Ordinance Number 90330
' ORDINANCE NO. 90
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO ESTABLISHING DISTRICT REGULATIONS FOR
"PC, PLANNED COMMUNITY" DISTRICT WITHIN THE CITY OF
SAN JUAN CAPISTRANO.
SECTION 1. Purpose.
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 coimmnity design.
The Planned Community District is hereby created in recognition of the
economic and cultural adventages that will accrue to the residents of a
planned community of sufficient size to provide relied area for various housing
types; retail and service activities; 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 combination, in accordance therewith. The provisions of
this District are intended to allow diversification of uses, relationships and
heights of buildings and open spacein planned building groups while insuring
compliance with the spirit, intent and other provisions of the zoning ordinance.
SECTION 2. Minimum PC Area. -
To be reclassified to the PC District an area shall be of sufficient acre-
age as 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
approving the proposed General Plan of -Development.
Any contiguous land area may be added to an existing PC District provided
said land is made a part of the original General Plan of Development in all
respects prior to7its incorporation into said District by way of amendment
of the General Plan of Development" of this Ordinance. Contiguous shall mean
having a common boundary with the property subject to the General Plan of
Development or shall mean that the property is so physically located that in
the opinion of the City Council, after review of a recommendation or non -
recommendation by the planning commission, said additional area bears a
significant relationship to the approved and adopted General Plan of Development.
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SECTION 3. Procedure for Reclassification to PC District.
In addition to the procedure set forth in the ordinances of the City of
San Juan Capistrano relative to the reclassification of property (change in
zone), there shall be provided by the applicant, prior to the acceptance of
the petition for reclassification by the Planning Department, a General Plan
of Development. Said General Plan of Development shall consist of maps;
descriptive statements of objectives, principles and standards used in its
formulation; and shall include the following components:
A. Land Use Component.
B. Circulation Component.
C. Population Component.
D. Subdivision Design Component.
E. Services and Facilities Component.
The General Plan of Development may also include additional Components,
SECTION 4. Land Use Component.
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 Lard Use Map might include such designations as single family
residential, two family residential, three or more family residential, mixed
types of residential; neighborhood retail shopping facilities, coimnunity retail
shopping facilities, regional retail shopping facilities; office facilities,
service facilities; wholesale or goods-disbribution facilities; general types
of industrial facilities; education, religious, recreation, public and semi-
public facilities; o8.:.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 statement of objectives, principles and
standards used for its formulation.
SECTION 5. Circulation Component.
A Circulation Component shall consist of a mpa or maps, setting forth
the general locations and widths of major traffic carrying 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 improve-
ments, width of traveling and parking lands, basic design criteria and traffic
carrying capacities of said streets. For example, the Circulation Component
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might include such circulation facilities as major traffic thoroughfares,
commuter stations, heliports, air fields; the delineation of such facilities and
such other matters as may be related to the provision for the circulation of
traffic within the planned community shall be delineated on a map; provided,
however, that such delineation may be shown as part of the Land Use Map.
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
orientation 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 the County Street and Highway program as approved by the City
of San Juan Capistrano.
SECTION 6. Population Component.
A Population Component shall contain a descriptive statement of the
standards of population density for the various proposed residential land use.
The supporting data shall include but not be limited to dwelling (housing)
units per acre for the various residential uses proposed.
SECTION %. Subdivision Design Component.
A Subdivision Design Component shall contain a descriptive statement of
the principles proposed to be used in the subdivision of land or air 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 intersections throughout
the local street network wherever possible and limited access onto major
arterials. Nothing herein is to be construed as requiring tentative tract
maps prior to the submission of site plans as referred to in that Section
captioned "Final $ite Plans" of this ordinance.
SECTION 8. Services and Facilities Component.
A Services and Facilities Component shall contain a map or maps setting
forth the general location and extent of any and all existing and proposed
trunk systems for sewerage and domestic water supply; major drainage facilities;
and any rights of 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
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operation, and maintenance of each such service and facility.
SECTION 9• Additional Components.
The General Plan of Development may include any additional Components
considered necessary by the applicant for the physical development of the
project or to aid in evaluating the impact and effect on other existing or
proposed facilities and services of the City.
SECTION 10. Maps and Reports.
The General Plan of Development shall include supporting maps drawn to
scale, diagrams, charts, descriptions, reports and explanation of methods
utilized in its formulation. Said maps, diagrams, descriptive matters and reports
shall be the basis upon which Subsection A under that 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 loation of each category of land use,
the exact alignment of streets, trunk sewer and water lines, major ,drainage
facilities, etc. but shall be approximations only.
SECTION 11. Method of Adoption of the General Plan of Development.
