Ordinance Number 6770 59
ORDINANCE NO. 677
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING MISCELLANEOUS SECTIONS OF TITLE
9, LAND USE, OF THE MUNICIPAL CODE, RELATING TO FENCES,
SWIMMING POOLS, OUTSIDE STORAGE, TREE REMOVALS AND
DEVELOPMENT STANDARDS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amending Section 9-3.604, "Fences, Walls and Hedges."
Municipal Code Section 9-3.604(d), entitled "Other Districts," is hereby
amended to read as follows:
"Section 9-3.604(d) Other districts. Fence height and design in all districts
other than residential and agriculture shall be approved by the Director if not a part of a
development application being processed in accordance with Section 9-2.301
(Development Review). Fences being considered as part of a development application
(Section 9-2.306) shall be approved by the Design Review Commission."
Municipal Code Section 9-3.604(e), entitled "Tennis Courts," is hereby amended
to read as follows:
"Section 9-3.604(e) All districts. Fences and walls for the following uses shall
be subject to the location, height and design standards so stipulated by the referenced
section of the Code:
"(1) Fences to be located within corner lots shall be in compliance with the
visibility provisions of Section 9-3.605 (Visibility at Intersections).
'K2) All swimming pools, whirlpools and spas shall be enclosed by a minimum
five -foot -high (51) fence designed and located in accordance with the provisions
of Section 9-3.606 (swimming pools, whirlpools and spas).
"(3) Storage of outside materials shall be subject to the location and design
regulations of Section 9-3.616 (outside storage and displays).
1(4) Tennis court fencing shall be in compliance with the setback and height
requirements of Section 9-3.607 (accessory uses and structures)."
SECTION 2. Amending Section 9-3.606, "Swimming pools, whirlpools,
and spas."
Section 9-3.606(a) is hereby amended to read as follows:
"Section 9-3.606(a) Swimming pools, whirlpools and spas located in the RS
(Single Family), RD (Garden Home), RM (Multiple Family) and PRD (Planned Residential)
Districts shall be located no closer than five feet (5') from the edge of the water to any
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side or rear property line, and shall maintain the front yard setback as specified in this
Code for the principal building on the lot. In no case shall pools be located where the
fence height is restricted to less than five feet (5')."
SECTIOIT 3.
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Section 9-3.607(cXIO) "General Plan Consistency," is hereby deleted.
SECTION 4. Amending Section 9-3.616, "Outside storage and
displays."
Section 9-3.616(b)(1) is hereby amended to read as follows:
"Section 9-3.616(b)(1) Any outdoor area used for storage shall be completely
enclosed by a solid masonry wall with necessary gates, at a minimum height of six feet
(6') and a maximum height of eight feet (89. The substitution of a fence, decorative wall,
or dense plantings which will adequately buffer the area may be approved as a part of the
development review procedures."
SECTION 5. Amending Section 9-3.618, 'Tree Removal."
Section 9-3.618 is hereby amended to read as follows:
"The definitions, rules for compliance, identification of procedures, and other
matters relating to the removal of trees on public and private property are set forth in
Section 9-2.309 of Article 3, Chapter 2 of this Title."
SECTION 6. Amending Section 9-3.408, "Mobile Home (MHP)
District."
Section 9-3.408(f)(3) is hereby amended to read as follows:
"Section 9-304(f)(3) Setback requirements. Mobile homes shall observe the
setback requirements of Title 25, California Administrative Code, as follows:
"(i) Front yard, side yard, and rear yard setbacks for mobile homes shall be
three feet (31) except where the yard abuts a street or open space lot in which
case the setback can be reduced to zero. In all instances a minimum of ten
feet (10') shall be maintained between a mobile home and a mobile home on an
adjacent lot.
"(ii) Front yard, side yard and rear yard setbacks for mobile home accessory
structures may be zero provided a minimum of three feet (3') is provided
between a mobile home accessory structure and a mobile home or accessory
structure on an adjoining lot."
SECTION 7. Amending Section 9-3.408 "Mobile Home (MHP)
District."
Section 9-3.408(f)(5) is hereby deleted.
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passage.
SECTION 8. Amending Section 9-3.424, "Development Standards."
Section 9-3.424(b) is hereby amended to add the following:
"(13) Architectural projections into side yards. Architectural projections may
extend into required side yards no more than forty percent (40%) of the
applicable district requirement, nor less than three feet (31), whichever is
greater. Exceptions to these standards may be granted by the Planning
Commission in accordance with Section 9-2.304."
SECTION 9.
Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 10. 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 is 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.
PASSED, APPROVED, AND ADOPTED this 6th day of November
1990.
GAYLUSDORFER, MAY
ATTEST: .
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHEIZYL 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. 677 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on Octob er 16 , 1990, and adopted at
a meeting held on November 6 , 1990, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim and
Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Bland
ABSENT: None
(SEAL)
CHERYL JOaNSW, CITY CLERK
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