Ordinance Number 745M
ORDINANCE NO. 745
AMENDING TITLE 9 OF THE MUNICIPAL CODE -
ADMWISTRATiVE APPROVALS AND ZONING ADMINISTRATOR DUTIES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTIONS 9-2.315 AND 9-2.404 OF THE MUNICIPAL CODE TO
MODIFY THE STANDARDS OF ADMINISTRATIVE APPROVAL AND TO
EXPAND THE DUTIES AND RESPONSIBILITIES OF THE ZONING
ADMINISTRATOR
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings.
1. In July, 1993, the City Council initiated an amendment to the Municipal Code under
City Council Resolution No. 93-7-6-8 to prepare specific language to streamline certain applications under the
development review process.
2. The proposed action has been determined to be categorically exempt from the
California Environmental Quality Act under Class 4, regulations for new construction or conversion of small
structures.
3. A public hearing has been duly advertised and held on the project.
SECTION 2. Code Amendment.
Based upon the findings set forth in Section 1, preceding, the City Council hereby amends Title
9, Land Use Code, of the San Juan Capistrano Municipal Code, as follows:
1. Section 9-2.315, Administrative Approvals, of Article 3 of Chapter 2 of Title 9 of the
San Juan Capistrano Municipal Code is hereby amended in its entirety to read as follows:
"Sec. 9-2.315. Administrative Approvals
a. Authority of the Planning Director. The Planning Director has been granted authority
of administrative approval in accordance with Chapter 3 of this Title, subject to specific
findings and procedures. Therefore, the following items are hereby delegated to the
Director for review and approval:
(1) Outdoor display of merchandise and product display for an existing building
which complies with the provisions under Section 9-3.616(c)(1), Section
9-3.616(c)(2) and Section 9-3.616(c)(3).
(2) Outdoor storage as permitted in individual districts in compliance with the
findings under Section 9-3.616(b)(1) and Section 9-3.616(b)(2).
(3) Outdoor dining - Where that portion of the area used for outdoor dining is
considered in calculating the parking requirements in accordance with Section
9-3.602(g)(3)(iv), Section 9-3.602(g)(3)(v), and Section 9-3.602(g)(3)(vi) and
a finding is made that all parking provisions of the Municipal Code are
satisfied.
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(4) Building additions not to exceed 10% of the gross floor area of the existing
building with a maximum of 1,000 square feet. This application shall be
allowed one time only for each building. A finding of consistency with the
existing building architectural style, materials, colors and other provisions of
the Municipal Code is made.
(5) Color changes, windows and door relocation and/or additions which are
compatible with the existing building architectural style and the City's adopted
Architectural Design Guidelines.
(6) Modifications which are minor in nature to approved tentative tract or parcel
maps.
b. Process. Within five working days of receipt of a complete application form and all
supporting information, the Director shall approve, deny, or approve subject to
modifications or refer the project to the Planning Commission for review and action.
C. An approved application will be valid for one year and shall not be extended.
d. Decisions of the Director of Planning regarding administrative approvals may be
appealed to the City Council in accordance with Section 9-2.312(d)."
2. Section 9-2.404, Authority of Zoning Administrator, of Article 4 of Chapter 2 of Title
9 of the San Juan Capistrano Municipal Code is hereby amended in its entirety to read as follows:
"Sec. 9-2.404. Authority of Zoning Administrator.
Subject to the general control and supervision of the City Manager, the Zoning Administrator
shall have authority in the following areas:
a. Conditional Use Permits. The Zoning Administrator shall have authority to make
determinations on conditional use permit applications subject to the criteria set forth
in Section 9-2.303 of the Municipal Code. Said authority shall be limited to the
following specific areas:
(1) AG District
(a) Tennis court lighting, as set forth in Section 9-3.607(e)(4).
(b) Collection centers for recycling, as set forth in Section 9-3.629.
(c) Kennels, commercial, as set forth in Section 9-3.619.
(d) Processing and/or sales of top soil or rill dirt.
(e) Secondary dwelling unit, as set forth in Section 9-3.607(c).
(f) Packing plants for whole agricultural products, excluding food
processing.
(2) RA District
(a) Tennis court lighting, as set forth in Section 9-3.607(e)(4).
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(a) Veterinary offices and clinics.
(b) Public or private elementary schools requiring no outdoor facilities.
(7) CN District
(a) Veterinary offices and clinics.
(8) CG District
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(b)
Kennels, commercial, as set forth in Section 9.3.619.
(c)
Secondary dwelling unit, as set forth in Section 9-3.607(c).
