Loading...
Ordinance Number 1042ORDINANCE NO. 1042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 1, GENERAL PROVISIONS, TITLE 5, PUBLIC WELFARE, TITLE 6 SANITATION AND HEALTH, AND TITLE 9, LAND USE, CHANGING ENFORCEMENT PENALTIES AND CLARIFYING REGULATIONS OF LOUD NOISE, OTHER NUISANCES, AND LODGING USES CITYWIDE WHEREAS, for some time the current zoning code has banned transitory lodgings, as "boarding houses," in most residential zoning districts; and WHEREAS, in spite of that, from time to time property owners have attempted to rent out their properties as transitory lodgings in violation of the zoning code; and WHEREAS new, internet-based technologies have dramatically altered the nature of the transitory -lodging industry in terms of the offering and acquisition of rentals and the number of people attracted to transitory lodgings in residential zones; and WHEREAS, an increasing number of people are illegally renting lodgings in residential zones, lodgings are a more intense use than domiciles, and the operation of lodgings in residential zones escalates the demand for City services and creates adverse impacts on the residential environment; and WHEREAS, the City and sheriff have received and continue to receive complaints regarding excessive noise, parking, litter, disorderly conduct, and concerns regarding security and public safety at illegal lodgings; and WHEREAS, the City, by virtue of the police powers delegated to it by the California Constitution and statute, has the authority to enact laws to promote the health, safety, and general welfare of its residents; and WHEREAS, the negative impacts of illegal transitory lodgings are not isolated to the City but are a matter of statewide concern, which many cities have recently regulated. The problem also has regional implications in that the regulatory actions of neighboring cities can exacerbate the negative impacts of legal and illegal transitory lodgings in residential areas of the City if the City does not adopt and enforce appropriate regulations to promote the health, safety, and general welfare of its residents; and WHEREAS, the intent of this amendment is to protect the public health, safety, general welfare, and quiet enjoyment of residential property, rather than to punish; and WHEREAS, the City desires to protect neighborhoods from nuisances and other adverse effects resulting from the illegal operation of transitory lodgings; and 1 Ord 1042 WHEREAS, residents have expressed public -safety and general health and welfare concerns about adverse effects of illegal transitory lodgings; and WHEREAS, the proliferation of illegal transitory lodgings impacts the residential character of neighborhoods; and WHEREAS, the commercialization of residential properties, and the proliferation of illegal transitory lodgings in particular, drives up rents by reducing the stock of affordable housing; and WHEREAS, state law has changed over the years and some of the City's definitions of land -use terms no longer reflect the terminology used in state law; and WHEREAS, developments in the law unrelated to land use require the City to update some of its code provisions that address penalties and enforcement; and WHEREAS, City staff and the City Attorney have identified provisions of the Code that are unnecessarily complicated or ambiguous and potentially difficult for members of the public to navigate and City staff to implement; and WHEREAS, City staff and the City Attorney recommend that the City clarify these provisions; and WHEREAS, the City Council has reviewed and considered the agenda reports prepared in connection with those hearings (including the policy considerations discussed therein) and the written and oral testimony received in those hearings; and WHEREAS, the City Council has also reviewed and considered the Planning Commission's recommendation, and the agenda report and other evidence that was considered by the Commission, in connection with the proposed amendments that affect the City's zoning code; and WHEREAS, State CEQA Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a "project" as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and therefore are exempt from CEQA and no further environmental review is required NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council here incorporates and adopts the foregoing recitals and accompanying staff report as findings as though they were fully set forth herein. 2 Ord 1042 Section 2. Compliance with the California Environmental Quality Act. Based upon all the evidence presented in the administrative record, including but not limited to the staff report for the proposed Zoning Amendment, the City Council hereby finds and determines that the proposed Zoning Amendment is not a "project" for purposes of CEQA and is exempt from further CEQA review pursuant to State CEQA Guidelines sections 15378(b)(2) and 15378(b)(5). Specifically, this Zoning Amendment clarifies already existing Municipal Code provisions, will allow the City to better enforce existing prohibitions, will bring the Municipal Code into line with state law, and will not allow any new or different land uses than are already permitted in the City's Zoning Code. Therefore, this Zoning Amendment constitutes ongoing administrative activities and will not result in any direct or indirect physical changes in the environment. No further environmental review is necessary at this time. Section 3. With regard to Code Amendment 16-004, the City Council finds as follows: 1. The proposed Zoning Amendment is consistent with the General Plan because it provides for the fulfillment of the General Plan's intent and policies, including: A. Land Use Goal 2, which states, "Control and direct future growth within the City to preserve the rural village -like