Public notification of the hearing on the General Plan of Development shall
be incorporated into the notice of proposed reclassification as required in the
City Ordinances relative to the reclassification of property, is. a change of
zone.
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 as presented shall be
approved, modified, conditionally approved or rejected in part or in entirety
by the Planning Commission and City Council.
SECTION 12. Recordation of Ordinance Adopting General Plan of Development.
The Ordinance approving and adopting the General Plan of Development, after
its approval and adoption as provided herein, along with all conditions or 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 :aid General Plan of Development is amended as provided herein.
SECTION 13. Method of Amendment of General Plan of Development.
Any amendment of the adopted General Plan of Development shall proceed
as prescribed in that Section captioned "Method of Adoption of the General Plan
of Development" of this Ordinance. The Ordinance amending said General Plan of
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Development" shall be recorded as provided in that Section captioned "Recordation
of Ordinance Adopting General Plan of Development" of this Ordinance.
SECTION 14. Final Site Plans.
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 Administrator five (5) complete and final
site plans for each phase or portion thereof for which building permits 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:
A. Locationalmapdrawn to the same scale as the map of the adopted
General Plan of Development relating site plan to 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.
H. Placement of all structures.
C. Indentification of the use of each structure.
D. Provision for off-street parking, vehicle storage, internal circulation.
E. Extent and type of landscaping proposed in any non-residential area
except Garden Apartment Developments.
F. Topographic Map.
G. 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.
H. Pad size and dimension of level usable lot area of hillside lots, if any.
I. 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.)
J. Plans and specifications for dedicated facilities for drainage.
K. Plans and specifications for distribution and service 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 continue
operation and maintenance.
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L. Plans and specifications for sewerage facilities, including main and
secondary collection lines and stub -offs from the secondary
collection lines to the property line of each potential lot, or
building site; treatment plans and pumping stations; and if a private
facility, a proposed agreement with the City Council to assure continued
operation and maintenance.
M. Type, placement and number of street: name signs and traffic safety
signs on private streets.
N. Type, placemert and number of streets, highway and alley lighting
devices on private streets.
0. Type of fencing along any lot or site abutting a river, creek, open
storm drain, lake or other works.
P. Height of all non-residential structures.
SECTION 15. Final Site Plan Processing Fee.
The applimnt 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.
SECTION 16. Approval of Final Site Plans.
Upon receipt of Final Site Plans as set forth in that Section captioned
"Final Site Plans", above, the City Administrator shall submit a copy of
said Site 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 approved in
accordance with the provisions of this ordinance. Within ten (10) working days
from the date of receipt of said Site Pland by the Review Committee, the
Review Committee shall approve or conditionally approve the submitted Site
Plans. In the event the Review Committee declines to approve the Site Plans
as required hereinabove, or if the applicant is dissatisfied Wth any decision
rendered by the Review Committee, the applicant may request the matter be
referred to the City Council for final determination. When the applicant requests
such appeal to the Council the Review Committee shall refer all submitted
plans and accompanying data and reports to the City Council within five (5)
working days from the date of the receipt of a written request from the
applicant. The City Council shall review all forwarded materials and shall
approve, conditionally approve or deny said Site Plans within fifteen (15)
working days from the date of receipt of the written request for review. If
the Review Committee or the City Council does not act within the time periods
specified hereinabove, then and in either such event said Site Plans shall be
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deemed approved.
SECTION 17. Conflict with other Ordinances.
In the event of conflict between the provisions of this Ordinance and
any other ordinance of the San Juan Capistrano; or conflict between a clearly
specified detail of the adopted General Plan of Development and other ordinances
of San Juan Capistrano; then the provisions of this Ordinance or the Ordinance
adopting the General Plan of Development enacted by the City Council shall
govern.
SECTION 18. Effect of Minimum Area Requirement on Conveyed Lots or Buildig
Sites.
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 Generik 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 provided the provisions of this Ordinance and other
ordinances are adhered to, to the extent that said ordinances may apply.
SECTION 19. Subdivision of Territory of General Plan of Development.
In the event the subdidsion 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 Ordinanee, the provisions of that
Section captioned "Final Site Plans" may be excluded provided they are
required by and submitted as part of the subdidsion procedure as required by
the Subdivision Regulations of this City.
SECTION 20. y Exemption from Control of other Ordinances.
Since developments of the scope allowed by this District are so uncommon;
and in view of the purpose of this District, the following provisions shall
control and take precedence over any other City Ordinance to the contrary:
A. Connection to City Water Lines or Alternative. Dedication of Water
System.
(1) Except as provided in paragraph (2) below, the then owner of any
property zoned PC may 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.
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(2) If, prior to the request for a building permit, the property
sought to be improved is within 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 (1) 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.
