required for the application.
(b) Non-commercial residential stables and equestrian facilities
Equines may be maintained within residential districts where permitted, subject to the
provisions of this section. All such uses shall be restricted to a private non-commercial
activity.
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(1) Non-commercial stables defined. For the purposes of this section, "non-commercial
stable"shall mean and include 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.
(2) Setbacks. The setback requirements shall pertain to all structures which relate to
equines, and exercise or grazing areas. Such facilities shall be subject to the following
provisions:
From property line to paddocks/box stall on same lot:
Front yard 20 feet
Side and rearyard 15 feet
From property line to pasture/exercise area on same lot:
Frontyard 20 feet
Side and rearyard 10 feet
From pasture/exercise area to setback line for residences on adjacent lot:
Front yard 3 5 feet
Side and rearyard 35 feet
From pasture/exercise area and paddocks/box stall to residence on same lot:
Front yard 0 feet
Side and rearyard 0 feet
From paddocks/box stall to setback line from residence on adjacent lot:
Front yard 50 feet
Side and rearyard 50 feet
(3) General development standards
(A) Equines may be kept within the Reside ntial/Agriculture (RA), Residential
Hillside (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), Residential Garden-7,000 (RG--7,000), Single-Family 4,000 (RS-
4,000),Residential Garden-4,000(RG-4,000),and Planned Community(PC)
Districts where common equestrian facilities are designed into the development
and equestrian trails are established adjacent-to all equine facilities.Developments
with common equine stables or corrals shall conform to the development
standards set forth in subsection (a) of this section for commercial stables.
(B) Equines may be kept on individual lots within the Agri-Business (A),
Residential/Agriculture(RA),Residential Hillside(HR),Single-Family-40,000
(RSE-40,000), and Single-Family-20,000 (RSE-20,000) Districts provided
the following standards are met:
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9-3-118 November 15, 2002
Chanter 9.3 -Zoning Districts and Standards
(i) Number of horses/lot size
(a) One horse per 10,000 square feet of overall lot size.
(ii) Minimum lot area for equestrian use
(a) 2,500 square feet for the first horse, of which 500 square feet
must be flat (slope no greater than ten (10) percent). For each
additional horse beyond one.,an additional 500 square feet of flat
land shall be provided.
(iii) Number of horses that requires a conditional use permit
(a) If the property is two (2)acres or less,four(4)horses may be kept
without needing a conditional use permit.
(b) If the property is between two(2)and five(5)acres,six(6)horses
may be kept without needing;a conditional use permit.
(c) If the property is more than five (5) acres,ten (10) horses may be
kept without needing a conditional use permit.
For the purposes of this section, a mare and a foal (up to eight (8)
months of age kept together) shall count as one horse. Approval of a
conditional use permit is required to exceed the above limitations.
(4) Operational standards. The standards set forth in this subsection are intended to
provide for the free circulation of air and maximum exposure to sunlight for the
purpose of providing sanitation within non-commercial equestrian facilities within
the City.
(A) Manure storage and disposal. Manure storage and disposal shall be by one or
more of the following methods:
(i) Manure shall be removed from the premises every day,unless it is kept in
a covered bin or box made of sound metal, brick stone, concrete, or
wood lined with fly-tight materials or buried in the ground and covered
with earth or other materials sufficient to prevent the attraction or
breeding of flies or other insects.
(ii) Manure shall not be permitted to remain in any bin or box for a period
longer than seven (7) days.
(iii) Automatic fly misters shall be installed and used where manure is stored.
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Chapter 9.3 -Zoning Districts and Standards
(iv) Immediate off-site deliveries to farmers for direct fertilizer use or to a
County landfill shall be permitted.
(v) Additional methods for manure disposal shall be approved by the
Planning Director.
(B) Rodent control. Rodent control shall be diligently practiced, and the entire
premises shall be kept in an orderly and sanitary condition to prevent possible
rodent infestation. The following guidelines and criteria shall be considered in
reviewing plans and operations:
(i) All dry grains shall be stored in rodent-proof metal containers, and hay
shall be stored in a covered structure on a cement slab or on a raised
wood platform which maintains a rainimum clearance of six(6) inches
above the ground.
(ii) Any tack equipment, device, substance, or material shall be stored on
racks or shelves at least twelve (12) inches above the floor surface.Tack
room floors shall maintain a minimum clearance of four (4) inches
above the ground.
(C) Water management. Special attention shall be given to water systems because
accumulations of manure, bedding, and/or feed with water are ideal for fly
production. For the effective reduction of such fly-production sources, the
following standards are to be maintained:
(i) A non-leak valve for all troughs, bowls, cups, and other water sources
shall be provided.
(ii) Automatic valves,or sanitary drains if the water flow is continuous,shall
be installed in all large troughs or cups.
(iii) In paddocks and corrals,the earth surface shall be properly graded to suit
the master drainage plan so that rainwater and overflows from water
troughs do not form ponds. Property shall maintain all drainage devices
consistent with NPDES permits.
(iv) Back-siphoning devices shall be installed to protect the public water
supply. An approved pressure vacuum breaker is required on the water
line serving the paddocks. The vacuum breaker shall be at least twelve
(12) inches above the highest point of the water usage, or an approved
double-check valve may be acceptable.Back-siphoning devices shall not
be required for automatic water cups.
(D) Stable sanitation. Good sanitary methods around barns, stalls,paddocks, arenas,
tack sheds, and the quarters of the owner or caretakers are as important as -
City of San Juan Capistrano Land Use Code
9-3-120 November 15, 2002 _.
Chapter 9.3 -Zoning Districts and Standards
manure management. A general cleanup program should accompany the
manure management system. Weed control near stables, corrals, water
troughs,and surrounding areas around paddocks helps the sun to penetrate and
allows the movement of air,which helps to dry the manure and reduce resting
places for certain flies. Controlling weed growth from open waste water drains
reduces potential habitats for flies, gnats, and mosquitos.
(E) Dust control. Continuous dust control of the entire premises shall be practiced
by means of the following methods:
w (i) A method for light water sprinkling of arenas and exercise pens shall be
provided.
(ii) The chemical control of dust may be permitted.
(iii) Perimeter trees and shrubs shall be required for dust control.
Section 9-3.517 Fences, Walls, and Hedges
(a) General
Fences,walls,and hedges may be erected within required yard setbacks in all districts subject
to the requirements of this section.
For the purposes of this section,the words"fence"and"wall"shall have the same meaning,
and any reference to fences shall include walls as well. In addition, all height restrictions
applying to fences and walls shall apply equally to hedges planted within required yards
forming a barrier serving the same visual purpose as a fence or wall.
(b) All districts
Fences and walls for the following uses shall be subject to the location, height and design
standards so stipulated by the referenced section of the Code:
(1) Fences to be located within comer lots shall be in compliance with the visibility
provisions of Section 9-3.559 Visibility at Intersections/Driveways.
(2) Fences adjacent to a driveway shall be in compliance with the visibility provisions of
- Section 9-3.559 Visibility at Intersections/Driveways.
(3) All swimming pools, whirlpools and spas shall be, enclosed by a minimum five-foot-
high (5)fence designed and located in accordance with the provisions of Title 8,
Chapter 6.
City of San Juan Capistrano Land Use Code
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Chapter 9.3 -Zoning Districts and Standards
(4) Storage of outside materials shall be subject to the location and design regulations
of Section 9-3.549 Storage and Display.
(5) Tennis court fencing shall be in compliance with the setback and height
requirements of Section 9-3.501 Accessory Uses and Structures.
(6) Allfences and walls shall be finished on both sides. If adjacent property owner refuses
permission, provision shall be waived.
(c) Residential districts
The following requirements shall apply to fences in all;residential districts:
(1) Fences erected within required side or rear yards shall not exceed a height of six (6)
feet. However,when the rear property line of a corner lot abuts the side property line
of an adjoining lot (i.e., a "key lot" situation),fences on the exterior (street) side of a
corner lot shall not exceed a height of three (3)feet if placed within five(5)feet of the
street right-of-way line adjoining the side yard of.a said corner lot. Further,fences within
a required side yard on the exterior side of a corner lot shall conform to the
requirements of Section 9-3.559 Visibility at Intersections/Driveways.
(2) Solid fences shall not exceed a height of three (3) feet in any required front yard. -
However,the Planning Director,upon an application,may approvefences infrontyards
up to five (5) feet in height if all of the following requirements are met:
(A) The portion of the fence above three (3) feet is of open vertical bar
construction(for example,wrought iron) with a minimum spacing of three(3)
inches between vertical elements; and
(B) The City Engineer confirms that the proposed fence allows adequate sight
distance for vehicles using driveways and/or street intersections.
(d) Agricultural districts
Fences may be erected in the Agri-Business(A) District up to a height of six(6) feet within
all required yards provided such fences conform to the requirements of Section 9-3.559
Visibility at Intersections/Driveways.
(e) Other districts
Fence height and design in all districts other than residential and agricultural shall be
approved by the Planning Director if not a part of a development application being processed
in accordance with Article 3 Development Review Procedures of Chapter 2 of this title.
City of San Juan Capistrano Land Use Code
9-3-122 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Fences being considered as part of a development application shall be approved by the
Planning Commission.
(f) Fence/retaining wall combinations (all districts)
If a fence is a vertical extension of a retaining wall, and the combined retaining wall and
fence height is greater than six (6) feet within a side or rear yard that abut a street or trail
easement, or greater than three (3) feet within a frons yard (measured from the base of the
retaining wall),the base of thefence shall be stepped back from the top of the retaining wall
a minimum of two (2) feet. This provision is subject to review and approval by the
Planning Director.
(g) Measurement of fence height
The height offences and walls not enclosing a pool shall be measured from the finish grade
on the inside of the fence, as shown in Figure 3-3. The height of a fence or wall enclosing
a pool shall be measured from the finished grade,three (3) feet from the outside of the fence
or wall. For fences and walls that are located on a natural or manufactured slope, the fence
may be staggered in height where the minimum height is not less than five (5) feet. Plans
for such fences and wall shall be subject to the approval of the Planning Director.
ADJACENT j SUBJECT
PROPERTY Q PROPERTY
(outside fence) (inside fence)
Fence Height
Measurement Fence Height
(enclosing a Measurement
swimming pool; (not enclosing
height may vary) 3, a swimming pool;
height may vary)
I IIII
Finished Grade Finished Grade
Figure 3-3
Fence Height Calculation
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Chapter 9.3 -Zoning Districts and Standards
(h) Exceptions to standards
Subject to the administrative approval of the Planning Director pursuant to Section 9-2.303
Administrative Approvals:
(1) A combination fence structure may exceed six(6)feet when the portion offence over
six (6) feet is open construction.
(2) The combined height of a retaining wall wia fence may exceed six (6) feet to a
maximum of ten (10) feet.
(i) Building permits
Building permits shall be required prior to the erection offences in accordance with the
requirements of the Uniform Building Code and Title 8.
Section 9-3.519 Fuel Modification Standards
(a) Purpose and intent
Special regulations are necessary to insure public safety and reduce fire damage to structures
located in areas subject to risk from wildland fires. The primary purpose is to require fuel
modification that reduces the level of risk from vAildland fires by removal of native
flammable vegetation and replacement with drought-tolerant, fire-resistant plants that
reduce radiant and convective heat. This planting program will provide fire-suppression
forces a safe area in which to take an action to protect life and property.
(b) Applicability
Any development application that will require the issuance of a Building Permit for a
primary structure(s) where property is immediately adjacent to mature flammable
vegetation, shall be subject to the requirement that a modification program approval be _
obtained from the Orange County Fire Authority prior to Building Permit issuance. For
purposes of this section, a "primary structure" shall mean a principal permitted structure
designated by the applicable zoning district; it shall nolt pertain to minor accessory structures
such as patios,fences, etc.
(c) Review process
(1) Submittal.A fuel modification plan shall be submitted to the City concurrently with -
an application for a Building Permit or other development application(i.e.,tentative
subdivision map,growth management, or comparable mobilehome park, etc.). Prior to
issuance of any permits, a fuel modification plan and program must be approved by
City of San Juan Capistrano Land Use Code
9-3-124 November 15, 2002
Chcrpter 9.3 -Zoning Districts and Standards
the Fire Marshal and either the Planning Commission or Zoning Administrator if
said development application is to be processed as part of one of the procedures
identified in Article 3 Development Review Procedures of Chapter 2 of this title.
The plan will show special treatment of the area to achieve an acceptable level of risk
regarding: exposure of structures to flammable vegetation; and method(s) of
removal, mechanical or hand labor; and continuous maintenance.
The vegetation fuel modification shall include the following information:
(A) Delineation. The minimum width of the vegetation fuel modification area may
range between fifty and one hundred (50-100) feet. This may require
evaluation by a fire department representative prior to preparation of the plan.
For preliminary plan approval,general dimensions will be adequate.For precise
plans, exact delineation showing undulated borders, etc., must be submitted.
(B) Wet zone. The first fifty (50) feet of vegetation fuel modification must consist
of irrigated landscaping. The plan must: delineate that portion of the fuel
modification area which will be permanently irrigated. Fuel modification can
be as simple as a wet zone (greenbelt) extending into flammable light annual
vegetation. These wet zones may range between fifty and one hundred (SO-
100) feet in width measured on a map from the back of a lot or from a point
within the lot where deed restrictions and/or provisions of the Municipal Code
prohibit the location of flammable structures.
(C) Plant list. A plant list must be submitted containing both the botanical and
common name of all plant materials that are to be used. In the wet zone areas,
plants must be fire resistant, non-evasive, and preferably drought-tolerant.
Plant materials that are to be used outside of the wet zone areas must be fire
resistant.
(D) Thinning zones. Thinning or removal of heavy perennial brush for distances of
100 feet or more will be required. Replanting of low-volume, fire-resistant,
drought-tolerant plants may be required for erosion and slope control. Large
shrubby plants shall be thinned out and cleared of all dead wood. Spacing
between the plant material should be limited to no closer than fifteen(I S)feet
on center.
(E) Off-site area. In areas where the minimum width cannot be achieved within lot
or tract boundaries, off-site permission may be required to obtain the
minimum width. Documentation of permission for off-site fuel modification
and maintenance must be attached to preliminary plans.
(F) Maintenance. Provisions for continuous maintenance must be provided, i.e.,
through homeowner associations, property owners, or other entities.
- _ City of San Juan Capistrano Land Use Code
9-3-125 November 15, 2002
Ci apter 9.3 -Zoning Districts and Standards
Maintenance includes the removal of undesirable flammable vegetation,
irrigation, etc., needed to maintain the fuel modified area in a fire safe --
condition as required by the Orange County Fire Authority.Written evidence
indicating responsibility for maintenance must be submitted with the
preliminary fuel modification plan.
(G) Method(s)for maintenance. How native vegetation will be removed or thinned is
to be identified. The method of removal can be critical in various view-
sensitive areas, geologically-hazardous areas, and in woodland areas.
Mechanical removal is acceptable in some areas. In other areas,hand removal
or thinning will be required.Wood areas will require hand thinning and some
vegetation may need to be selectively removed. Trees can usually remain if not
dense. If trees are proposed to be removed, a proper tree removal permit
application shall be processed in accordance with Section 9-2.349 Tree
Removal Permit.
(H) Planting adjacent to structures in fire risk areas. Planting adjacent to structures on
private property which is in close proximity to native vegetation is considered
part of the Vegetation Fuel Modification Program and will be subject to review
and monitoring in accordance with subsection(d) Enforcement of this section.
The following guidelines shall be observed when planting near fire risk areas:
(i) Limit use of plants which are known to be especially flammable.
(ii) Limit planting in large unbroken masses,especially trees and large shrubs.
Groups should be two or three maximum, mature foliage of any group
should be separated horizontally by at least thirty (30) feet.
(iii) Limit use of plants which develop large volumes of foliage and branches.
(iv) Limit use of plants which have dry or deciduous foliage during part of
the year.
(v) Limit use of plants which develop deciduous or shaggy bark.
(vi) Limit use of plants which develop dry or dead undergrowth.
(vii) Limit massing of vegetation adjacent to structures, especially under eaves,
overhangs, decks, etc.
(viii) Limit massing of shrubs at bases of trees or larger shrubs.
(ix) Conduct yearly maintenance to reduce fuel volumes, eliminate weeds, _.
remove dead vegetation, etc.
City of San Juan Capistrano Land Use Code v
9-3-126 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(x) Provide reliable automatic irrigation systems to maintain vegetation in
healthy, turgid state.
-- (2) Permit application. An application to the Engineering and Building Services
Department for either a grading or building; permit for projects subject to the
provisions of this section shall include submission of a preliminary fuel modification
plan as described under subsection (1) above. After preliminary plan review, a
precise fuel modification plan incorporating plan check corrections must be
submitted and approved prior to issuance of permits.
(3) Release of Use and Occupancy permits. The approved fuel modification plan shall
be installed prior to final inspection.Use and Occupancy permits shall be issued only
upon final inspection and acceptance by the City.
- (d) Enforcement
In the event that the fuel modification program is not properly maintained resulting in the
accumulation of weeds or rubbish constituting a hazard,enforcement action will be taken
pursuant to the weed abatement provisions of Municipal Code Sections 6-7.01 et seq.
Section 9-3.521 Hazardous Waste Facilities
(a) Purpose and intent
The purpose of this section is to establish uniform procedures and standards for controlling
the location,design,maintenance and safety of hazardous waste facilities.The Land Use Code
has been amended to include the provisions herein to implement general policies regarding
hazardous waste management facilities pursuant to State law and the Orange County
Hazardous Waste Management Plan. The purpose and intent of this section is to meet the
"Fair Share Facility Siting" policy of the Orange County Hazardous Waste Management
Plan. However, the Ci y shall have absolutely no obligation to approve any conditional use
permit which proposes to process a volume of hazardous waste which exceeds that
generated by land uses within the City.
(b) Applicability
The specific requirements of this section are applicable to the siting and development of all
hazardous waste treatment,storage,transfer and disposal facilities.All such facilities shall
require applicable State licensing to develop and operate.
-- City of San Juan Capistrano Land Use Code
9-3-127 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(c) Procedure
All hazardous wostefacilities shall be subject to approval of a conditional use permit and the state
mandated standards established by this section, or as required by future updates to State
code. In addition to the procedure stated in Section 9-2.317 Conditional Use Permit,the
following procedures shall govern the processing of a conditional use permit application for
all hazardous waste facilities:
(1) At least ninety (90) days before filing an application with the City for a hazardous
waste facility conditional use permit, the applicant shall file, with the Office of Permit
Assistance (OPA) in the State's Office of Planning and Research and with the City,a Notice
of Intent to make such an application.The Notice of Intent shall specify the location
to which the Notice of Intent is applicable and shall contain a complete description _.
of the nature, function and scope of the project. The OPA shall immediately notify
the affected State agencies of the Notice of Intent. The Ciy shall publish the Notice
of Intent in a newspaper of general circulation in the area affected by the proposed
project, shall post notices in the location where the project is proposed, and shall
notify, by a direct mailing, the owners of contiguous property, as shown in the latest
equalized assessment. (Requirement of Section 2 5199.7 (a)of the California Health _
& Safety Code.)
(2) Within ninety (90) days after a Notice of Intent is filed with the Office of Permit
Assistance,the OPA shall convene a public meetin.gwithin the Ciy to inform the public
on the nature, function, and scope of the proposed project and the procedures that
are required for approving the project application. OPA shall advise the Ciy of the
date,time,and location of the meeting. (Requirement of Section 25199.7(c)of the
California Health and Safety Code.) --
(3) Within ten (10) calendar days after the Ciy has determined that a conditional use
permit application for a hazardous waste facili y is complete, staff shall solicit services
from qualified consultants pursuant to the 09,'s professional consultant selection
requirements.The purpose of the consultant shall be to provide technical assistance
to the staff and Local Assessment Committee (LAC). Following selection of the
consultant, the applicant shall deposit necessary fees with the Ciy to cover all costs
associated with the approved scope of work.
(4) Within thirty (30) days of acceptance of a conditional use permit as complete, the Gy
Council shall appoint the seven member LAC pursuant to the provisions of subsection --
(f). (Requirement of Section 25199.7(d) of the California Health & Safety Code.)
(5) The Ciy shall notify the OPA within ten(10)days after an application for a conditional
use permit for a hazardous waste faciliy project is accepted as complete by the City.
Within sixty (60) days after receiving such notice, the OPA shall convene a meeting
of the lead and responsible agencies for the project,the applicant,and the interested
City of San Juan Capistrano Land Use Code
9-3-128 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
public,for the purpose of determining the issues which concern the public agencies
and the public. (Requirement of Section 25199.7(e) of the California Health &
Safety Code.)
(6) Following the meeting specified in subsection(c)(5)of this section,the applicant,City
staff and the LAC shall meet and confer on the proposed hazardous waste facility
project proposal for the purpose of establishing the terms and conditions under
which the project may be acceptable to the community. (Requirement of Section
2S 199.70 of the California Health & Safety Code.)
(7) At the request of the applicant, the Planning Department shall, within sixty (60)
calendar days after the City has determined that:a conditional use permit application
for a hazardous waste facili y is complete, issue an initial written determination on
whether the project is consistent with both the City General Plan and Zoning
Ordinance in effect at the time the application was received,and the Orange County
Hazardous Waste Management Plan. (Requirement of Section 251995(a) of the
California Health & Safety Code.)
(8) An applicant may appeal the City's final approving,body action on a conditional use permit
for a hazardous waste facili y project to the Governor or the Governor's designee.
(Requirement of Section 25199.9 of the California Health & Safety Code.)
(d) Application submission requirements
In addition to the standard submission requirements for a conditional use permit,applications
for an off-site hazardous waste facili y must be accompanied by the following:
(1) A preliminary geotechnical study of the property and surrounding area including the
location and characteristic of any aquifers, regardless of the potability of those
aquifers.
(2) Identification of all wastewater, treated and untreated,generated by the proposed
facility and the method and place of final discharge.
- (3) Identification of the amounts (pounds) and types of hazardous wastes to be treated at
the proposed facility; the sources of these wastes; the ultimate disposition of the
wastes;and the anticipated life of the facility.Ini'ormation shall be based on an actual
survey of the industries to be served and, thereby, be representative of the wastes
that will be processed at the facility.
(4) An emergency operations plan containing emergency procedures pursuant to
subsection (j)(2) of this section.
-- City of San Juan Capistrano Land Use Code
9-3-129 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(S) Other information as required by the Planning Director to demonstrate compliance
with the subsections (h) Project criteria, and subsection (i) Facility siting standards _
of this section.
(6) AHealth and Safey Assessment prepared by a qualified preparer is required to provide --
technical and environmental evaluation of the proposed facility, site, and
surrounding area. A Health and Safey Assessment will provide the information and
analysis needed to demonstrate compliance of the proposed facility with the siting
criteria. The scope of the assessment will vary according to the size, type and
proposed location of the facility. The Health and Safety Assessment shall evaluate, at
minimum the area within 2,000 feet of the site,which is designated a sensitive area,
and shall evaluate the potential impact on sensitive populations. Sensitive
populations include residential,employment,and immobile populations such as schools,
hospitals,convalescent homes,and other similar facilities within the area of potential
impact.The Health and Safety Assessment must consider the qualities and the physical
and chemical characteristics of the specific types of the waste that would be handled, "rt
the facility design features and planned operations practices. The need and distance
for any buffering of the facility from residential areas or other sensitive land uses will
be identified.The Assessment must include a hydrologic evaluation,and must assess
risks due to physical hazards such as flooding and earthquakes and potential water
or air pollution. The Assessment will detail credible potential accidents, including
the distance over which effects would carry, a variety of options for reducing risks,
and procedures for dealing with the effects. The Assessment will identify the
capabilities (including equipment and trained. personnel) and response times of -
existing emergency services with regard to accidents at the facility, and will provide
an emergency evacuation plan. If existing emergency services are deemed
inadequate,the Ci y may require the developer to supplement those services with on-
site trained personnel and equipment.
(e) Environmental review
All hazardous waste facih y projects shall be subject to environmental analysis according to
City environmental review guidelines and pursuant to the California Environmental Quality
Act. Preliminary environmental review shall include analysis with particular emphasis on
geology and soils,hazards and hazardous material,hydrology and water quality,air quality, --
aesthetics, and noise impacts.
(f� Local Assessment Committee
The Ciy Council shall appoint a seven (7) member local assessment committee (LAC) to
administer the provisions of this Code as specified herein.
(1) The LAC shall include three (3) representatives of the community at large, two (2) M1
representatives of environmental or public interest groups, and two (2)
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9-3-130 November 15, 2002 ,
Chapter 9.3 -Zoning Districts and Standards
representatives of affected businesses or industries.Members of the LAC shall have no
financial interest,as defined by Section 87103 of the California Government Code,
in the hazardous waste faciliy project under review. The responsibilities of the LAC
shall include:
(A) Advise the Ci y of the terms and conditions under which a proposed hazardous
waste faciliy would meet the requirements of this section of the Code.The LAC
shall determine,in consultation with the applicant,the following (Requirement
of Section 25199.7(d)(2) of the California Health &Safety Code.):
(i) Measures which should be undertaken in connection with the operation
of the proposed hazardous waste faciliy project to protect the public
health, safety, and welfare.
(ii) Special benefits or remuneration the applicant will provide the City as
compensation for the local costs associated with the operation of the
proposed hazardous waste faciliy.
(B) In meetings with the applicant, generally represent the interests of City
residents and business as well as those of adjoining communities. (Requirement
of Section 25199.7(d)(2)(B) of the California Health & Safety Code.)
(C) Expend the technical assistance services made available under subsection
(c)(3) of this section. (Requirement of' Section 25199.7(d)(2)(C) of the
California Health & Safety Code.)
(D) Adopt administrative rules and procedures which are necessary to perform
duties outlined herein. (Requirement of Section 25199.7(d)(2)(D) of the
California Health & Safety Code.)
(E) Advise the City of the terms, provisions, and conditions for project approval
which have been agreed upon by the LAS;and the applicant, or which the LAC
deems appropriate. The City decision-making body may rely upon the advice
and recommendations of the LAC.(Requirement of Section 2 5199.7(d)(2)(E)
of the California Health & Safety Code.)
(F) After final administrative action has been taken by the State and local agencies
- on the conditional use permit application, the LAC shall automatically cease
to exist. (Requirement of Section 25199.7(d)(4) of the California Health &
Safety Code.)
(2) The City shall provide the LAC with necessary staff resources to assist in fulfilling its
responsibilities. (Requirement of Section 25199.7(d)(3)of the California Health&
Safety Code.)
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Chapter 9.3 -Zoning Districts and Standards
(3) If the LAC and applicant cannot resolve differences through the public meeting
process, the City may request the assistance of OPA to reach resolution pursuant to
Section 25199.4 of the California Health &Safety Code. (Requirement of Section
25199.7(h) of the California Health & Safety Code.)
(g) Public hearings
Public hearings on "Hazardous Waste Facility" conditional use permits shall be conducted
pursuant to Section 9-2.335 Public Hearing Procedures.
(h) Project criteria
Prior to approving a conditional use permit for a hazardous waste facility, the Planning
Commission must find the following criteria have been met. The Planning Commission's
findings must be contained in the approving resolution:
(1) The project will be consistent with the Genei-al Plan including in particular, the
policies of the Land Use, Circulation, and Safety Elements.
(2) The project will not be detrimental to the health, safety or general welfare of the
community.
(3) The project site is or will be adequately served by roads and other public or private
service facilities.
(4) The project will be consistent with the Regional Fair Share Facility Needs
Assessment and siting policies established in the Orange County Hazardous Waste
Management Plan.The City may impose conditions of approval limiting the capacity
of facilities to that level commensurate with the amount of hazardous waste generated
by activities and businesses within the City's limits.
(5) The project will comply with the Facility Siting Standards established by subsection
(i) of this section.
(i) Facility siting standards
The following siting criteria have been established for the design of hazardous waste facilities
and by the City in evaluating proposed sites and facility projects:
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(1) Public health
(A) Health and Safey Assessment. All facilities shall be sited so as not to create
significant risks or cause adverse impacts to the health and safety of
populations in surrounding public and private areas,as determined by a Health
and Safety Assessment. Potentially significant health or safety risks must be
eliminated or mitigated to the satisfaction of the local permitting agency and
- the California Department of Health Services.
(B) Distancefrom populations.Treatment,recycling and collection facilities shall comply
with local minimum zoning code setbacks,unless a greater buffer distance from
other uses is deemed necessary by the Health and Safety Assessment. Residuals
repositories shall provide a minimum buffer distance of 2,000 feet from
residences and other sensitive land uses.. The size of the buffer zone may be
increased based on the required Health and SafeyAssessment.
(2) Structural stability
(A) Floodplain. All facilities must be situated outside the limits of the 100-year
floodplain (FHA).
(B) Earthquakes.All new facilities must have a minimum 200 foot setback from any
known Holocene faults, unless otherwise allowed by California Code of
Regulations, Title 23, Division 3, Subchapter 15, Section 2531(b).
(C) Unstable Soils: All facilities are prohibited from locating in areas of potential
rapid geologic change, unless the facility and its containment structures have
engineered design features to assure str.ictural stability. This includes areas
with unstable soils,steep slopes,and areas subject to liquefaction,subsidence
or other severe geologic constraints.
(3) Water quality
(A) Containment and groundwater monitoring. All facilities shall be fully enclosed by
containment structures of impermeable materials which would contain any
unauthorized release of hazardous material. Facilities shall be equipped with
leak detection and spill control and recovery capability. Groundwater
monitoring wells must be Iocated around each facility to determine
background zone and groundwater quality,and to detect leaks and spills from
the facility.
(B) Water quality. Facilities shall locate so that domestic water supply wells cannot
be adversely affected from unauthorized releases of contaminants. Facilities
shall not locate within well head protection zones as identified by EPA
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guidelines or municipal water supply agencies and local water districts.
Facilities shall not impact the quality of surface waters (lakes,rivers, streams,
creeks, etc.) or ground water resources which have been identified for
beneficial uses by the Regional Water Quality Control Board Basin Plan.
Treatment, recycling and collection facilities should locate outside of principal
recharge areas to regional aquifers as defined in local or State plans. Facilities
may locate in the following areas only with increased engineered design features
such as horizontal and vertical containment and monitoring systems to ensure
protection: (a)major aquifer recharge areas, (b)areas of permeable strata and N
soils, and (c) areas where the existing groundwater has beneficial uses as
described in the Basin Plan. Facilities with subsurface storage or treatment
must be sited, designed and operated to ensure that hazardous materials will
be above the tension-saturated zone.
Residuals repositories are prohibited from locating in principal recharge areas
to regional aquifers as defined in local or State plans. Repositories are
prohibited in areas of high permeability per the requirements of the State
Water Quality Control Board and California Code of Regulations, Title 23,
Division 3, Subchapter 15, Section 2531(b). Repositories may locate only
where the uppermost water-bearing zone or aquifer is presently mineralized
(by natural or man-induced conditions) to the extent that it is not considered
for beneficial use by the basin to ensure that hazardous materials will always
be above the tension-saturated zone. ---
(C) Wastewater. All facilities generating wastewaters must locate in areas with
adequate industrial sewer capacity. The quality of wastewater must meet all
federal, State and local sewer agency discharge requirements and the facility
must obtain a valid industrial wastewater discharge permit.
(4) Air quality.All facilities are prohibited in Class I areas as identified by the Clean Air
Act, and within wilderness, National Parks, memorial areas and similarly dedicated
areas. Facilities may be sited in other non-attainment and PSD (Prevention of
Significant Deterioration) areas only if they meet the requirements of the South
Coast Air Quality Management District (SCAQMD).
(5) Environmentally sensitive areas
(A) Wetlands. All facilities are prohibited fi-om locating in wetlands such as
saltwater, fresh water and brackish marshes, swamps and bogs, as defined in
local, regional and State plans and policies.
(B) Animal and plant habitats. All facilities are prohibited from locating within
critical or significant habitat areas of animal and plant species (including
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Chapter 9.3 -Zoning Districts and Standards
threatened or endangered species),as defined in local,regional or State plans
and policies.
(C) Recreational, cultural and aesthetic resources. Collection facilities may locate in
protected,recreational,cultural or aesthetic resource areas,as defined bylocal,
regional, State or national plans or policies, only if necessary to handle
hazardous wastes generated by workers, or visitors in these areas.
Treatment and Recycling Facilities and Residuals Repositories are prohibited
from locating in protected recreational, cultural and aesthetic resource areas,
as defined by local, regional, State or national plans or policies.
(6) Transport of hazardous waste
(A) Proximity to waste generation areas.All facilities should locate as close as possible
to sources of hazardous waste generation (generally industrial areas) to
minimize the risks of transportation.
- (B) Proximl y and access to major routes. Facilities shall locate to minimize distance
from major transportation routes. Facilities must have good access by roads
designed to accommodate heavyvehicles..Travel routes from facilities to major
transportation routes shall not pass through residential neighborhoods.
(7) General plan consistency.All facilities must be situated within areas designated"4.0,
Industrial Park"and"4.1,Quasi-industrial"by the General Plan Land Use Element.
Facilities must also be consistent with the Orange County Hazardous Waste
Management Plan.
(j) Special development requirements
The Ci y may impose conditions on the granting of a conditional use permit for a hazardous
waste facili y in order to achieve the purposes of this section and the General Plan and to
protect the health, safety and general welfare of the community.
(1) Safety and security
(A) The operator shall provide a 24-hour surveillance system (e.g., television
monitoring or surveillance by guards or facility personnel)which continuously
monitors and controls entry onto the facility.
(B) A visual and security barrier shall be constructed which completely surrounds
the facility.
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(C) All gates or other entrances into the facility shall be provided with signs which
State"Danger-Hazardous Waste Area-Unauthorized Personnel Keep Out."
Signs shall be posted at each entrance to the facility, and at other locations
deemed necessary. The signs shall be written in English and Spanish.
(2) Emergency operations plan
(A) The hazardous Waste facility is required to have an emergency operations plan
designed to minimize hazards to human health and the environment from
fires,explosions,or unplanned release ofhazardous waste to air,soil,or surface
water.The plan shall be implemented immediatelywhenever a fire,explosion,
or unplanned release occurs.
(B) The emergency operations plan shall include:
(i) The responsibilities of employees in response to a fire, explosion or --
unplanned release of hazardous waste.
(ii) Role/responsibility local emergency response officials (subject to their
approval).
(iii) The names, addresses and telephone numbers (office and home) of all
persons qualified to act as emergency coordinator. (If more than one
name is listed, the order in which they may assume authority shall be
given, with one person designated as primary coordinator.) The
emergency coordinator shall be available to respond to an emergency
and shall have the responsibility for coordinating all emergency response
measures.
(iv) A listing of all emergency equipment at the facility,including its location -"
and an outline of its capabilities.
(v) An evacuation plan for employees where evacuation may be necessary,
including signals used to begin evacuation, primary evacuation routes
and alternate routes.
(C) Emergency coordinator responsibilities shall be identified in the emergency
operations plan to include, at minimum., the following:
(i) In event of an emergency (imminent or natural), the emergency
coordinator shall immediately activate facility alarms to notify employees
and shall contact appropriate State or local emergency response
agencies.
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(ii) In the event of a fire,explosion,or release of any hazardous material,the
__- emergency coordinator shall immnediately identify the character, exact
source,amount and real extent of any released materials. Concurrently,
the emergency coordinator shall assess possible hazards both direct and
indirect, to human health or the environment that may result from the
emergency.
(iii) If the emergency coordinator determines that the facility has had a
release, fire or explosion which could threaten human health and the
environment outside the facility,the emergency coordinator shall notify
officials and also notify the State Office of Emergency Services by phone
providing the following information:
(a) Name and telephone of person reporting.
(b) Name and address of facility'.
(c) Time and type of incident.
(d) Type and quantity of material(s) involved.
(e) Extent of injuries if any.
0) Potential hazard outside facility.
(iv) During the emergency, the emergency coordinator shall take all
reasonable measures to ensure that fires,explosions,and releases do not
occur or spread, including such measures as:
(o) Ceasing operations.
(b) Collecting and containing released waste.
(c) Removing or isolating containers.
(v) In the event the facility is closed, the emergency coordinator shall
monitor the site.
(vi) Following an emergency, the emergency coordinator shall provide for
treating, storing or disposing of recovered waste, contaminated soil or
surface water, or any other material resulting from a release, fire or
explosion.
(D) Owner/operator responsibilities shall be identified in the emergency
operations plan to include, at minimum, the following:
(i) Notify the State Department of Health Services and appropriate State
and local authorities that the above requirements have been met before
operations are resumed in the affected area.
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(ii) Record the time, date and detaAs of any incident which required
implementing the emergency operations plan.
(iii) Within fifteen (15) days of resuming operationsfollowing an emergency
incident, submit a written report on the incident to the State —
Department of Health Services including all information required by the
Department.
(iv) The emergency operations plan shall be reviewed annually and amended
as necessary.
(3) Public agency monitoring
(A) Upon reasonable notice,the City or their designated representative may enter
a parcel on which a conditional use permit for a hazardous waste facility has been
granted for the purpose of monitoring the operation of the facility. —
(B) The operator of a hazardous waste facility shall report quarterly to the Ciy, the
amount, type and disposition of all wasters processed by the facility. Included
in the report will be copies of all manifests showing the delivery and types of
hazardous waste materials.
(C) All structures shall remain accessible for inspection purposes.
(4) Closure plan. The applicant for a hazardous waste management facility shall submit
a closure plan and cost estimate for closure. The plan shall identify steps necessary
to completely close the facility at any point during its intended operating life and to
completely close the facility at the end of its intended operating life. The closure
plan shall include at least:
(A) A description of how and when the facility will be finally closed. The
description shall identify the maximum extent of the operation which will be
open during the life of the facility.
(B) An estimate of the maximum inventory of wastes in storage and in treatment
at any time during the life of the facility.
(C) A description of the steps needed to decontaminate facility equipment during ;
closure.
(D) An estimate of the expected year of closure and a schedule for final closure.
The schedule shall include at a minimum,the initial time required to close the
facility and the time required for intervening closure activities which will allow
tracking of the progress of closure.
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Chcpter 9.3 -Zoning Districts and Standards
(E) The plan shall indicate financial arrangements(irrevocable trust or other form
of security arrangement) for the purpose of providing funds for the closure of
the site and long-term post-closure monitoring maintenance.
(5) Financial Responsibility.The owner/operator shall show proof of liability insurance
as follows:
(A) The types,amounts,periods of coverage,and provisions from periodic review
as to adequacy of coverage shall be specified in the conditions of approval.
Required insurance shall include, but not be limited to: general liability
insurance, automotive liability insurance, environmental impairment liability
insurance, and architect's and engineer's professional errors and omissions
insurance. All such insurance shall name the City as an additional insured and
shall be maintained for the life of the site and such additional periods as shall
be specified in the conditions of approval. Certificates of Insurance must be
submitted to the City annually.
- (B) Applicant shall provide surety in an amount and form to be determined by the
City for the purpose of assuring adequate closure of the site. An irrevocable
trust will be established to provide funds for closure of the site and its long-
term postclosure and monitoring and maintenance.Funds for this trust would
be provided by the owner/operator of the facility quarterly based on quantity
and types of hazardous wastes received and processed or percentage of gross
income. The terms of the trust would be agreed upon by the project
owner/operator and the City.The terms will be reviewed annually to determine
the adequacy of the amount of trust funds with respect to the anticipated
closure monitoring and maintenance costs.
(C) The owner/operator shall defend, indemnify and hold harmless the City, its
officers, agents, servants, and employees from all claims, actions or liabilities
arising out of the issuance of this permit, operations at the facility and
transportation of wastes to and from the facility.
(6) Effect of the conditional use permit.Aconditional use permit for a hazardous wastefacility
shall be granted for only those substances and quantities identified in the conditions
of approval. No additional types of wastes or increases in the quantity of approved
wastes shall be allowed beyond those specified in the approved permit, unless a
separate application is made which shall satisf; the same procedures and contents
as those required in the initial application.
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Chapter 9.3 -Zoning Districts and Standards
Section 9-3.523 Home Business
(a) Intent and purpose
The purpose of this section is to provide for the conduct of home businesses in such a manner
as to be compatible with and not disrupt residential neighborhoods. In order to minimize
potential interference with the intended residential use of the property, businesses
conducted as home businesses will be reviewed on an individual basis to ensure compatibility
with and avoid any impact on the residential quality of life and property values within the
zone.Any use which has the significant potential to impact that quality of life or change the
character of the area shall not be permitted, and any use which does not conduct its
operation within these regulations shall be subject to revocation.
(b) Permit required
No person shall conduct any home business use without first securing a home business
permit.
A home business use is permitted as an accessory use to a residential use provided it is
conducted in compliance with the regulations set forth in this section and that a permit has
been obtained and remains in effect in accordance with this section, and that a business
license required under Title 3 of the Municipal Code has been obtained.
(c) Specific regulations governing home business uses
No person shall conduct any home business use in violation of any of the following
regulations:
(1) There shall be no signs or devices identifying or advertising the home business use.
(2) Sales activity of merchandise shall not be distributed at the residence.
(3) There shall be no storage of equipment, material, or display outside of any fully-
enclosed structures, except that maintained on a vehicle permitted by this section. _
(4) Nothing associated with the home business use shall alter the residential character
of the subject property or nearby residential properties. -
(5) There shall be no activity which involves business related meetings or gathering of
any kind such as may generate increased pedestrian or vehicular traffic, parking
congestion, noise or disturbances beyond that,which is normal to residential uses.
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(6) There shall be no use of any mechanical equipment, appliance, or motor outside of
—. an enclosed building or which generates noise detectable from outside the building
in which it is located.
(7) Only one home business permit will be issued per residential property. Several
individual business licenses for separate activities may be issued, provided each
licensed use complies with all other restrictions of this section.
(8) There shall be no employee workers other than resident family members conducting
business at the residence, except for one emplo✓ee providing service support to the
business, including but not limited to, services such as accounting and clerical.
(9) There shall be no dispatching of persons or equipment originating from the subject
property.
(10) Not more than one commercial vehicle identi f Eng the business use conducted as a
home business and used or maintained in connection with the home business for the
transportation of persons for hire, compensation, or profit or designed, used, or
maintained primarily for the transportation of property,except as provided by state
law, may be parked overnight outside of an enclosed garage at the residence. No
vehicle with a gross weight of six thousand pc)unds or greater or exceeding the
following size dimensions: a wheelbase of 168 inches, height not to exceed nine (9)
feet,and an overall width of seven(7)feet,including side view mirrors and an overall
length with accessory trailer of twenty-five (2 S) feet shall be parked overnight at the
residence.
(11) Home business activities shall not involve the use of more than one room, or 400
square feet of a dwelling,whichever is more restrictive, and no garage space shall be
used for the conduct of any home business. This provision requires that two (2) car
garage spaces be maintained and readily available.
(d) Application for and issuance of permits for home business uses
No person shall conduct a home business use without having first obtained a home business
permit from the Department of Planning Services pursuant to Section 9-2.303
Administrative Approvals.Applications for such permir shall be filed by the applicant with the
Department on such forms as may be provided by the City and shall be accompanied by
such filing fee as may be set by resolution of the City Council. The application shall provide
such information and documentation as the Planning Director shall determine to be
appropriate.
The Planning Director shall issue the home business permit if it is determined that the home
business use will be conducted in accordance with this section and will not adversely affect
the residential character of the subject property or nearby residential properties;
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Chapter 9.3 -Zoning Districts and Standards
otherwise,the application shall be denied.The permit,if granted, shall specifically identify
the occupant as permittee and describe the nature of the home business use thereby allowed.
Home business permits shall not be transferable by the designated permittee to any other
person. Permittees may be subject to periodic inspections to verify compliance with this
section and the approved home business permit. Authorization shall be acknowledged by
the business applicant upon submission of a Home Business application.
(e) Home business uses in private communities
A home business permit shall not be granted to any person living in any community
administered by a homeowner association and legally constituted CC&A, enforced by an
elected board of directors, unless the said board of directors has taken formal action on
the application. Any such applicant shall disclose on his application form whether said -
action has been obtained from the board of directors. Written proof of said action shall
be submitted with the application.
(f) Prohibited uses
The following uses are prohibited:
(1) The repair,manufacture,processing or alteration of goods,materials or objects,with
the exception of dressmaking, tailoring, and tlae manufacturing of arts and crafts
items intended for off-premises sale where no equipment or process is used which
creates an adverse impact on the neighborhood. --
(2) Any use involving food handling, processing or packing which creates an adverse
impact on the neighborhood. -
(3) Harboring, training or raising dogs,cats, bees, horses or other animals for commercial
purposes.
