Ordinance Number 646ORDINANCE NO. 646
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TO ADD CHAPTER 13 -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 13 ENTITLED "REGULATIONS
GOVERNING GATE -GUARDED NEIGHBORHOODS" TO TITLE 8
"BUILDING REGULATIONS" OF THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Municipal Code Amendment.
Chapter 13, entitled "Regulations Governing Gate -Guarded Neighborhoods" is
hereby added to Title 8 'Building Regulations" of the Municipal Code, to read as follows:
"CHAPTER 13
REGULATIONS GOVERNING GATE -GUARDED NEIGHBORHOODS
Section 8-13.101. Gate -Guarded Neighborhoods Subject to City Council
Approval.
A gate -guarded neighborhood for new or existing areas shall be established
within the City only after receiving City Council approval. Any person(s) or group
desiring a gate -guarded neighborhood shall submit a detailed "Gate -Guarded
Neighborhood Plan" to the Public Works Department for initial review. The Plan shall
provide the specified information and satisfy standards as set forth in this Chapter. The
Plan shall not be processed until the Public Works Director has determined that all
required information has been submitted with the Plan application. An application fee
shall be paid as set by City Council Resolution.
Section 8-13.102. Required Information of Gate -Guarded Neighborhood
Plan.
(a) Identifiable Area to be Served.
The Plan shall present evidence demonstrating that the control gates will
serve a well-defined neighborhood.
(b) Neighborhood Support.
The Plan shall include a petition establishing a strong majority support
for the concept. A benchmark of at least 75% of signatures of property owners residing
within the neighborhood establishing written support for the Plan shall be utilized by the
City in determining whether there is a strong majority support for the Plan. This criteria
shall not apply to new development.
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(c) Design and Access Standards.
(1) Required Key System for Gates.
The Plan shall provide for the installation of a master key Override
Switch System as prescribed by the City of San Juan Capistrano. Extra copies of the
master key shall be paid for by the applicant as a part of the application fee.
(2) Minimum Setback.
There shall be a 100 -foot setback from the adjacent public street
to the gate location. This requirement shall be treated as a general standard which may
be decreased or increased based upon site and public health and safety considerations at
the sole discretion of the City.
(3) Radius/Turn-Around.
There shall be a 20 -foot radius turn -around area to ensure
unrestricted access to and from the gate area and public street system. This
requirement shall be treated as a general standard which may be decreased or increased
based upon site and public health and safety considerations at the sole discretion of the
City.
(4) Fire District Review.
The Fire District shall be asked to make their review and
recommendations on any proposed plan.
(5) Other Topographical Considerations.
The Public Works Department shall review the Plan for other site
and topographical layout considerations to ensure that the design of the gate system does
not create health and safety hazards.
(6) Public Facilities.
The proposal will not block or inhibit access by the public to public,
or quasi -public, facilities such as parks, schools, hiking and biking, and equestrian trails,
etc.
(d) Utility Coordination.
The Plan shall show the layout of adjacent utility facilities. Any utilities
which are in conflict with the proposed gate system shall be relocated at the proposer's
expense.
(e) Financial Plan.
The proposer of the Plan shall submit a financial plan establishing that
the gate -guarded facility shall be adequately maintained on a permanent basis.
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Section 8-13.103. Gate -Guarded Neighborhood Plans Entailing the
Proposed Vacation of Public Streets.
(a) Vacation Procedure.
Where a Gate -Guarded Neighborhood Plan includes a request that the
City vacate a public street, the following provisions shall apply:
(1) Pursuant to Streets and Highways Code Section 8300 et seq, the
City Council will conduct a notice public hearing on whether a vacation of the public
street(s) should be approved. The City Council reserves sole discretion to approve,
conditionally approve, or deny any plan request.
(2) Pursuant to Streets and Highways Code Section 8323, public streets
may not be vacated unless the City Council finds and determines that the public street in
question is no longer necessary for present or prospective public use.
(3) In determining whether to vacate a public street as a part of a
Gate -Guarded Neighborhood Plan, the City Council will take into consideration the
aesthetic and social impacts arising from the proposed vacation of public street(s) as part
of the specific request under review.
(4) The proposal will not block or inhibit access by the public to public,
or quasi -public, facilities such as parks, schools, hiking, biking, equestrian trails, etc.
(5) The City will impose conditions on the vacation of a public street,
such as reservation of public easements, where appropriate.
(b) Revocation of Vacation of Public Street.
The City Council reserves the right to conditionally approve a vacation
of a public street in a manner that will allow the City to revoke the vacation of the
street if the plan proponent fails to abide by conditions of approval, or the plan
implementation is otherwise found to create a public health and safety hazard.
Section 8-13.104. Exceptions.
Notwithstanding the standards set forth in this Chapder;;the City Council may
make exceptions to one or more of the design standards set forth in Section 8-13.102 if it
finds that:
(a) There would be no health or safety hazard created by the waiver of the
design standard; and,
(b) Unique topographical features, including size of the neighborhood, justify
waiver of one or more of the design standards.
Section 8-13.105. Procedure.
(a) Public Works Department as Lead Agency.
The Public Works Department shall receive and certify the Gate -Guarded
Neighborhood Plan as complete. The Department shall then review the application for
its compliance with the design standards. The Department shall also request comments
and recommendations from the Department of Community Planning and Development
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and the City Manager's office as to any issue of concern, including aesthetic and social
impacts arising from the proposal.
(b) City Council Review.
The City Council reserves sole discretion to grant or deny a plan
application. The City Council shall conduct a public hearing on any application for a
Gate -Guarded Neighborhood Plan.
Any plan entailing a proposal for vacation of public streets shall be
subject to the notice and hearing provisions of Streets and Highways Code Section 8300
et seq.
The Public Works Director and any other affected department shall make
a recommendation to the City Council as to whether the Plan shall be approved,
conditionally approved, or denied.
The City Council shall not approve any proposal unless it finds in writing
that all design and related criteria set forth in this Chapter have been satisfied and that
the approval of the Plan promotes the health, welfare, and safety of the community."
passage.
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption is required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published, the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 16th day of May
1989.
ATTEST:
CITY CLE
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0345
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss
CITY OF SAN JUAN CAPISTRANO )
I, 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. 646 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on May 02, , 1989, and adopted at
a meeting held on May 16 , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess,
Buchheim, Bland and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)MARY ANN,ANN OVER, CITY CLERK
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