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Ordinance Number 506ORDINANCE NO. 506 TO TITLE 9 OF THE AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.404 AND 9-3.424 OF THE MUNICIPAL CODE REGARDING MAXIMUM HEIGHT OF NON-RESIDENTIAL STRUCTURES 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 set forth herein, has determined that the amendment will not have a significant impact on the environment, has accordingly recommended that a Negative Declaration be granted for the amendment, and has otherwise carried out all requirements of the California Environmental Quality Act as amended. The City Council hereby finds and certifies said actions as appropriate and grants a Negative Declaration. B. This code amendment will regulate the height of all non-residential structures within the City and is necessary to meet the City's General Plan goals. C. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendment. SECTION 2. Amendment Text. A. Introduction Based upon the findings set forth in Section 1, preceding, the following amendment to the Municipal Code is hereby enacted: B. Amendment to Section 9-2.404(c), Adjustments Subsection 9-2.404(c)(2) is amended to read as follows: 331 "(2) Adjustments from the standards set forth in Sections 9-3.424 and 9-3.607 of Chapter 3 of this title relating to height of non-residential structures and tennis courts, respectively, provided that the following findings are made: "(i) That there are special physical circumstances in areas surrounding the property in question which justify granting the adjustment; and, "(ii) That adequate mitigation measures, if any are deemed necessary, have been provided to minimize any adverse impact on nearby properties." C. Amendment to Section 9-3.424, Development Subsection 9-3.424(a) is amended as follows: Table 3-1: Development Standards of Section 9-3.424(a) is amended to include a double asterisk (**) after each number in the last column corresponding to all non-residential uses identified as "maximum height of structures." The following note is added to the bottom of the page: "**Refer to Subsection 9-3.424(b)(12) for additional height restrictions." Subsection 9-3.424(b)(12) is hereby added to read as follows: 11(12) Maximum Non-residential Building Height. In accordance with the Land Use and Community Design Elements of the General Plan, the City wishes to encourage the development of structures that fit into the existing landform. To this end, the height of exterior walls shall be limited to a maximum of two stories in height and 25 feet from finish grade to top of wall. "For the purposes of this section, top of wall shall be that point where the wall meets a roof or other building element which, in the judgment of the Environmental Review Board, defines the effective vertical wall plane. In the case of a gable -end roof, the top of wall shall be a line connecting the two points that define the tops of the adjoining walls (see Figure 3A). Adjustments from these standards may be granted, subject to the criteria set forth in Section 9-2.404 of Article 4 of Chapter 2 of this title." -2- GABLE END TOP OF WALL FIGURE 3A FINISH GRADE 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 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 6th day of March , 1984 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None ATTEST: 2 22le,_ ITY CLERI. -3- ANTHONY L- BLAND, MAYOR 333 STATE OF CALIFORNIA ) COUNTY OF ORANGE 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. 506 , which was introduced at a meeting of the City Councilof�tte City of San Juan Capistrano, California, held on February 21 , 1984 , and adopted at a meeting held on March 6 , 1984 (SEAL) MARY ANN OVER, CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State California and in further compliance with City Resolution No. 83-12-20-3 and on the 9th day of March she caused to be posted: ORDINANCE NO. 506 being: AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - DEVELOPMENT STANDARDS REGARDING MAXIMUM HEIGHT OF NON-RESIDENTIAL STRUCTURES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.404 AND 9-3.424 OF THE MUNICIPAL CODE REGARDING MAXIMUM HEIGHT OF NON-RESIDENTIAL STRUCTURES of 1984 , in three (3) public places in the City of San Juan Capistrano, to wit:- City Hall; Old Fire Station Recreation Complex; Orange Countv Public Library. 50 ...... j. Mayor has signed .....__.... Clerk has signed .-_... City Seal stamped ___... All blanks typed in "Absent.. .......... .Noes ._._....... ................_.. __._. Typed in Official Record Book .......___. Posted to Classified Cards \ ' ............ Copies Copies sent '< Legal Publicafiori� ord-ere�ii'f� be published (date) -- ....... ____._.....___...._..._....---.___.... No. Affidavits ...--- .--- ............---- *---`- No. Printed copies required .... 9 - MA Y NYNOVER, CITY CLERK San Juan Capistrano, California - -/ - -- -4- ,L i---di'Ylenc�r--- .-. <.f 'd......... /..6l ....