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Ordinance Number 869 ORDINANCE NO. 869 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findincgs and Intent The City Council initiated a comprehensive code amendment to Title 9 of the Municipal Code which contains the City's zoning and subdivision regulations of the City of San Juan Capistrano; and, The City retained the consultant services of Cotton/Bridges to assist in the review and update of the City's Title 9 zoning and subdivision regulations; and, A draft document was prepared and reviewed by the Title 9 Ad Hoc Committee consisting of two Council members, two Planning Commissioners and the Planning Director which conducted ten meetings, nine of which were public noticed hearings to consider the contents of the initial draft regulations; and, The Title 9 Ad Hoc Committee, identified recommended modifications to the draft Title 9 provisions that were submitted to the Planning Commission and recommended for approval to the City Council; and, The proposed code amendment has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, The Environmental Administrator reviewed the proposed code amendment and determined that this amendment is consistent with the General Plan and is within the scope of the project covered by the General Plan Program EIR, as discussed in the Initial Study contained in the document entitled "Findings of Consistency of the San Juan Capistrano Land Use Code Update with the Previously Certified Environmental Impact Report for the San Juan Capistrano General Plan". Section 15168 of the CEQA Guidelines allow the City to approve the Land Use Code changes without requiring additional environmental documentation if the City finds that pursuant to Section 15162 of the CEQA Guidelines, no effects could occur and no new mitigation measures are required that were not already analyzed as part of the Program EIR for the General Plan. The Environmental Administrator at his meeting of November 27, 2001 made said determination per Section 15162 of the CEQA Guidelines, and caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines; and, 1 10-15-02 SP The Planning Commission conducted a duly-noticed public hearing on July 23, 2002 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed amendment and has considered all relevant public comments, and continued consideration of the code amendment to the meeting of August 13, 2002, and upon completion of the public hearing forwarded a recommendation of approval to the City Council; and, The City Council conducted a duly-noticed public hearing on September 3, 2002, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed amendment and has considered all relevant public comments and continued the item to its meeting of October 1, 2002; and, The City Council conducted a duly-noticed public hearing on October 1, 2002, pursuant to Section 9-2.313 of the Municipal Code to consider additional public testimony on the proposed amendment and has considered all relevant public comments and has determined that the proposed code amendment is consistent with the City's adopted General Plan per the following findings: a. The proposed code amendment is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the zoning regulations and district land uses have been designed to implement the provisions of the Land Use Element of the General Plan; and, a. The code amendment regulations regarding development standards for residential district and specific provisions for affordable housing have been designed to be consistent with the goals, policies and development provisions contained in the Certified Housing Element of the General Plan; and, b. The code amendment regulations and dedication provisions have been designed to implement provisions of the Open Space and Conservation Element and the Parks and Recreation Element of the General Plan specifically as it relates to establishment of uses in open space districts and their corresponding designations on the General Plan Land Use Policy Map and the inclusion of parkland dedication provisions consistent with State law; and, C. The code amendment provisions contained development and design standards for implementing provisions of the Circulation Element of the General Plan; and, d. The code amendment includes provisions regarding the location and land use designations that protect persons and property from flood hazards, consistent with the Floodplain Element of the General Plan; and, e. The code amendment provisions include regulations that will implement policies of the Community Design Element of the General Plan; 2 10-15-02 SP f. The draft zoning map that establishes zoning district boundaries for all property within the City is consistent with the underlying land use designations of the Land Use Policy Map of the Land Use Element of the General Plan. SECTION 2. Amendment. a. The full text for Title 9 of the Municipal Code, including Appendix "A" is hereby replaced in its entirety by Exhibit "A", attached; and as amended as follows: (1) Amend Table 3-1 to include "Crop and tree farming", "Plant nurseries and storage", and "Animal grazing, breeding, boarding, and training" as a permitted use in the HR District. Under the note and exceptions column, include notation that these uses are considered interim until residential development plans are approved. (2) Appendix "A", Definitions, modify the definition for Average Daily Traffic (ADT) to read as follows: The average number of vehicle trips using a traveled was for a twenty-four-hour period by dividing the total number of vehicles for a stated period by the number of days in that time period. In calculating vehicle trips, trucks with trailers shall be adjusted to a passenger car equivalent. (3) Table 3-2 shall be amended to incorporate a separate floor area ratio for one-story residential units as depicted in Exhibit "C", attached. (4) Table 3-4 shall be amended to include "Fuel Dispensing Station" as a land use in the "Commercial Districts" and identification in the GC (General Commercial) District as a "Conditional Use" with a note that reads..."In accordance with the provisions of Section 9-3.541". (5) Amend Table 3-26, under Fixture Height, change pole height not to exceed to read 14'. b. The Official Zoning Map of the City of San Juan Capistrano is hereby replaced in its entirety by Exhibit "B", attached. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. 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 required by law; or, in the 3 10-15-02 SP 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 ADOPTED this 15th day of October 2002. DIANE BATHGAT , AYOR ATTEST: MA G RET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance 869 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 1st day of October 2002 and that thereafter, said Ordinance was duly adopted and passed at a Regular Meeting of the City Council on the 15th day of October 2002 by the following vote, to wit: AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin, Geiff and Mayor Bathgate NOES COUNCIL MEMBERS: None ABSENT: COUNCIL EMBERS: None MA7ktT R. MONAHAN, City Clerk 4 10-15-02 SP EXHIBITS "A" & 66B9' TITLE 9 AND ZONING MAP DUE TO THE SIZE OF THE DOCUMENT IT HAS NOT BEEN REPRODUCED WITH THE ORIGINAL ORDINANCE. COPIES OF THE DOCUMENTS ARE AVAILABLE FOR PUBLIC REVIEW IN THE FILE OF: TITLE 9 UPDATE, LAND USE MANAGEMENT CODE, 2002 SAN JUAN CAPISTRANO LAND US LCODE q k 7 CITE' OF SAN JUAN CAPISTRANf NovE-,MBER 15, 2002 SAN JUAN CAPI STRANO LAND USE CODE November 12, 2002 Cotton/Bridges/Associates #1196.00 Title 9 - Table of Contents TABLE OF CONTENTS CHAPTER 9-1 . GENERAL PROVISIONS Article 1. Purpose, Title,Authority, Effective Date, Effect, and Definitions 9-1.101. Purpose, Title, Authority, Effective Date, Effect, and Definitions 9-1.103. Building Official Authority 9-1.105. Director of Building and Engineering Services Authority 9-1.107. Environmental Administrator Authority 9-1.109. Planning Director Authority 9-1.111. Zoning Administrator Authority Article 2. Enforcement,Violations, and Penalties 9-1.201. Violations and Penalties CHAPTER 9-2. ADMINISTRATION Article 1. General Plan Review and Consistency 9.2-101. Consistency of Projects with the General Plan 9-2.103. Residential Density and Unit Count Article 2. Environmental Review Procedures 9-2.201, Environmental Review Procedures Article 3. Development Review Procedures 9-2.301. General Review Procedures 9-2.303. Administrative Approvals 9-2.305. Adult Business Permit 9-2.307. Amendment of the General Plan 9-2.309. Amendment of the Land Use Code 9-2.311. Appeals 9-2.313. Architectural Control Review 9-2.315. Change of Zone District 9-2.317. Conditional Use Permit 9-2.319. Development Standards Adjustment City of San Juan Capistrano Land Use Code 9-i November 15, 2002 Tatle 9 -Table of Contents 9-2.321. Floodplain Land Use Permit 9-2.323. Grading Plan Review 9-2.325. Growth Management 9-2.327. Historical and Cultural Landrnark Site Plan Review 9-2.329, Lot Line Adjustments and Reversions to Acreage -- 9-2.331. Mobilehome Park Conversions, Closures, and Cessation of Use 9-2.333. Pre-zoning Prior to Annexation Procedures 9-2.335. Public Hearing Procedures 9-2.337. Public Improvement Plans and Outside Agency Development Review 9-2.339. Public Meeting Procedures 9-2.341. Sand, Gravel, and Mineral Extraction Permit 9-2.343. Sign Permit Review 9-2.345. Subdivision Approval _. 9-2.347. Temporary Use Permits 9-2.349. Tree Removal Permit 9-2.351. Variances and Exceptions Article 4. Nuisances CHAPTER 9-3. ZONING DISTRICTS AND STANDARDS - Article 1. Establishment of Districts: Official Zoning Map 9-3.101. Districts Established 9-3.103. Official Zoning Map 9-3.105. Interpretations of District Boundaries Article 2. District Regulations: General Provisions 9-3.201. Application of Provisions 9-3.203. Unlisted Uses 9-3.205. Prezoning Prior to Annexations 9-3.207. Interim Uses Article 3. Base District Regulations/Standards 9-3.301. Residential Districts 9-3.303. Commercial Districts 9-3.305. Industrial Districts 9-3.307. Public and Institutional (P&I) District 9-3.309. Open Space Districts 9-3.311. Farm Market (FM) District City of San Juan Capistrano Land Use Code 9--ii November 15, 2002 Title 9 - Table of Contents 9-3.313. Solid Waste Facility (SWF) District 9-3.315. Planned Community (PC) District 9-3.317. Specific Plan/Precise Plan (SP/PP) District Article 4. Environmental Overlay Districts 9-3.401. Purpose 9-3.403. Designation 9-3.405. Floodplain Management (FM) District — 9-3.407. Cultural Resources/Historic Preservation (HP) District 9-3.409. Noise Management (N) District 9-3.411. Ridgeline and Open Space Preservation (RP) District Article 5. Supplemental District Regulations 9-3.501. Accessory Uses and Structures 9-3.503. Adult Oriented Business 9-3.505. Affordable Housing Requirements 9-3.507. Antennas 9-3.509. Bed and Breakfasts 9-3.511. Caretaker Residences 9-3.513. Dust Control 9-3.515. Equestrian Standards (Commercial and Non-commercial Stables) 9-3.517. Fences, Walls, and Hedges 9-3.519. Fuel Modification Standards 9-3.521. Hazardous Waste Facilities 9-3.523. Home Business 9-3.525. Kennels 9-3.527. Landscape (water conservation standards) 9-3.529. Lighting Standards 9-3.531. Noise Standards (residential and non-residential) 9-3.533. Nonconforming Uses, Lots, and Structures 9-3.535. Parking 9-3.537. Recycling Facilities 9-3.539. Sand, Gravel, and Mineral Extraction 9-3.541. Service and Fuel Dispensing Stations 9-3.543. Signs 9-3.545. Soils Subsidence Remediation Program 9-3.547. Special Activities (non-residential) __. 9-3.549. Storage and Display (Outside) 9-3.551. Swimming Pools 9-3.553. Temporary Uses and Structures 9-3.555. Transportation Demand Management City of San Juan Capistrano Land Use Code 9-iii November 15, 2002 Title 9 -Table of Contents 9-3.557. Tree Preservation 9-3.559. Visibility at Intersections/Driveways CHAPTER 9-4. SUBDIVISION/IMPROVEMENT STANDARDS Article 1. Tentative Tract Maps and Tentative Parcel Maps 9-4.101. Required 9-4.103. Tentative Parcel Maps 9-4.105. Tentative Tract Maps 9-4.107. Soil Reports 9-4.109. Vesting Tentative Maps 9-4.111. Reversions to Acreage 9-4.113 Lot Line Adjustments - 9-4.115 Mergers Article 2. Final Maps and Parcel Maps 9-4.201. General Requirements f Article 3. Design Standards and Requirements 9-4.301 Applicability of Provisions 9-4.303 Conformity with the General Plan 9-4.305. Bicycle and Equestrian Trails 9-4.307. Conformity of Boundaries with Surrounding Property 9-4.309, Drainage 9-4.311. Driveways 9-4.313. Graded Slopes 9-4.315. Irregular and Cul-de-Sac Lots 9-4.317, Monumentation 9-4.319 Parkland 9-4.321. Pedestrian Ways, Bridges, and Tunnels — 9-4.323. Sanitary Sewer 9-4.325. Street Lights and Traffic Signals 9-4.327. Streets, Highways, and Alleys 9-4.329. Utility Undergrounding 9-4.331. Water Facilities 9-4.333. Waiver of Provisions City of San Juan Capistrano Land Use Code 9-iv November 15, 2002 Title 9 - Table of Contents Article 4. Improvement Plans 9-4.401 Preparation - Information Required 9-4.403 Approval 9-4.405 Fees and Bonds CHAPTER 9-5® FEES, DEPOSITS, AND BONDS 9-5.101. Fees, Deposits, and Bonds 9-5.103. Housing In-lieu Fee 9-5.105. Major Thoroughfare and Bridge Fee 9-5.107. Parkland In-lieu Fee 9-5.109. Private Improvement Fees and Bonds 9-5.111. Sand, Gravel, and Mineral Extraction Fees and Bonds — 9-5.113. Temporary Caretaker Residences Deposit 9-5.115. Water Fees and Bonds APPENDIX A - DEFINITIONS APPENDIX B -ADOPTED COMPREHENSIVE DEVELOPMENT PLANS SUMMARY City of San Juan Capistrano Land Use Code 9-v November 15, 2002 Title 9 -Table of Contents Tables Table Page Table 2-1 Zoning Consistency Matrix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-4 Table 2-2 Sample Residential Allocation Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-37 Table 3-1 Lases in Residential Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-12 Table 3-2 Development Standards for Residential Districts . . . . . . . . . . . 9-3-18 - Table 3-3 Hillside Residential District Dwelling Unit Calculation . . . . . . . . . . . . . . . . . . . 9-3-20 Table 3-4 Uses in Commercial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-27 Table 3-5 Development Standards for Commercial Districts . . . . . . . . . . . . . . . . . . . . . . . 9-3-31 Table 3-6 Uses in Industrial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-33 Table 3-7 Development Standards for Industrial Districts . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-39 Table 3-8 Uses in Public and Institutional (P&I) District . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-42 Table 3-9 Development Standards for the Public and Institutional (P&I) District . . . . . . . 9-3-44 Table 3-10 Uses in Open Space Districts . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . 9-3-47 — Table 3-11 Development Standards in Open Space Districts . . . . . . . . . . . . . . . . . . . . . . . . 9-3-50 Table 3-12 Uses in Farm Market (FM) District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-52 Table 3-13 Development Standards for the Farm Market (FM) District . . . . . . . . . . . . . . . 9-3-55 Table 3-14 Uses in Solid Waste Facility (SWF) District . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-57 Table 3-15 Interim Uses in the Planned Community (PC) District . . . . . . . . . . . . . . . . . . . 9-3-61 Table 3-16 Interim Uses in the Specific Plan/Precise Plan Districi. . . . . . . . . . . . . . . . . . . . 9-3-66 Table 3-17 Density Bonuses with an Additional Incentive Formula . . . . . . . . . . . . . . . . . . . 9-3-94 Table 3-18 Video and Radio Antenna Development Standards (Excluding Amateur Radio Antenna) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-99 Table 3-19 Telecommunication Antennas and Facilities Development Standards . . . . . . . 9-3-100 Table 3-20 Amateur Radio Antenna Regulations for All Districts . . . . . . . . . . . . . . . . . . . 9-3-103 Table 3-21 Commercial Stable Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-111 Table 3-22 Maintained Horizontal Illuminance for Parking Lots . . . . . . . . . . . . . . . . . . . . 9-3-153 Table 3-23 Parking Lot Lighting Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-154 Table 3-24 Pedestrian Ways Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-155 Table 3-25 Average Maintained Illuminance Levels for Pedestrian Ways . . . . . . . . . . . . . . 9-3-156 Table 3-26 Exterior Display Lighting Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-159 Table 3-27 Outdoor Recreation Lighting Design Standards . . . . . . . . . . . . . . . . . . . . . . . . 9-3-160 Table 3-28 Residential Lighting Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-161 Table 3-29 Exterior Noise Standards for Residential and Public and Institutional Districts 9-3-162 Table 3-30 Exterior Noise Standards for Commercial Districts . . . . . . . . . . . . . . . . . . . . . 9-3-163 Table 3-31 Maximum Noise Levels Not to be Exceeded . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-163 Table 3-32 Minimum Parking Facility Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-173 Table 3-33 Residential Parking Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . 9-3-177 Table 3-34 Business and Commercial Uses Parking Requirements . . . . . . . . . . . . . . . . I . 9-3-178 Table 3-35 Office, Service, Health, and Professional Uses Parking Requirements . . . . . . . 9-3-180 Table 3-36 Recreational Uses and Places of Assembly Parking Rec[uirements . . . . . . . . . . 9-3-181 Table 3-37 Educational and Cultural Uses Parking Requirements . . . . . . . . . . . . . . . . . . . 9-3-183 City of San Juan Capistrano Land Use Code 9-vi November 15, 2002 Title 9 - Table of Contents Table 3-38 Manufacturing and Related Uses Parking Requirements . . . . . . . . . . . . . . . . . 9-3-184 Table 3-39 Allowed Recycling Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-185 Table 3-40 Multi-Family Attached Uses On-Site Recyclable Storage Requirements . . . . . 9-3-190 Table 3-41 Commercial On-Site Recyclable Storage Requirements . . . . . . . . . . . . . . . . . . 9-3-190 Table 3-42 Sign Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-208 Table 3-43 Facilities Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-239 Table 3-44 Employee Generation Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-239 Table 4-1 Standards for Bicycle and Equestrian Trails . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-12 _ Table 4-2 Average Sewerage Flows - Specific Land Use Types . . . . . . . . . . . . . . . . . . . . . . 9-4-35 Table 4-3 Average Sewage Flows - General Land Use Types . . . . . . . . . . . . . . . . . . . . . . . 9-4-36 Table 4-4 Minimum Slopes for Sanitary Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-37 Table 4-5 Required Local Access Street Sections (Non-Arterial) . . . . . . . . . . . . . . . . . . . . 9-4-45 Figures Figure Page Figure 2-1 Process for Amendment of the General Plan . . . . . . . . . . . . . . . . . . . . . . . . . 1 9-2-10 Figure 2-2 Process for Amendment to the Land Use Code . . . . . . . . . . . . . . . . . . . . . . . . 9-2-12 Figure 2-3 Process for Appeal of Decisions to City Council . . . . . . . . . . . . . . . . . . . . . . . 9-2-13 Pigure 2-4 Process for Architectural Control (AC) Review . . . . . . . . . . . . . . . . . . . . . . . . 9-2-15 Figure 2-5 Process for Change of Zone District - Property Owner Initiated . . . . . . . . . . . . 9-2-19 Figure 2-6 Process for Change of Zone District - City Council Initiated . . . . . . . . . . . . . . 9-2-20 Figure 2-7 Process for Conditional Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-22 Figure 2-8 Process for Development Standards Adjustment Permit . . . . . . . . . . . . . . . . . 9-2-25 Figure 2-9 Process for Floodplain Land Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-27 Figure 2-10 Process for Grading Plan Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-29 Figure 2-11 Process for Growth Management Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-34 Figure 2-12 Process for Site Plan Review for Historical and Cultural Landmark (INCL) Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-41 Figure 2-13 Process for Lot Line Adjustments (LLA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-43 Figure 2-14 Process for Approval for Mobilehom.e Park Conversions, Closures, and Cessation of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-45 Figure 2-15 Process for Pre-Zoning Prior to Annexation . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-57 Figure 2-16 Process for Review of Public Improvement Plans and Outside Agency Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-59 Figure 2-17 Process for Sign Permit Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-62 Figure 2-18 Process for Tentative Parcel Map(TPM),Tentative Tract Map(TTM), and Condominium Conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-65 Figure 2-19 Process for Temporary Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-70 Figure 2-20 Process for Tree Removal Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-72 Figure 2-21 Process for Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2-76 Figure 2-22 Process for Exception to Land Use Code Regulations . . . . . . . . . . . . . . . . . . . 9-2-79 City of San Juan Capistrano Land Use Code 9-1-vii November 15, 2002 Title 9 -Table of Contents Figure 3-1 Multiple-Else Facilities Antenna . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-101 Figure 3-2 Building-Mounted Antennas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-101 Figure 3-3 Fence Height Calculation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-123 Figure 3-4 Parking Facility Design Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-174 Figure 3-5 Types of Signs and Calculation of Sign Area . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-213 Figure 3-6 Shoulder Cut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-245 Figure 3-7 Triple Cut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . 9-3-246 Figure 3-8 Thinning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-247 Figure 3-9 Size Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3-248 Figure 3-10 Intersection/Driveway Visibility Requirements (public/private streets) . . . . . . 9-3-253 -- Figure 4-1 Typical Slope Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-20 Figure 4-2 Irregular Lot Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-23 Figure 4-3 Cul-de-Sac Lot Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-26 Figure 4-4 Peak to Average Relationship for Sewage Design Flows . . . . . . . . . . . . . . . . . . 9-4-34 Figure 4-5 Sidewalk and Bikeway Parkway Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-42 Figure 4-6 Equestrian Trail and Scenic Highway Parkway Facilit'�es . . . . . . . . . . . . . . . . . 9-4-43 Figure 4-7 Hillside Parkway Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-44 Figure 4-8 Standard Residential and Other Local Access Street Sections . . . . . . . . . . . . . . 9-4-46 Figure 4-9 Standard Primary Highway Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-48 Figure 4-10 Standard Secondary Highway Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-49 Figure 4-11 Standard Local Arterial Highway Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4-50 Figure 1 Building Height . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . 9-vii - Figure 2 Hillside Building Height . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 9-x Figure 3 Finished Grade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-xix Figure 4 Floor Area Ratio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-xx — Figure 5 Lot Organization . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 9-xxvi Figure 6 Lot Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-xxvii Figure ? Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-xl City of San Juan Capistrano Land Use Code 9-1-viii November 15, 2002 Chapter 9.1 - General Provisions CHAPTER 9-1 . GENERAL, PROVISIONS Article 1. Purpose, Title,Authority, Effective Date, Effect, and Definitions 9-1.101. Purpose, Title, Authority, Effective Date, Effect, and Definitions 9-1.103. Building Official Authority 9-1.105. Director of Building and Engineering Services Authority 9-1.107. Environmental Administrator Authority 9-1.109. Planning Director Authority 9-1.111. Zoning Administrator Authority Article 2. Enforcement,Violations, and Penalties 9-1.201. Violations and Penalties City of San Juan Capistrano Land Use Code 9-1-1 November 15, 2.002 Chapter 9.1 - General Provisions ARTICLE 1 . PURPOSE, TITLE, AUTHORITY, EFFECTIVE DATE, EFFECT, AND DEFINITIONS Sec. 9-1.101 Purpose, Title, Authority, E&ctive Date, Effect, and Definitions (a) Purpose Chapters 1 through 5 of this title have been adopted in accordance with Section 65800, et seq. of the Government Code of the State of California and are established to serve the public health, safety, and general welfare, to implement the General Plan, and to provide the economic and social advantages resulting from an orderly planned use of land resources. (b) Title Chapters 1 through 5 of this title shall be known as the "Land Use Code of the City of San ^ Juan Capistrano". (c) Authority Chapters 1 through 5 of this title are enacted pursuant to the Government Code of the State and other State and Federal Statutes. (d) Effective date Chapters 1 through 5 of this title shall take effect and be in force on and after November 15,2002. (e) Effect of provisions on existing laws Except as otherwise specifically provided, the provisions of Chapters 1 through 5 of this title shall not be interpreted to repeal, abrogate, annul, or in any way affect any existing provision of any statute,permit,deed restriction,or covenant adopted or issued relating to the use of land or buildings or the erection,construction,moving,alteration,or enlargement of any structure or improvement. City of San Juan Capistrano Land Use Code 9-1-2 November 15, 2002 Chapter 9.1 - General Provisions (f) Effect of provisions on developed land The provisions of Chapters 1 through 5 of this title will apply to new development,as well as the modification and redevelopment of previously developed land, unless otherwise limited by Section 9-3.533 Nonconforming Uses, Lots, and Structures of this title. (g) Interpretation of provisions as minimum requirements The provisions of Chapters 1 through 5 of this title shall be held to be the minimum - requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. Wherever the requirements of Chapters 1 through 5 of this title are at variance with the requirements of any other lawfully adopted rule, regulation, or statute, the most restrictive requirements or those imposing the higher standards shall govern. (h) Definitions For the purposes of Chapters 1 through 5 of this title, certain terms are defined in Appendix A Definitions to this title.Terms that are located in Appendix A Definitions are italicized in Chapters 1 through 5 of this title. Such definitions are hereby incorporated in this section and made a part of Chapters 1 through 5 of this title as if fully set forth in this section.No amendment,addition,or deletion to the definitions set forth in Appendix A Definitions shall be made except by Ordinance. Sec. 9-1.103 Building Official Authority The Development Services Manager or his or her designated representative is hereby appointed as the Building Official. Subject to the general control and supervision of the Director of Engineering and Building Services, the Building Official shall have the following duties, responsibilities, and authority for Chapters 1 through 5 of this title, as well as other duties, responsibilities, and authority prescribed for the Building Official under other laws and ordinances, City regulations, and administrative provisions: (a) Shall provide the engineering and technical review of all plans,specifications,and methods of construction for conformance with the latest adopted Uniform Building Code and good engineering practices. (b) Shall provide the engineering and technical review of plans and field inspections of drainage, soil, and geological conditions relating to building and earthwork construction as set forth in Chapters 1 through 5 of this title. (c) Shall be responsible for the following inspection and plan checking duties: City of San Juan Capistrano Land Use Code 9-1-3 November 15, 2002 Chapter 9.1 - General Provisions (1) To make structural inspections of residential and non-residential construction to ensure compliance with the latest adopted Uniform Building Code and other related Codes and laws; and (2) To check plans and make inspections of construction work for conformity with the latest adopted Mechanical Code, National Electrical Code, and Uniform Plumbing Code. (d) Shall review the plans and process building permit applications for subdivisions,create and assign official addresses,investigate complaints, and conduct the followup of violations to this title, including serving as courtroom witness. (e) Shall issue certificates of use and occupancy for all building;construction and modifications that may change the occupancy or building classification of existing buildings. Sec. 9-1.105 Director of Building and Engineering Services Authority Subject to the general control and supervision of the City Manager,the Director of Engineering and Building Services shall have the following duties,responsibilities,and authority for Chapters 1 through 5 of this title,as well as other duties,responsibilities,and authority prescribed for the Director of Engineering and Building Services under other laws and ordinance,City regulations, and administrative provisions: (a) Overseeing all the duties and responsibilities as prescribed for the Building Official,upon who he or she supervises. (b) Authorized and directed to investigate all purported violations of any of the provisions of Chapters 1 through 5 of this title. If a violation is determined to exist or to be pending, - the Director of Engineering and Building Services is hereby authorized and directed to take such measures as deemed necessary or expedient to enforce and secure compliance with the provisions of Chapters 1 through 5 of this title. _ (c) Where any use of land or a building or erection, construction, reconstruction, moving, alteration, or addition to any building or structure is being done contrary to the provisions of Chapters 1 through 5 of this title, the Director of Engineering and Building Services may order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized to recommence by the Director of Engineering and Building Services. (d) The Director of Engineering and Building Services shall have the direct authority and responsibilities wherever Chapters 1 through 5 reference the City Engineer. City of San Juan Capistrano Land Use Code _. 9-1-4 November 15, 2002 Chapter 9.1 - Genera]Provisions Sec. 9-1.107 Environmental Administrator Authority Environmental review of projects shall be carried out by the City's Environmental Administrator pursuant to the California Environmental Quality Act and City procedures.The Planning Director or his or her designated representative is hereby appointed as the Environmental Administrator. The Environmental Administrator shall meet regularly,shall develop procedures for the efficient completion of environmental review for all projects, and shall perform other duties, as specified in Chapter 2 Administration, to facilitate the land use and development review process. Sec. 9-1.109 Planning Director Authority Subject to the general control and supervision of the City Manager, the Planning Director shall have the following duties,responsibilities,and authority for Chapters 1 through 5 of this title, as well as other duties, responsibilities, and authority prescribed for the Planning Director under other laws and ordinances, City regulations, and administrative provisions: (a) The Planning Director shall be responsible for the processing of all development applications contained in Chapter 2, Article 3 Development Review Procedures of this title, in accordance with the applicable provisions contained in said Article. (b) The Planning Director shall be responsible for determining the applicable section of this title that may apply when separate provisions of this title appear to be in conflict. (c) The Planning Director shall investigate and submit to the Planning Commission or City Council, his or her findings on appeals where it is alleged there is an error or abuse of discretion in any order, requirement, decision, or determination made during the administration of Chapters 1 through 5 of this title. (d) The Planning Director shall have authority or responsibilities where said authority or responsibility is assigned to the Director by the provisions of Chapters 1 through 5 of this title. Said authority and responsibility may be delegated through deputies or assistants appointed by him or her for such purpose. Sec. 9-1.111 Zoning Administrator Authority (a) Office of Zoning Administrator created The office of Zoning Administrator is hereby established pursuant to the authority granted to cities under Section 65900, et seq. of the Government Code of the State of California. City of San Juan Capistrano Land Use Code 9-1-5 November 15, 2002 Chapter 9.1 - General Provisions (b) Intent and purpose The office of Zoning Administrator is established to increase the efficiency and responsiveness of the administration of the City's zoning regulations in the following areas: (1) To provide efficient methods of implementing the zoning regulations by reducing the staff time involved and providing more flexibility in the processing of certain variances, conditional use permits, and other permits as specified in this article; "l (2) To provide a method by which minor adjustments from the requirements of zoning regulations may be decided without the necessity of the delays incident to the setting of such matters for public hearing; (3) To relieve the Planning Commission from the performance of certain minor functions of a routine nature which tend to divert that body from the major planning and zoning functions entrusted to the Commission by the San Juan Capistrano Municipal Code and the laws of the State of California. (c) Appointment of Zoning Administrator _ The Planning Director shall appoint the Zoning Administrator and such alternate persons to act for, and in behalf of, the Zoning.Administrator during his or her absence. (d) Authority of Zoning Administrator Subject to the general control and, supervision of the Planning Director, the Zoning Administrator shall have authority in the following areas: (1) Conditional use permits. The Zoning Administrator shall have authority to make determinations on conditional use permit applications subject to the criteria set forth in Section 9-2.317 Conditional Use Permit of the Municipal Code. Said authority shall be limited to the following specific areas when allowed with a conditional use permit as identified in Chapter 3 Zoning Districts and Standards: (A) Residential Districts _.. (i) Animal raising; (ii) Apiaries; (iii) Secondary dwelling unit, as set forth in Section 9-3.501 Accessory Uses and Structures; and (iv) Tennis court lighting, as set fDrth in Section 9-3.501 Accessory Uses and Stnictures and Section 9-3.529 Lighting Standards. City of San Juan Capistrano Land Use Code 9-1.-6 November 15,2002 Chapter 9.1 - General Provisions (B) Commercial Districts (i) Book binding; (ii) Dancing and live entertainment,- (iii) ntertainment;(iii) More than three (3)game machines; and (iv) Veterinary offices and clinics. (C) Industrial Districts (i) Collection and recycling of paper, glass and other materials, excluding junk yards and automobile salvage; - (ii) Collection centers for recycling, as set forth in Section 9-3.537 Recycling Facilities; (iii) Packing plants for whole ag-icultural products, excluding food processing; and (iv) Processing and/or sales of top soil or fill dirt. (2) Variances. The Zoning Administrator shall have the authority to make determinations on variance applications, except when any application is submitted in conjunction with a part of a project which requires Planning Commission action as a normal course and shall automatically be referred to the Planning Commission. The variance shall be subject to the findings set forth in Section 9-2.351 Variances - and Exceptions. (3) Development standards adjustment. The Zoning Administrator shall have authority to make determinations on development standards adjustment applications subject to the criteria and limitations set forth herein.The adjustment application may only apply to a project on an individual parcel and shall not be part of a larger project that is subject to Planning Commission or City Council consideration. Such authority shall be limited to the following specific adjustments pursuant to Section 9-2.319 Development Standards Adjustment: (i) All dimensional or percentage requirements of Chapter 3 Zoning Districts and Standards of this Title-maximum of ten(10)percent adjustment to required minimums or maximums. (4) Exceptions to regulations.The Zoning Administrator shall have the authority to grant exceptions to land use regulations, except when any application is submitted in conjunction with a part of a project which requires Planning Commission action as a normal course and shall automatically be referred to the Planning Commission. The exception to land use regulations shall be subject to the findings set forth in Section 9-2.351 Variances and Exceptions. (5) Modifications to approved architectural control applications. The Zoning Administrator shall have the authority to make determinations on modifications to City of San Juan Capistrano Land Use Code 9-1-7 November 15, 2002 Chapter 9.1 - General Provisions architectural control applications subject to the criteria set forth herein. No public hearing shall be required. This application shall be allowed one time only for each element of an approved architectural control application. Said authority shall be limited to the following specific_modifications: (A) Lighting,landscaping,and sign program modifications in compliance with the criteria as established within Municipal Code Sections 9-3.29 Lighting Standards, 9-3.527 Landscape, and 9-3.543 Signs; (B) Dimensional and percentage requirements for lighting, landscaping and sign _ program shall not exceed a maximum of a ten (10) percent modification; (C) Building additions not more than fifteen (15) percent nor greater than 1,500 square feet,whichever is less. This application shall be allowed one time only for each building. (e) Zoning Administrator procedures (1) Determinations on applications. The Zoning Administrator may approve, conditionally approve, deny, or continue, for reasonable cause, any application described in this article. (2) Referral to the Planning Commission. The Zoning Administrator may choose to refer any application described in this article to the Planning Commission when the _ Zoning Administrator determines that the general public interest warrants such referral because the project is not consistent with the General Plan,applicable permit requirements, or other adopted City plan or regulation. When any application described in this article is in conjunction with,and a part of,a project which requires Planning Commission action as a normal course,such application shall automatically be referred to the Planning Commission. (3) Public hearings. The Zoning Administrator shall hold public hearings for conditional use permits and variances as required by Section 9-2.335 Public Hearing Procedures and shall set the time and place of such hearings and ensure that the required notifications are made.The Zoning Administrator shall record his or her findings in full. The Zoning Administrator's decision, based on such findings, shall be conclusive, unless appealed as set forth herein. (4) Appeals.All determinations by the Zoning Administrator may be appealed to the City Council by the applicant or other aggrieved party in accordance with Section 9-2.311 Appeals. City of San Juan Capistrano Land Use Code 9-1-8 November 15, 2002 Chapter 9.1 - General Provisions ARTICLE 2. ENFORCEMENT, VIOLATIONS, AND PENALTIES Sec. 9-1.201 Violations and Penalties (a) Violations Any building or structure set up,erected,built,moved;,or maintained or any use of property contrary to the provisions of Chapters 1 through 5 of this title or any condition attached to the granting of any use permit, conditional use permit, or variance is hereby declared to be unlawful and a public nuisance and shall be punishable as set forth in Chapter 2 of Title 1 of this Municipal Code. (b) Abatement The duly constituted authorities of the City, upon an order of the City Council, shall immediately commence an action or proceeding for the abatement, removal, and enjoinment of such violation in the manner provided by law and shall take such other steps or shall apply to such courts as may.have jurisdiction to grant such relief as will abate and remove such building,structure, or use and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any such building or structure or using any property contrary to the provisions of this Code. (c) Revocation of permits and variances The failure of any person to abide by and faithfully comply with the specifically approved development plan and any and all conditions which may be attached to the granting of any use permit,conditional use permit,or variance pursuant to-the provisions of Chapters 1 through 5 of this title shall constitute grounds for the revocation of such use permit, conditional use permit, or variance by the City Council. Judicial procedures will be used at the revocation hearing when reviewing potential failures to comply with the project as specifically approved. (d) Remedies cumulative All remedies provided for in this section shall be cumulative and not exclusive. City of San Juan Capistrano Land Use Code 9-1-9 November 15, 2002 Chapter 9.2 -Administration CHAPTER 2. ADMINISTRATION Article 1. General Plan Review and Consistency 9.2-101. Consistency of Projects with the General Plan 9-2.103. Residential Density and Unit Count Article 2. Environmental Review Procedures 9-2.201. Environmental Review Procedures Article 3. Development Review Procedures 9-2.301. General Review Procedures 9-2.303. Administrative Approvals 9-2.305. Adult Business Permit 9-2.307. Amendment of the General Plan 9-2.309. Amendment of the Land Use Code 9-2.311. Appeals 9-2.313. Architectural Control Review 9-2.315. Change of Zone District 9-2.317. Conditional Use Permit 9-2.319. Development Standards Adjustment 9-2.321. Floodplain Land Use Permit 9-2.323. Grading Plan Review 9-2.325. Growth Management 9-2.327. Historical and Cultural Landmark Site Plan Review 9-2.329. Lot Line Adjustments and Reversions to Acreage 9-2.331. Mobilehome Park Conversions, Closures, and Cessation of Use 9-2.333. Pre-zoning Prior to Annexation Procedures 9-2.335. Public Hearing Procedures 9-2.337. Public Improvement Plans and Outside Agency Development Review 9-2.339. Public Meeting Procedures 9-2.341. Sand, Gravel, and Mineral Extraction Permit 9-2.343. Sign Permit Review 9-2.345. Subdivision Approval 9-2.347. Temporary Use Permits 9-2.349. Tree Removal Permit 9-2.351. Variances and Exceptions Article 4. Nuisances City of San Juan Capistrano Land Use Code 9-2-1 November IS, 2002 Chapter 9.2 -Administration .ARTICLE 1 . GENERAL PLAN REVIEW ALND CONSISTENCY Sec. 9-2.101 Consistency of Projects with the General Plan (a) General Plan consistency requirements The California Government Code requires that all city zoning ordinances, zone changes, subdivisions,and public works projects be consistent with the City's General Plan. The intent and purpose of this Land Use Code(i.e.,Title 9,Chapters 1 through 5,Municipal Code)and the City's overall planning program is that no public or private development project shall be approved which is inconsistent with the City's General Kan.This section sets forth procedures for determining the consistency of proposed projects with the General Plan. - (b) Procedures for determining consistency The Planning Director shall make a preliminary finding on whether a proposed zone change, subdivision,or other land use or development application is consistent with the General Plan. If the Planning Director finds that a proposal is not consistent with the General Plan or that there is reasonable doubt regarding General Plan consistency,the Planning Director shall refer the application to the Planning Commission for a consistency finding prior to review of the proposal itself. If the Planning Director finds that the proposal is consistent with the General Plan, the proposal shall be scheduled for normal development review processing (ref. Sections 9- 2.301 through 9-2.3 51)and approval or denial.The appropriate decisionmaking authority shall make a final determination of General Plan consistency prior to or concurrent with approval or denial of the application in question. In all cases,if the final decisionmaking authority finds that a proposal is not consistent with the General Plan, the proposal shall be denied. Determinations regarding General Plan consistency may be appealed in accordance with the provisions of Section 9-2.311 Appeals. - (c) Criteria for determining consistency The Planning Director or the applicable decisionmaking authority shall utilize the following criteria in determining whether a proposed project is consistent with the General Plan: (1) The proposal is compatible with the goals,policies,objectives,programs,and general land uses of applicable elements of the General Plan.In order to satisfy this criterion, City of San Juan Capistrano Land Use Code 9-2-2 November 15, 2002 Chapter 9.2 -.Administration a proposal must meet the overall intent of such goals, policies, and objectives. (2) The base zoning district (ref. Chapter 3 Zoning Districts and Standards of this Title 9) required to accommodate the Proposal is consistent with the applicable General Plan land use designation shown on the General Plan Land Use Policy Map. Such zoning consistency shall be determined by consulting the Zoning Consistency Matrix(Table 2-1,following) which depicts which Zoning Districts are consistent with the various General Plan Designations. (3) For residential projects, the number of project dwelling units is consistent with the General Plan density designation. Density and unit counts shall be computed in accordance with Section 9-2.103 Residential :Density and Unit Count. Sec. 9-2.103 Residential Density and Lint Count The maximum residential density for a specific;property is designated on the General Plan Land Use Policy Map. The actual density and net dwelling units may be less than the maximum designated on the.General flan in order to meet the development standards of Title 9 and other applicable regulations. The City Council has the final authority, through the administration of this Land Use Code, to determine the appropriate density for each site. City of San Juan Capistrano Land Use Code 9-2-3 November 15, 2002 n OZ w y w u o O m 9 C* a y c 3 m a v ° a �. p oCD ? a s c f C m W0 w 9 CD 7 �+ O rts i Zt Q 00 G C� 'O G F m K w o u w W CD ° a 5 F ro .ti r+ ° ° ro to O n n n n c a ° n nv ° o ro x o c °ox ° q r ? � o � n ti ro O O n ro 7J n n x x r x w ro a z0 G G b o N n a c o � S q `( ti y � E r-( Q X x Residential/Agriculture(RA) C9 X x X X X x X x Hillside Residential(HR) rD X X X Single Family-40,000(RSE-40,000) .d X x k k Single Family-20,000(RSE-20,000) dk X X X Single Family-10,000(RS-10,000) y O�xC X x X x Single Family-7,000(RS-7,000) o X x x x Single Family4,000(RS-4,000) ,. w x X X X Residential Garden-7,000(RG-7,000) bQ X x x Residential Garden-4,000(RG-4,000) O I� ry X X X X Multiple Family(RM) 0 x x X Affordable Family/Senior Housing(AF/SH) N X X Mobilehome Park(MHP) CD x x X X x X X X X x X ;k X x X x X k x X x X x X x x Planned Community(PC) y X X Tourist Commercial(TC) ►! yX X Office Commercial(OC) i n k X Neighborhood Commercial(NC) O CD X x General Commercial(GC) X X Commercial Manufacturing(CM) x X Industrial Park(IP) x X x Agri-Business(A) x x X X Public and Institutional(P&I) X x General Open Spsce(GOS) X X X Open Space Recreation(OSR) x X X Neighborhood Park(NP) x X X Community Park(CP) X X X Specialty Park(SP) Z X k x Regional Park(RP) O x k X Natural Open Space(NOS) X x X i Recreation Commercial(RC) Irt r— X X x X X X X x x x x. X X X X X X X X X X X x x x x Specific Plan/Precise Plan(SP/PP) , Iv n X X Farm Market(FM) C•- X X Solid Waste Facility(SWF) Chapter 9.2 -Administration ARTICLE 2. ENVIRONMENTAL REVII-W PROCEDURES Sec. 9-2.201 Environmental Review Procedures All land use and development review applications referenced in this chapter (such as zone changes, conditional use permits,subdivisions, etc.) and all public works and other public projects shall undergo environmental review prior to consideration by the decisionmaking authority. Environmental review shall be carried out in accordance with the California Environmental Quality Act, State Environmental Impact Report Guidelines, City's Environmental Impact Report Guidelines, and other applicable regulations. City of San Juan Capistrano Land Use Code 9-2-5 November 15, 2002 Chapter 9.2 -Administration ARTICLE 3. DEVELOPMENT REVIEW PROCEDURES Sec. 9-2.301 General Review Procedure All development proposals within the City of San Juan Capistrano may be subject to one or more development review procedures contained in this Article. The exact review procedures, if any, that apply to a specific project will be determined on a case-by-case basis by the Planning Director based on an understanding of the project specifics. Sec. 9-2.303 Administrative Approvals (a) Authority of the Planning Director The Planning Director has been granted authority of administrative approval in accordance with Chapter 3 Zoning Districts and Standards of this title,subject to specific findings and procedures. The Planning Director may also refer more sensitive projects identified under this section to the Design Review Committee for recommendation prior to final approval. Therefore, the following items are hereby delegated to the Planning Director for review and approval: (1) Amateur radio antenna permits in compliance: with the provisions of Section 9- 3.507 Antennas; (2) Awnings in all non-residential districts where the awning is structurally attached to the principal permitted structure in compliance with Section 9-3.501 Accessory Uses and Structures; (3) Building additions not to exceed ten (10) percent of the gross,floor area of the existing building with a maximum of 1,000 square feet. This application shall be allowed one time only for each building. A finding of consistency with the existing building architectural style,materials,colors,and other provisions of the Municipal Code is made; (4) Color changes,windows,and door relocation and/or additions which are compatible with the existing building architectural style and the City's adopted Architectural Design Guidelines; (5) Equestrian shows and exhibits as permitted in compliance with the provisions under Section 9-3.515 Equestrian Standards; (6) Exterior lighting as permitted in individual districts in compliance with the provisions City of San Juan Capistrano Land Use Code 9-2-6 November 15, 2002 Chapter 9.2 -Administration of Section 9-3.529 Lighting Standards; (7) Fences exceeding six (6) feet in height in compliance with the provisions of Section 9-3.517 Fences,Walls, and Hedges; (S) Home business permit applications which comply with the provisions of Section 9- 3.523 Home Business; (9) Modifications which are minor in nature to approved tentative tract or parcel maps; (10) Outdoor dining. Where that portion of the area used for outdoor dining is considered in calculating the parking requirements in accordance with Section 9- 3.535 Parking and a finding :is made that all parking provisions of the Municipal Code are satisfied; (11) Outdoor display of merchandise and product display for an existing building which complies with the provisions under Section 9-3.549 Storage and Display; (12) Outdoor storage as permitted in individual districts in compliance with the provisions under Section 9-3.549 Storage and Display, (13) Roof eaves and gables on accessory structures in excess of twelve(12)inches,measured from the vertical side of the unit, in compliance with Section 9-3.501 Accessory Uses and Structures, (14) Sign permit applications in compliance with the provisions of Section 9-3.543 Signs; and (15) Special activity permit applications in compliance with the provisions of Section 9- 3.547 Special Activities. (b) Application completeness The Planning Director shall prescribe the type and form of information required to process an administrative approval. Once an application is received by the Department of Planning Services,the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application will be processed according to the procedure described in subsection(c) Process. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. City of San Juan Capistrano Land Use Code 9-2-7 November IS, 2002 Chapter 9.2 -Administration (c) Process Within five (5)working days of receipt of a complete application form and all supporting information,the Planning Director shall approve,deny,or approve subject to modifications or refer the project to the Planning Commission for review and action. - (d) Time limit for implementation An approved application will be valid for one (1) year and shall not be extended. (e) Appeals Decisions of the Planning Director regarding administrative approvals may be appealed to the City Council in accordance with Section 9-2.311 Appeals. Sec. 9-2.305 Adult Business Permit (a) Process The process for obtaining adult business permits is defined in Section 5-27 of the Municipal Code. Sec. 9-2.307 Amendment of the General Plan (a) Initiation of General Plan amendments Only the City Council may initiate a General Plan amendment by adopting a resolution directing the Department of Planning Services to conduct an appropriate General Plan study. In addition, any property owner or his or her designated agent, resident, the Planning Commission, or a member of the City Council may petition the City Council to initiate a General Plan amendment. (b) Number of allowable General Plan amendments per year Pursuant to Government Code Section 65358,no mandatory element of the plan shall be amended more frequently than four (4) times during any calendar year. The Planning Director shall, in January of each year, schedule four (4) tentative times during the year when General Plan amendments may be heard by the Planning Commission and City Council. City of San Juan Capistrano Land Use Code 9-2-8 November 15, 2002 Chapter 9.2 -Administration (c) Minimum vote requirement Pursuant to Government Code Section 65356, no General Plan amendment shall be enacted unless the City Council votes by three(3)affirmative votes to approve the proposed - General Plan amendment. In the event that the Planning Commission fails to recommend approval of a General Plan amendment by three (3) affirmative votes of its membership, a lack of an affirmative recommendation shall be treated as a denial and the matter shall be forwarded to the Ci y Council for final action. (d) Review procedure Each petitioner for a General Plan amendment shall submit information deemed necessary to complete environmental review and the consideration of the amendment itself. The Planning Director shall prescribe the type and form of information required and shall ensure that it is of sufficient detail to allow adequate analysis of each proposal. Following Ciy Council acceptance of one or more General Plan amendment petitions for consideration, the procedure depicted in Figure 2-1 shall be used. Sec. 9-2.309 Amendment of the Land Use Code (a) Introduction Amendments of this Land Use Code (Title 9, Chapters 1 through 5 of the San Juan Capistrano Municipal Code) shall include amendments to this Land Use Code text (text amendment), as an integral part of this Land Use Code. (b) Decisionmaldng authority The Ciy Council may amend the Land Use Code text by adoption of an amending ordinance in accordance with the procedures set forth in this section. (c) Initiation of application Consideration of a Land Use Code text amendment must be initiated by the City Council. City commissions, boards, City staff, or any interested private party may petition the Ci y Council to initiate consideration of a text amendment. City of San Juan Capistrano Land Use Code 9-2-9 November 15, 2002 Chapter 9.2 -Administration Petition of the City Council to initiate a General Plan Amendment City Council decides to initiate General Plan City Council initiates General Plan Amendment Amendment Environmental Administrator(EA) evaluates Amendment for compliance - with state environmental laws. The Amendment will be circulated for at least a 45-day review period. Other City Commissions review the proposed General Plan Amendment* 1 Planning Commission considers proposed Amendment.Public Hearing required. Commission acts to recommend to the City Council: •Approve •Modify •Deny \ y - City Council considers application. Public Hearing required. Council acts to: MAJOR MODIFICATION *Approve (of Planning Commission *Modify recommendation) •Deny Planning Commission has 45 days to review APPROVE/ modifications referred by the City Council. DENY Public Hearing not required.Commission acts to recommend to the City Council: 'Approve** •Modify •Deny AIL * Other City Commissions shall transmit comments to the Planning Commission at least 72 hours prior to the scheduled public hearing. **Failure of the Planning Commission to respond Figure 2-1 within 45 days is considered an automatic Process for Amendment approval. of the General Plan City of San Juan Capistrano Land Use Code 9-2-10 November 15, 2002 Chapter 9.2 -Administration (d) Review process The Planning Director shall prescribe the type and form of information required and shall ensure that it is of sufficient detail to allow adequate analysis of each proposal. Text amendments applications shall be processed in accordance to the procedure depicted in Figure 2-2. Sec. 9-2.311 Appeals (a) Introduction and City Council authority All decisions by City commissions, boards, committees, staff, or other City bodies regulated by this chapter where authority has been granted to take a final action or decision regulated by this chapter are subject to appeal to the City Council,unless said appeal is subject to a specific procedure adopted as part of this title. (b) Time period for submission of appeal An appeal shall be filed in writing on a form provided by the City Clerk. The appeal shall state the specific reasons for making the appeal. Said appeal form shall be filed with the City Clerk within fifteen(15)days following an action or decision by a City commission,board, committees, staff or other City body. (c) Who may initiate appeals An applicant, any resident of the City, any owner of real property in the City, or a tenant or leaseholder of property which is located adjacent to/or within 300 feet of the property boundaries of the application being appealed,or an individual or firm that may be effected by the decision on the application.. The filing of a valid appeal shall stay all further actions/decisions on the matter being appealed. (d) Appeal review procedures Each petitioner for an appeal shall submit information deemed necessary to complete the review and consideration of the appeal. The City Clerk shall prescribe the type and form of information required and shall ensure that it is oi'sufficient detail to allow adequate analysis of each appeal. Once an appeal is received by the City Clerk,the appeal application ,Ail] be reviewed for completeness. If the City Clerk finds the application to be complete, then the application will be processed according to the procedure described in Figure 2-3. If the application is found to be incomplete, the City Clerk will notify the applicant in writing within 30 days what additional information is required, and the appeal will not be processed until that information is received by the City Clerk. City of San Juan Capistrano Land Use Code 9-2-11 November 15, 2,002 Chapter 9.2 -Administration Petition to the City Council to initiate a Land Use Code Amendment City Council decides to initiate Land Use Code Amendment City Council initiates Land Use •o -Amendment ' Environmental Administrator (EA)evaluates project for Forwarded to other compliance with state City Commissions for environmental laws. The proposed Other City review if necessary project will b,�circulated for up to a Commissions review 45-day review period. -- the proposed project Forwarded to Planning Commission if review by other - City Commissions not necessary Planning Commission considers the project application and forwards a recommendation to the City Council. Public hearing is required. Planning Commission has 30 days to review modifications referred by the City Council. \ — Public Hearing not required.Commission J} forwards a recommendation to the City IF Council. City Council considers application. Additional review Public Hearing required. Council acts to: needed •Approve Condit ionally Approve *Deny Figure 2-2 ~ Process for Amendment to the Land Use Code City of San Juan Capistrano Land Use Code 9-2-12 November 15, 2002 Chapter 9.2 -Administration Appeal Submitted to City Clerk' within 15 days . actio- by board, committee,sta or other City ... Application submittal requirements not met; returned for additional information Application reviewed for validity and completeness by City Clerk. and findings made Application submittal requirements met and appeal is valid Application determined to be invalid. Applicant notified with findings and appeal fee returned. City Council considers appeal within 45 days. Public Hearing required if a hearing was required for the original action. Council acts to: NOT •Affirm CONFIRM •Reaffirm City Council conside;Ci��Ctlek'sr •Reverse determination.Couo: 1 °Modify °Confirm J •Not Confirm CONFIRM OL AIL Figure 2-3 Process for Appeal of Decisions to City Council City of San Juan Capistrano Land Use Code 9-2-13 November 15, 2002 Chapter 9.2 -Administration (e) Findings In reviewing the application for completeness, the City Clerk shall make a determination that the appeal is or is not valid.In making this determination the City Clerk shall make the following findings: (1) The specific reason for filing the appeal as stated on the appeal form, relates to a _ discretionary action which was under consideration by the decision-making body. (2) The individual is qualified to file an appeal as meeting the definition listed under — subsection (c) of this section. Sec. 9-2.313 Architectural Control Review (a) Projects subject to architectural control (AC) :review AC review shall be conducted for every project proposing a commercial,office,industrial, institutional, recreational, or other nonresidential development use, or residential projects with a gross density of eight (8) units per acre or more. Residential projects with a gross density of less than eight (8) units per acre are exempt from AC review. Projects requiring separate discretionary entitlement.,such as rezoning,subdivision maps, variances, use permits, or similar applications shall also be subject to the procedural requirements of Article 3 Development Review Procedures of Chapter 2 of this title. (b) AC review process Each applicant for an AC review shall submit information deemed necessary to complete environmental review and the consideration of the application itself.The Planning Director shall prescribe the type and form of information required and shall ensure that it is of sufficient detail to allow adequate analysis of each application. Once an application is received by the Department of Planning Services,the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete,then the application shall be processed in accordance to the procedure depicted in Figure 2-4. If the application is found to be incomplete,the Department of Planning Services will notify the applicant in writing within thirty(3 0)days what additional information is required,and the -- application will not be processed until that information is received by the Department of Planning Services. AC review applications shall be processed in accordance to the procedure depicted in Figure 2-4. City of San Juan Capistrano Land Use Code 9-2-14 November 15, 2002 Chapter 9.2 -Administration Pre-Application Meeting Application Project is residential with a gross density of less than 8 units/acre and does not require separate discretionary entitlement Project does not qualify for exemption Application submittal requirements not met; Application reviewed for returned for additional completeness by Deparl:ment of information Planning Services within 30 days C Application submitral requirements met. Application determined to be incomplete; returned for additional - information Project Coordinating Committee(PCC)reviews Application determined application for completeness and to be complete identifies issues Design Review Environmental Administrator Committee reviews (EA)evaluates application for the proposed project to compliance with state identify possible design environmental laws. The issues and provide application will be circulated for up comments on the AC to a 45-day review period application v=Departmentnning Services Planning Commission considers l/denial based on application.Public Meeting required. y Codes and the Commission acts to: Plan *Approve •Conditionally Approve •Deny* NO APPEAL APPEAL FSee Figure 2-3 for description of appeals process *The Planning Commission may continue an item to seek Figure 2-4 additional information.However,in no instance shall an item be continued for more than two meetings,unless Process for Architectural agreed to by the applicant. Control (AC) Review City of San Juan Capistrano Land Use Code 9-2-15 November 15, 2002 Chapter 9.2 -Administration (c) Findings In order to approve an AC review application, the Planning Commission shall make the following findings: (1) The project plans comply with all provisions of Title 9 of the San Juan Capistrano Municipal Code; (2) The architectural and general design of the project is generally consistent with the goals, policies and objectives of the Community Design Element and all other applicable provisions of the General Plan; (3) The site plan is compatible with surrounding e.dsting and proposed land uses; - (4) The general design considerations, including the character, scale and quality of the design are consistent with the adopted Architectural Design Guidelines of the City; (S) The site plan is functional and safe in regards to existing or mitigated off-site conditions as they relate to adequacy ofvehicular,bicycle and pedestrian circulation; (6) The general landscape design, including the location, type, size, color, texture and coverage of plant materials has been considered to insure visual relief to complement buildings and structure; and If one or more of the above-stated findings cannot be made to approve the application,the Planning Commission shall deny the application citing specific reasons in support of their action. Approved plans are approved as precise. (d) Expiration of application approvals _._. Application approvals granted under this section shall expire two (2)years from the date of approval by the Planning Commission if building permits have not been issued and construction is not underway. The Planning Commission may grant extensions to their approval not to exceed an additional twelve(12)months per request. Said applications for an extension of time must be submitted to the City prior to the expiration date. When granting an extension, the Planning Commission must find that the application remains consistent with all applicable provisions of this Code. Decisions of the Planning Commission on applications for extensions may be appealed to the City Council in accordance with Section 9-2.311 Appeals of the Municipal Code. City of San Juan Capistrano Land Use Code 9-2-16 November 1S, 2002 Chapter 9.2 -Administration Sec. 9-2.315 Change of Zone District (a) Introduction Amendments to this Land Use Code (Title 9, Chapters 1 through 5 of the San Juan Capistrano Municipal Code) shall include changes in the Oficial Zoning Map(zone change) adopted by reference, per Article l Establishment of Districts: Official Zoning Map of Chapter 3 of this title, as an integral part of this Land Use Code. (b) Decisionmaking authority The City Council may amend the Oficial Zoning Map by adoption of an amending ordinance in accordance with the procedures set forth in this section. (c) Initiation of application Consideration of a zone change, i.e., a change to the Oficial Zoning Map, may be initiated for a given parcel by the City Council or by the record owner of that parcel or the owner's authorized agent. The Planning Commission; City staff, or other interested parties may also petition the City Council to initiate consideration of a proposed zone change. Applications for zone changes may be filed with the Department of Planning Services,The Planning Director shall prescribe the form of application and the supporting information required to initiate both environmental review (pursuant to Article 2 Environmental Review Procedures of Chapter 2 of this title) and the zone change application review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application shall be processed in accordance to the procedure described in subsection (d). If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty(30)days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. Zone change applications shall be considered only if found consistentwith the City's General Plan in accordance with Article 1 General Plan Review and Consistency of Chapter 2 of this title and Table 2-1 Zoning Consistency Matrix. (d) Development review process Zone change applications shall be processed in accordance to the procedure depicted in Figures 2-5 and 2-6. City of San Juan Capistrano Land Use Code 9-2-17 November 15, 2002 Chapter 9.2 -Administration Sec. 9-2.317 Conditional Use Permit (a) Purpose and intent Chapter 3 Zoning Districts and Standards of this title contains listings of land uses which are permitted within the different zoning districts upon approval of a conditional use permit (CUP). Such uses require approval of a CUP for their establishment because, although deemed consistent with the purpose and intent of the district, they typically have characteristics which require special regulation in order to avoid or minimize potential adverse impacts on surrounding properties. Therefore, each such proposed comparable mobilehome park shall be reviewed individually to determine whether the subject land use should be permitted at the particular location proposed and what special conditions should be placed on the establishment and operation of an approved comparable mobilehome park. (b) Listings of conditional uses Only those uses listed in the District Regulations of Chapter 3 Zoning Districts and Standards of this title as permitted conditional uses or those uses added to such listing by "determination of use" (ref.Article 2 District Regulations:General Provisions of Chapter 3 of this title) may be approved within a given district by means of a CUP. (c) Decision maldng authority The Planning Commission or the Zoning Administrator shall have the authority to approve, deny, or approve with conditions CLIP applications as specified in Article 3 Development Review Procedures of this chapter. - (d) Initiation of application Applications for conditional use permits may befiled with the Department of Planning Services by a record owner of the property in question or by the owner's authorized agent. The Planning Director shall prescribe the form of application and the supporting information required to initiate both environmental review(pursuant to Article 2 Environmental Review Procedures of Chapter 2 of this title) and the CLIP application review. City of San Juan Capistrano Land Use Code 9-2-18 November 15, 2002 Chapter 9.2 -Administration Pre-Application Meeting by property owner;or authorized agent,for Zone Change • application Rd B • • 1 • • 1 Application submittal Application submittal requirements not met; Application reviewed for Pp completeness b Department of requirements met returned for additional p y P information Planning Services Application determined to be incomplete; Project Coordinating d for additional Application determined Committee(PCC)reviews information application for completeness and to be complete identifies issues Forwarded to other City Commissions for Other City review if necessary Environmental Administrator - Commissions review (EA)evaluates project for the proposed project compliance with state environmental laws. The proposed project will be circulated for up to a 45-day review period Planning Commission has 30 days to review Forwarded to Planning modifications referred by the City Council. Commission if review by other Public Hearing not required.Commission City Commissions not necessary forwards a recommendation to the City Council CPlarining Commission considers theoject application and forwards ammendation to the City Council.Public hearing is required City Council considers application. Public Hearing required. Council acts to: •Approve •Conditionally Approve •Deny Figure 2-5 Process for Change of Zone District - Property Owner Initiated City of San Juan Capistrano Land Use Code 9-2-19 November 15, 2002 Chapter 9.2 -Administration Petition to the City Council to initiate a Zone Change City Council decides to initiate Zone Change City Council JnJitiates Z�one Change Environmental Administrator Forwarded to other (EA)evaluates project for City Commissions for compliance with state review if necessary -- environmental laws. The proposed project will be circulated for up to a 45-day review period IF Forwarded to Planning Other City Commission if review by Commissions review other City Commissions not the proposed project necessary CPlarmingion considers the and Forwards athe City Council.is required 7Plan-ning :Council 30:daystoewe l.d.on City Council considers application. Public Hearing required. Council acts to: •Approve •Conditionally Approve •Deny \- a I Figure 2-6 Process for Change of Zone District - City Council Initiated City of San Juan Capistrano Land Use Code 9-2-20 November 15, 2002 Chapter 9.2 -Administration Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application shall be processed in accordance to the procedure described in subsection (e). If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty(30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. (e) Review process CLIP applications shall be processed in accordance to the procedure depicted in Figure 2- 7. (f) Conditions of approval A finding that the proposed comparable mobilehome park, with any required specific conditions, is compatible with adjacent permitted land use for the base district is necessary for approval. In order to mitigate the possible adverse impact of a comparable mobilehome park on surrounding properties and to ensure overall consistency of the use with the Land Use Code and the General Plan,specific conditions may be;imposed on any CLIP approval. Such conditions may include, but are not limited to, restrictions on hours of operation. (g) Establishment of use Conditional use permits, when approved, authorize the establishment and operation of a particular land use at a particular location. As such, the establishment and development of an approved comparable mobilehome park must be diligently pursued. Therefore, the comparable mobilehome park must be established at the approved location within one(1)year of the final approval of the CUP. Such establishment shall be deemed to consist of the satisfaction of all relevant CLIP conditions of approval and one of the following three (3) actions: (1) the issuance of a building permit for neve construction (if said permit expires, approval of conditional use permit shall become null and void); (2)the issuance of a certificate Of use and occupancy for the establishment of a comparable mobilehome park in an existing structure;or(3) the commencement of operation of the comparable mobilehome park in cases where no construction or existing structure is involved (e.g., resource extraction). City of San Juan Capistrano Land Use Code 9-2-21 November 15, 2002 Chapter 9.2 -Administration Pre-Application Meeting Applicat ion Submittal Application submittal Application reviewed for Application submittal requirements not met; completeness by Department of requirements met returned for additional Planning Services information Application determined Project Coordinating to be incomplete; Committee(PCC)reviews Application determined returned for additional application for completeness and to be complete information identities issues Forwarded to City Commissions if the project Environmental Administrator does not qualify for Zoning (EA)evaluates application for Administrator review compliance with state environmental laws. The City Commissions application will be circulated for up review the proposed to a 45-day review period project Forwarded to Planning Forwarded to Zoning Commission if the project Administrator if project does not qualify for Zoning meets the requirements of Section 9-1.111 Administrator review and --- review by other Commissions not necessary IF Zoning Administrator(ZA) considers application.Public Hearing required. ZA acts to: =- orom ission considers *Approve earing required. *Conditionally Approve n acts to: *Deny ove lly Approveny 1N0 APPEAL APPEAL NO APPEAL IF IF See Figure 2-3 for description of appeals process Figure 2-7 Process for Conditional Use Permit City of San Juan Capistrano Land Use Code 9-2-22 November 15, 2002 Chapter 9.2 -Administration If the preceding requirements are not met within one year of final CLIP approval, the conditional use permit shall be rendered null and void. The applicable CLIP decisionmaking authority (e.g., Planning Commission or Zoning Administrator) may extend the time period for meeting the preceding requirements for establishment of the use up to one additional year.The decisionmaking authority shall hold a public hearing prior to action on such a time extension. Additional conditions may be imposed on a CUP in conjunction with a time extension. However,such new conditions may only be imposed following a public hearing to receive testimony on the proposed additional conditions. (h) Discontinuance of conditional use Whenever any use of land, building or premises established under a conditional use permit is discontinued for a period of six (6) months or more, it shall be unlawful to reestablish such use unless a new conditional use permit is approved in accordance with the provisions of this section. (i) Appeals Decisions on conditional use permit applications may be appealed to the City Council by the applicant or other aggrieved party in accordance with Section 9-2.311 Appeals. (j) Consistency of working drawings with approved plans A conditional use permit approval shall pertain only to those plans reviewed and approved with the CUP. Further, all plans approved with a CUP shall be considered an integral part of the CLIP approval.The Planning Director shall ensure that any final working drawings for grading or construction authorized by a CLIP approval are consistent with said previously- reviewed plans prior to release of working drawings for plan check. The Planning Director may approve minor variations from previously-reviewed plans if he or she determines that the original plan concepts are being carried out.If the Planning Director does not make such a determination, the subject working drawings shall be referred to the decisionmaking authority for review and action. (k) Revocation A CUP may be revoked or modified(including the imposition of additional conditions)by the approving body upon finding by,said authority that the conditions of approval of the CUP have not been met or that the land use is being operated in violation of other provisions of this Land Use Code.A public hearing shall be held in accordance with Section - 9-2.335 Public Hearing Procedures prior to action on revocation or modification. The City of San Juan Capistrano Land Use Code 9-2-23 November 15, 2002 0apter 9.2 -Administration Planning Director may schedule such a hearing upon his or her preliminary finding of noncompliance with any of the preceding requirements. Sec. 9-2.319 Development Standards Adjustment (a) Applicability of regulations The provisions of this section shall apply to development standard adjustments to all dimensional or percentage requirements of Chapter 3 Zoning Districts and Standards of Title 9 of the Municipal Code, up to a maximum of ten (10) percent adjustment to required minimums or maximums. (b) Development standards adjustment review process Applications for development standards adjustment permit review may be filed with the Department of Planning Services. The Planning Director shall prescribe the form of application and the supporting information required to initiate the development standards - adjustment permit review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Project Coordinating Committee finds the application to be complete, then the application shall be processed in accordance to the procedure depicted in Figure 2-8. If the application is found to be incomplete,the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. Sec. 9-2.321 Floodplain Land Use :Permit (a) Applicability of regulations The provisions of this section shall apply to all lands situated within special flood hazard areas as delineated by the Federal Emergency Manage=ment Agency's Flood Insurance Rate Maps (FIRM) for the City of San Juan Capistrano dated September 15, 1989,February 5, 1992, and November 3, 1993 and all subsequent revisions thereof, unless otherwise -- exempted by Section 9.3-405 Floodplain Management (FM) District of this title. (b) Administration The Director of Engineering and Building Services or his or her agent is designated as the T "Floodplain Administrator" and shall be vested with the authority and responsibility to administer and implement these provisions. The Floodplain Administrator shall be responsible for the following: : City of San Juan Capistrano Land Use Code 9-2-24 November 15, 2002 Chapter 9.2 -Administration Pre-Application Meeting IF Application o ' IF Application determined Project Coordinating to be incomplete; —� Applicationr - —I'— Committee(PCC)reviews to be complete returned for additional application for completeness and information identifies issues Environmental Administrator (EA)evaluates application for Zoning Administrator(ZA) compliance with state considers application.Public Meeting environmental laws. The notice required. ZA acts to: application will be circulated for up •Approve to a 45-day review period. °Conditionally Approve •Deny _ •Refer to the Planning Commission NO APPEAL Zoning Administrator refers to - the Planning Commission if general public interest warrants the referral APPEAL Planning Commission considers application.Public Meeting notice required. Commission acts to: *Approve See Figure 2-3 for description of ConditionallyA APPEAL Approve — appeals process •Deny NO APPEAL AIL Figure 2-S Process for Development Standards Adjustment Permit _ City of San Juan Capistrano Land Use Code 9-2-25 November 15, 2002 Chapter 9.2 -Administration (1) Interpretation. Rendering determinations on the location of special flood hazard district boundaries using the Flood Insurance: Rate Maps and additional studies which provide the best available information; (2) Land use review. Providing technical assistance and making recommendations to the Department of Planning Services for the administration of floodplain land use permit applications to assure compliance with the submission requirements,locational and site development standards, and land use standards of this title; (3) Decisionmaking authority. Reviewing and approving grading permits, building permits, and similar development permits upon finding that such permits are consistent with an approved floodplain land use permit authorized by this title and the provisions of Title 8, Chapter 11, Floodplatin Management Regulations; (4) Violations. Determining whether or not any violations of these provisions exist and taking necessary steps to correct any violations as provided by Section 9-1.201 Violations and Penalties, of this title. (c) Floodplain land use permit review process Applications for floodplain land use permit review may be filed with the Department of Planning Services. The Director of Engineering and Building Services shall prescribe the form of application and the supporting information required to initiate both environmental review(pursuant to Section 9-2.201 Environmental Review Procedures)and the floodplain land use permit review. Once an application is received by the Department of Planning Services,the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application shall be processed in accordance to the procedure depicted in Figure 2-9. If the application is found to be incomplete,the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. Sec. 9-2.323 Grading Plan Review (a) Review of grading plans as part of development applications Preliminary grading plans for all development applications regulated by this chapter shall be reviewed concurrently with the consideration of the overall project and shall become part of any such project approval. City of San Juan Capistrano Land Use Code 9-2-26 November 15, 2002 Chapter 9.2 -Administration Pre-Application Meeting Application! SubmittalQualifying land use in Special Flood Hazard Zones"A","AE". Project not exempt "AH".and"AO",subject to from Floodplain grading,building,or Land Use Permit development permit,and complies with site development standards CApplicatiubmittal Application reviewed for not met; completeness by Department of Application submittal dditional Planning Servicesrequirements met ion Application determined Project Coordinating to be incomplete; Committee(PCC)reviews returned for additional �application for completeness and — Application determined information to be comvllete identifies issues Forwarded to other City Commissions for Environmental Administrator Other City Commissions review review if necessary (EA)evaluates application for the proposed project compliance with state environmental laws. The application will be circulated for up —' to a 45-day review period. #needed. al review Forwarded to Planning Planning Commission if review by on has 30 other City Commissions espond. __--- not necessary Planning Commission considers the project application and forwards a recommendation to the City Council. Public Hearing is required. City Council considers application. Public Hearing required. Council acts to: •Approve Conditionally Approve •Deny D � Figure 2-9 Process for Floodplain Land Use Permit City of San Juan Capistrano Land Use Code 9-2-27 November IS, 2002 Chapter 9.2 -Administration (b) Release of grading plans for plan check Applications for grading plan review may be filed with the Department of Planning Services. The Planning Director shall prescribe the form of application and the supporting information required to initiate the grading plan review. Once an application is received by the Department of Planning Services,the application wil.l be reviewed for completeness. If the Department of Planning Services finds the application to be complete,then the application shall be processed in accordance to the procedure depicted in Figure 2-10. If the application is found to be incomplete,the Department of Planning Services will notify the applicant in writingwithin thirty(3 0)days what additional information is required,and the application will not be processed until that information is received by the Department of Planning Services. (c) Exemptions Exemptions for grading permits shall be as defined by Chapter 8-2 of Title 8 of this Code. In addition to the preceding exemptions,no grading permit shall be required for emergency work necessary for the maintenance of public health or safety carried out by or for a public agency. (d) Grading plan check Grading plan check and permit issuance shall be carried out in accordance with this Title -- 9 and other applicable regulations adopted by the City. No grading shall occur on any property in the City prior to issuance of a grading permit unless specifically exempted in subsection (c) of this section, or by Chapter 8-2. (e) Bonding requirements The bonding requirements for grading permits are described in Section 9-5.101 Fees, Deposits, and Bonds of this title. (f) Modification to previously-approved graded lots Grading plan applications for the modification of a previously-graded lot or modified grading design shall be subject to the review and approval of the Planning Director. The Planning Director shall determine that grading plan modifications comply with the following design criteria prior to approving any grading modification: (1) The proposed modifications to be previously-approved grading plans are consistent ~ with any specific design parameters that were made a part of a prior discretionary action by either the Planning Commission or the City Council (if applicable). - City of San Juan Capistrano Land Use Code 9••2-28 November IS, 2002 Chapter 9.2 -Administration ' F Pre-application Meeting Proposed grading plan exempt from review pursuant to Section 9-2.323 Application 'JAC Application reviewed for completeness by Department of Application submittal Planning Services requirements not met; returned for additional information Environmental Administrator (EA)evaluates application for compliance with state environmental laws. The application will be circulated for up EA reviews application.Public Meeting to a 45-day review period if notice not required. Administrator acts to: previous environmental review for •Release for plan check the project was not sufficient 'Deny APPEAL - NO APPEAL See Figure 2-3 for description of Plans released for appeals process A RELEASED grading plan check and FOR PLAN CHECK permit issuance in accordance with Title 9 rD,,isi(i and other applicable regulations adopted by the City * Grading plans must be consistent with approved preliminary grading plans,project concept plans,applicable project conditions of approval,and applicable provisions of Title 8 and Title 9 prior to release for completion of plan check and permit issuance. No grading permit shall be issued unless and until the Figure 2-10 EA makes such a determination of consistency. Process for Grading Plan Review City of San Juan Capistrano Land Use Code 9-2-29 November 15, 2002 Chapter 9.2 -Administration (2) The proposed modifications to the grading plan are consistent with any grading standards and design concepts or plan approvals pursuant to previous Planning — Commission approvals (if applicable). (3) The proposed modification to the grading plan will remain consistent and compatible with immediately-adjacent lots or units. Said finding of compatibility shall include: blending of all slopes with adjacent property boundaries, rounding of all slopes at both top and bottom to blend the grading into the existing terrain,a design which minimizes any grading alterations to no greater than a two(2)foot differential from the existing approved grading plan and harmonizes the design with the natural - contours of the property and surrounding lots. (4) The proposed modifications to the grading plan shall show the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined in the applicable Zone District,and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.31.3 Graded Slopes of this title. If the Planning Director finds that the modified grading plan does not comply with the above, the plan shall be referred to the Planning Commission for review and determination. Sec. 9-2.325 Growth Management (a) Purpose The purpose of this section is to implement the goals and policies of the General Plan. The main issues addressed by this section include: 1) controlling and directing future growth within the City so that the community character is preserved; 2) enhancing and preserving the character of existing neighborhoods; and 3) insuring rational and orderly growth so that public services and infrastructure can be provided to new development. (b) Authority The authority for this section is derived from the general police powers granted to local governments by the State for the purpose of preserving the public health, safety, and general welfare.More specifically,authority is derived from Sections 65000,et seq.of the Government Code of the State providing for the adoption of local planning, zoning, and other land use regulations. City of San Juan Capistrano Land Use Code 9-2-30 November 15, 2002 Chapter 9.2 -Administration (c) Scope The provisions of this section pertain to residential development projects only. However, the City shall closely monitor commercial and industrial developments to insure that balance is maintained among the three (3) types of land use as required by the General Plan. (d) Exemptions (1) Small projects. Projects containing twelve (12) or fewer residential lots or dwelling units. The grouping of contiguous parcels to develop a series of projects of twelve (12) units or less shall be construed as an attempt to subvert the purpose of this section. Such grouped or contiguous projects shall not be exempt from the requirements of this section; and (2) Large lot projects. Projects of single-family dwellings wherein no residential lot is less than two and one-half(2 '/2) acres in size. (3) Custom homes. In accordance with the findings set forth in subsection (e)(1)of this section,custom houses in projects subject to growth management requirements shall be eligible for the issuance of building permits as follows: (A) In accordance with the effective residential allocation schedule in the same manner as any other type of dwelling unit so long as unused permit allocations are available for the calendar year in question at the time of the application for the permit; and (B) In addition to the requirements set forth in subsection (e)(1) of this section,if all permits allocations have been used for the calendar year in question at the time of the application for the building permit, building permits may nevertheless be issued :for custom houses in such calendar year up to the cumulative number of unused permit alYocations from the previous calendar years. The scheduling provisions as set forth in this subsection shall apply only to the construction of custom houses on individual lots wherein the lot owner has no financial interest in any other lot in the project. (4) Eligibility requirements for growth management phasing programs. A planned community encompassing 400 plus acres and a minimum of 400 residential dwelling units may provide for a separate growth management phasing program for the issuance of building permits subject to the inclusion of the following elements within the comprehensive development plan of the planned community: CAy of San Juan Capistrano Land Use Code 9-2-31 November 15, 2002 Chapter 9.2 -Administration (A) The identification of specific residential development areas and the segmented allocation of building permits over a minimum four (4)year period; and _ (B) The identification of the public improvements,dedications,and construction impacts necessary to implement the sequential development pattern identified in subsection (d)(4)(B) of this section. (5) Affordable Housing. All residential projects that:are consistent with the provisions of Section 9-3.505 Affordable Housing Requirements of this title and provide affordability agreements consistent with Section 9-3.505 Affordable Housing Requirements are hereby exempt from the provisions of this section.The processing of such affordable residential projects shall be subject to all other provisions of this title. (e) Numerical limits (1) Setting - Criteria. Each year, after considering the economic, environmental, and other studies relevant to the growth management program, the Ciy Council shall determine the maximum number of dwelling units to be issued building permits, consistent with the purpose and intent of this section as set forth in subsection (a) of this section. The numerical limits shall be set in accordance with the procedures set forth in subsection(e)(2) of this section.The numerical limits shall be expressed as the total number of dwelling units, for projects not exempted by subsection (d) of this section,which may be permitted in a specified calendar year.The numerical limits shall provide for residential growth with the land area of the City of not more than 400 — units per year for nonexempt projects. (2) Setting- Procedure. In January of each year,the Ciy Council shall adopt a resolution setting the numerical limits for each of the three (3) subsequent calendar years. The consideration and adoption of the numerical limits shall be done at a duly noticed public hearing. The resolution shall set forth the factual findings supporting the determination of the numerical limits. The numericallimits adopted in January shall cover the succeeding three (3)years.For example,in January of 2001,the numerical limits for 2002 and 2003 may be adjusted, if necessary, and new numerical limits set for 2004. The Ciy Council may adjust the numerical limits previously set for 2002 and 2003 if it determines by factual findings that such adjustments are necessary to support the purpose set forth in subsection (a) of this section. However, in no case shall the Ciy Council reduce previously set numerical limits for a calendar year at a level lower than the total number of dwelling units already allocated for construction in such calendar year. Thus, no previously granted yearly dwelling unit allocation for a project may be reduced as a result of an adjustment to the numerical limits for such year. City of San Juan Capistrano Land Use Code 9-2-32 November 15, 2002 __ Chapter 9.2 -Administration (3) Effect of growth due to annexations. The numerical limits are intended to place a ceiling on the number of dwelling units which may be constructed each year within the land area within the City.The numerical limits are not intended to include dwelling unit allocations for residential growth on new land annexed to the City. Therefore, such annexed projects shall be considered separately with respect to the growth management requirements of this section. The following provisions shall apply to projects for land annexed to the City: (A) Annexed projects shall be allocated and phased separately from in-City projects. Because of the time constraints of local and State annexation requirements, the City Council may adopt a phasing schedule for such projects proposed for annexation at any time during the calendar year. (B) The combined total of yearly allocations granted to annexed and in-City projects may exceed the 400 unit maximum imposed on growth due to in-City projects. However, additional allocations (above the previously set numerical limits)granted to annexed residential projects in any given calendar year shall not exceed the number of acres in such projects. (C) Projects to be annexed shall be subject to all development review and design standards of the Land Use Code. Such projects shall undergo the preliminary screening, environmental review, concept review, and point rating procedures set forth in subsection (0 of this section prior to action by the City on such - annexations.The results of the point rating process for any project eligible for annexation shall be considered by the City Council prior to action on such annexation. (f) Residential developments: reviews (1) Required. In addition to the provisions of the Land Use Code,the procedures set forth in this section shall be used in processing residential development projects. (2) Application review. Applications for growth management review may be filed with the Department of Planning Services. The Planning Director shall prescribe the form of application and the supporting information required to initiate the growth management review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete,then the application shall be processed in accordance to the procedure depicted in Figure 2-11. