Ordinance Number 1151
ORDINANCE NO, 115
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
STATE OF CALIFORNIA, ESTABLISHING REGULATIONS
PERTAINING TO THE USES OF LAND AND USES, LOCATION,
HEIGHT, BULK, SIZE AND TYPES OF BUILDINGS AND OPEN
SPACES AROUND BUILDINGS IN CERTAIN DISTRICTS OF
THE CITY, SPECIFYING SAID DISTRICTS, PROVIDING FOR
THE ADMINISTRATION AND ENFORCEMENT OF SUCH REGU-
LATIONS AND PRESCRIBING PENALTIES FOR VIOLATIONS
THEREOF; REPEALING ORDINANCES IN CONFLICT HEREWITH
The City Council of San Juan Capistrano does ordain as follows:
SECTION 1. ADOPTION OF ZONING PLAN
1.01.1 ADOPTION: There is hereby adopted a Precise Zoning Plan for the
City of San Juan Capistrano, State of California
.i
1.01.2 The purpose of this ordinance is to promote the public health, safety
and general welfare and to secure for the citizens of San Juan
Capistrano the social and economic advantages that will result from
an orderly planned use of its land resources.
1.01.3 This ordinance shall be entitled "THE SAN JUAN CAPISTRANO LAND USE
AND ZONING ORDINANCE".
SECTION 2. DEFINITIONS
2.-1.1 Fhr the purposes of this ordinance certain terms are hereby defined.
Definitions of the terms used in the ordinance are restricted to this
section. Words used in the present tense shall include the future
tense; words in the singular form shall include their plural form;
the word "Shall" is mandatory, and the word "May" is permissive.
ADMINISTRATIVE OFFICE: An office for the rendering'of service or
general administration, but excluding retail sales.
ALLEY: A public or private way less than forty (40) feet in width
which permanently affords a secondary means of access to abutting
property.
APARTMENT: A room or suite of rooms which is occupied or which is
intended or designed to be occupied by one (1) family for living and
sleeping purposes and which contains no more than one kitchen.
APARTMENT HOUSE: A building, or portion thereof, which is designed,
built, leased, or rented to be occupied, or which is occupied, as the
residence of three (3) or more families living independently of each
other and in said building.
BOARDING HOUSE: A dwelling other than a hotel where lodgings and/or
meals for three (3) or more persons are provided for compensation.
BUILDING: A structure having a roof supported by columns or walls
and designed for the housing or shelter of any person, animal or
chattel.
BUILDING ACCESSORY: A subordinate buidling, the use of which is
incidental to that of the main building or main use on the same
building site.
BUILDING HEIGHT: The average vertical distance from the highest
point and lowest point of finished grade of that portion of a building
site covered by a building, and measured to the topmost point of the
roof of said building.
BUILDING, MAIN: A building in which is conducted a principle use of
the building site on which it is situated.
BUILDING SITE, LEGAL: A lot, lots or a parcel of land of record
occupied, or to be occupied, by a main building and related accessory
buildings, or by a dwelling group and its accessory buildings, to-
gether with such open spaces as required by law and which has a
minimum twenty (20) foot abutment upon a street.
BUSINESS, RETAIL: An establishment for the retail sale of any
article, service, substance or commodity.
BUSINESS, WHOLESALE: An establishment for the wholesaling of any
article, service, substance or commodity.
CARPORT: A roofed building fob. the storage of motor vehicles which
shall be unenclosed on at least three (3) sides.
CITY: The City of San Juan Capistrano, a municipal corporation of
the State of California.
CITY COUNCIL: The City Council of the City of San Juan Capistrano,
Orange County, California.
COMMISSION: The City Planning Commission of the City of San Juan
Wistrano, Orange County, California.
CONDOMINIUM: An estate in real property consisting of an undivided
interest, in common, in a portion of a parcel of real property
together with a separate interest in space in a residential, indus-
trial or commercial building on such real property, such as an
apartment, office or store. It may include in addition, a separate
interest in other portions of such real property. Such estate may,
with respect to the duration of its enjoyment, be either, (1) an estate
of inheritance or perpetual estate, (2) an estate for life, or (3)
an estate for years.
DISTRICT, ZONED: A portion of the City within which only certain
uses of land and buildings are permitted and within which certain
yards and other open spaces are required and certain height limits
are established for buildings.
DWELLING: A building, or portion thereof, designed and used exclus-
ively for residential occupancy, including one -family, two-family
and multiple -family dwellings, but not including hotels, motels, or
boarding houses.
DWELLING GROUP: A group of two (2) or more detached or semi-detached
dwellings, said dwellings occupying the same budding site and having
any yard or court in common.
DWELLING, MULTIPLE -FAMILY: A building designed and used exclusively
for residential occupancy by three (3) or more families living
independently of each other, including necessary domestic employees
of each family, not to be equipped with more than one (1) kitchen per
Hiring unit, including apartment houses, but not including hotels,
motels or boarding houses.
DWELLING, SINGLE-FAMILY: A building designed and used exclusively
for residential occupancy by only one (1) family, including the
necessary domestic employees of such family, and not to be equipped
with more than one kitchen.
DWELLING, TWO-FAMILY: A building designed and used exclusively
for residential occupancy by two (2) families living independently
of each other, including the necessary domestic employees of each
family, and not to be equipped with more than one kitchen per resi-
dential unit.
FAMILY: An individual living alone, or two (2) or more persons
related by blood or marriange, including domestic employees, or a
group of not more than five (5) persons, other than domestic employees,
who need not be related by bloodor marriage, living together.
FENCE: A device, structural or natural, forming a physical barrier
by means of hedge, wood, mesh, metal, chain, masonry, brick, slate,
plastic or other similar meterial.
GARAGE: A roofed building for the storage of motor vehicles which
shall be enclosed on all four (4) sides.
GUEST HOUSE: Detached living quarters of a permanent type without
a kitchen or cooking facilities, and where compensation in any form
is not received or paid.
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HOSPITAL, GENERAL: A facility licensed by the State Department of
Public Health which maintains and operated organized facilities for
one or more persons, for the medical or surgical diagnosis, care and
treatment of human illnesses.
HOTEL: A single building or a group of detached or semi-detached
buildings containing transient guest units. No more than 20% of such
units shall be equipped with kitchens.
JUNK YARD: More than 100 square feet of the area of any lot or
parcel of land used for the storage of junk including, but not
I,
limited to, scrap metals or other scrap materials, or used for the
dismantling or wrecking of automobiles or other motor vehicles or
machinery, whether for hire, salvage, sale or storage.
LAND USE PERMIT: A permit, application for which shall be made for
both variances from standard requirements and conditional uses per-
mitted herein.
LOT: A legal building site shown upon a recorded subdivision map
or upon a division of land map supported by a recorded record of
survey„or a building site described in a deed of record other than
a trust deed.
LOT, CIDRNER: A lot at the intersection of two (2) or more streets,
the frontage of which, and one or more sides, abut upon said streets.
LOT, FRONTAGE: The shortest lot line abutting upon a street.
LOT, INTERIOR. A lot which is not a corner lot.
LOT LINE: Any property line bounding the lot.
LOT, THROUGH: An interior lot having frontage on two streets.
MARQUEE: A fixed shelter used only as a roof, extending over a
property line and entirely supported by the building to which it
is ittached.
MOBILEHOME: A vehicle, other than a motor vehicle, used as semi-
permanent housing, designed for human habitation or for carrying
persons and property on its structure, and for being drawn by a
motor vehicle. (Mobilehome shall include a trailer coach)
MOBILEHOME PARK: Any area or tract of land where one or more lots,
designated or used for the occupancy of mobilehomes, are rented or
offered for rent.
MOTEL: See HOTEL.
NON -CONFORMING USE: A lawfully established useof land or buildings
that does not conform to the present zoning regulations for the
district in which located.
PARKING SPACE: An accessible and entirely usable space for off-street
parking of a motor vehicle.
PERSON: Includes any individual, city, county, state, the United
States of America, a partnership, a sole proprietorship, a cooper-
ative, a corporation, an association, a trust or any other legal entity.
REST HOME: A convalescent home, nursing home or a home for the aged,
licensed under Section 2300 of the "Welfare and Institutions Code"
of the State of California, for ambulatory patients only, but not
including alcholics, drug addicts, or persons with mental or contagious
diseases or afflictions. F
ROOMING HOUSE: See BOARDING HOUSE.
SETBACK LINES: Lines established by this ordinance to govern the
placement of buildings or structures with respect to property lines,
streets or surveyed street centerlines.
SIGN: Any medium which is used or intended to be used to attract
attention to the subject matter thereon for advertising purposes.
SIGN, ACCESSORY: A sign which advertises only a lawful use of the
premises upon which it is located, including the business transacted,
service rendered, goods sold or produced, name of the business, or
the name of the person, firm or corporation occupying the premises.
SIGN, BILLBOARD: A sign displaying subject matter for the purpose
of advertising any business transacted, service rendered, goods sold
or produced, name of a business, or the name of a person, form or
corporation not necessarily available upon the legal building site
of such sign.
SIGN, COMBINATION: A sign incorporating any combination of the
features of ground, projection and roof signs;,
SIGN DISPLAY SURFACE: The surface of the sign actually used for
mounting the advertising message, trademark or emblem.
SIGN, ELECTRIC: A sign or portion thereof which is illuminated
or energized by electricity.
SIGN, FLASHING: A sign which is intermittently on and off, or which
moves in a manner to create the illusion of being intermittently
on an off, excepting time telling and temperature indicating signs.
SIGN, GROUND: A sign which is supported by one or more poles, uprights,
or braces in or upon the ground, and which is not a part of a building.
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SIGN, MARQUEE: A sign attached to, supported by, or hung from a
marquee.
SIGN, PROJECTING: A sign other than a wall sign suspended from or
supported by a building or structure and projecting out therefrom.
SIGN, ROOF: A sign erected over or upon a building or supported
by a roof or parapet of a building
SIGN, STRUCTURE: The supports, uprights, bracing and framework
of the sign.
SIGN, TEMPORARY: A sign intended to be displayed or displayed for
only a controlled period of time determined by the City.
I
SIGN TRIM, NON-STRUCTURAL: The molding, battens, cappings, nailing
strips, latticing, cutouts or letters and walkways attached to a
sign structure.
SIGN, WALL: A sign attached to, painted on, or erected against a
wall of a building or structure with the exposed face, if attached,
in a plane approximately parallel to the plane of said wall.
STREET: A right-of-way which affords a primary means of access for
vehicular traffic to abutting properties.
STREET, PRIVATE: A street which is not a public street.
STREET,, PUBLIC:. A, street the right-of-way which has been dedicated
to ,and accepted by the City for public use.
STRUCTURE: Anything constructedor erected, the use of which requires
location on or in the ground., or attachments to something having
location on or in the ground to include swimming pools, and excluding
driveways, patios and parking spaces.
THEATER: A building for giving dramatic performance or showing
motion pictures, with all functions of the theater conducted within
said building.
U.B.C. STANDARDS: The standards set forth in the most recent edition
of the Uniform Building Code adopted by the City.
USE, ACCESSOTY: An incidental or subordinate use related exclusively
to the main use of the building site or any main building located
thereon.
YARD, FRONT: A yard extending across the full width of any building
site between the said property lines, and measured between the front
property line and the nearest line of any building. Provided, how-
ever, if any official ultimate right-of-way line has been established
for the street upon which the site fronts, the front yard shall be
measured instead from such ultimate line to the nearest line of
any building.
YARD, REAR: A yard extending across the full width of any building
site between the side property lines, and measured between the rear
property line and the nearest line of any building.
YARD, SIDE: A yard extending between the front yard and the rear
yard of any building site, and measured between that portion of the
side property line abutting said side yard and the nearest line of
any building opposite said portion of the said property line.
SECTION 3. ESTABLISHMENT OF LAND USE DISTRICTS
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3.01.1 There are hereby establishedthe following districts into which the
City of San Juan Capistrano is divided and which are designated as
follows:
Al "GENERAL AGRICULTURW DISTRICT
A3 "RESIDENTIAL AGRICULTURAL" DISTRICT
EI "LARGE ESTATE" DISTRICT
E2 "MEDIUM ESTATE" DISTRICT
E3 "SMALL ESTATE" DISTRICT
E4 "HILLSIDE ESTATE" DISTRICT
RI "SINGLE-FAMILY RESIDENTIAL" DISTRICT
R2 "TWO-FAMILY RESIDENTIAL" DISTRICT
R3 "MULTIPLE -FAMILY AND APARTMENT" DISTRICT (SUBURBAN)
R4 "MULTIPLE -FAMILY AND APARTMENT" DISTRICT
PD "PLANNED DEVELOPMENT" DISTRICT
PC "PLANNED COMMUNITY" DISTRICT
RP "RESIDENTIAL PROFESSIONAL" DISTRICT
Cl "LOCAL BUSINESS" DISTRICT
C2 "GENERAL BUSINESS" DISTRICT
C2 -A "RESTRICTED GENERAL BUSINESS" DISTRICT
ML "LIMITED MANUFACTURING" DISTRICT
Ml "LIGHT INDUSTRIAL" DISTRICT
PH "PARKS AND HIGHWAYS"
Ul "UNCLASSIFIED" DISTRICT
3.01.2 In addition to the districts established in Section 3 above, there are
hereby established three Combining Districts in which a Mission
Architectural Control District "H" is combined with a modified. Cl. C2
and R2 Districts set forth in Section 3 to form more restrictive Districts.
C1 -H "LOCAL BUSINESS MISSION" DISTRICT
C2H "LOCAL BUSINESS MISSION" DISTRICT
R2H "TWO-FAMILY RESIDENTIAL MISSION" DISTRICT
3,01.3 The boundaries of the districts designated and established by Sections
3.01.1 and 3.02,2 hereof are as shown on that certain map entitled
"Precise Zoning Map", City of San Juan Capistrano, incorporated herein
and made a part of this ordinance by reference as if herein fully set
forth and which map is on file in the Office of the City Clerk and to
which reference is hereby made for full particulars as to the locations
of the areas shown within said districts. The Districts shown are
hereby declared to be subject to the regulations pertaining to such
designated districts as said regulations are set forth in this
ordinance.
3.01.4 Where the enact boundaries of a district cannot be readily or exactly
ascertained by reference to the "Precise Zoning Map", the boundary
shall be deemed to be along the nearest street or lot line as the case
may be. If a district boundary line divides or splits a lot, the lot
divided or split shall be deemed to be included within the district
which is the more restrictive. The provisions of this section shall
not apply to acreage.
3.01.$ The City of San Juan Capistrano may prezone certain contiguous areas
which in the opinion of the Planning Commission or City Council bear
relationship to its planning. Any district so established shall pre-
vail if and when areas containedwithin such district are annexed to
the City. For this purpose, prezoning maps may be developed., adopted
and amended as prescribed by this ordinance. -
3.ol.6 If prezoning maps of properties outside the incorporated area have
been adopted by ordinance, any territory upon becoming a part of the
City shall possess the classification indicated on the detailed pre-
zoniAg map, and such portion of the pre -zoning map shall become a part
of the City "Precise Zoning Map" and thereafter be subject to all
provisions of this ordinance.