(4) Automobile and/or body and fender or boat repairing.
(g) Revocation of home business permit
The Zoning Administrator may revoke a home business permit after notice and an
opportunity to be heard by the permittee upon his determination that the home business is
being conducted contrary to the regulations set forth in this section or in a manner which
adversely affects the residential character of the subject property or nearby residential
properties, or the health,welfare or safety of neighboring residents.
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Chanter 9.3 -Zoning Districts and Standards
(h) Termination of home business uses as nonconforming uses
Nonconforming home business uses shall be rernoved pursuant to Section 9-3.533
Nonconforming Uses, Lots, and Structures.
Section 9-3.525 Kennels
(a) Commercial kennels
Kennels operated as a commercial activity may be permitted or subject to a conditional use
permit in designated district.
(b) Noncommercial kennels
Noncommercial kennels where no commercial activity is conducted (no sale of dogs) may be
established in the Residential/Agriculture (RA) District as an accessory use and in the
Hillside Residential(HR),Single-Family-40,000(RS.E-40,000)and Single-Family-20,000
(RSE-20,000) Districts subject to approval of a conditional use permit.
(c) Other provisions
The Planning Director may allow up to six (6) adult dols provided the following findings and
conditions are met:
(1) All adult dogs had been registered (licensed) to the applicant by Orange County
Animal Control for at least one year (prior twelve (12) months) prior to the
application for an exception,or residents that recently moved into the City had written
proof that the number of dogs had been previously registered to the applicant by the
- applicable governing agency prior to residency in the City.
(2) Upon notification of nearby property owners of the exception request and a finding
- that the subject dogs have not created a nuisance, as defined in Chapter 2,Article 4
of this title, such as excessive barking or non-containment within a secured area of
the property. Said notification to be provided a minimum of ten (10) days prior to
issuance of exception.
(3) No substantial complaint histories have been previously reported by nearby property
owners.
- (4) The applicant for an exception executes an agreement that additional and/or
replacement dogs will not be allowed upon the death or relocation of permitted dogs
such that the total number of dogs will not exceed three (3).
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Chapter 9.3 -Zoning Districts and Standards
Section 9-3.527 Landscape (water conservation standards)
(a) Purpose and intent
(1) To protect and preserve water resources withii.z the community in accordance with
the Conservation and Open Space Element of the City General Plan;
(2) To comply with state-required water efficient: landscape standards which require -
cities to adopt water efficient landscape standards;
(3) To ensure protection of water resources from excessive use of high water using plant
materials in commercial, industrial, public, and residential development;
(4) To establish review procedures to evaluate reports,plans,and landscape information
pertaining to proposed development projects;
(5) To provide landscape design standards which achieve water conservation while also
contributing to an aesthetically enriched comraunity landscape.
(6) To be consistent with Section 9-9-3.557 Tree Preservation and the property
maintenance standards contained in Title 8 of the Municipal Code.
(b) Scope and applicability
(1) The provisions of this section shall apply to all new development proposals consisting
of:
(A) Residential development with a gross density of eight (8) units per acre or
more, and/or other residential projects with significant landscape elements such
as common areas, slopes, or project entries; --
(B) Commercial development;
(C) Industrial development;
(D) Public/institutional development.
(2) The provisions for this chapter shall not apply to:
(A) Cemeteries;
(B) Buildings listed on the Ci y s Inventory of Historic and Cultural Landmarks, or State
Historic Landmarks,or designated on the National Register of Historic Places;
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Chafrter 9.3 -Zoning Districts and Standards
(C) Ecological restoration and mined-land reclamation projects that:do not require
a permanent irrigation system.
(c) Requirements/process
(1) All development applications as defined in this section filed pursuant to this section
shall include the submission of non-certified landscape and irrigation plans at the
time an application for development is submitted for the development review
process in accordance with the provisions of Article 3 Development Review
Procedures of Chapter 2 of this title.
(2) Final landscape and irrigation plans shall be submitted to the Planning Director for
his/her review prior to the issuance of Building Permits,
(3) Certification of a licensed landscape architect that the irrigation system was installed
in accordance with the approved plan to the best of their knowledge shall be
furnished to the Planning Director in writing prior to the issuance of final certificates of
use and occupancy. The City may require subsequent water audits each year to
determine on-going compliance with the provisions of this chapter.
(4) A certified statement by a licensed landscape architect which states that landscaping
has been installed according to the approved Final Landscape Plans.
(d) Qualifications for preparing plans
Persons qualified to prepare the Landscape and Irr:'igation Management Plans shall be
California licensed landscape architects.
(e) Landscape plans
The landscape plan shall be legibly drawn on project base sheets at a scale that accurately
and clearly identifies:
(1) Landscape materials consisting of trees, shrubs, groundcover, turf, and other
vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical
name,common name,container size,spacing,and quantities of each group of plants
indicated with a percentage of drought-tolerant and nondrought-tolerant plans;
(2) Designation of hydrozones;
(3) Property lines and street names;
(4) Streets, driveways,walkways, and other paved areas;
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(5) Pools, ponds,water features,fences, and retaining walls;
(6) Existing and proposed buildings and structures including elevations if applicable;
(7) Natural features including but not limited to rock outcroppings,existing trees,shrubs _
that will be removed or remain;
(S) Designation of recreational areas.
(f� Irrigation plans
Irrigation plans shall comply with the following requirements:
(1) Non-certified irrigation plans shall be submitted as part of the application for
development as part of the development review process as described under
subsections (c) and (d) of this section. Final inrigation plans shall be prepared and —
certified by a person or persons as defined under subsection (d) of this section prior to
the issuance of a final certificate of use and occupancy.
(2) The non-certified final irrigation plans shall include a watering schedule which
incorporates the specific water needs of the plant material throughout the calendar
year, a hardware component list for all materials used in the system, and a
recommendation of regular maintenance schedules for the irrigation system.
(3) The non-certified and final irrigation plans shall be drawn on project base sheets.
The plans should be separate from, but use the same format as the Landscape plan.
The scale shall be the same as that used for the landscape plan.
(4) The preliminary and final irrigation plans shall accurately and clearly identify:
(A) Location and size of separate water meters for the landscape,where proposed;
(B) Location, type, and size of all components of the irrigation system, including
automatic controllers, main and lateral lines, valves, sprinkler heads, moisture
sensing devices, rain switches, quick couplers, and backflow prevention
devices;
(C) Static water pressure at the point of connection to the public Nater supply; --
(D) Flow rate, application rate, and design operating pressure for each station.
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Chapter 9.3 -Zoning Districts and Standards
(g) Landscape standards
(1) Plant selection. At least ninety(90) percent of the plants selected in non-turf areas
shall be drought-tolerant. tip to ten (10) percent of the plants may be a non-
drought-tolerant variety as long as they are grouped together.
(2) Turf. Turf shall be used that has a water requirement less than or equal to Tall
Fescue. Exceptions may be granted where the :functional use requires another turf
grass species in accordance with subsection (i) of this section.
(3) Soil conditioning and mulching
(A) A minimum of two (2) inches of mulch shall be added in non-turf areas to the
soil surface after planting. Nonporous material such as plastic sheeting,
polyethylene,and similar materials shall not be placed under the mulch.Weed
barrier fabric or similar material may be used.
(B) Grading shall be minimized to avoid disturbance. Top soil shall be stockpiled
and shall be reapplied during final gradin,y.
(4) Irrigation
(A) Valves and circuits shall be separated based on water use,whether frequent use
or required heavier water flow.
(B) Drip or bubble irrigation systems are required for trees, regardless if planted
alone.Bubblers shall not exceed a water consumption rate of one and one-half
(1.5)gallons per minute and drip system emitters shall not exceed one gallon
per hour per device.
(C) Pop-up sprinklers in lawn areas shall have at least a four (4) inch pop-up
height. Sprinkler head spacing shall be designed for head-to-head coverage.
(D) Sprinklers should be designed for minimum run?#-and overspray onto non-
irrigated areas and shall not be placed closer than six (6) inches to any paved
area, building, or wall.
(E) Sprinklers and sprays shall not be used in areas less than six(6)feet wide.Drip
and/or bubblers shall be used in these areas. Bubblers shall not exceed a water
consumption rate of one and one-half (1.5) gallons per minute and drip
system emitters shall not exceed one per hour per device.
(F) Check valves are required where elevation differences may cause low head
drainage.
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Chapter 9.3 -Zoning Districts and Standards
(G) All irrigation systems shall be equipped with automatic rain shutoff devices.
(H) Where available, irrigation systems shall use reclaimed water.
(I) Utilization of the best available irrigation technology to maximize efficient use
of water. Such methods could include the use of historical evaportranspiration
rates, weather station (CIMIS) data, m6isture sensors, rain shut-off devices,
drip systems, multiprogram electronic timers and maintained output sprinkler
heads.
(J) Valves shall be placed in valve boxes to rninimize vandalism and enhance the
appearance of the irrigation installation. --
(K) A full-coverage permanent irrigation shall be installed. Hose bibs shall be
located in not less than 200 feet intervals to allow for hose watering
reinforcement to the system.
(h) Design standards
(1) Parking lots
(A) Screening. Parking and circulation areas shall be screened from streets via
boundary landscaping and/or berming. If berming is not feasible, areas shall
utilize a combination of landscaping and lcw screening walls,and from adjacent
properties of dissimilar zoning via landscape strips and/or walls or fences.
(B) Net landscaping coverage. For parking lots smaller than 15,000 square feet, five
(5) percent of the parking lot shall be landscaped (required frontage and
boundary landscaping shall not count toward this interior requirement).
(C) Net landscaping coverage.For parking Iots between 15,001 to 29,999 square feet,
seven (7)percent of the parking lot shall be landscaped(required frontage and
boundary landscaping shall not count toward this interior requirement).
(D) Net landscaping coverage. For parking lots greater than 30,000 square feet, ten
(10) percent of the parking lot shall be landscaped (required frontage and
boundary landscaping shall not count toward this interior requirement).
(E) Boundary landscaping.All areas between the parking lots and adjoining streets, or
different zone districts shall have a minimum ten (10) foot wide permanent
landscaped area, exclusive of parking overhang.
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(F) Property line landscaping. All rear and side property lines shall have a minimum
dimension of five (5) feet planted area.
(G) Interior landscape islands.All double row parking spaces shall incorporate diamond
- planters every three spaces. The diamond planters shall be centered on the
parking space lines in order to avoid vel►icle conflicts with the plantings.
(H) End of parking aisle planters.All end of aisles shall have end of aisle planting areas
with a minimum five (5) foot wide planted area.
(I) Finger planters. All finger planters shall have a minimum five (5) foot wide
planted area.
(J) Canopy trees.Canopy trees shall be used in parking lots for shading.A minimum
of one tree for every six (6) stalls shall be distributed throughout the parking
-- lot.
(2) Parking structures
(A) Parking structures shall have ground level landscaping along all sides of the
structure exposed to public view.
(B) Linear planters and/or trellises with cascading shrubs or vines must be
provided along the outside edge of each parking level, especially the upper
levels.
(3) Street trees
(A) Proposed development. In areas of the City where residential, commercial, or
industrial development is proposed, the developer shall plant and install trees
along private streets and within public rights-of-way in accordance with the
specifications set forth in the Street Tree Master Plan.
(B) Existing development. In developed areas of the City which are defined as priority
areas requiring trees, the City shall initiate implementation measures in
conjunction with the Capital Improvement Program of the City. The City when
implementing improvements in priority areas, shall prepare precise landscape
plans which will be in accordance with the specifications set forth in the Street
Tree Master Plan.
(4) Major slope areas. The use of turf should not be included in slopes exceeding
twenty-five (2 5) percent. However,landscape Projects which include turf on slopes
exceeding twenty-five (25) percent shall include design features for prevention of
run&
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(5) Project entry statements. Shall utilize combinations of trees, shrubs, and flowering ^
accents.
(6) Pedestrian area landscaping -
(A) Landscaping adjacent to walkways and within other pedestrian spaces shall
include smaller species of shrubs and trees.
(B) Pedestrian areas shall also utilize landscape accents such as trees espaliered
against walls, flower beds,window boxes, and hanging pots with flowers and
vines.
(7) Landscaping and utilities
(A) Utility boxes shall not be placed on sidewalks or bikeways and placed --
underground or screened.
(B) Aboveground utility boxes shall be screened by means of landscape planting
such as shrubs.
(8) Landscaping curbs. Landscaping should be protected from vehicular encroachment
through raised planting surfaces,depressed walks,and the use of six(6) inch curbs.
(9) Root barriers/tree grates
(A) Trees planted within fifteen (1 S) feet from sidewalks or other paved surfaces —
must be installed with deep root barriers.
(B) Tree grates or low curbs must be installed around trunks where trees are -
planted within sidewalks or other paved surfaces.
(10) Decorative use of water
(A) Fountains or other types of decorative water bodies where water is sprayed _
into the air are discouraged. Fountains using recirculated water only, and
which are designed to minimize evaporation, may be allowed.
(B) Refilling existing fountains and/or other types of decorative water bodies may
be prohibited during a City Council declared water emergency.
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(i) Exemption to water conservation standards
Projects proposing non-drought-tolerant turf or grass for use as ball fields, football fields,
soccer fields, or any other sport field may be granted an exemption from the provisions
established in this chapter as determined by the final decisionmaking body for the
application.
v� Requirements for fuel modifications
Where there is a conflict between the requirement of this chapter and the provisions for
fire protection through fuel modification, and such conflict cannot be resolved, the
Planning Commission may grant an exception to the requirements of this chapter with a
finding that such an exception is necessary for purposes of public safety.
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Section 9-3.529 Lighting Standards
(a) Purpose and intent
The intent of these provisions is to balance the goals of the General Plan to maintain a --
small-village,rural atmosphere,with the need to provide for the safe movement of vehicles
and people in all districts. To meet this intent, recommended lighting levels are to be
defined at minimum levels to protect the public safety and at the same time enhance the -
appeal of buildings and landscaping to protect the desired atmosphere of the community.
Standards contained in this section are based on the recommended standards of the
Illuminating Engineering Society (IES).
(b) Commercial, industrial, and public institutional districts
All properties located within a commercial(TC,OC,NC,and GC)district,industrial(CM and
IP) district, public institutional (P&I) district, Solid Waste Facility (SWF) district, Farm
Market(FM)District,Recreation Commercial(RC)District,and non-residential portions
of special districts including Planned Community (PC) and Specific Plan/Precise Plan
(SP/PP) districts shall be subject to the exterior lighting regulations set forth.
(1) Parking lot lighting. Parking lot lighting is vital for traffic safety; for protection
against assault,theft and vandalism;for convenience and comfort to the user.Parking
lot lighting design standards of Tables 3-22 and 3-23 have been established to
provide for the safe movement of both vehicles and pedestrians.
(A) General Parking and Pedestrian Areas. Unless determined by the Planning Director,
as stated in subsection (B) of this subsection,parking lot lighting within non-
residential districts shall meet the General Parking and Pedestrian Areas
lighting standards contained in Table 3-22. Maximum allowable lighting level
shall be determined by applying the uniformity ratio(maximum-to-minimum)
contained in Table 3-22 to the minimum illuminance required by Table 3-22.
(B) Enhanced Security Areas. If the Planning Director determines that personal security
or vandalism is a likely problem for a proposed project,he or she may require
that the Enhanced Security Areas parking lot lighting standards contained in _
Table 3-22 be met. Maximum allowable lighting level shall be determined by
applying the uniformity ratio (maximum-to-minimum)contained in Table 3-
22 to the minimum illuminance required by Table 3-22. —
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Table 3-22
Maintained Horizontal Illuminance for Parking Lots
Open Parking Facilities
General Parking &Pedestrian Areas Enhanced Security Areas
Minimum Uniformity Minimum Minimum Uniformity Minimum
Horizontal Ratio Vertical Horizontal Ratio Vertical
Illuminance (Maximum- Illuminance*** Illuminance (Maximum- Illuminance***
(lux)* to- (lux)* to-
Minimum)"* Minimum)
Maintained Illuminance 2 lux10.2 fc 20:1 1 lux/O.I fc 51ux/0.5 fc 15:1 2.51ux/0.25 fc
Values
Covered Parking Facilities
Day Night
Areas Minimum Max/Min Minimum Minimum Max/Min Minimum
Horizontal* Horizontal Vertical*** Horizontal* Horizontal Vertical
Uniformity Uniformity
Ratio"* Ratio**
General parking and 10 lux/1.0 fc 10:1 5 lux/0.5 fc 10lux/1.0 fc 10:1 51ux/0.5 fc
pedestrian areas
Ramps and corners 201ux/2.0 fc 10:1 10lux/1.0 fc 20lux/1.0 fc 10:1 5 lux/0.5 fc
Entrance areas 5001ux/50 2501ux/25 fc 101ux/1.0 fc 10:1 5 lux/0.5 fc
fc
Stairways 20lux/2.0 fc 101ux/1.0 fc 201ux/2.0 fc 10lux/1.0 fc
fc footcandle
* Measured on the parking surface,without any shadowing effect from parked vehicles or trees/columns at the points of measurement
�* The highest horizontal illuminance point divided by the lowest horizontal illuminance point or area should not be greater than the values
shown.
*** Measured at 5 feet above parking surface at the point of lowest horizontal illuminance,excluding facing outward along boundary.
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(C) Parking lot lighting design standards. The lighting design standards depicted in
Table 3-23 shall apply to parking lots.
Table 3-23
Parking Lot Lighting Design Standards
Feature Standard
;Fixture Height Pole mounted fixtures shall not exceed 20 feet in height as measured from finish
grade to the bottom of the light fixture. Concrete pedestals shall not exceed 24
inches and shall be included in the overall height.
Building mounted fixtures shall be located below the roof eave and not exceed
the height of the pole mounted fixture(20 feet)whichever is lower.
Light Source Metal halide, high pressure sodium, and similar sources shall be permitted.
Halogen and mercury vapor sources shall be prohibited.
Fixture Type Within the Tourist Commercial (TC) District, contemporary styled fixtures shall
be prohibited. Free-standing light fixtures must comply with the City-established
list of pre-approved fixture styles using a horizontal light that does not project
below the cut-off lenses. For building mounted fixtures, the Planning Director
shall insure that the proposed fixture type;will be in scale with the building
elevation on which it is to be installed.The Planning Director may refer this latter
determination to the Planning Commission. --
Spacing of Fixtures The distance separating lights shall be determined by the type of light fixture and
the requirement to satisfy the intensity provisions for"Fixture Height"above.
Shielding Shielding shall be required so that light measured 5 feet outside the property
boundary shall not exceed 0.1 footcandle. I_xterior lighting fixtures that will be
visible from adjacent residential areas shall be oriented such that the light source
is not visible from said adjacent property.
(2) Pedestrian walkway lighting. The minimum standards in Table 3-24 shall be
satisfied to insure the safe movement of pedestrians within a commercial,industrial
or public project (excluding public facilities where the site is closed during non-
daylight hours). In areas where special pedestrian security is desired, the property
owner should consider the specific recommendation for such activity areas noted in
Table 3-25 for lighting illuminance. Maximum allowable lighting level shall be
determined by applying the uniformity ratio (average-to-minimum/maximum) _
contained in Table 3-25 to the average illuminance required by Table 3-25.
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Table 3-24
- Pedestrian Ways Design Standards
Feature Standard
- Illuminance Minimum lighting shall meet the requirements as set forth in this table. Furthermore said light
shall be directed in such a manner that any changes in elevation of the walkway(i.e. steps or
curbs) shall be illuminated such that said features are clearly discernable(without shadow).
Fixture Type Pedestrian walkway light fixtures can be a combination of free-standing pole, bollard, in-place
step or building mounted fixtures. For building mounted fixtures, the Planning Director shall
insure that the proposed fixture type will be in scale with the building elevation on which it is
to be installed.The Planning Director may refer this latter determination to the Planning
Commission.
Fixture Heights Light fixtures shall not exceed the following height provisions:
- Free-standing pole-Not greater than 14 feet as measured from finish grade to the bottom of
the light fixture.
Building-mounted- Shall be located below the roof eave or 14 feet whichever is less.
Bollard- Said fixture type shall not exceed a height of 42 inches as measured fromf nish grade
to the top of the fixture.
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Table 3-25
Average Maintained Illuminance Levels for Pedestrian Ways*
Walkway and Bikeway Classification Minimum Average Average Vertical Levels
Horizontal Levels for Special Pedestrian
(Eavg) Security(Eavg)
Sidewalks (adjacent to roadways) and on-street bikeways
Commercial areas 101uxi 0.9 fc 221ux/2 fc
Intermediate areas 61ux/3.6 fc 11 lux/1 fc
Residential areas 21ux/0.2 fc 5 lux/0.5 fc
Walkways (not adjacent to roadways) and off-road bikeways
Walkways,bikeways, and stairways 5 lux/0.5 fc 5 lux/0.5 fc
Pedestrian tunnels 43 lua/4 fc 541ux/5 fc
* Crosswalks traversing roadways in the middle of long block and at street intersections should be provided with
additional illumination.
Notes: 1. The average vertical levels for special pedestrian security is for pedestrian identification at a distance.
Values at 6 feet above the walkway.
2. The average-to-minimum/maximum uniformity ratio in non-special pedestrian security areas shall not
exceed 4:1.
3. The average-to-minimum/maximum uniformity ratio in special pedestrian security areas shall not
exceed 5:1.
(3) Architectural and landscape lighting.The use of architectural or landscape lighting
to highlight the unique features of a building and/or surrounding landscape treatment
may be considered during the development review process. In order to consider
whether such lighting should be approved,the following procedures and criteria have
been prepared to assist in the consideration of such applications:
(A) Architectural and landscape lighting. The consideration and approval of said type
lighting shall be reviewed and approved by the Planning Commission. The
Planning Commission in considering such architectural and landscape
highlighting shall determine whether the lighting satisfies the criteria in
subsections(i)and(ii)and the general guidelines noted in subsections(iii)and
(iv).
(i) The lighting will illuminate an architectural feature or landscape feature
that is unique to the particular project due to the use of materials,
colors, or design characteristics that relate to similar historic features
that are found within the City; and,
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(ii) The architectural lighting proposal will enhance the design of a project
and is not solely used as an attraction getting device.
(iii) Location of fixtures. Highlighting fixtures may be located either on the
building,on adjacent ground,and on ornamental standards.These fixtures
are to be arranged such that they are not generally visible to the public.
(iv) Shielding for glare.Highlighting fixtures should be located and designed
in such a manner that the actual lamp and reflector are shielded or
louvered so that it is not seen from a normal public viewing area.
Shielding or louvering is especially important in areas where there is
considerable vehicle and pedestrian traffic that direct glare be avoided.
(B) Exposed string lighting regulations. Exposed string lighting is permitted subject to
the following provisions:
(i) Exposed string lighting shall be defined as low wattage lights with
individual bulb receptacle connected by electrical wires that are exposed
to the outside surface of a plant or building feature, more specifically
said lights shall be defined as a commercially available maximum 2.8 watt
system, designed for exterior installation and use. Lights which are
blinking or chasing are not permitted.
- (ii) Temporary exposed seasonal stringlighting shall be permitted during the
period between the third Saturday of November and New Year's Day.
Said lighting fixtures are to be removed by January 8th of each year.
(iii) Permanently exposed string lights are permitted in the General
Commercial (GC), Tourist Commercial (TC), Farm Market (FM), and
the Neighborhood Commercial (NC) Districts subject to the approval
by the Planning Director provided that all of the following criteria are
satisfied:
(a) Exposed permanent string lights shall be exclusively a white light
with a clear bulb and are limited to the lighting of living landscape
features (trees) if used in cornbination with other highlighting or
pedestrian lighting fixtures within the immediate area.
(b) Exposed string lights shall be limited to designated outside dining
or display areas and main pedestrian entry to a project site.
(c) Said lighting fixtures shall require an electrical permit for
installation and shall be secured to the landscape feature with
bands that will not puncture the skin of the plant.
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(d) Applications for such lighting shall be limited to one (1) per
project and shall not involve an area greater than five (5) percent
of the building square footage of a center nor more than fifteen
(15) percent for a free-standing commercial building not part of
a commercial center or plaza.
(e) Approval of applications shall be made by the Planning Director
upon satisfactory compliance with the limitations and design
parameters above. Said approval shall be conditioned to include
compliance with minimum property maintenance standards of
Title 8 Property Maintenance Standards. Failure to properly
maintain the lights shall be subject to removal of said fixtures.
(iv) Applications for exposed string lights that are not consistent with the
provisions of subsection (iii) above shall be subject to the review and
approval of the Planning Commission.
(4) Exterior display lighting. Display lighting for use defined and permitted in
accordance with Section 9-3.549 Storage and Display shall meet the standards
contained in Table 3-26.
(5) Security lighting. Security lighting shall be provided and shall include all pedestrian
lighting,signs(if used as security illumination),riot more than one-tenth(0.1)of the -
parking lot lights (these lights shall be equipped with a photo-cell for dusk to dawn
illumination),and required lights over all building entries.Exterior lighting including
parking lots shall be reduced in intensity between 10:00 p.m.,or one-half hour after
close of business,whichever is later, and 6:00 a.m.
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Table 3-26
Exterior Display Lighting Design Standards
Feature Standard
Illuminance The lighting of the display area will optimize the dispersion of light for a smooth
transition throughout the display area.The amount of display area light
projected onto the ground surface shall not exceed a 50 footcandle average(initial
light intensity)with an average to minimum ratio of not less than 5 to 1 (5:1).
This shall be the initial reading and not the maintained level of lighting.
Fixture Height The height of exterior light fixtures shall be as follows:
° Building-mounted fixtures shall be located below the roof eave.
° Pole-mounted shall not exceed 14 feet as measured from finish grade to the
top of the light fixture. Concrete pedestals used to protect the light pole
shall not exceed 24 inches in height and shall be included in the overall
height calculation.
° Roof mounted display lights are prohibited.
(c) Outdoor recreational lighting
Outdoor lighting associated with a permitted recreational use, shall be subject to the
approval of a conditional use permit by the City. All outdoor recreational lighting shall be
designed to comply with the standards contained in Table 3-27.
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Table 3-27
Outdoor Recreation Lighting Design Standards
Feature Standard
Illuminance The average and/or maximum light illuminance, measured in footcandles, shall not
exceed the recommended average or maximum guideline established for the
proposed recreational use by the Illuminating Engineering Society.The City may,
as part of the conditional use permit process, restrict lighting to a level less than
the Illuminating Engineering Society recommended guideline.
Pole Height The maximum height of outdoor lighting for courts (basketball,volleyball,
handball, horseshoe, etc.) shall not exceed 25 feet:as measured from finished
grade.The maximum height of outdoor lighting fcr athletic fields(baseball,
softball, football, soccer, etc.) shall be determined by the Planning Commission
during consideration of the Conditional Use Permit.
Lighting Lighting source shall be limited to metal halide.
Source
Shielding Lighting shall be directed to areas within the property line to minimize glare in
surrounding areas. Spillover and glare shall be minimized by using fixture cutoffs
and optically controlled luminaries on all lighting;nxtures. -
(1) Submission requirements. Application submission requirements shall be the same
as those listed under subsection (e)(1), below.
(2) Tennis court light standards. Specific standards regarding tennis courts are found
under Section 9-3.501 Accessory Uses and Structures.
(d) Residential districts
All properties zoned for residential use shall be subject to the exterior lighting standards
in Table 3-28. Standards apply to security lighting and decorative lighting:
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Chapter 9.3 -Zoning Districts and Standards
Table 3-28
Residential Lighting Design Standards
Feature Standard
Illuminance The amount of light projected onto any surface shall not exceed 5 footcandles.
Fixture Height Building-mounted lights shall be installed below the eave line and no higher than
14 feet unless used to illuminate a second story entry eave, balcony, or outside
stairway or door where in such case it shall be no higher than 8 feet above the
floor elevation of the second story. Pole or wall-mounted fixtures shall be limited
to 8 feet in height above finished grade.
Spacing of The distance separating lights shall be a minimum of 35 feet.An exception to this
Fixtures provision is for decorative lights located at the entrance to the main driveway to
the residence where said lights are to be located on opposite sides of the edge of
the driveway surface and low level pedestrian walkway lights (18 inches) not more
than 5 footcandles in intensity(except low-wattage light sources that do not
require an electrical permit).
Location of Lighting shall only be installed adjacent to buildings,walkways,driveways, or activity
Fixtures areas (swimming pools, spas, outdoor dining areas, equestrian barns, and other
similar uses) and focal landscape areas located in close proximity to the residence
or activity area.
Light Source The use of high pressure sodium and metal halide are permitted light sources.
Shielding Where the light source is visible from outside the;property boundaries, such
lighting shall not exceed 1 footcandle as measured at the property line common
with an adjacent private property.
(e) Administrative procedures
The following administrative procedures shall be used in considering applications for
exterior lighting permits:
- (1) Plan submission requirements.Applications for exterior lighting shall be in a form
approved by the Planning Director.
(2) All commercial,industrial,public institutional,,and residential districts(subsection
(b) and (d), above). All such permit actions are to be reviewed and determined to
be in compliance with the applicable provisions of this section. Said permit approval
is a ministerial action by the Planning Director pursuant to Section 9-2.303
Administrative Approvals.
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(3) Outdoor recreational lighting (subsection (c), above). All such uses are subject to
review and approval of a conditional use permit by the Planning Commission.
Procedures for consideration of a conditional us,e permit shall be per Section 9-2.31 S
Conditional Use Permit.
(4) Exceptions. Exceptions to the above standards shall be considered by the Planning
Commission after conducting a duly noticed and advertised public hearing.
Exceptions shall only be granted by the Planning Commission if the following findings
are made:
(A) The exception is consistent with the intern and purpose of these standards and
it will not adversely impact immediately adjacent properties; and
(B) The exception is necessary to provide minimum lighting levels to provide for
the safety of the public.
Section 9-3.531 Noise Standards (residential and non-residential)
(a) Noise level measurements
Any noise level measurement made pursuant to the provisions of this Code shall be
performed using a sound level meter.For the purposes of this section,"sound level meter"
shall mean an instrument meeting the American National Standard Institute's Standard
51.4-1971 for Type 1 or Type 2 sound level meters or an instrument with associated
recording and analyzing equipment which will provide equivalent data.
(b) Minimum exterior noise standards
(1) The following noise standards in Table 3-29 and 3-30 shall be used as the base of
measurement for determining noise violations affecting uses within the residential,
public and institutional and commercial districts. The General flan contains noise
compatibility standards for use when planning and making development decisions.
Table 3-29
Exterior Noise Standards for Residential
and Public and Institutional Districts
Noise Level Time Period
65 dB(A) 7:00 a.m. to 7:00 p.m.
55dB(A) 7:00 p.m. to 10:00 p.m.
45dB(A) 10:00 p.m. to 7:00 a.m.
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Table 3-30
Exterior Noise Standards for Commercial
Districts
Noise Level Time Period
65 dB(A) At any time during the day
Each of the noise levels set forth in this subsection shall be reduced by five(5)dB(A)
for impacts of simple tone noises or noises consisting of speech or music.
(2) No person at any location within the City, including the industrial and open space
districts,shall create any noise,or permit the creation of any noise,which causes the
noise level within a residential,public and institutional or commercial district to exceed
the standards included in Tables 3-29 and 3-30 by the amount and for the period
of time identified in Table 3-31.
Table 3-31
Maximum Noise Levels Not to be l?xceeded
Maximum Noise Level Not to be
Exceeded During Period of Time Period of Time
Exterior noise standard plus 20 dB(A) Any period of time
Exterior noise standard plus 15 dB(A) Cumulative periocl of more than 1 minute
in any hour
Exterior noise standard plus 10 dB(A) Cumulative period of more than S minutes
Exterior noise standard plus 5 dB(A) Cumulative periodof more than 15 minutes
in any hour
Exterior noise standard Cumulative period.of more than 30 minutes
in any hour
(3) The location selected for measuring exterior noise levels shall be at a point within
the affected property.
(c) Interior noise standards
- (1) No person at any location,including the industrial and open space districts,within the
City shall create any noise, or permit the creation of any noise, on property owned,
leased, occupied, or otherwise controlled by such person, which noise causes the
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noise level,when measured within a dwelling unit on any residential property during
the period from 10:00 p.m. to 7:00 a.m., to exceed:
(A) The noise standard plus ten (10) dB(A) for any period of time; or
(B) The noise standard plus five(5)dB(A)for a cumulative period for a cumulative
period of more than one minute in any:hour; or
(C) The noise standard for a cumulative period of more than five (5) minutes in
any hour.
(2) The method of noise level measurement for interior noise shall be made with the
windows and doors closed with the measurements made at a point at least four (4)
feet from the wall, ceiling, or floor nearest the noise source in the affected
residential unit.
(d) Special provisions
The following activities shall be exempted from the provisions of this section:
(1) School bands, school athletic, and school entertainment events;
(2) Carnivals, festivals, parades, arts and crafts exhibits, public dances, skating, and
entertainment events provided such events are conducted pursuant to a permit issued
by the Planning Director pursuant to the provisions of Section 9-3.553 Temporary
Uses and Structures;
(3) Any mechanical device,apparatus,or equipment used,related to,or connected with
emergency machinery,vehicles, or work;
(4) Noise sources associated with construction,repairs,remodeling,or thegrading of any
real property, except that such activities shall not be exempt from the provisions of
this section if conducted from 6:00 p.m. to 7:00 a.m. on Monday through Friday,
or from 4:30 p.m. to 8:30 a.m. on Saturday,or at any time on Sunday or a national
holiday;
(5) Any mechanical device, apparatus, or equipment utilized for the protection or
salvage of agricultural crops during periods of potential or actual frost damage or
other adverse weather conditions;
(6) Mobile noise sources associated with agricultural operations, except that such
operations shall not be exempt from the provisions of this section if conducted from
8:00 p.m. to 7:00 a.m. on Monday through Saturday or at any time on Sunday or a
Federal holiday;
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(7) Mobile noise sources associated with agricultural pest control through pesticide
applications provided such applications are made in accordance with restricted
material permits issued by, or regulations enforced by, the County Agriculture
Commissioner;
(8) Noise sources associated with the maintenance of real property used for residential
purposes provided such activities take place from 7:00 a.m.to 8:00 p.m.on any day
except Sunday or from 9:00 a.m. to 8:00 p.m. on Sunday, for example, mowing
lawns and carpentry repairs; and
(9) Any activity for which regulation is preempted by State or Federal laws.
(e) Nuisances
Noise shall be considered a nuisance pursuant to Article 4 of Chapter 2 of this title.
Section 9-3.533 Nonconforming Uses, Lots, and Structures
(a) Purpose and intent
Within the districts established by Section 9-3.101 Districts Established,where there exist
lots,structures, or uses of land and structures which were lawful before November 17, 1975,
but which are prohibited or restricted by Chapter 3 of this title, this section provides for
the regulation of such nonconformities by specifying the circumstances and conditions
under which they may continue to exist.
(b) Continuation of nonconformities
Except as otherwise permitted by the provisions of Chapters 1 through 5 of this title,
nonconformities may be continuously maintained provided there is no alteration or
addition to any structure,nor any enlargement of area., space, or volume occupied by such
nonconformity.
(c) Time periods affecting nonconformities
Unless otherwise specifically set forth, all time periods affecting nonconformities shall
begin on November 15, 2002,or on the effective date of an amendment to the provisions
of Chapters 1 through 5 of this title or change in the O�jciol Zoning Map if such amendment
or change causes a nonconformity.
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(d) Repairs and maintenance
(1) Ordinary repairs and maintenance work. Ordinary repairs and maintenance work
may be made to a nonconformity, subject to the following provisions:
(A) Maintenance work shall not include structural alterations, except those
required by law or those required to make the structure and use conform to the _
standards and use regulations of the district in which such structure and use are
located.
(B) Ordinary repairs and the repair or replacement of nonbearing walls, fixtures,
wiring, and plumbing may be made to an extent not exceeding the latest
assessed valuation of the structure. In no case,however, shall the cubic content T
of the structure as it existed when it became subject to nonconformity be
increased.
(2) Repairs to damages. In the event such damage or destruction exceeds twice the
assessed valuation of such structure,that structure shall not be reconstructed except in
conformity with all use and area regulations for new structures in the district in which
such structure is located.
(3) Strengthening and restoring. Nothing set forth in this section shall be deemed to
prevent the strengthening or restoration to a safe condition of any structure or its
support structure, or part thereof, declared to be unsafe by any officer of the City
charged with protecting the public safety upon the order of such officer.
(e) Enlargement
A nonconformity shall not be enlarged in volume or extended or relocated beyond the area _
it occupies, unless its enlargement, extension, or relocation is:
(1) Made to conform to the regulations of the district in which it is located; and —
(2) Conforms to the following provisions:
(A) Any exception permitting the enlargement, extension, or relocation shall not
be construed to extend the termination date, if any, of the subject
nonconformity.
(B) Where parking and loading requirements are the cause for nonconformity,the
use shall not be intensified,nor associated structure enlarged or altered to create
additional dwelling units, guest rooms, seating capacity, or floor area, unless
additional parking and loading requirements are supplied and maintained to
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meet the parking requirements, subject to the provisions of Section 9-3.535
Parking.
(f) Change of nonconforming uses to other uses
A nonconforming use shall not be changed to another use, except to a use permitted in the
district where is its located.
(g) Nonconforming lots and the construction of single-family dwellings
In any district in which single family dwellings are permitted, a single family dwelling and the
customary accessory structures may be erected on any ht which is only nonconforming with
respect to the lot area and lot width standards. However, such lot shall be in separate
ownership and not of continuous frontage with other lots in the same ownership.
(h) Nonconforming lots in single ownership
If two (2) or more unimproved lots with continuous frontage in single ownership are of
record on September 17, 197 5,and if all or part of such lots do not meet the requirements
established for lot width and area,the lands involved shall be considered to be an undivided
parcel for the purposes of Chapters 3 and 4 of this title. No portion of such a parcel shall be
used or sold in a manner which diminishes compliance with the lot width and area
requirements set forth in Chapters 3 and 4 of this title.
(i) Nonconforming uses in the Specific Plan/Precise Plan (SP/PP) District
Minor modifications to nonconforming uses in areas designated Specific Plan/Precise Plan
(SP/PP) and subject to a Specfc or Precise flan may be approved subject to the
requirements of Section 9-3.317 Specific Plan/Precise Plan (SP/PP) District.
(j) Nonconforming amateur radio antennas
All amateur radio antennas lawfully constructed and erected prior to the effective date of the
ordinance codified in Section 9-3.507 Antennas are considered legal nonconforming and
are not subject to the development standards included in Section 9-3.507 Antennas provided
that a record of its size, location, height and any other information deemed necessary by
the Planning Director is on file with the Department of Planning Services. In order to secure
any right under Section 9-3.507 Antennas,the amateur radio antenna owner shall submit
this record to the Department of Planning Services on a form or application supplied by
the Department of Planning Services.The amateur radio antenna owner is responsible for
providing the necessary information to the Cite for inclusion in the record of
nonconforming antennas.
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(k) Nonconforming home business uses
(1) Removal within 60 days. Any existing home business use in existence prior to
November 15, 2002 which is nonconforming to the regulations of Section 9-3.523
Home Business are hereby deemed to be a public nuisance and shall be removed by
the occupant within an amortization period of sixty(60)days from enactment of the
ordinance codified in this section.
(2) Extensions. The Planning Director may grant an exception to the above-stated
maximum period of time for removing the home business use by granting an
additional permit of time for removal; however, the extension of time shall not be
greater than the time necessary to amortize documented expenditures directly
associated with the home business use undeir applicable criteria of the Internal
Revenue Code. The permittee shall have the burden of presenting creditable
information to support the request.
(1) Structures and plans previously approved
(1) Any structure which was approved prior to November 15, 2002, but which does not
conform to any or all of the provisions of Chapters 1 through 5 of this title,may be
completed and used in accordance with the provisions of Chapters 1 through 5 of
this title, or any amendment thereto, provided:
(A) The construction or proposed use of such structure is not in violation of any
other law on November 15, 2002;
(B) Such structure is completed in accordance with the plans and specifications
previously approved as to City requirements; and
(C) The building permits for the structure were obtained on or before November
15, 2002, and, once issued, the building;permit did not become void.
(2) Approved tentative maps shall remain effective until November 15, 2002, or until Y
such time as the map shall normally expire. If a tentative map approved prior to
November 15,2002,is considered for an extension,such extension may be granted -
upon a finding by the Planning Commission that the tentative map is in substantial
compliance with the provisions of Chapters 3 and 4 of this title.
(m) Removal of nonconforming uses or structures
The City may adopt abatement programs for non-conforming uses and structures that are found
to cause a public nuisance. The abatement program shall identify an amortization period
and process for the removal of non-conforming use or structure.
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(n) Violations
Any of the following violations shall immediately terminate the right to operate a
nonconformity:
(1) Changing a nonconforming use to another use not permitted in the district or allowed
pursuant to the provisions of subsection (f) of this section;
(2) Increasing or enlarging the area, space, or volume occupied by or devoted to such
non-conforming use; or
(3) Increasing the number of personnel employed or volume of business performed so
that such increase constitutes an intensification of the nonconforming use.
Section 9-3.535 Parking
(a) Purpose and intent
The provisions of this section are established to provide for the off-street parking of motor
vehicles which are attracted by uses on the premises. The parking facilities required by this
section for motor vehicle parking and maneuvering are assumed to be the minimum need for
such facilities created by each particular land use. It is intended that the provisions of this
section will:
(1) Result in properly designed parking areas of adequate capacity which will reduce
traffic congestion, promote increased business, and enhance public safety;
(2) Where appropriate, insulate surrounding uses from the adverse impacts of parking
facilities; and
(3) Prescribe the minimum off-street parking and loading requirements for the various
structures and uses irrespective of the districts in which they occur.
(b) General requirements
(1) Certificates of use and occupancy. A certificate oFuse and occupancy for any structure or
premises shall be issued only after all the required parking and loading facilities have
been completed in conformance with the provisions of this section.
(2) Changes in uses.When the use of any structure or premises is changed to a different
use having a higher parking requirement,additional parking shall be provided to meet
the new requirements prior to the issuance of a new cern icate of use and occupancy.
When the use of any premises is enlarged or expanded, additional parking to meet
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the requirements of this section shall be provided for the enlarged or expanded
portion only.
(3) Existing required facilities. Off-street parking and loading facilities in existence on
September 17, 1975, or authorized by an approved development plan, shall not be
reduced below the requirements for an equivalent new structure or use. All such
facilities shall be continued for as long as the structure or use served is continued or
until equivalent facilities are substituted in conformance with the provisions of this
section.
(4) Facilities not required.Any off-street parking or loading facility which is permitted
but not required by this section shall comply vAth all the provisions of this section
governing the location, design,improvement, and operation of such facilities.
(5) Location of facilities. All permitted or required accessory parking and loading
facilities shall be provided on the same site as the structure or use served,except where
specifically permitted to be located off the site by the provisions of subsection (c) of
this section.
(6) Use of facilities for storage. The storage of merchandise, motor vehicles for sale,
recreational vehicles, trucks, or wrecked or junked vehicles or the repair of vehicles in M
areas designed for off-street parking shall be prohibited.
(7) Requirements for unspecified uses. Parking requirements for structures and uses not
set forth in subsection(g)of this section shall be determined by the Planning Director,
and such determinations shall be based on the requirements for the most
comparable structure or use specified.
(c) Parking facilities -Joint use/shared parking
(1) Authorized.Parking facilities may be provided jointly subject to the satisfaction of the
requirements of this section and approval by the Planning Commission pursuant to
Section 9-2.317 Conditional Use Permit.
(2) Joint usage where there is an overall deficiency in the number of spaces provided.
Parking facilities for adjoining uses whose peak hours of operation are substantially
different may be provided jointly. Such joint usage shall be subject to:
(A) The granting of a conditional use permit by the City in each case; and
(B) The satisfaction of the following conditions:
(i) Absence of conflicts. Sufficient: evidence shall be submitted
demonstrating that no substantial conflict in the principal hours or
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periods of peak demands of the structures or uses for which the joint use
is proposed will exist.
(ii) Amount of credit. The number of parking spaces which may be credited
against the requirements for each structure or use involved shall not
exceed the number of spaces reasonably anticipated to be available
during the differing hours of operation.