B. Connection to City Sewers or Alternative. Dedication of Sewer System.
(1) Except as provided for in paragraph (2) below, the then owner
of property zoned PC may be required to connect to any Sewer
System or facilities designated by the City and may be required
to dedicate said Sewer System or facilities thereto. In such
case the sewer system and sewer facilities shall be constructed
--to the specifications of the City.
(2) If, prior to the request for a building permit, the property
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 provisions of
paragraph (1) shall not apply. In such case the sewer system
and sewer facilities shall be constructed to the specifications of
the applicable improvement district.
C. Street Width.
The minimum width of local streets, said definition of local streets
being defined in the Circulation Component, may be less than set forth
in Article III of the Subdivision Regulations of the City of San Juan
Capistrano if the proposed deviation in street width was set forth as
a proposed deviation in the descriptive statement of objectives and
standards contained in the Circulation Component of the approved General
Plan of Development.
D. Private Streets.
Streets which are intended to be kept continuously closed to
public travel or are at all times posted as private streets may be
private streets and may be so known as such upon a final map of sub-
division provided the owner of said private streets has adequately
provided for their construction, operation and maintenance. All
private streets shall be constructed to a Standard approved by the
City Engineer if said streets are to be subsequently accepted by
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the City as public streets.
E. Cul -de -Sac Length.
The length of cul-de-sac streets may exceed the maximum length
set forth in Article III of the Subdivision Regulations of the City
of San Juan Capistrano provided:
(1) Through property easements are provided to allow the looping
of domestic water and sewer lines; and through 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 (500) feet; and
(3) In no case shall the cul-de-sac be in excess of thirteen hundred
feet (1300). -
(4) The street width 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 the Circulation Component
of the approved General Plan of Development, to a standard permitting
adequate movement of emergency vehicles. -
F. Minimum Lot Area and/or Lot Width and/or Lot Depth.
The minimum lot area and/or lot width and/or lot depth in
residential, commercial and industrial subdivisions may be reduced from
what is set forth in Aticle III of the Subdivision Regulations of the
City of San Juan Capistrano provided that said lot area sad lot width
and lot depth in a map of subdivision of property within this District
are in conformance with .the Circulation Component and Subdivision
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Design. -Component and/or land Use Component of this District.
G. Minimum Block Length.
The length of a block may exceed those limitations set forth in
Article III of the Subdivision Regulations of the City of San Juan
Capistrano provided topographic conditions warrant.
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SECTION 21. Reclassification from the PC District.
Any application for reclassification from the PC District to anyciher
District contained within this Ordinance or hereafter enacted shall be deemed
and construed to be a proposed amendment to the adopted General Plan of Develop-
ment. Said application shall be processed as prescribed in the Section captioned
"Method of Amendment of General Plan of Development" of this Ordinance. If
said application is approved by the City Council, the ordinance amending or
eliminating all or part of the adopted General Plan of Development shall be
recorded as prescribed in that Section captioned "Recordation of Ordinance
Adopting General Plan of Development" of this Ordinance. "
SECTION 22. General Provisions for Property in the PC District.
A. Where property fronts, sides, or rears onto any major, primary
or secondary street as shown on the Master Plan of Streets and
Highways for the City of:San Juan Capistrano, the required
front, side and/or rear yard for the land use category into which
said property is situated, shall be measured from said right-of-
way line determined for such major, primary or secondary street.
B. All required yard areas, excluding any required side yard on the
street side of a corner lot and required front yard of any lot,
may be used for uncovered off-street parking of motor vehicles
incidental to the uses permitted on that lot.
C. There shall be a distance of not less than ten (10) feet between
one-story main residential buildings built on the same lot, or
fifteen (15) feet between main residential buildings if one or the
other or both are two-story.
D. Any official set back line or required yard, whichever, is greater,
shall determine the building line.
E. The following provisions shall be applicable to patios and
architectural features, such as eaves, chimneys and cornices.
(1) Cornices, eaves, chimneys and similar architectural features
may extend into any required side yard a distance not to
exceed eighteen (18) inches and into any required front or
rear yard a distance not to exceed thirty-six (36) inches.
(2) A wholly or partly enclosed covered patio atbiched to a residence
shall maintain the same yards as required for the main building,
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excepting as set forth in item (3) of this Subsection E.
A patio with a roof having open frame or egg -crate construction
shall be considered a covered patio.
(3) A covered patio may project into a required rear yard of any
residential lot to within five (5) feet of the rear property
line. Further, a patio roof may be extended into any
required side or front yard the same distance allowed for any
architectural feature as set forth in item (1) of this _
Subsection E. Further, that portion of the covered patio
extending into said required rear yard shall be completely
unenclosed on at least three sides excepting for necessary
structural members. Nothing herein shall prohibit the
screening -in of said patio with fully ventilating screen.