3.02.7 Changes in the boundaries of districts shall be made by ordinance in
the manner provided in Section 4.13 for PC Districts and. Section 10
hereof for all other Districts, said ordinance describing the area
to be changed by either parcel, block or tract number, or by metes and
bounds. After adoption of any ordinance changing any boundaries of
any district, the appropriate department as directed by administrative
directive of the City Administrator shall revise the aforementioned
map to show the changes made in district boundaries and show the
a
number and date of adoption of the ordinance making such change.
3.01.8 All lands now or hereafter included within the City of San Juan
Capistrano boundaries, which are not designated on the aforementioned
zoning map or adopted prezoning maps as being included in any district,
are and shall be designated as U1 "UNCLASSIFIED" DISTRICT.
SECTION 4. ESTABLISHMENT OF REGULATIONS GOVERNING DISTRICTS ESTABLISHED IN SECTION 3
Except as provided in this Section, no structure shall be erected,
reconstructed, enlarged, altered or moved; nor shall any building or land be used
except as hereinafter specifically provided for an allowed in the districts in
which such structure and land are located.
4.01.1 USES PERMITTED:
9
A. All uses permitted in A3 and E "Districts".
B. Farming, including all types of agriculture and horticulture.
EXCEPT: Farms operated publicly or privately for the disposal
of garbage, sewage, rubbish or offal.
C. Animal husbandry.
EXCEPT: Hog and commercial livestock feeding ranches.
D. Dairying provided:
(1) That the premises contain at least 1 acre for each 10
head in the herd.
(2) Excepting fences enclosing pasture, that all corrals,
buildings or structures used for milking, feeding or
sheltering the head be at least 200 feet from any exist-
ing dwelling on a premisesnotdevoted to dairying.
E. Egg production, candling andsale; production of poultry, pigeons
and other fowl; production of rabbits, fish and frogs; slaughter-
ing, dressing and sale of these products if produced, raised or
fattened on the premises provided:
(1) That any poultry, pigeon or rabbit enclosure, any slaughter-
ing building or place, be at least 100 feet from any exist-
ing dwelling not on the premises and at least 200 feet from
any milking or milk handling building or a dairy.
F. Single -Family dwelling, detached guest cottages and employees
quarters, all of a permanent character placed in permanent locations.
G. Accessory buildings, structures and uses necessary for the oper-
ation of a permitted use.
H. Temporary stands for the sale of agricultural or farming products
grown or produced in the premises provided:
(1) That the stand shall not be located closer than twenty
(20) feet to any street.
(2) That the stand is exclusively of wood frame type construction.
(3) That the accessory signs for advertising the permitted use
shall not exceed an aggregate square footage of 100 square
feet.
4.01.2
CONDITIONAL USES:
A. The following additional uses may be permitted subject to approved
Land Use Permit:
(1) Churches
(2) Schools, colleges
(3) Hotels
(4) Public utility buildings and structures
(5) General Hospitals
(6) Packing plants for whole agricultural products
4.01.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.01.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 30%
4.01.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 200 feet
4.01.6
MINIMUM FRONT YARD REQUIRED: 100 feet
4.ol.7
MINIMUM SIDE YARD REQUIRED: 20 feet
4.01.8
MINIMUM REAR YARD REQUIRED: 25 feet
4.oi.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 5 acres
4.01.10
- PARKING REQUIREMENTS: See Section 5.08
4.02 A3 "RESIDENTIAL AGRICULTURAL DISTRICT"
4.02.1
USES PERMITTED:
A. All uses permitted in E "Districts"
B. Crop and tree farming "
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C. tSmall livestock
EXCEPT: Commercial dairies, kennels, rabbits, fish and frogs
production; production of poultry, pigeons and other
fowl; slaughtering, dressing and sale of these products
if produced, raised or fattened on the premises.
D. Single-family dwellings, detached guest cottages and employees
quarters, all of a permanent character placed in permanent locations.
E. Accessory buildings, structures and uses necessary for the operat-
ion of a permitted use.
I I:
F. Temporary stands for the sale of agricultural or farming
products grown or produced on the premises provided:
(1) That the stand shall not be located closer than twenty (20)
feet to any street.
(2) That the stand is exclusively of wood frame type construction.
(3) That the accessory signs for advertising the permitted use
shall not exceed an aggregate square footage of 100 square
feet.
G. Recreational or amusement enterprises operated privately or
publicly, commercially or non -commercially �o include swimming
pools, golf courses, polo fields, tennis courts and country clubs.
4.02.2
CONDITIONAL USES:
A. The following additional uses may be permitted subject to approved
Land Use Permit:
(1) Churches
-(2) Schools, colleges, public and parochial
(3) Hotels
(4) Public utility buildings and structures
(5) General Hospitals
(6) Apiaries
4.02.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.02.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 40%
4.02.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 160 feet
4.02.6
MINIMUM FRONT YARD REQUIRED: 100 feet
40'02.7
MINIMUM SIDE YARD REQUIRED: 20 feet
4.02.8
MINIMUM REAR YARD REQUIRED: 25 feet
4.02.9
MINIMUM IAT AREA: Over 1 acre (public utilities excepted)
4.02.10
PARKING REQUIREMENTS: See Section 5.08
4.03 E1 "LARGE
ESTATE DISTRICT"
4.03.1
USES PERMITTED:
A. Single-family dwellings, detached guest houses, all of a permanent
character and placed in permanent locations.
B. Crop and tree farming, vitaculture.
C. Horses limited to two (2) per acre.
D. Home occupations, offices and studios provided no advertising
sign, merchandise, products or other material is displayed for
advertising purposes.
E. Accessory buildings and structures common to estate living to
4.o4
include swimming pools.
4.03.2 CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved Land Use Permit:
(1) Churches
(2) Schools, colleges, public and parochial
(3) Public utility buildings and structures
4.03.3 MAXIMUM BUILDING HEIGHT: 35 feet
4.03.4 MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 40%
4.03.5 MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 150 feet
4.03.6 MINIMUM FRONT YARD REQUIRED: 60 feet
4.03.7 MINIMUM SIDE YARD REQUIRED: 20 feet
4.03.8 MINIMUM REAR YARD REQUIRED: 40 feet
4.03.9 MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 1 acre
4.03.10 PARKING REQUIREMENTS: See Section 5.08
E2 ^MEDIUM ESTATE DISTRICT"
4.04.1 USES PERMITTED:
A. Single-family dwellings, detached guest houses, all of a
permanent character and placed in permanent locations.
B. Crop and tree farming, vitaculture.
C. Horses, limited to one (1) per lot.
D. Home occupations, offices and studios providedno advertising
sign, merchandise, products or other material is displayed for
advertising purposes.
E. Accessory buildings and structures common to estate type living
to include swimming pools.
4.04.2 CONDITIONAL USES:
A. The following additional uses may be permitted subject to approved
)Land Use Permit:
(1) Churches
(2) Schools, c000eges, public and parochial
(3) Public utility buildings and structures
4.04.3 MAXIMUM BUILDING HEIGHT: 35 feet
4.04.4 MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 40%
4.04.5 MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 100 feet
4.04.6 MINIMUM FRONT YARD REQUIRED: 50 feet '
4.04.7 MINIMUM SIDE YARD REQUIRED: 10 feet
4.04.8 MINIMUM REAR YARD REQUIRED:- 40 feet
4.04.9 MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 20,000 square feet
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1..
4.04.10
PARKING REQUIREMENTS: See Section 5.08
4.05 E3 "SMALL
ESTATE DISTRICT"
4.05.1
USES PERMITTED:
A. Single-family dwellings, detached guest houses, all of a permanent
character and placed in permanent locations.
B. Crop and tree farming, vitaculture.
C. Home occupations, offices and studios provided no advertising
sign, merchandise, products or other material is displayed for
advertising purposes.
D. Accessory. -buildings and structures common tp estate type living
>>
to include swimming pools.
4.05.2
CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved Land Use Permit:
(1) Churches
(8) Schools, colleges, public and parochial
(3) Public utility buildings and structures
4.05.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.05.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 40%
4.05.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 100 feet
4.05.6
MINIMUM FRONT YARD REQUIRED: 35 feet
4.05.7
MINIMUM SIDE YARD REQUIRED: 10 feet
4.05.8
MINIMUM REAR YARD REQUIRED: 25 feet
4.05.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 15,000 square feet
4.05.10
PARKING REQUIREMENTS: See Section 5.08
4.06 E4 "HILLSIDE ESTATE DISTRICT"
4.06.1
USES PERMITTED.
A. Single-family dwellings.
B. Crop and tree farming, vitaculture.
_
C. Home occuptLtions, offices and studios providedno advertising
sign, merchandise, products or other material is displayed for
advertising purposes.
D. Accessory buildings and structures common to estate type living
to include swimming pools.
4.06.2
CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved Land Use Permit:
(1) Churches
(2) Schools, colleges, public and parochial
(3) Public utility buildings and structures'
4.06.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.06.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 40%
4.06.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 90 feet
4.06.6
MINIMUM FRONT YARD REQUIRED: 25 feet
4.06.7
MINIMUM SIDE YARD REQUIRED: 10 feet
4.06.8
MINIMUM REAR YARD REQUIRED: 25 feet
4.06.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 10,000 square feet
4.06.10
PARKING REQUIREMENTS: See Section '5.08
4.07
R1 "SINGLE FAMILY DISTRICT"
4.07.1
USES PERMITTED:
A. Single-family dwellings.
B. Accessory uses and buildings normally incidental to uses permitted.
C. Home occupations, offices andstudios provided no advertising
sign, merchandise, products or other material is displayedfor
advertising purposes.
4.07.2
CONDITIONAL USES: ._. _. ._....
A. The following additional_ uses,may_be_ permitted subject to
approved Land Use Permit:
(1) Churches
(2) Schools, colleges, public and parochial
(3) Public utility buildings and structtr6s
4.07.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.07.4
MAK= LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 50%
4.07.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 60 feet
4.07.6
MINIMUM FRONT YARD REQUIRED: 20 feet
4.07.7
MINIMUM SIDE YARD REQUIRED: 10 feet on corner side, otherwise, 5 ft.
4.07.8
MINIMUM REAR YARD REQUIRED: 25 feet
4.07.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 7,200 square feet
4.07.10
PARKING REQUIREMENTS: See Section 5.08
4.08
R2 "TWO-FAMILY DISTRICT"
4.08.1
USES PERMITTED:
A. Single-family dwelling, duplexes (single structure), second
single family dwelling.
B. Accessory uses and buildings normally incidental to uses permitted.
1.L
4.08.2
CONDITIONAL USES:
A. The following additonal uses may be permitted subject to approved
Land Use Permit:
(1) Churches
(2) Schools, colleges, public and parochial
(3) Public utility buildings and structures
4.08.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.08.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 6o%
4.08.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 60feet
4.08.6
MINIMUM FRONT YARD REQUIRED: 20 feet
4.08.E
MINIMUM SIDE YARD REQUIRED: 10 feet on corner side, otherwise 5 feet
4.08.8
MINIMUM REAR YARD REQUIRED: 25 feet
4.08.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 7,200 square feet
4.08.10
PARKING REQUIREMENTS: See Section 5.08
4.09 R2-H -TWO-FAMILY
RESIDENTIAL MISSION" DISTRICT
4.09.1
USES PERMITTED.
A. Single -family dwellings, duplexes (single structure), second
single -family dwelling.
B. Accessory uses andbuildings normally incidental to uses permitted.
NOTE: ALL PERMITTED USES subject to architectural control
established in Section 9.
4.09.2
CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved Land Use Permit:
(1) Churches
(2) Schools, colleges, public and parochial
(3) Public andnon-profit recreational uses -
NOTE: Building configuration will be approved by Archi-
tectural Board of Review prior to Planning Commission
action.
4.09.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.09.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 60;8
4.09.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 60 feet
4.09.6
MINIMUM FRONT YARD REQUIRED: 20 feet
4.09.7
MINIMUM SIDE YARD REQUIRED: 10 feet on corner side, otherwise 5 feet.
4.09.8
MINIMUM REAR YARD REQUIRED: 25 feet
4.09.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 7,200 square feet
4.09.10
PARKING REQUIREMENTS: See Section 5.08 '
4.10 R3 "MULTIPLE FAMILY AND APARTMENT: DISTRICT (SUBURBAN)
4.10.1
USES PERMITTED:
A. Apartment houses
B. Apartment groups of minimum of 3 units per building
C. Single family dwelling, duplex, triplex, multiple family units.
D. Accessory uses and buildings normally incidental to uses permitted.
4.10.2
CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved Land. Use Permit:
(1) Churches
(2) Schools, colleges, public and parochial
(3) Public and non-profit recreational uses
4.10.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.10.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 60%
4.10.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 60 feet
4.10.6
MINIMUM FRONT YARD REQUIRED: 20 feet
4.10.7
MINIMUM SIDE YARD REQUIRED: 10 feet on corner side, otherwise 5 feet
4.10.8
MINIMUM REAR YARD REQUIRED: 25 feet
4.10.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 10,000 square feet
4.10.10
PARKING REQUIREMENTS: See Section 5.08
4.11 R4 "MULTIPLE FAMILY AND APARTMENT" DISTRICT
4.11.1
USES. PE RMITTED: -
A. Apartment houses
B. Apartment groups of minimum of 3 units per building
C. Single family dwelling, duplex, triplex, multiple family units
D. Hotels, motels, rooming and boarding houses
E. Accessory uses and buildings normally incidental to uses permitted
4.1-1.2
CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved Land Use Permit:
(1) Churches
(2) Schools, colleges, public and parochial
(3) Accessory uses to hotels, motels, which include such uses as
bars, restaurants and convenience shops catering to guests,
provided that such accessory uses open off a court or' lobby
of the main use without direct access to a public street
4.11.3
MAXIMUM BUILDING HEIGHT: 35 feet
A. Five (5) copies of final site plans will be submitted to the Site
Plan Review Committee and shall be approved by the Committee prior
to issuance of building permits.
B. Five (5) copies of Conditions, Covenants and Restrictions, CCAR's,
will be submitted with Final Site Plans and shall be approved by
the City Attorney as to form prior to release of site plans.
�r
2:
4.11.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 80%
4.11.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 100 feet
4.11.6
MINIMUM FRONT YARD REQUIRED: 10 feet
4.11.?
MINIMUM SIDE YARD REQUIRED: 5 feet
4.11.8
MINIMUM REAR YARD REQUIRED: 15 feet
4.11.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 12,000 square feet
4.11.10
PARKING REQUIREMENTS: See Section 5.09
4.12 PD "PLANNED DEVELOPMENT DISTRICT'
4.12.1
USES PERMITTED:
A. Those residential uses embracing concept ofgcondominium as defined
by Section 783, State Civil Code to include garden apartments,
cluster apartments, homes and bungalow courts
B. All uses permitted in Rl, R2 and R3 Districts subject to
restrictions of this District
C. Accessory uses and buildings normally incidental to uses permitted
under the Planned Development concept
4.12.2
CONDITIONAL USES:
A. The following additional uses may be permitted subject to approved
Land Use Permit:
(a) Senior citizen developments, rest homes and homes for the aged
4.12.3
MAXIMUM BUILDING HEIGHT: 35 feet -
4.12.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 40%
4.12.5
MINIMUM FRONT, SIDE AND REAR YARD REQUIREMENTS:
A. When a building is adjacent to property held in,common, no front,
side or rear yard is required but no building shall be closer
than fifteen (15) feet to any adjacent building.
