Ordinance Number 1042ORDINANCE NO. 1042
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
TITLE 1, GENERAL PROVISIONS, TITLE 5, PUBLIC
WELFARE, TITLE 6 SANITATION AND HEALTH, AND
TITLE 9, LAND USE, CHANGING ENFORCEMENT
PENALTIES AND CLARIFYING REGULATIONS OF LOUD
NOISE, OTHER NUISANCES, AND LODGING USES
CITYWIDE
WHEREAS, for some time the current zoning code has banned transitory
lodgings, as "boarding houses," in most residential zoning districts; and
WHEREAS, in spite of that, from time to time property owners have attempted to
rent out their properties as transitory lodgings in violation of the zoning code; and
WHEREAS new, internet-based technologies have dramatically altered the
nature of the transitory -lodging industry in terms of the offering and acquisition of rentals
and the number of people attracted to transitory lodgings in residential zones; and
WHEREAS, an increasing number of people are illegally renting lodgings in
residential zones, lodgings are a more intense use than domiciles, and the operation of
lodgings in residential zones escalates the demand for City services and creates
adverse impacts on the residential environment; and
WHEREAS, the City and sheriff have received and continue to receive
complaints regarding excessive noise, parking, litter, disorderly conduct, and concerns
regarding security and public safety at illegal lodgings; and
WHEREAS, the City, by virtue of the police powers delegated to it by the
California Constitution and statute, has the authority to enact laws to promote the
health, safety, and general welfare of its residents; and
WHEREAS, the negative impacts of illegal transitory lodgings are not isolated to
the City but are a matter of statewide concern, which many cities have recently
regulated. The problem also has regional implications in that the regulatory actions of
neighboring cities can exacerbate the negative impacts of legal and illegal transitory
lodgings in residential areas of the City if the City does not adopt and enforce
appropriate regulations to promote the health, safety, and general welfare of its
residents; and
WHEREAS, the intent of this amendment is to protect the public health, safety,
general welfare, and quiet enjoyment of residential property, rather than to punish; and
WHEREAS, the City desires to protect neighborhoods from nuisances and other
adverse effects resulting from the illegal operation of transitory lodgings; and
1 Ord 1042
WHEREAS, residents have expressed public -safety and general health and
welfare concerns about adverse effects of illegal transitory lodgings; and
WHEREAS, the proliferation of illegal transitory lodgings impacts the residential
character of neighborhoods; and
WHEREAS, the commercialization of residential properties, and the proliferation
of illegal transitory lodgings in particular, drives up rents by reducing the stock of
affordable housing; and
WHEREAS, state law has changed over the years and some of the City's
definitions of land -use terms no longer reflect the terminology used in state law; and
WHEREAS, developments in the law unrelated to land use require the City to
update some of its code provisions that address penalties and enforcement; and
WHEREAS, City staff and the City Attorney have identified provisions of the Code
that are unnecessarily complicated or ambiguous and potentially difficult for members of
the public to navigate and City staff to implement; and
WHEREAS, City staff and the City Attorney recommend that the City clarify these
provisions; and
WHEREAS, the City Council has reviewed and considered the agenda reports
prepared in connection with those hearings (including the policy considerations
discussed therein) and the written and oral testimony received in those hearings; and
WHEREAS, the City Council has also reviewed and considered the Planning
Commission's recommendation, and the agenda report and other evidence that was
considered by the Commission, in connection with the proposed amendments that affect
the City's zoning code; and
WHEREAS, State CEQA Guidelines sections 15378(b)(2) and 15378(b)(5) provide
that ongoing administrative activities and organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment do
not constitute a "project" as defined by the State CEQA Guidelines (Cal. Code Regs., tit.
14, § 15000 et seq.) and therefore are exempt from CEQA and no further environmental
review is required
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council here incorporates and adopts the foregoing recitals and
accompanying staff report as findings as though they were fully set forth herein.
2 Ord 1042
Section 2. Compliance with the California Environmental Quality Act.
Based upon all the evidence presented in the administrative record, including but
not limited to the staff report for the proposed Zoning Amendment, the City Council hereby
finds and determines that the proposed Zoning Amendment is not a "project" for purposes
of CEQA and is exempt from further CEQA review pursuant to State CEQA Guidelines
sections 15378(b)(2) and 15378(b)(5). Specifically, this Zoning Amendment clarifies
already existing Municipal Code provisions, will allow the City to better enforce existing
prohibitions, will bring the Municipal Code into line with state law, and will not allow any
new or different land uses than are already permitted in the City's Zoning Code.
Therefore, this Zoning Amendment constitutes ongoing administrative activities and will
not result in any direct or indirect physical changes in the environment. No further
environmental review is necessary at this time.
Section 3. With regard to Code Amendment 16-004, the City Council finds as
follows:
1. The proposed Zoning Amendment is consistent with the General Plan
because it provides for the fulfillment of the General Plan's intent and
policies, including:
A. Land Use Goal 2, which states, "Control and direct future growth
within the City to preserve the rural village -like character of the
community," and Land Use Policy 2.2, which states, "Assure that
new development is consistent and compatible with the existing
character of the City," in that the disturbances caused by illegal
transitory -lodging uses in residential neighborhoods are a threat to
the public health, safety, general welfare, and to the quiet
enjoyment of residential property, and the proposed amendment
limits the use of residential property for transitory -lodging purposes
to a level of impact that maintains compatibility with surrounding
residential neighborhoods by clarifying existing regulations from
being established in all but two residential zoning districts.