(4) Any cornice, save, chimney or similar architectural feature,
patio cover or canopy may extend into any other required
open space provided for in this Ordinance, other than required
yards, a distance not to exceed two (2) feet, provided, however,
nothing herein shall prohibit the full e3dansion of an uncovered
patio into said required open space.
F. Accessory buildings in residential areas shall be subject to the
following:
(1) An accessory building shall be not less than six (6) feet from
a main building.
(2) On an interior lot an accessory building may be built to one
side lot line and the rear lot line, except if the lot rears
and/or sides upon an alley, said accessory building, if a
garage, shall maintain a distance of not less than twelve and
tone -half (12-1/2) feet from the center line of the alley.
(3) On a corner lot an accessory building may be built not less
than ten (10) feet to the lot line on the street side of the
lot, and an accessorynbuilding may be built to the rear and/or
inside property line, except if the building shall maintain a
distance of not less than twelve and one-half (12-1/2) feet
from the center line of the alley.
(4) on a reversed corner lot an accessory building located in a
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required year yard shall not extend beyond the required front yard
line of the lot to the rear.
(5) There shall be a minimum twenty (2)) foot drive clearance between
the property line abutting a street and the entrance of a garage.
G. Unless otherwise prohibited by law within the City, and use of land
or buildings which is clearly designated by type or category on the
approved and adopted General Plan of Development shall be permitted by
this District.
H. All property within the PC District shall be subject to the following
Height provisions:
(1) No building or structure shall exceed thirty-five (35) feet in
overall height on any lot or area designated for residential use
in the adopted General Plan of Development.
(2) On any lot or portion thereof or area designated for professional,
commercial, industrial or other non-residential land use in the
adopted General Plan of Development no building or structure shall
exceed thirty-five (35) feet in height within one hundred forty
(140) feet of property designated for residential land use on the
adopted General Plan of Development.
(3) Any structure may exceed thirty-five (35) feet of height if the
following provisions are complied with:
(a) Each part of any structure, exclusive of the Pint thirty-five
(35) feet of height from street grade, shall be set in from
one or the other or from both side property lines not less than
a combined total distance equal to one-half (1/2) of the overall
height of the structure, signs included.
(b) Each part of any structure, exclusive of the first thirty-
five (35) feet of height from street grade, shall be set in
from the front or the back or from both the front and the back
property lines not less than a combined total distance equal
to one-half (1/2) of the overall height of the structure, signs
included.
(c) Should item (3) hereinabove be met, there shall be provided
and maintained on the property in question a fifteen (15) foot
landscaping strip along any abutting property or area
boundaries delineating residential land use in the adopted
General Plan of Development. Said fifteen (15) foot landscaped
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strip shall include not less than one (1) tree for every
ten (10) lineal feet of landscaped strip and said tree shall
be not less than ten (10) feet in height at time of planting.
(4) Provisions of this Section should not be construed to limit or
interfere with the installation, maintenance and operation of
electric, telephone or telegraph transmission or distribution
lines poles, towers or other utility structures when installed,
maintained and operated in accordance with the rules and
regulations of the State of California, Public Utilities
Commission and with all other applicable laws.
I. Towers, including radio and T. V. antennas, gables, spires, scenery
lofts, cupolas, water tanks, silos, covering not more than ten (10)
per cent of the ground area of the buildings at the base thereof,
artifical windbreaks, windmills and similar structures and necessary
mechanical appurtenances may be built and used to a greater height than
the limit established for the District in which such structures are
located, provided, however, that no structure in excess of the
allowable building height shall be used for sleeping or eating quarters,
or for any commercial purpose other than that such as may be incidental
to the permitted use of the main building.
�T. No accessory structure shall exceed twenty (20) feet in height.
K. Where private streets and/or private alleys are involved, required
yards shall be measured from the nearest wall of the main building to
the street line or alley line of said private travel way.
L. There shall be a front yard of not less than twenty (2)) feet on all
residential lots or building sites unless reduced front yards are
approved on 'site plans or tract maps by the Planning Commission, or
City Coupcil respectively.
M. There shall be a side yard of not less than five (5) feet on each
side of all residential lots or building sites unless reduced side
yards are approved on site plans or tract maps by the Planning Commission
or City Council respectively. In no case shall there be less than a
ten (10) foot side yard on the street side of a corner lot.
N. There shall be a rear yard of not less than twenty-five (25) feet on
all residential lots or building sitgs unless reduced rear yards are
approved on site plans or tract maps by the Planning Commission or
City Council respectively.
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0. In any area designated on the adopted General Plan of Development
for combination residential and commercial uses on the same lot or
building site the front and side yards :required for residential uses
may be waived when such residential was are erected above the ground
floor of a building in which the ground floor is used exclusively for
non-residential purposes.
