Loading...
Ordinance Number 939 ORDINANCE NO. 939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA. ADOPTING REZONE RZ 08-001 RELATING TO VARIOUS AMENDMENTS TO THE ZONING MAP, LAND USE CODE (TITLE 9) AND COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-02 (GLENFED- LOMAS SAN JUAN) WHEREAS, in 2002, the City completed a comprehensive overhaul of the Land Use Code and Zoning Map and, in going from the old set of zoning districts to the new, certain discrepancies were inadvertently created in the zoning of some residential areas; and WHEREAS, on February 19, 2008, per secs. 9-2.309 and 9-2.315 of the Land Use Code, the City Council initiated consideration of a multi-part zoning amendment to correct the above-referenced discrepancies and referred the amendment to the Planning Commission for report and recommendation; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the state and City CEQA Guidelines, an Initial Study was prepared for the above-referenced amendments, which determined that the amendments could not have a significant effect on the environment and, in consideration of the Initial Study findings, a Negative Declaration was prepared for the project; and WHEREAS, on March 11, April 22, and June 10, 2008, the Planning Commission of the City of San Juan Capistrano conducted a duly-advertised public hearing regarding the proposed amendments and considered evidence presented by the City staff and other interested parties; and WHEREAS, on July 1, 2008, the City Council of the City of San Juan Capistrano conducted a duly-advertised public hearing regarding the proposed amendments and considered evidence presented by the City staff and other interested parties; and WHEREAS, The City Council finds that the proposed amendments will correct certain errors and discrepancies created by the 2002 comprehensive amendment and will allow property owners within the affected areas to enjoy substantially the same property rights as possessed by similarly-situated owners elsewhere in the City. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. NEGATIVE DECLARATION. The Negative Declaration and Initial Studied are hereby approved and certified as complete and attached hereto by reference. SECTION 2. ZONING AMENDMENTS. The City Council hereby approves the following zoning amendments, as further depicted on Exhibit A attached hereto: 1. Mission Hills Ranch: A rezone to change all residential lots from RSE-40,000 to RSE-20,000. 2. Hidden Mountain Estates: A rezone to change all residential lots from RSE- 40,000 to RSE-20,000 and GOS. 3. Land Use Code Text Amendment: Addition of a footnote to the open space permitted uses table (Table 3-10) of the Land Use Code (Title 9 of the Municipal Code) as follows: Table 3-10 Uses in Open Space Districts (please refer to end of table for notes) Use GOS OSR NP CP SP RP NOS RC Notes and Exceptions Accessory uses A A A A A A A A and structures incidental to the operation of a permitted use Footnote to be Added: f'' Including any accessory uses or structures permitted in conjunction with approval of an applicable tentative map or other entitlement granted by the City on or before November 15, 2002." 4. Land Use Code Text Amendment: An amendment to Note 7 in the Development Standards table (Table 3-2) of the Land Use Code (Title 9 of the Municipal Code) to allow building additions to extend up to the existing building line on side setbacks as well as the rear, to wit (additions shown double— underlined): "7 On lots with an existing building setback encroachment into a required side 0 rear yard, structural additions having the same said encroachment shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Sec. 9-3.533, Nonconforming Uses, Lots, and Structures). Notwithstanding the preceding any side setback encroachments or dwellings within the Capistrano Garden Homes 2 project area shall require a variance or an exce tp ion." 5. Land Use Code Text Amendment: Addition of Note 17 in the Development Standards table (Table 3-2) of the Land Use Code (Title 9 of the Municipal Code) as follows: "" Single family homes shall be permitted as a primary land use within the GC district in neighborhoods where existing development is predominantly single family residential. Such existing lots, on which single-family residences are the primary use, shall be subject to the single-family development standards of the RS-7000 district or other residential district as determined most applicable by the Planning Director." 6. Text Amendment to Glenfed — Lomas San Juan Comprehensive Development Plan (CDP 81-02): Addition of the following Supplementary District Regulations to both the "Single Family" and "Mixed Unit" District Regulations: 1. Development Standards for Accessory Structures and other Improvements. The following development standards shall apply: a. Accessory Structures: For open patio covers, outdoor fireplaces, play equipment, gazebos, and similar accessory structures, the following standards shall apply: (1) For projects within the Planned Community with single family detached dwellings having an average lot size of 4,000 square feet or greater, the minimum side and rear setbacks shall be 5 feet; (2) For projects within the Planned Community with attached dwellings or single family detached dwellings