B. When a building is adjacent to a private or public street, no
building shall be closer than ten (10) feet to any private
street or twenty (20) feet to any public street.
C. When a building is adjacent to private property, no building
shall be closer than fifteen (15) feet to any private property line.
4.12.6
DEVELOPMENT PROCEDURES:
A. Five (5) copies of final site plans will be submitted to the Site
Plan Review Committee and shall be approved by the Committee prior
to issuance of building permits.
B. Five (5) copies of Conditions, Covenants and Restrictions, CCAR's,
will be submitted with Final Site Plans and shall be approved by
the City Attorney as to form prior to release of site plans.
4.12.7 FEES:
A.
Applicant shall be required to pay a fee of $2.00 per gross acre,
but in no case less than $2$.00 for the processing of all site plans.
4.12.8 FINAL SITE PLANS:
A.
Final Site Plans are to include detailed architectural drawings
and plot plans to a workable scale to show;
(1) Elevations and locations of proposed buildings
(2) Location and type of landscaping
(3) Off street parking for visitors j
(4) Trash and garbage area 11
(5) Physical features to include such items as fire, electri-
city and telephone facilities
(6) Use and treatment of the common area
(7) Location and type fences, flood light and signs
(8) Proposed sidewalks and driveways
(9) Grading and drainage plans
(10) Sewage facilities
(11) Water facilities
(12) Any other item determined pertinent by the Site Plan Review
Committee
4.12.9 DEVELOPMENT STANDARDS:
A.
The development will be so buffered andfencedto separate it
from other use areas. Buffer area will be designatedon final
-
site plans.
B.
Landscaping for common areas approved as part of final site plans
must have a method for perpetuating maintenance of the area.
C.
Trash and garpage areas shall be screened and adequate access to
pand from these areas shall be provided. {
D.
Plans and specifications for private streets will be approved
by the City Engineer. Public streets shall be constructed to
City Standards and dedicated to the City.
E.
Dwellings and accessory buildings and structures shall provide a
non -monotonous orientation so as to provide a separation of
vehicplar traffic and play areas and recreational areas for the
inhabitants.
F.
Off street parking -will be landscaped with a buffer, either wall,
bush, or shrub, to provide a screen from the s�idents view.
1.9
G. Open area is all of the area not covered, excepting public streets.
H. All utilities shall be underground.
I. All points of vehicular access to and from off-street parking
areas and driveways onto streets shall be approved by the City
Engineer. Whenever private streets enter onto public streets,
a stop signal shall be erected and maintained at such exit point
and access to subject private streets shall be waived to the City.
4.13 PC "PLANNED COMMUNITY" DISTRICT
4.13.1 PURPOSE:
A. The purpose of this District is to encourage, preserve and improve
the health, safety and general welfare of the people residing
within the Community being developed by encouraging,, the use of
contemporary land planning principles and coordinate community
design.
B. The Planned Community District is hereby created in recognition
of the economic and cultural advantages that will accrue to the
residents of a planned. community of sufficient size to provide
related area for various housing types; retail and service
aetivities; industrial operations; recreation, school, public
facilities; and other uses of land. The specifications of this
district are designed to permit the adoption of a comprehensive
general plan for, and the subsequent development of, property
for residential, commercial or industrial use, single or in any
multiple combination, in accordance therewith. The provisions
of this District are intended to allow diversification of uses,
relationships and heights of buildings and open space in planned
building groups while insuring compliance with the spirit, intent
and other provisions of the zoking ordinance.
4.13.2 MINIMUM PC AREA:
A. To be reclassified to the PC District an area shall be of suffi-
cient acreage to be suitable for development as described in the
"Purpose" hereinabove. Furthermore, said area shall be under
single ownership or controlled by a single entity at the time of
application and until the effective date of the ordinance approv-
ing the proposed General Plan of Development.
B. Contiguous land may be added to an existing PC District provided
said land is made a part of General Plan of Development as herein-
after provided. Contiguous shall mean having a common boundary
with the property to which it is to be added or shall mean that
the property is so physically located that in the opinion of the
City Council, after review of a favorable or unfavorable recom-
mendation by the Planning Commission, said additional area bears
a significant relationship to the approved and adopted General
Plan of Development. -
4.13.3 - PROCEDURE FOR RECLASSIFICATION TO PC "DISTRICT"
A. The applicant for reclassification to a PC District shall, prior
to acceptance of his petition by the Planning Commission, submit
a General Plan of Development. This shall be in addition to normal
reclassification procedures as in this ordinance set forth. Said
General Plan of Development shall consist of maps, descriptive
statements of objectives, principles, and standards usedin its
formulation, and shall include the following components:
(1) Land Use Component
(2) Circulation Component
(3) Population Component
(4) Subdivision Design Component
(5) Services and Facilities Component
4.13.4 LAND USE COMPONENT:
A. A land use component shall consist of a map or maps setting forth
the distribution, general location and extent of the areas of
land ,devoted to each category of land use proposed as part of
the General Plan of Development. For example, the land use map
might include such designations as single-family residential,
two-family residential, three or more family residential, mixed
types of redidential,-neikhborhood retail shopping facilities,
dcommunity retail shopping facilities, regional retail shoppipg
facilities; office facilities, service facilities; whalesale
or goods distribution facilities; general types of industrial
facilities; education, religious, recreation, public andsemi-
public facilities; or other categories of public or private uses
of land if such uses are then specifically contemplated by the
applicant. Said component shall also contain a descriptive state-
ment of objectives, principles and standards usedfor its formulation.
4.13.5 CIRCULATION COMPONENT:
A. A circulation component shall consist of a -map or maps,setting
forth the general locations and width of primary traffic carrying
41
thoroughfares and extent of all transportation facilities proposed
as part of the General Plan of Development. This component shall
include typical sections of the various thoroughfares proposed
and indicating width of right-of-ways, width of improvements,
width of traveling and parking lands, basic design criteria and
traffic carrying capacities of said streets. For example, the
circulation component might include such circulation facilities
as primary traffic thoroughfares, computer stations, heliports,
air fields; the delineation of such facilities and such other
matters as may be related to the provisions for the circulation
4
of traffic within the planned community shall be delineated on a
map; provided, however, that such delineation may be shown as
part of the landusemap. Nothing herein is to be construed as
to require the delineation of local streets on the circulation
component since such streets are subject to subdivision orient-
ation as related to topography. Said component shall also contain
a descriptive statement of objectives, principles and standards
used for its formulation. All major, primary and secondary street
networks shall be in conformance with County street and highway
program as approved by the City of San Juan Capistrano.
4.13.6 POPULATION COMPONENT:
A. A population component shall contain a descriptive statement of
the standards of population density for the various proposed
residential land uses., The supporting data shall include but not
be limited to dwelling (housing) units per acre for the various
residential uses proposed.
4.13.7 SUBDMSION DESIGN COMPONENT:
A. A subdivision design component shall contain a descriptive state-
ment of the principles proposed to be used in the subdivision of
I
land or including lot sizes and yield per acre for the various
proposed residential land uses. Said statement of principles
governing the proposed subdivision of land refers to the type of
subdivision design to be employed such as the use of side -on and
back-up treatments to major thoroughfares; the use of T inter-
sections throughout the local street network wherever possible and
limited access on primary arterials. Nothing herein is to be
construed as requiring tentative tract maps prior to the submission
of site plans as referred to in the Section captioned "Final Site
Plans" of this ordinance.
4.13.8 SERVICES AND FACILITIES COMPONENT:
A. A services and facilities component shall contain a map or maps
setting forth the general location and extent of any andall
existing and proposed trunk systems for sewerage and domestic water
supply; major drainage facilities; and any rights -o£ -way, easements,
facilities and appurtenances necessary therefor. Said component
shall also contain a descriptive statement setting forth principles,;
standards and design criteria used for its formulation, as well as
a detailed statement describing the proposed ownership, method
of operation, and maintenance of each such service and facility.
4.13.9 ADDITIONAL COMPONENTS.-
A.
OMPONENTS:A. The General Plan of Development may include any additional com-
ponents considered necessary by the applicant for the physical
development of the project or to aid in evaluating the impast and
effect on other existing or proposed facilities and services of
the City.
4.13.10 MAPS AND REPORTS:
A. The General Plan of Development shall include supporting maps
:drawn to scale, diagrams, charts, descriptions, reports and
explanation of methods utilized,*nits formulation. Said maps,
diagrams, descriptive matters and reports shall be the basis
which paragraph 4.13.14 A (1), this Section, captioned "Final Site
Plans" shall be evaluated and approved since nothing herein related
to those components of the General Plan of Development shall be
construed to result in the exact and precise dimension and location
of each category of land, use, the exact alignment of streets, trunk
sewer and water lines, major drainage facilities, etc., but shall
be appraximations only.
4.13.11 METHOD OF ADOPTION OF THE GENERAL PLAN OF DEVELOPMENT:
A. Public notification of the hearing on the General Plan of Develop-
ment shall be incorporatedinto the notice of proposed reclassifi-
cation as required in this ordinance relative to the reclassification
of property, i.e., a change of zone.
B. Action by the Planning Commission and City Council on the request
for reclassification may be -concurrent with but shall not precede
the adoption of the entire General Plan of Development..Said plan
!J1
N Y
as presented shall be approved, modified, conditionally approved
or rejected in part or in its entirety by the Planning Commission
and City Council.
4.13.12 RECORDATION OF ORDINANCE ADOPTING GENERAL PLAN OF DEVELOPMENT:
A. The ordinance approving andadopting the General Plan of Develop-
ment, after its approval and adoption as provided herein, along
with all conditions of approval imposed thereon shall be recorded
in the Office of the Orange County Recorder and all development
within the planned community shall substantially comply therewith,
unless said General Plan of Development is amended as provided
herein.
4.13.13 METHOD OF AMENDMENT OF GENERAL PLAN OF DEVELOPMENT:
A. Any amendment of the adopted General Plan of Development shall
proceed as outlined in paragraph 4.13.11, captioned "Method of
Adoption of the General Plan of Development", The ordinance
amending a General Plan of Development shall be recordedas
provided in that paragraph captioned "Recordation of Ordinance
Adopting General Plan of Development".
4.13.14 FINAL SITE PLANS:
A. Prior to the issuance of a building permit or other official
evidence of authority for use of the area covered by the General
Plan of Development, there shall be submitted to the City Adminis-
trator five (5) complete and final site plans for each phase or
portion thereof for which buildingspermits are requested. Each
site plan shall include refinements of all pertinent data required
as part of the General Plan of Development including but not
limited to:
(1) Locational map drawn to the same scale as the map of the
adopted General Plan of Development relating site planato
the approved General Plan of Development. Said locational
map shall include a legal description of the property upon
which the Final Site Plan is filed.
(2) Placement of all structures.
(3) Identification of the use of each structure.
(4) Provision for of£_street parking, vehicle storage, internal
circulation.
(5) Extent and type of landscaping proposed in any non-residential
I area except Garden Apartment Developments.
24
(6) Topographic Map.
(7) An on-site grading plan showing the nature and extent of
cut and fill, degree of soil compaction and related drainage
pattern and engineering data.
(8) Pad size and dimension of level usable lot area of hillside
lots, if any.
(9) Plans and specifications for the improvement of dedicated
public streets, public highways and public alleys. (Note:
All streets proposed to be dedicated shall be in accordance
with City Standards)
(10) Plans and specifications for dedicated facilities for
drainage.
(ll) Plans and specifications for distribution andservice lines
for domestic water supply to each lot, or building site;
wells or other source of supply, reservoirs, pumping stations;
and, if a private facility, a proposed agreement with the
City Council to assure continued operation and. maintenance.
(12) Plans and specifications for sewerage facilities, including
main and secondary collection lines and stub -ins from the
secondary collection of lines to the property line of each
potential lot, or building site; treatment plants and pump-
ing stations; andif a private facility, a proposed agreement
with the City Council to assure continued operation and
maintenance.
(13) Type, placement and number of street name signs and traffic
safety signs on private streets.
(14) Type, placement and, number of streets, highway and alley
lighting devices on private streets.
(15) Type of fencing along any lot or site abutting a river,
creek, open storm drain, lake or other works.
4.13.15 FINAL SITE PLAN PROCESSING FEE:
A. The applicant shall be. required to pay a fee of $2.00 per gross
acre, but in no case less than $25.00, for the processing of any
and all "non-residential" site plans.
4.13.16 APPROVAL OF FINAL SITE PLANS:
A. Upon receipt of Final Site Plans as set forth in paragraph 4.13.14
above, the City Administrator shall submit a copy of said Site
25
Plans to the Site Plan Review Committee as appointed by the
City Council for their review in order to ascertain whether or
not said plans are in substantial conformity with the General
Plan of Development approvedin accordance with the provisions
of this ordinance.
4.13.17 CONFLICT WITH CITY ORDINANCES:
A. In the event of conflict between a clearly specified detail of
the adopted General Plan of Development and other ordinances of
the City of San Juan Capistrano, then the provisions of this
ordinance and the ordinance adopting the 49ral Plan of Develop-
ment enacted by the City Council shall govern.
4.13.18 EFFECT OF NINIMUM AREA REQUIREMENT ON CONVEYED LOTS OR BUILDING SITES:
A. In the event any real property, be it land or air space, in the
adopted General Plan of Development is conveyed in total or in
part after adoption of said. General Plan of Development, so long
as the property remains zoned PC, the buyers thereof shall be
bound by the provisions of this ordinance and the adopted General
Plan of Development. However, nothing herein shall be construed
to create non -conforming lots, building sites, buildings, or uses
by virtue of any such conveyance of lot building site, building
or part of the development created in conformance with said Plan.
Subsequent structural additions or alterations may be made pro-
vided the provisions of this ordinance and other applicable City
ordinances are adhered. to.
4.13.19 SUBDIVISION OF TERRITORY OF GENERAL PLAN OF DEVELOPMENT:
A. In the event the subdivision of all or part of the territory
within the boundaries of the adopted and recorded. General Plan
of Development is proposed or required by the City Subdivision
Ordinance, the provisions of paragraph 4.13.14 A, captioned "Final
Site Plans", may be excluded provided they are required by and
submitted as part of the subdivision procedures as required by
the subdivision regulations of the City.
4.13.20 EXEMPTION FROM CONTROL OF OTHER CITY ORDINANCES:
A. Since developments of the scope allowed by this District are so
uncomon; and in view of the purpose of this District, the follow-
ing provisions shall control andtake precedence over this ordinance
andany other City ordinance to the contrary-
w'26
(1) Connection to City Water Lines or Alternative.
Dedication of Water System.
(a) Except as provided in paragraph (b) below, the then
owner of any property zonedPCmay be required to
connect to any water system or facilities designated
by the City and may be required to dedicate said water
system or facilities thereto. In such case the water
system and water facilities shall be constructed to
the specifications of the City.
(b) If, prior to the request for a building permit, the
property sought to be improved is *Min a then
existing improvement district which will operate and
maintain the water facilities on the property sought
to be improved., then and in that event, the provisions
of paragraph (a) above shall not apply. In any such
case the water system and water facilities shall be
constructed to the specifications of the applicable
improvement district.
(2) Connection to City Sewers or Alternative. Dedication
of Sewer:
(a) Except as provided for in paragraph (b) below, the
then owner of property zoned PD may be required to
connect to any sewer system or facilities designated.
by the City andmay be required to dedicate said
sewer system or facilities thereto. In such case,
the sewer system and sewer facilities shall be con-
structed to the specifications of the City.