B. Land Use Goal 7, which states, "Enhance and maintain the
character of neighborhoods," and Land Use Policy 7.1, which
states, "Preserve and enhance the quality of San Juan Capistrano
neighborhoods by avoiding or abating the intrusion of non-
conforming buildings and uses," in that the disturbances caused by
illegal transitory -lodging uses in residential neighborhoods are a
threat to the public health, safety, general welfare, and to the quiet
enjoyment of residential property, and the proposed amendment
limits the use of residential property for transitory -lodging or
commercial treatment purposes to a level of impact that maintains
compatibility with surrounding residential neighborhoods by
clarifying existing regulations from being established in all but two
residential zoning districts.
3 Ord 1042
C. Land Use Policy 1.2, which states, "Encourage commercial, tourist -
oriented, and industrial development that is compatible with existing
land uses within the City to improve the generation of sales tax,
property tax, and hotel occupancy tax," in that the proposed
amendment allows for the focused continuation and potential
expansion of transitory -lodging uses in limited higher -density
residential zoning districts and in non-residential zoning districts.
D. The current Housing Element, which states that "Location of
housing is also an important factor for many persons with
disabilities, as they often rely upon public transportation to travel to
necessary services and shops," in that to the extent that transitory -
lodging uses might serve persons with disabilities, those persons
will benefit from the proposed location of those uses in and around
higher density residential areas where public transportation is
available.
E. Noise Goal 1, which states "Minimize the effects of noise through
proper land use planning," and Noise Policy 1.1, which states
"Utilize noise/land use compatibility standards as a guide for future
planning and development decisions," in that the proposed
amendment places transitory -lodging uses, which tend to generate
more noise than typical single-family residences, in areas that are
more compatible with higher noise levels.
F. Noise Goal 2, which states "Minimize transportation -related noise
impacts," Noise Policy 2.1, which states "Reduce transportation -
related noise impacts to sensitive land uses through the use of
noise control measures," and Noise Policy 2.2, which states
"Control truck traffic routing to reduce transportation -related noise
impacts to sensitive land uses," in that the proposed amendment
locates transitory -lodging uses, which on average generate more
trips than do long-term residential uses, in areas that are
compatible with higher noise levels.
G. Noise Goal 3, which states "Minimize non -transportation -related
noise impacts," and Noise Policy 3.1, which states "Reduce the
impacts of noise -producing land uses and activities on noise -
sensitive land uses," in that the proposed amendment locates
transient -lodging uses, with their higher noise levels, among
compatible uses and away from more noise -sensitive residential
areas.
H. Community Design Goal 1, which states "Encourage and preserve
a sense of place," and Community Design Policy 1.3, which states
"Encourage the participation of all members of the community in
activities which promote the City and create local pride," in that the
4 Ord 1042
proposed amendment strikes a balance between the desire for
appropriate transitory -lodging uses to serve visitors, who do not
often engage in community activities, and permanent -residence
uses that invite and facilitate long-term residents who are more
likely to participate in community activities and invest their time and
energy in building the community.
The current Housing Element, which recognizes that the City has
an overcrowding problem and "does not have an adequate supply
of affordable housing and/or housing units," for long-term residents,
"especially for large families," in that the proposed amendment
establishes appropriate and balanced restraints on transitory -
lodging uses to prevent the unchecked conversion of long -term -
housing stock to potentially more profitable transitory -lodging uses.
2. The proposed Zoning Amendment will not adversely affect the public
health, safety, or welfare, in that the proposed amendment achieves the
goals of the General Plan as they relate to residential zones for the
reasons listed above. Additionally, the proposed amendment assuages
the negative impacts created by new, internet-based technologies that
have dramatically altered the nature of the short -term -rental industry in
terms of the offering and acquisition of rentals, the number of people
staying in transitory lodgings in residential zones, and the impact that
these uses and transitory populations have on traditional residential
neighborhood settings by appropriately transitory -lodging uses to maintain
compatibility with surrounding residential neighborhoods. Furthermore, the
negative impacts of short-term lodgings and other interim uses are not a
problem that is isolated to the City but are a worldwide issue and which
many cities have recently regulated. The problem has regional
implications affected by the regulatory actions of neighboring cities that
could escalate the negative impacts of illegal transitory lodgings in
residential zones if the City does not have clear and appropriate zoning
standards to promote the health, safety, and general welfare of its
residents. The proposed amendment preserves the existing restrictions on
transitory -lodging in residential zones to maintain compatibility with
traditional neighborhood environments, while also clarifying terms and
their application.
Section 4. Chapter 2 of Title 1 of the municipal code is hereby amended to
add or revise the following sections as follows (sections not listed are not changed):
Sec. 1-2.01. Violations.
(a) No person shall violate any provision, or fail to comply with any of the
requirements of this code, any duly adopted code, or any state or federal
law or regulation. Each such person shall be guilty of a separate offense
for each and every day during which such violation continues.
5 Ord 1042
(b) Any person violating any of the provisions or failing to comply with any of
the mandatory requirements of this Code, any duly adopted code, or any
state or federal law or regulation, shall be guilty of a misdemeanor unless
this Code expressly declares the particular violation to be an infraction.
However, any violation that constitutes a misdemeanor under this Code
may be prosecuted by the City Attorney and cited by the issuing officer as
an infraction at his or her discretion.
(c) Any person convicted of a misdemeanor for a violation of any provision of
this code, shall be punished by a fine of not more than one thousand
dollars ($1,000.00) or by imprisonment in jail for a period not exceeding
six months, or by both such fine and imprisonment.
(d) Any person convicted of a violation determined to be an infraction under
the provisions of this code, or any duly adopted code, or any state or
federal law or regulation, shall be punished by a fine not exceeding one
hundred dollars ($100.00) for the first violation, a fine not exceeding two
hundred dollars ($200.00) for a second violation of the same ordinance
within one year, and a fine not exceeding five hundred dollars ($500.00)
for each additional violation of the same ordinance within one year.
