The Environmental Overlay Districts, which include the Floodplain Management (FP), Noise Management (N), and Ridgeline and Open Space Preservation (RP) Districts, established by Section 9-3.101 Districts Established were created to provide regulations for certain special aspects of land use and development as they pertain to public safety, environmental protection, and the preservation of scenic and cultural resources. The Environmental Overlay Districts shall function as combination or overlay districts. They shall be used in combination with the Base Districts in the manner described in Section 9-3.403 Designation.
(Ord. No. 869, § 2)
The Environmental Overlay Districts shall be designated by means
of the following methods which may be used alone or in any combination
so that the boundaries and regulations of the Environmental Overlay
Districts are most clearly and effectively presented:
(a)
By
showing additional boundary lines and zone designations on the Official
Zoning Map by a pattern or by other appropriate means to show the
limits of the Environmental Overlay District;
(b)
By using the method set forth in subsection (a) of this section but using a separate Environmental Overlay Map as an appendix to the Official Zoning Map. In this case, the Official Zoning Map shall contain a written reference to the Environmental Overlay Map; and/or
(c)
By
describing the Environmental Overlay Districts and regulations in
the text of this title. In this case, the Official Zoning Map shall
contain written references to such textual descriptions.
(Ord. No. 869, § 2)
(a)
Purpose
and intent. The purpose and intent of the Floodplain Management (FM)
District is to protect the public health, safety, and general welfare
by discouraging physical encroachments and development of the 100
year floodplain, and protecting properties and persons from flood
perils. Furthermore, the intent and purpose of this district, is to:
(1)
Maintain the City’s eligibility in the Federal Government’s
National Flood Insurance Program;
(2)
Implement the General Plan Land Use, Conservation and Open Space,
Safety, and Floodplain Management Elements with respect to special
flood hazard areas; and
(3)
Manage land uses and structures by recognizing their risks and the
hazards associated with special flood hazard areas.
(b)
Applicability.
The provisions of this section shall apply to all lands situated within
special flood hazard areas as delineated by the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) for the City
of San Juan Capistrano dated September 15, 1989 and all subsequent
revisions thereof. The FIRMS define the minimum area of applicability
and may be supplemented at City discretion by additional studies which
the City prepares or which are prepared in conjunction with the submission
of a floodplain land use permit application and meet both the City
and FEMA standards.
(c)
Locational standards. Floodplain land use permit applications for uses or structures permitted by subsections (e)(2) and (e)(4) of this section shall meet the following standards:
(1)
Alternative location. No alternative location for the proposed project
exists on the property which is situated outside the limits of the
special flood hazard area. In applying this standard, the City will
consider existing development outside of the floodplain and the extent
of reasonable use from which the property owner presently benefits.
(2)
Structures. No enclosed principal or accessory structures shall be
permitted within Special Flood Hazard Zones “A” and “AE,”
the high hazard portion of the 100-year floodplain.
(3)
Significant public need. Channel realignments or major alterations
to the channel cross-section (geometric) shall only be permitted for
proposed projects which serve a “significant public need”
including but not limited to flood protection for existing development,
public utilities, wildlife habitat restoration, public recreational
facilities, primary and secondary arterial roads designated by the
General Plan Circulation Element, and other projects which satisfy
a specific public need.
(d)
Site development standards. Floodplain land use permit applications, building permits, grading permits, and development permits for uses or structures permitted by subsection (e) of this section shall comply with the following requirements:
(1)
Floodplain impact. Floodplain land use projects shall result in no
discernible net increase in water surface elevation, based on professionally
accepted engineering methodologies, of the 100-year floodplain; shall
not create or exacerbate erosive velocities within special flood hazard
areas and shall not contribute to upstream or downstream flooding
of properties not previously inundated by the 100-year storm event.
(2)
Federal and State agencies. Floodplain land use projects shall demonstrate
evidence of compliance with all Federal Emergency Management Agency,
California Fish and Game Department, United States Army Corps of Engineer,
and Regional Water Quality Control Board requirements, as amended
and in effect at the time the permit application is submitted and
deemed complete.
(3)
Site environmental impact. The site specific location of proposed
projects within special flood hazard areas shall be at that location
or locations which result in the least environmental impact as determined
by the environmental documents which are prepared to meet the requirements
of the California Environmental Quality Act (CEQA) as amended.
(e)
Land
use standards. The following land uses and structures may be permitted
within the special flood hazard zones indicated subject to the applicable
standards:
(1)
Special Flood Hazard Zones “A” and “AE,”
permitted uses subject to approval of a grading permit, if required,
which complies with the standards of subsection (d) Site development
standards:
(A)
Agricultural uses including orchards, tree crops, nurseries, and
similar horticultural uses but not including storage buildings, barns,
or other accessory structures.