(b) If, prior to the request for a building permit, the
tproperty sought to be improved is within a then
existing improvement district which will operate
and maintain the sewer facilities on the property
sought to be improved, then and in that event, the
provision of (a) above shall not apply. In such
case, the sewer system and sewer facilities shall be
constructedto the specifications of the applicable
improvement district.
(9) Street Width, Local Public Streets:
!"'27
(a) The minimum width of local streets may be less than
that set forth in the current Subdivision regulat-
ions of the City if the proposed deviation in street
width has been set forth in the Circulation Component
of the General Plan of Development and has been
approvedas part of said General Plan.
(4) Private Streets:
(a) Streets which are intended to be kept continuously
closed to public travel and at all times postedas
private streets, may be considered private streets
and may be so shown as such upon a final map of
subdivision provided the owner of said streets has
adequately provided for their construction, operation
and maintenance. All private streets shall be con-
structedto a standardapproved by the City Engineer
if said streets are to be subsequently accepted by
the City as public streets.
($) Cul-de-sac Length:
(a) The length of a cul-de-sac street may exceedthat
maximum length set forth in the current Subdivision
regulations of the City of San Juan Capistrano,
provided.:
/1/ Through property.easements are provided to
allow the looping ofdomestic water andsewer
lines; andthrough property easements to the
nearest accessible street are provided sufficient
for the movement of public safety vehicles on
instant demand and such vehicular route is so
maintained as to remain passable at all times; or
/2/ Topographic conditions are such as to preclude
requirements set forth in paragraph /1/ above,
but the subdivision of a particular area cannot,
for all intent and purposes, be accomplished
without the use of cul-de-sac in excess of
five hundred ($00) feet; and
/3/ In no case shall the cul-de-sac be in excess
of thirteen hundred (1300) feet.
/4/ The street of that portion of the cul-de-sac
in excess of five hundred (500) feet, and turn-
around., shall be approved by the City Engineer,
unless otherwise set forth in Circulation
Component of Approved General Plan of
Development, to a standard permitting adequate
movement of emergency vehicles.
(6) Minimum Lot Area and/or Lot Width and/or Lot Depth:
(a) The maximum lot area and/or lot width and./or lot
depth in residential, commercial andindustrial
subdivision may be reduced from what is set forth
in this ordinance and current subdivision regula-
tions of the City provided that said lot area, lot
width and lot depth are shown on a subdivision map
and are in conformance with the adopted. Circulation
Component, Subdivision Design Component and/or
Land Use Component of the adopted General Plan of
Development.
(7) Minimum Block Length:
(a) - The length of a block may exceed those limitations
set forth in the current subdivision regulations
of City provided topographic conditions warrant.
4.13.21. REGLASSIFICAT3AN FROM THE PC DISTRICT:
A. Any application for reclassification from the PC (District to
any other district contained within this ordinance or hereafter
enactedshall be deemed and construed to be a proposedamend-
ment to the adopted General Plan of Development. Said appli-
cation shall be processed. as prescribed in paragraph 4.13.13 A,
said paragraph captioned "Method of Amendment of General Plan
of Development". If said application is approved by the City
Council, the ordinance amending or eliminating all or a part
of the adopted General Plan of Development shall be recorded
as prescribed in that paragraph 4.13.12 A, captioned "Recordation
of Ordinance Adopting General Plan of Development".
4.13.22 OPERATIONAL STANDARDS:
A. Commercial Uses:
(1) All items storedor offered for sale or all activities
shall be within an enclosed building except the following:
gr
(a) The pump islands of service stations
(b) Drive -In Restaurants
(c) Parking lots
M Nurseries
(e) Automobile, truck, tractor and boat sales (new h used)
(f) Outdoor recreational uses and sidewalk cafes
(g) Goods displayed in a recessed entryway if under the
natural eave line shall be sonsidered within a building
(h) Public utility electric distribution and transmission
substations }
(i) Advertising structures
(j) Flower stands
(k) Display signs
(1) Miniature golf courses
(m) Any other use which, in the opinion of the Site Plan
Review Committee, will not be contrary to the intent
of that particular commercial complex
(2) Any use permitted herein may be prohibited or denied by
reason of noise, odor, dust, smoke, steam, vibration or
electrical interference with adjacent residential home
accessories.
(3) There shall be no manufacturing, processing, compounding,
assembling or treatment of any material or product other
than that which is clearly and traditionally incidental to
a particular retail enterpaise, and where such goods are
sold on the promises.
(4) A concrete block wall not less than five (5) feet nor more
than six (6) feet in height shall be erected along any lot
line contiguous to any residential property. Said fence
requirement may be waived upon recommendation of the Site
Plan Review Committee when it shall be found that the abutting
residentially zoned property is in a period of transition
to commercial, professional or industrial usage or because
of other extenuating circumstances where said fence would
not promote the public health, welfare or safety.
B. Industrial Uses:
(1) Any activity permitted in this district shall be conducted in
30
such a manner as not to become obnoxious by reason of refuse
matter, noise, light, vibration, maintenance of grounds
or buildings or have a detrimental effect on permissible
adjacent uses.
(2) Outdoor storage of materials, products or equipment used,
produced or manufactured by a permitted use shall be located
only to the rear or side of the main building, and said
storage area shall be screened by a solid fence or wall
not less than six (6) feet in height.
(3) Any permitted use to be established on allot in the Ml
District, the rear or side lot line of which abutts
residential property shall require the erection and main-
tenance of a solid wall or fence not less than five (5)
nor more than six (6) feet in height along such rear
or side lot line.
(4) Public utility electric distribution and transmission sub-
stations shall be enclosed within a solid wall or chain
link fence not less than six (6) feet in height.
(5) Any person building, erecting, altering or replacing any
articler,. machine, equipment or other contrivance, the use
of which may cause the issuance of air contaminants, shall,
prior to issuance of a building permit present a written
statement from the Office of the Air Pollution Control
Officer, District of Orange County, to the Planning Commis-
sion stating that said use shall meet with the requirements
of their regulations.
(6) All major compounding, processing, packaging or assembly of
k articles or merchandise, and treatment of products, shall
be conducted within a completely enclosed building.
4.13.23 CLARIFICATION OF USES:
A. If any use is for any reason omitted from the information re-
quired in the adopted General Plan of Development, or if
ambiguity arises concerning the classification of a particular
use within the meaning and intent of this ordinance, it shall
be the duty of the City Administrator to ascertain all pertinent
facts concerning such use and determine if such proposed use is
consistent with the intent of the General Plan ofDevelopment
adopted by the City. If the City Administrator finds such pro-
posed use to be consistent with the intent of said General Plan,
4.13.24
31
such use shall he incorporated or included therein. I£
the City Administrator disapproves said use, the applicant may
appeal in writing to the City Planning Commission whose decision
shall be final, unless appealed to the City Council.
A. Since the PC District is unique in allowing a development of
a size and scope resulting in a community within a community
it is impossible to define herein provisions applicable to the
many ramifications of contemporary land development methods.
Therefore, authority is given to the City Administrator, as a
part of his administrative function, to determine the application
of the specific requirements to each specific Planned Community
Development provided that the public peace, health, safety and
welfare are secured and substantial justice done for all
parties concerned.
B. Where any question arises concerning an interpretation of the
provisions of this Section of this ordinance, the City Adminis-
trator, with advice of the City Attorney, shall determine in
writing solutions to each problem and this written solution
shall be presented to the City Council for ratification.
C. If ,the City Council takes no action on the report of the City
Administrator within twenty (20) working days, recommendations
of the City Administrator shall be considered approved. How-
ever, if it is the opinion of the City Administrator that the
problem or change in question is of such magnitude as to be a
change of policy of the City, then the City Administrator will
request the applicant to submit a request for amendment of the
adopted General Plan of Development.
D. All determinations made by the City Administrator shall be in
accordance with the purpose and intent of this ordinance. In
the event the applicant is dissatisfied with any decision of the
City Administrator, the applicant may appeal said decision to the
City Council within fifteen (1$) days of receipt of written
notice of such determination.
4.14 RP "RESIDENTIAL PROFESSIONAL DISTRICT"
4.14.1 USES PERMITTED:
A. All uses permitted in Rl, R2 and R3 districts in rn ination,
3w
with a professional use occupying the same building.
Catering establishments Professional offices
B. Professional uses to include:
(1) Accountants, architects, attorneys, doctors, dentists and
other state recognized medical practices.
(2) Engineers, interior decorators, insurance and real estate
brokers, planners,
(3) Photographer not engaged in sales.
(4) Business offices where no merchandising occurs.
(5) Accessory buildings normally incidental to permitted
residential and professional uses.
4.14,2
-
CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved Land Use Permit:
(1) Emergency clinics
(2) Ambulance services
4.14.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.14.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 6o%
4.14.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 60 feet
4.14.6
MINIMUM FRONT YARD REQUIRED: 20 feet
4.14.7
MINIMUM SIDE YARD REQUIRED: 5 feet
4.14.8
MINIMUM REAR YARD REQUIRED: 15 feet
4.14.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED. 7,200 square feet
4.14.10
PARKING REQUIREMENTS: See Section 5.08
4.15 C1 "LOCAL BUSINESS DISTRICT"
4.3;5.1
USES PERMITTED:
A. The following uses when conducted within a building:
Applicance shops Hotels and. motels
A¢ntique & curio shops Laundromats (coin operated)
Art goods & studios Liquor stores
Auto supplies Locksmiths
Banks Musical supply & instruments
Bakeries (retail only) News stands
Barber shops Notions & novelties
Beauty parlors Parking lots
Bicycle shops Pet shops (house pets only)
Business offices Photographic studios
Catering establishments Professional offices
J J
Cleaning agencies
Real estate offices
Clothes pressing
Restaurants
Department stores
Service stations
Drug stores
Shoe repair shops
Employment agencies
Stationery shops
Florists
Tailor shops
Grocery stores
Utility offices & exchanges
B. Other retail stores and businesses which are determinedto be
similar in character by the
Planning Commission:
4.15.2
CONDITIONAL USES:
A. The following additional uses may be permitted subject to approved
Land Use Permit:
Bowling alleys
Ice skating rinks
Cleaning establishments
Mortuaries
Conmercial swimming pools
Social halls & lodges
Fraternal organizations
Theaters
4.15.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.15.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 60%
4.15.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 60 feet
4.15.6
MINIMUM FRONT YARD REQUIRED: 20
feet
4.15.7
MINIMUM SIDE YARD REQUIRED:, 5
feet
4.15.8
MINIMUM REAR YARD REQUIRED: 25
feet
4.15.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 7,200 square feet
4.15.10
PARKING REQUIREMENTS: See Section 5.08
4.16 CI -H "LOCAL BUSINESS MISSION DISTRICT"
4.16.1
USES PERMITTED:
A. The following uses when conducted within a building:
Appliance shops
Hotels and motels
Antique & curio shops
Laundromats (coin operated)
Art goods & studios
Liquor stores
Banks
Musical supply & instruments
Bakeries (retail only)
News stands
Barber shops
Notions and novelties
Beauty parlors
Parking lots
Business offices
Pet shops (house pets only)
Catering establishments
Photographic studios
Cleaning agencies
Professional offices
34
Clothes pressing Real estate offices
Department stores Restaurants
Drug stores Shoe shops
Employment agencies Tailor shops
Florists Utility offices & exchanges
Grocery stores
B. Other retail and businesses which are determined to be similar
in character or tourist orientated by Planning Commission action.
C. All uses in this district subject to Architectural Control
established by this ordinance.
4.16.2
CONDITIONAL USES:
A. The follAwing additional uses may be permitted subject to
approved Land Use Permit:
Bowling alleys Ice skating rinks
Cleaning establishments Social halls & lodges
Commercial swimming pools Theaters
Fraternal organizations
B. Building configuration shall be approved by the Architectural
Board of Review prior to Planning Commission action on applications.
4.16.3
MAXIMUM BUILDING HEIGHT: 35 feet
4.16.4
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 60%
4.16.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 60 feet
4.16.6
MINIMUM FRONT YARD REQUIRED: 20 feet
4.16.7
MINIMUM SIDE YARD REQUIRED: 5 feet
4.16.8
MINIMUM REAR YARD REQUIRED: 25 feet
4.16.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 7,200 square feet
4.16.10
PARKING REQUIREMENTS: See Section 5.08
4.17 C2 "GENERAL BUSINESS DISTRICT"
(PERMITTED:
4.17.1
USES
A. All uses permitted in Cl District plus the following general
or wholesale type businesses:
Amusement resorts Greenhouses
Arcades Laundries
Auction rooms Lumber yards w/ planing mills
Auto display rooms Machinery sales rooms
Auto laundries Mattress factories
Auto repair & storage Mortuaries
4.17.2
4.17.3
4.17.4
4.17.5
4.17.6
4.17.7
4.17.8
4.17.9
4.17.10
Auto sales (new & used.)
Bakeries
Boat sales
Body works
Bottling works
Bowling alleys
Building materials
Ceramics (under roof)
Cleaning establishments
Confectioner's supplies
Dyeing works
Electrical shops
Fountain supplies
Fhels&s£epd yards
Newspaper publishing
Nurseries & plant storage
Parking lots
Printing and bookbinding
Plumbing shops
Roofing establishments
Saddle & leather goods factories
Shooting galleries
Storage warehouses
Tire & batt4y shops
Transfer & trucking businesses
Upholstery shops
Veterinary hospitals (soundproof
building)
Glass shops
B. Other general or wholesale businesses which are determined to
be similar in character by the Planning Commission.
CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved land Use Permit:
Autb salvage Machine shops
Boat construction Ornamental iron works
Fraternal organizations Sheet metal shops
Impound yards Social halls & lodges
light manufacturing Stage depots
(motor power not in Yard construction and equipment
excess of an aggre- storage
gate of five (5)
horsepower)
MAXIMUM HEIGHT TT T: 35 feet
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 60%
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 60 feet
MINIMUM FRONT YARD REQUIRED: 20 feet
MINIMUM SIDE YARD REQUIRED: 5 feet
MINIMUM REAR YARD REQUIRED: 25 feet
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 7,200! square feet
PARKING REQUIREMENTS: See Section 5.08
35
`36
4.18 C2 -A -RESTRICTED GENERAL BUSINESS DISTRICT"
4.18.1 USES PERMITTED:
A. All uses permitted in Cl
District plus the following general
or wholesale type businesses:
Auction rooms
Laundries
Auto display rooms
Machinery sales rooms
Auto repair -& storage
Newspaper publishing
Auto sales (new & used.)
Painting & decorating shops
Boat sales (retail)
Plumbing shops
Bottling works
Printing & bookbinding
Ceramics (under roof)
Saddle & leathergoods factories
Cleaning establishments
Skating rinks
Confectioner's supplies
Storage warehouses
Dyeing works
Tire & Battery shops
Electric shops
Transfer businesses
Greenhouses
Upholstery shops
B. Other general or wholesale businesses which are determined to
be similar in character by the Planning Commission.