character of the community," and Land Use Policy 2.2, which states, "Assure that new development is consistent and compatible with the existing character of the City," in that the disturbances caused by illegal transitory -lodging uses in residential neighborhoods are a threat to the public health, safety, general welfare, and to the quiet enjoyment of residential property, and the proposed amendment limits the use of residential property for transitory -lodging purposes to a level of impact that maintains compatibility with surrounding residential neighborhoods by clarifying existing regulations from being established in all but two residential zoning districts. B. Land Use Goal 7, which states, "Enhance and maintain the character of neighborhoods," and Land Use Policy 7.1, which states, "Preserve and enhance the quality of San Juan Capistrano neighborhoods by avoiding or abating the intrusion of non- conforming buildings and uses," in that the disturbances caused by illegal transitory -lodging uses in residential neighborhoods are a threat to the public health, safety, general welfare, and to the quiet enjoyment of residential property, and the proposed amendment limits the use of residential property for transitory -lodging or commercial treatment purposes to a level of impact that maintains compatibility with surrounding residential neighborhoods by clarifying existing regulations from being established in all but two residential zoning districts. 3 Ord 1042 C. Land Use Policy 1.2, which states, "Encourage commercial, tourist - oriented, and industrial development that is compatible with existing land uses within the City to improve the generation of sales tax, property tax, and hotel occupancy tax," in that the proposed amendment allows for the focused continuation and potential expansion of transitory -lodging uses in limited higher -density residential zoning districts and in non-residential zoning districts. D. The current Housing Element, which states that "Location of housing is also an important factor for many persons with disabilities, as they often rely upon public transportation to travel to necessary services and shops," in that to the extent that transitory - lodging uses might serve persons with disabilities, those persons will benefit from the proposed location of those uses in and around higher density residential areas where public transportation is available. E. Noise Goal 1, which states "Minimize the effects of noise through proper land use planning," and Noise Policy 1.1, which states "Utilize noise/land use compatibility standards as a guide for future planning and development decisions," in that the proposed amendment places transitory -lodging uses, which tend to generate more noise than typical single-family residences, in areas that are more compatible with higher noise levels. F. Noise Goal 2, which states "Minimize transportation -related noise impacts," Noise Policy 2.1, which states "Reduce transportation - related noise impacts to sensitive land uses through the use of noise control measures," and Noise Policy 2.2, which states "Control truck traffic routing to reduce transportation -related noise impacts to sensitive land uses," in that the proposed amendment locates transitory -lodging uses, which on average generate more trips than do long-term residential uses, in areas that are compatible with higher noise levels. G. Noise Goal 3, which states "Minimize non -transportation -related noise impacts," and Noise Policy 3.1, which states "Reduce the impacts of noise -producing land uses and activities on noise - sensitive land uses," in that the proposed amendment locates transient -lodging uses, with their higher noise levels, among compatible uses and away from more noise -sensitive residential areas. H. Community Design Goal 1, which states "Encourage and preserve a sense of place," and Community Design Policy 1.3, which states "Encourage the participation of all members of the community in activities which promote the City and create local pride," in that the 4 Ord 1042 proposed amendment strikes a balance between the desire for appropriate transitory -lodging uses to serve visitors, who do not often engage in community activities, and permanent -residence uses that invite and facilitate long-term residents who are more likely to participate in community activities and invest their time and energy in building the community. The current Housing Element, which recognizes that the City has an overcrowding problem and "does not have an adequate supply of affordable housing and/or housing units," for long-term residents, "especially for large families," in that the proposed amendment establishes appropriate and balanced restraints on transitory - lodging uses to prevent the unchecked conversion of long -term - housing stock to potentially more profitable transitory -lodging uses. 2. The proposed Zoning Amendment will not adversely affect the public health, safety, or welfare, in that the proposed amendment achieves the goals of the General Plan as they relate to residential zones for the reasons listed above. Additionally, the proposed amendment assuages the negative impacts created by new, internet-based technologies that have dramatically altered the nature of the short -term -rental industry in terms of the offering and acquisition of rentals, the number of people staying in transitory lodgings in residential zones, and the impact that these uses and transitory populations have on traditional residential neighborhood settings by appropriately transitory -lodging uses to maintain compatibility with surrounding residential neighborhoods. Furthermore, the negative impacts of short-term lodgings and other interim uses are not a problem that is isolated to the City but are a worldwide