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty(3 0) days what additional information is required,and the application will not be processed until that information is received by the Department of Planning Services. City of San Juan Capistrano Land Use Code 9-2-33 November 15, 2002 Chapter 9.2 -Administration Project is exempt pursuant to Section - 9-2.325 Application Submittal Residential project not exempt Application submittal requirements not met; Application reviewed for returned for additional completeness by Department of information Planning Services 1� onmental (A:dministrator(EA� s preliminaryEA evaluates application for �— and point ratingcompliance with state roject. environmental laws. The _ application will be circulated for up to a 45-day review period Planning Commission:- e application,reviws EA's as rating and assigns point rat Hearing not required. Comm recommend to the City•App:rove in Conce •Deny i City Council considers application and Planning Commission's recommendation APPROVE/ and point rating. Public Hearing not DENY required. Council acts to: •Approve in Concept •Modify •Deny AIL * Projects shall be rated based on the specific and general criteria of the project rating scale in Section 9-2.325(f)(3). Figure 2-11 Process for Growth Management Review City of San Juan Capistrano Land Use Code 9-2-34 November 15, 2002 Chapter 9.2 -Administration (3) Project reviews and point ratings. The Environmental Administrator, Planning Commission, and City Council shall assign point ratings to projects based on the criteria listed in subsections (A) and (B) of this subsection. The completed project rating scale,including the maximum points allowed for each criterion shall be adopted by the Ciy Council by resolution prior to March 1 of each year. (A) Project luting Scale Criteria - Specific criteria (i) The proximity of the nearest developed public park or other public recreation facility (for example,junior high or high school); (ii) The proximity of the nearest public:elementary school(measured from the nearest boundary of the most distant lot (or dwelling unit if there are no individual lots) in the project to the nearest boundary of the park or school site.; (iii) Whether the project site is located in attendance areas served by schools designated as overcrowded; (iv) Whether the project requires the extension of commuter or arterial roads for access; (v) Whether the project provides dual,access to development; (vi) Variances requested to accommodate the project; (vii) A General Plan amendment required to accommodate the project;and (viii) The consumption of land designated for agricultural uses in the General Plan (percentage of site area). (B) General criteria (i) Landform alteration, sensitivity of grading concepts, and ridge line preservation; (ii) The provision of open space, public and private; (iii) The provision of private recreation facilities; (iv) The overall quality of design (innovation, architectural quality, amenity, and the like); City of San Juan Capistrano Land Use Code 9-•2-35 November 15, 2002 Chapter 9.2 -Administration (v) The unusual public benefits from the project (Examples include the correction of unsafe condition., mitigation of existing adverse environmental or aesthetic conditions,preservation of historic structures or sites and the like.); and (vi) The provision of low and moderate income housing which do not have affordability agreements. (4) City Council approval. Approval by the Ciy Council of development applications shall not be construed that the project will receive yearly unit allocations upon the adoption of the residential allocation schedule described in subsection (5)(B) of this subsection. However, approval shall qualify a project to be considered for unit allocations. (5) Allocation of dwelling units (A) Scheduling. The Ciy Council shall carry out competitive evaluation and unit allocations for residential projects once each year. Such procedure shall be carried out in February of each year. The initial meeting putting the evaluation and allocation system into effect shall be held when deemed appropriate by the Ci y Council, but in no case later than March 1 of each year. All competitive evaluation/unit allocation meetings shall be noticed public hearings. (B) Competitive evaluations and unit allocations (i) Eligibility. Projects approved by the Gy Council prior to February 1 of each year, shall be eligible for dwelling unit allocations. Prior to the Ciy Council evaluation and allocation, the Planning Commission shall review all projects and forward recommendations to the Ciy Council for the allocation of dwelling units. (ii) Ranking. After receiving the recommendations from the Planning Commission,the City Council, during its annual evaluation, shall rank all projects eligible for allocation in the order of their respective total point ratings (the sum of the project ratinil scale specific and general criteria, -- plus the bonus points, if any). (iii) Priorities for higher-ranked projects.The Ciy Council shall consider each - applicant's desired build-out schedule in determining the dwelling unit allocations. Higher-ranked projects shall take priority over lower-ranked projects in receiving such consideration. The Ciy Council may grant dwelling unit allocations to some or all eligible projects. However, in no case shall a project be denied an allocation for a calendar-year when a City of San Juan Capistrano Land Use Code 9-2-36 November 15, 2002 Chapter 9.2 -Administration lower-rated project is granted an allocation for that year or for a previous year. (iv) Residential allocation schedule. The City Council shall annually adopt the allocations given by means of a three (3) year residential allocation schedule (See Table 2-2). Table 2-2 Sample Residential Allocation Schedule Previously Approved Projects Building; Permits Issuable Calender Year 2001 2002 2003 Tentative Tract 24 26 0 Tentative Tract 43 40 0 Tentative Tract 30 26 0 Tentative Tract 52 0 0 Subtotals (Old Projects) 149 92 0 New Projects to be Allocated Tentative Tract 46 60 0 Tentative Tract 52 0 0 Tentative Tract 68 85 81 Subtotals (New Projects) 166 145 81 Totals (Old and New Projects) 315 237 81 Annual Numerical Limits New Remaining Allocations (Annual Numerical Limit Minus Total) Note: Numbers are shown for illustration purposes only. Allocations granted in the residential allocation schedule adopted in February of a given year shall cover that year and the succeeding three (3)years. For example, the residential allocation schedule adopted in February 2001 shall cover 2001,2002,2003,and 2 004.The residential allocation schedule shall be adopted by the City Council by resolution. (v) Residential allocation schedule and numerical limits. The residential allocation schedule shall show the running cumulative totals of the dwelling units allocated for previously-approved projects for each year.The City Council shall insure that allocations for new projects under consideration City of San Juan Capistrano land Use Code 9-2-37 November 15, 2002 Chapter 9.2 -Administration (including large-scale planned communities regulated by subsection (d) of this section) do not result in a residential allocation schedule cumulative dwelling unit total greater than the yearly numerical limits set Dy the City Council by resolution as set forth in subsection (e) of this section.Said residential allocation schedule cumulative dwelling unit total shall include dwelling unit building permits allocated separately to large- scale planned communities pursuant to the provisions of subsection (d) of this section. If the numerical limits set for a given year have already been filled by said residential allocation schedule cumulative allocations, new allocations may be granted only for succeeding years whose numericallimits have not been so filled. (6) Final maps and building permits. Following tentative map approval and adoption of the residential allocation schedule, the final reaps and building permits shall be processed in accordance with the Land Use Code and other applicable regulations. (7) Adjustments to the residential allocation schedule. The City Council may make adjustments to the residential allocation schedule following its adoption as set forth in subsection (5) of this subsection if the City Council determines that such adjustments are necessary to serve the purpose of this section as set forth in subsection (a) of this section.Considerations of adjustments to the residential allocation schedule shall be done at a duly noticed public hearing and may include developer requests for modifications of permit allocations,unused allocations(dwelling unit permits allocated but not issued), and other factors bearing on the objectives of the growth management program as set forth in subsection (a) of this section. After receiving testimony and considering all other relevant information,the City Council may make ` any necessary adjustment to the residential allocation schedule. However,no residential allocation schedule adjustment shall be made which has the effect of reducing or eliminating any allocation previously granted to a project pursuant to the provisions 7_ of this section without the consent of the project sponsor. (g) Administration (1) Issuance of building permits. Except as otherwise provided in this section, no building permit shall be issued for a residential dwelling unit unless: (A) It is within a project exempted by this section; (B) It is within a large-scale planned community subject to growth management phasing in accordance with subsection (d) of this section; or (C) It is provided for in a residential allocation schedule adopted by resolution by the City Council pursuant to the provisions of subsection (f) of this section. _ City of San Juan Capistrano Land Use Code 9-2-38 November 15, 2002 Chapter 9.2 -Administration (2) Extensions of time for tentative tracts. The City shall approve all aspects for tentative tract time extensions if the City determines that such extensions are necessary to implement the allocations previously granted to such tracts in an adopted residential allocation schedule. (h) Definitions For the purposes of this section,unless otherwise apparent from the context,certain words and phrases used in this section are defined as follows: (1) General Criteria means certain aspects of residential projects associated with growth management, relating primarily to project design, housing mix, and public benefit, which are incorporated into a project rating scale (PRS). The PRS shall be used to give point ratings to proposed residential developments for future competitive evaluations. (2) Housing development means construction projects consisting of five (5) or more residential units,including single-family,multifamily,andmobilehomes for sale or rent pursuant to this chapter. _ (3) Specific criteria means certain aspects of residential projects associated with growth management, relating primarily to site location, circulation, and consistency with City regulations,which are incorporated into a project rating scale(PRS).The PRS shall be used to give point ratings to proposed residential developments for future competitive evaluations. Sec. 9-2.327 Historical and Cultural Landmark Site Plan Review (a) Purpose and intent This section provides for the protection,enhancement,perpetuation,and use of those areas of the City which, due to their historical or cultural significance or character, require special consideration in the interest of the health, prosperity, safety, and welfare of the people. The purpose of this section is to: (1) Effect and accomplish the protection, enhancement, and perpetuation of structures, sites, objects, and districts which represent or reflect elements of the City's cultural, social, economic, political, and architectural Ltstory; (2) Safeguard the City's historic and cultural heritage as embodied and reflected in such landmarks and historic districts; City of San Juan Capistrano Land Use Code 9-2-39 November 15, 2002 Chapter 9.2 -Administration (3) Improve property values; (4) Foster civic pride in the accomplishments of the past; (5) Protect and enhance the City's attractions to residents, tourists, and visitors; and (6) Promote the use of historic districts and landmarks for the education,pleasure,and welfare of the people of the Cary. (b) General requirements and procedures It shall be unlawful for any person to demolish, remove, relocate or otherwise alter any structure or site,including trees and other vegetation,listed individually or as part of a district in the Inventory of Historical and Cultural Landmarks (IHCL) (as adopted by City Council resolution)without obtaining prior City approval for such action.Applications for site plan review for properties on the IHCL shall be filed with the Department of Planning Services. The Planning Director shall prescribe the form of application and the supporting information required to initiate the site plan application review. Once an application is received by the Department of Planning Services,the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete,then the application shall be processed in accordance to the procedure depicted in Figure 2-12. If the application is found to be incomplete,the Department of Planning Services will notify the applicant in writingwithin thirty(30)days what additional information is required,and the application will not be processed until that information is received by the Department of Planning Services. Proposed alterations to historic structures and sites shall only be approved if the Cultural Heritage Commission finds that they are consistent with the Secretary of the Interior's Standards.Decisions of the Cultural Heritage Comm''ssion(CHC)on landmark alteration applications may be appealed to the City Council in accordance with Section 9-2.311 Appeals. (c) Maintenance of landmarks All owners, renters, lessees, users, and other persons responsible for the use of a property containing a structure or site on the IHCL, listed individually or within a district, shall maintain in good repair all exterior portions of such structure or site and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair. City of San Juan Capistrano Land Use Code 9-2-40 November 15, 2002 Chapter 9.2 -Administration - •• • 'eport Submittal Application submittal Application reviewed for requirements not met; 4_ completeness,by Department of returned for additional Planning Services information IF Cultural Heritage Commission(CHC) considers application and report Within 30 days Commission acts to: •Approve •Conditionally Approve •Deny •Refer to other City Commissions for review CHC refers application to City Commissions for NO APPEAL review City Commissions review application APPEAL See Figure 2-3 for description of appeals process Figure 2-12 Process for Site Plan Review for Historical and Cultural Landmark (IHCL)Properties City of San Juan Capistrano Land Use Code 9-2-41 November IS, 2002 Chapter 9.2 -Administration (d) Enforcement and penalties Failure to comply with the provisions of this section shall constitute sufficient grounds for revocation of any occupancy certificate,grading permit,or building permit and temporary suspension of any operation otherwise being carried out in compliance with such permits. Violation of this section and City permit requirements is a misdemeanor and is punishable as such. In addition, the City may seek injunctive relief and/or pursue other land use enforcement actions to stop or correct violations ofthis section. Sec. 9-2.329 Lot Line Adjustments and Reversions to Acreage (a) Lot line adjustments Alot line adjustment between two (2) or more existing adjacent parcels,where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, shall not reejjuire the processing of a subdivision map. Applications for lot line adjustments shall be filed with the Department of Planning Services. The Planning Director shall prescribe the form of application and the supporting information required to initiate the lot line adjustment application review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application shall be processed in accordance to the procedure depicted in Figure 2-13,and in accordance with the Subdivision Map Act. If the application is found to be incomplete,the Department of Planning Services will notify the applicant in — writingwithin thirty(30)days what additional information is required,and the application will not be processed until that information is received by the Department of Planning Services. (b) Reversion to acreage or mergers (1) Applications for reversions to acreage or mergers shall be reviewed and processed in accordance with the requirements of the Subdivision Map Act. (2) Upon a written application by the owner, the merger of contiguous parcels under common ownership may be approved by the Ci y Council without the processing of a subdivision map or reversion to acreage.Upon such approval,an instrument drawn to the satisfaction of the Ciy Engineer shall be recorded evidencing such merger. City of San Juan Capistrano Land Use Code 9-2-42 November 15, 2002 Chapter 9.2 -Administration Pre-Application Meeting Department of Planning Application submittal Application submittal — Services reviews application for pp requirements not met; requirements met and completeness and feasibility of the q returned for additional ro osed adjustment proposed adjustment p p j information feasible Planning Director considers application. Refer to the Planning Public Meeting notice not required. Director Commission if general public interest warrants the referral acts to: •Approve •Conditionally Approve Planning Commission considers •Deny application.Public Meeting notice •Refer to Planning Commission required. Commission acts to: •Approve •Conditionally Approve NO APPEAL •Deny APPEAL NO APPEAL See Figure 2-3 for description of appeals process APPROVED/ APPROVED/ CONDMONALLY CONDITIONALLY APPROVED APPROVED Engineering Department confirms accuracy of engineered Planning Director/City Lot LLA map and required Engineer reviews Final Review documentation. documents for approval and acts to approve. City Clerk transmits final documents for recording Figure 2-13 Process for Lot Line Adjustments (LLA City of San Juan Capistrano Land Use Code 9-2-43 November 15, 2002 Chapter 9.2 -Administration Sec. 9-2.331 Mobilehome Park Conversions, Closures, and Cessation of Use (a) Purpose and intent The purpose and intent of this section is to require the person proposing to convert an existing mobilehome park to another use, to close a mol,ilehome park, to cease using land as a — mobilehome park,or to file a subdivision map application connected with a conversion of use for a mobilehome park to file and distribute a report on the impact of such change and to require measures to be undertaken to mitigate the adverse effects of the change of use upon the residents of the mobilehome park who would be displaced by such change. (b) Review process The Planning Director shall prescribe the type and fonn of information required and shall — ensure that it is of sufficient detail to allow adequate analysis of each proposal. Applications for the proposed change of use, and/or closure of a mobilehome park shall be processed in accordance to the procedure depicted in Figure 2-14. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writingwithin thirty(30)days what additional information is required,and the application will not be processed until that information is received by the Department of Planning Services. (c) Relocation impact report required/purpose (1) Any person who f les an application with the City f:)r a General Plan amendment or for — a rezoning of land type or density, or for approval of a tentative tract map,conditional use permit, or any other application for the purpose of converting a mobilehome park to a condominium, stock cooperative, or any other form of ownership wherein - mobilehome spaces within the park are to be sold for residential use, or to change to another use,close a mobilehome park,or cease to use land as a mobilehome park,shall concurrentlyfile with the City a mobilehome relocation impact report that complies with this section. The purpose of the report is to address the impact of the conversion, closure, or cessation of use upon displaced residents of the mobilehome park. No such application shall be considered or approved unless and until such relocation impact report is filed and approved in accordance with this section. City of San Juan Capistrano Land Use Code 9-2-44 November 15, 2002 Chapter 9.2 -Administration A Relocation Impact Report is prepared and tenants have been notified pursuant to Section 9-2.331{c) Application — Application submittal requirements not met Application reviewed for 9 Application submittal returned for additional completeness by Department of —� requirements met information Planning Services Application determined to be incomplete; Project Coordinating Application determined returned for additional Committee(PCC)reviews to be complete information application for completeness and identifies issues Within 30 days after receipt of a completed application and Relocation Impact Report,the Planning Director schedules a public hearing City and Applicant complete Environmental Administraitor(EA) notification and informational evaluates project for compliance with state meeting requirements pursuant environmental laws.The proposed project will to Section 9-2.331(d) be circulated for up to a 45-day review period. Forwarded to other Forwarded to Planning City Commissions for Commission if review by other review if necessary City Commissions not necessary Other City Commissions review ` the proposed project Crzommendation ng Commission considers the ect application and forwards a city and Applicant complete notification with findings pursuant and informational n 9-2.331(e)to the City Council. meeting requirements Public hearing is required. pursuant to Section Section 9-2.331(d) City Council considers application. Public Hearing required. Council acts to: L. APPROVAL Applicant completes *Approve *Conditionally Approve requirements of Section 9-2.39-2.331(g).Deny Figpure 2-14 Process for Approval for Mobilehome Park Conversions, Closures, and Cessation of Use City of San Juan Capistrano Land Use Code 9-2-45 November 15,2002 Chapter 9.2 -Administration (2) The City shall select a consultant to perform the relocation impact report within ninety (90) days of a written request from the applicant. The applicant shall be _ noticed in writing of the estimated cost of the relocation impact report and shall deposit that sum with the Planning Services Department prior to commencement of any work on the relocation impact report. The City will then contract with a - consultant for the preparation of the relocation impact report. Once an application is filed, the residents of the mobilehome park shall be notified by the City that an application has been filed and preparation of the relocation impact report will begin. The relocation impact report shall contain,but need not be limited to,the following information: (A) A legal description of the property; (B) A map and detailed description of the condition of the mobilehome park, including the nature and location of structures, landscaping, easements, utilities and other on-site features and amenities; (C) The names and addresses of all mobilehome owners within the park(including absentee mobilehome owners), as shown on the rental agreement for the mobilehome park spaces, and the names and addresses of all mobilehome tenants within the park as of the date of the application; _ (D) The age, including date of manufacture, of each mobilehome within the park, including the type of mobilehome, width, size, and number identifying the -- mobilehome space being occupied; (E) The number of spaces within the park, length of occupancy by the current — occupant of each space, and the current lease rate for each space; (F) The total number of mobilehome residents, broken down space by space, identifying owner or renter occupancy,principal or second home occupancy, occupants under sixteen (16) years of age, occupants sixty (60) years of age and over, and the number of residents who are physically disabled, including the chronically ill; (G) A description of the proposed new use and all discretionary approvals necessary therefore, if any; (H) The proposed timetable for conversion,closure,or cessation of use of the land as a mobilehome park and for obtaining other discretionary approvals for the proposed use, if any; (I) The location of all comparable mobilehome parks within a fifty (50) mile radius City of San Juan Capistrano Land Use Code 9-2-46 November 15, 2002 Chapter 9.2 -Administration from the city limits of the City of San Juan Capistrano, including the park name,number of lots,number of vacancies,lease rates and terms,policies,and restrictions on the type of mobilehomes and residents accepted, amenities offered, and proximity to services (bus stops, grocery stores,hospitals, etc.); Q) A determination based on the information provided in subsections (D), (E) and (I) above of the total number of mobilehome units that are eligible to be relocated to a comparable mobilehome park; (K) The estimated cost of relocating the mobilehomes identified in subsection (J) above to available lots in mobilehome parks within the study area. The cost of relocating shall include the costs of physically moving the mobilehome and movable improvements such as patios, carports and porches, to a new site (i.e. dismantling,packing,moving,reassembling,rebuilding,including skirting and tie-downs, and unpacking, as necessary;and packing, moving, and unpacking all personal property); (L) An estimate of the fair market value of each mobilehome and all associated fixed property that cannot be relocated to a comparable mobilehome park. In determining fair market value,the consultant shall consider the mobilehomes in their current locations assuming the continuation of the mobilehome park in a safe,sanitary,and well maintained condition with competitive lease rates. The consultant shall specify the basis for a conclusion that any mobilehome cannot be relocated to a mobilehome park and the basis for determining the value of the mobilehome. (M) The availability and cost of rental housing of comparable size and quality in the City of San Juan Capistrano for each mobilehome park resident; (N) A relocation plan which will include a timetable for physically relocating the mobilehomes, or payment of relocation assistance; (0) Proposed measures to adequately mitigate the adverse impacts of the conversion upon each park resident based on subsection (0 of this section; (P) A list of persons,firms, and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. This list shall include the names,addresses,telephone numbers,and fee schedules of persons who are qualified as mobilehome movers and appraisers of mobilehomes. The information shall include an explanation of the services which the housing specialists can provide; and (Q) Any other information which the Planning Services Department determines City of San Juan Capistrano Land Use Code 9-2-47 November 15, 2002 Chapter 9.2 -Administration is necessary to address the specific issues raised by the application or the impact study and any other information that may be necessary to implement provisions of this section. (d) Notice, distribution, and informational meeting (1) At least thirty (30) days prior to a hearing by the Planning Commission on the applications(s) pursuant to subsection (b) of this section, the Planning Department shall inform the applicant in writing of the provisions of Section 798.56 of the Civil Code and all applicable local requirements which impose upon the applicant a duty to notify residents and mobilehome owners in the mobilehome park of the proposed change in use. (2) Not less than thirty (30) days prior to a scheduled hearing before the Planning Commission, the park owner shall transmit to the owner or occupant of each mobilehome occupying a site within the mobilehome park and to all of the persons described in subsection (c)(2)(C) of this section, a copy of the relocation impact report,a copy of this Section,and notices of the dates,times,and places of the public hearings and the informational meetings to be held pursuant to subsection (3) below. The copies provided shall be free of charge. Proof of service by mail or personal service of distribution of the impact report to each resident must be filed by the applicant with the Planning Director two (2) days prior to the hearing and the proof of service shall be signed under penalty of perjury. (3) Not later than fourteen (14) days prior to the ;scheduled public hearing before the Planning Commission, the park owner shall conduct not less than one (1) informational meeting for the residents of the mobilehome park regarding the status of the application for change of use and/or closure, the timing of the proposed relocation of residents, and the nature of the relocation benefits the park owner proposes to make available to be considered by the Planning Commission and City Council as set forth in subsection (0 of this section. The meeting shall be conducted on the premises of the mobilehome park or other suitable location as determined by the City. The housing specialist(s) designated in the relocation impact report shall be present at such meeting. Not less than five (5) days prior to the scheduled public hearing before the Planning Commission, the applicant shall file with the Planning - Director a statement made under penalty of perjury that the applicant has complied with the requirements of this subsection. Such statement shall state the date, time, and place where such meeting or meetings were conducted. (e) Findings The Planning Commission and City Council, in considering whether to approve, conditionally approve, or deny the application and report, shall adopt written findings as City of San Juan Capistrano Land Use Code 9-2-48 November 15, 2002 Chapter 9.2 -Administration to whether the project mitigation measures will adequately mitigate impacts on residents. - The following factors shall be considered in making the above-state findings: (1) Whether there will exist, at the time of conversion, closure, or cessation of use, available mobilehome lots within a fifty(50) mile radius from the City to accommodate the mobilehomes to be displaced; (2) Whether the age,type,condition,and style of mobilehomes within the park proposed for conversion, closure, or cessation of use are such that the mobilehomes are able to -- be moved and accepted into other parks within a fifty(50)mile radius from the City; (3) Whether the resident cannot relocate to a comparable mobilehome park within a fifty (50) mile radius from the City and justification for that conclusion; (4) Whether there is evidence that the applicant or mobilehome park owner(s) have attempted to evict or otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation assistance; (5) Whether repots and notices required by lave have been properly prepared and properly served; (6) If the proposed conversion is to another residential use,whether the residents of the mobilehome park will have an opportunity to purchase, if for sale, or rent the new units,and whether the construction schedule will result in unreasonable long-term displacements; (7) Whether the relocation assistance benefits to 'be provided adequately mitigate any adverse impacts to the residents based on subsection (f) of this section; (8) Based upon the mitigation measures imposed, if any, whether the proposed conversion is consistent with the goals, policies, and objectives of the City's General Plan, any applicable Specific Plans, and/or zoning ordinances; and (9) Based upon the mitigation measures imposed, if any, whether the proposed conversion will be detrimental to the public heath, safety, and general welfare. (f� Relocation assistance In approving a relocation impact report/application, the City may attach reasonable conditions in order to adequately mitigate any adverse impacts associated with the conversion, closure, or cessation of use. Conditions of approval may include,but are not limited to, the following matters: City of San Juan Capistrano Land Use Code 9-2-49 November IS, 2002 Chapter 9.2 -Administration (1) Payment of relocation assistance to each resident who resided in the park at the time of, or subsequent to,the filing of the relocation impact report and who was actually displaced as a result of an approved relocation plan. (2) Payment of the cost of relocating the mobilehomes identified in subsection (C)(2)0) above to available lots in mobilehome parks within the study area. The cost of relocating shall include the costs of physically moving the mobilehome and movable improvements such as patios, carports, and porches, to a new site (i.e. dismantling, packing, moving, reassembling, rebuilding, including skirting and tiedowns, and unpacking,as necessary;and packing,moving,and unpacking all personal property). (3) Payment of a lump sum to compensate for payment of the first and last month's rent and any security deposit at the new mobilehome park. (4) Payment of a lump sum to compensate for any differential between rental rates at the closing mobilehome park and the new mobileliome park during the first year of the new tenancy. (5) For residents, the costs may include all reasonable expenses incurred in moving to a new location of their choice, up to a maximum distance of fifty (50) miles. (6) For homeowners who are unable to reasonably relocate their mobilehome, payment of fair market value for their mobilehome based on information contained in the approved relocation impact report. (7) If the park is to be converted to another residential use, setting aside a certain number of affordable units for the residents of the park, either on-site or off-site within the City limits, pursuant to the provisions of Section 9-3.505 Affordable Housing Requirements;or providing payment of housing in-lieu fees pursuant to the provisions of Section 9-5.103 Housing In-Lien Fee. (8) In order to facilitate a proposed conversion., closure, or cessation of use of a mobilehome park, the residents and applicant may agree to mutually satisfactory conditions. Such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this section,shall include a copy of this section as an attachment, shall :include a provision in at least 12-point type which clearly informs the resident of the right to seek advice of an attorney prior to signing _ the agreement with regard to the resident's rights under such agreement, and shall be drafted in the form and content otherwise required by applicable State law. City of San Juan Capistrano Land Use Code - 9-2-50 November 15, 2002 Chapter 9.2 -Administration When processed in conjunction with a change of use,the applicant may be required to enter into an agreement with the City to implement the terms of the approval of the closure plan. (g) Obligation of applicant (1) After the date of approval of the relocation; impact report, the applicant shall undertake, or be responsible for performance, of the follomn8 obligations: (A) Not later than thirty (30) days from such approval, the housing specialist(s) shall make personal contact with each :resident of the mobilehome park and commence consultations to determine the proper relocation assistance to be provided. The housing specialist(s) shall give each resident eligible to receive relocation assistance written notice of his or her relocation assistance. (B) Not later than four(4)months from the elate of such determination,residents who are entitled to make selections between alternative benefits shall make such selection in writing. Such selection shall be submitted to the applicant on a form provided by the housing specialist. (C) Not less than thirty-five (3 5)days prior to the date any resident is required to vacate the mobilehome park, any such cash or monetary relocation assistance shall be paid to such resident. (D) The date upon which any resident of the mobilehome park is required to vacate such park, or upon which the owner of any mobilehome is required to be removed from the mobilehome park shall be not less than six (6) months from the date of notice of termination of tenancy and not less than thirty-five (3 5) days from payment of any relocation benefits. (E) If the applicant specifically requests that any of the time limitations required by this subsection be modified,the City Council shall consider any such modification and evidence relating to the request at the hearing on the relocation impact report. The City Council shall have the power to make such modifications in such time limits. (F) The relocation impact report shall expire one (1) year from the date of its approval unless twenty-five (25) percent or more of the homeowners or tenants receive relocation assistance in accordance with this section, or the applicant requests an extension setting forth justification for not having proceeded within the one-year period. No more than two(2)such extensions may be granted by the Ciy Council. A request for an extension must be filed no less than forty-five (45) days prior to the expiration of the relocation impact report. A public hearing shall be held on request. City of San Juan Capistrano Land Use Code 9-2-51 November 15, 2002 Chapter 9.2 -Administration (2) If relocation assistance has not been provided to all eligible homeowners and tenants in accordance with this section within three (3)years of the original date of approval, a new study shall be prepared in accordance with this section. (3) Each year on the anniversary date of the approval of the original relocation impact - report, the relocation provided for by the City Council shall be increased by an amount equivalent to the cost--of-living index for the Los Angeles/Riverside/Orange County area published by the U.S. Department of Labor. The increase shall be determined by taking the average CPI for the quarterly period closest to the anniversary date of approval. _. (4) No building permit shall be issued for development unless and until the applicant files a statement with the Planning Director, made under the penalty of perjury, that - relocation assistance payments pursuant to this section have been paid. (h) Notice to new residents When an application for a change of use and/or closure of a mobilehome park has been filed with the Planning Services Department,the park owner shall advise each prospective new resident who proposes to occupy a mobilehome within such park after the filing of such application,in writing,prior to the execution of a rental agreement or commencement of such occupancy,whichever occurs first, that such application has been filed. (i) Administration fee The City Council may establish by resolution reasonable fees to cover any costs incurred by the City in implementing this section. Such fees shall be paid by the park owner or applicant subject to the provisions of this section, in accordance with the limitations of Section 65863.7(g) of the Government Code. (j) Bankruptcy exemption The provisions of this section shall not apply if it is determined that the closure of a mobilehome park or cessation of use of the land as a mobilehome park results from an adjudication of bankruptcy. The applicant shall have the burden to produce substantial evidence that a court of competent: jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of the affected park as a mobilehome park is necessary. The documentation shall include the title,case number,and court in which the bankruptcy proceedings were held,and certified copies of all pertinent judgements, orders, and decrees of the court. City of San Juan Capistrano Land Use Code 9-2-52 November 15, 2002 Chapter 9.2 -Administration (k) Definitions For the purpose of this section,unless otherwise apparent from the context,certain words and phrases used in this section are defined as follows: (1) Affordable unit. A "for sale" unit that is sold to and occupied by a low income household as determined by HUD. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed thirty(3 0)percent of the household's gross income. (2) Applicant. The person(s), firm(s), entity(ies), or corporation(s) applying for any application for the purpose of converting,changing to another use,closing,or ceasingn to use land as a mobilehome park. If the ower of the controlling interest in a mobilehome park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application. (3) Approving body. The Planning Commission's decision is advisory to the City Council whose decision shall be final. (4) Cessation of use of land as a mobilehome park. A decision by the owners) of a mobilehome park to discontinue the use of property as a mobilehome park which is not an adjudication of bankruptcy. (5) Closure of a mobilehome park. When less than seventy-five(7 5)percent of the total spaces in the mobilehome park are leased by qualified homeowners(as defined in Civil Code Section 798 et seq.). In the event that less than seventy-five (75) percent of the total spaces in the mobilehome park are leased through no fault or action of the applicant and/or mobilehome park owner, at the request of the applicant or mobilehome park owner and upon finding of good cause, the City Council may take a discretionary action to determine that a park having less than seventy-five (75) percent of the total spaces leased does not constitute a closure. (6) Conversion of a mobilehome park. The term "change of use" is synonymous with "conversion" and is defined as any change which results in elimination of any mobilehome lot, including, but not limited to, the-conversion of any long-term lots to short-term lots or the removal of a lot for lease to a resident. A long-term lot is converted to a short-term lot if, subsequent to the adoption of this section, any habitable structure not meeting the definition of a"mobilehome"is moved onto the lot. Elimination of a mobilehome lot shall occur when the mobilehome lot ceases being rented, leased, or otherwise occupied by an owner of a mobilehome (that is not associated with the park owner). However, the following shall not constitute a conversion of a mobilehome park: City of San Juan Capistrano Land Use Code 9-2-53 November 15, 2002 Chapter 9.2 -Administration (A) During any one-year period subsequent to the adoption of this section,no more than one (1)vacant lot may be converted.to other uses, provided all necessary governmental approvals, including an amendment to any use permit or zoning is obtained from the City. Upon application of a mobilehome park owner, the City Council may, in its absolute discretion and upon finding of good cause, determine that a conversion of a mobilehome park is not occurring notwithstanding that more than one (1) vacant lot is converted to other uses. (B) A change in ownership to a limited equity,cooperative,non-profit corporation or condominium, provided fifty-one (5 1) percent of the resident occupants - participated in the purchase of the mobilehome park and all other residents residing in the mobilehome park are offered lifetime leases. (7) Fair market value. Fair market value shall be established through the use of an appraisal approach wherein a number of relevant factors, including,but not limited _ to, the price of comparable mobilehomes of similar size, proximity, and condition if sold on the open market without constraints imposed on the sales price,rental rate, or buyer qualifications. Fair market value is furiher governed by subsection(c)(2)(I) of this section. (8) Impact report. A report required by California Government Code Sections 65 863.7 and 66427.4 and containing the information se t forth in subsection(c)of this section. (9) Homeowner. The owner(s) of the mobilehome. (10) Long-term lot.Any mobilehome lot which has been occupied by the same mobilehome for at least nine (9) of the twelve (12) months prior to the adoption of this section. (11) Resident. A homeowner or tenant. (12) Tenant. A person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, is not the owner or member of the immediate household of the owner of the mobilehome park. City of San Juan Capistrano Land Use Code 9-2-54 November 15, 2002 Chapter 9.2 -Administration Sec. 9-2.333 Pre-zoning Prior to Annexation Procedures (a) Introduction The City,by ordinance,may pre-zone certain contiguous areas outside the City which,in the opinion of the Council,bear relationship to the General Plan and sphere of influence.When pre-zoning maps of properties outside the incorporated area have been adopted by ordinance, any such territory, upon becoming a part of the City, shall possess the classification indicated on the detailed pre-zoning map. Such pre-zoning maps shall then become a part of the Oficial Zoning Map of the City, and the subject properties shall thereafter be subject to all the provisions of Chapters 1 through 5 of this title. (b) Decisionmalang authority The City Council may amend the Official Zoning Map to pre-zone certain contiguous areas outside the City which, in the opinion of the City Council bear relationship to the General Plan and sphere of influence, prior to annexation by adoption of an amending ordinance in accordance with the procedures set forth in this section. (c) Initiation of application Consideration of pre-zoning certain contiguous areas outside the City prior to annexation, may be initiated for a given parcel by the City Council or by the record owner of that parcel or the owner's authorized agent. Applications for pre-zoning may be filed with the Department of Planning Services. The Planning Director shall prescribe the :form of application and the supporting information required to initiate both environmental review (pursuant to Article 2 Environmental Review -- Procedures of Chapter 2 of this title) and the pre--coning application review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application shall be processed in accordance to the procedure described in subsection(d). If the application is found to be incomplete,the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. Pre-zoning applications shall be considered only if found consistent with the City's General Plan in accordance with Article 1 General Plan Review and Consistency of Chapter 2 and Table 2-1 Zoning Consistency Matrix. City of San Juan Capistrano Land Use Code 9-2-55 November 15, 2002 Chapter 9.2 -Administration (d) Development review process Pre-zoning applications shall be processed in accordance to the procedure depicted in Figure 2-15. Sec. 9-2.335 Public Hearing Procedures (a) Introduction Whenever a public hearing is required by provisions of this Title 9, the procedures set forth in this section shall be followed. (b) Posting of notice Notice of the time and place of the public hearing,a general explanation of the matter to be considered, and a general description of the area affected and the place where further information on the application may be obtained shall be given at least ten (10) calendar days before the hearing by posting at three (3)public places in the City. Said public places shall be designated by City Council resolution. (c) Mailing Notice containing the information specified in subsection (b) of this section shall also be given by mail or delivered to the applicant and to any other person who has filed a written request with the City for such notice as well as that provided in subsection (d)following. (d) Publication Notice of the time and place of the public hearing,a general explanation of the matter to be considered, and a general description of the area affected and the place where further information on the application may be obtained shall be published in a local newspaper of general circulation at least ten (10) calendar days before the hearing. In addition, in cases where the public hearing concerns a specific parcel or parcels of land, such notice shall be mailed or delivered to the owner(s) of the parcel(s) in question (if different from the applicant) and to all other owners of real property, as shown on the last equalized assessment roll,within 500 feet of the boundaries of said parcel(s). City of San Juan Capistrano Land Use Code 9-2.-56 November 15, 2002 Chapter 9.2 -Administration Pre-Application Meeting by property owner for Petition to the City Council to initiate City Council Pre-zoning a Pre-zoning decides to initiate Pre-zoning application property 1 . Application submittal requirements not met; Application reviewed for Application submittal returned for additional completeness b Department of information P y P requirements met --- Planning Services Application determined to be incomplete; Project Coordinating returned for additional Committee(PCC)reviews Application determined information application for completeness and to be complete identifies issues Forwarded to other Other City City Commissions for Environmental Administrator Commissions review review if necessary (EA)evaluates project for the proposed project 4 compliance with state environmental laws. The proposed project will.be circulated for up to a 45-day review period. Forwarded to Planning Additional review Commission if review by other needed. Planning City Commissions not necessary Commission has 30 days to respond. T P=City sion considers the and forwards a the City Council.is required. City Council considers application. Public Hearing required. Council acts to: 'Approve •Conditionally Approve •Deny Figure 2-15 Process for Pre-Zoning Prior to Annexation City of San Juan Capistrano Land Use Code 9-2-57 November 15, 2002 Chapter 9.2 -Administration (e) Alternative publication In the event that the number of owners to whom notice would be sent pursuant to subsection (c) of this section is greater than 1,000, the City may instead provide notice at least ten (10) calendar days before the public hearing by placing a display advertisement of at least one eighth (1/8) page in a local newspaper. (f) Additional notification In addition to the preceding methods, the City may give notice of a public hearing by such other methods as it may deem necessary,such as the posting of notices on or near property affected by the subject application or expanding the area of notification beyond the 300 feet from the project boundaries to include those areas that may be affected by a development application. (g) Conduct of public hearing Prior to action on the application,the decisionmakin.g body shall hold the public hearing and take testimony in accordance with procedures adopted by said body. The decisionmaking authority may continue a public hearing to a subsequent meeting provided action on the application is taken within the time periods specified in Chapter 4 _ Subdivision/Improvement Standards of this title. If a duly-noticed public hearing is continued from one public meeting to a specific subsequent public meeting,no additional public notice shall be required. Sec. 9-2.337 Public Improvement Plans and Outside Agency Development Review (a) Preliminary review All capital improvement plans and other outside public agencies and utilities which by law are required to submit project plans and reports for City review shall be subject to the development review process outlined in this section. (b) Review procedure Upon receipt of project plans and reports, review of the projects will be processed in accordance to the procedure depicted in Figure 2-1(S. City of San Juan Capistrano Land Use Code 9-2-58 November 15, 2002 Chapter 9.2 -Administration Project is a minor • • • 1 City CIP project - Project is not a minor CIP project Environmental Administrator(EA) evaluates project for compliance:with state Additional environmental laws and pmpares information appropriate environmental documentation needed for City-initiated projects. The documentation will be circulates.for up to a 45-day review period. Planning Commission considers the project application and forwards a recommendation to the City Council. City Commissions Public Meeting notice required review the proposed depending on project. Once items is project placed on the agenda,the Commission has 30 days to act. City CounDaacs application. Public Me requiredFor City projects depending oouncil acts to:•Conprove For outside agency projects City Engineer reviews all proposed plans for construction or modification to public Al improvements.Engineer acts to: *Approve* °Conditionally Approve* •Deny City Council approves bids ) and specifications,and awards r contract * No plans shall be approved by the City Engineer unless it is determined that: 1• • (l ) The plans are in conformance with all Figure 2-16 applicable design requirements of this Title 9 and other applicable regulations;and Process for Review of Public (2) All discretionary approvals required by this Title 9 for such improvements have been given Improvement Plans and and the improvement plans are in conformance with said approvals. Outside Agency Development City of San Juan Capistrano Land Use Code 9-2-59 November 15, 2002 Chapter 9.2 -Administration (c) Exceptions Exceptions to the procedural requirements of this section may be granted by the Environmental Administrator based on a finding that a proposed project meets the capital improvement project criteria adopted by City Council Policy. `Sec. 9-2.339 Public Meeting Procedures (a) Introduction -- Whenever a public meeting is required by provisions of this Title 9, the procedures set forth in this section shall be followed. — (b) Posting of notice Notice of the time and place of the public meeting,a general explanation of the matter to be considered, and a general description of the area affected and the place where further information on the application may be obtained shall be given at least 10 calendar days before the hearing by posting at three (3) public places in the City. Said public places shall be designated by City Council resolution. - (c) Mailing Notice containing the information specified in subsection (b) of this section shall also be given by mail or delivered to the applicant,adjacent parties,and any other person who hasfiled a written request with the City for such notice. (d) Conduct of public meeting Prior to action on the application,the decisionmaking body shall hold the public meeting and take testimony in accordance with procedures adopted by said body. If a duly-noticed public meeting is continued from one public meeting to a specific subsequent public meeting, no additional public notice shall be required. Sec. 9-2.341 Sand, Gravel, and Mineral Extraction Permit All uses pertaining to the mining,quarrying,or commercial extraction of sand,gravel,rock,aggregate, clay, or similar materials on private property in the City shall require a conditional use permit, pursuant to Section 9-2.317 Conditional Use Permit of this title. Operational permits associated with the mining,quarrying,or commercial extraction of sand,gravel,rock,aggregate,clay, City of San Juan Capistrano Land Use Code 9-2-60 November 15, 2002 Chapter 9.2 -Administration or similar materials on private property in the City are described in Section 9-3.5 39 Sand,Gravel, and Mineral Extraction of this title. Sec. 9-2.343 Sign Permit Review (a) Introduction The purpose and intent of sign regulations in the City are set forth in Section 9-3.543 Signs.Asign permit shall be required for all signs not specifically exempt in Section 9-3.543 Signs prior to the placing, erecting, moving, reconstructing, altering, or displaying of any sign, including painted wall signs,within the City. (b) Decisionmaking authority The Planning Director shall review those sign permit applications which are not part of an overall development project for which the City Council, Planning Commission, or other body has decisionmaking authority. In the latter case, the project decisionmaking body shall review the sign program for the project. In addition., in cases where the Planning Director determines that a sign is proposed in an unusually :prominent location or may have an unusual visual impact on surrounding areas, the Planning Director may refer such sign application to the Planning Commission for review and action. (c) Review of sign application Applications for sign review may be filed with the Department of Planning Services. The Planning Director shall prescribe the form of application and the supporting information required to initiate the sign permit application review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application shall be processed in accordance to the procedure depicted in Figure 2-17. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. (d) Findings required for approval No sign application shall be approved unless and until the following findings are made: (1) The proposed sign(s) is consistent with the design criteria of Section 9-3.543 Signs. - City of San Juan Capistrano Land Use Code 9-2-61 November 15, 2002 Chapter 9.2 -Administration Pre-application Meeting _ Proposed sign exempt from review pursuant to Section 9-3.543 IF Application A A— Sign permit Sign permit Refer to figure that application part of application not part Application determined corresponds to overall an overall of an overzdl to be incomplete. development project development project development project returned for additional process nor exempt information Application reviewed for completeness by Department of Planning Services Additional Planning Director considers application.Public information Meeting notice not required. Within 10 days, I---T needed Director acts to: •Approve •Conditionally Approve •Deny -- • NO APPEAL Refer to Planning Commission Specified signs and signs proposed in an unusually prominent location or have unusual visual impact IF Planning Commission considers application. Public Meeting notice required. Commission acts to: APPEAL •Approve •Conditionally Approve •Deny NO APPEAL IF See Figure 2-3 for description of appeals process Figure 2-17 Process for Sign Permit Review City of San Juan Capistrano Land Use Code 9-2-62 November 15, 2002 Chapter 9.2 -Administration (2) The proposed sign(s)conforms to all numerical size,height,and other requirements of Section 9-3.543 Signs. (e) Permits No sign shall be erected until required building and other permits are issued in accordance with Title 8 and Section 9-3.543 Signs of the Municipal Code. Sec. 9-2.345 Subdivision Approval (a) Maps required City approval of subdivision maps shall be required for the division of any improved or unimproved land,or any portion thereof,shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future, except for: (1) leases of agricultural land for agricultural purposes; or (2)leases, adjustments, and other items to which the Subdivision Map Act (Government Code § 66410 et seq.) specifically designates itself as "inapplicable." Property shall be considered as contiguous units, even if it is separated by roads,streets, utility easements, or railroad rights-of-way. The term "subdivision" shall include a condominium project, as defined in Section 1350 of the Civil Code of the State,a community apartment project,as defined in Section 1351 of the Civil Code of the State, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of said Business and Professions Code.As used in this section, "agricultural purposes"shall mean the cultivation of food or fiber or the grazing or pasturing of livestock. (b) Parcel map subdivisions All requirements set forth in this section for tentative and final maps shall apply equally to the review and processing of tentative parcel maps and parcel maps (subdivisions creating four (4) or fewer parcels). (c) Preparation and filing Tentative maps shall be prepared in accordance with the provisions of Article 1 Tentative Tract Maps and Tentative Parcel Maps of Chapter 4 of this title and may be fled with the Planning Director by a record owner or owners of property or their authorized agents. In addition, a written application for a subdivision shall be submitted to the Planning Director, who shall prescribe the form of application and the supporting information required to City of San Juan Capistrano Land Use Code 9-2-63 November 15, 2002 Chapter 9.2 -Administration initiate both environmental review (pursuant to Article 2 General Plan Review and Consistency of Chapter 2 of this title)and the tentative map application review. It shall be the obligation of the applicant to file all information .and fees necessary for the acceptance of the application as complete.No tentative map shall be considered as filed until accepted as complete by the Planning Director. (d) Review Procedure Tentative map applications shall be processed in accordance to the procedure depicted in Figure 2-18. (e) Modifications to tentative maps Modifications to a submitted tentative map may be made by the applicant during the review and hearing process. A tentative map modified prior to or during review by the Planning Commission need not be readvertised for a public hearing. However,if a tentative map is substantially modified by the applicant after the completion of the review by the Planning Commission,the City Council shall not take final action on such map without first receiving a new report from the Planning Commission. Such cases of substantial modification shall be deemed as a resubmittal of the tentative map ,application for the purposes of the mandatory review periods set forth in subsection (d) of this section, that is, such review periods shall begin again as if the tentative map were a new submittal. However,a shorter review period may be utilized upon mutual agreement between the applicant and the reviewing body. In addition, a tentative map substantially modified by the applicant after final approval by the City Council shall also require the preparation of a new report by the Planning Commission, followed by reconsideration of the modified map by the Council. The determination as to whether a tentative map has been "substantially modified" shall be made by the Planning Director. (f) Findings (1) Approval. To approve a tentative map, the approving body shall make the following findings: - (A) That the proposed map is consistent with the applicable General and Spec f c Plans; (B) That the design or improvement of the proposed subdivision is consistent with the applicable General and Specific Plans; City of San Juan Capistrano Land Use Code 9-2-64 November 15, 2002 Chapter 9.2 -Administration Pre-Application Meeting Application submittal requirements not met; Application reviewed for Application submittal returned for additional completeness by Department of requirements met information Planning Services Project Coordinating Application determined Committee(PCC)reviews to be incomplete; application for completeness and Application determined returned for additional identifies issues to be complete information Environmental Administrator (EA)evaluates application for Forwarded to other compliance with state City Commissions for environmental laws. The application will be circulated for u Other City review if necessary� _ PP P Commissions review to a 45-day review period. - the proposed project Forwarded to Planning Commission if review by other City Commissions not necessary Planning Commission considers the project application and forwards a �—' Project recommendation to the City Council substantially within 50 days of receipt of the City Council considers application modified completed application or substantial -- within 30 days of receipt of application modification.* Public hearinrequired from Planning Commission.* Public Hearing required. Council acts to: •Approve •Conditionally Approve •Deny --� F Decision Final Figure 2-18 * The review period may be extended if there is Process for Tentative Parcel mutual agreement between the decisionmaking Map (TPM), Tentative Tract body and applicant,or if othenvise provided for in the Subdivision Map Act. Map (TTM), and Condominium Conversion City of San Juan Capistrano Land Use Code 9-2-65 November 15, 2002 Chapter 9.2 -Administration (C) That the site is physically suitable for the type of development; (D) That the site is physically suitable for the proposed density of development; (E) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat; (F) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems; (G) That the design of the subdivision or thetype of improvements will not conflict with easements acquired by the public at large for access through, or the use of, propertywithin the proposed subdivision.In this connection,the tentative map may be approved if alternate easements for access or for use will be substantially equivalent to easements previously acquired by the public.The provisions of this subsection shall apply only to easements of record or to easements established by judgment of a competent jurisdiction and shall not be construed that the public at large has acquired easements for access through,or the use of,property within the proposed subdivision; and (H) That the design or improvements of the proposed subdivision will not interfere with the maintenance or preservation of an historical site. (2) Denial. A tentative map will be denied if any of the above findings required for approval are not made. (g) Imposition of conditions In approving a tentative map, the approving body shall impose whatever conditions it deems necessary in order to provide for the compatibility of the proposed subdivision with the existing and proposed land uses; for consistency with the goals, policies, and objectives of the General Plan; and to otherwise ensure compliance with the provisions of Chapters 3 and 4 of this title and of the Subdivision Map Act. (h) Map expiration A tentative map shall expire t,venty-four (24) months after its approval or conditional approval.The expiration of the tentative map shall terminate all proceedings,and no final map of all or any portion of the real property included within such tentative map shall be -- filed without first processing a new tentative map. However, once a timely filing of a final map is made pursuant to Section 66457 of said Subdivision Map Act, subsequent actions by the City, including,but not limited to,processing, approving,and recording,may lawfully City of San Juan Capistrano Land Use Code _ 9-2-66 November 15, 2002 Chapter 9.2 -Administration occur after the date of expiration of the tentative map. (i) Map extensions Upon a written application by the subdivider,filed prior to the expiration of a tentative map, the time at which such map expires may be extended by the City Council. No action on such an extension shall be taken, however, until a new public hearing is held in the same manner as specified in subsection (d) of this section. Such extension or extensions shall not exceed a total of sixty (60) months from date of initial approval. (j) Final maps - Final maps shall be recorded witl-i the County Recorder after their processing and certification in accordance with the provisions of Article 2 Final Maps and Parcel Maps of Chapter 4 of this title. (k) Condominium conversions Subdivision maps providing for the conversion of property to condominiums, community apartments,stock cooperatives,or other types of individual ownership arrangements shall be processed in accordance with the procedure depicted in Figure 2-18 and with any additional requirements set forth in said Subdivision Alap Act. (1) Annexations Tentative maps may also be submitted for land located within territory adjacent to the City. The approval of such a tentative map shall be conditioned upon the annexation of the property to the City within a time specified. (m) Waivers of subdivision maps _ The requirement for the processing of a parcel map for the subdivision of a property into four (4) or fewer parcels, or for the processing of a tentative and final map for the construction of a condominium project on a single parcel, may be waived by the City Council if it makes both of the following findings: (1) That the project is otherwise subject to the development review requirements and conditions of this Chapter 2 Administration; and (2) That the subject project complies with all the requirements of the Subdivision Map Act and this title regarding, but not limited to, area,improvement and design, floodwater drainage control,public road improvements, sanitary disposal facilities,water supply availability, environmental protection, and park land requirements. City of San Juan Capistrano Land Use Code 9-2-67 November 15, 2002 Chapter 9.2 -Administration (n) Dedications and reservations Dedications and reservations for public streets, parks, and other uses shall be imposed in accordance with Chapter 4 Subdivision/Improvement Standards of this title and the Subdivision Map Act. --- Sec. 9-2.347 Temporary Use Permits (a) Introduction -- Certain temporary uses of land and structures are permitted within the City as specified in Section 9-3.553 Temporary Uses and Structures. Application forms and required - application information for the establishment of temporary uses shall be as prescribed by the Planning Director. (b) Decisionmalang authority The Planning Director shall have the following authority: (1) The Planning Director shall have the authority to approve, approve subject to conditions, or deny application for the establishment of temporary uses. (2) In cases where the Planning Director determines that the temporary use may have unusual impacts on surrounding properties, the Planning Director may refer the application to the Planning Commission or Cite Council for action. (3) Decisions of the Planning Director or the Planning Commission regarding temporary uses may be appealed to the City Council in accordance with Section 9-2.311 Appeals. (4) The Planning Director may classify uses and structures not specified by Section 9-3.553 Temporary Lases and Structures as temporary uses based upon findings that such uses will not exceed one year, will be compatible with the adjoining properties, will be consistent with the General Plan and are inherently temporary without the potential to become permanent. (5) The Planning Director may administratively approve one six (6) month extension of a previously approved temporary use permit subject to the criteria established by subsection (e) of the section. City of San Juan Capistrano Land Use Code 9-2-68 November 15, 2002 Chapter 9.2 -Administration (c) Review procedure Applications for temporary use permits may be filed with the Department of Planning Services. The Planning Director shall prescribe the form of application and the supporting information required to initiate the temporary use permit application review. Once an application is received by the Department of Planning Services, lthe application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete,then the application shall be processed in accordance to the procedure depicted in Figure 2-19. If the application is found to be incomplete,the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not:be processed until that information is received by the Department of Planning Services. (d) Appeals Decisions on temporary use permit applications may be appealed to the City Council by the applicant or other aggrieved party in accordance with Section 9-2.311 Appeals. (e) Findings In order to approve or conditionally approve a temporary use permit application, the Planning Director must find that it meets the following criteria: (1) That the temporary use or structure will be compatible with adjoining properties, will further the purpose and intent of the City's Land Use Code,and will meet all applicable provisions of this Code-, (2) That the proposed type and location of the temporary use or structure is consistent with the General Plan's policies; and (3) That the temporary use will be in compliance with the provisions of the California Environmental Quality Act. City of San Juan Capistrano Land Use Code 9-.2-69 November 15, 2002 Chapter 9.2 -Administration Pre-application Meeting Application submittal Application reviewed for requirements not met; completeness by Department of returned for additional Planning Services information Within 5 days Planning Application subm _� Director sends written - requirements met: notice of application to Additional qproperty owners directly information adjacent to or across from a needed public-right of-way from the applicant property Planning Director considers application. Public Meeting notice required.Director acts to: •Approve •Conditionally Approve NO APPEAL IL •Deny Temporary use may have •Refer to Planning Commission or City i unusual impacts on Council surrounding properties or extend for a period of 18 months or more Planning Commission or City Council considers application.Public Meeting notice APPEAL(of Planning required. Commission/Council acts to: Director or Planning *Approve Commission Action °Conditionally Approve •Deny NO APPEAUCITY COUNCIL See Figure 2-3 for description of ACTION appeals process — * Property owners receiving notice may file a written objection to the proposed use including the basis for the objection to the Department of Planning Services within ten(10)days of the mailing of such notice. Figure 2-19 Upon receipt of a written objection,the Planning Director's action on the application,if contrary to the stated objection,shall include findings Process for Temporary which specifically address the basis of the objection. use Permit City of San Juan Capistrano Land Use Code 9-2-70 November 15, 2002 Chapter 9.2 -Administration ,Sec. 9-2.349 Tree Removal Permit (a) Purpose and intent The purpose and intent of this section is to provide for the preservation of existing trees within the City while permitting reasonable use and development of properties containing such trees. For the purposes of this section,"tree"shall mean a living woody perennial plant having a trunk diameter greater than six (6) inches measured at a point three (3) feet above the ground. (b) Tree removal permit procedures (1) No removal without permit. No tree,unless specifically exempted by subsection (e) of this section, shall be removed without prior approval of a tree removal permit pursuant to the requirements of this section. Said action on the approval or denial of the tree removal permit shall require specific findings based on the factors outlined in subsection (c). Applications for tree removal may be filed with the Department - of Planning Services.The Planning Director shall prescribe the form of application and the supporting information required to initiate the tree removal application review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete,Hien the application shall be processed in accordance to the procedure depicted subsections(b)(2)and(b)(3)of this section. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writingwithin thirty(30)days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. (2) Removals not associated with.new development. Applications for removal of trees on public or private property which are not associated with new development projects shall be approved or denied by the Tree Inspector. Tree removal applications shall be processed in accordance to the procedure depicted in Figure 2-20. The Tree Inspector may require an arborist to prepare and submit a report on the health of the specific tree. City of San Juan Capistrano Land Use Code 9--2-71 November IS,2002 Chapter 9.2 -Administration Tree is less than 6-inches;causes an Pre-application Meeting immediate threat;is located in a nursery, garden center,tree farm,or orchard;or is being removed to utilize land for production of leafy vegetables or open space • Submittal Tree removal permit application not part of an Tree removal permit — applicatioZan overall development project overall dnor is tree exemptApplication submittal prV requirements not met; — _, returned for additional Application reviewed for information Refer to figure that completeness by Department of corresponds to overall Planning Services — development project process Additional information Tree Inspector considers application. Public needed T Meeting notice not required.Inspector acts to: *Approve *Conditionally Approve Application affects a °Deny very large tree(24- °Refer to Planning Commission if application inch)or other affects a very large tree(24-inch)or other unusual — unusual circumstance circumstance \\\NO APPEAL Planning Commission considers application. Public Meeting notice required if application affects - very large trees(24-inch or greater)or specially designated trees located within the public right-of- ' way.Commission acts to: °Approve °Conditionally Approve •Deny APPEAL NO APPEAL See Figure 2-3 for description of appeals process Figure 2-20 Process for Tree Removal Permit City of San Juan Capistrano Land Use Code 9-2-72 November 15, 2002 Chapter 9.2 -Administration (3) Removal associated with neve development. Applications for removal of trees on private property which are associated with new development projects shall be approved or denied by the decisionmaking body for that project. Tree removal applications shall be processed in accordance to the procedure depicted in Figure 2-20. In considering development applications where tree removals are requested, the City may cause to be prepared,a report by an arborculturalist. Such report shall include, as a minimum, an evaluation on the health of the tree(s), identification of measures which can be incorporated into project design to preserve said trees, and any recommended modifications to project design necessary to protect the trees. (4) Imposition of conditions. The Tree Inspector or decisionmaking body may impose conditions on tree removal permit approvals. Such conditions may include,but are not limited to,the replacement of a tree to be removed with new trees of similar size. (e) Factors to influence approval or denial The reviewing body shall consider the following factors in determining whether to approve or deny a tree removal permit application: (1) The condition of existing trees with respect to disease, general health, and ability to preserve; (2) Whether a project site plan has been designed to preserve the maximum number of existing trees on the site; (3) Whether the design and placement of new public utilities and facilities have avoided tree removal; (4) The topography of the property and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters; (5) The adverse visual impacts of tree removals upon surrounding properties and streets, the decrease in visual buffering or construction mitigation which would result from a proposed tree removal; (6) Foundation, slab, wall or other property damage, or excessive nuisance problems caused by an existing tree; - (7) Material interference by an existing tree with the safe and efficient maintenance of an existing electrical, sewer,water, or other utility line-, (8) The health of the tree or trees proposed for removal and their likely remaining life if Oty of San Juan Capistrano Land Use Code 9-2-73 November 15, 2002 Chapter 9.2 -Administration preserved; (9) Possible future hazards to traffic,pedestrians,general public safety,or property if the tree(s) is preserved; and (10) The interests of the City in the protection and conservation of trees and other irreplaceable natural resources from pollution impairments or destruction. (d) Appeals Any decision regarding tree removal may be appealed by the applicant or by an affected City resident or property owner in accordance with the provisions of Section 9-2.311 Appeals. (e) Exemptions (1) Emergencies. In the event of an emergency wherein a tree is causing an immediate threat to human life or to property, the Tree Inspector, Public Works Director,or the Sheriff's Department,Fire:Department,or City employee in charge at the scene may authorize the removal of such tree without issuance of a removal permit. (2) Orchards. Trees which are growing on property currently in use as a nursery,garden center,tree farm,or orchard,where such trees,or their produce,are being grown for the purposes of sale,and trees which are being completely removed in order to utilize the land for the production of leafy vegetation or open space, shall be exempt from the provisions of this section. Sec. 9-2.351 Variances and Exceptions (a) Purpose and intent This section provides for the consideration of variances and exceptions to the regulations of this Land Use Code (Chapters 1 through 5,Title 9). Adjustments up to ten (10) percent of the maximum or minimum of the development standards for a project are subject to Section 9- _ 2.319 Development Standards Adjustment. (b) Variance to regulations — (1) Variances may be approved only when the City determines that, because of special circumstances applicable to the property,including size,shape,topography,location, or surroundings, the strict application of this Land Use Code deprives such property of privileges enjoyed by other properties in the vicinity under identical zoning classification. City of San Juan Capistrano Land Use Code 9-2-74 November 15, 2002 Chapter 9.2 -Administration Any variance granted shall be subject to such conditions as will assure that the - adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel which authorizes a use or activity which is not otherwise expressly authorized by the District regulations (Chapter 3 Zoning Districts and Standards of this title) governing;the parcel. (2) Decisionmaking authority.The Planning Commission or the Zoning Administrator shall have the authority to approve, deny, or approve with conditions the variance applications specified in Section 9-1.111 Zoning Administrator Authority. Applications for variances may be filed with the Department of Planning Services.The Planning Director shall prescribe the form of application and the supporting information required to initiate the variance application review.Once an application is received by the Department of Planning Services,the application will be reviewed for completeness. If the Project Coordinating;Committee finds the application to be complete,then the application shall be processed in accordance to the procedure depicted in Figure 2-21. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty(30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. (3) Findings required for approval. No variance shall be approved unless the decisionmaking authority makes all of the following findings: (A) There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings such that the strict application of this code would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. (B) The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. (C) The variance will not result in development which is otherwise inconsistent with the provisions of Title 9 of the Municipal Code. (D) The variance will not result in development which is inconsistent with the goals, policies and objectives of the General Plan. City of San Juan Capistrano Land Use Code 9-2-75 November 15, 2002 Chapter 9.2 -Administration Pre-Application Meeting Application Submittal Application determined Project Coordinating to be incomplete- Committee(PCC)reviews Application determined returned for additional application for completeness and to be complete information identifies issues Environmental Administrator (EA)evaluates application for compliance with state -- Forwarded to City environmental laws. The Commissions if the project application will be circulated for up Forwarded to Zoning is submitted in conjunction to a 4!i-day review period. Administrator if project is not _ with a part of a project that submitted in conjunction with requires Planning a part of a project that requires IF Commission action Planning Commission action IF City Commissions '�— review the proposed project Zoning Administrator(ZA) considers application. Public Hearing required. ZA acts to: •Approve •Conditionally Approve Planning Commission considers •Deny application.Public Hearing required. Commission acts to: _ •Approve •Conditionally Approve NO APPEAL •Deny APPEAL �NO APPEAL AiLSee Figure 2-3 for description of appeals process Figure 2-21 Process for Variance City of San Juan Capistrano Land Use Code 9-2-76 November 15, 2002 Chapter 9.2 -Administration (4) Conditions of approval. In approving a variance application,the approving authority may impose conditions of approval which it deems necessary to ensure: (1) the compatibility of the land use or development with existing and proposed land uses Y on surrounding properties; and (2) consistence with the goals and policies of the General Plan. (5) Appeals.Decisions on variance applications may be appealed by the applicant or other aggrieved party to the City Council in accordance with Section 9-2.311 Appeals. (6) Expiration of variance. If construction (or other entitlement) authorized by an approved variance has not been commenced within two (2) years of variance approval, the variance shall be rendered null and void. (7) Consistency or working drawings with approved plans. A variance approval shall pertain only to those plans reviewed and approved with the variance. Further, all plans approved with a variance shall be considered an integral part of the variance approval. The Planning Director shall ensure that any final working drawings for grading or construction authorized by a variance approval are consistent with said previously-reviewed plans prior to release of working drawings for plan check. The - Planning Director may approve minor variations from previously-reviewed plans if he or she determines that the original plan concepts are being carried out. If the Planning Director does not make such a determination,the subject working drawings shall be referred to the decisionmaking authority for review and action. (8) Revocation. A variance may be revoked or modified (including the imposition of additional conditions)by the approving body upon finding by said authority that the conditions of approval of the variance have not been met or that the land use is being operated in violation of other provisions of this Land Use Code.A public hearing shall be held in accordance with Section 9-2.335 :Public Hearing Procedures prior to action on revocation or modification. The Planning Director may schedule such a hearing upon his or her preliminary finding of noncompliance with any of the preceding requirements. (c) Exceptions to regulations The Planning Commission and Zoning Administrator may grant an exception to land use code regulations as specified in specified in Section 9-1.111 Zoning Administrator Authority, subject to the criteria and limitations set forth in this subsection. Public notification may be deemed necessary but shall not be required in the granting of an exception. Applications for exceptions may befiled led with the Department of Planning Services. The City of San Juan Capistrano Land Use Code 9-2-77 November IS, 2002 Chapter 9.2 -Administration Planning Director shall prescribe the form of application and the supporting information required to initiate the exception application review-. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Project Coordinating Committee finds the application to be complete, then the application shall be processed in accordance to the procedure depicted in Figure 2-22. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not be processed until that information is received by r the Department of Planning Services. (1) Findings. An exception to land use code regulations may be granted provided a positive finding can be made in the following areas: (A) That there are special physical circumstances in areas surrounding the property which justify granting the exception; (B) That the intent of the requirement is being met in the design of the total project; and (C) That there is little potential for the exception to create a negative impact on surrounding areas. - (3) Conditions. In granting an exception,the Planning Commission may impose whatever conditions it deems necessary to ensure: (A) The compatibility of the use with the existing and proposed uses; (B) That any potential negative impacts have been adequately mitigated; and (C) Consistency with the goals, policies, and objectives of the General "Plan. City of San Juan Capistrano Land Use Code 9-2-78 November 15, 2002 Chapter 9.2 -Administration Pre-Application Meeting Application ISubmittal Application determined Project Coordinating to be incomplete- Committee(PCC)reviews Application determined returned for additional application for completeness and to be complete information identifies issues Environmental Administrator (EA)evaluates application for compliance with state Forwarded to City environmental laws. The Commissions if the project application will be circulated for up Forwarded to Zoning is submitted in conjunction to a 45-day review period. Administrator if project is not with a part of a project that submitted in conjunction with requires Planning a part of a project that requires Commission action Planning Commission action City Commissions �� review the proposed project ng Administrator(ZA) (co:nsi& application. Public Hearing required. ZA acts to: •Approve Conditionally Approve Planning Commission considers •Deny application.Public Hearing not required. Commission acts to: •Approve •Conditionally Approve NO APPEAL •Deny APPEAL �NO APPEAL See Figure 2-3 for description of ALL appeals process AIL Figure 2-22 Process for Exception to Land Use Code Regulations City of San Juan Capistrano Land Use Code 9-2-79 November 15, 2002 Chapter 9.2 -Administration ARTICLE 4AuisANCI S For the purposes of this Land Use Code, "nuisance" shall mean anything which is injurious to health, indecent,or offensive to the senses or which obstructs the free use of property or endangers property so as to interfere with the comfortable enjoyment of life or property by any number of the citizens of the City. It is hereby declared to be a nuisance to make,cause,or permit to be made or cause on any premises arty action which is physically annoying to persons of ordinary sensitiveness or which is so harsh or so prolonged or unnatural or unusual in its use, time, or place as to occasion physical discomfort. City of San Juan Capistrano Land Use Code 9-2-80 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards CH.A.PTER 9-3. ZONING DISTRICT'S AND STANDARDS Article 1. Establishment of Districts: Official Zoning Map 9-3.101. Districts Established 9-3.103. Official Zoning Map 9-3.105. Interpretations of District Boundaries Article 2. District Regulations: General Provisions 9-3.201. Application of Provisions 9-3.203. Unlisted Lases - 9-3.205. Prezoning Prior to Annexations 9-3.207. Interim Uses - Article 3. Base District Regulations/Standards 9-3.301. Residential Districts 9-3.303. Commercial Districts 9-3.305. Industrial Districts 9-3.307. Public and Institutional (P&I) District 9-3.309. Open Space Districts 9-3.311. Farm Market (FM) District 9-3.313. Solid Waste Facility (SWF) District 9-3.315. Planned Community (PC) District 9-3.317. Specific Plan/Precise Plan (SP/PP) District Article 4. Environmental Overlay Districts 9-3.401. Purpose 9-3.403. Designation 9-3.405. Floodplain Management (FM) District 9-3.407. Cultural Resources/Historic Preservation (HP) District 9-3.409. Noise Management (N) District 9-3.411. Ridgeline and Open Space Preservation (RP) District Article S. Supplemental District Regulations 9-3.501. Accessory Uses and Structures 9-3.503. Adult Oriented Business 9-3.505. Affordable Housing Requirements 9-3.507. Antennas 9-3.509. Bed and Breakfasts 9-3.511. Caretaker Residences City of San Juan Capistrano Land Use Code 9-3-1 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards 9-3.513. Dust Control 9-3.515. Equestrian Standards (Commercial and Non-commercial Stables) 9-3.517. Fences,Walls, and Hedges 9-3.519. Fuel Modification Standards 9-3.521. Hazardous Waste Facilities - 9-3.523. Home Business 9-3.525, Kennels 9-3.527. Landscape (water conservation standards) _. 