4.18.2 CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved Land Use Permit:
Boat construction Machine shops
Bowling alleys Ornamental iron works
Light manufacturing Sheet metal shops
(Motor power not in Social halls & lodges
excess or an aggregate Veterinary hospitals (soundproof
of five (5) horsepower) building)
4.18.3 MAXI" HEIGHT LIMIT: 35 feet
4.18.4 MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 60%
4.18.5 MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 60 feet
4.18.6 MINIMUM FRONT YARD REQUIRED: 20 feet
4.18.7 MINIMUM SIDE YARD REQUIRED; 5 feet
4.18.8 MINIMUM REAR YARD REQUIRED: 25 feet
4.18.9 MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 7,200 square feet
4.18.10 DEVELOPMENT PROCEDURES:
A. Final site plans will be approved by the Planning Commission
prior to issuance of a building permit.
31
B.
Five (5) copeis of final site plans to include detailed archi-
tectural drawings and plot plans to a workable scale to show
the following shall be submitted:
(1) Elevations and locations of proposed buildings.
(2) Location and type of landscaping.
(3) Off-street parking and loading and unloading areas.
(4) Trash and garbage area.
(5) Location and type fences, flood lights and signs.
(6) Proposed sidewalks and. driveways.
(7) Grading and drainage plans. k
4.18.11 PARKING REQUIREMENTS: See Section 5.08
4.18.12 DEVELOPMENT STANDARDS:
A.
All storage areas shall be completely enclosed.
B.
All structures within the district (except signs, trim and minor
architectural features) shall be constructed of ceramics,
masonry, concrete, wood frame and stucco, metal frame and
stucco, or other similar materials or architectural panels.
C.
Except for driveways, walkways, utility facilities andpermitted
signs, the open area shall be utilized for screen planting,
lawn area, trees, shrubs, and other feasible landscaping features.
4.19 C2-H "GENERAL BUSINESS MISSION DISTRICT"
4.19.1 USES
PERMITTED:
A.
All uses permitted in Cl District plus the following general
or wholesale type businesses:
Amusement resorts Glass shops
Arcades Machine sales rooms
Auto display rooms Newspaper publishing
Auto repair & storage Painting & decorating shops
Auto sales (new & used) Plumbing shops
Bottling works Printing & bookbinding
Ceramics (under roof) Roofing establishments
Cleaning establishments _ Saddle,& leather goods factories
Confectioner's supplies Storage warehouses
Dyeing works Tire & battery shops
Electrical shops Transfer & trucking businesses
B.
Other general or wholesale businesses which are determined to
be similar-ir character by the Planning Commission.
3E
C. All uses in this district subject to Architectural Control
established by this ordinance.
4.19.2 CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved Land Use Permit:
Auction rooms Light manufacturing (Motor
Bowling alleys power not in excess of an
Commercial swimming pools aggregate of five (5) horsepower)
Fraternal organizations
Ice skating rinks
B. Building configuration shall be approved by the Architectural
Board of Review prior to Planning Commission action on
applibations.
-- 4.19.3
MAXIMUM HEIGHT 'LIMIT: 35 feet
4.19.4-
MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 60%
4.19.5
MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 60 feet
4.19.6
MINIMUM FRONT YARD REQUIRED: 20 feet
4.19.7
MINIMUM SIDE YARD REQUIRED: 5 feet
4.19.8
MINIMUM REAR YARD REQUIRED: 28 feet
4.19.9
MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 7,200 square feet
4.19.10
PARKING REQUIREMENTS: See Section 5.08
4.20 ML "LIMITED MANUFACTURING AND RESEARCH DISTRICT"
4.20.1 USES PERMITTED:'
A. Manufacturing, assembly, testing and repair of components,
devices equipment and systems of electrical, electronic, or
electromechanical nautre such as, but not limited to:
(1) Coils, tubes, semi -conductions and similar components.
t(2) Metering instruments, equipment and systems.
(3) Phonographs and audio units.
(4) Radar, infra -red andultra violet equipment and systems.
(5) Scientific and mechanical instruments.
(6) Television and radio equipment and systems.
B. Research laboratories and facilities, development laboratories
and facilities, testing laboratories and facilities.
C. Pharmaceutical laboratories.
D. Accessory uses permitted as an adjunct to the main use:
(1) Administrative, professional and business offices.
(2) Cafeteria, cafe, restaurant, auditorium or recreational use.
(3) Single-family dwelling used exclusively by a superintendent,
watchman or custodian and his family.
4.20.2 CONDITIONAL USES:
A. The following additional uses may be permitted subject to
approved Land Use Permit:
(1) Assembly of merchandising items from bone, brass, cello-
pbane, fiber, fur, glass, iron, latex, lead, leather,
paint, paper, plastics, steel, tin, wood or yard.
(2) Compounding, processing, packaging or treatment of such
products as candy, cosmetics, food (except rendering and
refining of fats and. oils).
(3) Finished paper products manufacture.
(4) Furniture manufacturing, including upholstery.
(5) Garment manufactuve.
(6) Machine shops, (light non-ferrous metal).
(7) Small craft building.
(8) Toy and novelty manufacture.
B. Final site plans are to be approved by the Site Plan Review
Committee prior to Planning Commission action on applications.
4.20.3 MAXIMUM HEIGHT LIMIT: 35 feet
4.20.4 MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 40%
4.'$Q.% MINIMUMLLEGAL BUILDING SITE FRONTAGE REQUIRED: 150 feet
4.20.6 MINIMUM FRONT, SIDE AND REM YARDS REQUIRED:
A. When a building is fronting on a primary street, the required
front yard is 36 feet; fronting on a secondary street, the
required front yard is 28 feet; and fronting on a local street,
the required front yard is 20 feet.
B. When the side or rear of a building is adjacent to a residential
district, the requiredside or rear yard is 50 feet; adjacent
to a primary street, the required side or rear yard is 36 feet;
adjacent to secondary street, the required side or rear yard is
28 feet; and adjacent to a local street, the required side or
rear yard is 5 feet.
C. When the side or rear of a building is adjacent to a permitted
use other than residential, the required side or rear yard is
20 feet.
4G
4.20.7 MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 15,000 ssuare feet
4.20.8 DEVELOPMENT PROCEDURES:
A.
Final site plans will be submitted to the City Administrator
and be approved by the Site Plan Review Committee prior to
issuance of a building permit.
B.
Five (5) copies will be submitted to include detailed archi-
tectural drawings and plot plans to a workable scale to show:
(1) Elevations and locations of proposed buildings.
(2) Grading and drainage plans.
(3) Location andtype of landscaping.
(4) Method of trash and garbage disposal.
(5) Off-street parking, loading and unloading areas.
(6) Proposed sidewalks, driveways and fences.
(7) Utilities - above ground. adjuncts.
(8) Sewage facilities.
(9) Traffic analysis.
(10) Water facilities.
(11) Additional items necessary for Site Plan Review
Committee action. -
C.
Plans shall be approvedby the Air Pollution Control District
and the Fire Marshal prior to Site Plan Review Committee action.
4.20.9 STANDARDS:
A.
All structures in this district, except signs, trim and minor
architectural features, shall be constructed of ceramics, masonry,
concrete, wood frame and stucco, metal frame and stucco ordother
comparable materials.
B.
Electric and telephone utilities shall be placed underground. _
tThose necessary adjuncts above ground shall be approvedas part
,of final site plans and shall be screened by planting.
C.
Lights illuminating the grounds or building exteriors shall be
installed in such a manner as to confine direct rays to the
premises.
D.
Loading and unloading areas will be screened by a landscape or
architectural feature so as to be not visible from streets or
any abutting residential or commercial use.
E.
Permitted use will be so buffered and fenced to separate it from
other use areas. Buffer areas will be shown on final site plans.
.41
F. No equipment, machinery or facility shall be operated so as to
produce or generate vibration or noise perceptible without the
aid of instruments, to a person of ordinary normal sensibilities
at or beyond the boundary line of the building site.
G. No more than 40% of the front yard will be devoted to parking,
the remainder must be landscaped,
H. There shall be no rubbish or refuse incineration on the premises.
4,20.10 PARKING REQUIREMENTS: See Section 5.08
4.21 Ml "LIGHT INDUSTRIAL DISTRICT"
4.21.1 USES PERMITTED: 4
A. All uses permitted in the ML "District".
B. Compounding, processing, packaging or treatment of such products
as candy, cosmetics, food (except rendering and refining of
fats and oils).
C. Foundry casting (light weight non-ferrous metal).
D. Manufacture or assembly of merchandising items from bone, brass,
cloth, cellpphane, fiber, fur, glass, iron, latex, lead, leather,
paint, paper, plastics, steel, tin, wood or yarn.
E. Petroleum and gas storage,
F. Accessory uses permitted as an adjunct to the main use:
(1) Administrative, professional and business offices.
(2) Cafeteria, cafe, restaurant, auditorium or. recreational use.
(3) Single-family dwelling used exclusively by a superintendent,
watchman or custodian and his family.
4,21,2 ADDITIONAL USES:
A. Other light industrial uses may be permitted if such uses are
determined to be similar in character by the Planning Commission.
4.21.3 MAEIMW-H91GMT-LD9T: 35 feet
4.21.4 MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: 60%
4.21.5 MINIMUM LEGAL BUILDING SITE FRONTAGE REQUIRED: 150 feet
4,21.6 MINIMUM FRONT, SIDE AND REAR YARDS REQUIRED:
A. When a building is fronting on a primary street, the required
front yard is 36 feet; fronting on a secondary street, the
required front yard is 28 feet; and fronting on a local street,
the required front yard is 20 feet.
B. When the side or rear of a building is adjacent to a residential
district, the required side or rear yard is 50 feet; adjacent
to a primary street, the required side or rear yard is 36 feet;
4ti
' adjacent to a secondary street, the required side or rear yard
is 28 feet; and adjacent to a local street, the required side
and rear yard is 5 feet.
C. When the side or rear of a building is adjacent to a permitted
use other than residential, the required side or rear yard is
20 feet.
4.21.7 MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 15,000 square feet
4.ol.8 STANDARDS:
A. A permitted use shall not be of such a nature as to be, or become
obnoxious or offensive by reason of emission of oodor, dust,
smoke, noise, gas,fumes, cinders, vibration, refuse or water
carried wastes, as determined by the Building Department, Air
Pollution Control District and County Health Department.
B. A permitted use shll be so buffered and fenced to separate it from
other use districts.
C. Electric and telephone utilities shall be placed. underground.
D. Lights illuminating the grounds or building exteriors shall be
installed in such a manner as to confine direct rays to the
premises.
E. Not more than 40% of the front yard will be devotedto parking,
the remaining must be landscaped.
F. There shall benorubbish or refuse incineration on the premises.
4.21.9 PARKING REQUIREMENTS: See Section 5.08
4.22 PH "PARKS AND HIGHWAYS" DISTRICT
4.22.1 PURPOSE: To promote and preserve open . area in an otherwise
urban or semi -urban development to hold for future gener-
ations - Open spaces in which trees and plants shall be
t preserved.
4.22.2 USES PERMITTED:
A. Public and private recreational facilities.
B. Crop and tree farming.
C. Accessory structures incidental to the main use:
4.22.3 ADDITIONAL USES:
A. Other uses of similar character as determined by the Planning
Commission if such uses tendto uphold the purpose of this District.
4.22.4 MAXIMUM HEIGHT: 35 feet
4:.
4,22,5 MAXIMUM LEGAL BUILDING SITE COVERAGE BY ALL STRUCTURES: As
approved by the Planning Commission.
4.22.6 FRONT, SIDE.AND REAR YARDS: As approved by the Planning Co=5c ssion.
4,22.7 MINIMUM LEGAL BUILDING SITE AREA REQUIRED: 10,000 square feet
4.22.8 DEVELOPMENT PROCEDURES:
A. Final site plans shall be submitted to the Planning Commission
prior to issuance of a building permit.
B. Five (5) copies of final site plans to include detailed Archi-
tectural drawings and plot plans to a.workable scale to show
the following: d
-J (1) Elevations andlocations of proposed buildings.
(2) Location and type of landscaping.
(3) Off-street parking and loading and unloading areas.
(4) Trash and garbage area.
(5) Location and type fences, flood lights and. signs.
(6) Proposed sidewalks and driveways.
(7) Grading and drainage plans.
4.22.9 STANDARDS:- -
A. All storage areas shall be completely enclosed.
B. All utilities shall be underground.
C. Except for driveways, walkways, utility facilities, adjuncts
and permitted signs, the open area shall be utilized for screen
planting, lawn area, trees, shrubs, and..other feasible land-
scaping,features. - -
4,22.10 PARKING REQUIREMENTS: See Section 5.08
4.23 U1 "UNCLASSIFIED DISTRICT" -
4.23.1 PURPOSE: To create a holding District which permits the City to
control land use within said district until such time as the property
in said District is rezoned to a higher and better use.
4.23.2 USES PERMITTED: All uses permitted in Al "General Agricultural
District" and said uses subject to the regulations for the "General
Agricultural District".
4.23.3 CONDITIONAL USES: Any additional use of property shall be secured
through application for a Land Use Permit.
SECTION 5 - GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS
5.01.1 All regulations in Section 4 pertaining to the Districts established
in Section 3, are subject to the general provisions, conditions and
exceptions contained in this Section.
44
5.01.2 All uses listed in this paragraph, and all matters related directly
thereto are declared to be uses posing characteristics of such
unique and special form as to make impractical their inclusion in
any class of use set forth in the regulations of various districts
included in Section 4, PC District excepted, and therefore the
authority for and location of the operation of any of the following
uses shall be subject to the issuance of a Land Use Permit:
A. Airports and landing fields.
B. Cemetaries.
C. Amusement parks.
D. Circus or carnivals.
E. Mobilehome parks.
F. Open air theatersorDrive-In theaters.
G. The mining of matural resources, together with the necessary
buildings and appurtenances incidental thereto. -
H. Removals or deposits of earth, other than those in connection
with construction of buildings, roadways, or public improvements.
5.01.3 The minimum gross floor area for any dwelling unit within apartment
buildings, exclusive of garages, carports and unenclosed porches and
patios shall be as follows:
A. Studio apartment - 450 square feet
B. One -bedroom apartment - 650 square feet
C. Two-bedroom apartment - 800squarefeet
D. An additional 200 square feetrequired per additional bedroom
5.02.4 There shall be a distance of not less than ten (10) feet between
one-story main residential buildings on the same building site, or
fifteen (15)feet between main residential buildings, if one or the
otheif or both are two-story.
5.01.5 Public utility distribution and transmission line towers and poles
andunderground facilities for distribution of gas, water, telephone
and electricity shall be allowed in all districts without obtaining
a Land Use Permit provided that all routes andheights of proposed
electrical transmission systems, telephone main trunk cables from one
office to another, water and gas mains shall be locatedon conformance
with an adopted General Plan of Development for the applicable district,
or a General Plan adopted by the City, andsaid utilities are installed,
maintained and operated in accordance with the rules andregulations
of the State of California, Public Utilities Commission.
14U
5.01.6
Electrical substations, repeater stations, pumping stations or
similar public utility uses for servicing local needs, but not in-
cluding any other utility company's buildings, structures or yards,
may be allowed in any District if the plans for the proposed facility
and the location of the facility is approved by the Planning Commission.
5.02 BUILDING,
ACCESSORY
5.02.1
Attached accessory buildings shall be made structurally a part of
and have a common roof with the main building and shall comply in
all respects with the requirements of this ordinance applicable
to the main building. d
5.02.2
Detached accessory buildings may be located in the rear one-half of
any building site and may be built to one side of property line and
to the rear property line as wAll, subject to the following provisions:
A. They shall be located on the rear one-half of the building site
and at least six (6) feet from any dwelling existing or under
construction on the same building site and ten (10) feet from
any dwelling existing or under construction on any adjacent
building site.
