(a)
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.
(b)
No
person shall undertake, conduct or use, or cause to be undertaken,
conducted or used, any development project(s) which requires approval
of a development application pursuant to this article, without having
first complied with the applicable provisions of this article.
(c)
Preliminary
development review. An applicant may submit materials for and attend
a preliminary development review conference with City staff to evaluate
a development proposal, prior to submitting a formal application.
The purpose of this conference is to acquaint the applicant with zoning
requirements, applicable policies and procedures, standards, and design
guidelines applicable to the proposed project, and to identify any
significant development opportunities or constraints on the site.
Application for a preliminary development review shall be made at
the Planning Department and shall be accompanied by the appropriate
fee as adopted by the City Council. The applicant shall submit development
plans and other applicable materials showing proposed land uses and
structures, access, setbacks, open space, public improvements, characteristics
of the site, and other pertinent information. The conceptual development
plan shall include sufficient information about the site and the proposal
to permit the City to evaluate development issues on the site. This
review shall not be construed as approval of a development project,
is not subject to the Permit Streamlining Act (Government Code Section
65920 et seq.), and may not be appealed.
(d)
Applications
for all land use decisions shall be made to the Planning Department
on forms available from the department. Each application for a land
use decision shall be accompanied by such information and materials
deemed necessary by the department and as listed in the application.
Concurrent with the submittal of an application, a fee and/or deposit
shall be paid, in the amount determined by resolution of the City
Council and other applicable agencies, to cover the cost incurred
by the City in the processing of the applications. Any application
for a land use decision that does not meet the requirements set forth
in the application or for which a fee was not submitted may be deemed
incomplete or not accepted for filing.
(e)
Except
as otherwise specified in this Code, the applicant for any application
made pursuant to this Code must be a person who has a legal interest
in the property that is the subject of the application. The application
must be signed by all record owners of the property, except that the
owner(s) may designate an authorized agent to submit and process the
application on their behalf provided that a notarized affidavit, signed
by all property owners of record, is submitted with the application
indicating the identity and contact information for the owner’s
authorized agent. The City Council may initiate applications for General
Plan Amendments and revisions to this Land Use Code and the Official
Land Use Map, pursuant to the applicable sections of this Code.
(f)
All
development projects that are subject to the California Environmental
Quality Act (CEQA) shall be reviewed by the Environmental Administrator
for conformance with State and City CEQA Guidelines.
(g)
When
more than one land use decision is required for a single project,
all applications may be filed and processed concurrently.
(h)
The
following time limits are established for accepting land use applications
as complete, unless otherwise required or authorized by applicable
laws:
(1)
Any application for a permit or entitlement pursuant to this Code
must be accepted as complete for processing by the Planning Department
in order to initiate the official review process. Standard submittal
requirements for each permit outlining the form and content of a complete
application shall be established by the Planning Director. In addition
to the standard submittal requirements, the Planning Department may
request, in writing, information necessary for the complete analysis
of an application. All required materials, information, and fees shall
be provided by the applicant before the application is deemed complete
for processing.
(2)
Within 30 calendar days after receipt of an application, the Planning
Department shall review the application and determine if it is complete
for processing, and shall notify the applicant of such determination
in writing.
(3)
In the event an application is determined not to be complete within
the time frame specified in this section, written notice shall be
provided to the applicant specifying those portions of the application
that are incomplete. Said notice shall also indicate the information
and/or plans necessary to make the application complete. Upon receipt
of the required items by the Planning Department, the information
shall be reviewed for completeness and a determination of completeness
shall be made within 30 calendar days; such determination shall be
transmitted to the applicant in writing.
(4)
If a written determination regarding application completeness is
not provided to the applicant within the time periods specified in
this section, the application shall be deemed complete for the purposes
of application processing. The Planning Director or designee and the
applicant may mutually agree to a reasonable extension of these time
limits, as permitted by State law. The Streamlining Act does not begin
until the (CEQA) process is completed.
(5)
After a determination that an application has remained incomplete
for a period of 90 days after written notification of incompleteness
is transmitted to the applicant by the Planning Department and a determination
that the required items have not been submitted within that period
of time to complete the application submittal, the Planning Department
may return any unused application materials to the applicant and refund
any unexpended portion of the application fee; provided, however,
that the applicant and the Planning Director may mutually agree to
an extension of time for submittal of remaining incompleteness items.
(i)
Time
limits for rendering land use decisions. Applications for development
projects shall be approved or disapproved within the time limits set
forth by California Government Code Section 65950 et seq. and the
applicable provisions of the California Environmental Quality Act,
as they may be amended from time to time. Applications for subdivisions
shall be processed in accordance with the legal time limits established
by the Subdivision Map Act (California Government Code 66410 through
66499.58). When a land use application decision is contingent on approval
of another application which requires legislative action, such as
a General Plan amendment or rezone, the time limits specified by this
section shall commence on the effective date of the last such legislative
action on which that land use application is contingent.
(j)
Decisions
by the reviewing authority.
(1)
A reviewing authority may refer a request for a land use decision
to the reviewing authority designated as the appeal body for that
type of land use application. In such cases, the referring authority
shall prepare a written report containing the reasons for referring
the land use decision.
(2)
Prior to rendering a land use decision, the reviewing authority shall
address each of the required findings or criteria that apply to the
application type as described in this Code. Evidence or testimony
shall be given to substantiate the reviewing authority’s determination
on each of the findings applicable to the case being considered, and
shall be specifically cited in the action taken by the reviewing authority.
(3)
The reviewing authority may take an action of denial without prejudice
on a land use application. Such action shall allow the applicant to
reapply for the same permit immediately upon the effective date of
the decision except as otherwise specified in this Code.
(4)
In approving an application for a land use decision, the reviewing
authority may establish reasonable conditions to its approval that
are found to be necessary to protect the public health, safety, and
general welfare. Where the use proposed, the adjacent land uses, environmental
significance or limitations, topography, traffic circulation, infrastructure
or other conditions is found to so require, the reviewing authority
may establish more stringent regulations than those otherwise specified
for the applicable zone district in which the project site is located.
(5)
For legislative actions such as General Plan amendments, comprehensive
development plans, rezones, and development-related ordinances, the
Planning Commission shall review and make a recommendation to the
City Council as the final reviewing authority.
(6)
City staff reports on land use decisions and zoning matters shall
be made available to the public prior to any public hearing or meeting
on the matter and shall be presented and made a part of the public
record.
(k)
Effective
date of land use decisions.
(1)
Ordinances approving land use decisions shall become effective 30
days after the second reading of the ordinance, unless some other
date is specified within the ordinance.
(2)
Land use decisions made at a public hearing or meeting shall be effective
on the fifteenth day after the decision date, except when the fifteenth
day is not a City business day in which case the decision shall become
effective on the next City business day following the fifteenth day.
(3)
Land use decisions made by administrative action shall become effective
on the fifteenth day after the written notice of the land use decision
has been deposited in the U.S. mail, except when the fifteenth day
is not a City business day in which case the decision shall become
effect of the next City business day following the fifteenth day.
(4)
Land use decisions which are made contingent upon approval of one
or more legislative actions, such as a General Plan amendment and
rezone, shall become effective on the date when the approval of the
last such application to which they are subject becomes effective.
(l)
Modifications to land use approvals. Minor modifications to the approved site plan or conditions of approval for a development project may be approved by the Planning Director as an Administrative Approval pursuant to Section 9-2.303 of this Code. However, should the Planning Director determine that the proposed modification(s) may have a significant impact on the site or surrounding properties, the Planning Director may require submittal of an application and approval of a major modification to the original project approval. In the latter case, the review procedures for the requested major modification(s) shall be those that were applicable to the project when originally reviewed.
(m)
Approval
period for conditional land use approvals.
(1)
Unless all conditions have been complied with and the occupancy,
use or division of land authorized by the land use decision has been
inaugurated or been recorded within the time specified for each land
use application type within this Code, the land use decision shall
become null and void. For the purposes of this section, the term “inaugurated”
shall mean that applicable grading and building permits have been
issued, and that substantial work has been performed and substantial
liabilities have been incurred in good faith reliance on such permits.
(2)
Where circumstances warrant, the reviewing authority may grant an
extension of time for a conditional land use approval. The length
of such extension shall be determined by the reviewing authority based
on the limitation specified in this Code, but in no case shall a conditional
land use decision be extended for a total approval period exceeding
three years unless otherwise provided by State law. The reviewing
authority of an application for an extension of time on a previously
approved development project shall be the authority which is specified
in the applicable sections of this article, except where such application
was approved on appeal, in which case the reviewing authority shall
be the appeal body. All requests for a time extension shall be submitted
in complete form no less than 60 days prior to the expiration date
and must be deemed complete by the City by the expiration date or
the project approval will be deemed to have expired; provided, however,
that the applicant and the Planning Director may mutually agree to
an extension of time for submittal of remaining incompleteness items
for a time extension request.
(3)
Approval of capital improvement projects of the City shall not be
subject to a time limitation unless specific time limits are included
within conditions placed upon the project’s approval. Extensions
of time may be granted as provided herein.
(n)
Preconstruction
conference. The City may request that a project applicant or developer
attend a preconstruction conference prior to the issuance of grading
and/or construction permits for a conditionally approved development
project. The purpose of this conference is to acquaint the contractor
with the requirements, policies, and procedures of the City; to identify
special conditions of approval and/or mitigation measures which must
be addressed at the construction state; and to familiarize City staff
with anticipated construction schedules, personnel, haul routes, staging
areas, and other aspects of construction.
(o)
Final
clearance. Final clearance from the Planning Department shall be granted
for new construction or development only after any new buildings,
enlargements, or alterations have been completed in conformity with
the provisions of this Code, and with any approved site development
plans and required conditions, and when the proposed use conforms
to the zoning and General Plan and other applicable City requirements.
(Ord. No. 938, § 2, 2008)
(a)
When
a provision of this title or other applicable ordinance of the City
of San Juan Capistrano or State law requires notice to the public
of a proposed land use decision, notice shall be provided pursuant
to this section. Notice may be given in such other manner as is required
by State law or deemed necessary or desirable by the Planning Director.
If the Planning Director determines that the notification area should
be expanded based upon the nature and intensity of the project and
its potential impact on surrounding properties or neighborhoods, the
applicant shall submit additional mailing labels as part of the application
submittal package.
(b)
Notice
shall be given by first class mail to any person who has filed a written
request for such notice.
(c)
“Surrounding
property,” for the purposes of this section, shall be defined
as those properties that fall within a radius drawn from the nearest
limits of the property that is the subject of the land use application.
For applications requiring notice to surrounding properties, all properties
subject to City Council Resolution No. 07-09-04-01 shall be noticed
as may be amended from time to time, except that the Planning Director
may expand the surrounding property notice requirement if deemed necessary
to include all properties potentially affected by the application.
(d)
“Contiguous
property,” for the purpose of this section, shall be defined
as those properties which touch property lines of any parcel that
is the subject of a land use decision, including those properties
which touch said property lines of the subject parcel when projected
across public or private rights-of-way and easements.
(e)
A
one-eighth page display advertisement in a newspaper of general circulation
within the City may be substituted for individual property owner notice,
whenever the individual notice would require notification of 1,000
or more property owners.
(f)
Whenever
a public hearing is required by provisions of this Title 9, the following
procedures shall be followed:
(1)
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 10 calendar
days before the hearing by posting at three public places in the City.
Said public places shall be designated by City Council resolution.
(2)
Mailing. Notice containing the information specified in subsection
(f)(1) of this section shall 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. Notice shall also be mailed or delivered
to each local agency expected to provide schools or other essential
facilities or services to the project, whose ability to provide those
services may be significantly affected.
(3)
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 10 calendar days before the hearing.
(4)
Notice contents. The notice shall include the date, time, and place
of the public hearing, the identity of the hearing body or officer,
a general description of the matter to be considered, a general description
of the location of the real property (if any) that is the subject
of the hearing, and whether a negative declaration or environmental
impact report has been prepared.
(5)
Surrounding property notification. 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 owners of surrounding property
as described in subsection (c) of this section. In cases where the
public hearing concerns a request for animal keeping or beekeeping
on a specific parcel or parcels of land within allowable residential
zoning districts, such notice shall be mailed or delivered to the
owner(s) of the parcel(s) in question (if different from the applicant)
and contiguous property owners as described in subsection (h) of this
section.
(g)
Whenever
a public meeting is required by provisions of this Title 9, the following
procedures shall be followed:
(1)
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 public places in the City.
Said public places shall be designated by City Council resolution.
(2)
Mailing. Notice containing the information specified in subsection
(g)(1) of this section shall 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.
(h)
Whenever
an administrative action is taken on a land use application for which
neither a public hearing nor a public meeting is required but for
which this Code requires notice to contiguous property owners, the
following procedures shall be followed:
(1)
The Planning Department shall provide mailed notice to contiguous
property owners and any other owners of property which, in his/her
determination, have the potential to be affected by the proposed project,
no later than 10 days prior to the decision date.
(2)
Notice shall include information about the proposal, the location
of the project site, the environmental review process and proposed
findings pursuant to the California Environmental Quality Act, the
date of the proposed decision, and contact information for the reviewing
authority.