(iii) Location.The parking facilities desipated for joint use shall be contiguous
to all the structures and uses served.
(iv) Recorded agreements. The City may require a written agreement,
approved by the City Attorney as to form and content,to be executed by
all parties concerned and filed in the office of the County Recorder. Such
agreement shall be a covenant running with the land or other
enforceable restriction and shall assure the continued availability of the
number of spaces designated for joint use at the periods of time
indicated.
(3) Joint usage where there is no overall deficiency in the number of spaces provided.
If two (2) or more adjoining uses are under cornmon ownership, or if the ownership
is not common and the respective owners thereof have acquired recordable easements
appurtenant for off-street parking,such buildin�,ls or uses collectively may provide the
required off-street parking,in which case the required number of parking spaces shall
not be less than the sum of the requirements for the several individual uses computed
separately.
(4) Mixed land use developments (shared parizing,l. Shared parking may be considered
in determining the specific number of parking spaces that can be used to serve two(2)
or more individual land uses without conflict or encroachment. Any program that
would use a shared parking concept may be granted by the Planning Commission if
it determines in any individual use that the following findings can be satisfied:
(A) Variations in the peak accumulations of parking vehicles as the result of different
activity patterns of mixed land use will not result in a deficiency of parking
spaces (by hour, by day, by season).
(B) Relationship among land use activities that results in people's attraction to two
(2) or more land uses on a single trip to the development.
In preparing information for consideraton by the Planning Commission, a
methodology acceptable to the Planning Director and Director of Public Works
is to be used.
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(d) Parking facilities - Design and improvement standards
(1) General design requirements
(A) All spaces shall be provided adequate access by means of maneuvering lanes.
Spaces designed so that it is necessary to back directly into a public street to
enter or to leave them shall be prohibited, except for residential garages and
carports serving single family dwellings and duplexes.
(B) Adequate entries and exits to and from parking facilities by means of clearly _
defined drives shall be provided for all vehicles. Circulation within a parking
facility shall be such that:
(i) A vehicle using the parking facility need not enter the street to reach another
aisle within the same facility.
(ii) All parking spaces,garages, and carports shall be accessible and usable for
the full number of parking spaces required whenever the use or structure
which they were built to serve is in operation.
(C) Continuous curbs and/or headers shall be used instead of individual wheel
stops, unless otherwise approved by the Planning Director.
(D) The illumination of a parking or loading facility shall conform to the —
requirements standards contained in Section 9-3.529 Lighting.
(E) The entire parking area, including the parking spaces and maneuvering lanes
required by this section, shall be paved with asphaltic, concrete surfacing, or
other acceptable material in accordance with specifications approved by the
Gy Engineer and Orange County Fire Authority.
(2) Specific design requirements
(A) Markings. In all parking facilities, individual stalls shall be marked with hairpin
lines four(4)inches to six(6)inches wide forming an elongated"LI"between
twelve (12) inches and twenty-four(2 4) :inches wide around the centerline of
each stall, except that parking facilities serving not more than two (2) dwelling
units on a single lot need not be marked. The space widths set forth in this
subsection shall be the overall width of the stall, including the areas required
for marking.
In all parking facilities containing twenty-one (2 1) or more spaces, the aisles,
approach lanes,and maneuvering areas shall be clearly marked with directional
arrows and lines to expedite traffic movement. Once a parking faciliy has been
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marked in accordance with the approved site plan, the markings shall be
permanently maintained.
(i) Marking maintenance. Will be properly marked and maintained.
(ii) Changes. If any changes to existing markings are approved by the City,
existing markings shall first be ground out or sand blasted prior to re-
marking the parking area. Painting over existing markings without first
grinding out or sand blasting is :not permitted. Re-marking of the
parking area according to the approved, revised site plan will be done in
accordance with this section.
(B) Layout. Plans for the layout of off-street parking facilities shall be in accordance
with the minimum requirements set forth in Table 3-32 and Figure 3-4. For
landscape islands at the end of aisles,the length of the island shall be rounded
with a maximum dimension of fifteen (15) feet from the front of the parking
stall to the end of the landscape island (as shown in Figure 3-4).
(C) Residential garages. For residential uses, single-car garages shall be a minimum
of ten(10) feet wide by twenty(20) feet deep,and two (2) cargarages shall be
a minimum of nineteen (19) feet wide by twenty(2 0)feet deep,provided no
washer/dryer or water heaters are located within said designated area.
TABLE 3-32
MINIMUM PARKING FACILITY STANDARDS
- Aisle Width* Space Space
Parking Angle (Degrees) (One-Way Width Depth**
Flow) All Uses All Uses
Parallel Parking(0°)*** 13 feet 9 feet 24 feet
1-34 13 feet 9 feet 19 feet
35-44 15 feet 9 feet 19 feet
45-54 16 feet 9 feet 19 feet
55-64 19 feet 9 feet 19 feet
65-74 22 feet 9 feet 19 feet
75-90 25 feet 9 feet 19 feet
For two-way flow, the aisle widths, approach lanes, and maneuvering areas
shall be a minimum of 25 feet wide for all parking angles.
** For parking angles greater than 59 degrees, up to 2 feet of the space depth may
be provided in overhang beyond the front curb.
** If parallel parking spaces are paired,with at least 8 feet of red curbing between
-- the pairs,the space depth may be a minium of 20 feet.
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4 to 6 inches wide
white striping"Hairpin"
of elongated"U"Design Legend
OPlanter
Space width 9 feet
Tree
12 to 24 inches wide—
Property Line Street
Boundary Landscaping
Space Depth a 15'
Aisle Width
Interior 3
Landscape Island y
1 ' A
a
Overhang
Space
Width
Space
Depth
Parldng Angle Space Depth
Curb
Overhang
Space ^
Width
Angled Parking Parallel Parking
Figure 3-4
Parking Facility Design Requirements
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(e) Parking facilities - Landscaping
Refer to Section 9-3.529 (h) (1) and (2) Landscape.
Off-street parking requirements - General
(1) Units of measurement
(A) Fractional remainders.When the unit of measurement determining the number
of required parking spaces results in the requirement of a fractional space, any
fraction up to, but not including, one-half ('/2) shall be disregarded, and
fractions equal to, or greater than, one-half('/2) shall require one (1)parking
space.
(B) Number of employees. When the unit of measurement determining the number
- of required parking spaces is based on the number of employees, the maximum
shift or employment period during which the greatest number of employees is
present at the structure or use shall be used in the computation.
(C) Net floor area. When the unit of measurement determining the number of
required parking spaces is based upon the net floor area, such area shall be
calculated by measuring the total`floor area from within the exterior surface of
the walls of the structure but shall exclude:
(i) Mechanical equipment spaces and shafts; and
(ii) Elevators, common restrooms, stairways, escalators, and enclosed or
covered parking facilities, loading berths, docks, and ramps.
(D) Fixed seats. When the unit of measurement determining the number of
required parking spaces is based upon the:number of fixed seats in a structure or
use, each 24 inches of pew, bench, or other seating space shall count as one
seat.
(2) Spaces required for commercial vehicles and f�r loading
(A) Spaces for commercial vehicles. In addition to the parking spaces required by
subsection(g)of this section for owners,occupants,employees,customers,and
visitors of structures and uses, one (1) parking space shall be provided for each
commercial vehicle used in conjunction,;with the operation of any structure or
use. The parking spaces for such accessory vehicles shall be provided within a
designated parking space on the same lot as, or adjacent to, the structure or use to
which the vehicles are necessary.
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(B) Off-street loading.Off-street loading space shall be required on the same building
site with every building, storage warehouse, auto dealership, wholesale
distributor, goods display center, department store, market, hotel, hospital,
funeral home,laundry,dry cleaning,and other similar uses involving the receipt
or distribution by vehicle of materials or merchandise incidental to carrying on
such activity. Such space shall be sufficient to permit the standing,loading,and
unloading of vehicles to avoid undue interference with the public use of streets
and alleys and shall not be a part of the building site area used for the off-street
parking required for each particular use.
(3) Spaces for handicapped persons. Parking spaces for handicapped persons shall be
provided in accordance with accepted State standards, and shall be considered as
part of the parking space requirements for the given facility.
(4) In-lieu fee program. To provide for adequate off-street parking facilities and allow for
creative solutions to parking issues, the City may adopt an in-lieu fee program to
assist in the funding of off-street parking.
(g) Off-street parking requirements - Schedule
(1) Use. Off-street parking requirements for a project shall be based on the land use
and or zoning district.
(2) Parking Management Plan-Criteria.The numerical parking requirements set forth -
in this subsection may be reduced through the granting of an exception by the
Planning Commission when a parking management plan is developed for a project.
Such parking requirements shall be reduced only if the parking management plan
incorporates provisions encouraging the use of public transportation facilities or
otherwise aimed at reducing the growth of total vehicle miles traveled.
(3) Residential uses. The parking requirements for residential uses shall be in addition
to the spaces required for any recreation or community center provided within a
residential development. The space requirements for recreation and community
centers shall be determined pursuant to subsection (5) of this subsection. The
Planning Commission, in conjunction with the development review procedure -
pursuant to Article 3 Development Review Procedures of Chapter 2 of this title,may
credit some or all of the recreation or community center spaces provided toward the
satisfaction of the visitor parking requirements for the development if such spaces
are in close proximity to residences within the development.
For residential developments within the Multiple-Family (RM), Affordable
Family/Senior Housing (AF/SH), Mobilehcme Park (MHP), and Planned
Community (PC) Districts, there shall also be provided one (1) recreational vehicle
space for every seven (7) dwelling units, as well as for developments in the Hillside
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Chapter 9.3 -Zoning Districts and Standards
Residential (HR), Single-Family (RS-10,000, RS-7,000 and RS-4,000) and
Residential Garden (RG-7,000 and RG-4,000) Districts wherein any individual lot
sizes are less than 10,000 square feet for the exclusive use of project residents.
The numerical parking requirements for residential uses are identified in Table 3-
33.
Table 3-33
Residential Parking Requirements
Land Use Type Required Off-Street Parking, Notes and Comments
Apartment- Studio 2.0 off-street parking spaces per
dwelling unit, at least I space per
dwelling unit shall be in a garage;
and
_ 0.5 spaces per dwelling unit visitcr
parking
Apartment-One(1) bedroom 2.0 off-street parking spaces per
units dwelling unit, at least 1 space per
dwelling unit shall be in a garage;
and
0.5 spaces per dwelling unit visitor
parking
Apartment -Two (2) bedroom 2.5 off-street parking spaces per
units dwelling unit, at least 1 space per
dwelling unit shall be in a garage;
and
0.5 spaces per dwelling unit visitor
parking.
Apartment -Three(3) or more 3.0 off-street parking spaces per
bedroom units dwelling unit, at least I space per
dwelling unit shall be in a garage-,
and
0.5 spaces per dwelling unit visitor
parking.
Senior Apartments 1.0 space per unit.
(age restricted)
Boarding and lodging houses, 1.0 off-street parking spaces per In dormitories,each 100
student housing, dormitories, guest rooms and square feet of gross floor area
and fraternity and sorority shall be considered
housing 1.0 per each dwelling unit. equivalent to 1 guest room.
Mobilehome parks 2.0 off-street parking spaces per Visitor parking shall be
dwelling site, at least I space per evenly distributed
dwelling to be covered, I space throughout the park.
may be tandem-,
0.4 spaces per dwelling site for
visitor parking,plus the spaces
required for recreation centers, if
any.
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Table 3-33
Residential Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Multiple-family residences 2.0 off-street parking spaces per The visitor parking ratio -
dwelling unit, at least 1 of which shall be maintained within
shall be either in a garage or each sub-area of a
covered (tandem parking development so that all
prohibited);and residences are within -
reasonable walking distance
0.8 spaces per dwelling unit visitor from the nearest visitor
parking. parking space.The design and
location of visitor parking
areas shall be subject to
approval by the Planning
Commission in conjunction
with the development review
procedure.
Single-family residences 2.0 off-street parking spaces per
(Single family detached dwellings, dwelling unit in a garage;and
two family dwellings(duplexes), and
zero lot-line dwellings utilizing a 0.8 spaces per dwelling unit visitor
common wall) parking.
(4) Business and commercial uses. The numerical parking requirements for business
and commercial uses are identified in Table 3-34. For the purposes of this section,
"shopping center"shall mean a group of two(2)or more commercial establishments
planned and developed, owned, and managed as a unit,with off-street parking and
loading provided on the property. _..
Table 3-34
Business and Commercial Uses Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Building materials and equipment 1.0 off-street parking space per --
sales and storage yards each 800 square feet of gross
floor area; and
1.0 per each 10,000 square feet
of outdoor sales, storage, or
service area;and
1.0 per each registered motor
vehicle operated in conjunction
with the use or building.
Car washes, except self-operated 1.0 off-street parking space per In determining capacity, -
employee, plus reservoir(line-up) each 20 linear feet of wash
parking equal to 5 times the line shall equal 1 car length.
capacity of the car wash
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Table 3-34
Business and Commercial Uses Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Car washes, self-operated 5.0 off-street parking spaces per A wash stall shall not be
each 2 wash stalls counted as a parking space.
Coin-operated laundries 1.0 off-street parking space per
each 3 washing machines
Commercial repair establishments, 1.0 off-street parking space per Square footage calculation
such as motor vehicle repair garages, each 500 square feet of gross shall not include areas used
marine service establishments, floor area exclusively for storage or
appliance service,and similar type loading.
uses
Fast food and takeout restaurants 1.0 off-street parking space per
not having drive-thru facilities each 50 square feet of grossfloor
area,but not less than 8.0 per
each such use
Food stores,grocery stores, 1.0 off-street parking space per
supermarkets, and similar uses in each 200 square feet of gross
shopping centers or individually- floor area
developed
Furniture and appliance 1.0 off-street parking space per
establishments each 500 square feet of gross
floor area,except areas used
exclusively for storage or loading,
but not less than 5.0 off-street
parking spaces per each such use
General retail in individually- 1.0 off-street parking space per
developed establishments or each 250 square feet of leasable
within shopping centers floor area
General wholesale establishments 1.0 off-street parking space per
each 1,500 square feet of gross
floor area,but not less than 6.0
per each such use
Hotels/motels 1.0 off-street parking space per Employee parking shall be
each guest unit,plus 1.0 per calculated using the
employee maximum number of
personnel on-site between
6:00 PM and 6:00 AM.
New and used vehicle sales and 1.0 off-street parking space per
services, including bicycle shops each 500 square feet of gross
floor area, except areas used
- exclusively for storage or loading
Restaurants, cafes,taverns,and 1.0 off-street parking space per Dining or drinking area shall
cocktail lounges each 40 square feet of dining or include all the floor area,
drinking area, but not less than except restrooms, kitchens,
8.0 off-street parking spaces per sculleries,storage, and
each such use equipment areas.
Retail plant nurseries,garden 1.0 off-street parking space per Calculation of square
shops, and similar uses with each 500 square feet of display footage includes both indoor
outdoor sales and display areas and sales area,but not less than and outdoor,excluding
5.0 per each such use areas used exclusively for the
storage or propagation of
plants.
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Table 3-34
Business and Commercial Uses Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Service stations 1.0 off-street parking space per
each 2,500 square feet of gross
site area, but not less than 8.0
per each such use
(5) Office, service, health, and professional uses. The numerical parking requirements
for office, service, health, and professional uses are identified in Table 3-35.
Table 3-35
Office, Service, Health, and Professional Uses Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Banks, savings and loan 1.0 off-street parking space per
institutions, ticket agencies, and each 200 square feet of gross
other similar establishments floor area -
utilizing window services for
patrons within individually
developed establishments or office
complexes
Barber shops 2.0 off-street parking spaces per
barber chair, but not less than
1.0 per each such use
Beauty salons 3.0 per beautician station,but
not less than 6.0 per each such
use
Convalescent and nursing homes, 1.0 off-street parking space per
assisted care facilities, senior living each 3 beds
facilities,children's homes, and
sanitariums
Hospitals 1.5 off-street parking spaces per
each patient bed
General office 3.5 off-street parking spaces per
1,000 square feet of gross floor
area or 1.0 space per employee,
whichever is greater
Medical and dental offices, 1.0 off-street parking space per Calculating the gross floor
centers, and clinics,but excluding each 200 square feet of gross area includes pharmacies and
hospitals floor area;and other retail uses, but
excludes corridor and lobby
1.0 per each separate medical or areas.
dental office or laboratory
Office park that includes general 1.0 off-street parking space per _.
office, restaurants, banks, savings 200 square feet of gross floor area
and loans and support services
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9-3-180 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Table 3-35
Office, Service, Health, and Professional Lases Parking Requirements
Land Use Tvpe Required Off-Street Parking Notes and Comments
- Research centers devoted nearly 1.0 off-street parking space per
exclusively to research and 300 square feet of gross,floor area
development activities;may also
contain offices and some light
fabrication areas
Veterinary offices and clinics and 1.0 off-street parking space per
veterinary hospitals each 250 square feet of gross
floor area;and
1.0 per each separate medical or
dental office or laboratory
(6) Recreational uses and places of assembly.The numerical parking requirements for
recreational uses and places of assembly are identified in Table 3-36.
Table 3-36
Recreational Uses and Places of Assembly Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Bowling lanes,pool halls and 5.0 off-street parking spaces per
billiard halls bowling lane and 2.0 per pool or
billiard table, plus the spaces
required for additional uses on
the site
Churches, chapels, and mortuaries 1.0 off-street parking space per
each 3 fixed seats;and
1.0 off-street parking space per
every thirty(30) square feet of
seating area where there are no
fixed seats
Driving ranges 1.5 off-street parking spaces per
tee, plus the spaces required for
additional uses on the site
Golf courses and country clubs 1.3 off-street parking spaces per
that include clubhouses with bars gross acre
and banquet facilities
Health studios, spas, and athletic 1.0 off-street parking space per For the purposes of this use,
clubs each 150 square feet of gross swimming pools shall be
floor area counted as a part of the
gross floor area.
Lodges, clubs,dancing, and similar 1.0 off-street parking space per
uses each 3 people allowed under the
maximum occupancy.
Pitch and putt and miniature golf 2.0 off-street parking spaces per
courses hole, plus the spaces required for
additional uses on the site
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Chapter 9.3 -Zoning Districts and Standards
Table 3-36
Recreational Lases and Places of Assembly Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Recreation centers, community 1.0 off-street parking space per
centers, and noncommercial each 4 persons, based upon the
swimming pools maximum capacity of all facilities
capable of simultaneous use as
determined by the Planning -"
Director;and
1.0 off-street parking space per
employee --
Skating rinks, ice and roller, 1.0 off-street parking space per
including arena hockey each 100 square feet of gross
,floor area, plus the spaces
required for additional uses on
the site
Stables 1.0 off-street parking space per
(commercial) each 5 horses based on the
maximum number of horses
capable of being boarded as
determined by Section 9-3.515
Equestrian Standards
Swimming pools 1.0 off-street parking space per
(commercial) each 200 square feet of water
area, plus the spaces required for
additional uses on the site
Tennis, squash, and handball 4.0 off-street parking spaces per
courts court or 1,000 square feet of —.
gross floor area,whichever is
greater
Theaters, auditoriums, 1.0 off-street parking space per
gymnasiums, arenas, and stadiums each 3 fixed seats;and
1.0 per every 30 square feet of
seating area where there are no
fixed seats
(7) Educational and cultural uses.The numerical parking requirements for educational
and cultural uses are identified in Table 3-37.
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Chapter 9.3 -Zoning Districts and Standards
Table 3-37
_ Educational and Cultural Uses Parldng Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Business, professional, and trade 1.0 off-street parking space per
schools faculty, staff member, or
employee; and
1.0 off-street parking space per
each 3 students; and
The additional requirements for
auditoriums and stadiums
Child care centers, day nurseries, 1.0 off-street parking space per
and preschool and nursery schools employee or staff member; and
1.0 off-street parking space per
every 8 children allowed under
the maximum occupancy
Colleges and universities, 1.0 off-street parking space per
including auditoriums and faculty,staff member, or
stadiums on the site employee; and
1.0 off-street parking space per
each 3 students and
The additional requirements for
auditoriums and stadiums
Private elementary and junior high 1.0 off-street parking space per
schools, including auditoriums and teacher, staff member, or
stadiums on the site employee; and
1.0 space per 15 students for
student loading/unloading and
visitor parking; and
The additional requirements fo:r
auditoriums and stadiums
Libraries, museums,and public 1.0 off-street parking space per
art galleries each 250 square feet of gross
floor area
School administration buildings 3.5 off-street parking spaces per
each 1,000 square feet of gross
floor area
Private senior high schools, 1.0 off-street parking space per
including auditoriums and teacher, staff member, or
stadiums on the site employee;and
1.0 off-street parking space per
each 5 students regularly
enrolled; and
The additional requirements for
auditoriums and stadiums
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9-3-183 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(8) Manufacturing and related uses. The numerical parking requirements for
manufacturing and related uses are identified in Table 3-38. In addition to the
requirements set forth in Table 3-38, each manufacturing or related use shall
provide one(1)parking space per each registered motor vehicle operated in conjunction
with the use or building. -
Table 3-38
Manufacturing and Related Lases Parking; Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Industrial parks containing a 3.0 off-street parking spaces per
number of industrial, 1,000 square feet of gross floor
manufacturing,warehouse area
facilities or related facilities
Laboratories and research 1.0 off-street parking space per
establishments each 300 square feet of gross _
floor area, but not less than 3.0
per each 4 employees
Single tenant manufacturing and 1.0 off-street parking space per
industrial establishments, each 500 square feet of gross
including offices and other floor area, but not less than 3.0
incidental operations on the same per each 4 employees
site
Mini-storage facilities which 1.0 off-street parking space per
provide rent or leasable storage each 4,000 square feet of gross
areas of maximum 600 square feet leasable area
per storage unit -
Public utility facilities, including 1.0 off-street parking space per
electric,gas,water, telephone, each employee, but not less than
and telegraph facilities not having 2.0 per each such facility
business offices on the premises
Warehouses and storage buildings 1.0 off-street parking space per
each 1,000 square feet of gross
floor area, but not less than 1.0
per each employee
Section 9-3.537 Recycling Facilities
(a) Purpose and intent
The provisions of this section are established to provide for the redemption and recycling
of reusable materials and make such facilities convenient to the consumer in order to
reduce the solid waste stream to landfills and increase the recycling of reusable materials.
The recycling facilities outlined by this section are intended to encourage recycling services by
providing a comprehensive and easily understood program of permitting and regulating
such uses.
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Chalpter 9.3 -Zoning Districts and Standards
(b) Land use standards
(1) Permit requirements. No person shall permit the placement, construction, or
operation of any re ycling facility without first obtaining approvals and a permit
pursuant to the provisions set forth in this section. The fees associated with the
processing of conditional use permits shall be established by separate City Council
resolution. Recycling facilities shall be permitted as set forth in Table 3-39.
Table 3-39
Allowed Recycling Facilities
Reverse Small Large Light Heavy
Base District Vending Collection Collection Processing Processing
Machine Facility Facility Facility Facility
RA -- -- -- --HR -- -- -- -- --
RSE-40,000 -- -- -- -- --
RSE-20,000 -- -- -- --RS-10,000 -- -- -- --
RS-7,000 -- -- -- -- --
RS-4,000 -- -- --
RG-7,000 -- -- -- -- --
RG-4,000 -- -- -- -- --
_: RM -- -- -- -- --
AF/SH -- -- -- -- --
MHP P S -- -- --
TC P S -- -- --
NC P S S -- --
GC P S S C C
OC P S -- -- --
CM P S S C C
IP P P S C C
A C/S C/S C/S C/S C/S
P&I P S S -- --
GOS -- -- -- -- --
OSR -- -- -- --NP -- -- -- -- --
CP -- -- -- -- --
SP -- -- -- -- --
RP -- -- -- -- --
NOS -- -- -- -- --
RC P S -- -- --
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Chapter 9.3 -Zoning Districts and Standards
Table 3-39
Allowed Recycling Facilitie<.
Reverse Small Large Light Heavy
Base District Vending Collection Collection Processing Processing
Machine Facility Facility Facility Facility
FM P S -- -- --
SWF P P S C C
PC P S -- -- --
SP/PP P S -- -- --
-- = Not permitted
P = Permitted
C = Conditional Use Permit
S = Site Plan Review —
(2) Operational/site standards. Those recycling facilities permitted shall meet all of the
applicable criteria and standards listed. Those recycling facilities permitted with a
conditional use permit shall meet the applicable criteria and standards provided that the
Zoning Administrator or Planning Commission, as the case may be, may grant an -
exception to said stricter standards as an exercise of discretion upon finding that
such modifications are reasonably necessary in order to implement the general intent
of this section and would be compatible with adjiacent uses.
The criteria and standards for recycling facilities are as follows:
(A) Reverse vending machines.Reverse vending machines located outside a structure do not
require discretionary permits.Reverse vending machines do not require additional
parking spaces for recycling customers and may be permitted in the districts
identified in Table 3-39; provided, that they comply with the following
standards:
(i) Are established in conjunction with a commercial use or community
service facility which is in compliance with the Zoning,Building and Fire
Codes of the City of San Juan Capi;;trano;
(ii) Are located near the entrance to the:commercial structure and shall not
obstruct pedestrian or vehicular circulation;
(iii) Do occupy parking spaces required by the primary use;
(iv) Do not occupy more than fifty (50) square feet of floor space;
(v) Are constructed of durable rustproof and water proof material;
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Chapter 9.3 -Zoning Districts and Standards
(vi) Have sign area of a maximum of four (4) square feet per machine
exclusive of operating instructions;
(vii) Comply with illumination requirements in this code;
(viii) Are maintained in a clean,dry,and litter-free condition on a daily basis;
(ix) Are clearly marked to identify the phone number of the operator or
responsible person if the machine as inoperative or in violation of this
Code.
(B) Small collection facilities. Small collection facilities may be located in the districts
identified in Table 3-39 and do not require additional parking spaces provided
that they comply with the following standards:
(i) The facility shall be established in conjunction with an existing
commercial use or community service facility which is in compliance
with the Zoning, Building and Fire Codes of the City of San Juan
Capistrano;
(ii) The facility shall be no larger than 5100 square feet and occupy no more
than five (5) parking spaces, not including space that will be needed
periodically for removal of materials or exchange of containers,provided
said parking spaces are not necessary to satisfy the minimum on-site
parking requirements of the Municipal Code;
(iii) The facility shall be setback ten(10)feet from the street line and shall not
obstruct pedestrian or vehicular circulation;
(iv) The facility and signs shall be in compliance with the requirements of
Chapter 3 Zoning Districts and Standards of this title;
(v) No additional parking spaces will be required for customers of small
collection facilities;
(vi) Hours of operations will be restricted to the same as the host use;
(vii) The facility shall be clearly marked to identify the phone number of the
operator or responsible person if the machines are inoperative or in
violation of this code;
(viii) The site shall be maintained free of litter and any other undesirable
materials, and will be cleaned of loose debris on a daily basis.
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Chapter 9.3 -Zoning Districts and Standards
(C) Large collection facilities. A large collection facility is one that is larger than 500
square feet, or is on a separate property not appurtenant to a host use, and
which may have a permanent building.LmBe collection facilities are permitted in
the districts identified in Table 3-39, subject to approval of a site plan review
and/or conditional use permit, and the facility shall meet the following standards: -
(i) The facility does not abut a property zoned or planned for residential
use;
(ii) The facility will be screened from the public right-of-way by operating
in an enclosed building or;
(a) Within an area enclosed by an opaque fence at least six(6) feet in
height with landscaping;
(b) At least 150 feet from property zoned or planned for residential
use;
(iii) The facility shall meet all development standards as required in Chapter 3
Zoning Districts and Standards of this title;
(iv) The site shall be maintained free of litter and any other undesirable
materials, and will be cleaned of loose debris on a daily basis.
(D) Processing facilities. A processing facility is permitted in specific districts as
identified under Table 3-39 of this Title,subject to approval of a conditional use
permit, and shall meet the following conditions
(i) The facility does not abut a property zoned or planned for residential
use;
(ii) Processors will operate in a wholly enclosed building except for
incidental storage or:
(a) Within an area enclosed on all sides by an opaque fence or wall —
not less than six (6) feet in height and landscaped on all street
frontages;
(b) Located at least 150 feet from property zoned or planned for
residential use,
(iii) Operating hours shall be determined by the City through the required
permitting process;
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Chapter 9.3 -Zoning Districts and Standards
(iv) The site shall be maintained free of litter and any other undesirable
materials, and will be cleaned of loose debris on a daily basis;
(v) The facility shall meet all development standards as required in Chapter 3
V^ Zoning Districts and Standards of this title.
(c) General requirements for on-site collection and loading facilities for recyclable
materials
(1) Any new development project for which an application for a building permit is
submitted on or after October 1, 1995, shall include adequate, accessible, and
convenient areas for collecting and loading reg clable materials.
(2) Anyimprovements for areas of a publicfacility used for collecting and loading solid waste
shall include adequate, accessible, and convenient areas for collecting and locating
recyclable materials.
(3) Any project for which an application for a building permit is submitted on or after
October 24, 1994,for modifications that meet one or both of the conditions below
shall include adequate, accessible and convenient areas for collecting and loading
recyclable materials:
(A) Modification to the project adds thirty (30) percent or more to the existing
floor area; or
(B) The price of modification exceeds fifty thousand dollars ($50,000.00) in
value.
(4) The following standards shall be applied to on-site recyclable materials collection facilities:
(A) Single family dwellings. Single-family dwellin�f detached receiving curbside service:
--- 133 cubic feet of storage area, either interior or exterior, with minimum
dimensions of eighty-four(84) inches wide by thirty-nine(3 9)inches deep by
seventy-two(72)inches high and not visible from adjacent rights-of-way or other
properties.
(B) Multifamily dwellings-detached.Multi family dwellings detached receiving curbside
service: ninety-five (95) cubic feet of storage area,either interior or exterior,
with a minimum dimension of sixty (60) inches wide by thirty-eight (38)
inches deep by seventy-two (72) inches high and not visible from adjacent
rights-of-way.
(C) Multi-family-attached. Multi family dwellings attached receiving bin service shall
provide interior and exterior storage areas as identified in Table 3-40.
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Chapter 9.3 -Zoning Districts and Standards
Table 3-40
Multi-Family Attached Lases
On-Site Recyclable Storage Requirements
Dwelling Units External Space Allocation Internal Space Allocation
3-8 units 606 cubic feet of storage area with 4 cubic feet of storage area
minimum dimensions 15' wide by within living area of each unit
4'6" deep _.
9-16 units 1,212 cubic feet of storage area with 4 cubic feet of storage area
minimum dimensions 15' wide by within living area of each unit
4'6" deep, no less than 200' from
any unit
17 and above units Add 606 cubic feet to 1,212 cubic 4 cubic feet of storage area
feet for every 8 units over 16 with within living area of each unit h_
minimum dimensions 15' wide by
4'6" deep, no less than 200' from
any unit
(D) Commercial uses. Commercial uses shall provide interior and exterior storage
areas for recyclable materials as identified in Table 3-41.
Table 3-41 —
Commercial Lases
On-site Recyclable Storage Requirements
Land Use Building Floor External Space Allocation Internal Space
Area Allocation
Office/Retail 0-5,000 square 606 cubic feet with minimum 44 cubic feet with
feet dimensions 15'wide by 416`1 minimum dimensions
deep 60"wide by 36"deep by
74"high each suite
5,001-25,000 1,212 cubic feet with 44 cubic feet with
square feet minimum dimensions 15',olde minimum dimensions
by 4'6"deep, no less than 300' 60"wide by 36"deep by
from any suite 74"high each suite
25,001 square Add 606 cubic feet to 1,2 1 2 44 cubic feet with
feet and above cubic feet for every 5,000 minimum dimensions
square feet over 25,001 with 60"wide by 36"deep by
minimum dimensions 15'Hide 74"high each suite
by 4'6"deep, no less than 300
feet from any suite.
Restaurant 0-3,000 square 606 cubic feet minimum 44 cubic feet with --
feet dimensions 15'wide by 4'6" minimum dimensions
deep 60"wide by 36"deep by
74"high each suite
3,001-6,000 1,212 cubic feet with 44 cubic feet with
square feet minimum dimensions 15'wide minimum dimensions
by 4'6"deep, no less than 300' 60"wide by 36"deep by
from any suite 74"high each suite -`
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Chapter 9.3 -Zoning Districts and Standards
Table 3-41
- Commercial Uses
On-site Recyclable Storage Requirements
Land Use Building Floor External Space Allocation Internal Space
Area Allocation
6,001 square feet Add 606 cubic feet to 1,212 44 cubic feet with
above cubic feet for every 5,000 minimum dimensions
square feet over 25,001 with 60"wide by 36"deep by
minimum dimensions 15'vide 74"high each suite
by 4'6"deep, no less than 300'
from any suite
Motel/Hotel 0-50 rooms 606 cubic feet with minimum n/a
dimensions 15'wide by 416"
deep
5 1-100 rooms 1,212 cubic feet with n/a
minimum dimensions 15'gide
by 4'6"deep, no less than 300'
from any suite
101 rooms and Add 606 cubic feet to 1,212 n/a
above cubic feet for every 5,000
square feet over 25,001 with
minimum dimensions 15'wide
by 4'6"deep, no less than 300'
from any suite
(d) Definitions
For the purposes of this section,unless otherwise apparent from the context,certain words
and phrases used in this section are defined as follow,;:
(1) Development project. Development project shall mean any of the following:
(A) A project of which a building permit is required for a commercial, industrial,
or institutional building, marina, or residential building having five or more
living units,where solid waste is collected and located and any residential project
where solid waste is collected and loaded in a location serving five or more
living units.
(B) Any new public facility where solid waste is collected and located and any
improvements for areas of a public facility used for collecting and loading solid
waste.
(2) Project for which a building permit is required. A project for which a building
permit is required includes all new projects, any single alteration of an existing
project requiring a building permit, and any sum total of alterations requiring a
building permit to an existing project conducted within a twelve(12)month period.
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Chapter 9.3 -Zoning Districts and Standards
Section 9-3.539 Sand, Gravel, and Mineral Extraction
(a) Title
This section shall be known as "The Sand, Gravel, and Mineral Extraction Law of the City
of San Juan Capistrano."
(b) Purpose
This section is adopted to safeguard life, limb, property, and the public welfare by
establishing minimum safety standards for the maintenance of pits and the mining,quarrying,
or commercial extraction of sand,gravel,rock,aggregate,clay,or similar materials within the
City and to establish procedures pursuant to which such standards shall be enforced.
(c) Scope
All pits and operations used for mining, quarrying, or the commercial extraction of sand,
gravel, rock, aggregate, clay, or similar materials within the City shall be maintained and
conducted in compliance with the provisions of this section, except for the following:
(1) Excavation operations incidental to the development of property in which a specified
quantity of material is to be removed to a predetermined elevation so that, upon
completion, the site will be left suitable for development and for which a valid
grading permit is in force. Such exception, however, shall not apply to any such
excavation operation which reasonably cannot be completed or is not completed
within one (1) year after the date of commencement; and
(2) The commercial processing or storage of sand,gravel,rock,aggregate,clay, or similar
materials where no extraction or excavation operation,other than one regulated by
a currently valid grading permit, is conducted on the site.
(d) Permits - required
No person shall maintain a pit or commence or perform any operation or activity within the
scope of this section without first obtaining the following appropriate permits to do so: —
(1) Abandonment permit. Upon an application to the Director of Engineering and
Building Services by the owner or his legally authorized agent, an abandonment
permit shall be issued for any pit from which no extraction operation has been
conducted since July 5, 1978, provided the pit is found to comply with the
provisions of subsection (o) of this section. No fee shall be charged for an
abandonment permit.
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Chapter 9.3 -Zoning Districts and Standards
(2) Extraction permit. No person shall maintain a pit from which materials have been
extracted since July 5, 1978,or perform any extraction operation or activity without
first obtaining an extraction permit.
An extraction permit may be issued by the Director of Building and Engineering for
the maintenance of pits from which no materials have been extracted since July 5,
1978, provided the pit is found to complywit]i the provisions of subsection (o) or
(p) of this section and all the other applicable requirements of this section have been
met.
(3) Grading permit for the repair of sand and gravel sites. Except as provided in
subsection (h) of this section, repair work required in order to bring a pit into
compliance with the provisions of subsection(o)of this section shall be accomplished
only after a grading permit for the repair of the sand and gravel site has been
obtained, and the work shall be performed in compliance with the terms of such
permit.
The Director of Engineering and Building Services may waive the provisions of this
section relating to permit procedures as he deems appropriate.
(e) Permits -Applications, filing, accompanying data required
An application for a permit,signed by the owner or his legally authorized agent,shall be filed
with the Department of Engineering and Building Services upon forms provided by said
Department. The application shall be accompanied by a description of the site and such
fees,plans,reports,and engineering data as determined by the Director of Engineering and
Building Services.
(f) Permits -Approval and inspections
Prior to the approval of any plan required by the provisions of this section or the issuance
of a permit, the Director of Engineering and Building Services may inspect the site to
determine that such plans, reports, or other data are accurate and sufficient.
(g) Permits - Issuance and conformity with plans
Upon the issuance of a permit, the plans submitted by the applicant as required by the
Director of Engineering and Building Services shall be approved and so stamped by the
Department of Engineering and Building Services. The pit and all work pertinent thereto
shall be maintained in conformity with the approved plans,unless authorization to modify
the pit or operation is obtained from the Director of Engineering and Building Services,
and the plans and records are so changed and noted.
- City of San Juan Capistrano Land Use Code
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Chapter 9.3 -Zoning Districts and Standards
(h) Permits - Term
Each extraction permit issued for an existing or proposed operation shall continue in effect
only as long as none of the provisions of this section is violated and as long as the annual
permit fees have been paid.
The extraction permit shall expire on July 1,unless the annual permit and inspection fees
for the subsequent fiscal year have been paid by such date. No operation,other than such
corrective work as may be designated by the Director of Engineering and Building Services,
shall be conducted after July 1,unless a new permit has been approved by the Director of _.
Engineering and Building Services, In the case of existing pits, such corrective work shall
include compliance with all the provisions of subsection (o) of this section.
(i) Permits - Renewal
Any extraction permit which has expired or been revoked may be renewed by making an
application to the Department of Building and Safety and upon the following conditions:
(1) The submission of an application, up-to-date plans, reports, and the other data
required by this section or required by the Director of Engineering and Building
Services;
(2) The site shall be in compliance with all the applicable provisions of this section; and
(3) The payment of the fees required by Section 9-5.101 Fees, Deposits, and Bonds.
(j) Permits - Revocation
The Director of Engineering and Building Services may revoke any permit, in whole or in
part,after notification and demand as set forth in subsection(m)of this section if any of the
following conditions exists:
(1) The pit or work covered by such permit has been materially extended beyond the
limits of the permit;
(2) Anyfence or wall or other protective device required by the provisions of this section
has not been constructed or maintained in good repair; or
(3) Other provisions of this section have been violated by the operator, owner, or
permittee.
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Chapter 9.3 -Zoning Districts and Standards
(k) Permits - Limitations
The issuance, granting, or renewal of a permit shall-not be deemed or construed to be a
permit for,or an approval of,any violation of the provisions of this section or any other law.
No such permit presuming to give authority to violate or cancel the provisions of this section
shall be valid, except insofar as the work or use which is authorized by the issuance,
granting, or renewal of such permit is lawful.
(1) Conditional use permits
All uses pertaining to the mining, quarrying, or commercial extraction of sand, gravel, rock,
aggregate,clay,or similar materials on private property in the City shall require a conditional
use permit, pursuant to Section 9-2.317 Conditional Use Permit.
(m) Inspections
The Director of Engineering and Building Services shall inspect each site regulated by the
provisions of this section at the time of the payment o F the annual fees required by Section
9-5.101 Fees,Deposits,and Bonds,and at such other times as he deems necessary,for the
purpose of ascertaining whether the operations are being conducted and the site
maintained in conformity with the minimum standards of this section and the applicable
permits.
Whenever the Director of Engineering and Building Services determines that the work
does not comply with the terms of the permit or the requirements of this section,or that the
soil or other conditions are not as set forth on the permit, he shall notify the permittee of
such fact in writing, demanding compliance within thirty(30) days after the date of such
notice. If the permittee, within the stated time, has not complied with the terms of the
permit or the requirements of this section,or given reasonable assurances that steps are being
taken to so comply, the Director of Engineering and Building Services may order the
cessation of all work, or any portion thereof, and such work shall cease until the
requirements of the permit and this section have been met.
(n) Abandonment - Notices and inspections
Whenever a pit or excavation operation is to be abandoned, the operator shall notify the
Director of Engineering and Building Services in writing of his intention to abandon the
pit or operation at least thirty (30) days prior to such abandonment.
The Director of Engineering and Building Services shall inspect the site prior to the date
of the proposed abandonment and notify the operator of what protective devices or
structures and what corrective measures are or may be necessary for the protection of
adjacent properties and the general public as set forth in subsection (o) of this section. The
Director of Engineering and Building Services shall also notify the property owner and the
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operator what assurance,if any,the Director of Engineering and Building Services requires
for the continued maintenance of the protective devices and the future correction of
possible unsafe conditions as may occur.
Within thirty (30) days after the abandonment of the pit or operation, the Director of
Engineering and Building Services shall again inspect the site for compliance with the
provisions of subsection (o) of this section and noti!F both the property owner and the
operator of his findings.
Whenever the Director of Engineering and Building Services determines that the site has
been abandoned in accordance with the provisions o4'subsection (o)of this section,he shall
so note on the permit.
(o) Standards - Inoperative operations
Each pit not currently in use for commercial extraction operations shall be maintained in
accordance with the following minimum standards:
(1) Setbacks and slopes ~
(A) The finished perimeter slope shall not be steeper than two (2) feet horizontal
to one (1) foot vertical projecting into the pit from a fifty (50) foot setback
adjacent to the perimeter of the property.
(B) In addition, where the Director of Engineering and Building Services
determines there is a possibility of potentially hazardous seepage or flow into
a pit from a flood control channel, reservoir, conservation or flood retarding
basin, or natural watercourse, the Director of Engineering and Building
Services shall establish the setback and slope requirements based on the
preservation of the integrity of the existing flood control channel, reservoir,
conservation or flood retarding basin, or natural watercourse so that the
subject property shall continue to receive and carry off waters in a manner
equal to that experienced prior to any excavation. In the discretion of the
Director of Engineering and Building Services, the setback requirements
imposed pursuant to this subsection may exceed the fifty(50)foot requirement
set forth in subsection (A) of this subsection,but such setbacks may not be less
than fifty (50) feet as set forth in subsection (A) of this subsection. In the
discretion of the Director of Engineering and Building Services, the slope
requirements may be greater or less than that set forth in subsection(A)of this
subsection. The applicant may be required to furnish reports and engineering
data; as required by the Director of Engineering and Building Services, to
justify the setback and slope requirements requested in such cases. The
Director of Engineering and Building Semites may require such reports in any
case.
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(C) Where the Director of Engineering and Building Services determines that the
pit extends below,or in the future may extend below,groundwater elevations,
the slopes shall not be steeper than the safe values determined by the Director
of Engineering and Building Services,based on the reports required as part of
the permit application, which reports may be required by the Director of
Engineering and Building Services in such cases.
(D) The provisions of this subsection may be modified by the Director of
Engineering and Building Services in cases where safety conditions and
engineering and geological data submitted to the Director of Engineering and
Building Services for approval indicate that a less restrictive setback or slope
may be permitted.
(2) Diversions. No pit shall be maintained in o;r adjacent to the floodplain of any
watercourse which,by reason of the shape,location,berm elevations,or area of the
excavation in the opinion of the Director of Engineering and Building Services, is
likely to produce a diversion of the natural watercourse away from the pit and
outside the natural watercourse in the event flew from the watercourse enters the
excavation.
(3) Drainage.Adequate provisions for the conveyance of water across and from the site
and for the long-term retention of water shall be accomplished so as to minimize
potential dangers from landslides and erosion.
(4) Fencing. Other than in cases where data is submitted to the Director of Engineering
and Building Services for approval and which data indicate to the Director of
Engineering and Building Services that no safety hazards exist, a fence shall be
constructed enclosing the area of each existing pit. Such fence shall be chain link, of
steel, and a minimum of six (6) feet in height above the existing grade of the
property outside the fenced area. The bottom of such fence shall conform to the
ground surface so as to prevent any opening between it and the ground surface
exceeding four (4) inches.