(e) Notwithstanding subsection (d), any person convicted of a violation
determined to be an infraction under the provisions of any city building and
safety code, or any duly adopted building and safety code, shall be
punished by a fine not exceeding one hundred dollars ($100.00) for the
first violation, a fine not exceeding five hundred dollars ($500.00) for a
second violation of the same ordinance within one year, and a fine not
exceeding one thousand dollars ($1,000.00) for each additional violation
of the same ordinance within one year.
(f) In addition to the penalties hereinabove provided, any condition caused or
permitted to exist in violation of any of the provisions of this code, or any
state or federal law or regulation, shall be deemed a public nuisance and
may be summarily abated, as such, in any manner prescribed by law.
Sec. 1-2.02. Prohibited acts.
(a) Whenever in this Code any act or omission is made unlawful, it shall
include causing, permitting, aiding, abetting, suffering, or concealing the
fact of such act or omission.
(b) It is a separate violation of this Code for any responsible party to advertise
an activity or use that is itself a violation of this Code and that is advertised
to take place within the City. For purposes of this subsection 1-2.02(b), a
responsible party includes the property owner, business owner, operator,
manager, lessor, lessee, and any other person that conducts or offers to
conduct the illegal activity or use, but it does not include a person who
6 Ord 1042
publishes the advertisement, such as a newspaper publisher or online
booking service.
Sec. 1-2.03. [Reserved].
Sec. 1-2.04. [Reserved].
Sec. 1-2.05. [Reserved].
Sec. 1-2.06. Fees, fines, costs, charges, and taxes made a civil debt.
The amount of any fee, fine, costs, service charge, utility charge, license, or tax
of any nature whatsoever imposed by any provision of this Code shall be
deemed a civil debt owed to the City. An action may be commenced in the name
of the City in any court of competent jurisdiction for the collection of the amount
of any such delinquent or unpaid fee, fine, costs, service charge, utility charge,
license, or tax, together with any penalties applicable thereto as prescribed by
this Code. The remedy prescribed by this section shall be cumulative, and the
use of an action to collect such an amount as a debt by civil action shall not bar
the use of any other remedy provided by this Code or by law for the purpose of
enforcing the provisions thereof.
Sec. 1-2.07. [Reserved].
Sec. 1-2.10. Nuisances —Recovery of abatement expenses.
(a) Whenever any person creating, causing, committing, or maintaining a
public nuisance, has been given notice, by or on behalf of the City
Attorney or by any other City officer, employee, or policing agent
authorized to give such notice, to abate such nuisance or cease and
desist from continuing such nuisance or violation of law, and such person
fails, refuses, or neglects to comply with the notice within the time
specified therein, or if such a time is not specified, then within a time
reasonably sufficient to enable such compliance, such noncomplying
person shall be liable to the City for any and all costs and expenses to the
City involved in abating the nuisance and in obtaining compliance with or
enforcing the law as referred to or encompassed within the notice.
(b) Costs and expenses, as referred to in subsection (a) of this section, may
include, but are not limited to, any and all direct costs and expenses
related to such things as personnel salaries and benefits, operational
overhead, rent, interest, fees for experts or consultants, legal costs and
expenses, including attorneys' fees, claims against the City arising as a
consequence of the nuisance or violation, and procedures associated with
collecting monies due hereunder.
(c) The liability of any person for the payment of the costs and expenses
provided for in this section may be waived in whole or in part by the City
7 Ord 1042
Attorney in any case wherein he or she determines, in his or her sole
discretion, that the failure or refusal of such persons to comply with the
notice was based on a good faith and bona fide issue of law or fact
specifically involved in the circumstances of the case. Any determination
or decision of the City Attorney in this regard is final and conclusive and is
not subject to appeal.
(d) Money due to the City under this section may be recovered in an
appropriate civil action. Alternatively, such liability may be enforced by
special assessment or lien proceedings, or both, against the parcel of land
on which the nuisance existed, which proceedings may be conducted in a
manner substantively similar to proceedings in Chapter 7 of Title 6 of this
Code relating to weed abatement assessments.
Sec. 1-2.11. [Reserved].
Section 5. Chapter 5 of Title 1 of the municipal code, is hereby amended to
revise the following section to read as follows:
Sec. 1-5.01. Officers authorized.
(a) It shall be the duty of the City Attorney, the City Manager, and those
Enforcement Officers (as defined by section 1-7.02) to enforce laws of the
City. Without limiting the nature of the preceding, the City Attorney is
hereby authorized to institute any civil action in order to prevent, abate or
otherwise remedy any violation of any City ordinance, any condition of
approval, or any permit, license or order issued by the City. Such relief
may include, but shall not be limited to injunctive relief, mandatory
injunctive relief, declaratory relief, monetary relief, or any combination
thereof.
(b) The City Manager is authorized to appoint the Enforcement Officers who
shall meet the qualifications and training requirements established by the
City Manager for such position. The City Manager is further authorized to
establish rules and procedures governing the conduct of the Enforcement
Officers.
Section 6. Chapter 7 of Title 1 of the municipal code, is hereby amended to
revise the following section to read as follows:
Sec. 1-7.12. [Reserved].
Section 7. Article 2 of Chapter 1 of Title 3 of the municipal code, is hereby
amended to revise the following section to read as follows:
8 Ord 1042
Sec. 3-1.204. Lessors of property.
Each person and each separate entity engaged in the business of letting, leasing
or renting out one or more separate parcels of property located within the City
shall be subject to the following license tax:
(a) Residential. The annual license tax for all apartment houses, mobile home
parks, recreational vehicle parks, and hotels shall be fifteen dollars
($15.00), plus one dollar ($1.00) for each unit or space in excess of four
(4) such units or spaces. Rooms, second (2nd) units in single-family
residences or lots, duplexes and triplexes are exempt from this tax.