(2)
Special Flood Hazard Zones “A” and “AE,”
permitted uses subject to the approval of a floodplain land use permit
which complies with the standards of subsections (c) Locational standards,
and (d) Site development standards:
(A)
Public utility structures and uses including water treatment plants,
wastewater treatment facilities which are consistent with the Master
Sewer Plan and transportation structures including bridges, primary
and secondary arterial roads and traffic control/management structures
which are consistent with the General Plan;
(B)
Recreational uses and minor accessory structures including playgrounds,
trails, golf courses, athletic fields, and accessory parking for recreational
uses;
(C)
Equestrian facilities such as riding arenas, training areas, and
similar uses which may include minor accessory structures such as
fencing, wash racks, watering trough, and similar improvements and
accessory parking for such uses; and
(D)
Flood-control structures including levees, channels, spreading basins,
detention areas, and diversion drains in accordance with plans approved
by the City of San Juan Capistrano.
(3)
Special Flood Hazard Zones “AH” and “AO,”
permitted uses subject to approval of a grading permit, building permit,
or development permit, if required, which complies with the standards
of subsection (d), Site development standards:
(4)
Special Flood Hazard Zones “AH” and “AO,”
uses permitted subject to the approval of a floodplain land use permit
application which complies with the standards of subsection (c), Locational
standards, and (d), Site development standards:
(A)
All uses which are permitted subject to approval of a floodplain
land use permit application in Special Flood Hazard Zones “A”
and “AE” and are not specifically permitted by the preceding
subsection;
(B)
Accessory recreational, agricultural, and equestrian structures including
storage areas and equipment sheds which are associated with permitted
uses in Special Flood Hazard Zones “A” and “AE,”
“AH,” and “AO”;
(C)
Commercial, industrial, and service structures and uses on existing
lots of record situated wholly within the special flood hazard zone
and which are permitted by the underlying zoning district; and
(f)
Floodplain land use permit. Prior to the issuance of any building permit, grading permit, or floodplain development permit for any structure or use cited in subsection (e)(2) or (e)(4) of this section, the project shall first secure approval of a floodplain land use application subject to the review procedures contained in Section 9-2.321 Floodplain Land Use Permit.
(Ord. No. 869, § 2)
(a)
Purpose
and intent. The purpose and intent of the Cultural Resources/Historic
Preservation (HP) District is to establish regulations for those areas
of the City which, due to their historical or cultural significance,
require special consideration to insure their preservation as a community
resource.
(b)
Principal
uses and structures permitted. The principal uses and structures permitted
in the Cultural Resources/Historic Preservation (HP) District shall
be the same as those permitted in the underlying Base District.
(c)
Conditional
uses and structures. The uses and structures permitted in the Cultural
Resources/Historic Preservation (HP) District subject to the approval
of a conditional use permit shall be the same as those conditionally
permitted in the underlying Base District.
(d)
General
requirements.
(1)
Any person desiring to demolish, remove, relocate, or alter any such
landmark shall receive City approval prior to such action, which is
set forth in the Inventory of Historical and Cultural Landmarks (IHCL)
or Sensitive Area Map adopted by the Council by resolution.
(2)
Failure to comply with the provisions of this section shall constitute
sufficient grounds for the revocation of any grading or building permit
and the temporary suspension of any operation otherwise being carried
out in compliance with such permits.
(e)
Permits.
(1)
Any person desiring to demolish, remove, relocate, or alter any landmark set forth in the IHCL shall be subject to Section 9-2.327 Historical and Cultural landmark Site Plan Review.
(2)
Any person desiring to construct site improvements on property identified
on the Sensitive Area Map shall comply with City Council Policy 601.
(Ord. No. 869, § 2)
(a)
Purpose
and intent. The purpose and intent of the Noise Management (N) District
is to:
(1)
Implement the Noise Element of the General Plan;
(2)
Mitigate disruptive and annoying sounds and vibrations emanating
from freeways, highways, and other mobile noise sources which are
detrimental to the public health, safety, and welfare;
(3)
Require effective exterior-to-interior noise reduction measures in
new residential construction within the City; and
(4)
Establish minimum requirements for internal noise reduction in residential
units in order to achieve adequate acoustical privacy.
(b)
Applicability of regulations. The Noise Management (N) District shall include any area within the City which is impacted by a mobile noise source which produces within such area an average ambient noise level of 60 dB(A) or more. The method of noise measurement shall be by means of a sound level meter as set forth in Section 9-3.531 Noise Standards.
(c)
Principal
uses and structures permitted. The principal uses and structures permitted
in the Noise Management (N) District shall be the same as those permitted
in the underlying Base District.
(d)
Conditional
uses and structures. The uses and structures permitted in the Noise
Management (N) District subject to the approval of a conditional use
permit shall be the same as those conditionally permitted in the underlying
Base District.
(e)
Design
standards. The following standards shall apply to all residential
developments which are constructed within the Noise Management (N)
District:
(1)
Structural soundproofing. Soundproofing shall be provided for all
dwelling units. The amount and type of soundproofing for walls, roofs,
and windows shall be sufficient to maintain a maximum ambient noise
level in living areas no greater than 45 dB(A) with all windows, doors,
and other openings closed.