(Ord. No. 938, § 2, 2008; Ord. No. 1076, § 4, 2020)
(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 projects identified under this
section to the Design Review Committee for recommendation prior to
final approval, upon determining that input from the Design Review
Committee is warranted based on proposed design, colors, materials,
massing, architectural style, compatibility with surrounding properties,
landscaping, lighting, signage, or other similar design feature. The
following items are hereby delegated to the Planning Director or designee
for review and approval:
(2)
Awnings in all nonresidential 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 10% of the gross floor area of the
existing building or 1,000 square feet, whichever is less, provided
that the Planning Director finds that the expansion: (A) will not
change the use or density of the project and that all required parking,
landscaping, open space and setbacks and other required features are
maintained or provided on the site; (B) will not result in new or
additional environmental impacts pursuant to CEQA; (C) conforms to
all applicable Code requirements; (D) is consistent with the City’s
design guidelines and the character of the existing development or
land use approval with respect to architectural style, colors, materials,
massing, scale, and other design features;
(4)
Minor modifications to existing development projects or approvals,
provided that the Planning Director finds that the minor modification:
(A) does not change the use, intensity, or density of the project;
(B) does not result in new or additional environmental impacts pursuant
to CEQA; (C) does not deviate from applicable Code requirements; (D)
is consistent with the City’s design guidelines and the character
of the existing development or approval with respect to architectural
style, colors, materials, massing, scale, landscaping, lighting, and
other design features. Proposed minor modifications to colors, windows
and doors, landscape palette, signage, lighting, and other design
features shall be routed to the Design Review Committee for review,
whenever the Planning Director determines that the modifications may
change the visual character of the building or site;
(5)
Minor modifications to grading plans or grading of existing lots,
pursuant to the Section 9-4.423(b);
(6)
Equestrian shows and exhibits as permitted in compliance with the provisions under Section 9-3.515, Equestrian Standards;
(7)
Exterior lighting as permitted in individual districts in compliance with the provisions of Section 9-3.529, Lighting Standards;
(8)
Fences exceeding maximum height requirements provided they are in compliance with the provisions of Section 9-3.517, Fences, Walls, and Hedges;
(9)
Home business permit applications that comply with the provisions of Section 9-3.523, Home Business;
(10)
Minor modifications to approved tentative tract or parcel maps, pursuant
to Section 9-4.423(b);
(11)
Outdoor dining, provided that a finding is made that adequate parking
is provided for the outdoor dining use;
(12)
Outdoor display of merchandise and product display for an existing building provided that such outdoor display complies with the provisions under Section 9-3.549, Storage and Display;
(13)
Outdoor storage as permitted in individual districts in compliance with the provisions under Section 9-3.549, Storage and Display;
(14)
Roof eaves and gables on accessory structures in excess of 12 inches, measured from the vertical side of the unit, in compliance with Section 9-3.501, Accessory Uses and Structures;
(16)
Special activity permit applications in compliance with the provisions of Section 9-3.547, Special Activities;
(17)
Minor alterations to structures listed on the Inventory of Historic
and Cultural Landmarks (IHCL) consisting of replacement or modification
of doors and windows; the addition of first floor porches and decks;
the replacement of roofing material or building siding; minor improvements
to landscaping, hardscape, walls, fences, arbors, and other landscape
features; and similar minor site or building alterations, provided
that any such alteration has been reviewed for conformance with the
Secretary of the Interior’s Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring,
and Reconstructing Historic Buildings (1995, Weeks and Grimmer).
(b)
Application completeness. The Planning Director shall prescribe the type and form of information required to process an administrative approval, provided that during the review process other information may be required by the Planning Director or other reviewing authority to complete the review process. 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 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)
Process. Upon receipt of a complete application form and all supporting information, the Planning Director shall review and evaluate the application based on the applicable provisions of this Land Use Code and shall approve, deny, approve subject to modifications or conditions, or refer the project to the Planning Commission for review and action pursuant to Section 9-1.109(f). When determined to be warranted based on the nature or intensity of the project, the Planning Director shall provide mailed notice to contiguous property owners and any other owners of property which, in his/her determination, have the potential to be affected by the proposed project, no later than 10 days prior to the decision date, pursuant to Section 9-2.302(h). Said notice shall include information about the proposal, the location of the project site, environmental determination, date of the proposed decision, and contact information for the Planning Department.
(d)
Time
limit for implementation. An administrative approval that modifies
a prior land use approval (such as an architectural control modification)
shall be valid until the expiration date of the approval that it modifies,
and may be extended concurrently with any extensions granted for the
concurrent approval(s). For other administrative approvals, the Planning
Director may establish an expiration date, where deemed appropriate,
not to exceed an initial approval period of 12 months, during which
time the use or improvement that is the subject of the administrative
approval must take place. One time extension not to exceed an additional
12 months may be granted by the Planning Director for an administrative
approval filed with no other applications, provided that no substantial
changes have been made to the approved plan and that all the original
findings and conditions of approval are determined by the Planning
Director to remain valid.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(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. An action by
the City Council to initiate a General Plan Amendment study shall
not be interpreted as an intent to adopt such an amendment, and is
considered to be a feasibility study and not a project pursuant to
CEQA.
(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 times during any calendar year.
(c)
Minimum
vote requirement. Pursuant to Government Code Section 65356, no General
Plan amendment shall be enacted unless the City Council votes by three
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 affirmative votes of its membership,
a lack of an affirmative recommendation shall be treated as a recommendation
for denial and the matter shall be forwarded to the City Council for
final action.
(d)
Review
procedure. Following City Council acceptance of one or more General
Plan amendment petitions for consideration, the procedure set forth
in this section shall be used to process the General Plan Amendment.
(1)
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.
(2)
Environmental review of the proposal shall be conducted in accordance
with the City’s adopted CEQA Guidelines and applicable State
law.
(3)
Notice of the proposed General Plan amendment shall be provided to
affected service providers, utility companies, adjacent cities, school
districts, the Native American Heritage Commission, and other entities
as required by California Government Code Section 65352.
(4)
The proposed General Plan amendment shall be forwarded to City commissions
and boards for review, as deemed appropriate by the Planning Director.
(5)
The Planning Commission shall consider the proposed General Plan amendment at a noticed public hearing pursuant to Section 9-2.302(f). The Planning Commission shall adopt a resolution recommending final action on the General Plan amendment to the City Council, including findings supporting their recommendation.
(6)
The City Council shall consider the proposed General Plan amendment at a noticed public hearing pursuant to Section 9-2.302(f). The City Council may approve, deny, or modify the proposed amendment, provided however that any significant revision to the proposed amendment shall be sent back to Planning Commission for review and recommendation within 45 days. Failure of the Planning Commission to review and make a recommendation on the City Council’s proposed revision to the General Plan Amendment shall be considered a recommendation for approval.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(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)
Decision
making authority. The City Council may amend the Land Use Code text
by adoption of an amending ordinance in accordance with the procedures
set forth in this section. A Land Use Code text amendment adopted
by the City Council shall be incorporated into the text of this Land
Use Code.
(c)
Initiation
of application. Land Use Code text amendments may only be initiated
by the City Council. City commissions, boards, City staff, or any
interested private party may petition the City Council to initiate
consideration of a text amendment, provided that if the amendment
is directly related to a parcel of land, all the owners or authorized
agents of the owners of said property must submit the petition.
(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 amendment applications
shall be processed in accordance to the procedures set forth in this
section.
(1)
Environmental review of the proposal shall be conducted in accordance
with the City’s adopted CEQA Guidelines and applicable State
law.
(2)
The proposed Land Use Code amendment shall be forwarded to City commissions
and boards for review and recommendation, as deemed appropriate by
the Planning Director.
(3)
The Planning Commission shall consider the proposed Land Use Code amendment at a noticed public hearing pursuant to Section 9-2.302(f). The Planning Commission shall adopt a resolution recommending final action on the General Plan amendment to the City Council, including findings supporting their recommendation.
(4)
The City Council shall consider the proposed Land Use Code amendment at a noticed public hearing pursuant to Section 9-2.302(f). The City Council may approve, deny, or modify the proposed amendment; provided, however, that any significant revision to the proposed amendment shall be sent back to Planning Commission for review and recommendation within 45 days. Failure of the Planning Commission to review and make a recommendation on the City Council’s proposed revision to the General Plan amendment within 45 days shall be considered a recommendation for approval.
(5)
Following the denial of an application for a Land Use Code amendment,
an application for the same or substantially same amendment shall
not be accepted within one year of the date of denial, except as initiated
by the City Council.
(e)
Findings.
Prior to taking an action to approve or recommend approval of a Land
Use Code amendment, the reviewing authority shall find that all of
the following findings can be made:
(1)
The proposed Land Use Code amendment conforms with the goals and
policies of the General Plan;
(2)
The proposed Land Use Code amendment is necessary to implement the
General Plan and to provide for public safety, convenience, and/or
general welfare;
(3)
The proposed Land Use Code amendment conforms with the intent of
the Development Code and is consistent with other applicable related
provisions thereof; and
(4)
The proposed Land Use Code amendment is reasonable and beneficial
at this time.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(a)
Prior
to its effective date, any land use decision made in accordance with
the provisions of this Code by a reviewing authority other than the
City Council may be appealed in accordance with the procedures in
this section. The Planning Commission shall consider appeals regarding
land use decisions made by the Zoning Administrator, Planning Director,
or designee. The City Council shall consider actions by any City commission,
board, or committee regarding land use decisions.
(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 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 affected by the decision on the application may file
an appeal within the 15 day appeal period upon submittal of the required
application and filing fee. 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 of sufficient detail to allow adequate
analysis of each appeal. Once an appeal is received by the City Clerk,
the appeal application will 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 herein. 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.
(e)
Findings
for determining completeness. In reviewing the application for completeness,
the City Clerk shall make a determination that the appeal is or is
not valid. If the appeal is not valid, the City Clerk will return
the application and filing fee to the appellant. In making this determination
the City Clerk shall make the following findings:
(f)
Within
30 days of the acceptance of an application for an appeal of a land
use decision (except where otherwise provided in the Subdivision Map
Act), the Planning Director or City Clerk shall establish a hearing
date and shall give notice of the date, time, and place of the hearing
to the appellant, the applicant, and to any other party who has requested
in writing to be so notified. In addition, notice shall also be given
in the same manner as notice was given for the land use decision being
appealed.
(g)
Within
45 days of acceptance of a complete and valid appeal application,
the appeal shall be heard by the appropriate hearing body; said hearing
body may continue consideration of the item from time to time.
(h)
Any member of the Planning Commission or City Council who appeals a land use decision as an individual pursuant to this section shall abstain from participating as a member of the hearing body, but may provide written or oral testimony on the matter to the hearing body in the same manner as, and in the time provided for, other members of the general public. Any member of the City Council may be considered an affected individual for purposes of subsection (c) above. In addition, the City Council may, on its own motion within 15 days following the final action or decision by a City commission, board, committee, staff, or other City body, elect to review and consider such decision pursuant to, and in compliance with this section; provided that an application for appeal need not be filed by the City Council, or any member thereof, when the City Council elects, by majority vote on its own motion, to review and consider such decision. The City Council, upon its motion to review and consider the decision below, shall state the reasons for its decision to review the decision below.
(i)
Upon
hearing the appeal, the appeal body shall consider the record and
such additional evidence as may be offered, and may affirm, reverse,
or modify, in whole or in part, the order, requirements, decision,
determination, interpretation, or ruling being appealed, or may make
or substitute such other or additional decision or determination as
it may find warranted under the provisions of this Code, the General
Plan, or other City requirements or standards. The appeal body is
subject to all of the criteria and requirements for making findings
imposed upon the original reviewing authority, including the requirements
to complete environmental review. The appropriate authority shall
forthwith transmit a copy of the decision to the applicant, appellant,
and in the case of a City Council decision, to the Planning Commission.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(a)
Projects
subject to architectural control (AC) review. AC review shall be conducted
for every project proposing:
(1)
New construction of commercial, office, industrial, institutional,
recreational, or other nonresidential development and/or use;
(2)
Residential projects with a gross density of eight units per acre
and/or that propose new construction of three or more dwelling units
on a lot, parcel, or development site;
(3)
Substantial modification of an existing or previously approved development
project which was originally subject to AC review, or expansion of
such project by over 10% of the original floor area or 1,000 square
feet, whichever is less;
(4)
Change of use within an existing or previously approved development
project subject to AC approval that would intensify the use so as
to trigger additional requirements for parking, building occupancy,
exiting, rooftop equipment, doors and windows, vehicular or pedestrian
access, or other modifications as determined by the Planning Director
to require new AC approval;
(5)
Conversion of a residential structure to a nonresidential use;
(6)
Project entry designs, slope landscaping, walls and fencing plans,
and production home designs for residential projects approved by tentative
tract map;
(7)
Area plans, when required by a Comprehensive Development plan or
Specific Plan.
(b)
Architectural
control review process.
(1)
Each applicant for an AC review shall submit information deemed necessary to complete environmental review and the consideration of the application itself, along with the required fee or deposit as established by City Council resolution. 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. A preliminary development review meeting between City staff and the applicant may be conducted prior to filing of the formal application, pursuant to Section 9-2.301(c).
