Ordinance Number 620ORDINANCE NO. 620
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 2 "ADMINISTRATION" OF
TITLE 9 "LAND USE" OF THE MUNICIPAL CODE
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THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Chapter 2, "Administration", of Title 9, entitled "Land Use", is hereby
amended in its entirety to read as follows:
CHAPTER TWO
ADMINISTRATION AND PROCEDURES
ARTICLE 1. GENERAL PLAN REVIEW AND CONSISTENCY
Section 9-2.101. Consistency of Projects with General Plan.
(a) General Plan Consistency Requirements - The California Government Code
requires that all city zoning ordinances, zone changes, subdivisions, and public
works projects be consistent with the City's General Plan. It is the intent and
purpose of this Land Use Code (i.e., Title 9, Chapters 1 through 4, Municipal Code)
and the City's overall planning program that no public or private development
project shall be approved which is found not consistent with the City's General
Plan. This section sets forth procedures for determining the consistency of
proposed projects with the General Plan.
(b) Procedures for Determining Consistency - The Director of Community Planning
and Development shall make a preliminary finding on whether a proposed zone
change, subdivision, or other land use or development application is consistent
with the General Plan.
If the Director finds that a proposal is not consistent with the General Plan or
that there is reasonable doubt regarding General Plan consistency, the Director
shall refer the application to the Planning Commission for a consistency finding
prior to review of the proposal itself.
If the Director finds that the proposal is consistent with the General Plan, the
proposal shall be scheduled for normal development review processing (ref.
Section 9-2.301 through 9-2.315) and approval or denial. The appropriate decision-
making authority shall make a final determination of General Plan consistency
prior to or concurrent with approval or denial of the application in question.
In all cases, if the final decision-making authority finds that a proposal is not
consistent with the General Plan, the proposal shall be denied.
Determinations regarding General Plan consistency may be appealed in
accordance with the provisions of Section 9-2.314.
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(c) Criteria for Determining Consistency
The Director or the applicable decision-making authority shall utilize the
following criteria in determining whether a proposed project is consistent with the
General Plan:
(1) The proposal is compatible with the goals, policies, objectives, programs,
and general land uses of applicable elements of the General Plan. In order
to satisfy this criterion, a proposal must meet the overall intent of such
goals, policies, and objectives.
(2) The base zoning district (ref. Chapter 3 of this Title 9) required to
accommodate the proposal is consistent with the applicable General Plan
land use designation shown on the General Plan Composite Map. Such
zoning consistency shall be determined by the Zoning Consistency Matrix
(Table 2-1, following). The General Plan land use boundaries are intended
to be approximate. Zoning district boundaries and General Plan land use
designation boundaries need not precisely coincide to satisfy this
consistency requirement. The precise zoning boundaries shall be
determined as the result of more detailed study of the property in
question and may deviate somewhat from the General Plan boundaries.
(3) For residential projects, the number of project dwelling units is consistent
with the General Plan density designation. Density and unit counts shall
be computed in accordance with Section 9-2.103.
Section 9-2.102. General Plan Amendments.
(a) Initiation of General Plan Amendments - Only the City Council may initiate a
General Plan amendment by adopting a resolution directing the Department of
Community Planning and Development to conduct an appropriate General Plan
study. In addition, any property owner or his designated agent, the Planning
Commission, or a member of the City Council may petition the City Council to
initiate a General Plan amendment.
(b) General Plan Amendments Four Times Per Year - Pursuant to Government Code
Section 65358, no mandatory element of the plan shall be amended more
frequently than four (4) times during any calendar year. The Director of
Community Planning and Development shall, in January of each year, schedule
four (4) tentative times during the year when General Plan amendments may be
heard by the Planning Commission and City Council.
(c) Minimum Vote Requirement - Pursuant to Government Code Section 65356, no
General Plan amendment shall be enacted unless the City Council votes by three
(3) affirmative votes to approve the proposed General Plan amendment.
In the event that the Planning Commission fails to recommend approval of a
Gener$1 Plan amendment by three (3) affirmative votes of its membership, a lack
of an affirmative recommendation shall be treated as a denial and the matter
shall be forwarded to the City Council for final action.
(d) Amendment Review Procedure - Each petitioner for a General Plan Amendment
shall submit information deemed necessary to complete environmental review and
the consideration of the amendment itself. The Director shall prescribe the type
and form of information required and shall ensure that it is of sufficient detail to
allow adequate analysis of each proposal.
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Following City Council acceptance of one or more GPA petitions for
consideration, the following procedure shall be used:
(1) Environmental Review - Environmental review of the proposed
amendment shall be in accordance with Section 9-2.201.
(2) Other Board/Commission Review - Other City Boards and Commissions,
due to specific aspects of the amendment, may be designated as advisory
bodies and requested to provide comments and recommendations to the
Planning Commission and City Council. Said advisory bodies shall be
designated by the Environmental Review Board per Section 9-2.301.
Applicable review by the designated board or Commission shall be
completed and recommendations transmitted to the Planning Commission
72 hours prior to the scheduled public hearing.
(3) Planning Commission - The Planning Commission shall hold a public
hearing, review the proposed GPA, and forward a recommendation for
action on the GPA to the City Council.
(4) City Council - The City Council shall approve, deny, or modify a proposed
general plan amendment. Any substantial modification proposed by the
City Council not previously considered by the Planning Commission shall
first be referred to the Planning Commission for its recommendation.
Such referrals shall not require a public hearing by the Planning
Commission. The failure of the Planning Commission to then report to
the City Council within 45 calendar days following the referral shall be an
automatic approval by the Planning Commission.
Section 9-2.103. Residential Density and Unit Count.
The maximum residential density for a specific property is designated on the General
Plan Composite Land Use Map. Pursuant to the Land Use Element of the General Plan,
the City may approve the redistribution of dwelling units over a property which contains
more than one land use designation, provided: the overall General Plan density for the
property is not exceeded and the goals and policies of the General Plan are maintained.
The actual density and net dwelling units may be less than the maximum designated on
the General Plan in order to meet the development standards of Title 9 and other
applicable regulations. The City Council has the final authority, through the
administration of this Land Use Code, to determine the appropriate density for each site.
ARTICLE 2. ENVIRONMENTAL REVIEW
Section 9-2.201. Environmental Review Procedures.
All land use and development review applications referenced in this chapter (such as zone
changes, conditional use permits, subdivisions, etc.) and all public works and other public
projects shall undergo environmental review prior to consideration by the decision-
making authohity. Environmental review shall be carried out in accordance with the
California Environmental Quality Act, State Environmental Impact Report Guidelines,
City's Environmental Impact Report Guidelines, and other applicable regulations.
Section 9-2.202 Environmental Review Board.
Environmental review of projects shall be carried out by the City's Environmental
Review Board (ERB). The ERB shall be composed of the City Manager, the Director of
Community Planning and Development, and the City Engineer or those persons' duly
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authorized representatives. The Director of Community Planning and Development or
his or her representative shall serve as ERB chairman. The ERB shall meet regularly,
shall develop pfocedures for the efficient completion of environmental review for all
project's, and shall perform other duties, as specified in Article 3 of this chapter, to
facilitate the land use and development review process.
ARTICLE 3. LAND USE AND DEVELOPMENT REVIEW PROCEDURES
Section 9-2.301. Development Review.
(a) Development Review Procedures - Any commercial, industrial or residential site
plan, tentative tract or parcel map, conditional use permit, zone change, code
amendment, or other development application as identified throughout this title is
subject to the development review process. All public improvement plans and
outside Agency projects will be subject to the provisions of Section 9-2.311.
(b) Preliminary Review
(1) Applications for various types of development permission shall be filed
with the Department of Community Planning and Development. Such
application shall be in a form as prescribed by the Director of Community
Planning and Development and shall include information as may be
required to satisfy Environmental Impact Report requirements. It shall be
the obligation of the applicant to file all necessary information prior to
acceptance of the application. Fees shall be collected at the time of
application submittal (reference Section 9-2.316).
Upon receipt of a complete application, it shall be reviewed by the
Environmental Review Board. The Board shall:
(i) Provide direction to the applicant regarding compliance with the
City's standards, regulations, and General Plan.
(ii) Determine the environmental impacts of the application and
either issue a Negative Declaration, a categorical exemption, or
require preparation of an Environmental Impact Report in
accordance with Section 9-2.201.
(iii) Designate which reviewing Boards/Commissions shall be involved
in the analysis and recommendation of the application. These
shall include, but not be limited to:
*
Planning Commission
*
Architectural Board of Review
*
Traffic and Transportation Commission
*
Parks and Recreation Commission
*
Equestrian Commission
*
Cultural Arts and Heritage Commission
*
Los Rios Review Committee
*
Appropriate outside agencies
(c) Review Procedure - Upon receipt of a completed application and consideration by
the Environmental Review Board and any additional environmental documentation
(preparation of draft EIR), the City Planner shall cause the application to be
transmitted to all responsible departments and outside agencies (30 -day review
period). After all reviewing agencies have responded or at the end of 30 days,
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whichever is shorter, the Secretary to applicable boards/commissions shall cause
to be prepared a staff report for transmittal and review by said board/commission.
