Ordinance Number 512ORDINANCE NO. 512
TO TITLE 9 OF THE MUNICIPAL CODE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 9-2.303, 9-2.404
AND 9-3.424 OF THE MUNICIPAL CODE REGARDING
VARIANCES, ADJUSTMENTS, AND EXCEPTIONS, AND THE
MAXIMUM HEIGHT OF 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 more effectively regulate
the height of all 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 9-2.303, Variances
The title of Section 9-2.303 is hereby amended to
read:
"Section 9-2.303 Variances and Exceptions"
A second paragraph is added to Subsection
9-2.303(a) to read as follows:
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"In addition, the Planning Commission is also
authorized to grant an exception for certain
requirements within this Code under special
circumstances."
A new Subsection 9-2.303(b) is added to read:
"(b) Zone Variances"
Existing Subsections 9-2.303(b), (c), (d), (e),
and (f) are hereby renumbered to be 9-2.303(b)(1),
(2), (3), (4), and (5), respectively.
A new Subsection 9-2.303(c) is hereby added to
read as follows:
"(c) Exceptions. The Planning Commission may
grant an exception subject to the criteria
and limitations set forth below. Public
notification may be deemed necessary but is
not 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:
"(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.
"(iii) That there is little potential for
the exception to create a negative
impact on surrounding areas.
11(2) Conditions - In granting an exception,
T he Planning Commission may impose
whatever conditions it deems necessary
to insure:
"(i) The compatibility of the use with
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."
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C. Amendment to Section 9-2.4-04(c), Adjustments
Subsection 9-2.404(c)(2) is amended to delete all
references to Section 9-3.424 and height of
structures and to read as follows:
11(2) Adjustments from the standards set forth in
Section 9-3.607 of Chapter 3 of this title
relating to tennis courts, 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."
D. Amendment to Section 9-3.424, Development
Standards
Subsection 9-3.424(a) is amended as follows:
Table 3-1: Development Standards of Subsection
9-3.424(a) is amended to include a double asterisk
(**) after each number in the last column
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 amended to
read as follows:
"(12) Maximum 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
regulated as follows:
10 Residential structures shall be limited
to 20 feet from finish grade to top of
wall; and,
"° All nonresidential structures shall be
limited to a maximum of two stories in
height and 25 feet from finish grade to
top of wall.
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"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).
"Exceptions from these standards may be
granted, subject to the criteria set forth in
Section 9-2.303 of Article 3 of Chapter 2 of
this title. In addition, exceptions from the
maximum building height may be granted. The
maximum height which can be reviewed as an
exception is the building height as measured
from average finish grade. Projects in
excess of the height limit as measured from
average finish grade will require review of a
zone variance."
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 19th day of
June , 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Schwartze,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Bland and Buchheim
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Y Y. HAUSDORFER, MAY
ATTEST:
MEM
360
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. 512 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on June 5 , 1984 , and
adopted at a meeting held on June 19 . 1984 .
(SEAL)
Y ANN VER, 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 of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 22nd day of June 1984,
she caused to be posted:
ORDINANCE NO. 512
being: AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 9-2.303, 9-2.404
AND 9-3.424 OF THE MUNICIPAL CODE REGARDING
VARIANCES, ADJUSTMENTS, AND EXCEPTIONS, AND THE
MAXIMUM HEIGHT OF STRUCTURES
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
v 1V
MARY ANN,,,,HANOVER, CITY CLERK
San JuaV Capistrano, California
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CHECK LIST
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