P. Required yards are waived on residential lots regardless of required
yard provisions set forth in Subsections L, M and N of this Section
in the event of Planned Unit or Cluster subdivisions, Air Space
(condominum) form of subdivision or other forms of subdivisions
wherein land is being held in trust or otherwise for the occupants and/
or owners of the units or lots within the subdivision and wherein said
developments result in accumulations of open space for the benefit of
property owners and/or tenants residing within said developments not
usually found in standard subdivisions. In no case shall any building
be constructed within ten (10) feet of a street.
Q. The following maximum lot coverage standards shall be applied to
multiple family residential land use categories designated on the
adopted General Plan of Development as:
(1) Garden Apartment Developments:
Not more than forty (40) per cent of the total lot area shall be
devoted to main and accessory building area, driveways, open or
enclosed parking areas and covered patios. The remaining sixty
(6) per cent of the total lot area shall be devoted to open space
such as landscaping; lawn area; noncommercial outdoor recreational
facilities incidental to the residential development such as
private swimming pools, putting greens and tennis courts; walk-
ways; uncovered patio area; fences and necessary firefighting
equipment and installations; further, the open space required by
this Section shall be arranged and provided in such a manner that
it is accessible and usable for the purpose intended herein. Said
open space shall not be devoted to commercial, agricultural pur-
suits or any other activity in conflict with the stated purpose of
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this District. For purposes of the calculations required by this
Section private streets shall not be included in total lot or
building site area. Upon completion of a Garden Apartment
Development as set forth in this subparagraph (1), no portion of
the property involved in said development shall be severed or sold,
unless all open space (excluding private patios) provided for the
development is retained in trust or otherwise for the benefit of
all tenants and/or owners of any interest of any of the structures
on the original area developed as a garden apartment complex.
Further, prior to the issuance of a utility release for any
structure in the development, deed restrictions prohibiting the
elimination of said open spaces for use by the tenants and/or
subsequent owners, shall be recorded in the Office of the County
Recorder of the County of Orange, California. Said restrictions
shall include a statement that said deed restrictions shall be
irrevocable for a period of not less than thirty(30)'years unless
waived by the City Council any time during said thirty (70) year
period.
(2) Standard Multiple Family, Two Family and/or Triplex Unit Development:
The total ground floor area shall not exceed sixty (Q per cent
of the building site area.
R. Off-street parking and loading shall be provided in the manner and
number prescribed for the various land uses listed hereinbelow.
(1) Parking requirements for the various categories of Land Uses
set forth in the General Plan of Development or submitted Site
Plans shall be as follows -
USE MWMUM REQUIREMENT
One -family, two-family, three- OnePParage and/or carport to accomodate
family residence. two (2) cars for each dwelling unit.
Multiple -family: One parking space for each dwelling unit.
A. Bachelor apartment 1-1/4 parking space for each dwelling unit.
B, Ofie-bedroom apartment 1-1/2 parking space for each dwelling unit.
C. Two-bedroom apartment
Trailer Parks 1-1/4 parking space for each dwelling unit.
Rest homes, convalescent homes, One parking space for each two beds or one
sanitariums, homes for the aged. parking space for each 200 square feet of
sleeping room, whichever is greater.
USE
Boarding houses, lodging houses,
rooming houses.
Fraternities, zorgrltiss.,
dormitories, residential clubs
Hotels
Motels, tourist rooms, cabins.
General Offices and professional
offices except medical, dental
offices and clinics.
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One parking space for each quest room or
one parking space for each 150 square feet
of sleeping area, whichever is greater.
One parking space for each two beds or one
parking space for each 100 square feet of
sleeping room, whichever is greater.
One parking space for each two sleeping rooms
plus one stall for each three employees.
One parking space for each unit plus one
space for resident manager.
One stall per 350 square feet of floor area
for the first 10,000 square feet of floor
area and one stall per 500 square feet of
floor area over 10,000 squere feet.
Medical, dental offices and
One stall per 250 square feet of floor area;
clinics.
however, in no case shall there be less than
four stalls per doctor.
Union halls and buildings.
One parking stall for each 350 square feet
of office floor area plus one stall for each
70 square feet of assembly room floor area,
but not less than 1/3 of the total lot area,
whichever is greater.
Hospitals, welfare institutions.
One parking space for each patient bed, but
not less than 1/3 of the total lot area, which-
ever is greater.
General Retail, including service
One parking space for each 200 square feet
uses such as barber shops, beauty
of floor area except area devoted exclusively
parlors, service stations.
to storage.
Restaurants, cafes, night clubs
One parking stall for each two emp38ees plus
and bars.
one parking stall for each 30 square feet of
dining area or drinking area where there are
no fixed seats and/or -one stall for each
three fixed seats. (18 lineal inches of.
bench shall be considered one fixed seat.)