(d) Actions - Action shall be taken by the Planning Commission on each application as
follows:
(1) Forward a recommendation of approval, if appropriate, with conditions or
denial for code amendments, zone changes, General Plan amendments, and
tentative tract/parcel maps to the City Council.
(2) Final discretionary action on zone variances and conditional use permits
that are not reviewed by Zoning Administrator, Architectural Control and
other development applications as identified throughout this title.
The Planning Commission may continue an item to seek additional information or
further recommendations from reviewing agencies. However, once placed upon an
agenda, the application shall be acted upon within 30 days unless applicant agrees
to a continuance to a specified time. Appeals of the action of the Planning
Commission may be made in accordance with Section 9-2.314 for items reviewed
under subsection 2 above.
Upon report for all development applications listed under subsection 1 above, the
City Council shall consider the application, staff analysis, and recommendations
from advisory boards/commissions and public testimony (public hearing required),
and take a final action on the application. Said action may include approval as
submitted, approval subject to conditions/modifications, or denial with findings.
If the City Council takes an action based upon information that was not available
or considered by the Planning Commission, the item shall be referred back to the
Planning Commission for report and recommendation within 30 days. If a report is
not submitted to the City Council within said time, the action of the City Council
shall be deemed final.
(e) Imposition of Conditions - In approving a development application, the approving
body shall impose conditions it deems necessary in order to provide compatibility
of the proposed development application with existing and proposed land uses, for
consistency with the goals, policies, and objectives of the General Plan, and to
otherwise enforce the provisions of this title.
(f) Expiration - Development applications shall expire 24 months after approval or
conditional approval by the final decision-making body (except General Plan
amendments, code amendments, and zone changes, which are adopted by
ordinance and have no expiration date), and Conditional Use Permits which shall
have an initial approval period of one year).
(g) Extension of Time - The final decision-making body may, upon application filed a
minimum of 30 days prior to expiration of approval, grant a time extension for an
approved development application in a manner consistent with the original
consideration. For example, if a public hearing was required for the original
approAl, a duly noticed and advertised public hearing shall be conducted in
considering any time extension.
Section 9-2.302. Zone Change and Land Use Code Amendments.
(a) Introduction - Amendments to this Land Use Code (LUC Title 9, Chapters 1
through 4) shall include either amendments to this LUC text (text amendment) or
changes in the Official Zoning Map (zone change) adopted by reference, per
Section 9-3.102, as an integral part of this Land Use Code.
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(b) Decision -Making Authority - The City Council may amend the LUC text or the
Official Zoning Map by adoption of an amending ordinance in accordance with the
procedures set forth in this section.
(c) Initiation of Application
(1) Text Amendments - Consideration of an LUC text amendment may be
initiated by the City Council. City Commissions, Boards, City staff, or
any interested private party may petition the City Council to initiate
consideration of a text amendment.
(2) Zone Change - Consideration of a zone change; i.e., a change to the
Official Zoning Map, may be initiated for a given parcel by the City
Council or by the record owner of that parcel or the owner's authorized
agent. The Planning Commission, City staff, or other interested parties
may also petition the City Council to initiate consideration of a proposed
zone change.
Applications for zone changes or text amendments may be filed with the
Department of Community Planning and Development. The Director shall
prescribe the form of application and the supporting information required
to initiate both environmental review (pursuant to Section 9-2.201) and
the zone change application review.
Zone change applications shall be considered only if found consistent with
the City's General Plan in accordance with Section 9-2.101 and Table 2-1
(Consistency Matrix).
(d) Development Review Process - Text amendments and zone change applications
shall be processed in accordance with Section 9-2.301.
(e) Planning Commission Review - Prior to City Council review, the Planning
Commission shall hold a public hearing on the proposed LUC text amendment or
zone change in accordance with Section 9-2.313. The Planning Commission shall
then forward a report and recommendation on the application to the City Council.
(f) City Council Review and Action - After receiving the Planning Commission
recommendation, the City Council shall also hold a public hearing in accordance
with Section 9-2.313. The Council shall then approve, modify, or deny the
application. However, any significant modification to a text amendment or zone
change which, in the Council's judgment was not previously considered by the
Commission, shall be referred back to the Commission for report and
recommendation prior to final Council action. A Planning Commission public
hearing shall not be required for review of such modification referrals.
Section 9-2.303. Conditional Use Permits.
(a) Purpos6 and Intent - Chapter 3, following, contains listings of land uses which are
permitted within the different zoning districts upon approval of a conditional use
permit (CUP). Such uses require approval of a CUP for their establishment
because, although deemed consistent with the purpose and intent of the district,
they typically have characteristics which require special regulation in order to
avoid or minimize potential adverse impacts on surrounding properties.
Therefore, each such proposed conditional use shall be reviewed individually to
determine if the subject land use should be permitted at the particular location
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proposed and what special conditions should be placed on the establishment and
operation of an approved conditional use.
(b) Listings of Conditional Uses - Only those uses listed in the District Regulations of
Chapter 3 as permitted conditional uses or those uses added to such listing by
"determination of use" (ref. Section 9-3.303) may be approved within a given
district by means of a CUP.
(c) Review Process - Review of a conditional use permit application shall be in
accordance with Section 9-2.301.
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(d) Decision -Making Authority - The Planning Commission or the Zoning
Administrator shall have the authority to approve, deny, or approve with
conditions CUP applications as specified in Article 4 of this Chapter. A public
hearing shall be held in accordance with Section 9-2.313 prior to action on a CUP
application.
(e) Initiation of Application - Applications for conditional use permits may be filed
with the Department of Community Planning and Development by a record owner
of the property in question or by the owner's authorized agent. The Director shall
prescribe the form of application and the supporting information required to
initiate both environmental review (pursuant to Section 9-2.201) and the CUP
application review.
(f) Conditions of Approval - In order to mitigate the possible adverse impact of a
conditional use on surrounding properties and to insure overall consistency of the
use with the Land Use Code and the General Plan, specific conditions may be
imposed on any CUP approval. Such conditions may include, but are not limited
to, restrictions on hours of operation and the imposition of a date of CUP
expiration.
(g) Establishment of Use - Conditional use permits, when approved, authorize the
establishment and operation of a particular land use at a particular location. As
such, the establishment and development of an approved conditional use must be
diligently pursued. Therefore, the conditional use must be established at the
approved location within one (1) year of final approval of the CUP. Such
establishment shall be deemed to consist of the satisfaction of all relevant CUP
conditions of approval and one of the following three actions: (1) The issuance of
a building permit for new construction (if said permit expires, approval of
Conditional Use Permit shall become null and void); (2) the issuance of a
certificate of use and occupancy for the establishment of a conditional use in an
existing structure; or (3) the commencement of operation of the conditional use in
cases where no construction or existing structure is involved (e.g., resource
extraction).
If the preceding requirements are not met within one (1) year of final CUP
approval, the conditional use permit shall be rendered null and void.
The applicable CUP- decision-making authority (e.g., Planning Commission or
Zoning Administrator) may extend the time period for meeting the preceding
requirements for establishment of the use up to one (1) additional year. The
decision-making authority shall hold a public hearing prior to action on such a
time extension.
Additional conditions may be imposed on a CUP in conjunction with a time
extension. However, such new conditions may only be imposed following a public
hearing to receive testimony on the proposed additional conditions.
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(h) Discontinuance of Conditional Use - Whenever any use of land, building or premise
established under a conditional use permit is discontinued for a period of six (6)
months or more, it shall be unlawful to re-establish such use unless a new
conditional use permit is approved in accordance with the provisions of this
section.
(i) Appeals - Decisions on conditional use permit applications may be appealed to the
City Council by the applicant or other aggrieved party in accordance with Section
9-2.314.
(j) Consistency of Working Drawings with Approved Plans - A conditional use permit
approval shall pertain only to those plans reviewed and approved with the CUP.
Further, all plans approved with a CUP shall be considered an integral part of the
CUP approval. The Director shall ensure that any final working drawings for
grading or construction authorized by a CUP approval are consistent with said
previously -reviewed plans prior to release of working drawings for plan check.
The Director may approve minor variations from previously -reviewed plans if he
or she determines that the original plan concepts are being carried out. if the
Director does not make such a determination, the subject working drawings shall
be referred to the decision-making authority for review and action.
(k) Revocation - A conditional use permit may be revoked or modified (including the
imposition of additional conditions) by the approving body upon finding by said
authority that the conditions of approval of the CUP have not been met or that
the land use is being operated in violation of other provisions of this Land Use
Code. A public hearing shall be held in accordance with Section 9-2.313 prior to
action on revocation or modification. The Director may schedule such a hearing
upon his or her preliminary finding of noncompliance with any of the preceding
requirements.