9-3.529. Lighting Standards 9-3.531. Noise Standards (residential and non-residential) 9-3.533. Nonconforming Uses,.Lots, and Structures 9-3.535. Parking 9-3.537. Recycling Facilities 9-3.539. Sand, Gravel, and Mineral Extraction 9-3.541. Service and Fuel Dispensing Stations 9-3.543. Signs - 9-3.545. Soils Subsidence Remediation Program 9-3.547. Special Activities (non-residential) 9-3.549. Storage and Display (Outside) 9-3.551. Swimming Pools 9-3.553. Temporary Uses and Structures va. 9-3.555. Transportation Demand Management 9-3.557. Tree Preservation 9-3.559. Visibility at Intersections/Driveways - Cii'T of San Juan Capistrano Land Use Code 9-3-2 November 15, 2002 Chafiter 9.3 -Zoning Districts and Standards ARTICLE 1 . ESTABLISHMENT OF DISTRICTS: OFFICIAL ZONING MAP Spec. 9-3.101 Districts Established (a) Base districts There are hereby established the following Base Districts into which the City is divided and which are designated as follows: (1) Residential/Agriculture District (RA); (2) Hillside Residential District (HR) (3) Single-Family-40,000 District (RSE-40,000); (4) Single-Family-20,000 District (RSE-20,000); (5) Single-Family-10,000 District (RS-10,000); _. (6) Single-Family-7,000 District (RS-7,000); (7) Single-Family-4,000 District (RS-4,000); (8) Residential Garden-7,000 District (RG-7,000); (9) Residential Garden-4,000 District (RG-4,000'); (10) Multiple-Family District (RM); (1 1) Affordable Family/Senior Housing District (AF/SH); (12) Mobilehome Park District (MHP); - (13) Tourist Commercial District (TC); (14) Neighborhood Commercial District (NC); (15) General Commercial District (GC); (16) Office Commercial District (OC); (17) Commercial Manufacturing District (CM); City of San Juan Capistrano Land Use Code 9-3-3 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (18) Industrial Park District (IP); (19) Agri-Business District (A); (20) Public and Institutional District (P&I); (21) General Open Space (GOS); (22) Open Space Recreation District (OSR); (23) Neighborhood Park District (NP); (24) Community Park District (CP); (25) Specialty Park District (SP); (26) Regional Park District (RP) (27) Natural Open Space District (NOS) (2 8) Recreation Commercial District (RC) (29) Farm Market District (FM); (30) Solid Waste Facility District (SWF); (31) Planned Community District (PC); and - (32) Specific Plan/Precise Plan District (SP/PP). (b) Environmental overlay districts In addition to the Base Districts established by the provisions of subsection(a)of this section, there are hereby established the following Environmental Overlay Districts which may be instituted by the City in combination with underlying Base Districts: (1) Floodplain Management District (FP); (2) Cultural Resources/Historic Preservation District (HP); (3) Noise Management District (N); and ^ (4) Ridgeline and Open Space Preservation District: (RP). City of San Juan Capistrano Land Use Code 9-3-4 November I5, 2002 Chapter 9.3 -Zoning Districts and Standards Sec. 9-3.103 Official Zoning Map (a) Adoption The boundaries of the districts designated and established by Section 9-3.101 Districts Established shall be shown on that certain map entitled "Oficial Zoning Map, City of San Juan Capistrano," incorporated in this chapter and made a part of this chapter by reference as if fully set forth in this chapter,and on file in the office of the Planning Director. Reference to the Oficial Zoning Map is hereby made for particulars as to the precise location and boundaries of the areas of the City within each district established by said Section 9- 3.101 Districts Established. The districts shown on the Oficial Zoning Map are hereby declared to be subject to the regulations pertaining to each such district as such regulations are set forth in Chapters 1 through 5 of this title. (b) Identification The Oficial Zoning Map shall be identified by the signature of the Mayor, shall be attested by the City Clerk, and shall bear the seal of the City under the following words: "This is to certify that this is the Oficial Zoning Map referred to in Chapter 9-3 Article 1 of Ordinance No. 869 (Land Use Code) of the City of San Juan Capistrano". The Oficial Zoning Map shall be dated November 15, 2002. (c) Amendments - notations If changes are made in the district boundaries or other matters portrayed on the Oficial Zoning Map as set forth in Section 9-2.315 Change of Zone District,such changes shall be entered on the Oficial Zoning Map promptly after the amendment has been approved by the City Council.An entry listing the change shall be made on the Oficial Zoning Map,which entry shall be signed by the Mayor and attested by the City Clerk. (d) Replacement In the event the Oficial Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council, by - resolution, may adopt a new Oficial Zoning Map which shall supersede the prior Oficial Zoning Map. The new Oficial Zoning Map may correct drafting or other errors or omissions in the prior Oficial Zoning Map, but no such correction shall have the effect of amending the original Oficial Zoning Map or any subsequent amendment thereto. The new Oficial Zoning Map shall be identified by the signature of the Mayor, shall be attested by the City Clerk, and shall bear the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Oficial Zoning Map adopted November 15, 2002,as part of Ordinance No. 869 (Land Use Code) of the City of San Juan Capistrano". City of San Juan Capistrano Land Use Code 9-3-S November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Unless the prior Oficial Zoning Map has been lost or has been totally destroyed, the prior map or any significant part thereof remaining shall be preserved,together with all available records pertaining to its adoption or amendments thereto. Sec. 9-3.105 Interpretations of District Boundaries Where uncertainty exists as to the boundaries of the Base Districts shown on the Oficial Zoning Map, the following rules shall apply: (a) Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines. (b) Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines. (c) Boundaries indicated as approximately following the City limits shall be construed as following such City limits. (d) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. (e) Where physical or cultural features existing on the ground are at variance with those shown on the Oficial Zoning Map,or in other circumstances not referred to in this section, the Planning Director shall interpret the district boundaries. The Planning Director may refer the interpretation to the Planning Commission. City of San Juan Capistrano Land Use Code -- 9.3-6 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards ARTICLE 2. DISTRICT REGULATIONS: GENERAL PROVISIONS Sec. 9-3.201 Application of Provisions The provisions set forth in this chapter for each district shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land, except as follows: (a) No building,structure, or land shall be used or occupied, and no building shall be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the provisions set forth for the district in which such building,structure,or land is located. (b) No building or other structure shall be erected or altered: (1) To exceed the maximum permitted height or bulk; (2) To accommodate or house a greater number of units; (3) To occupy a greater percentage of lot area; (4) To have narrower or smaller rearyardsfron tyards,sideyards,or other open spaces than required; or (5) In any other manner contrary to the provisions of Chapters 1 through 5 of this title. (c) No part of a yard or other open space or off-street parking or loading space required for or in connection with any building for the purpose of complying with this chapter shall be - included as part of a yard, open space, or off-street parking or loading space similarly required for any other building, except as specifically provided in this chapter. (d) No yard or lot existing on November 15, 2002, shall be reduced in dimensions or area below the minimum requirements set forth in this chapter. Yards or lots created on or after November 15, 2002, shall meet at least the minimum requirements established by this chapter. (See Section 9-3.533 Nonconforming Lases, Lots, and Structures for provisions relating to nonconforming lots.) Sec. 9-3.203 Unlisted Uses The Planning Director shall have the authority and responsibility to review uses not listed in this chapter. A proposed unlisted use shall be permitted as a principal, accessory or comparable mobilehome park within a Base District if the Planning Director determines that such use falls within the purpose and intent of that Base District, is of a comparable nature to the principal, accessory or conditional uses set forth as permitted in the Base District, is not listed in another Base District, and will not be detrimental to property in the vicinity of such use. City of San Juan Capistrano Land Use Code 9-3-7 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Sec. 9-3.205 Prezoning Prior to Annexations The City, by ordinance, may prezone certain contiguous areas outside the City which, in the opinion of the City Council,bear relationship to the General Plan and sphere of influence. For this - purpose, prezoning maps may be developed, adopted, and amended in accordance with the provisions of Section 9-2.333 Pre-Zoning Prior to Annexation Procedures. Sec. 9-3.207 Interim Cases In addition to the regulations included in Section 9-3.5:33 Nonconforming Uses, Lots, and Structures,the City recognizes that there are areas within the City that have been developed legally for one use under previous zoning and which provide benefits to the community, but which are not consistent with the General Plan land use designation. To allow the continuing use of these areas, while identifying the future allowable use for the parcels in the event that the parcel is redeveloped for another use,the City may identify these areas on the Oficial Zoning Map with the existing zoning district identified and the future zoning district (General Plan consistent) identified in parentheses. The interim uses will be subject to the regulations applicable to the identified interim base district. City of San Juan Capistrano Land Use Code 9-3-8 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards ARTICLE 3. BASE DISTRICT REGULATIONS/STANDARDS Sec. 9-3.301 Residential Districts (a) Purpose and intent (1) Residential/Agriculture (RA) District The purpose and intent of the Residential/Agriculture (RA) District is to: (A) Provide for the maintenance and use of land for small farms and orchards, excluding commercial animal raising, in association with single family dwellings; and (B) Implement the General Plan concept of providing for large lot, rural residential uses, including, but not limited to, low density areas where the topography is not amenable to estate-type developments. (2) Hillside Residential (HR) District The purpose and intent of the Hillside Residential (HR) District is to: (A) Implement the programs and policies of the General Plan, including the Safety Element as it relates to protection from geologic hazards (unstable soils, prevention of erosion, and the like) and the Conservation and Open Space Element relating to the maintenance of the natural character and amenity of hillsides as a scenic resource of the City. (B) Provide for the utilization of innovative land planning and building design as a means of achieving high quality, flexibility, and efficiency in the design of residential subdivisions within hillside areas of the City. (3) Single-Family-40,000 (RSE-40,000) District The purpose and intent of the Single-Family-40,000 (RSE-40,000) District is to: (A) Provide for the establishment and control of large lot estate-type residential areas of low density, located and maintained in accordance with the General Plan; and (B) Encourage the preservation of a semi-rural residential character without the maintenance of farm-size acreage. _. City of San Juan Capistrano Land Use Code 9-3-9 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (4) Single-Family-20,000 (RSE-20,000) District The purpose and intent of the Single-Family-20,000 (RSE-20,000) District is to: (A) Provide for the establishment of residential areas of low density, located and maintained in accordance with the General Plan; and (B) Regulate such areas in order to preserve and perpetuate a spacious, low- density residential character. (5) Single-Family-10,000 (RS-10,000) District The purpose and intent of the Single-Family-.10,000 (RS-10,000) District is to provide for the establishment and regulation of residential areas developed with single-family detached dwellings, all on individual lots owned and maintained by individual homeowners. (6) Single-Family-7,000 (RS-7,000) District The purpose and intent of the Single-Family-7,000(RS-7,000)District is to provide for the establishment and regulation of residential areas developed with single family detached dwellings, all on individual lots owned and maintained by individual homeowners. (7) Single-Family-4,000 (RS-4,000) District The purpose and intent of the Single-Family-4,000(RS-4,000)District is to provide for the establishment and regulation of residential areas developed with single family detached dwellings, all on individual lots owned and maintained by individual homeowners. (8) Residential Garden-7,000 (RG-7,000) District The purpose and intent of the Residential Garden-7,000 (RG-7,000) District is to provide for the establishment and regulation of residential areas developed with garden, patio, duplex, or zero-lot-line homes, attached or detached, located and maintained in accordance with the General Plan. (9) Residential Garden-4,000 (RG-4,000) District The purpose and intent of the Residential Garden-4,000 (RG-4,000) District is to provide for the establishment and regulation of residential areas developed with garden, patio, duplex, or zero-lot-line homes, attached or detached, located and maintained in accordance with the General Plan. CizT of San Juan Capistrano Land Use Code 9-3-10 November 15, 2002 Chal,ter 9.3 -Zoning Districts and Standards (10) Multiple-Family(RM) District The purpose and intent of the Multiple-Family (RM) District is to provide for the establishment and regulation of multiple-family residential areas of various medium- to-high unit densities, located and maintained in accordance with the General Plan. (11) Affordable Family/Senior Housing (AF/SH) District The purpose and intent of the Affordable Family/Senior Housing(AF/SH) District is to provide for the establishment and regulation of multiple-family residential areas of higher densities that provide for affordable housing for the City's lower income family and senior households,located and maintained in accordance with the General Plan. (12) Mobilehome Park (MHP) District The purpose and intent of the Mobilehome Park (MHP) District is to provide a district for the establishment and regulation of mobilehome parks,planned,developed, and maintained as an integral unit and incorporating utilities,landscaping,recreation facilities, and other amenities. (b) Uses regulations (1) Table 3-1 identifies the uses permitted in the Rsidential/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-7,000), Single-Family-4,000(RS-4,000),Residential Garden-7,000(RG-7,000),Residential Garden-4,000 (RG-4,000), Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts. (2) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.315 Conditional Use Permit. Accessory use are subject to the review requirements and conditions contained in Section 9-3.501 Accessory Uses and Structures. (3) The "notes and exceptions"column of Table 3-1 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions - must be reviewed in conjunction with the other information for the class of use. (4) Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation,or the design of the use. The sections of this title governing these uses are identified in the "notes and exceptions" column of Table 3-1. City of San Juan Capistrano Land Use Code 9-3-11 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-1 Lases in Residential Districts (please refer to end of table for notes) Use 0 0 0 C c 0 0 0 a 4 Notes and x a Z a a a ¢ Exceptions — Accesso7 uses and structures A A A A A A A A A A A A incidental to the operation of a permitted use Alcoholism recovery P P P P P P P P P P P P residential facilities (for 6 or fewer persons) Animal grazing, breeding, -- P -- -- -- -- -- __ __ __ __ __ These uses are boarding,and training considered interim uses until residential — development plans are approved. Animal raising A C C C C C -- -- -- -- -- -- a. For RA (noncommercial) District-Must be 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 City of San Juan Capistrano Land Use Code 9-3-12 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-1 Lases in Residential Districts (please refer to end of table for notes) Use � o 0 0 0 0 0 c x o r;, 4 `t Notes and a w w +x a a 99 Exceptions raising or breeding shall be prohibited. Apiaries C -- -- -- -- -- -- -- -- -- -- -- Bed and breakfasts C C C C C C C C C C C C Subject to Section 9- 3.509 Bed and Breakfasts. Boarding and rooming houses -- -- -- -- -- -- -- -- -- P P -- Cemeteries C C C C C C C C C C C C Child day care centers C C C C C C C C C C C -- _. Crop and tree farming P P -- -- -- -- -- -- -- -- -- -- For HR- These uses are considered interim uses until residential development plans are approved. Equestrian facilities C C C C C C C C C -- -- -- a. Must be in (communal) conjunction with a subdivision. b. Subject to Section 9-3.515 Equestrian Standards. ,Family care homes P P P P P P P P P P P P (for 14 or fewer children) Home businesses 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- (noncommercial) 3.515 Equestrian Standards. Horse stables and C -- -- -- -- -- -- -- -- -- -- -- Subject to Section 9- equestrian centers 3.515 Equestrian (commercial) Standards. Kennels C -- -- -- -- -- -- -- -- -- -- -- Subject to Section 9- (commercial) 3.525 Kennels. Kennels A C C C -- -- -- -- -- -- -- -- Subject to Section 9- (noncommercial) 3.525 Kennels. City of San Juan Capistrano Land Use Code 9-3-13 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-1 Uses in Residential Districts (please refer to end of table for notes) _-_ Use o 0 Notes and x z a a Z 9 x Q Exceptions Public buildings and facilities P P P P P P P P P P P P a. Includes public schools, 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. Tennis courts community centers and other (noncommercial-public outdoor and private) recreational uses within such centers shall 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 approved by the City. Recycling facilities -- -- -- -- -- -- -- -- -- -- -- P Subject to Section 9- 3.537 Recycling Facilities. Section 9- 3.537 Recycling Facilities identifies the specific allowed recycling uses. City of San Juan Capistrano Land Use Code 9-3-15 November 15,2002 Chapter 9.3 -Zoning Districts and Standards Table 3-1 Uses in Residential Districts (please refer to end of table for notes) Use 0 0 0 0 0 0 0 0 0 00 0 0 0 O O O a w C7 ( Notes and x rx a a sx ¢w Exceptions Religious, fraternal, or C C C C C C C C C C C C Includes churches, non-profit organizations temples, synagogues, (non-profit) monasteries, religious retreats,and other places of religious worship and other fraternal and community service organizations. Residential care facilities P P P P P P P P P -- -- -- (for 6 or fewer persons) ;Residential care facilities C C C C C C C C C -- -- -- (over 6 persons) Residential dwelling unit P P P P P P P P P P P -- (single-family detached) Residential dwelling units -- -- -- -- -- P P p p p p (single-family attached) Residential dwelling units -- -- -- -- -- -- -- P P P P -- Must be located on a (duplex,two-family) single lot or with each dwelling on its own lot. - Residential dwelling units -- -- -- -- -- -- -- -- -- P p (multiple-family- apartments and cooperatives) Residential dwelling units -- -- -- -- -- -- -- P p p p (multiple-family- townhouses and condominiums) Residential dwelling A A A A A A A -- -- -- -- -- a. Allowed during the (temporary) construction of a --. permanent single-family residence on an individual lot in accordance with the provisions of Section 9-3.553 Temporary Uses and Structures. Secondary unit C C C C C C C C C -- -- -- a. Subject to (single-family) Section 9-3.501 Accessory Uses and Structures. City of San Juan Capistrano Land Use Code 9-3-16 1�bvember 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-1 Uses in Residential Districts (please refer to end of table for notes) Use 0 0 0 0 0 o c 0 0 0 0 0 C 0 a N N 'a' N � � � � Notes and (A CAx a Z a a ¢� Exceptions Swimming schools, tennis -- -- -- -- -- -- -- -- -- C C -- a. Must be deemed clubs and schools,and by the Planning similar activities Commission to be compatible with the existing or proposed residential uses. Tennis courts and other A A A C C C C -- -- -- -- -- a. The requirements outdoor recreational uses of Sections 9- - , (such as swimming pools 3.501 Accessory and play equipment and Uses and fields) on individual Structures and 9- residential lots 3.529 Lighting Standards. 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 City. Other uses may be allowed in the RM District with a conditional use permit if they are deemed by the Planning Commission to be compatible 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) (c) Development standards (1) Table 3-2 identifies the development standards 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-Family-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), Multiple-Family (RM),Affordable Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts. City of San Juan Capistrano Land Use Code 9-3-17 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-2 Development Standards for Residential Districts Floor Area One StoryTwo Story' Ratio Min. 1st Max. Min. Street Min. Min. Min. Floor Min. Min. Min. FIr/ %2nd Density/ Lot Front- Front Side Rear Area Front Side Rear Lot FIr to Bldp_ District Acre Area age Yd3'4 Yd3'5'6 Yd 3,7,8 Ratio Yd 3,4 Yd 3,S,6 Yd3'7'8 Area9 1st FIr Hgt RA10'11 0.4 DLI/acre 2•S 200 ft. 150 ft. 20 ft. 50 ft. 0.12 150 ft. 20 ft. 50 ft. 0.12 75% 35 ft. acres — Refer to 10,000 25/20 15/5 25/20 15/5 25/20 HR'2'13 Section 9- sq.ft. 60 ft. ft. ft. 25/20 ft. 0.40 ft. ft. ft. 0.35 80% 35 ft. 3.301(c)(2). q R00010'" I DLI/acre 40,000 ISO ft. 30 ft. 20 ft. 25 ft. OAS 30 ft. 20 ft. 25 ft. 0.15 75% 35 ft. 9 R 00010'" 2 DLVacre 20,000 s ft00 90 ft. 30 ft. 10 ft. 25 ft. 0.25 30 ft. 10 ft. 25 ft. 0.2S 80% 35 ft RS- 3.5 DLI/acre 10,000 60 ft. 20 ft. 10/5 25 ft. 0.40 20 ft. 10 ft. 25 ft. 0.35 80% 35 ft-- 10,00010'' ft. ft. RS-7,00010'" 5 DU/acre 7,000 60 ft. 20 ft. 5 ft. 20 ft. 0.45 20 ft. 10/5 20 ft. 0.32 80% 35 ft. sq.ft. ft. RS- 8 DLI/acre 4,000 50 ft. 18 ft. 5 ft. 16 ft. 0.50 20 ft. 10/5 20 ft. 0.35 80% 35 ft. 4,00010"1,14 sq.ft. ft. RG- 5 DLI/acre 7,000 60 ft. 20 ft. 10/5 20 ft. 0.45 20 ft. 10/S 20 ft. 0.32 80% 35 ft 7,00010' •'S sq.ft. ft. ft. RG- 8 DLI/acre 4'000 50 ft. 18 ft. 10/0 16 ft. 0.50 20 ft. 10/S 20 ft. 0.35 80% 35 ft--- 4,000'0"i,i4,ls sq.$. ft. ft. RM 10,16 18 DU/acre I acre 150 ft. 30 ft. 20 ft. 20 ft. NA 30 ft. 20 ft. 20 ft. 0.35 80% 35 ft. AF/SH 10,16 2S DLUacre I Notre 150 ft. 30 ft. 20 ft. 20 ft. NA 30 ft. 20 ft. 20 ft. 0.35 80% 35 ft MHP Development standards for mobilehomes shall be per State law. Note:Max.=Maximum,Min.=Minimum,DLI=Dwelling Unit,Yd=Yard,Flr=Floor,Bldg=Building,and Hgt=Height All new residential projects shall incorporate a combination of one and two story units adjacent to all master planned arterial streets,with at least 20 percent of the— total project units being one-stor),. In addition,in the HR District,one and two story structures shall be intermixed to provide a variety of roof lines,building mass,and setbacks and two story structures shall not be located adjacent to project entries or to eadsting single-story residences. 2 Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance if all of the following conditions are met: (a) The lots street frontage remains a minimum of 20 feet; (b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion,which is set back away from the street; (c) The minimum width of the buildable portion of the lot conforms to the requirements of this table;and (d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street frontage parking. The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps.The reduced frontage portion of such lots shall not be included in the computation of lot area(see Section 9-4.31 S Irregular and Cul-de--Sac Lots). City of San Juan Capistrano Land Use Code — 9-3-18 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-2 Development Standards for Residential Districts 3 The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots. 4 The setback forgarages shall maintain the minimum setback for the district. For those residential districts that allow a minimum front yard of 18 feet or less,a minimum setback of 18 feet from the front property line shall be maintained for the garage.If the garage is a side entry,the front yard setback may be reduced to a rninimum of 10 feet. However,in no instance shall side entry garages using this standard,exceed 20 percent of the total units for the residential project. 5 Architectural projections may extend into required side yards no more than 40%of the applicable district requirement,or more than 3 feet whichever is greater. 6 Minimum exterior side yards shall not be less than 10 feet for all districts,except for the HR District,in which the minimum exterior side yard adjacent to the street shall not be less than 15 feet. 7 On lou with an existing building setback encroachment into a required lard,structural additions having the same said encroachments shall be permitted without the approval of a variance.However,no new encroachment in excess of that existing,nor any new encroachment may be permitted without the approval of a variance(see Section 9-3.533 Nonconforming Uses,Lots,and Structures). 8 In the RA,HR,RSE-40,000,RSE-20,000,RS-10,000,RS-7,000,RS-4,000,RG-7,000,RG-4,000,RM,and AF/SH Districts,open patios may extend up to a minimum of 5 feet from rear property lines pursuant to Section 9-3.501 Accessory Uses and Structures. 9 The overall building square footage for the primary structure shall not exceed that using the,floor area ratio. For the purposes of calculating overall square footage,open volume ceilings that include second story area shall be included as square footage as if a second floor has been installed said area shall include garage and enclosed porches. 10 All front,side,and exterior side architectural elevations shall be fully articulated with the integration of details and materials consistent with the approved architectural style of the unit for residential subdivision. Single-family Design Standards:In all districts where single family dwellings(site-built,modular,or manufactured home)are permitted,such dwellings shall be subject to the development standards for that district as well as the following requirements: (a) The minimum width of the residential dwelling shall be 20 feet outside dimension measured to the building line.For the purposes of this section,the width shall be distinguished from the length of the building as the dimension having the lesser measurement. (b) The exterior sides shall be covered with wood,stucco,masonry,or other material of similar texture and durability.Metal siding shall not be permitted. (c) The roof material shall be wood shingle or shake,slate,tile,or other material of similar appearance,texture,substance,and durability. (d) Roof eaves and gables shall be no less than 12 inches,measured from the vertical side of the unit,unless otherwise approved by the Planning Commission. The preceding criteria shall be administered by either the Planning Director or Planning Commission,depending on which is responsible for reviewing specific residential projects or custom homes prior to plan check. HR Design Standards:A residential project in the HR District shall be in compliance with the following: (a) The residential design of the project shall give the appearance of a variety of setbacks. (b) The residential design shall encourage pedestrian use for internal circulation. (c) Existing mature trees shall be preserved to the maximum extent and shall be integrated into the overall design of the project. 13 In the HR District,the minimum front yard setback is 25 feet for 30%of the units and 20 feet for 70%of the units in a project. The minimum backyard setback is 25 feet for 70%of the units and 20 feet for 30%of the units in a project. The minimum side yard setback is 15 feet combined,but not less than 5 feet on one non-exterior side yard. 14 Projects that propose 7,000 square foot lots or less shall provide private common recreational facilities equal to 250 square feet per unit. In addition,the minimum setback from a master planned arterial street shall be 25 feet as measured from the ultimate right-of-way.A homeowner 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 homeowner association 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 the recreational facilities,landscaping,and common areas should the Ci y determine that adequate maintenance is not being performed. rs The RG-7,000 and RG-4,000 Districts allow attached units with zero lot lines. 16 A distance of 20 feet shall be maintained between buildings,including between principal and accessory structures. City of San Juan Capistrano Land Use Code 9-3-19 November I5, 2002 Chapter 9.3 -Zoning Districts and Standards (2) Hillside Residential(HR)Districtdevelopmentstandards. Developmentwithinthe Hillside Residential (HR) District shall comply with the following standards: _ (A) Calculation of total allowable dwelling units. Within the Hillside Residential (HR) District, the total allowable residential dwelling units shall be calculated based -~ on the total land area within each slope category pursuant to subsection (B) of this subsection,below. All land area included within a parcel maybe included in the calculation of total allowable dwelling units, if all land within the parcel is designated for residential development by the Land Use Element of the General Plan. (B) Residential dwelling unit calculations. Using the slope calculation procedure described in subsection(D)of this subsect,!on,the maximum allowable number of residential dwelling units shall be calculated by totaling the maximum number of dwelling units allowed within each slope category as depicted in Table 3-3. Table 3-3 Hillside Residential District Dwelling Unit Calculation !dope Category Dwelling Units per Acre 0-10 percent 100 percent of maximum density for General Plan residential land use designation 1;1-15 percent 90 percent of maximum density for General Plan residential land use designation 16-20 percent 75 percent of maximum density for General Plan residential land use designation 21-25 percent 55 percent of maximum density for General Plan residential land use designation 2.6-30 percent 35 percent of maximum density for General Plan residential land use designation 30-39 percent 10 percent of maximum density for General Plan residential land use designation 40 percent or greater Zero percent of maximum density for General Plan residential land use designation (C) Clustering ofdwelling unit allocations orgraduated lot sizes. Within a tentative map, planned development permit, vested tentative map or any other applicable entitlement, dwelling unit allocations calculated for land areas having slopes in excess of 25 percent shall be transferred to land areas having slopes of less than 25 percent, except no dwelling units shall be allowed on land with less than 25 percent slope on or adjacent to a designated ridgelir.e identified in the Conservation and Open Space Element of the General Plan. When transfers of dwelling unit allocations as described above occur,the resulting minimum lot size for a single- family detached dwelling shall not be less than 10,000 square feet per dwelling unit or unless an exception is granted by the 097 Council. City of San Juan Capistrano Land Use Code _ 9-3-20 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (D) Slope calculation procedure. The following method shall be used to determine the slope of any land within the Hillside Residential (HR) District: The parcel of land shall be divided into subareas or cells of approximately 100 feet by 100 feet (30 meters by 30 meters). Within each cell, the slope shall be calculated by the following formula: S = IxLx100 A where: S = Average ground slope in percent,calculated for each cell to be rounded to the nearest whole number. I = Interval, in feet, of the topographic map contour lines. The contour interval shall be ten (10) feet or less for calculating slope. L.= The sum,in feet,of the length of all contour lines within the cell, at the selected contour interval "I". A = The total area of the cell,in square feet. A cell 100 feet by 100 feet has an area of 10,000 square feet (100 feet x 100 feet = 10,000 square feet). The areas of cells with each slope category shall be combined to identify the total land areas within the parcel within each of the slope categories identified in subsection (B) of this subsection. The maximum allowable number of residential dwelling units can then be calculated as described in subsection (B) of this subsection. (E) Slope map required. All computations for slope and the maximum allowable number of residential dwelling units, including a topographic map, shall be prepared and signed by a registered civil engineer or a licensed land surveyor and submitted to the Environmental Administrator. The topographic map shall have a scale of not less than one (,I) inch to 200 feet and a contour interval of not more than ten (10) feet. This topographic map shall include all adjoining land area within-150 feet of the site boundaries. The map shall depict the slope category of each cell so that cells within the same category are visually recognizable. (F) Hillside grading requirements. The following hillside grading requirements shall apply in the Hillside Residential (HR) District. In reviewing the subdivision and development plans for hillside areas, the Planning Commission shall ensure City of San Juan Capistrano Land Use Code 9-3-21 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards the attainment of the,following objectives: (i) The preservation of natural topographic features and appearances by means of land sculpturing so as to blend any manmade or manufactured slope into the natural topography; - (ii) The preservation of natural topc)graphic features and appearances through restrictions on successive padding and terracing of building sites in hillside areas; (iii) The retention of all designated General Plan ridgelines so as to avoid abrupt changes in grades; (iv) The retention of major natural topographic features, such as canyons, drainage swales, steep slopes, watershed areas, floodplains, view corridors, and scenic vistas; R" (v) The preservation and enhancement of prominent landmark features, such as natural rock outcroppings, prominent trees and plant materials, and other areas of special natural beauty; (vi) The design and arrangement of building sites, utilizing clustered lot designs, and setback variations, so as to limit the extent of grading alterations; -- (vii) The utilization of varying setbacks, building heights, innovative building techniques,and compatible building forms,materials,and colors which serve to blend all buildings into the terrain; (viii) The preservation and introduction. of plant materials so as to protect slopes from soil erosion and slippa€)e and minimize the visual effects of grading and construction on hillside areas; (ix) The introduction and utilization of permanent full coverage irrigation systems adequate to sustain existini;and developed slope plantings and to protect against potential hazards due to fire; (x) The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillsides; (xi) The utilization of contour grading and re-vegetation with natural plant materials for remedial grading associated with the stabilization and -- protection of future residential units; and City of San Juan Capistrano Land Use Code — 9-3-22 November 15, 2002 Chai9ter 9.3 -Zoning Districts and Standards (xii) Overall residential units do not exceed calculations per subsection (B) of this subsection, above. (G) Exceptions. Exceptions to the residential unit allocations as determined by the slope density formula may be considered and approved by the City Council, if it is determined that thefollowing has been integrated into the project's design: (i) The project has minimized landform alteration by its layout and design; (ii) The project has minimized its visual prominence from major views from designated scenic corridors; (iii) The design is unique and blends through the use of structure design and finish materials and colors with its natural setting; and (iv) The design of the project maximizes the amount of natural open space, while ensuring the long-term safety of residents and improvements. (H) Non-applicability. The development standards and requirements set forth in this subsection,upon a determination of the Environmental Administrator,shall not apply to those specific developments or applications involving site preparation for one or more of the following types of projects: (i) A single-family dwelling unit and accessory buildings on a single parcel of record on date of the adoption of this Title; (ii) Two (2) or more residential dwelling units and accessory buildings on a single parcel wherein the minimum average amount of land area per dwelling unit equals ten (10) acres or more; (iii) The use, development, or alteration of land, including the projects set forth in subsections (i) and (ii) of this subsection, wherein less than ten (10) percent of the surface area of the land is to be graded or where grading operations involve less than 5,000 cubic yards of dirt; and/or (iv) The property is part of a subdivision application that was subject to the provisions of this section and has previously been reviewed and approved by the City Council. Applications for a determination of non-applicability as set forth in this subsection shall be made to the Environmental Administrator. The applicant shall submit a written request and such data or plans as may be required by the Environmental Administrator to render a decision in accordance with the City of San Juan Capistrano Land Use Code 9-3-23 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards provisions of this subsection. A determination of non-applicability from the standards or requirements of this section shall be granted only if the - Environmental Administrator finds that the development plans meet the development requirements set forth in this subsection and that the development of the land in questions will serve to comply with the purposes and objectives of the Hillside Residential (HR) District. (3) Multiple family development requirements. Thefollowingdevelopment requirements shall apply in the Multiple-Family (RM) and Affordable Family/Senior Housing (AF/SH) Districts: (A) Recreational facilities. Residential developments shall provide outdoor recreational facilities for the residents of the development. Such facilities may - include swimming pools and cabanas, tennis and volleyball courts, open playing fields, children's play equipment, and similar facilities. (B) Management agencies.A management agency shall be created to maintain all the recreational facilities and landscaping and to assume other responsibilities as appropriate. The organization shall be set forth in a set of provisions to be approved by the Planning Commission. Management agencies shall be responsible for assuring that the development complies with the maintenance standards per Title 8 of this Municipal Code. (d) Development review 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-Family-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),Multiple- Family(RM),Affordable Family/Senior Housing(AF/SH),and Mobilehome Park(MHP) Districts shall be subject to applicable review procedures as set forth in Article 3 Development Review Procedures of Chapter 2 of thus title. (e) Supplementary district and temporary use regulations 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- Family-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), Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), and Mobilehome :Park (MHP) Districts, see Article 5 Supplemental District Regulations of this chapter. City of San Juan Capistrano Land Use Code 9-3-24 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (f) Environmental overlay standards Standards related to management of project effects on sensitive natural resources (i.e. floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Overlay Districts of this chapter. Sec. 9-3.303 Commercial Districts (a) Purpose and intent The following four commercial districts have been established for the following purpose and intent: (1) Tourist Commercial (TC) District. The purpose and intent of the Tourist Commercial (TC) District is to provide for small-scale retail and service uses within the area immediately adjacent to the Mission San Juan Capistrano which would serve tourists as well as residents. Development projects in the Tourist Commercial (TC) District should be designed to reflect the — Spanish heritage and semi-rural character of the community and be compatible with the historic significance of the downtown (especially Mission San Juan Capistrano). (2) Neighborhood Commercial (NC) District. The purpose and intent of the Neighborhood Commercial (NC) District is to provide for small-scale, convenience retail shopping facilities at the neighborhood level located in accordance with the General JIlan and encourage the compatible integration of small-scale,shopping centers into the neighborhood area which it serves. (3) General Commercial (GC) District. The purpose and intent of the General Commercial (GC) District is to provide for a wider range of commercial land uses than those permitted in the Tourist Commercial (TC) District and Neighborhood Commercial (NC) District in order to accommodate most of the retail and service needs of the residents of the City. (4) Office Commercial (OC) District. The purpose and intent of the Office Commercial (OC)District is to provide for the development of office centers and accessory retailing and service uses to permitted office uses; and provide for the small-scale development of office complexes and individual buildings which can be located so as to be compatible with adjacent properties. City of San Juan Capistrano Land Use Code 9-3-2S November 15, 2002 Chapter 9.3 -Zoning Districts and Standards ' (b) Uses regulations (1) Table 3-4 identifies the uses permitted in the Tourist Commercial (TC), Neighborhood Commercial (NC), General Commercial (GC), and Office Commercial (OC) Districts. - (2) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.317 Conditional Use Permit. Accessory uses are subject to the review requirements and conditions contained in Section 9-3.501 Accessory Uses and Structures. (3) The "notes and exceptions"column of Table 3-4 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions - must be reviewed in conjunction with the other information for the class of use. (4) Certain permitted uses and conditionally permitted uses may be subject to special A conditions regarding location,operation,or the design of the use. The sections of this title governing these uses are identified in the "notes and exceptions" column of Table 3-4. City of San Juan Capistrano Land Use Code 9-3-26 November 15, 2002 Chajnter 9.3 -Zoning Districts and Standards Table 3-4 Uses in Commercial Districts (please refer to end of table for notes) Use TC NC GC OC Notes and Exceptions Alcoholic beverage retail sale C C C -- Sale for off-premise consumption. (including wine tasting) Ambulance services -- -- C -- Automated teller machines A A A A Bed and breakfasts C C C C Subject to,Section 9-3.509 Bed and Breakfasts. Bookbinding -- -- C -- Car washes -- -- C -- Permitted only in conjunction with fuel dispensing (automatic) stations in compliance with Section 9-3.541 Service and Fuel Dispensing Stations. Caretaker residences -- -- A -- Subject to Section 9-3.511 Caretaker Residences. (permanent) Caretaker residences A A A A Subject to Section 9-3.553 Temporary Uses and (temporary) Structures. Cemeteries C C C C Child day care centers -- C C -- Clubs and lodges -- -- P -- (private) Convenience services P P P -- Such as dry-cleaners,laundromats,barber shops, beauty shops, manicure shops,mail services, home appliance repairs, bicycle repair, tailor shops, --- photography studios,ticket agencies,watch repair, locksmiths, pet grooming, and similar uses. Dancing and live entertainment C -- C -- -- Eating and drinking P P P A establishments Financial services uses -- P P P a. Includes banks, savings and loan associations, and credit unions. b. For GC District-Excludes check cashing facilities. Finishing or working of jewelry, A -- -- -- leather goods,pottery,and similar items (small-scale) Fuel dispensing station -- -- C -- In accordance with the provisions of Section 9- 3.541. Game machines A -- A -- (three[3] or fewer) Game machine centers(more than -- -- C -- three [3]) Gasoline or Fuel Dispensing Facilities -- C C -- May have a Mini-Mart or Food Convenience Store. ,Hospitals -- -- C -- Hotels and motels C -- C -- City of San Juan Capistrano Land Use Code 9-3-27 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-4 Uses in Commercial Districts — (please refer to end of table for notes) Use TC NC GC OC Notes and Exceptions Massage therapy C -- C C As defined in Section 5-24.02 of this Municipal Code. Massage therapy C -- A -- As defined in Section 5-24.02 of this Municipal (accessory) Code. Medical and dental offices P P P P A maximum of three(3) such offices per development. Medical and Dental Centers and -- -- P P Complexes Mining,oil drilling,and other C C C C Includes necessary incidental buildings and resource extraction appurtenances. .Mortuaries -- -- C -- Office uses P P P P Includes business,professional,real estate, travel _ (general) agencies, and similar office uses. .Parking lots P A P A (commercial and public) :Pet stores -- -- P -- ,Pool halls and billiard centers -- -- C -- Public buildings and facilities P P P P a. Includes museums, libraries,governmental buildings,parks,public utility offices and exchanges, bus,taxicab,and railroad stations, and tourist information centers. b. For TC,NC and OC Districts-Excludes public schools, police stations, fire stations, and hospitals. c. For GC District-Includes police stations and fire stations. Radio and television towers and C C C C Subject to Section 9-3.507 Antennas. - installations,radar installations, microwave relay stations, and cellular towers and installations (commercial) -- Recreation and leisure uses -- -- P C Includes bowling lanes, ice and roller skating (without outdoor facilities) rinks,theaters,athletic/health clubs. Recreational uses -- -- C -- Includes night lighting for such facilities, such as (requiring outdoor facilities) tennis clubs, in compliance with Sections 9-3.501 Accessory Uses and Structures and 9-3.529 Lighting Standards; Recycling facilities P P P P Subject to Section 9-537 Recycling Facilities. Section 9-537 Recycling Facilities identifies the specific allowed recycling uses. Religious, fraternal,or service C C C C Includes churches, temples, synagogues, organizations monasteries, religious retreats,and other places of (non-profit) religious worship and other fraternal and communk service organizations. City of San Juan Capistrano Land Use Code _ 9-3-28 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-4 Uses in Commercial Districts (please refer to end of table for notes) Use TC NC GC OC Notes and Exceptions Research and development -- -- -- P Includes research and development of computer software, :information systems, communication systems,transportation,geographic information systems, multi-media and video technology. Development and construction of proto-types may be associated with this use. Residential dwellings C -- C C Shall be in conjunction with a commercial (townhouse or apartment) establishment or use. Retail sales P P P -- a. For TC District-Including sale of,apparel, (general) fabric, dry goods,ornamental plants, flowers, candy,baked goods, hobby supplies, art and craft:applies,photography supplies, stationery, newspapers, magazines, and similar items which require small-scale retail outlets which are consistent with a pedestrian shopping environment. T b. For INC District-Retail sales of meats, groceries,baked goods,pharmaceutical, cosmetics, notions, flowers,jewelry, stationery, apparel, newspapers, magazines, fabrics,computers,video/audio media and similar retail sales activities which serve neighborhood residential areas. Retail sales P -- P -- Such as the sale of artwork,photography, (small scale) antiques, curios,gifts, novelties, books,jewelry, leather goods,pottery,and similar items. Retail sales -- -- -- A a. Includes office cafeterias,delicatessens,snack (small-scale accessory) bars,pharmacies, newsstands,mail services, and other small-scale accessory retail uses. — b. May be permitted outdoors as set forth in Section 9-3.549 Storage and Display. Retail sales -- C P -- a. For NC District-Includes groceries,meats, (large-scale) bakers, auto parts supplies,bicycles, hardware,paint, floor and wall covering materials,pets, and sporting goods. b. For GC District-Includes the sales of bicycles, furniture,home appliances, groceries, meats,musical instruments and supplies, hardware,paint, sporting goods, cosmetics,pharmaceutical,feed and grain, nurseries,and floor and wall covering materials Secondhand stores -- -- P -- Prohibited activities shall be those uses defined as secondhand dealers,pawnbrokers, and coin- currency dealers by Section 5.18 of the Municipal Code. City of San Juan Capistrano Land Use Code 9-3-29 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-4 Uses in Commercial Districts (please refer to end of table for notes) Use TC NC GC OC Notes and Exceptions -- Schools P -- P P a. Includes secretarial, art, dance, drama, and (business,vocational,and music schools. professional schools not requiring outdoor facilities) b. Excludes swimming schools,preschools, and public and private primary and secondary schools. Storage and display A A A -- Subject to Section 9-3.549 Storage and Display. - (outside) Taverns and brewpubs C -- C -- Taxi-cab services -- -- C -- heaters P -- P -- (walk-in) Veterinary offices and clinics -- C C C 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) (c) Development standards Table 3-5 identifies the development standards for the Tourist Commercial (TC), Neighborhood Commercial (NC), General Commercial (GC), and Office Commercial (OC) Districts. City of San Juan Capistrano Land Use Code — 9-3-30 November 15, 2002 Chajrter 9.3 -Zoning Districts and Standards Table 3-5 Development Standards for Commercial Districts Min. One Story Two Story Floor Area Ratio — — Min. Street Min. Min. Min. Min. Min. Min. 1 st FIr/ %2nd Lot Front- Front Side Rear Front 'gide Rear Lot Flr to Bldg District Area age' Yd2 Yd2,3 Yd2,4 Yd 1(d2,3 Yd2,4 Area I st Flr Hgt TCS sq 00 60 ft. 0 ft. 0 ft. 0 ft. 0 ft. oft. 0 ft. 0.75 80% 25 ft. NCS 5 150 ft. 20 ft. 10 ft. 20 ft. 20 ft. 20 ft. 20 ft. 0.25 50% 35 ft. acres GCS sq.00 60 ft. 20 ft. 5 ft. 20 ft. 20 ft. 1.0 ft. 25 ft. 0.40 25% 35 ft. OCs 1 acre 60 ft. 20 ft. 5ft. 1 20 ft. 20 ft. 10 ft. 20 ft. 0.30 80% 35 ft. -- Note: Min.=Minimum, DU=Dwelling Unit,Yd=Yard, Flr=Floor, Bldg=Building,and Hgt=Height ' Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance if all of the following conditions are met: - (a) The lot's street frontage remains a minimum of 20 feet; (b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion, which is set back away from the street; (c) The minimum width of the buildable portion of the lot conforms to the requirements of this table;and (d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street frontage parking. The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lou shall not be included in the computation of lot area (see Section 9-4.315 Irregular and Cul-de-Sac Lots). 2 The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots. 3 Architectural projections may extend into required side yards no more than 40%of the applicable district requirement,or more than 3 feet whichever is greater. 4 On lots with an existing building setback encroachment into a required rearyard, structural additions having the same said encroachments shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-3.353 Nonconforming Uses, Lots, and Structures). 5 Design Standards (a) All development and redevelopment in the Tourist Commercial(CT), Neighborhood Commercial (NC), _ General Commercial (GC), and Office Commercial (OC) Districts shall conform to the following standards: (1) General. Development shall comply with the design principals in the General Plan Community Design Element-, (2) Architectural design. Projects shall comply with the applicable policies of the City's adopted Architectural Design Guidelines; (3) Prohibited features. Features which detract from the architectural design including, but not limited to, paint-on facades, super graphics, and structures which visually dominate historic sites or buildings shall be prohibited. (b) Thefollowing requirement shall also apply in the Neighborhood Commercial (CN) District: (1) Scale. Neighborhood centers will be scaled to serve the residential neighborhoods which adjoin and would be served by them.Buildings shall be arranged in pedestrian-oriented, clusters of shops as opposed to arranged in a single linear structure. City of San Juan Capistrano Land Use Code 9-3-31 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (d) Development review Projects proposed within the Tourist Commercial(TC),Neighborhood Commercial(NC), General Commercial (GC), and Office Commercial (OC) Districts shall be subject to applicable review procedures as set forth in Article 3 Development Review Procedures of _ Chapter 2 of this title. (e) Supplementary district and temporary use regulations For sign, parking, fence, swimming pool, and similar regulations for the Tourist _ Commercial (TC), Neighborhood Commercial (NC:), General Commercial (GC), and Office Commercial (OC)Districts,see Article 5 Supplemental District Regulations of this chapter. — (f) Environmental overlay standards Standards related to management of project effects on sensitive natural resources (i.e. floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Overlay Districts of this chapter. Spec. 9-3.305 Industrial Districts (a) Purpose and intent The following three industrial districts have been established for the following purpose and intent: (1) Commercial Manufacturing (CM) District The purpose and intent of the Commercial :Manufacturing (CM) District is to provide for a wide range of commercial user,, primarily of a non-retail nature, wholesaling, limited manufacturing, and indoor recreational uses. (2) Industrial Park (IP) District The purpose and intent of the Industrial Park (IP) District is to: (A) Provide areas,designated in the General Plan,for the development of industrial parks; (B) Provide for high quality physical developments within industrial parks by requiring comprehensive planning and the:coordination of building design and location,landscaping, parking, interior circulation, and other facilities; City of San Juan Capistrano Land Use Code _ 9-3-32 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (C) Allow for certain commercial and service uses within such industrial parks which uses are related to the permitted industrial uses or which may serve the employees of the industrial establishments during the normal workday; and (D) Limit the physical effects of the permitted industrial activities, such as the emission of air contaminants, noise, glare, run-off of pollutants, and other such effects which could be harmful to life or other nearby property. (3) Agri-Business (A) District The purpose and intent of the Agri-Business (A) District is to implement the General Plan provisions for the use of land for agricultural activities. (b) Uses regulations (1) Table 3-6 identifies the uses permitted in the Commercial Manufacturing (CM), Industrial Park (IP), and Agri-Business (A) Districts. (2) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.317 Con&ttional Use Permit. Accessory uses are subject to the review requirements and conditions contained in Section 9-3.501 Accessory Uses and Structures. (3) The "notes and exceptions"column of Table 3-6 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use. (4) Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location,operation,or the design of the use. The sections of this title governing these uses are identified in the "notes and exceptions" column of Table 3-6. Table 3-6 Uses in Industrial Districts (please refer to end of table for notes) Use CM I IP A Notes and Exceptions Accessory uses incidental to the A A A Includes cafeterias, snack bars, delicatessens, industrial operation of a permitted use products showrooms, conference rooms,business and professional offices, training classrooms, and caretakers' residences. City of San Juan Capistrano Land Use Code 9-3-33 November 15,2002 Chapter 9.3 -Zoning Districts and Standards Table 3-6 Uses in Industrial Districts (please refer to end of table for notes) '[.Ise CM IP A Notes and Exceptions Adult-oriented business P P -- a. Subject to the provisions of Title 5, Chapter 27, and Section 9-3.503 Adult Oriented Businesses. b. Sale of alcoholic beverages in conjunction with a permitted adult-oriented business shall be prohibited. Ambulance services P -- -- Animal grazing,breeding, -- -- P a. Includes, but is not limited to,cattle, sheep,goats, boarding, raising,and training and horses. b. Excludes hog production,commercial livestock feeding ranches,commercial dairies,commercial horse stables and equestrian centers,commercial kennels,and the commercial slaughtering, dressing, or sale of livestock, fowl, or other animals. Animal shelters -- C -- Apiaries __ __ p Automobile parts and supply stores and P -- -- See repair uses and services service uses Automobile service stations C -- -- Bed and breakfasts C C C Subject to Section 9-3.509 Bed and Breakfasts. Broadcasting studios P P -- Cabarets and nightclubs C -- -- Caretaker residence A A A Subject to Section 9-3.553 Temporary Uses and (temporary) Structures. Car wash C -- -- Cemeteries C C C C-hill day care centers C C C Clubs and lodges P (private) Collection and recycling of paper, C C C Excludes junkyards and auto salvage. glass,and other materials Compounding,processing, P P -- a. Includes candy,cosmetics,pharmaceuticals, food, packaging, and treatment of and beverages. products b. Excludes the rendering or refining of fats and oils. Lancing and live entertainment P -- -- Egg production and sales and the -- -- P Subject to theffollowing requirements: production of chickens,poultry, 1. Any poultry,pigeon, rabbit, or other animal- pigeons,and other fowl, and the raising building or enclosure shall be located a production of rabbits minimum of 300 feet from any existing residential building not on the premises; and 2. The slaughtering or dressing for sale of poultry, pigeons, or rabbits shall be permitted only if they are produced,raised, or fattened on the _ premises. City of San Juan Capistrano Land Use Code 9-3-34 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards Table 3-6 Uses in Industrial Districts (please refer to end of table for motes) Use CM IP A Notes and Exceptions Eating and drinking P P -- Such as restaurants,delicatessens, ice cream parlors, establishments cocktail lounges,and taverns. Educational and cultural programs -- -- A Shall be of a temporary nature and prior approval of a special events permit in accordance with Section 9-3.547 Special Activities. Employee quarters -- -- A Must be of a permanent character placed in permanent - (detached) locations. Farming -- -- P a. Includes all types of agriculture and horticulture. b. Excludes farms operated publicly or privately for the disposal of garbage,sewage,rubbish, or offal. Financial services uses P -- -- Includes banks, savings and loan associations, and credit unions. Fortune-telling P __ -_ Foundry casting -- C -- Game machines A -- -- 3 or less game machines if such machines are accessory to a (3 or less) permitted principal use in the district. Game machines C -- -- (more than 3) ,Home businesses -- -- A Subject to Section 9-3.523 Home Business. Horse stables and equestrian -- -- C Subject to Section 9-3.515 Equestrian Standards. centers (commercial) ,Hospitals C Motels and motels P Kennels -- C A Subject to Section 9-3.525 Kennels. (noncommercial) Kennels -- C C Subject to Section 9-3.525 Kennels. (commercial) Manufacturing, assembly,testing, P P -- Includes,but its not limited to: repair,and research on 1. Semiconductors,and similar components; components, devices, equipment, 2. Computer hardware and software; and systems of an electrical, 3. Metering instruments,equipment,and systems; electronic, or electromechanical 4. Audio equipment; nature S. Radar, infrared,laser, and ultraviolet equipment and systems; 6. Scientific and mechanical instruments; and 7. Television and radio equipment and systems. Manufacturing and assembly of P P -- Such items maybe made from bone, cellophane,fiber, retail and wholesale items to a fir,glass,latex, ceramics,pottery,lead,leather, metal, finished product paper, plastics, wood, or yarn. Medical and dental offices P -- -- Medical centers and complexes allowed. Mining, oil drilling,and other C C C Includes necessary incidental buildings and resource extraction appurtenances. City of San Juan Capistrano Land Use Code 9-3-35 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-6 Uses in Industrial Districts (please refer to end of table for notes) Use CM IP A Notes and Exceptions Mobilehomes and modular homes on a -- -- A Both shall be subject to state regulations governing permanent foundation system development standards. Mortuaries C -- -- Motorcycle sales and services P -- -- Nonprofit medical clinics C C -- Nurseries,greenhouses, and plant P -- P Including greenhouses,hydroponic gardens, and similar storage facilities. (resale and wholesale) Offices P -- -- Includes business,professional,real estate, travel (general) agencies, and similar office uses. Offices P P -- Includes offices which do not regularly provide services (large) or conduct business with.the general public,such as corporate offices. Packing plants for whole -- -- C Excludes food processing. agricultural products .Parking lou P P -- (commercial and public) Pottery and ceramics manufacture C -- -- Produce stands -- -- A a. To be used for the sales of agricultural products (temporary) produced.on the premises. b. Subject to the,following: 1. Such stands shall not be located closer than 20 feet from any street right-of-way; 2. Such stands shall be of wood frame type construction;and 3. The accessory signs used to identify the use shall be located on or adjacent to such stands as set forth in Section 9-3.543 Signs. :Public buildings and facilities P P -- a. For CM District-Includes public utilities offices and exchanges, museums, libraries,governmental buildings,parks, bus, taxicab, and railroad stations, tourist information centers, including police and fire - stations, but excludes schools and hospitals. b. For IP District-Excludes public schools,police stations,fire stations, and hospitals. Publishing and bookbinding P P -- Radio and television towers and C C C Subject to Section 9-3.507 Antennas. installations, radar installations, - microwave relay stations,and cellular towers and installations (commercial) G,.ty of San Juan Capistrano Land Use Code 9-3-36 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-6 - Uses in Industrial Districts (please refer to end of table for notes) Use CM IP A Notes and Exceptions Recreational uses C -- -- a. Such as tennis clubs,provided the requirements of (requiring outdoor facilities) Sections 9-3.501 Accessory Uses and Structures and 9-3.529 Lighting Standards are met. b. Outdoor:night lighting for such recreational uses, other than parking lot or security lighting, shall not be permitted unless included within the conditional use permit approval.All night lighting, for any purpose, shall conform to the requirements of 9- 3.529 Lighting Standards. Recreation and leisure uses C -- Includes uses such as game machine arcades,pool and (not requiring outdoor facilities) billiard centers, bowling lanes, ice and roller skating rinks,theaters (excluding drive-ins), athletic clubs,and health clubs. Recreational vehicle and C -- -- automobile storage Recycling facilities P P P Subject to Section 9-3.537 Recycling Facilities. Section 9-3.537 Recycling Facilities identifies the specific allowed recycling uses, Religious, fraternal,or service C C C Includes churches, temples, synagogues,monasteries, organizations religious retreats, and other places of religious worship (non-profit) and other fraternal and community service organizations. Repair uses and activities P P -- Includes vehicle repairs and boat maintenance repairs, muffler,brakes,and transmission repairs. All such activities must take place within a building and no related outside storage is allowed. Research and development P P -- Includes research and development of computer software, information systems,communication systems, transportation.,geographic information systems, multi- media and video technology. Development and construction of proto-types may be associated with this use. Residential dwelling -- -- A One principal residential dwelling per lot as an accessory use (single-family) to a principal use. Retail sales of carpeting,furniture, C -- -- a. The premises in question shall meet all the parking and home appliances requirements set forth in Section 9-3.535 Parking for such retail sales. b. No displays of merchandise shall be visible from Interstate S. Schools P -- -- a. Includes secretarial, art, dance,drama,and music (business,vocational, and schools. I schools not requiring outdoor facilities) b. Excludes swimming schools,preschools, and public and private primary and secondary schools. ',secondhand stores C -- -- City of San Juan Capistrano Land Use Code 9-3-37 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-6 Lases in Industrial Districts (please refer to end of table for notes) Use CM IP A Notes and Exceptions Service uses P C -- a. Includes pest control services,linen and diaper supply,catering services,printing and reproduction shops, computer and data processing centers, plumbing services, and electrical services. b. Services shall not require extensive on-site customer access. Storage and display P A -- Subject to Section 9-3.549 Storage and Display. 'outside) 'Topsoil or fill dirt -- -- C (processing and/or sales of) Upholstering shops P P -- All such activities must take place within a building and no related outside storage is allowed. Vehicle sales, rental, and leasing P C -- Including automobiles,trucks,recreation vehicles, boats, uses and personal water craft. Vehicle storage C C -- Excludes junk yards or automobile salvage. Veterinary offices and clinics C C -- Warehousing, storage, and P P -- Such as cold storage plants, trucking firms, and beverage transfer uses distributors,provided such uses have less than 50,000 square feet of floor area. Warehousing,storage, and C C -- Such as cold storage plants, trucking firms, and beverage transfer uses distributors, containing 50,000 square feet of floor area or more. Wholesaling of products P P -- Such as electrical supplies,plumbing supplies,hospital and sickroom supplies,plate glass,and mirrors. Yard storage for construction -- C -- materials 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) (c) Development standards Table 3-7 identifies the development standards for the Commercial Manufacturing (CM). Industrial Park (IP), and Agri-Business (A) districts. City of San Juan Capistrano Land Use Code 9-3-38 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-7 Development Standards for Industrial Districts One Story Two Story Floor Area Ratio Min. Min. Street Min. Min. Min. Min. Min. Min. 1 st Flr/ %2nd Lot Front- Front Side Rear Front Side Rear Lot Flr to Bldg District Area age' Yd2 Yd2,3 Yd2,4 YdZ Yd2,3 Yd2,4 Area 1 st Flr Hgt CM 7,200 60 ft. 20 ft. 5 ft. 25 ft. 20 ft. 10 ft. 25 ft. 0.30 75% 35 ft. sq.ft. 15,00 IP 0 100 ft. 20 ft. 10 ft. 20 ft. 20 ft. 10 ft. 20 ft. 0.30 75% 35 ft. sq.ft. - A 10.0 200 ft. 150 ft. 20 ft. 50 ft. 150 ft. 20 ft. 50 ft. 0.10 75% 35 ft. acres Note: Min.=Minimum, DU=Dwelling Unit,Yd=Yard, Flr=Floor, Bldg=.Building, and Hgt=Height ' Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance if all of the following conditions are met: (a) The lot's street frontage remains a minimum of 20 feet; (b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion, which is set back away from the street; (c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and (d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street frontage parking. The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315 Irregular and Cul-de-Sac Lots). 2 The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots. 3 Architectural projections may extend into required side yards no more than 40%of the applicable district requirement,or more than 3 feet whichever is greater. 4 On lots with an existing building setback encroachment into a required rearyard,structural additions having the same said encroachments shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-3.533 Nonconforming Uses, Lots, and Structures). (d) Operational standards Thefollowing operational standards shall apply in the Commercial Manufacturing(CM)and Industrial Park (IP) Districts; (1) The following effects shall not be permitted to emanate beyond the boundaries of the premises upon which such use is located: (A) Objectionable noise,per Section 9-3.531. Noise Standards and the generation of heat or cold, direct or reflected glare, or odors or vibrations detectable by the human senses without the aid of instruments; City of San Juan Capistrano Land Use Code 9-3-39 November 15, 2002 Cha�Dter 9.3 -Zoning Districts and Standards Sec. 9-3.307 Public and Institutional (P&I) District (a) Purpose and intent The purpose and intent of the Public and Institutional (P&I) District is to: _ (1) Accommodate the wide range of major public and quasi-public institutional and auxiliary uses established in response to the health,safety,educational,and cultural needs of the City; and (2) Encourage the assembly of specific public, quasi-public, and related facilities into efficient,functionally-compatible,and attractively-designed administrative centers, educational institutions, and similar complexes, located and maintained in conformance with the General Plan. (b) Uses regulations (1) Table 3-8 identifies the uses permitted in the Public and Institutional (P&I)District. (2) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are subject to the review requirements and conditions contained in Section 9-3.501 Accessory Uses and Structures. (3) The "notes and exceptions"column of Table 3-8 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use. (4) Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location,operation,or the design of the use. The sections of this title governing these uses are identified in the "notes and exceptions" column of Table 3-8. City of San Juan Capistrano Land Use Code 9-3-41 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-8 Lases in Public and Institutional (P&.I) District (please refer to end of table for notes) Use P&I Notes and Exceptions Bed and breakfasts C Subject to Section 9-3.509 Bed and Breakfasts. Bingo parlors P Shall be conducted in accordance with Title 5, Chapter 4,and conducted by nonprofit groups operated exclusively for religious, charitable, scientific,literary,or educational purposes. Caretaker residences A Subject to Section 9-3.511 Caretaker Residences and Section 9- (temporary and permanent) 3.553 Temporary Uses and Structures. Cemeteries C Clubs and lodges C (private, nonprofit) Cultural and exhibition centers P Includes auditoriums, theaters, and convention halls. (public and private) - Educational uses C Includes colleges,universities,elementary and high schools, business, (private) vocational,and professional.schools including art,barber,beauty, dance, drama,music, and swimming schools,child day care centers, preschools,and nursery schools. Health-related institutional uses C Includes assisted care facilities, convalescent and nursing homes, homes for the aged,children's homes,sanitariums, and hospitals. alining,oil drilling, and other C Includes necessary incidental buildings and appurtenances. resource extraction \lortuaries C Public buildings and facilities P Includes museums,libraries,government buildings,parks,public utility offices and exchanges, bus,taxicab, and railroad stations, police stations, and fire stations. Radio and television towers and C Subject to Section 9-3.507 Antennas. installations,radar installations, microwave relay stations, and cellular towers and installations ('commercial) Recreational facilities A a. Facilities shall be incidental to a permitted principal or (public and private) comparable mobilehome park and must 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 such recreational uses shall not be permitted unless a conditional use permit is approved by the City. Recycling facilities P Subject to Section 9-3.537 Recycling Facilities. Section 9-3.537 Recycling Facilities identifies the specific allowed recycling uses. Religious, fraternal,or service C Includes churches, temples, synagogues, monasteries, religious organizations retreats,and other places of"religious worship and other fraternal (non-profit) and community service organizations. - City of San Juan Capistrano Land Use Code 9-3-42 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards Table 3-8 Lases in Public and Institutional (P&.I) District (please refer to end of table for notes) Use M Notes and Exceptions Retail and service uses A a. Shall be incidental to and integrated with a permitted principal use subject to not more:than 20%of total building area. b. Includes and is generally limited to: 1. Banks, savings and loan institutions,and credit unions; 2. Barber and beauty shops; 3. Book stores; 4. Concession stands, such as news and shoeshine; 5. Drugstores; 6. Florists; 7. Gift and souvenir shops; 8. Offices of nonpro:Fit and civic organizations;and 9. Restaurants and other eating establishments,except drive- in and drive-thru types. 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) (c) Development standards Table 3-9 identifies the development standards for the Public and Institutional(P&I)District. City of San Juan Capistrano Land Use Code 9-3-43 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-9 Development Standards for the Public and Institutional (P&I) District One Story Two Story Floor Area Ratio Min. Min. Street Min. Min. Min. Min. Min. Min. 1 st Flr/ %2nd Lot Front- Front Side Rear Front Side Rear Lot Flrto Bld District Area age' Yd Yd2,3 Yd2,4 Yd2 Yd2,3 Yd2A Area 1 st Flr Hgt P&I 7,200 60 ft. 20 ft. 5 ft. 20 ft. 20 ft. 10 ft. 20 ft. 0.40 80% 35 ft. sq.ft. - Note: Min.=Minimum, DU=Dwelling Unit,Yd=Yard, Flr=Floor, Bldg=Building, and Hgt=Height Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance if all of the following conditions are met: (a) The lot's street frontage remains a minimum of 20 feet; (b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion, which is set back away from the street; (c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and (d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street frontage parking. The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315 Irregular and Cul-de-Sac Lots). Z The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots. 3 Architectural projections may extend into required sideyards no more than 40%of the applicable district requirement, or more than 3 feet whichever is greater. 4 On lots with an existing building setback encroachment into a required rearyard, structural additions having the same said encroachments shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-3.533 Nonconforming Uses, Lots, and Structures). -- S The PlanningCommission may approve architectural projections res towers and the like) to exceed the maximum - Y PP (spires,P I ( P� > height limitations during the consideration of specific development plans. The consideration of allowing the architectural projection shall require the Planning Commission to review the development plans to insure that the following design objectives are present: (a) The architectural projection is consistent with the proposed design theme. (b) The architectural projection is in scale with the mass of the building. (c) The architectural projection is consistent with the historical treatment of such elements and the proposed use of the building. (d) The square footage area of the architectural projection does not encompass more than one percent of the total building area. (e) The architectural projection does not have a sign or other attracting device installed on its face. (f) The architectural projection does not include habitable square footage. (d) Development review Projects proposed within the Public and Institutional (P&I) District shall be subject to applicable review procedures as set forth in Article 3 'Development Review Procedures of Chapter 2 of this title. City of San Juan Capistrano Land Use Code 9-3-44 November 15, 2002 Chapter 9.3 -Zoning,Districts and Standards (e) Supplementary district and temporary use regulations For sign, parking, fence, swimming pool, and similar regulations for the Public and Institutional(P&I)District,see Article 5 Supplemental District Regulations of this chapter. (f) Environmental overlay standards Standards related to management of project effects on sensitive natural resources (i.e. floodplains, ridgelines, etc.) shall be as set forth .in Article 4 Environmental Overlay Districts of this chapter. Sec. 9-3.309 ®pen Space Districts (a) Purpose and intent Thefollouing eight open space districts have been established for thefollovdng purpose and intent: (1) General Open Space (GOS) District The purpose and intent of the General Open Space (GOS) District is to provide for the possible combined development of several of the uses or the individual development of one of the uses specifically allayed by the other open space districts in accordance with the General Plan. (2) Open Space Recreation (OSR) District The purpose and intent of the Open Space Recreation (OSR) District is to provide for the provision of outdoor recreational facilities in accordance with the General Plan. (3) Neighborhood Park (NP) District The purpose and intent of the Neighborhood Park (NP) District is to provide for well distributed small neighborhood parks to serve residential areas in the immediate area in accordance with the General Plan. (4) Community Park (CP) District The purpose and intent of the Community Park:(CP)District is to provide for major active recreation sites in accordance with the General Plan. City of San Juan Capistrano Land Use Code 9-3-45 November IS, 2002 Chapter 9.3 -Zoning Districts and Standards (5) Specialty Park (SP) District The purpose and intent of the Specialty Park (SP) District is to provide for unique or specialized forms of recreational activities in accordance with the General flan. (6) Regional Park (RP) District The purpose and intent of the Regional Park: (RP) District is to provide for the future use of the Prima Deshecha landfill as phases are closed and available for active and passive recreational development in accordance with the General Plan. (7) Natural Open Space (NOS) District The purpose and intent of the Natural Open Space (NOS) District is to provide for natural open space land that separates developed areas from one another,preserves natural features like creeks, ridgelines, or hillsides, or includes natural hazards like landslides in accordance with the General Plan. (8) Recreation Commercial (RC) District The purpose and intent of the Recreation Commercial (RC) District is to provide for indoor and outdoor recreational activities in accordance with the General Plan. (b) Lases regulations (1) Table 3-10 identifies the uses permitted in the General Open Space (GOS), Open Space Recreation (OSR), Neighborhood Park (NP), Community Park (CP), Specialty Park(SP),Regional Park(RP),Natural Open Space(NOS),and Recreation Commercial (RC) Districts. (2) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are - subject to the review requirements and conditions contained in Section 9-3.501 Accessory Uses and Structures. (3) The "notes and exceptions"column of Table 3-10 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use. (4) Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location,operation,or the design of the use. The sections of this title governing these uses are identified in the "notes and exceptions" column of Table 3-10. _ City of San Juan Capistrano Land Use Code 9-3-46 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-10 Uses in Open Space Districts (please refer to end of table for notes) Use GOS OSR NP CP SP RP NOS RC Notes and Exceptions Accessory uses and structures A A A A A A A A incidental to the operation of a permitted use Archery range C C -- -- -- C -- C Bed and breakfasts C C C C C C C C Subject to Section 9-3.509 Bed and Breakfasts. Beer,wine, and liquor -- C -- -- -- -- -- C licenses, on-sale, for alcohol consumed on premises Camping facilities -- P -- -- -- P — Caretaker residences A A A A A A A A Subject to Section 9-3.511 (temporary and permanent) Caretaker Residences and Section 9-3.553 Temporary Uses and Structures. a Cemeteries C C C C C C C C Concession stands A A -- A A A -- A Dancing and live C C -- -- -- -- -- C entertainment Driving ranges C C -- -- -- C -- C Eating and drinking -- A -- -- -- -- -- A a. Drive-thrus not allowed. establishments b. Must be incidental to and integrated with a principal use and a conditional use permit is approved by the Planning Commission if alcohol is to be consumed on the premises or if there is to be dancing or live entertainment. Equestrian facilities C C -- -- -- C -- C Subject to Section 3.515 (commercial and Equestrian Standards. noncommercial) Game machines A A -- -- -- -- -- A Must be accessory to a primary (3 or less) use. Game machine center C -- -- __ __ __ __ C Grazing,animal P -- -- -- -- P P Indoor recreational P -- -- -- -- -- -- P Includes bowling,cinemas, activities gymnasiums,and similar activities. Farming P -- -- -- -- P P -- (crop and tree) City of San Juan Capistrano Land Use Code 9-3-47 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-10 Uses in Open Space Districts (please refer to end of table for notes) Use GOS OSR NP CP SP RP NOS RC Notes and Exceptions Golf course C C -- -- -- C -- C The outdoor night lighting of (regulation or par 3) golf courses shall not be permitted unless a conditional use permit is approved by the City. Golf course C -- -- -- -- -- -- C (miniature) Passive recreation -- C -- -- -- -- -- C Includes museums,private facilities clubs and lodges, libraries, and theaters (except drive-ins) Maintenance/support A A A A A A A A facilities Mining, oil drilling, and C C C C C C C C Includes necessary.incidental other resource extraction buildings and appurtenances. Multi-purpose sports P P -- P P P -- P fields and courts (large) Nature study center or P -- -- -- P P -- -- similar educational center Outdoor amphitheater P -- -- -- -- P -- -- Outdoor recreational P P -- -- -- -- -- P a. Includes swimming facilities schools and tennis clubs. (public and private) b. The outdoor night lighting of such recreational uses shall not be permitted - unless a conditional use permit is approved by the City. Picnic area P P P P P P P P Fro-accessory shop A A -- -- -- A -- A Must be incidental to a principal use. Public facilities and P P P P P P P P utilities Radio and television C C C C C C C C Subject to Section 9-3.507 towers and installations, Antennas. radar installations, microwave relay stations, and cellular towers and installations (commercial) Recycling facilities -- -- -- -- -- -- -- P Subject to Section 9-3.537 Recycling Facilities. Section 9- 3.537 Recycling Facilities identifies the specific allowed recycling uses. City of San Juan Capistrano Land Use Code 9-3-48 November 15, 2002 Chaloter 9.3 -Zoning Districts and Standards Table 3-10 Lases in Open Space Districts (please refer to end of table for notes) Use GOS OSR NP CP SP RP NOS RC Notes and Exceptions Religious, fraternal, or C C C C C C C C Includes churches, temples, service organizations synagogues, monasteries, (non-profit) religious retreats, and other places of religious worship and other fraternal and community service organizations. Sports arenas and C -- -- -- -- -- -- C stadiums Sports fields and courts P P P P P P -- P (small) Tot lots P P P P P P -- P 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) (c) Development standards Table 3-11 identifies the development standards for the General Open Space (GOS), Open Space Recreation(OSR),Neighborhood Park(NP),Community Park(CP),Specialty Park (SP),Regional Park(RP), Natural Open Space (NOS),and Recreation Commercial (RC) Districts. City of San Juan Capistrano Land Use Code 9-3-49 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-11 Development Standards for Open Space Districts Min. One Story Two Story Floor Area Ratio Min. Street Min. Min. Min. Min. Alin. Min. I st Flr/ %2nd Lot Front- Front Side Rear Front Side Rear Lot Flr to Bldg District Area age' Yd Yd2,3 Yd2,4 Yd2 Yd2,3 Yd2,4 Area 1 st Flr Hgt (30S 10 200 ft. 150 ft. 20 ft. 50 ft. 150 ft. 20 ft. 50 ft. 0.10 75% 35 ft. acre OSR 1 acre 100 ft. 20 ft. 5 ft. 25 ft. 20 ft. 1 D ft. 25 ft. 0.10 80% 35 ft. NP 7'200 60 ft. 20 ft. 5 ft. 25 ft. 20 ft. 5 ft. 25 ft. 0.10 80% 25 ft. sf.ft. CP 5 acres 150 ft. 30 ft. 20 ft. 30 ft. 30 ft. 20 ft. 30 ft. 0.05 80% 35 ft. SP 7,200 60 ft. Subject to development and approval of a Specific Plan and development review per sq.ft. Section 9-2.337 Public Improvement Plans and Outside Agency Development Review. RP Subject to development and approval of a Specific Plan and development review per Section 9-2.337 Public Improvement Plans and Outside Agency Development Review NOS Subject to development and approval of a Specific Plan and development review per Section 9-2.337 Public Improvement Plans and Outside Agency Development Review RC 7'200 60 ft. 20 ft. 5 ft. 25 ft. 20 ft. 10 ft. 25 ft. 0.40 75% 35 ft. sq.ft. Note: Min.=Minimum, DU=Dwelling Unit,Yd=Yard, Flr=Floor, Bldg=Building, and Hgt=Height i Lots with street frontages below the minimum set forth in this table may be-permitted without the approval of a variance if all of the following conditions are met: (a) The lot's street frontage remains a minimum of 20 feet; (b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion, which is set back away from the street; (c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and (d) The Planning Commission determines that adequate visitor parking,will be provided on the lot to compensate for the loss of street frontage parking. The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315 Irregular and Cul-de-Sac Lots). Z The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots. 3 Architectural projections may extend into required side yards no more than 40 percent of the applicable district requirement, or more than 3 feet whichever is greater. 4 On lots with an existing building setback encroachment into a required rearyard, structural additions having the same said encroachments shall be permitted without the approval of a variance.. However, no new encroachment in excess of - that existing, nor any new encroachment may be permitted without the.approval of a variance (see Section 9-3.533 Nonconforming Uses, Lots, and Structures). City of San Juan Capistrano Land Use Code 9-3-50 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (d) Development review Projects proposed within the General Open Space(GOS),Open Space Recreation(OSR), Neighborhood Park(NP),Community Park(CP),Specialty Park(SP),Regional Park(RP), Natural Open Space (NOS), and Recreation Commercial (RC) Districts shall be subject to applicable review procedures as set forth in Article 3 Development Review Procedures of Chapter 2 of this title. (e) Supplementary district and temporary use regulations For sign, parking, fence, swimming pool, and similar regulations for the General Open Space(GOS),Open Space Recreation(OSR),Neighborhood Park(NP),Community Park (CP),Specialty Park(SP),Regional Park(RP),Natural Open Space(NOS),and Recreation Commercial (RC) Districts, see Article 5 Supplemental District Regulations of this chapter. (f) Environmental overlay standards Standards related to management of project effects on sensitive natural resources (i.e. floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Overlay Districts of this chapter. Sec. 9-3.311 Farm Market (FM) District (a) Purpose and intent The purpose and intent of the Farm Market (FM) District is to: (1) Provide retail facilities which are oriented to and supportive of the agricultural operation of which they are geographically a part; (2) Implement the General Plan concept of promoting the long-term viability of farming operations by providing for the retail sale of farm products; and (3) Encourage the sale of farm-fresh produce in order to enhance the City's character as a semi-rural community. (b) Uses permitted (1) Table 3-12 identifies the uses permitted in the Farm Market (FM) District. (2) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are City of San Juan Capistrano Land Use Code 9-3-51 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards subject to the review requirements and conditions contained in Section 9-3.501 Accessory Lases and Structures. (3) The "notes and exceptions"column of Table 3-12 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use. (4) Certain permitted uses and conditionally perrnitted uses may be subject to special conditions regarding location,operation,or the design of the use. The sections of this title governing these uses are identified in the "notes and exceptions" column of Table 3-12. Table 3-12 Uses in Farm Market (FM) District (please refer to end of table for notes) Use FM ]votes and Exceptions Alcoholic beverage retail sale C Sale for off-premise consumption. (including wine tasting) Automated teller machine A Bed and breakfasts C Subject to Section 9-3.509 Bed and Breakfasts. Caretaker residence A Subject to Section 9-511 Caretaker Residences and (permanent and temporary) Section 9-3.553 Temporary Uses and Structures. Cemeteries C Chid day care centers C Convenience retail and service uses A a. Such uses shall be determined by the Planning Director ,,'small-scale) to be adjunct and subordinate in scale to a permitted principal or comparable mobilehome park and be appropriate and compatible in each individual case. b. Such uses do not need to be specifically oriented to agriculture. c. Such uses shall not exceed 40%of the total square footage of rentable space on the site. Delicatessens, snack bars, and ice cream A Adequate parking,consistent with Section 9-3.535 stores Parking shall be provided. _ Dry goods and clothing stores C Shall be related to agriculture and ranching. Eating and drinking establishments P Equestrian and leather equipment sales and P repair Farm supply and feed stores P Financial services uses P Includes banks, savings and loan associations, and credit v unions. Gasoline or fuel dispensing facilities C May have a Mini-man or Food Convenience Store. City of San Juan Capistrano Land Use Code 9-3-52 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-12 Lases in Farm Market (FM) District (please refer to end of table for notes) - Use FM Notes and Exceptions Laboratories,together with related offices, P for agricultural consultants, pesticide or chemical distributors,or farm service organizations Medical and dental offices P A maximum of 3 such offices per development. Mining, oil drilling, and other resource C Includes necessary incidental buildings and extraction appurtenances. Nurseries and garden supply stores P Includes the sale of flowers and plants. (retail and wholesale) Office uses P Includes business,professional,real estate,travel (general) agencies,and similar office uses. Outside sales,displays, and storage A Subject to Section 9-3.549 Storage and Display. Parking lots A (commercial and public) Public buildings and facilities P a. Includes museums, libraries,governmental buildings, parks,public utility offices and exchanges,bus, taxicab,and railroad stations,and tourist information centers. b. Excludes public schools,police stations, fire stations, and hospitals. Radio and television towers and C Subject to Section 9-3.507 Antennas. installations,radar installations, microwave relay stations, and cellular towers and installations (commercial) Ranch markets or country stores P a. The main function shall be the sale of fresh farm products. b. Bakery goods,fresh meats, and other specialty items may also be incorporated within the ranch market. (Such collateral uses may have an outside entrance separate frona the main entrance to the ranch market.) c. Package sales of beer and wine shall be permitted provided such sales are incidental to the principal retail operation and there is no consumption on the premises. Recycling facilities P Subject to Section 9-3.537 Recycling Facilities. Section 9-3.537 Recycling Facilities identifies the specific allowed recycling uses. :Religious, fraternal, or service organizations C Includes churches, temples, synagogues, monasteries, (non-profit) religious retreats, and other places of religious worship and other fraternal and community service organizations. City of San Juan Capistrano Land Use Code 9-3-53 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-12 Lases in Farm Market (FM) District (please refer to end of table for notes) Use FM Notes and Exceptions .Retail sales P Retail sales of meats,groceries, baked goods, (general) pharmaceutical,cosmetics, notions, flowers,jewelry, stationary, apparel, newspapers, magazines, fabrics, computers,vides/audio media and similar retail sales activities which serve neighborhood residential areas. .Retail sales C Includes groceries, meats, bakery, auto parts supplies, (large-scale) bicycles, hardware, paint, floor and wall covering materials, pats, and sporting goods. ;Retail sale (small-scale) and small-scale A 'Finishing or working of such materials as leather, pottery,jewelry,and similar items Services or facilities engaged in the sale, C fabrication, or repair of products related to i arming 'Veterinary offices and clinics C Warehouse and storage facilities P Shall be for farm products. 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) (c) Development standards The development standards for the Farm Market (FM) Uistrict are identified in Table 3-13. City of San Juan Capistrano land Use Code -- 9-3-54 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-13 Development Standards for the Farm Market (FM) District Min. One Story Two Story Floor Area Ratio - Min. Street Min. Min. Min. Min. Min. Min. I st FIr/ %2nd Lot Front- Front Side Rear Front Side Rear Lot FIr to Bldg District Area age' Yd Yd2,3 Yd2,4 Yd2 Yd 2,3 Yd2,4 Area 1 st Flr Hgt FM 1.5 250 ft. 50 ft. 20 ft. I 20 ft. 50 ft. 30 ft. 50 ft. 0.30 50% 35 ft. acres Note: Min.=Minimum, DU=Dwelling Unit,Yd=Yard, Flr=Floor, Bldg=,3uilding, and Hb=Height ' Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance if all of the following conditions are met: (a) The lot's street frontage remains a minimum of 20 feet; (b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion, which is set back away from the street; (c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and (d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street frontage parking. The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315 Irregular and Cul-de-Sac Lots). Z The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots. 3 Architectural projections may extend into required side yards no more than 40%of the applicable district requirement, or more than 3 feet whichever is greater. 4 On lots with an existing building setback encroachment into a required rearyord,structural additions having the same said encroachments shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-3.533 Nonconforming Uses, Lots, and Structures). (d) Development review Projects proposed within the Farm Market (FM) District shall be subject to applicable -- review procedures as set forth in Article 3 Development Review Procedures of Chapter 2 of this title. (e) Supplementary district and temporary use regulations The supplementary district and temporary use regulations of Article 5 Supplemental District Regulations of this chapter shall apply to the Farm Market (FM) District, except when inconsistent with the following provisions,in whiich event the following standards shall prevail: (1) Rural environment. Developments in the .Farm Market (FM) District shall incorporate low profile buildings and a rustic: atmosphere to enhance the rural City of San Juan Capistrano Land Use Code 9-3-55 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards environment of the community. (2) Theme. Development within the Farm Market,(FM)District shall establish an early California or western theme.The building architecture,the character of the parking areas, and the style of landscaping shall be consistent with such theme. - (3) Parking (A) Continuous curbs and/or headers shall be wooden. (B) Parking facility light fixtures shall complement the development's theme. (C) All other parking regulations shall be in accordance with Section 9-3.535 - Parking. (4) Signs (A) The materials, lettering styles, and colors of the signs shall be consistent with the theme established for the project. (B) Internally illuminated signs within the Farm Market (FM) District shall be prohibited. (C) All other sign regulations shall be in accordance with Section 9-3.543 Signs. (f) Environmental overlay standards Standards related to management of project effects on sensitive natural resources (i.e. floodplains, ridgelines, etc.) shall be as set forth irl Article 4 Environmental Overlay Districts of this chapter. Sec. 9-3.313 Solid Waste Facility (SWF) District (a) Purpose and Intent The purpose and intent of the Solid Waste Facility (SWF) District is to regulate the development and operation of solid waste landfills inJsuch a manner as to assure consistency with the General Plan,in particular the Land Use Element and applicable policies.The City will seek to assure that Iandfills operations are conducted in such a manner that they will not result in significant impacts to the City, its residents and businesses and that future redevelopment of landfill sites will result in publicly-beneficial open space and recreation uses. City of San Juan Capistrano Land Use Code 9-3-56 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (b) Uses permitted (1) Table 3-14 identifies the uses permitted in the Solid Waste Facility(SWF) District. (2) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are subject to the review requirements and conditions contained in Section 9-3.501 Accessory Uses and Structures. (3) The "notes and exceptions"column of Table 3-14 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use. (4) Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location,operation,or the design of the use. The sections of this title governing these uses are identified in the "notes and exceptions" column of Table 3-14 Table 3-14 Uses in Solid Waste Facility (SWF) District Use SWI~ Notes and Exceptions Borrow sites C Caretakers residence A Subject to Section 9--3.511 Caretaker Residences and (temporary and permanent) Section 9-3.553 Temporary Uses and Structures. Cemeteries C - Compostingrgreenwaste facility C Groundwater monitoring wells A Household hazardous waste facilities C Landfill administrative Offices/buildings A Landfill gas flare stations C -- .Landfill gas(LFG)utilization system C Leachate collection and processing C facilities :Materials recovery facility C Methane gas monitoring wells A Mining, oil extraction,and other resource C Includes necessary incidental buildings and appurtenances. extraction Parks and park improvements P Improvements associated with the ultimate use of land for a (public and private) Regional Plan requires a CUP. Parking and access drives A City of San Juan Capistrano Land Use Code 9-3-57 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-14 Uses in Solid Waste Facility (SWF) District Use SWF Notes and Exceptions Radio and television towers and C Subject to Section 9-3.507 Antennas. - installations, radar installations, microwave relay stations, and cellular towers and installations (commercial) -- Recycling facilities P Subject to Section 9-3.537 Recycling Facilities. Section 9- 3.537 Recycling Fac:1ities identifies the specific allowed recycling uses. Religious, fraternal, or service C Includes churches, temples, synagogues, monasteries, religious organizations retreats,and other places of religious worship and other (non-profit) fraternal and community service organizations. Scales,water tanks, detention basins A Solid waste landfills C Any similar landfill-related uses C _- 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) (c) Development requirements The following requirements shall apply in the Solid Waste Facility (SWF) District; (1) Solid Waste Facilities Permit (SWFP). Landfills shall be subject to issuance of a valid Solid Waste Facilities Permit (SWFP) issued by the State of California Integrated Waste Management Board, including review by the County of Orange Environmental Health Department, South Coast Air Quality Management District (SCAQMD), and San Diego Regional Water Quality Control Board (SDRWQCB); or such other agency with appropriate jurisdiction. (2) General Development Plan. Operation of solid waste landfills are subject to a City- approved General Development Plan which addresses physical landfill limits(vertical and horizontal), total landfill capacity, maximum daily landfilling limits, landfill - service area limits, landfill access routes, landfill phasing, reuse plan, and financing plan/strategy for closure, post-closure maintenance, and reuse. (3) Public ownership. Landfills shall be publicly-owned facilities,but may be operated, under contract, with private corporations specializing in solid waste landfill operations. City of San Juan Capistrano Land Use Code 9-3-58 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (d) Development standards The development standards for the Solid Waste Facility (SWF)District are designated in the Prima Deshecha Canada Landfill General Development Plan. (e) Development review Projects proposed within the Solid Waste Facility (SWF) District shall be subject to applicable review procedures as set forth in Article 3 Development Review Procedures of Chapter 2 of this title. (f) Supplementary district and temporary use regulations For sign, parking, fence, swimming pool, and similar regulations for the Solid Waste Facility (SWF) District, see Article 5 Supplemental :District Regulations of this chapter. (g) Environmental overlay standards Standards related to management of project effects on sensitive natural resources (i.e. floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Review Procedures of this chapter. Sec. 9-3.315 Planned Community (PC) District (a) Purpose and intent The purpose and intent of the Planned Community (PC) District is to: (1) Encourage the use of modern land planning and design techniques to create developments integrating a mixture of different types of land uses; (2) Realize the economic, social,and aesthetic advantages of combining different types of land uses in a coordinated community design, such developments to be of sufficient size to provide related areas for variious uses, which may include varying housing types; commercial retail and service activities; industrial uses; recreation, school, and other public facilities; and other appropriate land uses. The regulations for the Planned Community(PC) District are designed to permit the adoption of a Comprehensive Development Plan (CDP) providing for a diversity of uses,building relationships, and open spaces within planned building groups, while insuring compliance with the General Plan and this Code; (3) To insure, by means of land use regulations and specific conditions of approval, a more efficient use of open space, the separation of pedestrian and vehicular traffic, City of San Juan Capistrano Land Use Code 9-3-59 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards increased project amenities and compatibility with surrounding development; (4) To achieve the coordinated planning and orderly development of different contiguous parcels of land by means of an approved Comprehensive Development Plan; and (5) To provide open space, agricultural, and love density residential interim use of property until a Comprehensive Development Plan (CDP) is approved and implemented. (b) Permanent uses permitted All uses and structures permitted within the City subject to the approval of a Comprehensive Development Plan and consistent with the General Plan shall be permitted in the Planned — Community (PC) District. (c) Interim uses permitted (1) Table 3-15 identifies the interim uses permitted in the Planned Community (PC) District until a Comprehensive Development Plan (CDP) is approved and implemented. (2) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are subject to the review requirements and conditions contained in Section 9-3.501 -- Accessory Lases and Structures. (3) The "notes and exceptions"column of Table 3-15 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use. (4) Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location,operation,or the:design of the use. The sections of this title governing these uses are identified in the "notes and exceptions" column of Table 3-15. City of San Juan Capistrano Land Use Code _ 9-3-60 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-15 - Interim Lases in the Planned Community(PC) District (please refer to end of table for notes) Use PC Notes and Exceptions Accessory uses incidental to the operation A of a permitted use Animal grazing,breeding,boarding, P a. Includes cattle,sheep,goats,and horses. raising,and training b. Excludes hog production,commercial livestock feeding ranches,commercial dairies,commercial horse stables and equestrian centers,commercial kennels, and the commercial slaughtering, dressing, or sale of livestock, fowl, or other animals. Apiaries P Bed and Breakfasts C Subject to Section 9-3.509 Bed and Breakfasts. Caretaker residence A Allowed during the construction of a permanent single-family (temporary) residence on an individual lot in accordance with the provisions of Section 9-3.553 Temporary Uses and Structures. Cemeteries C Egg production and sales and the P Subject to the following requirements: production of chickens,poultry, 1. Any poultry, pigeon, rabbit, or other animal-raising pigeons,and other fowl,and the building or Enclosure shall be located a minimum of production of rabbits 300 feet from any existing residential building not on the premises; and 2. The slaughtering or dressing for sale of poultry, pigeons, or rabbits shall be permitted only if they are produced, raised,or fattened on the premises. Educational and cultural programs A Shall be of a temporary nature and prior approval must be obtained from the Planning Director. Employee quarters A Must be of a permanent character placed in permanent (detached) locations. Farming P a. Includes all types of agriculture and horticulture. b. Excludes farms operated publicly or privately for the disposal of garbage, sewage, rubbish,or offal. Home businesses A Subject to Section 9-3.523 Home Business. Horse stables and equestrian centers C Subject to Section 9-3.515 Equestrian Standards. (commercial) Kennels A Subject to Section 9-3.525 Kennels. (noncommercial) Kennels C Subject to Section 9-:3.525 Kennels. (commercial) .Mining,oil drilling, and other resource C Includes necessary incidental buildings and appurtenances. extraction !blobilehomes and modular homes on a A Both shall be subject to the provisions of the development permanent foundation system standards of Section 3-301 Residential Districts. City of San Juan Capistrano Land Use Code 9-3-61 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-15 Interim Uses in the Planned Community (PC) District (please refer to end of table for notes) Use PC Notes and Exceptions Nurseries,greenhouses, and plant P Including greenhouses, hydroponic gardens, and similar / storage facilities. (resale and wholesale) Parks P (private) Produce stands A a. To be used for the sales of agricultural products (temporary) produced on the premises. — b.