(A)
Windows. To meet the required ambient noise level in living areas,
all windows, both fixed and openable, shall consist of either double-strength
glass or double-paned glass. All windows facing sound waves generated
from the mobile noise source shall be manufactured and installed to
specifications which prevent any sound from window vibration caused
by the noise source.
(B)
Doors. Doors shall be acoustically designed with gasketed stops and
integral drop seals.
(C)
Roofs and ceilings. Special insulation or design features may be
required for roofs and ceilings to meet the required interior ambient
noise level.
(D)
Walls. The exterior walls of living areas shall be of a special type
construction and/or include special insulation, depending on the maximum
ambient noise levels generated at any time in a particular area.
(2)
Air-conditioning. Any dwelling unit may be required to be equipped
with an air-conditioning system installed to service all living areas
of the dwelling unit.
(3)
Noise source buffering. To maintain an ambient noise level no greater
than an average 60 dB(A) in residential yards adjacent to the major
noise source, earth berms, or decorative block or concrete walls,
or a combination thereof, shall be installed within a landscaped buffer
strip. The specific standards for the buffer strip, such as the width,
and the height and all improvements within the strip as deemed necessary
and desirable, shall be specified during the applicable development
review procedure as set forth in Article 3 Development Review Procedures
of Chapter 2 of this title. The area used for the buffer shall not
be included in the required side or rear yard area or in the required
minimum lot area. Landscaping materials for the buffer area shall
be restricted to hardy evergreen shrubs and trees of a size, species,
and spacing subject to approval by the Planning Director.
(Ord. No. 869, § 2)
(a)
Intent
and purpose. The intent of thin section is to establish grading and
construction zoning controls for the purpose of implementing preservation
of ridgeline goals as stated in the Conservation and Open Space Element
of the General Plan. The controls stated herein shall apply to all
hillside areas for which major ridgeline preservation has been designated
on the Official Zoning Map.
(b)
Principal
uses permitted. The principal uses permitted in the Ridgeline and
Open Space Preservation (RP) District shall be the same as those permitted
in the underlying base district, except that no structures or construction
activity of any kind, including but not limited to grading, are permitted.
(c)
Specific prohibition. No construction activity, including but not limited to grading; on any major ridgeline so designated on the General Plan Map shall be allowed more specifically, no construction activity, including but not limited to grading, shall be permitted within 200 feet (horizontal) of a General Plan designated ridgeline, or as designated on a final City subdivision map in accordance with required development conditions, except as allowed under subsection (e) Exemptions.
(d)
Applicability. Notwithstanding the specific prohibitions set forth in subsection (c) above, exceptions may be granted in accordance with the following procedure:
(1)
An applicant may file an application for an exception with the Department
of Planning Services. Said application shall be fled on forms and
submitted with information as required by the department.
(2)
Applications shall be heard following public hearings pursuant to
Section 9-3.335 Public Hearing Procedures by the City Planning Commission.
The Planning Commission shall forward its recommendation to the City
Council for approval, conditional approval, or denial.
(3)
Required findings. An application for an exception shall not be approved
by the City Council unless the following findings can be made:
(A)
Proposed grading does not encroach into a designated ridgeline except
in those instances where an arterial roadway identified by the Circulation
Element of the General Plan, or other required roadway as determined
necessary by the City to protect the public health, safety and general
welfare, or where necessary for remedial grading. Special grading
techniques are to be used to mitigate their impact and create a natural
appearance with the contouring and blending of grades and landscaping
with the existing topography; and/or
(B)
Any construction activity, including but not limited to grading,
proposed to encroach into the 200-foot horizontal buffer adjacent
to a designated ridgeline satisfies the following minimum criteria:
(i)
No structure, as defined by the Uniform Building Code, encroaches
visually upon a designated ridgeline by interrupting its skyline profile
as viewed by surrounding valleys,
(ii)
Any construction activity, including but not limited to grading,
does not encroach upon the ridgeline profile and shall be contoured
in such a manner as to provide a natural appearance. Said design as
a minimum includes the use of variable slope gradients, rounding of
tops and toes of slopes, blending of contours with the natural topography;
and
(C)
The application is compatible with all provisions of the Conservation
and Open Space Element of the General Plan.
(D)
Grading and construction will not occur in areas within or adjacent
to the 200 buffer where the approval of a final subdivision reap required
the dedication of open space areas.
(e)
Exemptions.
The following are exempt from the provisions of this section:
(1)
Previously-approved projects exempted. Any development proposal calling
for the construction of a structure in a ridgeline area having already
received approval, pursuant to the adopted regulations in effect at
the time of approval, prior to enactment of this section shall be
exempt.
(2)
Minor fences. Fences of an open agricultural nature may be permitted
subject to approval by the Planning Director.
(Ord. No. 869, § 2)
