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Ordinance Number 739M] ORDINANCE NO. 739 AMENDING TITLE 9 OF THE MUNICIPAL CODE - DUTIES OF CERTAIN CITY -APPOINTED COMMISSIONS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9 (LAND USE), CHAPTER 2 (ADMINISTRATION), OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO DUTIES OF APPOINTED COMMISSIONS/COMMITTEES IN ADMINISTRATION OF THE PROVISIONS OF THIS TITLE THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Code Amendments. 1. Code Reference Amendments. a. The words 'Design Review Commission" in the following sections shall be revised to read "Planning Commission": (1) Section 9-3.603(e)(4)(ab) (2) Section 9-3.603(k)(4) (3) Section 9-3.603(k)(4)(aa) (4) Section 9-3.603(k)(4)(ab) (5) Section 9-3.604(d) (6) Section 9-3.614(b)(9) (7) Section 9-3.617(k)(1) (8) Section 9-3.617(m) b. Section 9-2.301(b)(1)(C) of Article 3 of Chapter 2 of Title 9 of the San Juan Capistrano Municipal Code shall be amended to read as follows: "Section 9-2.301(b)(1)(C) Indicate which reviewing boards/commission shall be involved in the analysis and recommendation of the application. These shall include, but not be limited to: (i) Planning Commission (ii) Transportation Commission (iii) Parks, Recreation and Equestrian Commission (iv) Cultural Heritage Commission -1- 030 (v) Los Rios Review Committee (vi) Appropriate outside agencies" C. Section 9-2.311(a)(1)(B) of Article 3 of Chapter 2 of Title 9 of the San Juan Capistrano Municipal Code shall be amended to read as follows: "Section 9-2.311(a)(1)(B) Designate which reviewing boards/commission shall be involved in the analysis and recommendation of the project plans. These shall include, but not be limited to: (i) City Council (ii) Planning Commission (iii) Transportation Commission (iv) Parks, Recreation and Equestrian Commission (v) Cultural Heritage Commission (vi) Los Rios Review Committee (vii) Appropriate outside agencies" 2. Amendment Text Section 9-2.306 (Design Review for Non -Residential Project or Projects with a Gross Density of Eight Units per Acre or more) of Article 3, Chapter 2, Title 9, is hereby amended in its entirety to read as follows: "Section 9-2.306 Design Review for Residential Project or Projects with a Gross Density of Eight Units per Acre or More a. Scope of Design Review. Design review shall be conducted for every project proposing a commercial, office, industrial, institutional, recreational, or other non-residential development use, or residential projects with a gross density of eight (8) units per acre or more. 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 Section 9-2.301 of the San Juan Capistrano Municipal Code. b. Design Review Process. The following application and review sequence shall be used to conduct design review: -2- 031 (1) Applications. Design review applications shall include the following information: (aa) Preliminary site plan (to scale) showing dimension boundaries of the project site, existing contours, existing vegetation and adjacent property a minimum of 300 feet from project boundaries. All existing and ultimate right-of-way, including private street easements, shall also be depicted on the plan. Items that can be submitted on a separate plan or included on the site plan are as follows: (i) Proposed access to public/private streets, internal circulation, both pedestrian and vehicular, parking provisions (including number of spaces), walkways, planting areas, trash enclosures, fences, walls, trellis locations, utility boxes, General Plan trails, and other structures and site features; (ii) Proposed conceptual building footprints, noting the amount of building square footage, height of individual buildings and proposed uses. (iii) Conceptual grading plan noting both existing and proposed landform alternation. The plan shall note the location of all existing and proposed utilities and disposition of any existing structures or trees. This plan may be combined on the conceptual site plan. (ab) Architectural drawings (to scale) showing all elevations of the proposed buildings and structures as they will appear on completion of construction. All exterior surfacing materials and colors shall be noted on the plans; (ac) Roof plan that depicts the design of the roof and the placement of any building equipment; -3- )32 (ad) Building materials and color board that depicts all exterior finishes and colors. (ae) A landscape plan, drawn to scale, showing the location of existing trees proposed to be removed and retained; drawings indicating the amount, type and location of all plant material; a legend noting the common and botanical name and size of all plant material including watering and root characteristics. Said plan to be designed consistent with the provisions of Section 9-3.617 (Water Conservation Landscape) of the San Juan Capistrano Municipal Code; (af) Sign program which shows size, location, type of construction, material, colors and method of illumination; (ag) Lighting plan showing type of fixture, location, height, and surface illumination measurements; (ah) Plan for all exterior mechanical equipment and method to be used to screen equipment; (ai) Detail sheet which shows all proposed designs for fences, walls and other site features; (aj) Any other drawings or additional information necessary to determine compliance with this section as required by the Planning Manager. C. Review Procedures. (1) Upon the receipt of a completed development review application, the Planning Manager shall cause the application to be transmitted to all responsible departments and outside agencies. After all reviewing agencies have responded, or at the end of thirty (30) days, whichever is shorter, the Secretary for the Design Review Committee shall cause to be prepared a memorandum detailing the application along with a completed development checklist. Said documents, including the project plans, will be transmitted for formal review by the Design Review Committee. Said -4- 033 review to be scheduled immediately upon acceptance of a completed application. (2) The Design Review Committee shall review the plan with staff and the applicant to identify any design issues related to the conceptual plans submitted with, the application. Said issues and recommendations are to be forwarded to the Planning Commission upon completion of any other required City advisory commission or committee review. (3) The Planning Commission shall consider and take an action on the merits of the application in the form of an adopted resolution, containing a statement of findings and any conditions which may be imposed on the application. In making a motion to approve, the Planning Commission shall make the following findings: (aa) The project plans comply with all provisions of Title 9 of the San Juan Capistrano Municipal Code. (ab) The architectural 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; (ac) The general design considerations, including the character, scale, and quality of the design are consistent with the adopted Architectural Design Guidelines of the City, that the architectural relationship with the site and other buildings, including building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements, have been incorporated in order to insure the compatibility of this development with the character and scale of adjacent buildings; and, (ad) 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 -5- J34 passage. structure, and to provide an attractive environment for the enjoyment of the public. 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. (4) The Planning Commission may continue an item to seek additional information. However, in no instance shall an item be continued for more than two meetings, unless agreed to by the applicant. (5) Appeals of the Planning Commission action may be made to the City Council in accordance with Section 9-2.314 of the San Juan Capistrano Municipal Code. 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; furthermore, the Commission may modify or impose additional conditions. If new conditions are considered, findings supporting the need for these conditions shall be included in the action resolution. Decisions of the Planning Commission on applications for extensions may be appealed to the City Council in accordance with Section 9-2.314 of the San Juan Capistrano Municipal Code." SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its iris 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 alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified.eopy 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 19th day of October 1993. ATTEST: CITY CLERIC) -7- 035 you STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 739 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on October 5th 1 1993, and adopted at a meeting held on October 19th 1993, by the following vote: AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) 2A"c xi, CHERYL JOHNSON, CITY CLERK E:11