• Subject to the following: 1. Such stands shall not be located closer than 20 feet from any street right-of-way; 2. Such stands shall be of wood frame type construction.;and 3. The accessory signs used to identify the use shall be located on or adjacent to such stands as set forth in Section 9-3.543 Signs. Radio and television towers and C Subject to Section 9-3.507 Antennas. stations, radar installations, microwave - relay stations, and cellular towers and installations 'commercial) Religious, fraternal, or service C Includes churches,temples,synagogues, monasteries, religious _ organizations retreats, and other places of religious worship and other (non-profit) fraternal and community service organizations. Residential dwelling A One principal residential dwelling per lot as an accessory use to a (single-family) principal use. Topsoil or fill dirt C t,processing and/or sales of) — 1' = 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) (d) Development requirements The following development requirements shall apply in the Planned Community (PC) District: (1) Procedure for change of district designations to PC. Prior to the acceptance by the City of a district change petition pursuant to the provisions of Section 9-2.315 Change of Zone District, the applicant shall submit a CDP for the area in question. The Planning Director shall prescribe the type and form of information required for the CDP and shall ensure that it is of sufficient detail to allow adequate analysis of the proposed project. City of San Juan Capistrano Land Use Code 9-3-62 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (2) Adoption of Comprehensive Development Plans (A) Notification of the consideration of the CDP shall be incorporated into the public hearing notice relative to the district change petition required by the provisions of said Section 9-2.315 Change of Zone District. (B) The CDP shall be reviewed with the district change petition pursuant to the provisions of said Section 9-2.315 Change of Zone District.Action by the Ci y on the district change petition may be concurrent with, but may not precede, the approval of the CDP.The CDP may be approved,modified,conditionally approved, or denied in part or its entirety. If the CDP is approved, the Ci y Council shall adopt the CDP by ordinance.The adopted ordinance shall specify all the conditions of approval, if any, along with other matters deemed appropriate by the City Council. (C) After the adoption of the district change and the CDP,the designation number for the CDP shall be entered on the OTcial Zoning Map along with the PC district designation for the parcel or parcels in question. The PC district designation,with its CDP designation number,shall refer only to that specific CDP adopted by the Ci y Council.A summary of allowable uses and development standards for the adopted CDP will be included in Appendix B Adopted Comprehensive Development Plans Summary.No other CDP shall be applied to the PC district, except as provided for through a CDP amendment. (3) Amendment of Comprehensive Development 1'lans An adopted CDP may be amended as follows: (A) If the Planning Commission determiners that the proposed amendment is consistent with the overall purpose and general design of the original adopted CDP, the Planning Commission may approve the amendment by resolution. The amended CDP shall then become the specific CDP associated with the PC district designation on the Oficial Zoning Map. (B) If the Planning Commission determines that the proposed amendment is not consistent with the overall purpose and general design of the original adopted CDP, or there will be any alteration of land boundaries, the Planning Commission shall direct the applicant to submit the proposed amendment, together with a new district change petition, for processing pursuant to the provisions of subsection (2) of this subsection. City of San Juan Capistrano Land Use Code 9-3-63 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (e) Development standards (1) The permanent development standards for planned community developments shall be determined by the Planning Commission as follows: (A) The Planning Commission shall assign the most applicable Base District development standards, as set forth in Article 3 Base District Regulations/Standards of this chapter, for each category of land use shown on the CDP; or (B) Specific standards may be imposed as conditions of approval of the CDP provided they are more restrictive than the provisions of Chapters 1 through 5 of this Code; or (C) A combination of subsection (A) and (B), of this subsection. (2) Development regulations adopted as a part of the CDP shall supersede other requirements of this Land Use Code. In cases where an item is not addressed in the CDP,the appropriate provisions of this Code shall regulate. A summary of development standards for adopted CDPs are included in Appendix B Adopted Comprehensive Development Plans Summary. (3) The development standards for the Agri-Business District,pursuant to Section 9-3.305 Industrial Districts, shall be applied for the interim uses identified in Table 3-15 until a CDP has been adopted and implemented. (4) Common areas (A) The CDP,through appropriate legal instruments,such as CC&R,management agencies, and/or owner associations, shall provide means for the ongoing maintenance of all open space, private streets,parking lots,buildings, and the like in the Planned Community(PC) Disixict. Such legal instruments shall be approved by the City and shall be appropriately recorded prior to the issuance of building permits. (B) The CCB&R or other legal instruments shall incorporate the provisions of the responsible homeowner association for the maintenance of any commonly- owned land should the City determine after reasonable and customary notice to the homeowner association that adequate maintenance is not being performed on such land. (C) In the case of owner associations, no in-common holding may be sold or otherwise transferred to the control of any other entity,except one conceived and designed to fulfill the same basic purposes as the owner association. City of San Juan Capistrano Land Use Code 9-3-64 November IS, 2002 Chapter 9.3 -Zoning Districts and Standards (f) Development review (1) Individual development projects proposed to implement an adopted CDP or allowed interim use within the Planned Community (PC) District shall be consistent with such CDP, or this Land Use Code, and shall be subject to development review as set forth in Article 3 Development Review Procedures of Chapter 2 of this title. (2) The Planning Director shall prescribe the type and form of information required for review of the CDP. (g) Supplementary district regulations (1) For sign, parking, fence, swimming pool, and similar regulations for the Planned Community (PC) District, see Article 5 Supplemental District Regulations of this chapter. (2) Supplementary district regulations adopted as a part of the CDP shall supersede other requirements of this Land Use Code. In cases where an item is not addressed in the CDP, the appropriate provision of this Land Use Code shall regulate. (h) Environmental overlay standards Standards related to management of project effects on sensitive natural resources (i.e. floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Overlay Districts of this chapter. Sec. 9-3.317 Specific Plan/Precise Plan (SP/PP) District (a) Purpose and intent The purpose and intent of the Specific Plan/Precise Plan (SP/PP) District is to: (1) Provide a means for designating certain areas of the City having important aesthetic, cultural, historical, or environmental characteristics as special study areas so that such areas will not be destroyed due to premature or poorly-planned development; and (2) Establish a holding district wherein certain low intensity land uses are permitted while the area in question is studied for the purpose of developing a precise plan for the development of the area. City of San Juan Capistrano Land Use Code 9-3-65 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (b) Permanent principal uses and structures perraitted Permitted uses and structures in the Specific Plan/Precise Plan (SP/PP) District shall be designated in a Specific or Precise Plan.The Specific or Precise Plan shall include all parcels within the district and shall identify the existing and proposed uses on all parcels. (c) Interim uses permitted (1) Table 3-16 identifies the interim uses permitted in the Specific Plan/Precise Plan (SP/PP) District until a Spec f c or Precise Plan is adopted and implemented. - (2) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.317 Conditional Use Permit. Accessory use are subject to the review requirements and conditions contained in Section 9-3.501 Accessory Uses and Structures. (3) The "notes and exceptions"column of Table 3-16 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use. (4) Certain permitted uses and conditionally permitted uses may be subject to special -- conditions regarding location,operation,or the design of the use. The sections of this title governing these uses are identified in the "notes and exceptions" column of Table 3-16. Table 3-16 Interim Lases in the Specific Plan/Precise Plan District (please refer to end of table for notes) Use SP/PP Notes and Exceptions Accessory uses incidental to the operation A of a permitted use Animal grazing, breeding, boarding, P a. Includes cattle, sheep,goats, and horses. raising, and training b. Excludes hog production,commercial livestock feeding ranches,commercial dairies,commercial horse stables and equestrian centers,commercial kennels, and the commercial slaughtering, dressing, or sale of livestock, fowl,or other animals. :Apiaries P " .Bed and breakfasts C Subject to Section 9-:3.509 Bed and Breakfasts. („aretaker residence A Allowed during the construction of a permanent single-family 'temporary) residence on an individual lot in accordance with the provisions of Section 9-3.553 Temporary Uses and Structures. Cemeteries C -- City of San Juan Capistrano Land Use Code 9-3-66 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-16 Interim Uses in the Specific Plan/Precise Plan District (please refer to end of table for notes) Use SP/PP Notes and Exceptions Egg production and sales and the P Subject to the following requirements: production of chickens,poultry, 1. Any poultry„pigeon,rabbit,or other animal-raising pigeons,and other fowl, and the building or enclosure shall be located a minimum of production of rabbits 300 feet from any existing residential building not on the premises•,and 2. The slaughtering or dressing for sale of poultry, pigeons, or rabbits shall be permitted only if they are produced, raised,or fattened on the premises. Educational and cultural programs A Shall be of a temporary nature and prior approval must be obtained from the Planning Director. Employee quarters A Must be of a permanent character placed in permanent (detached) locations. Farming P a. Includes all types of agriculture and horticulture. b. Excludes farms operated publicly or privately for the disposal of garbage, sewage,rubbish, or offal. —. Home businesses A Subject to Section 9-3.523 Home Business. Horse stables and equestrian centers C Subject to Section 9-3.S IS Equestrian Standards. (commercial) Kennels A Subject to Section 9-3.525 Kennels. (noncommercial) Kennels C Subject to Section 9-3.525 Kennels. (commercial) .Mining,oil drilling, and other resource C Includes necessary incidental buildings and appurtenances. extraction ,Mobilehomes and modular homes on a A Both shall be subject ito the provisions of Section 3-301 permanent foundation system Residential Districts. Nurseries,greenhouses,and plant P Including greenhouses, hydroponic gardens, and similar storage facilities. (resale and wholesale) Parks P (private) :Produce stands A a. To be used for the sales of agricultural products (temporary) produced on the premises. b. Subject to the following: 1. Such stands shall not be located closer than 20 feet from any street right-of-way; -- 2. Such stands shall be of wood frame type construction;and 3. The accessory signs used to identify the use shall be located on or adjacent to such stands as set forth in Section 9-3.543 Signs. City of San Juan Capistrano Land Use Code 9-3-67 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-16 Interim Uses in the Specific Plan/Precise Plan District (please refer to end of table for notes) Use SP/PP Notes and Exceptions Radio and television towers and C Subject to Section 9-3.507 Antennas. stations,radar installations, microwave relay stations, and cellular towers and installations (commercial) Religious, fraternal, or service C Includes churches, ternples, synagogues, monasteries,religious organizations retreats, and other places of religious worship and other (non-profit) fraternal and community service organizations. Residential dwelling A One principal resider tial dwelling per lot as an accessory use to a (single-family) principal use. Topsoil or fill dirt C (processing and/or sales of) 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) (d) Development standards (1) The permanent development standards for the Specific Plan/Precise Plan (SP/PP) District shall be designated in a Spec f c or Precise Plan. The development standards may be applied uniformly throughout a district or may be applied to individual parcels in accordance with the provisions of the Spec f c or Precise Plan. (2) The development standards for the Agri-Business District,pursuant to Section 9-3.305 Industrial Districts, shall be applied for the interim uses identified in Table 3-16 until a Speci is or Precise Plan has been adopted and implemented. (e) Initiation of Precise Plans Specific or Precise Plans for the Specific Plan/Precise Plan (SP/PP) District shall only be initiated by the City Council or by the City Council following the petition by ten (10)percent or more of the owners of property designated SP/PP. (f) Development review Specific or Precise Plans for the Specific Plan/Precise Plan (SP/PP) District shall be subject to the development review process and shall be adopted and amended in the same manner provided for a Comprehensive Development Plan as set forth in subsection (d)of Section 9-3.317 Planned Community (PC) District. City of San Juan Capistrano Land Use Code 9-3-68 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (g) Supplementary district regulations (1) For sign, parking, fence, swimming pool, and similar regulations for the Specific Plan/Precise Plan (SP/PP) District, see Article 5 Supplemental District Regulations of this chapter. (2) Supplementary district regulations adopted as a.part of the Specific or Precise Plan shall supersede other requirements of this Land Use Code. In cases where an item is not addressed in the Spec f c or Precise Plan,the appropriate provision of this Land Use Code - shall regulate. (h) Environmental overlay standards Standards related to management of project effect, on sensitive natural resources (i.e. floodplains, ridgelines, etc.) shall be as set forth in Article 4 Environmental Overlay Districts of this chapter. (i) Nonconforming uses If an area is designated Specific Plan/Precise Plan (S.'?/PP) District and a Specific or Precise Plan is adopted identifies the permitted uses, a minor modification of an existing nonconforming use may be approved by the City Council The Environmental Administrator will review all proposed modifications for the purpose of identifying issues and concerns. The Environmental Administrator will also determine whether any other board or commission should also review the proposal. Since the following criteria limits the magnitude of the modifications, the review process should be minimized. The Environmental Administrator may also require adjoining property owners to be notified of the review process. The following criteria and limitations will be used to evaluate whether a requested modification to a nonconforming use is minor: (1) That the proposal will not interfere with the orderly transition of land uses in accordance with the adopted Specific or Precise Plan; and (2) That the proposal will not materially contribute to significant environmental impacts; and (3) That the proposal is minor and incidental relative to the existing nonconformity.The lot size, the size of existing structures, the volurne of business, and other factors will be considered when determining the magnitucle of the modification. City of San Juan Capistrano Land Use Code 9-3-69 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards ARTICLE 4. ENVIRONMENTAL OVERLAY DISTRICTS Sec. 9-3.401 Purpose The Environmental Overlay Districts, which include the Floodplain Management (FP), Noise Management (N), and Ridgeline and Open Space Preservation (RP) Districts, established by Section 9-3.101 Districts Established were created to provide regulations for certain special aspects of land use and development as they pertain to public safety,environmental protection, and the preservation of scenic and cultural resources. The Environmental Overlay Districts shall function as combination or overlay districts. They shall be used in combination with the Base Districts in the manner described in Section 9-3.403 Designation. Sec. 9-3.403 Designation The Environmental Overlay Districts shall be designated by means of thefollowing methods which may be used alone or in any combination so that the boundaries and regulations of the Environmental Overlay Districts are most clearly and effectively presented: (a) By showing additional boundary lines and zone designations on the Oficial Zoning Map by a pattern or by other appropriate means to show the limits of the Environmental Overlay District; (b) By using the method set forth in subsection (a) of this section but using a separate Environmental Overlay Map as an appendix to the (Yicial Zoning Map. In this case, the Oficial Zoning Map shall contain a written reference to the Environmental Overlay Map; and/or (c) By describing the Environmental Overlay Districts and regulations in the text of this title. In this case, the Oficial Zoning Map shall contain written references to such textual descriptions. Sec. 9-3.405 Floodplain Management (FM) District — (a) Purpose and intent The purpose and intent of the Floodplain Management (FM)District is to protect the public health, safety, and general welfare by discouraging physical encroachments and development of the 100-year floodplain,and protecting properties and persons from flood perils. Furthermore, the intent and purpose of this district is to: City of San Juan Capistrano Land Use Code — 9-3-70 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (1) Maintain the City's eligibility in the Federal Government's National Flood Insurance Program; (2) Implement the General Plan Land Use, Conservation and Open Space, Safety, and - Floodplain Management Elements with respect to special flood hazard areas; and, (3) Manage land uses and structures by recognizing their risks and the hazards associated with special flood hazard areas. (b) Applicability The provisions of this section shall apply to all lands situated within special flood hazard areas as delineated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) for the City of San Juan Capistrano dated September 15, 1989 and all subsequent revisions thereof. The FIRMs define the minimum area of applicability and may be supplemented at City discretion by additional studies which the City prepares or which are prepared in conjunction with the submission of a floodplain land use permit application and meet both the City and FEMA standards. (c) Locational standards Floodplain land use permit applications for uses orstru aures permitted by subsections(e)(2) and (e)(4) of this section shall meet the following standards: (1) Alternative location. No alternative location for the proposed project exists on the property which is situated outside the limits of the special flood hazard area. In applying this standard, the City will consider existing development outside of the floodplain and the extent of reasonable use from which the property owner presently benefits. (2) Structures. No enclosed principal or accessory structures shall be permitted within Special Flood Hazard Zones"A"and"AE,"the:high hazard portion of the 100-year floodplain. (3) Significant public need. Channel realignments or major alterations to the channel cross-section(geometric)shall only be permitted for proposed projects which serve a"significant public need"including but not limited to flood protection for existing - development, public utilities, wildlife habitat restoration, public recreational facilities, primary and secondary arterial roads designated by the General flan Circulation Element, and other projects which satisfy a specific public need. (4) Compliance feasibility. Floodplain land use permit applications shall include information which demonstrates feasibility of the proposed project to comply with City of San Juan Capistrano Land Use Code 9-3-71 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards the provisions of Section 8-11.113, "Standards of construction" to the satisfaction of the Floodplain Administrator. (d) Site development standards Floodplain land use permit applications, building permits, grading permits, and development permits for uses or structures permitted by subsection (e) of this section shall comply with the following requirements: (1) Floodplain impact. Floodplain land use projects shall result in no discernible net increase in water surface elevation, based on professionally accepted engineering methodologies, of the 100-year floodplain; shall not create or exacerbate erosive velocities within special flood hazard areas; and shall not contribute to upstream or downstream flooding of properties not previously inundated by the 100-year storm event. (2) Federal and State agencies. Floodplain land use:projects shall demonstrate evidence of compliance with all Federal Emergency Management Agency, California Fish and Game Department, United States Army Corps of Engineer, and Regional Water Quality Control Board requirements, as amended and in effect at the time the permit application is submitted and deemed complete. (3) Site environmental impact. The site specific location of proposed projects within special flood hazard areas shall be at that location or locations which result in the least environmental impact as determined by tlhe environmental documents which are prepared to meet the requirements of the California Environmental Quality Act (CEQA) as amended. (e) Land use standards The following land uses and structures may be permitted within the special flood hazard zones indicated subject to the applicable standards: (1) Special Flood Hazard Zones "A"and "AE,"permitted uses subject to approval of a grading permit, if required,which complies with the standards of subsection (d) Site development standards: (A) Agricultural uses including orchards, tree crops, nurseries, and similar horticultural uses but not including storage buildings, barns, or other accessory structures. (2) Special Flood Hazard Zones "A"and"AE,"permitted uses subject to the approval of a floodplain land use permit which complies with the standards of subsections(c) City of San Juan Capistrano Land Use Code 9-3-72 November 15, 2002 Chaleter 9.3 -Zoning Districts and Standards Locational standards, and (d) Site development standards: (A) Public utility structures and uses including water treatment plants,wastewater treatment facilities which are consistent with the Master Sewer Plan; and - transportation structures including bridges, primary and secondary arterial roads and traffic control/management strictures which are consistent with the General Plan; (B) Recreational uses and minor accessory stractures including playgrounds, trails, golf courses, athletic fields, and accessory parking for recreational uses; (C) Equestrian facilities such as riding arenas,training areas,and similar uses which - may include minor accessory structures such as fencing, wash racks, watering trough, and similar improvements and accessory parking for such uses; and (D) Flood-control structures including levees, channels, spreading basins, detention areas,and diversion drains in accordance with plans approved by the City of San Juan Capistrano. (3) Special Flood Hazard Zones "AH" and "AO,"permitted uses subject to approval of a grading permit, building permit, or development permit, if required, which complies with the standards of subsection (d), Site development standards: - (A) All uses which are permitted uses within Special Flood Hazard Zones "A"and - (B) Riding and hiking trails; and (C) Equestrian arenas and associated accessorystructures including but not limited to fences,wash racks and watering troughs. (4) Special Flood Hazard Zones "AH" and "AO," uses permitted subject to the approval of a floodplain land use permit application which complies with the standards of subsection (c), Locational standards, and (d), Site development - standards: (A) All uses which are permitted subject to approval of a floodplain land use permit application in Special Flood Hazard Zones "A" and "AE" and are not specifically permitted by the preceding subsection-, (B) Accessory recreational,agricultural,and equestrian structures including storage areas and equipment sheds which are associated with permitted uses in Special Flood Hazard Zones "A" and "AE," "AH:," and "AO"; City of San Juan Capistrano Land Use Code 9-3-73 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (C) Commercial, industrial, and service structures and uses on existing lots of record situated wholly within the special flood hazard zone and which are permitted by the underlying zoning district; and (D) Residential structures and uses on lots of record situated wholly within the special flood hazard zone,which have been graded prior to the adoption of this section and meet the construction standards of Title 8,and which are permitted by the underlying zoning district. (f) Floodplain land use permit Prior to the issuance of any building permit, grading permit, or floodplain development permit for any structure or use cited in subsection(e)(2) or(e)(4) of this section,the project shall first secure approval of a floodplain land use application subject to the review procedures contained in Section 9-2.321 Floodplain Land Use Permit. Sec. 9-3.407 Cultural Resources/Historic Preservation (HP) District (a) Purpose and intent The purpose and intent of the Cultural Resources/1-listoric Preservation (HP) District is to establish regulations for those areas of the City which, due to their historical or cultural - significance, require special consideration to insure: their preservation as a community resource. (b) Principal uses and structures permitted The principal uses and structures permitted in the Cultural Resources/Historic Preservation (HP) District shall be the same as those permitted in the underlying Base District. (c) Conditional uses and structures The uses and structures permitted in the Cultural Resources/Historic Preservation (HP) District subject to the approval of a conditional use permit shall be the same as those conditionally permitted in the underlying Base District. City of San Juan Capistrano Land Use Code 9-3-74 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (d) General requirements (1) Any person desiring to demolish, remove, relocate, or alter any such landmark shall receive City approval prior to such action, which is set forth in the Inventory of Historical and Cultural Landmarks(IHCL)or Sensitive Area Map adopted by the Council by resolution. (2) Failure to complywith the provisions of thissecton shall constitute sufficient grounds for the revocation of any grading or building permit and the temporary suspension of any operation otherwise being carried out in compliance with such permits. (e) Permits (1) Any person desiring to demolish,remove,relocate,or alter any landmark set forth in the IHCL shall be subject to Section 9-2.327 Historical and Cultural landmark Site Plan Review. (2) Any person desiring to construct site improvements on property identified on the Sensitive Area Map shall comply with City Council Policy 601. Sec. 9-3.409 Noise Management (N) District (a) Purpose and intent The purpose and intent of the Noise Management (N) District is to: (1) Implement the Noise Element of the General Pian; (2) Mitigate disruptive and annoying sounds and vibrations emanating from freeways, highways, and other mobile noise sources which are detrimental to the public health, safety, and welfare; (3) Require effective exterior-to-interior noise reduction measures in new residential construction within the City; and (4) Establish minimum requirements for internal noise reduction in residential units in - order to achieve adequate acoustical privacy. City of San Juan Capistrano Land Use Code 9-3-75 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (b) Applicability of regulations The Noise Management (N) District shall include any area within the City which is impacted by a mobile noise source which produces within such area an average ambient noise level of sixty (60) dB(A) or more. The method of noise measurement shall be by means of a sound level meter as set forth in Section 9-3.531 Noise Standards. (c) Principal uses and structures permitted The principal uses and structures permitted in the Noise Management (N) District shall be the same as those permitted in the underlying Base District. (d) Conditional uses and structures The uses and structures permitted in the Noise Management (N) District subject to the approval of a conditional use permit shall be the same as those conditionally permitted in the underlying Base District. (e) Design standards The following standards shall apply to all residential developments which are constructed within the Noise Management (N) District: (1) Structural soundproofing. Soundproofing shall be provided for all dwelling units.The amount and type of soundproofing for walls, roofs, and windows shall be sufficient to maintain a maximum ambient noise level in.living areas no greater than forty-five (45) dB(A)with all windows, doors, and other openings closed. (A) Windows. To meet the required ambient noise level in living areas,all windows, both fixed and openable, shall consist of either double-strength glass or double-paned glass.All windows facing sound waves generated from the mobile noise source shall be manufactured and installed to specifications which prevent any sound from window vibration caused by the noise source. (B) Doors. Doors shall be acoustically designed with Basketed stops and integral — drop seals. (C) Roofs and ceilings. Special insulation or design features may be required for roofs and ceilings to meet the required interior ambient noise level. (D) Walls. The exterior walls of living areas shall be of a special type construction and/or include special insulation, depending on the maximum ambient noise levels generated at any time in a particular area. City of San Juan Capistrano Land Use Code 9-3-76 November 15, 2002 Chanter 9.3 -Zoning Districts and.Standards (2) Air-conditioning. Any dwelling unit may be required to be equipped with an air- conditioning system installed to service all living areas of the dwelling unit. (3) Noise source buffering. To maintain an ambient noise level no greater than an average sixty(60)dB(A)in residential yards adjacent to the major noise source,earth berms, or decorative block or concrete walls„ or a combination thereof, shall be installed within a landscaped buffer strip.The specific standards for the buffer strip, such as the width, and the height and all improvements within the strip as deemed - necessary and desirable,shall be specified during the applicable development review procedure as set forth in Article 3 Development Review Procedures of Chapter 2 of this title. The area used for the buffer shall not be included in the required side or rear yard area or in the required minimum loi' area. Landscaping materials for the buffer area shall be restricted to hardy evergreen shrubs and trees of a size, species, and spacing subject to approval by the Planning Director. Sec. 9-3.411 Ridgeline and Open Space Preservation District (a) Intent and purpose The intent of this section is to establish grading and construction zoning controls for the purpose of implementing preservation of ridgeline goals as stated in the Conservation and Open Space Element of the General Plan. The controls stated herein shall apply to all hillside areas for which major ridgeline preservation has been designated on the Oficial Zoning Map. (b) Principal uses permitted The principal uses permitted in the Ridgeline and Open Space Preservation (RP) District shall be the same as those permitted in the underlying base district,except that no structures or construction activity of any kind, including but not limited to grading, are permitted. (c) Specific prohibition No construction activity, including but not limited to grading, on any major ridgeline so designated on the General Plan Map shall be allowed; more specifically, no construction activity, including but not limited to grading, shall be permitted within 200 feet (horizontal) of a General Plan designated ridgeline, or as designated on a final City subdivision map in accordance with required development conditions, except as allowed under subsection (e) Exemptions. - City of San Juan Capistrano Land Use Code 9-3-77 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (d) Applicability Notwithstanding the specific prohibitions set forth in subsection (c) above,exceptions may be granted in accordance with the following procedure: (1) An applicant may file an application for an exception with the Department of Planning Services. Said application shall be filed on forms and submitted with information as _- required by the department. (2) Applications shall be heard following public hearings pursuant to Section 9-3.335 - Public Hearing Procedures by the City Planning Commission. The Planning Commission shall forward its recommendation to the City Council for approval, conditional approval, or denial. - (3) Required findings. An application for an exception shall not be approved by the City Council unless the following findings can be made: (A) Proposedgrading does not encroach into a designated ridgeline except in those instances where an arterial roadway identified by the Circulation Element of the General Plan, or other required roadway as determined necessary by the City to protect the public health,safety and general welfare,or where necessary for — remedial grading. Special grading techniques are to be used to mitigate their impact and create a natural appearance with the contouring and blending of grades and landscaping with the existing topography; and/or (B) Any construction activity, including but not limited to grading, proposed to encroach into the 200-foot horizontal buffer adjacent to a designated ridgeline satisfies the following minimum criteria: (i) No structure, as defined by the Uniform Building Code, encroaches visually upon a designated ridgeline by interrupting its skyline profile as viewed by surrounding valleys, — (ii) Any construction activity, including,but not limited to grading, does not encroach upon the ridgeline profile and shall be contoured in such a manner as to provide a natural appearance. Said design as a minimum includes the use of variable slope gradients,rounding of tops and toes of slopes, blending of contours with the natural topography; and (C) The application is compatible with all provisions of the Conservation and Open Space Element of the General Plan. (D) Grading and construction will not occur in areas within or adjacent to the 200 — City of San Juan Capistrano Land Use Code 9-3-78 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards buffer where the approval of a final subdivision map required the dedication of open space areas. (e) Exemptions The following are exempt from the provisions of this section: (1) Previously-approved projects exempted. Any development proposal calling for the construction of a structure in a ridgeline area having already received approval, pursuant to the adopted regulations in effect at the time of approval, prior to enactment of this section shall be exempt. (2) Minor fences. Fences of an open agricultural nature may be permitted subject to approval by the Planning Director. (3) City open space projects. Open space projects of City-owned property that is subject to review under Section 9-2.337 Public Improvement Plans and Outside Agency Development Review. City of San Juan Capistrano Land Use Code 9-3-79 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards ARTICLE 5. SUPPLEMENTAL DISTRICT REGULATIONS Section 9-3.501 Accessory Uses and Structures (a) General requirements Accessory uses and structures may be developed as permitted in this section provided such uses are located on the same lot or parcel of land as the principal use, and such uses are incidental to, and do not alter, the use of land as permitted within the specific district in which they are located. _ (b) Accessory structures (1) Attached accessory structures. A fully-enclosed, attached accessory structure shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the principal structure.Open patio covers shall be regulated by subsection (d) of this :section. Decks shall be regulated by subsection (f) of this section. (2) Detached accessory structures. Detached accessory structures shall satisfy all of the following requirements: (A) Shall not exceed the height of the principal structure on the building site; (B) Shall conform to the front and side yard requirements of the applicable district; (C) Shall maintain a minimum separation of six (6) feet between the detached accessory structure and the main building; and (D) If less than 450 square feet in gross,floor area, the structure shall be located a minimum distance from the parcel's rear property line equal to the height of the structure. However, if the structure is 450 square feet or more in gross floor area, the structure shall conform to the same rear yard setback requirement as required for main buildings in the applicable district. (E) For detached fireplaces and landscape structures with a height less than six(6) feet, they shall maintain the minimum side yard setback for the district, and maintain a minimum five(5)foot rear yard setback if the height is greater than six (6) feet. Said structures shall comply with subsection (D) above. (F) Recreational play structures including swi ngs,playgrounds,etc.,shall maintain the same side yard setback for the district,with a minimum five (5) foot rear yard setback. _ City of San Juan Capistrano Land Use Code _ 9-3-80 November 15, 2002 Chaiyter 9.3 -Zoning Districts and Standards (c) Secondary dwelling units (1) Purpose. The purpose of this subsection is to provide for the creation of one new secondary dwelling unit consistent with the General Plan, on lots already containing a legally-created single-family detached unit in all residential districts where permitted. Said units shall be exempt from the calculation of General Plan density. (2) Conditionally permitted secondary units.A maximum of one (1)secondary residential dwelling unit may be created on a lot already containing one legally established single- family detached dwelling unit provided a conditional use permit is approved for each such secondary unit. No such unit may be created or occupied prior to such conditional use permit approval. Applications for such conditional use permits may be made only by the record owner or the owner's agent. The information and plans necessary to support the application shall be as determined by the Planning Director. (3) Detached, attached. Secondary dwelling units may be detached from, attached to, or integrated within the principal dwelling. (4) Development standards. Secondary dwelling units shall conform to the development standards for the zoning district in which they are located, including, but not limited -- to,setbacks, height, and minimum open area. (5) Unit size. Secondary dwelling units shall be no leas than 300 and no more than 1,000 square feet in gross floor area,provided the cumulative building square footage for the property does not exceed the maximum floor area ratio for the applicable district. (6) Parking. One (1) off-street covered parking space shall be provided, in accordance with the standards set forth in Section 9-3.535 Parking, for each secondary dwelling _ unit in addition to those required for the principal unit. Parking spaces for principal and secondary dwelling units shall be independently usable, and the use of one space shall not interfere with access to any other space. (7) Appearance. The design, materials, and overall appearance of the secondary dwelling unit shall be generally consistent with the principal unit. (8) Ownership.Secondary dwelling units shall remain under the same ownership as that of the principal dwelling and shall not be sold or owned separately from the principal dwelling. (9) Other requirements. Other requirements, in addition to those set forth in this subsection, may be imposed as a condition of the use permit approval if, in the judgment of the approving body, such measures are necessary to mitigate possible - adverse impacts of the secondary dwelling unit on the surrounding properties. City of San Juan Capistrano Land Use Code 9-3-81 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (d) Patio covers Patio covers may be erected as accessory structures in conjunction with the principal use on the building site subject to the following requirements: (1) A wholly enclosed covered patio shall maintaii7 the same yard requirements as set forth for the main structure. (2) An open patio cover may be erected within the required rearyard to a minimum of five (5) feet from the rear property line. Such seructure shall maintain the same front and side yards as required for the principal structure on the building site. (3) Patio covers located within the Planned Community(PC) District,Multiple Family - (RM) District, or Affordable Family/Senior Housing (AF/SH) District where individual lots for each residential units are not created shall be permitted only upon the approval of a site plan and building designs by the Planning Commission. Issuance of building permits shall be approved upon a finding of consistency with the Planning Commission approved plans. (e) Tennis courts The tennis courts permitted in the Agri-Business (A), Residential/Agriculture (RA), Hillside Residential (HR), Single-Family-40,000 (B.SE-40,000), Single-Family-20,000 (RSE-20,000),Single-Family-10,000(RS-10,000),Single-Family-7,000(RS-7,000),and - Single-Family-4,000(RS-4,000) districts shall conform to thefollowing development standards: (1) Location. No tennis court shall be permitted to encroach into the rear,side, or front yard setback. In addition,tennis courts shall be located no closer than forty(40) feet from any dwelling on an adjacent lot. (2) Grading.The total depth of fill area shall not exceed four(4)feet in height. The use of retaining walls to support this fill is prohibited. The total depth of cut area shall – not exceed twelve (12)feet in height,provided the cut slope or retaining wall is not visible from adjoining properties. Tennis courts shall not be located on areas where the natural slope is in excess of twenty-five (25) percent. — (3) Fences.The fencing around tennis courts shall riot exceed twelve (12) feet in height and shall be screened, unless otherwise approved by the Environmental Administrator. City. of San Juan Capistrano Land Use Code — 9-3-82 November 15, 2002 Cha,oter 9.3 -Zoning Districts and Standards (4) Lighting.The maximum height for tennis court lighting(fixture and pole) shall not exceed eighteen (18) feet.All such lights shall be shielded so as to confine all direct rays to the subject property and minimize spill-over outside of the tennis court area. (5) Required review. All tennis courts not requiring a conditional use permit shall be reviewed by the Environmental Administrator to determine compliance with the standards set forth in this subsection and to set conditions to minimize adverse impacts of tennis courts on nearby properties. Such conditions of approval may include such items as screening and landscaping. (f� Decks For purposes of this subsection, "decks" shall mean any platform construction more than thirty (30) inches above finished grade. Decks may be erected as accessory structures in conjunction with the principal use on the building site subject to the following requirements: (1) Attached decks (A) Setbacks: (i) Front yard setback. Attached decks shall conform to the front yard requirements of the applicable district. (ii) Side yard setback. If an attached deck is 450 square feet or more in gross floor area, the deck shall conform with the side yard requirement of the applicable district. If the attached deck is less than 450 square feet in gross floor area, the deck may extend into a side yard not more than forty (40) percent of the applicable district requirement or three (3) feet, whichever is greater. (iii) Rearyard setback. If an attached deck is less than 450 square feet in gross floor area, the deck may be located a minimum distance from the rear property line equal to the height of the structure from finish grade or a minimum of five (5) feet,whichever is greater. However, if the deck is 450 square feet or more in gross floor area,the deck shall conform to the same rear yard setback requirement as required for the principal structure in the applicable district. City of San Juan Capistrano Land Use Code 9-3-83 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (B) Attached decks over six(6)feet in height measured from finished grade shall not exceed forty(40) percent of the total length of the main building elevation to which it is attached. (2) Detached decks. Detached decks shall comply with the requirements for detached - accessory structures in subsection (b)(2) of this section. (g) Additional development standards for accessory structures in residential districts Accessory structures located in the 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-7,000), Single-Family-4,000 (RS-4,000), Residential Garden- 7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000), Multiple-Family (RM), Affordable Family/Senior Housing(AF/SH), and Planning Community (PC) districts shall be subject to the development standards for that district,as well as the following requirements: (1) Exterior sides which are to enclose the structure shall be finished with wood, stucco, masonry, or other material of similar texture and durability. (2) The roof material shall be wood shingle or shake,slate,tile,asphalt shingle,or other material of similar appearance, texture, substance, and durability. (3) Roof eaves and gables shall be no less than twelve (12) inches, measured from the vertical side of the unit,unless otherwise approved by the Planning Director or,upon referral, the Planning Commission. (4) Exterior finish colors for accessory structures shall be the same as the principal structure. (5) Prohibited materials. The following building materials shall not be used in the construction and finish of an accessory structure: (A) Exterior sides of accessory structures shall not use metal siding and/or exposed metal supports, cloth, canvas, plastic sheeting, corrugated fiberglass, or -- corrugated metal. (B) Roofs of accessory structures shall not use cloth, canvas, plastic sheeting, corrugated fiberglass, or corrugated metal. (C) The use of the above finish materials may be used upon review by the Planning Director and confirmation by the Planning Commission if it is determined that the material will have a finish appearance of either wood, stucco or masonry, _ or is used in such a manner that it is not'visible from any off-site properties. City of San Juan Capistrano Land Use Code _ 9-3-84 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards - (D) Accessory structures listed on the inventory of'historic and cultural landmarks and/or located in designated historic districts. Existing accessory structures located in a designated historic district or listed on the Ci y s inventory of historic and cultural landmarks shall be subject to all provisions of this section with the exception of prohibited building materials where said material is used as a finish material on an existing structure. (h) Exempted structures An "exempted structure" shall be subject to the following requirements: (1) Prefabricated sheds. Prefabricated sheds with a projected roof area of 120 square feet or less are exempt from the provisions of this section. (2) Awnings.Awnings that use prohibited materials shall be permitted if they meet the following provisions: (A) In all residential districts where the awning is structurally attached to the principal permitted structure and does riot extend more than fifty-four (54) inches from the wall surface to which it is attached. (B) In all non-residential districts where the awning is structurally attached to the principal permitted structure shall be subject to review and approval by the Planning Commission and/or Planning Director per applicable provisions of this title. (i) Accessory structures with prohibited materials Any existing legal-nonconforming accessory structure with prohibited materials shall be subject to Section 9-3.533 Nonconforming Uses, Lots, and Structures. Section 9-3.503 Adult Oriented Business (a) Purpose and intent Special locational regulations and operational standards of adult-oriented businesses are necessary to ensure that the secondary adverse effects caused by the operational characteristics will not contribute to the blighting or downgrading of the surrounding neighborhoods, nor the concentration or clustering of such businesses in any area. City of San Juan Capistrano Land Use Code 9-3-85 November 15, 2002 (:hapter 9.3 -Zoning Districts and Standards (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: (1) Adult bookstore; (2) Adult hotel or motel; (3) Adult mini-motion picture theater, adult motion picture arcade, adult motion picture theater; _ (4) Adult cabaret, nightclub theater or other establishment which features live performances where such performers are distinguished or characterized by an - emphasis on specified sexual activities or specified anatomical parts; (5) Encounter center or rap studio as defined in Appendix "A" of the this Land Use Code; or (6) Adult model studio. (c) Establishment Adult-oriented businesses may be established as a principal permitted use in those districts so identified under Article 3 Base District Regulations/Standards of this chapter. Said establishment of use shall be subject to the following locational and design standards: (1) The adult-oriented business shall not be located within three hundred(300)feet of any _ residential zone or use unless the proposed location of the adult-oriented business is physically separated from the residential zone or residential use by a freeway or storm drainage channels for Trabuco and San Juan Creeks. (2) The adult-oriented business shall not be located within three hundred (300)feet of any lot upon which there is properly located a public park,school (public or private) or religious institution, unless the proposed location is physically separated from the public park, school or religious institution by a freeway or storm drainage channels for Trabuco and San Juan Creeks. (3) The adult-oriented business shall not be located within 1,000 feet of any other adult- oriented business. (4) The adult-oriented business shall provide one parking space per occupant as based upon the maximum occupancy as determined by the building official. Said off-street parking area and the premises entries shall be illuminated from dusk to closing hours of operation with a lighting system consistent with the design provision of Section City of San Juan Capistrano Land Use Code _ 9-3-86 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards 9-3.529 Lighting Standards which provide, an average maintained horizontal illumination of one footcandle of light on the parking surface and all walkways. (5) The adult-oriented business shall be located completely within a permanent building affixed with a foundation to the ground. (6) The exterior of the building including windows and entrances shall be designed to prohibit the observation of any materials or activities depicting,describing or relating to any speci ied sexual activities or spec f ed anatomical parts from any location outside the establishment's building. This provision shall preclude any display, decoration, sign (excepting the name of the facility), show window or other opening. - (7) The adult-oriented business premises shall provide sufficient sound-absorbing insulation so that noise generated inside the pr;mises is not audible anywhere on any adjacent property or public right-of-way or within any other building or other separate - unit within the same building or other buildings located on the same property. (8) All interior areas of the premises within which patrons are permitted (except restrooms) shall be open to an unobstructed view with the naked eye, and without the aid of any cameras, mirrors or other devices by the management at all times. (9) An interior floor plan shall designate all areas of the establishment that patrons or visitors are permitted, along with areas that are to be restricted to employees' use only. (10) Separate restroom facilities shall be provided for patrons/visitors and employees.These separate facilities shall include separate restrooms for male and female patrons and separate restroom facilities for male and female employees.The restrooms shall be free from any sexually oriented material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. City of San Juan Capistrano Land Use Code 9-3-87 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (11) All areas of the adult-oriented business shall be illuminated at the following minimum footcandle levels: _ Adult-Oriented Business Minimum Footcandles .Bookstores and other retail 20 establishments Theaters and cabarets 5 (except during performances, at which times lighting shall be at least 1.25 footcandles) Adult Arcades 10 Motels/hotels 20 (in all public areas) Modeling/rap studios 20 (12) All live performance areas shall be upon a stage at least eighteen (18) inches above the level of the floor which shall be separated by a distance of at least ten (10) feet from the nearest area designated for patrons and visitors. This ten (10) foot separation will be restricted to employees only while the stage is occupied by a performer. (13) Separate dressing facilities shall be provided and exclusively dedicated for the use of performers. (14) Access for performers between the stage and the dressing rooms shall be completely separated from the patrons. (15) The business shall provide an entrance/exit for performers and employees which is completely separate from the entrance/exit used by patrons. (16) Fixed rail(s)at least thirty(30) inches in height shall be maintained establishing the separations between performers and patrons required by this subsection. (d) Operational standards Adult-oriented businesses and adult-oriented business performers shall comply with the following operational standards. Failure to comply with.these operational standards may be cause for suspension or revocation of the adult-oriented business permit and/or the adult- -- oriented business performer permit. (1) No performer, either before, during or after performances, shall have physical contact with any patron and no patron sha.11 have physical contact with any performer either before, during or after performances by such performer. This City of San Juan Capistrano Land Use Code 9-3-88 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards section shall only apply to any physical contact on the premises, including the parking lot of the adult-oriented business. (2) No patron shall directly pay or give any gratuity to any performer. (3) No owner or other person with managerial control over the adult-oriented business (as that term is defined by the Municipal Code) shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque coverage, and/or the - female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernible turgid state.This provision may not be complied with by applying an opaque covering simulating the appearance of - the specified anatomical part required to be covered. (4) Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety based upon the following standards: - (A) Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupant limit of the premises is greater than thirty-five (3 5)persons,an additional security guard shall be on duty. One additional security guard shall be added for each additional increase in occupancy of thirty-five (3 5)persons. (B) Security guards for other adult-oriented businesses shall be required at a ratio of one guard for every 100-person occupancy limit. (C) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the: requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. (5) Adult-oriented businesses shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day. (6) All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms,shall be open to an unobstructed viewwith the naked eye Aithout the aid of any cameras,mirrors or other devices from a manager's station located in the public portion of the establishment by the management at all times. City of San Juan Capistrano Land Use Code 9-3-89 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (7) The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Planning Director or designated representative. No person under the age of eighteen (18) years shall be permitted within the premises at any time. (8) No patron is permitted access to any area of the premises which has been designated _ as an area in which patrons are not to be permitted. (9) Adult-oriented businesses that have individual viewing areas shall comply with the -- following: (A) The view area shall remain unobstructed by any doors, walls, merchandise, display racks, or other merchandise and shall be visible at all times by management as specified by subsection (d)(6), above. (B) No individual viewing area may be occupied by more than one person at a time. (C) The walls or partitions between individual viewing areas or booths shall be maintained in good repair at all times,with no holes or other openings in any wall or partition of any individual viewing.area such as to allow physical contact through a partition between the occupant of any such individual viewing area and a person on the outside.All individual viewing areas shall be separated from other individual viewing areas by a five (5) foot buffer. (D) Customers,patrons,or visitors shall not be allowed to stand idly by the vicinity of any such individual viewing area or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser — viewing.Signs prohibiting loitering shall be posted in prominent places in and near the video booths. (E) The floors, seats, walls and other interior portions of all individual viewing areas shall be maintained clean and free from waste and bodily secretions. (10) Everypermittee of an adult-oriented business which provides live entertainment depicting spec f ed anatomical parts or involving specified sexual activities, must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any sheriff's deputy or health �fficer retained as an employee by the City. -- City of San Juan Capistrano Land Use Code 9-3-90 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards (11) Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of Title 5, Chapter 27 of the Municipal Code for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business. (12) Each adult-oriented business performer required to have a permit shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business. __. (13) It shall be unlawful for any permittee,operator,or other person in charge of any adult- oriented business to employ,or provide service for which it requires such permit,to any person who is not at least eighteen (18) years of age. (14) It shall be unlawful for any adult-oriented business permittee, adult-oriented business operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least eighteen (18) years of age. (15) It shall be unlawful for any adult-oriented business owner, adult-oriented business operator, manager, or adult-oriented business permittee in charge of or in control of an adult-oriented business which provides live entertainment depicting spec f ed anatomical parts or involvingspecifr'ed sexual activities to allow any person to perform such entertainment who is not in possession of a valid,unrevoked adult-oriented business — performer permit. (16) An applicant or permittee shall permit representatives of the Sheriff's Department, Orange County Environmental Health Department,Orange County Fire Authority, Department of Planning Services,or other City Departments or Agencies to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses,at any time it is occupied or opened for business.A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. (17) The provisions of the section regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council. City of San Juan Capistrano Land Use Code 9-3-91 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Section 9-3.505 Affordable Housing Requirements (a) Purpose and intent The purpose and intent of the affordable housing requirements in this section are to achieve - the following: (1) To create affordable housing requirements to facilitate the development of residential housing opportunities for low and very low income senior/households within the Ciy; (2) To comply with state law to provide twenty-five (2 5) percent densi y bonuses for the creation of affordable housing projects which guarantee accessibility of housing for — qualified low and very low income seniors and households for ten (10)years; (3) To complywith state law to provide density bonuses and an additional incentive for the creation of affordable housing projects which guarantee long-term(thirty(30)years) accessibility of housing for qualified low and very low income seniors and households; (4) To establish development criteria to ensure that the design of affordable senior and household housing projects are consistent with the City's General Plan Community Design Element and Architectural Guidelines. (b) Affordable housing policies City policies aimed at achieving the purpose and intent of this section are as follows: (1) Development restrictions. Development should be designed to be compatible with adjacent uses and to promote high quality affordable housing projects within all zone districts. (2) Materials and design. Materials and design shall be of high quality and architectural design and should be consistent with other City design standards. (3) Affordable Housing In-lieu Fees. In-lieufees shall be collected pursuant to Section 9-5.103 Housing In-lieu Fee to facilitate the development of affordable housing opportunities. (c) Density bonus description (1) The Density Bonus program is hereby created to permit affordable senior/household residential units subject to Ciy Council approval of a density bonus permit in the following districts: City of San Juan Capistrano Land Use Code 9-3-92 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (A) Hillside Residential(HR),Single-Family-.10,000(RS-10,000),Single-Family- 7,000 (RS-7,000), and Single-Family-4,000 (RS-4,000); (B) Residential Garden-7,000 (RG-7,000) and Residential Garden-4,000 (RG- 4,000); (C) Multiple-Family (RM) and Affordable Family/Senior Housing (AF/SH); (D) Mobilehome Park (MHP); (E) Tourist Commercial(TC),General Commercial(GC),and Office Commercial (OC); (F) Specific Plan/Precise Plan (SP/PP); and (G) Planned Community (PC). (d) Density bonus - Ten (10) years affordable housing program description (1) Applicability of density bonus. To qualify for a density bonus the application must meet the following criteria: (A) At least twenty(20) percent of total units must be affordable to qualified low income and an additional ten (10)percent of the units must be affordable and available to qualified very low income households; or (B) At least fifty (50) percent of total units :must be affordable and available to qualified low and very low income seniors (sixty-two (62) years of age or older); (C) All of the above designated units must have ten (10) year affordability agreements recorded against the property. (D) The densly bonus shall be as calculated as (General Plan Density) X (Density Bonus of 1.25) = Number of Maximum 'Llnits per Acre Permitted. (e) Density bonus/additional incentive - Thirty (30) years affordable housing program description (1) Applicability of density bonus and additional incentive. To qualify for use of the a densiy bonus and additional incentive the following criteria apply: (A) At least twenty(20)percent of total units must be affordable by qualified low income and an additional ten (10) percent of the units affordable to qualified - CiV of San Juan Capistrano Land Use Code 9-3-93 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards very low income households; or (B) At least fifty(50)percent of total units must be affordable to qualified low and very low income seniors (sixty-two (62) years of age or older); (C) All of the above designated units must bye insured continual affordability for thirty (30) years by execution of an affordability agreement recorded against the property. (2) Densiy bonuses with an additional incentive shall be granted using the following — formula used to determine permitted number of units: The number of units that can be considered for any eligible property shall be determined using the following formula and numbers provided in Table 3-17 below: (General Plan Density) X (Density Bonus of 1.25) X (Average Unit Size per District) divided by(Proposed Unit Size) = Number of Maximum Units per Acre Permitted. Table 3-17 Density Bonuses with an Additional Incentive Formula Zone Average General Plan Density Unit Size HR, RS-10,000, RS-7,000, and RG- 2,000 Per General Plan Density 7,000 RS-4,000 and RG-4,000 1,500 Per General Plan Density RM,AF/SH 1,200 Per General Plan Density TC, GC,and OC 2,000 Per predominate/adjacent General Plan Density PC SP/PP varies Based upon a floor area ratio of 0.40 (� Application review process All applications shall be reviewed in accordance with the provisions of Title 9 of the Municipal Code. The City Council, upon recommendation by the Planning Commission, shall make a positive finding for each of the following categories before approving an application: (1) General plan consistency.A finding that the project application is consistent with the General Plan Land Use Element if the intensity of development is in compliance with the design standards as outlined in Table 3-17. Findings of inconsistency with other elements shall be restricted to specific areas of - City of San Juan Capistrano Land Use Code - 9-3-94 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards demonstrated public health and safety hazards to future residents of the proposed development. (2) Municipal Code consistency.A finding that the project application is consistent with - design criteria herein as well as meeting all other provisions of this Title 9. (3) Potential adverse impacts on adjacent properties.A finding that the project does not have an adverse impact upon the surrounding properties that can not be reduced or minimized by a design change or condition regulating the project's operation. (4) CC & R. A finding that the CC &A have included the provisions and terms of affordability as drafted in the affordability agreement for the project. (g) Information to be submitted with project application for affordable family/senior housing developments processed with orwithout a density bonus In addition to the materials required to be submitted with project applications pursuant to Article 3 Development Review Procedures of Chapter 2 of this title,thefollowing items shall be submitted for review of any project subject 1_0 this section: (1) Draft affordability agreements guaranteeing afi'ordability for minimum often (10) or thirty (30) years, whichever is applicable. Said agreements shall contain the following information: (A) In the case of for-sale housing developments,the affordability agreement shall provide for the following conditions governing the initial sale and use of target -- units during the use restriction period: (i) Target units shall, upon initial sale or subsequent sale within the use restriction period) be sold to eligible very low or lower income households at an a�ordable sales price and housing cost, or to qualified residents(i.e.maintained as a senior citizen housing development)as defined by this chapter. (ii) Target units shall be owner occupied by eligible very low or lower income households during the use restriction period, or by qualified residents in the case of a senior citizen housing development. (iii) The initial owner or subsequent owners of target units, excluding senior citizen housing developments, shall grant the City right of first refusal to purchase the target units during the use restriction period. A subsidy recapture provision,with a repurchase option to maximize the potential for purchase by very low or lower income households will be utilized to maintain the use restriction. The City reserves the right to purchase the City of San Juan Capistrano Land Use Code 9-3-95 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards target units or delegate its purchase authority to another governmental entity or qualified nonprofit housing development corporation during _ the use restriction period. (B) In the case of rental housing development the affordability agreement shall - provide for the following conditions governing the use of target units during the use restriction period: (i) The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants; (ii) Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter, _r (iii) Provisions requiring owners to submit an annual report to the City which includes the name, address, and income of the each person occupying target units,and identifies the number of bedrooms and monthly rent or cost of each target unit. (iv) Occupancy limitations shall be included which limit occupancy of rental units to the formula approved by the United States Department of Housing and Urban Development. (v) Prohibition of sub-leasing of target units. (C) All affordability agreements shall contain the following: (i) Total number of units approved for the housing development,including the number of target units; (ii) The location,unit sizes in square feet,and number of bedrooms of target units; (iii) Tenure of use restrictions for target units of at least ten (10) or thirty (30)years, in accordance with this chapter; _ (iv) Schedule for completion and occupancy of target units; (v) A description of remedies for breach of the agreement by either party (the City may identify tenants as third party beneficiaries under the agreement); and (vi) Any other provisions required by the Planning Director to ensure implementation and compliance with this chapter. City of San Juan Capistrano Land Use Code 9-3-96 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (D) Said affordability agreements must contain a pro-forma analysis to demonstrate per unit cost of construction if assistance is requested. (E) The affordability agreement shall be adopted as an attachment to the CC&R for the project. (h) Environmental review Environmental review shall be carried out in accordance with the California Environmental -- Quality Act, and where possible, required development review processing will be expedited. (i) Senior/household affordable housing program development standards The following standards shall be used in the design of all qualified projects: (1) Height. Units shall not exceed two (2) stories in height as measured from average finished grade. (2) Parking. Parking requirements shall be as follows: (A) Senior housing (sixty-two (62) years of age or older): one covered space per unit, plus one space per each ten (10) unitsfor visitor parking. (B) Non-senior/household housing:two(2)spaces per unit,one of which must be covered, plus one space per each two (2) units for visitor parking. (C) All structures shall have a minimum setback of twenty (20) feet from all project boundaries. (3) Senior housing (sixty-two (62)years of age or older) (A) Drop-off areas are to be located at key access points around the project. (B) Traversing paths shall have an easy grade (1:18)with resting spots to provide for comfortable retreat and exercise. (C) There shall be lighting for steps, ramps, curb cuts, and potentially hazardous areas. (D) Doorways shall be wide enough for a single wheelchair to pass. (E) Paved surfaces should be non-slip and non-glare. City of San Juan Capistrano Land Use Code 9-3-97 November IS, 2002 Chapter 9.3 -Zoning Districts and Standards Section 9-3.507 Antennas (a) Purpose and intent This section provides standards for the development of communication systems and their support components in San Juan Capistrano. The standards are intended to balance rights and privileges granted under federal statutes with the need to ensure a quality community aesthetic.To maintain the aesthetic quality of San Juajn Capistrano,co-location of cellular, pcs, or other wireless antennas is encouraged by the City. (b) Antenna regulations (excluding amateur radio antennas) This subsection addresses the regulation of all antennas except for amateur radio antennas, — which are addressed in subsection (c) of this section. (1) Video and radio antennas (A) Allowable video and radio antennas. The following antenna are allowed in all districts subject to subsection (b)(1)(C) Development standards of this section and subsection (b)(3) Design standards of this section: (i) Common skeletal radio and television antennas,excluding amateur radio, used to receive UHF, VHS, AM and FM which do not extend higher than twelve (12) feet above the roofline of the main building. (ii) Dish antennas that are one (1) meter or less in diameter and do not extend higher than twelve (12) feet above the roofline of the main building. (iii) Antennas designed to receive videe programming services via MMDS (wireless cable) of one (1) meter or less in diameter or diagonal measurement which do not extend higher than twelve (12) feet above the roofline of the main building. (B) Conditional uses.Antennas described in subsection(A)of this subsection exceeding -- twelve (12) feet in height above the roofline of the main building are subject to Conditional Use Permit review pursuant to Section 9-3.317 Conditional Use Permit. A finding that the additional height is necessary to receive an adequate signal and that the public safety will not be negatively affected is required for approval of the Conditional Use Permit.Antennas with an approved Conditional Use Permit are subject to subsection(b)(1)(C)Development standards of this section and subsection (b)(3) Design standards of this section City of San Juan Capistrano Land Use Code _ 9-3-98 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (C) Development standards. Table 3-18 identifies the developments standards applicable to all video and radio antennas located in the City. Table 3-18 Video and Radio Antenna Development Standards (Excluding Amateur Radio Antenna - Zone Development Standards Residential Commercial Industrial/All Other Zones Restriction on Location No antenna or its supporting structure shall be located in the area between the front property line and the main structure or building. Permitted Location Rear or side yard, except Rear or side yard, except Rear or side yard, except street side. street side. street side. Distance from Property Side yard setback for district and at least 5 feet from the back property line. Line(minimum) Maximum Permitted 12 feet higher than the roofline. (a) Height Maximum Number of 2 Antennas per Lot (including telecommunication and amateur radio antennas) Roof-mounted Antennas Only when required for Yes, if mounted on flat Yes, if mounted on flat Permitted? adequate signal reception, portion of roof with portion of roof with parapets or other screening parapets or other screening that matches structure that matches structure architecture. architecture. Note: (a) Unless a Conditional Use Permit is approved. A variance is not required if the allowable antenna height exceeds the maximum height allowed in the base district. (2) Telecommunication antennas and facilities (A) Conditional uses. All telecommunications antennas and facilities, including cellular, pcs, and other wireless telecommunication services, are a comparable mobilehome park for all districts, subject to Conditional Use Permit review and approval, as specified in Section 9-2.317 Conditional Use Permit. Telecommunications antennas and facilities will only be conditionally allowed in residential districts when the applicant can prove that the facility is required for adequate signal reception. All telecommunications antennas and facilities are subject to subsection (b)(2)(B) Development standards, of this section and subsection (b)(3) Design standards, of this section. - (B) Development Standards. Table 3-19 identifies the developments standards applicable to all telecommunication antennas and facilities located in the Ciy. City of San Juan Capistrano Land Use Code 9-3-99 November 15,2002 Chapter 9.3 -Zoning Districts and Standards Table 3-19 Telecommunication Antennas and Facilities Development Standards Development Industrial/All Other Standards Residential Commercial Zones Location In District Only allowed when Minimum set back of 300 Minimum set back of 300 required for adequate feet from any residential feet from any residential signal reception. zone. zone. Restriction on Location No telecommunications antenna or its supporting structure shall be located in the area between the front property line and the main structure or building. .Permitted Location on Rear or side yard, except Rear or side yard, except Rear or side yard. .Property street side. street side .Distance from Property Side yard setback for Side yard setback for Side yard setback for .Line (minimum) district and at least 5 feet district and at least 5 feet district and at least 5 feet from the back property from the back property from the back property line. line. line. --- (3) Design Standards (A) Design Standards. All antennas, excluding amateur radio antennas, including guy wires, supporting structures, and accessory equipment, shall be located and designed to minimize their visual impact as viewed from surrounding properties and public streets. The following minimum design standards shall apply: (i) Material used. All antennas and supporting structures or components shall be of non-reflective,glare-reducing materials. Colors and materials for antennas and their components shall be chosen to minimize visibility and to match or blend with the primary background. (ii) Screening. All telecommunications antennas and facilities, including cellular, pcs, and other wireless communications antennas, shall be designed to blend with the surrounding environment and to be as unobtrusive as possible. Screening shall be provided in the form of fencing, landscaping, structures, or Parapets integral to the building, as shown in Figure 3-2. Such screening and maintenance shall be provided to the satisfaction of the Planning Director. (iii) Multiple-use facilities. Antennas may be integrated into existing or newly developed facilities and structures that are functional for other purposes, such as ballfield lights, flag poles, and clock towers. All multiple-use facilities shall be designed to camouflage the antennas,as shown in Figure 3-1. _ City of San Juan Capistrano Land Use Code 9-3-100 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Ball Field Lights Antennas Figure 3-1 Multiple-Use Facilities Antenna (iv) Building-mounted antennas. Building-mounted antennas shall be integrated into the architecture of the building or structure, or be designed to be visually integrated with the host structure, as shown in Figure 3-2. Antennas Building Figure 3-2 Building-Mounted Antennas (B) Performance Standards The following regulations shall apply to the establishment, installation, and operation of all antennas, excluding amateur radio antennas, in all districts: - (i) Telecommunications facilities shall be located no closer to existing or other approved telecommunication facilities than the minimum distance City of San Juan Capistrano Land Use Code 9-3-101 November 15, 2002 (:hapten 9.3 -Zoning Districts and Standards necessary to provide adequate service. (ii) Antennas shall use the smallest and least visually intrusive antennas and components that meet the requirements of the facility. (iii) No advertising materials shall be allowed on any antenna. (iv) Underground electrical wiring. All electrical wiring associated with any antenna shall be buried underground or otherwise hidden in a manner acceptable to the Planning Director. (v) Projection. No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires may be attached to the building, but shall not be anchored within any front yard area. (vi) Adequate grounding. Every antenna must be adequately grounded with a ground wire for protection against a direct strike of lighting in a manner acceptable to the Building Official. (vii) Maintenance. All screening elements including building and landscape elements shall be maintained in a safe and structurally sound condition consistent with approved plans. (c) Amateur radio antenna regulations (1) The following regulations shall apply to amateur radio antennas.These regulations shall not preclude enforcement by homeowner associations or private parties of Covenants, Conditions and Restrictions (CCBzR), Declaration of Restrictions, or any other private contracts or agreements between parties. Amateur radio antenna permit applications shall be approved administratively by the Planning Director provided the antennas meet the criteria and development standards contained in this section. (2) Amateur radio antenna development standards. Amateur radio antennas, structures, ~' and masts that comply with the development standards specified in this section are permitted, subject to issuance of an antenna permit from the Planning Department and any other applicable City permits (i.e. building permit, etc.). The development standards criteria regulating height,setbacks,location, and maximum number of antennas are set forth in Table 3-20. Other additional requirements include: City of San Juan Capistrano Land Use Code — 9-3-102 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-20 Amateur Radio Antenna Regulations for All Districts Maximum Setbacks Ground-Mounted Roof-Mounted I Finish Height Location Location Ground-Mounted: Front: Reoryard only. Shall be located All antennas Retractable antenna support Prohibited. rear of center line visible from off- structure fully extended Antenna support of main structure. site shall be in a including antenna(s) from Side: structures may be finish deemed finish grade: 75 Antenna support located in a required unobtrusive to structures shall rearyard and shall be the Antenna support structure for comply with located as far neighborhood vertical whip antenna(s): setbacks for accessory forward as possible where located, as Maximum 35 height at structures. from rear property determined by base with maximum Overhangs, line.Antenna support the Planning antenna height of 55 projections, structure shall be no Director. arrays, and guy closer than 20' from Antenna support structures for wires shall any neighboring array antennas in excess of maintain a residential structure. 35 shall be retractable to minimum setback 35'when not in use. Base of 5'. For corner All ground-mounted of vertical whip antenna shall lots, overhangs, antennas shall be not exceed 35' with projections, screened from maximum antenna height of arrays,and guy neighboring 55' from finish grade. wires shall properties and streets maintain a by walls,fences or Antenna support structures and minimum 10' landscaping at least _ antennas exceeding the side yard setback 6' in height to above height limits are closest to any obscure visibility at subject to approval of an adjacent street ground level from exception.An exception or and/or parkneighboring variance is not required if (whichever results properties, the above height limitations in least visual Landscaping shall be a exceeds the maximum impact). type and variety height allowed in the base capable of obscuring district.All array antennas Rear: the visibility of the must be ground-mounted. Ground-mounted antenna within one antenna support year. The screening Roof-Mounted: structures shall be requirement may be - .Array antennas prohibited. located as far reduced if For vertical whip antennas, forward as landscaping inhibits base shall not exceed 35', possible from rear the antenna's with 55'maximum antenna property line.A reception window, height from finish grade. minimum setback as determined by of 5'shall be the Planning Director. 'Vertical whip antennas with maintained for a base height exceeding 35' overhangs, and/or a maximum antenna projections, height greater than 55'are arrays, and guy subject to approval of an wires. Exception. City of San Juan Capistrano Land Use Code 9-3-103 November 15,2002 Chapter 9.3 -Zoning Districts and Standards Table 3-20 Amateur Radio Antenna Regulations for All Districts Radio Other Max. No. of Signs Frequency Wiring Requirements Antennas (RF) Radiation No sign, flag, or lights of No transmitting All electrical and Ground-mounted Maximum of 3 antenna or facility, antenna wiring shall antennas shall not as follows: any kind shall be posted or displayed on any antenna. except as be encased in tubing reduce the area -- categorically or other devices required for One antenna excluded by the acceptable to the parking, internal support structure FCC, shall exceed Planning Director circulation, or with maximum the radio and/or concealed to other development extended height frequency(RF) the maximum standards in the of 75', radiation limits extent feasible to City's Municipal retractable to 35' established by the minimize visual Code. when not in use. ANSI/IEEE for an impact. "uncontrolled All antennas shall Two additional environment." be permanently antenna support The applicant shall mounted, and no structures for be responsible for antenna may be vertical whip providing installed on a antennas with the evidence of portable or base at a compliance with movable structure. maximum height applicable of 35and a standards. maximum antenna height of 55'from finish grade. (A) License requirement.An applicant for an amateur radio antenna shall possess a valid amateur radio license issued by the FCC.A copy of the amateur radio license shall be required upon submittal of an antenna permit application to the City. (B) City permit requirement. Prior to installation or modification of an amateur radio antenna, an applicant shall obtain: (i) Approval of a permit for the antennc from the Department of Planning Services; (ii) A City building permit, if required by the Building Official, and shall comply with all applicable regulations imposed by the Building and - Engineering Department. (3) Administrative approval of antenna permit. The Planning Director shall prescribe the type and form of information required to process an administrative amateur radio antenna permit. The administrative permit shall be processed according to Section 9-2.303 Administrative Approvals. (4) Emergency services. Upon permission by the amateur radio operator, the City will City of San Juan Capistrano Land Use Code 9-3-104 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards include the individual's name, address, and contact numbers on an emergency resource volunteer list for inclusion in the City's emergency plan. (5) Antenna maintenance. All property owners must maintain their antennas to the minimum levels of maintenance care as set forth below: (A) Finish. The antenna finish shall be maintained in such a manner that its appearance is unobtrusive and blends with the neighborhood in which it is located.Any conditions relating to antenna finish imposed by the City shall be maintained consistent with the condition of permit approval. (B) Screening. All landscaping required by the City to provide screening shall be maintained in a healthy condition free of dead, decayed, overgrown, or discarded plant material.The type and location of landscape material shall be maintained consistent with the permit approval. (C) Mechanical/structural.All mechanical,structural,and moving parts of the antenna support structure and/or antennas (including wires, projections, and array elements)shall be maintained in good working order and in a safe appearance. (d) Nonconforming antennas All nonconforming antennas lawfully constructed and erected prior to the effective date of the ordinance codified in this section are subject to Section 9-3.533 Nonconforming Uses, Lots, and Structures. (e) Abandonment (1) All approvals for antenna facilities shall be in effect only while the facilities are being operated on a continual basis. When the use is replaced or discontinued for a period of 180 days, the approval shall lapse, and the operator or property owner shall be required to remove the facility and all associated equipment, and to restore the property to its original or otherwise acceptable condition,subject to the approval of the Planning Director. (2) For all antenna facilities requiring a Conditional Use Permit, a faithful performance bond to ensure the removal of abandoned facilities shall be posted prior to the issuance of building permits in accordance with Section'9-5.101 Fees,Deposits,and Bonds. City of San Juan Capistrano Land Use Code 9-3-105 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (f) Compatibility of regulations Notwithstanding the regulations contained in this section, the provisions of this Code shall comply with the regulations of the Federal Communications Commission, as may be amended, that apply to antennas. Section 9-3.509 Bed and Breakfasts (a) Purpose and intent The City finds and determines that the purpose and .intent of this section is to: (1) Preserve and maintain structures within the City of historic,architectural,and cultural significance and allow for the adaptive reuse for economic benefit in such structures including bed and breakfast establishments; _ (2) Promote and enhance the City's economic health,in particular the tourism industry, by providing for the development of alternative visitor accommodations; (3) Assure that the development of bed and breakfast establishments is accomplished in an appropriate manner and is compatible with existing development, in particular single-family residential neighborhoods; (4) Assure that bed and breakfast establishments are operated and maintained in such a manner so as to be conducive to protecting the health, safety, and general welfare of City residents and visitors to the community. (b) Land use regulations (1) Bed and breakfast establishments may only be developed within a structure which has been listed on the "Inventory of Cultural and Historic landmarks," or designated as a State Historic Landmark or as a National Historic Landmark. In such cases,conditional use permits will be subject to review and recommendation by the Cultural Heritage Commission. (2) The development of any bed and breakfast establishment shall be subject to approval of a conditional use permit by the Planning Commission as provided by Section 9-2.317 Conditional Use Permit.Such uses shall be required to demonstrate compliance with all provisions contained within this section as well as other applicable sections of the title. f (3) Site development and architectural alterations. No building alterations/additions shall be permitted which detract from the architectural significance of the structure. City of San Juan Capistrano Land Use Code 9-3-106 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards All exterior building alterations and site development shall be subject to development review as provided under Section 9-2.313 Architectural Control Review. Furthermore, exterior building alterations shall be consistent with the criteria established by the Secretary of the Interior's"Standards for Rehabilitation." (c) Development standards Bed and breakfast establishments shall comply with the following standards: (1) Off-street parking. Off-street parking shall be.provided at the rate of two (2) spaces for the resident manager and one space for each guest room.The design and location of entrances and off-street parking shall be consistent with the provisions of Section 9-3.535 Parking. Guest parking shall be situated to the rear or sides of the principal structure. (2) Signs. Bed and breakfast establishments shall be limited to one externally-illuminated sign not exceeding eight (8) square feet in area and will be reviewed as part of the development review process. The materials and design of signs shall be compatible with the architectural style of the principal structure. Signs shall not be situated within the required setbacks of the district in which the establishment is located. (3) Number of rooms. The maximum allowable number of rooms will be determined by the Planning Commission as part of the conditional use permit process. (4) Significant site features. The Planning Commission,as a condition of approval,may require the preservation and maintenance of sig lificant features includinglandscaping or historic, architectural, or cultural features of the structure or property. (d) Operational standards (1) Board accommodations. Guest rooms shall not be provided with kitchens nor similar food preparation facilities. Establishments may provide complete boarding for guests only. However, if the zone district in which the establishment is located allows restaurant uses, such uses may be permitted in conjunction with the bed and breakfast use. (2) Guest term. Guests may be permitted to stay within a single establishment not more than fourteen (14) continuous days during any given thirty (3 0) day period. (3) Resident manager. The manager of the bed and breakfast establishment shall reside within the bed and breakfast structure and the primary use of the structure shall be residential. The manager may be the property owner or person retained by the property owner for the specific purpose of managing the bed and breakfast - establishment. City of San Juan Capistrano Land Use Code 9-3-107 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (4) Time share facilities.Time share facilities shall be prohibited within bed and breakfast establishments. (5) Weddings. Weddings, wedding receptions, and similar activities shall only be _ permitted subject to the approval of a conditional use permit by the Planning Commission, pursuant to Section 9-2.317 Conditional Use Permit. (e) Public health requirements (1) Health permit. Bed and breakfast establishments and restaurants in conjunction with such establishments shall be required to comply with the Orange County Health Department provisions and secure any necessary permits prior to the conditional use permit becoming effective. (2) Fire and life safety.Guest rooms shall be provided with a smoke detector,hand-held fire extinguisher, and evacuation plan subject to the review of the Orange County Fire Authority. The City may require the installation of a sprinkler system or other appropriate safety measures on the recommendation of the Orange County Fire Authority. Section 9-3.511 Caretaker Residences Caretaker residences may be developed as permitted in specific district per this chapter for the exclusive use of personnel employed for the maintenance and security of the principal use,subject to the following provisions: (a) Outside the Floodplain Management District (1) Permanent caretaker residences located outside the Floodplain Management District are subject to the following requirements: (A) Must be listed as a permitted use in the applicable district. (B) Must meet all yard setback requirements of the applicable district. (b) Within the Floodplain Management District All caretakers residences situated within the Floodplain Management District shall comply with the provisions of Section 9-3.405 Floodplain Management (FM) District as well as the provisions established by this section. City of San Juan Capistrano Land Use Code 9-3-108 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards (c) Temporary caretaker residences Temporary caretaker residences are subject to Section 9-3.553 Temporary Uses and Structures. Section 9-3.513 Dust Control (a) Unlawful nuisances No person may willfully make or maintain,or cause to be made or maintained,any unusual and unnecessary dust which causes discomfort or annoyance to any person of normal sensitivities.Standards which may be considered in determining whether a violation of this subsection exists may include, but not be limited to the following factors: (1) The intensity of the dust; (2) The origin and composition of the dust; (3) The proximity to residential areas; (4) The duration of the dust,whether continuous or intermittent; (5) Whether the dust is produced by commercial or noncommercial activities; and (6) The presence of other contributing factors. - (b) General requirements Any person engaged in the construction, repair, remodeling, grading, excavating, or landscaping of any real property, as a minimum precaution and as a preventative measure, shall be required to do the following: (1) The site, and the areas traversed or used by vehicles, including trucks and other equipment and machinery,shall be sprayed and watered sufficiently to suppress dust penetration at all times. (2) All such vehicles and equipment shall travel along established and properly watered - roadways at all practicable times. (3) All vehicles hauling dirt or other particulate material shall be sprayed prior to their leaving the construction or grading site. (4) All operations which tend to create or cause dust shall be suspended when the wind velocity is sufficient to cause dust by its own force and intensity. City of San Juan Capistrano Land Use Code 9-3-109 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (5) The maximum speed of all trucks and other vehicles within the site shall not exceed fifteen (15) miles per hour. (6) The area or site shall be sufficiently secured to prevent the intrusion of unauthorized vehicles at all times. (7) All vehicles handling dirt to or from a construction site shall be required to have their — wheels scrubbed prior to leaving the project site to remove dirt from wheels. (8) All development projects that are importing/exporting dirt shall be required to maintain all streets in a dirt free condition. (9) All development projects shall comply with National Pollutant Discharge Elimination System and Best Management Practices as appropriate. (c) Applicability The provisions of this section shall apply to all land use activities, except that it shall not apply to agricultural activities provided that the cornbined disturbed surface area within one continuous propery line and not separated by a paved public road is 10 acres or less, nor apply to other exceptions as allowed by the South Coast Air Quality Management District v Rule 403. (d) Violations Any person violating any provision of this section shall be subject to the penalties set forth in Section 9-1.201 Violations and Penalties. In addition,the operation or maintenance of any device, instrument, vehicle, equipment, or machinery in violation of any provision of this section,which operation or maintenance causes discomfort or annoyance to persons of normal sensitivities or which endangers the comfort,repose,health,or peace of residents in the area, shall be deemed and declared to be a public nuisance and may be subject to abatement summarily by a restraining order or an injunction issued by a court of competent jurisdiction.Furthermore,the expense of such abatement,by resolution of the City Council, may be declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner. City of San Juan Capistrano Land Use Code 9-3-110 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Section 9-3.515 Equestrian Standards (Commercial and Non- Commercial Stables This section sets forth the development and operational standards for commercial and non- commercial (residential) equestrian facilities. (a) Commercial stables (1) Commercial stables defined. For the purposes of this section, "commercial stable"shall mean and include any place where equines are kept, or are offered or available to be kept, housed, boarded, lodged, fed, hired, trained, sold, rented, or bred as for monetary compensation. (2) Setbacks. The setback requirements set forth in Table 3-21 shall pertain to all structures,including,but not limited to paddocks,corrals,arenas,and fly-tight manure bins, except pastures, grazing areas, and access roads. Table 3-21 Commercial Stable Setback:s Location Minimum Setback Front Yard 50 feet* Interior Side Yard 25 feet* (may be reduced to five(5) feet if the interior side yard is adjacent to another commercial stable) Exterior Side Yard 50 feet from the paddocks, manure bins, arenas, and corrals* Rear Yard Five(5) feet *All structures shall maintain a minimum of 100 feet from any property which is used,zoned,or shown on the General Plan for residential use. No paddock,box stall,or corral shall be located within 100 feet of any school, hospital or similar institution as measured from the properly line. (3) General development standards. The establishment of a commercial equestrian stable, as defined by this section and as identified in specific zoning districts, shall require approval of a conditional use permit.The requirement for a conditional use permit is necessary in order to consider the followinp issues before such a use could be established: (1) ability of the site to accommodate the use; (2) compatibility of keeping of horses with adjacent areas;(3)determination on the number of horses that the site and its specific location can accommodate;and (4)compatibility of its design with the surrounding land uses. The following general development standards shall be satisfied for the maintaining of horses: City of San Juan Capistrano Land Use Code 9-3-111 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (A) Density. The maximum density shall be one acre for every ten (10) horses where the stable does not have access to a designated equestrian/hiking trail. If it has direct access to a designated equestrian/hiking trail,maximum density for commercial stables shall be twenty-eight (28) horses per usable acre. For the purposes of this section, "usable acre"is