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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^´┐ŻN.,LTIgS TOR THE VTOLATT,)N-HSPEOP; ADYJ;°TING BY REi'ERENCF, THE