Ordinance Number 413N
ORDINANCE NO. 413
CODE AMENDMENT 80-3
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 9
OF THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
1. The City's Environmental Review Board has reviewed
the Code amendment set forth herein, has determined
that the amendment will not have a significant
effect on the environment, has accordingly issued
a negative declaration for the amendment, and has
otherwise carried out all requirements of the
California Environmental Quality Act.
2. The Code amendment will provide continued City
control over land development and potential land
use conflicts while providing more flexibility and
specificity in the application of certain numerical
standards and other land use restrictions.
SECTION 2. Text of Amendments to Title 9 of
the Municipal Code.
A. Introduction
Based on the findings set forth in Section 1, the
amendfients to Title 9 of the Municipal Code set forth in
Paragraphs B through F, following, are hereby enacted.
B. Section 9-2.304(n) is hereby added to read as
follows:
"Section 9-2.304(n). Lot Line Adjustments.
"A lot line adjustment between two or more existing
adjacent parcels, where the land taken from one parcel is
added to an adjacent parcel, and where 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 of
Community Planning and Development 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 line(s) and the
concurrent elimination of the previous property line(s)
shall, following approval of the adjustment, be recorded
with the County Recorder.
"Either the Director of Community Planning and
Development or the City Engineer may refer any lot line
adjustment to the Planning Commission for approval or denial."
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Section 9-3.415(c) is hereby amended to add the
following:
"(16) vehicle storage uses, excluding junk yards or
auto salvage.
"(17) Collection and recycling of paper, glass, and
other materials excluding junk yards or auto salvage.
"(18) The retail sale of carpeting, furniture, or
home appliances, provided the premises in question meet all
parking requirements of Section 9-3.602 for such retail sale
and that no display of merchandise is visible from
Interstate 5.
"(19) Recreation and leisure uses not requiring
outdoor facilities, including game machine arcades, pool and
billiard centers, bowling lanes, ice and roller skating
rinks, theaters (excluding drive-ins), athletic clubs, and
health clubs."
Section 9-3.415(b)(11) is hereby deleted.
Sections 9-3.604, 9-3.605, and 9-3.606, are hereby
amended to read as follows:
"Section 9-3.604. Fences, Walls, and Hedges.
"(a) General. Fences, walls and hedges may be
erected within required yard setbacks in all Districts
subject to the requirements of this Section.
"For the purposes of this Section, the terms 'fence'
and 'wall' shall have the same meaning and any reference to
fences shall include walls as well. In addition, all height
restrictions applying to fences and walls shall apply equally
to hedges planted within required yards forming a barrier
serving the same visual purpose as a fence or wall.
"(b) Residential Districts. The following
requirements shall apply to fences in all residential
districts, including the RA District:
"(1) Fences erected within required side or
rear yards shall not exceed a height of six (6) feet.
However, when the rear property line of a corner lot
abuts the side property line of an adjoining lot
(i.e., a 'key lot' situation), fences on the exterior
(street) side of the corner lot shall not exceed a
height of three (3) feet if placed within five (5) feet
of the street right-of-way line adjoining the side yard
of said corner lot. Further, fences within a required
side yard on the exterior side of a corner lot shall
conform to the requirements of Section 9-3.605
(Visibility at Intersections).
"(2) Solid fences shall not exceed a height of
three (3) feetrn aany required front yard. However,
the Director of Community Planning and Development may,
upon application, approve fences in front yards up to
five (5) feet in height if all of the following
requirements are met:
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"The portion of the fence above three feet is
of open, vertical bar construction (e.g.,
wrought iron) with a minimum spacing of three
inches between vertical elements.
"The City Engineer confirms that the proposed
fence allows adequate sight distance for
vehicles using driveways and/or street
intersections.
"(c) Agricultural Districts. Fences may be erected
in the AG and GM Districts up to a height of six (6) feet
within all required yards provided such fences conform to
the requirements of Section 9-3.605 (visibility at Inter-
sections).
"(d) Other Districts. Fence height and design in
all districts other than residential and agricultural shall
be approved by the Director of Community Planning and
Development prior to erection. Such fences shall also
conform to the requirements of section 9-3.605 (Visibility
at Intersections), 9-3.606 (Swimming Pools), 9-3.616
(outside Storage), and other applicable sections of this
Code. The Director of Community Planning and Development
may refer any such proposed fence to the Architectural Board
of Review or Planning Commission for approval or denial.
"(e) Tennis Courts. In all districts, tennis court
fences up to a height of twelve (12) feet may be approved by
the Planning Commission within any required yard if the
Commission determines that such fence will not have a
substantial adverse impact on surrounding properties.
"(f) Fence/Retaining Wall Combinations. If a fence
is a vertical extension of a retaining wall and the combined
retaining wall and fence height is greater than six (6) feet
within a side or rear yard or greater than three (3) feet
within a front yard (measured from the base of the retaining
wall), the base of the fence shall be stepped back from the
top of the retaining wall a minimum of two (2) feet.
"(g) Measurement of Fence Height. Height of fences
shall be measured from the finish grade on the inside of the
fence. Exceptions: the height of fences enclosing swimming
pools shall be measured from finish grade three (3) feet
outside the fence.
"(h) Building Permits. Building permits shall be
required prior to the erection of fences in accordance with
the requirements of the Uniform Building Code and the City
Department of Public Works."