defined as that portion of the total site which is relatively flat (not exceeding ten (10) percent slope) and which does not encroach into the 100-year flood area as defined by Section 8-11 of this — Code. (B) Maximum building height.The maximum building height shall be twenty(20)feet for all structures where horses are kept. .Structures used for the storage of hay may not exceed thirty-five (35) feet. (C) Landscaping and irrigation.The landscaping and irrigation system shall be subject to review during the development review procedure and shall require the - following: (i) Commercial stables located adjacent to residentially zoned land or public streets shall provide a fifteen (15) foot landscaped buffer area. (ii) A five (5) foot buffer area with perimeter trees and shrubs shall be provided adjacent to property lines. (iii) An approved irrigation system shall be provided. (D) Signs. Signs shall conform to the requirements of Section 9-3.543 Signs. -- (E) Access roads.All access roads shall be paved or equivalent material approved by the City Engineer. The extent of paved roads shall be determined during the development review. (F) Building Area. A maximum of twenty (20) percent of the usable site may be ✓ devoted to buildings, covered areas, feet( storage structures, paved parking areas, barns, caretaker residence, covered paddocks, offices and other covered structures. Uses which are not to be considered in calculating building coverage are those support uses which are open in character,including but not limited to open arenas,open paddocks,pastures,hot walkers,wash racks,picnic areas, etc. "Usable site" is that defined by subsection (a)(3)(A) of this section. (4) Specific development standards. All corrals, stalls, arenas, exercise rings, caretaker housing, and accessory structures shall conform to the following requirements: City of San Juan Capistrano Land Use Code 9-3-112 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (A) Paddocks/box stalls. There shall be one paddock or box stall provided for each -- equine; provided, however, a mare and foal may be together within the same paddock for a period not to exceed eight (8) months. Paddocks or box stalls may be designed for more than one equine; provided, however, all the standards shall be multiplied by the number of equines. Each equine paddock shall meet the following requirements: (i) The minimum size paddock shall be 288 square feet, with a minimum dimension of twelve (12) feet, and shall have a minimum five (5) foot high fence. (ii) Box stalls may be used instead of open paddocks. Such stalls shall provide a minimum of 144 square feet per equine(measured from the center line of the wall). A mare and foal may be together within the same stall for a period not to exceed eight (8) months. (iii) Each paddock or box stall shall be provided with a combination manger and feeder and a system of providing clean fresh water to each paddock. Such a system shall use one or more of the following methods: (a) Automatic watering cups or drinking devices; and (b) Water barrels or troughs. If used, such facilities shall be cleaned twice weekly and be filled with fresh water daily. (iv) Each paddock shall be provided with a minimum of ninety-six(96)square feet of shelter covering with a minimum dimension of eight (8) feet. Shelters shall be sloped in such a manner as to insure the off-site drainage of the paddock area or be: equipped with rain gutters to carry water off the site. (v) Paddock floors shall be graded to allow for drainage. (vi) Paddocks and box stalls located within recognized flood plains shall be designed in such a manner as to insure a minimum impediment of water flow. Each paddock shall meet the fcillowing requirements: (a) Paddocks/box stalls shall be of either wood frame or approved prefabricated metal design. (b) Such structures shall conform to the standards of the Uniform Building Code. City of San Juan Capistrano Land Use Code 9-3-113 November 15, 1002 Chapter 9.3 -Zoning Districts and Standards (c) Totally enclosed wall paddock/box stall structures shall be prohibited. (d) Partially enclosed paddocks shall be capable of removal. (vii) Commercial stables located outside recognized flood plains may have exterior walls constructed as required for permanent buildings. The interior surfaces of such walls shall be finished with smooth, hard nonabsorbent materials. (viii) Paddock fencing shall be either wood or metal bar construction. (ix) Paddock fences and gates shall be capable of supporting a force of 150 -- pounds per square foot with the load applied three (3) feet from the ground surface. (B) Wash racks. There shall be one wash rack provided for every fifty (50) equines, but in no case shall there be less than one wash rack. Each wash rack shall meet the following requirements: (i) The minimum size wash rack area shall be six(6)feet wide and eight(8) feet long. (ii) Each wash rack shall be provided with a permanent watering system. (iii) Each wash rack shall be constructed with concrete slab flooring with a rake finish.A gravel or other approved material may be applied over the concrete slab so as to prevent slipping. (iv) Each wash rack shall be connected to an approved drainage system. (C) Employee housing. In order to provide for the health and safety of equines and structures,caretaker residences may be established on the premises. Such residences shall meet the requirements set forth in Section 9-3.511 Caretaker Residences. (D) Grading.In all enclosures where equines are maintained,the land surface of such enclosures shall be graded above the remaining land surface for drainage purposes. (E) Exercise rings. Exercise rings shall maintain a minimum dimension of thirty(3 0) feet. City of San Juan Capistrano Land Use Code 9-3-114 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (F) Arenas.Arenas shall maintain a minimum 10,000 square feet with a minimum dimension of eighty (80) feet. If arena lights are proposed, the location and design shall be in conformance with Section 9-3.529 Lighting. (G) Public toilets. A minimum of one public toilet for each sex shall be provided. Portable outdoor sanitation facilities shall be permitted for areas located within a recognized flood zone. All other facilities shall be of permanent construction. (H) Storage and tack areas. Storage and tack areas shall be provided and designated on the site plan. All such structures shall be designed for easy evacuation where located within a flood zone and shall be of a uniform design, including materials, earth-tone colors, and a non-reflective roof. (I) Trash. Trash, solid waste disposal areas, and dumpsters shall be designed and conveniently located with an all-weather access road provided. (J) Lighting. All security lighting shall be such that it is directed onto the site. (K) Telephones.A public telephone shall be available for use by any individual in the event of an emergency. (L) Maintenance. All stables shall be maintained in such a manner as to insure the health and safety of all equines and the structural integrity of buildings, corrals, and fences. (M) Evacuation. All stables located within a flood plain shall have an evacuation program for all equines, and accessory buildings. (5) Stable management. The management of commercial stables shall meet the requirements of the County Environmental Health Department to keep environmental problems at a minimum. (6) Development procedures. The procedures for development shall be as set forth in Article 3 Development Review Procedures of Chapter 2 of this title. (7) Operational standards. The standards set forth in this subsection are intended to provide for the free circulation of air and ma)dmum exposure to sunlight for the purpose of providing sanitation within commercial equestrian facilities within the City. (A) Manure storage and disposal. Manure storage and disposal shall be by one or more of the following methods: City of San Juan Capistrano Land Use Code 9-3-115 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (i) Manure shall be removed from the premises every day,unless it is kept in a covered bin or box made of sound metal, brick stone, concrete, or wood lined with fly-tight materials or buried in the ground and covered with earth or other materials sufficient to prevent the attraction or breeding of flies or other insects. (ii) Manure shall not be permitted to remain in any bin or box for a period longer than seven (7) days. (iii) Automatic fly misters shall be installed and used where manure is stored. (iv) Immediate off-site deliveries to farmers for direct fertilizer use or to a County landfill shall be permitted. (v) Additional methods for manure disposal shall be approved by the Planning Director. (B) Rodent control. Rodent control shall be diligently practiced, and the entire premises shall be kept in an orderly and sanitary condition to prevent possible rodent infestation. Thefollowing guidelines and criteria shall be considered in reviewing plans and operations: (i) All dry grains shall be stored in rodent-proof metal containers,and hay shall be stored in a covered structure on a cement slab or on a raised wood platform which maintains a minimum clearance of six(6) inches above the ground. (ii) Any tack equipment, device, substance, or material shall be stored on racks or shelves at least twelve (12) inches above the floor surface. Tack room floors shall maintain a minimum clearance of four (4) inches - above the ground. (C) Water management. Special attention shall be given to water systems because _. accumulations of manure, bedding, and,/or feed with water are ideal for fly production. For the effective reduction of such fly-production sources, the following standards are to be maintained: (i) A non-leak valve for all troughs, bowls, cups, and other water sources -- shall be provided. (ii) Automatic valves, or sanitary drains if the water flow is continuous, shall be installed in all large troughs or cups. City of San Juan Capistrano Land Use Code 9-3-116 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (iii) In paddocks and corrals,the earth surface shall be properly graded to suit the master drainage plan so that rainwater and overflows from water troughs do not form ponds. Property shall maintain all drainage devices consistent with NPDES permits. (iv) Back-siphoning devices shall be installed to protect the public water supply.An approved pressure vacuum breaker is required on the water line serving the paddocks. The vacuum breaker shall be at least twelve (12) inches above the highest point of the water usage, or an approved double-check valve may be acceptable.Back-siphoning devices shall not be required for automatic water cups. (D) Stable sanitation. Good sanitary methods around barns, stalls,paddocks, arenas, tack sheds, and the quarters of the owner or caretakers are as important as manure management. A general cleanup program should accompany the manure management system. Weed control near stables, corrals, water troughs,and surrounding areas around paddocks helps the sun to penetrate and allows the movement of air,which helps to dry the manure and reduce resting places for certain flies.Controlling weed growth from open waste water drains reduces potential habitats for flies, gnats, and mosquitos. (E) Dust control. Continuous dust control of the entire premises shall be practiced by means of the follotiving methods: (i) A method for light water sprinkling of arenas and exercise pens shall be provided. (ii) The chemical control of dust may be permitted. (iii) Perimeter trees and shrubs shall be required for dust control. (8) Equestrian shows and exhibits. Equestrian shows and exhibits where outside participants will perform shall be permitted only at approved commercial stables,unless otherwise permitted by the City Council.Applications to conduct an equine show or exhibit shall be submitted at least seven (7) days prior to the scheduled event to the Department of Planning Services for either approval or denial pursuant to Section 9-2.301 Administrative Approvals.The Plannin3 Director shall prescribe the type and form of information required for the application. (b) Non-commercial residential stables and equestrian facilities Equines may be maintained within residential districts where permitted, subject to the provisions of this section. All such uses shall be restricted to a private non-commercial activity. City of San Juan Capistrano Land Use Code 9-3-117 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (1) Non-commercial stables defined. For the purposes of this section, "non-commercial stable"shall mean and include any place where horses or other equine are kept for the use and enjoyment of the occupants of the premises, or a noncommercial facility for the use of a private homeowner association. (2) Setbacks. The setback requirements shall pertain to all structures which relate to equines, and exercise or grazing areas. Such facilities shall be subject to the following provisions: From property line to paddocks/box stall on same lot: Front yard 20 feet Side and rearyard 15 feet From property line to pasture/exercise area on same lot: Frontyard 20 feet Side and rearyard 10 feet From pasture/exercise area to setback line for residences on adjacent lot: Front yard 3 5 feet Side and rearyard 35 feet From pasture/exercise area and paddocks/box stall to residence on same lot: Front yard 0 feet Side and rearyard 0 feet From paddocks/box stall to setback line from residence on adjacent lot: Front yard 50 feet Side and rearyard 50 feet (3) General development standards (A) Equines may be kept within the Reside ntial/Agriculture (RA), Residential Hillside (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- 7,000), Residential Garden-7,000 (RG--7,000), Single-Family 4,000 (RS- 4,000),Residential Garden-4,000(RG-4,000),and Planned Community(PC) Districts where common equestrian facilities are designed into the development and equestrian trails are established adjacent-to all equine facilities.Developments with common equine stables or corrals shall conform to the development standards set forth in subsection (a) of this section for commercial stables. (B) Equines may be kept on individual lots within the Agri-Business (A), Residential/Agriculture(RA),Residential Hillside(HR),Single-Family-40,000 (RSE-40,000), and Single-Family-20,000 (RSE-20,000) Districts provided the following standards are met: City of San Juan Capistrano Land Use Code 9-3-118 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards (i) Number of horses/lot size (a) One horse per 10,000 square feet of overall lot size. (ii) Minimum lot area for equestrian use (a) 2,500 square feet for the first horse, of which 500 square feet must be flat (slope no greater than ten (10) percent). For each additional horse beyond one.,an additional 500 square feet of flat land shall be provided. (iii) Number of horses that requires a conditional use permit (a) If the property is two (2)acres or less,four(4)horses may be kept without needing a conditional use permit. (b) If the property is between two(2)and five(5)acres,six(6)horses may be kept without needing;a conditional use permit. (c) If the property is more than five (5) acres,ten (10) horses may be kept without needing a conditional use permit. For the purposes of this section, a mare and a foal (up to eight (8) months of age kept together) shall count as one horse. Approval of a conditional use permit is required to exceed the above limitations. (4) Operational standards. The standards set forth in this subsection are intended to provide for the free circulation of air and maximum exposure to sunlight for the purpose of providing sanitation within non-commercial equestrian facilities within the City. (A) Manure storage and disposal. Manure storage and disposal shall be by one or more of the following methods: (i) Manure shall be removed from the premises every day,unless it is kept in a covered bin or box made of sound metal, brick stone, concrete, or wood lined with fly-tight materials or buried in the ground and covered with earth or other materials sufficient to prevent the attraction or breeding of flies or other insects. (ii) Manure shall not be permitted to remain in any bin or box for a period longer than seven (7) days. (iii) Automatic fly misters shall be installed and used where manure is stored. City of San Juan Capistrano Land Use Code 9-3-119 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (iv) Immediate off-site deliveries to farmers for direct fertilizer use or to a County landfill shall be permitted. (v) Additional methods for manure disposal shall be approved by the Planning Director. (B) Rodent control. Rodent control shall be diligently practiced, and the entire premises shall be kept in an orderly and sanitary condition to prevent possible rodent infestation. The following guidelines and criteria shall be considered in reviewing plans and operations: (i) All dry grains shall be stored in rodent-proof metal containers, and hay shall be stored in a covered structure on a cement slab or on a raised wood platform which maintains a rainimum clearance of six(6) inches above the ground. (ii) Any tack equipment, device, substance, or material shall be stored on racks or shelves at least twelve (12) inches above the floor surface.Tack room floors shall maintain a minimum clearance of four (4) inches above the ground. (C) Water management. Special attention shall be given to water systems because accumulations of manure, bedding, and/or feed with water are ideal for fly production. For the effective reduction of such fly-production sources, the following standards are to be maintained: (i) A non-leak valve for all troughs, bowls, cups, and other water sources shall be provided. (ii) Automatic valves,or sanitary drains if the water flow is continuous,shall be installed in all large troughs or cups. (iii) In paddocks and corrals,the earth surface shall be properly graded to suit the master drainage plan so that rainwater and overflows from water troughs do not form ponds. Property shall maintain all drainage devices consistent with NPDES permits. (iv) Back-siphoning devices shall be installed to protect the public water supply. An approved pressure vacuum breaker is required on the water line serving the paddocks. The vacuum breaker shall be at least twelve (12) inches above the highest point of the water usage, or an approved double-check valve may be acceptable.Back-siphoning devices shall not be required for automatic water cups. (D) Stable sanitation. Good sanitary methods around barns, stalls,paddocks, arenas, tack sheds, and the quarters of the owner or caretakers are as important as - City of San Juan Capistrano Land Use Code 9-3-120 November 15, 2002 _. Chapter 9.3 -Zoning Districts and Standards manure management. A general cleanup program should accompany the manure management system. Weed control near stables, corrals, water troughs,and surrounding areas around paddocks helps the sun to penetrate and allows the movement of air,which helps to dry the manure and reduce resting places for certain flies. Controlling weed growth from open waste water drains reduces potential habitats for flies, gnats, and mosquitos. (E) Dust control. Continuous dust control of the entire premises shall be practiced by means of the following methods: w (i) A method for light water sprinkling of arenas and exercise pens shall be provided. (ii) The chemical control of dust may be permitted. (iii) Perimeter trees and shrubs shall be required for dust control. Section 9-3.517 Fences, Walls, and Hedges (a) General Fences,walls,and hedges may be erected within required yard setbacks in all districts subject to the requirements of this section. For the purposes of this section,the words"fence"and"wall"shall have the same meaning, and any reference to fences shall include walls as well. In addition, all height restrictions applying to fences and walls shall apply equally to hedges planted within required yards forming a barrier serving the same visual purpose as a fence or wall. (b) All districts Fences and walls for the following uses shall be subject to the location, height and design standards so stipulated by the referenced section of the Code: (1) Fences to be located within comer lots shall be in compliance with the visibility provisions of Section 9-3.559 Visibility at Intersections/Driveways. (2) Fences adjacent to a driveway shall be in compliance with the visibility provisions of - Section 9-3.559 Visibility at Intersections/Driveways. (3) All swimming pools, whirlpools and spas shall be, enclosed by a minimum five-foot- high (5)fence designed and located in accordance with the provisions of Title 8, Chapter 6. City of San Juan Capistrano Land Use Code 9-3-121 November 1S, 2002 Chapter 9.3 -Zoning Districts and Standards (4) Storage of outside materials shall be subject to the location and design regulations of Section 9-3.549 Storage and Display. (5) Tennis court fencing shall be in compliance with the setback and height requirements of Section 9-3.501 Accessory Uses and Structures. (6) Allfences and walls shall be finished on both sides. If adjacent property owner refuses permission, provision shall be waived. (c) Residential districts The following requirements shall apply to fences in all;residential districts: (1) Fences erected within required side or rear yards shall not exceed a height of six (6) feet. However,when the rear property line of a corner lot abuts the side property line of an adjoining lot (i.e., a "key lot" situation),fences on the exterior (street) side of a corner lot shall not exceed a height of three (3)feet if placed within five(5)feet of the street right-of-way line adjoining the side yard of.a said corner lot. Further,fences within a required side yard on the exterior side of a corner lot shall conform to the requirements of Section 9-3.559 Visibility at Intersections/Driveways. (2) Solid fences shall not exceed a height of three (3) feet in any required front yard. - However,the Planning Director,upon an application,may approvefences infrontyards up to five (5) feet in height if all of the following requirements are met: (A) The portion of the fence above three (3) feet is of open vertical bar construction(for example,wrought iron) with a minimum spacing of three(3) inches between vertical elements; and (B) The City Engineer confirms that the proposed fence allows adequate sight distance for vehicles using driveways and/or street intersections. (d) Agricultural districts Fences may be erected in the Agri-Business(A) District up to a height of six(6) feet within all required yards provided such fences conform to the requirements of Section 9-3.559 Visibility at Intersections/Driveways. (e) Other districts Fence height and design in all districts other than residential and agricultural shall be approved by the Planning Director if not a part of a development application being processed in accordance with Article 3 Development Review Procedures of Chapter 2 of this title. City of San Juan Capistrano Land Use Code 9-3-122 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Fences being considered as part of a development application shall be approved by the Planning Commission. (f) Fence/retaining wall combinations (all districts) If a fence is a vertical extension of a retaining wall, and the combined retaining wall and fence height is greater than six (6) feet within a side or rear yard that abut a street or trail easement, or greater than three (3) feet within a frons yard (measured from the base of the retaining wall),the base of thefence shall be stepped back from the top of the retaining wall a minimum of two (2) feet. This provision is subject to review and approval by the Planning Director. (g) Measurement of fence height The height offences and walls not enclosing a pool shall be measured from the finish grade on the inside of the fence, as shown in Figure 3-3. The height of a fence or wall enclosing a pool shall be measured from the finished grade,three (3) feet from the outside of the fence or wall. For fences and walls that are located on a natural or manufactured slope, the fence may be staggered in height where the minimum height is not less than five (5) feet. Plans for such fences and wall shall be subject to the approval of the Planning Director. ADJACENT j SUBJECT PROPERTY Q PROPERTY (outside fence) (inside fence) Fence Height Measurement Fence Height (enclosing a Measurement swimming pool; (not enclosing height may vary) 3, a swimming pool; height may vary) I IIII Finished Grade Finished Grade Figure 3-3 Fence Height Calculation _ City of San Juan Capistrano Land Use Code 9-3-123 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (h) Exceptions to standards Subject to the administrative approval of the Planning Director pursuant to Section 9-2.303 Administrative Approvals: (1) A combination fence structure may exceed six(6)feet when the portion offence over six (6) feet is open construction. (2) The combined height of a retaining wall wia fence may exceed six (6) feet to a maximum of ten (10) feet. (i) Building permits Building permits shall be required prior to the erection offences in accordance with the requirements of the Uniform Building Code and Title 8. Section 9-3.519 Fuel Modification Standards (a) Purpose and intent Special regulations are necessary to insure public safety and reduce fire damage to structures located in areas subject to risk from wildland fires. The primary purpose is to require fuel modification that reduces the level of risk from vAildland fires by removal of native flammable vegetation and replacement with drought-tolerant, fire-resistant plants that reduce radiant and convective heat. This planting program will provide fire-suppression forces a safe area in which to take an action to protect life and property. (b) Applicability Any development application that will require the issuance of a Building Permit for a primary structure(s) where property is immediately adjacent to mature flammable vegetation, shall be subject to the requirement that a modification program approval be _ obtained from the Orange County Fire Authority prior to Building Permit issuance. For purposes of this section, a "primary structure" shall mean a principal permitted structure designated by the applicable zoning district; it shall nolt pertain to minor accessory structures such as patios,fences, etc. (c) Review process (1) Submittal.A fuel modification plan shall be submitted to the City concurrently with - an application for a Building Permit or other development application(i.e.,tentative subdivision map,growth management, or comparable mobilehome park, etc.). Prior to issuance of any permits, a fuel modification plan and program must be approved by City of San Juan Capistrano Land Use Code 9-3-124 November 15, 2002 Chcrpter 9.3 -Zoning Districts and Standards the Fire Marshal and either the Planning Commission or Zoning Administrator if said development application is to be processed as part of one of the procedures identified in Article 3 Development Review Procedures of Chapter 2 of this title. The plan will show special treatment of the area to achieve an acceptable level of risk regarding: exposure of structures to flammable vegetation; and method(s) of removal, mechanical or hand labor; and continuous maintenance. The vegetation fuel modification shall include the following information: (A) Delineation. The minimum width of the vegetation fuel modification area may range between fifty and one hundred (50-100) feet. This may require evaluation by a fire department representative prior to preparation of the plan. For preliminary plan approval,general dimensions will be adequate.For precise plans, exact delineation showing undulated borders, etc., must be submitted. (B) Wet zone. The first fifty (50) feet of vegetation fuel modification must consist of irrigated landscaping. The plan must: delineate that portion of the fuel modification area which will be permanently irrigated. Fuel modification can be as simple as a wet zone (greenbelt) extending into flammable light annual vegetation. These wet zones may range between fifty and one hundred (SO- 100) feet in width measured on a map from the back of a lot or from a point within the lot where deed restrictions and/or provisions of the Municipal Code prohibit the location of flammable structures. (C) Plant list. A plant list must be submitted containing both the botanical and common name of all plant materials that are to be used. In the wet zone areas, plants must be fire resistant, non-evasive, and preferably drought-tolerant. Plant materials that are to be used outside of the wet zone areas must be fire resistant. (D) Thinning zones. Thinning or removal of heavy perennial brush for distances of 100 feet or more will be required. Replanting of low-volume, fire-resistant, drought-tolerant plants may be required for erosion and slope control. Large shrubby plants shall be thinned out and cleared of all dead wood. Spacing between the plant material should be limited to no closer than fifteen(I S)feet on center. (E) Off-site area. In areas where the minimum width cannot be achieved within lot or tract boundaries, off-site permission may be required to obtain the minimum width. Documentation of permission for off-site fuel modification and maintenance must be attached to preliminary plans. (F) Maintenance. Provisions for continuous maintenance must be provided, i.e., through homeowner associations, property owners, or other entities. - _ City of San Juan Capistrano Land Use Code 9-3-125 November 15, 2002 Ci apter 9.3 -Zoning Districts and Standards Maintenance includes the removal of undesirable flammable vegetation, irrigation, etc., needed to maintain the fuel modified area in a fire safe -- condition as required by the Orange County Fire Authority.Written evidence indicating responsibility for maintenance must be submitted with the preliminary fuel modification plan. (G) Method(s)for maintenance. How native vegetation will be removed or thinned is to be identified. The method of removal can be critical in various view- sensitive areas, geologically-hazardous areas, and in woodland areas. Mechanical removal is acceptable in some areas. In other areas,hand removal or thinning will be required.Wood areas will require hand thinning and some vegetation may need to be selectively removed. Trees can usually remain if not dense. If trees are proposed to be removed, a proper tree removal permit application shall be processed in accordance with Section 9-2.349 Tree Removal Permit. (H) Planting adjacent to structures in fire risk areas. Planting adjacent to structures on private property which is in close proximity to native vegetation is considered part of the Vegetation Fuel Modification Program and will be subject to review and monitoring in accordance with subsection(d) Enforcement of this section. The following guidelines shall be observed when planting near fire risk areas: (i) Limit use of plants which are known to be especially flammable. (ii) Limit planting in large unbroken masses,especially trees and large shrubs. Groups should be two or three maximum, mature foliage of any group should be separated horizontally by at least thirty (30) feet. (iii) Limit use of plants which develop large volumes of foliage and branches. (iv) Limit use of plants which have dry or deciduous foliage during part of the year. (v) Limit use of plants which develop deciduous or shaggy bark. (vi) Limit use of plants which develop dry or dead undergrowth. (vii) Limit massing of vegetation adjacent to structures, especially under eaves, overhangs, decks, etc. (viii) Limit massing of shrubs at bases of trees or larger shrubs. (ix) Conduct yearly maintenance to reduce fuel volumes, eliminate weeds, _. remove dead vegetation, etc. City of San Juan Capistrano Land Use Code v 9-3-126 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (x) Provide reliable automatic irrigation systems to maintain vegetation in healthy, turgid state. -- (2) Permit application. An application to the Engineering and Building Services Department for either a grading or building; permit for projects subject to the provisions of this section shall include submission of a preliminary fuel modification plan as described under subsection (1) above. After preliminary plan review, a precise fuel modification plan incorporating plan check corrections must be submitted and approved prior to issuance of permits. (3) Release of Use and Occupancy permits. The approved fuel modification plan shall be installed prior to final inspection.Use and Occupancy permits shall be issued only upon final inspection and acceptance by the City. - (d) Enforcement In the event that the fuel modification program is not properly maintained resulting in the accumulation of weeds or rubbish constituting a hazard,enforcement action will be taken pursuant to the weed abatement provisions of Municipal Code Sections 6-7.01 et seq. Section 9-3.521 Hazardous Waste Facilities (a) Purpose and intent The purpose of this section is to establish uniform procedures and standards for controlling the location,design,maintenance and safety of hazardous waste facilities.The Land Use Code has been amended to include the provisions herein to implement general policies regarding hazardous waste management facilities pursuant to State law and the Orange County Hazardous Waste Management Plan. The purpose and intent of this section is to meet the "Fair Share Facility Siting" policy of the Orange County Hazardous Waste Management Plan. However, the Ci y shall have absolutely no obligation to approve any conditional use permit which proposes to process a volume of hazardous waste which exceeds that generated by land uses within the City. (b) Applicability The specific requirements of this section are applicable to the siting and development of all hazardous waste treatment,storage,transfer and disposal facilities.All such facilities shall require applicable State licensing to develop and operate. -- City of San Juan Capistrano Land Use Code 9-3-127 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (c) Procedure All hazardous wostefacilities shall be subject to approval of a conditional use permit and the state mandated standards established by this section, or as required by future updates to State code. In addition to the procedure stated in Section 9-2.317 Conditional Use Permit,the following procedures shall govern the processing of a conditional use permit application for all hazardous waste facilities: (1) At least ninety (90) days before filing an application with the City for a hazardous waste facility conditional use permit, the applicant shall file, with the Office of Permit Assistance (OPA) in the State's Office of Planning and Research and with the City,a Notice of Intent to make such an application.The Notice of Intent shall specify the location to which the Notice of Intent is applicable and shall contain a complete description _. of the nature, function and scope of the project. The OPA shall immediately notify the affected State agencies of the Notice of Intent. The Ciy shall publish the Notice of Intent in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners of contiguous property, as shown in the latest equalized assessment. (Requirement of Section 2 5199.7 (a)of the California Health _ & Safety Code.) (2) Within ninety (90) days after a Notice of Intent is filed with the Office of Permit Assistance,the OPA shall convene a public meetin.gwithin the Ciy to inform the public on the nature, function, and scope of the proposed project and the procedures that are required for approving the project application. OPA shall advise the Ciy of the date,time,and location of the meeting. (Requirement of Section 25199.7(c)of the California Health and Safety Code.) -- (3) Within ten (10) calendar days after the Ciy has determined that a conditional use permit application for a hazardous waste facili y is complete, staff shall solicit services from qualified consultants pursuant to the 09,'s professional consultant selection requirements.The purpose of the consultant shall be to provide technical assistance to the staff and Local Assessment Committee (LAC). Following selection of the consultant, the applicant shall deposit necessary fees with the Ciy to cover all costs associated with the approved scope of work. (4) Within thirty (30) days of acceptance of a conditional use permit as complete, the Gy Council shall appoint the seven member LAC pursuant to the provisions of subsection -- (f). (Requirement of Section 25199.7(d) of the California Health & Safety Code.) (5) The Ciy shall notify the OPA within ten(10)days after an application for a conditional use permit for a hazardous waste faciliy project is accepted as complete by the City. Within sixty (60) days after receiving such notice, the OPA shall convene a meeting of the lead and responsible agencies for the project,the applicant,and the interested City of San Juan Capistrano Land Use Code 9-3-128 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards public,for the purpose of determining the issues which concern the public agencies and the public. (Requirement of Section 25199.7(e) of the California Health & Safety Code.) (6) Following the meeting specified in subsection(c)(5)of this section,the applicant,City staff and the LAC shall meet and confer on the proposed hazardous waste facility project proposal for the purpose of establishing the terms and conditions under which the project may be acceptable to the community. (Requirement of Section 2S 199.70 of the California Health & Safety Code.) (7) At the request of the applicant, the Planning Department shall, within sixty (60) calendar days after the City has determined that:a conditional use permit application for a hazardous waste facili y is complete, issue an initial written determination on whether the project is consistent with both the City General Plan and Zoning Ordinance in effect at the time the application was received,and the Orange County Hazardous Waste Management Plan. (Requirement of Section 251995(a) of the California Health & Safety Code.) (8) An applicant may appeal the City's final approving,body action on a conditional use permit for a hazardous waste facili y project to the Governor or the Governor's designee. (Requirement of Section 25199.9 of the California Health & Safety Code.) (d) Application submission requirements In addition to the standard submission requirements for a conditional use permit,applications for an off-site hazardous waste facili y must be accompanied by the following: (1) A preliminary geotechnical study of the property and surrounding area including the location and characteristic of any aquifers, regardless of the potability of those aquifers. (2) Identification of all wastewater, treated and untreated,generated by the proposed facility and the method and place of final discharge. - (3) Identification of the amounts (pounds) and types of hazardous wastes to be treated at the proposed facility; the sources of these wastes; the ultimate disposition of the wastes;and the anticipated life of the facility.Ini'ormation shall be based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility. (4) An emergency operations plan containing emergency procedures pursuant to subsection (j)(2) of this section. -- City of San Juan Capistrano Land Use Code 9-3-129 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (S) Other information as required by the Planning Director to demonstrate compliance with the subsections (h) Project criteria, and subsection (i) Facility siting standards _ of this section. (6) AHealth and Safey Assessment prepared by a qualified preparer is required to provide -- technical and environmental evaluation of the proposed facility, site, and surrounding area. A Health and Safey Assessment will provide the information and analysis needed to demonstrate compliance of the proposed facility with the siting criteria. The scope of the assessment will vary according to the size, type and proposed location of the facility. The Health and Safety Assessment shall evaluate, at minimum the area within 2,000 feet of the site,which is designated a sensitive area, and shall evaluate the potential impact on sensitive populations. Sensitive populations include residential,employment,and immobile populations such as schools, hospitals,convalescent homes,and other similar facilities within the area of potential impact.The Health and Safety Assessment must consider the qualities and the physical and chemical characteristics of the specific types of the waste that would be handled, "rt the facility design features and planned operations practices. The need and distance for any buffering of the facility from residential areas or other sensitive land uses will be identified.The Assessment must include a hydrologic evaluation,and must assess risks due to physical hazards such as flooding and earthquakes and potential water or air pollution. The Assessment will detail credible potential accidents, including the distance over which effects would carry, a variety of options for reducing risks, and procedures for dealing with the effects. The Assessment will identify the capabilities (including equipment and trained. personnel) and response times of - existing emergency services with regard to accidents at the facility, and will provide an emergency evacuation plan. If existing emergency services are deemed inadequate,the Ci y may require the developer to supplement those services with on- site trained personnel and equipment. (e) Environmental review All hazardous waste facih y projects shall be subject to environmental analysis according to City environmental review guidelines and pursuant to the California Environmental Quality Act. Preliminary environmental review shall include analysis with particular emphasis on geology and soils,hazards and hazardous material,hydrology and water quality,air quality, -- aesthetics, and noise impacts. (f� Local Assessment Committee The Ciy Council shall appoint a seven (7) member local assessment committee (LAC) to administer the provisions of this Code as specified herein. (1) The LAC shall include three (3) representatives of the community at large, two (2) M1 representatives of environmental or public interest groups, and two (2) City of San Juan Capistrano Land Use Code — 9-3-130 November 15, 2002 , Chapter 9.3 -Zoning Districts and Standards representatives of affected businesses or industries.Members of the LAC shall have no financial interest,as defined by Section 87103 of the California Government Code, in the hazardous waste faciliy project under review. The responsibilities of the LAC shall include: (A) Advise the Ci y of the terms and conditions under which a proposed hazardous waste faciliy would meet the requirements of this section of the Code.The LAC shall determine,in consultation with the applicant,the following (Requirement of Section 25199.7(d)(2) of the California Health &Safety Code.): (i) Measures which should be undertaken in connection with the operation of the proposed hazardous waste faciliy project to protect the public health, safety, and welfare. (ii) Special benefits or remuneration the applicant will provide the City as compensation for the local costs associated with the operation of the proposed hazardous waste faciliy. (B) In meetings with the applicant, generally represent the interests of City residents and business as well as those of adjoining communities. (Requirement of Section 25199.7(d)(2)(B) of the California Health & Safety Code.) (C) Expend the technical assistance services made available under subsection (c)(3) of this section. (Requirement of' Section 25199.7(d)(2)(C) of the California Health & Safety Code.) (D) Adopt administrative rules and procedures which are necessary to perform duties outlined herein. (Requirement of Section 25199.7(d)(2)(D) of the California Health & Safety Code.) (E) Advise the City of the terms, provisions, and conditions for project approval which have been agreed upon by the LAS;and the applicant, or which the LAC deems appropriate. The City decision-making body may rely upon the advice and recommendations of the LAC.(Requirement of Section 2 5199.7(d)(2)(E) of the California Health & Safety Code.) (F) After final administrative action has been taken by the State and local agencies - on the conditional use permit application, the LAC shall automatically cease to exist. (Requirement of Section 25199.7(d)(4) of the California Health & Safety Code.) (2) The City shall provide the LAC with necessary staff resources to assist in fulfilling its responsibilities. (Requirement of Section 25199.7(d)(3)of the California Health& Safety Code.) City of San Juan Capistrano Land Use Code 9-3-131 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (3) If the LAC and applicant cannot resolve differences through the public meeting process, the City may request the assistance of OPA to reach resolution pursuant to Section 25199.4 of the California Health &Safety Code. (Requirement of Section 25199.7(h) of the California Health & Safety Code.) (g) Public hearings Public hearings on "Hazardous Waste Facility" conditional use permits shall be conducted pursuant to Section 9-2.335 Public Hearing Procedures. (h) Project criteria Prior to approving a conditional use permit for a hazardous waste facility, the Planning Commission must find the following criteria have been met. The Planning Commission's findings must be contained in the approving resolution: (1) The project will be consistent with the Genei-al Plan including in particular, the policies of the Land Use, Circulation, and Safety Elements. (2) The project will not be detrimental to the health, safety or general welfare of the community. (3) The project site is or will be adequately served by roads and other public or private service facilities. (4) The project will be consistent with the Regional Fair Share Facility Needs Assessment and siting policies established in the Orange County Hazardous Waste Management Plan.The City may impose conditions of approval limiting the capacity of facilities to that level commensurate with the amount of hazardous waste generated by activities and businesses within the City's limits. (5) The project will comply with the Facility Siting Standards established by subsection (i) of this section. (i) Facility siting standards The following siting criteria have been established for the design of hazardous waste facilities and by the City in evaluating proposed sites and facility projects: City of San Juan Capistrano Land Use Code 9-3-132 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (1) Public health (A) Health and Safey Assessment. All facilities shall be sited so as not to create significant risks or cause adverse impacts to the health and safety of populations in surrounding public and private areas,as determined by a Health and Safety Assessment. Potentially significant health or safety risks must be eliminated or mitigated to the satisfaction of the local permitting agency and - the California Department of Health Services. (B) Distancefrom populations.Treatment,recycling and collection facilities shall comply with local minimum zoning code setbacks,unless a greater buffer distance from other uses is deemed necessary by the Health and Safety Assessment. Residuals repositories shall provide a minimum buffer distance of 2,000 feet from residences and other sensitive land uses.. The size of the buffer zone may be increased based on the required Health and SafeyAssessment. (2) Structural stability (A) Floodplain. All facilities must be situated outside the limits of the 100-year floodplain (FHA). (B) Earthquakes.All new facilities must have a minimum 200 foot setback from any known Holocene faults, unless otherwise allowed by California Code of Regulations, Title 23, Division 3, Subchapter 15, Section 2531(b). (C) Unstable Soils: All facilities are prohibited from locating in areas of potential rapid geologic change, unless the facility and its containment structures have engineered design features to assure str.ictural stability. This includes areas with unstable soils,steep slopes,and areas subject to liquefaction,subsidence or other severe geologic constraints. (3) Water quality (A) Containment and groundwater monitoring. All facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material. Facilities shall be equipped with leak detection and spill control and recovery capability. Groundwater monitoring wells must be Iocated around each facility to determine background zone and groundwater quality,and to detect leaks and spills from the facility. (B) Water quality. Facilities shall locate so that domestic water supply wells cannot be adversely affected from unauthorized releases of contaminants. Facilities shall not locate within well head protection zones as identified by EPA City of San Juan Capistrano Land Use Code 9-3-133 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards guidelines or municipal water supply agencies and local water districts. Facilities shall not impact the quality of surface waters (lakes,rivers, streams, creeks, etc.) or ground water resources which have been identified for beneficial uses by the Regional Water Quality Control Board Basin Plan. Treatment, recycling and collection facilities should locate outside of principal recharge areas to regional aquifers as defined in local or State plans. Facilities may locate in the following areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection: (a)major aquifer recharge areas, (b)areas of permeable strata and N soils, and (c) areas where the existing groundwater has beneficial uses as described in the Basin Plan. Facilities with subsurface storage or treatment must be sited, designed and operated to ensure that hazardous materials will be above the tension-saturated zone. Residuals repositories are prohibited from locating in principal recharge areas to regional aquifers as defined in local or State plans. Repositories are prohibited in areas of high permeability per the requirements of the State Water Quality Control Board and California Code of Regulations, Title 23, Division 3, Subchapter 15, Section 2531(b). Repositories may locate only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or man-induced conditions) to the extent that it is not considered for beneficial use by the basin to ensure that hazardous materials will always be above the tension-saturated zone. --- (C) Wastewater. All facilities generating wastewaters must locate in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, State and local sewer agency discharge requirements and the facility must obtain a valid industrial wastewater discharge permit. (4) Air quality.All facilities are prohibited in Class I areas as identified by the Clean Air Act, and within wilderness, National Parks, memorial areas and similarly dedicated areas. Facilities may be sited in other non-attainment and PSD (Prevention of Significant Deterioration) areas only if they meet the requirements of the South Coast Air Quality Management District (SCAQMD). (5) Environmentally sensitive areas (A) Wetlands. All facilities are prohibited fi-om locating in wetlands such as saltwater, fresh water and brackish marshes, swamps and bogs, as defined in local, regional and State plans and policies. (B) Animal and plant habitats. All facilities are prohibited from locating within critical or significant habitat areas of animal and plant species (including City of San Juan Capistrano Land Use Code — 9-3-134 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards threatened or endangered species),as defined in local,regional or State plans and policies. (C) Recreational, cultural and aesthetic resources. Collection facilities may locate in protected,recreational,cultural or aesthetic resource areas,as defined bylocal, regional, State or national plans or policies, only if necessary to handle hazardous wastes generated by workers, or visitors in these areas. Treatment and Recycling Facilities and Residuals Repositories are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, State or national plans or policies. (6) Transport of hazardous waste (A) Proximity to waste generation areas.All facilities should locate as close as possible to sources of hazardous waste generation (generally industrial areas) to minimize the risks of transportation. - (B) Proximl y and access to major routes. Facilities shall locate to minimize distance from major transportation routes. Facilities must have good access by roads designed to accommodate heavyvehicles..Travel routes from facilities to major transportation routes shall not pass through residential neighborhoods. (7) General plan consistency.All facilities must be situated within areas designated"4.0, Industrial Park"and"4.1,Quasi-industrial"by the General Plan Land Use Element. Facilities must also be consistent with the Orange County Hazardous Waste Management Plan. (j) Special development requirements The Ci y may impose conditions on the granting of a conditional use permit for a hazardous waste facili y in order to achieve the purposes of this section and the General Plan and to protect the health, safety and general welfare of the community. (1) Safety and security (A) The operator shall provide a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel)which continuously monitors and controls entry onto the facility. (B) A visual and security barrier shall be constructed which completely surrounds the facility. City of San Juan Capistrano Land Use Code 9-3-135 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (C) All gates or other entrances into the facility shall be provided with signs which State"Danger-Hazardous Waste Area-Unauthorized Personnel Keep Out." Signs shall be posted at each entrance to the facility, and at other locations deemed necessary. The signs shall be written in English and Spanish. (2) Emergency operations plan (A) The hazardous Waste facility is required to have an emergency operations plan designed to minimize hazards to human health and the environment from fires,explosions,or unplanned release ofhazardous waste to air,soil,or surface water.The plan shall be implemented immediatelywhenever a fire,explosion, or unplanned release occurs. (B) The emergency operations plan shall include: (i) The responsibilities of employees in response to a fire, explosion or -- unplanned release of hazardous waste. (ii) Role/responsibility local emergency response officials (subject to their approval). (iii) The names, addresses and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. (If more than one name is listed, the order in which they may assume authority shall be given, with one person designated as primary coordinator.) The emergency coordinator shall be available to respond to an emergency and shall have the responsibility for coordinating all emergency response measures. (iv) A listing of all emergency equipment at the facility,including its location -" and an outline of its capabilities. (v) An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes and alternate routes. (C) Emergency coordinator responsibilities shall be identified in the emergency operations plan to include, at minimum., the following: (i) In event of an emergency (imminent or natural), the emergency coordinator shall immediately activate facility alarms to notify employees and shall contact appropriate State or local emergency response agencies. City of San Juan Capistrano Land Use Code _ 9-3-136 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (ii) In the event of a fire,explosion,or release of any hazardous material,the __- emergency coordinator shall immnediately identify the character, exact source,amount and real extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards both direct and indirect, to human health or the environment that may result from the emergency. (iii) If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health and the environment outside the facility,the emergency coordinator shall notify officials and also notify the State Office of Emergency Services by phone providing the following information: (a) Name and telephone of person reporting. (b) Name and address of facility'. (c) Time and type of incident. (d) Type and quantity of material(s) involved. (e) Extent of injuries if any. 0) Potential hazard outside facility. (iv) During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires,explosions,and releases do not occur or spread, including such measures as: (o) Ceasing operations. (b) Collecting and containing released waste. (c) Removing or isolating containers. (v) In the event the facility is closed, the emergency coordinator shall monitor the site. (vi) Following an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire or explosion. (D) Owner/operator responsibilities shall be identified in the emergency operations plan to include, at minimum, the following: (i) Notify the State Department of Health Services and appropriate State and local authorities that the above requirements have been met before operations are resumed in the affected area. City of San Juan Capistrano Land Use Code 9-3-137 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (ii) Record the time, date and detaAs of any incident which required implementing the emergency operations plan. (iii) Within fifteen (15) days of resuming operationsfollowing an emergency incident, submit a written report on the incident to the State — Department of Health Services including all information required by the Department. (iv) The emergency operations plan shall be reviewed annually and amended as necessary. (3) Public agency monitoring (A) Upon reasonable notice,the City or their designated representative may enter a parcel on which a conditional use permit for a hazardous waste facility has been granted for the purpose of monitoring the operation of the facility. — (B) The operator of a hazardous waste facility shall report quarterly to the Ciy, the amount, type and disposition of all wasters processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous waste materials. (C) All structures shall remain accessible for inspection purposes. (4) Closure plan. The applicant for a hazardous waste management facility shall submit a closure plan and cost estimate for closure. The plan shall identify steps necessary to completely close the facility at any point during its intended operating life and to completely close the facility at the end of its intended operating life. The closure plan shall include at least: (A) A description of how and when the facility will be finally closed. The description shall identify the maximum extent of the operation which will be open during the life of the facility. (B) An estimate of the maximum inventory of wastes in storage and in treatment at any time during the life of the facility. (C) A description of the steps needed to decontaminate facility equipment during ; closure. (D) An estimate of the expected year of closure and a schedule for final closure. The schedule shall include at a minimum,the initial time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure. City of San Juan Capistrano Land Use Code — 9-3-138 November 15, 2002 Chcpter 9.3 -Zoning Districts and Standards (E) The plan shall indicate financial arrangements(irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of the site and long-term post-closure monitoring maintenance. (5) Financial Responsibility.The owner/operator shall show proof of liability insurance as follows: (A) The types,amounts,periods of coverage,and provisions from periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional errors and omissions insurance. All such insurance shall name the City as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval. Certificates of Insurance must be submitted to the City annually. - (B) Applicant shall provide surety in an amount and form to be determined by the City for the purpose of assuring adequate closure of the site. An irrevocable trust will be established to provide funds for closure of the site and its long- term postclosure and monitoring and maintenance.Funds for this trust would be provided by the owner/operator of the facility quarterly based on quantity and types of hazardous wastes received and processed or percentage of gross income. The terms of the trust would be agreed upon by the project owner/operator and the City.The terms will be reviewed annually to determine the adequacy of the amount of trust funds with respect to the anticipated closure monitoring and maintenance costs. (C) The owner/operator shall defend, indemnify and hold harmless the City, its officers, agents, servants, and employees from all claims, actions or liabilities arising out of the issuance of this permit, operations at the facility and transportation of wastes to and from the facility. (6) Effect of the conditional use permit.Aconditional use permit for a hazardous wastefacility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed beyond those specified in the approved permit, unless a separate application is made which shall satisf; the same procedures and contents as those required in the initial application. City of San Juan Capistrano Land Use Code 9-3-139 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Section 9-3.523 Home Business (a) Intent and purpose The purpose of this section is to provide for the conduct of home businesses in such a manner as to be compatible with and not disrupt residential neighborhoods. In order to minimize potential interference with the intended residential use of the property, businesses conducted as home businesses will be reviewed on an individual basis to ensure compatibility with and avoid any impact on the residential quality of life and property values within the zone.Any use which has the significant potential to impact that quality of life or change the character of the area shall not be permitted, and any use which does not conduct its operation within these regulations shall be subject to revocation. (b) Permit required No person shall conduct any home business use without first securing a home business permit. A home business use is permitted as an accessory use to a residential use provided it is conducted in compliance with the regulations set forth in this section and that a permit has been obtained and remains in effect in accordance with this section, and that a business license required under Title 3 of the Municipal Code has been obtained. (c) Specific regulations governing home business uses No person shall conduct any home business use in violation of any of the following regulations: (1) There shall be no signs or devices identifying or advertising the home business use. (2) Sales activity of merchandise shall not be distributed at the residence. (3) There shall be no storage of equipment, material, or display outside of any fully- enclosed structures, except that maintained on a vehicle permitted by this section. _ (4) Nothing associated with the home business use shall alter the residential character of the subject property or nearby residential properties. - (5) There shall be no activity which involves business related meetings or gathering of any kind such as may generate increased pedestrian or vehicular traffic, parking congestion, noise or disturbances beyond that,which is normal to residential uses. City of San Juan Capistrano Land Use Code 9-3-140 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (6) There shall be no use of any mechanical equipment, appliance, or motor outside of —. an enclosed building or which generates noise detectable from outside the building in which it is located. (7) Only one home business permit will be issued per residential property. Several individual business licenses for separate activities may be issued, provided each licensed use complies with all other restrictions of this section. (8) There shall be no employee workers other than resident family members conducting business at the residence, except for one emplo✓ee providing service support to the business, including but not limited to, services such as accounting and clerical. (9) There shall be no dispatching of persons or equipment originating from the subject property. (10) Not more than one commercial vehicle identi f Eng the business use conducted as a home business and used or maintained in connection with the home business for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property,except as provided by state law, may be parked overnight outside of an enclosed garage at the residence. No vehicle with a gross weight of six thousand pc)unds or greater or exceeding the following size dimensions: a wheelbase of 168 inches, height not to exceed nine (9) feet,and an overall width of seven(7)feet,including side view mirrors and an overall length with accessory trailer of twenty-five (2 S) feet shall be parked overnight at the residence. (11) Home business activities shall not involve the use of more than one room, or 400 square feet of a dwelling,whichever is more restrictive, and no garage space shall be used for the conduct of any home business. This provision requires that two (2) car garage spaces be maintained and readily available. (d) Application for and issuance of permits for home business uses No person shall conduct a home business use without having first obtained a home business permit from the Department of Planning Services pursuant to Section 9-2.303 Administrative Approvals.Applications for such permir shall be filed by the applicant with the Department on such forms as may be provided by the City and shall be accompanied by such filing fee as may be set by resolution of the City Council. The application shall provide such information and documentation as the Planning Director shall determine to be appropriate. The Planning Director shall issue the home business permit if it is determined that the home business use will be conducted in accordance with this section and will not adversely affect the residential character of the subject property or nearby residential properties; City of San Juan Capistrano Land Use Code 9-3-141 November IS, 2002 Chapter 9.3 -Zoning Districts and Standards otherwise,the application shall be denied.The permit,if granted, shall specifically identify the occupant as permittee and describe the nature of the home business use thereby allowed. Home business permits shall not be transferable by the designated permittee to any other person. Permittees may be subject to periodic inspections to verify compliance with this section and the approved home business permit. Authorization shall be acknowledged by the business applicant upon submission of a Home Business application. (e) Home business uses in private communities A home business permit shall not be granted to any person living in any community administered by a homeowner association and legally constituted CC&A, enforced by an elected board of directors, unless the said board of directors has taken formal action on the application. Any such applicant shall disclose on his application form whether said - action has been obtained from the board of directors. Written proof of said action shall be submitted with the application. (f) Prohibited uses The following uses are prohibited: (1) The repair,manufacture,processing or alteration of goods,materials or objects,with the exception of dressmaking, tailoring, and tlae manufacturing of arts and crafts items intended for off-premises sale where no equipment or process is used which creates an adverse impact on the neighborhood. -- (2) Any use involving food handling, processing or packing which creates an adverse impact on the neighborhood. - (3) Harboring, training or raising dogs,cats, bees, horses or other animals for commercial purposes. (4) Automobile and/or body and fender or boat repairing. (g) Revocation of home business permit The Zoning Administrator may revoke a home business permit after notice and an opportunity to be heard by the permittee upon his determination that the home business is being conducted contrary to the regulations set forth in this section or in a manner which adversely affects the residential character of the subject property or nearby residential properties, or the health,welfare or safety of neighboring residents. City of San Juan Capistrano Land Use Code 9-3-142 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards (h) Termination of home business uses as nonconforming uses Nonconforming home business uses shall be rernoved pursuant to Section 9-3.533 Nonconforming Uses, Lots, and Structures. Section 9-3.525 Kennels (a) Commercial kennels Kennels operated as a commercial activity may be permitted or subject to a conditional use permit in designated district. (b) Noncommercial kennels Noncommercial kennels where no commercial activity is conducted (no sale of dogs) may be established in the Residential/Agriculture (RA) District as an accessory use and in the Hillside Residential(HR),Single-Family-40,000(RS.E-40,000)and Single-Family-20,000 (RSE-20,000) Districts subject to approval of a conditional use permit. (c) Other provisions The Planning Director may allow up to six (6) adult dols provided the following findings and conditions are met: (1) All adult dogs had been registered (licensed) to the applicant by Orange County Animal Control for at least one year (prior twelve (12) months) prior to the application for an exception,or residents that recently moved into the City had written proof that the number of dogs had been previously registered to the applicant by the - applicable governing agency prior to residency in the City. (2) Upon notification of nearby property owners of the exception request and a finding - that the subject dogs have not created a nuisance, as defined in Chapter 2,Article 4 of this title, such as excessive barking or non-containment within a secured area of the property. Said notification to be provided a minimum of ten (10) days prior to issuance of exception. (3) No substantial complaint histories have been previously reported by nearby property owners. - (4) The applicant for an exception executes an agreement that additional and/or replacement dogs will not be allowed upon the death or relocation of permitted dogs such that the total number of dogs will not exceed three (3). City of San Juan Capistrano Land Use Code 9-3-143 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Section 9-3.527 Landscape (water conservation standards) (a) Purpose and intent (1) To protect and preserve water resources withii.z the community in accordance with the Conservation and Open Space Element of the City General Plan; (2) To comply with state-required water efficient: landscape standards which require - cities to adopt water efficient landscape standards; (3) To ensure protection of water resources from excessive use of high water using plant materials in commercial, industrial, public, and residential development; (4) To establish review procedures to evaluate reports,plans,and landscape information pertaining to proposed development projects; (5) To provide landscape design standards which achieve water conservation while also contributing to an aesthetically enriched comraunity landscape. (6) To be consistent with Section 9-9-3.557 Tree Preservation and the property maintenance standards contained in Title 8 of the Municipal Code. (b) Scope and applicability (1) The provisions of this section shall apply to all new development proposals consisting of: (A) Residential development with a gross density of eight (8) units per acre or more, and/or other residential projects with significant landscape elements such as common areas, slopes, or project entries; -- (B) Commercial development; (C) Industrial development; (D) Public/institutional development. (2) The provisions for this chapter shall not apply to: (A) Cemeteries; (B) Buildings listed on the Ci y s Inventory of Historic and Cultural Landmarks, or State Historic Landmarks,or designated on the National Register of Historic Places; City of San Juan Capistrano Land Use Code _ 9-3-144 November 15, 2002 Chafrter 9.3 -Zoning Districts and Standards (C) Ecological restoration and mined-land reclamation projects that:do not require a permanent irrigation system. (c) Requirements/process (1) All development applications as defined in this section filed pursuant to this section shall include the submission of non-certified landscape and irrigation plans at the time an application for development is submitted for the development review process in accordance with the provisions of Article 3 Development Review Procedures of Chapter 2 of this title. (2) Final landscape and irrigation plans shall be submitted to the Planning Director for his/her review prior to the issuance of Building Permits, (3) Certification of a licensed landscape architect that the irrigation system was installed in accordance with the approved plan to the best of their knowledge shall be furnished to the Planning Director in writing prior to the issuance of final certificates of use and occupancy. The City may require subsequent water audits each year to determine on-going compliance with the provisions of this chapter. (4) A certified statement by a licensed landscape architect which states that landscaping has been installed according to the approved Final Landscape Plans. (d) Qualifications for preparing plans Persons qualified to prepare the Landscape and Irr:'igation Management Plans shall be California licensed landscape architects. (e) Landscape plans The landscape plan shall be legibly drawn on project base sheets at a scale that accurately and clearly identifies: (1) Landscape materials consisting of trees, shrubs, groundcover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name,common name,container size,spacing,and quantities of each group of plants indicated with a percentage of drought-tolerant and nondrought-tolerant plans; (2) Designation of hydrozones; (3) Property lines and street names; (4) Streets, driveways,walkways, and other paved areas; City of San Juan Capistrano Land Use Code 9-3-145 November 15,2002 Chapter 9.3 -Zoning Districts and Standards (5) Pools, ponds,water features,fences, and retaining walls; (6) Existing and proposed buildings and structures including elevations if applicable; (7) Natural features including but not limited to rock outcroppings,existing trees,shrubs _ that will be removed or remain; (S) Designation of recreational areas. (f� Irrigation plans Irrigation plans shall comply with the following requirements: (1) Non-certified irrigation plans shall be submitted as part of the application for development as part of the development review process as described under subsections (c) and (d) of this section. Final inrigation plans shall be prepared and — certified by a person or persons as defined under subsection (d) of this section prior to the issuance of a final certificate of use and occupancy. (2) The non-certified final irrigation plans shall include a watering schedule which incorporates the specific water needs of the plant material throughout the calendar year, a hardware component list for all materials used in the system, and a recommendation of regular maintenance schedules for the irrigation system. (3) The non-certified and final irrigation plans shall be drawn on project base sheets. The plans should be separate from, but use the same format as the Landscape plan. The scale shall be the same as that used for the landscape plan. (4) The preliminary and final irrigation plans shall accurately and clearly identify: (A) Location and size of separate water meters for the landscape,where proposed; (B) Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices; (C) Static water pressure at the point of connection to the public Nater supply; -- (D) Flow rate, application rate, and design operating pressure for each station. City of San Juan Capistrano Land Use Code 9-3-146 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (g) Landscape standards (1) Plant selection. At least ninety(90) percent of the plants selected in non-turf areas shall be drought-tolerant. tip to ten (10) percent of the plants may be a non- drought-tolerant variety as long as they are grouped together. (2) Turf. Turf shall be used that has a water requirement less than or equal to Tall Fescue. Exceptions may be granted where the :functional use requires another turf grass species in accordance with subsection (i) of this section. (3) Soil conditioning and mulching (A) A minimum of two (2) inches of mulch shall be added in non-turf areas to the soil surface after planting. Nonporous material such as plastic sheeting, polyethylene,and similar materials shall not be placed under the mulch.Weed barrier fabric or similar material may be used. (B) Grading shall be minimized to avoid disturbance. Top soil shall be stockpiled and shall be reapplied during final gradin,y. (4) Irrigation (A) Valves and circuits shall be separated based on water use,whether frequent use or required heavier water flow. (B) Drip or bubble irrigation systems are required for trees, regardless if planted alone.Bubblers shall not exceed a water consumption rate of one and one-half (1.5)gallons per minute and drip system emitters shall not exceed one gallon per hour per device. (C) Pop-up sprinklers in lawn areas shall have at least a four (4) inch pop-up height. Sprinkler head spacing shall be designed for head-to-head coverage. (D) Sprinklers should be designed for minimum run?#-and overspray onto non- irrigated areas and shall not be placed closer than six (6) inches to any paved area, building, or wall. (E) Sprinklers and sprays shall not be used in areas less than six(6)feet wide.Drip and/or bubblers shall be used in these areas. Bubblers shall not exceed a water consumption rate of one and one-half (1.5) gallons per minute and drip system emitters shall not exceed one per hour per device. (F) Check valves are required where elevation differences may cause low head drainage. - City of San Juan Capistrano Land Use Code 9-3-147 November 15, 1002 Chapter 9.3 -Zoning Districts and Standards (G) All irrigation systems shall be equipped with automatic rain shutoff devices. (H) Where available, irrigation systems shall use reclaimed water. (I) Utilization of the best available irrigation technology to maximize efficient use of water. Such methods could include the use of historical evaportranspiration rates, weather station (CIMIS) data, m6isture sensors, rain shut-off devices, drip systems, multiprogram electronic timers and maintained output sprinkler heads. (J) Valves shall be placed in valve boxes to rninimize vandalism and enhance the appearance of the irrigation installation. -- (K) A full-coverage permanent irrigation shall be installed. Hose bibs shall be located in not less than 200 feet intervals to allow for hose watering reinforcement to the system. (h) Design standards (1) Parking lots (A) Screening. Parking and circulation areas shall be screened from streets via boundary landscaping and/or berming. If berming is not feasible, areas shall utilize a combination of landscaping and lcw screening walls,and from adjacent properties of dissimilar zoning via landscape strips and/or walls or fences. (B) Net landscaping coverage. For parking lots smaller than 15,000 square feet, five (5) percent of the parking lot shall be landscaped (required frontage and boundary landscaping shall not count toward this interior requirement). (C) Net landscaping coverage.For parking Iots between 15,001 to 29,999 square feet, seven (7)percent of the parking lot shall be landscaped(required frontage and boundary landscaping shall not count toward this interior requirement). (D) Net landscaping coverage. For parking lots greater than 30,000 square feet, ten (10) percent of the parking lot shall be landscaped (required frontage and boundary landscaping shall not count toward this interior requirement). (E) Boundary landscaping.All areas between the parking lots and adjoining streets, or different zone districts shall have a minimum ten (10) foot wide permanent landscaped area, exclusive of parking overhang. City of San Juan Capistrano Land Use Code 9-3-148 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (F) Property line landscaping. All rear and side property lines shall have a minimum dimension of five (5) feet planted area. (G) Interior landscape islands.All double row parking spaces shall incorporate diamond - planters every three spaces. The diamond planters shall be centered on the parking space lines in order to avoid vel►icle conflicts with the plantings. (H) End of parking aisle planters.All end of aisles shall have end of aisle planting areas with a minimum five (5) foot wide planted area. (I) Finger planters. All finger planters shall have a minimum five (5) foot wide planted area. (J) Canopy trees.Canopy trees shall be used in parking lots for shading.A minimum of one tree for every six (6) stalls shall be distributed throughout the parking -- lot. (2) Parking structures (A) Parking structures shall have ground level landscaping along all sides of the structure exposed to public view. (B) Linear planters and/or trellises with cascading shrubs or vines must be provided along the outside edge of each parking level, especially the upper levels. (3) Street trees (A) Proposed development. In areas of the City where residential, commercial, or industrial development is proposed, the developer shall plant and install trees along private streets and within public rights-of-way in accordance with the specifications set forth in the Street Tree Master Plan. (B) Existing development. In developed areas of the City which are defined as priority areas requiring trees, the City shall initiate implementation measures in conjunction with the Capital Improvement Program of the City. The City when implementing improvements in priority areas, shall prepare precise landscape plans which will be in accordance with the specifications set forth in the Street Tree Master Plan. (4) Major slope areas. The use of turf should not be included in slopes exceeding twenty-five (2 5) percent. However,landscape Projects which include turf on slopes exceeding twenty-five (25) percent shall include design features for prevention of run& _ City of San Juan Capistrano Land Use Code 9-3-149 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (5) Project entry statements. Shall utilize combinations of trees, shrubs, and flowering ^ accents. (6) Pedestrian area landscaping - (A) Landscaping adjacent to walkways and within other pedestrian spaces shall include smaller species of shrubs and trees. (B) Pedestrian areas shall also utilize landscape accents such as trees espaliered against walls, flower beds,window boxes, and hanging pots with flowers and vines. (7) Landscaping and utilities (A) Utility boxes shall not be placed on sidewalks or bikeways and placed -- underground or screened. (B) Aboveground utility boxes shall be screened by means of landscape planting such as shrubs. (8) Landscaping curbs. Landscaping should be protected from vehicular encroachment through raised planting surfaces,depressed walks,and the use of six(6) inch curbs. (9) Root barriers/tree grates (A) Trees planted within fifteen (1 S) feet from sidewalks or other paved surfaces — must be installed with deep root barriers. (B) Tree grates or low curbs must be installed around trunks where trees are - planted within sidewalks or other paved surfaces. (10) Decorative use of water (A) Fountains or other types of decorative water bodies where water is sprayed _ into the air are discouraged. Fountains using recirculated water only, and which are designed to minimize evaporation, may be allowed. (B) Refilling existing fountains and/or other types of decorative water bodies may be prohibited during a City Council declared water emergency. City of San Juan Capistrano Land Use Code —_ 9-3-150 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (i) Exemption to water conservation standards Projects proposing non-drought-tolerant turf or grass for use as ball fields, football fields, soccer fields, or any other sport field may be granted an exemption from the provisions established in this chapter as determined by the final decisionmaking body for the application. v� Requirements for fuel modifications Where there is a conflict between the requirement of this chapter and the provisions for fire protection through fuel modification, and such conflict cannot be resolved, the Planning Commission may grant an exception to the requirements of this chapter with a finding that such an exception is necessary for purposes of public safety. City of San Juan Capistrano Land Use Code 9-3-151 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Section 9-3.529 Lighting Standards (a) Purpose and intent The intent of these provisions is to balance the goals of the General Plan to maintain a -- small-village,rural atmosphere,with the need to provide for the safe movement of vehicles and people in all districts. To meet this intent, recommended lighting levels are to be defined at minimum levels to protect the public safety and at the same time enhance the - appeal of buildings and landscaping to protect the desired atmosphere of the community. Standards contained in this section are based on the recommended standards of the Illuminating Engineering Society (IES). (b) Commercial, industrial, and public institutional districts All properties located within a commercial(TC,OC,NC,and GC)district,industrial(CM and IP) district, public institutional (P&I) district, Solid Waste Facility (SWF) district, Farm Market(FM)District,Recreation Commercial(RC)District,and non-residential portions of special districts including Planned Community (PC) and Specific Plan/Precise Plan (SP/PP) districts shall be subject to the exterior lighting regulations set forth. (1) Parking lot lighting. Parking lot lighting is vital for traffic safety; for protection against assault,theft and vandalism;for convenience and comfort to the user.Parking lot lighting design standards of Tables 3-22 and 3-23 have been established to provide for the safe movement of both vehicles and pedestrians. (A) General Parking and Pedestrian Areas. Unless determined by the Planning Director, as stated in subsection (B) of this subsection,parking lot lighting within non- residential districts shall meet the General Parking and Pedestrian Areas lighting standards contained in Table 3-22. Maximum allowable lighting level shall be determined by applying the uniformity ratio(maximum-to-minimum) contained in Table 3-22 to the minimum illuminance required by Table 3-22. (B) Enhanced Security Areas. If the Planning Director determines that personal security or vandalism is a likely problem for a proposed project,he or she may require that the Enhanced Security Areas parking lot lighting standards contained in _ Table 3-22 be met. Maximum allowable lighting level shall be determined by applying the uniformity ratio (maximum-to-minimum)contained in Table 3- 22 to the minimum illuminance required by Table 3-22. — City of San Juan Capistrano Land Use Code 9-3-152 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-22 Maintained Horizontal Illuminance for Parking Lots Open Parking Facilities General Parking &Pedestrian Areas Enhanced Security Areas Minimum Uniformity Minimum Minimum Uniformity Minimum Horizontal Ratio Vertical Horizontal Ratio Vertical Illuminance (Maximum- Illuminance*** Illuminance (Maximum- Illuminance*** (lux)* to- (lux)* to- Minimum)"* Minimum) Maintained Illuminance 2 lux10.2 fc 20:1 1 lux/O.I fc 51ux/0.5 fc 15:1 2.51ux/0.25 fc Values Covered Parking Facilities Day Night Areas Minimum Max/Min Minimum Minimum Max/Min Minimum Horizontal* Horizontal Vertical*** Horizontal* Horizontal Vertical Uniformity Uniformity Ratio"* Ratio** General parking and 10 lux/1.0 fc 10:1 5 lux/0.5 fc 10lux/1.0 fc 10:1 51ux/0.5 fc pedestrian areas Ramps and corners 201ux/2.0 fc 10:1 10lux/1.0 fc 20lux/1.0 fc 10:1 5 lux/0.5 fc Entrance areas 5001ux/50 2501ux/25 fc 101ux/1.0 fc 10:1 5 lux/0.5 fc fc Stairways 20lux/2.0 fc 101ux/1.0 fc 201ux/2.0 fc 10lux/1.0 fc fc footcandle * Measured on the parking surface,without any shadowing effect from parked vehicles or trees/columns at the points of measurement �* The highest horizontal illuminance point divided by the lowest horizontal illuminance point or area should not be greater than the values shown. *** Measured at 5 feet above parking surface at the point of lowest horizontal illuminance,excluding facing outward along boundary. City of San Juan Capistrano Land Use Code 9-3-153 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (C) Parking lot lighting design standards. The lighting design standards depicted in Table 3-23 shall apply to parking lots. Table 3-23 Parking Lot Lighting Design Standards Feature Standard ;Fixture Height Pole mounted fixtures shall not exceed 20 feet in height as measured from finish grade to the bottom of the light fixture. Concrete pedestals shall not exceed 24 inches and shall be included in the overall height. Building mounted fixtures shall be located below the roof eave and not exceed the height of the pole mounted fixture(20 feet)whichever is lower. Light Source Metal halide, high pressure sodium, and similar sources shall be permitted. Halogen and mercury vapor sources shall be prohibited. Fixture Type Within the Tourist Commercial (TC) District, contemporary styled fixtures shall be prohibited. Free-standing light fixtures must comply with the City-established list of pre-approved fixture styles using a horizontal light that does not project below the cut-off lenses. For building mounted fixtures, the Planning Director shall insure that the proposed fixture type;will be in scale with the building elevation on which it is to be installed.The Planning Director may refer this latter determination to the Planning Commission. -- Spacing of Fixtures The distance separating lights shall be determined by the type of light fixture and the requirement to satisfy the intensity provisions for"Fixture Height"above. Shielding Shielding shall be required so that light measured 5 feet outside the property boundary shall not exceed 0.1 footcandle. I_xterior lighting fixtures that will be visible from adjacent residential areas shall be oriented such that the light source is not visible from said adjacent property. (2) Pedestrian walkway lighting. The minimum standards in Table 3-24 shall be satisfied to insure the safe movement of pedestrians within a commercial,industrial or public project (excluding public facilities where the site is closed during non- daylight hours). In areas where special pedestrian security is desired, the property owner should consider the specific recommendation for such activity areas noted in Table 3-25 for lighting illuminance. Maximum allowable lighting level shall be determined by applying the uniformity ratio (average-to-minimum/maximum) _ contained in Table 3-25 to the average illuminance required by Table 3-25. City of San Juan Capistrano Land Use Code 9-3-154 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-24 - Pedestrian Ways Design Standards Feature Standard - Illuminance Minimum lighting shall meet the requirements as set forth in this table. Furthermore said light shall be directed in such a manner that any changes in elevation of the walkway(i.e. steps or curbs) shall be illuminated such that said features are clearly discernable(without shadow). Fixture Type Pedestrian walkway light fixtures can be a combination of free-standing pole, bollard, in-place step or building mounted fixtures. For building mounted fixtures, the Planning Director shall insure that the proposed fixture type will be in scale with the building elevation on which it is to be installed.The Planning Director may refer this latter determination to the Planning Commission. Fixture Heights Light fixtures shall not exceed the following height provisions: - Free-standing pole-Not greater than 14 feet as measured from finish grade to the bottom of the light fixture. Building-mounted- Shall be located below the roof eave or 14 feet whichever is less. Bollard- Said fixture type shall not exceed a height of 42 inches as measured fromf nish grade to the top of the fixture. City of San Juan Capistrano Land Use Code 9-3-155 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-25 Average Maintained Illuminance Levels for Pedestrian Ways* Walkway and Bikeway Classification Minimum Average Average Vertical Levels Horizontal Levels for Special Pedestrian (Eavg) Security(Eavg) Sidewalks (adjacent to roadways) and on-street bikeways Commercial areas 101uxi 0.9 fc 221ux/2 fc Intermediate areas 61ux/3.6 fc 11 lux/1 fc Residential areas 21ux/0.2 fc 5 lux/0.5 fc Walkways (not adjacent to roadways) and off-road bikeways Walkways,bikeways, and stairways 5 lux/0.5 fc 5 lux/0.5 fc Pedestrian tunnels 43 lua/4 fc 541ux/5 fc * Crosswalks traversing roadways in the middle of long block and at street intersections should be provided with additional illumination. Notes: 1. The average vertical levels for special pedestrian security is for pedestrian identification at a distance. Values at 6 feet above the walkway. 2. The average-to-minimum/maximum uniformity ratio in non-special pedestrian security areas shall not exceed 4:1. 