(2)
Once an application is received by the Department of Planning Services, the application will be reviewed for completeness and processed pursuant to the timelines established in Section 9-2.301. The application shall be accompanied by the required number of site plan maps, floor plans, elevations, and documentation on site conditions as required by staff to review the proposal.
(3)
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, which may
be processed concurrently with the AC review.
(4)
The Planning Director may forward the AC application to the Design
Review Committee for recommendations on design issues; the Traffic
Commission for recommendations on circulation and traffic issues;
the Cultural Heritage Commission for recommendations on historical
structures, districts or programs; and/or the Park, Recreation and
Equestrian Commission for recommendations regarding trail and park
issues, prior to scheduling the AC application for public hearing
by the Planning Commission.
(5)
The reviewing authority for an AC application shall be the Planning
Commission, or the City Council on appeal.
(6)
Notice of public hearing shall be given pursuant to Section 9-2.302(f).
(c)
Findings.
In order to approve an architectural control application, the reviewing
authority shall make the following findings:
(1)
The proposed use and design of the project comply with all applicable
provisions of Title 9 of the San Juan Capistrano Municipal Code and
any applicable specific plan or comprehensive development plan;
(2)
The proposed use and design of the project is consistent with the
goals, policies and objectives of the General Plan, including the
Community Design Element;
(3)
The site is adequate in size and shape to accommodate all yards,
open spaces, setbacks, parking, access, and other features pertaining
to the application, except as otherwise approved;
(4)
The character, scale and quality of the architecture, site design
and landscaping are consistent with the adopted Architectural Design
Guidelines of the City;
(5)
The site plan provides functional and safe vehicular, bicycle and
pedestrian access and circulation;
(6)
The proposed use and design of the project are compatible with surrounding
existing and proposed land uses and community character, including
scale, intensity, massing, architectural design, landscape design,
and other development characteristics.
|
If one or more of the above-stated findings cannot be made to
approve the application, the reviewing authority shall deny the application
citing specific reasons in support of their action.
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(d)
Conditions
of approval. The reviewing authority may apply conditions of approval
on an AC application to ensure consistency of the project with applicable
codes and standards and to mitigate adverse impacts of the project,
which may include but are not limited to requirements for dedications
and easements; water quality requirements, on- and off-site improvements;
utilities; waste management and recycling; stormwater management;
fire access; tree conservation; landscaping; site amenities; lighting;
walkways and disabled access; and other such additional improvements
and facilities as determined reasonably necessary for the proper development
of the site.
(e)
Expiration of application approvals and time extensions. Application approvals granted under this section shall expire two years from the effective date of the approval action by the reviewing authority if building permits have not been issued and construction is not underway. The Zoning Administrator may grant extensions of time for an architectural control approval not to exceed an additional 12 months per request at a noticed public hearing pursuant to Section 9-2.302(f), provided that there are no substantial changes to the project or to the conditions of approval. The applicant shall demonstrate that issues or circumstances warrant approval of a time extension. For any request for extension of time on an architectural control application involving substantial changes to the project or conditions of approval, the Planning Commission shall be the reviewing authority at a public hearing noticed pursuant to Section 9-2.302(f). Any application for an extension of time must be submitted to the City prior to the expiration date. When granting an extension, the Zoning Administrator must find that the application remains consistent with all applicable provisions of this Code. Decisions of the Zoning Administrator on applications for time extensions may be appealed to the Planning Commission in accordance with Section 9-2.311, Appeals, of the Municipal Code. Extensions of time may be granted for a total of no more than five years from the initial AC approval date.
(f)
Revisions
and modifications. Revisions or modifications to an approved AC approval
may be requested by the applicant in accordance with the following
procedures:
(1)
Minor revisions may be reviewed and approved by the Planning Director by administrative approval pursuant to Section 9-2.303
(2)
Major revisions such as changes to conditions of approval, expansions,
intensification of the use or relocation of structures, shall be processed
through an architectural control modification application pursuant
to the procedures set forth in this section for a new application.
(g)
New
application following denial. Following the denial of an application
for an AC approval, no application for the same or substantially the
same use and design on the same or substantially the same site shall
be filed within one year from the date of project denial.
(h)
Consistency
with approved plans. An architectural control approval shall pertain
only to those plans reviewed and approved with the AC application.
Further, all plans approved with an AC shall be considered an integral
part of the AC approval. The Planning Director shall ensure that any
final working drawings for grading or construction authorized by an
AC approval are consistent with said previously-approved plans prior
to release of working drawings for plan check.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(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 Official Zoning Map (zone change) adopted by reference, per Article 1 Establishment of Districts: Official Zoning Map of Chapter 3 of this title, as an integral part of this Land Use Code. Whenever the public necessity, convenience, general welfare, or the policies set forth in the General Plan justify such action, zoning boundaries and/or designations may be amended through the procedures established in this section.
(b)
Decision-making
authority. The City Council may amend the Official 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 Official Zoning Map, may be initiated for a given parcel by the
City Council or by the record owner(s) 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.
(1)
Applications for zone district changes may be filed with the Department
of Planning Services by the property owner(s) or authorized representative,
along with payment of the required fee as established by City Council
resolution. If the property for which rezoning is proposed is in more
than one ownership, all the owners or their authorized agents must
join in filing the application. 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.
(2)
If deemed appropriate by the City to expand the boundaries of any
proposed zone change, notice shall be given to all property owners
within the proposed expansion boundaries.
(3)
An application for a zone change may be filed concurrently with any
other application(s) on the same property.
(d)
Review
process. 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 this section. If the application is found to be incomplete,
the Department of Planning Services will notify the applicant in writing
within 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. The Planning Director or designee may require
additional information if deemed necessary to enable the Planning
Commission and City Council to determine whether the change is consistent
with the standards of the Land Use Code and the maps and policies
of the General Plan.
(1)
The Planning Commission shall hold a public hearing on each application for a zone change. The hearing shall be set and notice given as prescribed in Section 9-2.302(f). The hearing may be continued from time to time. The Planning Commission shall determine whether the proposed zone change is consistent with all of the required findings for approval as set forth in subsection (e) of this section, and, if so, shall provide a written report recommending to the City Council that the zone change be granted, granted in a modified form, or denied.
(2)
When the Planning Commission determines, following a public hearing
on a proposed zone change, that a change to a zone classification
other than the proposed classification specified in the hearing notice
is desirable, the commission may recommend an alternate classification,
following new notice and public hearing procedures. In making a modified
recommendation, the Planning Commission must determine that the recommended
alternatives is more appropriate for the subject property and is consistent
with the General Plan, applicable Specific Plan or Comprehensive Development
Plan, and this Land Use Code.
(3)
Upon recommendation of the Planning Commission to approve or deny a proposed zone change, the City Council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 9-2.302(f). The hearing may be continued from time to time. Following the closing of the public hearing, the City Council shall make specific findings as to whether the zone change is consistent with the objectives of this Land Use Code and the General Plan. If the City Council makes all of these findings, as contained in subsection (e) of this section, it shall introduce an ordinance amending the Official Zoning Map.
(4)
The City Council shall not modify a recommendation of the Planning
Commission on a zone change until it has requested and considered
a report of the Planning Commission on the modification. Failure of
the Planning Commission to report within 40 calendar days after receipt
of the Council request shall be deemed to be in concurrence with the
modification.
(5)
Following the denial of an application for a change in zone, an application
for the same or substantially the same change on the same or substantially
the same property shall not be filed within one year of the date of
denial.
(6)
A change in zone shall be indicated on the zoning map, along with
a notation listing the number and date of each ordinance amending
the zoning map, within the revision block of said map.
(e)
Required
findings for approval. Zone change applications may be approved only
if the following findings can be made:
(1)
The proposed zone change is consistent with the General Plan land
use map and applicable goals and policies;
(2)
The proposed zone change is consistent with the Land Use Code, including
Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix;
(3)
The site of the proposed zone change is suitable for any of the land
uses permitted within the proposed zone district;
(4)
The uses allowed by the proposed zone change are compatible with
existing and planned uses on surrounding properties and the community
in general;
(5)
The proposed zone change is reasonable and beneficial at this time.
(f)
Prezoning.
For the purpose of establishing zone district boundaries to become
effective only upon annexation, property outside the corporate boundaries
of the City and within the adopted sphere of influence may be classified
within one or more zones in the same manner and subject to the same
procedural requirements as prescribed for property within the City.
(1)
Upon passage of an ordinance establishing the applicable prezoning
designation for property outside the City, the Official Zoning Map
shall be revised to show the “prezoned” classification
to become effective upon annexation.
(2)
The Official Zoning Map shall show prezoned areas with the prefix
“PZ* of “Pre-Zone” in addition to such other map
designation as may be applicable.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(a)
Purpose
and intent. Chapter 3 (Zoning Districts and Standards) of this title
contains listings of land uses that are permitted within the various
zoning districts upon approval of a conditional use permit (CUP).
Such uses require approval of a CUP for their establishment because,
although such uses may be deemed consistent with the purpose and intent
of the district, they typically have characteristics that require
special regulation in order to avoid or minimize potential adverse
impacts on surrounding properties. Therefore, each such proposed conditional
use 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 conditional use permit. The conditional use
permit process is intended to provide an opportunity for public review
and evaluation of site-specific requirements and characteristics;
to provide adequate mitigation of any potentially adverse impacts;
and to ensure that all site development regulations and performance
standards are provided in accordance with this Land Use Code. In addition,
the conditional use permit provides a means of monitoring compliance
with conditions of operation that may be applied to the use in order
to protect public health, safety, and welfare, and to ensure compliance
with the General Plan.
(b)
Applicability.
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. No person shall undertake, conduct or use, or cause to be
undertaken, conducted or used, any development projects that require
a conditional use permit, without having first complied with the provisions
of this section.
(c)
Conditional
use permit review process.
(1)
Applications for conditional use permits may be filed 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 CUP application review. A preliminary development review meeting between city staff and the applicant may be conducted prior to filing of the formal application, pursuant to Section 9-2.301(c).
(2)
Each applicant for a CUP shall submit information deemed necessary
to complete environmental review and the consideration of the application
itself, along with the required fee or deposit as established by City
Council resolution. The application shall be accompanied by the required
number of site plan maps, floor plans, elevations, and other documentation
on site conditions as required by staff to review the proposal.
(3)
Once an application is received by the Department of Planning Services, the application will be reviewed for completeness and processed pursuant to the timelines established in Section 9-2.301
(4)
The Planning Commission may have the authority to approve, deny, or approve with conditions CUP applications at a public hearing noticed pursuant to Section 9-2.302(f). The Planning Director may forward the CUP application to various City boards and commissions for review and recommendation on design, circulation and traffic, cultural resources, recreation or trails, as deemed appropriate by the Director prior to scheduling the CUP for a public hearing by the Planning Commission.
(d)
Findings.
In order to approve a CUP application, the reviewing authority shall
make the following findings:
(1)
The proposed use and design are consistent with the maps and policies
of the General Plan;
(2)
The proposed use and design are consistent with the purpose, intent,
and standards of the Land Use Code and any applicable specific plan
or comprehensive development plan, except as otherwise approved;
(3)
The site for the proposed use is adequate in size and shape to accommodate
all yards, open spaces, setbacks, walls and fences, parking and loading
areas, fire and building code considerations, trash and recycling
enclosures, and other features pertaining to the application;
(4)
The proposed use and the ongoing operation of the use are compatible
with abutting properties and the permitted uses thereof, and will
not generate excessive light, noise, vibration, odors, visual blight,
traffic, or other disturbances, nuisances, or hazards; and
(5)
The site for the proposed use has adequate access and parking to
support the use.
(e)
Conditions
of approval. In granting any conditional use permit, the reviewing
authority shall affix those conditions that it deems necessary in
order to safeguard the public health, safety and general welfare of
the district and to ensure compliance with the General Plan. Where
the proposed use, adjacent land uses, environmental effects or limitations,
topography, or traffic circulation is found to so require, the reviewing
authority may establish more stringent regulations than those otherwise
specified for the zone district in which the project is located. The
City may require dedication of land or easements for public use, provided
that there is a reasonable relationship between the required dedication
and the impact of the proposed development, and that the required
dedication is related both in nature and extent to the impact of the
proposed development. In order to mitigate the possible adverse impact
of a conditionally-permitted use on surrounding properties and to
ensure overall consistency of the use with the Land Use Code and the
General Plan, conditions may include, but are not limited to, restrictions
on hours of operation; types of activities; noise levels; lighting
levels and hours; provision and maintenance of buffer areas, yards
and spaces; provision and maintenance of landscaping; regulation of
ingress and egress; regulation of signs; required site maintenance;
parking management; waste management; or other operational considerations
as deemed appropriate by the reviewing authority.
