A gate-guarded neighborhood for new or existing areas shall be established within the City only after receiving City Council approval. Any person(s) or group desiring a gate-guarded neighborhood shall submit a detailed “Gate-Guarded Neighborhood Plan” to the Public Works Department for initial review. The plan shall provide the specified information and satisfy standards as set forth in this chapter. The plan shall not be processed until the Public Works Director has determined that all required information has been submitted with the plan application. An application fee shall be paid as set by City Council resolution.
(§ 1, Ord. 646)
(a) 
Identifiable area to be served. The plan shall present evidence demonstrating that the control gates will serve a well-defined neighborhood.
(b) 
Neighborhood support. The plan shall include a petition establishing a strong majority support for the concept. A benchmark of at least 75% of signatures of property owners residing within the neighborhood establishing written support for the plan shall be utilized by the City in determining whether there is a strong majority support for the plan. This criteria shall not apply to new development.
(c) 
Design and access standards.
(1) 
Required key system for gates. The plan shall provide for the installation of a master key override switch system as prescribed by the City of San Juan Capistrano. Extra copies of the master key shall be paid for by the applicant as a part of the application fee.
(2) 
Minimum setback. There shall be a 100-foot setback from the adjacent public street to the gate location. This requirement shall be treated as a general standard which may be decreased or increased based upon site and public health and safety considerations at the sole discretion of the City.
(3) 
Radius/turn-around. There shall be a twenty (20’) foot radius turn-around area to ensure unrestricted access to and from the gate area and public street system. This requirement shall be treated as a general standard which may be decreased or increased based upon site and public health and safety considerations at the sole discretion of the City.
(4) 
Fire District review. The Fire District shall be asked to make their review and recommendations on any proposed plan.
(5) 
Other topographical considerations. The Public Works Department shall review the plan for other site and topographical layout considerations to ensure that the design of the gate system does not create health and safety hazards.
(6) 
Public facilities. The proposal will not block or inhibit access by the public to public, or quasi-public, facilities such as parks, schools, hiking and biking, and equestrian trails, etc.
(d) 
Utility coordination. The plan shall show the layout of adjacent utility facilities. Any utilities which are in conflict with the proposed gate system shall be relocated at the proposer’s expense.
(e) 
Financial plan. The proposer of the plan shall submit a financial plan establishing that the gate-guarded facility shall be adequately maintained on a permanent basis.
(f) 
Architectural and landscape plans, indicating materials, colors, construction details, lighting, signs, landscaping and pavement treatments shall be submitted for review by the Director of Planning or his designee to determine consistency with the Community Design Element of the General Plan and the City’s adopted Architectural Design Guidelines. No building permits shall be issued until such determination is made.
(§ 1, Ord. 646, as amended by § 2, Ord. 754)
(a) 
Vacation procedure. Where a gate-guarded neighborhood plan includes a request that the City vacate a public street, the following provisions shall apply:
(1) 
Pursuant to Streets and Highways Code Section 8300 et seq., the City Council will conduct a noticed public hearing on whether a vacation of the public street(s) should be approved. The City Council reserves sole discretion to approve, conditionally approve, or deny any plan request.
(2) 
Pursuant to Streets and Highways Code Section 8323, public streets may not be vacated unless the City Council finds and determines that the public street in question is no longer necessary for present or prospective public use.
(3) 
In determining whether to vacate a public street as a part of a gate-guarded neighborhood plan, the City Council will take into consideration the aesthetic and social impacts arising from the proposed vacation of public street(s) as part of the specific request under review.
(4) 
The proposal will not block or inhibit access by the public to public, or quasi-public, facilities such as parks, schools, hiking, biking, equestrian trails, etc.
(5) 
The City will impose conditions on the vacation of a public street, such as reservation of public easements, where appropriate.
(b) 
Revocation of vacation of public street. The City Council reserves the right to conditionally approve a vacation of a public street in a manner that will allow the City to revoke the vacation of the street if the plan proponent fails to abide by conditions of approval, or the plan implementation is otherwise found to create a public health and safety hazard.
(§ 1, Ord. 646)
Notwithstanding the standards set forth in this chapter, the City Council may make exceptions to one or more of the design standards set forth in Section 8-13.102 if it finds that:
(a) 
There would be no health or safety hazard created by the waiver of the design standard; and
(b) 
Unique topographical features, including the size of the neighborhood, justify waiver of one or more of the design standards.
(§ 1, Ord. 646)
(a) 
Public Works Department as lead agency. The Public Works Department shall receive and certify the gate-guarded neighborhood plan as complete. The Department shall then review the application for its compliance with the design standards. The Department shall also request comments and recommendations from the Department of Community Planning and Development and the City Manager’s office as to any issue of concern, including aesthetic and social impacts arising from the proposal.
(b) 
City Council review. The City Council reserves sole discretion to grant or deny a plan application. The City Council shall conduct a public hearing on any application for a gate-guarded neighborhood plan.
Any plan entailing a proposal for vacation of public streets shall be subject to the notice and hearing provisions of Streets and Highways Code Section 8300 et seq.
The Public Works Director and any other affected department shall make a recommendation to the City Council as to whether the plan shall be approved, conditionally approved, or denied.
The City Council shall not approve any proposal unless it finds in writing that all design and related criteria set forth in this chapter have been satisfied and that the approval of the plan promotes the health, welfare and safety of the community.
(§ 1, Ord. 646)