B. They shall -not, in the case of a corner building site, project
beyond the front yard. required. or existing on the adjacent
building site. -.
C. They shall not be located. within five (5) feet of the rear
property line when adjacent to the front two-thirds of an
adjoining side .property line.
D. -.They, shall not be locatedwithin five (5) feet of any alley.
E. They shall, if garages, have not less than a minimum drive
clearance of twenty (20) feet if entrance is taken from an
alley. One-half of the width of any alley may be usedas drive
clearance. -
F. They shall not eexceed twenty (20) Feet in height.
5.02.3
Detached private garages may be built in the required front yard
of a building site subject to the following provisions:
A. When the slope of the front half of the building site is greater
than one (1) foot rise or fall in the horizontal run of four (4)
feet from the establishedstreet elevation at the front property
line.
B. When the average elevation of the front half of the building
site is more than four (4) feet above or below the established
46
elevation at the front property line.
C. When permitted, they shall be at least ten (10) feet from the
front property line.
D. When permitted, they shall be at least five (5) feet from the
interior side property line.
E. When permitted, they shall not exceed eight (8) feet in height
to the plate line, anda maximum of twelve (12) feet in height
including peak, rail or fence.
5.03 FENCES
5.03.1 Fences may be erected in all Residential and Commercial Districts
subject to the following provisions:
A. On interior building sites, no fence shall exceed six (6)
feet in height in any required rear or side yards.
H. No fence shall exceed three and one-half (3i) feet in height
in any required front yard or in the required side yard on the
exterior street side of either a corner building site or on a
building site, the rear property line of which abuts the required
front yard of any adjoining building site.
C. No fence shall exceed three and one-half (34) feet in height in
the required rear yard of a corner building site within five (5)
feet of the exterior side property line.
5.03.2 Fences may be erected in all Agricultural and. Estate Districts
subject to the following provisions:
A. Fences of a type to permit site distance of 100 feet at vehi-
oular ingress. andegress points may be constructed to the property
lines of all building sites, said fences not to exceed. six (6)
feet in height
5.03.3 Elevakions and plot plans for fences are required when the slope of
the property is more than one (1) foot in every horizontal run of
eight (8) feet and shall be approved by the appropriate department
of the City.
5.03.4 Height shall be measured from the average finished grade inside a fence.
5.03.5 Building permits are required for fences constructed of concrete,
masonry, brick or other ,comparable material if height of fence is
to exceed three (3) feet; construction of said fences shall be subject
to the current uniform building code of the City.
4i
5.04 FRONT, SIDE AND REAR YARDS
5.04.1 The front yard, side yard and rear yard setback along all Primary,
Secondary and Local streets shown on the Adopted General Plan, or
amendments thereto, of the City, shall be measured from the center-
line of said street or highway, and shall be in an amount equal to
one-half the ultimate width of the street or highway shown on said
plan, plus whatever additional yard setback requirement for each
respective district as specified in Section 4 of this ordinance or
as specified herein.
5.04.2 There shall be a front yard of not less than twenty (20) feet on all
R1, R2 and R3 building sites, excepting those lots fronting on Cul-
de -Sacs and knuckles , unless reduced front yards are approved by
the Planning Commission. Lots fronting on Cul -de -Sacs and knuckles
may have a front yard of not less than ten (10) feet.
5.04.3 Where private streets and/or private alleys are involved, required
yards shall be measured from the nearest wall of the rain building
to the street line or alley line of said private travel way.
5.04.4 Architectural features on the mainbuildings, unless approved under
Architectural Review by the, Planning Commission, such as cornices,
eaves, chimneys, may not extendinto any required side yard a distance
to exceed thirty (30) inches; and into any required front or rear
yard a distance to exceed thirty-six (36) inches.
5.04.5 Open, uncovered, raised porches, landing planes or outside stairways
may not project a distance to exceed twenty-four (24) inches into any
required side yard; into any frontjyard adistance not to exceed six
(6) feet provided such porch shall have its floor no higher than the
entrance to the ground floor of the building.,
5.04.6 A wholly or partially enclosed covered patio attached to a residence
shall maintain the same yards as required for the main building
�- excepting as set forth in the next paragraph. A patio with a roof
having open frame or egg -crate construction shall be considered a
covered patio.
5.04.7 A covered patio may project into a required rear yard of any resi-
dential lot to within five (5) feet of the rear property line. Further,
a patio roof may be projected into any required side or front yard
the same distance allowed, for any architectural features as set forth
in paragraph 5.04.4 above. Further, that portion of the covered
patio extending into said required rear yard shall be completely
4E
unenclosed on at least three sides excepting for necessary structural
members. Nothing herein shall prohibit the screening of said patio
with fully ventilating screen.
5.04.8 When residential and commercial uses are on the same lot or building
site, the front and side yards required for residential uses may be
waived when such residential uses are erected above the ground floor
of a building in which the ground floor is used exclusively for non-
residential purposes andapproved by the Planning Commission or the
Site Plan Review Committee as part of final site plans.
5.05 HEIGHT
5.05.1 Within the Commercial Mission Districts and within the Residential
Districts, no building shall exceed thirty,;five (35) feet in height.
5.05.2 Within other Commercial Districts and M Districts, or on any building
site within the PC District designated for professional, commercial,
industrial, or other non-residential use, any building, accessory
building or structure may exceed thirty-five (35) feet in height
if the following provisions are complied with:
A. A building, accessory building or structure exceeding thirty-
five (35) feet in height shall be no closer than one hundred -
forty (140) feet to hngg¢toperty zoned or designed for resi-
dential use.
B. Each part of any building, accessory building or structure,
exclusive of the first thirty-five (35) feet in height for
which the required setbacks shall apply, shall be set in from
one or the other or both required side setback lines, a com-
bined additional six (6) inches for each additional foot of
height exceeding thirty-five (35) feet.
C. f, Each part of any building, accessory building or structure,
exclusive of the first thirty-five feet in height for which
the required setbacks shall apply, shall be set in from the
front or rear or from both the required front and rear yard
setback lines, a combined additional six (6) inches for each
additional foot of height exceeding thirty-five (35) feet.
D. Should the provisions above be complied with, there shall be
provided and maintained on the building site in question, a
fifteen (15) foot in width landscaped strip along any abutting
property line or area boundary zoned or designated for
49
residential use. Said landscaped strip shall include not less
than one (1) tree for every ten (10) lineal feet measured at
the property line and said trees shall be not less than ten
(10) feet in height at time of planting.
5.o6 HIGHWAY DEDICATION AND IMPROVEMENTS:
5.06.1 No building and no land shallbe used for any Commercial or Industrial
use, nor shall any Certificate of Use and Occupancy therefore be
issued by the Building Department, where the land upon which building
or land to be used for said uses abuts upon, and the ingress or
egress to the said building or land is by way of�or into or upon
any existing public highway or street, or highway or street shown
on the Master Plan of Streets and Highways adopted by the City of
San Juan Capistrano, has been dedicated to or vested in the City of
San Juan Capistrano, and such right of way has been improvedby
installation of curbs, gutters, pavement and street drainage, in
full compliance with the City Standards of the City of San Juan
Capistrano; or the owner has dedicated oriirrevocably offered to
dedicate such right of way and prepared plans for improvements and
has entered into an agreement with the City to make such improve-
ments. In the event an agreement for the improvements is entered
into, the City Council may require that the agreement be secured
by a good and sufficient bond, or it may accept in lieu thereof a
cash deposit, contract or other sureties as in its judgment may be
necessary to assure the required improvements.
5.06.2 Commercial and Industrial use as used above, means any retail,
whmlesale, or manufacturing business, the carrying on of any
profession, the operation of mobilehome parks, hotels or any
business, but does not include farming, including all types of
agriculture or horticulture, or the conducting of temporary stands
for the sale of agricultural or farming products grown or produced
on the premises as accessory use to the land, or the conducting
of any home occupation.
5.07 MOBIIEHOME PARKS:
5.07.1 The following rules and regulations are adopted pursuant to the
authority of Section 18010 of the Health and Safety Code of this State:
A. Each mobilehome park shall contain a minimum of three (3)
acres of land. The land shall be properly graded to provide
for adequate drainage and freedom from sheet overflow as
determined by engineering design.
5G
B. Fences shall be constructed on side and rear adjoining pro-
perty lines. Said fences shall be a minimum of six (6) feet
in height, constructed of non-combustible materials.
C. Each mobilhome site shall have an area of at least fifteen
hundred (1500) square feet with a minimum frontage width
of thirty (30) feet facing a street.
D. For each ten (10) sites within a park, one (1) overnight site
may be constructed. Such sites hsall have a minimum width of
twenty-one (21) feet. The length shall be a minimum of twenty-
five (25) feet and a maximum of thirty-five (35) feet. The
parking of any one mobilehome or travel trailer on such sites
shall be limited to ninety (90) days stay in any one (1) year.
E. In addition to parking spaces for tenants, there shall be
established and maintained within each mobilehome park a
guest parking area with one (1) automotive parking space for
every four (4) mobilehome sites, or fraction thereof, each
space to be no less than 10' R 20' plus such additional area
as is necessary to affordadequate ingressandegress.
F. No mobilehome shall be located closer than ten '(10) feet
from any building or another mobilehome; provided, however,
that this does not apply to a compartment containing solely a
private toilet or bath, or both, constructed for the exclusive
use of an occupant of a mobilehome site designed for the
occupancy of one mobielhome.
CR G. No structure, nor portion, nor projection thereof, including
an approved awning, shall be located closer than ten (10)
feet from any mobilkhome, cabana or awning on an adjacent
(mobilehome site; provided, however, that a windbreak may be
located on lot lines provided it is at least five (5) feet
from any mobilehome, awning or cabana.
H. Every cabana placed, constructed, or erected on a lot in a
mobilehome park shall have concrete or masonry footings and
foundation construction in accordance with regulations of
the California Administrative Code, Title 8, Chapter 9,
Article 4, Part 7, Section 16399, Sub -paragraph B.
5.08 PARKING
5.08.1 Parking required for all residential, motel or hotel uses shall
be on site. All other required parking shall be contiguous to
the use and have a recordation of restriction on file at the
County Recorders Office to assure that parking will be available
for the life of the use.
5.08.2 Off-street loading space shall be required on the same building
site with every building, storage warehouse, goods display center,
department store, market, hotel, hospital, funeral home, laundry,
dry cleaning or other similar type use invloving the receipt or
distribution by vehicle of materials or merchandise incidental to
carrying on such activity. Said space shall be of sufficient size
to permit the standing, loading and unloading of;vehicles to avoid
undue interference with the public use of streets and alleys and
shall not be apart of the building site area used for off-street
parking required for each particular use.
5.08.3 Aisles to and from required parking spaces shall not be less than:
A. Thirteen (13) feet wide for thirty (30) degree parking.
B. Fifteen (15) feet wide for forty-five (45) degree parking.
C. Eighteen (18) feet wide for sixty (60) degree parking.
D. T0@hty4three (23)feet wide for ninety (90) degree parking.
5.08.4 Single garages, carports or (vehicle spaces) shall be not less
than 10 X 20 feet; double garages and carports shall b6tnot less
than 20 X 20 feet.
5.08.5 Circulation within a parking area must be that:
A. A car entering the parking area need not enter a street to
reach another aidle within the same parking lot.
B. All parking spaces, garages and carports shall be accessible
and useable.
5.08.6 The operation and maintenance of off-street parking area shall be
as follows:
A. Bumper guards (burins) shall be provided along any property
line which abuts a public walkway, street or alley except
when a fence is required.
B. Illumination of the area shall be so arranged that it will
be reflected away from any abutting residences.
C. All required spaces shall be clearly outlined on the surface
of the parking area.
D. The parking area and driveways shall be paved with asphaltic
or concrete surfacing.
52
5.08.7 Parking requirements for
the various categories of land uses within
the City of San Juan Capistrano
are hereby established and shall
be
required for each separate use of class of use established or
to
be established within
the City:
USE
MINIMUM REQUIREMENT
A.
Boarding houses,
One parking space for each guest room
lodging houses,
or one parking space for each 150
rooming houses
square feet of sleeping area, which-
ever is greater
B.
Bowling alleys
Four parking spaces for each alley, plus
one parking space for each 2 employees
C.
Churches, chapels,
One parking space for each three fixed
religious meeting
seats in the principal assembly room
halls
and/or for every 35 square feet of
seating area in the principal
assembly room where there are no
fixed seats
D.
Colleges and
One-half stall per 20 square feet of
Universities
floor area per classroom, plus require-
ments for assembly and sports areas
E.
Driving ranges
One parking space per driving tee
F.
Diive-In
One parking space for each forty (40)
Restaurants
square feet of gross floor area, but
in no case shall there be less than
12 stalls
G.
Food to go
One parking space for each forty (40)
establishments
square feet of gross floor area
H.
¢General offices
One parking space per 350 square feet
and professional
of floor area for the first 10,000
offices except
square feet of floor area andone
medical, dental
parking space per 500 square feet of
offices and clinics
floor area over 10,000 square feet
I.
General retail,
One parking space for each 200 square
including service
feet of floor area except area devoted
uses such as bar-
exclusively to storage
ber shops, beauty
parlors, service
stations
J.
General wholesale
One parking space per 300 square feet
of floor area
K.
Golf Course
Three parking spaces per hole and one
(regulation course)
space for each 35 square feet of building
area used for public assembly and one
space for each 250 square feet of build-
ing used for accessory commercial uses.
L.
Grade schools,
One parking space per classroom, plus
elementary or
requirement for accessory uses
grammar schools,
both public and
private, including
Jr. High Schools
M.
Hospitals, welfare
One parking space for each patient bed,
institutions
but not less than one-third of the total
building site area, whichever is greater
N.
Hotels
One parking space for each two sleeping
rooms plus one parking space for each
three employees
0.
Industrial uses
One parking space for each two employees
(within a building),
or for every 500 square feet of open
Industrial uses
or enclosed area devoted to the compound -
(outside a building),
ing, manufacturing or processing of any
blueprinting, print-
goods or articles, whichever is greater,
ing, and similar
plus one parking space for each vehicle
-reproduction
used in conjunction with the use
establishments
P.
Lodges, clubs,dance
One stall per 200 square feet of floor
halls, health studios
space
where there are no
sleeping facilities
Q.
Medical, dental
One stall per 250 square feet of floor
offices & clinics
area; however, in no case shall there
be less than four stalls per doctor
R.
Mortuaries, funeral
One parking space for each five fixed
homes, gymnasiums,
seats or for every 35 square feet of floor
skating rinks
area where there are no fixed seats (10
lineal inches of bench shall be considered
fixed seat)
54
S.
Motels, tourist
One parking space for each unit plus
rooms, cabins
one space for resident manager
T.
Multiple family:
(1) Bachelor
One single garage for each dwelling
apartment
unit
(2) One -bedroom
One and one-quarter (1y) garage for
each dwelling unit
(3) Two-bedroom
One and one half (11g) garage for
each dwelling unit
U.
One -family, two-
One garage to accommodate two (2) cars
family, three-
for each dwelling unit
family residence
V.
Open retail uses;
One parking space for every 500 square
e.g. nurseries,
feet of lot area devoted to display
used car lots
plus one space for each two employees
W.