Gates of the same material and height as the f nce shall be installed at all points of
vehicular or pedestrian ingress and egress. Such gates shall be equipped with keyed
locks and shall be kept locked at all times when not in regular use.
Such fences, gates, and locks shall be maintained in good condition and repair.
(5) Protective devices - Correction and repair. Whenever the Director of Engineering
and Building Services determines that the maintenance of protective devices or
structures or the correction of potentially unsafe conditions may be necessary for the
protection of adjacent properties and the genera.I public,he shall notify in writing the
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owner or other responsible persons, who shall take such corrective action as
necessary and post a surety bond or other financial security in an amount sufficient
to insure the continued maintenance of the protective devices for such potentially
unsafe conditions. A grading permit shall be required for any repair work. The fees
for such permit shall be as set forth in Chapter 1 of Title 8 of this Municipal Code for
grading operations.
(p) Standards -Active operations
The mining, quarrying, and commercial extraction of sand, gravel, rock, aggregate, clay, or --
similar materials shall be performed in accordance with thefollowing minimum standards:
(1) Setbacks
(A) No excavation activity shall be carried on within fifty(50) feet of thefollowing:
(i) The common property line of any parcel of land not used for the same
purpose; or
(ii) The ultimate right-of--way of any public street, either existing or whose
precise alignment has been adopted by the County or the City.
(B) In addition, where the Director of Engineering and Building Services
determines there is a possibility of potentially hazardous seepage or flow into
a pit from a flood control channel, reservoir, conservation or flood retarding
basin, or natural watercourse, the Director of Engineering and Building
Services shall establish the setback requirements based on the preservation of
the integrity of the existing flood control channel, reservoir, conservation or
flood retarding basin,or natural watercourse so that the subject property shall
continue to receive and carry off waters in a manner equal to that experienced
prior to any excavation.
(C) At the discretion of the Director of Engineering and Building Services, the
setback requirements imposed pursuant to this subsection may exceed the fifty
(50) foot requirement set forth in'subsection (A) of this subsection, but such
setbacks may not be less than fifty (50) feet, as set forth in subsection (1) of
subsection (o) of this section. The applicant may be required to furnish reports
and engineering data, as set forth in subsection (e) of this section, to justify the
setback requirements requested in such cases.The Director of Engineering and
Building Services may require such reports in any case.
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(2) Slopes
(A) Where the Director of Engineering and Building Services determines there is
a potentially hazardous seepage into a pit from a flood control channel,
reservoir, conservation or flood retarding basin, or natural watercourse, or
where the Director of Engineering and Building Services determines that the
pit extends below,or in the future may extend below,groundwater elevations,
the finished perimeter slope shall not be steeper than two and one-half(2 ''/2)
feet horizontal to one (1) foot vertical, except as provided in subsection (C)
_ of this subsection.
(B) The finished perimeter slope shall not be steeper than two (2) feet horizontal
to one (1) foot vertical projecting into the pit from the required setback line
adjacent to the perimeter of the property.
(C) Notwithstanding subsections (A) and (B) of this subsection, the slope
requirement may be modified by the Director of Engineering and Building
Services in cases where the Director o;f Engineering and Building Services
determines that the proposed excavation operations present a potential hazard
to adjacent property or where other safety conditions and engineering or
- geological data, as set forth in subsection (e) of this section, submitted to the
Director of Engineering and Building Services for approval, or as may be
required by him,indicate that less restrictive slopes may be permitted or more
restrictive slopes may be required.
(3) Diversions. No excavation shall be made or pit maintained in or adjacent to the
floodplain of any watercourse which, by reason of the shape, location, berm
elevations, or area of the excavation or pit in the opinion of the Director of
Engineering and Building Services, is likely to produce a diversion of a natural
watercourse away from the pit and outside the natural watercourse in the event flow
from the watercourse enters the excavation.
(4) Drainage.Adequate provisions for the conveyance of water across and from the site
and for the long-term retention of water shall be accomplished in a manner meeting
- the approval of the Director of Engineering and Building Services so as to minimize
potential dangers from landslides and erosion.
_ (5) Fencing. Prior to the commencement or continuation of any excavation or
extraction operation or the construction or use of any settling basin, a fence shall be
constructed enclosing the area of such proposed or existing excavation or settling
basin,or the entire site,other than in cases where data are submitted to the Director
of Engineering and Building Services for approval and which data indicate to the
Director of Engineering and Building Services that no substantial safety hazard exists.
Such fence shall be chain link,of steel,and a minimum of six(6) feet in height above
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the existing grade of the property outside the fenced area. The bottom of such fence
shall conform to the ground surface so as to prevent any opening between it and the -
ground surface exceeding four (4) inches.
Gates of the same material and height as the.f ince shall be installed at all points of
vehicular or pedestrian ingress and egress. Sucla gates shall be equipped with keyed
locks and shall be kept locked at all times when not in regular use.
Such fences,gates, and locks shall be maintained in good condition and repair.
(6) Boundary markers. The site shall be surveyed by a registered civil engineer or
licensed surveyor and shall be defined by a series of poles (two and one-half(2 '/2)
inch pipe), six (6) feet in height, measured from the ground level and painted a --
bright color, which poles shall be installed and maintained at each change of
direction and along the entire length of the subject site in such a manner that an
individual standing at one such pole can clearly see the next pole in either direction.
For good cause shown,the Director of Engineering and Building Services may waive
or modify the provisions of this subsection for way extraction operation proposed to
result in finished elevations which are not below the average natural ground
elevations at the perimeter of the site or for any extraction operation proposed to
be located more than 1,000 feet from any property line.
(7) Signs. Within ninety (90) days after a permit has been issued pursuant to the --
provisions of this section,the outer boundaries of the site shall be continuously posted
with signs not less than 500 feet apart and at each change of direction of such
boundary lines in such a manner as will reasonably give notice to passersby of the _
matters contained in such signs, stating in letters not less than four (4) inches in
height, "Public Notice",and stating in letters not less than one inch in height: "This
Property May Be Used for the Mining, Quanying, or Commercial Extraction of
Sand,Gravel,Rock,Aggregate,Clay,and Similar Materials Subject to Permits Which
Have Been Issued by the Director of Engineering and Building Services, City of San
Juan Capistrano". Such signs shall be of wood or metal and shall be maintained in
legible condition at all times.
(8) Ingress, egress, and traffic safety. Roads providing vehicular access to public
highways which are used for transporting materials shall be located only at points
designated on plans as approved by the Department of Engineering and Building
Services.Adequate sight distance shall be maintained for traffic safety.A distance of
not less than eighty(80) feet from the intersection of the drive or access road with
the right-of-way line of the public highway shall be paved for a width of not less than
twelve (12) feet.
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In addition, that portion of the access road lying between the right-of-way line and
the existing pavement of the public highway shall be constructed in accordance with
the terms of an encroachment permit issued by the Department of Engineering and
Building Services or, in the case of State highways, issued by the California
Department of Transportation.
(q) Responsibility
The permittee, operator, and property owner, and their authorized agents, and any other
person in control of property used for mining, quarrying, and commercial extraction operations
pursuant to the provisions of this section, individually and collectively, shall be responsible
for the observation and compliance with all the provisions of this section. Such
- responsibility shall include the correction of any unsafe condition and the construction and
continued maintenance of all fences and other protective devices required by the provisions
of this section or as deemed necessary by the Director of Engineering and Building Services
to protect the general public and adjacent properties.
In the event the owner or other responsible person shall fail,neglect,or refuse to perform
the required corrections, maintenance, or repairs within the time set forth in subsection
(m) of this section after being notified in writing to do so by the Director of Engineering
and Building Services, the Director of Engineering and Building Services shall cause the
required corrections,repairs, or maintenance to be done, and the cost thereof shall be a
charge and expense against the owner and the land.
(r) Enforcement
The Director of Engineering and Building Services shall enforce the provisions of this
section. If at any time the Director of Engineering and Building Services finds that any
-- owner, permittee, or operator is violating any provision of this section, the Director of
Engineering and Building Services may order com]':)liance in the manner set forth in
subsection(m)of this section.If compliance does not proceed,the Director of Engineering
and Building Services, at the end of thirty (30) days, or in the absence of reasonable
assurance given as set forth in said subsection (m)of this section,may order the immediate
cessation of operations.
If,in the opinion of the Director of Engineering and Building Services,an immediate and
substantial hazard exists to adjacent property or the general public, the Director of
Engineering and Building Services may order the immediate cessation of that portion of
the operation which may contribute to such a hazard within the thirty(30) day period set
forth in said subsection (m) of this section, and which cessation shall continue until the
correction of the hazardous condition.
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(s) Appeals
The operator, permittee, or owner shall have the right to appeal determinations of the
Director of Engineering and Building Services pursuant to Section 9-2.311 Appeals.
(t) Definitions
For the purposes of this section,unless otherwise apparent from the context,certain words
and phrases used in this section are defined as follows:
(1) Abandonment means the cessation of mining,quarrying,and extraction operations on
the site in compliance with the provisions of this section.
(2) Operator means the person,whether a proprieto:r,lessee,or independent contractor,
actually in charge and in control of the pit or operation being conducted upon the
site.
(3) Owner means a person who owns a site upon which a pit is located or upon which
mining, quarrying, or commercial extraction operations are being conducted or may be
conducted.
(4) Site means a lot or parcel of land, or a series of contiguous or adjacent lots or parcels of
land, described by a lease or similar document upon which a pit is located or upon
which commercial extraction operations are being or may be conducted, and which site
is covered by a permit.
(5) Slope means the exposed surface of an excavation or fill which forms an incline.
(6) Ultimate right-of-way means the right-of--way shown as ultimate on an adopted precise ---
plan of highway alignment, or a street right-of-way shown within the boundary of a
recorded tract map, a recorded parcel map,or a recorded Planned Community(PC)
development plan.The latest adopted or recorded document in such cases shall take --
precedence. If none exists, the ultimate right-of-way shall be considered to be the
right-of-way required by the highway classification as shown on the Master Plan of
Arterial Highways. In all other instances, the ultimate right-of-way shall be
considered to be the existing right-of-way, in the case of a private street, and the
existing right-of-way, but not less than sixty (60) feet, in the case of a public street.
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Chapter 9.3 -Zoning Districts and Standards
Section 9-3.541 Service and Fuel Dispensing Stations
(a) Intent and purpose
Service stations warrant special attention in this Code because they constitute a use attracting
vehicular patronage exclusively. The exposed nature of the activity, distinctive physical
appearance and long hours of operation necessitate special requirements to insure
compatibility with the City General Plan as it relates to aesthetic and visual aspects.
_._ (b) Locational criteria
Service stations andfuel dispensing stations shall not be located in the Tourist Commercial(TC)
- and General Commercial (GC) Districts bounded by Interstate 5 on the east, San Juan
Creek on the south, Trabuco Creek on the west and La Zanja Street on the north.
(c) Development standards
The following development standards are the minimum standards with which service stations and
accessory uses shall be evaluated:
(1) Dispensing islands location. Service stations located on a corner lot shall locate the
service buildings to the front of the site,with the dispensing islands located behind
the building, to visually screen the islands from the adjacent roadways.
(2) Project identification signs.All project identification signs shall conform to the design
regulations as set forth in Section 9-3.543 Signs.
(3) Price sign identification. In accordance with Section 13531 of the Business and
Professions Code of the State, service stations shall post all prices charged for the
purchase of vehicle fuels. Such signs shall conform to said Section 13531,subject to
the following design regulations:
(A) Pricing categories. Individual pricing signs shall identify the price of all grades of
gasoline and diesel fuels sold on the premises, including any differential
- between "self-service" and "full service" and whether the price is cash or
credit.
(B) Advertising media.All letters, figures, or numerals used on signs designating the
price of gasoline or motor fuels shall be a minimum of six (6) inches and a
maximum of nine (9) inches in height.All letters or numerals designating the
grade of gasoline or motor fuels shall not be less than one-sixth (1/6) the size
of the numerals designating the price. Such letters shall have a medium or
heavy type face or stroke and shall be plainly visible. The colors of the letters
shall contrast to the sign background so as to be easily readable.
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(C) Sign location and size. Price identification signs shall be of a monument design
with a maximum height of eight (8) feet with a sign face not exceeding thirty-
two (32) square feet. Only one (1) sign per street frontage shall be permitted.
The location of the sign shall be approved,by the Planning Director and shall not -
conflict with the vehicular sight distance requirements of Section 9-3.559
Visibility at Intersections/Driveways.
(D) Architectural style and color. The City encourages the design and location of such
signs to be in harmony with the architectural style of the building on the
premises. The use of earth-tone mission colors shall be encouraged. Examples of
such colors include, but are not limited to, browns, pale yellows, tan, beige,
and similar shades. —
The use of an adopted lettering style or color scheme for an individual
company may be permitted consistent with the provision of Section 9-3.543
Signs.
(4) Required signs by governmental agencies. Signs required to be placed at a service
station, including, but not limited to, "No Smoking," "Licensed Inspections and
Adjustments,"and similar identification mandated by a governmental agency and not
otherwise provided for in this section, shall be permitted.
(5) Pump island signs.Signs designating operation:instructions,self-serve and full-serve —
islands, or similar information designed for customer convenience, provided the
cumulative signage does not exceed ten (1 U) square feet per island, shall be
permitted. -
(6) Window signs. Temporary window signs may be permitted provided they do not
exceed twenty-five (25) percent of the window area and do not advertise
merchandise for which an alternate method of signage is permitted by this section or
other applicable provisions of this article.
(7) Prohibited signs.All temporary signs not permitted by this section or Section 9-3.547
Special Activities shall be prohibited. —
(8) Parking. The size, arrangement, and access of all parking areas shall conform to
Section 9-3.535 Parking. All vehicles, except those within the main structure of the
service station or those being serviced at the pump islands, shall be parked within the
designated parking spaces.
(9) Outside activities. Activities conducted outside the permanent structure shall be
limited to the dispensing of gasoline, diesel fuel, oil, air, water, and minor repairs,
such as the replacement of fan belts, light bulbs, wiper blades, batteries, and tire
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Chapter 9.3 -Zoning Districts and Standards
changes. All repair activities shall be confined to a designated area on the site as
approved by the City.
(10) Outside storage of motor vehicles.The outside storage of motor vehicles shall be strictly
prohibited.For the purposes of this section,"outside storage"shall mean the parking
of a motor vehicle outside the main structure of d.ie service station for a period in excess
of twenty-four (24) hours, unless such vehicle is in the process of being serviced, in
which case it may be parked outside the main structure for a period not exceeding
seven (7) days and located in a designated parking space. Such vehicles shall be stored
in such a condition that all exterior components of the vehicle are in place (i.e.,tires,
doors, hoods, fenders, and the like).
(11) Accessory uses. The following accessory uses shall be permitted:
(A) Vending machines. Vending machines shall be either placed within the main
building or in a designated area immediately adjacent to the building provided the
area does not exceed forty (40) square fleet.
(B) Merchandise displays.All merchandise shall be stored and/or displayed within the
permanent building, with the exception of accessory and lubrication items,
such as oil, wiper blades, and the like, which are normally kept on pump
islands, in which case they shall be located in a specially designed case
enclosure. The outside display of any other merchandise shall be prohibited.
Except during those occasions when a special activity permit has been issued
as set forth in Section 9-3.547 Special Activities.
(C) Accessory uses not listed.The Planning Director may approve accessory uses not listed
in this subsection (10) if such uses will riot be detrimental to the safety and
welfare of adjacent uses or potential patrons of the service station.
(12) Landscaping.Landscaping,including boundaries,streetscapes,and buildings, shall be
- approved during the development review.
(13) Drainage. Drainage resulting from the development of service and fuel dispensing
stations shall meet all NPDES(National Pollutant Discharge Elimination System)and
BMPs (Best Management Practices) requirements.
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Chapter 9.3 -Zoning Districts and Standards
Section 9-3.543 Signs
(a) Purpose and intent
The City's intent, as expressed in the Community Design Element of the General Plan, is
that the design of this community be of the highest quality, and that accessory facilities be
compatible with the overall theme. The quality of.signs plays a very distinctive role in
achieving the above policy; when abused, signs can create a visual blight which detracts
from the quality of the environment and an individual's visual perception of the Gy.
Recognizing that the primary purpose of signs is proper business identification for the
public, the procedures and regulations of this section are enacted to:
(1) Ensure that signs erected within the City are compatible with their surroundings and
are in keeping with the goals and policies of the.Community Design Element of the
General Plan;
(2) Provide for the identification of business enter�?rises only and shall not be used for
general advertising purposes;
(3) Promote traffic safety and community identitywhile also enhancing the quality of the
visual environment of the City; and
(4) Establish procedures and design regulations which control the location, size, type,
number of signs which may be permitted, including all other matters pertaining to
signs.
(b) General requirements
The requirements set forth shall be applicable to all signs erected on or after November 15,
2002.
(c) Definitions
For the purpose of this section, key terms,words and phrases that are in italics, shall have
the meanings as found in Appendix A Definitions of this Code.
(d) Design criteria
The design and placement of signs permitted under this section shall adhere to specific design _
standards as set forth below,as allowed by state and federal law.The Ciy recognizes that the
primary purpose of signs is effective communication. Therefore in considering sign
applications and programs under this section,the Ciy shall give close attention to adequate
sign visibility, legibility, and readability.
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Chapter 9.3 -Zoning Districts and Standards
The design criteria is listed as follows:
(1) Materials. The following materials shall be used for signs and shall be designed to be
in harmony with the architectural style of the buildings which they serve.
(A) Use of high quality wood signs,hand carved, sandblasted,painted, or routed;
(B) Individual letters of metal or other materials,
(C) Ceramic tile either painted or sandblasted;
(D) Painted signs on stucco or similar background; and/or
(E) The use of plastic,fiberglass or other material may be substituted for the above
mentioned materials provided that the finish appearance is the same as that of
the substitute material. The use of plastic lettering shall not be allowed unless
the letters are internally illuminated or unless the letters are finished as either
a painted or metal material.
(2) Use of logos and trademarks. The use of adopted logo or trademark for a
commercial or other development is permitted if the appearance will not be in
substantial conflict with the architectural design of the building and the approved sign
program excepting lettering style and finish colors related to the logo or trademark.
(3) Sign area and height.The maximum size of signs and height provisions for different
signs for various zoning districts are set forth in 'Table 3-42. Figure 3-5 defines how
sign area is to be calculated. The sign area and height may exceed the maximums
identified in the table if allowed by state and/or federal law.
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Chapter 9.3 -Zoning Districts and Standards
Table 3-42
Sign Standards
Max.
I rype of Sin District/Land Height/Length Max.Area Max.Aggregate
Sign Use (in no case (square feet)** Area/Notes**
above eaves)
Building-mounted signs*** TC, GC, NC, 25 feet 18 24 square feet per --
(flush) OC, RC, OSR, exposure per individual
P&I tenant
CM, IP 25 feet 60 80 square feet per
exposure per individual
tenant
Building-mounted signs*** All Districts 15 feet 8 Included as aggregate
(projecting) for building-mounted
(flush)
Business promotional
signs Please refer to Cy Council Policy 419.
(community-wide special
events)
Business promotional Maximum of 1 temporary
signs sign per street exposure
(grand opening) not to exceed 60 square
feet total
Business promotional 10 feet 30 For individual business
sibs event
(special activities permit) 10 feet 18/30 Center-wide event
18 sq. ft. per individual
participant
30 sq. ft. for common
banner(not to exceed
30'x 10')
Business signs
(temporary)
Construction signs All Districts 8 feet 32
(major)
Construction signs All Districts 6 feet 6
(minor)
Convenience signs Not included in the
(commercial) calculation of the
aggregate area.
Government and legally All Districts
required posters, notices,
and signs
Memorial signs and tablets 6
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Chapter 9.3 -Zoning Districts and Standards
Table 3-42
Sign Standards
Max.
Type of Sign District/Land Height/Length Max.Area Max.Aggregate
�' a Use (in no case (square feet)** Area/Notes**
above eaves)
Monument signs* TC 6 feet 24 Not more than
(freestanding) maximum area
GC, NC, CM,IP 6 feet 60ermitted per street
fprontage for all districts
P&I 6 feet 30 per multi-tenant center
Auto-Dealership25 feet 60 or individual business not
a part of a center
National and state flags All Districts Max. height 1 national and 1 state
allowed in district flag per parcel
Noncommercial signs All Districts
(on-site)
Noncommercial signs GC, CM, IP 6 feet 12 Not more than 1 sign
(off-site) per parcel
Open/closed signs 6
Permanent window signs
Portable signs
— Professional occupation 2
signs and nameplates
Real Estate Residential 6 feet 6 For lots less than 1 acre
Districts and PC
32 For lots greater than 1
acre, I sign perfrontoge
Religious, charitable, and 6
cultural events signs
Residential nameplates Residential 1
Districts
Restaurant menu board 4
signs
(permanent)
Service station signs Please refer to Section 9--3.541 Service and Fuel Dispensing
Stations
Subdivision signs Residential 6 feet 32 64 square feet per
(permanent) Districts and PC project entry
Subdivision signs Residential 15 feet 60 80 square feet per
(temporary) Districts and PC subdivision
__. Temporary produce stand FM 32 80 square feet located
signs within 100 feet of the
produce stand
Temporary signs in public- 6 feet 6
right-of-way
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Chapter 9.3 -Zoning Districts and Standards
Table 3-42
Sign Standards
Max.
Type of Sign District/Land Height/Length Max.Area Max.Aggregate
Use (in no case (square feet) Area/Notes
above eaves)
'Cemporary election sibs 6" (if free- 6 Identical/substantially
standing) similar signs shall not be
located closer than 50'
No more than 1
temporary sign per
candidate or ballot issue
per parcel
Temporary signs required by ,—
CEQA process
Temporary window signs 24 Not to exceed more
than 25%of the total
window area
Theater attraction signs
Traffic and safety signs
Vehicle signs
Only 1 freestanding sign per street frontage shall be permitted for individual establishments or shopping centers.
Establishments within shopping centers are not permitted individual freestanding signs.
Individual establishments, multi-tenant commercial and industrial centers, etc. may exceed the maximum
allowable square footage provided the sign area is determined by the Planning Director to be in scale with the
building portion of the tenant, however in no instance shall the sign face exceed the maximum permitted above
or 2 percent of the building elevation portion occupied by the tenant,whichever is greater. If the Planning Director —
finds that it is not in scale with the building elevation,the request is to be referred to the Planning Commission.
* Not more than 1 sign per street frontage per tenant.
City of San Juan Capistrano Land Use Code -
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Chanter 9.3 -Zoning Districts and Standards
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City of San Juan Capistrano Land Use Code _
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Chapter 9.3 -Zoning Districts and Standards
--- Freestanding Monument Sign-Sign Sign copv area determined
by caltvrating the area of
copy area is to be determined by individual words of the
calculating the area of the individual sign copy
words of the sig"copy. Considered the
same as a wall sign. Height of the sign Height determined from
is determined by the measurement toptno.+t edge of the
from the topmost edge of the sign to s;gn to the finished
c at the base
the finished grade at the base of the sign. of thethe s
�D Cc O
Building-Mounted Signs(flush)-Sign
copy area is to be determined by
calculating the area of the individual text
-- and enclosing that area shown by points
A,B,C,and D. Height of the sign "log
is the distance from the topmost Sign copy area determined
letter to the finish grade at the by calculating the area of A g
the indi,ddual word and
base of the building wall. enclosing that area Ig
points A,B,C,and D, r\
C `D
Upper and lower case letter 's2S,1 CC L Height of sigm is the
coy area is determined distance from the
by�,oxing around individual topmost letter to
IV!Or aselders and the finish,rade at
descenders and adding the hast otthe
area total(building building wall.
mounted and monumental
signs).
Building-Mounted Signs(projecting)-Sign
copy area is to be determined by calculating
the area of the sign face as shown on the example 1
and enclosing that area shown by points
A,B,C,and D. Height of the sign
is determined by the measurement A e
from the to of the sign face to the Sion copy area determined by CnMINO
p ca3cula6ii the area of the
finished grade at the base of the sign. sign fate mrd enclosing STREET
A a1 arca by points
A,B,C,and D. c D
Hei•ht of sign determined
b the measurement from
thetop of the sign face to
the finish Zrade at the base
of the buirding.
Figure 3-5
Types of Signs and Calculation of Sign Area
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9-3-213 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(4) Illumination of signs. The illumination of sign copy may be achieved by any one of
the following means:
(A) External illumination. External illumination where the sign copy is either _
illuminated by an external light source that illuminates the sign copy or by back-
lighting where the illumination of the sign is from a light source internal to the
sign copy (letters) and where the light is projected onto the wall surface upon
which the sign is attached. External light sources are to be integrated into the
architectural or landscape features of a project such that it is not generally
visible to the general public from the public right-of-way. External illuminated
signs shall have a subdued light. The use of halogen as a light source shall be
prohibited. Illumination of monument signs shall be limited to external
fixtures;
(B) Internal illumination.Sign copy may use internal illumination where the specific
sign copy lettering uses a translucent material and the only portion of the sign
copy that is illuminated is the actual lettering and/or a registered trademark or
logo. Said signs shall be permitted in all districts except the Tourist Commercial _.
(TC) District and that area identified by the Historic Town Center Master
Plan.
(5) Sign copy. The text or copy of signs shall identify the name and/or location of the
business.
(e) Permitted signs
The following signs are permitted to be erected subject to approval in accordance with
subsection (h) of this section:
(1) Monument (freestanding). Monument signs shall be permitted for individual
establishments not a part of a shopping center and shopping centers. Establishments
within a shopping center shall not be permitted individual monument signs. Copy of -
monument signs may include the name of the shopping center and major tenants as
defined by this section.Additional individual tenant identification may be considered
provided the color of sign copy is uniform and easily readable from a passing vehicle
(minimum six (6) inch letters). Landscaping shall be integrated into the base of
monument signs. Ashopping center may apply for the use of two (2) monument signs
located on both sides of a main entry when integrated into a landscape wall design,
however the aggregate sign copy area for both .sides shall not exceed the total area
permitted for the district in which the project site is located. Street addresses are
discouraged from being included on monument signs, unless required by police or
fire services. All monument signs shall be subject to review and approval by the
Planning Commission pursuant to Section 9-2.343 Sign Permit Review.
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Chapter 9.3 -Zoning Districts and Standards
(2) Building mounted. Building-mounted signs comprise of sign copy attached to the
- building surface. Signs located within arches and not projecting past the building line
are considered building-mounted signs.
(3) Building mounted (projecting). Projecting signs shall project no more than four (4)
feet from the wall or building surface, and if located above a pedestrian walkway, a
minimum clearance of seven (7)feet as measured from the bottom of the sign to the
walkway surface.
(4) Temporary business signs. Temporary business signs for use for up to thirty (30)
days while a permanent sign is being manufactured shall comply with the design
standards of this section and any applicable sim program. Documentation of the
purchase order for the permanent sign is required as part of the sign permit
application.
(5) Theater attraction signs.Theater attraction signs which advertise coming attractions
shall be permitted as building-mounted signs only on the building which the theater is
located. Such signs shall be in scale with the building elevations on which it is
attached. Said sign design and location to be subject to approval by the Planning
Commission.
(6) Major construction signs. On-site, major construction signs shall be permitted upon
issuance of a building or grading permit for the project site that exceeds 7,200
square feet. The maximum allowable size for major construction signs is thirty-two
(32) square feet and eight (8) feet high. Such signs shall be removed prior to
issuance of a cert f cote of use and occupancy for the:project or the last phase of a project
provided a valid building or grading permit has not expired. Additional sign may be
approved as part of a Construction Mitigation Program.
(7) Minor construction signs. Minor construction signs on propertyless than 7,200 square
feet shall be permitted. The maximum allowable size for minor construction signs is
-- six (6) square feet and six (6) feet high.
(8) Temporary subdivision signs. Said signs shall be permitted and used to identify an
approved residential subdivision for a project located in the City. Said signs shall be
removed upon the issuance of the last certificate of use and occupancy for units within
the subdivision.
(9) Permanent subdivision signs. A maximum of two (2) permanent signs used to
denote the main entrance for a residential development shall be permitted.Each sign
shall not exceed thirty-two (3 2) feet in sign copy area or six (6) feet in height.
(10) Noncommercial signs. Noncommercial signs are permitted if not illuminated,
subject to the following provisions:
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Chapter 9.3 -Zoning Districts and Standards
(A) Any on-site signs exhibiting noncommercial speech or message are permitted in
lieu of commercial sign copy.
(B) Off-site signs exhibiting noncommercial speech or message, that is, signing
unrelated to the buying or selling of commodities or anything involved in the
flow of commercial trade, or business custom or practice are authorized
subject to the following:
(i) Square footage is limited to twelve (12) square feet or less;
(ii) There shall be no more than one (1)sign per parcel;
(iii) Total height of a ground-mounted,sign and supporting structure shall not -
exceed six (6) feet;
(iv) A building-mounted sign shall not extend above the eave line; and
(v) Said off-site signs are limited to the General Commercial (GC),
Commercial Manufacturing (CM), and Industrial Park (IP) districts.
(11) Permanent window signs. Noninternally illuminated signs shall be permitted. The
area of permanent window signs shall be included in the maximum aggregate area
allowed for the use or establishment. Incidental signs that describe days and hours of
operation of a business and "Open" and "Closed" signs are not to be considered a -
"permanent window" sign.
(12) Portable signs. Portable signs may be approved provided they are shown to be -
necessary for public convenience and provide directional information.Said signs shall
be located upon the premises and shall not obstruct any required walkway or entry.
Permits for portable signs shall be subject to review,and approval of the Planning Director.
(13) Convenience signs(commercial). The Planning,Director may authorize the placement
of signs which are needed for the public convenience and safety or to provide
directional information. Such signs shall be designed to be viewed from within the
premises or adjacent to the premises by pedestrians or by motorists parking their --
automobiles.The convenience sign area shall not:be calculated into the aggregate area
authorized for the establishment.
(14) Convenience signs(institutional). The Planning Director may authorize the placement
of signs within the public right-of-way as needed for the public convenience and
safety or to provide directional information to institutional uses including
government buildings, churches,schools, or other non-profit institutions.
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9-3-216 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(15) Business promotional signs. The following temporary signs are permitted, if
-- nonilluminated for business promotional activities:
(A) Grand opening signs. A maximum of one (1) temporary sign per street exposure
indicating the grand opening of a new business at a location previously not
devoted to such use,change in ownership of an existing business;or re-opening
of a previously existing business after a major renovation, remodel, or addition
shall be permitted subject to the following standards:
(i) The maximum aggregate area of all grand opening signs is not to exceed
sixty (60) square feet;
(ii) Such signs shall relate to the activity being conducted on the premises
where they are placed; and
(iii) Such signs shall be displayed a maximum of fourteen (14) days only.
(B) Special activities permit signs. Linder Section 9-3.547 Special Activities, special
promotional activities for businesses are permitted. In accordance with those
activities the following signs/banners are permitted:
(i) Size.Banners/signs may be permitted provided they do not exceed thirty
(30) square feet and do not exceed a maximum length dimension of ten
(10) feet.
(ii) Location and color. All signs and banners are located consistent with the
provisions of this section. The color of all signs and banners shall be
approved by the Department of Planning Services.
(iii) Time limitation.Signs and banners identifying the event may be placed on
the site no earlier than three(3)days prior to the designated activity and
shall be removed immediately after the special activity. Said banners shall
be permitted not more than thirty-two (32) days during any calender
year.
(iv) Center-wide events. If the special activity includes multiple tenants of a
commercial center or plaza.,all signs and banners shall be of a similar size,
color and lettering style. This requirement includes all window signs
related to the event. In the case of center or plaza events,the maximum
banner/sign size for individual participants would be eighteen(18)square
feet (same dimension maximums as per above)with a common center
or plaza event identification not to exceed thirty (30) square feet,with
maximum dimensions not exceeding ten (10) feet in length and three
(3) feet in width.
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Chapter 9.3 -Zoning Districts and Standards
(C) Community-wide special events. The Planning Director may approve banners within
the public right-of-way for community-wi de events provided the street banner
request meets the provisions of City Council Policy 419
(16) Real estate signs(commercial and industrial districts).Real estate signs are permitted
in all commercial and industrial districts subject to the following provisions:
(A) Vacant property and new development. Said signs are permitted to be placed on
vacant property, or newly developed property, or an existing development
which has or is undergoing a major rehabilitation. For the purposes of this _..
section,major rehabilitation means where more than sixty(60) percent of the
building square footage has been vacated to conduct building repairs. Such
properties may have signs advertising the sale,lease or rental of the property —
that shall not exceed six(6)feet in height and thirty-two (3 2) square feet. For
those properties that are developed said signs shall be for a period not
exceeding six(6) months from the date of the issuance of a cert f cote of use and
occupancy.
(B) Real estate signs—Existing development(all commercial and industrial districts).Each
building or legal site shall be permitted one(1)temporary real estate sign per street
frontage not exceeding six (6) square feet in area nor more than three (3) feet
in height advertising the sale, lease or rental of a building, suite or the site on
which it is placed.
(17) Service station signs. Signs associated with senzce stations are to be subject to the
regulations found in Section 9-3.541 Service and Fuel Dispensing Stations.
(18) Architectural banners
(A) Purpose and intent.To allow limited use of pole mounted banners in commercial
center parking lots centers in a tasteful manner to invigorate the setting in a
nonadvertising manner without detractixig from the broader community's
aesthetics.
(B) Applicabiby and standards --
(i) Singly owned properties with a minimum of three (3) or more
commercial uses or services having a common parking area with existing
light poles in place,and/or,separate properties considered or marketed
as one single shopping center that share access and have more than three
(3) tenants combined.
(ii) Banners shall be affixed by brackets to the light poles and shall meet all --
safety requirements of manufacturer.
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Chanter 9.3 -Zoning Districts and Standards
(iii) Banners shall be made of vinyl or nylon and no larger than three (3) feet
wide by three (3)feet high,deviations to this size must be requested and
based upon scale of light pole and banner considered together.
(iv) Banners may have graphics;however,text shall be limited to expressions
such as "Celebrate," "fun," "Merry Christmas," or "Happy Holidays."
Names of individual tenants shall not be used on banners; however,
generic listing of available services may.
(v) A color palette shall be provided. for consideration by the Planning
Commission.
(vi) Lip to half of existing light poles may have banners attached; and may be
placed throughout the parking lot as desired, near entrances, or in
groupings.
(vii) Banners must be maintained in good shape, any signs of wear and tear
necessitate their immediate removal.
(viii) Banners shall be placed with public safety in mind. The bottom of each
banner shall be placed a minimum of seven (7)feet from finished grade
and shall not obstruct the walkway, drive aisle or passage of
automobiles, delivery vehicles or their designated parking spaces, and
people.
(C) Review of pole mounted banner applications.The Planning Department shall receive
all applications for installing pole mounted parking lot banners. Upon receipt
of a complete application, the request shall be forwarded to the Planning
Commission for consideration. Notification to center merchants shall be
required.
(D) Submittal requirements
(i) A completed development application for the use of pole mounted
banners signed by the property owner of record.
(ii) Applications shall also include a site plan showing the location and must
be submitted by property owners meeting the above qualifications.
_ (fJ Signs not requiring a permit
The following signs shall be permitted within the City subject to the limitations and
- requirements set forth in this section. Sign permits shall not be required, but building and
electrical permits may be required as set forth in Tide 8 of this Code.
- City of San Juan Capistrano Land Use Code
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Chapter 9.3 -Zoning Districts and Standards
(1) National and state,f1'ags. National and state slags shall be flown and displayed in —
manner whereby they are not construed as an attraction-gaining device for the
advertisement of a product or use or in a manner to otherwise draw attention of the
traveling public to an establishment or sales office.Such displays shall conform to the
criteria established by House Document 209' of the 91st Congress and shall be
maintained in an untattered/soiled condition. In addition such displays shall be
limited to one national flag and one state flag per parcel.The height shall not exceed
that for the specific zoning district in which it is located.
(2) Incidental signs. The following incidental signs shall be permitted in all districts, if not
illuminated (except as provided for here below)and no sign permit shall be required:
(A) Religious,charitable,and cultural event signs not exceeding six(6)square feet
in area and temporary in nature (displayed not more than thirty(30) calendar
days per year). Such signs may be�fflsite signs. If off-site,the organization shall
notify and get prior approval from the Planning Director. The purpose of this
requirement is to insure that no traffic or public hazard will be created by the
placement of the sign;
(B) Temporary window signs that do not exceed more than twenty-five(25)percent -
of the total window area. For the purpose of this section, total window area
shall mean the total square footage of window area located on a specific
building elevation of the individual business for which the temporary sign is --
located. Said sign shall not exceed twenty-four(24) square feet. Said temporary
signs may be placed for a period not exceeding fourteen (14) days, six (6)
times per year;
(C) Residential nameplates not exceeding one (1) square foot in area indicating
the name of the occupant of the residence;
(D) "Open"and"Closed"signs for a business establishment,either illuminated or
nonilluminated that do not exceed six (6) square feet located in a window or
door;
(E) Professional occupation signs and nameplates not to exceed two (2) square
feet denoting only the name and profession of an occupant of the premises on
which it is placed;
(F) Memorial signs and tablets which denote the names of buildings and dates of
erection,when cut into a masonry surface or when constructed of bronze or
other noncombustible materials. Such signs shall not exceed six(6)square feet
in area;
City of San Juan Capistrano Land Use Code
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Chapter 9.3 -Zoning Districts and Standards
(G) Temporary signs associated with produce stands not exceeding an aggregate
eighty(80)square feet and located within 100 feet of the produce stand,with
individual signs not exceeding thirty-two (32) square feet in area;
(H) Vehicle signs painted directly on vehicles indicating the name of the establishment
using the vehicle. Other types of vehicle signs as set forth in subsection (g) of this
_ section shall be prohibited;
(I) Government and legally required posters,notices,and signs. Such signs may be
located off-site;
(J) Traffic and safety signs including signs of public utility agencies and
construction contractors serving as directional or safety aids (may be
illuminated). Examples include street signs, freeway off-ramp signs, and
roadwork signs;
(K) Temporary signs placed in the public right-of-way and not exceeding six (6)
square feet in area,nor exceed three (3)feet in height. Such temporary signs are
subject to Chapter 9 of Title 7 of the Municipal Code. For the purpose of this
section, subdivision directional signs shall only be permitted for those residential
subdivisions located within the City;
(L) Noncommercial signs shall be permitted in all residential districts subject to the
size and height requirements set forth for noncommercial signs within this
section;
(M) Temporary election signs related to a national,state,or local election including
candidates and/or other issues that have been placed upon the ballot may be
posted on private property, subject to the permission of the property owner
and compliance with the following restrictions:
(i) Each temporary sign may not exceed six(6)square feet in area nor six(6)
feet in height if a freestanding sign.. If a building-mounted sign, it shall be
located below the roof eaves;
(ii) Each temporary sign must have listed in the lower righthand corner of the
sign,the name of an actual person responsible for removing the temporary
sign,a phone number where this person may be reached,and the date of
posting;
(iii) Temporary signs cannot be illuminated, revolve, or otherwise function
with mechanical parts or devices;
-
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Chapter 9.3 -Zoning Districts and Standards
(iv) Flags, valances, pennants, lights or other similar attraction devices
which are accessory to a permitted temporary sign are prohibited;
(v) Temporary signs may not be supported,in whole or in part,from any tree,
utility pole or other utility installation on private property or public
right-of-way;
(vi) Tempororysigns may be posted no more than thirty(30)days prior to the
election date which they notice; and
(vii) Temporary signs shall be placed no less than fifty (50) feet apart from
identical or substantially similar ;=pormy signs, and in no case shall
more than one temporary sign per candidate or ballot issue position be _
allowed per parcel.
(N) Temporary signs that are required as a mitigation measure in accordance with a T
certified Environmental Impact Report or Negative Declaration or other applicable
environmental document which is enforceable by the provisions of the
California Environmental Quality Act or condition made a part of approval for
a specific development application; and
(0) Restaurant menu board signs (permanent) building-mounted that do not
exceed four (4) square feet (may be illuminated).
(g) Prohibited signs
The following signs, types of signs, and attraction devices shall be prohibited:
(1) Signs mounted on or above roofs;
(2) Signs which incorporate in any manner flashing,moving,including signs manipulated
by individuals, or intermittent lighting; --
(3) Signs which incorporate mechanical movement:of any kind such as but not limited
to, rotating, revolving, moving, or animated signs;
(4) Trailer signs and signs attached to the roof, tnink, hood, or other part of a vehicle,
unless specifically permitted by subsection (f)(2)(H) of this section,
(5) Off-site signs, except those specifically permitted by subsections (e) and (f) of this _.
section;
City of San Juan Capistrano Land Use Code --
9-3-222 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(6) Billboards, off-site advertising signs, and other signs which give directions to or
identify a use or product not sold or located at the location of the sign except as
permitted in subsection (f) of this section;
(7) Flags,valances, balloons, pennants, and/or other attraction devices;
(8) Signs which are supported in whole or in part from any public utility installation or
any tree or other utility pole on public or private property;
_ (9) Signs which by color,wording,design,location, or illumination resemble or conflict
with any traffic control devices or with the safe and efficient flow of traffic;
— (10) Signs which create a safety hazard by obstructing the clear view of pedestrian or
vehicular traffic, per Section 9-3.559 Visibility at Intersections/Driveways-,
(11) Signs which are placed on or written providing direction (excepting address) in
windows of a vehicle, where the vehicle is parked in such a way as to promote or
advertise,whether on public or private property;
(12) Signs which do not conform with the design standards of this section;
(13) Exposed neon signs (except "Open" or "Closed"window signs); and
-- (14) Spot lights (except as part of an approved community-side event).
(h) Sign permit procedures
A sign permit application shall be processed according to Section 9-2.343 Sign Permit
Review. Tenants have the option to submit sign proposals that are not consistent with
approved sign programs to the Planning Commission for consideration, as described in
subsection (i).
(i) Exceptions
Exceptions to the design standards of subsection (d) of this section may be granted by the
Planning Commission after conducting a duly noticed public hearing in accordance with
Section 9-2.335 Public Hearing Procedures. In order to grant an exception the Planning
Commission must make the following findings:
(1) The sign complies with all other applicable criteria of this section;
(2) The scale of the sign will be in harmony with the architectural design for the building
which it will serve;
City of San Juan Capistrano Land Use Code
9-3-223 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
(3) The sign will not create a hazard or will be harmful to other adjacent properties; and
(4) The sign is an integral component of a coordinated sign program for the building or
development.
(j) Appeals
Any decision of either the Planning Director or the Planning Commission may be appealed
to the City Council in accordance with the procedures of Section 9-2.311 Appeals.
(k) Violation
The following provisions shall apply to violations of this section: —
(1) Removal of illegally sized signs, illegally affixed signs, and unmarked signs
(A) Temporary signs placed on private property which obstruct the visibility of
traffic, street signs, signals or emergency equipment, and are determined by
the Director of Building and Engineering,to pose a hazard to public safety,are
subject to immediate removal by City employees. Temporary signs removed in
accordance with this subsection shall be stored and the owner notified in
accordance with written administrative procedure.
(B) Temporary signs improperly marked in accordance with subsection (f)(2), or -
which are affixed,or which are illegally located,are subject to removal by City
employees upon twenty-four (24) hour notice. A notice of removal will be
affixed to the illegal sign during this twenty-four (24) hour period. A
reasonable attempt will be made to notify the sign owner of the violation and
the need to remove the illegal sign. An o,Amer of an illegal temporary sign given
notice to remove the sign may file a written request for an administrative
hearing by the Planning Director,if he or she disputes whether the sign is illegal.
This written request must be filed prior to the expiration of the twenty-four
(24) hour period of notice. The sign will not be removed until the
administrative hearing is conducted. The Planning Director must hold an
administrative hearing within seventy-two (72) hours of receipt of written --
request to consider whether the sign is illegal. If the Planning Director finds that
the sign does not meet all applicable requirements of this Code for temporary
signs,the sign shall be removed within twenty-four(24)hours.If the sign is not -
removed,the City will cause the sign to be removed and it will be stored at City
offices in accordance with written administrative procedure.
(C) Any temporary sign posted or otherwise affixed in violation of subsections
(k)(1)(A) and/or(k)(1)(B)of this section may be removed by officers of Police
City of San Juan Capistrano Land Use Code
9-3-224 November 15, 2002
Chapter 9.3 -Zoning Districts and Standards
Services, Building Inspectors, Public Lands and Facilities employees, or by a
Code Enforcement Officer.