Theaters, auditoriums, stadiums,
One parking space for each three fixed seats
sport areans, and similar places
or for every 30 square feet of floor area
of public assembly.
where there are no fixed seats, plus one
parking space for each 2 employees. (18
lineal inches of bench shall be considered
one fixed seat.)
Mortuaries, funeral homes,
One parking space for each five fixed seats
gymnasiums, skating rinks.
or for every 35 square feet of floor area
where there are no fixed seats. (18 ]heal
inches of bench shall be considered one fixdd
seat.)
Bowling alleys. -
Four parking spaces for each alley plus one
for each 2 employees.
Golf course
Three parking spaces per hole and one space
(regulation course).
for each 35 square feet of building area used
for public assembly and one space for each
250 square feet of bd[Lding area used for
other than commercial use.
346 USE
MINIMUM REQUIREMENT
Trade schools, business collages, One parking space for every 70 square feet
commercial schools. of floor area in every classroom.
Open retail uses; e.g., nurseries, One parking space for every 500 square feet
used car lots. of lot area devoted to display plus one
space for each two employees.
Warehousing, furntire stores, One parking space for every 100D square feet
machinery sales, new car or of floor area plus one space per truck of
truck sales. the maximum contemplated number that will be
stored upon the premises at one time.
Food -to -go establishments. One parking space for each forty (40) square
feet of gross floor area.
Drive-in restaurants. One parking space for each forty (40) square
feet of gross floor area but in no case shall
there be less than 12 stalls.
Industrial uses (within a building), One parking space for each two employees
Industrial uses (outside a or for every 500 square feet of open or
building), blueprinting, printing, enclosed area devoted to the compounding,
and similar reproduction estab- manufacturing or processing of any goods or
lishments. articles, whichever is greater, plus one
stall for each vehicle used in conjunction
with the use.
Salvage yard,jmk yards., auto- One parking space for every two of the maximum
mobile wrecking yards, storage contemplated number of employees on duty at
yards, lumber yards and similar one time or ,per 5,000 square feet of lot
storage and uses,
area, whichever is greater.
Churches, chapels, religious
One parking space for each three fixed seats
meeting halls,
in the principal assembly room and/or for
every 35 square feet of seating area in the
principal assembly room where there are no
fixed seats.
Lodges, clubs, dance halls,
One stall per 200 square feet of floor area.
health studios where there are
no sleeping facilities.
Pitch and putt and minature golf
Three parking spaces per hole, plus require -
courses.
ment for accessory uses.
Grade shcools, elementary or
One stall per class room, plus require-
grammer schools, both public
went for accessory uses.,
and private, including Jr. High
schools
Senior high schools.
One stall per 150 square Set of floor area
in each classroom plus requirement for
assembly rooms, gymnasiums, auditoriums,
and similar places of public assembly.
Colleges and Universities.
1/2, stall per 20 square feet of floor area
par classroom, plus requirement for assembly
and sports areas.
Driving Ranges.
One stall per driving tee.
General Wholesale.
One stall per 300 square feet of floor area.
34'7
(2) Off-street loading space shall be required as provided hereinbelow:
On the same land therewith, every building, structure or part
thereof, erected or occupied for manufacturing, storage ware-
house, goods display, department store, market, hotel, hospital,
funeral home, laundry, dry cleaning or other use involving the
receipt or distribution by vehicle of materials or merchandise
incidental to carrying on such activity shall be provided with
sufficient space for standing, loading and unloading vehicles
to avoid undue interference with the public use of streets and
alleys. Such space shall be no less than ten fek by twenty-
five feet (10'x 25') but shall not be a part of any area used
for off-street parking purposes as required hereinabove.
(3) The parking requirements for each use or class of use contained
in paragraph (1) above shall be required for each separate use
or class of use it any development. Exception to this provision
shall be those uses which are situated in a shopping center of
four acres or more, in which case off-street parking and loading
may be provided at a ratio of one parking stall for each 250
square feet of floor area of an buildings included in the shopping
center to be developed. If professional offices and/or open retail
uses are proposed within said shopping center complex, parking
requirements for said professional offices and/or open retail
uses may be determined using those minimum requirements set forth
for open retail uses in paragraph (1) above.
(4) Open or garage parking stalls shall be not less than ten (10) feet
wide and twenty (20) feet long.
(5) Aisles to and from parking stalls shall be not 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) Twenty-three (23) feet wide for -ninth (90) degree parking.
(6) Circulation within a parking area mast be that:
(a) A car entering the parking area need not enter a street
to reach another aisle within the same parking lot.
(b) All parking stalls and garages shall be accessible and
usable.