(b) Nonresidential. Lessors of nonresidential properties shall pay an annual
license tax of twenty-five dollars ($25.00) for the first person employed
and five dollars ($5.00) for each additional employee.
Section 8. Subparagraph (a) of Section 3-3.103 of Article 1 of Chapter 3 of
Title 3 of the municipal code, is hereby amended as follows:
Sec. 3-3.103. Definitions.
For the purposes of this article, unless otherwise apparent from the context,
certain words and phrases used in this article are defined as follows:
(a) "Commercial unit" shall mean any space in a building or structure
designed or intended to be occupied or used for business or commercial
purposes, including sleeping rooms in hotels.
Section 9. Subparagraph (a)(4) of Schedule A and Subparagraph (a)(4)
(erroneously published as (a)(C)) of Schedule B of Section 3-3.104 of Article 1 of
Chapter 3 of Title 3 of the municipal code, are hereby amended to read in relevant parts -
as follows:
Sec. 3-3.104. Taxes: Imposed: Rates
Schedule A
(a) Residential.
(4) For each hotel room without a kitchen, excluding bathrooms:
$25.00 per unit.
9 Ord 1042
Schedule B
(a) Residential.
(4) For each hotel room without a kitchen, excluding bathrooms:
$35.00 per unit.
Section 10. Article 3 of Chapter 6 of Title 4 of the municipal code, is hereby
amended to revise the following section to read as follows:
Sec. 4-6.313. Parking in parkways and front yards.
(a) It is unlawful for any person to stop, stand, or park a vehicle within any
parkway.
(b) It is unlawful for any person to stop, stand, or park a vehicle in the front
yard area of any residentially used lot or parcel of land, except in a paved
driveway or parking space. All wheels of the vehicle must be parked on
the paved surface. For purposes of this subsection 4-6.313(b), the
following definitions apply:
(1) "Front yard area" means any area that is not a paved driveway, that
is between the front elevation of the residential building and the
front property line of the lot or parcel, and that extends the entire
width of the lot or parcel.
(2) "Paved driveway" means a paved strip of land that meets all
applicable zoning and building regulations of the city, that provides
access from the street to an approved garage, carport, or parking
space, and that has a single access point. The paved driveway may
have two access points only if the driveway is semi -circular in
nature. This section shall not be construed to permit the paving of
all or any portion of a front -yard area without first complying with all
applicable zoning and building codes and regulations of the city.
(3) "Parking space" means a paved area within the front yard area that
meets all applicable zoning and building regulations of the city and
that is of sufficient size to be used for the express purpose of
parking a vehicle.
10 Ord 1042
Section 11. Subparagraph (c) of Section 5-21.04 of Chapter 3 of Title 3 of the
municipal code, is hereby amended to read in relevant part as follows:
Sec. 5-21.04. Rules and regulations applicable in City parks and facilities.
The following rules and regulations apply in all City parks unless expressly stated
otherwise elsewhere in this title:
(c) Amplified sound in parks. The following provisions are enacted for the sole
purpose of securing and promoting the public health, comfort, safety, and
welfare of its citizenry. While recognizing that certain uses of sound
amplifying equipment are protected by constitutional rights of free speech
and assembly, the City nevertheless feels obligated to reasonably regulate
the use of sound amplifying equipment in order to protect the correlative
constitutional rights of the citizens to privacy and freedom from the public
nuisance of loud and unnecessary sound. This subsection (c) applies in
addition to, and not instead of, any other applicable noise regulation in this
Code.
Section 12, Chapter 30 of Title 5 of the municipal code, is hereby amended to
revise the following section to read as follows:
Sec. 5-30.01. Loud Noise.
(a) No person shall make, cause or suffer, or permit to be made any noise or
sound that is unreasonably loud or disturbing to persons of ordinary
sensitivity, or that is so harsh or so prolonged or unnatural or unusual in its
use, time or place as to occasion discomfort to persons of ordinary
sensitivity. This includes but is not limited to noise that is plainly audible
from a distance of 25 feet.
(b) The provisions of this section do not apply to noise or sounds generated in
connection with any of the following:
1. Emergency vehicle response sounds or sounds from necessary
equipment utilized by members of law enforcement, the fire
department, paramedics or other emergency responders for the
purpose of responding to an emergency or necessary to restore,
preserve, protect, or save lives or property from imminent danger of
loss or harm.
2. Safety and warning devices, including but not limited to, train horns
and railroad crossing warning systems, that are made consistent
with applicable state and federal laws.
11 Ord 1042
3. The installation, maintenance, repair, or replacement of public
utilities or public infrastructure conducted by the city, another public
entity or a public or private utility company, or their agents,
contractors, or employees, while undertaking a public works
project, subject to allowable construction times.
4. School -related activities or programs, including, but not limited to,
athletic and entertainment events and activities, provided that said
activities are conducted on the grounds of a public or private school
or college or on public property.
5. Noise from special community events provided that said events are
conducted by the city or in accordance with a permit or license
issued by the city, including, but not limited to, occasional outdoor
events and activities, outdoor gatherings, public dances, shows and
sporting and entertainment events.
6. Any activity to the extent that regulation thereof is preempted by
state or federal law.
Section 13. Subparagraph (1) of Section 6-12.05 of Chapter 12 of Title 6 of the
municipal code, is hereby amended to read in relevant part as follows:
Sec. 6-12.05 Mandatory restrictions on water waste at all times.
(1) Visitor -Serving Facilities. The owner and manager of each hotel,
restaurant, and other visitor -serving facilities shall ensure that such
facilities display, in places visible to all customers, placards or decals
promoting public awareness of the need for water conservation and/or
advising the public that waste of water is prohibited. Hotels shall give
guests the option to reuse towels and linens.