(f)
Establishment
of use. Use of property as authorized by an approved conditional use
permit shall adhere to the following requirements:
(1)
Time period for establishment. 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 conditional use permit must be diligently pursued. Therefore, the conditional use must be established at the approved location within a time period specified in the CUP approval by the reviewing authority, which shall not exceed two years. Establishment of the use shall be deemed to consist of the satisfaction of all relevant CUP conditions of approval and one of the following three actions: (i) the issuance of a building permit for new construction (if said permit expires, approval of conditional use permit shall become null and void); (ii) the issuance of a certificate of use and occupancy for the establishment of a conditional use in an existing structure; or (iii) the commencement of operation of the conditional use permit in cases where no construction or existing structure is involved (e.g., resource extraction). If the preceding requirements are not met within the time period specified in the CUP approval, the conditional use permit shall be rendered null and void. The Zoning Administrator may extend the time period for meeting the preceding requirements for establishment of the use up to one additional year, after holding a public hearing noticed pursuant to Section 9-2.302(f). Additional conditions may be imposed on a CUP in conjunction with a time extension, provided that such new conditions may only be imposed following a public hearing to receive testimony on the proposed additional conditions.
(2)
Change of ownership. Conditional use permit approval shall apply
only to the property for which the application was made, and shall
apply to that property as long as the use for which approval was granted
is in effect, regardless of changes in ownership.
(3)
Duration of a conditional use. The reviewing authority may establish
a reasonable time period for the duration of a conditional use permit
on a site, based on substantial evidence that establishing an expiration
date is necessary to protect public health, safety, and welfare and
comply with applicable provisions of the General Plan and Land Use
Code. Where no expiration date is established by the reviewing authority,
the conditional use may continue to operate provided that it is in
compliance with all conditions of approval and other applicable Code
requirements.
(g)
Conditional
uses existing on the effective date of this Code amendment.
(1)
Any use existing on the effective date of this Code or the Official
Zoning Map or any amendment thereto that was permitted subject to
an approved conditional use permit, shall be deemed a pre-existing
conditional use. Such use may continue in accordance with this Code,
provided that the use is operated and maintained in compliance with
the conditions prescribed at the time of its establishment, if any.
(2)
Any expansion, alteration, or reconstruction of a use or building containing a previously approved conditional use which has become nonconforming due to adoption of this Code or any subsequent amendments thereto shall comply with Section 9-3.533 regulating nonconforming uses, until such use is brought into conformance with the Land Use Code.
(3)
Any use existing on the effective date of this Code or the Official Zoning Map or amendments thereto which would require approval of a conditional use permit to be established in that zone, but for which such approval has not been obtained, shall be deemed a nonconforming use and regulated by Section 9-3.533, except that the owner may file an application for a conditional use permit to legalize the use along with any proposed expansion, alternation, or reconstructions which comply with the requirements of this Code. Approval of any such CUP application would eliminate the classification of the property as “nonconforming.”
(h)
Minor modifications. Revisions or modification of an approved conditional use permit may be requested by the applicant in accordance with this section. Minor revisions to an approved CUP which will not increase or change the use or intensity of the use or impact fire and life safety, may be reviewed administratively pursuant to Section 9-2.303, Administrative Approvals. Major revisions or modifications to an approved CUP such as a change in conditions, expansion, intensification, location, hours of operation, or any change which may have the potential to impact fire and life safety, shall be reviewed by the Planning Commission pursuant to the same procedure used for a new CUP. Modifications shall be consistent with the City’s General Plan and surrounding community character.
(i)
Discontinuance
of, conditional use. Whenever any use of land, building or premises
established under a conditional use permit is discontinued for a period
of one year 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.
(j)
Appeals. Decisions on conditional use permit applications may be appealed to the City Council in accordance with Section 9-2.311, Appeals.
(k)
Consistency
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 CUP approval. The Planning Director shall ensure that any final
working drawings for grading or construction authorized by a CUP approval
are consistent with said previously-reviewed plans prior to release
of working drawings for plan check.
(l)
Periodic
review. The Planning Commission may periodically review any conditional
use permit to ensure that it is being operated in a manner consistent
with conditions of approval or in a manner that is not detrimental
to the public health, safety, or welfare, or materially injurious
to persons or properties in the vicinity. If, after review, the Planning
Commission deems that there is sufficient evidence to warrant a full
examination, then a public hearing date shall be set pursuant to Section
9-2.302(m).
(m)
City
revocation or modification.
(1)
Any conditional use permit granted pursuant to this section, or granted
under any prior Land Use Code of the City, may be revoked upon a finding
by the Planning Commission that one or more of the following conditions
exist:
(A)
That the use is detrimental to the public health or safety or is
a nuisance;
(B)
That the permit or approval was obtained through misrepresentation
on submittal documents, plans and/or other information provided to
the City;
(C)
That the applicant or successors in interest has not complied with
one or more of the conditions of approval of the permit, or approval
requirements.
(2)
Any such finding by the Planning Commission shall be made after a public hearing of which the initial applicant (or any successor of record whose address has been furnished) shall be given 10 days of advance written notice by first class mail directed to the applicant’s address of record (or such successor’s address so furnished) as per the files of the Planning Department. Said notice shall contain a notification of the reasons that the revocation is being considered. The finding of the Planning Commission and the determination pursuant thereto, shall be subject to appeal pursuant to Section 9-2.311. Action of the Planning Commission, or the City Council on appeal, shall be by resolution, and shall contain specific findings and actions relative to the revocation.
(3)
Notwithstanding the provisions set forth above, the Planning Commission,
or the City Council on appeal, may act to modify the conditions of
approval, and/or may grant a period of time within which the use may
be reactivated, or within which time period noncompliance with conditions
may be remedied.
(n)
New
application following denial or revocation. Following the denial or
revocation of a conditional use permit application, no application
for a conditional use permit for the same or substantially the same
use and design, on the same or substantially the same site, shall
be filed within one year from the date of denial or revocation.
(o)
If
the use for which the conditional use permit was issued has ceased
or been suspended for a period of one year or more, the conditional
use permit granted for said use shall expire, and any proposal to
re-establish the same use on the same property will be subject to
issuance of a new conditional use permit pursuant to the standards
and requirements in effect as of the date of such subsequent approval.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(a)
Purpose
and intent. Chapter 3 (Zoning Districts and Standards) of this title
contains listings of land uses that are permitted within the various
zoning districts upon approval of a discretionary use permit (DUP).
Such uses require approval of a DUP for their establishment because,
although such uses may be deemed consistent with the purpose and intent
of the district, they typically have characteristics that require
special regulation in order to avoid or minimize potential adverse
impacts on surrounding properties. Therefore, each such proposed discretionary
use 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 discretionary use permit. The discretionary
use permit process is intended to provide an opportunity for public
review and evaluation of site-specific requirements and characteristics;
to provide adequate mitigation of any potentially adverse impacts;
and to ensure that all site development regulations and performance
standards are provided in accordance with this Land Use Code. In addition,
the discretionary use permit provides a means of monitoring compliance
with conditions of operation that may be applied to the use in order
to protect public health, safety, and welfare, and to ensure compliance
with the General Plan.
(b)
Applicability.
Only those uses listed in the District Regulations of Chapter 3 Zoning
Districts and Standards of this title as permitted discretionary 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 DUP. No person shall undertake, conduct or use, or cause to be
undertaken, conducted or used, any development projects that require
a discretionary use permit, without having first complied with the
provisions of this section.
(c)
Discretionary
use permit review process.
(1)
Applications for discretionary use permits may be filed 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 Discretionary Use Application review. A preliminary development review meeting between city staff and the applicant may be conducted prior to the filing of the formal application, pursuant to Section 9-2.301(c).
(2)
Each applicant for a DUP shall submit information deemed necessary
to complete environmental review and the consideration of the application
itself, along with the required fee or deposit as established by City
Council resolution. The application shall be accompanied by the required
number of site plan maps, floor plans, elevations, and other documentation
on site conditions as required by staff to review the proposal.
(3)
Once an application is received by the Department of Planning Services, the application will be reviewed for completeness and processed pursuant to the timelines established in Section 9-2.301
(4)
Prior to formal review, the City Council shall review the application pursuant to Section 9-2.301(c). Thereafter, the Design Review Committee shall review and make recommendations to DUP applicants on the design of projects for compliance with the goals and policies of the City’s General Plan Community Design Element and adopted architectural design guidelines and other policies regarding the design of projects that are processed in accordance with Title 9, Chapter 2, Article 2, Section 9-2.313 of this Code. The Transportation Commission shall study and make recommendations to the Planning Commission on matters related to the proposed DUP, including public transportation, traffic regulations and standards for parking, vehicular and public safety in accordance with Title 2, Chapter 2, Article 8, Section 2-2.803. The Planning Commission shall consider the proposed DUP noticed public hearing pursuant to Section 9-2.302(f). The Planning Commission shall adopt a resolution recommending final action on the DUP to the City Council, including findings supporting their recommendation.
(5)
The City Council shall consider the proposed DUP at a noticed public hearing pursuant to Section 9-2.302(f). The City Council may approve, deny, or modify the proposed DUP application.
(6)
Following the denial of an application for a DUP, an application
for the same or substantially same application shall not be accepted
within one year of the date of denial, except as initiated by the
City Council.
(d)
Findings.
Prior to taking an action to approve or recommend approval of a DUP,
the reviewing authority shall find that all of the following findings
can be made:
(1)
The proposed use and design are consistent with the maps and policies
of the General Plan;
(2)
The proposed use and design are consistent with the purpose, intent,
and standards of the Land Use Code and any applicable specific plan
or comprehensive development plan, except as otherwise approved;
(3)
The site for the proposed use is adequate in size and shape to accommodate
all yards, open spaces, setbacks, walls and fences, parking and loading
areas, fire and building code considerations, trash and recycling
enclosures, and other features pertaining to the application;
(4)
The proposed use and ongoing operation of the use are compatible
with abutting properties and the permitted uses thereof, and will
not generate excessive light, noise, vibration, odors, visual blight,
traffic, or other disturbances, nuisances, or hazards; and
(5)
The site for the proposed use has adequate access and parking to
support the use.
(6)
The proposed use provides sufficient economic value and convenience
to the community to justify approval of a discretionary use permit
such as community investment, job creation, increase in sales taxes
collected, or increase in customer convenience.
(e)
Conditions
of approval. In granting any discretionary use permit, the reviewing
authority shall affix those conditions that it deems necessary in
order to safeguard the public health, safety and general welfare of
the district and to ensure compliance with the General Plan. Where
the proposed use, adjacent land uses, environmental effects or limitations,
topography, or traffic circulation is found to so require, the reviewing
authority may establish more stringent regulations than those otherwise
specified for the zone district in which the project is located. The
City may require dedication of land or easements for public use, provided
that there is a reasonable relationship between the required dedication
and the impact of the proposed development, and that the required
dedication is related both in nature and extent to the impact of the
proposed development In order to mitigate the possible adverse impact
of a discretionary-permitted use on surrounding properties and to
ensure overall consistency of the use with the Land Use Code and the
General Plan, conditions may include, but are not limited to, restrictions
on hours of operation; types of activities; noise levels; lighting
levels and hours; provision and maintenance of buffer areas, yards
and spaces; provision and maintenance of landscaping; regulation of
ingress and egress; regulation of signs; required site maintenance;
parking management; waste management; or other operational considerations
as deemed appropriate by the reviewing authority.
(f)
Establishment
of use. Use of property as authorized by an approved discretionary
use permit shall adhere to the following requirements:
(1)
Time period for establishment. Discretionary 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 discretionary use permit must be diligently pursued. Therefore, the discretionary use must be established at the approved location within a time period specified in the DUP approval by the reviewing authority, which shall not exceed two years. Establishment of the use shall be deemed to consist of the satisfaction of all relevant DUP conditions of approval and one of the following four actions: (i) the issuance of a building permit for new construction (if said permit expires, approval of discretionary use permit shall become null and void); (ii) the issuance of a certificate of use and occupancy for the establishment of a discretionary use in an existing structure; (iii) the commencement of operation of the discretionary use permit in cases where no construction or existing structure is involved (e.g., resource extraction); or (iv) the issuance of a grading permit. If the preceding requirements are not met within the time period specified in the DUP approval, the discretionary use permit shall be rendered null and void. The Zoning Administrator may extend the time period for meeting the preceding requirements for establishment of the use up to one additional year, after holding a public hearing noticed pursuant to Section 9-2.302(f). Additional conditions may be imposed on a DUP in conjunction with a time extension, provided that such new conditions may only be imposed following a public hearing to receive testimony on the proposed additional conditions.
(2)
Change of ownership. Discretionary use permit approval shall apply
only to the property for which the application was made, and shall
apply to that property as long as the use for which approval was granted
is in effect, regardless of changes in ownership.
(3)
Duration of a discretionary use. The reviewing authority may establish
a reasonable time period for the duration of a discretionary use permit
on a site, based on substantial evidence that establishing an expiration
date is necessary to protect public health, safety, and welfare and
comply with applicable provisions of the General Plan and Land Use
Code. Where no expiration date is established by the reviewing authority,
the discretionary use may continue to operate provided that it is
in compliance with all conditions of approval and other applicable
Code requirements, for a time period of no longer than 30 years.
(g)
Discretionary
uses existing on the effective date of this Code amendment.
(1)
Any use existing on the effective date of this Code or the Official
Zoning Map or any amendment thereto that was permitted subject to
an approved discretionary use permit, shall be deemed a pre-existing
discretionary use. Such use may continue in accordance with this Code,
provided that the use is operated and maintained in compliance with
the conditions prescribed at the time of its establishment, if any.