issue and which many cities have recently regulated. The problem has regional implications affected by the regulatory actions of neighboring cities that could escalate the negative impacts of illegal transitory lodgings in residential zones if the City does not have clear and appropriate zoning standards to promote the health, safety, and general welfare of its residents. The proposed amendment preserves the existing restrictions on transitory -lodging in residential zones to maintain compatibility with traditional neighborhood environments, while also clarifying terms and their application. Section 4. Chapter 2 of Title 1 of the municipal code is hereby amended to add or revise the following sections as follows (sections not listed are not changed): Sec. 1-2.01. Violations. (a) No person shall violate any provision, or fail to comply with any of the requirements of this code, any duly adopted code, or any state or federal law or regulation. Each such person shall be guilty of a separate offense for each and every day during which such violation continues. 5 Ord 1042 (b) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, any duly adopted code, or any state or federal law or regulation, shall be guilty of a misdemeanor unless this Code expressly declares the particular violation to be an infraction. However, any violation that constitutes a misdemeanor under this Code may be prosecuted by the City Attorney and cited by the issuing officer as an infraction at his or her discretion. (c) Any person convicted of a misdemeanor for a violation of any provision of this code, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment. (d) Any person convicted of a violation determined to be an infraction under the provisions of this code, or any duly adopted code, or any state or federal law or regulation, shall be punished by a fine not exceeding one hundred dollars ($100.00) for the first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year, and a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year. (e) Notwithstanding subsection (d), any person convicted of a violation determined to be an infraction under the provisions of any city building and safety code, or any duly adopted building and safety code, shall be punished by a fine not exceeding one hundred dollars ($100.00) for the first violation, a fine not exceeding five hundred dollars ($500.00) for a second violation of the same ordinance within one year, and a fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one year. (f) In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code, or any state or federal law or regulation, shall be deemed a public nuisance and may be summarily abated, as such, in any manner prescribed by law. Sec. 1-2.02. Prohibited acts. (a) Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (b) It is a separate violation of this Code for any responsible party to advertise an activity or use that is itself a violation of this Code and that is advertised to take place within the City. For purposes of this subsection 1-2.02(b), a responsible party includes the property owner, business owner, operator, manager, lessor, lessee, and any other person that conducts or offers to conduct the illegal activity or use, but it does not include a person who 6 Ord 1042 publishes the advertisement, such as a newspaper publisher or online booking service. Sec. 1-2.03. [Reserved]. Sec. 1-2.04. [Reserved]. Sec. 1-2.05. [Reserved]. Sec. 1-2.06. Fees, fines, costs, charges, and taxes made a civil debt. The amount of any fee, fine, costs, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owed to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, fine, costs, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof. Sec. 1-2.07. [Reserved]. Sec. 1-2.10. Nuisances —Recovery of abatement expenses. (a) Whenever any person creating, causing, committing, or maintaining a public nuisance, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within the notice. (b) Costs and expenses, as referred to in subsection (a) of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs and expenses, including attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting monies due hereunder. (c) The liability of any person for the payment of the costs and expenses provided for in this section may be waived in whole or in part by the City 7 Ord 1042 Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice was based on a good faith and bona fide issue of law or fact specifically involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard is final and conclusive and is not subject to appeal. (d) Money due to the City under this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment or lien proceedings, or both, against the parcel of land on which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings in Chapter 7 of Title 6 of this Code relating to weed abatement assessments. Sec. 1-2.11. [Reserved]. Section 5. Chapter 5 of Title 1 of the municipal code, is hereby amended to revise the following section to read as follows: Sec. 1-5.01. Officers authorized. (a) It shall be the duty of the City Attorney, the City Manager, and those Enforcement Officers (as defined by section 1-7.02) to enforce laws of the City. Without limiting the nature of the preceding, the City Attorney is hereby authorized to institute any civil action in order to prevent, abate or otherwise remedy any violation of any City ordinance, any condition of approval, or any permit, license or order issued by the City. Such relief may include, but shall not be limited to injunctive relief, mandatory injunctive relief, declaratory relief, monetary relief, or any combination thereof. (b) The City Manager is authorized to appoint the Enforcement Officers who shall meet the qualifications and training requirements