(3)
ES &
EL Districts
(a)
Tennis court lighting, as set forth in Section 9-3.607(e)(4). -
(b)
Apiaries.
(c)
Kennels, commercial, as set forth in Section 9-3.619.
(d)
Small animal raising, noncommercial, in conjunction with the
residential use of a lot, wherein the lot size is greater than 15,000
square feet. Permitted species include rabbits, chickens and animals
of similar size. Animal slaughtering or commercial animal raising or
breeding is prohibited.
(e)
Secondary dwelling unit, as set forth in Section 9-3.607(c).
(4)
RS District
(a)
Tennis court lighting, as set forth in Section 9-3.607(e)(4).
(b)
Small animal raising, noncommercial, in conjunction with the
residential use of a lot, wherein the lot size is greater than 15,000
square feet. Permitted species include rabbits, chickens and animals
of similar size. Animal slaughtering or commercial animal raising or
breeding is prohibited.
(c)
Secondary dwelling unit, as set forth in Section 9-3.607(c).
(5)
CT District
(a)
Cabarets and nightclubs.
(b)
Dancing and live entertainment.
(c)
Meetings and seminars conducted by non-profit organizations
(provided they are accessory to a permitted principal use).
(6)
CO District
(a) Veterinary offices and clinics.
(b) Public or private elementary schools requiring no outdoor facilities.
(7) CN District
(a) Veterinary offices and clinics.
(8) CG District
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(a) Installation and operation of more than three (3) game machines as
an accessory use.
(b) Book binding.
(c) Pottery or ceramics manufacturing.
(d) Veterinary offices and clinics.
(e) Cabarets and nightclubs
(f) Dancing and live entertainment.
(9) CM District
(a) Pottery and ceramics manufacturing.
(b) Veterinary offices and clinics.
(c) Cabarets and nightclubs.
(d) Dancing and live entertainment.
(e) Collection and recycling of paper, glass and other materials, excluding
junk yards and automobile salvage.
(f) Secondhand stores.
(10) MG & MP Districts
(a) Animal shelters.
(b) Collection and recycling of paper, glass and other materials, excluding
junk yards and automobile salvage.
(c) Kennels, commercial and non-commercial, as set forth in Section
9-3.619.
b. Variances. The Zoning Administrator shall have the authority to make determinations
on variance applications, except when any application is submitted in conjunction with
a part of a project which requires Planning Commission action as a normal course and
shall automatically be referred to the Planning Commission. The variance shall be
subject to the findings set forth in Section 9-2.304.
C. Adjustments. The Zoning Administrator shall have authority to make determinations
on adjustment applications subject to the criteria and limitations set forth herein. No
public hearing shall be required in the determination of an adjustment application.
Such authority shall be limited to the following specific adjustments:
All dimensional or percentage requirements of Chapter 3 of Title 9
of the Municipal Code - maximum of ten percent (10%) adjustment
to required minimums or maximums.
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d. Exceptions. The Zoning Administrator shall have the authority to grant exceptions,
except when any application is submitted in conjunction with a part of a project which
requires Planning Commission action as a normal course and shall automatically be
referred to the Planning Commission. The exception shall be subject to the findings
set forth in Section 9-2.304(i)
e. Modifications to Approved Architectural Control Applications. The Zoning
Administrator shall have the authority to make determinations on modifications to
Architectural Control applications subject to the criteria set forth herein. No public
hearing shall be required. This application shall be allowed one time only for each
element of an approved Architectural Control application. Said authority shall be
limited to the following specific modifications:
(1) Lighting, landscaping and sign program modifications in compliance with the
criteria as established within Municipal Code Sections 9-3.614 (Lighting),
9-3.617 (Landscaping) and 9-3.603 (Signs).
(2) Dimensional and percentage requirements for lighting, landscaping and sign
program shall not exceed a maximum of a ten percent (10%) modification.
(3) Building additions not more than fifteen percent (15%) nor greater than 1,500
square feet, whichever is less. This application shall be allowed one time only
for each building."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECPION 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 duty 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 copy of the text of this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance,
together with the vote for and against the same, in the Office of the City Clerk.
ATTEST:
CITY CLERI
PASSED, APPROVED AND ADOPTED this 1st day of March , 1994.
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,COLLENECAMPBEL'L, MAYOR
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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. 745 which was
introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on
February 15th 1994, and adopted at a meeting held on March 1st 1994,
by the following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) ( /� ( r )
CHERYL JOH ON, GITY CLERK
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