Ordinance Number 1102ORDINANCE NO, 1102
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE: SECTION 4-6.322 OF TITLE 4
REGARDING ON AND OFF STREET PARKING FOR PERSONS WITH
A DISABILITY; SECTION 5-21.04 and SECTION 5-21.06 OF TITLE 5
REGARDING ALLOWED ACTIVITIES WITHIN CITY PARKS; SECTION
6-3.08.03 (5) OF TITLE 6 REGARDING CONSTRUCTION
DEMOLITION DEBRIS; SECTION 7-4.03 OF TITLE 7 REGARDING
ERECTING AND MAINTAINING STRUCTURES WITHIN THE PUBLIC
RIGHT-OF-WAY; SECTION 7-5.01 OF TITLE 7 REGARDING
STANDARD SPECIFICATIONS FOR THE CONSTRUCTION AND
REPAIR OF CITY STREETS
WHEREAS, the City of San Juan Capistrano, California ("City") is a
municipal corporation, duly organized under the constitution and laws of the
State of California; and
WHEREAS, periodically the City identifies sections of the San Juan
Capistrano Municipal Code that are outdated, unclear, conflict with other
Municipal Code regulations, or warrant modifications to improve or enhance the
functions and operations of the City.
WHEREAS, this Ordinance codifies modifications to Title 4, Chapter 6
which revise the language used to describe Americans with Disability Act on and
off-street parking requirements to be consistent with State and Federal law.
WHEREAS, this Ordinance codifies modifications to Title 5, Chapter 21
which revise allowed activities within City parks.
WHEREAS, this Ordinance codifies modifications to Title 6, Chapter 3
which exempts specific roofing projects from construction debris removal
requirements.
WHEREAS, this Ordinance codifies modifications to Title 7, Chapter 4
which revise regulations regarding the construction and maintenance of private
improvements within public right-of-way.
WHEREAS, this Ordinance codifies modifications to Title 7, Chapter 5
which revise the reference document utilized to identify standard specifications
for the construction and repair of City streets.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
1 01102
SECTION 1. Findings. The City Council hereby finds and determines
that the above recitals are true and correct and incorporated herein by this
reference.
SECTION 2. CEQA. The City Council finds that this Ordinance does not
constitute a project under CEQA Guidelines Section 15378(b)(5) because the
amendments are organizational or administrative activities of the City that will not
result in direct or indirect physical changes in the environment; the amendments
only clarify and streamline the Municipal Code. In the alternative, the City Council
finds that this Ordinance is exempt under CEQA Guidelines Section 15061(b)(3),
because it can be seen with certainty that the proposed code amendments would
not have the potential to cause a physical change in the environment, directly or
indirectly as the amendments primarily only clarify and streamline the Municipal
Code.
SECTION 3. Amendment. The City Council hereby amends Title 4,
Chapter 6, "Traffic," Section 4-6.322 "Parking for Physically Handicapped
Persons," in its entirety to read as attached hereto as Exhibit A.
SECTION 4. Amendment. The City Council hereby amends Title 5,
Chapter 21, "Use of Public Parks and Facilities," Section 5-21.04, "Rules and
Regulations Applicable to City Parks and Facilities" and Section 5-21.06,
"Violations," in its entirety to read as attached hereto as Exhibit B.
SECTION 5. Amendment. The City
Chapter 3, "Solid Waste," Section 6-3.08.03
read as follows, with all other provisions
unchanged:
"Section 6-3.08.03. Exemptions.
Council hereby amends Title 6,
subsection (5), "Exemptions," to
of Section 6-3.08.03 remaining
(5) Projects which involve residential roof modifications but do not
result in the overall increase in square footage of the existing roof."
SECTION 6. Amendment. The City Council hereby amends Title 7,
Chapter 4, "Right -of -Way Structures," Section 7-4.03, "Erecting and Maintaining,"
in its entirety to read as attached hereto as Exhibit C.