established by the City Manager for such position. The City Manager is further authorized to establish rules and procedures governing the conduct of the Enforcement Officers. Section 6. Chapter 7 of Title 1 of the municipal code, is hereby amended to revise the following section to read as follows: Sec. 1-7.12. [Reserved]. Section 7. Article 2 of Chapter 1 of Title 3 of the municipal code, is hereby amended to revise the following section to read as follows: 8 Ord 1042 Sec. 3-1.204. Lessors of property. Each person and each separate entity engaged in the business of letting, leasing or renting out one or more separate parcels of property located within the City shall be subject to the following license tax: (a) Residential. The annual license tax for all apartment houses, mobile home parks, recreational vehicle parks, and hotels shall be fifteen dollars ($15.00), plus one dollar ($1.00) for each unit or space in excess of four (4) such units or spaces. Rooms, second (2nd) units in single-family residences or lots, duplexes and triplexes are exempt from this tax. (b) Nonresidential. Lessors of nonresidential properties shall pay an annual license tax of twenty-five dollars ($25.00) for the first person employed and five dollars ($5.00) for each additional employee. Section 8. Subparagraph (a) of Section 3-3.103 of Article 1 of Chapter 3 of Title 3 of the municipal code, is hereby amended as follows: Sec. 3-3.103. Definitions. For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows: (a) "Commercial unit" shall mean any space in a building or structure designed or intended to be occupied or used for business or commercial purposes, including sleeping rooms in hotels. Section 9. Subparagraph (a)(4) of Schedule A and Subparagraph (a)(4) (erroneously published as (a)(C)) of Schedule B of Section 3-3.104 of Article 1 of Chapter 3 of Title 3 of the municipal code, are hereby amended to read in relevant parts - as follows: Sec. 3-3.104. Taxes: Imposed: Rates Schedule A (a) Residential. (4) For each hotel room without a kitchen, excluding bathrooms: $25.00 per unit. 9 Ord 1042 Schedule B (a) Residential. (4) For each hotel room without a kitchen, excluding bathrooms: $35.00 per unit. Section 10. Article 3 of Chapter 6 of Title 4 of the municipal code, is hereby amended to revise the following section to read as follows: Sec. 4-6.313. Parking in parkways and front yards. (a) It is unlawful for any person to stop, stand, or park a vehicle within any parkway. (b) It is unlawful for any person to stop, stand, or park a vehicle in the front yard area of any residentially used lot or parcel of land, except in a paved driveway or parking space. All wheels of the vehicle must be parked on the paved surface. For purposes of this subsection 4-6.313(b), the following definitions apply: (1) "Front yard area" means any area that is not a paved driveway, that is between the front elevation of the residential building and the front property line of the lot or parcel, and that extends the entire width of the lot or parcel. (2) "Paved driveway" means a paved strip of land that meets all applicable zoning and building regulations of the city, that provides access from the street to an approved garage, carport, or parking space, and that has a single access point. The paved driveway may have two access points only if the driveway is semi -circular in nature. This section shall not be construed to permit the paving of all or any portion of a front -yard area without first complying with all applicable zoning and building codes and regulations of the city. (3) "Parking space" means a paved area within the front yard area that meets all applicable zoning and building regulations of the city and that is of sufficient size to be used for the express purpose of parking a vehicle. 10 Ord 1042 Section 11. Subparagraph (c) of Section 5-21.04 of Chapter 3 of Title 3 of the municipal code, is hereby amended to read in relevant part as follows: Sec. 5-21.04. Rules and regulations applicable in City parks and facilities. The following rules and regulations apply in all City parks unless expressly stated otherwise elsewhere in this title: (c) Amplified sound in parks. The following provisions are enacted for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by constitutional rights of free speech and assembly, the City nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens to privacy and freedom from the public nuisance of loud and unnecessary sound. This subsection (c) applies in addition to, and not instead of, any other applicable noise regulation in this Code. Section 12, Chapter 30 of Title 5 of the municipal code, is hereby amended to revise the following section to read as follows: Sec. 5-30.01. Loud Noise. (a) No person shall make, cause or suffer, or permit to be made any noise or sound that is unreasonably loud or disturbing to persons of ordinary sensitivity, or that is so harsh or so prolonged or unnatural or unusual in its use, time or place as to occasion discomfort to persons of ordinary sensitivity. This includes but is not limited to noise that is plainly audible from a distance of 25 feet. (b) The provisions of this section do not apply to noise or sounds generated in connection with any of the following: 1. Emergency vehicle response sounds or sounds from necessary equipment utilized by members of law enforcement, the fire department, paramedics or other emergency responders for the purpose of responding to an emergency or necessary to restore, preserve, protect, or save lives or property from imminent danger of loss or harm. 2. Safety and warning devices, including but not limited to, train horns and railroad crossing warning systems, that are made consistent with applicable state and federal laws. 11 Ord 1042 3. The installation, maintenance, repair, or replacement of public utilities or public infrastructure conducted by the city, another public entity or a public or private utility company, or their agents, contractors, or employees, while undertaking a public works project, subject to allowable construction times. 