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Ordinance Number 387ORDINANCE NO. 387 "FLAG" LOTS AND BUILDING ENCROACHMENTS AN ORDINACE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING PARAGRAPHS B-8 AND B-9 TO SECTION 3.4.24 AND AMENDING PARAGRAPH B OF SECTION 4.1.14 OF ORDINANCE NO. 293 RELATING TO "FLAG" LOTS AND EXISTING YARD ENCROACHMENTS THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: 1. From the City's experience in applying Ordinance No. 293, it has become apparent that there are two recurring types of variance applications. These are: a. Creation of "flag" (reduced frontage) lots. b. Building additions that line up "flush" with an existing exterior wall that presently encroaches into a required setback. These applications have little potential to affect neighboring properties, are presently subject to other building and development review restrictions, and can be approved or denied without need for the variance procedure. 2. The City's Environmental Review Board has reviewed the proposed amendment to Ordinance No. 293 contained herein, has determined that it 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. 3. The Planning Commission has reviewed the proposed amendment and forwarded it to the Council recommending adoption. 4. The proposed amendment is consistent with the overall goals and policies of the General Plan. SECTION 2. Text Amendment. 1. The following paragraphs are hereby added to Section 3.4.24 of Ordinance No. 293: "B-8. Lots with street frontages below the minimums set forth in Table 3-1 may be permitted without approval of a variance if all of the L, following conditions are met: a. The Lot's street frontage remains a minimum of 20 feet. b. The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion, which is set back away from the street. 7C 292 C. The minimum width of the buildable portion of the lot conforms to the requirements of Table 3-1. d. The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street frontage parking. Actual creation of reduced -frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced - frontage portion of such lots shall not be included in the computation of lot area (reference Section 4.1.14)." "B-9. On lots with an existing building setback encroachment into a required yard, structural additions having the same said encroachment are permitted without approval of a variance. However, no encroachments in excess of that existing, nor any new encroachments into other yards may be permitted without the approval of a variance (reference Section 2. Paragraph B of Section 4.1.14 of Ordinance No. 293 is hereby amended as follows: a. The first sentence, "Lot sizes shall be interpreted as that entire area encompassed by the property lines of a property regardless of the shape.", is deleted. b. Subparagraph B-6 is amended to read: "6. Long, narrow portions of irregularly- shaped lots used for access to the main portion of the lot shall not be considered in establishing setback areas nor shall they be credited for meeting the total area requirement of a lot." SECTION 3. Effective Date. This Ordinance shall take effect and be in force 30 days after its passage. SECTION 4. 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 15 days after its passage. PASSED, APPROVED AND ADOPTED this 18th day of _, 1979 , by the following vote, to wit: AYES: Councilmen Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: Councilman Hausdorfer KENNETH E. FRIE S, MAYOR ATTEST: CIL -2-