SECTION 7. Amendment. The City Council hereby amends Title 7,
Chapter 5, "Adoption," Section 7-5.01 in its entirety to read as follows:
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"Sec. 7-5.01. Adoption.
For the purpose of prescribing standard specifications for the construction,
improvement, and repair of City streets and highways, those certain printed
documents entitled "Standard Plans, County of Orange Public Works
Department", September 2018 Edition, or most recent succeeding Edition
adopted by the County of Orange, are hereby adopted by reference and made a
part of this chapter as though set forth in this chapter in full, subject, however, to
any amendments, additions, and deletions made by separate resolution, and
such documents shall be known as the Standard Specifications of the City."
SECTION 8. Findings. The City Council's actions are made upon review
of the Staff Report, all oral and written comments, and all documentary evidence
presented on the Ordinance. The documents and materials that constitute the
record of proceedings on which this Ordinance and the above findings have been
based are located at San Juan Capistrano City Hall, City Clerk Dept
SECTION 9. Severability. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance for any reason is held to
be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence, clause, phrase,
or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 10. Effective Date. This Ordinance shall take effect and be in
force thirty (30) days after its passage.
SECTION 11. Publication. The City Clerk shall certify to the adoption of
this Ordinance and shall post or publish this Ordinance as required by law.
APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of San Juan Capistrano this 21St day of June 2022.
ATTEST:
�-
S, CITY`CLE
DEREK REEVE, MAYOR
01102
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1102 which
was regularly introduced and placed upon its first reading at the Regular Meeting
of the City Council on the 7th day of June 2022 and that thereafter, said
Ordinance was duly adopted and passed at the Regular Meeting of the City
Council on the 21st day of June 2022 by the following vote, to wit:
AYES COUNCIL MEMBERS: Bourne, Taylor, Hart, and Mayor Reeve
NOES j COUNCIL MEMBERS: None
ABSE T. COUNCIL, MEMBERS: None
ABST IN D:•.000NCIL MEMBERS: Farias
, CITY
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 14th day of June 2022, 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 OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE: SECTION 4-6.322 OF TITLE 4
REGARDING ON AND OFF STREET PARKING FOR PERSONS
WITH A DISABILITY; SECTION 5-21.04 and SECTION 5-21.06 OF
TITLE 5 REGARDING ALLOWED ACTIVITIES WITHIN CITY
PARKS; SECTION 6-3.08.03 (5) OF TITLE 6 REGARDING
CONSTRUCTION DEMOLITION DEBRIS; SECTION 7-4.03 OF
TITLE 7 REGARDING ERECTING AND MAINTAINING
STRUCTURES WITHIN THE PUBLIC RIGHT-OF-WAY; SECTION
4 01102
7-5.01 OF TITLE 7 REGARDING STANDARD SPECIFICATIONS
FOR -THE CONSTRUCTION AND REPAIR OF CITY STREETS
is loe,rhtnt was posted in the Office of the City Clerk
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
I, MARIA MORRIS, declare as follows:
ss
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 23rd day of June 2022, 1 caused to be posted a certified copy of
Ordinance No. 1102, adopted by the City Council on June 21, 2022, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE: SECTION 4-6.322 OF TITLE 4
REGARDING ON AND OFF STREET PARKING FOR PERSONS
WITH A DISABILITY; SECTION 5-21.04 and SECTION 5-21.06 OF
TITLE 5 REGARDING ALLOWED ACTIVITIES WITHIN CITY
PARKS; SECTION 6-3.08.03 (5) OF TITLE 6 REGARDING
CONSTRUCTION DEMOLITION DEBRIS; SECTION 7-4.03 OF
TITLE 7 REGARDING ERECTING AND MAINTAINING
TRUCTURES WITHIN THE PUBLIC RIGHT-OF-WAY; SECTION
5: 1 F TITLE 7 REGARDING STANDARD SPECIFICATIONS
OI TI, CONSTRUCTION AND REPAIR OF CITY STREETS
This do�gnjlprft jwas posted in the Office of the City Clerk
MARIA 1-Oq'RIS, CITY CI
San Juan Capistrano, Cal
5
01102
EXHIBIT A
Sec. 4-6.322. On and Off -Street parking for persons with a disability.