3. The average-to-minimum/maximum uniformity ratio in special pedestrian security areas shall not exceed 5:1. (3) Architectural and landscape lighting.The use of architectural or landscape lighting to highlight the unique features of a building and/or surrounding landscape treatment may be considered during the development review process. In order to consider whether such lighting should be approved,the following procedures and criteria have been prepared to assist in the consideration of such applications: (A) Architectural and landscape lighting. The consideration and approval of said type lighting shall be reviewed and approved by the Planning Commission. The Planning Commission in considering such architectural and landscape highlighting shall determine whether the lighting satisfies the criteria in subsections(i)and(ii)and the general guidelines noted in subsections(iii)and (iv). (i) The lighting will illuminate an architectural feature or landscape feature that is unique to the particular project due to the use of materials, colors, or design characteristics that relate to similar historic features that are found within the City; and, Ciry of San Juan Capistrano Land Use Code 9-3-156 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (ii) The architectural lighting proposal will enhance the design of a project and is not solely used as an attraction getting device. (iii) Location of fixtures. Highlighting fixtures may be located either on the building,on adjacent ground,and on ornamental standards.These fixtures are to be arranged such that they are not generally visible to the public. (iv) Shielding for glare.Highlighting fixtures should be located and designed in such a manner that the actual lamp and reflector are shielded or louvered so that it is not seen from a normal public viewing area. Shielding or louvering is especially important in areas where there is considerable vehicle and pedestrian traffic that direct glare be avoided. (B) Exposed string lighting regulations. Exposed string lighting is permitted subject to the following provisions: (i) Exposed string lighting shall be defined as low wattage lights with individual bulb receptacle connected by electrical wires that are exposed to the outside surface of a plant or building feature, more specifically said lights shall be defined as a commercially available maximum 2.8 watt system, designed for exterior installation and use. Lights which are blinking or chasing are not permitted. - (ii) Temporary exposed seasonal stringlighting shall be permitted during the period between the third Saturday of November and New Year's Day. Said lighting fixtures are to be removed by January 8th of each year. (iii) Permanently exposed string lights are permitted in the General Commercial (GC), Tourist Commercial (TC), Farm Market (FM), and the Neighborhood Commercial (NC) Districts subject to the approval by the Planning Director provided that all of the following criteria are satisfied: (a) Exposed permanent string lights shall be exclusively a white light with a clear bulb and are limited to the lighting of living landscape features (trees) if used in cornbination with other highlighting or pedestrian lighting fixtures within the immediate area. (b) Exposed string lights shall be limited to designated outside dining or display areas and main pedestrian entry to a project site. (c) Said lighting fixtures shall require an electrical permit for installation and shall be secured to the landscape feature with bands that will not puncture the skin of the plant. City of San Juan Capistrano Land Use Code 9-3-157 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (d) Applications for such lighting shall be limited to one (1) per project and shall not involve an area greater than five (5) percent of the building square footage of a center nor more than fifteen (15) percent for a free-standing commercial building not part of a commercial center or plaza. (e) Approval of applications shall be made by the Planning Director upon satisfactory compliance with the limitations and design parameters above. Said approval shall be conditioned to include compliance with minimum property maintenance standards of Title 8 Property Maintenance Standards. Failure to properly maintain the lights shall be subject to removal of said fixtures. (iv) Applications for exposed string lights that are not consistent with the provisions of subsection (iii) above shall be subject to the review and approval of the Planning Commission. (4) Exterior display lighting. Display lighting for use defined and permitted in accordance with Section 9-3.549 Storage and Display shall meet the standards contained in Table 3-26. (5) Security lighting. Security lighting shall be provided and shall include all pedestrian lighting,signs(if used as security illumination),riot more than one-tenth(0.1)of the - parking lot lights (these lights shall be equipped with a photo-cell for dusk to dawn illumination),and required lights over all building entries.Exterior lighting including parking lots shall be reduced in intensity between 10:00 p.m.,or one-half hour after close of business,whichever is later, and 6:00 a.m. City of San Juan Capistrano Land Use Code 9-3-158 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-26 Exterior Display Lighting Design Standards Feature Standard Illuminance The lighting of the display area will optimize the dispersion of light for a smooth transition throughout the display area.The amount of display area light projected onto the ground surface shall not exceed a 50 footcandle average(initial light intensity)with an average to minimum ratio of not less than 5 to 1 (5:1). This shall be the initial reading and not the maintained level of lighting. Fixture Height The height of exterior light fixtures shall be as follows: ° Building-mounted fixtures shall be located below the roof eave. ° Pole-mounted shall not exceed 14 feet as measured from finish grade to the top of the light fixture. Concrete pedestals used to protect the light pole shall not exceed 24 inches in height and shall be included in the overall height calculation. ° Roof mounted display lights are prohibited. (c) Outdoor recreational lighting Outdoor lighting associated with a permitted recreational use, shall be subject to the approval of a conditional use permit by the City. All outdoor recreational lighting shall be designed to comply with the standards contained in Table 3-27. City of San Juan Capistrano Land Use Code 9-3-159 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-27 Outdoor Recreation Lighting Design Standards Feature Standard Illuminance The average and/or maximum light illuminance, measured in footcandles, shall not exceed the recommended average or maximum guideline established for the proposed recreational use by the Illuminating Engineering Society.The City may, as part of the conditional use permit process, restrict lighting to a level less than the Illuminating Engineering Society recommended guideline. Pole Height The maximum height of outdoor lighting for courts (basketball,volleyball, handball, horseshoe, etc.) shall not exceed 25 feet:as measured from finished grade.The maximum height of outdoor lighting fcr athletic fields(baseball, softball, football, soccer, etc.) shall be determined by the Planning Commission during consideration of the Conditional Use Permit. Lighting Lighting source shall be limited to metal halide. Source Shielding Lighting shall be directed to areas within the property line to minimize glare in surrounding areas. Spillover and glare shall be minimized by using fixture cutoffs and optically controlled luminaries on all lighting;nxtures. - (1) Submission requirements. Application submission requirements shall be the same as those listed under subsection (e)(1), below. (2) Tennis court light standards. Specific standards regarding tennis courts are found under Section 9-3.501 Accessory Uses and Structures. (d) Residential districts All properties zoned for residential use shall be subject to the exterior lighting standards in Table 3-28. Standards apply to security lighting and decorative lighting: City of San Juan Capistrano Land Use Code 9-3-160 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-28 Residential Lighting Design Standards Feature Standard Illuminance The amount of light projected onto any surface shall not exceed 5 footcandles. Fixture Height Building-mounted lights shall be installed below the eave line and no higher than 14 feet unless used to illuminate a second story entry eave, balcony, or outside stairway or door where in such case it shall be no higher than 8 feet above the floor elevation of the second story. Pole or wall-mounted fixtures shall be limited to 8 feet in height above finished grade. Spacing of The distance separating lights shall be a minimum of 35 feet.An exception to this Fixtures provision is for decorative lights located at the entrance to the main driveway to the residence where said lights are to be located on opposite sides of the edge of the driveway surface and low level pedestrian walkway lights (18 inches) not more than 5 footcandles in intensity(except low-wattage light sources that do not require an electrical permit). Location of Lighting shall only be installed adjacent to buildings,walkways,driveways, or activity Fixtures areas (swimming pools, spas, outdoor dining areas, equestrian barns, and other similar uses) and focal landscape areas located in close proximity to the residence or activity area. Light Source The use of high pressure sodium and metal halide are permitted light sources. Shielding Where the light source is visible from outside the;property boundaries, such lighting shall not exceed 1 footcandle as measured at the property line common with an adjacent private property. (e) Administrative procedures The following administrative procedures shall be used in considering applications for exterior lighting permits: - (1) Plan submission requirements.Applications for exterior lighting shall be in a form approved by the Planning Director. (2) All commercial,industrial,public institutional,,and residential districts(subsection (b) and (d), above). All such permit actions are to be reviewed and determined to be in compliance with the applicable provisions of this section. Said permit approval is a ministerial action by the Planning Director pursuant to Section 9-2.303 Administrative Approvals. City of San Juan Capistrano Land Use Code 9-3-161 November 15, 2002 Chapter 9.3 a Zoning Districts and Standards (3) Outdoor recreational lighting (subsection (c), above). All such uses are subject to review and approval of a conditional use permit by the Planning Commission. Procedures for consideration of a conditional us,e permit shall be per Section 9-2.31 S Conditional Use Permit. (4) Exceptions. Exceptions to the above standards shall be considered by the Planning Commission after conducting a duly noticed and advertised public hearing. Exceptions shall only be granted by the Planning Commission if the following findings are made: (A) The exception is consistent with the intern and purpose of these standards and it will not adversely impact immediately adjacent properties; and (B) The exception is necessary to provide minimum lighting levels to provide for the safety of the public. Section 9-3.531 Noise Standards (residential and non-residential) (a) Noise level measurements Any noise level measurement made pursuant to the provisions of this Code shall be performed using a sound level meter.For the purposes of this section,"sound level meter" shall mean an instrument meeting the American National Standard Institute's Standard 51.4-1971 for Type 1 or Type 2 sound level meters or an instrument with associated recording and analyzing equipment which will provide equivalent data. (b) Minimum exterior noise standards (1) The following noise standards in Table 3-29 and 3-30 shall be used as the base of measurement for determining noise violations affecting uses within the residential, public and institutional and commercial districts. The General flan contains noise compatibility standards for use when planning and making development decisions. Table 3-29 Exterior Noise Standards for Residential and Public and Institutional Districts Noise Level Time Period 65 dB(A) 7:00 a.m. to 7:00 p.m. 55dB(A) 7:00 p.m. to 10:00 p.m. 45dB(A) 10:00 p.m. to 7:00 a.m. City of San Juan Capistrano Land Use Code - 9-3-162 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-30 Exterior Noise Standards for Commercial Districts Noise Level Time Period 65 dB(A) At any time during the day Each of the noise levels set forth in this subsection shall be reduced by five(5)dB(A) for impacts of simple tone noises or noises consisting of speech or music. (2) No person at any location within the City, including the industrial and open space districts,shall create any noise,or permit the creation of any noise,which causes the noise level within a residential,public and institutional or commercial district to exceed the standards included in Tables 3-29 and 3-30 by the amount and for the period of time identified in Table 3-31. Table 3-31 Maximum Noise Levels Not to be l?xceeded Maximum Noise Level Not to be Exceeded During Period of Time Period of Time Exterior noise standard plus 20 dB(A) Any period of time Exterior noise standard plus 15 dB(A) Cumulative periocl of more than 1 minute in any hour Exterior noise standard plus 10 dB(A) Cumulative period of more than S minutes Exterior noise standard plus 5 dB(A) Cumulative periodof more than 15 minutes in any hour Exterior noise standard Cumulative period.of more than 30 minutes in any hour (3) The location selected for measuring exterior noise levels shall be at a point within the affected property. (c) Interior noise standards - (1) No person at any location,including the industrial and open space districts,within the City shall create any noise, or permit the creation of any noise, on property owned, leased, occupied, or otherwise controlled by such person, which noise causes the City of San Juan Capistrano Land Use Code 9-3-163 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards noise level,when measured within a dwelling unit on any residential property during the period from 10:00 p.m. to 7:00 a.m., to exceed: (A) The noise standard plus ten (10) dB(A) for any period of time; or (B) The noise standard plus five(5)dB(A)for a cumulative period for a cumulative period of more than one minute in any:hour; or (C) The noise standard for a cumulative period of more than five (5) minutes in any hour. (2) The method of noise level measurement for interior noise shall be made with the windows and doors closed with the measurements made at a point at least four (4) feet from the wall, ceiling, or floor nearest the noise source in the affected residential unit. (d) Special provisions The following activities shall be exempted from the provisions of this section: (1) School bands, school athletic, and school entertainment events; (2) Carnivals, festivals, parades, arts and crafts exhibits, public dances, skating, and entertainment events provided such events are conducted pursuant to a permit issued by the Planning Director pursuant to the provisions of Section 9-3.553 Temporary Uses and Structures; (3) Any mechanical device,apparatus,or equipment used,related to,or connected with emergency machinery,vehicles, or work; (4) Noise sources associated with construction,repairs,remodeling,or thegrading of any real property, except that such activities shall not be exempt from the provisions of this section if conducted from 6:00 p.m. to 7:00 a.m. on Monday through Friday, or from 4:30 p.m. to 8:30 a.m. on Saturday,or at any time on Sunday or a national holiday; (5) Any mechanical device, apparatus, or equipment utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; (6) Mobile noise sources associated with agricultural operations, except that such operations shall not be exempt from the provisions of this section if conducted from 8:00 p.m. to 7:00 a.m. on Monday through Saturday or at any time on Sunday or a Federal holiday; City of San Juan Capistrano Land Use Code 9-3-164 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (7) Mobile noise sources associated with agricultural pest control through pesticide applications provided such applications are made in accordance with restricted material permits issued by, or regulations enforced by, the County Agriculture Commissioner; (8) Noise sources associated with the maintenance of real property used for residential purposes provided such activities take place from 7:00 a.m.to 8:00 p.m.on any day except Sunday or from 9:00 a.m. to 8:00 p.m. on Sunday, for example, mowing lawns and carpentry repairs; and (9) Any activity for which regulation is preempted by State or Federal laws. (e) Nuisances Noise shall be considered a nuisance pursuant to Article 4 of Chapter 2 of this title. Section 9-3.533 Nonconforming Uses, Lots, and Structures (a) Purpose and intent Within the districts established by Section 9-3.101 Districts Established,where there exist lots,structures, or uses of land and structures which were lawful before November 17, 1975, but which are prohibited or restricted by Chapter 3 of this title, this section provides for the regulation of such nonconformities by specifying the circumstances and conditions under which they may continue to exist. (b) Continuation of nonconformities Except as otherwise permitted by the provisions of Chapters 1 through 5 of this title, nonconformities may be continuously maintained provided there is no alteration or addition to any structure,nor any enlargement of area., space, or volume occupied by such nonconformity. (c) Time periods affecting nonconformities Unless otherwise specifically set forth, all time periods affecting nonconformities shall begin on November 15, 2002,or on the effective date of an amendment to the provisions of Chapters 1 through 5 of this title or change in the O�jciol Zoning Map if such amendment or change causes a nonconformity. City of San Juan Capistrano Land Use Code 9-3-165 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (d) Repairs and maintenance (1) Ordinary repairs and maintenance work. Ordinary repairs and maintenance work may be made to a nonconformity, subject to the following provisions: (A) Maintenance work shall not include structural alterations, except those required by law or those required to make the structure and use conform to the _ standards and use regulations of the district in which such structure and use are located. (B) Ordinary repairs and the repair or replacement of nonbearing walls, fixtures, wiring, and plumbing may be made to an extent not exceeding the latest assessed valuation of the structure. In no case,however, shall the cubic content T of the structure as it existed when it became subject to nonconformity be increased. (2) Repairs to damages. In the event such damage or destruction exceeds twice the assessed valuation of such structure,that structure shall not be reconstructed except in conformity with all use and area regulations for new structures in the district in which such structure is located. (3) Strengthening and restoring. Nothing set forth in this section shall be deemed to prevent the strengthening or restoration to a safe condition of any structure or its support structure, or part thereof, declared to be unsafe by any officer of the City charged with protecting the public safety upon the order of such officer. (e) Enlargement A nonconformity shall not be enlarged in volume or extended or relocated beyond the area _ it occupies, unless its enlargement, extension, or relocation is: (1) Made to conform to the regulations of the district in which it is located; and — (2) Conforms to the following provisions: (A) Any exception permitting the enlargement, extension, or relocation shall not be construed to extend the termination date, if any, of the subject nonconformity. (B) Where parking and loading requirements are the cause for nonconformity,the use shall not be intensified,nor associated structure enlarged or altered to create additional dwelling units, guest rooms, seating capacity, or floor area, unless additional parking and loading requirements are supplied and maintained to City of San Juan Capistrano Land Use Code 9-3-166 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards meet the parking requirements, subject to the provisions of Section 9-3.535 Parking. (f) Change of nonconforming uses to other uses A nonconforming use shall not be changed to another use, except to a use permitted in the district where is its located. (g) Nonconforming lots and the construction of single-family dwellings In any district in which single family dwellings are permitted, a single family dwelling and the customary accessory structures may be erected on any ht which is only nonconforming with respect to the lot area and lot width standards. However, such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership. (h) Nonconforming lots in single ownership If two (2) or more unimproved lots with continuous frontage in single ownership are of record on September 17, 197 5,and if all or part of such lots do not meet the requirements established for lot width and area,the lands involved shall be considered to be an undivided parcel for the purposes of Chapters 3 and 4 of this title. No portion of such a parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements set forth in Chapters 3 and 4 of this title. (i) Nonconforming uses in the Specific Plan/Precise Plan (SP/PP) District Minor modifications to nonconforming uses in areas designated Specific Plan/Precise Plan (SP/PP) and subject to a Specfc or Precise flan may be approved subject to the requirements of Section 9-3.317 Specific Plan/Precise Plan (SP/PP) District. (j) Nonconforming amateur radio antennas All amateur radio antennas lawfully constructed and erected prior to the effective date of the ordinance codified in Section 9-3.507 Antennas are considered legal nonconforming and are not subject to the development standards included in Section 9-3.507 Antennas provided that a record of its size, location, height and any other information deemed necessary by the Planning Director is on file with the Department of Planning Services. In order to secure any right under Section 9-3.507 Antennas,the amateur radio antenna owner shall submit this record to the Department of Planning Services on a form or application supplied by the Department of Planning Services.The amateur radio antenna owner is responsible for providing the necessary information to the Cite for inclusion in the record of nonconforming antennas. City of San Juan Capistrano Land Use Code 9-3-167 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (k) Nonconforming home business uses (1) Removal within 60 days. Any existing home business use in existence prior to November 15, 2002 which is nonconforming to the regulations of Section 9-3.523 Home Business are hereby deemed to be a public nuisance and shall be removed by the occupant within an amortization period of sixty(60)days from enactment of the ordinance codified in this section. (2) Extensions. The Planning Director may grant an exception to the above-stated maximum period of time for removing the home business use by granting an additional permit of time for removal; however, the extension of time shall not be greater than the time necessary to amortize documented expenditures directly associated with the home business use undeir applicable criteria of the Internal Revenue Code. The permittee shall have the burden of presenting creditable information to support the request. (1) Structures and plans previously approved (1) Any structure which was approved prior to November 15, 2002, but which does not conform to any or all of the provisions of Chapters 1 through 5 of this title,may be completed and used in accordance with the provisions of Chapters 1 through 5 of this title, or any amendment thereto, provided: (A) The construction or proposed use of such structure is not in violation of any other law on November 15, 2002; (B) Such structure is completed in accordance with the plans and specifications previously approved as to City requirements; and (C) The building permits for the structure were obtained on or before November 15, 2002, and, once issued, the building;permit did not become void. (2) Approved tentative maps shall remain effective until November 15, 2002, or until Y such time as the map shall normally expire. If a tentative map approved prior to November 15,2002,is considered for an extension,such extension may be granted - upon a finding by the Planning Commission that the tentative map is in substantial compliance with the provisions of Chapters 3 and 4 of this title. (m) Removal of nonconforming uses or structures The City may adopt abatement programs for non-conforming uses and structures that are found to cause a public nuisance. The abatement program shall identify an amortization period and process for the removal of non-conforming use or structure. City of San Juan Capistrano Land Use Code 9-3-168 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (n) Violations Any of the following violations shall immediately terminate the right to operate a nonconformity: (1) Changing a nonconforming use to another use not permitted in the district or allowed pursuant to the provisions of subsection (f) of this section; (2) Increasing or enlarging the area, space, or volume occupied by or devoted to such non-conforming use; or (3) Increasing the number of personnel employed or volume of business performed so that such increase constitutes an intensification of the nonconforming use. Section 9-3.535 Parking (a) Purpose and intent The provisions of this section are established to provide for the off-street parking of motor vehicles which are attracted by uses on the premises. The parking facilities required by this section for motor vehicle parking and maneuvering are assumed to be the minimum need for such facilities created by each particular land use. It is intended that the provisions of this section will: (1) Result in properly designed parking areas of adequate capacity which will reduce traffic congestion, promote increased business, and enhance public safety; (2) Where appropriate, insulate surrounding uses from the adverse impacts of parking facilities; and (3) Prescribe the minimum off-street parking and loading requirements for the various structures and uses irrespective of the districts in which they occur. (b) General requirements (1) Certificates of use and occupancy. A certificate oFuse and occupancy for any structure or premises shall be issued only after all the required parking and loading facilities have been completed in conformance with the provisions of this section. (2) Changes in uses.When the use of any structure or premises is changed to a different use having a higher parking requirement,additional parking shall be provided to meet the new requirements prior to the issuance of a new cern icate of use and occupancy. When the use of any premises is enlarged or expanded, additional parking to meet City of San Juan Capistrano Land Use Code 9-3-169 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards the requirements of this section shall be provided for the enlarged or expanded portion only. (3) Existing required facilities. Off-street parking and loading facilities in existence on September 17, 1975, or authorized by an approved development plan, shall not be reduced below the requirements for an equivalent new structure or use. All such facilities shall be continued for as long as the structure or use served is continued or until equivalent facilities are substituted in conformance with the provisions of this section. (4) Facilities not required.Any off-street parking or loading facility which is permitted but not required by this section shall comply vAth all the provisions of this section governing the location, design,improvement, and operation of such facilities. (5) Location of facilities. All permitted or required accessory parking and loading facilities shall be provided on the same site as the structure or use served,except where specifically permitted to be located off the site by the provisions of subsection (c) of this section. (6) Use of facilities for storage. The storage of merchandise, motor vehicles for sale, recreational vehicles, trucks, or wrecked or junked vehicles or the repair of vehicles in M areas designed for off-street parking shall be prohibited. (7) Requirements for unspecified uses. Parking requirements for structures and uses not set forth in subsection(g)of this section shall be determined by the Planning Director, and such determinations shall be based on the requirements for the most comparable structure or use specified. (c) Parking facilities -Joint use/shared parking (1) Authorized.Parking facilities may be provided jointly subject to the satisfaction of the requirements of this section and approval by the Planning Commission pursuant to Section 9-2.317 Conditional Use Permit. (2) Joint usage where there is an overall deficiency in the number of spaces provided. Parking facilities for adjoining uses whose peak hours of operation are substantially different may be provided jointly. Such joint usage shall be subject to: (A) The granting of a conditional use permit by the City in each case; and (B) The satisfaction of the following conditions: (i) Absence of conflicts. Sufficient: evidence shall be submitted demonstrating that no substantial conflict in the principal hours or City of San Juan Capistrano Land Use Code 9-3-170 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards periods of peak demands of the structures or uses for which the joint use is proposed will exist. (ii) Amount of credit. The number of parking spaces which may be credited against the requirements for each structure or use involved shall not exceed the number of spaces reasonably anticipated to be available during the differing hours of operation. (iii) Location.The parking facilities desipated for joint use shall be contiguous to all the structures and uses served. (iv) Recorded agreements. The City may require a written agreement, approved by the City Attorney as to form and content,to be executed by all parties concerned and filed in the office of the County Recorder. Such agreement shall be a covenant running with the land or other enforceable restriction and shall assure the continued availability of the number of spaces designated for joint use at the periods of time indicated. (3) Joint usage where there is no overall deficiency in the number of spaces provided. If two (2) or more adjoining uses are under cornmon ownership, or if the ownership is not common and the respective owners thereof have acquired recordable easements appurtenant for off-street parking,such buildin�,ls or uses collectively may provide the required off-street parking,in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately. (4) Mixed land use developments (shared parizing,l. Shared parking may be considered in determining the specific number of parking spaces that can be used to serve two(2) or more individual land uses without conflict or encroachment. Any program that would use a shared parking concept may be granted by the Planning Commission if it determines in any individual use that the following findings can be satisfied: (A) Variations in the peak accumulations of parking vehicles as the result of different activity patterns of mixed land use will not result in a deficiency of parking spaces (by hour, by day, by season). (B) Relationship among land use activities that results in people's attraction to two (2) or more land uses on a single trip to the development. In preparing information for consideraton by the Planning Commission, a methodology acceptable to the Planning Director and Director of Public Works is to be used. City of San Juan Capistrano Land Use Code 9-3-171 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (d) Parking facilities - Design and improvement standards (1) General design requirements (A) All spaces shall be provided adequate access by means of maneuvering lanes. Spaces designed so that it is necessary to back directly into a public street to enter or to leave them shall be prohibited, except for residential garages and carports serving single family dwellings and duplexes. (B) Adequate entries and exits to and from parking facilities by means of clearly _ defined drives shall be provided for all vehicles. Circulation within a parking facility shall be such that: (i) A vehicle using the parking facility need not enter the street to reach another aisle within the same facility. (ii) All parking spaces,garages, and carports shall be accessible and usable for the full number of parking spaces required whenever the use or structure which they were built to serve is in operation. (C) Continuous curbs and/or headers shall be used instead of individual wheel stops, unless otherwise approved by the Planning Director. (D) The illumination of a parking or loading facility shall conform to the — requirements standards contained in Section 9-3.529 Lighting. (E) The entire parking area, including the parking spaces and maneuvering lanes required by this section, shall be paved with asphaltic, concrete surfacing, or other acceptable material in accordance with specifications approved by the Gy Engineer and Orange County Fire Authority. (2) Specific design requirements (A) Markings. In all parking facilities, individual stalls shall be marked with hairpin lines four(4)inches to six(6)inches wide forming an elongated"LI"between twelve (12) inches and twenty-four(2 4) :inches wide around the centerline of each stall, except that parking facilities serving not more than two (2) dwelling units on a single lot need not be marked. The space widths set forth in this subsection shall be the overall width of the stall, including the areas required for marking. In all parking facilities containing twenty-one (2 1) or more spaces, the aisles, approach lanes,and maneuvering areas shall be clearly marked with directional arrows and lines to expedite traffic movement. Once a parking faciliy has been City of San Juan Capistrano Land Use Code _ 9-3-172 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards marked in accordance with the approved site plan, the markings shall be permanently maintained. (i) Marking maintenance. Will be properly marked and maintained. (ii) Changes. If any changes to existing markings are approved by the City, existing markings shall first be ground out or sand blasted prior to re- marking the parking area. Painting over existing markings without first grinding out or sand blasting is :not permitted. Re-marking of the parking area according to the approved, revised site plan will be done in accordance with this section. (B) Layout. Plans for the layout of off-street parking facilities shall be in accordance with the minimum requirements set forth in Table 3-32 and Figure 3-4. For landscape islands at the end of aisles,the length of the island shall be rounded with a maximum dimension of fifteen (15) feet from the front of the parking stall to the end of the landscape island (as shown in Figure 3-4). (C) Residential garages. For residential uses, single-car garages shall be a minimum of ten(10) feet wide by twenty(20) feet deep,and two (2) cargarages shall be a minimum of nineteen (19) feet wide by twenty(2 0)feet deep,provided no washer/dryer or water heaters are located within said designated area. TABLE 3-32 MINIMUM PARKING FACILITY STANDARDS - Aisle Width* Space Space Parking Angle (Degrees) (One-Way Width Depth** Flow) All Uses All Uses Parallel Parking(0°)*** 13 feet 9 feet 24 feet 1-34 13 feet 9 feet 19 feet 35-44 15 feet 9 feet 19 feet 45-54 16 feet 9 feet 19 feet 55-64 19 feet 9 feet 19 feet 65-74 22 feet 9 feet 19 feet 75-90 25 feet 9 feet 19 feet For two-way flow, the aisle widths, approach lanes, and maneuvering areas shall be a minimum of 25 feet wide for all parking angles. ** For parking angles greater than 59 degrees, up to 2 feet of the space depth may be provided in overhang beyond the front curb. ** If parallel parking spaces are paired,with at least 8 feet of red curbing between -- the pairs,the space depth may be a minium of 20 feet. City of San Juan Capistrano Land Use Code 9-3-173 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards 4 to 6 inches wide white striping"Hairpin" of elongated"U"Design Legend OPlanter Space width 9 feet Tree 12 to 24 inches wide— Property Line Street Boundary Landscaping Space Depth a 15' Aisle Width Interior 3 Landscape Island y 1 ' A a Overhang Space Width Space Depth Parldng Angle Space Depth Curb Overhang Space ^ Width Angled Parking Parallel Parking Figure 3-4 Parking Facility Design Requirements City of San Juan Capistrano Land Use Code 9-3-174 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (e) Parking facilities - Landscaping Refer to Section 9-3.529 (h) (1) and (2) Landscape. Off-street parking requirements - General (1) Units of measurement (A) Fractional remainders.When the unit of measurement determining the number of required parking spaces results in the requirement of a fractional space, any fraction up to, but not including, one-half ('/2) shall be disregarded, and fractions equal to, or greater than, one-half('/2) shall require one (1)parking space. (B) Number of employees. When the unit of measurement determining the number - of required parking spaces is based on the number of employees, the maximum shift or employment period during which the greatest number of employees is present at the structure or use shall be used in the computation. (C) Net floor area. When the unit of measurement determining the number of required parking spaces is based upon the net floor area, such area shall be calculated by measuring the total`floor area from within the exterior surface of the walls of the structure but shall exclude: (i) Mechanical equipment spaces and shafts; and (ii) Elevators, common restrooms, stairways, escalators, and enclosed or covered parking facilities, loading berths, docks, and ramps. (D) Fixed seats. When the unit of measurement determining the number of required parking spaces is based upon the:number of fixed seats in a structure or use, each 24 inches of pew, bench, or other seating space shall count as one seat. (2) Spaces required for commercial vehicles and f�r loading (A) Spaces for commercial vehicles. In addition to the parking spaces required by subsection(g)of this section for owners,occupants,employees,customers,and visitors of structures and uses, one (1) parking space shall be provided for each commercial vehicle used in conjunction,;with the operation of any structure or use. The parking spaces for such accessory vehicles shall be provided within a designated parking space on the same lot as, or adjacent to, the structure or use to which the vehicles are necessary. City of San Juan Capistrano Land Use Code 9-3-175 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (B) Off-street loading.Off-street loading space shall be required on the same building site with every building, storage warehouse, auto dealership, wholesale distributor, goods display center, department store, market, hotel, hospital, funeral home,laundry,dry cleaning,and other similar uses involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity. Such space shall be sufficient to permit the standing,loading,and unloading of vehicles to avoid undue interference with the public use of streets and alleys and shall not be a part of the building site area used for the off-street parking required for each particular use. (3) Spaces for handicapped persons. Parking spaces for handicapped persons shall be provided in accordance with accepted State standards, and shall be considered as part of the parking space requirements for the given facility. (4) In-lieu fee program. To provide for adequate off-street parking facilities and allow for creative solutions to parking issues, the City may adopt an in-lieu fee program to assist in the funding of off-street parking. (g) Off-street parking requirements - Schedule (1) Use. Off-street parking requirements for a project shall be based on the land use and or zoning district. (2) Parking Management Plan-Criteria.The numerical parking requirements set forth - in this subsection may be reduced through the granting of an exception by the Planning Commission when a parking management plan is developed for a project. Such parking requirements shall be reduced only if the parking management plan incorporates provisions encouraging the use of public transportation facilities or otherwise aimed at reducing the growth of total vehicle miles traveled. (3) Residential uses. The parking requirements for residential uses shall be in addition to the spaces required for any recreation or community center provided within a residential development. The space requirements for recreation and community centers shall be determined pursuant to subsection (5) of this subsection. The Planning Commission, in conjunction with the development review procedure - pursuant to Article 3 Development Review Procedures of Chapter 2 of this title,may credit some or all of the recreation or community center spaces provided toward the satisfaction of the visitor parking requirements for the development if such spaces are in close proximity to residences within the development. For residential developments within the Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehcme Park (MHP), and Planned Community (PC) Districts, there shall also be provided one (1) recreational vehicle space for every seven (7) dwelling units, as well as for developments in the Hillside City of San Juan Capistrano Land Use Code _. 9-3-176 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Residential (HR), Single-Family (RS-10,000, RS-7,000 and RS-4,000) and Residential Garden (RG-7,000 and RG-4,000) Districts wherein any individual lot sizes are less than 10,000 square feet for the exclusive use of project residents. The numerical parking requirements for residential uses are identified in Table 3- 33. Table 3-33 Residential Parking Requirements Land Use Type Required Off-Street Parking, Notes and Comments Apartment- Studio 2.0 off-street parking spaces per dwelling unit, at least I space per dwelling unit shall be in a garage; and _ 0.5 spaces per dwelling unit visitcr parking Apartment-One(1) bedroom 2.0 off-street parking spaces per units dwelling unit, at least 1 space per dwelling unit shall be in a garage; and 0.5 spaces per dwelling unit visitor parking Apartment -Two (2) bedroom 2.5 off-street parking spaces per units dwelling unit, at least 1 space per dwelling unit shall be in a garage; and 0.5 spaces per dwelling unit visitor parking. Apartment -Three(3) or more 3.0 off-street parking spaces per bedroom units dwelling unit, at least I space per dwelling unit shall be in a garage-, and 0.5 spaces per dwelling unit visitor parking. Senior Apartments 1.0 space per unit. (age restricted) Boarding and lodging houses, 1.0 off-street parking spaces per In dormitories,each 100 student housing, dormitories, guest rooms and square feet of gross floor area and fraternity and sorority shall be considered housing 1.0 per each dwelling unit. equivalent to 1 guest room. Mobilehome parks 2.0 off-street parking spaces per Visitor parking shall be dwelling site, at least I space per evenly distributed dwelling to be covered, I space throughout the park. may be tandem-, 0.4 spaces per dwelling site for visitor parking,plus the spaces required for recreation centers, if any. City of San Juan Capistrano Land Use Code 9-3-177 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-33 Residential Parking Requirements Land Use Type Required Off-Street Parking Notes and Comments Multiple-family residences 2.0 off-street parking spaces per The visitor parking ratio - dwelling unit, at least 1 of which shall be maintained within shall be either in a garage or each sub-area of a covered (tandem parking development so that all prohibited);and residences are within - reasonable walking distance 0.8 spaces per dwelling unit visitor from the nearest visitor parking. parking space.The design and location of visitor parking areas shall be subject to approval by the Planning Commission in conjunction with the development review procedure. Single-family residences 2.0 off-street parking spaces per (Single family detached dwellings, dwelling unit in a garage;and two family dwellings(duplexes), and zero lot-line dwellings utilizing a 0.8 spaces per dwelling unit visitor common wall) parking. (4) Business and commercial uses. The numerical parking requirements for business and commercial uses are identified in Table 3-34. For the purposes of this section, "shopping center"shall mean a group of two(2)or more commercial establishments planned and developed, owned, and managed as a unit,with off-street parking and loading provided on the property. _.. Table 3-34 Business and Commercial Uses Parking Requirements Land Use Type Required Off-Street Parking Notes and Comments Building materials and equipment 1.0 off-street parking space per -- sales and storage yards each 800 square feet of gross floor area; and 1.0 per each 10,000 square feet of outdoor sales, storage, or service area;and 1.0 per each registered motor vehicle operated in conjunction with the use or building. Car washes, except self-operated 1.0 off-street parking space per In determining capacity, - employee, plus reservoir(line-up) each 20 linear feet of wash parking equal to 5 times the line shall equal 1 car length. capacity of the car wash City of San Juan Capistrano Land Use Code 9-3-178 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-34 Business and Commercial Uses Parking Requirements Land Use Type Required Off-Street Parking Notes and Comments Car washes, self-operated 5.0 off-street parking spaces per A wash stall shall not be each 2 wash stalls counted as a parking space. Coin-operated laundries 1.0 off-street parking space per each 3 washing machines Commercial repair establishments, 1.0 off-street parking space per Square footage calculation such as motor vehicle repair garages, each 500 square feet of gross shall not include areas used marine service establishments, floor area exclusively for storage or appliance service,and similar type loading. uses Fast food and takeout restaurants 1.0 off-street parking space per not having drive-thru facilities each 50 square feet of grossfloor area,but not less than 8.0 per each such use Food stores,grocery stores, 1.0 off-street parking space per supermarkets, and similar uses in each 200 square feet of gross shopping centers or individually- floor area developed Furniture and appliance 1.0 off-street parking space per establishments each 500 square feet of gross floor area,except areas used exclusively for storage or loading, but not less than 5.0 off-street parking spaces per each such use General retail in individually- 1.0 off-street parking space per developed establishments or each 250 square feet of leasable within shopping centers floor area General wholesale establishments 1.0 off-street parking space per each 1,500 square feet of gross floor area,but not less than 6.0 per each such use Hotels/motels 1.0 off-street parking space per Employee parking shall be each guest unit,plus 1.0 per calculated using the employee maximum number of personnel on-site between 6:00 PM and 6:00 AM. New and used vehicle sales and 1.0 off-street parking space per services, including bicycle shops each 500 square feet of gross floor area, except areas used - exclusively for storage or loading Restaurants, cafes,taverns,and 1.0 off-street parking space per Dining or drinking area shall cocktail lounges each 40 square feet of dining or include all the floor area, drinking area, but not less than except restrooms, kitchens, 8.0 off-street parking spaces per sculleries,storage, and each such use equipment areas. Retail plant nurseries,garden 1.0 off-street parking space per Calculation of square shops, and similar uses with each 500 square feet of display footage includes both indoor outdoor sales and display areas and sales area,but not less than and outdoor,excluding 5.0 per each such use areas used exclusively for the storage or propagation of plants. City of San Juan Capistrano Land Use Code 9-3-179 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-34 Business and Commercial Uses Parking Requirements Land Use Type Required Off-Street Parking Notes and Comments Service stations 1.0 off-street parking space per each 2,500 square feet of gross site area, but not less than 8.0 per each such use (5) Office, service, health, and professional uses. The numerical parking requirements for office, service, health, and professional uses are identified in Table 3-35. Table 3-35 Office, Service, Health, and Professional Uses Parking Requirements Land Use Type Required Off-Street Parking Notes and Comments Banks, savings and loan 1.0 off-street parking space per institutions, ticket agencies, and each 200 square feet of gross other similar establishments floor area - utilizing window services for patrons within individually developed establishments or office complexes Barber shops 2.0 off-street parking spaces per barber chair, but not less than 1.0 per each such use Beauty salons 3.0 per beautician station,but not less than 6.0 per each such use Convalescent and nursing homes, 1.0 off-street parking space per assisted care facilities, senior living each 3 beds facilities,children's homes, and sanitariums Hospitals 1.5 off-street parking spaces per each patient bed General office 3.5 off-street parking spaces per 1,000 square feet of gross floor area or 1.0 space per employee, whichever is greater Medical and dental offices, 1.0 off-street parking space per Calculating the gross floor centers, and clinics,but excluding each 200 square feet of gross area includes pharmacies and hospitals floor area;and other retail uses, but excludes corridor and lobby 1.0 per each separate medical or areas. dental office or laboratory Office park that includes general 1.0 off-street parking space per _. office, restaurants, banks, savings 200 square feet of gross floor area and loans and support services City of San Juan Capistrano Land Use Code 9-3-180 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-35 Office, Service, Health, and Professional Lases Parking Requirements Land Use Tvpe Required Off-Street Parking Notes and Comments - Research centers devoted nearly 1.0 off-street parking space per exclusively to research and 300 square feet of gross,floor area development activities;may also contain offices and some light fabrication areas Veterinary offices and clinics and 1.0 off-street parking space per veterinary hospitals each 250 square feet of gross floor area;and 1.0 per each separate medical or dental office or laboratory (6) Recreational uses and places of assembly.The numerical parking requirements for recreational uses and places of assembly are identified in Table 3-36. Table 3-36 Recreational Uses and Places of Assembly Parking Requirements Land Use Type Required Off-Street Parking Notes and Comments Bowling lanes,pool halls and 5.0 off-street parking spaces per billiard halls bowling lane and 2.0 per pool or billiard table, plus the spaces required for additional uses on the site Churches, chapels, and mortuaries 1.0 off-street parking space per each 3 fixed seats;and 1.0 off-street parking space per every thirty(30) square feet of seating area where there are no fixed seats Driving ranges 1.5 off-street parking spaces per tee, plus the spaces required for additional uses on the site Golf courses and country clubs 1.3 off-street parking spaces per that include clubhouses with bars gross acre and banquet facilities Health studios, spas, and athletic 1.0 off-street parking space per For the purposes of this use, clubs each 150 square feet of gross swimming pools shall be floor area counted as a part of the gross floor area. Lodges, clubs,dancing, and similar 1.0 off-street parking space per uses each 3 people allowed under the maximum occupancy. Pitch and putt and miniature golf 2.0 off-street parking spaces per courses hole, plus the spaces required for additional uses on the site City of San Juan Capistrano Land Use Code 9-3-181 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-36 Recreational Lases and Places of Assembly Parking Requirements Land Use Type Required Off-Street Parking Notes and Comments Recreation centers, community 1.0 off-street parking space per centers, and noncommercial each 4 persons, based upon the swimming pools maximum capacity of all facilities capable of simultaneous use as determined by the Planning -" Director;and 1.0 off-street parking space per employee -- Skating rinks, ice and roller, 1.0 off-street parking space per including arena hockey each 100 square feet of gross ,floor area, plus the spaces required for additional uses on the site Stables 1.0 off-street parking space per (commercial) each 5 horses based on the maximum number of horses capable of being boarded as determined by Section 9-3.515 Equestrian Standards Swimming pools 1.0 off-street parking space per (commercial) each 200 square feet of water area, plus the spaces required for additional uses on the site Tennis, squash, and handball 4.0 off-street parking spaces per courts court or 1,000 square feet of —. gross floor area,whichever is greater Theaters, auditoriums, 1.0 off-street parking space per gymnasiums, arenas, and stadiums each 3 fixed seats;and 1.0 per every 30 square feet of seating area where there are no fixed seats (7) Educational and cultural uses.The numerical parking requirements for educational and cultural uses are identified in Table 3-37. City of San Juan Capistrano Land Use Code 9-3-182 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-37 _ Educational and Cultural Uses Parldng Requirements Land Use Type Required Off-Street Parking Notes and Comments Business, professional, and trade 1.0 off-street parking space per schools faculty, staff member, or employee; and 1.0 off-street parking space per each 3 students; and The additional requirements for auditoriums and stadiums Child care centers, day nurseries, 1.0 off-street parking space per and preschool and nursery schools employee or staff member; and 1.0 off-street parking space per every 8 children allowed under the maximum occupancy Colleges and universities, 1.0 off-street parking space per including auditoriums and faculty,staff member, or stadiums on the site employee; and 1.0 off-street parking space per each 3 students and The additional requirements for auditoriums and stadiums Private elementary and junior high 1.0 off-street parking space per schools, including auditoriums and teacher, staff member, or stadiums on the site employee; and 1.0 space per 15 students for student loading/unloading and visitor parking; and The additional requirements fo:r auditoriums and stadiums Libraries, museums,and public 1.0 off-street parking space per art galleries each 250 square feet of gross floor area School administration buildings 3.5 off-street parking spaces per each 1,000 square feet of gross floor area Private senior high schools, 1.0 off-street parking space per including auditoriums and teacher, staff member, or stadiums on the site employee;and 1.0 off-street parking space per each 5 students regularly enrolled; and The additional requirements for auditoriums and stadiums City of San Juan Capistrano Land Use Code 9-3-183 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (8) Manufacturing and related uses. The numerical parking requirements for manufacturing and related uses are identified in Table 3-38. In addition to the requirements set forth in Table 3-38, each manufacturing or related use shall provide one(1)parking space per each registered motor vehicle operated in conjunction with the use or building. - Table 3-38 Manufacturing and Related Lases Parking; Requirements Land Use Type Required Off-Street Parking Notes and Comments Industrial parks containing a 3.0 off-street parking spaces per number of industrial, 1,000 square feet of gross floor manufacturing,warehouse area facilities or related facilities Laboratories and research 1.0 off-street parking space per establishments each 300 square feet of gross _ floor area, but not less than 3.0 per each 4 employees Single tenant manufacturing and 1.0 off-street parking space per industrial establishments, each 500 square feet of gross including offices and other floor area, but not less than 3.0 incidental operations on the same per each 4 employees site Mini-storage facilities which 1.0 off-street parking space per provide rent or leasable storage each 4,000 square feet of gross areas of maximum 600 square feet leasable area per storage unit - Public utility facilities, including 1.0 off-street parking space per electric,gas,water, telephone, each employee, but not less than and telegraph facilities not having 2.0 per each such facility business offices on the premises Warehouses and storage buildings 1.0 off-street parking space per each 1,000 square feet of gross floor area, but not less than 1.0 per each employee Section 9-3.537 Recycling Facilities (a) Purpose and intent The provisions of this section are established to provide for the redemption and recycling of reusable materials and make such facilities convenient to the consumer in order to reduce the solid waste stream to landfills and increase the recycling of reusable materials. The recycling facilities outlined by this section are intended to encourage recycling services by providing a comprehensive and easily understood program of permitting and regulating such uses. City of San Juan Capistrano Land Use Code 9-3-184 November IS, 2002 Chalpter 9.3 -Zoning Districts and Standards (b) Land use standards (1) Permit requirements. No person shall permit the placement, construction, or operation of any re ycling facility without first obtaining approvals and a permit pursuant to the provisions set forth in this section. The fees associated with the processing of conditional use permits shall be established by separate City Council resolution. Recycling facilities shall be permitted as set forth in Table 3-39. Table 3-39 Allowed Recycling Facilities Reverse Small Large Light Heavy Base District Vending Collection Collection Processing Processing Machine Facility Facility Facility Facility RA -- -- -- --HR -- -- -- -- -- RSE-40,000 -- -- -- -- -- RSE-20,000 -- -- -- --RS-10,000 -- -- -- -- RS-7,000 -- -- -- -- -- RS-4,000 -- -- -- RG-7,000 -- -- -- -- -- RG-4,000 -- -- -- -- -- _: RM -- -- -- -- -- AF/SH -- -- -- -- -- MHP P S -- -- -- TC P S -- -- -- NC P S S -- -- GC P S S C C OC P S -- -- -- CM P S S C C IP P P S C C A C/S C/S C/S C/S C/S P&I P S S -- -- GOS -- -- -- -- -- OSR -- -- -- --NP -- -- -- -- -- CP -- -- -- -- -- SP -- -- -- -- -- RP -- -- -- -- -- NOS -- -- -- -- -- RC P S -- -- -- City of San Juan Capistrano Land Use Code 9-3-185 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-39 Allowed Recycling Facilitie<. Reverse Small Large Light Heavy Base District Vending Collection Collection Processing Processing Machine Facility Facility Facility Facility FM P S -- -- -- SWF P P S C C PC P S -- -- -- SP/PP P S -- -- -- -- = Not permitted P = Permitted C = Conditional Use Permit S = Site Plan Review — (2) Operational/site standards. Those recycling facilities permitted shall meet all of the applicable criteria and standards listed. Those recycling facilities permitted with a conditional use permit shall meet the applicable criteria and standards provided that the Zoning Administrator or Planning Commission, as the case may be, may grant an - exception to said stricter standards as an exercise of discretion upon finding that such modifications are reasonably necessary in order to implement the general intent of this section and would be compatible with adjiacent uses. The criteria and standards for recycling facilities are as follows: (A) Reverse vending machines.Reverse vending machines located outside a structure do not require discretionary permits.Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in the districts identified in Table 3-39; provided, that they comply with the following standards: (i) Are established in conjunction with a commercial use or community service facility which is in compliance with the Zoning,Building and Fire Codes of the City of San Juan Capi;;trano; (ii) Are located near the entrance to the:commercial structure and shall not obstruct pedestrian or vehicular circulation; (iii) Do occupy parking spaces required by the primary use; (iv) Do not occupy more than fifty (50) square feet of floor space; (v) Are constructed of durable rustproof and water proof material; City of San Juan Capistrano Land Use Code 9-3-186 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (vi) Have sign area of a maximum of four (4) square feet per machine exclusive of operating instructions; (vii) Comply with illumination requirements in this code; (viii) Are maintained in a clean,dry,and litter-free condition on a daily basis; (ix) Are clearly marked to identify the phone number of the operator or responsible person if the machine as inoperative or in violation of this Code. (B) Small collection facilities. Small collection facilities may be located in the districts identified in Table 3-39 and do not require additional parking spaces provided that they comply with the following standards: (i) The facility shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the Zoning, Building and Fire Codes of the City of San Juan Capistrano; (ii) The facility shall be no larger than 5100 square feet and occupy no more than five (5) parking spaces, not including space that will be needed periodically for removal of materials or exchange of containers,provided said parking spaces are not necessary to satisfy the minimum on-site parking requirements of the Municipal Code; (iii) The facility shall be setback ten(10)feet from the street line and shall not obstruct pedestrian or vehicular circulation; (iv) The facility and signs shall be in compliance with the requirements of Chapter 3 Zoning Districts and Standards of this title; (v) No additional parking spaces will be required for customers of small collection facilities; (vi) Hours of operations will be restricted to the same as the host use; (vii) The facility shall be clearly marked to identify the phone number of the operator or responsible person if the machines are inoperative or in violation of this code; (viii) The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis. City of San Juan Capistrano Land Use Code 9-3-187 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (C) Large collection facilities. A large collection facility is one that is larger than 500 square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building.LmBe collection facilities are permitted in the districts identified in Table 3-39, subject to approval of a site plan review and/or conditional use permit, and the facility shall meet the following standards: - (i) The facility does not abut a property zoned or planned for residential use; (ii) The facility will be screened from the public right-of-way by operating in an enclosed building or; (a) Within an area enclosed by an opaque fence at least six(6) feet in height with landscaping; (b) At least 150 feet from property zoned or planned for residential use; (iii) The facility shall meet all development standards as required in Chapter 3 Zoning Districts and Standards of this title; (iv) The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis. (D) Processing facilities. A processing facility is permitted in specific districts as identified under Table 3-39 of this Title,subject to approval of a conditional use permit, and shall meet the following conditions (i) The facility does not abut a property zoned or planned for residential use; (ii) Processors will operate in a wholly enclosed building except for incidental storage or: (a) Within an area enclosed on all sides by an opaque fence or wall — not less than six (6) feet in height and landscaped on all street frontages; (b) Located at least 150 feet from property zoned or planned for residential use, (iii) Operating hours shall be determined by the City through the required permitting process; City of San Juan Capistrano Land Use Code _. 9-3-188 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (iv) The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis; (v) The facility shall meet all development standards as required in Chapter 3 V^ Zoning Districts and Standards of this title. (c) General requirements for on-site collection and loading facilities for recyclable materials (1) Any new development project for which an application for a building permit is submitted on or after October 1, 1995, shall include adequate, accessible, and convenient areas for collecting and loading reg clable materials. (2) Anyimprovements for areas of a publicfacility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and locating recyclable materials. (3) Any project for which an application for a building permit is submitted on or after October 24, 1994,for modifications that meet one or both of the conditions below shall include adequate, accessible and convenient areas for collecting and loading recyclable materials: (A) Modification to the project adds thirty (30) percent or more to the existing floor area; or (B) The price of modification exceeds fifty thousand dollars ($50,000.00) in value. (4) The following standards shall be applied to on-site recyclable materials collection facilities: (A) Single family dwellings. Single-family dwellin�f detached receiving curbside service: --- 133 cubic feet of storage area, either interior or exterior, with minimum dimensions of eighty-four(84) inches wide by thirty-nine(3 9)inches deep by seventy-two(72)inches high and not visible from adjacent rights-of-way or other properties. (B) Multifamily dwellings-detached.Multi family dwellings detached receiving curbside service: ninety-five (95) cubic feet of storage area,either interior or exterior, with a minimum dimension of sixty (60) inches wide by thirty-eight (38) inches deep by seventy-two (72) inches high and not visible from adjacent rights-of-way. (C) Multi-family-attached. Multi family dwellings attached receiving bin service shall provide interior and exterior storage areas as identified in Table 3-40. City of San Juan Capistrano Land Use Code 9-3-189 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-40 Multi-Family Attached Lases On-Site Recyclable Storage Requirements Dwelling Units External Space Allocation Internal Space Allocation 3-8 units 606 cubic feet of storage area with 4 cubic feet of storage area minimum dimensions 15' wide by within living area of each unit 4'6" deep _. 9-16 units 1,212 cubic feet of storage area with 4 cubic feet of storage area minimum dimensions 15' wide by within living area of each unit 4'6" deep, no less than 200' from any unit 17 and above units Add 606 cubic feet to 1,212 cubic 4 cubic feet of storage area feet for every 8 units over 16 with within living area of each unit h_ minimum dimensions 15' wide by 4'6" deep, no less than 200' from any unit (D) Commercial uses. Commercial uses shall provide interior and exterior storage areas for recyclable materials as identified in Table 3-41. Table 3-41 — Commercial Lases On-site Recyclable Storage Requirements Land Use Building Floor External Space Allocation Internal Space Area Allocation Office/Retail 0-5,000 square 606 cubic feet with minimum 44 cubic feet with feet dimensions 15'wide by 416`1 minimum dimensions deep 60"wide by 36"deep by 74"high each suite 5,001-25,000 1,212 cubic feet with 44 cubic feet with square feet minimum dimensions 15',olde minimum dimensions by 4'6"deep, no less than 300' 60"wide by 36"deep by from any suite 74"high each suite 25,001 square Add 606 cubic feet to 1,2 1 2 44 cubic feet with feet and above cubic feet for every 5,000 minimum dimensions square feet over 25,001 with 60"wide by 36"deep by minimum dimensions 15'Hide 74"high each suite by 4'6"deep, no less than 300 feet from any suite. Restaurant 0-3,000 square 606 cubic feet minimum 44 cubic feet with -- feet dimensions 15'wide by 4'6" minimum dimensions deep 60"wide by 36"deep by 74"high each suite 3,001-6,000 1,212 cubic feet with 44 cubic feet with square feet minimum dimensions 15'wide minimum dimensions by 4'6"deep, no less than 300' 60"wide by 36"deep by from any suite 74"high each suite -` City of San Juan Capistrano Land Use Code 9-3-190 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-41 - Commercial Uses On-site Recyclable Storage Requirements Land Use Building Floor External Space Allocation Internal Space Area Allocation 6,001 square feet Add 606 cubic feet to 1,212 44 cubic feet with above cubic feet for every 5,000 minimum dimensions square feet over 25,001 with 60"wide by 36"deep by minimum dimensions 15'vide 74"high each suite by 4'6"deep, no less than 300' from any suite Motel/Hotel 0-50 rooms 606 cubic feet with minimum n/a dimensions 15'wide by 416" deep 5 1-100 rooms 1,212 cubic feet with n/a minimum dimensions 15'gide by 4'6"deep, no less than 300' from any suite 101 rooms and Add 606 cubic feet to 1,212 n/a above cubic feet for every 5,000 square feet over 25,001 with minimum dimensions 15'wide by 4'6"deep, no less than 300' from any suite (d) Definitions For the purposes of this section,unless otherwise apparent from the context,certain words and phrases used in this section are defined as follow,;: (1) Development project. Development project shall mean any of the following: (A) A project of which a building permit is required for a commercial, industrial, or institutional building, marina, or residential building having five or more living units,where solid waste is collected and located and any residential project where solid waste is collected and loaded in a location serving five or more living units. (B) Any new public facility where solid waste is collected and located and any improvements for areas of a public facility used for collecting and loading solid waste. (2) Project for which a building permit is required. A project for which a building permit is required includes all new projects, any single alteration of an existing project requiring a building permit, and any sum total of alterations requiring a building permit to an existing project conducted within a twelve(12)month period. City of San Juan Capistrano Land Use Code 9-3-191 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Section 9-3.539 Sand, Gravel, and Mineral Extraction (a) Title This section shall be known as "The Sand, Gravel, and Mineral Extraction Law of the City of San Juan Capistrano." (b) Purpose This section is adopted to safeguard life, limb, property, and the public welfare by establishing minimum safety standards for the maintenance of pits and the mining,quarrying, or commercial extraction of sand,gravel,rock,aggregate,clay,or similar materials within the City and to establish procedures pursuant to which such standards shall be enforced. (c) Scope All pits and operations used for mining, quarrying, or the commercial extraction of sand, gravel, rock, aggregate, clay, or similar materials within the City shall be maintained and conducted in compliance with the provisions of this section, except for the following: (1) Excavation operations incidental to the development of property in which a specified quantity of material is to be removed to a predetermined elevation so that, upon completion, the site will be left suitable for development and for which a valid grading permit is in force. Such exception, however, shall not apply to any such excavation operation which reasonably cannot be completed or is not completed within one (1) year after the date of commencement; and (2) The commercial processing or storage of sand,gravel,rock,aggregate,clay, or similar materials where no extraction or excavation operation,other than one regulated by a currently valid grading permit, is conducted on the site. (d) Permits - required No person shall maintain a pit or commence or perform any operation or activity within the scope of this section without first obtaining the following appropriate permits to do so: — (1) Abandonment permit. Upon an application to the Director of Engineering and Building Services by the owner or his legally authorized agent, an abandonment permit shall be issued for any pit from which no extraction operation has been conducted since July 5, 1978, provided the pit is found to comply with the provisions of subsection (o) of this section. No fee shall be charged for an abandonment permit. City of San Juan Capistrano Land Use Code 9-3-192 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (2) Extraction permit. No person shall maintain a pit from which materials have been extracted since July 5, 1978,or perform any extraction operation or activity without first obtaining an extraction permit. An extraction permit may be issued by the Director of Building and Engineering for the maintenance of pits from which no materials have been extracted since July 5, 1978, provided the pit is found to complywit]i the provisions of subsection (o) or (p) of this section and all the other applicable requirements of this section have been met. (3) Grading permit for the repair of sand and gravel sites. Except as provided in subsection (h) of this section, repair work required in order to bring a pit into compliance with the provisions of subsection(o)of this section shall be accomplished only after a grading permit for the repair of the sand and gravel site has been obtained, and the work shall be performed in compliance with the terms of such permit. The Director of Engineering and Building Services may waive the provisions of this section relating to permit procedures as he deems appropriate. (e) Permits -Applications, filing, accompanying data required An application for a permit,signed by the owner or his legally authorized agent,shall be filed with the Department of Engineering and Building Services upon forms provided by said Department. The application shall be accompanied by a description of the site and such fees,plans,reports,and engineering data as determined by the Director of Engineering and Building Services. (f) Permits -Approval and inspections Prior to the approval of any plan required by the provisions of this section or the issuance of a permit, the Director of Engineering and Building Services may inspect the site to determine that such plans, reports, or other data are accurate and sufficient. (g) Permits - Issuance and conformity with plans Upon the issuance of a permit, the plans submitted by the applicant as required by the Director of Engineering and Building Services shall be approved and so stamped by the Department of Engineering and Building Services. The pit and all work pertinent thereto shall be maintained in conformity with the approved plans,unless authorization to modify the pit or operation is obtained from the Director of Engineering and Building Services, and the plans and records are so changed and noted. - City of San Juan Capistrano Land Use Code 9-3-193 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (h) Permits - Term Each extraction permit issued for an existing or proposed operation shall continue in effect only as long as none of the provisions of this section is violated and as long as the annual permit fees have been paid. The extraction permit shall expire on July 1,unless the annual permit and inspection fees for the subsequent fiscal year have been paid by such date. No operation,other than such corrective work as may be designated by the Director of Engineering and Building Services, shall be conducted after July 1,unless a new permit has been approved by the Director of _. Engineering and Building Services, In the case of existing pits, such corrective work shall include compliance with all the provisions of subsection (o) of this section. (i) Permits - Renewal Any extraction permit which has expired or been revoked may be renewed by making an application to the Department of Building and Safety and upon the following conditions: (1) The submission of an application, up-to-date plans, reports, and the other data required by this section or required by the Director of Engineering and Building Services; (2) The site shall be in compliance with all the applicable provisions of this section; and (3) The payment of the fees required by Section 9-5.101 Fees, Deposits, and Bonds. (j) Permits - Revocation The Director of Engineering and Building Services may revoke any permit, in whole or in part,after notification and demand as set forth in subsection(m)of this section if any of the following conditions exists: (1) The pit or work covered by such permit has been materially extended beyond the limits of the permit; (2) Anyfence or wall or other protective device required by the provisions of this section has not been constructed or maintained in good repair; or (3) Other provisions of this section have been violated by the operator, owner, or permittee. City of San Juan Capistrano Land Use Code - 9-3-194 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (k) Permits - Limitations The issuance, granting, or renewal of a permit shall-not be deemed or construed to be a permit for,or an approval of,any violation of the provisions of this section or any other law. No such permit presuming to give authority to violate or cancel the provisions of this section shall be valid, except insofar as the work or use which is authorized by the issuance, granting, or renewal of such permit is lawful. (1) Conditional use permits All uses pertaining to the mining, quarrying, or commercial extraction of sand, gravel, rock, aggregate,clay,or similar materials on private property in the City shall require a conditional use permit, pursuant to Section 9-2.317 Conditional Use Permit. (m) Inspections The Director of Engineering and Building Services shall inspect each site regulated by the provisions of this section at the time of the payment o F the annual fees required by Section 9-5.101 Fees,Deposits,and Bonds,and at such other times as he deems necessary,for the purpose of ascertaining whether the operations are being conducted and the site maintained in conformity with the minimum standards of this section and the applicable permits. Whenever the Director of Engineering and Building Services determines that the work does not comply with the terms of the permit or the requirements of this section,or that the soil or other conditions are not as set forth on the permit, he shall notify the permittee of such fact in writing, demanding compliance within thirty(30) days after the date of such notice. If the permittee, within the stated time, has not complied with the terms of the permit or the requirements of this section,or given reasonable assurances that steps are being taken to so comply, the Director of Engineering and Building Services may order the cessation of all work, or any portion thereof, and such work shall cease until the requirements of the permit and this section have been met. (n) Abandonment - Notices and inspections Whenever a pit or excavation operation is to be abandoned, the operator shall notify the Director of Engineering and Building Services in writing of his intention to abandon the pit or operation at least thirty (30) days prior to such abandonment. The Director of Engineering and Building Services shall inspect the site prior to the date of the proposed abandonment and notify the operator of what protective devices or structures and what corrective measures are or may be necessary for the protection of adjacent properties and the general public as set forth in subsection (o) of this section. The Director of Engineering and Building Services shall also notify the property owner and the City of San Juan Capistrano Land Use Code 9-3-193 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards operator what assurance,if any,the Director of Engineering and Building Services requires for the continued maintenance of the protective devices and the future correction of possible unsafe conditions as may occur. Within thirty (30) days after the abandonment of the pit or operation, the Director of Engineering and Building Services shall again inspect the site for compliance with the provisions of subsection (o) of this section and noti!F both the property owner and the operator of his findings. Whenever the Director of Engineering and Building Services determines that the site has been abandoned in accordance with the provisions o4'subsection (o)of this section,he shall so note on the permit. (o) Standards - Inoperative operations Each pit not currently in use for commercial extraction operations shall be maintained in accordance with the following minimum standards: (1) Setbacks and slopes ~ (A) The finished perimeter slope shall not be steeper than two (2) feet horizontal to one (1) foot vertical projecting into the pit from a fifty (50) foot setback adjacent to the perimeter of the property. (B) In addition, where the Director of Engineering and Building Services determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, the Director of Engineering and Building Services shall establish the setback and slope requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation. In the discretion of the Director of Engineering and Building Services, the setback requirements imposed pursuant to this subsection may exceed the fifty(50)foot requirement set forth in subsection (A) of this subsection,but such setbacks may not be less than fifty (50) feet as set forth in subsection (A) of this subsection. In the discretion of the Director of Engineering and Building Services, the slope requirements may be greater or less than that set forth in subsection(A)of this subsection. The applicant may be required to furnish reports and engineering data; as required by the Director of Engineering and Building Services, to justify the setback and slope requirements requested in such cases. The Director of Engineering and Building Semites may require such reports in any case. City of San Juan Capistrano Land Use Code 9-3-196 November 15, 2002 - Chapter 9.3 -Zoning Districts and Standards (C) Where the Director of Engineering and Building Services determines that the pit extends below,or in the future may extend below,groundwater elevations, the slopes shall not be steeper than the safe values determined by the Director of Engineering and Building Services,based on the reports required as part of the permit application, which reports may be required by the Director of Engineering and Building Services in such cases. (D) The provisions of this subsection may be modified by the Director of Engineering and Building Services in cases where safety conditions and engineering and geological data submitted to the Director of Engineering and Building Services for approval indicate that a less restrictive setback or slope may be permitted. (2) Diversions. No pit shall be maintained in o;r adjacent to the floodplain of any watercourse which,by reason of the shape,location,berm elevations,or area of the excavation in the opinion of the Director of Engineering and Building Services, is likely to produce a diversion of the natural watercourse away from the pit and outside the natural watercourse in the event flew from the watercourse enters the excavation. (3) Drainage.Adequate provisions for the conveyance of water across and from the site and for the long-term retention of water shall be accomplished so as to minimize potential dangers from landslides and erosion. (4) Fencing. Other than in cases where data is submitted to the Director of Engineering and Building Services for approval and which data indicate to the Director of Engineering and Building Services that no safety hazards exist, a fence shall be constructed enclosing the area of each existing pit. Such fence shall be chain link, of steel, and a minimum of six (6) feet in height above the existing grade of the property outside the fenced area. The bottom of such fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four (4) inches. Gates of the same material and height as the f nce shall be installed at all points of vehicular or pedestrian ingress and egress. Such gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. Such fences, gates, and locks shall be maintained in good condition and repair. (5) Protective devices - Correction and repair. Whenever the Director of Engineering and Building Services determines that the maintenance of protective devices or structures or the correction of potentially unsafe conditions may be necessary for the protection of adjacent properties and the genera.I public,he shall notify in writing the City of San Juan Capistrano Land Use Code 9-3-197 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards owner or other responsible persons, who shall take such corrective action as necessary and post a surety bond or other financial security in an amount sufficient to insure the continued maintenance of the protective devices for such potentially unsafe conditions. A grading permit shall be required for any repair work. The fees for such permit shall be as set forth in Chapter 1 of Title 8 of this Municipal Code for grading operations. (p) Standards -Active operations The mining, quarrying, and commercial extraction of sand, gravel, rock, aggregate, clay, or -- similar materials shall be performed in accordance with thefollowing minimum standards: (1) Setbacks (A) No excavation activity shall be carried on within fifty(50) feet of thefollowing: (i) The common property line of any parcel of land not used for the same purpose; or (ii) The ultimate right-of--way of any public street, either existing or whose precise alignment has been adopted by the County or the City. (B) In addition, where the Director of Engineering and Building Services determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, the Director of Engineering and Building Services shall establish the setback requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood retarding basin,or natural watercourse so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation. (C) At the discretion of the Director of Engineering and Building Services, the setback requirements imposed pursuant to this subsection may exceed the fifty (50) foot requirement set forth in'subsection (A) of this subsection, but such setbacks may not be less than fifty (50) feet, as set forth in subsection (1) of subsection (o) of this section. The applicant may be required to furnish reports and engineering data, as set forth in subsection (e) of this section, to justify the setback requirements requested in such cases.The Director of Engineering and Building Services may require such reports in any case. City of San Juan Capistrano Land Use Code 9-3-198 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (2) Slopes (A) Where the Director of Engineering and Building Services determines there is a potentially hazardous seepage into a pit from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, or where the Director of Engineering and Building Services determines that the pit extends below,or in the future may extend below,groundwater elevations, the finished perimeter slope shall not be steeper than two and one-half(2 ''/2) feet horizontal to one (1) foot vertical, except as provided in subsection (C) _ of this subsection. (B) The finished perimeter slope shall not be steeper than two (2) feet horizontal to one (1) foot vertical projecting into the pit from the required setback line adjacent to the perimeter of the property. (C) Notwithstanding subsections (A) and (B) of this subsection, the slope requirement may be modified by the Director of Engineering and Building Services in cases where the Director o;f Engineering and Building Services determines that the proposed excavation operations present a potential hazard to adjacent property or where other safety conditions and engineering or - geological data, as set forth in subsection (e) of this section, submitted to the Director of Engineering and Building Services for approval, or as may be required by him,indicate that less restrictive slopes may be permitted or more restrictive slopes may be required. (3) Diversions. No excavation shall be made or pit maintained in or adjacent to the floodplain of any watercourse which, by reason of the shape, location, berm elevations, or area of the excavation or pit in the opinion of the Director of Engineering and Building Services, is likely to produce a diversion of a natural watercourse away from the pit and outside the natural watercourse in the event flow from the watercourse enters the excavation. (4) Drainage.Adequate provisions for the conveyance of water across and from the site and for the long-term retention of water shall be accomplished in a manner meeting - the approval of the Director of Engineering and Building Services so as to minimize potential dangers from landslides and erosion. _ (5) Fencing. Prior to the commencement or continuation of any excavation or extraction operation or the construction or use of any settling basin, a fence shall be constructed enclosing the area of such proposed or existing excavation or settling basin,or the entire site,other than in cases where data are submitted to the Director of Engineering and Building Services for approval and which data indicate to the Director of Engineering and Building Services that no substantial safety hazard exists. Such fence shall be chain link,of steel,and a minimum of six(6) feet in height above _ City of San Juan Capistrano Land Use Code 9-3-199 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards the existing grade of the property outside the fenced area. The bottom of such fence shall conform to the ground surface so as to prevent any opening between it and the - ground surface exceeding four (4) inches. Gates of the same material and height as the.f ince shall be installed at all points of vehicular or pedestrian ingress and egress. Sucla gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. Such fences,gates, and locks shall be maintained in good condition and repair. (6) Boundary markers. The site shall be surveyed by a registered civil engineer or licensed surveyor and shall be defined by a series of poles (two and one-half(2 '/2) inch pipe), six (6) feet in height, measured from the ground level and painted a -- bright color, which poles shall be installed and maintained at each change of direction and along the entire length of the subject site in such a manner that an individual standing at one such pole can clearly see the next pole in either direction. For good cause shown,the Director of Engineering and Building Services may waive or modify the provisions of this subsection for way extraction operation proposed to result in finished elevations which are not below the average natural ground elevations at the perimeter of the site or for any extraction operation proposed to be located more than 1,000 feet from any property line. (7) Signs. Within ninety (90) days after a permit has been issued pursuant to the -- provisions of this section,the outer boundaries of the site shall be continuously posted with signs not less than 500 feet apart and at each change of direction of such boundary lines in such a manner as will reasonably give notice to passersby of the _ matters contained in such signs, stating in letters not less than four (4) inches in height, "Public Notice",and stating in letters not less than one inch in height: "This Property May Be Used for the Mining, Quanying, or Commercial Extraction of Sand,Gravel,Rock,Aggregate,Clay,and Similar Materials Subject to Permits Which Have Been Issued by the Director of Engineering and Building Services, City of San Juan Capistrano". Such signs shall be of wood or metal and shall be maintained in legible condition at all times. (8) Ingress, egress, and traffic safety. Roads providing vehicular access to public highways which are used for transporting materials shall be located only at points designated on plans as approved by the Department of Engineering and Building Services.Adequate sight distance shall be maintained for traffic safety.A distance of not less than eighty(80) feet from the intersection of the drive or access road with the right-of-way line of the public highway shall be paved for a width of not less than twelve (12) feet. City of San Juan Capistrano Land Use Code _- 9-3-200 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards In addition, that portion of the access road lying between the right-of-way line and the existing pavement of the public highway shall be constructed in accordance with the terms of an encroachment permit issued by the Department of Engineering and Building Services or, in the case of State highways, issued by the California Department of Transportation. (q) Responsibility The permittee, operator, and property owner, and their authorized agents, and any other person in control of property used for mining, quarrying, and commercial extraction operations pursuant to the provisions of this section, individually and collectively, shall be responsible for the observation and compliance with all the provisions of this section. Such - responsibility shall include the correction of any unsafe condition and the construction and continued maintenance of all fences and other protective devices required by the provisions of this section or as deemed necessary by the Director of Engineering and Building Services to protect the general public and adjacent properties. In the event the owner or other responsible person shall fail,neglect,or refuse to perform the required corrections, maintenance, or repairs within the time set forth in subsection (m) of this section after being notified in writing to do so by the Director of Engineering and Building Services, the Director of Engineering and Building Services shall cause the required corrections,repairs, or maintenance to be done, and the cost thereof shall be a charge and expense against the owner and the land. (r) Enforcement The Director of Engineering and Building Services shall enforce the provisions of this section. If at any time the Director of Engineering and Building Services finds that any -- owner, permittee, or operator is violating any provision of this section, the Director of Engineering and Building Services may order com]':)liance in the manner set forth in subsection(m)of this section.If compliance does not proceed,the Director of Engineering and Building Services, at the end of thirty (30) days, or in the absence of reasonable assurance given as set forth in said subsection (m)of this section,may order the immediate cessation of operations. If,in the opinion of the Director of Engineering and Building Services,an immediate and substantial hazard exists to adjacent property or the general public, the Director of Engineering and Building Services may order the immediate cessation of that portion of the operation which may contribute to such a hazard within the thirty(30) day period set forth in said subsection (m) of this section, and which cessation shall continue until the correction of the hazardous condition. City of San Juan Capistrano Land Use Code 9-3-201 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (s) Appeals The operator, permittee, or owner shall have the right to appeal determinations of the Director of Engineering and Building Services pursuant to Section 9-2.311 Appeals. (t) Definitions For the purposes of this section,unless otherwise apparent from the context,certain words and phrases used in this section are defined as follows: (1) Abandonment means the cessation of mining,quarrying,and extraction operations on the site in compliance with the provisions of this section. (2) Operator means the person,whether a proprieto:r,lessee,or independent contractor, actually in charge and in control of the pit or operation being conducted upon the site. (3) Owner means a person who owns a site upon which a pit is located or upon which mining, quarrying, or commercial extraction operations are being conducted or may be conducted. (4) Site means a lot or parcel of land, or a series of contiguous or adjacent lots or parcels of land, described by a lease or similar document upon which a pit is located or upon which commercial extraction operations are being or may be conducted, and which site is covered by a permit. (5) Slope means the exposed surface of an excavation or fill which forms an incline. (6) Ultimate right-of-way means the right-of--way shown as ultimate on an adopted precise --- plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map,or a recorded Planned Community(PC) development plan.The latest adopted or recorded document in such cases shall take -- precedence. If none exists, the ultimate right-of-way shall be considered to be the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way, in the case of a private street, and the existing right-of-way, but not less than sixty (60) feet, in the case of a public street. City of San Juan Capistrano Land Use Code 9-3-202 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Section 9-3.541 Service and Fuel Dispensing Stations (a) Intent and purpose Service stations warrant special attention in this Code because they constitute a use attracting vehicular patronage exclusively. The exposed nature of the activity, distinctive physical appearance and long hours of operation necessitate special requirements to insure compatibility with the City General Plan as it relates to aesthetic and visual aspects. _._ (b) Locational criteria Service stations andfuel dispensing stations shall not be located in the Tourist Commercial(TC) - and General Commercial (GC) Districts bounded by Interstate 5 on the east, San Juan Creek on the south, Trabuco Creek on the west and La Zanja Street on the north. (c) Development standards The following development standards are the minimum standards with which service stations and accessory uses shall be evaluated: (1) Dispensing islands location. Service stations located on a corner lot shall locate the service buildings to the front of the site,with the dispensing islands located behind the building, to visually screen the islands from the adjacent roadways. (2) Project identification signs.All project identification signs shall conform to the design regulations as set forth in Section 9-3.543 Signs. (3) Price sign identification. In accordance with Section 13531 of the Business and Professions Code of the State, service stations shall post all prices charged for the purchase of vehicle fuels. Such signs shall conform to said Section 13531,subject to the following design regulations: (A) Pricing categories. Individual pricing signs shall identify the price of all grades of gasoline and diesel fuels sold on the premises, including any differential - between "self-service" and "full service" and whether the price is cash or credit. (B) Advertising media.All letters, figures, or numerals used on signs designating the price of gasoline or motor fuels shall be a minimum of six (6) inches and a maximum of nine (9) inches in height.All letters or numerals designating the grade of gasoline or motor fuels shall not be less than one-sixth (1/6) the size of the numerals designating the price. Such letters shall have a medium or heavy type face or stroke and shall be plainly visible. The colors of the letters shall contrast to the sign background so as to be easily readable. City of San Juan Capistrano Land Use Code 9-3-203 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (C) Sign location and size. Price identification signs shall be of a monument design with a maximum height of eight (8) feet with a sign face not exceeding thirty- two (32) square feet. Only one (1) sign per street frontage shall be permitted. The location of the sign shall be approved,by the Planning Director and shall not - conflict with the vehicular sight distance requirements of Section 9-3.559 Visibility at Intersections/Driveways. (D) Architectural style and color. The City encourages the design and location of such signs to be in harmony with the architectural style of the building on the premises. The use of earth-tone mission colors shall be encouraged. Examples of such colors include, but are not limited to, browns, pale yellows, tan, beige, and similar shades. — The use of an adopted lettering style or color scheme for an individual company may be permitted consistent with the provision of Section 9-3.543 Signs. (4) Required signs by governmental agencies. Signs required to be placed at a service station, including, but not limited to, "No Smoking," "Licensed Inspections and Adjustments,"and similar identification mandated by a governmental agency and not otherwise provided for in this section, shall be permitted. (5) Pump island signs.Signs designating operation:instructions,self-serve and full-serve — islands, or similar information designed for customer convenience, provided the cumulative signage does not exceed ten (1 U) square feet per island, shall be permitted. - (6) Window signs. Temporary window signs may be permitted provided they do not exceed twenty-five (25) percent of the window area and do not advertise merchandise for which an alternate method of signage is permitted by this section or other applicable provisions of this article. (7) Prohibited signs.All temporary signs not permitted by this section or Section 9-3.547 Special Activities shall be prohibited. — (8) Parking. The size, arrangement, and access of all parking areas shall conform to Section 9-3.535 Parking. All vehicles, except those within the main structure of the service station or those being serviced at the pump islands, shall be parked within the designated parking spaces. (9) Outside activities. Activities conducted outside the permanent structure shall be limited to the dispensing of gasoline, diesel fuel, oil, air, water, and minor repairs, such as the replacement of fan belts, light bulbs, wiper blades, batteries, and tire City of San Juan Capistrano Land Use Code _ 9-3-204 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards changes. All repair activities shall be confined to a designated area on the site as approved by the City. (10) Outside storage of motor vehicles.The outside storage of motor vehicles shall be strictly prohibited.For the purposes of this section,"outside storage"shall mean the parking of a motor vehicle outside the main structure of d.ie service station for a period in excess of twenty-four (24) hours, unless such vehicle is in the process of being serviced, in which case it may be parked outside the main structure for a period not exceeding seven (7) days and located in a designated parking space. Such vehicles shall be stored in such a condition that all exterior components of the vehicle are in place (i.e.,tires, doors, hoods, fenders, and the like). (11) Accessory uses. The following accessory uses shall be permitted: (A) Vending machines. Vending machines shall be either placed within the main building or in a designated area immediately adjacent to the building provided the area does not exceed forty (40) square fleet. (B) Merchandise displays.All merchandise shall be stored and/or displayed within the permanent building, with the exception of accessory and lubrication items, such as oil, wiper blades, and the like, which are normally kept on pump islands, in which case they shall be located in a specially designed case enclosure. The outside display of any other merchandise shall be prohibited. Except during those occasions when a special activity permit has been issued as set forth in Section 9-3.547 Special Activities. (C) Accessory uses not listed.The Planning Director may approve accessory uses not listed in this subsection (10) if such uses will riot be detrimental to the safety and welfare of adjacent uses or potential patrons of the service station. (12) Landscaping.Landscaping,including boundaries,streetscapes,and buildings, shall be - approved during the development review. (13) Drainage. Drainage resulting from the development of service and fuel dispensing stations shall meet all NPDES(National Pollutant Discharge Elimination System)and BMPs (Best Management Practices) requirements. City of San Juan Capistrano Land Use Code 9-3-205 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Section 9-3.543 Signs (a) Purpose and intent The City's intent, as expressed in the Community Design Element of the General Plan, is that the design of this community be of the highest quality, and that accessory facilities be compatible with the overall theme. The quality of.signs plays a very distinctive role in achieving the above policy; when abused, signs can create a visual blight which detracts from the quality of the environment and an individual's visual perception of the Gy. Recognizing that the primary purpose of signs is proper business identification for the public, the procedures and regulations of this section are enacted to: (1) Ensure that signs erected within the City are compatible with their surroundings and are in keeping with the goals and policies of the.Community Design Element of the General Plan; (2) Provide for the identification of business enter�?rises only and shall not be used for general advertising purposes; (3) Promote traffic safety and community identitywhile also enhancing the quality of the visual environment of the City; and (4) Establish procedures and design regulations which control the location, size, type, number of signs which may be permitted, including all other matters pertaining to signs. (b) General requirements The requirements set forth shall be applicable to all signs erected on or after November 15, 2002. (c) Definitions For the purpose of this section, key terms,words and phrases that are in italics, shall have the meanings as found in Appendix A Definitions of this Code. (d) Design criteria The design and placement of signs permitted under this section shall adhere to specific design _ standards as set forth below,as allowed by state and federal law.The Ciy recognizes that the primary purpose of signs is effective communication. Therefore in considering sign applications and programs under this section,the Ciy shall give close attention to adequate sign visibility, legibility, and readability. City of San Juan Capistrano Land Use Code 9-3-206 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards The design criteria is listed as follows: (1) Materials. The following materials shall be used for signs and shall be designed to be in harmony with the architectural style of the buildings which they serve. (A) Use of high quality wood signs,hand carved, sandblasted,painted, or routed; (B) Individual letters of metal or other materials, (C) Ceramic tile either painted or sandblasted; (D) Painted signs on stucco or similar background; and/or (E) The use of plastic,fiberglass or other material may be substituted for the above mentioned materials provided that the finish appearance is the same as that of the substitute material. The use of plastic lettering shall not be allowed unless the letters are internally illuminated or unless the letters are finished as either a painted or metal material. (2) Use of logos and trademarks. The use of adopted logo or trademark for a commercial or other development is permitted if the appearance will not be in substantial conflict with the architectural design of the building and the approved sign program excepting lettering style and finish colors related to the logo or trademark. (3) Sign area and height.The maximum size of signs and height provisions for different signs for various zoning districts are set forth in 'Table 3-42. Figure 3-5 defines how sign area is to be calculated. The sign area and height may exceed the maximums identified in the table if allowed by state and/or federal law. City of San Juan Capistrano Land Use Code 9-3-207 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-42 Sign Standards Max. I rype of Sin District/Land Height/Length Max.Area Max.Aggregate Sign Use (in no case (square feet)** Area/Notes** above eaves) Building-mounted signs*** TC, GC, NC, 25 feet 18 24 square feet per -- (flush) OC, RC, OSR, exposure per individual P&I tenant CM, IP 25 feet 60 80 square feet per exposure per individual tenant Building-mounted signs*** All Districts 15 feet 8 Included as aggregate (projecting) for building-mounted (flush) Business promotional signs Please refer to Cy Council Policy 419. (community-wide special events) Business promotional Maximum of 1 temporary signs sign per street exposure (grand opening) not to exceed 60 square feet total Business promotional 10 feet 30 For individual business sibs event (special activities permit) 10 feet 18/30 Center-wide event 18 sq. ft. per individual participant 30 sq. ft. for common banner(not to exceed 30'x 10') Business signs (temporary) Construction signs All Districts 8 feet 32 (major) Construction signs All Districts 6 feet 6 (minor) Convenience signs Not included in the (commercial) calculation of the aggregate area. Government and legally All Districts required posters, notices, and signs Memorial signs and tablets 6 City of San Juan Capistrano Land Use Code 9-3-208 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-42 Sign Standards Max. Type of Sign District/Land Height/Length Max.Area Max.Aggregate �' a Use (in no case (square feet)** Area/Notes** above eaves) Monument signs* TC 6 feet 24 Not more than (freestanding) maximum area GC, NC, CM,IP 6 feet 60ermitted per street fprontage for all districts P&I 6 feet 30 per multi-tenant center Auto-Dealership25 feet 60 or individual business not a part of a center National and state flags All Districts Max. height 1 national and 1 state allowed in district flag per parcel Noncommercial signs All Districts (on-site) Noncommercial signs GC, CM, IP 6 feet 12 Not more than 1 sign (off-site) per parcel Open/closed signs 6 Permanent window signs Portable signs — Professional occupation 2 signs and nameplates Real Estate Residential 6 feet 6 For lots less than 1 acre Districts and PC 32 For lots greater than 1 acre, I sign perfrontoge Religious, charitable, and 6 cultural events signs Residential nameplates Residential 1 Districts Restaurant menu board 4 signs (permanent) Service station signs Please refer to Section 9--3.541 Service and Fuel Dispensing Stations Subdivision signs Residential 6 feet 32 64 square feet per (permanent) Districts and PC project entry Subdivision signs Residential 15 feet 60 80 square feet per (temporary) Districts and PC subdivision __. Temporary produce stand FM 32 80 square feet located signs within 100 feet of the produce stand Temporary signs in public- 6 feet 6 right-of-way City of San Juan Capistrano Land Use Code 9-3-209 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-42 Sign Standards Max. Type of Sign District/Land Height/Length Max.Area Max.Aggregate Use (in no case (square feet) Area/Notes above eaves) 'Cemporary election sibs 6" (if free- 6 Identical/substantially standing) similar signs shall not be located closer than 50' No more than 1 temporary sign per candidate or ballot issue per parcel Temporary signs required by ,— CEQA process Temporary window signs 24 Not to exceed more than 25%of the total window area Theater attraction signs Traffic and safety signs Vehicle signs Only 1 freestanding sign per street frontage shall be permitted for individual establishments or shopping centers. Establishments within shopping centers are not permitted individual freestanding signs. Individual establishments, multi-tenant commercial and industrial centers, etc. may exceed the maximum allowable square footage provided the sign area is determined by the Planning Director to be in scale with the building portion of the tenant, however in no instance shall the sign face exceed the maximum permitted above or 2 percent of the building elevation portion occupied by the tenant,whichever is greater. If the Planning Director — finds that it is not in scale with the building elevation,the request is to be referred to the Planning Commission. * Not more than 1 sign per street frontage per tenant. City of San Juan Capistrano Land Use Code - 9-3-210 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards - This page left intentionally blank. City of San Juan Capistrano Land Use Code 9-3-211 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards This page left intentionally blank. City of San Juan Capistrano Land Use Code _ 9-3-212 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards --- Freestanding Monument Sign-Sign Sign copv area determined by caltvrating the area of copy area is to be determined by individual words of the calculating the area of the individual sign copy words of the sig"copy. Considered the same as a wall sign. Height of the sign Height determined from is determined by the measurement toptno.