4. School -related activities or programs, including, but not limited to, athletic and entertainment events and activities, provided that said activities are conducted on the grounds of a public or private school or college or on public property. 5. Noise from special community events provided that said events are conducted by the city or in accordance with a permit or license issued by the city, including, but not limited to, occasional outdoor events and activities, outdoor gatherings, public dances, shows and sporting and entertainment events. 6. Any activity to the extent that regulation thereof is preempted by state or federal law. Section 13. Subparagraph (1) of Section 6-12.05 of Chapter 12 of Title 6 of the municipal code, is hereby amended to read in relevant part as follows: Sec. 6-12.05 Mandatory restrictions on water waste at all times. (1) Visitor -Serving Facilities. The owner and manager of each hotel, restaurant, and other visitor -serving facilities shall ensure that such facilities display, in places visible to all customers, placards or decals promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited. Hotels shall give guests the option to reuse towels and linens. Section 14. Article 4 of Chapter 2 of Title 9 of the municipal code, is hereby amended to revise the following section to read as follows: Sec. 9-2.401. Nuisances. (a) Any use of property in a manner that is not in compliance with the provisions of this Title or that violates any other provision of this Code is a public nuisance. It is hereby declared to be a nuisance to make, cause, or permit to be made or caused on any premises any action that is physically annoying to persons of ordinary sensitivity or that is so harsh or so prolonged or unnatural or unusual in its use, time, or place as to occasion 12 Ord 1042 physical, mental, or emotional discomfort in a person of ordinary sensitivity. (b) General performance standards. The following requirements apply to the use of land throughout the City. Any violation of these performance standards is a public nuisance and is subject to abatement under to Section 9-1.201 and other applicable provisions of law. (1) Vibration. The generation of vibration of a duration and intensity so as to be excessive, disturbing, or objectionable to persons of ordinary sensibility located offsite, shall not be permitted. (2) Temperature. No operation or activity shall emit heat or cold which would cause a temperature increase or decrease on any adjacent property in excess of ten (10) degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure. (3) Illumination. No operation, activity, sign, or lighting fixture shall create illumination on adjacent property that exceeds one foot- candle, whether the illumination is direct or indirect light from the source. (4) Odor. No operation or activity shall be permitted to emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable, which is detectable, with or without the aid of instruments, at or beyond the property line. (5) Electronic disturbance. No operation or activity shall cause any source of electrical or electronic disturbance that adversely affects persons or the operation of any equipment on any other lot or that is not in conformance with - the regulations of the Federal Communications Commission. (6) Air pollution. No operation or activity shall cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution which can cause damage to health, animals, vegetation, or other forms of property, or which can cause excessive soiling on any other lot. No emission shall be permitted which exceeds the requirements of the South Coast Air Quality Management District. (7) Flammable and explosive material. Any operation or activity involving the storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire or explosion, and adequate fire fighting and fire suppression equipment and devices in accordance with the requirements of the 13 Ord 1042 Orange County Fire Authority. Burning of waste materials in an open fire is prohibited. (8) Radioactive materials. No operation or activities shall be permitted which result at any time in the release or emission of any fissionable or radioactive materials into the atmosphere, the ground, or sewer system. (9) Runoff and water quality. No operation or action shall discharge at any point into any public or private street, public or private sewer, stream, body of water, or into the ground, any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with applicable standards approved by governmental agencies having jurisdiction. All grading, grubbing, clearing, soil disturbance, and/or construction operations shall comply with the erosion control and best management practices of the City's current permit for the National Pollution Discharge Elimination System (NPDES), as it may be amended from time to time. (10) Noise. Generation of any noise not in conformance with applicable noise provisions of the Municipal Code, including Sections 5- 21.04(c), 5-30.01, and 9 3.531 of this title. Section 15. Table 3-1 of Section 9-3.301 of Article 3 of Chapter 3 of Title 9 is hereby amended to read in relevant part as follows: Sec. 9-3.301. Residential districts. (b) Uses regulations. 