Ordinance Number 513
same to be published in the Coastline Dispatch within fifteen days
after its passage.
Passed, approved and adopted this 24th day of April, 1961.
Mayor of San Juan Capistrano
ATTEST: (', - q
City Clerk Pro Tem
State of California )
County of Orange ) ss. ;
City of San Juan Capistrano)
I, Ernest Thompson, City Clerk Pro Tem of the City of San Juan Cap-
istrano, 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 24th
day of April, 1961.
AYES: Councilmen: Bathgate, Chermak,
Durnford, Olivares, Buchheim
NOES: Councilmen: None
ABSENT: Councilmen: None
City Clerk Pro Tem
ORDINANCE NO. 5
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
ESTABLISHING INTERIM LAND CLASSIFICATIONS WITHIN
THE CORPORATE LIMITS OF THE CITY OF SAN JUAN
CAPISTRANO AND REGULATING THE USES OF PROPERTY
THEREIN; PROVIDING FOR THE AMENDMENTS THEREOF,
PRESCRIBING PENALTIES FOR ITS VIOLATION, AND
DECLARING THE URGENCY THEREOF.
The City Council of the City of San Juan Capistrano does ordain as
follows:
SECTION 1. GENERAL PURPOSE AND ADOPTION OF INTERIM LAND CLASSIFI_
CATIONS.
For the public health, safety and general welfare and in order (1)
to secure for the citizens of San Juan Capistrano the social and economic
advantages resulting from an orderly, planned use of its land resources,
(2) to provide for and develop a definite official land use plan for
14
San Juan Capistrano, and (3) to guide, control and regulate the future
growth and development of said City in accordance with sound planning,
there is hereby adopted and established interim land classifications
for the City of San Juan Capistrano. Said interim land classification
is adopted pursuant to the authority of Chapters 3 and 4 of Title 7 of
the Government Code of the State of California.
SECTION 2. DEFINITIONS.
This ordinance, embodying and making effective interim land class-
ifications of San Juan Capistrano, shall be known as "The Interim Land
Use Ordinance" and for the purpose of this ordinance certain words and
terms are defined as follows:
Words used in the present tense include the future, words in the
singular number include the plural and words in the plural include the
singular; the word "Building" includes the word "structure" and the
word "shall" is mandatory and not directory. The term "City Council"
when used shall mean the City Council of the City of San Juan Gapis_
trano and "Planning Commission" shall mean the Planning Commission of
the City of San Juan Capistrano.
"ACCESSORY BUILDINGS": A portion of the main building or a
detached subordinate building located on the same lot or building site,
the use of which is customarily incident to that of the main building or
to the use of the ]and. A detached accessory building shall not be
closer than six (6) feet to a main building on the same lot or building
site.
"BUILDING SITE" A parcel of land which abuts upon a street for a
distance of at least fifteen (15) feet and which provides the ground
area of a building or buildings together with all open spaces as required
by this ordinance.
SECTION 3. ESTABLISHING DISTRICTS AND LIMITING THE USES OF LAND
THEREIN.
A. In order to classify, regulate, control, restrict and segre-
gate the uses of land, buildings and structures, and to regulate and
restrict the height and bulk of buildings, and to regulate the area of
yards, courts and other open spaces about buildings and to maintain
control over the orderly development of the City during the time between
the date of incorporation of the City and such time as the City Council
and the Planning Commission can progressively establish a
15
sound.plan of l:.nd use for the entire City, the land within the i!,cor-
posted limits of San Juan Capistra;o is hereby established into a
single district to h, known as "U -L", "Unclassified District."
B. No huilding or structure shall ',e erected, and no existing
building shall be moved, altered, added to or e,larged, nor shall any
land, building, structure or n--nises ho used, designed or intended to
be used for any prunose or in any manner other than a use listed in
this ordinance or amendments thereto as permitted in the district in
which such land., building, structure or premises is located, unless and
until application he made to the Planning Commission as# hereinafter Pr-
ovided.
C. "U-1" "Unclassified District ". Uses permitted.
No land Use Fermit. shall re -squired for the following used in
the "Unclassified District":
1. Farming, including all types of argiculture and horticulture,
grazing, kelmels and small animals farms, poultry and squab farms and
similar types of farming.
2. F.esidential use limited to a 5ingie-f-mi.ly dwelling of a per-
manent character placed in a pervnanent location (or additions to exit-
in-, single-family dwellin 's) on each 'uildirip site existing, at the ti:ae
this ordinance becane effective, and any aocessory buildi.gs in connec-
tion therewith, u -on the following conditions:
A. All buildings and structure shall have a minimum set back of
twenty feet (20') from the frontoropertir line.
b. No building or other structure shall be. erected closer than
five(5) Feet from the side property line
c. The depth of the rear yard shall be not less than twenty-five
(25) feet.
D. 'dhenever additional districts have peen established by the
City Council containing ,,e rmitt^;7 us,s .--no noes cocditionally p rmit6ed,
then no buildiog or structure shall be erected, and no existicg build-
ing or structure shall he moved, altered, added to or enlarged, nor shall
any land, building, structure or ,,ermines `e .rs d, designed or intern _ed
to be used for any "urpose or in any manner other than a use listed in
this ordinance or amendments thereto as permitted in the district in
tk+
which such land, luilding,-structure or, premises is located.
SECTION 4. LAND USE PEPPIITS PROCEDURE.