Section 9-2.304. Variances and Exceptions.
(a) Purpose and Intent - This section provides for the consideration of variances and
exceptions to the regulations of this Land Use Code (Chapters 2 through 4, Title
9).
Variances may be approved only when the City determines that, because of special
circumstances applicable to the property, including size, shape, topography,
location, or surroundings, the strict application of this Land Use Code deprives
such property of privileges enjoyed by other properties in the vicinity under
identical zoning classification.
Any variance granted shall be subject to such conditions as will assure that the
adjustment thereby authorized will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone in
which such property is situated.
A variance shall not be granted for a parcel which authorizes a use or activity
which is not otherwise expressly authorized by the District regulations (Chapter 3,
Land Use Code) governing the parcel.
(b) Decision -Making Authority - The Planning Commission or the Zoning
Administrator shall have the authority to approve, deny, or approve with
conditions the variance applications specified in Article 9-2.4. A public hearing
shall be held in accordance with Section 9-2.313 prior to action on a variance
application.
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(c) Findings Required for Approval - No variance shall be approved unless the
decision-making authority makes all of the following findings:
(1) There are special circumstances applicable to the property in question
which do not apply generally to other properties in the neighborhood.
(2) The variance is necessary for the preservation and enjoyment of privileges
enjoyed by other properties in the vicinity and under identical zoning
classification.
(3) The granting of the variance will not contribute to a property
development which will be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity.
(4) The granting of the variance is consistent with the goals, objectives, and
policies of the General Plan or any applicable specific plan.
(d) Conditions of Approval - In approving a variance application, the approving
authority may impose conditions of approval which it deems necessary to insure:
(1) The compatibility of the land use or development with existing and proposed
land uses on surrounding properties; and (2) consistency with the goals and policies
of the General Plan.
(e) Appeals - Decisions on variance applications may be appealed by the applicant or
other aggrieved party to the City Council in accordance with Section 9-2.314.
(f) Expiration of Variance - If construction (or other entitlement) authorized by an
approved variance has not been commenced within two (2) years of variance
approval, the variance shall be rendered null and void.
(g) Consistency of Working Drawings with Approved Plans - A variance approval shall
pertain only to those plans reviewed and approved with the variance. Further, all
plans approved with a variance shall be considered an integral part of the variance
approval. The Director shall ensure that any final working drawings for grading or
construction authorized by a variance approval are consistent with said
previously -reviewed plans prior to release of working drawings for plan check.
The Director may approve minor variations from previously -reviewed plans if he
or she determines that the original plan concepts are being carried out. If the
Director does not make such a determination, the subject working drawings shall
be referred to the decision-making authority for review and action.
(h) Revocation - A variance may be revoked or modified (including the imposition of
additional conditions) by the approving body upon finding by said authority that
the conditions of approval of the variance have not been met or that the land use
is being operated in violation of other provisions of this Land Use Code. A public
hearing shall be held in accordance with Section 9-2.313 prior to action on
revocation or modification. The Director may schedule such a hearing upon his or
her prt liminary finding of noncompliance with any of the preceding requirements.
(i) Exceptions - The Planning Commission may grant an exception subject to the
criteria and limitations set forth in this subsection (c). Public notification may be
deemed necessary but shall not be required in the granting of an exception.
(1) Findings - An exception may be granted provided a positive finding can be
made in the following areas:
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(i) That there are special physical circumstances in areas surrounding
the property which justify granting the exception;
(ii) That the intent of the requirement is being met in the design of
the total project; and
(iii) That there is little potential for the exception to create a
negative impact on surrounding areas.
(2) Conditions - In granting an exception, the Planning Commission may
impose whatever conditions it deems necessary to insure:
(i) The compatibility of the use with the existing and proposed uses;
(ii) That any potential negative impacts have been adequately
mitigated; and
(iii) Consistency with the goals, policies, and objectives of the General
Plan (§ 2.3.4, Ord. 293, as amended by § 2 A and B, Ord. 512, eff.
July 19, 1984).
Section 9-2.305. Subdivisions.
(a) Maps required - City approval of subdivision maps shall be required for the
division of any improved or unimproved land, or any portion thereof, shown on the
latest equalized County assessment roll as a unit or as contiguous units, for the
purpose of sale, lease, or financing, whether immediate or future except for: (1)
leases of agricultural land for agricultural purposes; or (2) leases, adjustments, and
other items to which the Subdivision Map Act (Government Code 66410 et seq.)
specifically designates itself as "inapplicable". Property shall be considered as
contiguous units, even if it is separated by roads, streets, utility easements, or
railroad rights-of-way.
The term "subdivision" shall include a condominium project, as defined in Section
1350 of the Civil Code of the State, a community apartment project, as defined in
Section 11004 of the Business and Professions Code of the State, or the conversion
of five (5) or more existing dwelling units to a stock cooperative, as defined in
Section 11003.2 of said Business and Professions Code. As used in this section,
"agricultural purposes" shall mean the cultivation of food or fiber or the grazing
or pasturing of livestock.
(b) Parcel Map Subdivisions - All requirements set forth in this section for tentative
and final maps shall apply equally to the review and processing of tentative parcel
maps and parcel maps (subdivisions creating four (4) or fewer parcels).
(c) Preparation and Filing - Tentative maps shall be prepared in accordance with the
provisions of Article 5 of Chapter 4 of this title and may be filed with the
Direci$r by a record owner or owners of property or their authorized agents. In
addition, a written application for a subdivision shall be submitted to the Director,
including information which may be required to satisfy the environmental impact
report requirements set forth in Article 2 of this chapter. It shall be the
obligation of the applicant to file all information and fees necessary for the
acceptance of the application as complete. No tentative map shall be considered
as filed until accepted as complete by the Director.
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(d) Hearings - Public hearings shall be held on subdivisions pursuant to Section 9-2.313
of this article.
(e) Planning Commission Recommendations - The Planning Commission, upon the
completion of its public hearings, shall forward a written report and
recommendation on the tentative map to the Council within fifty (50) days after a
completed map and application (including the required fees) have been accepted
for filing by the Director. Such time limit may be extended: (1) upon the mutual
concurrence of the applicant and the Planning Commission; or (2) as may
otherwise be provided for in said Subdivision Map Act.
(f) Council Action - After the receipt of the Planning Commission recommendation
and upon the completion of a public hearing, the Council shall approve,
conditionally approve, or deny the tentative map. Final Council action, in any
case, shall be taken within thirty (30) days after the Planning Commission action.
Such time limit may be extended: (1) upon the mutual concurrence of the
applicant and the Council; or (2) as may otherwise be provided for ins aid
Subdivision Map Act.
(g) Modifications to Tentative Maps - Modifications to a submitted tentative map
may be made by the applicant during the review and hearing process. A tentative
map modified prior to or during review by the Planning Commission need not be
re -advertised for a public hearing. However, if a tentative map is substantially
modified by the applicant after the completion of the review by the Planning
Commission, the Council shall not take final action on such map without first
receiving a new report from the Planning Commission. Such cases of substantial
modification shall be deemed as a resubmittal of the tentative map application for
the purposes of the mandatory review periods set forth in subsections (e) and (f) of
this section, that is, such review periods shall begin again as if the tentative map
were a new submittal. However, a shorter review period may be utilized upon
mutual agreement between the applicant and the reviewing body.
In addition, a tentative map substantially modified by the applicant after final
approval by the Council shall also require the preparation of a new report by the
Planning Commission, followed by reconsideration of the modified map by the
Council. The determination as to whether a tentative map has been "substantially
modified" shall be made by the Director.
(h) Tentative Maps - Approval or denial: Criteria:
(1) Approval - If a tentative map is approved, the approving body shall make a
finding that the proposed subdivision, together with the provisions of its
design and improvements, is consistent with the General Plan.
(2) Denial - A tentative map shall be denied if any of the following findings is
made:
(i) That the proposed map is not consistent with the applicable
General and Specific Plans;
(ii) That the design or improvement of the proposed subdivision is not
consistent with the applicable General and Specific Plans;
(iii) That the site is not physically suitable for the type of
development;
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(iv) That the site is not physically suitable for the proposed density of
development;
(v) That the design of the subdivision or the proposed improvements
are likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat;
(vi) That the design of the subdivision or the type of improvements is
likely to cause serious public health problems;
(vii) That the design of the subdivision or the type of improvements
will conflict with easements acquired by the public at large for
access through, or the use of, property within the proposed
subdivision. In this connection, the tentative map may be
approved if alternate easements for access or for use will be
substantially equivalent to easements previously acquired by the
public. The provisions of this subsection shall apply only to
easements of record or to easements established by judgment of a
competent jurisdiction and shall not be construed that the public
at large has acquired easements for access through, or the use of,
property within the proposed subdivision; or
(viii) That the design or improvements of the proposed subdivision
interfere with the maintenance or preservation of an historical
site.
