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Ordinance Number 943ORDINANCE NO. 943 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A CATEGORICAL EXEMPTION AND AMENDING TITLE 9; LAND USE CODE REESTABLISHING THE PLANNED RESIDENTIAL DEVELOPMENT (PRD) ZONE DISTRICT. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. Whereas, pursuant to Government Code Section 65858, the City has completed a zoning study evaluating land use issues and has prepared a draft Zoning Ordinance; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, This project has been reviewed in accordance with the California Environmental Quality Act and the Environmental Administrator has determined that the project is exempt per section 15061 (b)(3) "The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a. significant effect on the environment, the activity is not subject to CEQA" (Section 15061(b)(3)); and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies; and, Whereas, the Planning Commission conducted a duly -noticed public hearing on August 12, 2008 pursuant to. Section 9-2.335 of the Municipal Code, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project, considered all relevant public comments, and recommended City Council approval of the project.. SECTION -2. Findings.. 1. The proposed Land Use Code amendment conforms with the goals and policies of the General Plan; The proposed reestablishment of the Planned Residential Development District is consistent with the goals and policies of the General Plan. The General Plan was last updated in 1999. The Planned Residential Development District was an existing zoning classification and no inconsistencies were established at the time. of update. Further the 0 943 proposed action would not result in development which exceeds density allowances as identified in the General Plan. Because the proposed action was not found inconsistent during the last General Plan update and no density is proposed to be increased, the proposed amendment is found to be consistent with the General Plan; and, 2. The proposed Land Use Code amendment is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare; As part of the 2002 Municipal Code update the Planned Residential Development District was removed. This created a significant number of legal non -conforming structures. The proposed Code amendment will reestablish the Planned Residential District, thus eliminating a large number of non -conformities. Because the proposed code amendment will result in the reduction of non -conformities and will result in property owners being able to share the same property rights and privileges as adjacent and adjoining property it is found to be necessary to provide for convenient and consistent property development; and, 3. The proposed Land Use Code amendment conforms with intent of the Development Code and is consistent with other applicable related provisions thereof; and The proposed Land Use Code amendment restores the rights and privileges of property owners that were reduced as a part of the 2002 Municipal Code update. The current designation does not conform and has created a significant number of legal non - conformities. Because the proposed amendment restores the rights and privileges of property owners and corrects the current nonconforming zoning designation it is found to be consistent with the Development Code; and, 4. The proposed Land Use Code amendment is reasonable and beneficial at this time.. The proposed Land Use Code amendment is reasonable and beneficial, because the proposed amendment would reduce the number of legal non -conforming structures. Further it is found to be reasonable because it does not grant special privileges that would result in development which is inconsistent with the existing character of the communities that would ultimately be affected. Because the code amendment restores the rights and privileges that were reduced as a result of the 2002 Municipal Code update it is found to be reasonable and beneficial at this time. SECTION 3. Amendment. Title 9, Land Use Code of the City of San Juan Capistrano is hereby amended as provided by Exhibit A, attached hereto and incorporated herein; and, SECTION 4. Effective Date. passage. This. Ordinance shall take effect and be in force thirty (30) days after its 0943 SECTION 5. City 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 within fifteen (15) days after passage and adoption as rewired 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) days 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 JOE s0 this/77 play of October, 2008. , MAYO 3 0943 Exhibit "A" Ordinance. Planned Residential Development Districts AMEND THE FOLLOWING SECTIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE AS PROVIDED HEREIN; Add Section 9-3.301(a)(14) to read as follows: Section 9-3.301(x)(14) Planned Residential Development District (PRD) The purpose and intent of the Planned Residential Development District (PRD) is to provide for the establishment, maintenance, and regulation of condominium residential developments. Provide a means of achieving quality, variety, and flexibility in condominium -type developments on relatively large areas of land. Provide for attractive residential developments planned as units, incorporating coordinated. building design, integrated greenbelt areas, recreation facilities within