+t edge of the from the topmost edge of the sign to s;gn to the finished c at the base the finished grade at the base of the sign. of thethe s �D Cc O Building-Mounted Signs(flush)-Sign copy area is to be determined by calculating the area of the individual text -- and enclosing that area shown by points A,B,C,and D. Height of the sign "log is the distance from the topmost Sign copy area determined letter to the finish grade at the by calculating the area of A g the indi,ddual word and base of the building wall. enclosing that area Ig points A,B,C,and D, r\ C `D Upper and lower case letter 's2S,1 CC L Height of sigm is the coy area is determined distance from the by�,oxing around individual topmost letter to IV!Or aselders and the finish,rade at descenders and adding the hast otthe area total(building building wall. mounted and monumental signs). Building-Mounted Signs(projecting)-Sign copy area is to be determined by calculating the area of the sign face as shown on the example 1 and enclosing that area shown by points A,B,C,and D. Height of the sign is determined by the measurement A e from the to of the sign face to the Sion copy area determined by CnMINO p ca3cula6ii the area of the finished grade at the base of the sign. sign fate mrd enclosing STREET A a1 arca by points A,B,C,and D. c D Hei•ht of sign determined b the measurement from thetop of the sign face to the finish Zrade at the base of the buirding. Figure 3-5 Types of Signs and Calculation of Sign Area City of San Juan Capistrano Land Use Code 9-3-213 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (4) Illumination of signs. The illumination of sign copy may be achieved by any one of the following means: (A) External illumination. External illumination where the sign copy is either _ illuminated by an external light source that illuminates the sign copy or by back- lighting where the illumination of the sign is from a light source internal to the sign copy (letters) and where the light is projected onto the wall surface upon which the sign is attached. External light sources are to be integrated into the architectural or landscape features of a project such that it is not generally visible to the general public from the public right-of-way. External illuminated signs shall have a subdued light. The use of halogen as a light source shall be prohibited. Illumination of monument signs shall be limited to external fixtures; (B) Internal illumination.Sign copy may use internal illumination where the specific sign copy lettering uses a translucent material and the only portion of the sign copy that is illuminated is the actual lettering and/or a registered trademark or logo. Said signs shall be permitted in all districts except the Tourist Commercial _. (TC) District and that area identified by the Historic Town Center Master Plan. (5) Sign copy. The text or copy of signs shall identify the name and/or location of the business. (e) Permitted signs The following signs are permitted to be erected subject to approval in accordance with subsection (h) of this section: (1) Monument (freestanding). Monument signs shall be permitted for individual establishments not a part of a shopping center and shopping centers. Establishments within a shopping center shall not be permitted individual monument signs. Copy of - monument signs may include the name of the shopping center and major tenants as defined by this section.Additional individual tenant identification may be considered provided the color of sign copy is uniform and easily readable from a passing vehicle (minimum six (6) inch letters). Landscaping shall be integrated into the base of monument signs. Ashopping center may apply for the use of two (2) monument signs located on both sides of a main entry when integrated into a landscape wall design, however the aggregate sign copy area for both .sides shall not exceed the total area permitted for the district in which the project site is located. Street addresses are discouraged from being included on monument signs, unless required by police or fire services. All monument signs shall be subject to review and approval by the Planning Commission pursuant to Section 9-2.343 Sign Permit Review. City of San Juan Capistrano Land Use Code 9-3-214 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (2) Building mounted. Building-mounted signs comprise of sign copy attached to the - building surface. Signs located within arches and not projecting past the building line are considered building-mounted signs. (3) Building mounted (projecting). Projecting signs shall project no more than four (4) feet from the wall or building surface, and if located above a pedestrian walkway, a minimum clearance of seven (7)feet as measured from the bottom of the sign to the walkway surface. (4) Temporary business signs. Temporary business signs for use for up to thirty (30) days while a permanent sign is being manufactured shall comply with the design standards of this section and any applicable sim program. Documentation of the purchase order for the permanent sign is required as part of the sign permit application. (5) Theater attraction signs.Theater attraction signs which advertise coming attractions shall be permitted as building-mounted signs only on the building which the theater is located. Such signs shall be in scale with the building elevations on which it is attached. Said sign design and location to be subject to approval by the Planning Commission. (6) Major construction signs. On-site, major construction signs shall be permitted upon issuance of a building or grading permit for the project site that exceeds 7,200 square feet. The maximum allowable size for major construction signs is thirty-two (32) square feet and eight (8) feet high. Such signs shall be removed prior to issuance of a cert f cote of use and occupancy for the:project or the last phase of a project provided a valid building or grading permit has not expired. Additional sign may be approved as part of a Construction Mitigation Program. (7) Minor construction signs. Minor construction signs on propertyless than 7,200 square feet shall be permitted. The maximum allowable size for minor construction signs is -- six (6) square feet and six (6) feet high. (8) Temporary subdivision signs. Said signs shall be permitted and used to identify an approved residential subdivision for a project located in the City. Said signs shall be removed upon the issuance of the last certificate of use and occupancy for units within the subdivision. (9) Permanent subdivision signs. A maximum of two (2) permanent signs used to denote the main entrance for a residential development shall be permitted.Each sign shall not exceed thirty-two (3 2) feet in sign copy area or six (6) feet in height. (10) Noncommercial signs. Noncommercial signs are permitted if not illuminated, subject to the following provisions: City of San Juan Capistrano Land Use Code 9-3-215 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (A) Any on-site signs exhibiting noncommercial speech or message are permitted in lieu of commercial sign copy. (B) Off-site signs exhibiting noncommercial speech or message, that is, signing unrelated to the buying or selling of commodities or anything involved in the flow of commercial trade, or business custom or practice are authorized subject to the following: (i) Square footage is limited to twelve (12) square feet or less; (ii) There shall be no more than one (1)sign per parcel; (iii) Total height of a ground-mounted,sign and supporting structure shall not - exceed six (6) feet; (iv) A building-mounted sign shall not extend above the eave line; and (v) Said off-site signs are limited to the General Commercial (GC), Commercial Manufacturing (CM), and Industrial Park (IP) districts. (11) Permanent window signs. Noninternally illuminated signs shall be permitted. The area of permanent window signs shall be included in the maximum aggregate area allowed for the use or establishment. Incidental signs that describe days and hours of operation of a business and "Open" and "Closed" signs are not to be considered a - "permanent window" sign. (12) Portable signs. Portable signs may be approved provided they are shown to be - necessary for public convenience and provide directional information.Said signs shall be located upon the premises and shall not obstruct any required walkway or entry. Permits for portable signs shall be subject to review,and approval of the Planning Director. (13) Convenience signs(commercial). The Planning,Director may authorize the placement of signs which are needed for the public convenience and safety or to provide directional information. Such signs shall be designed to be viewed from within the premises or adjacent to the premises by pedestrians or by motorists parking their -- automobiles.The convenience sign area shall not:be calculated into the aggregate area authorized for the establishment. (14) Convenience signs(institutional). The Planning Director may authorize the placement of signs within the public right-of-way as needed for the public convenience and safety or to provide directional information to institutional uses including government buildings, churches,schools, or other non-profit institutions. City of San Juan Capistrano Land Use Code _ 9-3-216 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (15) Business promotional signs. The following temporary signs are permitted, if -- nonilluminated for business promotional activities: (A) Grand opening signs. A maximum of one (1) temporary sign per street exposure indicating the grand opening of a new business at a location previously not devoted to such use,change in ownership of an existing business;or re-opening of a previously existing business after a major renovation, remodel, or addition shall be permitted subject to the following standards: (i) The maximum aggregate area of all grand opening signs is not to exceed sixty (60) square feet; (ii) Such signs shall relate to the activity being conducted on the premises where they are placed; and (iii) Such signs shall be displayed a maximum of fourteen (14) days only. (B) Special activities permit signs. Linder Section 9-3.547 Special Activities, special promotional activities for businesses are permitted. In accordance with those activities the following signs/banners are permitted: (i) Size.Banners/signs may be permitted provided they do not exceed thirty (30) square feet and do not exceed a maximum length dimension of ten (10) feet. (ii) Location and color. All signs and banners are located consistent with the provisions of this section. The color of all signs and banners shall be approved by the Department of Planning Services. (iii) Time limitation.Signs and banners identifying the event may be placed on the site no earlier than three(3)days prior to the designated activity and shall be removed immediately after the special activity. Said banners shall be permitted not more than thirty-two (32) days during any calender year. (iv) Center-wide events. If the special activity includes multiple tenants of a commercial center or plaza.,all signs and banners shall be of a similar size, color and lettering style. This requirement includes all window signs related to the event. In the case of center or plaza events,the maximum banner/sign size for individual participants would be eighteen(18)square feet (same dimension maximums as per above)with a common center or plaza event identification not to exceed thirty (30) square feet,with maximum dimensions not exceeding ten (10) feet in length and three (3) feet in width. City of San Juan Capistrano Land Use Code 9-3-217 November 15,2002 Chapter 9.3 -Zoning Districts and Standards (C) Community-wide special events. The Planning Director may approve banners within the public right-of-way for community-wi de events provided the street banner request meets the provisions of City Council Policy 419 (16) Real estate signs(commercial and industrial districts).Real estate signs are permitted in all commercial and industrial districts subject to the following provisions: (A) Vacant property and new development. Said signs are permitted to be placed on vacant property, or newly developed property, or an existing development which has or is undergoing a major rehabilitation. For the purposes of this _.. section,major rehabilitation means where more than sixty(60) percent of the building square footage has been vacated to conduct building repairs. Such properties may have signs advertising the sale,lease or rental of the property — that shall not exceed six(6)feet in height and thirty-two (3 2) square feet. For those properties that are developed said signs shall be for a period not exceeding six(6) months from the date of the issuance of a cert f cote of use and occupancy. (B) Real estate signs—Existing development(all commercial and industrial districts).Each building or legal site shall be permitted one(1)temporary real estate sign per street frontage not exceeding six (6) square feet in area nor more than three (3) feet in height advertising the sale, lease or rental of a building, suite or the site on which it is placed. (17) Service station signs. Signs associated with senzce stations are to be subject to the regulations found in Section 9-3.541 Service and Fuel Dispensing Stations. (18) Architectural banners (A) Purpose and intent.To allow limited use of pole mounted banners in commercial center parking lots centers in a tasteful manner to invigorate the setting in a nonadvertising manner without detractixig from the broader community's aesthetics. (B) Applicabiby and standards -- (i) Singly owned properties with a minimum of three (3) or more commercial uses or services having a common parking area with existing light poles in place,and/or,separate properties considered or marketed as one single shopping center that share access and have more than three (3) tenants combined. (ii) Banners shall be affixed by brackets to the light poles and shall meet all -- safety requirements of manufacturer. City of San Juan Capistrano Land Use Code 9-3-218 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards (iii) Banners shall be made of vinyl or nylon and no larger than three (3) feet wide by three (3)feet high,deviations to this size must be requested and based upon scale of light pole and banner considered together. (iv) Banners may have graphics;however,text shall be limited to expressions such as "Celebrate," "fun," "Merry Christmas," or "Happy Holidays." Names of individual tenants shall not be used on banners; however, generic listing of available services may. (v) A color palette shall be provided. for consideration by the Planning Commission. (vi) Lip to half of existing light poles may have banners attached; and may be placed throughout the parking lot as desired, near entrances, or in groupings. (vii) Banners must be maintained in good shape, any signs of wear and tear necessitate their immediate removal. (viii) Banners shall be placed with public safety in mind. The bottom of each banner shall be placed a minimum of seven (7)feet from finished grade and shall not obstruct the walkway, drive aisle or passage of automobiles, delivery vehicles or their designated parking spaces, and people. (C) Review of pole mounted banner applications.The Planning Department shall receive all applications for installing pole mounted parking lot banners. Upon receipt of a complete application, the request shall be forwarded to the Planning Commission for consideration. Notification to center merchants shall be required. (D) Submittal requirements (i) A completed development application for the use of pole mounted banners signed by the property owner of record. (ii) Applications shall also include a site plan showing the location and must be submitted by property owners meeting the above qualifications. _ (fJ Signs not requiring a permit The following signs shall be permitted within the City subject to the limitations and - requirements set forth in this section. Sign permits shall not be required, but building and electrical permits may be required as set forth in Tide 8 of this Code. - City of San Juan Capistrano Land Use Code 9-3-219 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (1) National and state,f1'ags. National and state slags shall be flown and displayed in — manner whereby they are not construed as an attraction-gaining device for the advertisement of a product or use or in a manner to otherwise draw attention of the traveling public to an establishment or sales office.Such displays shall conform to the criteria established by House Document 209' of the 91st Congress and shall be maintained in an untattered/soiled condition. In addition such displays shall be limited to one national flag and one state flag per parcel.The height shall not exceed that for the specific zoning district in which it is located. (2) Incidental signs. The following incidental signs shall be permitted in all districts, if not illuminated (except as provided for here below)and no sign permit shall be required: (A) Religious,charitable,and cultural event signs not exceeding six(6)square feet in area and temporary in nature (displayed not more than thirty(30) calendar days per year). Such signs may be�fflsite signs. If off-site,the organization shall notify and get prior approval from the Planning Director. The purpose of this requirement is to insure that no traffic or public hazard will be created by the placement of the sign; (B) Temporary window signs that do not exceed more than twenty-five(25)percent - of the total window area. For the purpose of this section, total window area shall mean the total square footage of window area located on a specific building elevation of the individual business for which the temporary sign is -- located. Said sign shall not exceed twenty-four(24) square feet. Said temporary signs may be placed for a period not exceeding fourteen (14) days, six (6) times per year; (C) Residential nameplates not exceeding one (1) square foot in area indicating the name of the occupant of the residence; (D) "Open"and"Closed"signs for a business establishment,either illuminated or nonilluminated that do not exceed six (6) square feet located in a window or door; (E) Professional occupation signs and nameplates not to exceed two (2) square feet denoting only the name and profession of an occupant of the premises on which it is placed; (F) Memorial signs and tablets which denote the names of buildings and dates of erection,when cut into a masonry surface or when constructed of bronze or other noncombustible materials. Such signs shall not exceed six(6)square feet in area; City of San Juan Capistrano Land Use Code 9-3-220 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (G) Temporary signs associated with produce stands not exceeding an aggregate eighty(80)square feet and located within 100 feet of the produce stand,with individual signs not exceeding thirty-two (32) square feet in area; (H) Vehicle signs painted directly on vehicles indicating the name of the establishment using the vehicle. Other types of vehicle signs as set forth in subsection (g) of this _ section shall be prohibited; (I) Government and legally required posters,notices,and signs. Such signs may be located off-site; (J) Traffic and safety signs including signs of public utility agencies and construction contractors serving as directional or safety aids (may be illuminated). Examples include street signs, freeway off-ramp signs, and roadwork signs; (K) Temporary signs placed in the public right-of-way and not exceeding six (6) square feet in area,nor exceed three (3)feet in height. Such temporary signs are subject to Chapter 9 of Title 7 of the Municipal Code. For the purpose of this section, subdivision directional signs shall only be permitted for those residential subdivisions located within the City; (L) Noncommercial signs shall be permitted in all residential districts subject to the size and height requirements set forth for noncommercial signs within this section; (M) Temporary election signs related to a national,state,or local election including candidates and/or other issues that have been placed upon the ballot may be posted on private property, subject to the permission of the property owner and compliance with the following restrictions: (i) Each temporary sign may not exceed six(6)square feet in area nor six(6) feet in height if a freestanding sign.. If a building-mounted sign, it shall be located below the roof eaves; (ii) Each temporary sign must have listed in the lower righthand corner of the sign,the name of an actual person responsible for removing the temporary sign,a phone number where this person may be reached,and the date of posting; (iii) Temporary signs cannot be illuminated, revolve, or otherwise function with mechanical parts or devices; - City of San Juan Capistrano Land Use Code 9-3-221 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (iv) Flags, valances, pennants, lights or other similar attraction devices which are accessory to a permitted temporary sign are prohibited; (v) Temporary signs may not be supported,in whole or in part,from any tree, utility pole or other utility installation on private property or public right-of-way; (vi) Tempororysigns may be posted no more than thirty(30)days prior to the election date which they notice; and (vii) Temporary signs shall be placed no less than fifty (50) feet apart from identical or substantially similar ;=pormy signs, and in no case shall more than one temporary sign per candidate or ballot issue position be _ allowed per parcel. (N) Temporary signs that are required as a mitigation measure in accordance with a T certified Environmental Impact Report or Negative Declaration or other applicable environmental document which is enforceable by the provisions of the California Environmental Quality Act or condition made a part of approval for a specific development application; and (0) Restaurant menu board signs (permanent) building-mounted that do not exceed four (4) square feet (may be illuminated). (g) Prohibited signs The following signs, types of signs, and attraction devices shall be prohibited: (1) Signs mounted on or above roofs; (2) Signs which incorporate in any manner flashing,moving,including signs manipulated by individuals, or intermittent lighting; -- (3) Signs which incorporate mechanical movement:of any kind such as but not limited to, rotating, revolving, moving, or animated signs; (4) Trailer signs and signs attached to the roof, tnink, hood, or other part of a vehicle, unless specifically permitted by subsection (f)(2)(H) of this section, (5) Off-site signs, except those specifically permitted by subsections (e) and (f) of this _. section; City of San Juan Capistrano Land Use Code -- 9-3-222 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (6) Billboards, off-site advertising signs, and other signs which give directions to or identify a use or product not sold or located at the location of the sign except as permitted in subsection (f) of this section; (7) Flags,valances, balloons, pennants, and/or other attraction devices; (8) Signs which are supported in whole or in part from any public utility installation or any tree or other utility pole on public or private property; _ (9) Signs which by color,wording,design,location, or illumination resemble or conflict with any traffic control devices or with the safe and efficient flow of traffic; — (10) Signs which create a safety hazard by obstructing the clear view of pedestrian or vehicular traffic, per Section 9-3.559 Visibility at Intersections/Driveways-, (11) Signs which are placed on or written providing direction (excepting address) in windows of a vehicle, where the vehicle is parked in such a way as to promote or advertise,whether on public or private property; (12) Signs which do not conform with the design standards of this section; (13) Exposed neon signs (except "Open" or "Closed"window signs); and -- (14) Spot lights (except as part of an approved community-side event). (h) Sign permit procedures A sign permit application shall be processed according to Section 9-2.343 Sign Permit Review. Tenants have the option to submit sign proposals that are not consistent with approved sign programs to the Planning Commission for consideration, as described in subsection (i). (i) Exceptions Exceptions to the design standards of subsection (d) of this section may be granted by the Planning Commission after conducting a duly noticed public hearing in accordance with Section 9-2.335 Public Hearing Procedures. In order to grant an exception the Planning Commission must make the following findings: (1) The sign complies with all other applicable criteria of this section; (2) The scale of the sign will be in harmony with the architectural design for the building which it will serve; City of San Juan Capistrano Land Use Code 9-3-223 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (3) The sign will not create a hazard or will be harmful to other adjacent properties; and (4) The sign is an integral component of a coordinated sign program for the building or development. (j) Appeals Any decision of either the Planning Director or the Planning Commission may be appealed to the City Council in accordance with the procedures of Section 9-2.311 Appeals. (k) Violation The following provisions shall apply to violations of this section: — (1) Removal of illegally sized signs, illegally affixed signs, and unmarked signs (A) Temporary signs placed on private property which obstruct the visibility of traffic, street signs, signals or emergency equipment, and are determined by the Director of Building and Engineering,to pose a hazard to public safety,are subject to immediate removal by City employees. Temporary signs removed in accordance with this subsection shall be stored and the owner notified in accordance with written administrative procedure. (B) Temporary signs improperly marked in accordance with subsection (f)(2), or - which are affixed,or which are illegally located,are subject to removal by City employees upon twenty-four (24) hour notice. A notice of removal will be affixed to the illegal sign during this twenty-four (24) hour period. A reasonable attempt will be made to notify the sign owner of the violation and the need to remove the illegal sign. An o,Amer of an illegal temporary sign given notice to remove the sign may file a written request for an administrative hearing by the Planning Director,if he or she disputes whether the sign is illegal. This written request must be filed prior to the expiration of the twenty-four (24) hour period of notice. The sign will not be removed until the administrative hearing is conducted. The Planning Director must hold an administrative hearing within seventy-two (72) hours of receipt of written -- request to consider whether the sign is illegal. If the Planning Director finds that the sign does not meet all applicable requirements of this Code for temporary signs,the sign shall be removed within twenty-four(24)hours.If the sign is not - removed,the City will cause the sign to be removed and it will be stored at City offices in accordance with written administrative procedure. (C) Any temporary sign posted or otherwise affixed in violation of subsections (k)(1)(A) and/or(k)(1)(B)of this section may be removed by officers of Police City of San Juan Capistrano Land Use Code 9-3-224 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Services, Building Inspectors, Public Lands and Facilities employees, or by a Code Enforcement Officer. (D) Illegal or abandoned signs. As used in this section, illegal signs do not include legally erected, nonconforming signs, for which an applicable amortization period has not expired. "Abandoned advertising sign" shall mean any sign remaining in place or maintained for a .period of ninety (90) days which no longer advertises or identifies an ongoing business,product,or service available on the business premises where the sign is located. All illegal or abandoned -- signs shall be removed without compensation,including any on-site sign which meets any of the following criteria: (i) Any sign erected without first complying with all ordinances and regulations in effect at the time of construction and erection or use; and (ii) Any sign which was lawfully erected, but which the display has been abandoned by its owner, for a period of not less than ninety(90) days. Costs incurred in removing an abandoned display may be charged to the legal owner of the premises upon which the sign is located. (E) In addition to the above,every violation of any provision of this section shall be punishable as set forth in Chapter 2, Tit].e 1 of this Municipal Code. Section 9-3.545 Soils Subsidence Remediation Program (a) Purpose The purpose of this program is to establish specific measures that will provide financial resources and programs to assist in the correction of damages arising from slope displacement. (b) Projects Subject to Program "Significant residential development" covered by this program means all residential development proposals in hillside areas as defined by having natural slopes of greater than 10 percent consisting of: (a) ten (10) or more subdivision lots; or (b) any development which requires corrective grading to eliminate a potential slope or soils stability problem. Slopes subject to the provisions of this chapter are defined as follows: (1) All designated common area landscape slopes maintained by a Homeowner — Association who has been designated by the project CCBzR responsibility for their maintenance; City of San Juan Capistrano Land Use Code 9-3-225 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (2) All manufactured slopes having a minimum height of five (5) feet in vertical height; (3) All natural slopes within 200 feet of individual lots, or within 150 feet if within the fuel modification zone. (c) Program components Each subdivision tentative map approval or other development requiring a land use entitlement covered by this title shall include condiitions of approval implementing the following provisions. Said provisions shall be established and recorded prior to or concurrent with a final map or issuance of a grading permit whichever would occur first. (1) Catastrophic soil displacement program element. The following standard condition of approval shall be applied to all residential subdivisions in the City that incorporate manufactured slopes of either a cut or fill nature within an area subject to this program: (A) Type of remediation program. Prior to the issuance of a grading permit, the subdivider shall create a Geologic Hazard Abatement District authorized under Public Resources Code Section 2 6500 et.seq.Said District upon creation shall be activated upon a subsidence occurrence per the definition in subsection(B) following. (B) Definition of catastrophic coverage. Catastrophic soils subsidence is defined as displacement of a manufactured or natural slope at a depth greater than three feet with a vertical movement of one (1) foot or more, regardless of cause. (C) Covered repairs (short-term). The subdivider will make or cause to be made all repairs to correct any damages to individual lots and structures, or common/public improvements due to soils displacement at their sole expense for the first three(3)years after completion of rough grading of the entire site or the close of escrow for all lots within the subdivision whichever is latter. (D) Covered repairs (long-term). If a catastrophic displacement should occur subsequent to subsection (C) above,the Geologic Hazard Abatement District shall cover the cost of the actual repairs including damage to individual lots and structures, or common/public improvements due to soils displacement. (E) Reserved rights clause. This clause shall be, included in the formation of the Geologic Hazard Abatement District reserving the right of the subdivider, a homeowner association or the Geologic Hazard Abatement District to assert claims against any person or entity responsible in whole or in part for the - displacement of soils covered by this section. City of San Juan Capistrano Land Use Code 9-3-226 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (F) Public disclosure of district formation. Public disclosure of the formation of the district shall be provided by a recorded document on the Grant Deed for all lots or parcels within the boundaries of the Geologic Hazard Abatement - District.Furthermore,the California Department of Real Estate Report on the subdivision offering the lots or parcels for initial sale shall also include a disclosure statement for prospective buyers. (2) Surficial soil displacement remediation progiram element. The following program elements shall be incorporated into CC&R for any residential subdivision applications subject to the provisions of this chapter to insure the long-term stability of subdivision slopes over the life of the project for surficial displacement: (A) Definition of su f cial coverage. "Surficiat soils subsidence" is defined as displacement of a manufactured slope at a depth up to three (3) feet with a vertical movement of one (1) foot or more, regardless of cause. Soils subsidence does not include surface cracking and fissures, including desiccation cracks, or erosion (defined as the wearing away of surface of the slope,as opposed to movement of the slope,resulting from the force of water, wind, persons, or vehicles moving over the surface, unless erosion ultimately results in displacement). Surficial damage shall be considered catastrophic if due to the extent of movement,sufficient funds as required under subsection (D)following, are not available to repair the damage. (B) Reserved rights clause. This clause is to reserve the right of the subdivider, a homeowner association or the Geologic Hazard Abatement District to assert claims against any person or entity responsible in whole or in part for the displacement of soils covered by this program. (C) Covered repairs (short-term). The subdivider will make or cause to be made all repairs to correct any damage to individual lots, structures or public/private improvements soils displacement at their sole expense for the first three (3) years after the completion of rough grading or the close of escrow for all lots within the entire subdivision whichever is latter. (D) Covered repairs (long-term). A Homeowner Association shall be formed for all subdivisions subject to the City soils subsidence remediation program. The purpose of the Association is to insure the maintenance of a Homeowner Assessment Fund which will collect and maintain a restricted fund to correct damage to individual lots,structures or public/private improvements due to soil displacement occurrences. Said restricted account is to be established prior to the issuance of the first grading permit for the subdivision. The subdivider is to deposit into the H omeowner Association restricted account,an initial amount City of San Juan Capistrano Land Use Code 9-3-227 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards as determined by the City. Regulation and use of the restricted account shall be in accordance with the following: — (i) Funds deposited into the Homeowner Association restricted account can only be used for actual costs associated with correcting soils - displacement events as described above. The initial security shall be in such form and manner as to guarantee and secure the performance of the seller (subdivider) and shall consist of one of the following, at the option of the seller and with the approval of the Ci y Council: (a) Corporate sureties approved by the City Attorney; (b) A deposit, either with a responsible escrow agent or trust company,of money or negotiable bonds of the kind approved for securing deposits of public moneys; or (c) An instrument of credit, from one or more financial institutions subject to regulation by the state or federal government,pledging that the funds necessary to carry out the warranty program are on deposit and guaranteed for payment. (ii) Special assessments shall be applied to all parcels within the subdivision. Said assessments shall commence on the initial close of escrow, pursuant to the regulations of the California Department of Real Estate. Said assessments shall be collected by the Homeowner Association until the account reaches a predetermined minimum as established by the Ciy. The subdivider shall be able to withdraw its initial deposit provided the fund does not fall below seventy-five (75) percent of the predetermined minimum. If a claim occurs during the period the developer is responsible, and the fund drops below the seventy-five (7 5)percent level the developer shall restore the fund to the minimum - seventy-five (7 5) percent level. (iii) If the amount in the account is less than the minimum amount as specified above at the conclusion of the initial time period (short- term), then the subdivider shall deposit sufficient funds to meet the minimum requirements. (iv) Appropriate provisions shall be included in the Homeowner Association CCBzR and in the grant deeds to grant an exclusive license to the subdivider or the Homeowner Association, the right to enter onto common lots and individually-owned lots so that the subdivider or its agents or Homeowner Association can maintain and inspect all landscaping, irrigation and drainage devices, and all other natural and City of San Juan Capistrano Land Use Code 9-3-228 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards artificial conditions which affect or might affect the integrity of slopes -- which are subject to the provisions of this program. (v) A provision in the CC&R that requires any proposed alterations by homeowners to the landscaping,grading, irrigation or drainage installed as part of the subdivision on individually-owned property to be subject to review and approval by the Homeowners Association and City. (E) Claim processing. The Homeowner Association in the administration of this program shall retain the services of an independent claims adjusting service. The service shall be responsible to adjust all claims for work which are claimed to be within the coverage of the program. Claims asserted to be within the coverage of the program will be processed by forms provided by the Homeowner Association and filed with the independent adjuster, who will promptly adjust such claims after obtaining an analysis on the scope and cost of completing all necessary repairs. The Assessment Fund or other approved funding device will compensate for the cost of the independent claims adjusting service. (F) Mod f cation to required CC&R. A provision shall be incorporated into a subdivisions CC&R that will require City approval of any modifications to specific provisions of the CC&R designed to carry out the provisions of this chapter. Section 9-3.547 Special Activities (non-residential (a) Intent and purpose The intent and purpose of this section are to establish a permit procedure for the regulation of the display of merchandise and products and/or temporary banners outside normal sales _ areas which may occur in association with a special promotional/sale activity and in addition, certain short-term uses which due to their brief duration may be adequately managed through a permit process. This section is not intended to control or regulate the normal promotional/sale activities conducted within the approved display area of a business establishment as provided for by other applicable provisions of this Code. (b) Applicability (1) Business owners/property owners who are engaged in conducting a permitted business activity in the Office Commercial (OC),Neighborhood Commercial(NC), Tourist Commercial (TC), General Commercial (GC), Farm Market (FM), - Commercial Manufacturing (CM), and those portions of the Planned Community (PC)District which permit commercial uses may apply for a special activities permit. City of San Juan Capistrano Land Use Code 9-3-229 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (2) Christmas tree sales. The sale of Christmas trees shall be permitted only during the month of December, subject to the following requirements: — (A) A special activities permit shall be obtained prior to the issuance of any other permit relating to the operation of this use. (B) The facility shall be removed and the premises upon which it was located shall be cleared of all debris and restored to its original condition by January 1 st following the holiday. (3) Carnivals,festivals, exhibits, and sidewalk sales. These uses and similar enterprises may be operated on a temporary basis provided they meet thefollowing requirements: (A) A special activities permit shall be obtained prior to the issuance of any other permit relating to the operations of this use; (B) Sponsorship shall be limited to public agencies or religious, fraternal, or service organizations directly engaged in civic or charitable efforts; (C) The time period for such activities shall :not exceed five (5) consecutive days within any three (3) month period; (D) Such activities shall not cause or produce dust, gas, smoke, fumes, odors, or vibration detrimental to other persons or:properties in the vicinity; (E) The lights used to illuminate the event shall be arranged so as to direct light away from nearby residences; (F) No public address system shall be installed in conjunction with the event unless such system is modulated so as not to disturb the occupants of nearby dwellings; (G) All structures,apparatus,and appurtenances shall be removed from the premises as soon as possible following the closing of the event; and (H) The hours of operation shall be subject to the review and approval of the Planning Director. (4) Car dealers desiring to use tents temporarily to promote sales are subject to the following: (A) A maximum period of up to thirty-two (32) days may be approved under a special event permit application issued by the Planning Director and may not be City of San Juan Capistrano Land Use Code 9-3-230 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards broken into more than three(3)separate time periods totaling thirty-two(3 2) days. (B) The Planning Commission, upon conducting a public meeting, may grant an additional time period of forty-five (45) days. Said application shall indicate the additional time of year the tent will be used. (C) Dealership tents may be allowed beginning in January as long as there is a thirty (30) day gap between each time period allowed. (D) Design standards for dealership tents shall be as follows: _ (i) No signs or other structures may be added to the tent. (5) A grand opening event of fourteen (14) days shall be exempt from these provisions. (c) Review process (1) The Planning Director, or designated agent, may issue special activities permits, pursuant to Section 9-2.303 Administrative Ap provals, provided thefollowing criteria are met and the application is consistent with the design standards set forth in subsection (d) of this section: (A) The special activity permit will not exceed thirty-two (32) days during any twelve(12)month period.The Planning Commission may also approve for car dealerships, subject to Section 9-2.339 Public Meeting Procedures, an --- additional forty-five (45) day period for auto dealership promotional tents. (B) The property owner has authorized the special activity in writing; and (C) The application is submitted fourteen(14)days prior to the scheduled activity. (d) Application information The Planning Director shall prescribe the type and form of information required to process an administrative permit. (e) Specific design standards The following specific design standards shall apply to all special activities: (1) Banners/signs.Banners and signs maybe permitted in accordance with the provisions of Section 9-3.543 Signs. City of San Juan Capistrano Land Use Code 9-3-231 November IS, 2002 Chapter 9.3 -Zoning Districts and Standards (2) Flags. The use of flags shall be strictly prohibited. (f) General conditions of approval The following general operational conditions shall be considered for all special activity permits: (1) Activities shall be restricted to that portion so designated on the site plan; (2) A site plan has been approved by the Orange County Fire Authority and Orange County Sheriff's Departments for meeting public safety requirements when applicable; (3) The City has reviewed the site plan regarding adequate parking and traffic circulation for both vehicular and pedestrian,including provisions for emergency ingress/egress; (4) Adequate space shall be provided on walkways for the passage of pedestrian traffic (minimum five (5) feet); (5) The site plan and all signage complies with this Code and the specific design standards set forth in subsection (e) of this section; (6) Displays shall be removed by 10:00 p.m. on the last day of the activity; (7) A valid business license has been issued for the applicant by the City; (8) A cleaning deposit had been made if determined to be applicable by the Planning Director; (9) The activities shall be confined to the sale of the specified goods only, (10) Additional conditions as determined by the Planning Director or designated agent as necessary to protect the public's health, safety, and welfare shall be met; and (11) Must be issued all applicable building permits. (g) Additional activities The Planning Director or his or her agent may approve, conditionally approve, or deny special activity permit requests for the following types Df uses. These uses may be permitted for a period of time not to exceed thirty-two (3 2) days. The thirty-two (3 2) days allowed under a special use permit application shall not be broken into more than three (3) individual times per calender year. Applications for such uses shall be on forms provided City of San Juan Capistrano Land Use Code 9-3-232 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards by the City and shall include all necessary information to review such requests for compliance with all applicable regulations. (1) Christmas tree sales; (2) Carnivals, festivals, and exhibits by non-profit community groups; (3) Sidewalk sales and special retail promotional events; (4) Horse shows and exhibitions not located at an existing equestrian center; (5) Promotional tents for car dealers; and (6) Any special activity proposed for a residential district (shall require adjacent property owner approval). Section 9-3.549 Storage and Display (Outside) (a) Outside storage as principal or conditional uses The outside storage of materials, equipment, and other items shall be prohibited, except where specifically permitted in individual districts. Where outside storage is permitted as a comparable mobilehome park, specific conditions providing for adequately screening the storage area shall be imposed by the Planning Commission. (b) Outside storage as accessory use The outside storage of materials and equipment,where permitted as incidental to the use of an office,store,factory,or other commercial or industrial building located on the same building site, shall conform to the following: (1) Any outdoor area used for storage shall be completely enclosed by a solid masonry wall,with necessary solid appearing gates,with a minimum height of six(6)feet and a maximum height of eight (8) feet. The substitution of a fence, decorative wall, or dense plantings which will adequately buffer the area may be approved as a part of the development review procedures. (2) The storage of materials or equipment shall not be higher than the enclosure surrounding it. Exceptions may be granted by the Planning Commission in cases where the stored materials are within a container, such as a silo, bins, or tanks, for finished products in transition or in other situations where the provisions of this subsection are not appropriate. City of San Juan Capistrano Land Use Code 9-3-233 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (c) Outside displays of merchandise and products The outside displays of merchandise and products shill be prohibited in all districts,except where specifically permitted by this Code.Permitted outside displays shall comply with the following provisions: (1) Every portion of a lot used for outside displays shall comply with all the setback requirements for the applicable base district, except for vehicular sales and rentals; (2) Every portion of a lot used for outside displays shall be considered as a part of the gross floor area in calculating the parking requirements for the subject use,except for vehicular sales and rentals; (3) Every portion of a lot used for the sale, rental, or lease of automobiles, trucks, trailers, and other similar vehicles shall comply with the screening, access, circulation, paving,bumper,lighting,and other applicable provisions of this chapter required for parking facilities.For inventory parking of vehicles, tandem parking is permitted,subject to maintenance of a twenty-five (25) foot drive aisle. In addition to the landscape requirements required by Section 9-3.5 3 5 Parking,all sites shall provide a minimum ten (10)foot landscaped buffer area between the streetfrontage and display area;and (4) All outside display areas shall be designated and approved during the development review procedure. Section 9.3.551 Swimming Pools Swimrr,ing pools, whirlpools, and spas shall be permitted in all residential districts subject to the followiizg requirements: (a) RS-10,000, RS-7,000, RS-4,000, RG-7,000, R.G-4,000, RM, AF/SH and PC Districts Swimming pools, whirlpools and spas located in the Single-Family-10,000 (RS-10,000), Single-Family-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), Multiple-Family (RM), .Affordable Family/Senior Housing(AF/SH),and Planned Community(PC)Districts shall be located no closer than five (5) feet from the edge of the water to any side or rear ?roperty line, and shall maintain the front yard setback as specified in this Code for the principal building on the lot. In no case shall pools be located where the fence height is .-estricted to less than five (5) feet. City of San Juan Capistrano Land Use Code 9-3-234 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (b) RSE-40,000, RSE-20,000, RA,A, and HR Districts Pools in the Single-Family-40,000 (RSE-40,000), Single-Family-20,000 (RSE-20,000), Residential/Agriculture (RA), Agri-Business (A), and. Hillside Residential (HR) Districts shall be located no closer than ten (10) feet from the edge of the water to any side or rear property line and shall maintain the same minimurn front yard setback as specified in this Code for the principal building on the lot. In no case shall pools be located where fence height is restricted to less than five (5) feet. (c) Filter and heating equipment Filter, heating, and other pool support equipment shall be located no closer than twenty (20)feet from any neighboring dwelling,unless such equipment is placed within a building, underground vault, or other enclosure which the Eanning Director determines provides effective noise and vibration damping.In order to make such a determination,the Planning Director may require sound tests of the proposed enclosure by a qualified professional.The Planning Director shall use the requirements of Section.9-3.531 Noise Standards as a guide to determining the adequacy of acoustical damping. (d) Fence requirements All pools shall be completely enclosed by a fence or wall pursuant to Title 8 of this Municipal Code. (e) Supplemental structures The following supplemental structures including pool slides,waterfalls, grottos, etc., that exceed six (6) feet in height shall comply with all setback provisions of Section 9-3.501 Accessary Lases and Structures. Section 9-3.553 Temporary Uses and Structures The f allowing uses and structures may be established as temporary uses or structures subject to prior approval by the Planning Director according to Section 9-2.347 Temporary Use Permit.Additional temporary uses may be established by the City Council by resolution. (a) Temporary storage of building materials The temporary storage of building materials shall be restricted to those materials used during the construction of a building project. For the purposes of this subsection, "storage" shall include the temporary office of the contractor provided such office is located on the construction site or on property adjoining the construction site. City of San Juan Capistrano Land Use Code 9-3-235 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (b) Large construction in residential yards (1) Large construction in residential yards shall pertain to a type of construction which is not incidental to the residential use nor of a commercial nature such as boat,plane, non-operable automobile restoration, etc. Such activities may be permitted within a residential district subject to the issuance of a temporary use permit by the Planning Director. (2) The applicant for a temporary use permit for such purpose shall comply with all of the following requirements: (A) The proposed construction shall be of a type which will not be permanent to the site and which shall not require the issuance of a building permit, such as for boat construction and car restoration; (B) The construction shall not project into any required front or exterior side yard; (C) The proposed item for construction shall be for the personal use of the applicant or the members of his or her immediate family; (D) The proposed construction shall adhere to the requirements limiting excessive noise as set forth in Section 9-3.531 Noise Standards; and (E) The temporary use permit shall be issued for a period not longer than one (1) year.Extensions may be granted subject to the approval of the Planning Director. (c) Model homes and subdivision sales offices (1) General requirements. Temporary model homes and subdivision sales offices may be erected and maintained in conjunction with approved subdivisions in the City. Such uses shall be restricted to the first sales of lots or units within approved subdivisions and shall be subject to the following: (A) All temporary elevation alterations of homes for commercial purposes shall be subject to prior approval by the Planning Director. (B) The furnishings placed in a model home shall be maintained solely for the purposes accessory to the display of the model home. (C) Banners,posters, pennants,ribbons, streamers, strings of light bulbs, spinners and other moving devices shall be prohibited. City of San Juan Capistrano Land Use Code 9-3-236 November 15, 2002 Y Chapter 9.3 -Zoning Districts and Standards (2) Use and occupancy. Temporary certificates of use and occupancy for the operation of model homes and subdivisions sales offices shall be issued by the Division of Building and Safety upon approval by the Planning Director,subject to record of administrative approval. (3) Enforcement.Any violation of this Code pertaining to the operation or occupancy of model homes or subdivision sales offices shall be cause for the revocation of any use and occupancy permit previously issued for any.model home or subdivision sales office. (d) Temporary residences and temporary caretaker residences (1) Outside the Floodplain Management District (A) Temporary residences or temporary caretaker residences located outside the Floodplain Management District are subject to the following requirements: (i) Temporary residences or temporar},caretaker residences shall be listed as a permitted use in the applicable district; and (ii) Temporary residences or temporar3-caretaker residences shall meet all yard setback requirements of the applicable district. (B) Temporary residences or temporary caretaker residences located outside the Floodplain Management District are also subject the following requirements: (i) Temporary residences and temporary caretaker residences shall have a floor area no greater than 750 square feet; and (ii) Temporary residences and temporai'y caretaker residences shall be removed no later than nine (9) months after the issuance of the set-up permit for the permanent primary residence or temporary caretaker residence or upon the issuance of the "certificate of use and occupancy" for the permanent principal residence, permanent caretaker residence, or permanent use,whichever occurs first. (C) The set-up permit for the temporary residence or temporary caretakers residence shall not be used until after the issuance of the building permit for the permanent principal residence,permanent caretakers residence,or permanent use. (D) In order to assure compliance with the requirements of this subsection, a cash deposit or other form of surety shall be deposited in accordance with Section 9-5.101 Fees, Deposits, and Bonds. City of San Juan Capistrano Land Use Code 9-3-237 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (e) Within the Floodplain Management District No temporary residences or temporary caretakers residences shall be situated within the Floodplain Management District. (f) Use of vehicles The temporary use of a mobilehome,recreational vehicle,truck,or other vehicle as a residence or commercial structure shall not exceed ten (10) days in all districts. (g) Temporary classrooms for private schools Temporary classrooms used at private schools shall be subject to the regulations contained in City Council Policy 415. Section 9-3.555 Transportation Demand Management (a) Purpose and intent The City of San Juan Capistrano finds and determines that the purpose and intent of this - section is to: (1) Reduce traffic congestion which contributes to significant deterioration of air quality and increase the efficient use of energy resources; (2) Increase mobility, improve the overall efficiency of the City transportation system by enhancing vehicular flow and shifting transportation demand to facilities with available capacity; and, (3) Improve air quality and reduce noise levels associated with traffic. (b) Applicability (1) The provisions of this section shall apply to all proposed nonresidential development. (2) The facility standards provisions of this section shall apply to proposed nonresidential development projects based on projected number of employees according to subsection (3) of this subsection and based on Table 3-43. For those facility standards which are discretionary, the Planning Director shall have the authority to require the provision of such improvements based on their&r p reduction capability. City of San Juan Capistrano Land Use Code — 9-3-238 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Table 3-43 Facilities Standards Number of Employees 15-25 25-49 50-99 100-249 250+ Rideshare Information Area R R R R R Secure Bike Storage D R R R R Preferential Parking -- R R R R Rideshare Passenger Loading -- D R R R Shower Facilities -- -- D R R Bus Turnout's -- -- -- D R Central Lunchroom -- -- D D R (R: Required; D: Discretionary; --: Not Required) Provided OCTA designates a bus stop adjacent to the project site. (3) For the purpose of determining whether a proposed development project is subject to the provisions of this section, projected total number of employees shall be - determined based on the following: (A) Employment projections shall be based on the proposed area (square feet) of nonresidential development,the type of land use,and the following "employee generation factors" included in Table 3-44: Table 3-44 Employee Generation Factors Land Use Building Area/Employee - Commercial 500 square feet Office 250 square feet Industrial 525 square feet Hotel/Motel 1.2 rooms Others Determined by City Engineer (B) In cases where the applicant believes that the"employee generation factors"of Table 3-44 are not appropriate,they may request approval to use alternative "employee generation factors" subject to review and approval by the Planning Director. The Planning Director may approve such alternative "employee generation factors" based on findings that they are based on comparable or more accurate survey data conducted by a professionally recognized City of San Juan Capistrano Land Use Code 9-3-239 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards organization and that they will result in a more accurate estimate of potential employees for a given project. (c) Facility standards All nonresidential development projects which are required to provide rideshare facilities pursuant to subsection (b) of this section shall comply with the following facility standards: (1) Rideshare information area (A) Rideshare information areas shall be an area that provides employees with information on available transportation alternatives to the single-occupancy vehicle. (B) The area shall be centrally located and accessible to all employees or tenants. (C) Information should include current routes and schedules for public transit, ridesharing match lists, available employee incentives, and ridesharing promotional material supplied by commuter-oriented organizations. (2) Secure bicycle storage (A) Bicycle storage facilities for use by employees or tenants shall be conveniently located in relationship to employee building entrances. (B) Bike storage facilities shall be provided for five (5) bicycles for every 100 employees or fraction thereof. (3) Preferential parking (A) A minimum number of parking spaces restricted for use by "car/van pool" vehicles shall be based on the following percentage of total required parking: Commercial Uses 4.596 Office/Professional Uses 12.75% IndustriaVR&D Uses 13.59/6 Hotel Uses 4.59,6 (B) "Car/Van Pool" parking spaces shall be clearly designated by surface painting and/or signs indicating"Car-pool vehicle use only"and will be located in close City of San Juan Capistrano Land Use Code 9-3-240 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards proximity to the employee entrance to the building to the satisfaction of the Planning Director. (4) Rideshare vehicle loading area (A) Loading areas shall be provided for rideshare vehicles in close proximity to the building's employee entrance(s). (B) Rideshare vehicle loading areas will be sized to accommodate the anticipated type of rideshare vehicle and should be designed in a manner that does not impede vehicular circulation in the parking area. (5) Employee shower facilities (A) Employee shower facilities for use by bicycle and pedestrian commuters will be conveniently located and available to all employees. (B) Employee shower facilities shall be provided at a minimum of two (2) for every 250 employees or fraction thereof. (6) Bus turnouts (A) Bus stop improvements including bus pullouts, bus pads, and right-of--way for bus shelters may be required by the City Engineer for major developments located along high traffic volume streets and established bus routes based on the recommendation of the "Transit Authority" which provides public bus service to the project site. (B) Bus stop improvements will be designed to conform with standard traffic engineering standards. (7) Central lunchroom (A) Central lunchroom facilities will provide employees with on-site food preparation and eating areas. Central lunchrooms shall provide a minimum of ten (10) square feet per employee. (B) Central lunchrooms shall include, at a minimum, a rangetop, refrigerator, microwave, and sink. (d) Transportation Management Association (TMA) standards All proposed nonresidential development projects which consist of multi-tenant or multiple parcel development shall be required to establish a Transportation Management City of San Juan Capistrano Land Use Code 9-3-241 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards Association (TMA)within the conditions, covenants and restrictions(CCBLR)for the property.The TMA provisions of the conditions,covenants, and restrictions shall include thefollowing elements: (1) Establish TMA membership and operational procedures. (2) Establish tenant responsibility to participate in the operation and administration of the TMA and the implementation of TMA programs. (3) Grant the TMA the authority to levy an assessment to finance the programs and activities of the Association. (4) Grant the TMA the authority to administer and implement rideshare and trip reduction programs including but not limited to the following: _ (A) Implement carpool, buspool, and/or vanpool programs; (B) Fund a vanpool purchase program; (C) Provide cash allowances, passes or other public transit subsidies; l (D) Impose parking fees or restrictions on single occupancy vehicles; (E) Provide full or partial parking subsidies for ridesharing vehicles; (F) Administer commuter rideshare matching service; (G) Provide employees with guaranteed ride-home program for ridesharing; (H) Limit service vehicle deliveries to non-peak hours; (1) Provide on-site day care services; Q) Pay cash bonuses for ridesharing; (I) Provide housing including preferential financing,assistance,moving expenses; and (L) Assign staff responsibility for coordinating ridesharing activities. (e) Implementation and exceptions (1) All applicable nonresidential development projects shall demonstrate compliance with the provisions of this section as part of the land development application review process as follows: City of San Juan Capistrano Land Use Code 9-3-242 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards (A) Facility standards shall be reviewed for compliance as part of the "site plan review" or "architectural control" application process. (B) The establishment of a Transportation Management Association (TMA) shall be subject to the review and approval of the Planning Director as part of the "subdivision"or"site plan review"proces>.The approved TMA document shall be recorded prior to the issuance any grading/building permits. (2) The Planning Director shall have the authority to grant exceptions to the provisions of this section based on findings that the exception is not contrary to the purpose and intent of this section and is consistent with the provisions of the General Plan. (f) Enforcement To assure compliance with this section, the City may withhold the issuance of "building permits", "certificates of use or occupancy,"and/or"business licenses"for a development project or its tenants until all required facility improvements have been completed and/or any necessary CC&R documents have been recorded. (g) Definitions For the purposes of this section,unless otherwise apparent from the context,certain words and phrases used in this section are defined as follows: (1) Development project means any proposed nonresidential proposal subject to a discretionary review process including rezoning,subdivision,conditional use permit,site plan review, or architectural control. Section 9-3.557 Tree Preservation (a) Purpose and intent The purpose and intent of this section is to provide for the preservation and maintenance of existing trees within the Ci y while permitting reasonable use and development of properties containing such trees, as well as the reasonable trimming and maintenance of such trees. (b) Severe tree trimming regulations No property owner or his or her agent in any district :in the City shall cause any tree on his property to be severely trimmed, unless prior approval is given by the Planning Director, upon recommendation of an arborist. City of San Juan Capistrano Land Use Code 9-3-243 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (1) Suggested tree trimming standards The primary aim of trimming is to preserve the health,beauty,and longevity of trees. Trimming for such purpose will also make trees safer,more functional,and valuable. Practices such as stub cuts,random branch removal,and topping(stubbing back the entire crown) defeat the primary aim, create hazards, and drastically reduce the monetary value of trees. Therefore, such practices shall not be employed. The following standards identify trimming methods which will give maximum benefits to both trees and people: (A) Types of cuts (i) Removal of laterals (a) Shoulder cuts.The final cut in removing a lateral branch should be immediately beyond the branch bark ridges,preserving the branch collar, as shown in Figure 3-6. Do not make stub cuts (an inch or more beyond the branch collar). Do not make flush cuts(through the branch collar). City of San Juan Capistrano Land Use Code 9-3-244 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards ]Lateral Branch Final Cut `(Remove lateral branch just beyond the branch bark ridge,preserving the branch collar.) ;! 3 1 � f� Figure 3-6 Shoulder Cut (b) Triple cuts. For any branch too large to be held while being cut, remove by means of the following cuts, as shown in Figure 3-7: - (1) Undercut the branch four (4) inches to ten (10) inches beyond the base. (2) Cut off the branch beyond the undercut. (3) Remove the remaining stub via a shoulder cut as described above. City of San Juan Capistrano Land Use Code 9-3-245 November 15, 2402 Chapter 9.3 -Zoning Districts and Standards First Cut Second Cut Final Cut (4-10 inches from Base) r Figure 3-7 Triple Cut (ii) Removal of terminals (tip thinning and drop crotching) (a) Thinning. "Lace out"the terminal portions of branches by cutting the terminals back to the laterals as shown in Figure 3-8. (The basal diameter of the remaining lateral should be one-third (/3) the diameter of the terminal being removed.) Remove numerous small terminals and laterals rather than taking out a few large ones. City of San Juan Capistrano Land Use Code 9-3-246 November 15, 2002 Chanter 9.3 -Zoning Districts and Standards 3 Figure 3-8 Thinning (b) Size reduction. To take out portions of the crown for reducing height, remove the terminals back to the laterals as shown in Figure 3-9. Each lateral should be suitably situated to serve as the new terminal, thus establishing the crown at a lower level. The basal diameter of a lateral should be at least one-third ('/3) the basal diameter of the terminal being removed. (Laterals smaller than this cannot function effectively as new terminals, and the effect is then similar to a stub cut.) City of San Juan Capistrano Land Use Code 9-3-247 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards e Imo, Figure 3-9 Size Reduction (B) Pruning functions. Not all of the following procedures will apply to any one tree, and two (2) or more may be performed more or less simultaneously. In most cases,however,trimming done in the following general sequence will be more efficient and will help avoid unnecessary trimming. As a rule, not more than one-fourth ('/4`i of the total foliage mass should be removed at one trimming. Exceptions are: (1) extreme thinning of heavy crowns of brittle trees, such as lawn-groAm (irrigated)kaffirboom coral trees, and (2) severe thinning of crowns to prevent blow-down when root pruning is done. (i) Remove branches as needed and redirect new growth to clear pedestrian and vehicular traffic areas, buildings, outdoor lights, walls, and other objects, as well as trees and shrubs. Do not make stub cuts on branches four-inches or greater. Do not cut terminals back to very small lateralls. Retain a screen effect as much as possible. City of San Juan Capistrano Land Use Code 9-3-248 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (ii) Remove dead, broken, diseased, or markedly unthrifty branches. (iii) Remove crossing branches and those which will become crossing branches (such as suckers, water sprouts, and branches growing vigorously into the interior of the crown). (iv) Remove sharp-angled branches. Remove most branches arising at angles of less than thirty(30)degrees(Exceptions:eucalyptus and other species which fuse at branch bases). If a narrow-angled branch needs to be retained for the sake of form,it should be lightened and restricted in growth to reduce the danger of wind breakage. (v) Remove parallel branches. If two (2) branches within a foot or so of each other run parallel for several feet along their main stems, the less desirable one should be taken out. (vi) Trim for balance and form (a) To maintain the natural shape, if a tree grows in an unbalanced manner which is atypical and unattractive, or which poses a potential hazard (as may occur with aleppo pines, for example), remove such branches as may need to be eliminated to restore more typical form or to minimize the perceived hazard. (b) To alter the natural shape, for picturesque or formal effects (for example, espaliers, hedges, sheared specimens, or "Japanese garden"styles),trim in a manner and frequency appropriate to the intended effect. (vii) Trim to reduce wind resistance. (Note:the use of dry habitat trees,such as pinus radiata, eucalyptus species, and kaffirboom corral (erythrina caffra), in irrigated lawns often results in shallow-rooted specimens with excessively tall, heavily foliaged crowns. Such are susceptible to blow-down or limb breakage in high,winds. This usually necessitates annual thinning. It does not call fnr topping: beheading tall or dense trees ruins their form and vitality and intensifies wind hazards in subsequent years.) This type of thinning should be done by removing a large number of small branches rather than a few large branches.The end effect should maintain most of the original form, but with a lacy openness. City of San Juan Capistrano Land Use Code 9-3-249 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards (2) Exceptions The Planning Director or the Director of Public Works, subject to the approval of the City Manager, may approve trimming trees in a manner not typical of the natural form of the tree specie. Such approval shall be based upon a finding that the resulting shape is necessary for the public health and safety of the tree and the community or consistency with a project design. (3) Penalties and remedies The City Council hereby finds and declares that a violation of subsection (b) of this section is a public nuisance. (A) Abatement. In addition to any other civil remedy available, the City Council hereby establishes the following summary abatement procedure pursuant to state law: (i) Notices to abate nuisances.The Enforcement Officer,upon finding that any person has caused a violation of this subsection,and therefore a public nuisance, shall cause a notice to be given to the violator which shall order the violator to immediately cease and desist from further violations of this section. (B) Form of notices. The heading of the notice shall be "Notice to Abate Public ` Nuisance—Severe Tree Trimming."Such heading shall be capitalized and on a form containing the following provisions: Notice is hereby given by the City of San Juan Capistrano that you are violating Section 9-3.557 Tree Preservation of the City's Municipal Code by causing the severe trimming of a tree. Section 9-3.557 Tree Preservation is attached. You are hereby ordered to immediately cease and desist from severe trimming of the tree(s). This condition is a public nuisance and must be immediately abated. If this nuisance results in the destruction or ~ removal of the tree as determined by the Enforcement Officer,you are also hereby ordered to immediately replace said tree(s) with mature plantings of the same specie in the same location. If you do not do so within ten(10)days,the City will cause said replacement,and the costs of replacement,plus reasonable overhead costs, shall be assessed upon the land,and said costs shall constitute a lien upon the land until paid. If you have any objections to the proposed abatement order, you are hereby notified to attend a hearing;of the Planning Commission of the City of San Juan Capistrano to be held on , 20—,when City of San Juan Capistrano Land Use Code 9-3-250 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards evidence will be taken as to whether a nuisance exists, objections will be heard to the abatement order, and a final decision will be rendered. "Dated , 20 Enforcement Officer (C) Public hearings and determinations. Upon 'the conducting of a public hearing, based upon the testimony and evidence introduced at the hearing, the Planning Commission shall determine whether the circumstances recited by the Enforcement Officer constitute a public nuisance. Upon making a determination that there exists a public nuisance, the Planning Commission may order that the property owner immediately cease and desist from severe tree trimming and/or immediately order the City abatement of the nuisance, all such costs to be made a lien against the property upon which the trees are located. (D) Public hearings regarding actual costs. Follovring the City abatement of the public nuisance,the Enforcement Officer shall present to the Planning Commission, during a public hearing, the total costs incurred in the City abatement. The Planning Commission shall then adopt a resolution making a finding as to the reasonable costs incurred in the abatement. The costs of the abatement shall constitute a special assessment against the parcel upon which the trees are located. After the assessment is made and confirmed, it shall be a lien on the parcel.The County Auditor-Controller shall then enter such assessment on the County tax roll opposite the parcel of land in question. (c) Tree removal regulations The definitions, rules for compliance, identification of procedures, and other matters relating to the removal of trees on public and private property are set forth in Section 9- 2.349 Tree Removal Permit. (d) Definitions For the purposes of this section, the following definitions shall apply: (1) "Tree" shall mean any living woody perennial plant having a trunk diameter greater than six (6) inches, measured at a point three 13) feet above the ground. (2) "Severely trimmed" shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner City of San Juan Capistrano Land Use Code 9-3-251 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards which results in the removal of main lateral branches leaving the trunk of the tree in a stub appearance. (3) "Stand of trees" shall mean a cluster of trees existing of not less than four (4) trees. Section 9-3.559 Visibility at Intersections/Driveways (a) Intersection Visibility On a corner lot in any district, no fence,wall,hedge,or other barrier shall be erected,placed, planted,or allowed to grow so as(1)to materially impede vision above a height of three (3) feet the triangular area on the parkway side of the curb, at the intersection of streets,which is bounded by the curbs (or a line parallel to and six feet outside the traveled portion of the roadway if there is not curb) and a line connecting,the two points on the curb twenty- five (2 5) feet from the point of intersection of the curb tangents (see Figure 3-10),or(2) to be in conflict with the vehicular sight distance requirements of the current edition of the California Department of Transportation Highway Design Manual. (b) Driveway Visibility In any district, no fence, wall, hedge, or other barrier;shall be erected, placed, planted, or allowed to grow so as to materially impede vision above a height of three (3) feet the triangular area on the parkway side of the curb, located on both sides of a driveway entrance. The triangular area is bounded on one side by: (1) the curb along the street (or a line parallel to and six feet outside the traveled portion of the roadway if there is not curb) from the intersection of the street and driveway for a distance of ten (10) feet; (2) on a second side for ten (10) feet inward along the driveway edge from the intersection of the street and driveway; and (3) the third side, a line connecting the two (see Figure 3-10). City of San Juan Capistrano Land Use Code 9-3-252 November 15, 2002 Chapter 9.3 -Zoning Districts and Standards " 25 ft I 25 ft 4 ,., —25 _ _ - - - . — _ _ _ — Street Intersection �25 ft---� 25 ft--� I I II 10 ft�l loft loft " 25 ft � 25 ft g� Jj— .F ern Figure 3-10 Intersection/Driveway Visibility Requirements (public/private streets) City of San Juan Capistrano Land Use Code 9-3-253 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards CHAPTER 9-4. SUBDIVISION/IMPROVEMENT STANDARDS Article 1. Tentative Tract Maps and Tentative Parcel Maps 9-4.101. Required 9-4.103. Tentative Parcel Maps 9-4.105. Tentative Tract Maps 9-4.107. Soil Reports 9-4.109. Vesting Tentative Maps 9-4.111. Reversions to Acreage 9-4.113 Lot Line Adjustments 9-4.115 Mergers Article 2. Final Maps and Parcel Maps 9-4.201. General Requirements Article 3. Design Standards and Requirements 9-4.301 Applicability of Provisions 9-4.303 Conformity with the General Plan 9-4.305. Bicycle and Equestrian Trails 9-4.307. Conformity of Boundaries with Surrounding Property 9-4.309. Drainage 9-4.311. Driveways 9-4.313. Graded Slopes 9-4.315. Irregular and Cul-de-Sac Lots 9-4.317. Monumentation 9-4.319 Parkland 9-4.321. Pedestrian Ways, Bridges, and Tunnels 9-4.323. Sanitary Sewer 9-4.325. Street Lights and Traffic Signals 9-4.327. Streets, Highways, and Alleys - 9-4.329. Utility Undergrounding 9-4.331. Water Facilities 9-4.333. Waiver of Provisions City of San Juan Capistrano Land Use Code 9-4-1 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards Article 4. Improvement Plans 9-4.401 Preparation - Information Required 9-4.403 Approval 9-4.405 Fees and Bonds City of San Juan Capistrano Land Use Code 9-4-2 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards ARTICLE 1 . TENTATIVE TRACT MAPS AND TENTATIVE PARCEL MAPS Sec. 9-4.101 Required A tentative tract map or tentative parcel map shall be required for all subdivisions in the City.A tentative tract map shall not be required for a subdivision creating less than five (5)lots;however, a tentative parcel map shall be required in such cases. - Sec. 9-4.103 Tentative Parcel Maps When a parcel map is required by Chapters 1 through 3 of this title or by this chapter,a tentative parcel map shall first be filed with, and accepted by, the Planning Director. Such map shall meet all the requirements for tentative tract maps provided by the Subdivision Map Act of the State and by the provisions of this Land Use Code. Sec. 9-4.105 Tentative Tract Maps (a) A tentative tract map shall be required for all subdivisions creating five (5) or more parcels,five (5) or more condominiums, or a community apartment project containing five (5) or more parcels. Tentative tract maps shall be submitted and processed in accordance with the provisions of Section 9-2.345 Subdivision Approval. A current title report and ALTA (American Land Title Association) survey for the property to be subdivided shall be submitted with the tentative tract map. The design, review, and processing of tentative tract maps shall be in accordance with the Subdivision Map Act of the State and the provisions of this Land Use Code. (b) Tentative tract maps shall include, but not be limited tc,, the information that is set forth in public brochures approved by the Planning Director and Director of Engineering and Building Services,which includes the following: (1) The tract number; (2) The legal description of the tract boundaries; - (3) The names,addresses,and telephone numbers of the record owner,developer,and registered civil engineer or licensed land surveyor preparing the map; (4) The North arrow, the map scale, the total area of the property, and the date; City of San Juan Capistrano Land Use Code 9-4-3 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (5) The width and approximate locations of all easements, both existing and proposed, within or contiguous to the property; (6) The street names of all existing highways and streets within or contiguous to the property to be subdivided; ^4 (7) The locations,widths,and approximate grades of all proposed and existing highways, streets,alleys,pedestrian ways, equestrian trails, and bicycle trails within or contiguous to the property-, (8) The approximate radius of curvature of all proposed and existing center line curves of the streets, highways, and alleys; (9) The lettered names of all proposed streets and highways; (10) The lot layout and approximate dimensions of each lot. A lot number shall be assigned to each lot; (11) The location of all areas subject to inundation orflood hazard from a 100-year storm; (12) The location of all areas considered to be high risk due to seismic activity; -- (13) The location of all existing structures within the tract (noted if to be removed) or within 100 feet of the boundaries of the tract-, ` (14) The location of the existing wells and cesspools within the tract (noted if to be removed) or within 100 feet of the boundaries of the tract; (15) The approximate location and size of the proposed public utilities; (16) The invert elevations of existing sewers and storm drain facilities at the proposed points of connection; — (17) The contour lines of the existing terrain within the tract and 100 feet beyond all exterior property lines; (18) The proposed grading operations; (19) The boundary conditions,as set forth in Section 9-4.307 Conformity of Boundaries with Surrounding Properties, of the proposed construction, including a distance of 100 feet beyond the subject property limits; (20) The location of all park and/or school sites to be dedicated or reserved for the public; - City of San Juan Capistrano Land Use Code _ 9-4-4 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (2 1) A general location map; (22) All existing major trees, landmarks, and utilities.; and (2 3) The additional data or information required by the City. (c) The entire subdivision shall be indicated on one sheet at a scale of 100 feet to the inch. Sec. 9-4.107 Soil Reports (a) Required A soil report,prepared by a civil engineer registered in the State and certified engineering geologist, based upon adequate test borings, shall be submitted to the Gy Engineer when a tentative tract map or tentative parcel map is submitted. Said reports shall satisfy the provisions for preparation of soils reports as approved by the Director of Engineering and Building Services. (b) Waivers A preliminary soil report may be waived by the City Engineer provided he or she finds that, due to the knowledge the City has of the qualities of the soils on the subject property, no preliminary analysis is necessary. (c) Soil investigations If the City has knowledge of, or the preliminary soil report indicates, the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required by the City Engineer. Such investigations shall be performed by a civil engineer, registered in the State and certified engineering geologist,who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soil problem exists. The City may approve the subdivision, or portion thereof,where such soil problems exist if the City determines that the recommended action is likely to prevent structural damage to each structure to be constructed.The City may require,as a condition of the issuance of any building permit, that the approved corrective action be incorporated in the construction of each structure. City of San Juan Capistrano Land Use Code 9-4-5 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards Sec. 9-4.109 Vesting Tentative Maps (a) Purpose and basis for vesting tentative maps Pursuant to the requirements of Government Code Section 6642 8 (Subdivision Map Act), whenever there is required to be filed the filing of a tentative tract map or tentative parcel map for any subdivision of land, a vesting tentative map may instead be filed in accordance with the provisions of this section. The effect of the vesting tentative map shall be to secure certain rights to the development of any subdivision of land for which a development is proposed upon the filing and approval of a vesting tentative map. (b) Filing and processing The vesting tentative map shall be filed in the same form, and have the same contents, accompanying data, and reports, and shall be processed in the same manner as set forth in Section 9-2.345 Subdivision Approval for a tentative map, except that at the time a -- vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map." (c) Expiration The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period and shall be subject to the same,extensions as set forth in Section 9- 2.345 Subdivision Approval for the expiration of the: approval of conditional approval or a tentative map. (d) Vesting on approval of vesting tentative maps (1) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the General Plan of the City and the subdivision and zoning regulations in effect at the time the Department of Planning Services has determined that the tentative map application is complete. (2) Notwithstanding the vesting tentative map rights as set forth in this subsection, the approval,extension,or entitlement may be made conditional or denied if any of the following is determined: (A) That a failure to do so would place the residents of the subdivision or the immediate community,or both, in a condition dangerous to their health and safety, or both; or City of San Juan Capistrano Land Use Code _ 9-4-6 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (B) That the condition or denial is required in order to comply with State or Federal law. (C) The rights referred to in this subsection shall expire if a final map is not approved prior to the expiration of the vesting tentative map as set forth in subsection (c) of this section. (D) An approved or conditionally approved vesting tentative map shall not limit the Ci y from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the General Plan of the Ciy and subdivision and zoning regulations in effect at the time the vesting tentative map is approved or conditionally approved. (e) Duration of vesting rights If the final map is approved,the vesting rights set forth in subsection (1) of subsection (d) or this section shall last for the following periods of time: (1) A period of one (1)year.Where several final maps are recorded on various phases of the project covered by a single vesting tentative map, the one (1) year period shall begin for each phase when the final map for such phase is recorded. (2) Such one (1) year period shall automatically be extended for any time used for processing a completed application for a grading permit or for design or architectural review after tentative map approval, and such processing exceeds thirty (30) days; (3) A subdivider may apply for a one (1) year extension at any time before the one (1) year period set forth in subsection (1) or this subsection expires. The Planning Commission shall make a determination on the request for the extension,and if the determination is to recommend denial, such determination shall be treated as appealable to the City Council within fifteen (1 5) days pursuant to Section 9-2.311 Appeals.The Planning Commission shall make explicit findings establishing its basis for denial; and (4) If the subdivider submits a complete application for a building permit during the periods of time specified in this subsection,the rights referred to shall continue until the expiration of such permit or any extension of such permit. City of San Juan Capistrano Land Use Code 9-4-7 November IS, 2002 Chapter 9.4 -Subdivision/Improvement Standards Sec. 9-4.111 Reversions to Acreage (a) General requirements All reversions to acreage shall require a tentative parcel reap and parcel map and shall conform to all of the provisions of the Subdivision Map Act of the State and Section 9-2.329 Lot Line Adjustments and Reversions to Acreage. (b) Procedures All reversions to acreage shall be reviewed by the City Council at a public hearing pursuant to Section 9-2.335 Public Hearing Procedures. Upon approval by the City Council, the tentative parcel map shall be approved by the City Engineer.The City Engineer shall review and approve the parcel map for recordation with the County Recorder when all of the following conditions are met: -- (1) The parcel map shall be in substantial conformance with the tentative parcel map. (2) The reversion to acreage shall be in conformance with all of the provisions of the Subdivision Map Act of the State. (3) All easements or public rights-of-way shall have been quitclaimed or recorded with the County Recorder. All dedications shall have been made in accordance with the conditions of the approval of the tentative map. (4) All other conditions of approval of the tentative map shall have been met. (5) All fees set forth in Section 9-5.101 Fees, Deposits,and Bonds shall have been paid. Sec. 9-4.113 Lot Line Adjustments All lot line adjustment between two (2) or more existing adjacent parcels,where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally — existing is not thereby created, shall be reviewed pursuant to Section 9-2.329 Lot Line Adjustments and Reversions to Acreage. City of San Juan Capistrano Land Use Code 9-4-8 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards Sec. 9-4.115 Mergers Two (2) contiguous parcels under common ownership may be merged by the recording of a certificate of merger upon approval of the City Engineer,provided the City Engineer determines that there are no dedications or offers of dedication required to be abandoned as a result of the merger, that no additional dedications will be required as a result of the merger, that there are no fees, deposits, or improvement security that would be required to be returned as a result of the merger, and that the merger is otherwise consistent with the purposes of this chapter and the General Plan. City of San Juan Capistrano Land Use Code 9-4-9 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards ARTICLE 2. FINAL NVIAPS AND PARCEL MAPS Sec. 9-4.201 General Requirements Afinal map shall be submitted for all subdivisions requiring a tentative tract map,and a parcel map shall be submitted for all subdivisions requiring a tentative parcel map. Such maps shall be prepared by a registered civil engineer or licensed land surveyor in accordance with the Subdivision Map Act of the State. All lot sizes, locations, right-of-way widths, and easement widths shall be in conformance with the General Plan and Chapters 1 through 5 of this title.All easements traversing property being subdivided shall be indicated on the parcel map or on the final map.The recording, document purpose of the easement, and persons or agencies to which the easement is granted shall be indicated on the final map. Final maps shall be in substantial compliance with the approved tentative tract map or tentative parcel map for the property being subdivided.Thefinal map and parcel map shall be reviewed and approved by the City Engineer and City Council. The calculations for all boundaries and evidence of the boundary closures shall be submitted to the County Recorder. — A duplicate Mylar and disk in a digital format and seven (7) prints of the final map or parcel map shall be submitted to the City. Parcel maps shall be based upon field survey data. City of San Juan Capistrano Land Use Code 9-4-10 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards ARTICLE 3. DESIGN STANDARDS AND REQUIREMENTS Sec. 9-4.301 Applicability of Provisions (a) Subdivisions The design standards set forth in this article shall be used in the design of subdivisions. The specific design criteria set forth in this article shall be used as the basis for design, and specific design parameters shall not be exceeded during design. Where referenced, design shall be based upon,and in conformance with,certain publications.Conformance with the design standards of the City shall not alone satisfy the requirements for the approval of plans. In addition,design shall be in conformance with standard engineering practices.All street improvement plans, including plans for water,sanitary sewers, and storm drains, shall be prepared and signed by a civil engineer registered in the State.All final maps and parcel maps shall be prepared and signed by a civil engineer registered in the State or a land surveyor _ licensed in the State.All building and on-site improvement plans shall be prepared and signed by a civil engineer,structural engineer,or architect registered in the State.Where provided for by law, buildings may be designed by building designers licensed in the State. All landscaping plans shall be prepared and signed by a landscape architect registered in the State. (b) Other development projects The provisions set forth in subsection (a) of this section shall apply to all other development projects within the City for which a subdivision is not requested nor required.Where a project is of such an unusual nature that design standards and parameters have not been set forth - in this chapter, the City Engineer shall establish such standards and parameters consistent with standard engineering practices. Sec. 9-4.303 Conformity with the General Plan All improvement plans,building plans, subdivision plans, tentative tract maps,parcel maps,final maps, and construction shall conform to the General Plan. No plan shall be approved which is not in conformance with the General Plan. Occupancy permits shall not be issued for structures not in conformance with the General Plan, and public improvements shall not be accepted for the dedication if they are not in conformance with the General Plan. _ City of San Juan Capistrano Land Use Code 9-4-11 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards Sec. 9-4.305 Bicycle and Equestrian Trails (a) Design standards (1) Bicycle and equestrian facilities identified in