(i) Imposition of Conditions - In approving a tentative map, the approving body shall
impose whatever conditions it deems necessary in order to provide for the
compatibility of the proposed subdivision with the existing and proposed land uses;
for consistency with the goals, policies, and objectives of the General Plan; and to
otherwise ensure compliance with the provisions of Chapters 3 and 4 of this title
and of said Subdivision Map Act.
(j) Map Expiration - A tentative map shall expire twenty-four (24) months after its
approval or conditional approval. The expiration of the tentative map shall
terminate all proceedings, and no final map of all or any portion of the real
property included within such tentative map shall be filed without first processing
a new tentative map. However, once a timely filing of a final map is made
pursuant to Section 66457 of said Subdivision Map Act, subsequent actions by the
City, including, but not limited to, processing, approving, and recording, may
lawfully occur after the date of expiration of the tentative map.
(k) Map Extensions - Upon a written application by the subdivider, filed prior to the
expiration of a tentative map, the time at which such map expires may be
extended by the Council. No action on such an extension shall be taken, however,
until a new public hearing is held in the same manner as specified in subsection (d)
of this section. Such extension or extensions shall not exceed a total of thirty-six
(36) months beyond the original expiration date. In granting such extensions, the
CouncA, moreover, may impose additional tentative map conditions which the
Council deems necessary as the result of new information or physical
circumstances which became apparent subsequent to the original map approval.
(1) Final Maps - Final maps shall be recorded with the County Recorder after their
processing and certification in accordance with the provisions of Article 6 of
Chapter 4 of this title.
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(m) Annexations - Tentative maps may also be submitted for land located within
territory adjacent to the City. The approval of such a tentative map shall be
conditioned upon the annexation of the property to the City within a time
specified.
(n) Lot Line Adjustments - A lot line adjustment between two (2) or more existing
adjacent parcels, where the land taken from one parcel is added to an adjacent
parcel, and whether a greater number of parcels than originally existed is not
thereby created, shall not require the processing of a subdivision map. Such
adjustments shall be approved by both the Director and the City Engineer if the
Director and City Engineer each determine that all resulting adjusted parcels
conform to the lot size, frontage, and other requirements of this Code and other
applicable regulations.
The creation of the new property lines and the concurrent elimination of the
previous property lines, following the approval of the adjustment, shall be
recorded with the County Recorder.
Either the Director or the City Engineer may refer any lot line adjustment to the
Planning Commission for approval or denial.
(o) Reversions to acreage and mergers:
(1) Reversions to acreage shall be reviewed and processed in accordance with
the requirements of said Subdivision Map Act.
(2) Upon a written application by the owner, the merger of contiguous parcels
under common ownership may be approved by the Council without the
processing of a subdivision map or reversion to acreage. Upon such
approval, an instrument drawn to the satisfaction of the City Engineer
shall be recorded evidencing such merger.
(p) Conversions - Subdivision maps providing for the conversion of property to
condominiums, community apartments, stock cooperatives, or other types of
individual ownership arrangements shall be processed in accordance with this
section and with any additional requirements set forth in said Subdivision Map
Act.
(q) Waivers of Subdivision Maps - The requirement for the processing of a parcel map
for the subdivision of a property into four (4) or fewer parcels, or for the
processing of a tentative and final map for the construction of a condominium
project on a single parcel, may be waived by the Council if it makes both of the
following findings:
(1) That the project is otherwise subject to the development review
requirements and conditions of this Chapter 2; and
(2) That the subject project complies with all the requirements of said
Subdivision Map Act and this title regarding, but not limited to, area,
improvement and design, flood water drainage control, appropriate
improved public roads, sanitary disposal facilities, water supply
availability, environmental protection, and park land requirements.
(r) Dedications and Reservations - Dedications and reservations for public streets,
parks, school sites, and other uses shall be imposed in accordance with Chapter 4
of this title and said Subdivision Map Act.
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Section 9-2.306. Architectural Control: Non -Residential Projects or Residential
Projects with a Gross Density of Eight Units/Acre or more.
(a) Introduction - This section outlines the procedures for City review of proposed
commercial, office, industrial, institutional, recreational, other non-residential
development applications, or residential projects with a gross density of eight (8)
units per acre or more specifically regulated by other sections of this chapter.
This section shall also apply to all residential projects not requiring a subdivision
map. In cases where a proposed development project also requires the processing
of a subdivision, zone change, zone variance, conditional use permit, or similar
application, the review requirements for each such application shall be satisfied in
accordance with the appropriate section. However, whenever possible, review,
public hearing, and decision action on such project applications shall be carried
out concurrently.
(b) Development Review - Applications shall be reviewed in accordance with Section
9-2.301.
(c) Decision -Making Authority - The Planning Commission shall have the authority to
approve, deny, or modify development projects regulated by this section. If a
development project is accompanied by an associated application which requires a
public hearing pursuant to the relevant section of this chapter, such a hearing
shall be held in accordance with Section 9-2.313. If such a public hearing is not
otherwise required, but the City determines that there is substantial public
interest in the project, the City may elect to hold a public hearing before the
Planning Commission prior to action on the project.
(d) Architectural Board of Review - The Architectural Board of Review (ABR) shall
serve as an advisory body to the Planning Commission in the review of
development projects regulated by this section.
(e) Findings Required for Approval - In approving an architectural control plan, the
Planning Commission shall make the following findings:
(1) The plan complies with all provisions of Title 9 of the Municipal Code;
(2) The approval of this plan is in the best interest of the public health,
safety, and general welfare;
(3) General site considerations, including site layout, open space and
topography, orientation and location of buildings, vehicular access,
circulation and parking, setbacks, height, walls, fences, public safety and
similar elements have been designed to provide a desirable environment
for the public development;
(4) General architectural considerations, including the character, scale and
quality of the design, the architectural relationship with the site and other
buildings, building materials, colors, screening of exterior appurtenances,
exterior lighting and signing, and similar elements have been incorporated
in order to ensure the compatibility of this development with its designed
concept and the character of adjacent buildings;
(5) General landscape considerations, including the location, type, size, color,
texture, and coverage of plant materials, provisions for irrigation,
maintenance and protection of landscaped areas, and similar elements
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have been considered to ensure visual relief, to compliment buildings and
structures, and to provide an attractive environment for the enjoyment of
the public.
In the event that findings cannot be made to approve the plan, the
Planning Commission shall deny the plan citing specific reasons for its
denial.
(f) Architectural Design Guidelines - The City Council has, by resolution, adopted
specific architectural design guidelines to assist in the review of Architectural
°c Control applications regulated by this section. Said guidelines provide specific
examples of building design and architectural details encouraged by the City.
Such examples are consistent with the goals and standards of the Community
Design Element and other applicable elements of the General Plan.
(g) Conditions of Approval - In approving an Architectural Control application, the
approving body may impose such conditions of approval as it deems necessary to
(1) ensure consistency with the goals and policies of the General Plan; (2) ensure
compliance with this Title 9; and (3) ensure compatibility of the development with
surrounding properties and land uses.
(h) Expiration of Application Approval - Project approvals granted under this section
shall expire two (2) years from the date of approval. The Planning Commission
may grant extensions to an application approval not exceeding an additional
twelve (12) months. When granting an extension, the Planning Commission may
modify certain original conditions of approval or impose additional conditions.
If an application approval expires prior to submissions of final building permits for
one or more buildings in the project, the project approval shall become null and
void.
Planning Commission decisions on application approval extensions may be
appealed to the City Council in accordance with Section 9-2.314.
(i) Review of Final Plans (Working Drawings) - Final building and grading plans for
Architectural Control applications shall be reviewed by the Architectural Board of
Review prior to permit plan check to ensure that such plans conform to the
approved concept plans and conditions of approval. No building or grading permits
shall be issued unless and until after such a finding of conformity.
Grading and building plans shall be processed in accordance with Title 8 and
Section 307.
Section 9-2.307. Grading Plan Review.
(a) Review of Grading Plans as Part of Development Applications - Preliminary
grading plans for all development applications regulated by this chapter shall be
reviewed concurrently with the consideration of the overall project and shall
beconif part of any such project approval.
Development project review shall include consideration of the requirements of the
HM (Hillside Management) District Regulations and hillside development
guidelines (ref. Paragraph (d), following), if applicable, and Section 8-3.
(b) Release of Development Project Grading Plans for Plan Check - The
Environmental Review Board (ERB) shall review all grading plans submitted for
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grading plan check. The ERB shall determine if such grading plans are consistent
with approved preliminary grading plans, project concept plans, applicable project
conditions of approval, and applicable provisions of Title 8 this Title 9, prior to
release for completion of plan check and permit issuance. No grading permit shall
be issued unless and until the ERB makes such a determination of consistency.