PD Planned Develop-
One garage to accommodate two (2) cars
ment Residences
for each dwelling unit plus one (1)
visitor parking space for every two
(2) dwelling units
X.
Pitch and Putt and
Three parking spaces per, hole, plus
Miniature golf
requirement for accessory uses
courses
Y.
Restaurants, cafes,
One parking space for each two (2)
nightclubs & bars
employees plus one parking space for
each 30 square feet of dining on drink-
ing area where there are no fixed.
seats and/or one parking space for
each three fixed seats (18 lineal inches
of bench shall be considered one fixed
seat)
Z.
Rest homes, con-
One parking space for each two beds or
valescent homes
one parking space for each 200 square
feet of sleeping area, whichever is greater
AA.
Sr. High Schools
One parking space per 150 square feet of
floor area in each classroom plus require-
ment for assembly rooms, gymnasiums,
auditoriums and similar places of public
assembly
55
BB. Theaters, auditoriums
One parking space for each three
stadiums, sport arenas,
fixed seats or for every 20 square
and similar places of
feet of floor area where there are
public assembly
no fixed seats (18 lineal inches
of bench shall be considered one
-
fixed seat), plus one parking space
for each two employees
CC. Trade schools,
One parking space for every 70 square
business colleges, -
feet of floor space in every classroom
4
commercial schools
DD. Trailer Parks
One and one-quarter (17'') parking
(Mobilehome parks)
space for each dwelling site
EE. Union halls and
One parking space for each 350 square
buildings
feet of office floor area plus one
parking space for each 70 square
feet of assembly room floor area,
- -
but not less than 1/8 of the total
building site area, whichever is greater
.... FF. Warehousing, furni-
One parking space for every 1000
tura stbreq, machinery
square feet of floor space plus one
sales, new car or
parking space per truck of the
truck sales
maximum contemplated number that will
be stored upon the premises at one
- ....
time
5.09 SIGNS:
The regulation and control of the location, size, type and number of signs
permitted shall be governed by the provisions of this Section, it being the
purpose of this Section to classify all signs permitted within the City of
San Juan Capistrano and to regulate and control all matters relating to such
signs, except the construction and structural phases thereof.
5.09.1 PERMITTED SIGNS:
A. One (1) real estate sign
per legal building site not exceeding
six (6) square feet in area which advertises the sale, rental
or lease of the premises
upon which said sign is located when
the legal building site is less than one (1) acre.
B. One (1) real estate sign
per legal building site not exceeding
twelve (12) square feet in area which advertises the sale, rental
5(b
or lease of the premises upon which said sign is located when
the legal building site is more than one acre and less than
two acres.
C. One real estate sign per legal building site not exceeding
sixty (60) square feet in area which advertises the sale,
rental or lease of the premises upon which said sign is located
when the legal building site is more than two (2) acres and
less than five (5) acres.
D. One (1) real estate sign per legal building site not exceeding
one hundred -twenty (120) square feet in area which advertises
the sale, rental or lease of the premises upon which said sign
is located when the legal building site is more than five (5)
acres.
E. Professional name plates not exceeding two (2) square feet in
area.
F. Bulletin boards not over twelve (12) square feet in area for
public, charitable or religious institutions when the boards
are located on the premises of said institution.
G. Signs not exceeding twelve (12) square feet denoting the
architect, engineer or contractor when placed upon a building
site where construction is taking place.
H. Professional occupation signs not exceeding four (4) square
feet in area denoting only the name and profession of an
occupant in a commercial building, public institution building
or residential dwelling.
1. Memorial signs or tablets, names of buildings and dates of
erection when cut into masonry surface or when constructed of
tbronze or other non-combustional materials not to exceed
four (4) square feet in area.
J. Signs of public utility and service organizations indicating
danger and/or aids to service or safety.
K. Substantial and permanent signs in the Commercial Combining
Mission District not to exceed twelve (12) square feet in area
and are related to the business being conducted on the building
site.
L. Substantial and permanent signs in the Commercial Combining
Mission District not to exceed one hundred (100) square feet
57
in area and are related to the business being conducted
on the building site provided said signs are reviewed by
the Architectural Board of Review and are approved by the
Planning Commission.
M. Substantial and permanent signs in the Commercial and Indus-
trial Districts not to exceedone hundred -twenty (120) square
feet in area and are related to the business being conducted
on the building site.
N. Signs of a temporary nature not to exceed an aggregate of 100
square feet, used in connection with temporary vegetable
produce stands and located on the premises /to which such
signs refer.
0. On 'site temporary (directional) signs pertaining to approved
subdivisions, subject to the following provisions:
(1) Maximum of one sign (single -faced) of 200 square feet in
area pertaining to the rental or sale of dwellings or
buildings upon the property.
(2) Aggregate sign square footage shall not exceed twice the
lineal frontage of the property when and if additional
signs are permitted.
(3) Said signs to be removed within two (2) years from date
building permit is issued. The Planning Commission may
grant additional one-year extensions of time provided said
request is considered reasonable.
(4) A cash bond or other security in the amount of $100.00
shall be deposited with the City for each sign permitted
to assure removal of said sign after expiration date,
prior to the issuance of a building permit.
(5) The owner of the sign and the owner of the property shall
._ furnish the City or any of its agents or employees per-
mission to enter upon the premises to remove saidsign,
said authorization to be furnished the City prior to the
issuance of a building permit.
P. Off-site temporary (directional) signs used to direct the
traveling public to an approved subdivision within the City,
subject to the following provisions:
(1) Locations, size and elevations of such signs are to be
approved by the Planning Commission.
58
(2) A maximum of two (2) signs per named development, double-
faced, 400 square feet in area each face, pertaining
solely to the identification of, and direction to the
development.
(3) Said signs to be removed within one (1) year from date
building permit issued. The Planning Cmmnission may
grant additional one (1) year extensions of time provided
said request is considered reasonable.
(4) A cash bond or other security in the amount of $100.00
shall be deposited with the City for each sign permitted
to assure removal of said sign after expiration date,
prior to the issuance of a building permit.
(5) The owners of the sign and the owners of the property
shall furnish the City or any of its agents or employees
permission to enter upon the premises to remove said signs,
said authorization to be furnished the City prior to the
issuance of a building permit.
5.09.2 RESTRICTIONS:
A. No flashing sign shall be permitted regardless of the district
in which a sign is proposedto be located when, within a radius
of two hundred (200) feet of such sign there exists any struc-
ture used exclusively for residential purposes.
B. No flashing sign shall be permitted regardless of the district
in which a sign is proposed to be located when the flashing
portion of said sign exceeds twenty-five (25) feet in height
above the average grade of the building site.
C. No flashing sign shall be permitted on apy temporary on-site
for off-site directional sign.
D. No flashing sign shall be permitted within the Combining
Mission Districts.
E. No flood lights, spotlights, or similar artificial lighting
devices shall be attached to, or made a part of any rotating
or revolving or moving part of a rotating or revolving sign.
F. No artificial light of whatever type or nature used in con-
junction with or for the purpose of lighting any sign or bill-
board shall be erected or constructed or placed, nor shall any
substance or material capable of reflecting light be so placed
59
as to result in directing such artificial light into any stru-
cture used exclusively for residential purposes.
G.
No sign structure shall project into any public right of way
or private travel way more than 6 inches between the height of
8 and 15 feet; project no more than 12 inches when sign is
above 15 feet.
H.
No sign shall be installed on or over the roof of any building
or structure in any district.
I.
No sign shall be permitted in any District that exceeds 35
feet above average finished grade of the building site.
J.
No remote sign, a remote sign being a sign not located on the
building site for which and related to the business being
conducted thereon, shall be permitted in any District other
than those off-site directional signs permitted per paragraph
5.09.1 (P) above.
K.
No temporary signs, consisting of banners, pennants, valences,
or advertising display constructed of cloth, canvas, light
fabrics, cardboard, wallboard or other light materials, with
or without frames, fixed., floating or airborne, may be permitted
without Planning Commission or Council approval.
5.09.3 NON -CONFORMING SIGNS:
A.
All signs and.sign structures of whatever type or nature
valued less than $200.00 in existence on the effective date
of this ordinance which violates or does not conform to the
provisions hereof shall be removed or altered or replaced so
as to conform to the provisions of this ordinance within one (1)
year of the effective date hereof.
B.
All signs and sign structures of whatever type or nature valued
more than $200.00 in existence on the effective date of this
ordinance which violates or does not conform to the provisions
hereof shall be removed or altered or replaced so as to conform
to the provisions of this ordinance within two (2) years of the
effective date hereof.
5.09.4 BUILDING PERMITS:
A.
A building permit is required for any sign which exceeds six
(6) square feet in area and/or extends more than six (6) feet
above average grade or sign site. ,
B.
Electrical signs require a separate electrical permit.
610
5.10 SWIMMING POOLS:
5.10.1
Swimming pools in the R Districts shall be constructed on the rear
one-half of the building site; such pools shall be located no
closer than five (5) feet to any rear or side property line. On
the street side of a corner lot where the rear yard abutts a side
property line, no pool shall be closer than ten (10) feet to such
side property line.
5.10.2
Swimming pools in the A and. E Districts may be constructed within
five (5) feet of the rear property line, ten (10) feet of the side
property line and ten (10) feet from the front property line.
5.10.3
Filter and heating systems for such pools shall not be located
closer than twenty (20) feet to any residential dwelling other
than the residential dwelling occupying the same building site.
5.10.4
All swimming pools shall be completely enclosed by a non -climbable
fence a minimum of five (5) feet in height, and all gates shall
be self -latching, openable from the inside only.
5.11 MODEL HOMES IN SUBDMSIONS:
5.11.1
Model homes shall be permittedin new residential subdivisions
subject to the following:
A. A final map'for the proposedsubdivision must have been approved
by the City Council.
B. That all temporary elevation alterations of the homes for
commercial purposes are approved by the Planning Commission.
5.12 TEMPORARY REAL ESTATE OFFICES
5.12.1
Temporary real estate offices utilizing a model home or garage.
within a new residential subdivision are permitted subject to
the following:
A. A temporary Certificate of Use and Occupancy shall be first
obtained from the Department of Building and Safety for the
use of model homes and their garages for offices solely
for the first sales.
B. The use shall be discontinued at the end of one year from date
of issuance of Certificate of Use and Occupancy.
C. The Planning Commission may, upon application of the developer,
who must show goodcause, extend the time limit not to exceed
two (2) successive periods of six (6) months each.
SECTION 6 - LAND USE PERMITS
6.01.1 Whatever in this ordinance conditional uses are premitted in any
zone subject to approved. Land Use Permit, any property owner or his
duly authorized representative or plaintiff in action in eminent
domain may initiate proceedings for consideration of a Land Use
Permit: except that the enumerated paragraphs shall not apply, all
of the provisions of this Section 6, shall govern the application
for and procurement of a Land Use Permit as it relates to Conditional
Uses. The paragraphs of Section 6 which do not apply are: 6.01.2
B and 6.01.6.
6.01.2 When practical difficulties, unnecessary hardships or results in-
consistent with the general intent and purpose of this ordinance
occur by reason of the strict interpretation of any of its pro-
visions, any property owner or his duly authorizedrepresentative
or plaintiff in an action in eminent domain may initiate proceedings
for consideration of a Lan Use Permit or other authorized forms -
of relief from the provisions of this ordinance.
A. The Planning Commission shall have the power to authorize
or deny the issuance of a Land Use Permit.
B. The Planning ComaLission shall authorize the Director of Building
and Safety to issue such permits only upon its determination
that the application constitutes a case where all of the
following conditions apply:
(1) That there are special circumstances applicable to the
property which do not apply generally to other properties
in the neighborhood.
(2) That the permit is necessary for the preservation and
enjoyment of a substantial property right, possessed and
enjoyed by the other properties in the neighborhood..
(3) That the granting of the permit will not contribute to
a property development which will be materially detrimental
to the public welfare or injurious to the property or
improvemnts in the neighborhood.
(4) That the granting of the permit will not adversely affect
any Master or Specific Plan.
6.01.3 The Planning Commission shall authorize the issuance of permits upon
such conditions, if any, as it determines proper to provide for the
maintenance of the integrity andcharacter of the neighborhood and
6
the general purpose and intent of this ordinance, and shall re-
quire such guarantees, if any, as it deems necessary to assure
the fulfillment of such conditions.
6.01.4 PROCEDURE: LAND USE PERMITS
A. Application for such permits shall be made to the Planning
Commission. The Planning Commission shall prescribe the
form and contents.
B. There shall be a public hearing before the Planning Commission
on each application. The Secretary shall set the public
hearing for a regular meeting of the Planning Commission on a
date not more than thirty (30) days subsequent to the filing
of the application. The Secretary shall refuse to accept the
application if the form and contents are not as prescribed by
the Planning Commission.
C. The Secretary shall, not less than ten (10) days prior to the
hearing, mail, postage prepaid, notice of the time and place
of the hearing, the application number, the applicant's name,
the location of the premises affected, and the use proposed,
to all persons whose names and addressed appear on the latest
adopted tax roll of the County as persons owning property in
the City of San Juan Capistrano, within a distance of three -
hundred (300) feet from the exterior boundaries of the premises
to which the application pertains.
6.01.5 The Secretary shall, not later than ten (10) days prior to the
hearing date, cause a notice of such public hearing to be published
in a local newspaper of general circulation. Such notice shall
set forth the time and place for such hearing, the address and legal
description of the property affected and the use proposed or devia-
tion requested.
6.01.6 Each applicant for a Iand Use Permit shall be accompanied by, as
a part thereof, written statements of the applicant or other wit-
nesses giving adequate evidence that the application constitutes
a case where all of the following conditions apply:
A. That there are special circumstances applicable to the property
to which do not apply generally to other properties in the
neighborhood.
6.01.7
6.o1.8
6.ol.9
6.ol.lo
6.ol.12
6.01.13
B. That the permit is necessary for the preservation and enjoy-
ment of a substantial property right, possessed and enjoyed
by other properties in the neighborhood.
C. That the granting of the permit will not contribute to a
property development which will be materially detrimental to
the public welfare or injurious to the property or improvements
in the neighborhood.
D. That the granting of the permit will not adversely affect any
Master or Specific Plan.
The determination of the Planning Commission shall be made, or shall
be deemed to have been made, on the date upon which public hearing
was held, or, if the matter is continued to a later date, then on
the date to which the matter was continued by the Planning Commission.
The determination of the Planning Commission shall include such
express findings of fact or such observations, if any, as any member
or members of the Planning Commission may desire to have included.
The determination of the Planning Commission shall be announced at
the regular meeting at which such determination is made. Notice of
the determination shall be mailedpromptly to the applicaht, provided
further that notice shall be deemed made to the applicant if present
at the regular meeting at which the determination is announced;
failure to mail such notice to the applicant shall not affect the
validity of the determination.
Planning Commission decisions shall be effective twenty (20) calendar
days after the giving of notice of approval or denial to the applicant.
The applicantshallhave the right, within twenty (20) calendar days,
to appeal in writing by filing written notice of said appeal with
the City Clark. Any applicant who does file such an appeal shall
pay to the City Clerk the sum of Twenty-five ($2$.00) Dollars at the
time of filing such appeal.
Any interested and aggrieved party owning land within 300 feet of
the exterior boundaries of the property under consideration may file
an appeal with the City Council within the twenty day period. The
person so appealing shall pay the City Clerk the sum of $25.00.