(a) Definitions. For the purposes of this section:
(1) "On -street parking" shall mean vehicle parking on public ways.
(2) "Off-street parking facility" shall mean any publicly or privately -owned parking lot or facility
located off the public way for the express purpose of providing vehicular parking.
(3) "Persons with a disability" shall mean persons with a physical and/or mental impairment that
qualifies as a disability under state or federal law.
(b) Establishment of on -street parking spaces. The Traffic Engineer is hereby authorized to designate
parking spaces for the exclusive use of persons with a disability whose vehicles display a distinguishing
license plate or placard issued to persons with a disability, pursuant to Section 22511.5 of the Vehicle
Code, or to disabled veterans, as specified in Section 9105 of the Vehicle Code. Such parking spaces shall
conform to state and federal requirements.
(c) Establishment of off-street parking spaces.
(1) The Traffic Engineer is hereby authorized to designate spaces in publicly -owned or leased off-
street parking facilities for the exclusive use of persons with a disability whose vehicles display a
distinguishing license plate or placard issued to persons with a disability, pursuant to Section 22511.5 of
the Vehicle Code, or to disabled veterans, as specified in Section 9105 of the Vehicle Code.
Such designation shall be made by posting a sign immediately adjacent to and visible from each
stall or space that conforms to state and federal requirements.
2) The Traffic Engineer is hereby authorized to designate spaces in privately -owned and
maintained off-street parking facilities generally held open for the use of the public for the purpose of
vehicular parking for the exclusive use of persons with a disability whose vehicles display a distinguishing
license plate or placard issued to persons with a disability, pursuant to Section 22511.5 of the Vehicle
Code, or to disabled veterans, as specified in Section 9105 of the Vehicle Code.
Such designation shall be made by posting a sign immediately adjacent to and visible from each
stall or space that conforms to state and federal requirements.
Pursuant to Section 21107.8 of the Vehicle Code, the provisions of Section 22507.8 of the
Vehicle Code hereby are made applicable to the aforesaid off-street parking facilities.
The provisions of this subsection (2) of this subsection (c) shall not be effective unless the owner
and operator of the off-street parking facilities described causes to be posted in a conspicuous place at
each entrance to such off-street parking facility a sign stating that the facility is subject to public traffic
regulations and control in compliance with Section 21107.8(b) of the Vehicle Code. The owner and
operator of the privately -owned and maintained off-street parking facilities shall be responsible for
posting signs and painting stalls for handicapped usage and for maintaining such facilities.
(3) There may also be posted immediately adjacent to and visible from each space a sign which
_clearly and conspicuously states the following:
"Unauthorized vehicles not displaying distinguishing license plates or a placard issued to
persons with a disability will be towed away at the owner's expense. Towed vehicles may be reclaimed
at or by telephoning "
When such a sign is posted, the Traffic Engineer shall cause the specific sign information to be
completed and maintained to set forth the following:
(i) The complete name, address, and telephone number of the place where the vehicle
may be reclaimed; and
(ii) The applicable name and telephone number of the local law enforcement agency.
Exhibit B
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:
(a) Operations of vehicles.
(1) Roads for public use. The provisions of the Vehicle Code are applicable in the City
parks with respect to any way or place of whatever nature which is publicly maintained and open to the
use of the public for purposes of vehicular travel. All violations of such Vehicle Code shall be enforced
and prosecuted in accordance with the provisions thereof.
(2) Surfaces other than roads for public use; skateboards. No person shall drive or
otherwise operate a vehicle in a park upon surfaces other than those maintained and open to the public
for purposes of vehicular travel, except upon temporary parking areas as may be designated from time
to time by the Council, and further excepting vehicles in the service of the City, animal control vehicles,
law enforcement vehicles, and motorized wheelchairs. Unless posted otherwise on the park grounds, no
person shall ride or operate a skateboard in any park.