(c) Release of Custom Home Grading Plans for Plan Check - Grading plans for
individual custom homes on previously -created lots shall be submitted to the
Environmental Review Board prior to grading plan check. The ERB shall
determine if the grading plan is subject to the HM (Hillside Management) District
regulations of Section 9-3.505 and/or the hillside development guidelines
referenced in Paragraph (d), following. If the ERB finds that the grading plan is
subject to such regulations and/or guidelines, it shall provide for review in
accordance with the provisions therein. If the ERB finds that the grading plan is
not subject to such regulations and/or guidelines, it shall review the plan for
release for grading plan check. In either of the preceding situations, grading plans
shall be reviewed by the ERB under the same criteria as in Paragraph (b),
preceding, prior to plan check and permit issuance.
(d) Hillside Development Guidelines - The City Council, by resolution, has adopted
design guidelines for development in hillside areas to supplement the provisions of
the HM District regulations of Section 9-3.505. Such guidelines include specific
examples of grading treatments to mitigate the environmental and other impacts
of hillside development. These guidelines should be used as the basis for designing
grading plans.
(e) Environmental Review - Prior to a release of a grading plan for plan check under
Paragraphs (b) and (c), preceding, the Environmental Review Board shall
determine if the project of which the grading plan is a part has completed all
environmental review requirements pursuant to Section 9-2.201 and if the grading
impacts of the project were sufficiently addressed by the environmental review.
If the ERB determines that such requirements and impacts have been so
addressed, no further environmental review shall be required for issuance of a
grading permit. However, if the ERB does not make such findings, it shall carry
out environmental review of the grading plan in accordance with Section 9-2.201.
(f) Exemptions - Exemptions for grading permits shall be as defined by Section 8-3.03
of Title 8 of this code. However, such projects may nevertheless be subject to the
HM District regulations (Section 9-3.505) or any adopted hillside development
guidelines (ref. Paragraph (d), preceding). If the City determines that such
regulations and/or guidelines apply, the project will be reviewed accordingly prior
to the issuance of any building permit.
In addition to the preceding exemptions, no grading permit shall be required for
emergency work necessary for the maintenance of public health or safety carried
out by or for a public agency.
(g) Grading Plan Check - Grading plan check and permit issuance shall be carried out
in accordance with this Title 9 and other applicable regulations adopted by the
City. No grading shall occur on any property in the City prior to issuance of a
grading permit unless 'specifically exempted in Paragraph (f), preceding, or by
Section 8-3.03.
(h) Bonding Requirements
(1) Completion of Improvements. In order to insure the full completion of the
grading operation, the City shall require that all work to be done under a
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grading permit shall have a financial guarantee constituting 100 percent
of the excavation embankment operations, 100 percent of the drainage
facilities, and 100 percent of the erosion control and landscaping work.
Furthermore, the work shall be deemed complete only upon the specific
review and acceptance of the work by the City and exoneration of the
financial guarantee by the City Council.
(2) Restoration of Site to Original Condition. In order to ensure that a
project site is not left in an abandoned state, or otherwise uncompleted
state causing severe adverse aesthetic impacts to the community, the
Environmental Review Board and the Development Services Division are
empowered to require additional bonding to ensure that a development,
which has not been completed within prescribed time limits, shall be
restored as near as possible to its original topographical condition. This
bonding requirement shall be imposed where the Environmental Review
Board and the Development Services Division find that the project site has
any of the following characteristics: The site is prominent; the site has
high visibility to the community; the site has unique topographical
conditions; the site involves substantial grading of sloped areas.
The Development Services Division shall implement the requirements of
this section by requiring the execution of a development agreement and
appropriate bonding requiring the developer to undertake the restorative
grading work.
Section 9-2.308. Sign Review.
(a) Introduction - The purpose and intent of sign regulations in the City are set forth
in Section 9-3.603. A sign permit shall be required for all signs not specifically
exempt in Section 9-3.603 prior to the placing, erecting, moving, reconstructing,
altering, or displaying or any sign, including painted wall signs, within the City.
(b) Decision -Making Authority - The Director of Community Planning and
Development shall review those sign permit applications which are not part of an
overall development project for which the City Council, Planning Commission, or
other body has decision-making authority. In the latter case, the project decision-
making body shall review the sign program for the project. In addition, in cases
where the Director determines that a sign is proposed in an unusually prominent
location or may have an unusual visual impact on surrounding areas, the Director
may refer such sign application to the Planning Commission or Architectural
Board of Review for review and action.
(c) Review of Sign Application
(1) Signs not Associated with New Development - Applications for approval of
signs not associated with a proposed development project shall be made on
forms provided by the Director. The Director may require the submission
of supporting information with the application, such as but not limited
to: sign plans, height, dimensions, copy, lettering style, illumination,
overall sign appearance, and location. Within ten calendar days of receipt
of a completed sign application form and all supporting information, the
Director shall take one of the following actions on the application:
approve, deny, approve subject to modifications, or refer to a higher
review body pursuant to Paragraph (b), preceding.
(2) Sign Programs for New Development Applications - Plans for such sign
programs within a proposed development application shall contain the
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same information as required in (1), preceding. However, no separate sign
application form nor separate sign permit shall be required. The decision-
making body for the development application shall approve, deny, or
approve, subject to modifications, the sign program in conjunction with
action on the development application itself.
(d) Findings Required for Approval - No sign application shall be approved unless and
until the following findings are made:
(1) The proposed sign(s) is consistent with the design criteria of Section 9-
3.603, Paragraph (c)(1).
(2) The proposed sign(s) conforms to all numerical size, height, and other
requirements of Section 9-3.603.
(e) Permits - No sign shall be erected until required building and other permits are
issued in accordance with Title 8 and Section 9-3.603 of the Municipal Code.
Section 9-2.309. Tree Preservation and Removal Application.
(a) Purpose and Intent - The purpose and intent of this section is to provide for the
preservation of existing trees within the City while permitting reasonable use and
development of properties containing such trees. For the purposes of this section,
a "tree" shall mean living woody perennial plant having a trunk diameter greater
than six (6') inches measured at a point three (39 feet above the ground.
(b) Tree Removal Permit Procedures
(1) No Removal without Permit - No tree, unless specifically exempted by
sub -section (e) below, shall be removed without prior approval of a tree
removal permit pursuant to the requirements of this section.
(2) Removals Not Associated with New Development - Applications for
removal of trees on public or private property which are not associated
with new development projects shall be approved or denied by the Tree
Inspector. In the case of very large trees or other unusual circumstances,
the Tree Inspector may refer the tree removal application to the Planning
Commission or City council for review and action. For very large trees or
specially designated trees located within the public right-of-way, the Tree
Inspector shall conduct a duly noticed public hearing in accordance with
Section 9-2.313 prior to rendering a decision.
(3) Removals Associated with New Development - Applications for removal
of trees on private property which are associated with new development
projects shall be approved or denied by the decision-making body for that
project. Ample information shall be included on the site, grading, or
residential concept plan for the project (including, but not limited to, the
location, size, and species of all trees proposed for preservation or
gremoval prior to project review).
In considering
development applications where tree
removals
are
requested, the
City may cause to be prepared a
report by
an
arborculturalist.
Said report shall include, as a minimum,
an evaluation
on
the health of
the tree(s), identification of measures
which can
be
incorporated into
project design to preserve said
trees, and
any
recommended modification
to project design necessary
to protect
said
trees.
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(4) Imposition of Conditions - The Tree Inspector or decision-making body
may impose conditions on tree removal permit approvals. Such conditions
may include, but are not limited to, the replacement of a tree to be
removed with new trees of similar size.
(c) Factors to Influence Approval or Denial - The reviewing body shall consider the
following factors in determining whether to approve or deny a tree removal
permit application:
(1) The condition of existing trees with respect to disease, general health, and
ability to preserve;
(2) Whether a project site plan has been designed to preserve the maximum
number of existing trees on the site;
(3) The concept that tree preservation and protection shall take precedence
over the placement of public utility lines and facilities;
(4) The topography of the property and the effect of tree removal on erosion,
soil retention, and the diversion or increased flow of surface waters;
(5) The adverse visual impacts of tree removals upon surrounding properties
and streets; the decrease in visual buffering or construction mitigation
which would result from a proposed tree removal;
(6) Foundation, slab, wall or other property damage, or excessive nuisance
problems caused by an existing tree;
(7) Material interference by an existing tree with the safe and efficient
maintenance of an electrical, sewer, water, or other utility line;
(8) The health of the tree or trees proposed for removal and their likely
remaining life if preserved;
(9) Possible future hazards to traffic, pedestrians, general public safety, or
property if the tree(s) is preserved; and
(10) The interests of the City in the protection and conservation of trees and
other irreplaceable natural resources from pollution impairments or
destruction.
(d) Appeals - Any decision regarding tree removal may be appealed by the applicant
or by an affected City resident or property owner in accordance with the
provisions of Section 9-2.314.
(e) Exemptions:
(1) Emergencies - In the event of an emergency wherein a tree is causing an
immediate threat to human life or to property, the Tree Inspector, Public
Works Director, or the Sheriff's Department, Fire Department, or City
employee in charge at the scene may authorize the removal of such tree
without issuance of a removal permit.