Section 14. Article 4 of Chapter 2 of Title 9 of the municipal code, is hereby
amended to revise the following section to read as follows:
Sec. 9-2.401. Nuisances.
(a) Any use of property in a manner that is not in compliance with the
provisions of this Title or that violates any other provision of this Code is a
public nuisance. It is hereby declared to be a nuisance to make, cause, or
permit to be made or caused on any premises any action that is physically
annoying to persons of ordinary sensitivity or that is so harsh or so
prolonged or unnatural or unusual in its use, time, or place as to occasion
12 Ord 1042
physical, mental, or emotional discomfort in a person of ordinary
sensitivity.
(b) General performance standards. The following requirements apply to the
use of land throughout the City. Any violation of these performance
standards is a public nuisance and is subject to abatement under to
Section 9-1.201 and other applicable provisions of law.
(1) Vibration. The generation of vibration of a duration and intensity so
as to be excessive, disturbing, or objectionable to persons of
ordinary sensibility located offsite, shall not be permitted.
(2) Temperature. No operation or activity shall emit heat or cold which
would cause a temperature increase or decrease on any adjacent
property in excess of ten (10) degrees Fahrenheit, whether the
change is in the air, on the ground, or in any structure.
(3) Illumination. No operation, activity, sign, or lighting fixture shall
create illumination on adjacent property that exceeds one foot-
candle, whether the illumination is direct or indirect light from the
source.
(4) Odor. No operation or activity shall be permitted to emit odorous
gases or other odorous matter in such quantities as to be
dangerous, injurious, noxious, or otherwise objectionable, which is
detectable, with or without the aid of instruments, at or beyond the
property line.
(5) Electronic disturbance. No operation or activity shall cause any
source of electrical or electronic disturbance that adversely affects
persons or the operation of any equipment on any other lot or that
is not in conformance with - the regulations of the Federal
Communications Commission.
(6) Air pollution. No operation or activity shall cause the emission of
any smoke, fly ash, dust, fumes, vapors, gases, or other forms of
air pollution which can cause damage to health, animals,
vegetation, or other forms of property, or which can cause
excessive soiling on any other lot. No emission shall be permitted
which exceeds the requirements of the South Coast Air Quality
Management District.
(7) Flammable and explosive material. Any operation or activity
involving the storage of flammable or explosive materials shall be
provided with adequate safety devices against the hazard of fire or
explosion, and adequate fire fighting and fire suppression
equipment and devices in accordance with the requirements of the
13 Ord 1042
Orange County Fire Authority. Burning of waste materials in an
open fire is prohibited.
(8) Radioactive materials. No operation or activities shall be permitted
which result at any time in the release or emission of any
fissionable or radioactive materials into the atmosphere, the
ground, or sewer system.
(9) Runoff and water quality. No operation or action shall discharge at
any point into any public or private street, public or private sewer,
stream, body of water, or into the ground, any materials of such
nature or temperature as can contaminate any water supply,
interfere with bacterial processes in sewage treatment, or otherwise
cause the emission of dangerous or offensive elements, except in
accordance with applicable standards approved by governmental
agencies having jurisdiction. All grading, grubbing, clearing, soil
disturbance, and/or construction operations shall comply with the
erosion control and best management practices of the City's current
permit for the National Pollution Discharge Elimination System
(NPDES), as it may be amended from time to time.
(10) Noise. Generation of any noise not in conformance with applicable
noise provisions of the Municipal Code, including Sections 5-
21.04(c), 5-30.01, and 9 3.531 of this title.
Section 15. Table 3-1 of Section 9-3.301 of Article 3 of Chapter 3 of Title 9 is
hereby amended to read in relevant part as follows:
Sec. 9-3.301. Residential districts.
(b) Uses regulations.
14 Ord 1042
Table 3-1
Uses in Residential Districts
(please refer to end of table for notes)
Use
RA
IHR
'RSE-
IRSE-
RS-
RS-
RG-
RS- 'MRD-
RG
RM'
VHD
MHP
PRD
Notes and
,40,000
20,000
10,000
7,000
7,000
4,000 14,000
4,000
Exceptions
a. Subject to
Section 9-3.501, I
Accessory Uses
and Structures. b
In the MRD -4,000
Accessory dwelling—
P
P
P
P
P
P
P
P
P
P
—
District, accessory
unit (single-family)
dwelling units shall
be permitted on lots
of 6,000 square
feet or greater in
area.
Accessory uses and
structures incidental to
A
A
A
A
A
A
,A
A
A
A
Al
A
A
A
the operation of a
permitted use
coholism or drug
-cruse recovery or
See Cal. Health &
treatment residential
Code
facilities that are
P
P
P
P
P
P
P
P
P
P
P
P
P
P
11834.02 and
§§ 1
licensed b the state
y
11834 23.
11
for a maximum of six
or fewer persons
These uses are
considered interim
Animal grazing,
uses until
breeding, boarding,
P
—
—
—
—
residential
and training
development plans
are approved.
a. For RA District—
Must be in
conjunction with the
residential use of a
lot and limited to
small domesticated
species, such as
Animal raisin g
A
C
C
C
C
C
sheep and smaller
(noncommercial)
_
—
_
_
animals. Excludes
commercial
livestock breeding
and raising.
b. For HR, RSE-
40,000, RSE-
20,000. RS -10,000,
15 Ord 1042
Use
IRA
IHR
:RSE-
RSE-
RS-
RS-
RG-
RS-
IMRD-
RG-
RM'
'VHD
MHP
PRD
Notes and
40,000
20,000
10,000
7,000
7,000
4,000
4,000
-4,000
Exceptions
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
raising or breeding
shall be prohibited_
Apiaries
C
—
—
—
—
—
—
—
to Section
Bed and breakfastSubject
C
C
C
C
C
IC
C
C
C
C
C
C
C
C
9-3.509, Bed and
establishments
Breakfasts.
