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)
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)