(2) Orchards - Trees which are growing on property currently in use as a
nursery, garden center, tree farm, or orchard, where such trees, or their
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produce, are being grown for the purposes of sale, and trees which are
being completely removed in order to utilize the land for the production
o€ leafy vegetation or open space shall be exempt from the provisions of
this section.
Section 9-2.310. Historical and Cultural Landmarks.
(a) Purpose and Intent - This section provides for the protection, enhancement,
perpetration, and use of those areas of the City which, due to their historical or
cultural significance or character, require special consideration in the interest of
the health, prosperity, safety, and welfare of the people. The purpose of this
section is to:
(1) Effect and accomplish the protection, enhancement, and perpetuation of
structures, sites, objects, and districts which represent or reflect
elements of the City's cultural, social, economic, political, and
architectural history.
(2) Safeguard the City's historic and cultural heritage as embodied and
reflected in such landmarks and historic districts.
(3) Improve property values.
(4) Foster civic pride in the accomplishments of the past.
(5) Protect and enhance the City's attractions to residents, tourists, and
visitors.
(6) Promote the use of historic districts and landmarks for the education,
pleasure, and welfare of the people of the City.
(b) General Requirements and Procedures - It shall be unlawful for any person to
demolish, remove, relocate or otherwise alter any structure or site, including
trees and other vegetation, listed individually or as part of a district in the
Historical and Cultural Inventory (as adopted by City Council resolution), without
obtaining prior City approval for such action. Applications for such alterations
shall be submitted to the Department of Community Planning and Development,
with a report submitted to the Cultural Arts and Heritage Commission for
consideration, the Commission shall render a decision thereon within thirty (30)
days after the date of such application. In addition, if the proposed alteration
requires review by other decision-making authorities pursuant to this Chapter 2,
the Secretary of the Cultural Arts and Heritage Commission shall refer the
application to other Boards and Commissions.
Decisions of the Cultural Arts and Heritage Commission on landmark alteration
applications may be appealed to the City Council in accordance with Section 9-
2.316.
(c) MaintAance of Landmarks - All owners, renters, lessees, users, and other persons
responsible for the use of a property containing a structure or site on the
Historical and Cultural Inventory, listed individually or within a district, shall
maintain in good repair all exterior portions of such structure or site and all
interior portions thereof which, if not so maintained, may cause or tend to cause
the exterior portions of such improvement to fall into a state a disrepair.
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(d) Enforcement and Penalties - Failure to comply with the provisions of this section
shall constitute sufficient grounds for revocation of any occupancy certificate,
grading permit, or building permit and temporary suspension of any operation
otherwise being carried out in compliance with such permits.
Violation of this section and City permit requirements is a misdemeanor and is
punishable as such. In addition, the City may seek injunctive relief and/or pursue
other land use enforcement actions to stop or correct violations of this section.
Section 9-2.311. Public Improvement Plans and Outside Agency Development.
(a) Preliminary Review - All capital improvement plans and other outside Public
Agencies and Utilities which by law are required to submit project plans and
reports for City review, shall be subject to the following development review
process:
(1) Project plans and reports shall be filed with the Department of
Community Planning and Development.
Upon receipt of project plans and reports, they shall be reviewed by the
Environmental Review Board. The Board shall:
(i) Determine the environmental impacts of the project and either
issue a Negative Declaration, a categorical exemption, or require
preparation of an Environmental Impact Report in accordance
with Section 9-2.201, if a City initiated project.
(ii) Designate which reviewing Boards/Commissions shall be involved
in the analysis and recommendation of the project plans. These
shall include, but not be limited to:
* City Council
* Planning Commission
* Architectural Board of Review
* Traffic and Transportation Commission
* Parks and Recreation Commission
* Equestrian Commission
* Cultural Arts and Heritage Commission
* Los Rios Review Committee
* Appropriate outside agencies
(b) Review Procedure - Upon receipt of project plans and consideration by the
Environmental Review Board and any additional environmental documentation
(preparation of draft EIR), the City Planner shall cause the application to be
transmitted to all responsible departments. The Secretary to applicable
boards/commissions shall cause to be prepared a staff report for transmittal and
review by said board/commission.
(c) Actiori5 - The Planning Commission may continue an item to seek additional
information or further recommendations from reviewing agencies. However, once
placed upon an agenda, the application shall be acted upon within 30 days.
Upon report for all project plans listed under subsection 1 above, the City Council
shall consider the plans, staff analysis, and recommendations from advisory
boards/commissions and public testimony (if public hearing required), and take a
final action on the project plans.
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(d) The City Engineer shall review all plans for construction of or modification to
public improvements. No such plans shall be approved by the City Engineer unless
it is determined that:
(1) The plans are in conformance with all applicable design requirements of
this Title 9 and other applicable regulations; and,
(2) All discretionary approvals required by this Title 9 for such improvements
have been given and the improvement plans are in conformance with said
approvals.
Section 9-2.312. Temporary Use Permits.
(a) Introduction - Certain temporary uses of land and structures are permitted within
the City as specified in Section 9-3.608. Application forms and required
application information for the establishment of temporary uses shall be as
prescribed by the Director of Community Planning and Development.
(b) Decision -Making Authority - The Director shall have the authority to approve,
approve subject to conditions, or deny applications for the establishment of
temporary uses. In cases where the Director determines that the temporary use
may have unusual impacts on surrounding properties, the Director may refer the
application to the Planning Commission or City Council for action. Decisions of
the Director or the Planning Commission may be appealed to the Council in
accordance with Section 9-2.316.
Section 9-2.313. Public Hearings.
(a) Introduction - Whenever a public hearing is required by provisions of this Title 9,
the procedures set forth in this section shall be followed.
(b) Posting of Notice - Notice of the time and place of the public hearing, a general
explanation of the matter to be considered, and a general description of the area
affected and the place where further information on the application may be
obtained shall be given at least ten (10) calendar days before the hearing by
posting at three public places in the City. Said public places shall be designated
by City Council resolution.
(c) Mailing - Notice containing the information specified in Paragraph (b), preceding,
shall also be given by mail or delivered to the applicant and to any other person
who has filed a written request with the City for such notice.
(d) Publication - Notice of the time and place of the public hearing, a general
explanation of the matter to be considered, and a general description of the area
affected and the place where further information on the application may be
obtained shall be published in a local newspaper of general circulation at least ten
(10) calendar days before the hearing.
In addition, in cases where the public hearing concerns a specific parcel or parcels
of land, such notice shall be mailed or delivered to the owner(s) or the parcel(s) in
question (if different from the applicant) and to all other owners of real property,
as shown on the last equalized assessment roll, within 300 feet of the boundaries
of said parcel(s).
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(e) In the event that the number of owners to whom notice would be sent pursuant to
Paragraph (c), preceding, is greater than 1,000, the City may instead provide
notice at- least ten (10) calendar days before the public hearing by placing a
display advertisement of at least one-fourth page in a local newspaper.
(f) Additional Notification - In addition to the preceding methods, the City may give
notice of a public hearing by such other methods as it may deem necessary, such
as the posting of notices on or near property affected by the subject application or
expanding the area of notification beyond the 300 feet from the project
boundaries to include those areas that may be affected by a development
application.
(g) Conduct of Public Hearing - Prior to action on the application, the decision-
making body shall hold the public hearing and take testimony in accordance with
procedures adopted by said body. The decision-making authority may continue a
public hearing to a subsequent meeting provided action on the application is taken
within the time periods specified in Chapter 4 (Subdivision). If a duly -noticed
public hearing is continued from one public meeting to a specific subsequent
public meeting, no additional public notice shall be required.
Section 9-2.314. Appeals.
(a) Introduction and City Council Authority - All decisions by City commissioners,
boards, committees, staff, or other City bodies on applications regulated by this
chapter are subject to appeal to the City Council.
(b) Time Period for Submission of Appeal - An appeal shall be made within 21 days
following an action of any decisions by City commissioners, boards, committees,
staff or other City bodies in writing to the City Clerk. The Council shall have the
authority to affirm, modify, or reverse all such appealed decisions.
(c) Who May Initiate Appeals - A majority vote of the City Council, an applicant(s),
any resident of the City, or any owner of real property in the City may initiate an
appeal. The filing of a valid appeal shall stay all further review decisions on the
matter being appealed.
(d) Form of Appeal by Private Parties - All appeals, except those initiated by the
City Council, shall be made in writing, with the applicable fee, to the City Clerk
prior to the decision becoming final. Such written appeals must identify the
property in question, the identity of the appellant, and shall specify the grounds
for the appeal.
(e) Form of Appeal by City Council - The City Council may order an appeal at any
time before a decision becomes final. The City Council shall state the reason for
the appeal at a regular Council meeting, prior to action on the appeal. Said
appeal is to be by majority vote of the City Council.