Boarding and rooming
—
—
—
—
_
—
—
IP
P
—
houses, Long-term
Boarding and rooming
—
—
—
—
—
IP
P
houses, Short-term
Cemeteries
C
C
C
C
C
C
C
C
C
C
C
C
C
Includes
synagogues,
temples, mosques,
and other buildings
used for the
Church, religious, or
C
C
C
C
C
C
C
C
C
C
C
C
C
C
purposes herein
-fraternal
but excludes day
care centers, and
private and/or
secondary
educational
facilities.
Community care
facilities that are
See Cal. Health &
licensed by the state
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Saf. Code
for a maximum of six
§ 1502(a)(1)–(18)
or fewer persons
16 Ord 1042
17 Ord 1042
RA
HR
IRSE-
RSE-
RS-
RS-
RG-
RS- MRD-
RG-
RM'
VHD
MHP
Notes and
PRD
�e
,40,000
20,000
10,000
7,000
7,000
4,000 .4,000
4,000
Exceptions
For HR—These
uses are
considered interim
(Crop and tree farming
P
P
—
—
— —
—
uses until
residential
development plans
are approved.
See Cal. Health &
Day care centers
—
—
—
—
—
;Saf. Code
§ 1596.76.
a. Must be in
conjunction with a
subdivision.
Equestrian facilities
C
C
C
C
C
C
C
C C
C
(communal)
b. Subject to
Section 9-3.515,
Equestrian
Standards.
I�smlly day care home,
C
C
C
C
C
C
C
C C
C
C
C
C
C
irge
Family day care home,
,P
P
IP
P
P
P
P
P P
P
P
P
P
P
Small
Subject to Section
Home businesses
A
A
A
A
A
A
A
A A
A
A
A
A
A 9-3.523, Home
Business.
Subject to Section
Horse keeping
A
A
A
A
—
—
—
—
—
—
9-3.515, Equestrian
(noncommercial)
Standards.
iHorse stables and
Subject to Section
equestrian centers
C
—
—
—
—
9-3.515, Equestrian
(commercial)
Standards.
Hotels
—
—
—
—
—
—
—
Subject to Section
commercial
Kennels (commercial)
C
—
—
—
—
—
—
—
9-3.525, Kennels.
ennels
Subject to Section
ioncommercial)
,A
C
C
C
—
—
—
—
—
9-3.525, Kennels.
17 Ord 1042
Use
RA
IHR
IRSE-
RSE-
RS-
IRS-
RG-
RS-
IVIRD-
!RG-
RM"
VHD
MHP
PRD
Notes and
,40,000
20,000
10,000
7,000
7,000
4,000
4,000
4,000
Exceptions
Manufactured or
modular structures
shall not be
permitted in the
MDR -4,000 District.
Manufactured and
Where permitted,
modular homes on a
P
P
P
P
P
!P
P
P
P
P
IP
P
P
both types of
permanent foundation
structures shall be
system
subject to the
design guidelines
of subsection (c),
Development
Standards, of this
section.
Includes necessary
Mining, oil drilling, and
incidental buildings
other resource
C
C
C
C
C
C
C
C
C
C
C
C
C
C
and
extraction
appurtenances.
Mobilehome parks
—
—
—
—
—
—
—
C
Parks (public and
P
P
iP
P
P
IP
P
P
IP
P
P
IP
P
P
private)
a. Includes
greenhouses,
hydroponic
gardens, and
similar facilities, for
the purpose of
growing only
Plant nurseries and
b. The retail sales
storage
P
P
—
—
—
—
—
of products shall
not be permitted.
c. For HR—These
uses are
considered interim
uses until
residential
development plans
are approved
a. Includes public
schools, museums,
libraries,
Public buildings and
P
IP
IP
P
P
IP
P
P
P
P
P
P
P
P
governmental
'facilities
buildings, parks,
fire stations, public
utility offices and
exchanges, bus,
and railroad
18 Ord 1042
19 Ord 1042
IRA
HR
RSE-
RSE-
RS-
IRS-
RG-
RS-
MRD-
RG-
RM`
VHD
MHP
PRD
Notes and
;e
40,000
20,000
10,000
-7,000
7,000
4,000
4,000
4,000
Exceptions
stations.
Ib. Excludes police
stations and I
hospitals.
a. Tennis courts
and other outdoor
recreational uses
-within such centers
shall conform to the
h
requirements of
Sections 9-3.501.
Accessory Uses
and Structures, and
Recreation and
9-3.529, Lighting
community centers
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Standards.
(noncommercial public
and private)
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.
Subject to Section
19-3.537, Recycling
Facilities. Section
Recycling facilities
—
—
—
—
—
—
—
P
—
9-3.537, Recycling
Facilities, identifies
the specific allowed
recycling uses.
Residential dwellings
p
IP
P
P
P
P
P
P
P
P
P
P
P
.(detached SFD)
Residential dwellings
—
—
p
—
IP
P
IP
—
P
attached SFD)
t
-
Must be located on
Residential dwelling
a single lot or with
units (duplex, two-
—
—
—
—
P
—
P
P
P
P
each dwelling on its
family)
own lot.