(2)
Any expansion, substantial remodel or reconstruction of a use or building containing a previously approved drive-through window which has become nonconforming due to adoption of this Code or any subsequent amendments thereto shall be allowed if it does not expand the aspect of nonconformity or creates a new impact. If a modification of an existing facility results in either an expansion of a nonconformity element or the creation of a new impact, the establishment shall comply with Section 9-3.533 regulating nonconforming uses, until such use is brought into conformance with the Land Use Code. A substantial remodel to pre-existing drive-through facilities consists of any on-site building or property alterations, improvements, and additions requiring a building, grading or demolition permit which have a construction value of 51%, cumulative over a period of 12 months, of the current year assessed improvement value.
(3)
Any use existing on the effective date of this Code or the Official Zoning Map or amendments thereto which would require approval of a discretionary use permit to be established in that zone, but for which such approval has not been obtained, shall be deemed a nonconforming use and regulated by Section 9-3.533, except that the owner may file an application for a discretionary use permit to legalize the use along with any proposed expansion, alternation, or reconstructions which comply with the requirements of this Code. Approval of any such DUP application would eliminate the classification of the property as “nonconforming.”
(h)
Minor modifications. Revisions or modification of an approved discretionary use permit may be requested by the applicant in accordance with this section. Minor revisions to an approved DUP which will not increase or change the use or intensity of the use or impact fire and life safety, may be reviewed administratively pursuant to Section 9-2.303, Administrative Approvals. Major revisions or modifications to an approved DUP such as a change in conditions, expansion, intensification, location, hours of operation, or any change which may have the potential to impact fire and life safety, shall be reviewed by the Planning Commission pursuant to the same procedure used for a new DUP. Modifications shall be consistent with the City’s General Plan and surrounding community character.
(i)
Discontinuance
of, discretionary use. if the use for which the discretionary use
permit was issued has ceased or been suspended for a period of two
years or more, the discretionary use permit granted for said use shall
expire, and any proposal to re-establish the same use on the same
property will be subject to issuance of a new discretionary use permit
pursuant to the standards and requirements in effect as of the date
of such subsequent approval.
(j)
Appeals. Decisions on discretionary use permit applications may be appealed to the City Council in accordance with Section 9-2.311, Appeals.
(k)
Consistency
with approved plans. A discretionary use permit approval shall pertain
only to those plans reviewed and approved with the DUP. Further, all
plans approved with a DUP shall be considered an integral part of
the DUP approval. The Planning Director shall ensure that any final
working drawings for grading or construction authorized by a DUP approval
are consistent with said previously-reviewed plans prior to release
of working drawings for plan check.
(l)
Periodic
review. The Planning Commission may periodically review any discretionary
use permit to ensure that it is being operated in a manner consistent
with conditions of approval or in a manner that is not detrimental
to the public health, safety, or welfare, or materially injurious
to persons or properties in the vicinity. If, after review, the Planning
Commission deems that there is sufficient evidence to warrant a full
examination, then the Planning Commission shall recommend a public
hearing to the reviewing authority, and a public hearing shall be
set pursuant to Section 9-2.302(m).
(m)
City
revocation or modification.
(1)
Any discretionary use permit granted pursuant to this section, or
granted under any prior Land Use Code of the City, may be revoked
upon a finding by the City Council that one or more of the following
conditions exist:
(A)
That the use is detrimental to the public health or safety;
(B)
That the permit or approval was obtained through misrepresentation
on submittal documents, plans and/or other information provided to
the City;
(C)
That the applicant in interest has not complied with one or more
of the approval requirements.
(2)
Any such finding by the City Council shall be made after a public hearing of which the initial applicant (or any successor of record whose address has been furnished) shall be given 10 days of advance written notice by first class mail directed to the applicant’s address of record (or such successor’s address so furnished). Said notice shall contain a notification of the reasons that the revocation is being considered. The finding of the City Council and the determination pursuant thereto, shall be subject to appeal pursuant to Section 9-2.311. Action of the City Council on appeal, shall be by resolution, and shall contain specific findings and actions relative to the revocation.
(3)
Notwithstanding the provisions set forth above, the City Council
on appeal, may act to modify the conditions of approval, and/or may
grant a period of time within which the use may be reactivated, or
within which time period noncompliance with conditions may be remedied.
(n)
New
application following denial or revocation. Following the denial or
revocation of a discretionary use permit application, no application
for a discretionary use permit for the same or substantially the same
use and design, on the same or substantially the same site, shall
be filed within one year from the date of denial or revocation.
(Ord. No. 971, § 1, 5-18-2010)
(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 Management 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 Public Works Services or his or her agent is designated
as the “Flood-plain 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:
(1)
Interpretation. Rendering determinations on the location of special
flood hazard district boundaries using the Flood Insurance Rate Maps
and additional studies that provide the best available information
on floodplain management;
(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)
Decision making 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, Floodplain Management Regulations;
(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 Public Works 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 the Department of Planning Services receives an application, 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 set forth in this section. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within 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)
Application
process.
(1)
A preliminary development review meeting with staff may be held pursuant to Section 9-2.301(c).
(2)
Environmental review of the application will be completed pursuant
to the California Environmental Quality Act and the City’s CEQA
Guidelines.
(3)
The application may be forwarded to City committees and commissions
for review if determined appropriate by the Planning Director or Floodplain
Administrator.
(4)
The application may be filed and reviewed concurrently with other
applications on the same property.
(5)
The Planning Commission shall review any application for a floodplain land use permit at a noticed public hearing, pursuant to Section 9-2.302(f), and shall forward a recommendation to the City Council for final action.
(6)
The City Council shall consider the application at a noticed public hearing pursuant to Section 9-2.302(f), and shall take final action to approve, conditionally approve, or deny the application, based on the required findings.
(e)
Findings
for approval. In order to approve a floodplain permit application,
the City Council shall make the following findings:
(1)
The application complies with all of the location and land use standards for uses or structures as set forth in Section 9-3.405 of this Code.
(2)
Approval of the application will not result in a discernible net
increase in water surface elevation, will not create or exacerbate
erosive velocities within special flood hazard areas, and will not
contribute to flooding of other properties not previously inundated
by the 100-year storm event.
(3)
Development and use of the property as proposed are consistent with
General Plan policies regarding flood control, public safety, aesthetics,
and resource protection.
(4)
The proposed use and development of the property are consistent with
all other applicable requirements of the Municipal Code and of the
Federal Emergency Management Agency, California Fish and Game Department,
United States Army Corps of Engineers, and Regional Water Quality
Control Board requirements in effect at the time the application was
deemed complete.
(f)
Time
period for approval. An application for floodplain land use permit
approved pursuant to this section shall expire one year after approval,
except that if the application has been approved concurrently with
other discretionary applications on the same site for the same development
project, then the approval period for all applications shall be the
same for both initial approval and any extensions of time thereof.
A one year extension of time may be granted by the Zoning Administrator
for a floodplain land use application filed with no other applications,
after conducting a noticed public hearing pursuant to Section 9-2.303(f),
provided that no substantial changes have been made to the approved
plan and that all the original findings and conditions of approval
are determined by the Zoning Administrator to remain valid.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(a)
Preliminary
grading plan review. Preliminary grading plans for development applications
regulated by this chapter, when required, shall be reviewed concurrently
with the consideration of the overall project and shall become part
of any such project approval.
(b)
Final
grading plan review. Applications for grading plan review shall be
reviewed by the Planning Director to ensure consistency of the grading
plan with the discretionary land use approval, including but not limited
to the approved site plan, preliminary grading plan, landscaping plan,
environmental mitigation measures, and conditions of approval.
(c)
Exemptions. Exemptions for grading permits shall be as defined by Chapter 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 2 of Title 8 of this Code.
(e)
Bonding requirements. The bonding requirements for grading permits are described, in Section 9-5.101, Fees, Deposits, and Bonds, of this title.
(f)
Grading modifications to previously approved grading plans or to existing graded lots. Applications for grading modification of a previously-graded lot or for a modified grading plan shall be subject to the review and approval of the Planning Director for minor changes, and subject to review and approval by the Planning Commission at a noticed public hearing pursuant to Section 9-2.302(f) for major changes. For purposes of this section, a major grading change consists of a change in the ground elevation for primary structures of two feet or greater from what was previously approved, or changes to graded slopes on the lot which, as determined by the Planning Director, have the potential to significantly alter views of the property from other properties, public access or trail easements, or rights-of-way. Grading modifications may be subject to environmental review pursuant to the California Environmental Quality Act if a potential exists for any environmental impacts resulting from the proposed modifications. Prior to approving any modifications for a previously-approved grading plan or for an existing graded lot, the reviewing authority shall determine that such grading modifications comply with the following design standards:
(1)
The proposed grading modifications are consistent with the General
Plan, Land Use Code, Design Guidelines, and applicable specific plan
or comprehensive development, including but not limited to requirements
for ridgeline protection, natural landform grading, minimizing use
and height of retaining walls, and effective use of landscaping for
erosion control and aesthetics;
(2)
The proposed grading modifications are generally consistent with
the approved site plan, preliminary grading plan, landscape plan,
grading standards, and design concepts of the original project as
approved by the reviewing authority;
(3)
The proposed grading will remain consistent and compatible with immediately-adjacent
lots or units, including but not limited to blending of slopes with
adjacent property boundaries, rounding of slopes at both top and bottom
to blend the grading into the existing terrain, and a design which
harmonizes the design with the natural contours of the property and
surrounding lots;
(4)
The proposed modified grading plan shows 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 9-4.313,
Graded Slopes, of this title;
(5)
The proposed modified grading will not cause adverse impacts to other
properties, including but not limited to potential impacts on hydrology,
water quality, views, trail easements, or other aspects of development.
(g)
Time period for grading plan modification approval. An application for a grading plan modification approved pursuant to subsection (f) of this section shall expire one year after approval of the application by the reviewing authority, except that if a grading plan modification has been approved concurrently with other discretionary applications on the same site for the same development project, the approval period for all applications shall be the same for both initial approval and any extensions of time thereof. One time extension for a grading plan modification filed without other concurrent discretionary applications may be granted, not to exceed 12 additional months from the original expiration date. A time extension may be approved by the Zoning Administrator for a grading plan modification that was originally approved by the Planning Commission, subject to the same notification procedures, findings, and conditions used for the original application. A time extension for a grading plan modification originally approved by the Planning Director may be granted by the Planning Director subject to the same and findings use for the original application.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(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.
(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 types of land use as required by the General Plan.
(d)
Exemptions.
(1)
Small projects. Projects containing 12 or fewer residential lots
or dwelling units. The grouping of contiguous parcels to develop a
series of projects of 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 1/2) 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 allocations
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:
(A)
The identification of specific residential development areas and
the segmented allocation of building permits over a minimum four 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 City 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 City Council
shall adopt a resolution setting the numerical limits for each of
the three 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 numerical limits adopted in January shall cover the succeeding
three 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 City 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 City
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.
(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 (f) 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 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)
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 City Council by resolution prior to March 1 of each year.
(A)
Project Rating 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);
(v)
The unusual public benefits from the project (Examples include
the correction of unsafe conditions, 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 City 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 City 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 City 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 City Council prior to
February 1 of each year, shall be eligible for dwelling unit allocations.
Prior to the City Council evaluation and allocation, the Planning
Commission shall review all projects and forward recommendations to
the City 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 rating scale specific
and general criteria, plus the bonus points, if any).
(iii)
Priorities for higher-ranked projects. The City 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 City
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 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 year residential allocation
schedule (See Table 2-2).
|
Table 2-2 Sample Residential Allocation Schedule
| |||
|---|---|---|---|
|
Previously Approved Projects
|
Building Permits Issuable Calendar 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 years. For example, the residential allocation schedule
adopted in February 2001 shall cover 2001, 2002, 2003, and 2004. 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 (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 by 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 numerical limits have
not been so filled.
(6)
Final maps and building permits. Following tentative map approval
and adoption of the residential allocation schedule, the final maps
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 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.
(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)
"General Criteria"
"Housing development"
"Specific criteria"
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:
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.
means construction projects consisting of five or more residential
units, including single-family, multifamily, and mobilehomes for sale
or rent pursuant to this chapter.
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.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(a)
Purpose
and intent. This section provides for the protection, enhancement,
perpetuation, and use of those areas, structures and objects within
the City which, due to their historical or cultural significance or
character, require special consideration in order to meet the goals
and policies of the General Plan with regard to preservation of cultural
resources. The purpose of this section is to:
(1)
Protect, enhance, and perpetuate structures, sites, objects, and
districts that represent or reflect elements of the City’s cultural,
social, economic, political, and architectural history;
(2)
Safeguard the City’s historic and cultural heritage as embodied
and reflected in such landmarks and historic districts;
(3)
Encourage public knowledge, understanding and appreciation of the
City’s past;
(4)
Protect and enhance the City’s attractions to residents, tourists,
and visitors; and
(5)
Promote the use of historic districts and landmarks for the education,
pleasure, and welfare of the people of the City.