developments, a more efficient use of open space, a separation of pedestrian and vehicular traffic, and an increase in overall project amenities. Amend Section 9-3.301(b)(1) to read as follows: Table 3-1 identifies the uses permitted in the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE-40,000) Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000), Single -Family -7,000 (RS -7,0001), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG -4,000), Mission Residential District -4,000 (MRD -4000), Multiple -Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP) Districts and Planned Residential Developments (PRD). Amend Section 9-3.301(b)(4), Table 3-1, Uses in Residential Districts to add the "PRD" provisions to read is follows: Table 3-1, Uses in Residential Districts lease refer to end of table for notes oo motes and Exceptions Use 0 0 V� CS V N p Q C) Cn r) u] (n C7 0 W U :2 _ 0Y QL 0L W D� al- W . Accessory uses A A A A A A A A A A A A A A and structures incidental to the operation of a permitted use Exhibit A 0 943 Exhibit "A" Ordinance, Planned Residential Development Districts Table 3-1, Uses in Residential Districts lease refer to end of table for notes a o © Notes and Exceptions Use CD 0 C� v3 vJ CJ (n C2 6 u = f t tK t� X W C� :2 cc t! ¢ 2 a. Alcoholism P P P P P P P P P P P P P P recovery residential facilities (for 6 or fewer persons) Animal grazing, - P - - - - - - - - - - These uses are considered breeding, boarding, interim uses until residential and (raining development plans are approved. Animal raising A C C C C C - - - d - - - a. For RA District- Must be (noncommercial) in conjunction with the residential use of a lot and limited to small domesticated species, such as sheep and smaller animals. Excludes commercial livestock breeding and raising. b. For HR, RSE-40,000, RSE-20,000, RS -10,000, RS -7,000, and RS -4,000 Districts - Must be in conjunction with the residential use of a lot, wherein the lot size is greater than 15,000 square feet. Permitted species shall include rabbits, chickens, and animals of similar size. Animal slaughtering or commercial animal raising or breeding shall be prohibited. Apiaries Bed and breakfasts C C C C C C C C C C C C C C Subject to Section 9-3.509 Bed and Breakfasts. Boarding and - - - - - - - - - - P P - - rooming houses Cemeteries C C C C C C C C C C C C C Child day care C C C C C C C C C C C C -- centers Exhibit A 0 943 Exhibit "A" Ordinance, Planned Residential Development Districts Table 3-1, Uses in Residential Districts lease refer to end of table for notes aC a i Notes and Exceptions Use o n o 0 a C © c7 o �' ei a Wr © v � co IL Of � � � Q ate. Crop and tree P P - _ _ - _ - _ _ _ For HR - These uses are farming considered interim uses until residential development plans are approved. Equestrian facilities C C C C C C C C C C - _ - - a. Must be in conjunction (communal) with a subdivision. b.. Subject to Section 9- 3.515 E uestrian Standards. Family care homes P P P P P P P P C P P P P P (for 14 or fewer children) Home businesses A A A A A A A A A A A A A A Subject to Section 9-3.523 Home Business. Horse keeping A A A A - _ _ _ _ _ - - _ _ Subject to Section 9-3.515 (noncommercial) Equestrian Standards. Horse stables and C - - - _ _ _ _ _ _ _ _ Subject to Section 9-3.515 equestrian centers Equestrian Standards. (commercial) Kennels C - - - - - - - - - - - - _ Subject to Section 9-3.525 (commercial) Kennels. Kennels A C C C - R - - - - - - - - Subject to Section 9-3.525 (noncommercial) Kennels. Manufactured and P P P P P P P P- P P P P P. Manufactured or modular modular homes on structures shall not be a permanent permitted in the MDR -4,000 foundation system District. Where permitted., both types of structures shall be subject to the design guidelines of subsection (c), Development Standards of this section. Mining, oil drilling, C C C C C C C C C C C C C C Includes necessary and other resource incidental buildings and extraction appurtenances. Mobilehome parks - - - - _ - - - - - - _ C - Parks P P P P P P P P P P P P P P (Public and private) Exhibit A 0 943 Exhibit "r4 Ordinance, Planned Residential Development Districts Table 3-1, Uses in Residential Districts lease refer to end of table for notes Use a C:) a p dotes and Exceptions o � o a © IT C €-1 Liz cocn W 7 n. r; 'r W 0 Of 'T 0 5 u) u a.. T- p W T� Q a! cx W or 2i � W¢ M R - Plant nurseries and P P - - - 4 - - - - - - - - a. Includes greenhouses, storage hydroponic gardens, and similar facilities, for the purpose of growing only. b. The retail safes of products shall not be permitted. c. For HR - These Uses are considered interim uses until residential development plans are approved. Public buildings P P P P P P P P P P P P P P a. Includes public schools, and facilities museums, libraries, governmental buildings, parks, fire stations, public utility offices and exchanges, bus, and railroad stations. b. Excludes police stations and hospitals. Recreation and A A A A A A A A A A A A A A a. Tennis courts and other community centers outdoor recreational uses (noncommercial - within such centers shall public and private) conform to the requirements of Sections 9-3.501 Accessory Uses and Structures and 9-3.529 Lighting Standards. b. The outdoor night lighting of tennis courts. and other recreational uses shall not be permitted unless a conditional use permit is by the City. Recycling