having an average lot size under 4,000 square feet (such as "Loma Vista" and others), the minimum side and rear setbacks shall be 3 feet. However, structures placed less than 5 feet from any lot line shall comply with higher fire rating standards, in accordance with Tables 602 and 704.8 of the California Building Code. (3) Accessory structures are not permitted in front yards. (4) Maximum height of accessory structures: 12 feet. (5) All other standards shall be in accordance with the provisions of sec. 9- 3.501. , b. Swimming Pools and Spas: Minimum distance from edge of water to any lot line: 5 feet. All other standards shall be in accordance with sec. 9- 3.551. c. Fences: In accordance with sec. 9-3.517. Fences over three feet in height are not permitted in front of the dwelling's front building line. d. Building Additions, enclosed: (1) Enclosed building additions shall not be permitted for townhouse or other attached dwellings. (2) For projects within the Planned Community with single family detached dwellings having an average lot size of 4,000 square feet or greater, the following standards shall apply: • Minimum Side Setback: 5 feet; • Minimum Rear Setback: the same distance as the height of the building addition. • Max. Lot coverage: 35% } (3) For projects within the Planned Community with single family detached dwellings having an average lot size under 4,000 square feet (such as "Loma Vista" and others), the following standards shall apply: (a) Homes, including building additions, may exceed the 35% lot coverage maximum provided: EXAMPLE -- FOR ILLUSTRATION ONLY Permitted Addition: up to 100 sq.ft. per building side Addition shall not " result in a setback less than the minimum existing setback Lot Line 0 .n Garage • Additions are limited to a maximum of 100 sq.ft. per building side; • Additions are limited to the "filling-in" of existing building insets, and such additions shall not result in a setback less than the minimum existing setback on that side of the building (see sample illustration); • Additions in the front which extend the living area closer to the street are not permitted. (b) No two-story exterior additions are permitted. (c) Any building addition not meeting the preceding requirements shall require a variance or exception. 2. Definitions for Single Family Detached Condominiums. For the purpose of this section, in single family detached condominium projects such as "Loma Vista" and others, "lot line" shall be defined as congruent with the side and rear perimeter fences, including any curves or "jogs". "Lot area" shall be defined as that area which is within the home's perimeter fence line, with the fence line in the front portion of the lot being defined as an imaginary line extended from the fences on both sides of the house to the back of sidewalk or to the curb where there is no sidewalk 3. Other Standards. All other standards shall be in accordance with the provisions of sec. 9-3.501. Section 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. Section 4. Citv Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once with fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk, PASSED, APPROVED AND ADOPTED this 17th da��4 008 e F 4 G7 r i JOO SOTO, MAYOR A TEST�i r mARGAkYT Oz. MO A)jA , bTY CLtRK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 939 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 1St day of July 2008 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 15th day of July 2008 by the following vote, to wit: AYES:/ COU CIL MEMBERS: Allevato, Uso, and Mayor Soto NOE C U CIL MEMBERS: None ABSENT NCIL MEMBERS: None AB�iTAI :;` l ! NCIL MEMBERS: Hribar and Mayor pro tem Nielsen fil MAG MON AW � ity Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, declares as follows: I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; and in compliance with State laws, Government Code section 36933(1) of the State of California, on the 29th day of June 2008, at least 5 days prior to July 15, 2008 the date of adoption of the ordinance, I caused to be posted, in the Office of the City Clerk, a certified copy of the proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA. ADOPTING RE ONE RZ 08-001 RELATING TO VARIOUS AMENDMENTS TO THE IN AP, LAND USE CODE (TITLE 9) AND COMPREHENSIVE DEVEWPM 'NT LAN (CDP) 81-02 (GLENFED- LOMAS SAN JUAN) f MA GA I , MONA AN, CITY " LER San�Jaari' Ip�istrano, alif nia �� STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, declare as follows: I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; and in compliance with State laws, Government Code section 36933(1) of the State of California. On the 17th day of July 2008 1 caused to be posted, in the Office of the City Clerk, a certified copy of Ordinance No. 939, adopted by the City Council on July 15, 2008 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA. ADOPTING REZONE RZ 08-001 RELATING TO VARIOUS AMENDMENTS TO THE ZO�f�(ING MAP, LAND USE CODE (TITLE 9) AND COMPREHENSIVE DEVELOfM NP AN (CDP) 81-02 (GLENFED- LOMAS SAN JUAN) I MARGARE NAHAN, C',�Y CLE K San Juan"Capistrano, California MISSION HILLS RANCH EXHBIT A 0 HIDDEN MOUNTAIN ESTATES sv CAPISTRANO GARDEN HOMES #1 no CAPISTRANO GARDEN HOMES #2 AND CASAS de CAPISTRANO AVENIDA LOS AMIGOS GLENFED - LOMAS SAN JUAN PLANNED COMMUNITY