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Ordinance Number 853167 ORDINANCE NO. 853 AMENDMENT TO TITLE 9 OF THEMUNICIPALCODE - ACCESSORY USES AND STRUCTURES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-3.607(g) AND (i), ENTITLED "ACCESSORY USES AND STRUCTURES' THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. A. The existing provisions of Section 9-3.607(g) establishes a list of prohibited, finish materials that are not to be used in the construction of accessory structures in residential districts. B. Since the establishment of the present regulations regarding prohibited finish materials was adopted, a number of technological advancements in the use of alternate materials to visually simulate wood, stucco and masonry materials has taken place. C. In order to consider these new types of finishing materials, it is necessary to establish a procedure and provisions to allow the City to consider on an individual basis the authorization to use these new materials to simulate wood, stucco and masonry. D. Furthermore, there are a number of existing structures that were legally constructed prior to the existing standards that would, under the present regulations, need to be abated if the current provisions are not amended. E. The proposed amendment has been reviewed for compliance with the California Environmental Quality Act, and it has been certified that the amendment will not result in a significant impact on the environment and a Negative Declaration has been issued. SECTION 2. Amendment Text. The code amendment consists of the following: A. Section 9-3.607(g)(5) is hereby amended in its entirety to read as follows: "(5) Prohibited materials. The following building materials shall not be used in the finish materials of an accessory structure: -1- 168 (i) Exterior sides of accessory structures shall not use metal siding and/or exposed metal supports, cloth, canvas, plastic sheeting, corrugated fiberglass, or corrugated metal. (ii) Roofs of accessory structures shall not use cloth, canvas, plastic sheeting, corrugated fiberglass, or corrugated metal. (iii) The use of the above finish materials may be used upon review by the Planning Director and conformation by the Planning Commission if it is determined that the material will have a finished appearance of either wood, stucco or masonry, or is used in such a manner that it is not visible from any off-site property. B. Section 9-3.607(i), entitled "Removal of Accessory Structures with Prohibited Materials" is hereby deleted in its entirety. passage. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published once as required by law and posted at the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 5th day of T P.ramhar , 2000. ATTEST: CITY CLERK-) UZ MAYOR -2- 169 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrapo, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 853 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on November 21, 2000, and adopted at a meeting held on December 5, 2000, by the following vote: AYES: Council Members Bathgate, Greiner, Swerdlin and Mayor Hart NOES: None ABSTAIN: Council Member Gelff ABSENT: None (SEAL) Ch CHERYL JGIEWSON, CITY CLERK -3-