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Ordinance Number 453ORDINANCE NO. 453 11 AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ADDING DEVELOPMENT STANDARDS FOR TENNIS COURTS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.404, 9-3.401 THROUGH 9-3.409, 9-3.414, 9-3.415, 9-3.418 THROUGH 9-3.420, 9-3.604 AND 9-3.607 OF THE MUNICIPAL CODE, PROVIDING STANDARDS AND REVIEW PROCEDURES FOR DEVELOPMENT OF TENNIS COURTS THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: A. The City's Environmental Review Board has reviewed the amendment as set forth herein, has determined that the amendment will not have a significant impact on the environment, has accordingly issued a negative declaration, and has otherwise carried out all requirements of the California Environmental Quality Act as amended. B. The proposed amendment will provide for increased control of tennis court development in order to mitigate adverse impacts on surrounding properties. The Code Amendment will permit the regulation of tennis courts so as to ensure compatibility with adjacent land uses. C. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendment. SECTION 2. Amendment Text. A. Based upon the findings set forth in Section 1, preceding, the following amendments to the Municipal Code are hereby enacted: B. Section 9-2.404 - Authority of the Zoning Administrator. 1. Section 9-2.404(a) is hereby amended to add the following conditional uses for review by the Zoning Administrator: "(10) Single-family (RS) and Small Estate (ES). Tennis courts on individual residential lots. -1- "(11) All Zone Districts. Night Lighting for tennis courts, subject to the requirements of Section 9-3.607." 2. Subsection 9-2.404(c) is hereby amended to read as follows: "(c) Adjustments. The Zoning Administrator shall have the authority to make determinations on adjustment applications subject to the criteria and limitations set forth in this subsection. No public hearing shall be required in the determination of an adjustment application. Such authority shall be limited to: "(1) The adjustment of all dimensional or percentage requirements set forth in Chapter 3 of this Title 9 up to a ten (10%) percent deviation from the required minimums or maximums; 11(2) Adjustments from the standards set forth in Section 9-3.607 regarding tennis courts, provided that the Zoning Administrator makes the following findings: "(i) That there are special physical circumstances in areas surrounding the property in question that justify granting the adjustment; or "(ii) That adequate mitigation measures have been provided to minimize any adverse impacts on nearby properties." C. Subsection 9-3.401(c) (General Agriculture District), 9-3.402(c) (Small Farm District), and 9-3.403(c) (Large Estate District) are hereby amended to add the following as a permitted accessory use: "Tennis courts on individual residential lots, provided the requirements of Section 9-3.607 are met. Night lighting of tennis courts shall not be permitted unless a conditional use permit is approved by the City." D. Subsections 9-3.404(d) (Small Estate District) and 9-3.405(d) (Single -Family District) are hereby amended to add the following as a permitted conditional use: -2- "Tennis courts on individual residential lots, provided the requirements of Section 9-3.607 are met. Night lighting of tennis courts shall not be permitted unless included within the conditional use permit approval." E. Subsections 9-3.402(c)(5), 9-3.403(c)(3), 9-3.404(c)(3), 9-3.405(c)(2), 9-3.406(c)(2), 9-3.407(c)(2), 9-3.408(c)(1), and 9-3.409(c)(2), residential districts that permit recreation and community centers as accessory uses, are hereby amended to read as follows: "Recreation and community centers, noncommercial, public and private, provided that tennis courts within such centers conform to the requirements of Section 9-3.607. Night lighting of such tennis courts shall not -be permitted unless a conditional use permit is approved by the City." F. Subsections 9-3.414(d)(1) (General Commercial District) and 9-3.415(d),(1) (Commercial Manufacturing District), permitted conditional uses, are hereby amended to read as follows: "(1) Recreational uses requiring outdoor facilities, such as tennis clubs (provided in the requirements of Section 9-3.607 are met). However, outdoor night lighting for such recreational activities (other than parking lot or security lighting) shall not be permitted unless included within the conditional use permit approval." G. Subsection 9-3.418(c) (Public & Institutional District) is hereby amended to add the following as a permitted accessory use: "(3) Public and private recreation facilities, provided that tennis courts within such facilities conform to the requirements of Section 9-3.607. Night lighting of such tennis courts shall not be permitted unless a conditional use permit is approved by the City." H. Subsection 9-3.419(b)(1) (Private Recreation District, principal uses) shall be amended to read as follows: "(1) Recreation uses, commercial and noncommercial, such as tennis clubs, golf courses (regulation, par three (3) or miniature), driving ranges, billiard and pool centers, bowling lanes, bicycle rentals, and parks, However, outdoor night lighting for such recreational activities (other than parking lot or security lighting) shall not be permitted unless a conditional use permit is approved by the City." -3- I. Subsection 9-3.420(b)(1) (Open Space Recreation District, principal uses) is hereby amended to read as follows: 11(1) Open space recreation uses, public and private, which focus on the use of outdoor areas instead of building developments. Such uses shall include public tennis courts (subject to the requirements of Section 9-3.607), amphitheaters, athletic fields, bicycle rentals, golf courses (including regulation or par three (3) but not miniature), driving ranges, parks, horse stables and equestrian centers (commercial or noncommercial, as set forth in Section 9-3.620 of Article 6 of this chapter), and swimming pools (public and private). However, outdoor night lighting for such recreational activities (other than parking lot or security lighting) shall not be permitted unless a conditional use permit is approved by the City." J. Subsection 9-3.420(d) (Open Space Recreation District) is hereby amended to add the following conditional use: "(7) Private tennis clubs, subject to the requirements of Section 9-3.607. Night lighting of tennis courts in such clubs shall not be permitted unless included within the conditional use permit approval." K. Subsection 9-3.604(e) relating to fences, walls and hedges is hereby amended to read as follows: "(e) Tennis courts. Tennis court fences shall be subject to the requirements of Section 9-3.607." L. Section 9-3.607 (Accessory Uses and Structures) shall be amended to add the following: "(e) Tennis courts. Tennis courts permitted in Article 9-3.4 shall conform to the following development standards: 11(1) Location - No tennis court shall be permitted to encroach into the rear, side or front -yard setback. In addition, it shall be located no closer than 40 feet from any dwelling on an adjacent lot. 11(2) Grading - The total depth of cut or fill area shall not exceed four feet (e.g., four -foot maximum cut on one side and/or four -foot maximum fill on the other). -4- "(3) Fences - The fencing around the tennis court shall not exceed 12 feet in height and shall be screened unless otherwise approved by the Environmental Review Board. "(4) Lighting - The maximum height for tennis court lighting (fixture and pole) shall not exceed 18 feet. All such lights shall be shielded so as to confine all direct rays to the subject property and minimize spill-over outside of the tennis court area. 15 11(5) Required Review - All tennis courts not requiring a conditional use permit shall be reviewed by the Environmental Review Board to determine compliance with the above standards and to set conditions to minimize adverse impacts of the tennis court on nearby properties. These conditions of approval may include such items as screening and landscaping. "The Zoning Administrator may approve an adjustment from the preceding standards as set forth in Section 9-2.404." SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 20th day of April 1 1982 , by the following vote, wto it: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None i a;" R ATTEST: ITY CTIEPK -5-