14 Ord 1042 Table 3-1 Uses in Residential Districts (please refer to end of table for notes) Use RA IHR 'RSE- IRSE- RS- RS- RG- RS- 'MRD- RG RM' VHD MHP PRD Notes and ,40,000 20,000 10,000 7,000 7,000 4,000 14,000 4,000 Exceptions a. Subject to Section 9-3.501, I Accessory Uses and Structures. b In the MRD -4,000 Accessory dwelling— P P P P P P P P P P — District, accessory unit (single-family) dwelling units shall be permitted on lots of 6,000 square feet or greater in area. Accessory uses and structures incidental to A A A A A A ,A A A A Al A A A the operation of a permitted use coholism or drug -cruse recovery or See Cal. Health & treatment residential Code facilities that are P P P P P P P P P P P P P P 11834.02 and §§ 1 licensed b the state y 11834 23. 11 for a maximum of six or fewer persons These uses are considered interim Animal grazing, uses until breeding, boarding, P — — — — residential and training development plans are approved. a. For RA District— Must be in conjunction with the residential use of a lot and limited to small domesticated species, such as Animal raisin g A C C C C C sheep and smaller (noncommercial) _ — _ _ animals. Excludes commercial livestock breeding and raising. b. For HR, RSE- 40,000, RSE- 20,000. RS -10,000, 15 Ord 1042 Use IRA IHR :RSE- RSE- RS- RS- RG- RS- IMRD- RG- RM' 'VHD MHP PRD Notes and 40,000 20,000 10,000 7,000 7,000 4,000 4,000 -4,000 Exceptions 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 C — — — — — — — to Section Bed and breakfastSubject C C C C C IC C C C C C C C C 9-3.509, Bed and establishments Breakfasts. Boarding and rooming — — — — _ — — IP P — houses, Long-term Boarding and rooming — — — — — IP P houses, Short-term Cemeteries C C C C C C C C C C C C C Includes synagogues, temples, mosques, and other buildings used for the Church, religious, or C C C C C C C C C C C C C C purposes herein -fraternal but excludes day care centers, and private and/or secondary educational facilities. Community care facilities that are See Cal. Health & licensed by the state P P P P P P P P P P P P P P Saf. Code for a maximum of six § 1502(a)(1)–(18) or fewer persons 16 Ord 1042 17 Ord 1042 RA HR IRSE- RSE- RS- RS- RG- RS- MRD- RG- RM' VHD MHP Notes and PRD �e ,40,000 20,000 10,000 7,000 7,000 4,000 .4,000 4,000 Exceptions For HR—These uses are considered interim (Crop and tree farming P P — — — — — uses until residential development plans are approved. See Cal. Health & Day care centers — — — — — ;Saf. Code § 1596.76. a. Must be in conjunction with a subdivision. Equestrian facilities C C C C C C C C C C (communal) b. Subject to Section 9-3.515, Equestrian Standards. I�smlly day care home, C C C C C C C C C C C C C C irge Family day care home, ,P P IP P P P P P P P P P P P Small Subject to Section Home businesses A A A A A A A A A A A A A A 9-3.523, Home Business. Subject to Section Horse keeping A A A A — — — — — — 9-3.515, Equestrian (noncommercial) Standards. iHorse stables and Subject to Section equestrian centers C — — — — 9-3.515, Equestrian (commercial) Standards. Hotels — — — — — — — Subject to Section commercial Kennels (commercial) C — — — — — — — 9-3.525, Kennels. ennels Subject to Section ioncommercial) ,A C C C — — — — — 9-3.525, Kennels. 17 Ord 1042 Use RA IHR IRSE- RSE- RS- IRS- RG- RS- IVIRD- !RG- RM" VHD MHP PRD Notes and ,40,000 20,000 10,000 7,000 7,000 4,000 4,000 4,000 Exceptions Manufactured or modular structures shall not be permitted in the MDR -4,000 District. Manufactured and Where permitted, modular homes on a P P P P P !P P P P P IP P P both types of permanent foundation structures shall be system subject to the design guidelines of subsection (c), Development Standards, of this section. Includes necessary Mining, oil drilling, and incidental buildings other resource C C C C C C C C C C C C C C and extraction appurtenances. Mobilehome parks — — — — — — — C Parks (public and P P iP P P IP P P IP P P IP P P private) a. Includes greenhouses, hydroponic gardens, and similar facilities, for the purpose of growing only Plant nurseries and b. The retail sales storage P P — — — — — of products shall not be permitted. c. For HR—These uses are considered interim uses until residential development plans are approved a. Includes public schools, museums, libraries, Public buildings and P IP IP P P IP P P P P P P P P governmental 'facilities buildings, parks, fire stations, public utility offices and exchanges, bus, and railroad 18 Ord 1042 19 Ord 1042 IRA HR RSE- RSE- RS- IRS- RG- RS- MRD- RG- RM` VHD MHP PRD Notes and ;e 40,000 20,000 10,000 -7,000 7,000 4,000 4,000 4,000 Exceptions stations. Ib. Excludes police stations and I hospitals. a. Tennis courts and other outdoor recreational uses -within such centers shall conform to the h requirements of Sections 9-3.501. Accessory Uses and Structures, and Recreation and 9-3.529, Lighting community centers A A A A A A A A A A A A A A Standards. (noncommercial public and private) b. The outdoor night lighting of tennis courts and other recreational uses shall not be permitted unless a conditional use permit is approved by the City. Subject to Section 19-3.537, Recycling Facilities. Section Recycling facilities — — — — — — — P — 9-3.537, Recycling Facilities, identifies the specific allowed recycling uses. Residential dwellings p IP P P P P P P P P P P P .