(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 Plan. 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, or may deny or recommend denial of the proposal based on inconsistency with the General Plan. 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 9-2.351) and approval or denial. The reviewing 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 reviewing 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 reviewing
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, 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.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
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, but may not exceed the maximum designated on the General Plan 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 in accordance with this section.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(a)
Statement
of intent. The people of the City of San Juan Capistrano declare that
the preservation of open space within the City has been and continues
to be a high priority for the community. Land designated by the City’s
General Plan as open space land should not be changed to other allowable
land uses without voter review and approval at a citywide election.
Accordingly, this section is intended to require voter approval of
proposed changes to City General Plan designated open space land in
accordance with the procedures of this section.
(b)
Voter
approval for General Plan Open Space designation changes. After the
legally effective date of this section, any pending or future proposed
General Plan designation change for any land designated for as “Open
Space” to another allowable land use shall not become legally
effective unless the proposed General Plan change is approved by the
City electorate at the time of a City general or special election,
or other state-side election held pursuant to Elections Code Section
1000. This section applies only to changes in General Plan designations
as described in this section.
This voter approval requirement is intended to preclude any
form of amendment to any existing General Plan designated open space
parcel by any future City Council by a process of change or amendment
to “definitions” or other statement of permissible uses
presently describing authorized uses under the Open Space designation
of the General Plan, unless such change or amendment is submitted
to and approved by a vote of the people.
(c)
Normal
planning process is applicable to General Plan designation changes
prior to holding an election. A Citywide election on the question
of whether to approve a General Plan Open Space designation change
shall not be ordered until the General Plan amendment application
is first processed before the Planning Commission and City Council
in accordance with Municipal Code and State Planning Law requirements,
and the City Council has formally approved the General Plan designation
change by adoption of an appropriate resolution.
(d)
Timing
and cost of election.
(1)
Should it be necessary to conduct an election pursuant this section,
the City Council may order the election to be held on a City general
election date, other statewide general election date provided for
under Elections Code Section 1000, or special election date;
(2)
The City shall bear the cost of ballot measure at a City general
election. The applicant shall bear the full cost of the election if
the applicant has requested that the ballot measure be held on a statewide
election or special City election date.
(e)
Future
amendments. Pursuant to Elections Code Section 9217, this section
may not be amended or repealed unless such amendatory or repeal proposal
is submitted to a vote of the people.
(Ord. No. 940-A, § 1,
2008)
(a)
Except
as hereinafter provided, buildings or structures shall be erected,
reconstructed, structurally altered, enlarged, moved or maintained,
and buildings, structures, or land shall be used or designed to be
used, only for uses permitted in the zone in which such buildings,
structures or land is located, and then only after applying for and
securing all permits and licenses required by all applicable laws
and ordinances.
(b)
No
parcels of land shall be reduced in any manner below the minimum lot
area, size, or dimension specified in the zone district in which the
parcel is located.
(c)
Lot
area shall not be so reduced or diminished that the required yards,
open space or lot area shall be smaller than prescribed in this Code,
nor shall population density or intensity of the use be increased
in any manner except in conformity with the regulations established
herein.
(d)
Yards
or other open spaces required around an existing building, or which
are hereafter provided around any building for the purpose of complying
with the provisions of this Code, shall not be considered as providing
a yard or required open space on an adjoining lot whereon a building
is to be erected.
(e)
If
two or more parcels of land or portions thereof are being combined
in order to create a building site which will more nearly meet the
lot area requirements set forth herein, said parcels shall be deemed
as having met the lot area requirements of this Code provided that
the resulting lot shall not be less than 80% of the lot area required
by the applicable zone district at the time the lots are combined.
(f)
If
a lot or parcel of land has not less than the required area, and after
the creation of such lot or parcel of land a part thereof is acquired
for public use exclusively, in any manner including dedication, condemnation,
or purchase, and if the remainder of such lot or parcel of land has
not less than 80% of the required area, then such remainder shall
be considered as having the required lot area for zoning purposes.
(g)
Required
setbacks and yard areas shall be measured from the property line,
right-of-way (public or private), or easement dedicated for trail
purposes. No portion of an adjacent public or private right-of-way
or trail easement may be used to calculate lot area, setbacks, or
open space for the purpose of meeting the zoning requirements of this
Code.
(h)
Distance
between structures, or between a structure and any property line,
setback line, or other line or location prescribed by this Code, shall
be measured to the exterior face of the nearest wall or vertical support
of each structure.
(i)
When
a portion of a lot or parcel of land is sold or transferred and as
a result of such sale or transfer one or more parcels are created
that no longer conform to the lot requirements of this Code, then
the portion sold or transferred and the remainder shall be considered
as one lot for zoning purposes in determining the permissible number
and location of any buildings or dwellings on said lot.
(j)
In
cases of uncertainty regarding determination as to the location of
front, side, and rear lot lines, the Planning Director shall determine
these designations.
(Ord. No. 938, § 2, 2008; Ord. No. 1082, § 6, 2021; Ord. No. 1112, § 4, 2023)
