(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.
(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. 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.
(Ord. No. 869, § 2; Ord. No. 938, § 2, 2008)
The City’s designated 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
California 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:
(1)
Make structural inspections of residential and nonresidential construction
to ensure compliance with the latest adopted California Building Code
and other related Codes and laws,
(2)
Check plans and make inspections of construction work for conformity
with the latest adopted Mechanical Code, Electrical Code, and Plumbing
Code;
(d)
Review
the plans and process building permit applications for subdivisions,
create and assign official addresses, investigate complaints, and
conduct the follow-up of violations to this title, including serving
as courtroom witness; and
(e)
Issue
certificates of use and occupancy for all building construction and
modifications that may change the occupancy or building classification
of existing buildings.
(Ord. No. 869, § 2; Ord. No. 938, § 2, 2008)
Subject to the general control and supervision of the City Manager,
the Director of Public Works 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 Public Works under other laws and ordinance, City regulations,
and administrative provisions:
(a)
The
Director of Public Works is designated or his or her agent is designated
as the “Floodplain Administrator” and shall be vested
with the authority and responsibility to administer those provisions
to include administration, interpretation, decision making, violations
and permit review process within the Floodplain Administrator’s
authority under this Code.
(b)
Authorized
to administer the provisions of the State Subdivision Map Act for
tentative parcel maps, tentative tract maps, final maps, vesting tentative
maps, mergers, lot line adjustments and reversions to acreage.
(c)
Authorized
to review process and implement capital improvement projects to include
public improvement plans and outside agency development review.
(d)
The
Director of Public Works shall have the direct authority and responsibilities
wherever Chapters 1 through 5 reference the City Engineer.
(Ord. No. 869, § 2; Ord. No. 938, § 2, 2008; Ord. No. 1067, § 2, 2019)
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 designated representative is hereby appointed as the Environmental
Administrator. The Environmental Administrator shall develop and implement
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.
(Ord. No. 869, § 2; Ord. No. 938, § 2, 2008)
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 or designee shall be the reviewing authority for minor modifications to existing approvals or existing development, and minor expansions, additions or exterior alterations to existing development sites and structures in accordance with the procedures and provisions of Section 9-2.303 (Administrative Approvals).
(c)
The Planning Director shall be responsible for determining the applicable section(s) of this title that apply to specific development issues; for making interpretations of code requirements; for making determinations on unlisted uses in accordance with Section 9-3.203; and for making interpretations of district boundaries in accordance with Section 9-3.105.
(d)
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.
(e)
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.
(f)
The
Planning Director shall choose to refer any application described
in this article to the Planning Commission as the reviewing authority
when the Planning Director determines that:
(1)
The general public interest warrants such referral because the nature
or intensity of the project may cause impacts to surrounding areas
or the general public;
(2)
The applicant is not in agreement with staff’s recommendations
on the project;
(3)
Public input received on the project indicates a significant level
of community concern;
(4)
The Planning Commission has requested to review the project;
(5)
Or as otherwise determined to be warranted by the Planning Director.
(g)
When
any application described in this article is filed in conjunction
with, and is a part of, a project that requires Planning Commission
action on the related land use applications, such application shall
automatically be referred to the Planning Commission in conjunction
with the other pending applications.
(h)
Appeals. All determinations by the Planning Director may be appealed to the Planning Commission and ultimately to the City Council in accordance with Section 9-2.311, Appeals.
(i)
Overseeing
all the duties and responsibilities as prescribed for the Building
Official, whom he or she supervises.
(j)
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 be pending, the Director of Planning or his/her
designee 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.
(k)
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 Planning 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 Planning.
(Ord. No. 869, § 2; Ord. No. 938, § 2, 2008)
(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.
(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 applications as specified in this title;
(2)
To provide a method by which 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 by the
Planning Commission;
(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)
Variances. The Zoning Administrator shall have the authority to make determinations on variance applications, except that when any variance application is filed in conjunction with, and is a part of, a project that requires Planning Commission action on the related land use applications, such application shall automatically be referred to the Planning Commission in conjunction with the other pending applications. Procedures for reviewing and acting on variance applications shall conform to Section 9-2.351, Variances and Exceptions.
(2)
Time extensions. The Zoning Administrator shall have the authority
to act on requests for extensions of time for previously approved
applications that are in substantial conformance with the original
project approval, as provided in applicable provisions of Chapter
2, Article 3 of this Code.
(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
refer any application described in this article to the Planning Commission
when the Zoning Administrator determines:
(A)
That the general public interest warrants such referral because the
nature or intensity of the project may cause impacts to surrounding
areas or the general public;
(B)
The applicant is not in agreement with staff’s recommendations
on the project;
(C)
Public input received on the project indicates a substantial level
of community concern;
(D)
The Planning Commission has requested to review the project; or
(E)
As otherwise determined to be warranted by the Zoning Administrator.
(3)
When any application described in this article is filed in conjunction
with, and is a part of, a project that requires Planning Commission
action on the related land use applications, such application shall
automatically be referred to the Planning Commission in conjunction
with the other pending applications.
(4)
Public hearings and meetings. The Zoning Administrator shall hold
public hearings or meetings for applications as required by Chapter
2, Article 3 of this Code and shall set the time and place of such
hearings or meetings 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.
(Ord. No. 869, § 2; Ord. No. 938, § 2, 2008)
(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 shall 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. The conviction and punishment of any person hereunder
shall not relieve such person from the responsibility of correcting
prohibited conditions or removing prohibited buildings, structures,
or improvements, nor prevent the enforced correction or removal thereof.
(e)
The
Director of Public Works Services or his/her designees are hereby
authorized to notify, cite, and take legal action against any person
who is in violation of the provisions of this Code. The City Attorney
is authorized to institute any legal proceedings to enforce the provisions
of this Code.
(Ord. No. 869, § 2, as
amended by § 2 Exh. A, Ord. 938, eff. July 3, 2008)