(f) Appeal Review Procedure - Appeals shall be heard in the same manner as the
actionflbeing appealed. (For example, a public hearing shall be required if the
action being appealed required a public hearing.) The City Council shall take
action on an appeal at a regular meeting within forty-five (45) days following
receipt of the appeal by the City Clerk. The Council's action shall be to affirm,
reverse, or modify the decision being appealed. All City Council actions on
appeals shall be final.
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Section 9-2.315. Administrative Approvals.
(a) Authority -of the Director - The following actions are delegated to the Director
for approval:
(1) Minor modifications to elevations and precise plot plans which have been
subject to development review; and
(2) Modifications which are minor in nature to approved tentative maps,
tentative parcel maps, and development plans.
(b) Planning Commission Consent - The Director shall inform the Planning
Commission of actions taken by the Director pursuant to the authority set forth in
subsection (a) of this section by placing them on a consent calendar for the next
meeting after they are taken. Such actions of the Director shall not become
official until they have been approved by the Planning Commission.
(c) Council Authority - The Council, by resolution, may add actions to and delete
actions from those set forth in subsection (a) of this section (§ 2.3.14, Ord. 293).
Section 9-2.316. Fee, Deposits, and Bonds.
(a) Definitions - For the purposes of this section, certain words and phrases shall have
the following meanings:
(1) Applicant - "Applicant" shall mean any person, firm, or corporation
requesting approval of any land use, development, or improvement
application, or similar entitlement regulated by this Municipal Code.
(2) Bond, Development Obligation - "Development obligation bond" shall mean
a document obligating funds for the purpose of insuring the performance
of a developer in fulfilling an obligation required by the City.
(3) Bond, Labor and Materials - "Labor and materials bond" shall mean a
document obligating funds for the purpose of insuring the payment of the
contractors and material purveyors involved in constructing
improvements.
(4) Bond, Monumentation - "Monumentation bond" shall mean a document
obligating funds for the purpose of insuring the payment of a civil
engineer or land surveyor for placing property monuments.
(5) Bond, Performance - "Performance bond" shall mean a document
obligating funds for the purpose of insuring the faithful performance of
the construction of improvements.
(6) Deposit, Street Cut - "Street cut deposit" shall mean a cash deposit
insuring the repair of public rights-of-way altered during construction.
(7) Deposit, Swimming Pool - "Swimming pool deposit" shall mean a cash
deposit insuring the repair and cleaning of public rights-of-way altered
during swimming pool construction.
(8) Fee - "Fee" shall mean a payment of funds to the City for any of the
applications or other entitlements set forth in Paragraph (b), following.
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(9) Site Plan - "Site plan" shall mean a plan indicating all of the
improvements existing and proposed on and off the property (including
grading, streets, buildings, utilities, and landscaping).
(10) Surety Device - "Surety device" shall mean a financial obligation whereby
the City has direct access to funds deposited by a developer to insure a
specific action.
(11) Value, Building or Improvement - 'Building or improvement value" shall
x mean
the cash value of a building or improvement as determined by the
Building
Official or City Engineer in accordance with the building
regulations adopted by the City.
All other terms
shall be defined per Section 9-1.106. Terms not specifically
defined shall be construed according to the context and the common usage of the
language.
(b) Fees: Required
(1) Each
applicant shall pay application fees for the following concurrently
with the
filing of each such application:
(i)
Tentative maps and tentative parcel maps;
(ii)
Construction plans;
(iii)
Final maps, parcel maps, lot line adjustments, and records of
survey;
(iv)
Applications for Architectural Control;
(v)
The preparation of environmental impact reports, traffic studies,
initial studies, and other required special studies;
(vi)
Applications for zone changes;
(vii)
Applications for conditional use permits;
(viii)
Applications for variances;
(ix)
Applications for the erection of signs;
(x)
Appeals of Board/Commissions or other actions;
(xi)
Requests for General Plan amendments;
(xii)
Requests for tree removal;
`(xiii)
Building improvements or additions where the value of the
improvements is equal to or exceeds fifty (50%) percent of the
value of the existing buildings; and
(xiv)
Applications for residential growth management approval
(residential concept plans).
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(2) In addition, each developer, as a condition of the approval of any
application set forth in Paragraph (b)(1), preceding, shall pay:
(i) Map and plan checking fees at time of filing map for plan check;
(ii) Inspection fees prior to approval of plans by City Engineer;
(iii) Sewer capacity fees shall be paid prior to issuance of building
permit;
(iv) Drainage fees prior to approval of final map, or if map not
required prior to issuance of building permit;
(v) Administrative permit fees prior to issuance of permit;
(vi) Park and recreation fees prior to approval of final map;
(vii) Agricultural preservation fees prior to issuance of building permit;
(viii) Construction taxes, as specified in Title 3 of this Code--e.g. taxes
for municipal services and agricultural preservation prior to
issuance of building permits; and
(ix) System development taxes, as specified in Title 3 of this Code
prior to issuance of building permits.
(x) Major Thoroughfare and Bridge Fee Program prior to issuance of
building permits.
(c) Fees: Establishment - The Council, from time to time, shall establish the amount
of the fees authorized by the provisions of this section by resolution and, as a part
of such resolution, may include specific administrative guidelines for the
collection of such fees.
(d) Fees: Payment - Unless specifically waived by the Council, all of the fees
authorized by the provisions of this section shall be paid prior to the granting of
any approval, the issuance of any permit, or the taking of any other action
requiring the payment of such fees.
(e) Fees Required by Other Agencies - The fees required by an agency retained by the
City shall be paid in accordance with the regulations of such agency. Where there
is a conflict, the provisions of this section shall prevail.
(f) Deposits - Any person making an application for a street cut or the construction
of a swimming pool shall be required to make a security deposit pursuant to the
terms and conditions established by the Council by resolution.
(g) Bonds.�The following bonds shall be required as a condition to development and/or
construction:
(1) Performance bonds;
(2) Labor and materials bonds;
(3) Monumentation bonds; and
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15'7
(4) Development obligation bonds.
(h) Surety Devices in Lieu of Bonds - The City may accept a letter of credit or cash
bond on forms approved by the City Attorney.
Section 9-2.317. Major Thoroughfare and Bridge Fee.
(a) A building permit applicant, as a condition of issuance of a building permit, shall
pay a fee as hereinafter established to defray the costs of constructing bridges
over waterways, railways, freeways and canyons, or constructing major
thoroughfares.
(b) Definitions.
(1) The term "construction" as used in this Section includes preliminary
studies, design, acquisition of right-of-way, administration of construction
contracts, and actual construction.
(2) The term "major thoroughfare" means those roads designated as
transportation corridors and major, primary, secondary, or commuter
highways on the Master Plan of Arterials Highways, the Circulation
Element of the General Plan. The primary purpose of such roads is to
carry through traffic and provide a network connecting to the state
highways system.
(3) "Bridge facilities" mean those locations identified in the transportation or
flood control provisions of the Circulation Element or other element of
the General Plan as requiring a bridge to span a waterway, a railway,
freeway, or canyon.
(4) "Area of benefit" means a specific area wherein it has been determined
that the real property located therein will benefit from the construction
of a major thoroughfare or bridge project.
(c) The provisions herein for payment of a fee shall apply only if the major
thoroughfare or bridge facility has been included in an element of the City's
General Plan or the General Plan of the County of Orange adopted at least thirty
(30) days prior to the application for a building permit and on land located within
the boundaries of the area of benefit.
(d) Payment of fees shall not be required unless any major thoroughfares are in
addition to, or a widening or reconstruction of, any existing major thoroughfares
serving the area at the time of the adoption of the boundaries of the area of
be ne f it.
(e) Payment of fees shall not be required unless any planned bridge facility is a new
bridge serving the area or an addition to an existing bridge facility serving the
area at the time of the adoption of the boundaries of the area of benefit.
.f
(f) Action to establish an area of benefit may be initiated by the City Council upon
its own motion or upon the recommendation of the Director of Public Works. The
City Council shall set a public hearing for each proposed area benefited. Notice
of the time and place of said hearing, including preliminary information related to
the boundaries of the area of benefit, estimated costs and the method of fee
apportionment shall be given in the following manner:
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(1) Notice shall be given at least ten (10) calendar days before the hearing by
the following:
(i) Notice published at least once in a newspaper of general
circulation within the proposed area of benefit.
(ii) Notices posted throughout the proposed area of benefit with at
least three (3) notices posted at arterial highway intersections
within the proposed area of benefit.
(iii) Notices sent by first-class mail addressed to each property owner
within the boundary of the proposed area of benefit.
(iv) Notices sent by first-class mail t• all Municipal Advisory
Committees and known Homeowners' Associations within the
proposed area of benefit.
(v) Notice by first-class mail to any person who has filed a written
request therefor with the Director of Public Works. Such request
shall apply for the calendar year in which it is filed.