(D) Illegal or abandoned signs. As used in this section, illegal signs do not include
legally erected, nonconforming signs, for which an applicable amortization
period has not expired. "Abandoned advertising sign" shall mean any sign
remaining in place or maintained for a .period of ninety (90) days which no
longer advertises or identifies an ongoing business,product,or service available
on the business premises where the sign is located. All illegal or abandoned
-- signs shall be removed without compensation,including any on-site sign which
meets any of the following criteria:
(i) Any sign erected without first complying with all ordinances and
regulations in effect at the time of construction and erection or use;
and
(ii) Any sign which was lawfully erected, but which the display has been
abandoned by its owner, for a period of not less than ninety(90) days.
Costs incurred in removing an abandoned display may be charged to
the legal owner of the premises upon which the sign is located.
(E) In addition to the above,every violation of any provision of this section shall be
punishable as set forth in Chapter 2, Tit].e 1 of this Municipal Code.
Section 9-3.545 Soils Subsidence Remediation Program
(a) Purpose
The purpose of this program is to establish specific measures that will provide financial
resources and programs to assist in the correction of damages arising from slope
displacement.
(b) Projects Subject to Program
"Significant residential development" covered by this program means all residential
development proposals in hillside areas as defined by having natural slopes of greater than
10 percent consisting of: (a) ten (10) or more subdivision lots; or (b) any development
which requires corrective grading to eliminate a potential slope or soils stability problem.
Slopes subject to the provisions of this chapter are defined as follows:
(1) All designated common area landscape slopes maintained by a Homeowner
— Association who has been designated by the project CCBzR responsibility for their
maintenance;
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Chapter 9.3 -Zoning Districts and Standards
(2) All manufactured slopes having a minimum height of five (5) feet in vertical height;
(3) All natural slopes within 200 feet of individual lots, or within 150 feet if within the
fuel modification zone.
(c) Program components
Each subdivision tentative map approval or other development requiring a land use
entitlement covered by this title shall include condiitions of approval implementing the
following provisions. Said provisions shall be established and recorded prior to or
concurrent with a final map or issuance of a grading permit whichever would occur first.
(1) Catastrophic soil displacement program element. The following standard condition
of approval shall be applied to all residential subdivisions in the City that incorporate
manufactured slopes of either a cut or fill nature within an area subject to this
program:
(A) Type of remediation program. Prior to the issuance of a grading permit, the
subdivider shall create a Geologic Hazard Abatement District authorized under
Public Resources Code Section 2 6500 et.seq.Said District upon creation shall
be activated upon a subsidence occurrence per the definition in subsection(B)
following.
(B) Definition of catastrophic coverage. Catastrophic soils subsidence is defined as
displacement of a manufactured or natural slope at a depth greater than three
feet with a vertical movement of one (1) foot or more, regardless of cause.
(C) Covered repairs (short-term). The subdivider will make or cause to be made all
repairs to correct any damages to individual lots and structures, or
common/public improvements due to soils displacement at their sole expense
for the first three(3)years after completion of rough grading of the entire site
or the close of escrow for all lots within the subdivision whichever is latter.
(D) Covered repairs (long-term). If a catastrophic displacement should occur
subsequent to subsection (C) above,the Geologic Hazard Abatement District
shall cover the cost of the actual repairs including damage to individual lots and
structures, or common/public improvements due to soils displacement.
(E) Reserved rights clause. This clause shall be, included in the formation of the
Geologic Hazard Abatement District reserving the right of the subdivider, a
homeowner association or the Geologic Hazard Abatement District to assert
claims against any person or entity responsible in whole or in part for the -
displacement of soils covered by this section.
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(F) Public disclosure of district formation. Public disclosure of the formation of the
district shall be provided by a recorded document on the Grant Deed for all
lots or parcels within the boundaries of the Geologic Hazard Abatement
- District.Furthermore,the California Department of Real Estate Report on the
subdivision offering the lots or parcels for initial sale shall also include a disclosure
statement for prospective buyers.
(2) Surficial soil displacement remediation progiram element. The following program
elements shall be incorporated into CC&R for any residential subdivision applications
subject to the provisions of this chapter to insure the long-term stability of
subdivision slopes over the life of the project for surficial displacement:
(A) Definition of su f cial coverage. "Surficiat soils subsidence" is defined as
displacement of a manufactured slope at a depth up to three (3) feet with a
vertical movement of one (1) foot or more, regardless of cause. Soils
subsidence does not include surface cracking and fissures, including
desiccation cracks, or erosion (defined as the wearing away of surface of the
slope,as opposed to movement of the slope,resulting from the force of water,
wind, persons, or vehicles moving over the surface, unless erosion ultimately
results in displacement). Surficial damage shall be considered catastrophic if
due to the extent of movement,sufficient funds as required under subsection
(D)following, are not available to repair the damage.
(B) Reserved rights clause. This clause is to reserve the right of the subdivider, a
homeowner association or the Geologic Hazard Abatement District to assert
claims against any person or entity responsible in whole or in part for the
displacement of soils covered by this program.
(C) Covered repairs (short-term). The subdivider will make or cause to be made all
repairs to correct any damage to individual lots, structures or public/private
improvements soils displacement at their sole expense for the first three (3)
years after the completion of rough grading or the close of escrow for all lots
within the entire subdivision whichever is latter.
(D) Covered repairs (long-term). A Homeowner Association shall be formed for all
subdivisions subject to the City soils subsidence remediation program. The
purpose of the Association is to insure the maintenance of a Homeowner
Assessment Fund which will collect and maintain a restricted fund to correct
damage to individual lots,structures or public/private improvements due to soil
displacement occurrences. Said restricted account is to be established prior to
the issuance of the first grading permit for the subdivision. The subdivider is to
deposit into the H omeowner Association restricted account,an initial amount
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as determined by the City. Regulation and use of the restricted account shall
be in accordance with the following: —
(i) Funds deposited into the Homeowner Association restricted account
can only be used for actual costs associated with correcting soils -
displacement events as described above. The initial security shall be in
such form and manner as to guarantee and secure the performance of
the seller (subdivider) and shall consist of one of the following, at the
option of the seller and with the approval of the Ci y Council:
(a) Corporate sureties approved by the City Attorney;
(b) A deposit, either with a responsible escrow agent or trust
company,of money or negotiable bonds of the kind approved for
securing deposits of public moneys; or
(c) An instrument of credit, from one or more financial institutions
subject to regulation by the state or federal government,pledging
that the funds necessary to carry out the warranty program are on
deposit and guaranteed for payment.
(ii) Special assessments shall be applied to all parcels within the subdivision.
Said assessments shall commence on the initial close of escrow,
pursuant to the regulations of the California Department of Real Estate.
Said assessments shall be collected by the Homeowner Association until
the account reaches a predetermined minimum as established by the
Ciy. The subdivider shall be able to withdraw its initial deposit
provided the fund does not fall below seventy-five (75) percent of the
predetermined minimum. If a claim occurs during the period the
developer is responsible, and the fund drops below the seventy-five
(7 5)percent level the developer shall restore the fund to the minimum -
seventy-five (7 5) percent level.
(iii) If the amount in the account is less than the minimum amount as
specified above at the conclusion of the initial time period (short-
term), then the subdivider shall deposit sufficient funds to meet the
minimum requirements.
(iv) Appropriate provisions shall be included in the Homeowner
Association CCBzR and in the grant deeds to grant an exclusive license
to the subdivider or the Homeowner Association, the right to enter
onto common lots and individually-owned lots so that the subdivider or
its agents or Homeowner Association can maintain and inspect all
landscaping, irrigation and drainage devices, and all other natural and
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artificial conditions which affect or might affect the integrity of slopes
-- which are subject to the provisions of this program.
(v) A provision in the CC&R that requires any proposed alterations by
homeowners to the landscaping,grading, irrigation or drainage installed
as part of the subdivision on individually-owned property to be subject
to review and approval by the Homeowners Association and City.
(E) Claim processing. The Homeowner Association in the administration of this
program shall retain the services of an independent claims adjusting service.
The service shall be responsible to adjust all claims for work which are claimed
to be within the coverage of the program. Claims asserted to be within the
coverage of the program will be processed by forms provided by the
Homeowner Association and filed with the independent adjuster, who will
promptly adjust such claims after obtaining an analysis on the scope and cost
of completing all necessary repairs. The Assessment Fund or other approved
funding device will compensate for the cost of the independent claims
adjusting service.
(F) Mod f cation to required CC&R. A provision shall be incorporated into a
subdivisions CC&R that will require City approval of any modifications to
specific provisions of the CC&R designed to carry out the provisions of this
chapter.
Section 9-3.547 Special Activities (non-residential
(a) Intent and purpose
The intent and purpose of this section are to establish a permit procedure for the regulation
of the display of merchandise and products and/or temporary banners outside normal sales
_ areas which may occur in association with a special promotional/sale activity and in
addition, certain short-term uses which due to their brief duration may be adequately
managed through a permit process. This section is not intended to control or regulate the
normal promotional/sale activities conducted within the approved display area of a
business establishment as provided for by other applicable provisions of this Code.
(b) Applicability
(1) Business owners/property owners who are engaged in conducting a permitted
business activity in the Office Commercial (OC),Neighborhood Commercial(NC),
Tourist Commercial (TC), General Commercial (GC), Farm Market (FM),
- Commercial Manufacturing (CM), and those portions of the Planned Community
(PC)District which permit commercial uses may apply for a special activities permit.
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(2) Christmas tree sales. The sale of Christmas trees shall be permitted only during the
month of December, subject to the following requirements: —
(A) A special activities permit shall be obtained prior to the issuance of any other
permit relating to the operation of this use.
(B) The facility shall be removed and the premises upon which it was located shall
be cleared of all debris and restored to its original condition by January 1 st
following the holiday.
(3) Carnivals,festivals, exhibits, and sidewalk sales. These uses and similar enterprises
may be operated on a temporary basis provided they meet thefollowing requirements:
(A) A special activities permit shall be obtained prior to the issuance of any other
permit relating to the operations of this use;
(B) Sponsorship shall be limited to public agencies or religious, fraternal, or
service organizations directly engaged in civic or charitable efforts;
(C) The time period for such activities shall :not exceed five (5) consecutive days
within any three (3) month period;
(D) Such activities shall not cause or produce dust, gas, smoke, fumes, odors, or
vibration detrimental to other persons or:properties in the vicinity;
(E) The lights used to illuminate the event shall be arranged so as to direct light
away from nearby residences;
(F) No public address system shall be installed in conjunction with the event
unless such system is modulated so as not to disturb the occupants of nearby
dwellings;
(G) All structures,apparatus,and appurtenances shall be removed from the premises
as soon as possible following the closing of the event; and
(H) The hours of operation shall be subject to the review and approval of the
Planning Director.
(4) Car dealers desiring to use tents temporarily to promote sales are subject to the
following:
(A) A maximum period of up to thirty-two (32) days may be approved under a
special event permit application issued by the Planning Director and may not be
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broken into more than three(3)separate time periods totaling thirty-two(3 2)
days.
(B) The Planning Commission, upon conducting a public meeting, may grant an
additional time period of forty-five (45) days. Said application shall indicate
the additional time of year the tent will be used.
(C) Dealership tents may be allowed beginning in January as long as there is a thirty
(30) day gap between each time period allowed.
(D) Design standards for dealership tents shall be as follows:
_ (i) No signs or other structures may be added to the tent.
(5) A grand opening event of fourteen (14) days shall be exempt from these provisions.
(c) Review process
(1) The Planning Director, or designated agent, may issue special activities permits,
pursuant to Section 9-2.303 Administrative Ap provals, provided thefollowing criteria
are met and the application is consistent with the design standards set forth in
subsection (d) of this section:
(A) The special activity permit will not exceed thirty-two (32) days during any
twelve(12)month period.The Planning Commission may also approve for car
dealerships, subject to Section 9-2.339 Public Meeting Procedures, an
--- additional forty-five (45) day period for auto dealership promotional tents.
(B) The property owner has authorized the special activity in writing; and
(C) The application is submitted fourteen(14)days prior to the scheduled activity.
(d) Application information
The Planning Director shall prescribe the type and form of information required to process
an administrative permit.
(e) Specific design standards
The following specific design standards shall apply to all special activities:
(1) Banners/signs.Banners and signs maybe permitted in accordance with the provisions
of Section 9-3.543 Signs.
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(2) Flags. The use of flags shall be strictly prohibited.
(f) General conditions of approval
The following general operational conditions shall be considered for all special activity
permits:
(1) Activities shall be restricted to that portion so designated on the site plan;
(2) A site plan has been approved by the Orange County Fire Authority and Orange
County Sheriff's Departments for meeting public safety requirements when
applicable;
(3) The City has reviewed the site plan regarding adequate parking and traffic circulation
for both vehicular and pedestrian,including provisions for emergency ingress/egress;
(4) Adequate space shall be provided on walkways for the passage of pedestrian traffic
(minimum five (5) feet);
(5) The site plan and all signage complies with this Code and the specific design standards
set forth in subsection (e) of this section;
(6) Displays shall be removed by 10:00 p.m. on the last day of the activity;
(7) A valid business license has been issued for the applicant by the City;
(8) A cleaning deposit had been made if determined to be applicable by the Planning
Director;
(9) The activities shall be confined to the sale of the specified goods only,
(10) Additional conditions as determined by the Planning Director or designated agent as
necessary to protect the public's health, safety, and welfare shall be met; and
(11) Must be issued all applicable building permits.
(g) Additional activities
The Planning Director or his or her agent may approve, conditionally approve, or deny
special activity permit requests for the following types Df uses. These uses may be permitted
for a period of time not to exceed thirty-two (3 2) days. The thirty-two (3 2) days allowed
under a special use permit application shall not be broken into more than three (3)
individual times per calender year. Applications for such uses shall be on forms provided
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by the City and shall include all necessary information to review such requests for
compliance with all applicable regulations.
(1) Christmas tree sales;
(2) Carnivals, festivals, and exhibits by non-profit community groups;
(3) Sidewalk sales and special retail promotional events;
(4) Horse shows and exhibitions not located at an existing equestrian center;
(5) Promotional tents for car dealers; and
(6) Any special activity proposed for a residential district (shall require adjacent property
owner approval).
Section 9-3.549 Storage and Display (Outside)
(a) Outside storage as principal or conditional uses
The outside storage of materials, equipment, and other items shall be prohibited, except
where specifically permitted in individual districts. Where outside storage is permitted as
a comparable mobilehome park, specific conditions providing for adequately screening the
storage area shall be imposed by the Planning Commission.
(b) Outside storage as accessory use
The outside storage of materials and equipment,where permitted as incidental to the use
of an office,store,factory,or other commercial or industrial building located on the same
building site, shall conform to the following:
(1) Any outdoor area used for storage shall be completely enclosed by a solid masonry
wall,with necessary solid appearing gates,with a minimum height of six(6)feet and
a maximum height of eight (8) feet. The substitution of a fence, decorative wall, or
dense plantings which will adequately buffer the area may be approved as a part of
the development review procedures.
(2) The storage of materials or equipment shall not be higher than the enclosure
surrounding it. Exceptions may be granted by the Planning Commission in cases
where the stored materials are within a container, such as a silo, bins, or tanks, for
finished products in transition or in other situations where the provisions of this
subsection are not appropriate.
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(c) Outside displays of merchandise and products
The outside displays of merchandise and products shill be prohibited in all districts,except
where specifically permitted by this Code.Permitted outside displays shall comply with the
following provisions:
(1) Every portion of a lot used for outside displays shall comply with all the setback
requirements for the applicable base district, except for vehicular sales and rentals;
(2) Every portion of a lot used for outside displays shall be considered as a part of the
gross floor area in calculating the parking requirements for the subject use,except for
vehicular sales and rentals;
(3) Every portion of a lot used for the sale, rental, or lease of automobiles, trucks,
trailers, and other similar vehicles shall comply with the screening, access, circulation,
paving,bumper,lighting,and other applicable provisions of this chapter required for
parking facilities.For inventory parking of vehicles, tandem parking is permitted,subject
to maintenance of a twenty-five (25) foot drive aisle. In addition to the landscape
requirements required by Section 9-3.5 3 5 Parking,all sites shall provide a minimum
ten (10)foot landscaped buffer area between the streetfrontage and display area;and
(4) All outside display areas shall be designated and approved during the development
review procedure.
Section 9.3.551 Swimming Pools
Swimrr,ing pools, whirlpools, and spas shall be permitted in all residential districts subject to the
followiizg requirements:
(a) RS-10,000, RS-7,000, RS-4,000, RG-7,000, R.G-4,000, RM, AF/SH and PC
Districts
Swimming pools, whirlpools and spas located 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 (RG-4,000), Multiple-Family (RM),
.Affordable Family/Senior Housing(AF/SH),and Planned Community(PC)Districts shall
be located no closer than five (5) feet from the edge of the water to any side or rear
?roperty line, and shall maintain the front yard setback as specified in this Code for the
principal building on the lot. In no case shall pools be located where the fence height is
.-estricted to less than five (5) feet.
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(b) RSE-40,000, RSE-20,000, RA,A, and HR Districts
Pools in the Single-Family-40,000 (RSE-40,000), Single-Family-20,000 (RSE-20,000),
Residential/Agriculture (RA), Agri-Business (A), and. Hillside Residential (HR) Districts
shall be located no closer than ten (10) feet from the edge of the water to any side or rear
property line and shall maintain the same minimurn front yard setback as specified in this
Code for the principal building on the lot. In no case shall pools be located where fence
height is restricted to less than five (5) feet.
(c) Filter and heating equipment
Filter, heating, and other pool support equipment shall be located no closer than twenty
(20)feet from any neighboring dwelling,unless such equipment is placed within a building,
underground vault, or other enclosure which the Eanning Director determines provides
effective noise and vibration damping.In order to make such a determination,the Planning
Director may require sound tests of the proposed enclosure by a qualified professional.The
Planning Director shall use the requirements of Section.9-3.531 Noise Standards as a guide
to determining the adequacy of acoustical damping.
(d) Fence requirements
All pools shall be completely enclosed by a fence or wall pursuant to Title 8 of this
Municipal Code.
(e) Supplemental structures
The following supplemental structures including pool slides,waterfalls, grottos, etc., that
exceed six (6) feet in height shall comply with all setback provisions of Section 9-3.501
Accessary Lases and Structures.
Section 9-3.553 Temporary Uses and Structures
The f allowing uses and structures may be established as temporary uses or structures subject to prior
approval by the Planning Director according to Section 9-2.347 Temporary Use Permit.Additional
temporary uses may be established by the City Council by resolution.
(a) Temporary storage of building materials
The temporary storage of building materials shall be restricted to those materials used
during the construction of a building project. For the purposes of this subsection, "storage"
shall include the temporary office of the contractor provided such office is located on the
construction site or on property adjoining the construction site.
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(b) Large construction in residential yards
(1) Large construction in residential yards shall pertain to a type of construction which
is not incidental to the residential use nor of a commercial nature such as boat,plane,
non-operable automobile restoration, etc. Such activities may be permitted within
a residential district subject to the issuance of a temporary use permit by the Planning
Director.
(2) The applicant for a temporary use permit for such purpose shall comply with all of the
following requirements:
(A) The proposed construction shall be of a type which will not be permanent to
the site and which shall not require the issuance of a building permit, such as
for boat construction and car restoration;
(B) The construction shall not project into any required front or exterior side
yard;
(C) The proposed item for construction shall be for the personal use of the
applicant or the members of his or her immediate family;
(D) The proposed construction shall adhere to the requirements limiting excessive
noise as set forth in Section 9-3.531 Noise Standards; and
(E) The temporary use permit shall be issued for a period not longer than one (1)
year.Extensions may be granted subject to the approval of the Planning Director.
(c) Model homes and subdivision sales offices
(1) General requirements. Temporary model homes and subdivision sales offices may be
erected and maintained in conjunction with approved subdivisions in the City. Such
uses shall be restricted to the first sales of lots or units within approved subdivisions and
shall be subject to the following:
(A) All temporary elevation alterations of homes for commercial purposes shall be
subject to prior approval by the Planning Director.
(B) The furnishings placed in a model home shall be maintained solely for the
purposes accessory to the display of the model home.
(C) Banners,posters, pennants,ribbons, streamers, strings of light bulbs, spinners
and other moving devices shall be prohibited.
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(2) Use and occupancy. Temporary certificates of use and occupancy for the operation of
model homes and subdivisions sales offices shall be issued by the Division of Building
and Safety upon approval by the Planning Director,subject to record of administrative
approval.
(3) Enforcement.Any violation of this Code pertaining to the operation or occupancy of
model homes or subdivision sales offices shall be cause for the revocation of any use
and occupancy permit previously issued for any.model home or subdivision sales office.
(d) Temporary residences and temporary caretaker residences
(1) Outside the Floodplain Management District
(A) Temporary residences or temporary caretaker residences located outside the
Floodplain Management District are subject to the following requirements:
(i) Temporary residences or temporar},caretaker residences shall be listed as a
permitted use in the applicable district; and
(ii) Temporary residences or temporar3-caretaker residences shall meet all yard
setback requirements of the applicable district.
(B) Temporary residences or temporary caretaker residences located outside the
Floodplain Management District are also subject the following requirements:
(i) Temporary residences and temporary caretaker residences shall have a floor
area no greater than 750 square feet; and
(ii) Temporary residences and temporai'y caretaker residences shall be removed
no later than nine (9) months after the issuance of the set-up permit
for the permanent primary residence or temporary caretaker residence or
upon the issuance of the "certificate of use and occupancy" for the
permanent principal residence, permanent caretaker residence, or
permanent use,whichever occurs first.
(C) The set-up permit for the temporary residence or temporary caretakers residence
shall not be used until after the issuance of the building permit for the
permanent principal residence,permanent caretakers residence,or permanent use.
(D) In order to assure compliance with the requirements of this subsection, a cash
deposit or other form of surety shall be deposited in accordance with Section
9-5.101 Fees, Deposits, and Bonds.
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(e) Within the Floodplain Management District
No temporary residences or temporary caretakers residences shall be situated within the
Floodplain Management District.
(f) Use of vehicles
The temporary use of a mobilehome,recreational vehicle,truck,or other vehicle as a residence or
commercial structure shall not exceed ten (10) days in all districts.
(g) Temporary classrooms for private schools
Temporary classrooms used at private schools shall be subject to the regulations contained
in City Council Policy 415.
Section 9-3.555 Transportation Demand Management
(a) Purpose and intent
The City of San Juan Capistrano finds and determines that the purpose and intent of this -
section is to:
(1) Reduce traffic congestion which contributes to significant deterioration of air quality
and increase the efficient use of energy resources;
(2) Increase mobility, improve the overall efficiency of the City transportation system
by enhancing vehicular flow and shifting transportation demand to facilities with
available capacity; and,
(3) Improve air quality and reduce noise levels associated with traffic.
(b) Applicability
(1) The provisions of this section shall apply to all proposed nonresidential development.
(2) The facility standards provisions of this section shall apply to proposed nonresidential
development projects based on projected number of employees according to
subsection (3) of this subsection and based on Table 3-43. For those facility standards
which are discretionary, the Planning Director shall have the authority to require the
provision of such improvements based on their&r p reduction capability.
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Table 3-43
Facilities Standards
Number of Employees
15-25 25-49 50-99 100-249 250+
Rideshare Information Area R R R R R
Secure Bike Storage D R R R R
Preferential Parking -- R R R R
Rideshare Passenger Loading -- D R R R
Shower Facilities -- -- D R R
Bus Turnout's -- -- -- D R
Central Lunchroom -- -- D D R
(R: Required; D: Discretionary; --: Not Required)
Provided OCTA designates a bus stop adjacent to the project site.
(3) For the purpose of determining whether a proposed development project is subject
to the provisions of this section, projected total number of employees shall be
- determined based on the following:
(A) Employment projections shall be based on the proposed area (square feet) of
nonresidential development,the type of land use,and the following "employee
generation factors" included in Table 3-44:
Table 3-44
Employee Generation Factors
Land Use Building Area/Employee
- Commercial 500 square feet
Office 250 square feet
Industrial 525 square feet
Hotel/Motel 1.2 rooms
Others Determined by City Engineer
(B) In cases where the applicant believes that the"employee generation factors"of
Table 3-44 are not appropriate,they may request approval to use alternative
"employee generation factors" subject to review and approval by the Planning
Director. The Planning Director may approve such alternative "employee
generation factors" based on findings that they are based on comparable or
more accurate survey data conducted by a professionally recognized
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organization and that they will result in a more accurate estimate of potential
employees for a given project.
(c) Facility standards
All nonresidential development projects which are required to provide rideshare facilities
pursuant to subsection (b) of this section shall comply with the following facility standards:
(1) Rideshare information area
(A) Rideshare information areas shall be an area that provides employees with
information on available transportation alternatives to the single-occupancy
vehicle.
(B) The area shall be centrally located and accessible to all employees or tenants.
(C) Information should include current routes and schedules for public transit,
ridesharing match lists, available employee incentives, and ridesharing
promotional material supplied by commuter-oriented organizations.
(2) Secure bicycle storage
(A) Bicycle storage facilities for use by employees or tenants shall be conveniently
located in relationship to employee building entrances.
(B) Bike storage facilities shall be provided for five (5) bicycles for every 100
employees or fraction thereof.
(3) Preferential parking
(A) A minimum number of parking spaces restricted for use by "car/van pool"
vehicles shall be based on the following percentage of total required parking:
Commercial Uses 4.596
Office/Professional Uses 12.75%
IndustriaVR&D Uses 13.59/6
Hotel Uses 4.59,6
(B) "Car/Van Pool" parking spaces shall be clearly designated by surface painting
and/or signs indicating"Car-pool vehicle use only"and will be located in close
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proximity to the employee entrance to the building to the satisfaction of the
Planning Director.
(4) Rideshare vehicle loading area
(A) Loading areas shall be provided for rideshare vehicles in close proximity to the
building's employee entrance(s).
(B) Rideshare vehicle loading areas will be sized to accommodate the anticipated
type of rideshare vehicle and should be designed in a manner that does not
impede vehicular circulation in the parking area.
(5) Employee shower facilities
(A) Employee shower facilities for use by bicycle and pedestrian commuters will
be conveniently located and available to all employees.
(B) Employee shower facilities shall be provided at a minimum of two (2) for
every 250 employees or fraction thereof.
(6) Bus turnouts
(A) Bus stop improvements including bus pullouts, bus pads, and right-of--way for
bus shelters may be required by the City Engineer for major developments
located along high traffic volume streets and established bus routes based on
the recommendation of the "Transit Authority" which provides public bus
service to the project site.
(B) Bus stop improvements will be designed to conform with standard traffic
engineering standards.
(7) Central lunchroom
(A) Central lunchroom facilities will provide employees with on-site food
preparation and eating areas. Central lunchrooms shall provide a minimum of
ten (10) square feet per employee.
(B) Central lunchrooms shall include, at a minimum, a rangetop, refrigerator,
microwave, and sink.
(d) Transportation Management Association (TMA) standards
All proposed nonresidential development projects which consist of multi-tenant or
multiple parcel development shall be required to establish a Transportation Management
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Association (TMA)within the conditions, covenants and restrictions(CCBLR)for the property.The
TMA provisions of the conditions,covenants, and restrictions shall include thefollowing elements:
(1) Establish TMA membership and operational procedures.
(2) Establish tenant responsibility to participate in the operation and administration of
the TMA and the implementation of TMA programs.
(3) Grant the TMA the authority to levy an assessment to finance the programs and
activities of the Association.
(4) Grant the TMA the authority to administer and implement rideshare and trip
reduction programs including but not limited to the following: _
(A) Implement carpool, buspool, and/or vanpool programs;
(B) Fund a vanpool purchase program;
(C) Provide cash allowances, passes or other public transit subsidies; l
(D) Impose parking fees or restrictions on single occupancy vehicles;
(E) Provide full or partial parking subsidies for ridesharing vehicles;
(F) Administer commuter rideshare matching service;
(G) Provide employees with guaranteed ride-home program for ridesharing;
(H) Limit service vehicle deliveries to non-peak hours;
(1) Provide on-site day care services;
Q) Pay cash bonuses for ridesharing;
(I) Provide housing including preferential financing,assistance,moving expenses;
and
(L) Assign staff responsibility for coordinating ridesharing activities.
(e) Implementation and exceptions
(1) All applicable nonresidential development projects shall demonstrate compliance
with the provisions of this section as part of the land development application review
process as follows:
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Chanter 9.3 -Zoning Districts and Standards
(A) Facility standards shall be reviewed for compliance as part of the "site plan
review" or "architectural control" application process.
(B) The establishment of a Transportation Management Association (TMA) shall be
subject to the review and approval of the Planning Director as part of the
"subdivision"or"site plan review"proces>.The approved TMA document shall
be recorded prior to the issuance any grading/building permits.
(2) The Planning Director shall have the authority to grant exceptions to the provisions of
this section based on findings that the exception is not contrary to the purpose and
intent of this section and is consistent with the provisions of the General Plan.
(f) Enforcement
To assure compliance with this section, the City may withhold the issuance of "building
permits", "certificates of use or occupancy,"and/or"business licenses"for a development
project or its tenants until all required facility improvements have been completed and/or
any necessary CC&R documents have been recorded.
(g) Definitions
For the purposes of this section,unless otherwise apparent from the context,certain words
and phrases used in this section are defined as follows:
(1) Development project means any proposed nonresidential proposal subject to a
discretionary review process including rezoning,subdivision,conditional use permit,site
plan review, or architectural control.
Section 9-3.557 Tree Preservation
(a) Purpose and intent
The purpose and intent of this section is to provide for the preservation and maintenance
of existing trees within the Ci y while permitting reasonable use and development of
properties containing such trees, as well as the reasonable trimming and maintenance of
such trees.
(b) Severe tree trimming regulations
No property owner or his or her agent in any district :in the City shall cause any tree on his
property to be severely trimmed, unless prior approval is given by the Planning Director,
upon recommendation of an arborist.
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Chapter 9.3 -Zoning Districts and Standards
(1) Suggested tree trimming standards
The primary aim of trimming is to preserve the health,beauty,and longevity of trees.
Trimming for such purpose will also make trees safer,more functional,and valuable.
Practices such as stub cuts,random branch removal,and topping(stubbing back the
entire crown) defeat the primary aim, create hazards, and drastically reduce the
monetary value of trees. Therefore, such practices shall not be employed. The
following standards identify trimming methods which will give maximum benefits to
both trees and people:
(A) Types of cuts
(i) Removal of laterals
(a) Shoulder cuts.The final cut in removing a lateral branch should be
immediately beyond the branch bark ridges,preserving the branch
collar, as shown in Figure 3-6. Do not make stub cuts (an inch or
more beyond the branch collar). Do not make flush cuts(through
the branch collar).
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Chapter 9.3 -Zoning Districts and Standards
]Lateral Branch
Final Cut
`(Remove lateral branch just beyond
the branch bark ridge,preserving the
branch collar.)
;! 3
1 �
f�
Figure 3-6
Shoulder Cut
(b) Triple cuts. For any branch too large to be held while being cut,
remove by means of the following cuts, as shown in Figure 3-7:
- (1) Undercut the branch four (4) inches to ten (10) inches
beyond the base.
(2) Cut off the branch beyond the undercut.
(3) Remove the remaining stub via a shoulder cut as described
above.
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Chapter 9.3 -Zoning Districts and Standards
First Cut Second Cut Final Cut
(4-10 inches
from Base)
r
Figure 3-7
Triple Cut
(ii) Removal of terminals (tip thinning and drop crotching)
(a) Thinning. "Lace out"the terminal portions of branches by cutting
the terminals back to the laterals as shown in Figure 3-8. (The
basal diameter of the remaining lateral should be one-third (/3)
the diameter of the terminal being removed.) Remove numerous
small terminals and laterals rather than taking out a few large ones.
City of San Juan Capistrano Land Use Code
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Chanter 9.3 -Zoning Districts and Standards
3
Figure 3-8
Thinning
(b) Size reduction. To take out portions of the crown for reducing
height, remove the terminals back to the laterals as shown in
Figure 3-9. Each lateral should be suitably situated to serve as the
new terminal, thus establishing the crown at a lower level. The
basal diameter of a lateral should be at least one-third ('/3) the
basal diameter of the terminal being removed. (Laterals smaller
than this cannot function effectively as new terminals, and the
effect is then similar to a stub cut.)
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Chapter 9.3 -Zoning Districts and Standards
e
Imo,
Figure 3-9
Size Reduction
(B) Pruning functions. Not all of the following procedures will apply to any one tree,
and two (2) or more may be performed more or less simultaneously. In most
cases,however,trimming done in the following general sequence will be more
efficient and will help avoid unnecessary trimming.
As a rule, not more than one-fourth ('/4`i of the total foliage mass should be
removed at one trimming. Exceptions are: (1) extreme thinning of heavy
crowns of brittle trees, such as lawn-groAm (irrigated)kaffirboom coral trees,
and (2) severe thinning of crowns to prevent blow-down when root pruning
is done.
(i) Remove branches as needed and redirect new growth to clear
pedestrian and vehicular traffic areas, buildings, outdoor lights, walls,
and other objects, as well as trees and shrubs.
Do not make stub cuts on branches four-inches or greater. Do not cut
terminals back to very small lateralls. Retain a screen effect as much as
possible.
City of San Juan Capistrano Land Use Code
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Chapter 9.3 -Zoning Districts and Standards
(ii) Remove dead, broken, diseased, or markedly unthrifty branches.
(iii) Remove crossing branches and those which will become crossing
branches (such as suckers, water sprouts, and branches growing
vigorously into the interior of the crown).
(iv) Remove sharp-angled branches. Remove most branches arising at
angles of less than thirty(30)degrees(Exceptions:eucalyptus and other
species which fuse at branch bases). If a narrow-angled branch needs
to be retained for the sake of form,it should be lightened and restricted
in growth to reduce the danger of wind breakage.
(v) Remove parallel branches. If two (2) branches within a foot or so of
each other run parallel for several feet along their main stems, the less
desirable one should be taken out.
(vi) Trim for balance and form
(a) To maintain the natural shape, if a tree grows in an unbalanced
manner which is atypical and unattractive, or which poses a
potential hazard (as may occur with aleppo pines, for example),
remove such branches as may need to be eliminated to restore
more typical form or to minimize the perceived hazard.
(b) To alter the natural shape, for picturesque or formal effects (for
example, espaliers, hedges, sheared specimens, or "Japanese
garden"styles),trim in a manner and frequency appropriate to the
intended effect.
(vii) Trim to reduce wind resistance. (Note:the use of dry habitat trees,such
as pinus radiata, eucalyptus species, and kaffirboom corral (erythrina
caffra), in irrigated lawns often results in shallow-rooted specimens
with excessively tall, heavily foliaged crowns. Such are susceptible to
blow-down or limb breakage in high,winds. This usually necessitates
annual thinning. It does not call fnr topping: beheading tall or dense
trees ruins their form and vitality and intensifies wind hazards in
subsequent years.) This type of thinning should be done by removing
a large number of small branches rather than a few large branches.The
end effect should maintain most of the original form, but with a lacy
openness.
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Chapter 9.3 -Zoning Districts and Standards
(2) Exceptions
The Planning Director or the Director of Public Works, subject to the approval of the
City Manager, may approve trimming trees in a manner not typical of the natural
form of the tree specie. Such approval shall be based upon a finding that the resulting
shape is necessary for the public health and safety of the tree and the community or
consistency with a project design.
(3) Penalties and remedies
The City Council hereby finds and declares that a violation of subsection (b) of this
section is a public nuisance.
(A) Abatement. In addition to any other civil remedy available, the City Council
hereby establishes the following summary abatement procedure pursuant to
state law:
(i) Notices to abate nuisances.The Enforcement Officer,upon finding that
any person has caused a violation of this subsection,and therefore a public
nuisance, shall cause a notice to be given to the violator which shall
order the violator to immediately cease and desist from further
violations of this section.
(B) Form of notices. The heading of the notice shall be "Notice to Abate Public `
Nuisance—Severe Tree Trimming."Such heading shall be capitalized and on
a form containing the following provisions:
Notice is hereby given by the City of San Juan Capistrano that you are
violating Section 9-3.557 Tree Preservation of the City's Municipal
Code by causing the severe trimming of a tree. Section 9-3.557 Tree
Preservation is attached.
You are hereby ordered to immediately cease and desist from severe
trimming of the tree(s). This condition is a public nuisance and must
be immediately abated. If this nuisance results in the destruction or ~
removal of the tree as determined by the Enforcement Officer,you are
also hereby ordered to immediately replace said tree(s) with mature
plantings of the same specie in the same location. If you do not do so
within ten(10)days,the City will cause said replacement,and the costs
of replacement,plus reasonable overhead costs, shall be assessed upon
the land,and said costs shall constitute a lien upon the land until paid.
If you have any objections to the proposed abatement order, you are
hereby notified to attend a hearing;of the Planning Commission of the
City of San Juan Capistrano to be held on , 20—,when
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Chapter 9.3 -Zoning Districts and Standards
evidence will be taken as to whether a nuisance exists, objections will
be heard to the abatement order, and a final decision will be rendered.
"Dated , 20
Enforcement Officer
(C) Public hearings and determinations. Upon 'the conducting of a public hearing,
based upon the testimony and evidence introduced at the hearing, the
Planning Commission shall determine whether the circumstances recited by
the Enforcement Officer constitute a public nuisance. Upon making a
determination that there exists a public nuisance, the Planning Commission
may order that the property owner immediately cease and desist from severe
tree trimming and/or immediately order the City abatement of the nuisance,
all such costs to be made a lien against the property upon which the trees are
located.
(D) Public hearings regarding actual costs. Follovring the City abatement of the public
nuisance,the Enforcement Officer shall present to the Planning Commission,
during a public hearing, the total costs incurred in the City abatement. The
Planning Commission shall then adopt a resolution making a finding as to the
reasonable costs incurred in the abatement. The costs of the abatement shall
constitute a special assessment against the parcel upon which the trees are
located. After the assessment is made and confirmed, it shall be a lien on the
parcel.The County Auditor-Controller shall then enter such assessment on the
County tax roll opposite the parcel of land in question.
(c) Tree removal regulations
The definitions, rules for compliance, identification of procedures, and other matters
relating to the removal of trees on public and private property are set forth in Section 9-
2.349 Tree Removal Permit.
(d) Definitions
For the purposes of this section, the following definitions shall apply:
(1) "Tree" shall mean any living woody perennial plant having a trunk diameter greater
than six (6) inches, measured at a point three 13) feet above the ground.
(2) "Severely trimmed" shall mean the cutting of the branches and/or trunk of a tree in a
manner 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
City of San Juan Capistrano Land Use Code
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Chapter 9.3 -Zoning Districts and Standards
which results in the removal of main lateral branches leaving the trunk of the tree in
a stub appearance.
(3) "Stand of trees" shall mean a cluster of trees existing of not less than four (4) trees.
Section 9-3.559 Visibility at Intersections/Driveways
(a) Intersection Visibility
On a corner lot in any district, no fence,wall,hedge,or other barrier shall be erected,placed,
planted,or allowed to grow so as(1)to materially impede vision above a height of three (3)
feet the triangular area on the parkway side of the curb, at the intersection of streets,which
is bounded by the curbs (or a line parallel to and six feet outside the traveled portion of
the roadway if there is not curb) and a line connecting,the two points on the curb twenty-
five (2 5) feet from the point of intersection of the curb tangents (see Figure 3-10),or(2)
to be in conflict with the vehicular sight distance requirements of the current edition of
the California Department of Transportation Highway Design Manual.
(b) Driveway Visibility
In any district, no fence, wall, hedge, or other barrier;shall be erected, placed, planted, or
allowed to grow so as to materially impede vision above a height of three (3) feet the
triangular area on the parkway side of the curb, located on both sides of a driveway
entrance. The triangular area is bounded on one side by: (1) the curb along the street (or
a line parallel to and six feet outside the traveled portion of the roadway if there is not curb)
from the intersection of the street and driveway for a distance of ten (10) feet; (2) on a
second side for ten (10) feet inward along the driveway edge from the intersection of the
street and driveway; and (3) the third side, a line connecting the two (see Figure 3-10).
City of San Juan Capistrano Land Use Code
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Chapter 9.3 -Zoning Districts and Standards
" 25 ft I 25 ft
4
,.,
—25
_ _ - - - . — _ _ _ — Street
Intersection
�25 ft---� 25 ft--� I I II 10 ft�l
loft loft "
25 ft � 25 ft g� Jj—
.F
ern
Figure 3-10
Intersection/Driveway Visibility Requirements
(public/private streets)
City of San Juan Capistrano Land Use Code
9-3-253 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
CHAPTER 9-4. SUBDIVISION/IMPROVEMENT
STANDARDS
Article 1. Tentative Tract Maps and Tentative Parcel Maps
9-4.101. Required
9-4.103. Tentative Parcel Maps
9-4.105. Tentative Tract Maps
9-4.107. Soil Reports
9-4.109. Vesting Tentative Maps
9-4.111. Reversions to Acreage
9-4.113 Lot Line Adjustments
9-4.115 Mergers
Article 2. Final Maps and Parcel Maps
9-4.201. General Requirements
Article 3. Design Standards and Requirements
9-4.301 Applicability of Provisions
9-4.303 Conformity with the General Plan
9-4.305. Bicycle and Equestrian Trails
9-4.307. Conformity of Boundaries with Surrounding Property
9-4.309. Drainage
9-4.311. Driveways
9-4.313. Graded Slopes
9-4.315. Irregular and Cul-de-Sac Lots
9-4.317. Monumentation
9-4.319 Parkland
9-4.321. Pedestrian Ways, Bridges, and Tunnels
9-4.323. Sanitary Sewer
9-4.325. Street Lights and Traffic Signals
9-4.327. Streets, Highways, and Alleys
- 9-4.329. Utility Undergrounding
9-4.331. Water Facilities
9-4.333. Waiver of Provisions
City of San Juan Capistrano Land Use Code
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Chapter 9.4 -Subdivision/Improvement Standards
Article 4. Improvement Plans
9-4.401 Preparation - Information Required
9-4.403 Approval
9-4.405 Fees and Bonds
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Chapter 9.4 -Subdivision/Improvement Standards
ARTICLE 1 . TENTATIVE TRACT MAPS AND TENTATIVE PARCEL
MAPS
Sec. 9-4.101 Required
A tentative tract map or tentative parcel map shall be required for all subdivisions in the City.A tentative
tract map shall not be required for a subdivision creating less than five (5)lots;however, a tentative
parcel map shall be required in such cases.
- Sec. 9-4.103 Tentative Parcel Maps
When a parcel map is required by Chapters 1 through 3 of this title or by this chapter,a tentative
parcel map shall first be filed with, and accepted by, the Planning Director. Such map shall meet all
the requirements for tentative tract maps provided by the Subdivision Map Act of the State and by the
provisions of this Land Use Code.
Sec. 9-4.105 Tentative Tract Maps
(a) A tentative tract map shall be required for all subdivisions creating five (5) or more parcels,five
(5) or more condominiums, or a community apartment project containing five (5) or more
parcels. Tentative tract maps shall be submitted and processed in accordance with the
provisions of Section 9-2.345 Subdivision Approval. A current title report and ALTA
(American Land Title Association) survey for the property to be subdivided shall be
submitted with the tentative tract map. The design, review, and processing of tentative tract
maps shall be in accordance with the Subdivision Map Act of the State and the provisions of
this Land Use Code.
(b) Tentative tract maps shall include, but not be limited tc,, the information that is set forth in
public brochures approved by the Planning Director and Director of Engineering and
Building Services,which includes the following:
(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;
City of San Juan Capistrano Land Use Code
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Chapter 9.4 -Subdivision/Improvement Standards
(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; ^4
(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 orflood hazard from a 100-year storm;
(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; -
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Chapter 9.4 -Subdivision/Improvement Standards
(2 1) A general location map;
(22) All existing major trees, landmarks, and utilities.; and
(2 3) 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.
Sec. 9-4.107 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 Gy 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.
City of San Juan Capistrano Land Use Code
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Chapter 9.4 -Subdivision/Improvement Standards
Sec. 9-4.109 Vesting Tentative Maps
(a) Purpose and basis for vesting tentative maps
Pursuant to the requirements of Government Code Section 6642 8 (Subdivision Map Act),
whenever there is required to be filed the filing of a tentative tract map or tentative parcel map
for any subdivision of land, a vesting tentative map may instead be filed in accordance with
the provisions of this section.