facilities - - - - - - - - - - - - P ....approved Subject to Section 9-3.537 Recycling Facilities. Section 9-3.537 Recycling Facilities identifies the specific allowed recycling uses. 4 Exhibit A 0943 Exhibit "A," Ordinance, Planned Residential Development Districts Table 3-1, Uses in Residential Districts lease refer to end of table for notes Use © o o 0 0 b CD C o Notes and Exceptions Q EL` fn U3 Ch 0 Co L� 0 � ,u- S cL S Cr � R_ of Cr 5; rK aL Q �E a - Religious, fraternal, C C C C C C C C C C C C C 'C Includes churches, temples, or non-profit synagogues, monasteries, organizations (non- religious retreats, and other profit) places of religious worship and other fraternal and community service or anizatlons. Residential care P P P P P P P P P P -- P facilities (6 or fewer persons) Residential care C C C C C C C C- C - - - - facilities (aver 6 persons) Residential P P P P P P P P P P P P- P dwellings (detached SFD) Residential - - - - - P - - P P P - P dwellings (attached SI=D) Residential - - - _ _ - P - - P P P - P Aust be located on a single dwelling units lot or with each dwelling on (duplex, two-family) its own lot. Residential - - _ _ - - - - - P P - P dwelling units (multiple -family - apartments and cooperatives) Residential - - - --- - P - - P P P P dwelling units (multiple -family, townhouses, condos) Residential A A A A A A - A A _ - - -. a. Allowed during the dwelling construction of a permanent (temporary) single-family residence on an individual lot in accordance with the provisions of Section 9- 3.553 Temporary Uses and Structures. Exhibit A 0943 Exhibit "A" Ordinance, Planned Residential Development Districts Table 3-1, Uses in Residential Districts lease refer to end of table for notes Use C) o 0© o oc)©o© Notes and Exceptions C:> o o v o IK u� V3 co to r- v) r CD -'r U) v C7 co E 0- i� T-0� 11� CK C! W o! 2 Q� r� Q 2 a Secondary dwelling P P P P P P P P P P - - - - a. Subject to Section 9 - unit (single-family) 3.501 Accessory Uses and Structures. b. In the MRD -4,000 District, second dwelling units shall be permitted on lots of 6,000 square feet or greater in area. Swimming schools, - - - - - - --- - - C C - - a. Must be deemed by the tennis clubs and Planning Commission to be schools, and compatible with the existing similar activities or proposed residential uses. Tennis/sports A A A A C C - C C - - - - - a. The requirements of courts, swimming Sections 9-3.501 Accessory pools, and similar Uses and Structures and 9 - improvements on 3.529 Lighting Standards. individual residential lots b. The outdoor night lighting of such tennis courts or other recreational uses shall not be permitted unless a conditional use permit is approved by the Ci!y. * Other uses may be allowed in the RM District with a conditional use permit if they are deemed by the Planning Commission to becompatible with the existing or proposed residential use. P = Principal use permitted by right - = Not permitted A = Accessory use permitted by right (subject to Section 9-3.501 Accessory Uses and Structures) C Conditional use permit required subject to Section 9-2.317 Conditional Use Permit Amend Section 9-3.301(c)(1) to read as follows; Table 3-2 identifies the development standards for the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSI. �-40,000) Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000); Single-Familyl-7,000 (RS -7,000), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG -4;000), fission uniple-t-amity (KIA ), HttOraai)ie 6 Exhibit A 0943 Exhibit "A" Ordinance, Planned Residential Development Districts Family/Senior Housing (AF/SH), Mobilehome Park (MHP) Districts, and Planned Residential Development District (PRD). 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LO (D rl_ co CYC ra LU m 0 Table 3-2 Add Section 9-3.301(c)(4) to read as follows: (5) Planned Residential Development District; The following development requirements shall apply in the Planned Residential Development (PRD) District. (A) Recreational facilities: Developments shall provide outdoor recreational facilities for the residents of the developments. Such facilities may include swimming pools and cabanas, tennis and volley ball courts, open playing fields, children's play equipment, and similar facilities. (B) Homeowners Associations. A homeowners association shall be created to maintain all the recreational facilities and landscaping and to assume other responsibilities as appropriate. The organization, legal authority, duties, and obligations for such homeowners associations shall be set forth in a set of Codes, Covenants, and Restrictions (CC&R) to be approved by the planning commission and recorded with the final tract map. Such CC&R shall incorporate provisions for the City to take over or otherwise provide for the maintenance of all recreational facilities, landscaping, and common areas should the City determine that adequate maintenance is not being performed. (C) Development Plans: Plans approved by the City during the development review process shall not be altered, unless such alteration is approved by the Planning Commission or the Community Development Director as Aefined in Section 9- 3.301(c)(5)(E). (D) Development Standards: For the purposes of this section, "lot cluster" shall mean any single lot, or group of adjacent lots having a single perimeter boundary enclosing all of the lots. For