(g) (1) At the public hearing the City Council will consider the testimony,
written protests, and other evidence. At the conclusion of the public
hearing the City Council may, unless a majority written protest is filed
and not withdrawn as specified in Section g(3), determine to establish an
area of benefit. If established, the City Council shall adopt a resolution
describing the boundaries of the area of benefit, setting forth the cost,
whether actual or estimated, and the method of fee apportionment. A
certified copy of such resolution shall be recorded by the City Clerk with
the Orange County Recorder's Office.
(2) Such apportioned fees shall be applicable to all property within the area of
benefit and shall be payable as a condition of issuing a building permit for
such property or portions thereof. Where the area of benefit includes
lands not subject to the payment of fees pursuant to this Section, the City
Council shall make provisions for payment for the share of improvement
cost apportioned to such lands from other sources.
(3) Written protests shall be received by the City Clerk at any time prior to
the close of the public hearing. If written protests are filed by the owners
of more than one-half of the area of the property to be benefited by the
improvement, the sufficient protests are not withdrawn so as to reduce
the area represented by the protests to less than one-half of the area to
be benefited, then the proposed proceedings shall be abandoned, and the
City Council shall not, for one year from the filing of said written
protests, commence or carry on any proceedings for the same
improvement under the provisions of this Section. Any protests may be
withdrawn by the owner making the same, in writing, at any time prior to
the close of the public hearing.
(4) If any majority protest is directed against only a portion of the
improvement, then all further proceedings under the provisions of this
Section to construct that portion of the improvement so protested against
shall be barred for a period of one year, but the City Council shall not be
barred from commencing new proceedings not including any part of the
improvement so protested against. Such proceedings shall be commenced
by a new notice and public hearing as set forth in Subsection (f) above.
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(5) Nothing in this Section shall prohibit the City Council, within such one-
year period, from commencing and carrying on new proceedings for the
construction of an improvement or portion of the improvements so
protested against if it finds, by the affirmative vote of four-fifths of its
members, that the owners of more than one-half of the area of the
property to be benefited are in favor of going forward with such
improvement or portion thereof.
(h) Fees paid pursuant to this Section shall be deposited in a planned bridge facility or
major thoroughfare fund. A fund shall be established for each planned bridge
facility project or each planned major thoroughfare project. If the area of benefit
is one in which more than one bridge or major thoroughfare is required to be
constructed, a separate fund may be established covering all of the bridge projects
or major thoroughfares in the area of benefit. If the area of benefit encompasses
one or more bridges and one or more thoroughfares and all lands within the area of
benefit are subject to the same proportionate fee for all bridges and
thoroughfares, a single fund may be established to account for fees paid. Moneys
in such funds shall be expended solely for the construction or reimbursement for
construction of the improvements serving the area to be benefited and from which
the fees comprising the fund were collected, or to reimburse the City for the
costs of constructing the improvement.
(i) The City Council may approve the acceptance of consideration in lieu of the
payment of fees established herein.
(j) The City Council may approve the advancement of money from the General Fund
or Road Fund to pay the costs of constructing the improvements covered herein
and may reimburse the General Fund or Road Fund for such advances from
planned bridge facility or major thoroughfare funds established pursuant to this
Section.
(k) If the building permit applicant, as a condition of the issuance of the building
permit, is required or desires to construct a bridge or major thoroughfare, the
City Council may enter into a reimbursement agreement with the applicant. Such
agreement may provide for payments to the applicant from the bridge facility or
major thoroughfare fund covering that specific project to reimburse the applicant
for costs not allocated to the applicant's property in the resolution establishing
the area of benefit. If the bridge or major thoroughfare fund covers more than
one project, reimbursement shall be made on a pro -rata basis reflecting the actual
or estimated costs of the projects covered by the fund.
Section 9-2.318. Details of Review Procedures.
The City Council may supplement the provisions of this chapter by a resolution
describing development and land use procedures and other provisions in greater detail.
Such resolution, however, shall be consistent with and conform to the provisions of this
chapter in all, respects.
ARTICLE 4. ZONING ADMINISTRATOR
Section 9-2.401. Office of Zoning Administrator Created.
The office of Zoning Administrator is hereby established pursuant to the authority
granted to cities under Section 65900 of The Government Code of the State of
California.
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Section 9-2.402. Intent and Purpose.
The office of Zoning Administrator is established to increase the efficiency and
responsiveness of the administration of the City's zoning regulations in the following
ways:
(a) To provide efficient methods of implementing the zoning regulations by reducing
the staff time involved and providing more flexibility in the processing of certain
variances, conditional use permits, and other permits as specified herein.
(b) To provide a method by which minor adjustments from the requirements of zoning
regulations may be decided without the necessity of the delays incident to the
setting of such matters for public hearing.
(c) To relieve the Planning Commission from the performance of certain minor
functions of a routine nature which tend to divert that body from the major
planning and zoning functions entrusted to the Commission by the San Juan
Capistrano Municipal Code and the laws of the State of California.
Section 9-2.403. Appointment of Zoning Administrator.
The City Manager shall appoint the Zoning Administrator and such alternate persons to
act for, and in behalf of, the Zoning Administrator during his or her absence.
Section 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 9-2.302 of the Municipal Code. Said authority shall be limited to
the following specific areas:
(I) AG District
(i) Collection centers for recycling of paper, glass, and other
materials.
(ii) Packing plants for whole agricultural products, excluding food
processing.
(2) EL and ES District
(i) Apiaries.
�(ii) Small animal raising, non-commercial, 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.
(3) RS District
(i) Small animal raising, non-commercial, in conjunction with the
residential use of a lot, wherein the lot size is greater than 15,000
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161
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square feet. Permitted species include rabbits, chickens, and
animals of similar size. Animal slaughtering or commercial
-
animal raising or breeding is prohibited.
(4)
CT District
(i)
Cabarets and night clubs.
(ii)
Dancing and live entertainment.
(5)
CO District
(i)
Public or private elementary schools requiring no outdoor
facilities.
(6)
CN District
(i)
Veterinary offices and clinics.
(7)
CG District
(i)
Book binding.
(ii)
Pottery or ceramics manufacturing.
(iii)
Veterinary offices and clinics.
(iv)
Dancing and live entertainment.
(v)
Cabarets and night clubs.
(8)
CM District
(i)
Pottery or ceramics manufacturing.
(ii)
Veterinary offices and clinics.
(iii)
Cabarets and night clubs.
(iv)
Dancing and live entertainment.
(v)
Second-hand stores.
(vi)
Collection and recycling of paper, glass, and other materials,
excluding junk yards or automobile salvage.
(9)
MG and MP District
' (i)
Collection and recycling of paper, glass, and other materials,
excluding junk yards or automobile salvage.
(b) Variances - The Zoning Administrator shall have authority to make determinations
on
variance
applications, except those variance applications requiring Planning
Commission
review (referenced in Section 9-2.405(b), subject to the criteria set
forth
in Section
9-2.303 of the Municipal Code.
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162
(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. Said authority shall be limited to the following specific
adjustments:
All dimensional or percentage requirements of Title 9, Chapter 3, of the Municipal
Code - maximum of 10 (10%) percent adjustment to required minimums or
maximums.
Section 9-2.405. Zoning Administrator Procedures.
(a) Determination on Applications - The Zoning Administrator may approve,
conditionally approve, deny, or continue, for reasonable cause, any application
described in this article.
(b) Referral to the Planning Commission - The Zoning Administrator may choose to
refer any application described in this article to the Planning Commission when
the Zoning Administrator determines that the general public interest warrants
such referral. When any application described in this article is in conjunction
with, and a part of, a project that requires Planning Commission action as a
normal course, said application shall automatically be referred to the Planning
Commission.
(c) Public Hearings - The Zoning Administrator shall hold public hearings for
conditional use permits and variances as required by Section 9-2.315 of the
Municipal Code and shall set the time and place of such hearings and ensure that
the required notifications are made. The Zoning Administrator shall record his or
her findings in full. The Zoning Administrator's decision, based on such findings,
shall be conclusive unless appealed as set forth herein.
(d) Appeals - All determinations by the Zoning Administrator may be appealed to the
City Council by the applicant or other aggrieved party in accordance with Section
9-2.316."
SECTION 2. Adoption of Negative Declaration.
The City Council hereby adopts the negative declaration for this project finding
that the negative declaration fully conforms to the California Environmental Quality Act
and state and local environmental impact report guideline procedures. The Council
further finds that there is no substantial evidence establishing that this project will have
a significant effect on the environment.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
.11
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163
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 19th day of January
1988.
ANTHONY L LAND, MAYOR
ATTEST:
CITY CLERK///
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO
1, MARY ANN HANOVER, 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. 620 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on January 5 , 1988 and adopted
at a meeting held on ,January 19 , 19.81, by the following vote:
vz
AYES: Councilmen Friess, Buchheim, Hausdorfer, and
Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
(SEAL)����
MARY ANN H', VER, CITY CLERK
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