(b)
General
requirements and procedures.
(1)
It shall be unlawful for any person to demolish, remove, relocate,
renovate, modify, or otherwise alter any structure, site, or object,
including trees and other vegetation, listed individually or as part
of a district in the Inventory of Historical and Cultural Landmarks
(IHCL), as adopted and amended from time to time by City Council resolution,
without obtaining prior City approval for such action pursuant to
this section. For purposes of this section, “landmark”
shall mean any location or object listed on the IHCL.
(2)
Minor alterations to landmarks. Any action pertaining to a landmark that qualifies for Administrative Approval pursuant to Section 9-2.303(a)(17)9-2.303(a)(17) may be approved administratively pursuant to the procedures set forth in that section, provided that such approval shall be based on finding that the proposed action is consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties, in addition to other required findings.
(3)
Major modifications, alterations, or other actions pertaining to
landmarks that do not qualify for administrative approval shall require
approval of a historical and cultural landmark site plan review pursuant
to this section.
(4)
Applications for historical and cultural landmark site plan review shall be filed with the Department of Planning Services along with the required fee or deposit as established by City Council resolution. 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 and processed pursuant to the timelines established in Section 9-2.301
(5)
A preliminary development review meeting between City staff and the applicant may be conducted prior to filing of the formal application, pursuant to Section 9-2.301(c).
(6)
An application for site plan review may be submitted and reviewed
concurrently with other applications required for proposed development
on the site.
(7)
The Planning Director may forward the site plan review application
to various city boards and commissions for review of technical aspects
of the project prior to scheduling the project for a public hearing.
(8)
The reviewing authority for a site plan review application shall be the Cultural Heritage Commission, at a public hearing with notice given pursuant to Section 9-2.302(f). Decisions of the Cultural Heritage Commission may be appealed to the Planning Commission and ultimately to the City Council pursuant to Section 9-2.311, Appeals.
(c)
Findings
for approval of site plan review. In order to approve a cultural and
historical landmark site plan review application, the reviewing authority
shall make all of the following findings:
(1)
The project complies with the maps and policies of the General Plan.
(2)
The project complies with applicable provisions of the Land Use Code
and with any applicable specific plan or comprehensive development
plan.
(3)
All aspects of the proposed site design, including building orientation
and placement, massing, access, parking, colors, materials, paving,
lighting, signage, and landscaping, are compatible with the historic
nature of the site, surrounding district and/or historic period represented
by the landmark.
(4)
The project has been designed in conformance with the Secretary of
the Interior’s Standards for the Treatment of Historic Properties
with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing
Historic Buildings (1995, Weeks and Grimmer).
(d)
Time
period for approval. If construction or use of property authorized
by an approved site plan review has not been commenced within one
year of approval, then the variance or minor exception shall be rendered
null and void, except that if the site plan review has been approved
in conjunction with another discretionary approval such as an architectural
control or conditional use permit, then the time period for approval
of the site plan review shall be the same as for the other application(s),
including any time extension thereof. A one year extension of time
may be granted by the Zoning Administrator for a site plan review
application filed with no other applications, provided that no substantial
changes have been made to the approved plan and that all the original
findings and conditions of approval are determined by the Zoning Administrator
to remain valid.
(e)
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.
(f)
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 of this section.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(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 mobilehome 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 form 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 writing within 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 files an application with the City for 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 concurrently file 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.
(2)
The City shall select a consultant to perform the relocation impact
report within 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 onsite 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 16 years of age, occupants 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 therefor, 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 50 mile
radius 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.);
(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;
(O)
Proposed measures to adequately mitigate the adverse impacts of the
conversion upon each park resident based on subsection (f) 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
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 30 days prior to a hearing by the Planning Commission on
the application(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 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 days
prior to the hearing and the proof of service shall be signed under
penalty of perjury.
(3)
Not later than 14 days prior to the scheduled public hearing before
the Planning Commission, the park owner shall conduct not less than
one 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 (f) 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 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 to whether the project mitigation
measures will adequately mitigate impacts on residents. The following
factors shall be considered in making the above-stated findings:
(1)
Whether there will exist, at the time of conversion, closure, or
cessation of use, available mobilehome lots within a 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 50 mile radius from the City;
(3)
Whether the resident cannot relocate to a comparable mobilehome park
within a 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 reports and notices required by law 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:
(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)(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 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 mobilehome
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 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-Lieu 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.
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 following
obligations:
(A)
Not later than 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 months from the date 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 35 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 months from the date of notice of termination of tenancy
and not less than 35 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 year from the date
of its approval unless 25% 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 such extensions may be
granted by the City Council. A request for an extension must be filed
no less than 45 days prior to the expiration of the relocation impact
report. A public hearing shall be held on request.
(2)
If relocation assistance has not been provided to all eligible homeowners
and tenants in accordance with this section within three 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 judgments,
orders, and decrees of the court.
(k)
Affordable unit.
Applicant.
Approving body.
Cessation of use of land as a mobilehome park.
Closure of a mobilehome park.
Conversion of a mobilehome park.
(1)
(2)
Fair market value.
Impact report.
Homeowner.
Long-term lot.
Resident.
Tenant.
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:
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
30% of the household’s gross income.
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 ceasing to use land as a mobilehome park. If the
owner 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.
The Planning Commission’s decision is advisory to the
City Council whose decision shall be final.
A decision by the owner(s) of a mobilehome park to discontinue
the use of property as a mobilehome park which is not an adjudication
of bankruptcy.
When less than 75% 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 75% 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 75% of the total spaces leased does not constitute
a closure.
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:
During any one-year period subsequent to the adoption of this
section, no more than one 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 vacant lot is converted to other uses.
A change in ownership to a limited equity cooperative, nonprofit
corporation or condominium, provided 51% 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.
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 further governed by subsection (c)(2)(I) of this
section.
A report required by California Government Code Sections
65863.7 and 66427.4 and containing the information set forth in subsection
(c) of this section.
The owner(s) of the mobilehome.
Any mobilehome lot which has been occupied by the same mobilehome
for at least nine of the 12 months prior to the adoption of this section.
A homeowner or 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.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(a)
Projects
proposed within the City limits by other agencies. To the extent that
projects proposed within the City’s jurisdiction by other governmental
agencies, or quasi-public agencies such as utility providers, are
subject to the requirements of local agency review and approval, the
City shall process all such proposals in accordance with the applicable
provisions of this Code. For agencies that are exempt from local land
use approval, the City may review such proposals and submit comments
for consideration to the applicable agencies, as deemed appropriate.
(b)
Consistency
review of Capital Improvement Program. The Planning Commission shall
annually review the City’s Capital Improvement Program (CIP)
for consistency with the General Plan, in accordance with California
Government Code Section 65401, and shall forward its findings to the
City Council prior to adoption of the CIP.
(c)
Capital
improvement projects proposed by the City shall be reviewed for conformance
with applicable code requirements in accordance with this section,
based on the nature and intensity of the proposed improvement project.
(d)
Major
capital improvement projects.
(1)
For purposes of this section, a major capital improvement project
shall mean a project that is determined by the Planning Director,
in consultation with other affected department heads, to require review
by one or more committees and/or commissions and the Planning Commission
prior to approval by the City Council of design and/or construction
documents, based on the project’s potential to have environmental,
aesthetic, and/or land use effects on the community.
(2)
Typical examples of major capital improvement projects include but
are not limited to the following:
(A)
New or substantial alterations to parks, public buildings, community
facilities, reservoirs, or bridges;
(B)
New or substantial alterations to drainage structures which involve
significant changes to grades, hillsides, habitats, or views;
(C)
Street improvements which involve substantial expansion of right-of-way,
removal of existing significant vegetation and/or facilities, and/or
major changes to community character;
(D)
Substantial changes to structures or streetscapes in the historic
downtown area or to any structure listed in the Inventory of Historical
and Cultural Landmarks or Buildings of Distinction list, as adopted
by the City Council and amended from time to time;
(E)
Design programs for city-wide features which are visible to the general
public and contribute to community character, such as bus benches
and shelters; trash enclosures; way-finding, entryway, or other community-wide
signage; trailhead improvements; and similar features.
(3)
Review procedure for major capital improvement projects.
(A)
Environmental review shall be conducted pursuant to CEQA and the
City’s CEQA Guidelines.
(B)
The Planning Director may forward major capital improvement projects
to city boards, committees and commissions for technical and design
review and input, prior to scheduling such projects for review by
the Planning Commission and City Council.
(C)
The Planning Commission shall conduct a public meeting on a proposed
major capital improvement project with notice given pursuant to Section
9-302(g); shall review project plans for conformity with the General
Plan, consistency with the Land Use Code, surrounding community and
Design Guidelines, and other applicable City requirements; and shall
forward a recommendation to the City Council.
(D)
The City Council shall conduct a public meeting on the proposed major capital improvement project with notice given pursuant to Section 9-2.302(g), and shall take action to approve, conditionally approve, modify, defer, or deny the project.
(e)
Minor
capital improvement projects.
(1)
For purposes of this section, a minor capital improvement project
shall mean a project that may be reviewed and approved administratively,
based on a determination by the Planning Director, in consultation
with other affected department heads, that the project has been designed
and conditioned so as to result in minimal effects on the environment
or community, including the visual or aesthetic environment.
(2)
Typical examples of minor capital improvement projects include, but
are not limited to the following: alterations to existing facilities
resulting in exterior design changes; roadway or trail improvements
or extensions within existing rights-of-way with minor changes to
landscaping, lighting, fencing, walls, or other design features; replacement
or renovation of damaged facilities or structures resulting in exterior
design changes; small additions to existing structures resulting in
exterior design changes; individual signs; and construction or demolition
of small structures resulting in site or building design changes.
(3)
Review process for minor capital improvement projects.
(A)
The Planning Director or designee may approve a minor capital improvement
project for consistency with the General Plan, this Code, and other
applicable land use and design requirements.
(B)
Environmental review shall be conducted pursuant to CEQA and the
City’s CEQA Guidelines, if required.
(C)
Prior to rendering a decision, the Planning Director may forward
a minor capital improvement project to the Design Review Committee
for review and recommendations regarding any changes to structures,
lighting, landscaping, or other design issues; to the Park Recreation
and Trail Commission for review and recommendations regarding any
changes to parks or trails; and/or to the Cultural Heritage Commission
for review and recommendations regarding any changes to historic districts
or buildings.
(D)
If deemed appropriate by the Planning Director, public notice of the action may be given pursuant to Section 9-2.302(h).
(f)
Exempt
capital improvement projects. For purposes of this section, capital
improvement projects may be deemed to be exempt from review pursuant
to the land use code if they will have no impact to land use, the
environment, or the visual appearance of the community. Examples of
exempt capital improvement projects include but are not limited to
the following: feasibility and planning studies; emergency projects;
street and trail improvements within existing rights-of-way with no
aesthetic design impacts; pipeline installation, repair and maintenance;
minor alterations to utilities; alterations and repairs to parking
lots; small habitat restoration projects as defined in Section 15333
of the CEQA Guidelines; and similar projects as determined by the
Planning Director in consultation with other affected department heads.
(g)
The
City Engineer, in consultation with the Planning Director, shall ensure
that final plans and specifications for any capital improvement project
are in conformance with applicable design requirements of this Code
and any conditions of approval, prior to construction.
(h)
Time
period for approval. Once approved by the reviewing authority, capital
improvement project approval shall remain effective until such time
as the project is constructed or the City Council takes action to
modify or delete the project from the Capital Improvement Program.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008)
(a)
Introduction. The purpose and intent of sign regulations in the City are set forth in Section 9-3.543, Signs. This section establishes procedures for review of applications for sign permits and sign programs.
(1)
A sign permit shall be required for all signs not specifically exempt in Section 9-3.543(f), Signs not requiring a permit, prior to the placing, erecting, moving, reconstructing, altering, or displaying of any sign, including painted wall signs, within the City.
(2)
A sign program may be required in order to create a compatible design
theme for all signs within a development project, shopping center,
or business complex. The intent of a sign program is to create a visually
pleasing method of providing compatible and complementary signs throughout
the project site; to inform users and tenants of desired sign characteristics;
to minimize visual clutter; and to unify the appearance of the development
site so as to create a distinctive sense of place. Sign programs shall
be compatible with surrounding areas and consistent with the City’s
adopted Architectural Design Guidelines.
(b)
Review
procedure for sign permits.
(1)
Reviewing authority. Unless otherwise required in Table 3-42 of Section 9-3.543 (Signs), the Planning Director or designee is the reviewing authority for sign permit applications, including applications to construct or erect a new sign, or to enlarge or upgrade an existing sign; provided that in cases where the Planning Director determines that the design or location of a proposed sign warrants review by the Planning Commission, the Planning Director may refer such sign application to the Design Review Committee and/or Planning Commission for review and action.
(2)
Review of sign permit application. Applications for a sign permit may be filed with the Department of Planning Services along with a fee as established by City Council resolution. 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 and processed in accordance with the timelines established in Section 9-2.301
(3)
Findings required for approval. In approving a sign permit application,
the Department of Planning Services shall make the following findings:
(A)
The proposed sign(s) is consistent with the design criteria of Section 9-3.543, Signs, the Community Design Element, and the Design Guidelines.