(b) Prohibition of animals in park. No person shall cause, permit, or allow any animal owned or
possessed by them or any animal in their care, custody, or control to be present in any park except:
(1) Equine animals being led or ridden under reasonable control upon any bridle path or
trail provided for such purpose;
(2) Equine or other animals which are hitched or fastened at a place expressly
designated for such purpose;
(3) Dogs or cats when led by a cord or chain not more than six feet long, or when
confined within the interior of a vehicle;
(4) Dogs which have been specifically trained and are being used by persons with a
disability to aid and guide them in their movements;
(5) Small pets which are kept on the person of the possessor at all times;
(6) In connection with activities authorized in writing by the City;
(7) Fowl or animals turned loose at the direction of the City.
It shall be the mandatory duty of all persons owning, possessing, in control of, or otherwise
responsible for a dog, cat, or an equine animal in a park to promptly collect, pick up, and remove all
fecal matter left behind by such animal in or upon any park; provided, however, that subsection (b) shall
not apply to guide dogs for persons with a disability or to equine animals on bridle paths.
(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.
(1) Permit required for amplifiers. It shall be unlawful for any person to install, use, and
operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving
instructions, directions, talks, addresses, or lectures, or of transmitting music to any persons or groups
of persons in any park, or in the vicinity thereof, except when installed, used, or operated in compliance
with one of the following provisions:
(i) By authorized law enforcement or Community Services personnel; or
(ii) Under a reservation or permit issued by the City, and when operated in
accordance with terms of the reservation or permit.
(2) Granting or denial of permit. In determining whether to grant or deny a permit, the
City shall be guided by the following considerations:
the park;
(i) The possible effects upon the peaceable passage or presence of persons in
(ii) The potential for disorder or unlawful injury to persons or property;
(iii) The potential invasion of other persons' rights of privacy;
(iv) The possible unlawful breach of disturbance of the peace;
(v) Any actual conflict with other scheduled park uses or events.
The City shall not deny a permit on the basis of any dislike for or disagreement with the
content of any proposed talks, addresses, lectures, or musical presentations. The City may, however,
deny a permit for any such events which are designed for the purpose of advocating imminent lawless
conduct.
(3) Power source for amplifiers. Amplifiers permitted in parks shall be operated only
through a power source provided or approved by the City or with a battery.
(d) Prohibition of firearms, fireworks, BB guns, toy weapons. No person shall carry or discharge
firearms, firecrackers, rockets, torpedoes, or other types of explosives; or carry or discharge any gun,
pistol, slingshot or similar device, or any bows and arrows, or carry or use any other object capable of
propelling a projectile; or carry or use any object calculated to make a noise sufficient to disturb the
peace or quiet of the park; or bring into any park any of the above objects or articles.
(e) Prohibition of dangerous weapons. The provisions of the California Dangerous Weapons
Control Law are applicable in City parks and shall be enforced and prosecuted in accordance with the
provisions thereof. No person shall carry on his or her person any knife or dagger.
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(f) Exceptions to applicability. The provisions of subsection (e) above shall not be deemed to
prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or for the purpose of
lawful recreation.
(g) Damaging property. No person other than a duly authorized City employee in the
performance of his or her duties shall cut, break, injure, deface or disturb any tree, shrub, plant, rock,
building, cage, pen, monument, fence, bench or other structure, apparatus, or property; or pluck, pull
up, cut, take or remove any shrub, bush, plant or flower; or mark or write upon, paint or deface in any
manner any building, monument, fence, bench or other structure.
(h) Damaging land. No person other than a duly City -authorized employee in the performance
of his or her duties shall cut, dig, or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer,
except park maintenance personnel.
(i)Temporary or permanent structures. No person shall erect or construct any temporary or
permanent structure, comprised of any material, within any City park, unless specifically permitted by
the prior written approval of the City.