The effect of the vesting tentative map shall be to secure certain rights to the development
of any subdivision of land for which a development is proposed upon the filing and approval
of a vesting tentative map.
(b) Filing and processing
The vesting tentative map shall be filed in the same form, and have the same contents,
accompanying data, and reports, and shall be processed in the same manner as set forth
in Section 9-2.345 Subdivision Approval for a tentative map, except that at the time a --
vesting tentative map is filed, it shall have printed conspicuously on its face the words
"Vesting Tentative Map."
(c) Expiration
The approval or conditional approval of a vesting tentative map shall expire at the end of
the same time period and shall be subject to the same,extensions as set forth in Section 9-
2.345 Subdivision Approval for the expiration of the: approval of conditional approval or
a tentative map.
(d) Vesting on approval of vesting tentative maps
(1) The approval or conditional approval of a vesting tentative map shall confer a vested
right to proceed with development in substantial compliance with the General Plan
of the City and the subdivision and zoning regulations in effect at the time the
Department of Planning Services has determined that the tentative map application
is complete.
(2) Notwithstanding the vesting tentative map rights as set forth in this subsection, the
approval,extension,or entitlement may be made conditional or denied if any of the
following is determined:
(A) That 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 and
safety, or both; or
City of San Juan Capistrano Land Use Code _
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Chapter 9.4 -Subdivision/Improvement Standards
(B) That the condition or denial is required in order to comply with State or
Federal law.
(C) The rights referred to in this subsection shall expire if a final map is not approved
prior to the expiration of the vesting tentative map as set forth in subsection
(c) of this section.
(D) An approved or conditionally approved vesting tentative map shall not limit the
Ci y from imposing reasonable conditions on subsequent required approvals or
permits necessary for the development and authorized by the General Plan of the
Ciy and subdivision and zoning regulations in effect at the time the vesting
tentative map is approved or conditionally approved.
(e) Duration of vesting rights
If the final map is approved,the vesting rights set forth in subsection (1) of subsection (d)
or this section shall last for the following periods of time:
(1) A period of one (1)year.Where several final maps are recorded on various phases of
the project covered by a single vesting tentative map, the one (1) year period shall
begin for each phase when the final map for such phase is recorded.
(2) Such one (1) year period shall automatically be extended for any time used for
processing a completed application for a grading permit or for design or architectural
review after tentative map approval, and such processing exceeds thirty (30) days;
(3) A subdivider may apply for a one (1) year extension at any time before the one (1)
year period set forth in subsection (1) or this subsection expires. The Planning
Commission shall make a determination on the request for the extension,and if the
determination is to recommend denial, such determination shall be treated as
appealable to the City Council within fifteen (1 5) days pursuant to Section 9-2.311
Appeals.The Planning Commission shall make explicit findings establishing its basis
for denial; and
(4) If the subdivider submits a complete application for a building permit during the
periods of time specified in this subsection,the rights referred to shall continue until
the expiration of such permit or any extension of such permit.
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Chapter 9.4 -Subdivision/Improvement Standards
Sec. 9-4.111 Reversions to Acreage
(a) General requirements
All reversions to acreage shall require a tentative parcel reap and parcel map and shall conform
to all of the provisions of the Subdivision Map Act of the State and Section 9-2.329 Lot Line
Adjustments and Reversions to Acreage.
(b) Procedures
All reversions to acreage shall be reviewed by the City Council at a public hearing pursuant
to Section 9-2.335 Public Hearing Procedures. Upon approval by the City Council, the
tentative parcel map shall be approved by the City Engineer.The City Engineer shall review and
approve the parcel map for recordation with the County Recorder when all of the following
conditions are met: --
(1) The parcel map shall be in substantial conformance with the tentative parcel map.
(2) The reversion to acreage shall be in conformance with all of the provisions of the
Subdivision Map Act of the State.
(3) All easements or public rights-of-way shall have been quitclaimed or recorded with the
County Recorder. All dedications shall have been made in accordance with the
conditions of the approval of the tentative map.
(4) All other conditions of approval of the tentative map shall have been met.
(5) All fees set forth in Section 9-5.101 Fees, Deposits,and Bonds shall have been paid.
Sec. 9-4.113 Lot Line Adjustments
All 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 pursuant to Section 9-2.329 Lot Line
Adjustments and Reversions to Acreage.
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Chapter 9.4 -Subdivision/Improvement Standards
Sec. 9-4.115 Mergers
Two (2) contiguous parcels under common ownership may be merged by the recording of a
certificate of merger upon approval of the City Engineer,provided the City Engineer determines that
there are no dedications or offers of dedication required to be abandoned as a result of the
merger, that no additional dedications will be required as a result of the merger, that there are
no fees, deposits, or improvement security that would be required to be returned as a result of
the merger, and that the merger is otherwise consistent with the purposes of this chapter and
the General Plan.
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9-4-9 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
ARTICLE 2. FINAL NVIAPS AND PARCEL MAPS
Sec. 9-4.201 General Requirements
Afinal map shall be submitted for all subdivisions requiring a tentative tract map,and a parcel map shall
be submitted for all subdivisions requiring a tentative parcel map. Such maps shall be prepared by a
registered civil engineer or licensed land surveyor in accordance with the Subdivision Map Act of
the State. All lot sizes, locations, right-of-way widths, and easement widths shall be in
conformance with the General Plan and Chapters 1 through 5 of this title.All easements traversing
property being subdivided shall be indicated on the parcel map or on the final map.The recording,
document purpose of the easement, and persons or agencies to which the easement is granted shall
be indicated on the final map. Final maps shall be in substantial compliance with the approved
tentative tract map or tentative parcel map for the property being subdivided.Thefinal map and parcel
map shall be reviewed and approved by the City Engineer and City Council. The calculations for all
boundaries and evidence of the boundary closures shall be submitted to the County Recorder. —
A duplicate Mylar and disk in a digital format and seven (7) prints of the final map or parcel map
shall be submitted to the City. Parcel maps shall be based upon field survey data.
City of San Juan Capistrano Land Use Code
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Chapter 9.4 -Subdivision/Improvement Standards
ARTICLE 3. DESIGN STANDARDS AND REQUIREMENTS
Sec. 9-4.301 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.
Sec. 9-4.303 Conformity with the General Plan
All improvement plans,building plans, subdivision plans, tentative tract maps,parcel maps,final maps,
and construction shall conform to the General Plan. No plan shall be approved which is not in
conformance with the General Plan. Occupancy permits shall not be issued for structures not in
conformance with the General Plan, and public improvements shall not be accepted for the
dedication if they are not in conformance with the General Plan.
_ City of San Juan Capistrano Land Use Code
9-4-11 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
Sec. 9-4.305 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 pordand 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 pordand 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.
(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 .Maximum Grade
Easement Width
Bic�y}'cle Trails 10 feet 6%
(off-road)*
Bicycle Lanes 8 feet Match road grade
(in public roadways)
HikinglEquestrian Trails 20 feet 8% if natural surface and
(General Plan)** 5%where trail crosses
paving or is treated
Hiking/Equestrian Trails 10 feet 8% if natural surface and
(feeder)** 5%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 voider than
noted.
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Chapter!l.4 -Subdivision/Improvement Standards
(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 Cit>>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. 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.
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9-4-13 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
($) 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),folloajng, 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 conform to the
"Maintenance Standards" as per the City's adopted Equestrian/Hiking
Trail Design Manual; --
(iv) Provision within the CC&R that &es the City the right to assume
maintenance of the equestrian/hWng 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).
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9-4-14 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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.
(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.
Sec. 9-4.307 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;
City of San Juan Capistrano Land Use Code
9-4-15 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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; "-
(j) 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.
Sec. 9-4.309 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 compl:lance with the most recently adopted
NPDES (National Pollution Discharge Elimination Standards) by the City and San Diego
Regional Water Control Board.
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.
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9-4-16 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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 Ciy 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 vith NPDES and to the satisfaction of
the Ciy 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 Ciy 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 Ciy 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 Gy.
Drainage facilities outside of public rights-of-way may be required to be dedicated to the
Ciy.All closed drainage facilities outside public rights-of-way joining Ciy drainage facilities
shall be dedicated to the Ci y. Open channels collecting local surface drainage shall not be
City of San Juan Capistrano Land Use Code
9-4-17 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
dedicated to or maintained by the Ciy, except in unusual cases as determined by the Ciy
Engineer. All facilities to be dedicated to the Ciy 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.
Sec. 9-4.311 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) 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 propery 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 (2 8) 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 propery line and a driveway,except where coramon 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.
City of San Juan Capistrano Land Use Code
9-4-18 November 15, 2002
Chapter'9.4 -Subdivision/Improvement Standards
(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 (RG-4,000), 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.
Sec. 9-4.313 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 (1) 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
(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 (b) feet, but shall not exceed
City of San Juan Capistrano Land Use Code
9-4-19 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
twenty(2 0) 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 (1) 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.
f
C—
a �
1'MIN. horiz.
d c
vert. _
c 10%
horiz. H
g vert. b/2 b/2 �J —
b �e
b/2 b/2
b
a = 6'MINIMUM
b = 0.50 H, 10'MINIMUM,30'MAXIMUM,AND 28'MAXIMUM AT TERRACE -
NOTES:
a =TERRACE WIDTH
b = "X"FT.VERTICLE CURVE
c = POINT OF INTERSECTION OF SLOPE TANGENTS
d= SLOPE 2:1 OR FLATTER
e= DRAINAGE CHANNEL
f=TOP OF SLOPE
g=TOE OF SLOPE
Figure not to scale
Figure 4-1
Typical Slope Section
City of San Juan Capistrano Land Use Code —
9-4-20 November 15, 2002
Chapter').4 -Subdivision/Improvement Standards
(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('/z)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 (2 8) 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�Tade, 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.
City of San Juan Capistrano Land Use Code
9-4-21 November IS, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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.
(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 or fill 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 in&vidual
properties and dwellings are occupied or until a homeowner association accepts the
responsibility to maintain the landscaping in common areas.
Sec. 9-4.315 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-saclots.The actual minimumlot 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 establishin,,D,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
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9-4-22 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
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.
Rear Property Line
Rear Setback Area
Rear Setback Line
Side Property Line
Side.Setback Area
/ 1 Permissible
Side Setback Line / Building Area
�—Side Setback.Area
/ p
Side Property Line
/
Front Setback Line —————"• �Side Setback Line
� !
Front Setback Area
Front Property Line !
i ! Acc<ss and Ingress Portion of Lot
_.._....._.._.._.. _....._.._.._.
NOTE! BUILDING ENCROACHMENT NOT PERMITTED IN SETBACK AREA
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.
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Chapter 9.4- Subdivision/Improvement Standards
(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 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 exarnple,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
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Chapter SIA -Subdivision/Improvement Standards
(8) Where the rear property line is not readily apparent, it shall be interpreted as that
- propery 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)propery lines, or series of lines,joining the front and rear propernr lines.
(10) The Planning Director shall interpret the designat=ion of property lines where a clear and
obvious interpretation is not possible.
(b) Cul-de-sac lots
(1) Frontyard 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 hard 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 propery lines, regardless of the property shape. The
setback requirements for cul-de-sac lots are illustrated in Figure 4-3.
City of San Juan Capistrano Land Use Code
9-4-25 November IS, 2002
Chapter 9.4 -Subdivision/Improvement Standards
1
:1
�1
Structure j
:1
�1 I
1 Front Setback
� ) Chord line(min.670/6 of lot width)
1 Central angle of arc describing
1 / front property line
Figure 4-3
Cul-de-Sac Lot Setbacks
Sec. 9-4.317 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 v✓ith the approximate elevation of the
top of each such monument with respect to the surface of the ground.
City of San Juan Capistrano Land Use Code
9-4-26 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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 '/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.
City of San Juan Capistrano Land Use Code
9-4-27 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
Sec. 9-4.319 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 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 Ci y shall be devoted to local
park purposes.
City of San Juan Capistrano Land Use Code
9-4-28 November 15, 2002
Chapter.9.4 -Subdivision/Improvement Standards
(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 (5 0)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.
City of San Juan Capistrano Land Use Code
9-4-29 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(f) Dedication of land and payment of fees
In subdivisions of fifty (50) or more lots,the Ciy 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
subdivisions park obligations computed in accordance with subsection (c) of this section.
(g) Choice of dedication of land or payment of fees
(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 Ciy
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 Ciy prior
to the approval of the final map. Open space covenants for private park or
recreational facilities shall be submitted tD the Ciy prior to the approval of the
final map and shall be recorded contemporaneously with the final map.
(2) Determinations. Whether the Ciy accepts the dedication of land, elects to require
the payment of afee 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.
City of San Juan Capistrano Land Use Code
9-4-30 November 15,2002
Chapter 9.4 -Subdivision/Improvement Standards
(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 (5 0) 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.
U) 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
recreational land to serve the residents of the subdivision" for which park fees have been
paid or land dedicated.Therefore,pursuant to such requirement,anyfees collected pursuant
City of San Juan Capistrano Land Use Code
9-4-31 November 15, 2002
Cihapter 9.4 -Subdivision/Improvement Standards
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 (t/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,
Sec. 9-4.321 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 (:iy 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.
City of San Juan Capistrano Land Use Code -
9-4-32 November 15, 2002
Chapter 9.4-Subdivision/Improvement Standards
Sec. 9-4.323 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 ('/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 shall be determined from Table 4-3. Peak flows shall be determined by the formula
shown on Figure 4-4.
City of San Juan Capistrano Land Use Code
9-4-33 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
0.89 -
QP = 2.4 Q AVE
10
9
8
7
6
5
3
2 --
1.0
9
8
7
V/ 6 IZ
w 5
U --
i 4
3
0
a 2
w
W .i
p+ 9
8
7
6
5
4
3
2
.01 2 3 4 5 6 7 8 9.1 2 3 4 5 6 7 8 9 1.0 2 3 4 5 6 7 8 910
AVERAGE FLOW - CFS
Figure 4-4
Peak to Average Relationship
for Sewage Design Flows
City of San Juan Capistrano Land Use Code
9-4-34 November 15, 2002
Chapter 9.4 - Subdivisionllmprovement Standards
Table 4-2
Average Sewerage Flows - Specific Land Use Types
Type of and Use Flow
(Gallons per Day/Unit)
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 3
Indoor,per seat
Outdoor,per seat 3
Service Stations
Per vehicle served 7
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
City of San,Juan Capistrano Land Use Code
9-4-35 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
Table 4-2
Average Sewerage Flows - Specific Land Use Types _-
Type of and Use Flow
(Gallons per Day/Unit)
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 3
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,per toilet 10
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
Type of Land Use Flow
(Gallons per Day/Acre
Institutional 1,960
Recreational 790
Parks 790
Commercial 2,490
Low-Density Residential 660
Medium-Density Residential 1,320
High-Density Residential 5,500
City of San Juan Capistrano Land Use Code
9-4-36 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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 0.00410
-- 10 0.0032
12 0.00 :4
15 0.0016
18 0.0014
- 21 0.0012
24 0.0010
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
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.
City of San Juan Capistrano Land Use Code
9-4-37 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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
Gy Engineer and shall be no smaller than six (6) inches in internal diameter. Permission
for private sanitary sewers shall be granted by the Gy 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 Gy 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 Ciy 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 systems
Private sanitation systems may be permitted by the Cite 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 Coun y 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.
City of San Juan Capistrano Land Use Code
9-4-38 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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.
Sec. 9-4.325 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.
Clty of San Juan Capistrano Land Use Code
9-4-39 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(c) Traffic signals
At intersections requiring signalization or future s:ignalization, 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.
Sec. 9-4.327 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 Ciiy 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 dedia2tion,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 Land Use (.ode and the General Plan in order to
provide for future City acceptance of the offered dedication.
Ci+y of San Juan Capistrano Land Use Code _
9-4-40 November 15, 2002
Chapter'9.4 -Subdivision/Improvement Standards
(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 Ci y 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.Areimbursement
agreement for such improvements may be provided by the Ci y. Conversely, a developer
may be required to payfees in reimbursement forimprovements previously constructed.
If the City requires the construction and dedication of facilities prescribed in the
General Plan, a reimbursement agreement my 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 Ci y 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 9.3-5 59 Visibility
at Intersections/Driveways. Private streets shall not be maintained by the Ci y. Where
private streets are permitted, verification of the intention and ability to assume the
maintenance thereof shall be provided to the Ci y Engineer in the form of legal documents
fixing such responsibility.
City of San Juan Capistrano Land Use Code
9-4-41 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
10'
5' S'
'oO,°0 oq a '°R• .'y.oro..:..•,�'ti° e� °
Concrete sidewalk
RESIDENTIAL SIDEWALK
*10 R/W
'Q Concrete sidewalk
COMMERCIAL SIDEWALK
(Both sides)
(5' R/W —
6' 9'
Measured from curb face
°Q,.J' �'A'�,•'G A.C. or concrete
Parkway bikeway
PEDESTRIAN WAY/BIKE TRAIL
(One side only;standard sidewalk may be required on other side)
*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.
S.All bikeways shall include stop bar and sign at all commercial driveway intersections.
Figure 4-5
Sidewalk and Bikeway
Parkway Facilities
City of San Juan Capistrano Land Use Code
9-4-42 November 15, 2002
Chapter!I.4 -Subdivision/Improvement Standards
20' R/'
All parkway facilities
exclusive of general plan
Measured from curb face equestrian trails shall be
contained within the 20'
\ \ scenic highway parkway
5'concret:e meandering
sidewalk (both sides)
SCENIC HIGHWAY PARKWAY
35'
20'
� .
Measured from curb face
` l
e`= Sidewalk may Natural soil equestrian trail
be required (one side)
SCENIC HIGHWAY
AND GENERAL PLAN EQUESTRIAN TRAIL
25' R/W
5' 20'
Fence
n.
Measured from curb face mandatory `J
ad'acentto
Concrete sidewalk `DE:COm Decomposed granite or
mo>c (A.C.on streets with alternatt�e as a roved b
rural designations) the City Engineer y
SIDEWALK AND GENERAL PLAN EQUESTRIAN TRAIL
is'
S' 10'
* Sidewalk both sides,
equestrian trail one
Measured from curb face side only.Fence
mandatozadjacent
lt�
Concrete sidewalk —Na.tural soil equestrian trail
(A.C.on streets with 9
rural designations)
SIDEWALK AND FEEDER EQUESTRIAN TRAIL
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.
*Equestrian fence mandatory if boundary fence not present.
Figure 4-6
Equestrian Trail and Scenic
Highway Part.-way Facilities
City of San Juan Capistrano Land Use Code
9-4-45 November 15, 1002
Chapter 9.4 - Subdivision/Improvement Standards
101
5' st
Measured from curb face
Sidewalk Required
Adjacent to
Residential Units
-7
IN
2 to I slope
Beginvertical
curve N,
RESIDENTIAL SIDEWALK
of lVW
7
2 to I slope
ZBegin vertical
curve
NO SIDEWALK
10,
fence Begin vertical
curve
2 to I slope
Decomposed granite or
alternative as apprved
by City Engineer
EQUESTRIAN TRAIL
(one side or both)
Figure 4-7
Hillside Parkway Facilities
City of San Juan Capistrano Land Use Code
9-4-44 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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 ;tor 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.
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.
Table 4-5
Required Local Access Street Sections
(Non-Arterial)
Average Lot Size;of Dwelling Units Served
Number of Dwelling Units Townhouse <5,000 sf 5,000- 10,000 - 20,000 1-2 >2
Served or Multi- 10,000:3f 20,000 sf sf-1 acres acres
family acre
I Driveway
12 or less Way or Local Way or Way or Way or Way, Way, Way,
Local Local Local Local or Local or Local or
Local Local Local
Rural Rural Rural
12-24 on cul-de-sac Way or Local Way or Way or Way or Way, Way, Way,
24-48 on through street Local Local Local Local, Local, or Local, or
24-48 on cul-de-sac Local Local Local Local or Local Local Local
48-96 on through street Rural Rural Rural
48-60 on cul-de-sac Local Local Local Local Local Local Local
60 or more on through street
,S cul-de-sac is a closed street with no outlet. A through street is a street that has a connection to another street{connection
t:ncludes emergency access roadways).
City of San Juan Capistrano Land Use Code
9-4-45 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
12'Min.
DRIVEWAY
(Private only)
56'
15' 26' 15'
WAY
Rolled curb and gutter (Public or private)
56'
10' 36' 10'
LOCAL STREET
Sidewalk and parkway design STD.curb and gutter
to be determined during (Public or private)
development review
56'
10' 36' 10'
8, 874
Sidewalk and parkway design LOCAL RURAL STREET
to be determined during I (Public or private) 7ft' Rolled curb and gutter
development review
*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. Adjustments may he made in the right-of-way in accordance with Section 9-4.529(e)and(f).
Figure 4-8
Standard Residential and Other
Local Access Street Sections
City of San Juan Capistrano Land Use Code
9-4-46 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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
(3) Primary or Primary Rural Arterial Highways, 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 districts 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
review. Such alleys shall be private. Verification of the ability and intention to maintain
private alleys shall be provided to the City Engineer in. the form of legal documents fixing
such responsibility.
(i) Standard road sections
Figures 4-5 through 4-11 are the standard road and parkway sections required as set forth
in this section.Such road sections shall be required for all new development,unless the City,
after finding special circumstances, approves modified or alternate road sections. The
sections shown may be required to be expanded near intersections to provide width for
deceleration lanes, left turn pockets, and other intersection facilities.
_ City of San Juan Capistrano Land Use Code
9-4-47 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
52' 52'
10' 3 5' 14' 35' 10'
STD.curb and gutter
PRIMARY ARTERIAL
Median may be raised or painted
50' so,
11' 8' 24' 14' 24' 8' 11'
2 1 PRIMARY RURAL ARTERIAL 1 2
DETAIL NOTES:
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., equestrain trails). Refer to Figures 4-6 through 4-8.
Figure 4-9
Standard Primary
Highway Sections
City of San Juan Capistrano Land Use Code
9-4-48 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
42' 42'
10` 32' 32' 10'
64'curb to curb
SECONDARY ARTERIAL
STD.curb and gutter
40' 40
8' 8' 24' 24' 8' 8'
1 SECONDARY RURAL ARTERIAL 1 2
DETAIL NOTES:
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., equestrain trails). Refer to Figures 4-6.through 4-8.
Figure 4-10
Standard Secondary
Highway Sections
City of San Juan Capistrano Land Use Code
9-4-49 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
30' 30'
12' 18' ;l8 12' �
3 6' Curb to Curb
LOCAL ARTERIAL STD. curb and gutter
30' 30'
10' 8' 12' 12' 8' 10'
2 1 1 2
LOCAL RURAL ARTERIAL
DETAIL NOTES:
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., equestrain trails). Refer to Figure 4-6 through 4-8.
Figure 4-11
Standards Local Arterial
Highway Sections —
City of San Juan Capistrano Land Use Code
9-4-50 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
Sec. 9-4.329 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.
Sec. 9-4.331 Water Facilities
(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 property 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.
City of San Juan Capistrano Land Use Code
9-4-51 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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
Coun y Health Care Agency shall be available.
City of San Juan Capistrano Land Use Code
9-4-S2 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(f) Private water systems
No private water system shall be permitted.
(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, orfilling 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,
City of San Juan Capistrano Land Use Code
9-4-53 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
the charges for such service shall be against the owner of the property on
which such well or cistern is located.
Sec. 9-4.333 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. ,kny 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. -
City of San Juan Capistrano Land Use Code
9-4-54 November 15, 2002 v
Chapter 9.4 -Subdivision/Improvement Standards
ARTICLE 4. IMPROVEMENT PLANS
Sec. 9-4.401 Preparation - Information Required
Improvement plans shall be prepared and signed by a civil engineer registered in the State and shall
contain the follo,ving information in a form as approved by the City Engineer:
(a) The north arrow with a scale of twenty(2 0)feet,thirty(3 0) feet, or forty(40) feet to the
inch indicated;
(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 Ciy, 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 only for 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;
0) 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;
_ City of San Juan Capistrano Land Use Code
9-4-55 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
(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 Ciy Engineer and the Ci y;
(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 Ciy;
(s) General notes for sewer construction as required by the project and the Ciy;
(t) General notes for storm drain construction as required by the project and the Ci y; and
(u) The additional details, data, or information required by the Ciy Engineer.
Sec. 9-4.403 Approval
Improvement plans shall be submitted to the Ciy at the time the fees are paid for plan checking.The
plans shall be approved by the Ciy 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 necessaryfees 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 Ciy Engineer,
the necessary permits may be acquired from the appropriate: agencies.
City of San Juan Capistrano Land Use Code
9-4-56 November 15, 2002
Chapter 9.4 -Subdivision/Improvement Standards
Section 9-4.405 Fees and Bonds
Fees and bonds shall be collected for private improvement projects in accordance with Section
9-5.109 Private Improvement Fees and Bonds.
City of San Juan Capistrano Land Use Code
9-4-57 November IS, 2002
Chapter 9.5 - Fees, Deposits, and Bonds
CHAPTER 9-5. FEES, DEPOSITS, AND BONDS
9-5.101. Fees, Deposits, and Bonds
- 9-5.103. Housing In-lieu Fee
9-5.105. Major Thoroughfare and Bridge Fee
9-5.107. Parkland In-lieu Fee
9-5.109. Private Improvement Fees and Bonds
9-5.111. Sand, Gravel, and Mineral Extraction Fees and Bonds
9-5.113. Temporary Caretaker Residences Deposit
9-5.115. Water Fees and Bonds
City of San Juan Capistrano Land Use Code
9-5-1 November IS, 2002
Chapter 9.5 - Fees, Deposits, and Bonds
Sec. 9-5.101 Fees, Deposits, and Bonds
(a) Fees - Required
(1) Each applicant shall pay application fees for the following concurrently with the filing
of each such application:
(A) Tentative tract maps and tentative parcel maps;
(B) Construction plans, building plans, building improvements and additions;
(C) Final maps, parcel maps, lot line adjustments, easement modifications, license
agreements, and records of survey,
(D) Architectural control review;
(E) The preparation of environmental impact reports,traffic studies,initial studies,and
other required special studies;
(F) Zone changes;
(G) Conditional use permits;
(H) Variances;
(I) Signs;
Q) Appeals;
(K) General Plan amendments;
(L) Tree removals; -
(M) Administrative approvals;
(N) Sand and gravel extractions; and
(0) Residential growth management approval (residential concept plans).
(2) In addition, each developer of any application set forth in paragraph (1) of this
subsection, shall pay, if applicable:
(A) Map and plan checking fees at time of filing map for plan check; -
City of San Juan Capistrano Land Use Code
9-5-2 November 15, 2002
Chapter 9.5 -Fees, Deposits, and Bonds
(B) Inspection fees prior to approval of plans by City Engineer;
(C) Sewer capacity fees shall be paid prior to issuance of building permit;
(D) Drainage fees prior to approval of final nap, or if map not required prior to
issuance of building permit;
(E) Park and recreation fees prior to approval of final map, as specified in Section
9-5.107 Parkland In-Lieu Fee;
(F) Agricultural preservation fees prior to issuance of building permit;
(G) Construction taxes,as specified in Title 3 of this Municipal Code - e.g.,taxes
for municipal services and agricultural preservation, prior to issuance of
building permits;
(H) System development taxes,as specified in Title 3 of this Municipal Code,prior
to issuance of building permits;
(1) Major thoroughfare and bridge fee program prior to issuance of building
permits,as specified in Section 9-5.105 Major Thoroughfare and Bridge Fee;
and
0) Housing in-lieu fees prior to the issuance of a building permit, as specified in
Section 9-5.103 Housing In-Lieu Fee.
(b) Fees - Establishment
The City Council,from time to time, shall establish the amount of the fees authorized by the
provisions of this section by ordinance and/or resolution and, as a part of such ordinance
or resolution,may include specific administrative guidelines for the collection of such fees.
(c) Fees - Payment
Unless specifically waived or deferred by the City Council, all of the fees authorized by the
provisions of this section shall be paid prior to the granting of any approval,the issuance of
any permit, or the taking of any other action requiring the payment of such fees.
(d) Fees required by other agencies
The fees required by an outside agency shall be paid in accordance with the regulations of
such agency.
City of San Juan Capistrano Land Use Code
9-5-3 November 15, 2002
Chapter 9.5 - Fees, Deposits, and Bonds
(e) Deposits
Any person making an application for a street cut, the construction of a swimming pool, or
the construction of a temporary caretaker residence, erosion control, or any other improvement
requiring a deposit shall be required to make a security deposit pursuant to the terms and
conditions established by the City Council by resolution.
(f) Bonds
The following bonds shall be required,where applicable:
(1) Performance bonds;
(2) Labor and materials bonds;
(3) Monumentation bonds; _
(4) Development obligation bonds;
(5) Maintenance warranty bond;
(6) Grading bond; and
(7) Landscape bond.
(g) Surety devices in-lieu of bonds
The City may require a letter of credit, cash bond, or certificate of deposit on forms
approved by the City Attorney.
Sec. 9-5.103 Housing In-Lieu Fee -
(a) Purpose and intent
Purpose and intent of the in-lieu affordable housing fees provisions in this section is to
achieve the following: ^
(1) To create a housing fund to facilitate the development of residential housing
opportunities for low, very low, and moderate income households within the City of San
Juan Capistrano; and
(2) To create an affordable housing fund as an annually renewable source of revenue to
City of San Juan Capistrano Land Use Code
9-5-4 November 15, 2002
Chapter 9.5 - Fees, Deposits, and Bonds
assist in implementing The Hope Plan (Housing Opportunities Program
Empowerment Plan) as adopted by City Council on February 21, 1995 which
implements the City's General Plan Housing Element; and
(3) To preserve and maintain renter and ownership housing units which are affordable
to very low, low, and moderate income households located within the Ciy; and
(4) To foster and encourage the private sector to join the Ciy and the nonprofit sectors
to further the goals of this Land Use Code.
(b) In-lieu affordable housing fee policies
City policies aimed at achieving the preceding in-lieu affordable housing fee goals shall be
forlots or units established subsequent to September 1995 (Ordinance No.767),and shall
apply to all new residential developments of two (2) or more units. These developments
shall be required to dedicatefees to promote the construction and/or assistance of affordable
housing projects within all zone districts.
(c) In-lieu affordable housing fee description
(1) Housing fee requirement. The payment of said. in-lieu affordable housing fee shall
be required as a condition of issuance of a building permit. Except as provided
elsewhere in this Land Use Code, no building permit shall be issued for construction
of, or any additions, alterations or removal which creates an additional residential
unit,and/or residential development project, subject to this Land Use Code unless and
until the fee provided for in this section is paid to the City.
(2) Computation of fee requirement. The amount of the in-lieu affordable housing fee
shall be computed as follows:
One percent of valuation as determined under the City of San Juan Capistrano
Municipal Code Section 8-1.05.
(3) Disbursement of fees. Prior to the disbursement of collected funds, and every five
(5) years thereafter, the City Council shall adopt a Five-Year Funding Program with
the following information:
(A) The amount of funding budgeted for loans or grants to recipients of approved
programs; and
(B) Consistency with the City General Plan Housing Element.
City of San Juan Capistrano Land Use Code
9-5-5 November 15, 2002
Chapter 9.5 - Fees, Deposits, and Bonds
(d) Regulations pertaining to the disbursement of fees collected
(1) Funds collected shall be used solely for programs and administrative support
outlined by the City Council in The HOPE Plan to meet the housing needs of veylow,
low, and moderate income households. These programs shall include those providing
assistance through production, acquisition, rehabilitation and preservation of
affordable housing units for moderate,low, and very low income households.
(2) Funds may be used in any manner, through loans,grants, or indirect assistance for
the production and maintenance of affordable housing. _
(3) Funds used for the operation of supporting services such as child care or social
services must meet the following criteria:
(A) Funds are used in connection with transitional housing or in neighborhoods
where the number of units create the need for supportive services;
(B) The recipient demonstrates to the Gy that other funds are not available; or
(C) No more than twenty-five (25) percent of the loan, grant or assistance is
designated for such services.
(4) Whenever funds are disbursed, the City Council shall determine the terms and
conditions which shall be attached to the grant or loan.
(e) Regulations pertaining to recipients of in-lieu affordable housing funds
(1) Every recipient of in-lieu housing fee funding shall enter into a written agreement
with the Ciy which sets forth the terms and conditions of the funding(e.g.,grant or
loan). The agreement shall contain the following provisions:
(A) The amount of funds to be disbursed; --
(B) The manner in which the funds are to be used;
(C) The terms and conditions of the grant or loan;
(D) The projected maximum rent to be charged to maintain an affordable housing
cost (if rental);
(E) A requirement for annual financial reports to be provided to the Director of
Administrative Services; and
(F) Restrictions on the return on equity and developers fee recipients may receive,
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9-5-6 November 15, 2002
Chapter 9.5 -Fees, Deposits, and Bonds
where applicable.
(f) Financial management of in-lieu fees collected
The City's Director of Administrative Services shall maintain a separate in-lieu housing fees
account which details all programs and any required related subsidiary funds and transfer
the balance on deposit from such funds on an annual basis with a report prepared for City
Council review.
(g) Applicability of fee requirement
(1) This section shall apply to subdivision projects that are proposing the construction,
addition, or interior remodeling of any residential project involving two (2) or more
units.
(2) This section shall not apply to projects which fall within one (1) or more of the
following categories:
(A) Projects which are already the subject of a development agreement currently
in effect with the City, or of a disposition agreement, owner participation
agreement, or memoranda of understanding with the San Juan Capistrano
Community Redevelopment Agency, approved prior to the effective date of
this section, and where such agreements or memoranda: (1) limit the
_ application of fees in a manner which specifically precludes the fees which
would otherwise be imposed by this section, or (2) provide alternative means
of addressing the project contribution to very low and low income housing
need,which means are quantitatively comparative to the fees herein;
(B) Single room occupancy developments;
(C) Residential additions which does not exceed more than fifty (50) percent of
the existing square footage of the subject building that do not create an
additional dwelling unit;
(D) That portion of any development project located on property owned by the State
of California, the United States of America or any of its agencies, with the
exception of such property not used exclusively for state governmental or state
educational purposes;
(E) Any development project which has received a vested right to proceed without
payment of housing impact fees pursuant to State Law,
(F) Any construction which is for any general government purposes;
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Chapter 9.5 -Fees, Deposits, and Bonds
(G) Qualified residential housing which provide housing units consistent with the
provisions of this chapter; or
(H) Relocation of existing historically significant structures to secondary locations
within the City.
Sec. 9-5.105 Major Thoroughfare and Bridge Fee _
(a) Prior to issuance of a building permit, the developer shall pay a fee as hereinafter
established to defray the costs of constructing bridges over waterways, railways, freeways
and canyons, or constructing major thoroughfares.
(b) Definitions
(1) The term "construction" as used in this section includes preliminary studies, design,
acquisition of right-of--way, administration of construction contracts, and actual
construction.
(2) The term "major thoroughfare" means those roads designated as transportation
corridors and major,primary,secondary,or commuter highways on the Master Plan
of Arterials Highways, the Circulation Element of the General Plan. The primary
purpose of such roads is to carry through traffic and provide a network connecting
to the state highways system. -
(3) "Bridge facilities" means those locations identified in the transportation or flood
control provisions of the Circulation Element or other element of the General Plan
as requiring a bridge to span a waterway, a railway, a freeway, or a canyon.
(4) "Area of benefit"means a specific area wherein it has been determined that the real
property located therein will benefit from the construction of a major thoroughfare
or bridge project.
(c) The provisions herein for payment of a fee shall apply only if the major thoroughfare or
bridge facility has been included in an element of the City's General Plan or the General Plan
of the County of Orange adopted at least thirty (30) days prior to the application for a
building permit and on land located within the boundaries of the area of benefit.
(d) Payment of fees shall not be required unless any major thoroughfares are in addition to,or
a widening or reconstruction of, any existing major thoroughfares serving the area at the _
time of the adoption of the boundaries of the area cf benefit.
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Chapter 9.5 -Fees, Deposits, and Bonds
(e) Payment of fees shall not be required unless any planned bridge facility is a new bridge
serving the area or an addition to an existing bridge facility serving the area at the time of
the adoption of the boundaries of the area of benefit.
(f) Action to establish an area of benefit may be initiated by the City Council upon its own
motion or upon the recommendation of the Director of Engineering and Building Services.
The City Council shall set a public hearing for each proposed area benefitted. Notice of the
time and place of said hearing,including preliminary information related to the boundaries
of the area of benefit,estimated costs and the method of fee apportionment shall be given
in accordance with Section 9-2.311 Appeals.
(g) (1) At the public hearing the Ciy Council will consider the testimony,written protests,
and other evidence. At the conclusion of the public hearing the City Council may,
unless a majority written protest isfiled and not withdrawn as specified in paragraph
(3) of this subsection (g), determine to establish an area of benefit. If established,
the Ciy Council shall adopt a resolution describing the boundaries of the area of
benefit, setting forth the cost,whether actual or estimated, and the method of fee
apportionment. A certified copy of such resolution shall be recorded by the City
Clerk with the Orange County Recorder's Office.
(2) Such apportioned fees shall be applicable to all property within the area of benefit
and shall be payable as a condition of issuing a building permit for such property or
portions thereof. Where the area of benefit includes lands not subject to the
payment of fees pursuant to this section, the Gy Council shall make provisions for
payment for the share of improvement cost apportioned to such lands from other
sources.
(3) Written protests shall be received by the City Clerk at any time prior to the close of
the public hearing. If written protests are filed by the owners of more than one-half
('/2) of the area of the property to be benefitted by the improvement, the sufficient
protests are not withdrawn so as to reduce the area represented by the protests to
less than one-half('/2) of the area to be benefitted, then the proposed proceedings
shall be abandoned,and the City Council shall not,for one year from the filing of said
written protests, commence or carry on any proceedings for the same improvement
under the provisions of this section. Any protests may be withdrawn by the owner
making the same, in writing, at any time prior to the close of the public hearing.
(4) If any majority protest is directed against only a portion of the improvement, then all
further proceedings under the provisions of this section to construct that portion of
the improvement so protested against shall be barred for a period of one year,but the
Ciy Council shall not be barred from commencing new proceedings not including any
part of the improvement so protested against. Such proceedings shall be commenced
by a new notice and public hearing as set forth.in subsection (f) of this section.
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9-5-9 November 15, 2002
Chapter 9.5 -Fees, Deposits, and Bonds
(5) Nothing in this section shall prohibit the City Council, within such one-year period,
from commencing and carrying on new proceedings for the construction of an
improvement or portion of the improvements so protested against if it finds, by the
affirmative vote of four-fifths (4/5) of its mennbers, that the owners of more than
one-half ('/2) of the area of the property to be benefitted are in favor of going
forward with such improvement or portion thereof.
(h) Fees paid pursuant to this section shall be deposited ;in a planned bridge facility or major
thoroughfare fund. A fund shall be established for each planned bridge facility project or
each planned major thoroughfare project. If the area of benefit is one in which more than
one bridge or major thoroughfare is required to be constructed, a separate fund may be
established covering all of the bridge projects or major thoroughfares in the area of benefit.
If the area of benefit encompasses one or more bridges and one or more thoroughfares
and all lands within the area of benefit are subject to the same proportionate fee for all
bridges and thoroughfares, a single fund may be established to account for fees paid.
Moneys in such funds shall be expended solely for the construction or reimbursement for
construction of the improvements serving the area to be benefitted and from which the fees
comprising the fund were collected,or to reimburse the Ciy for the costs of constructing
the improvement.
(i) The Ciy Council may approve the acceptance of improvements in-lieu of the payment of fees
established herein.
(j) The Ciy Council may approve the advancement of money from the City's General Fund or —
Road Fund to pay the costs of constructing the improvements covered herein and may
reimburse the Ci y's General Fund or Road Fund for such advances from planned bridge
facility or major thoroughfare funds established pursuant to this section.
(k) If the building permit applicant, as a condition of the issuance of the building permit, is
required or desires to construct a bridge or major thoroughfare,the Ciy Council may enter
into a reimbursement agreement with the applicant. Such agreement may provide for payments
to the applicant from the bridge facility or major thoroughfare fund covering that specific
project to reimburse the applicant for costs not allocated to the applicant's property in the
resolution establishing the area of benefit.If the bridge or major thoroughfare fund covers
more than one project, reimbursement shall be made on a pro-rata basis reflecting the
actual or estimated costs of the projects covered by the fund.
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9-5-10 November 15, 2002
Chapter 9.5 - Fees, Deposits, and Bonds
Sec. 9-5.107 Parkland In-Lieu Fee
Where a fee is required to be paid in-lieu of the dedication of land, the amount of such fee shall
be based upon the average estimated fair market value for suitable park land in the City. Such
average estimated fair market value shall be set by resolution of the City Council and it may be
adjusted by the City Council to keep current with property appreciation.
Sec. 9-5.109 Private Improvement Fees and Bonds
The City Engineer shall collect fees and require bonds for private improvements as follows:
(a) Fees
Plan-checking fees and inspection fees shall be paid prior to the approval of plans. The
amount of the fees shall be determined in the same manner as set forth for public
improvements and as authorized by Section 9-5.101 Fees, Deposits, and Bonds and the
_. resolution therein authorized and establishing the amount of fees.
(b) Bonds
A performance bond or surety device acceptable to the City Engineer shall be given to the City
prior to the approval of plans.The amount of the bond or surety device shall be equal to the
estimated construction costs of the private improvement subject to the City plan review
and inspection as determined by the City Engineer.
Such bond or surety device shall be held by the Ci y until the formal approval of the
improvements by the City and written acceptance of the improvements is received from the
persons or organizations responsible for the maintenance of the private improvements
subject to City plan review and inspection.
The City Engineer shall insure that bonds are not required by the EMA for private
improvements for which the City has required such performance bond or surety device.
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Chapter 9.5 - Fees, Deposits, and Bonds
Sec. 9-5.111 Sand, Gravel, and Mineral Extraction Fees and Bonds
(a) Permit fees
(1) Plan-checking and processing fees.With the submission of an application for a permit
or whenever new plans are required to be submitted for review by the Department
of Building and Engineering Services, a plan-checking and processing fee set by Ciy
Council resolution. T
(2) Permit and inspection fees. An annual fee in t]-ie amount set forth in this subsection
shall be submitted to the Department of Building and Engineering Services on or
before July 1 of each year to cover the costs of inspection for the subsequent fiscal
year, except that the initial fee shall be prorated on the basis of the portion of the --
fiscal year remaining, with a minimum fee of $100.00. The annual permit and
inspection fee shall be computed on the basis of the previous year's production from
the site which the permit shall cover.
(b) Conditional use permits, fees, and taxes
All uses pertaining to the mining, quarrying, or commercial extraction of sand, gravel, rock,
aggregate,clay,or similar materials on private property in the City shall require a conditional
use permit. In addition:
(1) A fee shall be paid for a mineral extraction permit at the time of the initial
construction.
(2) Business license taxes shall be paid as levied annually.
(3) Mining taxes shall be paid and shall require a written statement setting forth the total
amount of material extracted,regardless of whether or not all the material is usable,
during the previous quarter of extraction.
The fees and taxes required by this section shall be set by the Ciy Council by resolution. Such
fees may be changed, amended, or deleted at any time by the City Council.
(c) Bonds
A corporate surety bond in the following form and arnounts shall be submitted by each
applicant for a permit to perform any mining, quarrying, or commercial extraction of sand,
gravel, rock, aggregate, clay, or similar materials on private property in the City:
(1) Every bond shall be executed by the operator :For the faithful performance of the
work to be undertaken and by a corporate surety insurer authorized to do business
City of San Juan Capistrano Land Use Code
9-5-12 November 15, 2002 _
Chapter 9.5 -Fees, Deposits, and Bonds
in the State as surety or, in-lieu thereof, a written agreement for such faithful
performance, accompanied by a deposit in cash or such other financial security as
shall be approved by the Director of Engineering and Building Services and City
Attorney, may be executed.
(2) Every bond shall be in a form approved by the: City Attorney.
(3) Every bond or agreement in-lieu thereof shall be so conditioned that the operator
shall faithfully comply with all the provisions of Section 9-3.539 Sand, Gravel, and
Mineral Extraction until the site is properly abandoned in conformity with the
provisions of Section 9-3.539 Sand, Gravel, and Mineral Extraction.
(4) The bond or agreement in-lieu thereof shall secure the City against all costs,charges,
and expenses caused by the failure of the principal to fully comply with the
provisions of this chapter.