(B)
The proposed sign conforms to all numerical size, height, and other requirements of Section 9-3.543, Signs, and to any approved sign program adopted for the development project in which the sign is to be located.
(C)
The sign will not be detrimental to the public health, safety, or
welfare; will not have adverse impacts on adjacent properties or rights-of-way;
or obstruct the view of other legal signs, be compatible with surrounding
areas and be consistent with the City’s adopted Architectural
Design Guidelines.
(D)
In order to achieve maximum limits of sign area, there must be a
finding that the sign is appropriate within the context of the project
and compatible with the surrounding area. Numerical requirements are
only guidelines and not guarantee.
(4)
Denial of a sign permit. In the event that the Planning Director
or designee denies a sign permit application, a written statement
shall be provided to the applicant stating the reasons for the denial.
(5)
Appeals. Any determination on a sign permit may be appealed in accordance with Section 9-2.311, Appeals.
(7)
Time period for approval. Sign permits shall be valid for a period
of one year from the date of approval. No extensions of time may be
granted for sign permits. Upon expiration of a sign permit, submittal
of a new sign permit application shall be required.
(c)
Review
procedure for sign programs.
(1)
Reviewing authority. The Planning Commission shall review all applications for sign programs at a public meeting with notice provided pursuant to Section 9-2.302(g).
(2)
Contents of sign program. A sign program shall include but not be
limited to the following information:
(A)
A coordinated design theme, incorporating complimentary design elements
for various types of signs to be used in the project area, including
wall signs, freestanding signs, canopy and awning signs, directional
and informational signs, and others as appropriate, which is complementary
to the architecture, scale, materials and colors of the buildings;
(B)
The desired use, design, location, and size of any proposed temporary
signs, including window signs and special event signs, if any;
(C)
The desired size, area, and location of signs to be located throughout
the project site;
(D)
The method by which signs will be attached to buildings and structures;
(E)
Methods and levels of illumination;
(F)
Information on proposed colors, materials, lettering styles, and
other design standards as determined by the Planning Director to be
necessary to complete review of the sign program, or as proposed by
the application.
(3)
In approving a sign permit and/or sign program, the Planning Commission
shall make the following findings:
(A)
The sign program is consistent with the General Plan and Design Guidelines,
and is complementary to the architecture and design of the development
project;
(B)
The sign program conforms to all applicable requirements of this
Code and any applicable specific plan or comprehensive development
plan;
(C)
The sign program is generally compatible with the design character
of adjacent properties and/or rights-of-way.
(4)
Appeals. Any decision made by the Planning Commission on a sign program may be appealed to the City Council pursuant to the procedures in Section 9-2.311, Appeals.
(5)
Time period for approval. The Planning Commission may approve a sign
program for an initial period of time not to exceed 10 years, or may
approve a lesser time period at its discretion. Requests for time
extensions shall be submitted to the Planning Commission for review
and approval, provided that the cumulative period of any such extension(s)
shall not exceed a period of 10 years from the initial approval date
of the sign program. The applicant or successor in interest may initiate
amendments to the approved sign program, which shall require Planning
Commission review and approval. Copies of approved sign programs shall
be maintained on file by the Department of Planning Services and used
as a basis for review of subsequent sign permits, where applicable.
(§ 2 Exh. A, Ord. 938,
eff. July 3, 2008; Ord.
No. 996, § 2, 8-7-2012)
(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 and as permitted through issuance of a temporary use permit in accordance with this section. The purpose of regulating land use activities of a temporary nature is to protect the public health, safety, and welfare; to ensure that temporary uses will be compatible with surrounding land uses; to protect rights of adjacent residents and property owners; to minimize adverse effects on surrounding properties and the environment; and to ensure that a temporary use is removed in a timely manner and that the site is restored to its original condition.
(b)
Uses allowed by temporary use permit. Any use identified in Section 9-3.553, Temporary Uses and Structures, may be permitted by approval of a temporary use permit. Other temporary uses which are determined by the Planning Director to be similar in nature and intensity to the uses listed in Section 9-3.553 may be permitted by approval of a temporary use permit, provided, however, that this process is not intended to allow establishment of a new use on property which would otherwise require discretionary land use approval. Establishment of a use in temporary or modular buildings does not constitute a temporary use, except as provided in Section 9-3.553
(c)
Application for temporary use permit. Application forms and required application information for the establishment of temporary uses shall be as prescribed by the Planning Director. Applications shall be submitted to the Department of Planning Services along with the required fee as established by City Council resolution. Once an application is received by the Department of Planning Services, the application will be reviewed pursuant to the timelines in Section 9-2.301. The Planning Director may require additional information where deemed necessary to complete the City’s review of the application.
(d)
Environmental
review. The Environmental Administrator shall review applications
for temporary use permits pursuant to the Environmental Quality Act.
(e)
Reviewing
authority. The Planning Director shall have the authority to approve,
approve with conditions, or deny application for the establishment
of temporary uses subject to findings. In cases where the Planning
Director determines that the temporary use may have impacts on surrounding
properties or the general public, the Planning Director may refer
the application to the Planning Commission for review and final action.
(f)
Notice requirements. Prior to rendering a decision the Planning Director shall provide written notice to contiguous property owners, and may expand noticing to property owners in the area, of the requested temporary use, pursuant to Section 9-2.302(h). In the event the Planning Director refers the application to the Planning Commission, notice of a public meeting shall be given pursuant to Section 9-2.302(g).
(g)
Appeals. Any decision regarding a temporary use permit may be appealed in accordance with Section 9-2.311, Appeals.
(h)
Time
period for approval. A temporary use permit may be approved for an
initial time period of one year. One extension of time not to exceed
an additional 12 months time may be granted by the Planning Director
for a temporary use permit, provided that no substantial changes have
been made to the approved plan and that all the original findings
and conditions of approval are determined by the Planning Director
to remain valid.
(i)
Conditions
of approval. The reviewing authority may establish conditions and
limitations on a temporary use, including but not limited to hours
of operation, provision of parking, signs, lighting, traffic control,
site improvements, noise control, sanitary facilities, waste management,
fire protection, provision of utilities, and other measures necessary
to minimize potential effects on properties in the vicinity. The City
may require a cash deposit or other security and/or indemnification
as approved by the City Attorney to defray the costs of cleanup of
a site by the City, in the event the applicant fails to leave the
property in a presentable and satisfactory conditions, or to guarantee
removal and/or conversion of any temporary use to a permanent use
allowed in the zone district.
(j)
Findings.
In order to approve or conditionally approve a temporary use permit
application or any extension of time thereof, the reviewing authority
must find that it meets the following criteria:
(1)
The temporary use is consistent with the General Plan, the zoning
district, and any applicable specific plan or comprehensive development
plan.
(2)
Appropriate measures have been taken and conditions of approval have
been added to protect the public health, safety, and welfare and to
minimize detrimental effects on other properties.
(3)
The temporary use will have adequate parking, access, and provisions
for pedestrian safety.
(4)
All temporary buildings and equipment meet applicable code requirements.
(5)
Adequate provision has been made to ensure removal of the temporary
use at the termination of the approval period, and restoration of
the site to its prior condition or better.
(k)
Termination
of temporary uses. Unless otherwise specified by an approved temporary
use permit, all sites for temporary uses shall be cleaned of trash,
debris, and any temporary structures within five days after termination
of the use.
(Ord. No. 938, § 2, 2008)
(a)
Purpose
and intent. The purpose and intent of this section is to establish
procedures necessary to achieve all of the following objectives:
(1)
That the City continue to realize the benefits provided by its urban
forest, including shade and microclimate control, soil stabilization
and protection, watershed protection, maintenance of healthy air quality,
preservation of scenic views, aesthetics and community character,
maintenance of habitat for birds and other wildlife, and protection
and enhancement of property values among other such benefits;
(2)
That suitable trees are maintained throughout the City, in a healthy
and nonhazardous condition;
(3)
That heritage trees are identified and preserved;
(4)
That the use of native, drought resistant and California-friendly
trees on public land private property is encouraged;
(5)
That a functional and manageable process for permitting tree removal
is provided for properties where such removal is necessary or will
not adversely impact adjacent properties or community character; and
(6)
That new tree planting is required or encouraged where appropriate
on public and private property, in order to create and maintain a
healthy urban forest of native and California-friendly trees, consistent
with the natural environment and rural character of San Juan Capistrano.
(b)
Exemptions.
The requirement for a tree removal permit does not apply to the following
circumstances:
(1)
Threat to public health, safety, or property. In the event of a situation
wherein a tree is causing a threat to human life, safety, or property,
the Planning Director or designee may authorize the removal of such
tree without issuance of a tree removal permit provided a written
opinion is provided by a qualified tree expert that the subject tree
is a threat to public health, safety, or property. In cases of immediate
hazard, such removal may be authorized by other agents of the City,
including directors of the City departments of Planning, Engineering
and Building, or Public Works. In cases where the Orange County Fire
Authority has determined that a tree is dead and is a threat or hazard,
the Planning Director or designee may authorize the removal of such
tree without issuance of a tree removal permit. This exemption also
includes tree removal by a utility company within a utility easement
in cases where a qualified tree expert has determined, in writing,
that such tree(s) are a hazard to utility lines or facilities. For
purposes of this section, a qualified tree expert shall mean a California-registered
professional forester or an arborist certified by the Western Chapter
of the International Society of Arboriculture (ISA), the California
Arborist Association (CAA), or other nationally recognized tree research,
car and preservation organization approved by the Director.
(2)
Orchards. Removal of trees which are growing on property 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, does not
require issuance of a tree removal permit.
(3)
Dead, diseased, structurally unsound, or unstable trees. In the event
that a tree is determined by a qualified tree expert to be unviable
because it is dead or dying, diseased, infested, structurally unsound,
unstable, overcrowded, or exhibits other characteristics which, in
the opinion of the qualified tree expert cause a need for tree removal,
the Planning Director or designee may authorize the removal of such
tree without issuance of a tree removal permit.
(4)
Single-family residential lot. Except for heritage trees and trees
located within front yard setbacks or any setback adjacent to a public
right-of-way or public trail easement, trees that are located within
the yard areas of a single-family residential lot may be removed without
issuance of a tree removal permit.
(5)
Trees with trunk diameter less than six inches measured three feet
above grade.
(6)
Trees that are invasive and/or inappropriate for the area as determined
by the Planning Director provided such trees are replaced with native
trees.
(c)
Applicability.
A tree removal permit shall be required as follows:
(1)
New development projects. Tree removals associated with a development
project that is subject to other discretionary land use approvals,
such as an architectural control or subdivision, may be permitted
in conjunction with the other discretionary approvals by the reviewing
authority for those approvals, subject to the reviewing authority
making the required findings in subsection (e) and adding conditions
of approval for replacement trees and landscaping in accordance with
the intent of this section and as deemed appropriate by the reviewing
authority.
(2)
Utility easements. Tree removal proposed by utility companies for
trees within utility easements shall require issuance of a tree removal
permit, except in cases where a qualified tree expert has determined,
in writing, that such tree(s) are a hazard to utility lines or facilities.
Nothing in this section shall be construed to prevent utility companies
from trimming trees, or otherwise maintaining the landscape within
an easement for the purpose of preventing damage to utility lines
or facilities.
(3)
Common landscaped areas. With the exception of non-heritage trees
that are located more than 50 feet from any adjoining public right-of-way,
public trail or private street, tree removal within common landscaped
areas of residential projects for the purpose of landscape maintenance,
such as by a homeowner’s association or other entity having
responsibility for property maintenance, shall require issuance of
a tree removal permit.
(4)
Nonresidential projects. Tree removal on nonresidential projects
for the purpose of landscape maintenance, including commercial centers
and business parks, shall require issuance of a tree removal permit.
(5)
City facilities and right-of-way. Tree removal by the City in the
public right-of-way, parkways, parks, or other City facilities shall
conform to the applicable provisions of this section regarding replanting
requirements, acceptable species, and review by a qualified tree expert
where required by the Planning Director to determine the viability
of trees proposed for removal. Any proposal by the City to remove
a heritage tree shall require Planning Commission approval pursuant
to subsection (f) of this section.
(6)
Individual residential lots. Tree removal on individual residential
lots for any tree within the front or street side yard setback, or
any required setback adjacent to a public or private right-of-way
or trail easement, shall require issuance of a tree removal permit.
(7)
Removal of any heritage tree, or any construction, grading, trenching,
or other disturbance within the critical root zone of a heritage tree,
shall require a tree removal permit in addition to compliance with
the requirements of subsection (f) of this section.
(d)
Tree
removal permit procedures.
(1)
Application filing.
(A)
An application for tree removal shall be filed with the Department
of Planning Services, along with the required fee as established by
resolution of the City Council. 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 application is found to
be incomplete, the Department of Planning Services will notify the
applicant in writing within 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. A report prepared
by a qualified tree expert may be required to complete submittal of
the application; such report shall include a description of the size,
type, health, and condition of the tree(s) proposed for removal, along
with any recommendations for enhancing or maintaining trees on the
site.