Residential dwelling
units (multiple -family,
_
_
_
—
p
p
—
P
aoartments and
)operatives)
19 Ord 1042
Use
RA
HR
RSE-
RSE-
RS-
RS- i
RG-
IRS-
MRD-
RG-
IRM*
'VHD
IMHP
PRD
Notes and
40,000
20,000
10,000
7,000
7,000
4,000
4,000
4,000
Exceptions
Residential dwelling
units (multiple -family,
—
—
—
—
P
P
IP
P
—
P
townhouses, condos)
Allowed during the
construction of a
permanent single-
family residence on
Residential dwelling
A
A
A
A
A
,A
,A
A
_
an individual lot in
(temporary)
accordance with
the provisions of
Section 9-3.553,
Temporary Uses
and Structures
Must be deemed by
Swimming schools,
the Planning
tennis clubs andCommission
to be
schools, and similar
—
—
—
—
C
C
—
—
compatible with the
activities
existing or
proposed
residential uses.
a. The
requirements of
Sections 9-3.501,
Accessory Uses
and Structures, and
9-3.529, Lighting
Standards.
Tennis/sports courts,
swimming pools, and
similar improvements
,A
A
A
A
C
C
—
C
C
—
b. The outdoor
on individual
night lighting of
residential lots
such tennis courts
or other
recreational uses
shall not be
permitted unless a
conditional use
permit is approved
by the City.
20 Ord 1042
Section 16. Subparagraph (b)(2) of Section 9-3.503, in Article 3 of Chapter 3 of
Title 9, is hereby amended to read in relevant part as follows:
Sec. 9-3.503. Adult oriented business.
(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:
(2) Adult, hotel;
Section 17. Table 3-41 of Section 9-3.537, in Article 3 of Chapter 3 of Title 9, is
hereby amended to read in relevant part as follows:
Sec. 9-3.537. Recycling facilities.
(c) General Requirements for On -Site Collection and Loading Facilities for
Recyclable Materials.
Table 3-41
Commercial Uses On-site Recyclable
Storage Requirements
— ._._........_ - - -
Land Building Internal Space
Use Floor Area External Space Allocation Allocation
21 Ord 1042
606 cubic feet with minimum dimensions 15' wide by 4'6" deep
n/a
Hotel 0-50 rooms
n/a
'51 -100
1,212 cubic feet with minimum dimensions 15' wide by 4'6" deep,
rooms
no less than 300' from any suite
n/a
101 rooms
Add 606 cubic feet to 1,212 cubic feet for every 5,000 square feet
and above
over 25,001 with minimum dimensions 15' wide by 4'6" deep, no
less than 300' from any suite
i
21 Ord 1042
Section 18. Table 3-44 of Section 9-3.555, in Article 3 of Chapter 3 of Title 9, is
hereby amended to read in relevant part as follows:
Sec. 9-3.555. Transportation demand management.
Land Use
Table 3-44
Employee Generation Factors
Buildir
1.2 roc
Section _19. Table 4-2 of Section 9-4.525, in Article 5 of Chapter 4 of Title 9, is
hereby amended to read in relevant part as follows:
Sec. 9-4.523. Sanitary sewer.
Table 4-2
Average Sewerage Flows—Specific Land Use Types
Type of Land Use
Hotels (without kitchens), per unit
Flow (Gallons per
Day/Unit)
105
22 Ord 1042
Section 20. Appendix A of Title 9 of the municipal code, is hereby amended to
add or revise the following definitions:
APPENDIX A Definitions
Adult hotel: A hotel, 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-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 (but not clothing optional hotel); 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 (25) percent of the total
display or floor space area open to the public;
(2) The business establishment or concern presents any type of live
entertainment which is characterized by an emphasis on specified
sexual activities or specified anatomical parts at least six (6) times
in any month of any given year;
(3) The regular and substantial course of conduct of the business
consists of or involves the sale, trade, display or presentation of
23 Ord 1042
services, products, or entertainment which are characterized by an
emphasis on matters depicting, describing, or relating to specified
sexual activities or specified anatomical parts.
Alcoholism or drug abuse recovery or treatment residential facility: As defined by
California Health and Safety Code section 11834.02, "[A]ny premises, place, or
building that provides 24-hour residential nonmedical services to adults who are
recovering from problems related to alcohol, drug, or alcohol and drug misuse or
abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or
detoxification services." See also "Boarding or rooming house, long-term" and
"Boarding or rooming house, short-term."
Bed and Breakfast establishment: A lodging use that complies with all the
provisions of section 9-3.509 of this Code.
Boarding or rooming house, long-term: A residential building, other than a rest
home, containing a single dwelling unit and up to five (5) guest rooms or suites of
rooms where lodging is provided on a by-room or by-guest basis for 30 or more
days for compensation.
Boarding or rooming house, short-term: Any building, other than a hotel or bed
and breakfast establishment, that is used in whole or in part to provide lodging for
fewer than 30 days in exchange for compensation.
Child day care facility: As defined by California Health and Safety Code section
1596.750, "[A] facility that provides nonmedical care to children under 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 24-hour basis. Child day care facility includes day care centers, employer-
sponsored child care centers, and family 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 facilities. See "Day-care home, family."
Community care facility: As defined by California Health and Safety Code section
1502(a), "any facility, place, or building that is maintained and operated to
provide nonmedical residential care, day treatment, adult day care, or foster
family agency services for children, adults, or children and adults, including, but
not limited to, the physically handicapped, mentally impaired, incompetent
persons, and abused or neglected children." (See Cal. Health & Saf. Code
§ 1502(a)(1)—(18) for types of community care facilities; § 1505 for uses that are
not community care facilities.)
Day care center: As defined by California Health and Safety Code section
1596.76, "[A]ny child day care facility other than a family day care home, and
includes infant centers, preschools, extended day care facilities, and schoolage
child care centers."
24 Ord 1042
Day care home, family: As defined by California Health and Safety Code section
1596.78(a), "[A] home that regularly provides care, protection, and supervision
for 14 or fewer children, in the provider's own home, for periods of less than 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."