(5) Whenever the Director of Engineering and Building Services shall find that a default
has occurred in the performance of any requirement of Section 9-3539 Sand,
Gravel, and Mineral Extraction, written notice, as provided in Section 9-3.539
Sand, Gravel, and Mineral Extraction, shall be given to the principal and surety on
the bond or depositor, as the case may be. Such notice shall specify the default and
demand correction within thirty (30) days, or such longer time as the Director of
Engineering and Building Services may allow, on penalty of the forfeiture of the
reasonable costs of making the necessary corrections by the City. The Director of
Engineering and Building Services shall proceed by such method as he or she deems
convenient to cause the required work to be performed and completed.
(6) Any bond issued in compliance with the provisions of this section shall be exonerated
and the surety relieved of all obligations thereunder when the Director of
Engineering and Building Services certifies that the site has been abandoned in
conformity with all the provisions of Section 9-3.539 Sand, Gravel, and Mineral
Extraction.
(7) A substitute bond may be filed in-lieu of any bond on file pursuant to the provisions
of this section,and the Director of Engineering and Building Services shall accept and
file such bond if it is qualified and in proper form and substance, and the bond for
which it is substituted shall be exonerated, but:only if the Director of Engineering
and Building Services finds that no default exists as to performance upon which the
bond is conditioned to the date of substitution.
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Chapter 9.5 - Fees, Deposits, and Bonds
Sec. 9-5.113 Temporary Caretaker Residences Deposit
In order to assure compliance with the requirements of Section 9-3.553 Temporary Lases and
Structures,a cash deposit or other form of surety shall be deposited with the City for the period
a temporary caretaker residence is to be located on a property. The surety shall be in an amount -
established by the Planning Director which covers the total estimated cost of removing the
temporary caretakers residence and storing the same for a period of at least thirty (30) days. The
surety shall be accompanied by a written authorization from the property owner which allows _
the City to enter the property and remove the temporary caretaker residence if all the requirements
for its placement and use are not met.
Sec. 9-5.115 Water Fees and Bonds -
Water fees and bonds shall be required as established by resolution.
City of San Juan Capistrano Land Use Code
9-5-14 November 15, 2002
APPENDIX A
DEFINITIONS
s
_ Appendix A - Definitions
APPENDIX A. DEFINITIONS
For the purposes of the Land Use Code, adopted by the CibT Council of the City of San Juan
-- Capistrano as Ordinance No. 869, certain items are hereby defined. Words used in the present tense
shall include the past and future tense, and vice versa; words in the singular form 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.
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.
—A—
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.
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 a
building site, such as permanent caretaker residences, secondary units, and home business.
Adjacent: Two or more lots or parcels of land sharing a common boundary line, 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
arid/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings,
sculptures,motion pictures,videos, slides, films,or other written, oral or visual representations which
City of San Juan Capistrano Land Use Code
9-i November 15, 2002
Appendix A - Definitions
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, p:rovided 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 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 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.
City of San Juan Capistrano Land Use Code _
9-ii November 15, 2002
Appendix A -Definitions
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:
(1) The area devoted to adult merchandise and/or sexually oriented material exceeds more
than twenty-five (2 5) 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.
City of San Juan Capistrano Land Use Code
9-iii November 15, 2002
Appendix A -Definitions
Affordable housing: Residential projects that are affordable by qualified very low and low income
households. _-
Affordable rent: Monthly housing expenses, including a reasonable allowance for utilities, for rental
target units reserved for very low or lower income households, not exceeding the following
calculations:
(1) Very low income: fifty (50) percent of the area median income for Orange County
adjusted for household size, multiplied by thirty (30) percent and divided by twelve
(12)• --
(2) Low income: sixty (80) percent of the area median income for Orange County adjusted
for household size, multiplied by thirty (30) percent and divided by twelve (12).
Affordable sales price: A sales price at which low or very love income households can qualify for
the purchase of target units, calculated on the basis of underwriting standards of mortgage financing
available for the development.
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.
Generally, the secondary access to a property.
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).
Animal, domestic: Any domesticated animal or household pet commonly maintained in a
household as defined by Orange County Animal Control.
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.
City of San Juan Capistrano Land Use Code
9-iv November 15, 2002
Appendix A -Definitions
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.
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 for the sale or trading of articles which are over fifty (50) years old or
have collectible values. Antique shop does not include "second hand store".
Apartment: A room or suite of rooms,within an apartment house, which is designed for occupancy
by one household for living and sleeping purposes and which contains no more than one kitchen.
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 doing their own cooking in the said building, and shall include
flats and apartments.
- City of San Juan Capistrano Land Use Code
9-v November IS, 2002
Appendix A - Definitions
Appeal: A request by a project applicant or other qualified individual or agency for a City body to
modify or reverse a decision rendered by a subordinate City body or City staff; or
Appellant: Those persons or agencies filing appeals, paying fees,where required, and complying with
procedural requirements stated in this Land Use Code.
Applicant: --
(1) Any person, firm, or corporation requesting approval of any land use, development, or
improvement application, or similar entitlement regulated by the Municipal Code.
(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(i).
Arcade: A contiguous area with access to a street or other public way and which affords pedestrian
access to business establishments or other land uses fronting said area.
Architectural projection:Anything attached to and extended outside the outer face of the exterior
wall of a structure and not intended for shelter or occupancy, such as stairs, balcony, fireplace, etc.
Arterial highway: A highway primarily for through traffic and which usually connects to other
arterial highways. Arterial highways are classified as primary, secondary, and local as per the
Circulation Element of the City's General Plan.
Article:An Article of this Land Use Code unless some other ordinance, code, or statute is indicated.
Attic: The uninhabitable space between the upper surface of the top floor and the roof above, as -
shown in Figure 1.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 (2 5) percent 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.
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
City of San Juan Capistrano Land Use Code
9-vi November 15, 2002
Appendix A - Definitions
to a passenger car equivalent.
Average vehicle ridership (AVR): 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.
ATTIC
BUILDING HEIGHT
Measured from finished
grade to the highest point
of the building.
cn
A CRAWL SPACE
Si�11 •BASEMENT & r E
�
x
fix ,, Finished grade
B R
When A is less than B, C is a basement (where the measurement is from finish grade).
When A is greater than B, C is a story.
Figure 1
Building Height
City of San Juan Capistrano Land Use Code
9-vii November 15, 2002
Appendix A -Definitions
— B —
Banner: A visual display device, with or without copy, usually rectangular in shape made of flexible
material, usually cloth, paper, or plastic.
Bar: Any commercial establishment licensed by the State Department of Alcoholic Beverage Control
to serve any alcoholic beverages on the premises for which the license has been issued.
Base district or base zoning district: A portion of the City A ithin which only certain land uses
and structures are permitted and certain standards are established for development of land.
Basement: An area of non-residential use partially above ground: and having no more than fifty (50)
percent of its height, at any point, above finish grade on each and. every side, as shown in Figure 1. A
basement is not considered a story unless over fifty (50) percent of its height is above finished grade.
Bed and Breakfast establishment: A use/structure 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.
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
travelways. -
Bikeway: A bicycle pathway: either a bike lane, bike trail, or bike route.
Billboard: An off-premises sign with changing advertising copy.
Boarding or rooming house: A residential building, other than a rest home, containing a single
dwelling unit and not more than five 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.
City of San Juan Capistrano Land Use Code
9-viii November IS, 2002
Appendix A -DeFnitions
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.
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 the 0.017 feet for Final Maps or Parcel Maps.
Brewpubs: A commercial business which conducts the retail sale of beer (malt beverages with
alcohol content as defined by Federal law) which 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.
Building: Any structure, other than a vehicle, having a roof supported by columns or walls for the
housing, shelter, or enclosure of persons or property of any kind.
Building, accessory: The same as "accessory structure."
_ Building exposure: A building wall which is parallel to a public or private street, highway, or
designated parking area.
Building line: The exterior wall surface of a building, exclusive of architectural projections or eaves.
Building, main: A building in which is conducted the primary use of the building site on which it is
situated.
Building, main residential:A residential building which is the main building on a lot.
Building or structure 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 1. Chimneys and finials are not included in determining building
height. For structures in hillside areas, building height shall be determined by the establishment of a
series of vertical lines at the upper most and the lower most finish grade of a building or structure
(typically measured at five feet from the building corner) at the suet building height standard by a line
connecting such vertical line as shown in Figure 2.
City of San Juan Capistrano Land Use Code
9-ix November 15, 2002
Appendix A -Definitions
nect!'A
L'ne
Con
Uppermost
Vertical Line
Lowermc st
Vertical Line
Finish Grade
Grade
Figure 2
Hillside Building Height
Building site: -
(1) The ground area of one (1) lot; or
(2) The ground area of two (2) or more lots when used in combination for a building or
permitted group of buildings, together with all open spaces as required by this Land Use
Code.
Business: A commercial establishment, office, institutional, or industrial use which produces goods
or distributes goods and services.
— C— _.
Capital improvement program: A budgeted multi-year schedule of physical improvements to _
streets and other public facilities planned and carried out by the City.
City of San Juan Capistrano Land Use Code
9-x November 15, 2002
Appendix A - Definitions
Car/van pool: A shared ride by two (2) or more employees in motor vehicles, to and from their
worksite(s).
Caretaker's residence (permanent): A residence located on a premises with a main non-
residential use and occupied only by a caretaker or guard employed on the premises, and his or her
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.
Cat:A feline of either sex, altered or unaltered.
CMR: 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.
Certificate of Use and Occupancy: A required document issued by the Department of Building
and Engineering Services prior to occupation or use of buildings erected or structurally altered.
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".
Children's home: One or more buildings used for the semi-permanent, twenty-four (24) hour care
of orphans or other children deprived of parental care, operated by a public agency or a philanthropic
or charitable organization, but shall not include commercial enterprises operated by such organization
or a correctional institution.
_ City of San Juan Capistrano Land Use Code
9-xi November 15, 2002
Appendix A - Definitions
Church: A structure which is used primarily for religious worship and related religious activities at
least two (2) days per week.
City: The City of San Juan Capistrano, California.
City Council: The City Council of the City of San Juan Capistrano.
City Engineer: That person, or his or her designated representative, assigned to the position of City
Engineer by the City Council.
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.
Code: The Land Use Code (Ordinance No. 869) of the City of San Juan Capistrano, 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 which may occupy an area —
of more than 500 square feet and may include permanent structures.
Commercial: A land use or other activity involving the sale of goods or services for financial gain.
City of San Juan Capistrano Land Use Code
9-xii November 15, 2002
Appendix A -Definitions
Commercial district: A zoning district allowing specified commercial activities including Tourist
Commercial (TC), Neighborhood Commercial (NC), General Commercial (GC), and Office
Commercial (OC).
Commission: The Planning Commission of the City of San Juan Capistrano, unless some other
commission, board or committee is indicated.
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: Any other mobilehome park within a fifty (50) mile radius,
substantially equal in terms of park amenities, rent, and proximity to services.
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.
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.
- Conditional use: A use which because of characteristics peculiar to it, or because of size,
technological processes or type of equipment, or because of the exact location with reference to
surroundings, streets and existing improvements or demands upon public facilities may reduce the
imposition of special controls. Such control is imposed to enure that the particular use at the
particular site on which such use is proposed to be located is compatible with other existing or
permitted uses surrounding the site.
Conditional Use Permit: A permit issued by the City authorizing establishment and operation of a
conditional use.
Conditions, covenants and restrictions (CC&R): A set of private agreements written and agreed
to by a group of property owners, usually included in each property deed, and which sets down
certain rules and regulation governing the development and use of said properties.
Condominiums: 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 a building on such property.
Such separate interest may also include outdoor areas for patios, atriums, or courtyards.
City of San Juan Capistrano Land Use Code
9-xiii November IS, 2002
Appendix A -Definitions
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.
Contiguous: The same as "adjacent."
Conventional antenna: 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.
County: The County of Orange, California. --
Custom house: A house designed especially for construction on a particular residential lot.
— D —
Daily trip: Travel from an origin to a destination by a vehicle during a twenty-four (24) hour period.
Dedicate: To convey to a public agency an interest in land for a public purpose. --
Density bonus: A minimum density increase of at least twenty-five (2 5) percent over the maximum
residential density.
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.
Design: The physical aspects of a development, road improvement, or other construction project.
Design includes, but is not limited to, such items as street alignment,grading, landscaping, site layout,
building elevations, and signing.
Deposit, street cut: A cash deposit insuring the repair of public rights-of-way altered during
construction. --
Deposit, swimming pool: A cash deposit insuring the repair and cleaning of public rights-of-way
altered during swimming pool construction.
City of San Juan Capistrano Land Use Code _
9-xiv November 15, 2002
8
Appendix A - Definitions
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 plan: A plan created to describe a proposed development on a specific building site.
Development standard: A numerical maximum or minimura 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.
Director of Planning or Planning Director: The Planning Director for the City of San Juan
Capistrano, or his or her duly authorized agent.
Dish antenna: 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.
District or zoning district: A Base District or Environmental Overlay District.
District, Base: See "base district."
District, Environmental Overlay: See "Environmental Overlay 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 for direct human consumption, human contact, or in the
preparation of foods for human consumption.
Driveway: A traveled way providing vehicular access to a property in single ownership or a
nonresidential joint land use of more than one property from an alley (public or private), a private
sixeet, or a public street.
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 or more households, having separate or joint entrances, and including apartments,
condominiums, and townhomes.
City of San Juan Capistrano Land Use Code
g_xv November 15, 2002
Appendix A -Definitions
Dwelling, single-family attached: A residential building designed for, and used for, the separate
homes or residences of two or more separate and distinct households living independently of each
other living in separate ownership units (condominiums).
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: A group of two (2) or more rooms, one of which is a kitchen, designed for
occupancy by one household for living and sleeping purposes.
— E—
EA: The Environmental Administrator.
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 that includes
Monterey, Mediterranean, Mission Revival, and Spanish Colonial.
Earthtone 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.
Oectrolier: A total street light assembly.
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.
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.
Environmental Impact Report (EIR): A report which describes and analyzes the environmental
effects of a proposed project pursuant to the California Environmental Quality Act.
City of San Juan Capistrano Land Use Code
9-xvi November 15, 2002
_ Appendix A -Definitions
Environmental Management Agency: The Environmental Management Agency of the County of
Orange.
Environmental Overlay District: A certain portion of the City wherein regulations relating to a
specific environmental or physical characteristic (such as vulnerability to flooding) are imposed in
addition to those of the Base District coveting the land in question.
Environmental review: The process of determining the impact of proposed projects on the
environment. The review process shall be carried out in accordance with the California
Environmental Quality Act and the guidelines of the City.
Equestrian trail: 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.
Equestrian trail access: Access to an equestrian trail from a given lot or other property either
directly or by means of private streets or easements.
- Equine: A category of domestic animal which includes horses, ponies, donkeys, or mules.
Exception: A minor modification(s) to restrictions or requirements set forth in this title, and which
has no potential for adversely impacting adjacent property.
Extraction operation, commercial: The removal or displacement of sand, gravel, rock, aggregate,
clay, or similar materials conducted for financial gain.
— F—
Facility standards: Site or building improvements required by Section 9-3.555 Transportation
Demand Management which provide opportunities for trip reduction.
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: A home that regularly provides care, protection, and supervision for
fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24)
hours per day,while the parents or guardians are away, and is either a large family day care home or a
small family day care home.
(1) Large family day care home means a home that provides family day care for seven (7) to
fourteen (14) children, inclusive, including children under the age of ten (10) years who
reside at the home, as set forth in the California Health and Safety Code.
City of San Juan Capistrano Land Use Code
9-avii November 15, 2002
Appendix A - Definitions
(2) Small family day care home means a home that provides family day care for eight (8) or
fewer children, including children under the age of ten (10) years who reside at the -
home, as set forth in the California Health and Safety Code.
Farm labor camp: Any living quarters, dwelling, boarding house, bunkhouse, or other housing
accommodations, maintained exclusively for the occupancy of farm employees and their families in
connection with any farm work or place where farm work is being performed, and the premises upon —
which they are situated.
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: 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.
Fence: A free-standing device, structural or natural, forming a physical barrier by means of hedge,
wood, mesh, metal, chain, masonry, brick, slate, plastic or other similar material.
File: To formally submit plans, applications, appeals, complaints, requests or other documents with a
governmental agency, private firm, or individual.
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 T
Code, and which is intended to be placed on record in the office of the County Recorder.
Finished grade measurement: The finished surface of ground abutting a building or other --
structure as shown in Figure 3.
Fire flow: The flow of water required to extinguish a largest probable fire served by a water facility.
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 protection elevation: That elevation not less than one (1) 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.
City of San Juan Capistrano Land Use Code ---
9-xviii November 15, 2002
Appendix A - Definitions
Flood, 100-year: The highest level of flooding that has an average frequency of occurrence on the
order of once in 100 years at a designated location, considering regional meteorological conditions
characteristic of the geographical region involved. This also means that level of flooding having a one-
percent probability of occurrence in any one year.
Flood, 25-year: Flooding from that storm that has a probability of occurring once in twenty-five
(2 5)years.
Floor area: The total horizontal area within the interior walls of all floors of a structure.
e ��IsT
Cur
FINISHED GRADE
EXISTING GRADE
Figure 3
Finished Grade
City of San Juan Capistrano Land Use Code
9-xix November 15, 2002
Appendix A -Definitions
Floor area ratio: The ratio between the total gross floor area of all buildings on a lot and the total
area of that lot, as shown in Figure 4.
I Floor
50°,6 Cor In a zone district with a maximum
Corerd e FAR of 0.50:1,the maximum
lot depth allowable floor area of a building on a —
p"fit ` 40,000 sq.ft.lot would be 20,000
nsq.ft.(20,000 sq.ft.divided
lot width by 40,000 sq.ft.equals 0.50).
2 Floors 1506 for
NOTE:Variations may occur if upper floors are
COVeroBe.aG;':sf stepped back from ground level lot coverage.
lot do th
lot width _
Gross Building Area(All Floors)
Floor Area Ratio(FAR)_
Lot Area
Figure 4
Floor Area Ratio
Fallowing: 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." -
Footcandle: A unit of illuminance on a surface that is everywhere one foot from a uniform point
source of light of one candle and equal to one lumen per square foot.
Frontage: See "street frontage."
Fuel dispensing stations: A commercial business which conducts the retail sale of motor vehicle
and related petroleum-based fuels including but not limited to gasoline, diesel, ethanol, and propane -
fusels. Such establishments may also include accessory retail sales of such items as automobile
accessories (fuel additives, oil, cleaners, maps), cigarettes, newspapers and magazines, candy,
toiletries, non-alcoholic beverages, packaged foods, and similar items. Automobile service and repair -
is expressly prohibited.
— G —
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 juke boxes, children's mechanical rides (e.g., horses, rocket ships),
City of San Juan Capistrano Land Use Code
9-XX November 15, 2002
Appendix A - Definitions
or machines that sell merchandise.
Game machine centers or arcades:A place of business or establishment in which the operation of
game machines is the primary use.
Garage: A building or a portion of a building used primarily for the parking of vehicles belonging to
the occupants of the property.
General Fund: For the purposes of Section 9-3.521 Hazardous Waste Facilities, the State of
California General Fund.
General Plan: The General Plan of the City of San Juan Capistrano adopted by the City Council.
Governors 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 .14.
Grade, finished: See "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.
Ground water duality: 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 or employee quarters:A secondary dwelling unit, accessory to the main building on a
lot,which contains living quarters of a permanent type,with kitchen or cooking facilities.
— H —
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
_ City of San Juan Capistrano Land Use Code
9-xxi November 15, 2002
Appendix A - Definitions
disposed of, or otherwise managed.
Hazardous waste facility, specified: An off-site facility project proposal.
flealth officer: A health officer or inspector for the County of Orange or duly authorized
representative.
flealth 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.
Heliport: An area of land or a structural surface which is used or intended for use for the landing
and take-off of helicopters; including any appurtenant areas which are used or intended for use for --
heliport buildings and other heliport facilities.
Home business: An 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.
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 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.
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.
City of San Juan Capistrano Land Use Code
9-xxii November 15, 2002
Appendix A - Definitions
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.
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 nonirrigated.
— I —
Immobile populations: Schools, hospitals, convalescent homes, prisons, facilities for the mentally
ill, and other similar facilities.
Improvement: The construction of streets and all related appertances, bridges, utilities,
pedestrianways, 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 appertances.
Industrial district: Industrial Park (IP), Commercial Manufacturing (CM), or Agricultural (A)
Districts.
Interested person: For the purposes of Section 9-3.521 Hazardous Waste Facilities, 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.
Inventory of Historic and Cultural Landmarks (IHCL): A listing of locally culturally and
historically significant sites and buildings 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 any time, 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.
-J-
Junk: 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.
City of San Juan Capistrano Land Use Code
9-xxiii November 15, 2002
Appendix A - Definitions
jiink or salvage yard: Any property used for the breaking-up, dismantling, sorting, storage,
distribution, or sale of any scrap,waste material or junk.
— 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.
Kennel, noncommercial: Any kennel maintained for the use and enjoyment of the occupant of the
property for noncommercial purposes.
—L—
Land Use Code (LUC): Chapters 1 through 5 of Title 9 of the Municipal Code.
Land use decision: 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.
Landscape boundary area: The planted area consisting of trees, shrubs, groundcover, or turf, _
which borders a project site on all sides.
Landscaping: The planting and maintenance of some combination of trees, groundcover, shrubs,
vines, flowers or lawn. In addition, the combination or design may include natural features such as
rock and stone, and structural features including but not limited to fountains, reflecting pools, art
work, screens,walls, fences and benches. -
Level of service (LOS): A measure of the operational performance of a road link or intersection
based on a ratio of volume to capacity (WC) of the facility as determined by the Intersection Capacity
Utilization (ICE) method or seconds of delay determined by the Highway Capacity Manual.
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
preregistration is required at least twenty-four (24) hours in advance of participation in the class.
City of San Juan Capistrano Land Use Code
9-xxiv November 15, 2002
Appendix A - Definitions
Local Arterial (street): A street which distributes residential or local traffic from its point of origin
to higher capacity facilities. The commuter street does not serve lots directly, but fulfills the collection
function for a group of local streets. Trips will be short and conducted at low speeds (25-35 m.p.h.)
with relatively moderate (maximum 10,000 ADT) traffic volumes. This category of street requires
sixty (60) feet of right-of-way.
Local (street): A street which provides direct access to single-family residential lots and is restricted
to this function. The local street best serves its function when it is discontinuous, so that traffic having
no destination along the street is discouraged from its use. This is accomplished by implementation of
cul-de-sac and loop streets. This category of street requires fifty-six (56) feet of right-of-way.
Local, rural (street): Please refer to Figure 4-8.
Logo: A trademark, copyright, or symbol of an organization which is consistently used within the
conducting of the business activity.
Lot: Any numbered or otherwise designated parcel of land shown on: (1) a recorded tract map, (2) a
record of survey map recorded pursuant to an approved division of land, or (3) a parcel map.
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 trails, 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 5.
Lot coverage: That percentage of a lot which, when viewed directly from above, would be covered
by a structure or structures, or any part thereof, excluding projecting roof eaves, as shown in Figure 6.
Lot depth: The distance between the midpoint of the front lot line and the midpoint of the rear lot
line.
Lot, interior: A lot other than a corner lot, as shown in Figure5.
Lot, key: A lot with a side lot line that abuts the rear lot line of one or more adjoining lots.
Lot, reverse corner: A corner lot in which the rear lot line abuts the side lot line of the nearest lot
to its rear.
City of San Juan Capistrano Land Use Code
9-xw November 15, 2002
Appendix A - Definitions
Lot
Frontage Iw — — Lot Lines
Reverse f�1�� Block
Corner I I �T boundary
—Lot �{ Key
I Lot
w j-----•—i i
Flag 1hroug h --•-----
Lot I Let
Interior Corner
Lot F — I I Lot
Lot
Side Lot
Lines I I \ Cul-de-Sac /
Lot
STREET
Figure 5
Lot Organization
Lot line: A line separating one lot from another or from a public right-of-way, as shown in Figure 5.
Lot line adjustment: The reconfiguration of lot lines where an equal or lesser number of lots are
created. Said lots shall conform to all zoning and land use standards of Title 9.
Lot line, front:
(1) A line separating an interior lot from a street or highway;
(2) A line separating the narrower street frontage of a corner lot 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, the
line, or series of lines, delimiting the front of the buildable portion of the lot shall be -
established as the front lot line.
City of San Juan Capistrano Land Use Code _
9-xxvi November 15, 2002
Appendix A - Definitions
20'
10'
1
1 1
I 1
1 1
STUCTURE 10' 20'
I 1
I 1
1
1
Property line
Lot Coverage of 25%
Figure 6
Lot Coverage
Lot line, rear: A lot line which is opposite and most distant from the front lot line; and, in the case
of an irregular, triangular, or other non-rectangular lot, a line ten (10) feet in length within the lot,
parallel to and at the maximum distance,within the lot, from the front lot line.
Lot line, side: Any lot boundary line, 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 width: The minimum horizontal distance between the side lot lines measured at a point midway
between the front and rear lot line.
City of San Juan Capistrano Land Use Code
9-)Dmi November 15, 2002
Appendix A -Definitions
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.
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.
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—
Mail services: A commercial business which conducts the retail sale of stationery products, provides
packaging and mail services (both LIS Postal and private service), and provides mailboxes for lease.
Main residential building: See "building, main residential."
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 distribution -
system for any hourly period during a twenty-four (24) hour period.
Mini-mart or food convenience store: A business offering for sale food products both fresh and
refined, including but not limited to fresh fruits and vegetables, prepackaged and processed food
products, dairy products, baked goods, and beverages (nonalcoholic) including fruit juices, bottled
and canned drinks within a building less than 5,000 square feet. -
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.
Mission colors: Same as "earthtone colors."
Mixed-use development: A project which integrates a variety of land uses including residential,
office, commercial, service, and employment and can result in measurable reductions in traffic
impacts.
City of San Juan Capistrano Land Use Code
9-xxviii November 15, 2002
Appendix A -Definitions
Mobile noise source: A fixed transportation route or facility which generates noise impinging on
nearby areas due to vehicle travel on said route or facility.
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 (1) 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.
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 sales or rental offices for
dwellings within the development.
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
Mousing and Community Development pursuant to the California Health and Safety Code.
Modular or factory built home: A home built in a factory to the California Factory Built Housing
Code and installed on a permanent foundation.
Motel: A group of attached or detached 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.
Mulch: Any material such as leaves, bark, straw, or other materials left loose and applied to the soil
surface to reduce evaporation.
Oty of San Juan Capistrano Land Use Code
9-xxix November 15, 2002
Appendix A - Definitions
Mobile noise source: A fixed transportation route or facility which generates noise impinging on
nearby areas due to vehicle travel on said route or facility.
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 (1) 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.
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 sales or rental offices for
dwellings within the development.
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.
Modular or factory built home: A home built in a factory to the California Factory Built Housing
Code and installed on a permanent foundation.
Motel: A group of attached or detached 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.
Mulch: Any material such as leaves, bark, straw, or other materials left loose and applied to the soil
surface to reduce evaporation.
City of San Juan Capistrano Land Use Code
9-xxix November 15, 2002
Appendix A - Definitions
—N—
Noncommercial: A land use or other activity that does not involve the sale of goods or services for
financial gain.
Nonresidential building or structure height: The vertical distance from finish grade to the
topmost point of the roof of a nonresidential building or to the highest point of a structure other than
a building, as shown in Figure 1. Chimneys and finials are not included in determining building
height.
Non-restricted units: All units within a housing development excluding the target units.
NPDES: National Pollution Discharge Elimination Systems of the Clean Water Act:.
Numerical limit: The total number of dwelling units for which building permits may be issued
within the City during a given calendar year. The numerical limits shall be adopted by the City
Council.
— 0 —
Off-site
O —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.
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.
Open areas:
(1) Land area not devoted to or covered by structures or any area serving motor vehicles
(such as parking areas, loading areas, driveways, streets, or alleys), and not part of any
required perimeter butter yard;
(2) Areas not a part of a manufactured or altered slope having a ration of steeper than three
to one (3:1); or
City of San Juan Capistrano Land Use Code
9-XXX November 15, 2002
Appendix A - Definitions
(3) Areas with a minimum width of ten (10) feet and a minimum contiguous area of 300
square feet.
Outdoor storage, permanent: The use of a premises or part of a premises not enclosed by a
building, for the permanent storage of materials or equipment.
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 period of not greater than thirty (30) days.
Overspray: Irrigation water that sprays beyond the area it is intended to service.
P
Paddock: An open, fenced area with a portion of the enclosed area roofed to pro,�ide 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.
— 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 four (4) or less 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.
Parcel Map, Tentative: A preliminary parcel map prepared for the purpose of showing the design
of a proposed subdivision of four (4) or less lots and the existing conditions in :and around it and
which need not be based upon an accurate or detailed final survey of the property.
Parking facilities, off-site: Parking facilities, off-site, shall include any parking lot 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 which
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.
City of San Juan Capistrano Land Use Code
9-xxxi November 15, 2002
Appendix A - Definitions
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 space or stall: A designated area within a parking facility designed and used for the
temporary parking of one motor vehicle.
Parkway: That portion of a street, highway, or alley right-of-way adjacent to but outside of and
separate from the roadway proper. "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
o£the areola.
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 Ways: A paved right-of-way for pedestrians that is separate and protected from the
traveled portion of the roadway, and free from vehicular traffic.
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, copartnership, 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.
Pet or domestic pet: A domestic animal which is not maintained as work animal, and which is of a
species that is commonly kept within or given access to an owner's house or dwelling unit as per
Orange County Animal Control Ordinance.
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.
City of San Juan Capistrano Land Use Code
9-xxxii November 15, 2002
Appendix A - Definitions
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."
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.
Premises: A lot or building site, or a specified portion of a lot or building site, that contains the
structures and the outside area necessary for the location, maintenance, and operation of the use on
the property.
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 which 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 which is permitted in a district without the requirement for approval
oil a Conditional Use Permit.
Private sanitary sewer: A sanitary sewer maintained and operated by a non-public 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.
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,
City of San Juan Capistrano Land Use Code
9-xxxiii November 15, 2002
Appendix A - Definitions
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
sliall 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.
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.
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, such as hospitals, schools, libraries, museums, post offices, police and fire —
stations, public utilities, and other public services.
— Q— _
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.
— R—
Rain-sensing device: A system which automatically shuts off the irrigation system when it rains.
Rap studio: See "Encounter Center".
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), and Mobilehome Park (MHP) Districts.
City of San Juan Capistrano Land Use Code
9-xxxiv November 15, 2002
_ Appendix A -Definitions
Reclaimed water: Tertiary treated effluent, suitable for use in landscaping or water features as
determined by the presiding water district.
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:
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;
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;
Full tent trailer: Including boats, floats, and rafts plus the normal equipment to transport
the same on a street or highway.
Recyclable material: Reusable material including metals, glass, plastic, green wastes and paper,
which are intended for reuse, remanufacture or reconstitution for the purpose of 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
City of San Juan Capistrano Land Use Code
9-xrxv November 15, 2002
Appendix A -Definitions
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.
Research and Development Business: A business that engages in research, or research and
development, of innovative ideas in technology-intensive fields.
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.
Residential care facility: Any family home, group care facility, or similar facility (as determined by
the State) licensed by the State to provide twenty-four (24) hour non-medical care of persons in need
of personal services, supervision, or assistance essential for sustaining the activities of daily living or for
the protection of the individual, for seven or more individuals or as may be amended by the California
Community Care Facilities Act.
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), 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 which 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.
City of San Juan Capistrano Land Use Code
9-xxxv1 November 15, 2002
_ Appendix A - Definitions
Resolution of Intention: A formal resolution adopted by a public agency which expresses an
intention to take some future action. For instance, the adoption of a Resolution of Intention to annex
a certain parcel of land to the City at some future date.
Rest home: An institution or premises licensed by the State and used for the housing and care of the
ambulatory, aged, or infirm and offering or providing lodging, meals, nursing, dietary or other
-- personal services, but not including the care and treatment of persons with contagious or
communicable disease, mental illness, or persons addicted to narcotics or alcohol. The term does not
include places where there is surgery, physical therapy, or other similar activities, such as are
customarily provided in hospitals. Rest homes also include residential care facilities for the elderly,
nursing homes, assisted care facilities, convalescent homes, homes for the aged, veterans' homes,
institutions for the feeble-minded, cerebral palsied and the like, plus other similar names signifying
long-term care,which is personal and at most nursing help, rather than medical or surgical care.
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 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 container types in a portion commensurate with their relative
redemption rates, and to meet the requirement of certification as a recycling facility, multiple
b-ouping 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.
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.
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.
Runoff. Water that flows at a rate above the infiltration rate of soil which causes water to drain away
on the surface from the landscape area it is intended to service.
Rural (street : A designation placed upon public roads and arterials which requires street
improvements that are commensurate with low density residential development. The rural
City of San Juan Capistrano Land Use Code
9-xxxvii November 15, 2002
Appendix A -Definitions
designation may be used in combination with local, local arterial, secondary arterial, and primary
arterial street classifications.
— S —
Sanitarium:An institution where patients, other than mental or drug addict patients, are housed and
where medical or post-surgical treatment is provided.
Sanitarium, mental: An institutional for the recuperation and treatment of victims of mental
disorders or drug addiction.
Sanitary sewer: A conduit designed to carry sewage.
Sanitary sewer lateral: A conduit joining a sewage generating facility and a sanitary sewer.
Scenic highway:Any highway designated a scenic highway by an agency of the City, County, State or
Federal Government.
School: Any institution of learning for minors, whether public or private, offering instruction in
those courses of study required by the California Education Code and maintained pursuant to
standards set by the State Board of Education. This definition includes a nursery school, kindergarten,
elementary school, middle or junior high school, senior high school, or any special institution of
education, but it does not include a vocational or professional institution of higher education,
including a community or junior college, college, or university.
School, elementary and high: Institutions of learning which offer instruction in the several
branches of learning and study required to be taught in the public schools by the Education Code of
the State of California. Private institutions meeting this criterion shall also be included within this
definition. High schools include Junior and Senior.
Screening: Solid walls, solid fences or dense living hedges for the purpose of concealing from view
the area behind such structure or hedges. ^`
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 which provides for through traffic circulation within the
City. This category requires eighty-four (84) feet of right-of-way. Traffic volumes are limited to
City of San Juan Capistrano Land Use Code w
9-xxxviii November 15, 2002
Appendix A -Definitions
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 containing sleeping quarters and
bathroom facilities independent of the principal dwelling on the site.
Section: A section of this Land Use Code unless some other ordinance, code or statute is indicated.
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.
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:A minimum horizontal distance between the building line and the lot line; or when abutting
a street, the minimum horizontal distance between the building line and the ultimate right-of-way
line, as shown in Figures 7.
Setback area: That area between a property line and a line parallel thereto at a distance equal to the
appropriate setback distance.
Setback line: That line parallel to a property line and at a distance equal to the appropriate setback
distance, as shown in Figures 6 and 4-2.
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, or visual 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.
City of San Juan Capistrano Land Use Code
9-Xaxix November 15, 2002
Appendix A - Definitions
.._.._.._.._.._ ----------------_.� Y
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REAR YARD I -
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SETBACK :
STRUCTURE
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Figure 7
Setbacks
City of San Juan Capistrano Land Use Code
9-xl November 15, 2002
_ Appendix A -Definitions
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 as a 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 include the total area within the periphery of the cutout letters or display. 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
incorporated into the face of a sign.
Sign, directional: A sign directing motorists or pedestrians to parking or building entrances or
providing similar directional information.
City of San Juan Capistrano Land Use Code
9-xli November 15, 2002
Appendix A -Definitions
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.
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 M
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 which 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 which 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 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.
City of San Juan Capistrano Land Use Code _
9-ilii November 15, 2002
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Appendix A - Definitions
telephone number only.
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 indicating all of the improvements existing and proposed on and off the property I
(including grading, streets, buildings, utilities, and landscaping).
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 (SWFP) 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. 1
Specific Plan: See "Precise plan."
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Specified anatomical parts: Any of the following:
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(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;
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(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
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(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
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City of San Juan Capistrano Land Use Code
9-x1iv November 15, 2002
Appendix A - Definitions
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.
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 walk--way, 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 either
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 air space 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, vehicle: A sign permanently affixed to the vehicle indicating the name of the business which is
using the vehicle. The sign copy is limited to the logo, name of business, address of business, and/or
City of San Juan Capistrano Land Use Code
9-Aiii November 15,2002
Appendix A - Definitions
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Structure: Anything constructed or erected requiring a fixed location on the ground or attached to
something having a fixed location on the ground.
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. Property shall be considered as contiguous units even if it is 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.
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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
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—
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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 as to qualify for
development incentives pursuant to Section 9-3.505 Affordable Housing Requirements.
Temporary use: A use which is associated with a holiday or special event, or which is accessory to a
permitted use and transitory in nature.
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Temporary Use Permit: A permit issued by the City authorizing a temporary use.
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
City of San Juan Capistrano Land Use Code
9-xlvi November 15, 2002
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Appendix Definitions
Ply A - De f
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female 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.
Sprinkler head:A device which 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.
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.
Storm drain: A conduit designed to carry storm-water runoff.
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. In addition, if the bottorn level, including basement, of a structure has more
than fifty (5 0) percent of its height above finish grade on any side, then it is considered a story.
Street: A right-of-way which provides a primary means of access for vehicular and pedestrian traffic
to abutting properties.
Street frontage: The property line or lines between a street and a building site.
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.
Street tree master plan: A plan adopted by the City Council for the planting and maintenance of
street trees in different parts of the City.
City of San Juan Capistrano Land Use Code
9-xlv November 15, 2002
Appendix A -Definitions
— LI —
Lipper 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, occupied or maintained. "Else" includes construction,
establishment, maintenance, alteration, moving onto, enlargement, operation, or occupancy.
Use, accessory: See "accessory use."
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Use, conditional: See "conditional use."
Use, non-conforming: See "nonconforming use."
Use permit, conditional: See "conditional use permit."
Use permit, temporary: See "temporary use permit."
Use, primary: See "primary use."
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Use, principal: See "principal use."
Use, temporary: See "temporary use."
—V—
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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.
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 to it, is deprived of privileges
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commonly enjoyed by other properties in the same vicinity and district.
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Vehicle: A device with wheels capable of moving or being moved along the ground, on pavement, or I
on rails.
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
City of San Juan Capistrano Land Use Code
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9-Aviii November 15, 2002
Appendix A - Definitions
sufficient for recordation by the County Recorder.
Terrace, slope: That level portion of a manufactured slope.
Theater: A premises used for giving dramatic performances or for showing motion pictures, with all
functions and facilities contained within a building unless a drive-in theater is specified.
Townhouse: A dwelling unit occupying its own lot but which is physically attached to at least one
other dwelling unit.
Trailer, house: The same as "mobilehome."
Trailer, miscellaneous: A trailer that is used for the transport of miscellaneous materials and
vehicles.
Trailer, travel: See "recreation vehicle."
Transportation Demand Management (TDM : The implementation of any technique or
method which seeks to or 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 or more employers
established under conditions, covenants, and restrictions provisions to provide a comprehensive and
coordinated trip reduction program.
Tree: Any living perennial plant having a trunk diameter greater than six (6) inches, measured at a
point three (3) feet above ground.
Trees, stand of.A cluster of trees existing of not less than four (4) trees.
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: Grasses, such as bermuda, bluegrass, fescue, rye, zoysia, and other grasses or hybrid derivatives
of such grasses.
City of San Juan Capistrano Land Use Code
9-Avii November 15, 2002
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Appendix A - Definitions
Housing and Community Development pursuant to the California Health and Safety Code.
I —W—
Wall height, structure: The top of the wall shall be that point where the wall meets a roof or other
building element which, in the judgment of the Environmental Review Board, defines the effective
vertical wall plane. In the case of a gable-end roof, the top of the wall shall be a line connecting the
two (2) points which define the tops of the adjoining walls.
Way: Please refer to Figure 4-8.
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Wholesale or wholesale business: The sale of goods, merchandise, or commodities to a retailer or
jobber rather than to the consumer.
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.
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.
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—Y—
Yard: An open space on a lot or parcel of land which is unoccupied and unobstructed from the
ground upward except as otherwise provided in this Code.
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
1' the nearest line of any building.
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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.
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.
—Z—
Zoning District: See "district."
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City of San Juan Capistrano Land Use Code
9-Aix November 15, 2002
Appendix A - Definitions
Zoning Map, Official: 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" and
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.
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City of San Juan Capistrano Land Use Code
f 9-1 November 15, 2002
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APPENDIX B
ADOPTED COMPREHENSIVE DEVELOPMENT
} PLANS SUMMARY
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PUEBLO SERRA CDP 89-1
August, 1989
Districts Permitted Uses and Structures Permitted Accessory Uses and Structures Permitted Temporary Restricted
Uses
Residential *Dwellings,multi-family *Home Occupations per MC Storage and/or
(R) *Dwellings,single-family attached *Recreation&community centers,public and private,including repair of vehicles
*Parks,public&private outdoor recreational uses prohibited.
Conditional Uses and Structures: *Uses/structures incidental to permitted use
*Residential care facilities
*Other compatible uses as determined by Planning Director
Neighborhood *convenience retail sales *Use
s/structures incidental to permitted use *X-mas tree sales(35-
Commercial - *Convenience retail services(cleaning,etc.) *Game machines(-3) day limit)
Retail Sales& Tinancial services *X-mas displays;iights
Services *General office uses 'Outside sales.displays{only if approved and meets the (45-day limit)
(CN.1) *Medical/`dentat(max.Of 3) foltowinQ criteria): *Exnibitsloutside sales
'Chiropractor(max.Of 1) Confined to enclosed area with min.Height of 6'and max.Height of (30 days per year)
*Eye care center(optometrist) 8;
'Eating/drinking establishments,except drive-in and drive-thru Confined to area immediately adjacent to main entry,does not block
. ;.
types pedestrian traffic,and is removed during non-business hours; ,
Outside'sales area is calculated as part of gross floor area and must
Conditional Uses and Structures: meet parking requirements
*Pet =
'`Veterinary offices&clinics b � �h
*Automobile service,station t
*rive-in,'drive-thru restaurants "„j a ��f r
*Garden;Center/Nursery
'Live Entertainment
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Neighborhood *Convenience retail sales *Uses/structures incidental to permitted use *X-mas tree sales(35-
Commercial - *Convenience retail services(cleaning,etc.) *Game machines(-3) day limit)
Office/Retail *Financial services *X-mas displays/lights
(CN.2) *General office uses *Outside sales,displays(only if approved and meets the (45-day limit)
*Medical/dental(max.Of 3) following criteria): *Exhibits/outside sales
*Chiropractor(max.Of 1) Confined to enclosed area with min. Height of 6'and max. Height of (30 days per year)
*Eye care center(optometrist) 8;
*Eating/drinking establishments,except drive-in and drive-thru Confined to area immediately adjacent to main entry,does not block
types pedestrian traffic,and is removed during non-business hours;
Outside sales area is calculated as part of gross floor area and must
Conditional Uses and Structures: meet parking requirements.
*Pet store
*Veterinary offices&clinics
*Automobile service station
*Drive-in,drive-thru restaurants
*Garden Center/Nursery
*Live Entertainment
RANCHO SAN JUAN CDP
July, 1986
Permitted Temporary Uses Restricted
Districts Permitted Uses and Structures Permitted Accessory Uses and,Structures Uses
Country Estate *Single-family residences,detached *Home Occupations per MC *Model homes *Horses prohibited
Residential(CFt) *Parks,public&private *Keeping of pets incidental and accessory to permitted *Temporary real estate
*Riding&hiking trails,equestrian facilities use(non-commercial) offices/signs per MC
*Recreation facilities *Horticulture of all types,unlighted and unenclosed by *Real estate signs per MC
buildings or structures(non-commercial)
*Uses/structures incidental to permitted use
*Temporary caretaker residence during construction of
permanent residence per MC
*Tennis Courts/outdoor recreational uses per MC
Village Residential *Single-family residences,detached "Howie Occupation per MC *Model homes *Horses prohibited
District(VR) *Parks,public and private *Accessory structures incidental to operation of *Temporary real estate
*Riding&hiking trails permitted useofficeslsigns per MC
*Real estate signs,per MC
Sports and Recreation *Parcel 1: Recreation&sports facilities,public or
District(SR) private,focusing on active residential uses(i.e.athletic
fields,parks,tennis facilities;equestrian facilities;
pools).