(B)
Site inspection may be conducted by the Planning Department to determine
existing conditions of trees, structures utilities, other landscaping,
and other relevant site conditions affecting the trees proposed for
removal and any proposed replacement trees.
(2)
The Planning Director may require notice of intended tree removal to Homeowner’s Associations and affected property owners located adjacent to the subject property, pursuant to Section 9-2.302(h).
(3)
The Planning Director may refer any tree removal permit application
to the Design Review Committee for review of the proposed tree removal,
proposed replacement tree(s), and associated landscaping.
(4)
Except for heritage tree removal permits, the Planning Director or
designee may approve a tree removal permit administratively, and may
add conditions of approval to ensure conformance with applicable provisions
of this Code. Alternatively, the Planning Director may refer a tree
removal permit to the Planning Commission based on a determination
that the proposed tree removal may affect other property owners or
the general public due to the size, number, type, or location of trees
proposed to be removed. The Planning Commission shall review any request
to remove a heritage tree.
(5)
Time period for approval. After approval, a tree removal permit shall
be valid for six months from the date of approval, except as otherwise
specified by the reviewing authority in the tree removal permit. Within
this time period, all conditions shall be completed, tree(s) removed,
and replacement tree(s) planted.
(6)
The City may conduct a reinspection or may request written or photographic
verification that conditions of approval for the tree removal permit
have been complied with, and that any required tree replanting has
occurred.
(e)
Findings
for approval of a tree removal permit. The reviewing authority may
approve the removal of trees as part of a discretionary project review
or tree removal permit application, based on an affirmative finding
that one or more of the following criteria are met as substantiated
by evidence in the record.
(1)
The tree proposed for removal is unsuitable to the planting area
in that the area is too small to accommodate the height, diameter
of trunk or canopy, or root zone of the tree, or excessive trees exist
on the site requiring thinning to maintain tree health;
(2)
The tree is an unsuitable variety for the site in that the species
is not a native variety, is not in keeping with the community character
of San Juan Capistrano, is of an invasive species, or otherwise conflicts
with the intent of this section;
(3)
Removal of the tree will not have an adverse impact on adjacent properties
or the general welfare in that its removal will not adversely impact
views, public streetscapes, or other aesthetic considerations;
(4)
Where appropriate, replacement trees have been proposed to maintain
the urban forest canopy and the replacement trees are more appropriate
to the site and to the planting area.
(f)
Heritage
tree provisions.
(1)
For the purposes of this section, a tree shall be deemed a heritage
tree and shall be protected from removal when such tree has a trunk
diameter at breast height (dbh) of 36 inches or greater, and is a
specimen of the following species: Schinus molle (California pepper);
Quercus spp. (oak); Cedar spp. (cedar); Eucalyptus globulus (blue
gum eucalyptus); Juglans spp. (walnut); Olea europaea (olive); Platanus
spp. (sycamore); Populus spp. (cottonwood); or as otherwise designated
by the Planning Commission based on the tree’s unique and intrinsic
value to the community because of its size, age, historic association
or ecological value.
(2)
Unless determined to be exempt from a tree removal permit by the
Director pursuant to subsection (b), heritage trees shall not be removed
without Planning Commission review and approval of a heritage tree
removal permit, based on an affirmative finding that one or more of
the following criteria are met as substantiated by evidence in the
record:
(A)
The heritage tree proposed for removal is unsuitable for the planting
area in that the area is too small to accommodate the height, diameter
of trunk or canopy, or root zone of the heritage tree, or excessive
trees exist on the site requiring thinning to maintain tree health;
(B)
The tree has been determined by a qualified tree expert to be unviable
because it is dead or dying, diseased, infested, structurally unsound,
unstable, overcrowded, or exhibits other characteristics which, in
the opinion of the qualified tree expert, cause a need for tree removal.
(3)
In approving a heritage tree removal permit, the Planning Commission
may add conditions of approval to ensure conformance with applicable
provisions of this Code.
(4)
Any proposal for construction, utility installation, paving, street improvements, or any other ground-disturbing activity within the drip line or critical root zone of a heritage tree shall require administrative approval by the Planning Director pursuant to Section 9-2.303(a)(4)9-2.303(a)(4) prior to issuance of permits, to ensure that such work will not adversely impact the health of the heritage tree. The Planning Director may require a report prepared by a qualified tree expert to document that such work will not adversely impact the tree. The Planning Director may forward the application to the Planning Commission for review.
(g)
Appeals. Any decision regarding a tree removal permit may be appealed in accordance with the provisions of Section 9-2.311, Appeals.
(h)
Recommended
tree selection guide. The use of California native/friendly and drought
tolerant trees shall be encouraged within the City. The Planning Department
shall maintain information on recommended trees for dissemination
to and use by the public in implementing this section.
(i)
Violations
and penalties.
(1)
Any person, property owner, firm or corporation, including a contractor
of the property owner, who violates any provision of this section,
shall be guilty of a misdemeanor. The City Attorney shall have the
authority to prosecute any violation of this section as an infraction,
in the interests of justice. Each unauthorized removal of a tree shall
constitute a separate offense and shall be subject to the following
penalties.
(A)
Any person convicted of a misdemeanor shall be punished by a fine
of not more than $1,000, or by imprisonment in the County Jail for
a period not exceeding six months, or by both such fine and imprisonment.
(B)
Any person convicted of an infraction shall be punished by:
(i)
A fine of $100 for a first violation;
(ii)
A fine of $200 for a second violation of the same provision
within one year from the date of the action constituting the previous
violation; and
(iii)
A fine of $500 for each additional violation of the same provision
within one year from the date of the action constituting the previous
violation.
(2)
In addition to the criminal remedies provided in subsection (i)(1)
of this section, the following remedies may be imposed:
(A)
Upon conviction of a violation of this section, all land use applications,
building permits, occupancy, and/or development permits for the subject
property upon which a violation of this section took place may be
suspended until a tree replacement and/or repair program, specified
by the Planning Director, is completed to the Director’s satisfaction.
The Director may require the violator to retain and pay the costs
of a qualified tree expert to develop and implement this program.
(B)
The City Attorney may file a civil action for damage or destruction
to any tree, for tree removal prior to approval of a development project
or a tree removal permit, and for those trees removed in violation
of approved plans. A dollar value for tree damage or loss shall be
assessed by using a Basic Value Method or Replacement Cost Method
as devised by the Council of Tree and Landscape Appraisers (CTLA).
(C)
Any property owner, firm or corporation, including a contractor of
the property owner, who violates any provision of this section, shall
be liable for a civil penalty not to exceed $1,000 for each violation
in accordance with Government Code Section 36901. The City Attorney
may file a civil action seeking such civil penalties. The civil penalty
prescribed herein may be sought in addition to injunctive relief,
specific performance or any other remedy; provided, however, that
a civil penalty shall not be sought for any violation for which a
criminal prosecution has been commenced.
(D)
A violation of this section shall also be deemed a public nuisance
and may be enjoined or abated by the City by means of a civil action
or administrative abatement.
(3)
Notwithstanding anything to the contrary contained in this section,
the negligent clearing of trees shall be punishable as an infraction.
For purposes of this section, negligent clearing shall mean any act
or omission, including excessive cutting or topping of the tree canopy,
and the inadvertent cutting or removal of all or a substantial part
of a tree or other vegetation within the critical root zone, that
negligently causes the tree to decline in health and/or die, a lack
of water or proper care, and other acts of negligence that result
in the decline in health or death of a tree.
(4)
Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of or failure
to comply with any provision of this section is committed, continued,
or permitted by such person, and shall be punishable accordingly.
(5)
In any civil, criminal or administrative action or proceeding commenced
by the City to abate a nuisance, to enjoin a violation of any provision
of this section, or to collect a civil penalty imposed by this section,
the City shall, if it is the prevailing party, be entitled to recover
from the defendant in any such action reasonable attorneys’
fees and costs of suit.
(6)
Nothing in this section shall prevent the City from taking other
such lawful action as is necessary to prevent or remedy any violation(s).
(Ord. No. 938, § 2, 2008; Ord. No. 1076, § 5, 2020)
(a)
Purpose
and intent. The purpose of granting a variance or minor exception
is to ensure that no property, because of special circumstances specifically
related to its size, shape, topography, location, or surroundings,
shall be deprived of privileges commonly enjoyed by other properties
in the same vicinity and zone district. No variance or minor exception
shall be granted for any property that 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.
(b)
Applicability. This section provides for the consideration of variances and minor exceptions to the regulations of this Land Use Code (Chapters 1 through 5, Title 9). The reviewing authority may grant a variance or minor exception from any property development standard (including setbacks, heights, parking requirements, and other numerical standards) in this Land Use Code, subject to the procedures set forth in this section. Except for the minor exceptions listed below, all requests to deviate from code requirements shall require approval of a variance. In calculating percentages specified in this section, rounding up of fractions shall not be permitted. The following deviations from code requirements may be processed as minor exceptions:
(1)
Minor exception for up to 10% of standard. Any deviation of a numerical standard contained in this Land Use Code (Chapters 1 through 5, Title 9) of 10% or less of the maximum or minimum standard may be granted, except as otherwise provided in this section.
(2)
Fence height minor exception. Excepting within any front yard setback
area, the maximum height of any fence, wall, hedge, or equivalent
screening may be increased by a maximum of 20%, where topography or
a difference in grade between abutting sites warrants such increase
in height to maintain a level of privacy, or to maintain effectiveness
of screening, or to provide additional security when warranted, provided
that the increased height does not encroach into the vehicle sight
distance or otherwise impede visibility of motorists.
(3)
Setback minor exception. The required side or rear yard setback may
be decreased by not more than 15% where the proposed setback area
or yard is in character with the surrounding neighborhood and is not
required as an essential open space or recreational amenity to the
use of the site, and where such decrease will not adversely affect
adjacent properties.
(4)
On-site parking minor exception. A maximum of 15% in the reduction
of on-site parking spaces may be granted to allow use of parking off-site
or through a joint parking agreement, provided that the reduction
will not result in an adverse impact on parking availability or traffic
congestion.
(c)
Reviewing
authority.
(1)
Variance requests shall be reviewed by the Zoning Administrator at a public hearing noticed pursuant to Section 9-2.302(f), except that if a variance application is filed concurrently with another application on the same site for the same development project that requires review by the Planning Commission, then the Planning Commission shall be the reviewing authority for such application in conjunction with the other pending application(s).
(2)
The Planning Director or designee shall be the reviewing authority for minor exceptions, with notice is given to contiguous property owners prior to the decision date pursuant to Section 9-2.302(h).
(d)
Application submittal. Applications for variances and minor exceptions may be filed with the Department of Planning Services, along with the required fee as established by City Council resolution. The Planning Director shall prescribe the form of application and the supporting information required to initiate the application review. Once an application is received by the Department of Planning Services, the application will be reviewed pursuant to the timelines set forth in Section 9-2.301.
(e)
Findings
required for approval. No variance or minor exception shall be approved
unless the reviewing authority makes all of the following findings:
(1)
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.
(2)
Granting of the variance or minor exception 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.
(3)
Granting of the variance or minor exception will not result in development
which is otherwise inconsistent with the provisions of the Land Use
Code or the General Plan.
(4)
Granting the variance or minor exception will not be materially detrimental
to the public health, safety, or welfare, or injurious to the properties
or improvements in the vicinity and land use district in which the
property is located.
(f)
Conditions
of approval. Any variance or minor exception granted may be subject
to such conditions as required by the reviewing authority to ensure
that the deviation from code requirements and standards 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. In approving a variance application,
the approving authority may also impose conditions of approval which
it deems necessary to ensure: (i) the compatibility of the land use
or development with existing and proposed land uses on surrounding
properties and (ii) consistency with the goals and policies of the
General Plan.
(g)
Appeals. Decisions on variance and minor exception applications may be appealed in accordance with Section 9-2.311, Appeals.
(h)
Time
period for approval. If construction or use of property authorized
by an approved variance or minor exception has not been commenced
within one year of approval, then the variance or minor exception
shall be rendered null and void, except that if such variance or minor
exception has been approved in conjunction with another discretionary
approval on the same property for the same development project, then
the time period for approval of the variance or minor exception shall
be the same as for the other application(s), including any time extension
thereof. Where circumstances warrant, the reviewing authority may
grant an extension of time for a period not to exceed 12 additional
months for a variance or minor exception filed with no concurrent
applications. A time extension for a variance application may be approved
by the Zoning Administrator subject to the same notification procedures
and findings used for the original application. A time extension for
a minor exception may be approved by the Planning Director subject
to the same notification procedures and findings use for the original
application.
(i)
Consistency
of working drawings with approved plans. A variance or minor exception
approval shall pertain only to those plans reviewed and approved by
the reviewing authority, and all approved plans shall be considered
an integral part of the approval. The Planning Director shall ensure
that any final working drawings for grading or construction authorized
by a variance or minor exception approval are consistent with approved
plans prior to issuance of building permits.
(j)
Revocation. A variance or minor exception 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 by the reviewing authority shall be held in accordance with Section 9-2.302(f) 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. Any decision by the reviewing authority to revoke or modify a variance or minor exception may be appealed pursuant to Section 9-2.311, Appeals.
(Ord. No. 938, § 2, 2008)