(detached SFD) Residential dwellings — — p — IP P IP — P attached SFD) t - Must be located on Residential dwelling a single lot or with units (duplex, two- — — — — P — P P P P each dwelling on its family) own lot. Residential dwelling units (multiple -family, _ _ _ — p p — P aoartments and )operatives) 19 Ord 1042 Use RA HR RSE- RSE- RS- RS- i RG- IRS- MRD- RG- IRM* 'VHD IMHP PRD Notes and 40,000 20,000 10,000 7,000 7,000 4,000 4,000 4,000 Exceptions Residential dwelling units (multiple -family, — — — — P P IP P — P townhouses, condos) Allowed during the construction of a permanent single- family residence on Residential dwelling A A A A A ,A ,A A _ an individual lot in (temporary) accordance with the provisions of Section 9-3.553, Temporary Uses and Structures Must be deemed by Swimming schools, the Planning tennis clubs andCommission to be schools, and similar — — — — C C — — compatible with the activities existing or proposed residential uses. a. The requirements of Sections 9-3.501, Accessory Uses and Structures, and 9-3.529, Lighting Standards. Tennis/sports courts, swimming pools, and similar improvements ,A A A A C C — C C — b. The outdoor on individual night lighting of residential lots such tennis courts or other recreational uses shall not be permitted unless a conditional use permit is approved by the City. 20 Ord 1042 Section 16. Subparagraph (b)(2) of Section 9-3.503, in Article 3 of Chapter 3 of Title 9, is hereby amended to read in relevant part as follows: Sec. 9-3.503. Adult oriented business. (b) Adult-oriented business. Adult-oriented businesses shall consist of the following types of uses as defined in Appendix "A" of this Land Use Code: (2) Adult, hotel; Section 17. Table 3-41 of Section 9-3.537, in Article 3 of Chapter 3 of Title 9, is hereby amended to read in relevant part as follows: Sec. 9-3.537. Recycling facilities. (c) General Requirements for On -Site Collection and Loading Facilities for Recyclable Materials. Table 3-41 Commercial Uses On-site Recyclable Storage Requirements — ._._........_ - - - Land Building Internal Space Use Floor Area External Space Allocation Allocation 21 Ord 1042 606 cubic feet with minimum dimensions 15' wide by 4'6" deep n/a Hotel 0-50 rooms n/a '51 -100 1,212 cubic feet with minimum dimensions 15' wide by 4'6" deep, rooms no less than 300' from any suite n/a 101 rooms Add 606 cubic feet to 1,212 cubic feet for every 5,000 square feet and above over 25,001 with minimum dimensions 15' wide by 4'6" deep, no less than 300' from any suite i 21 Ord 1042 Section 18. Table 3-44 of Section 9-3.555, in Article 3 of Chapter 3 of Title 9, is hereby amended to read in relevant part as follows: Sec. 9-3.555. Transportation demand management. Land Use Table 3-44 Employee Generation Factors Buildir 1.2 roc Section _19. Table 4-2 of Section 9-4.525, in Article 5 of Chapter 4 of Title 9, is hereby amended to read in relevant part as follows: Sec. 9-4.523. Sanitary sewer. Table 4-2 Average Sewerage Flows—Specific Land Use Types Type of Land Use Hotels (without kitchens), per unit Flow (Gallons per Day/Unit) 105 22 Ord 1042 Section 20. Appendix A of Title 9 of the municipal code, is hereby amended to add or revise the following definitions: APPENDIX A Definitions Adult hotel: A hotel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed- circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts and/or which rents, leases, or lets any room for less than a twelve (12) hour period and/or rents, leases or lets any room more than once in a twenty-four (24) hour period and/or which advertises the availability of any of the above. Adult-oriented business: Any business establishment or concern which, as a regular and substantial course of conduct, performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel (but not clothing optional hotel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. "Adult-oriented business" does not include those uses or activities, the regulation of which is preempted by State law. "Adult-oriented business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire which does not opaquely cover specified anatomical parts. For the purposes of the Municipal Code, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist: (1) The area devoted to adult merchandise and/or sexually oriented material exceeds more than twenty-five (25) percent of the total display or floor space area open to the public; (2) The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activities or specified anatomical parts at least six (6) times in any month of any given year; (3) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of 23 Ord 1042 services, products, or entertainment which are characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts. Alcoholism or drug abuse recovery or treatment residential facility: As defined by California Health and Safety Code section 11834.02, "[A]ny premises, place, or building that provides 24-hour residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services." See also "Boarding or rooming house, long-term" and "Boarding or rooming house, short-term." Bed and Breakfast establishment: A lodging use that complies with all the provisions of section 9-3.509 of this Code. Boarding or rooming house, long-term: A residential building, other than a rest home, containing a single dwelling unit and up to five (5) guest rooms or suites of rooms where lodging is provided on a by-room or by-guest basis for 30 or more days for compensation. Boarding or rooming house, short-term: Any building, other than a hotel or bed and breakfast establishment, that is used in whole or in part to provide lodging for fewer than 30 days in exchange for compensation. Child day care facility: As defined by California Health and Safety Code section 1596.750, "[A] facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes day care centers, employer- sponsored child care centers, and family day care homes." Rooms accessory to a church and used for religious education on not more than two (2) days a week are not considered child day care facilities. See "Day-care home, family." Community care facility: As defined by California Health and Safety Code section 1502(a), "any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children." (See Cal. Health & Saf. Code § 1502(a)(1)—(18) for types of community care facilities; § 1505 for uses that are not community care facilities.) Day care center: As defined by California Health and Safety Code section 1596.76, "[A]ny child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers." 