A:. Inasmuch as the "U-1" "Unol.nssified District" established My,
this ordinance is for the purpose of hslding control over land use with-
in the corporate limits of the City as a] interim measure, no uses of
any kind or nature are either specified or permitted, except ss herein-
alhovn set forth. Any other use of oroperty shall he secured through
application for a Land Use Permit as hereinafter set forth. -.
A. The City Council may, upon the recommendation of the Planning
Commission in each instance authorize the issuance of a Land Use Permit
within the "U-1" "Unclassified District.", for the use of any property
therein, after first having complied with the requirements of Paragraph
C of Section 4 of this ordinance. -
C. (1) Application for Land Use Permits shall be made to the
Planning Commission in the form and manner determined by the City
Council.
(2) There shall be a public hearing beforgthe Planning Comm-
ission shall make its recommendation in connection with each appliation
to the City Council
(3) Not less than five (5) days prior to the public hearing,
the Commission shall cause notice to the pul,lic of such hearing to be
posted in four conspicuous public places in the City, Not less than
(7) seven days prior to such hearing, the Planning Commission shall
mail postage prepaid, notice of the time and place of the hearing,
the aovlicat's name, the location of the premises affected and the use
pro,osed, to all persons whose names and addresses appear on the latest
adopted tax roll on the County as persons owning property.in Orange
County within a distance of three -hundred (300) feet from the exterior
boundaries of the premises to which the anplioation pertains, and
also to the applioant.
(4) The recommendation of the Planning Commission shall be
made or deemed to have been made on the date of the public hearing and
when transmitted to the City Council shall inrlude such express Findings
of facts or such observations of the Commission as any members may desire
to have included, the reco,mendati.on shall also include such conditions
i'?
as the Planning Com ission deems proper to provide for the general
purpose and intent of this ordinance.
(5) The City Council shall after receipt of the recommendation
of the Planning Connission on any application for Land Use Permits upon
which application has b -en made, and in the event of approval or modifi-
cation of such requested use of the Land Use Permit shall become final,
and it shall '.-,e the duty of the City Council to include sufficient con-
ditions in the granting of such Land Use Permit as to provide for the
general purpose and intent of this ordinance and such detai Ls as will
enable the Superintendent of F,uilding and Safety to administer such
Land Use Permit.
(6) The superintendent of. Building and Safety shall not issue
the Land Use Permit until the determination of the City Council shall
become final, nor until after the conditions upon which such permit was
authorized to ')e issued either have fulfilled or if the Superintendent
deems reasonable adequate guarantees that such conditions will be full -
filled have been given by the applicant.
SECTION 6 EFFECTIVE DATE.
This Ordinance is an urgency ordinance and shall take effect imme-
diately. The facts establishing such urgency are as follows: inasmuch
as the establishment of injurious and objectionable uses of property
within said district prior to the enactment of a comprehensive district-
ing plan would unnecessarily disturb the peace a -id comfort of residents
of said districts, increase hazards of highways, destroy nroperty values
and investments and otherwise adversely affect the general welfare, it
is deemed that, emergency conditions e>:ist which justify the immediate
enactment and enforcement of this ordinance.
SECTION 9.
The City Clerk shall certii'y to the pass ige and adoption of this
ordinance by the City Council of the City of San Juan Capistrano at a
regular_ meeting held on the 24th day of April, 1961 and shall cause the
same to be ?uhlished in the Coastline Disnatch within fifteen days after
its -assage.
Mayor of San Juan .,a iistrano
id
ATTEST:
City Clerk Pro Tem
State of California. )
County of Orange )ss
City of San Juan Capistrano)
I, Ernest Thompson, City Clerk Pro Tem of the City of 'I -,n Juan
Capistrano, do hereby certify that the foregoing end attached Ordinance
was finally passed, approved and adopted by the City Council of the
City of San Juan Capistrano at a regular meeting therof held on the
24th day of April, 1961.
(SEAL)
AYES: Councilmen: Bathgate, Chermak,
Durnford, Olivares, Buchheim.
Noes: Councilmen: None
ABSFNT: Councilmen: None
City Clerk Pro Tem
ORDINANCE NO. 6
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
ESTABLISHING AND ADO -,TING BY itEFERENCE THE BUILD-
ING CODE OF THE COUNTY OF ORANGE AS THE BUILDING
CODE OF THE CITY OF SAN JUAN CAPISTRANO AND D7CL-
ARING THE URDFNCY THFREOF.
The City Council of rine City of Sa.n Juan Capistrano does ordain
as follows:
SECTION 1. There is hereby adopted by the City Council of the
City of San Juan Capistrano for the purpose of requiring permits and
providing rules and regulations for the erection, construction, enla-
gement, alt xration, repair, moving, removal, conversion, demolition,
i
oecuPany, Yenuipment, use heirht, area of building, structures and tents,
in the City of San Juan :apistrano, that certain Ordinance of the Coun-
ty, State of California, known as "OR+JINANCr N0. 1183 AN ORDINA:JCs OF
THE COUSTY OF ORANTC,:, STATS TF CALIFORNIA, RECiUIRING PElUTITS -.IJD PROVID-
ING RDl,?S AiiD r:FI;',b.iTIONJ FOR T'H2 ERECTION CONSTRUCTION, :CNLARG-M--;uT,
ALT'RATTON, R;1PAITa, ? OVING, ?Y IOVAL, C']IV`lERSTON, DEdOLITION, OC 7UPANY
ECUIMENT, USE, H'dIGHT, AR'8A, OF BUILDI7;GS, STRUCTURES AND TE,19",; PROV-
II)INO p^�N.,LTIgS TOR THE VTOLATT,)N-HSPEOP; ADYJ;°TING BY REi'ERENCF, THE