The filing of an appeal of such decision within the time limit, shall
stay the effective date of the Planning Commission action until the
City Council has acted upon the appeal. The action of the City
Council for all appeal matters is final.
1�,4
6.01.14 The Director of Building and Safety shall issue the permit only
after the conditions upon which such permit was authorzed to be
issued either have been fulfilled, or, if the Director of Building
and Safety deems reasonable, adequate guarantees that such conditions
will be fulfilled have been given by the applicant.
6.02 FEES REQUIR.IPD:
6.02.1 The City of San Juan Capistrano shall charge and collect a fee of
Thirty-five ($35.00) Dollars for the filing of each Land Use Permit
application.
6.03 ESTABLISHMENT OF USE:
6.03.1 When the use of land, building, or premises, authorized by the
Planning Comnision is not established within twelve (12) months
from date of such authorization, the permit issuedpursuant thereto
shall become null and void.
6.03.2 When substantial construction of any main building or buildings
which are described or shown in any application or determination
are described or shown in any application or determination of the
Planning Commission has been commenced and is being diligently prose-
cuted., and the conditions attached to the permit thereto have been
complied with, within twelve (12) months from the date of determin-
ation, the permit issued pursuant thereto shall become effective and
shall continue if diligently prosecuted.
6.03.3 When any use of land, building, or premises established under an
approved Land Use Permit has been discontinued for a period of six
(6) months, it shall be unlawful to again use such land or building
or premises for such discontinueduse unless a subsequent permit is
authorized by the Planning Commission. _
SECTION 7. NON -CONFORMING USES
7.01.1 Except as otherwise provided for non-confoming signs in this ordi-
nance, lawful uses of land, buildings and accessory structures
existing at the time this ordinance or amendments thereto take effect,
may be continued although the particular use of the land, building
or accessory structures does not conform provided no non -conforming
use of land, building or accessory structure may be extended to occupy
a greater area of land, building or structure than is occupied at
the time of the adoption of this ordinance or amendments thereto.
7.01.2 When any lawful non -conforming use, building or structure is dis-
continued or abandoned for any reason except pursuant to a valid
A. A Site Plan Review Committee, consisting of five (5) members
appointed by the City Council, will review all applications for
the construction of new buildings and the alteration of existing
structures within the PD, ML and PC Districts to ascertain whether
or not said plans are in substantial accordance with regulations
governing the District involved.
order of a Court of Law for a period of one (1) year, it shall be
conclusively presumed that such use has been abandoned within the
meaning of this ordinance, and all future uses shall comply with the
regulations of the particular district in which the land, building
or structures is located.
7.01.3
Any building or structure existing at the time this ordinance or
amendments thereto take effect which is non -conforming either in
use, design or arrangement, shall not be enlarged, extended, recon-
structed or structurally altered unless such enlargement, extension,
reconstruction or alteration is in compliance with the regulations
set forth in this ordinance for the district where such building or
structure may be located or unless a bard Use Permit for such work
has been approved by the Planning Commission.
7.01.4
Normal maintenance and repair to satisfy the requirements of the
current adopted building code of the City is permitted.
7.01.5
A non -conforming building destroyed to extent of more than fifty
(50%) percent of its reasonable value by fire, explosion or other
casualty or Act of God, may be restored and used only in compliance
- with the regulations existing at the time of restoration in the
district wherein it is located.
7.01.6
No license or permits of any kind shall be issued by the City for
the continued non -conforming use of a building unless anduntil an
inspection of such building has been made by the Director of Building
and Safety and a new Certificate of Use and Occupancy therefore,
has been issued.
SECTION 8 - SITE
PLAN REVIEW
8.01.1 -
PURPOSE:
A. The Site Plan Review Committee has been established to facili-
tate the process of development within PD, ML and PC Districts
to encourage the use of contemporary land planning principles
into a coordinated community design.
8.01.2
REVIEW:
A. A Site Plan Review Committee, consisting of five (5) members
appointed by the City Council, will review all applications for
the construction of new buildings and the alteration of existing
structures within the PD, ML and PC Districts to ascertain whether
or not said plans are in substantial accordance with regulations
governing the District involved.
;ar 66
D. Site plans in the number of copies specified andprepared
according to the requirements regulating the respective districts
shall be submitted to the City Administrator.
(1) Within fifteen (15) working days from the date of receipt
of such plans, the committee shall approve, disapprove,
or conditionally approve the submitted plans by resolution.
In event the committee declines to act upon the plans, the
applicant may request referral to the City Council for
final determination.
(2) When an appeal is made to the Council, the Site Plan
Review Committee shall refer all submittedplans and
accompanying data and reports to the City Council within
five (5) working days from the date of the written request
for referral by the applicant.
(3) The City Council shall, upon receipt of materials forwarded
by the Site Plan Review Committee, approve, conditionally
approve or disapprove said Site Plans within fifteen (15)
working days.
(4) Failure of the City Council to render a decision on the
referred Site Plans within fifteen (15) working days
constitutes Site Plan Approval.
SECTION 9 - ARCHITECTURAL REVIEW
9.01.1 PURPOSE:
A. The Mission Districts have been created to maintain the tradi-
tional and visitor interest in the old historical Mission of
San Juan Capistrano, a place of National Renown, and the early
California style of buildings and architecture new existing in
that such distinctive types of architecture within the Mission I,
Area Districts are considered a valuable resource which has
contributed to the growth and economic welfare of the community
and it is considered to be of such importance to the general
welfare of future generations that it is necessary to perpetuate
and expand the Mission andthe early California architecture
of the Mission Area Districts.
9.01.2 REVIEW:
A. An Architectural Board. of Review consisting of five (5) members
appointed by the CityCouncilwill review�ll applications for
C)7
the construction of new buildings and the alteration of exist-
ing buildings within the Mission Districts and make recommen-
dation to the Planning Commission.
B.
In addition to architectural review required above, the
Architectural Board of Review will make a recommendation to
the Planning Commission for any newly proposed Mission Area
Districts.
9.01.3 PROCEDURE:
A.
Three (3) copies of the following, to include an architectural
rendition on all proposed new constructions and alterations
within the Mission Districts are to be submitted to the Secretary
of the Planning Commission, who will refer them to the Archi-
tectural Board of Review for recommendation:
(1) Architectural sketches.
(2) Plot plan showing locations of existing and proposed
buildings.
(3) Location and type of landscaping (Commercial Districts Only).
(4) Descriptive list of materials and colors to be used for
exterior or proposed construction.
9,01.4 STANDARDS - RESIDENTIAL CONSTRUCTION:
A.
Particular attention shall be given to design of new buildings
and the alterations of old structures in order to be certain
that the structures by their scale, size, height andarchitecture
will be compatible with and not overpower the existing old
historical buildings.
B.
Building materials employedshall be of a character deemed
generally compatible with the adobe, wood, brick and similar
-
materials used in early California design buildings, with roofs,
where exposed, 'of the or wooden shakes.
C.
Walls - shall be of thich adobe or give the appearance of thick
-adobe. They may be plastered and finished with either a smooth
or Spanish textured surface without carving or ornaments. Sub-
stitution of stucco, weeping joint cement blocks or used brick
are considered compatible.
D.
Porches:
(1) Posts from ground to roof on both first and second stories.
Wide enough to give, a spacious feeling. ,
(2) Second floor joists are cantilevered, supporting the
balcony and with posts from balcony supporting the porch
roof. Balcony is covered.
(3) Second floor balcony may be constructed with or without
a roof. Railings of wood or irom may be used.
(4) Both second floor balcony and roof are cantilevered.
Balcony and roof overhand are very narrow. Walls may or
may not close the ends of porches of this type.
E.
Windows:
(1) May be constructed of practical materials and normal design,
provided they are harmonious with the basic structure.
They may or may not be protected with vertical bars of
wood or iron, but never with ornamental wrought iron grills.
(2) Shutters, if used, are usually of two panels of movable
louveres. Solid panels and solid planks and battens may
also be used. "
F.
Doors - will be harmonious with the architectural design of
the building.
G.
Roofs:
(1) Shall have a low pitch or not more than 300 and will be
of wood shakes or of tile, with wide overhanging eaves
and gables with exposed rafters.
_
(2) Roof surfaces are unbroken by dormers or pediments.
(3) Both hip and gable roofs may be used.
H.
Colors:
(1) Walls, eaves andrough woodwork are usually white -washed,
but sometimes are painted with California pastel shades. '
k(2) Finished wood is always painted white, warm grey, green
or in pastel shades.
(3) Colors wherever used are never harsh or unharmonious.
9.01.$ Standards - Commercial Construction
A.
Commercial building construction will in general, conform to
the residential standards. If in the interest of modern and.
practical usage, certain exceptions are justified by the appli-
cant, said exceptions will be permitted.
B.
Landscaping plans for each proposal shall be submittedwith
particular attention given to the parking areas.
6q
C. Roofs - Need not conform to the residential standards; how-
ever, roofs will be compatible with the general design of the
structure. On the exposedstreet side of a building, a permitted
non -conforming roof shall have an assimulated or hip type
overhand of tile or shake.
9.01.6 Appeals - Fay be made to the City Council utilizing the same pro-
cedure established for the appeal of Land Use Permits by Section 6.
SECTION 10 - AMENDMENTS AND CHANGES OF DISTRICT BOUNDARIES
10.01.1 The City Council, after report thereupon by the Planning Commission
and after public hearings as required by law, may amend, supplement
or change the regulations anddistricts herein or subsequently
established. An amendment, supplement or change may be initiated
by the City Council, by the Planning Commission or by petition of
property owners as follows:
A. The filing with the Planning Commission a resolution of intention
by the City Council.
B. The passing of a resolution of intention by the Planning Commission.
C. The filing with the Planning Commission of a petition of one
or more record owners of propertyortheir authorized. agents.
10.01.2 Whenever the owner of any land desires a reclassification of his
property, he shall pay a fee of One Hundred Fifty Dollars ($150.00)
to the city.
10.01.3 Upon receipt of a petition or resolution of intention of amendment,
the Secretary of the Planning Commission shall give notice of time
and place of a public hearing, and the purpose thereof, in the manner
designated. in Section 6 of this ordinance.
10.01.4 The Planning Commission shall hear the request and shall take such
action as it deems necessary in order to proceed with the studies,
surveys and investigations as may be required by law, and shall
report its findings and recommendations to the City Council within
thirty (30) days after the conclusion of the public hearing.
10.01.5 The Commission report to the City Council shall include a list of
persons who testified at the hearing, a summary of the facts adduced
at the hearing, and the findings and recommendations of the commission
which must have been upheld by the majority of the total membership
of the Planning Commission.
10.01.6 The City Council, after receipt of findings and recommendations
of the Planning Commission, shall hold at least one public hearing.
The City C1ei.k shall cause a legal notice of such public hearing
to be published in a newspaper of general circulation in the City
at least ten (10) days before the actual hearing date.
10.01.7 City Council determination at the close of the public hearing is final.
SECTION ll - INTERPRETATION
11.01.1 Except as specifically provided herein, this ordinance shall not
be interpreted to repeal, abrogate, annul or in any way effect any
existing provisions of any law or ordinance or regulations or permits
previously adopted or issued relating to the erection, construction,
moving, alteration or enlargement of any building or improvement;
provided., however, in any instances where this ordinance imposes
greater restrictions upon the erection, construction, establishment,
moving, alteration or improvement of buildings or the use of any
building or structure than it imposed or required by existing law,
ordinance or regulation, the provisions of this ordinance shall control.
11.01.2 Wheneverl.the Planning Commission of the City of San Juan Capistrano
is called upon to determine whether or not the use of lard or any
structure in any district is similar in character to the particular
uses allowed in a district, the Commission shall consider the follow-
ing factors as criteria for their determination:
A., Effect upon the public health, safety and general welfare of
the neighborhood involvedand the City at large.
B. Effect upon traffic conditions.
C. Effect upon the orderly development of the area in question
z and the City, at large in regard to the general planning of the
whole community. Any such determination shall be considered
the policy of the City until revoked.
11.01.3 The Planning Commission shall ascertain all pertinent facts and by
resolution set forth its findings and interpretations and submit
the same to the City Council. Thereafter such interpretations
shall govern unless overruled. by City Council.
SECTION 12 - ENFORCEMENT, PRODEDURE AND PENALTIES
12.01.1 It shall be the, duty of the officer or person appointed by adminis-
trative directive of the City Administrator to enforce the provisions
of this ordinanec-pertaining to the use of land or buildings and the
ft
erection, construction, reconstruction, moving, alteration or
addition to any buildings or structures. Any permit or license
of any type issued by any department or officer of the City of San
Juan Capistrano in conflict with the provisions of this ordinance
is hereby declared null and. void.
12.01.2 Any building or structure set up, erected, built, moved or main-
tained or any use of property contrary to the provisions of this
ordinance or any conditions attached to the granting of any land
use permit pursuant thereto, shall be and is declared to be an
unlawful and a public nuisance, and the duly conitituted authori-
ties of the City of San Juan Capistrano shall, upon order of the
City Council, immediately commence action or actions, proceeding
or proceedings for the Abatement, removal and enjoinment thereof
in manner provided by law andshall take such other steps andshall
apply to such court or courts as may have jurisdiction to grant such
relief to abate such nuisance andremove such building, structure or
use and restrain and enjoin any person, firm or corporation from
setting up, erecting, building, moving or maintaining any such
building or structure or using any property contrary to the provisions
of this ordinance.
12.01.3 Failure to abide by andfaithfully comply with. any andall conditions
that may be attached to the granting of any land use permit pursuant
to the provisions of this ordinance shall constitute grounds for
the revocation of saidvariance permit by the City Council. All
remedies provided for herein shall be cumulative and not exclusive.
12.01.4 Any person, firm, or corporation, whether as principal, agent, employee
or otherwise violating any provisions of this ordinance'shall be guilty
of a misdemeanor, and upon conviction thereof shall be punishable by
a fine of not more than Five Hundred Dollars ($$00.00) or by imprison-
ment in the County Jail of Orange County for a term not exceeding
six (6) months, or by both such fine and imprisonment. Such person,
firm, or corporation shall be deemed guilty of a separate offinse for
each and every day during any portion of which any violation of
this ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable as herein provided.
SECTION 13 - SEVERABILITY, REPEALING CLAUSE AND EFFECTIVE DATE
13.01.1 If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance is for any reason held to be unconstitutional or'
invalid, such decisions shall not affect the validity or constitu-
tionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and
each section, subsection, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that one or more of the sections,
subsections, paragraphs, sentences, clauses or phrases thereof be
declared unconstitutional.
13.01.2 Ordinance No. $ entitled ^Interim Land Use Ordinance" andall
amendments thereto, and all other ordinances in conflict with this
t
ordinance are hereby repealed.
13.01.3 The City Clerk shall certify to the passage of this Ordinance and
cause the same to be published as required by law, andthe same
shall take effect as provided by law.
Mayor of the City of
ATTEST: San Juan Capistrano
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing attached ordinance was finally passed, approved
and adopted by the City Council of the City of San Juan Capistrano, at a regular
meeting thereof held on the 9th day of May 1966.
AYES: COUNCILMEN: BATHGATE, BUCHHEIM, FORSTER, OLIVARES and
DURNFORD
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
City Clerk ofthe City of
San Juan Capistrano