Day care home, large family: As defined by California Health and Safety Code
section 1596.78(b), A family day care home "for 7 to 14 children, inclusive,
including children under the age of 10 years who reside in the home, as set forth
in Section 1597.465 [of the California Health and Safety Code] and as defined in
[Department of Social Services] regulations."
Day care home, small family: As defined by California Health and Safety Code
section 1596.78(c), A family day care home for up to six (and in certain cases, up
to eight) "children, including children under the age of 10 years who reside at the
home, as set forth in Section 1597.44 [of the California Health and Safety Code]
and as defined in [Department of Social Services] regulations."
Domicile: The legal residence and permanent home of an individual or family. A
domicile is not lodging, which is only a temporary residence. (See "Lodging or
lodgings.") A dwelling unit that is rented by a person on a month-to-month, or
longer, basis is presumed to be the renter's domicile if the renter has no other
legal residence or permanent home. Indicia of legal residency include, but are
not limited to, evidence that the resident uses the street address for government
identification purposes, such as a driver's license, and for tax -filing purposes.
Dwelling: A building or portion thereof used exclusively for residential purposes,
including one -family, two-family and multiple dwellings, but not including lodging
uses or nursing homes, rest homes, children's homes, or hospitals.
Dwelling unit: One or more rooms, one of which is a kitchen, in a building or
portion thereof, designed, intended to be used, or used for occupancy by one
family for living and sleeping purposes, not including hotels.
Employer-sponsored child care center: As defined by California Health and
Safety Code section 1596.771, "[A]ny child day care facility at the employer's site
of business operated directly or through a provider contract by any person or
entity having one or more employees, and available exclusively for the care of
children of that employer, and of the officers, managers, and employees of that
employer."
Family: A group of individuals that live together as a single housekeeping unit.
Hotel: A building with six or more guest rooms or suites of rooms that is designed
or used to be rented for occupancy by guests for lodging purposes for a period of
thirty (30) or fewer consecutive calendar . Incidental uses may be allowed, such
as meeting rooms, restaurants, and recreation facilities to serve hotel guests.
25 Ord 1042
Lodging or lodgings: A temporary residence or place to live, which includes
sleeping accommodations. Lodging is not a domicile because the former is a
temporary residence and the latter is a permanent one. (See "Domicile.")
Section 21. All existing provisions of the Code that are repeated herein are
repeated only to aid decision -makers and the public in understanding the effect of the
proposed changes. Restatement of existing provisions does not constitute a new
enactment. Asterisks in Sections 4 through 20 indicate the omission of existing
provisions that are unchanged by this ordinance.
Section 22. Severability. If any part of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision has no effect on the validity of the remaining portions of this ordinance. The
City Council hereby declares that it would have adopted each part of this ordinance,
irrespective of the fact that any other part or parts thereof might be declared invalid or
unconstitutional.
Section 23. The City Clerk shall certify to the adoption of this Ordinance and
cause it, or a summary of it, to be published once within 15 days of adoption in a
newspaper of general circulation printed and published within the City of San Juan
Capistrano, and shall post a certified copy of this Ordinance, including the vote for and
against the same, in the Office of the City Clerk in accordance with Government Code
§ 36933.
Section 24. Custodian of Records. The documents and materials associated
with this Ordinance that constitute the record of proceedings on which the City Council's
findings and determinations are based are located at San Juan Capistrano City Hall,
32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development
Services Director is the custodian of the record of proceedings.
Section 25. Notice of Exemption. The City Council hereby directs City staff to
prepare and file a Notice of Exemption with the County of Orange, County Clerk within
five working days of the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED this 7th day of February 2017.
MAW4
OEIRRR AYOR
ATTEST:
C
� L I ) r, n
V6C
MAR MORRI , COY CLERK
26 Ord 1042
STATE OF CALIFORNIA }
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO }
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1042 which was
regularly introduced and placed upon its first reading at the Regular and Telephonic
Meeting of the City Council on the 17th day of January 2017, and that thereafter, said
Ordinance was duly adopted and passed at the Regular Meeting of the City Council on
the 7th day of February 2017, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Patterson, Maryott, Farias Mayor Ferguson
NOES COUNCIL MEMBERS: Reeve
ABSENT :(�PW
EMBERS: None
4�
Cr -r
ARIA MOR—hcolCLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Code section 36933(1) of
the State of California, on the 18th day of January 2017, at least 5 days prior to the
adoption of the ordinance, I caused to be posted a certified copy of the proposed
ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 1, GENERAL
PROVISIONS, TITLE 5, PUBLIC WELFARE, TITLE 6 SANITATION AND
HEALTH, AND TITLE 9, LAND USE, CHANGING ENFORCEMENT
PENALTIES AND CLARIFYING REGULATIONS OF LOUD NOISE,
OTHER NUISANCES, AND LODGING USES CITYWIDE
This document was posted in the Office of the C
MAMA MORRIS,UTS\CLERK
San Juan Capistrano, California
27 Ord 1042
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
AFFIDAVIT OF POSTING
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; that in compliance with State laws, Government Code section 36933(1) of
the State of California.
On the 10th day of February 2017, 1 caused to be posted a certified copy of Ordinance
No. 1042, adopted by the City Council on February 7, 2017, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 1, GENERAL
PROVISIONS, TITLE 5, PUBLIC WELFARE, TITLE 6 SANITATION AND
HEALTH, AND TITLE 9, LAND USE, CHANGING ENFORCEMENT
PENALTIES AND CLARIFYING REGULATIONS OF LOUD NOISE,
OTHER NUISANCES, AND LODGING USES CITYWIDE
This document was posted in the Office of the Cr--
lerr I k
i �y
RIA MORRIS, &TCLERK
San Juan Capistrano, California
28 Ord 1042