24 Ord 1042 Day care home, family: As defined by California Health and Safety Code section 1596.78(a), "[A] home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home." Day care home, large family: As defined by California Health and Safety Code section 1596.78(b), A family day care home "for 7 to 14 children, inclusive, including children under the age of 10 years who reside in the home, as set forth in Section 1597.465 [of the California Health and Safety Code] and as defined in [Department of Social Services] regulations." Day care home, small family: As defined by California Health and Safety Code section 1596.78(c), A family day care home for up to six (and in certain cases, up to eight) "children, including children under the age of 10 years who reside at the home, as set forth in Section 1597.44 [of the California Health and Safety Code] and as defined in [Department of Social Services] regulations." Domicile: The legal residence and permanent home of an individual or family. A domicile is not lodging, which is only a temporary residence. (See "Lodging or lodgings.") A dwelling unit that is rented by a person on a month-to-month, or longer, basis is presumed to be the renter's domicile if the renter has no other legal residence or permanent home. Indicia of legal residency include, but are not limited to, evidence that the resident uses the street address for government identification purposes, such as a driver's license, and for tax -filing purposes. Dwelling: A building or portion thereof used exclusively for residential purposes, including one -family, two-family and multiple dwellings, but not including lodging uses or nursing homes, rest homes, children's homes, or hospitals. Dwelling unit: One or more rooms, one of which is a kitchen, in a building or portion thereof, designed, intended to be used, or used for occupancy by one family for living and sleeping purposes, not including hotels. Employer-sponsored child care center: As defined by California Health and Safety Code section 1596.771, "[A]ny child day care facility at the employer's site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers, and employees of that employer." Family: A group of individuals that live together as a single housekeeping unit. Hotel: A building with six or more guest rooms or suites of rooms that is designed or used to be rented for occupancy by guests for lodging purposes for a period of thirty (30) or fewer consecutive calendar . Incidental uses may be allowed, such as meeting rooms, restaurants, and recreation facilities to serve hotel guests. 25 Ord 1042 Lodging or lodgings: A temporary residence or place to live, which includes sleeping accommodations. Lodging is not a domicile because the former is a temporary residence and the latter is a permanent one. (See "Domicile.") Section 21. All existing provisions of the Code that are repeated herein are repeated only to aid decision -makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment. Asterisks in Sections 4 through 20 indicate the omission of existing provisions that are unchanged by this ordinance. Section 22. Severability. If any part of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision has no effect on the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted each part of this ordinance, irrespective of the fact that any other part or parts thereof might be declared invalid or unconstitutional. Section 23. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Juan Capistrano, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Section 24. Custodian of Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development Services Director is the custodian of the record of proceedings. Section 25. Notice of Exemption. The City Council hereby directs City staff to prepare and file a Notice of Exemption with the County of Orange, County Clerk within five working days of the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED this 7th day of February 2017. MAW4 OEIRRR AYOR ATTEST: C � L I ) r, n V6C MAR MORRI , COY CLERK 26 Ord 1042 STATE OF CALIFORNIA } COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO } I, MARIA MORRIS, 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. 1042 which was regularly introduced and placed upon its first reading at the Regular and Telephonic Meeting of the City Council on the 17th day of January 2017, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 7th day of February 2017, by the following vote, to wit: AYES: COUNCIL MEMBERS: Patterson, Maryott, Farias Mayor Ferguson NOES COUNCIL MEMBERS: Reeve ABSENT :(�PW EMBERS: None 4� Cr -r ARIA MOR—hcolCLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, 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 18th day of January 2017, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 1, GENERAL PROVISIONS, TITLE 5, PUBLIC WELFARE, TITLE 6 SANITATION AND HEALTH, AND TITLE 9, LAND USE, CHANGING ENFORCEMENT PENALTIES AND CLARIFYING REGULATIONS OF LOUD NOISE, OTHER NUISANCES, AND LODGING USES CITYWIDE This document was posted in the Office of the C MAMA MORRIS,UTS\CLERK San Juan Capistrano, California 27 Ord 1042 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: AFFIDAVIT OF POSTING 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 February 2017, 1 caused to be posted a certified copy of Ordinance No. 1042, adopted by the City Council on February 7, 2017, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 1, GENERAL PROVISIONS, TITLE 5, PUBLIC WELFARE, TITLE 6 SANITATION AND HEALTH, AND TITLE 9, LAND USE, CHANGING ENFORCEMENT PENALTIES AND CLARIFYING REGULATIONS OF LOUD NOISE, OTHER NUISANCES, AND LODGING USES CITYWIDE This document was posted in the Office of the Cr-- lerr I k i �y RIA MORRIS, &TCLERK San Juan Capistrano, California 28 Ord 1042