"Section 9-3.605. Visibility at Intersections.
"On a corner lot in any district, no fence, wall,
hedge, or other barrier shall be erected, placed, planted,
or allowed to grow so as: (1) to materially impede vision
above a height of three (3) feet -- across a triangular area
bounded by the front and side property lines and a diagonal
line connecting the two property lines at points fifteen
(15) feet from the intersection of property lines (reference
Figure 3-4); or, (2) to be in conflict with the vehicular
sight distance requirements of the current edition of the
California Department of Transportation Highway Design
Manual."
=L
P,
STREET
oe°a'o^^' FRONT LOT 41NE
.N Qo o
i AREA To
' z REMAIN �
IJ OPEN ABOVE
ig 3 FEET
IW
LOT
FIG. 3-4
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"Section 9-3.606. Swimming Pools, Whirlpools,
and Spas.
"(a) Swimming pools, whirlpools and spas are
permitted in all districts subject to the following
requirements:
"(1) All Districts other than Estate, RA, AG,
or GM. Pools in all Districts other than ES, EL, RA,
AG, or GM, shall be located no closer than five (5)
feet from edge of water to any side or rear property
line and shall maintain the same front yard setback as
specified in this Code for the principal building on
the lot. In no case shall pools be located where fence
height is restricted to less than five (5) feet.
"(2) Estate, RA, AG, or GM Districts. Pools
in the ES, EL, RA, AG, or GM Districts shall be located
no closer than ten (10) feet from the edge of water to
any side or rear property line and shall maintain the
same minimum front yard setback as specified in this
Code for the principal building on the lot. In no case
shall pools be located where fence height is restricted
to less than five (5) feet.
"(3) Filter and Heating Equipment. Filter,
heating and other pool support equipment shall be
located no closer than twenty (20) feet from any
neighboring dwelling unless such equipment is placed
within a building, underground vault or other enclosure
which the Director of Community Planning and Development
determines provides effective noise and vibration
damping. In order to make such a determination, the
Director of Community Planning and Development may
'require sound tests of the proposed enclosure by a
qualified professional. The Director shall use the
requirements of Section 9-3.615 (Noise) as a guide to
determining adequacy of accoustical damping.
"(4) Fence Requirements. All pools shall be
completely enclosed by a fence or wall at least five
(5) feet in height, measured from finish grade, three
(3) feet from the outside of the fence. Said fence
shall be designed and constructed without 'footholds'
or openings which would permit or assist climbing and
thus defeat the fence's purpose. All gates or doors
opening to the pool area shall be equipped with a self -
latching and self-closing device designed to keep such
door or gate securely closed at all times when not in
actual use. Such gates shall be designed to be openable
from the inside only."
Section 9-4.114(a)(7) is hereby amended to read
as follows:
"(7) Where the front property line is not readily
apparent it shall be determined as follows:
"(i) Lots set back from the public right-of-
way with long narrow portions for access shall have
that line, or series of lines, joining such a portion
established as the front property line.
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T
"(ii) On through lots, the front property line
shall be that property line through which access to the
property is gained.
"(iii) For corner lots and in cases where the
front lot line is not clearly identifiable under '(i)'
or '(ii)', preceding, the Director of Community Planning
and Development shall determine the front lot line.
The Director shall use the following criteria in making
such determinations:
"(1) The orientation of existing buildings
on adjacent lots.
"(2) With corner lots, the possible
different classification and function of the two
intersecting streets -- e.g., if one street is
local and the other an arterial, access and front
lot line should normally be on the local street.
"(3) Topography and orientation of the
buildable portion of the lot.
"(4) The practice, in the design of
subdivisions, of orienting most corner lots so
that the shortest exterior property line is the
front property line."
F. section 9-4.114(b) is hereby amended to read
as follows: ,
"(b) Cul-de-sac lots.
"(1) Front Yard Setbacks. The front yard
setback for cul-de-sac lots shall be determined in the
same manner as for other lots -- i.e., the required
minimum horizontal distance between the building line
and the ultimate street right-of-way line.
"(2) Minimum Street Frontage. The front chord
length of the central angle describing the front property
line shall not be less than sixty-seven (678) percent
of the minimum street frontage as described in said
Section 9-3.424. The side yard and rear yard setbacks
shall be determined as set forth in subsection (a) of
this section. The area of the lot shall be based upon
the total area encompassed by the property lines,
regardless of the property shape. The setback
requirements for cul-de-sac lots are illustrated in
Figure 4-11 following this section. (4.1.14, Ord. 293)"
In addition, the attached Figure (Exhibit A,
following) shall replace the existing Figure
4-11 in Section 9-4.114.
EXHIBIT A
STRUCTURE
bC
d
67% OF LOT WIDTH)
CENTRAL ANGLE OF ARC DESCRIBING
FRONT PROPERTY LINE
CUL DE SAC
LOT SETBACK
(FIG. 4 -II)
El
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force 30
days after its passage.
SECTION 4. City Clerk 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 15
days after its passage.
PASSED, APPROVED AND ADOPTED this 10th day of
December , 1980 , by the following vote, to wit:
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT:
AVW4"IF
CITY CL
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. 413 , which was introduced
at a meeting of the City Council of the City of San Juan Capistrano,
California, held on December 3 1 1980 , and adopted at a
meeting held on December 10 1980.
(SEAL)
RNOVER, CITY CLERK
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