example, four (4) attached townhomes would have contiguous lots, a single perimeter boundary, and would constitute a lot cluster. The following development standards shall apply in the Planned Residential Development (PRD) District: 11 Exhibit "A" Ordinance, Planned Residential Development Districts (i) The minimum distance between lot clusters shall be fifteen (15') feet. (ii) The maximum number of lots within each lot cluster shall be eight (3)• (iii) The minimum distance between any building and a private street shall be ten (10') feet. (iv) The minimum distance between any building and a public street shall be twenty (20') feet. (v) The minimum distance between any building and project boundary shall be twenty (20') feet for single story units and thirty (30') feet for two-story units. (vi) The architectural features of buildings, such as eaves, cornices, chimneys, and similar minor outcroppings, may extend beyond an individual lot line into.a project common area a maximum of three (3') feet. (E) Exceptions: All alterations to development plans shall adhere to section 9=3.301(c)(4)(C) except as follows: (i) Minor Alterations (structural); The Community Development Director or their designee may approve an addition not to exceed 10 % of the existing building area or 500 square feet whichever is less provided the following conditions are met; • The area of addition does not exceed the setbacks of the existing structure, as established for the existing residential dwelling unit. • The proposed addition is architecturally integral to the structure. • The proposed addition is located on property owned exclusively by the property owner of the existing residential dwelling unit and is not under common ownership. • The proposed addition meets all of the development standards as established within the Planned Residential Development District. (ii)Minor Alterations (accessory structures); The Community Development Director or their designee may approve accessory structures provided the following conditions are met; 12 Exhibit A 0943 Exhibit "A" Ordinance, Planned Residential Development Districts • The accessory structures are open structures which do not add habitable living space and are attached to the principal structure onsite. • Prior to approval the applicant shall provide written approval of the proposed accessory structure by the subject Homeowner's Association. • The proposed addition meets all of the development standards as established within the Planned Residential Development District. Amend Section 9-3.301 (d) to read as follows: Projects proposed within the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE-40,000) Single -Family -20,000 (RSE-20,000), Single - Family -10,000 (RS -10,000), Single-Familyf-7,000 (RS -7,000), Single -Family -4,000 (RS4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG - 4,000), Mission Residential District Residential -4,000 (MRD -4000), Multiple -Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP) and Planned Residential Development PRD Districts shall be subject to applicable review procedures as set forth in Article 3 Development Review Procedures of Chapter 2 of this title. Amend Section 9-3.301(e) to read as follows: For sign, parking, fence, swimming pool, and similar regulations for the Residential/Agriculture.(RA), Hillside Residential (HR), Single -Family -40,000 (RSE- 40,000) Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000), Single-Familyf-7,000 (RS -7,000), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 - (RG -4,000), Mission Residential District -4,000 (MRD-4000),Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP) and Planned Residential Development (PRD) Districts, see Article 5 Supplementary District Regulations of this chapter. . 13 Exhibit A 0 943 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) 1, 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. 943 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 16TH day of September 2008 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 71h day of October 2008 by the following vote, to wit: AYES: COUNCIL MEMBERS: Allevato, Hribar, Uso, Nielsen, and Mayor Soto NOES COUN IL MEMBERS. None ABSENT: COU IL ME BER None MONAHAN, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ] ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO) I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 10th day of September 2008, at least 5 days prior to October 7, 2008, the date of adoption of the ordinance, I caused to be posted, in the City Clerk's Office a certified copy of the proposed Ordinance entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A CATEGORICAL EXEMPTION AND AMENDING TITLE 9, LAND USE CODE REESTABLISHING THE PLANNED RESIDENTIAL DEVELOPMENT (PRD) ZONE DISTRICT �R ARET R. MONAHAN, CITY CLERK n J an Capistrano, California STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO) 1, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California. On the 8T day of October 2008 1 caused to be posted, in the City Clerk's office, a certified copy of Ordinance No. 943, adopted by the City Council on October 7, 2008 entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A CATEGORICAL EXEMPTION AND AMENDING TITLE 9, LAND USE CODE REESTABLISHING THE PLANNED, RESIDENTIAL DEVELOPMENT (PRD) ZONE DISTRICT MARGARET R. MONAHAN, CITY CLERK San Juan Capistrano, California