*Parcel 2: Exclusively for equestrian facilities only.
Conditional Uses:
*Dancing/live entertainment
*Beer/wine/liquor licenses,on-sale,if consumed on
premises.
General Open;apace *Animal grazing No building development
District(GOS) *Farming,orchards or fencing permitted.
*Flood control channels&related structures
*Parks
*Trails
RANCHO SAN JUAN CDP DEVELOPMENT STANDARDS
Country Estate Resittential Village Residential District Sports and Recreation District General OpenSpace District
Description (CR) (VR),:, (SR} (GOS)
Min.Lot Size; 10,000 s.f.(west side of Camino 7,000 s.f. (West side of Camino Lacouague: Per MC Open Space District
Lacouague:30,000 s.f.) 20,000 s.f.) Regulations
Min.Street Frontage 90`(50'on cul-de-sac or knuckle) 65'(35'on cul-de-sac or knuckle) Per approved site plan r
Min. Front Yard 20' 20' 20'from p.l.
Min.Side Yard 10` 5'one side;total of sides 15' 20'from pl.
Min.Rear Yard 25' 25' 20'from p.l.
Min.%4 of Open Space 306% 2510 50%max.Bldg.Site coverage
Max.Height of Structures 35' 35' 35'
11 Max.Accessory Structure Height 25' 25' 25' 25'
y
Nelghbdrhood Gomm�rctaf Community
pesb{�i tion '. 2osidentsal Ner�hba�hon I Coriirnerciaf<'Cf�.i
. ,Coinrrserc�al>;`CC -;
Min.Open Area 40%
Other 3 into setback,,R6 6 for s-.corn�¢e
s, Mai mafnrtenant floor;area, 22f000 s f Max.rria or teriant,fioor.area.2
;, >, Nln
1 2040 s f 50 ft
chimne s,,.balconies;:extenorstatrs *M x::fiioor,,are .oth
Y er shdps, 16°bb0 s f Max floor area other shopresiddnts 9 x,000 :Bldg llandsca(y
E
s,
5 ft Ain'.l E_andscape
il
,
setback to other
corrirriercral
Off-Street Parking *1 10'x 22'enclosed garage per unit *Handicapped parking per State requirements *Handicapped parking per State
Requirements *Open parking stalls:9'x 19'(2'overhand into *Open parking stalls:9'x 19'(2'overhand into requirements
landscaping allowed) landscaping allowed) *Open parking stalls:9'x 19'
*Parallel parking stalls:9'x 24' *Parallel parking stalls:9'x 24' (2'overhand into landscaping allowed)
*25'width for drive aisles *25'width for drive aisles *Parallel parking stalls:9'x 24'
*25'width for drive aisles
Studio: 1.2 per unit *1/200 s.f.leasable floor area
IBR: 1.5 per unit *1.0/40 s.f.dining/drinking floor area *1/200 s.f.leasable floor area
2BR: 1.8 per unit *1.0/50 s.f.gross floor area for fast-food *1.0140 s.f.dining/drinking floor area
3BR:2.0 per unit restaurant with take-out(no drive thru) *1.0/50 s.f.gross floor area for fast-food
4BR:2.2 per unit *1.0/60 s.f.gross floor area for fast food restaurant with take-out(no drive thru)
Visitor Parking:.5 per unit restaurant with take-out and drive-thru *1.0/60 s.f.gross floor area for fast food
*Takeout only restaurants: 1/200 s.f.leasable restaurant with take-out and drive-thru
floor area *Takeout only restaurants: 1/200 s.f.
*Service Stations:8 leasable floor area
*Self-operated drive-thru car wash as *Service Stations:8
accessory to service station:0 spaces *Self-operated drive-thru car wash as
*Office: 1.0/250 s.f.of leasable floor area accessory to service station:0 spaces
*Garden center/nursery: 1.0/500 s.f.of *Office: 1.0/250 s.f.of leasable floor
display/sales floor area area
*Garden center/nursery: 1.0/500 s.f.of
display/sales floor area
ORTEGA PLANNED COMMUNITY CDP 78-01
January, 1979
i
Permitted
Districts: ;perrtmrtted uses-and;St`ructures. „
Accessory' Temporary
-�_. I�errritfedCodition�l Uses _> . .< :< us . .Mies,.
��_.: :
Planning Sector A-1 *General retail *Veterinary offices/clinics
General *Commercial services(excluding newspaper&publishing) *Cabarets/nightclubs
Commercial,Senior *Food and lodging(except drive-in/drive-thru) *Dancing/live entertainment
Housing *Cocktail lounges/taverns *Interior decorator's office
*Small-scale grocery,meat or liquor-5000 sf. *Commercial center
*Business offices incidental to permitted use
*Caretaker residence as an ancillary to permitted use
*General office uses
*Medical/dental offices
*Senior apartments
*Single-family residence(location per area plan)
i tetl fiem ora Fte �rictetl Uses'.':
r§ icfs Permitted Uses and,Structures,;:; I?ertriittetl;bccsssoty Uses and Structures' perm i ., )S
D Uses
Community *General office uses *Uses/structures incidental to permitted use *X-mas tree sales(35-
Commercial *Financial services *Game machines(3) day limit)
(CC) *Medical/dental offices *X-mas displays/lights
*Business/vocational schools not requiring outdoor facilities *Outside sales,displays(only if approved and meets the (45-day limit)
*Public/semi-public buildings(excluding schools and hospitals) following criteria): *Exhibits/outside sales
*Retail uses Confined to enclosed area with min.Height of 6'and max.Height of (30 days per year)
*Home furnishing/appliance uses 8';
*Pet stores Confined to area immediately adjacent to main entry,does not block
*Specialized services(pet grooming,catering,etc.) pedestrian traffic,and is removed during non-business hours;
*Nurseries Outside sales area is calculated as part of gross floor area and must
*Food/lodging(cocktail lounges,hotels,drive-in&drive-thru meet parking requirements.
restaurants,etc.)
*Conference facilities
*Recreation/leisure uses(no outdoor uses)
*Private clubs and lodges
Conditional Uses&Structures
*Child day care center
*Dwellings,multi-family
*Veterinary offices/clinics
*Religion-related uses for worship
*Dancing/live entertainment,nightclubs
*Game machines(=>4)
*Auto rental/leasing
PUEBLO SERRA CDP DEVELOPMENT STANDARDS
Nerghbryrhaotl;Gommercrat Community
[3'ecri frori'
Residenttat R -'. "-Nei'hborhood.CommerciaLK.N.1 CN 2 Corriiimerctah:CC..`
Min.Lot Size Not applicable 7200 s.f. 7200 s.f. 7200 s.f.
lU�in�Street i rbntage `Not applrcabte 100t
Min.Landscape Setback to 15' 25 ft.(To 1-5&
P.L. adjacent residential)
MitS Landscape Setback to" 20" 20 ft ,<: 20 ft. 20 ft.
P�biic Street: �
Min.Landscape Setback to
Private Street
M+r# fiSrle 5to +Bfdg 2E?' 65'(to 1-5)
Setback
Min.Two-Story Bldg. 30' 65'(to 1-5)
Setback
Jainuilding Separation
Max.Structure Height 3072 stories 3572 stories 3572 stories 3572 stories
Permitted
Accessory Temporary
olstricts Permitted Uses and Structures ! Permitted,:Conditional Uses Uses Uses
Planning Sector B *All industrial park uses per MC *New automobile sales with full service dealership
Industrial Park *Manufacturing/assembly type uses *Outdoor sales,display and storage as accessory uses per MC
*Warehousing uses<50,000 s.f.floor space *Veterinary offices/clinics
*Vehicle/equipment rentals/leasing *Public facilities(fire stations,post office)
*Specialized services with limited customer access *Small-scale restaurants for sector employees(not as separate
*Wholesale nurseries/plant storage unit)
*Publishing and bookbinding *Animal control facilities<=5 acres
*Broadcasting studios *Sandwich shop
*Repair uses,inc.vehicle/boat inside repairs and no outside storage
*Non-profit medical clinics
*Large offices
*Medical testing/laboratories
Planning Sector B-1 *Professional service uses(engineering,accounting,computer,legal,etc.) *Small-scale restaurants serving sector Commercial Church
Industrial Park *Advertising/marketing/publishing/motion picture services `Small-scale commercial banking institutions(<= 10%of total services which facilities{Mitt
*f=inancial investment services building floor area) support approval of
*Sale/service of office supplies/equipment and commercial/industrial *Sandwich shop permitted uses temporary use
furnishings *Health clubs permit)
*Insurance offices(min.leasable floor area of 2,000 sJ,) *Sports medical clinics/offices
*Large-scale office uses(i.e.corporate headquarters)'
Planning Sector B-2 *All industrial park uses per MC *Per Planning Sector B
Assisted Care *Manufacturing/assembly type uses *Uses not listed,subject to Planning Commission approval
Facilities,Senior *Warehousing uses<50,000 s.f.floor space
Housing *Vehicle/equipment rentals/leasing
*Specialized services with limited customer access
*Wholesale nurseries/plant storage
*Publishing and bookbinding
*Broadcasting studios
*Repair uses,inc.vehicle/boat inside repairs and no outside storage
*Non-profit medical clinics
*Large offices
*Medical testing/laboratories;medical offices
*Professional service uses(engineering,accounting,computer,legal,etc.)
*Advertising/marketing/publishing/motion picture services
*Financial investment services
*Sale/service of office supplies/equipment and commercial/industrial
furnishings
*Insurance offices(min.leasable floor area of 2,000 s.f.)
*Large-scale office uses(i.e.corporate headquarters)
*Senior apartments
*Congregate care facilities(dining,recreational activities for seniors with
apartments>=400 s.f.)
*Assisted living facilities(dining,recreational activities for seniors with units
>=300 s.f.)(<=50%dual occupancy units)
*Skilled nursing facilities and senior support services
Planning;Sector C Open space recreation uses(no permanent structures or improvements) "Horse stables,commercial/non-commercial per MC
open Space and` *Horticultural&agriculturaluses(no permanent structures or improvements) *Public utility facilities
Recreation `Accessory structures(temporary&;removable structures only) *Archery ranges
*Flood control devices *Agricultural non-profit operations
*General and professional office uses
7777777777777
Permitted
Permitted Uses and Structures ' Permitted Accessory Ternp�irer
Disticts ed Conditional Uses Uses
Planning Sector A-2 See Subsections 1,2,3,or 4 below See Subsections 1,2,3,or 4 below
General
Commercial/Offif:e *Uses not listed,subject to Planning Commission approval
and Institutional
Planning Sector A- *General retail uses *Vehicle rental/leasing
2,Subsection 1 *Commercial service uses(excluding news pap eripublishirig uses) *Medical centers/complexes
*Restaurants/food services(drive-in/drive-thru'prohibited) *Video arcades'&game machine centers
*Cocktail lounges,taverns *Live entertainment
*Small-scale grocery,meat or liquor-10,000 sf. *Retail commercial
*Professional office
*Food brokerage facility with retail bakery sales
*Church facility.'
Planning Sector A- *General and professional office uses *Vehicle rental/leasing
2,Subsection 2 *Financial services *Medical centers/complexes
*Medical and dental offices(excluding medical centers or complexes) *Video arcades&game machine centers
*Public and semi-public uses *Live entertainment
*Business,vocational,professional schools(swimming,public/private primary *Retail commercial
and secondary schools prohibited) *Professional office
*Churches and similar uses *Food brokerage facility with retail bakery sales
*Restaurants(drive-in&drive-thru on Pad"K"only) *Church facility
Planning Sector A- *General and professional office uses *Vehicle rentat/leasirig
2,Subsection 3 *Financial services *Medical centers/complexes
*'Medical and dental offices(excluding medical centersor complexes), *Video arcades&game machine centers
*Public and semi-public uses *Live entertainment
'Business;vocational,professional schools(outdoor facilities,swimming, *Veterinary offices/clinics
public/private primary and secondary;;schools prohibited) *Second-hand stores
*Churches and similar uses *Food brokerage facility for wholesale and retail sales
*Restaurants(drive-in&drive-thru on Pad`K"only)
*Specialized service uses(i.e.linen/diaper supply,office supplies,printing,
etc.)
*Wholesale uses(public safes prohibited)
Planning Sector A- *General and professional office uses *Vehicle rental/leasing
2,Subsection 4 *Financial services *Medical centers/complexes
*Medical and dental offices(excluding medical centersor complexes) *Video arcades&game machine centers
*Public and semi-public uses *Live entertainment
*Business,vocational,professional schools(outdoor facilities,swimming, *Veterinary offices/clinics
public/private primary and secondary schools prohibited) *Second-hand stores
*Churches and similar uses *Food brokerage facility for wholesale and retail sales
*Restaurants(drive-in&drive-thru on Pad"K"only) *Research laboratories/testing facilities(including development
*Specialized service uses(i.e.linen/diaper supply,office supplies,printing, of prototypes, but excluding manufacturing and/or production)
etc.)
*Wholesale uses(public sales prohibited) *Uses not listed,subject to Planning Commission approval
*Vehicular rental/leasing
*Product sales,including electrical,plumbing,hospital supplies,mirrors/plate
glass,and carpets.
Description A-1 A-2 B B-1 B-2 C D-1D.2 p-3 E
Min.Landscaped 10 s.f. per 100 10'width along Per A-1 Per A-1 Per A-1 Area between public r.o.w.&building
Area s.f.of parking public streets setback line to be landscaped with
trees,ground cover,shrubbery,
berming. Parking,outdoor storage&
trash enclosures to be screened with
landscaping.
Parking Screening` Linear or,,,, Per A-1 Per A-1 Per A-1
grouped
masses of
shrubs&trees
to screen from
s"
public streets
views
Min.Tenant Space 20,000 s.f.
Max.Residential
Density 8 du per acre
Recreational Pools,cabana,tennis cts,volleyball
Facilities cts.,open play fields,or playground
equipment to be provided for
residential
GLENDALE FEDERAL PLANNED COMMUNITY CDP 81-02
November 1, 1981
��s5 t } rt dgSFt s,. r �x+ e z sF telr
Temporary.''
Peart tte�7�USes and:Structure's �,N: r .; , '" Permitted ConditionaCUs'es Permitted'Accesso Uses Uses
Parcel A *Single-family projects *Child day care centers
Parcel H *Parks,public or private *Open space subdivisions: Provides for reduction in
Single-Family(S;F) min.lot size for single-family detached dwellings if at
least 50%of the area savings goes to a private park or
recreational facility.
*Community equestrian facilities
Parcel B *Single-family projects *Child day care centers *Home occupations
Parcel C
*Two-family projects Open space subdivisions Provides for reduction in *Recreation or community
Parcel D *Multiple-family projects min,lot size for single-family detached dwellings if at centers,non-commercial,
Parcel E *Parks,public or private least 50%of the area savings goes to d private park or public or private
Parcel F recreational facility. *Uses,incidental to operation
Mixed-Unit(MU) � � r *Community equestrian facilities"�� of permitted use �E
*Recreational vehicle storage
r facilities
Private Open Space Grading adjacent to development parcels necessary to
Open Space Grading accommodate development of such parcels per CDP and MC.
(OSG)
Pisrih Pwblic Land *Passive recreation uses which require.little or no grading and ,
NafUf�sl Qp`on Space which emphasize preservationof land in its natural state-
(tUS) *Reservoir facilities and access roads ' `
77
Permitted
Accessory Temporary
'Districts Permitted Uses and Structures .: Permitted Conditional,Uses = Uses Uses
Planning Sector D-1 *General and professional office uses *Limited industrial(research/light manufacturing)
General *Financial services *Small-scale retail
Commercial and *Medical and dental offices(excluding medical centersor complexes) *Printing services(-10%building floor area
Office *Business,vocational,professional schools not requiring outdoor facilities *Restaurants(not drive-in or drive-thru)
*Non-profit civic organization offices *Medical centers(if Planning Commission determines
*Public/semi-public uses compatibility with surrounding uses)
*Education uses,public or private(public schools,child day care centers, *Major computer centers
preschools) *Outside storage prohibited
*Churches and similar uses
*Office building and studio
*Office building
*Outside storage prohibited
Planning;Sector 0-2 *Public/semi-public uses
Office and `Educational uses,public&private(public schools,child day care centers.
Institutional preschools)
*Churches and similar uses
Planning Sector D-3 *Public/semi-public uses
Office and *Educational uses, public&private(public schools,child day care centers,
Institutional preschools)
*Churches and similar uses
Planriing'Sector E *Dwellings,multiple-family apartments townhouses orcandomrmums '- '"Child day care centers
Multi-Family *Recreation/community centers *Uses not listed,subject to Planning Commission approval
Residential 'Public/private parks
ORTECA PLANNED COMMUNITY CDP DEVELOPMENT STANDARDS
Description A-1 A-2" B B-1 B-2 C b 9' D-2 D-3
Min.Lot Size 7200 s.f. 1 acre 1 acre 15,000 80,000 s.f. Per A-1 Per A-1 3 acres
s.f.
Min.Building 10'adjoining 25'front setback 50'adjacent to Per A-1 Per A-1 Per A-1 30'along Ortega&La Novia;
Setbacks Ortega, eastside of Rancho Viejo Rd.: 2071 story and 3072 story along
Lallovia, Rancho Viejo
25'adjacent to Windsang Dr.
Rancho Viejo Rd.between Calie Arroyo or
Rd.,Calle Ortega/Calle Paseo Espada
Arroyo Arroyo
Max.Building 1-16ght 3572 stories 3572 stories Per A-1 Per A-1 Per A-1 25'
16'within 50'of
Ortega, La
Novia,Calle
Arroyo
Min,Open Area 30'adjacent to 30°ffl Per A-1: Per A 1 Per A-1 40%of total lot area
Width Ortega,La
Novia,Rancho
Viejo Rd.,Calle
Arroyo
Private Open
Space North Public South Public
Parcel A Parcel B Parcel C ParcelD Parcel E Parcel F Parcel H Open Space Land Land
Single- Mixed-Unit Mixed-Unit Mixed-Chit Mixed-Unit Mixed-Unit Single'- I Grading Natural Open General Open
Description Family SF MU MU MU MU MU Family SF) (OSG) Space NOS 5 ace- GOS
Min.Street/bcundary 2071 story As apprd. 20'/1 story 2071 story 2071 story 2071 story 20'/1 story 100'from any
setbacks and 3072 and 3072 and 3072 and 3072 and 3072 and 30'/2 boundary line
story project 2071 story story project story project story project story project story
boundary and 3072 boundary line boundary line boundary line boundary line project
line or story project or arterial or arterial or arterial or arterial boundary
arterial r.o.w. boundary line r.o.w. r.o.w. r.o.w. r.o.w. line or
or arterial arterial
10'side yard r.o.w. r.o.w.
separation
between 10'side
bldg.& yard
private or separation
local street between
r.o.w. bldg.&
private or
local street
r.o.w.
Min.Open Anja30% 35% 35% 35% 35% 35% 30%
Max. Building Height 3072 stories 3072 stories 3072 stories 3072 stories 3072 stories 3072 stories 3072 stories 1571 story
Sign/Fence/P(3oi Per MC Per MC Per MC Per MC P rztvi ;E Per MC Per MC Per MC
Temporary
Districts Permitted Uses and Structures - Permitted Conditional Uses Permitted Accessory Uses Uses
South Public Land *Open space uses, public or private,which emphasize use of *Archery ranges *Caretakers'residences per
General Open apace land with little or no building development *Horse stables,commercial or non-commercial,per MC MC
(GOS) *Animal grazing *Golf driving ranges
*Athletic fields
*Amphitheaters
*Bicycle rentals
*Farming,crop and tree
*Flood control channels and related structures
*Golf courses(not miniature)
*Parks
*Greenhouses,plant nurseries or storage(excluding
wholesale/retail sales)
*Reservoir facilities and access roads
GLENDALE FEDERAL PLANNED COMMUNITY CDP DEVELOPMENT STANDARDS
Private Open
Space North Public South Public
Parcel A Parcel B Parcel CParcel D Parcel E Parcel F Parcel H Open Space Land Land
Single- Mixed-Unit Mixed-Unit fixed-Unit .Mixed-Unit Mixed-Unit Single Grading Natural Open General Open
Cfes'ction Famil SF MU MU MU
el Mt3 MU Family SF) (OSG) Space NOS Space GO§ ;
Min.Lot Size 5,000 s.f. =ground floor =ground floor =ground floor =ground floor =ground floor 5,000 s.f. N/A
area of d.u.+ area of d.u.+ area of d.u. + area of d.u.+ area of d.u. +
balconies, balconies, balconies, balconies, balconies,
patios,& patios,& patios,& patios,& patios,&
garages garages garages garages garages
.Min.Street Frontage as approved N/A NIA N/A N/A N/A as N/A
approved
Min.Front Setback N/A N/A N/A N/A N/A "
Min.Side Setback NIA NIA NIA N/A N(
Min. Rear Setback N/A N/A N/A N/A N/A "
MARBELLA GOLF & COUNTRY CLUB CDP 86-04
June, 1987
Districts Permitted Uses.and Structures Permitted Conditional Uses Permitted Accessory Uses Temporary'Uses
Custom Fairway/ *Single-family residences,detached *Home occupations per MC *Model homes
Residential(CF;) *Parks,public and private *Uses incidental to operation of *Temporary real estate offices and
permitted use signs within subdivisions per MC
*Real estate signs per MC
*Future development signs per MC
Fairway Residential(FR) *Single-family residences,detached *Home occupations per MC *Model homes
*Parks,public and private *Uses incidental to operation of ''Temporary real estate offices and:
permitted use signs within subdivisions per MC
*Real estate signs per MC
`Future development signs per MC
Villas Multi-Family *Dwellings, multi-family *Home occupations per MC *Model homes
Residential(MF) *Parks,public and private *Uses incidental to operation of *Temporary real estate offices and
permitted use signs within subdivisions per MC
*Real estate signs per MC
*Future development signs per MC
Neighborhood *Convenience retail sales *Hardware,paint,floor,wail covering *Outside sales,displays&storage per *Real estate signs per MC
Commercial(CN); *Convenience services shops MC *Future development signs per MC
*Financial services *Bicycles Uses incidental to operation of
*General office uses *Hotel facilities and incidental facilities permitted use
*Medical/dental offices(max,of 3) related to said use
*Eating and drinking establishments
Commercial Office(CO) *Retail sales *Eating establishments and restaurants *Caretaker residences per MC *Temporary real estate offices and
*General office uses *Full-care retirement facilities(per SPD *Uses incidental to operation of signs within subdivisions per MC
*Financial and real estate services district) permitted use *Real estate signs per MC
*Public and semi-public uses(excluding *Hotel facilities and incidental facilities *Future development signs per MC
schools,police,etc.) related to said use
*Business/vocational/professional schools *Residential uses(apartments/
*Conference facilities multi-family/townhomes/single-
family detached
Golf Course{GC} , *Recreation and sports facilities which focus on *Dancing and live entertainment *Eating and drinking establishments
active recreational uses(i.e.private golf course, *Beer,wine,and liquor licenses,on- (except no drive-in ordrive-thru)(CUP `
racquet club,tennis facilities,swimming pools, sale,for alcohol consumed on for alcohol or live entertainment
a facilities )
health and spa ) premises *Pro accessory shops incidental to
*
*Eating establishments for food and hiking trails
permitted use
consumed in;prinicipai permitted use *Caretaker residence per MC
*Retail sales *Game machines(3 or less)
Open Space(OS) *Flood control channels and related structures
*Parks
*Trails
*Bikeways
Public Institutional(1P) *Fire station *Caretaker residences per MC *Temporary real estate offices and
*Community center,cultural center 'Uses incidental to operation of signs within subdivisions per MC
permitted use *Real estate signs per MC
*Future development signs 2er MC
Private Open
Parcel A Parcel B Parcel C Parcel U Parcel E Parcel F Space North Public South Public
Parcel H Open Space Land land
Single- Mixed,Unit Mixed-Unit Mixed-Unit Mixed-Unit Mixed-Unit Single- Grading Natural Open General Open
Descrj bort
Family SF Mt) MU MU MU MU Famii • SF " (OSCE), Space NOS Space GOS
Min.Separation Between 2-family:20' 2-family:20' 2-family:20' 2-family:20' 2-family:20'
Buildings except when except when except when except when except when
exterior walls exterior walls exterior walls exterior walls exterior walls
are at angles are at angles are at angles are at angles are at angles
to each other: to each other: to each other: to each other: to each other:
15'(with 15'(with 15'(with 15'(with 15'(with
average average average average average
separation of separation of separation of separation of separation of
20') 20') 20') 20') 20')
Multiple- Multiple- Multiple- Multiple- Multiple-
family: 15' family: 15' family: 15' family: 15' family: 15'
Residential Residential Residential Residential Residential
building and building and building and building and building and
any any any any any
garage/carpor garage/carpor garage/carpor garage/carpor garage/carpor
t or detached t or detached t or detached t or detached t or detached
accessory accessory accessory accessory accessory
structure:5' structure:5' structure:5' structure:5' structure:5'
Off-Street Parking 2/d.u.garage SF detached: SF detached: SF detached SF detached: SF detached: 2/d.u.
2 per d.u. 2 per d,u. 2 per d.u. 2 per d.u. 2 per d.u, garage
visitor spaces garage garage garage garage garage
per MG if no visitor
street parking Two-family/ Two-family/ Two-family/ ; " Two-familyt Two-family/ spaces per
is provided multiple multiple multiple multiple "' multiple MG if no x
dwellings: dwellings: dwellings: dwellings dwellings: street
2 per d.u.in 2 per d,u.in 2 per d.u.In 2 per dmin•.! 2 per d.u.in parking is
garage, garage, garage, garage garage. provided
50%of d.u, 50%of d.u. 50%of d,u. 50%of d u, 50%of d.u.
may provide 1 may provide 1 may provide-1 may provide 1 may provide 1
garage,1 garage, 1 garage, 1 garage, 1 garage, 1
carport if carport if carport if carport if carport if
main entry to main entry to` main entry to main entry to main entry to
unit is not unit is not unit is not units not unit'is not
through through �/ through through through
carport.-&'h carport.-&12 carport.-&'/2 carport.-&l carport.-&'l2
space per d.u. space per d.0 space per d.u. space per d.u, space per d.u.
Visitor visitor visitor visitor visitor ,
parking parking. parking, parking,
parking,
All other-,, All either All other All other All other
regulations regulations regulations regulations regulations
per MG. per MC. per MO. per MO. per MC.
Recreational Facilities Outdoor Outdoor Outdoor Outdoor Outdoor
recreation recreation recreation recreation recreation
facilities to be facilities to be facilities to be facilities to be facilities to be
provided. provided. provided. provided. provided.
Max.LNo.,bweliing.Units 27 85 286 256 267 236 63
'ataf22Q"
Description _CFFR MF CN CO GC OS IP
Patios Use of plastic,aluminum or other
metal structures or covers is
prohibited.
FORSTER CANYON PLANNED COMMUNITY CDP 81-01
Districts. Permitted Uses and Structures ' Perm'itted, ooitional Uses Permitted Accessory Uses TemporaryUses
Estate Residential(ER) *Single-family,detached *Child day care center *Home occupation per MC *Model homes
*Parks/playgrounds,public and private *Kennels,non-commercial per MC *Keeping of domestic pets incidental to *Temporary real estate offices and
*Riding/hiking trails *Equestrian facilities(i.e.stables/riding principal residential use(non-commercial) signs within subdivisions per MC
*Equestrian facilities clubs,etc.) *Horticultur,unlighted and unenclosed by *Real estate signs per MC
*Recreation facilities structures(non-commercial) *Future development signs per MC
*Recreation or community centers(non- *Use of mobile home residence
commercial),public or private during construction per MC
*Uses incidental to operation of permitted use
*Signs per MC
Country;Residential(CR) *Single-family,detached *Child day care center *Home occupation per MC *Model homes
*Parks/playgrounds;public and private *Kennels,non-commercial per MC *Keeping of domestic pets;incidental to *Temporary real estate offices and
*Rid'ing/hiking trails *Equestrian facilities(Le.stables/riding principal residential use(non-commercial) signs within subdivisions per MC
I *Equestrian facilities clubs,etc.) *Horticultur,unlighted and unenclosed by
'Real estate signs per MC
*Recreation facilities �� *Schools,public and privatestructures(non-commercial) `Future development signs per MC,
*Recreation or community centers(non- *Use,of mobile horne residence
Recreational vehicle storage commercial),public or private during construction per MC
prohibited: *Uses incidental to operation of permitted use
*Signs per MC
Village Residential(VR) *Single-family,attached/ *Child day care center *Home occupation per MC N/A
detached *Recreation and community centers,non-
*Multi-family attached(townhouses, commercial,public or private
apartments,or bungalows) *Uses incidental to operation of permitted use
*Parks,public or private *Signs per MC
Garden Residential(GR) *Single-family,attached/ "Child day care center *Home occupdtion per MC; NIA
detached *Recreation and community centers,non-
"Multi-family attached(townhouses, gcommercial,{public or private
apartments or bungalows} a `i 'Uses incidental to operation of permitted use
*Parks,public or private
*Signs per tv1C
Vista Residential(VIR) *Single-family,detached *Child day care center *Home occupation per MC *Model homes
*Parks,public and private *Kennels,non-commercial per MC *Keeping of domestic pets incidental to *Temporary real estate offices and
*Equestrian facilities(i.e.stables/riding principal residential use(non-commercial) signs in subdivisions per MC
clubs,etc.) *Horticultur,unlighted and unenclosed by *Temporary use of mobile home
structures(non-commercial) residence during construction per MC
*Recreation or community centers(non- *Real estate signs per MC
commercial),public or private *Future development signs per MC
*Uses incidental to operation of permitted use
*Signs per MC
Public'Institut:onal(PI) *Educational uses,public or private N/A NIA NIA ;
(i.e.child day care centers, ;
preschools/nursery schools(� � 1 r s
'Religion-related uses
*Public/semi oubllc buliding$,SerV3Ce5
i
and facilities r "{
MARBELLA GOLF & COUNTRY CLUB CDP DEVELOPMENT STANDARDS
Desc r'llq tionCF FR` MF CN CO 610 . OS iR:
Min.Lot Size 6,000 s.f. 4,000 s.f. N/A 7,200 s.f. 7,200 s.f.
Ain.Street Frontage 60' 50' 50' ' 100` 100' Perapproved
site plan
Min.Cul-De-Sa,s 35' 35'
Street Frontage
Min,Front Yarc(s 20' 20'-except in 20' 20' 20' 20' Per approved
Tract 14181: 1-story side-loaded site pan
garage setbacks for Lot 2:10'
Lot 3: 10'
Lot 4: 15'
Lot 7: 15'
Lot 22: 12'
Lot 23: 15'
Lot 24;15'
Lot 27: 15'
Min.Side Yards total of 15'/min.5' Total of 157min.5' 5' 20' 20' 20' Per approved
site plan
1lA�n.Rear Yards 25' 20' '= 5' 20' 20' 20' Per approved
site plan
No roofed or trellised structures No roofed or trellised structures
separate from main structure separate from main structure permitted
permitted in setback area(Le, in setback area(i.e.gazebos)
gazebos)
Min.Open Arezi 30% 25% 20% 20%
max He1igEt4 of3612 stories 35'/2 stories 35'2 stories 35`!2 stories 35`12 stories 35'12 35'!2 stor'ses
Principal Structure stories
Max.Height of 25' 25' 25'
Accessory Structures
Min.Building 10'
Separation
�'
Max.Combined 3,600 ADT in 3,600 ADT
Leasable Floor Area combination in
with SPD site combination
with CN site
Building Site Area Per Per approved
approved site plan
site pian'
Pools/spas Min.5'from rear lot line or top of
slope.
FORSTER CANYON PLANNED COMMUNITY CDP DEVELOPMENT STANDARDS
RESIDENTIAL DISTRICTS
pescri tto 'CR /tl� CR ;;VR•
Min.Lot Size 30,000 s.f. 7,500 s.f. 5900 s.f.: 50%of lots 5000 s.f.:40%of lots
6450 s.f.:25%of lots 6000 s.f.:40%of lots
6660 s.f.:25%of lots 7000 s.f.:20%of lots
Min.Building pad area:6000 s.f.
5000-6000 s.f.lot sizes to be
adjacent to recreation open space
Min.Street 135{interior lots}; 60'(interior lots); 55':5900-6449's.f,
Frontage 150'(earner tots} 65'(canner lots) 57°:6450'6659 s,f.
60':6660-s.0
Min.Lot Width 135'measured from front 60'from front setback line 50'from front setback line 50'from front setback line
setback line for 1-story
dwellings Min. Driveway apron width:20'
a.
Panhandle Lots *20'min,street frontage *20'min.street frontage X20`min.street frontage *20'?min,street frontage
*Access corridor use by fee 'Access corridor use by fee *Access corridor use by fee *Access corridor use by fee owner
owner only owner only owner only only;
*Access corridor,not *Access corridor not included *Access corridor not included in *Access corridor not included in
included in required lot area in required lot area required lot area required lot area
'Max.2 for adjacent *Max.'2 for adjacent *Max.2 for adjacent panhandle *Max.2 for adjacent panhandle lots 5
panhandle lots panhandle lots lots *Each or pair of lots to be r r
`Each or pair of lots to be *Each or pair of lots to be *Each or pair of lots to be separated by 5 regular lots
separated by 5 regular lataseparated by 5 regular lots separated by 5 regular lots *Must be min.of 55`from street
*Must be shin,of 55'from *Must be min.of 55'from *Must be min.of 55'tro€rs street intersection
street intersection street intersection intersection
Min.Front Setback 30'/1 story 20' 20' 30' 20'between structures
4072 story and A Street
10'for side entry attached 15'for side entry garges(1 story) 30'between structures
garages on lots=>6660 s.f. within 20' and B Street
10'between structures
and private streets
10'between clusters of
attached units
10'min. From property
lines
Min Side Setback 201 story 10' . 20'exterior side of corner lot 20'exterior side of corner lot
t 25',12 story 10'for side adjacent to adjoining 5'for 1 story edge{max.Height of
lot with 10'side setback 10'
}
yE . .. . 10`for 2 story edge(max.Height
5'for side adjacent to adloshmg' over 10')
lot with 5 side setback 5'for side adjacent to adjoining lot
='
with 5'side setback. x�
Min.Rear Setback 30' 25' 20' 20'
E?'
Toe of Side Slope 6'
Districts" Permitted Uses an&Structures Permitted ConditionalUses Permitted Accessory Uses Temporary Uses
Research and *Garden office uses N/A *Uses incidental to operation of permitted use *Model units
Development/CFffice(RD) *General office/professional serving needs of companies in immediate area *Temporary real estate offices and
*Corporate offices(headquarters) *Uses to reduce vehicles miles traveled(i.e. signs in subdivisions per MC
*Education research institutions(public telecommunications centers,child care center, *Real estate signs per MC
or private) business support services,sandwich shops, *Future development signs per MC
*Scientific R&D firms personal services)
*Laboratory services
*Computer/clerical/data processing
firms
General Open Space *Flood control channels and related *Animal grazing N/A N/A
(GOS) strictures *Farming,crop and trees
*Parks
*Trails
Recreation Open Space *Open space recreation uses,public or *Equestrian facilities N/A N/A
(ROS) private,which focus on use of outdoor *Amphitheaters
areas rather than building development *Swimming pools
(i.e.athletic fields,and other active *Golf course and drive range i
parks uses)
Village Resideritial•Mesa *Single-family,attached/ *Child day core center *Home'occupation per MC N/A
(VRMj detached *Recreation and community centers,non-
*Multi-familyattached(townhouses, commercial, public or private
apartments or bungalows) *Fuses incidental to operation of permitted use
*Parks,public or private '*Signs per MC
Mesa Residential(MR) *Single-family,detached *Child day care center *Home occupation per MC *Model homes
*Parks,public and private *Kennels,non-commercial per MC *Recreation and community centers,non- *Temporary real estate offices and
*Equestrian facilities(i.e.stables/riding commercial,public or private signs in subdivisions per MC
clubs,etc.) *Uses incidental to operation of permitted use *Temporary use of mobile home
*Signs per MC residence during construction per MC
*Real estate signs per MC
*Future development signs per MC
Senior Housingl,(SH) *Affordable senior housing rental units' N/A *Recreation and community centers,non- *Temporary use of;mobile home
(20%for loud-income; 10%for,very low- commercial,public or private residence during,construction per-MG,
income)for 30 years for persons 55 *fuses incidental to operation of permitted use *Real estate signs per MC
ears or older
*Signs per MC' . *Future development signs per MC.
Desai tion► ER GR VIR MR GR UR
Min.Separation to 6' 6' 6'
Accessory
Structure Setbacks for Accessory Setbacks for Accessory Setbacks for Accessory Structures:
Structures: Structures:
From interior lot line:=height From interior lot line:=height of From interior lot line:=height of
of structure structure structure
From exterior lot line:25' From exterior lot line:25' From exterior lot line:25'
Max.Building 3572 stories 3572 stories 3572 sto`r'ies 3572 stories
Height Max.Accessory structures: Accessory Structures:20' Accessory Structures:20' Accessory Structures; 20'
Per MC with max,25'
Max.Projections Chimney:30" Chimney:30" Chimney:30" Chimney:30"
into Setback Stairs:36" Stairs:36" Stairs:36" Stairs:36"
Eaves:36" Eaves:36" Eaves:36" Eaves:36"
Off-.Street Parking
Recreational Per MC Recreational vehicle storage
Facilities Recreational vehicle storage available through off-site storage
prohibited. facilities per MC
Max.Lot Coverkige 2-story:20% 7500-7999: For 2 story d.u.; 1 story: 55% Common open space to
1-story:25% 4,500 max.Unit area 5500-5899: 2 story:65% be integrated
2700 max. Floor area 3600 max.Unit area;2330 max, throughout development
8000-8499: Floor area;39ofo max. Lot 5000-5999: and designed to
4600 max,Unit area coverage 3300 max. Floor area "pedestrian"scale
2760 max. Floor area 5900-6449: 2000 max.Ground floor area
8500-8999: 4375 max. Unit area;2586 max, 39%max.Lot coverage.
4700 max.Unit area Floor area;43%max.Lot 6000-6999:
2820 max.Floor area coverage 3500 max,floor area
9000-9499; 6450-6659: 2150 max.Ground floor area
4800 max.Unit area 4700 max. Unit area;2720 max, 43,%max.Lot coverage.
2880 max.Floor area Floor area;42%max.Lot 7000-7499:
9500-9999: coverage 3700 max. Floor area
4900 max.Unit area 6660+ 2200 Max.Ground floor area
2940 max , door area 4825 max.Unit area;2736 max. 42%max.Lot coverage.
10000+: Floor area;42%max.Lot 7500+:Max,Floor area:NIA
For 2 story bldg., coverage Max.Ground Floor Area:N/A
2nd floor shall not exceed Max. Lot coverage:42%
65%of area of'1st floor. For 1 story d.u.:
Max,Coverage:30°l0 5500-5899:
2395 max.Unit area;41%max.
Lot coverage
5900-6449:
2730 max.Unit area;46%max.
Lot coverage
6450-6659:
3115 max.Unit area;48%max.
Lot coverage
6660+:
3210 max.Unit area;48%max.
Lot coverage
Max.No. Dwelling 790 d.u.:240 attached sf; 100 lots 196 lots
Units 385 detached sf; 165 senior
hsg.units
a �
-•v
- S11AN CAPISTRANO
MISSION V I EJ O }ili7gPDllilt
ISI 1114,& � sl
t a T ZONING A4AP
GOS ' •
GOS-\\ M Adopted by Ordinance No. ,
DQ
' ✓'i
c This is to certify that this is the
' a7 / �`� � ,• .X11,.
Official Zoning Map referred to in
P,&, , Section 9-1 of the Muinicipal code
PRso b -,- 5---+�� of the City of San Juan Capistrano.
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P&1 City RSE-40,000 Ci Clerk
lam, ' Attest
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p, CMS\ GOS
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(CDP 81-2)
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CM SAN CLEMENTE
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®ANA POINT
RZ&DESCRIPTION ADOPTED: RZ&DESCRIPTION ADOPTED:
LEGEND:
BASE DISTRICTS: OVERLAY DISTRICTS:
A ACtiRECUMPLIZZ.AL RM MULTIPLE FAMILY GOS GENERAL OPEN SPACE The applicability of each of the following Environmental Overlay Districts to any Individual
parcel shall be determined in accordance with that District's applicable district regulation in
HR HILLSIDE RESIDENTIAL AF/SH AFFORDABLE FAMILY/ OSR OPEN SPACE RECREATION Title 9 of the Municipal Code..-The relevant code sections are identified in parentheses.
SENIOR HOUSING
RA RESIDENTIAL/AGRICULTURE MHP MOBILE HOME PARK NP NEIGHBORHOOD PARK FM FLOODPLAIN MANAGEMENT N NOISE MANAGEMENT
CP COMMMUNITY PARK DISTRICT(9-3.407): DISTRICT(9-3.413)
RSE-40,000 SINGLE FAMILY-40,000 PC PLANNED COMMUNITY
RSF-20,000 SINGLE FAMILY-20,000SP SPECIALTY PARK
TC TOURIST COMMERCIAL HP CULTURAL RESOURCES/ RP RIDGELINE AND OPEN
RP REGIONAL PARK HISTORIC PRESERVATION SPACE PRESERVATION
RS-10,000 SINGLE FAMILY-10,000 OC OFFICE COMMERCIAL DISTRICT(9-3.411) DISTRICT(9-3.415)
RS-7,000 SINGLE FAMILY-7,000 NC NEIGHBORHOOD COMMERCIAL NOS NATURAL OPEN SPACE
RC RECREATION COMMERCIAL WITH'**ARE SUBJECT TO 9-3.207.
IN AREAS INDENTIFIED
GC GENERAL COMMERCIAL
RS-4,000 SINGLE FAMILY-4,000 THE ZONING DISTRICT SHOWN IS THE
CM COMMERCIAL MANUFACTURING FM FARM MARKET EXISTING INTERIM USE.THE LAND USE
SHOWN IN PARENTHESES IS THE FUTURE
RG-7,000 RESIDENTIAL GARDEN-7,000 ZONING DISTRICT.
IF, INDUSTRIAL PARK SWF SOLID WASTE FACILITY
RG-4,000 RESIDENTIAL GARDEN-4,000 P&1 PUBLIC AND INSTITUTIONAL SP/PP SPECIFIC PIAN/PRECISE PLAN
0 1000 2000 4000 Ft
C,
Exhibit "C
District Max. Min. Min. One Story Two Story Bldg.
Density/ Lot Street Ht.
Acre Area Front- Floor Area Ratio
age Min. Min. Min. Floor Min. Min. Min.
Front Side Rear Area Front Side Rear First %2nd
Yard Yard Yard Ratio Yard Yard Yard
Floor! Floor to
lot 1st
area Fioor
RA 0.4 2.5 150 30 20 25 0.12 30 20 25 0.12 75% 35
acre
HR Refer to 10,00 60 25120 15/5 25120 0.40 25120 1515 25/20 0.35 80% 35
Section 0
3.301
RSE- 1 40.00 150 30 20 25 0.15 30 20 25 0.15 75% 35
40,000 DU/acre 0 sq.
ft.
RSE- 2 20,00 90 30 10 25 0.25 30 10 25 0.25 80% 35
20,000 DU/acre 0 sq.
ft.
RS- 3.5 10,00 60 20 1015 25 0.40 20 10 25 0.35 80% 35
10,000 DU/acre 0 sq.
ft.
RS- 5 7,000 60 20 5 20 0.45 20 1015 20 0.32 60% 35
7,000 DU/acre s%ft.
RS- 8 4,000 50 18 5 16 0.50 20 10/5 20 0.35 80% 35
4,000 DU/acre sq.ft.
RG- 5 7,000 60 20 10/5 20 0.45 20 1015 20 0.32 80% 35
7,000' DU/acre sq.ft.
RG- 8 4,000 50 18 1010 16 0.50 20 10/5 20 0.35 80% 35
4,000' DU/acre sq.ft.
RM 18 t acre 150 30 20 20 NA 30 20 20 NA NA 35
DUlacre
ARSH 25 1 acre 150 3020 A2GJ30 20 20 NA NA 35
DU/acre
MHP See Section 9-3.408 of Titie 9 of Municipal Code
IndiOdual setbacks for mobile homes shall be per State Regulations
Planned See Section 9-3.410 of Title 9 Municipal Code
Commun
it
y
Residential Garden District allows attached units with zero tot line.
SP