the General Plan shall be constructed and dedicated to the City by the developer as public use easements. (2) All lots within subdivisions where the keeping of horses is permitted shall be provided access to equestrian public use easements whenever possible. (3) Bicycle trails shall only be required for subdivisions containing 200 or more parcels and shall be constructed of asphalt concrete or pordand cement concrete.The minimum section for asphalt concrete bicycle trails shall be seventeen hundredths (0.17) feet of asphalt concrete over thirty-three hundredths (0.33) feet of aggregate base or thirty-three hundredths (0.33) feet of asphalt concrete over native soil. The minimum section for pordand cement concrete bicycle trails shall be thirty-three hundredths (0.33) feet over native soil. Pavement and aggregate base shall be per the recommendations of a soils engineer and approved by the City Engineer. (4) Bicycle lanes shall be lanes within improved roadways for the use of bicycles only. Vehicle parking in such areas shall be prohibited. Such lanes shall be clearly marked with signs and pavement striping as required by the City Engineer. (5) Equestrian trails shall be designed in accordance with the adopted Equestrian/Hiking Trails Design Manual. (6) The general widths and grades of the various trails are prescribed in Table 4-1 as set forth in this subsection. Table 4-1 Standards for Bicycle and Equestrian Trails Facility Minimum .Maximum Grade Easement Width Bic�y}'cle Trails 10 feet 6% (off-road)* Bicycle Lanes 8 feet Match road grade (in public roadways) HikinglEquestrian Trails 20 feet 8% if natural surface and (General Plan)** 5%where trail crosses paving or is treated Hiking/Equestrian Trails 10 feet 8% if natural surface and (feeder)** 5%where trail crosses paving or is treated * May be reduced to 8 feet if restricted to travel in one direction. ** Over 8%,switchbacks may be used. This may result in trails voider than noted. City of San Juan Capistrano Land Use Code 9-4-12 November 15, 2002 Chapter!l.4 -Subdivision/Improvement Standards (b) Routing The routing of trails shall provide a safe area for hiking, bicycle traffic, and equestrian traffic. Wherever possible, such means of travel shall be separated from vehicular and normal pedestrian traffic. Conflicts between various modes of travel shall be kept to a minimum. Such conflicts shall be accepted by the Cit>>only when alternative paths or trails are not available. For the purposes of this subsection, "conflicts" shall mean those areas where different modes of travel cross.The combined use of bicycle trails and equestrian trails shall not be approved unless significant environmental impacts would result from an alternate design. Hiking/equestrian and bicycle trails that cross arterial streets shall be at signalized or traffic controlled intersections. (c) Improvements and dedications Bikeways and equestrian hiking trails shall be constructed as set forth in subsection (a) of this section.All bike trails,General Plan,and feeder equestrian/hiking trails shall be dedicated to the City. Dedicated facilities shall conform to the following requirements: (1) Where bicycle, hiking, and equestrian trails have been prescribed by the General Plan, and where such routes are within property to be developed,or contiguous thereto,the -- developer shall construct and dedicate such facilities as public use easements. (2) The developer shall construct feeder, bicycle, and equestrian trails to the master planned facilities from developments generating bicycle,hiking,or equestrian traffic as determined by adopted City Council Policy. (3) Trails within developments may be constructed and dedicated as public use easements to the City as required by the nature of the development and as determined by the - City Council. (4) All trails to be dedicated to the City,and located outside of public rights-of-way, shall be fully contained within easements granted to the City for access,maintenance,and the intended use.The widths of such easements shall conform to the width of the path or trail prescribed in this section. Table 4-1 specifies the minimum widths required. Improvement plans shall not be approved until such easements have been recorded with the County Recorder. (5) The following provisions will be required of all subdivisions developed with General Plan or feeder equestrian/hiking trails: (A) The developer shall design, improve, and dedicate to the City all General Plan equestrian/hiking trail alignments within the subdivision. City of San Juan Capistrano Land Use Code 9-4-13 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards ($) The developer shall improve and convey all feeder equestrian/hiking trails to the homeowner association as a public use easement for all lots within the — subdivision.The homeowner association shall irrevocably dedicate such easements to the City and shall execute and record, in the Office of the County Recorder of the County of Orange, an agreement binding the association, its successors and assigns to keep and maintain such trails to the City standards.The following provisions shall be included within the CC&R for the subdivision: (i) Provision for maintenance of all equestrian/hiking feeder trails by the homeowner association. If the developer and City agree that a General — Plan trail should be maintained by the homeowner association, provisions (ii), (iii) and (iv),folloajng, shall also apply to said General Plan trail; — (ii) Provision requiring City approval of any amendment to the CC&R that _ will, in any manner, affect the integrity of the feeder trail design standards, the feeder trail system, or its level of maintenance; (iii) Provision requiring that all trail maintenance conform to the "Maintenance Standards" as per the City's adopted Equestrian/Hiking Trail Design Manual; -- (iv) Provision within the CC&R that &es the City the right to assume maintenance of the equestrian/hWng feeder trails if the City determines that the homeowner association has not maintained the equestrian trails at the minimum standards per the adopted Equestrian/Hiking Trail Design Manual. Furthermore, if the City assumes maintenance of the trail system, all costs, including administration, shall become a lien on each property or residential lot within the subdivision. (C) The developer of any subdivision having no homeowner association shall be responsible for construction and maintenance of the feeder trails until the individual property is transferred to the individual owners.The developer shall record deed restrictions on each lot such that the individual property owner shall be responsible for maintenance of that portion of the equestrian trail easement traversing the lot.The restrictions shall include a clause that"...if the individual property owner does not maintain the trail per the minimum standards of the adopted Equestrian/Hiking Trail Design Manual,the City has the right to assume maintenance of the trail system; all costs, including administration,shall become a lien on the property."Furthermore,reciprocal — easements shall be granted to each and every lot owner for use of said equestrian trail easement(s). City of San Juan Capistrano Land Use Code 9-4-14 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (D) All trails shall be designed and improved in accordance with the adopted Equestrian/Hiking Trail Design Manual. The design and improvements are to be included as a part of the grading plan which is to be reviewed and approved by the City prior to the recordation of a final:map.All trail improvements are to be installed and certified by the City as to conformance with approved plans prior to release of any use and occupancy permit. (E) Private bikeways and equestrian trails. Private bikeways and equestrian trails may be permitted if outside the public right-of-way. Such facilities shall conform to all of the following criteria: (i) The facility shall not be prescribed by the General Plan. (ii) The facility shall be constructed in accordance with the requirements of this section.Width reductions for equestrian trails may be approved by the City Engineer, but no equestrian trail shall be less than ten (10) feet wide. Width reductions for bikeways shall not be permitted. (iii) The facility shall not create an undue risk to the public safety. " (iv) The facility shall not be in conflict with adjacent properties. (v) Proof of the intention and ability to maintain the facility shall be provided the City Engineer in the form of legal documents fixing such responsibility. Sec. 9-4.307 Conformity of Boundaries with Surrounding Property Developers of properties are responsible for insuring that a project's boundaries blend with surrounding properties. Phased projects shall not leave boundaries in an unfinished manner in anticipation of the resumption of work in future phases. The condition of boundaries shall be clearly indicated on tentative maps, grading plans, and improvement plans and shall meet the requirements of the City. Such requirements shall include, but not be limited to, the following: (a) Slopes shall be landscaped and maintained until the assumption of responsibility by the property owners; (b) Dead-end streets shall be barricaded; (c) Drainage facilities shall be installed to prevent erosion; (d) Construction materials shall not be stockpiled adjacent to boundaries; City of San Juan Capistrano Land Use Code 9-4-15 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (e) A general cleanup in the area of the boundary shall be conducted to remove refuse and waste materials; — (f) Soil, sand, and aggregate shall not be stockpiled near a boundary; (g) Streets shall be swept and cleaned by the developer where construction work has necessitated such efforts; (h) Fencing may be required to prevent easy access to areas which are considered dangerous to the general public; (i) The developer shall be required to deposit funds or post bonds to insure the completion of the work adjacent to a project's boundaries; "- (j) Individual lot property lines shall be at the top of slopes; and (k) The tentative tract map, tentative parcel map, or site plan ;shall indicate the effect a project has upon the view from all adjacent properties. Adverse effects may be grounds for the denial - of a project. Such effects shall be indicated in a manner acceptable to the City but at least shall consist of the necessary cross sections. Sec. 9-4.309 Drainage (a) Design standards Drainage facilities shall be designed using flows derived from the rational method.The exact determination of the design flows for local facilities shall be based upon a 25-year storm and computed in accordance with the Orange County Hydrology Manual, as last revised, " of the Orange County Flood Control District. All facilities shall also conform to the current Master Plan of Drainage for the San Juan Capistrano - Capistrano Beach Area. In addition,the drainage system design shall be in compl:lance with the most recently adopted NPDES (National Pollution Discharge Elimination Standards) by the City and San Diego Regional Water Control Board. All materials and methods of construction shall conform to the Standard Specifications and the Standard Plans of Orange County,as last revised.The minimum internal diameter for _. drainage pipes to be dedicated to the City shall be eighteen (18) inches. City of San Juan Capistrano Land Use Code 9-4-16 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (b) General requirements The following requirements shall apply: (1) Developers shall pay all acreage drainage fees in accordance with the Master Plan for Drainage for the San Juan Capistrano-Capistrano Beach Area and applicable City fee schedules. (2) Developers shall prepare the necessary improvement plans and construct all the - necessary drainage facilities to the satisfaction of the Ciy Engineer. For the purposes of this subsection, "necessary drainage facilities" shall mean all channels (open or closed), catch basins, manholes, junction structures, desilting basins, energy dissipators, and the appurtenant equipment and structures necessary to remove surface water from the land to be developed. (3) For the purposes of this subsection, "surface water removal" shall mean the interception of all surface water which has historically arrived onto the property and discharging such water from the property. The water discharged shall be delivered to adjacent properties in a manner consistent vith NPDES and to the satisfaction of the Ciy Engineer. Developers shall bear the total responsibility for such interception and discharge of surface waters. (4) Developers shall be responsible for the acceptance and discharge of surface waters during construction.Interim drainage facilities may be required by the Ciy Engineer, subject to compliance with the most recently adopted provisions for NPDES. (c) Reimbursement agreements All facilities indicated within the Master Plan of Drainage for the San Juan Capistrano - Capistrano Beach Area,and within the property to be developed or contiguous thereto,shall be constructed by the developers at their expense. Those costs for the construction of facilities within said Master Plan which are in excess of the funds deposited for the acreage drainage fees may be reimbursed to the developer by means of a reimbursement agreement. If the Ciy enters into such an agreement, a public hearing shall be held to determine the funds required and the area of benefit from the drainage facilities.A copy of the standard City reimbursement agreement is on file and available at the City offices. (d) Dedications - Drainage facilities constructed within public rights--of-way shall be dedicated to the Gy. Drainage facilities outside of public rights-of-way may be required to be dedicated to the Ciy.All closed drainage facilities outside public rights-of-way joining Ciy drainage facilities shall be dedicated to the Ci y. Open channels collecting local surface drainage shall not be City of San Juan Capistrano Land Use Code 9-4-17 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards dedicated to or maintained by the Ciy, except in unusual cases as determined by the Ciy Engineer. All facilities to be dedicated to the Ciy outside public rights-of-way shall be — constructed within exclusive easements granted to the City for access and maintenance purposes. Vehicular access within such easements shall be provided by the developer as approved by the City Engineer. No boundary of any such easement shall be less than ten (10) feet from the center line of the drainage facilities to be dedicated to the City. In addition, such easements shall be configured in such a manner that maintenance can be conducted without encroaching upon private property.All such easements shall be recorded with the County Recorder prior to the approval of the improvement plans. Sec. 9-4.311 Driveways (a) Location and width (1) All driveways. The total width of the driveway shall not exceed sixty(60) percent of the property frontage, and the frontage length, minus the driveway, shall not be less than twenty (20) feet. Such percentages and frontage requirements shall not apply in the case of panhandle or irregularly-shaped lots. Such lots shall maintain the minimum driveway width requirement, plus a minimum of two (2) feet of full- height curb between the driveway and propery line on both sides. Driveways shall be designed consistently with the City standard plans. (2) Residential driveways. Residential driveways shall be constructed between twelve (12) feet and twenty-eight (2 8) feet in width. For the purposes of this subsection, "width" shall mean the flat portion of the driveway and shall not include the grade transitioning to a full-height curb at the depressed approach. A minimum distance , of twenty-four(24)feet of full-height curb shall be maintained between driveways on the same property,and two (2) feet of full-height curb shall be maintained between the propery line and a driveway,except where coramon driveways serving two contiguous parcels. There shall be at least ten (10) feet of full-height curb between a curb return and a driveway. (3) Commercial and industrial. Commercial and industrial driveways shall be constructed between fourteen (14) feet and thirty-five (35) feet in width. A minimum curb return radius of six(6) feet shall be provided. A minimum distance of 110 feet away from the centerline of any other driveway as measured along the ultimate right-of--way lines of an abutting street shall be provided. The centerline of a — driveway shall be a minimum of 200 feet from the centerline of any other street opening. City of San Juan Capistrano Land Use Code 9-4-18 November 15, 2002 Chapter'9.4 -Subdivision/Improvement Standards (b) Materials Driveways within public rights-of-way shall be concrete. The only exception shall be in the Agri-Business(A),Residential/Agriculture(RA), Hillside Residential(HR),Single-Family- 40,000(RSE-40,000),and Single-Family-20,000(RSE-20,000)Districts where equestrian trails are located in the rights-of-way and where local rural streets are permitted. On-site driveways shall be constructed of asphalt, concrete, or a non-erodible material approved by the City Engineer. Residential driveways in the ;Single-Family-10,000 (RS-10,000), Single-Family-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), Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP), and Planned Community (PC) Districts shall be constructed entirely of concrete, except at hiking/equestrian trail crossings. Sec. 9-4.313 Graded Slopes (a) General requirements (1) The requirements of this section are in addition to the requirements of Chapter 2 of Title 8 of this Municipal Code and Section 9-2.323 Grading Plan Review. (2) Cut or fill slopes shall be no steeper than a ratio of 2:1 or two (2) feet horizontal to one (1) foot vertical. All grading plans having slopes of a vertical height equal to or greater than five (5) feet and/or involving the movement of 5,000 or more cubic yards of soils shall be prepared by a civil engineer registered in the State. Where vertical heights are ten (10) feet or greater the grading plans shall be accompanied by a landscaping plan, including an automatic irrigation system. Such landscaping plans shall be prepared by a landscape architect registered in the State.All plans shall be submitted to the City for review and approval. A geotechnical report, which contains a soils condition analysis and subsurface geological analysis shall be prepared in accordance with City guidelines and most recently adopted State of California seismic hazards maps. (3) Grading within the Hillside Residential (HR) District shall be consistent with the hillside grading requirements included in subsection (C)(2) of Section 9-3.301 _. Residential Districts. (b) Terraces and vertical curves (1) Terraces. All slopes thirty (30) feet or more in vertical height shall be terraced at their mid-height.The vertical distance between terraces shall not exceed thirty(30) feet. The terraces shall have a minimum width of six (b) feet, but shall not exceed City of San Juan Capistrano Land Use Code 9-4-19 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards twenty(2 0) feet in width. Terraces shall be sloped from the top of the lower slope to the toe of the upper slope at a grade of ten (10) percent. Drainage channels shall be — placed on the terrace a distance of one (1) foot from the toe of the upper slope. The terrace shall change grade at least once every, 200 horizontal feet to provide an undulating and natural appearance, but the average lateral grade shall be at least six (6)percent.The channel shall be so dimensioned as required by hydraulic design but shall not exceed six(6)feet in width and three (3) feet in depth.No drainage facility -- shall carry surface water tributary from an area exceeding 13,500 square feet (projected). Open downdrains may be positioned perpendicular to a slope and constructed of a material having a natural appearance,including earthtoned concrete. Such slope requirements are illustrated in Figure 4-1. f C— a � 1'MIN. horiz. d c vert. _ c 10% horiz. H g vert. b/2 b/2 �J — b �e b/2 b/2 b a = 6'MINIMUM b = 0.50 H, 10'MINIMUM,30'MAXIMUM,AND 28'MAXIMUM AT TERRACE - NOTES: a =TERRACE WIDTH b = "X"FT.VERTICLE CURVE c = POINT OF INTERSECTION OF SLOPE TANGENTS d= SLOPE 2:1 OR FLATTER e= DRAINAGE CHANNEL f=TOP OF SLOPE g=TOE OF SLOPE Figure not to scale Figure 4-1 Typical Slope Section City of San Juan Capistrano Land Use Code — 9-4-20 November 15, 2002 Chapter').4 -Subdivision/Improvement Standards (2) Vertical curves. All slopes ten (10) feet or more in height shall have vertical curves placed at the top of the lower slope at the terraces.There shall be no vertical curve at the toe of the upper slope at the terraces. The length of all such vertical curves shall equal one-half('/z)the total vertical height of the slope but shall not be less than ten (10) feet nor more than thirty (30) feet. Vertical curves at the terraces shall not exceed twenty-eight (2 8) feet in length. For the purposes of this section, "toe of the slope" shall mean the beginning vertical curve;point at the bottom of the slope. For the purposes of this section,"top of the slope"shall mean the end vertical point at the top of the slope. For the purposes of this section, "width of a terrace"shall mean the distance between the toe of the upper slope and the vertical point of the intersection of the tangents of the lower slope and the terrace. Such slope requirements are illustrated in Figure 4-1. (3) Exceptions. Slopes having a horizontal to vertical ratio equal to or greater than five (5) to one (1) shall not require terraces or vertical curves. (c) Cut slopes and fill slopes combined prohibited Cut slopes and fill slopes combined shall not be permitted. In slope areas that would have combination cut/fill slopes, all cut slopes shall be overexcavated and replaced with a fill slope design in accordance with the engineering geologist and approved by the City Engineer. (d) Design standards for setbacks The toes and tops of cut and fill slopes shall be set back from the property lines. For the purposes of this section, "toes and tops of the slopes"requiring vertical curves as set forth in this section shall mean the end curve point of the vertical curve. Retaining walls may be used on cut and fill slopes when designed by a registered structural or civil engineer. The faces of retaining walls shall be considered the toes of the slopes for setback purposes. (e) General design standards (1) The overall shape, height, and grade of any cut or fill slope shall be developed in concert with the existing contours and scale of the natural terrain of a particular site. (2) Where two (2) cut or fill slopes intersect, the ends of each shall be horizontally rounded and blended with a minimum radius of twenty-five (25) feet. (3) Where any cut or fill slope meets the natural�Tade, the ends of each slope shall be vertically and/or horizontally rounded and blended with the natural contours so as to present a natural slope appearance. City of San Juan Capistrano Land Use Code 9-4-21 November IS, 2002 Chapter 9.4 -Subdivision/Improvement Standards (4) Where any cut or fill slope exceeds 100 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous undulating fashion with radii no greater than 300 feet. (5) All street sections within twenty (20) feet or less from the toe of a slope ten (10) feet in height or more,shall be shown and marked on the plan. These sections shall be protected from underground seepage by cut-off subdrain barriers in accordance with adopted City standards. (6) Detailed landscaping plans shall be implemented for all cut or fill slopes in excess of three (3) feet in height. (7) Detailed landscaping and irrigation plans shall be implemented for all slopes in — excess of ten (10) feet in height. (8) The planting and irrigation of all slopes in excess of fifteen (15) feet in height shall be commenced in accordance with the approved plans immediately upon the completion of the rough grading operations. (9) The planting and irrigation of all slopes less than fifteen (15) feet in height shall be commenced in accordance with the approved plans immediately upon the -. completion of the finish grading operations. (10) All planting and the irrigation of slopes shall be completed and approved by the City -- prior to the issuance of occupancy permits. (11) The applicant and/or developer shall be responsible for the maintenance and upkeep of all slope plantings and irrigation systems until such time as the in&vidual properties and dwellings are occupied or until a homeowner association accepts the responsibility to maintain the landscaping in common areas. Sec. 9-4.315 Irregular and Cul-de-Sac Lots The provisions of this section establish the procedures for the determination of lot size and setback requirements for unusually-shaped and cul-de-saclots.The actual minimumlot areas and setbacks are described in Chapter 3 Zoning Districts and Standards of this title. (a) Irregularly-shaped lots Setback distances shall be determined by establishin,,D,a setback area equal in width to the setback requirements of Chapter 3 Zoning Districts and Standards of this title.Such setback area shall not be encroached upon by any nonpermitted structure,as set forth in Chapter 3 City of San Juan Capistrano Land Use Code 9-4-22 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards Zoning Districts and Standards of this title. The setback area shall be determined as follows: (1) Figure 4-2 illustrates the method of setback requirements. Rear Property Line Rear Setback Area Rear Setback Line Side Property Line Side.Setback Area / 1 Permissible Side Setback Line / Building Area �—Side Setback.Area / p Side Property Line / Front Setback Line —————"• �Side Setback Line � ! Front Setback Area Front Property Line ! i ! Acc<ss and Ingress Portion of Lot _.._....._.._.._.. _....._.._.._. NOTE! BUILDING ENCROACHMENT NOT PERMITTED IN SETBACK AREA Figure 4-2 Irregular Lot Setbacks (2) The front setback area shall be determined by the front property line,and the setback line shall be located within the property at the prescribed setback distance and parallel to the front property line. City of San Juan Capistrano Land Use Code 9-4-23 November I S, 2002 Chapter 9.4- Subdivision/Improvement Standards (3) The rear setback area shall be determined by the rear property line, and the setback line shall be located within the property at the prescribed setback distance and parallel to the rear property line. (4) The side setback areas shall be determined by the side property lines,and the setback lines shall be located within the property at the prescribed setback distance and parallel to the side property line. (5) At corners where the side setback areas intersect with the front or rear setback areas, the point of intersection of the setback lines shall describe the limits of the setback area. - (6) Long and narrow portions of irregularly-shaped lots used for access to the main portion of the lot shall not be considered in establishing setback areas, nor shall they - be credited for meeting the total area requirement of a lot. The minimum width of the driveway shall be either that required by Orange County Fire Authority or this title,which ever is greater. (7) Where the front property line is not readily :apparent, it shall be determined as _ follows: (A) Lots set back from the public right-of-way with long narrow portions for access shall have that line,or series of lines,joining such a portion established as the front property line. (B) On through lots,the front property line shall be that property line through which access to the property is gained. (C) For corner lots and in cases where the front lot line is not clearly identifiable under subsection (A) or (B) of this subsection, the Planning Director shall determine the front lot line. The Planning Director shall use the following criteria in making such determinations: (i) The orientation of the existing buildings on adjacent lots; (ii) With corner lots, the possible different classification and function of the two (2) intersecting streets,for exarnple,if one street is local and the other is arterial,the access and front lot line should normally be on the local street; (iii) The topography and orientation of the buildable portion of the lot; and (iv) The practice, in the design of subdivisions,of orienting most corner lots so that the shortest exterior property line is the front property line City of San Juan Capistrano Land Use Code 9-4-24 November 15, 2002 Chapter SIA -Subdivision/Improvement Standards (8) Where the rear property line is not readily apparent, it shall be interpreted as that - propery line, or series of lines, most closely parallel to the front property line. (9) Where the side property lines are not readily apparent, they shall be interpreted as the two (2)propery lines, or series of lines,joining the front and rear propernr lines. (10) The Planning Director shall interpret the designat=ion of property lines where a clear and obvious interpretation is not possible. (b) Cul-de-sac lots (1) Frontyard setbacks. The front yard setback for cul-de-sac lots shall be determined -- in the same manner as for other lots, that is, the required minimum horizontal distance between the building line and the ultimate street right-of-way line. (2) Minimum street frontage.The front chord length of the central angle describing the front property line shall not be less than sixty-seven (67) percent of the minimum street frontage as described in Article 3 Base District Regulations/Standards of Chapter 3 of this title. The side yard and rear hard setbacks shall be determined as set forth in subsection (a) of this section. The area of the lot shall be based upon the total area encompassed by the propery lines, regardless of the property shape. The setback requirements for cul-de-sac lots are illustrated in Figure 4-3. City of San Juan Capistrano Land Use Code 9-4-25 November IS, 2002 Chapter 9.4 -Subdivision/Improvement Standards 1 :1 �1 Structure j :1 �1 I 1 Front Setback � ) Chord line(min.670/6 of lot width) 1 Central angle of arc describing 1 / front property line Figure 4-3 Cul-de-Sac Lot Setbacks Sec. 9-4.317 Monumentation (a) Boundary monuments Each final map shall indicate durable monuments of not less than two (2) inch iron pipe — at least eighteen (18) inches long found or set at or near each boundary corner and at intermediate points, approximately 1,000 feet apart, or at such lesser distance as may be necessary by topography or culture to insure accuracy in the reestablishment of any point or line without unreasonable difficulty. The precise position and character of each monument shall be shown on the final map,together v✓ith the approximate elevation of the top of each such monument with respect to the surface of the ground. City of San Juan Capistrano Land Use Code 9-4-26 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (b) Lot monuments All lot corners shall be monumented with not less than a three-fourths(3/4)inch iron pipe or by offset monuments as approved by the City Engineer. (c) Center line monuments Street, alley, and way center line monuments shall be set to mark the intersections of streets,intersection of streets with alleys or ways,intersections of alleys with alleys or ways,and at the intersection of any street, alley, or way with a tract boundary. Street center line monuments shall also be set to mark either the beginning and end of curves or the points of intersection of the tangents thereof. Such center line monuments shall be of not less than two (2) inch iron pipe at least eighteen (18) inches long set in the subgrade. (d) Center line monuments - Notes to be furnished For each center line intersection monument set, the engineer or surveyor under whose -- supervision the survey has been made shall furnish to the City Engineer a reproducible set of notes showing clearly the ties between such monuments and a sufficient number, not less than four (4), of durable distinctive reference points of the monuments. Such reference points may be lead and tacks,PK nails,or three-fourths(3/4)inch iron pipe not less than sixteen (16) inches long in which is secured a tag bearing the surveyor's or engineer's registration number,or such substitute therefor,as is not likely to be disturbed and is approved by the City Engineer. The set of notes furnished shall be drawn in ink on eight and one-half(8 '/2)inch by eleven (11) inch sheets of reproducible polyester film and shall conform to the standardized office records of the City Engineer. (e) Identification marks All monuments set as required by this section shall be permanently marked or tagged with the registration or license number of the civil engineer or land surveyor under whose supervision the survey was made. (f) Inspections All monuments shall be subject to inspection and approval by the City Engineer. City of San Juan Capistrano Land Use Code 9-4-27 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards Sec. 9-4.319 Parkland (a) Authority The provisions of this section are enacted pursuant to the authority granted by the Government Code of the State. The park and recreational facilities for which the dedication of land and/or the payment of a fee is required by this article are in accordance with the Parks &Recreation Element of the General Plan. (b) General requirements -- (1) As a condition of approval of a tentative map, the subdivider shall dedicate land, and/or improvements/amenities,and/or pay a fee for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision. This requirement shall apply to all subdivisions except those exempted by Section 66477 of the Government Code. (2) Except as provided in subsection (3) of this subsection, if the proposed subdivision contains fifty (50)parcels or less, the subdivider shall not be required to dedicate any land for park and recreational purposes without his or her consent, but shall pay a fee in accordance with subsection (e) of this section (3) When a condominium project, stock cooperative,or community apartment project exceeds fifty(50)dwelling units,dedication of land map be required notwithstanding that the number of parcels may be less than fifty (50). (c) General standards (1) Ratio of park land to population. Section 66477 of the Government Code of the — State specifies that up to five (5)acres of park land per 1,000 residents brought into a city by new development may be required to be dedicated provided that at least a five (5)acre per 1,000 person ratio already existed in that city as of the last Federal census. The last Federal census, taken in April 2000, counted a City population of 33,826.At that time the total neighborhood and community park acreage in the City was 229 acres. These quantities yield a ratio of 6.78 acres per 1,000 persons in the City.Thus,the required existing minimum five(5)acres per 1,000 standard has been met. In accordance with the preceding standards and computations and the City's finding that the public health, welfare, and quality of life require the continuation of the existing ratio of park land to population,within the limitations of State law, five (5) acres of land for each 1,000 persons residing within the Ci y shall be devoted to local park purposes. City of San Juan Capistrano Land Use Code 9-4-28 November 15, 2002 Chapter.9.4 -Subdivision/Improvement Standards (2) Household size. In order to compute the number of persons being brought into the city by a given residential project, it is necessary to multiply the number of units by an average household size standard for each type of unit. Section 66477 of the Government Code of the State stated that the average size of each class of household shall be "the same as that disclosed by the most recent available Federal Census."In accordance with said requirements, the average household size for the City, as derived from the 2000 census is: (A) Single-family detached dwelling units - _persons per dwelling unit. (B) Attached units, including duplex, town-house and apartments - persons per dwelling unit. (C) Mobile homes - persons per dwelling unit. (d) Dedication of land Where a park or recreational facility has been designated in the Parks & Recreation Element of the General Plan and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the City may require the dedication of land for a local park sufficient in size and topography to serve the residents of the subdivision. (e) Payment of fees (1) General formula. If there is no park facility designated in the Parks & Recreation Element of the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, _. the City may require, in lieu of land dedication, the payment of a fee equal to the value of the land prescribed for dedication computed in accordance with the provisions of subsection (d) of this section and Section 9-5.107 Parkland In-lieu Fees. Such fee shall be used to provide a park which will serve the residents of the new subdivision. (2) Fees in lieu of land for less than 50 lots. In subdivisions of less than fifty (5 0)lots, a per unit fee shall be charged for all lots or dwelling units. Such fee shall be set by resolution of the City Council. (3) Use of fees. The fees collected pursuant to this article shall be used only for the purpose of providing park or recreational facilities to serve the subdivision. Such fees shall be used for the purchase of necessary land or,if the City Council deems there is sufficient land available for the subdivision, for improving such land for park and recreational purposes. City of San Juan Capistrano Land Use Code 9-4-29 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (f) Dedication of land and payment of fees In subdivisions of fifty (50) or more lots,the Ciy may require the subdivider to dedicate land and/or pay a fee in lieu of park dedication in accordance with subsections(d)and(e)of this section. In no case,however, shall the total of land dedication and fee payment exceed the subdivisions park obligations computed in accordance with subsection (c) of this section. (g) Choice of dedication of land or payment of fees (1) Procedure. In subdivisions containing more than fifty (50)parcels, the procedure for -- determining whether the subdivider shall dedicate land, pay a fee, or both shall be as follows: (A) Action of the City. At the time of the approval of the tentative map, the Ciy Council shall determine, as a part of such approval, whether to require the dedication of land within the subdivision, the payment of a fee in lieu thereof, or a combination of both. (B) Prerequisites for the approval of final maps. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act of the State.Where fees are required,they shall be deposited with the Ciy prior to the approval of the final map. Open space covenants for private park or recreational facilities shall be submitted tD the Ciy prior to the approval of the final map and shall be recorded contemporaneously with the final map. (2) Determinations. Whether the Ciy accepts the dedication of land, elects to require the payment of afee in lieu thereof,or a combination of both shall be determined by the consideration of the following factors: (A) The Parks &Recreation Element of the General Plan; (B) The topography, geology, access, and location of the land in the subdivision available for dedication; (C) The size and shape of the subdivision and the land available for dedication; (D) The feasibility of dedication; (E) The compatibility of dedication with the: Parks & Recreation Element of the General Plan; and - (F) The availability of previously acquired park property. City of San Juan Capistrano Land Use Code 9-4-30 November 15,2002 Chapter 9.4 -Subdivision/Improvement Standards (h) Amount of fees in lieu of the dedication of land Where a fee is required to be paid in lieu of the dedication of land, the amount of such fee shall be determined by Section 9-5.107 Parkland In Lieu Fee. (i) Partial credit for private open space Where private open space for park and recreational purposes is provided in a proposed subdivision,and such space is to be privately-owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty (5 0) percent, may be given against the requirement of the dedication of land or the payment of fees in lieu thereof if the City Council finds that it is in the public interests to do so and that all of the following standards are met: (1) The yards,court areas,setbacks,and other open areas required to be maintained by this Land Use Code shall not be included in the computation of such private open space; (2) The private ownership and the maintenance of the open space shall be adequately provided for by recorded written agreement, conveyance, or restrictions; (3) The use of the private open space shall be restricted for park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successors; (4) The proposed private open space shall be reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; (5) The facilities proposed for the open space shall be in substantial accordance with the provisions of the Parks &Recreation Element of the General Plan; and (6) The covenants, codes, and restrictions concerning the private open space state that the City has the right of the review and approval of any modification to such open space. U) Schedule of park development In accordance with Section 66477 of the Government Code of the State, the City shall maintain, either as part of its Capital Improvement Program or separately, a schedule specifying"how,when, and where it will use the land or fees, or both,to develop park or recreational land to serve the residents of the subdivision" for which park fees have been paid or land dedicated.Therefore,pursuant to such requirement,anyfees collected pursuant City of San Juan Capistrano Land Use Code 9-4-31 November 15, 2002 Cihapter 9.4 -Subdivision/Improvement Standards to this section shall be committed within five (5)years after the payment of such fees or the issuance of building permits on one-half (t/2) of the lots created by the subdivision, whichever occurs later.If such fees are not so committed,they shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots within the subdivision, Sec. 9-4.321 Pedestrian Ways, Bridges, and Tunnels (a) General requirements Pedestrian ways, bridges, and tunnels shall be constructed at the sole expense of the developer where their use is considered necessary by the City. Such necessity may include, but shall not be limited to,access to schools,parks,historical areas,and places of public use which generate unusual amounts of pedestrian traffic. Such facilities are included to — supplement the pedestrian-oriented improvements in-lieu of a sidewalk in the public rights- of-way and reduce conflicts between pedestrian traffic and other modes of travel. Bridges or tunnels shall be required at grade separations, watercourses, and unusually irregular - terrain where heavy pedestrian traffic may be experienced. (b) Design standards The minimum width of pedestrian ways shall be eight (8) feet. Pedestrian ways shall be constructed of concrete or asphalt concrete. The (:iy Engineer may approve alternate materials at his discretion. Walls,fences, and landscaping shall be required as necessary to define and separate pedestrian ways. Pedestrian ways shall not be constructed at grades exceeding five (5)percent. Cross slopes shall not exceed two-tenths of one (0.2)percent. Where unusual conditions exist,the City Engineer may approve grades greater than five (5) percent; however, a grade of ten (10) percent shall not be exceeded under any - circumstance. (c) Dedications The City may require the dedication of pedestrian ways, bridges, and tunnels or irrevocable offers to dedicate rights-of--way.All facilities outside of public rights-of--way to be dedicated to the City shall be within exclusive easements for the purpose of maintaining a pedestrian way. Such easements shall be configured to insure that normal maintenance operations do not -- encroach upon private property. Improvement plans shall not be approved until all such easements have been recorded with the County Recorder. City of San Juan Capistrano Land Use Code - 9-4-32 November 15, 2002 Chapter 9.4-Subdivision/Improvement Standards Sec. 9-4.323 Sanitary Sewer (a) Design specifications The design and construction of sanitary sewers shall be in accordance with the Standard Specifications, as last revised, of the City. (b) Capacity design standards The design of residential sanitary sewers shall be based upon an average daily flow of 110 gallons per day per capita and an occupancy factor of three (3) persons per dwelling unit. The peak flow shall be the design flow and shall be determined by the formula plotted on Figure 4-4. All sanitary sewers having an internal diameter of less than twelve (12) inches shall be designed to have a flow depth of one-half ('/2) of the internal diameter, or less, under design flow conditions.All sanitary sewers having an internal diameter of twelve (12) inches or greater may be designed to have a depth of flow of three-fourths (3/4) of the internal diameter, or less, under design flow conditions. The only exceptions to such requirements shall be inverted siphons and force mains. The average daily flow rates for uses other than residential shall be determined by the City Engineer from Table 4-2. If the precise type of land use is not known,the average sewerage flow shall be determined from Table 4-3. Peak flows shall be determined by the formula shown on Figure 4-4. City of San Juan Capistrano Land Use Code 9-4-33 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards 0.89 - QP = 2.4 Q AVE 10 9 8 7 6 5 3 2 -- 1.0 9 8 7 V/ 6 IZ w 5 U -- i 4 3 0 a 2 w W .i p+ 9 8 7 6 5 4 3 2 .01 2 3 4 5 6 7 8 9.1 2 3 4 5 6 7 8 9 1.0 2 3 4 5 6 7 8 910 AVERAGE FLOW - CFS Figure 4-4 Peak to Average Relationship for Sewage Design Flows City of San Juan Capistrano Land Use Code 9-4-34 November 15, 2002 Chapter 9.4 - Subdivisionllmprovement Standards Table 4-2 Average Sewerage Flows - Specific Land Use Types Type of and Use Flow (Gallons per Day/Unit) Hotels and Motels(without kitchens), per unit 105 Restaurants Conventional,per seat 25 Conventional (24-hour),per seat 35 Quick Service and Taverns, per seat 14 Bars and Cocktail Lounges, per seat 21 Institutional Conventional,per person 90 Hospitals,per bed 210 Schools Day with Cafeteria,per student 10 Day with Cafeteria and Showers, per student 15 Boarding,per student 60 Theaters 3 Indoor,per seat Outdoor,per seat 3 Service Stations Per vehicle served 7 Per set of pumps (island) 350 Commercial Stores, per employee; or 42 Per first 25 square feet 315 Per each additional 25 square feet 280 City of San,Juan Capistrano Land Use Code 9-4-35 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards Table 4-2 Average Sewerage Flows - Specific Land Use Types _- Type of and Use Flow (Gallons per Day/Unit) Golf Course and Clubs Per member 110 ` Per non-member 15 Tennis Clubs Resident-type,per member 110 Non-Resident-type,per member 15 Stables,per horse 3 Offices,per employee 10 Factories, sanitary wastes only per employee per shift 25 Self-service Laundries,per machine 500 Public Swimming Pools with Showers and Toilets,per toilet 10 Bowling Alleys, per alley 140 Picnic Parks and Toilets,per toilet 10 Assembly Halls,per seat 1 Note: If the precise type of land use is not known,the average sewerage flow shall be determined from Table 4-3. Table 4-3 Average Sewage Flows - General Land. Use Types Type of Land Use Flow (Gallons per Day/Acre Institutional 1,960 Recreational 790 Parks 790 Commercial 2,490 Low-Density Residential 660 Medium-Density Residential 1,320 High-Density Residential 5,500 City of San Juan Capistrano Land Use Code 9-4-36 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (c) System design standards The minimum internal diameter for a mainline sanitary sewer shall be eight (8) inches. Sewer laterals shall be either four (4) inches or six (6) inches in internal diameter and designed in accordance with the Uniform Plumbing;Code, as last revised. The minimum slopes at which mainline sanitary sewers shall lie installed are set forth in Table 4-4 as follows: Table 4-4 Minimum Slopes for Sanitary Sewers Internal Diameter Slope (inches) 8 0.00410 -- 10 0.0032 12 0.00 :4 15 0.0016 18 0.0014 - 21 0.0012 24 0.0010 27 and larger 0.0008 (d) Dedications All mainline sanitary sewers,cleanouts,manholes,and appurtenant equipment within public rights-of-way shall be dedicated to the City.All sanitary sewer facilities outside public rights- of-way to be dedicated to the City shall be located within exclusive easements granted to the City for access and maintenance purposes. Such easements shall be recorded with the County Recorder prior to the approval of the improvement plans. All of the boundaries of such easements shall be a minimum distance of ten (10) feet from the center line of the facilities to be dedicated to the City. (e) Joining the sanitary sewer system All properties within 200 feet of a public sanitary sewer shall be required to join the City facilities. Where a soil report indicates a private sanitation system is not acceptable or where damage to the ground water quality would occur,a property shall be required to join the City sanitary sewer system. City of San Juan Capistrano Land Use Code 9-4-37 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (f� Private sanitary sewers Private sanitary sewers shall be prohibited in the Hillside Residential (HR), Single-Family- 10,000(RS-10,000),Single-Family-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),Multiple- Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP), Planned Community (PC), and Specific Plan/Precise Plan (SP/PP) Districts. Where _ otherwise permitted,private sanitary sewers shall be constructed of materials approved by the Gy Engineer and shall be no smaller than six (6) inches in internal diameter. Permission for private sanitary sewers shall be granted by the Gy only where there are no City sanitary sewers within 200 feet of the closest property in question and no more than twelve (12) units will use the private sewer at any time. The capability and intent to maintain private sewers shall be provided the Gy Engineer in the form of legal documents fixing such responsibility. (g) Sewer laterals Sewer laterals shall be less than eight (8) inches in internal diameter and serve no more than one structure,if approved by the Ciy Engineer. Sewer laterals shall not serve more than one property owner. Under no circumstance shall a sewer lateral join another sewer lateral. Sewer laterals shall directly join the structure served to the mainline sanitary sewer. — (h) Private sanitation systems Private sanitation systems may be permitted by the Cite Engineer and Orange County Health Service Standards in the Agri-Business (A), Residential/Agriculture (RA), Single-Family- 40,000 (RSE-40,000), Single-Family-20,000 (RSE,-20,000), Open Space Recreation (OSR), and Specific Plan/Precise Plan (SP/PP) Districts only if all of the following criteria are met: (1) No public sanitary sewer with sufficient capacity shall be within 200 feet of the property. (2) A soil report and percolation tests prepared by a civil engineer and engineering geologist registered in the State shall recommend,without exception,the installation of a private sanitation system. (3) The system shall meet the provisions of the Coun y Health Care Agency and the City shall approve the installation of said system. (4) There shall be confirmation that no detrimental change shall occur in the ground water quality. City of San Juan Capistrano Land Use Code 9-4-38 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (5) The installation shall be acceptable to the City Engineer. (i) Reimbursement agreements The City may require the construction and dedication of sanitary sewer facilities across the full public frontage of a development site of sufficient size to provide service for future development. The City may enter into a reimbursement agreement with the developer if development may occur on the opposite side of the Project frontage. If the City enters into such an agreement, a public meeting shall be held to determine the funds required and the area of benefit from the subject facilities. A copy of the standard City reimbursement agreement is on file and available at the City offices. Sec. 9-4.325 Street Lights and Traffic Signals (a) Street lights for public rights-of-way Street lights within public rights-of-way shall be constructed by the developer and dedicated to the City. Such street lights shall be the Mission Bell type in accordance with the Street Lighting Standards of the City. Other ornamental fixtures may be used only upon the approval of the Planning Commission. The approximate lumen rating for street lights in residential districts shall be 7,000 lumens,and the approximate lumen rating for street lights in commercial, industrial, and open space districts shall be 20,000 lumens. Primary and secondary arterial highways shall have street lights of 20,000 lumens. The spacing between 7,000 lumen street lights shall be 300 lineal feet measured along the adjacent curb face.The spacing between 20,000 lumen street lights shall be 220 lineal feet. Street lights shall alternate sides of the street where possible, and special attention shall be given to the lighting of intersections. Exceptions to the requirements set forth in this subsection may be permitted by the City Engineer. In new subdivisions the street lights shall be energized at the time the first unit is occupied. (b) Street lights for private streets and on-site lighting Private streets shall require street lights of a height, approximate lumen rating, location, type,and style approved by the City Engineer. Such requirements shall also apply to on-site lighting for walkways, alleys, and parking lots. The type of fixture (lighting standard and luminaire) shall be approved by the Planning Commission. In new subdivisions, the street lights shall be energized at the time the first unit Is occupied. The provisions of this subsection shall not apply to street lights on private streets existing on or before November 15, 2002. Clty of San Juan Capistrano Land Use Code 9-4-39 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (c) Traffic signals At intersections requiring signalization or future s:ignalization, the developer may be required to upgrade existing facilities, pay a fee to be used for the upgrading of impacted intersections, or install the necessary poles, conduits, pullboxes, service locations, and other facilities deemed necessary by the City Engineer. All such facilities shall be dedicated to the City. Sec. 9-4.327 Streets, Highways, and Alleys — (a) Introduction This section sets forth street, highway, and alley requirements to serve existing and new development in the City. (b) Paving Pavement materials shall consist only of aggregate base with asphalt concrete and/or portland cement concrete,conforming to the requirements of the California Department of Transportation Standard Specifications (as last revised). The pavement thickness shall be designated by the City Engineer. (c) Engineering manual The design speeds, curve radii, street grades,and related standards shall be as set forth in the City Standard Plans and Orange Design Standards as latest revised. (d) Public streets and dedications (1) General requirements. All streets and highways intended for through traffic or providing access to public areas within a property to be developed shall be public streets and shall be constructed and dedicated to the Ciiy by the developer. (2) Offers of dedication. Real property within a development project to be used for future streets, highways, or alleys shall require an irrevocable offer of dedication. Where the City requires an irrevocable offer of dedia2tion,on-site improvements shall be constructed in such a manner as to not interfere with the future use of the right-of- way. Such on-site improvements shall also be constructed in such a manner as to conform to all the provisions of this Land Use (.ode and the General Plan in order to provide for future City acceptance of the offered dedication. Ci+y of San Juan Capistrano Land Use Code _ 9-4-40 November 15, 2002 Chapter'9.4 -Subdivision/Improvement Standards (3) Reimbursement agreements.Streets and highways which would provide access to areas to be developed in the future or whose closing;would cause an undue disruption to the orderly development of the Ci y shall be constructed and dedicated to the City by the developer.The developer may be required to construct improvements not required by the project or which are off-site of the property to be developed.Areimbursement agreement for such improvements may be provided by the Ci y. Conversely, a developer may be required to payfees in reimbursement forimprovements previously constructed. If the City requires the construction and dedication of facilities prescribed in the General Plan, a reimbursement agreement my be executed. (4) Parkway facilities. Parkway areas shall be provided adjacent to roadways to allow room for the provision of utility lines,sidewalks,bikeways,equestrian trails,street landscaping, and related facilities.Such parkway facilities shall be constructed in conjunction with the roadway proper in accordance with the requirements of this chapter (refer to Figures 4-5 through 4-7). The additional parkway facilities shall insure reasonable public access to public natural resources consistent with public safety. (5) Access rights. The City may require the waiver of direct access rights to any street, highway, or alley which is to be dedicated to the City from property abutting thereon. (e) Private streets Private streets, including driveways, may be permitted by the Ci y for local access only. Such streets shall be built to the same construction standards as public streets of the same classification as such classifications are set forth in subsection(f)of this section.Landscaping adjacent to private street intersections shall be in compliance with Section 9.3-5 59 Visibility at Intersections/Driveways. Private streets shall not be maintained by the Ci y. Where private streets are permitted, verification of the intention and ability to assume the maintenance thereof shall be provided to the Ci y Engineer in the form of legal documents fixing such responsibility. City of San Juan Capistrano Land Use Code 9-4-41 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards 10' 5' S' 'oO,°0 oq a '°R• .'y.oro..:..•,�'ti° e� ° Concrete sidewalk RESIDENTIAL SIDEWALK *10 R/W 'Q Concrete sidewalk COMMERCIAL SIDEWALK (Both sides) (5' R/W — 6' 9' Measured from curb face °Q,.J' �'A'�,•'G A.C. or concrete Parkway bikeway PEDESTRIAN WAY/BIKE TRAIL (One side only;standard sidewalk may be required on other side) *Width of sidewalk maybe reduced upon approval of City Engineer, NOTES: 1.Total right-of-way width shall be adjusted in accordance with the parkway facilities required. 2.The City Engineer shall provide standard drawings specifying materials and methods of construction. _ 3.Two-way bikeway shall include centerline stripe and bike trial symbol. 4. One-way bikeway shall include bike trail symbol. S.All bikeways shall include stop bar and sign at all commercial driveway intersections. Figure 4-5 Sidewalk and Bikeway Parkway Facilities City of San Juan Capistrano Land Use Code 9-4-42 November 15, 2002 Chapter!I.4 -Subdivision/Improvement Standards 20' R/' All parkway facilities exclusive of general plan Measured from curb face equestrian trails shall be contained within the 20' \ \ scenic highway parkway 5'concret:e meandering sidewalk (both sides) SCENIC HIGHWAY PARKWAY 35' 20' � . Measured from curb face ` l e`= Sidewalk may Natural soil equestrian trail be required (one side) SCENIC HIGHWAY AND GENERAL PLAN EQUESTRIAN TRAIL 25' R/W 5' 20' Fence n. Measured from curb face mandatory `J ad'acentto Concrete sidewalk `DE:COm Decomposed granite or mo>c (A.C.on streets with alternatt�e as a roved b rural designations) the City Engineer y SIDEWALK AND GENERAL PLAN EQUESTRIAN TRAIL is' S' 10' * Sidewalk both sides, equestrian trail one Measured from curb face side only.Fence mandatozadjacent lt� Concrete sidewalk —Na.tural soil equestrian trail (A.C.on streets with 9 rural designations) SIDEWALK AND FEEDER EQUESTRIAN TRAIL NOTES: 1.Total right-of-way width shall be adjusted in accordance with the parkway facilities required. 2.The City Engineer shall provide standard drawings specifying materials and methods of construction. *Equestrian fence mandatory if boundary fence not present. Figure 4-6 Equestrian Trail and Scenic Highway Part.-way Facilities City of San Juan Capistrano Land Use Code 9-4-45 November 15, 1002 Chapter 9.4 - Subdivision/Improvement Standards 101 5' st Measured from curb face Sidewalk Required Adjacent to Residential Units -7 IN 2 to I slope Beginvertical curve N, RESIDENTIAL SIDEWALK of lVW 7 2 to I slope ZBegin vertical curve NO SIDEWALK 10, fence Begin vertical curve 2 to I slope Decomposed granite or alternative as apprved by City Engineer EQUESTRIAN TRAIL (one side or both) Figure 4-7 Hillside Parkway Facilities City of San Juan Capistrano Land Use Code 9-4-44 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (f) Required local access streets The streets identified in subsection (1) and (2) of this subsection will be required for local access to abutting residential and nonresidential land uses. Standard sections for such streets are shown in Figure 4-8. Right-of-way widths ;tor local streets may be reduced in conjunction with the development review if the City determines that such reduction will not result in greater project density or intensity. Local streets, except driveways, may be public or private as determined by the City during the - development review. Driveways shall be private in all cases. (1) Residential uses. Table 4-5 identifies the required streets for residential uses, as determined by the number of dwelling units served by the street and the average lot size of the dwelling units. (2) Non-residential uses. A way or local street shall be required if 2,500 ADT or less are to be generated by abutting uses and through traffic. If generation is greater than 2,500 ADT, an arterial highway shall be required as set forth in subsection (g) of this section. Table 4-5 Required Local Access Street Sections (Non-Arterial) Average Lot Size;of Dwelling Units Served Number of Dwelling Units Townhouse <5,000 sf 5,000- 10,000 - 20,000 1-2 >2 Served or Multi- 10,000:3f 20,000 sf sf-1 acres acres family acre I Driveway 12 or less Way or Local Way or Way or Way or Way, Way, Way, Local Local Local Local or Local or Local or Local Local Local Rural Rural Rural 12-24 on cul-de-sac Way or Local Way or Way or Way or Way, Way, Way, 24-48 on through street Local Local Local Local, Local, or Local, or 24-48 on cul-de-sac Local Local Local Local or Local Local Local 48-96 on through street Rural Rural Rural 48-60 on cul-de-sac Local Local Local Local Local Local Local 60 or more on through street ,S cul-de-sac is a closed street with no outlet. A through street is a street that has a connection to another street{connection t:ncludes emergency access roadways). City of San Juan Capistrano Land Use Code 9-4-45 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards 12'Min. DRIVEWAY (Private only) 56' 15' 26' 15' WAY Rolled curb and gutter (Public or private) 56' 10' 36' 10' LOCAL STREET Sidewalk and parkway design STD.curb and gutter to be determined during (Public or private) development review 56' 10' 36' 10' 8, 874 Sidewalk and parkway design LOCAL RURAL STREET to be determined during I (Public or private) 7ft' Rolled curb and gutter development review *Public or private status and drainage,sidewalk,curb,landscaping,and other parkway improvements to be determined during the development review. On-street parking may be prohibited. DETAIL NOTES: 1. Paved shoulder(non-paved shoulder to be used only on approval of the City Engineer). 2. Adjustments may he made in the right-of-way in accordance with Section 9-4.529(e)and(f). Figure 4-8 Standard Residential and Other Local Access Street Sections City of San Juan Capistrano Land Use Code 9-4-46 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (g) General plan arterials All arterial highways within the City shall be public streets and shall be improved in accordance with applicable adopted precise alignments. Precise arterial alignments shall be in accordance with the classification (primary, secondary, or local arterial) and general alignments shown on the General Plan. Standard sections for arterial highways are shown in Figures 4-9 through 4-11. The following shall be the capacities of arterial highways in average daily trips (ADT): (1) Local Arterial or Rural Local Arterial Highways, maximum 10,000 ADT; (2) Secondary or Secondary Rural Arterial Highways, maximum 22,500 ADT; and (3) Primary or Primary Rural Arterial Highways, maximum 33,800 ADT. Dwellings shall not take direct access onto arterial highways unless the City finds, by special circumstance, that such access is warranted and can be designed consistent with traffic safety. The City may require special driveway design to insure forward vehicle entry onto such arterials. (h) Alleys Alleys may be permitted in nonresidential districts only when off-street parking, service, loading,and delivery areas are not otherwise available.Alleys in nonresidential districts shall be constructed and dedicated to the City in compliance with this section and the design standards prescribed in the City's Standard Plans and Orange Design Standards, most recently adopted Alleys may be permitted in residential districts if approved by the City during the development review. Such alleys shall be private. Verification of the ability and intention to maintain private alleys shall be provided to the City Engineer in. the form of legal documents fixing such responsibility. (i) Standard road sections Figures 4-5 through 4-11 are the standard road and parkway sections required as set forth in this section.Such road sections shall be required for all new development,unless the City, after finding special circumstances, approves modified or alternate road sections. The sections shown may be required to be expanded near intersections to provide width for deceleration lanes, left turn pockets, and other intersection facilities. _ City of San Juan Capistrano Land Use Code 9-4-47 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards 52' 52' 10' 3 5' 14' 35' 10' STD.curb and gutter PRIMARY ARTERIAL Median may be raised or painted 50' so, 11' 8' 24' 14' 24' 8' 11' 2 1 PRIMARY RURAL ARTERIAL 1 2 DETAIL NOTES: 1. Paved shoulder(non-paved shoulder to be used only on approval of the City Engineer). 2. Rolled curb. GENERAL NOTES: 1. The City Engineer shall provide standard drawings specifying materials and methods of construction. 2. Sidewalk,landscaping, and other parkway improvements shall be determined during the - development review. 3. Parkway(and right-of-way)widths may increase if additional facilities are required outside of the traveled way(e.g., equestrain trails). Refer to Figures 4-6 through 4-8. Figure 4-9 Standard Primary Highway Sections City of San Juan Capistrano Land Use Code 9-4-48 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards 42' 42' 10` 32' 32' 10' 64'curb to curb SECONDARY ARTERIAL STD.curb and gutter 40' 40 8' 8' 24' 24' 8' 8' 1 SECONDARY RURAL ARTERIAL 1 2 DETAIL NOTES: 1. Paved shoulder(non-paved shoulder to be used only on approval of the City Engineer). 2. Rolled curb. GENERAL NOTES: 1.The City Engineer shall provide standard drawings specifying materials and methods of construction. 2. Sidewalk, landscaping, and other parkway improvements shall be determined during the development review. 3. Parkway(and right-of-way)widths may increase if additional facilities are required outside of the traveled way(e.g., equestrain trails). Refer to Figures 4-6.through 4-8. Figure 4-10 Standard Secondary Highway Sections City of San Juan Capistrano Land Use Code 9-4-49 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards 30' 30' 12' 18' ;l8 12' � 3 6' Curb to Curb LOCAL ARTERIAL STD. curb and gutter 30' 30' 10' 8' 12' 12' 8' 10' 2 1 1 2 LOCAL RURAL ARTERIAL DETAIL NOTES: 1. Paved shoulder (non-paved shoulder to be used only on approval of the City Engineer). 2. Rolled curb. GENERAL NOTES: 1. The City Engineer shall provide standard drawings specifying materials and methods of construction. 2. Sidewalk, landscaping, and other parkway improvements shall be determined during the development review. 3. Parkway (and right-of-way) widths may increase if additional facilities are required outside of the traveled way (e.g., equestrain trails). Refer to Figure 4-6 through 4-8. Figure 4-11 Standards Local Arterial Highway Sections — City of San Juan Capistrano Land Use Code 9-4-50 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards Sec. 9-4.329 Utility Undergrounding (a) Required All development within the City shall require the undergrounding of utilities. Where development occurs outside of an underground utility district on a single lot and consisting of a single structure, the City Engineer may permit the use of overhead distribution facilities in the public right-of-way. However, the utility service to the lot from the distribution facility shall be undergrounded. (b) Procedure The City intends to provide all of San Juan Capistrano with underground utility service. In order to fulfill this intention, the City shall form underground utility districts where necessary.The formation,purpose,and use of such districts shall be as set forth in Chapter 8 of Title 7 of this Code. Sec. 9-4.331 Water Facilities (a) Design specifications Water transmission and distribution facilities shall be designed in compliance with the Standard Specifications of the Capistrano Valley Water District, as last revised. On-site water facilities shall comply with the Uniform Plumbing Code, as last revised. (b) Capacity design standards Residential water distribution systems shall be based upon an average daily consumption rate of 190 gallons per capita per day and an occupancy factor of three (3) persons per dwelling unit. A peaking factor of four (4) times the average consumption shall be used to determine the maximum hourly demand, and a factor of two (2) times the average consumption shall be used to determine the maximum daily demand. Fire flows shall be determined in accordance with the requirements of the Orange County Fire Authority. Design flows shall be the maximum hourly flow or the maximum daily flow plus fire,flow, whichever is the greatest.A minimum pressure of forty(40)pounds per square inch shall be maintained at the property line under maximum hourly flows or twenty(20)pounds per square inch under maximum daily flows plus fire flow Commercial, industrial, and public institution design flows shall be determined by the Capistrano Valley Water District. The design and pressure requirements for commercial, industrial, and institutional uses shall be similar to those prescribed for residential water distribution systems. City of San Juan Capistrano Land Use Code 9-4-51 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (c) System design standards Regardless of design pressures,the internal diameter of the main pipe shall be a minimum of six(6) inches.A pipe with an internal diameter of a minimum of eight (8) inches shall be used on all dead-end lines serving a fire hydrant or fire protection system. In addition, a pipe with an internal diameter of a minimum of eight(8)inches shall be used on all lines serving more than one fire hydrant or fire protection system. Individual house, building, irrigation, and miscellaneous services shall be designed in accordance with the Uniform Plumbing Code.The internal diameter of transmission mains shall be a minimum of eight (8) inches, and such mains shall be designed in accordance with the Standard Specifications of the Capistrano Valley Water District. (d) Dedications Facilities designed as set forth in this section and constructed in accordance with the Standard Specifications of the Capistrano Valley Water District, as last revised, shall be dedicated to the District.The systems dedicated shall be within public rights-of-way and shall include all transmission mains,distribution mains, fire hydrants, individual services up to and including the meters, and the appurtenant equipment. All water facilities outside of public rights-of-way to be dedicated to the District shall be located within exclusive easements granted to the District for access and maintenance purposes. Such easements shall be recorded with the County Recorder prior to the approval of the improvement plans, and the grantor shall provide a title insurance policy acceptable to the District.All easements and right-of-way widths shall be determined by the District. (e) Joining the water system - exceptions All new construction in the City shall obtain domestic water service from the Capistrano Valley Water District.The Manager of the District may grant exceptions to the requirement for the construction of single units on single lots if the following criteria are met: (1) The lot shall be located within the Agri-Business (A), Residential/Agriculture (RA), Single-Family-40,000 (RSE-40,000), or Single-Family-20,000 (RSE-20,000). (2) No Capistrano Valley Water District distribution facility shall be within 500 feet of the property in question. (3) An alternate source which provides water deemed acceptable for domestic use by the Coun y Health Care Agency shall be available. City of San Juan Capistrano Land Use Code 9-4-S2 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (f) Private water systems No private water system shall be permitted. (g) Wells (1) Approval required.Domestic wells shall be constructed for domestic use only when approved by the Manager of the Capistrano Valley Water District. Such wells shall provide water deemed acceptable for domestic use by the County Health Care Agency. (2) Agriculture wells.Agriculture wells used for agricultural purposes shall provide water deemed acceptable for the intended use by the County Health Care Agency. (3) Construction and maintenance.The construction and maintenance of all water wells shall be in conformance with the provisions of this Land Use Code and the requirements of the City Engineer. For the purpose of controlling the construction and reconstruction of water wells within the City, Ordinance No. 2607 of the County is hereby adopted by reference and made a part of this section as though set forth in this section in full, subject, however, to any amendments, additions, and deletions set forth in this section. (4) Abandonment (A) Definitions. For the purposes of this subsection, "Abandoned water well" shall mean and include any water well not actually and continuously used and any well,whether used or not, the mouth or entrance of which is left open; and "cistern" shall mean an artificial reservoir or tank or septic tank or well for storing water. (B) Capping or covering required. Any person who digs, drills, excavates, constructs, owns,or controls any water well or cistern and abandons such well or cistern and any person who owns, possesses, or controls any premises on which an abandoned water well or cistern exists shall cap or otherwise securely cover the mouth or entrance to such well or cistern. The capping or covering shall be constructed and installed so as to prevent a human being from falling into such well or cistern or suffering any bodily injury, either through accident or inadvertence, by reason of the existence of such abandoned water well or cistern. (C) Capping, covering, orfilling by City. If any person shall fail or refuse to cap or cover any abandoned water well or cistern as required by subsection (B) of this subsection,the City may cap, cover, or fill such well or cistern. In the event it is necessary for the City to cap,cover,or fill an abandoned water well or cistern, City of San Juan Capistrano Land Use Code 9-4-53 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards the charges for such service shall be against the owner of the property on which such well or cistern is located. Sec. 9-4.333 Waiver of Provisions Where unusual conditions occur or may exist or determined to be necessary or desirable, the City may consider exceptions to the provisions of this article. ,kny exception to such provisions shall be consistent with the general goals,policies,and requirements of the General Plan,the Subdivision Map Act of the State, or any other applicable statute or specification referred to in this chapter. Such waivers may be granted by the Planning Commission. - City of San Juan Capistrano Land Use Code 9-4-54 November 15, 2002 v Chapter 9.4 -Subdivision/Improvement Standards ARTICLE 4. IMPROVEMENT PLANS Sec. 9-4.401 Preparation - Information Required Improvement plans shall be prepared and signed by a civil engineer registered in the State and shall contain the follo,ving information in a form as approved by the City Engineer: (a) The north arrow with a scale of twenty(2 0)feet,thirty(3 0) feet, or forty(40) feet to the inch indicated; (b) A title block in the lower right-hand corner of every sheet which shall include the name of the project, date, name of the engineer preparing the plans, signature of the engineer preparing the plans,title of the page,and page number. Original sheets may be purchased from the Ciy, or the design engineer shall provide an exact copy acceptable to the City Engineer; (c) An index map on the title sheet at a scale necessary to show the entire project on the title sheet. The page numbers for each portion of the project shall be indicated on the index map; (d) The plan and profile of the street center lines, both tops of curbs, and sanitary sewer lines. Storm drain facilities shall be indicated in the plan and profile on separate sheets; (e) The water lines, indicated in the plan view only, dimensioned from the curb faces or center lines.The plan and profile of the water lines shall be indicated only for lines outside improved rights-of-way and for all water lines greater than ten (10) inches in internal diameter; (f) The center line horizontal control and right-of-way width which shall coincide with the final map for the property being improved; (g) The street lights which shall be located in conformance with City standard; or approved exceptions; (h) The locations of gas, electric, and television underground utilities; (i) The locations of street signs; 0) The street names in words; (k) The locations of traffic control devices and signs; (1) Cross sections of every street and all sidewalks, bicycle trails, and equestrian trails; _ City of San Juan Capistrano Land Use Code 9-4-55 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards (m) The bicycle trails,equestrian trails, and pedestrian ways :in public rights-of-way; (n) The bicycle trails,equestrian trails,and pedestrian ways outside dedicated street rights-of-way; (o) All boundaries of easements to be granted to the City; (p) Signature blocks for the Ciy Engineer and the Ci y; (q) General notes for street improvements as required by the project and the City; (r) General notes for water construction as required by the project and the Ciy; (s) General notes for sewer construction as required by the project and the Ciy; (t) General notes for storm drain construction as required by the project and the Ci y; and (u) The additional details, data, or information required by the Ciy Engineer. Sec. 9-4.403 Approval Improvement plans shall be submitted to the Ciy at the time the fees are paid for plan checking.The plans shall be approved by the Ciy Engineer after: (a) All of the requirements of this Land Use Code and the General Plan have been met; (b) Any special requirements of the City have been met; (c) All necessary easements have been recorded; --- (d) The final map has been recorded; (e) All necessaryfees have been paid and all necessary bonds have been posted; and (f) All necessary reimbursement agreements have been completed. Upon the approval of the plans and the submission of the prints required by the Ciy Engineer, the necessary permits may be acquired from the appropriate: agencies. City of San Juan Capistrano Land Use Code 9-4-56 November 15, 2002 Chapter 9.4 -Subdivision/Improvement Standards Section 9-4.405 Fees and Bonds Fees and bonds shall be collected for private improvement projects in accordance with Section 9-5.109 Private Improvement Fees and Bonds. City of San Juan Capistrano Land Use Code 9-4-57 November IS, 2002 Chapter 9.5 - Fees, Deposits, and Bonds CHAPTER 9-5. FEES, DEPOSITS, AND BONDS 9-5.101. Fees, Deposits, and Bonds - 9-5.103. Housing In-lieu Fee 9-5.105. Major Thoroughfare and Bridge Fee 9-5.107. Parkland In-lieu Fee 9-5.109. Private Improvement Fees and Bonds 9-5.111. Sand, Gravel, and Mineral Extraction Fees and Bonds 9-5.113. Temporary Caretaker Residences Deposit 9-5.115. Water Fees and Bonds City of San Juan Capistrano Land Use Code 9-5-1 November IS, 2002 Chapter 9.5 - Fees, Deposits, and Bonds Sec. 9-5.101 Fees, Deposits, and Bonds (a) Fees - Required (1) Each applicant shall pay application fees for the following concurrently with the filing of each such application: (A) Tentative tract maps and tentative parcel maps; (B) Construction plans, building plans, building improvements and additions; (C) Final maps, parcel maps, lot line adjustments, easement modifications, license agreements, and records of survey, (D) Architectural control review; (E) The preparation of environmental impact reports,traffic studies,initial studies,and other required special studies; (F) Zone changes; (G) Conditional use permits; (H) Variances; (I) Signs; Q) Appeals; (K) General Plan amendments; (L) Tree removals; - (M) Administrative approvals; (N) Sand and gravel extractions; and (0) Residential growth management approval (residential concept plans). (2) In addition, each developer of any application set forth in paragraph (1) of this subsection, shall pay, if applicable: (A) Map and plan checking fees at time of filing map for plan check; - City of San Juan Capistrano Land Use Code 9-5-2 November 15, 2002 Chapter 9.5 -Fees, Deposits, and Bonds (B) Inspection fees prior to approval of plans by City Engineer; (C) Sewer capacity fees shall be paid prior to issuance of building permit; (D) Drainage fees prior to approval of final nap, or if map not required prior to issuance of building permit; (E) Park and recreation fees prior to approval of final map, as specified in Section 9-5.107 Parkland In-Lieu Fee; (F) Agricultural preservation fees prior to issuance of building permit; (G) Construction taxes,as specified in Title 3 of this Municipal Code - e.g.,taxes for municipal services and agricultural preservation, prior to issuance of building permits; (H) System development taxes,as specified in Title 3 of this Municipal Code,prior to issuance of building permits; (1) Major thoroughfare and bridge fee program prior to issuance of building permits,as specified in Section 9-5.105 Major Thoroughfare and Bridge Fee; and 0) Housing in-lieu fees prior to the issuance of a building permit, as specified in Section 9-5.103 Housing In-Lieu Fee. (b) Fees - Establishment The City Council,from time to time, shall establish the amount of the fees authorized by the provisions of this section by ordinance and/or resolution and, as a part of such ordinance or resolution,may include specific administrative guidelines for the collection of such fees. (c) Fees - Payment Unless specifically waived or deferred by the City Council, all of the fees authorized by the provisions of this section shall be paid prior to the granting of any approval,the issuance of any permit, or the taking of any other action requiring the payment of such fees. (d) Fees required by other agencies The fees required by an outside agency shall be paid in accordance with the regulations of such agency. City of San Juan Capistrano Land Use Code 9-5-3 November 15, 2002 Chapter 9.5 - Fees, Deposits, and Bonds (e) Deposits Any person making an application for a street cut, the construction of a swimming pool, or the construction of a temporary caretaker residence, erosion control, or any other improvement requiring a deposit shall be required to make a security deposit pursuant to the terms and conditions established by the City Council by resolution. (f) Bonds The following bonds shall be required,where applicable: (1) Performance bonds; (2) Labor and materials bonds; (3) Monumentation bonds; _ (4) Development obligation bonds; (5) Maintenance warranty bond; (6) Grading bond; and (7) Landscape bond. (g) Surety devices in-lieu of bonds The City may require a letter of credit, cash bond, or certificate of deposit on forms approved by the City Attorney. Sec. 9-5.103 Housing In-Lieu Fee - (a) Purpose and intent Purpose and intent of the in-lieu affordable housing fees provisions in this section is to achieve the following: ^ (1) To create a housing fund to facilitate the development of residential housing opportunities for low, very low, and moderate income households within the City of San Juan Capistrano; and (2) To create an affordable housing fund as an annually renewable source of revenue to City of San Juan Capistrano Land Use Code 9-5-4 November 15, 2002 Chapter 9.5 - Fees, Deposits, and Bonds assist in implementing The Hope Plan (Housing Opportunities Program Empowerment Plan) as adopted by City Council on February 21, 1995 which implements the City's General Plan Housing Element; and (3) To preserve and maintain renter and ownership housing units which are affordable to very low, low, and moderate income households located within the Ciy; and (4) To foster and encourage the private sector to join the Ciy and the nonprofit sectors to further the goals of this Land Use Code. (b) In-lieu affordable housing fee policies City policies aimed at achieving the preceding in-lieu affordable housing fee goals shall be forlots or units established subsequent to September 1995 (Ordinance No.767),and shall apply to all new residential developments of two (2) or more units. These developments shall be required to dedicatefees to promote the construction and/or assistance of affordable housing projects within all zone districts. (c) In-lieu affordable housing fee description (1) Housing fee requirement. The payment of said. in-lieu affordable housing fee shall be required as a condition of issuance of a building permit. Except as provided elsewhere in this Land Use Code, no building permit shall be issued for construction of, or any additions, alterations or removal which creates an additional residential unit,and/or residential development project, subject to this Land Use Code unless and until the fee provided for in this section is paid to the City. (2) Computation of fee requirement. The amount of the in-lieu affordable housing fee shall be computed as follows: One percent of valuation as determined under the City of San Juan Capistrano Municipal Code Section 8-1.05. (3) Disbursement of fees. Prior to the disbursement of collected funds, and every five (5) years thereafter, the City Council shall adopt a Five-Year Funding Program with the following information: (A) The amount of funding budgeted for loans or grants to recipients of approved programs; and (B) Consistency with the City General Plan Housing Element. City of San Juan Capistrano Land Use Code 9-5-5 November 15, 2002 Chapter 9.5 - Fees, Deposits, and Bonds (d) Regulations pertaining to the disbursement of fees collected (1) Funds collected shall be used solely for programs and administrative support outlined by the City Council in The HOPE Plan to meet the housing needs of veylow, low, and moderate income households. These programs shall include those providing assistance through production, acquisition, rehabilitation and preservation of affordable housing units for moderate,low, and very low income households. (2) Funds may be used in any manner, through loans,grants, or indirect assistance for the production and maintenance of affordable housing. _ (3) Funds used for the operation of supporting services such as child care or social services must meet the following criteria: (A) Funds are used in connection with transitional housing or in neighborhoods where the number of units create the need for supportive services; (B) The recipient demonstrates to the Gy that other funds are not available; or (C) No more than twenty-five (25) percent of the loan, grant or assistance is designated for such services. (4) Whenever funds are disbursed, the City Council shall determine the terms and conditions which shall be attached to the grant or loan. (e) Regulations pertaining to recipients of in-lieu affordable housing funds (1) Every recipient of in-lieu housing fee funding shall enter into a written agreement with the Ciy which sets forth the terms and conditions of the funding(e.g.,grant or loan). The agreement shall contain the following provisions: (A) The amount of funds to be disbursed; -- (B) The manner in which the funds are to be used; (C) The terms and conditions of the grant or loan; (D) The projected maximum rent to be charged to maintain an affordable housing cost (if rental); (E) A requirement for annual financial reports to be provided to the Director of Administrative Services; and (F) Restrictions on the return on equity and developers fee recipients may receive, City of San Juan Capistrano Land Use Code 9-5-6 November 15, 2002 Chapter 9.5 -Fees, Deposits, and Bonds where applicable. (f) Financial management of in-lieu fees collected The City's Director of Administrative Services shall maintain a separate in-lieu housing fees account which details all programs and any required related subsidiary funds and transfer the balance on deposit from such funds on an annual basis with a report prepared for City Council review. (g) Applicability of fee requirement (1) This section shall apply to subdivision projects that are proposing the construction, addition, or interior remodeling of any residential project involving two (2) or more units. (2) This section shall not apply to projects which fall within one (1) or more of the following categories: (A) Projects which are already the subject of a development agreement currently in effect with the City, or of a disposition agreement, owner participation agreement, or memoranda of understanding with the San Juan Capistrano Community Redevelopment Agency, approved prior to the effective date of this section, and where such agreements or memoranda: (1) limit the _ application of fees in a manner which specifically precludes the fees which would otherwise be imposed by this section, or (2) provide alternative means of addressing the project contribution to very low and low income housing need,which means are quantitatively comparative to the fees herein; (B) Single room occupancy developments; (C) Residential additions which does not exceed more than fifty (50) percent of the existing square footage of the subject building that do not create an additional dwelling unit; (D) That portion of any development project located on property owned by the State of California, the United States of America or any of its agencies, with the exception of such property not used exclusively for state governmental or state educational purposes; (E) Any development project which has received a vested right to proceed without payment of housing impact fees pursuant to State Law, (F) Any construction which is for any general government purposes; City of San Juan Capistrano Land Use Code 9-5-7 November 15, 2002 Chapter 9.5 -Fees, Deposits, and Bonds (G) Qualified residential housing which provide housing units consistent with the provisions of this chapter; or (H) Relocation of existing historically significant structures to secondary locations within the City. Sec. 9-5.105 Major Thoroughfare and Bridge Fee _ (a) Prior to issuance of a building permit, the developer shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares. (b) Definitions (1) The term "construction" as used in this section includes preliminary studies, design, acquisition of right-of--way, administration of construction contracts, and actual construction. (2) The term "major thoroughfare" means those roads designated as transportation corridors and major,primary,secondary,or commuter highways on the Master Plan of Arterials Highways, the Circulation Element of the General Plan. The primary purpose of such roads is to carry through traffic and provide a network connecting to the state highways system. - (3) "Bridge facilities" means those locations identified in the transportation or flood control provisions of the Circulation Element or other element of the General Plan as requiring a bridge to span a waterway, a railway, a freeway, or a canyon. (4) "Area of benefit"means a specific area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project. (c) The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the City's General Plan or the General Plan of the County of Orange adopted at least thirty (30) days prior to the application for a building permit and on land located within the boundaries of the area of benefit. (d) Payment of fees shall not be required unless any major thoroughfares are in addition to,or a widening or reconstruction of, any existing major thoroughfares serving the area at the _ time of the adoption of the boundaries of the area cf benefit. City of San Juan Capistrano Land use Code 9-5-8 November 15, 2002 Chapter 9.5 -Fees, Deposits, and Bonds (e) Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. (f) Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the Director of Engineering and Building Services. The City Council shall set a public hearing for each proposed area benefitted. Notice of the time and place of said hearing,including preliminary information related to the boundaries of the area of benefit,estimated costs and the method of fee apportionment shall be given in accordance with Section 9-2.311 Appeals. (g) (1) At the public hearing the Ciy Council will consider the testimony,written protests, and other evidence. At the conclusion of the public hearing the City Council may, unless a majority written protest isfiled and not withdrawn as specified in paragraph (3) of this subsection (g), determine to establish an area of benefit. If established, the Ciy Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost,whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the City Clerk with the Orange County Recorder's Office. (2) Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the Gy Council shall make provisions for payment for the share of improvement cost apportioned to such lands from other sources. (3) Written protests shall be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half ('/2) of the area of the property to be benefitted by the improvement, the sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half('/2) of the area to be benefitted, then the proposed proceedings shall be abandoned,and the City Council shall not,for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing. (4) If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year,but the Ciy Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth.in subsection (f) of this section. City of San Juan Capistrano Land Use Code 9-5-9 November 15, 2002 Chapter 9.5 -Fees, Deposits, and Bonds (5) Nothing in this section shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protested against if it finds, by the affirmative vote of four-fifths (4/5) of its mennbers, that the owners of more than one-half ('/2) of the area of the property to be benefitted are in favor of going forward with such improvement or portion thereof. (h) Fees paid pursuant to this section shall be deposited ;in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such funds shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefitted and from which the fees comprising the fund were collected,or to reimburse the Ciy for the costs of constructing the improvement. (i) The Ciy Council may approve the acceptance of improvements in-lieu of the payment of fees established herein. (j) The Ciy Council may approve the advancement of money from the City's General Fund or — Road Fund to pay the costs of constructing the improvements covered herein and may reimburse the Ci y's General Fund or Road Fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this section. (k) If the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare,the Ciy Council may enter into a reimbursement agreement with the applicant. Such agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for costs not allocated to the applicant's property in the resolution establishing the area of benefit.If the bridge or major thoroughfare fund covers more than one project, reimbursement shall be made on a pro-rata basis reflecting the actual or estimated costs of the projects covered by the fund. City of San Juan Capistrano Land Use Code 9-5-10 November 15, 2002 Chapter 9.5 - Fees, Deposits, and Bonds Sec. 9-5.107 Parkland In-Lieu Fee Where a fee is required to be paid in-lieu of the dedication of land, the amount of such fee shall be based upon the average estimated fair market value for suitable park land in the City. Such average estimated fair market value shall be set by resolution of the City Council and it may be adjusted by the City Council to keep current with property appreciation. Sec. 9-5.109 Private Improvement Fees and Bonds The City Engineer shall collect fees and require bonds for private improvements as follows: (a) Fees Plan-checking fees and inspection fees shall be paid prior to the approval of plans. The amount of the fees shall be determined in the same manner as set forth for public improvements and as authorized by Section 9-5.101 Fees, Deposits, and Bonds and the _. resolution therein authorized and establishing the amount of fees. (b) Bonds A performance bond or surety device acceptable to the City Engineer shall be given to the City prior to the approval of plans.The amount of the bond or surety device shall be equal to the estimated construction costs of the private improvement subject to the City plan review and inspection as determined by the City Engineer. Such bond or surety device shall be held by the Ci y until the formal approval of the improvements by the City and written acceptance of the improvements is received from the persons or organizations responsible for the maintenance of the private improvements subject to City plan review and inspection. The City Engineer shall insure that bonds are not required by the EMA for private improvements for which the City has required such performance bond or surety device. City of San Juan Capistrano Land Use Code 9-5-11 November 15, 2002 Chapter 9.5 - Fees, Deposits, and Bonds Sec. 9-5.111 Sand, Gravel, and Mineral Extraction Fees and Bonds (a) Permit fees (1) Plan-checking and processing fees.With the submission of an application for a permit or whenever new plans are required to be submitted for review by the Department of Building and Engineering Services, a plan-checking and processing fee set by Ciy Council resolution. T (2) Permit and inspection fees. An annual fee in t]-ie amount set forth in this subsection shall be submitted to the Department of Building and Engineering Services on or before July 1 of each year to cover the costs of inspection for the subsequent fiscal year, except that the initial fee shall be prorated on the basis of the portion of the -- fiscal year remaining, with a minimum fee of $100.00. The annual permit and inspection fee shall be computed on the basis of the previous year's production from the site which the permit shall cover. (b) Conditional use permits, fees, and taxes All uses pertaining to the mining, quarrying, or commercial extraction of sand, gravel, rock, aggregate,clay,or similar materials on private property in the City shall require a conditional use permit. In addition: (1) A fee shall be paid for a mineral extraction permit at the time of the initial construction. (2) Business license taxes shall be paid as levied annually. (3) Mining taxes shall be paid and shall require a written statement setting forth the total amount of material extracted,regardless of whether or not all the material is usable, during the previous quarter of extraction. The fees and taxes required by this section shall be set by the Ciy Council by resolution. Such fees may be changed, amended, or deleted at any time by the City Council. (c) Bonds A corporate surety bond in the following form and arnounts shall be submitted by each applicant for a permit to perform any mining, quarrying, or commercial extraction of sand, gravel, rock, aggregate, clay, or similar materials on private property in the City: (1) Every bond shall be executed by the operator :For the faithful performance of the work to be undertaken and by a corporate surety insurer authorized to do business City of San Juan Capistrano Land Use Code 9-5-12 November 15, 2002 _ Chapter 9.5 -Fees, Deposits, and Bonds in the State as surety or, in-lieu thereof, a written agreement for such faithful