(1) Any object installed, placed, or deposited in violation of this subsection shall be
removed by City personnel and stored. The owner, if readily ascertainable, shall be promptly notified.
Upon failure of the owner to claim such object within three months after removal, the object shall be
deemed unclaimed property and shall be disposed of in accordance with all applicable laws and
regulations.
(j) Golf. No person shall play or practice the game or golf, including chipping, putting, driving or
any other type of play or practice which includes the hitting of a golf or similar type ball with a golf or
similar type club.
(k) Water. No person shall swim, fish, bathe, wade, release pet animals in, or pollute the water
of any fountain, pond, lake, stream or reservoir except by permission of the City.
(1) Fires and fireplaces. No person shall kindle a fire except in fireplaces provided for that
purpose or in barbecues approved by the City, except by permission of the City.
(m) Waste liquids and refuse. No person shall wash dishes, or empty salt water or other waste
liquids, or leave garbage, cans, bottles, papers or other refuse elsewhere than in the receptacles
provided therefor.
(n) Park hours. No person shall be or remain in any park beyond posted hours as established
by the Director of Community Services. The provisions of subsection (c)(2) of this section shall govern
the granting or denial of such permission. Unless otherwise posted on the park grounds, the following
are established park hours:
Lighted Athletic Parks 8.00 a.m. — 10:00 p.m.
All Other Parks 8:00 a.m. — Sunset.
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(o) Smoking. Smoking is prohibited and unlawful within the boundaries of all public parks within
the City.
(p) Alcoholic beverages. No person shall consume any alcoholic beverage within any park unless
specifically permitted by the prior written approval of the City.
(q) Controlled substances. The provisions of the California Uniform Controlled Substances Act
are applicable in City parks and shall be enforced and prosecuted in accordance with the provisions
thereof.
(r) Glass containers. No person shall possess any glass container in City parks.
(s) Vendors selling food and/or merchandise, whether stationary or roaming, shall not be
allowed to vend in any areas of City parks outside of the paved pedestrian paths. For vendors selling
upon paved pedestrian paths in City parks, such vendors shall comply with the regulations contained in
Chapter 28 of Title 5 of this Code.
Sec. 5-21.06. Violations.
(a) Every act prohibited or declared unlawful and every failure to perform an act made
mandatory by these regulations is a misdemeanor punishable by imprisonment in the County Jail not
exceeding six (6) months, or by fine of one hundred dollars ($100.00), or by both.
(b) Every act prohibited by subsections (d), (e), (i), (p) or (q) of Section 5-21.04 of this chapter
shall subject the possessor of the prohibited items to confiscation of those items.
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EXHIBIT C
Section 7-4.03. Erecting and Maintaining
It shall be unlawful to erect, or cause to be erected, or maintain, or cause to be maintained, any
structure within the public rights-of-way within the City, except for those structures which serve the
interests of the general public, such as fire hydrants, street signs, street lights, public postal receptacles,
and public utility structures. (§ 2, Ord. 121)
(a) Building in public place unlawful. It is unlawful for any person, firm or private corporation to
erect, construct or place any permanent building, structure or edifice, or any encroachment whatsoever,
upon any public street, alleyway, sidewalk, court or park of this city, as shown, delineated and/or
designated as such, upon any official or recorded map, plat, or survey of the whole or any part of the
area included within the corporate limits of this city, without first obtaining a valid permit for such
construction from the appropriate authority of the city.
(b) Owner responsible for maintenance. The maintenance, repair and upkeep of all private
structures and improvements, including landscaping, located within a public right-of-way shall be the
responsibility of the adjoining property owner. Private structures are defined generally as those that
benefit only the abutting property and do not serve the public at large including, but not limited to,
driveways, planters, walls, fences, landscape areas, entry walkways, sidewalks, irrigation devices,
electrical facilities and other utilities connected to the house meter. If, in the opinion of the city, such
improvements interfere with the public interest or use, they shall be removed at the owner's expense
upon written notice from the city.
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