(7) The operation and maintenance of off-street parking areas shall
348
be as follows:
(a) Bumper guards shall be provided along any lot line
which abuts a public walkway, street or alley except when
fence is required.
(b) Lights used to illuminate the parking area shall be
reacted away from abutting residences.
(c) All required stalls shall be clearly outlined on the surface
of the lot.
(d) The parking area and driveways shall be paved with asphaltic
or concrete surfacing.
(8) Parking facilities shall be located on the same lot or site or on
a lot or site contiguous thereto. Any property used for required
parking shall be under the same ownership as the uses served or
shall be restricted in such a manner as to prevent the severance
of the parking facilities and use by sale, trade, lease or any
other conveyance.
S. The following apartment uses shall be subject to the following minimum
square feet of gross floor area per dwelling --unit, exclusive of garages.
carports and unenclosed porches and patios:'= -
(1)- Bachelor apartments Four hundred and fifty (450) square feet.
(2). One -bedroom apartment: Six hundred and fifty (650) square feet.
(3) Two or more bedroom Tartment: Eight hundred f800) -square feet,
plus 100 square feet for each additional bedroom.
T. Operational Standards.
1. Commercial Uses.,
(a) All items stored or offered for sale or all activities
shall be within an enclosed building except the followig:
(1) The pump islands of service stations.
(2) Parking lots.
(3) Drive-in restaurants.
(4) Nurseries.
(5) Automobile, truck, tractor and boat sales (new and
used).
(6) Outdoor recreational uses and sidewalk cafes.
(7) Goods displayed in a recessed entryway if under the
natural save line shall be considered to be within a
building.
349
(8) Public utility electric distribution and transmission
substations.
(9) Advertising structures.
(10) Flower stands, newsstands.
(11) Display of signs.
(12) Minature golf courses.
(13) 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. Note, said approval
i
of said unenclosed use or activity shall be made by the
Site Midi Review Committee at the time of approval or
conditional approval of the Final Site Plans as set
forth in that Section captioned "Approval of Final
Site Plans" of this Ordinance, or upon written request
by the applicant prior, to or after approval of, said
Final Site Plans.
(b) Any use permitted herein may be prohibited by reason of noise,
odor, dust, smoke, steam, vibration or electrical inter-
ference with adjacent residential home accessories.
(c) -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 enterprise, and where such goods are sold
on the premises.
(d) 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 by 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 circum-
stances
ircumstances where said fence would not promote the public health,
welfare or safety.
2. Industrial Uses:
(a) Any activity permitted in this District shall be conducted
in 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.
350
(b) 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.
(c) Any permitted use to be established on a lot in the Ml
District, the rear or side lot line of which abuts residential
property shall be required to erect and maintain 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.
(d) Public utility electric distribution and transmission
substations shall be enclosed within a solid wall or chain
link fence not less than six (6) feet in height.
(e) Any person building, erecting, altering or replacing any
article, machine, equipment or other contrivance, the use of
which may cause the issuance of air contaminants, shall, prior
to the issuance of a building permit present the Planning
Department with a written statement from the Office of the
Air Polution Control Officer of the Air Polution Control
District of Orange County stating that said use shall meet
with the regulations of said Air Polution Control District.
(f) All major compounding, processing, packaging or assembly
of articles or merchandise and treatment of products, shall
be conducted within a completely enclosed building.
U. The following regulations shall pertain to the type and size of signs
permitted for the various uses set forth in the approved and adopted
General Plan of Development:
1. Residential Uses:
i
All signs shall be in accordance with the San Juan Capistrano
City Sign Ordinance No. 34.
2. Professional Uses:
All signs shall be in accordance with the San Juan Capistrano City
Sign Ordinance No. 34.
3. Commercial, Manufacturing, Research and Development Uses:
All signs shall be in accordance with the San Juan Capistrano City
Sign Ordinance No. 34; provided, however, because of the unique
351
designation of commercial, industrial, research and development,
and other non-residential categories of land Use set forth in the
approved and adopted General Plan of Development for a PC District
those provisions of Section 202 relative to signs permitted in a
C-1 zone shall apply to areas designated commercial or a form
thereof on the approved and adopted General Plan of Development;
those provisions of Section 202 relative to signs permitted in an
M-1 zone shall apply to areas designated Industrial, Research
and Development, Institutional and other similar classifications
of land use on the approved and adopted General nan of Develop-
ment.
4. Regardless of provisions set forth in Section 202 of the City
Sign Ordinance No. 34, temporary directional signs shall be
permitted without variance hearing provided an agreement be made
with the City providing."
(a) Said signs pertain solely to the rental or sale of homes being
constructed within the PC District.
(b) Said signs shall be erected on property within the PC District.
(c) Said signs shall not exceed 200 square feet and contain only
such matters as the name of the development; location of said
development, the developers name and the type of development.
(d) Said signs shall be removed within two (2) years from date of
Building Permit. The Site Plan Review Committee may grant
additional one (1) year extensions of time provided said
request is condidered reasonable in the opinion of the
Committee.
(e) That a cash bond or other surety in the amount of $100.00 shall
be deposited with the City Treasurer to assure removal of said
sign after expiration date.
(f) That the applicant shall provide the City a letter granting
the City and its authorized agents the rights of ingress and
egress to such sign location for the purpose of removal of
such sign, and shall further stipulate said deposit shall be
forfeited for the purpose of defraying the cost of removal.
Said letter and surety shall be provided the City prior to
the issuance of a building permit for the sign.
352
5. Any ambiguity relative to the application of the Sign Ordinance
No. 34 as it applies to the approved General Plan of Development
required by this District shall be resolved by the City
Administrator in the manner prescribed by City Ordinance.
6. All other provisions set forth in Ordinance No. 34 of the City
of San Juan Capistrano and not covered hereinabove shall apply to
all signs erected on property zoned PC.
V. Fences or masonry walls shall be permitted in all required yard areas _.
required by this District provided that:
1. Such fence or masonry wall on all lots shall hereafter not exceed
six (6) feet in height and three and one-half (3-1/2) feet in
height where such fence or masonry wall extends into the required
front yard, and
2. Such fence or wall shall not exceed three and one-half (3-1/2)
feet in height in the side yard on the street side of a corner
lots to include a corner lot, the rear lines of which abuts the
side line of an adjoining lot.
3. Said height shall be measured from the average finished grade
inside the fence or masonry wall line.
SECTION 23. Clarification of Uses.
If any use is for any reason omitted from the information required in
the approved General Plan of Development, or if ambiguity arises concerning the
approximate 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 of Development approved by the
City Council according to this Ordinance. If the City Administrator disapproves
said use the applicant may appeal in witting to the Planning Commission whose
decision shall be final unless appealed to the City Council.
SECTION 24. Interpretation - Administrative Authority.
Since the PC District is unique is allowing a development of a size
and scope resulting in a comma pity within a community it is impossible to
define herein provision applicable to the many ramifications of contemporary
353
land development methods. Therefore, authority is given the City Administrator
as part of his administrative function, to determine the application of the
specific requirements of this Ordinance as related 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.
Where any questions arise concerning an interpretation of the provisions
of this Ordinance, the City Administrator, 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. If .the City Council
takes no action on the report within twenty (20) working days, recommendations
of the City Administrator shall be considered approved. However, if it is
the opinion of the City Administrator the problem or change in question is of
such magnitude as to be of special interest to the City of San Juan Capistrano,
then the City Administrator shall require the applicant to modify the General
Plan of Development as set forth in that Section captioned "Method of
Amendment of General Plan of Development" of this Ordinance.
All determinations made by the City Administrator shall be in accordance
with the "Purpose" of this Ordinance. In the event the applicant is dissatifified
with any decision of the City Administrator, the applicant may appeal said
decision to the City Council.
SECTION 25. Validity.
If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional or invalid, such
decision may not effect the validity or constitutionality of the remaining
portion 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 this fact that one or more of the sections,
subsections, paragraphs, sentences, clauses or phrases, thereof be declared
unconstitutional or invalid.
SECTION 26. Penalty.
Any person violating any of the provisinns of this Ordinance shall
be guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine of not more than five hundred ($500.00) dollars or by imprisonment in
the County Jail for not more than six (6) months or by both such fines and im-
prisonment.
354
SECTION 27. Headings.
The City Council hereby declares that the headings used in this
Ordinance are for convenience only and shall in no way be referred to interpret
any section of this Ordinance.
SECTION 28. Effective Date.
This ordinance shall take effect and be in force thirty (30) days
from and after its passage.
SECTION 29. The City Clerk shall certify to the passage and adopting
of this Ordinance by the City Council of the City of San Juan Capistrano at
a regular -meeting held on the 27th day of April, 1964, and shall cause the
same to be published in The Coastline Dispatch within fifteen days after its
passage.
Passed, approved and adopted this 27th day of"April, 1964.
Mayor of the City of San J n
Capistrano
ATTEST:
City Clerk of the City of San Juan
Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF SAN JUAN CAPISTRANO)
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing and 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 27th day of April, 1964.
AYES: Councilgen: DURNFORD, OLIYARES and BATHGATE
NOES: Councilmen: NONE
ABSENT: Councilmen: CLIFF AND BUCHHEIM
(SEAL)
Ernest A. Thompson
City Clerk of the City of San Juan
Capistrano