(a) 
General requirements. Accessory uses and structures may be developed as permitted in this section provided such uses are located on the same lot or parcel of land as the principal use, and such uses are incidental to, and do not alter, the use of land as permitted within the specific district in which they are located.
(b) 
Accessory structures.
(1) 
Attached accessory structures. A fully-enclosed, attached accessory structure shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the principal structure. Open patio covers shall be regulated by subsection (d) of this section. Decks shall be regulated by subsection (f) of this section.
(2) 
Detached accessory structures. Detached accessory structures shall satisfy all of the following requirements:
(A) 
Shall not exceed the height of the principal structure on the building site;
(B) 
Shall conform to the front and side yard requirements of the applicable district;
(C) 
Shall maintain a minimum separation of six feet between the detached accessory structure and the main building; and
(D) 
If less than 450 square feet in gross floor area, the structure shall be located a minimum distance from the parcel’s rear property line equal to the height of the structure. However, if the structure is 450 square feet or more in gross floor area, the structure shall conform to the same rear yard setback requirement as required for main buildings in the applicable district.
(E) 
For detached fireplaces and landscape structures with a height less than six feet, they shall maintain the minimum side yard setback for the district, and maintain a minimum five foot rear yard setback. If the height is greater than six feet, said structures shall comply with subparagraph (2)(D) above.
(F) 
Recreational play structures including swings, playgrounds, etc., shall maintain the same side yard setback for the district, with a minimum five foot rear yard setback.
(c) 
Reserved.
(d) 
Patio covers. Patio covers may be erected as accessory structures in conjunction with the principal use on the building site subject to the following requirements:
(1) 
A wholly enclosed covered patio shall maintain the same yard requirements as set forth for the main structure.
(2) 
An open patio cover may be erected within the required rear yard to a minimum of five feet from the rear property line. Such structure shall maintain the same front and side yards as required for the principal structure on the building site.
(3) 
Patio covers located within the Planned Community (PC) District, Multiple Family (RM) District, or Affordable Family/Senior Housing (AF/SH) District where individual lots for each residential units are not created shall be permitted only upon the approval of a site plan and building designs by the Planning Commission. Issuance of building permits shall be approved upon a finding of consistency with the Planning Commission approved plans.
(e) 
Tennis courts. The tennis courts permitted in the Agri-Business (A), Residential/Agriculture (RA), Hillside Residential (HR), Single-Family-40,000 (RSE-40,000), Single-Family-20,000 (RSE-20,000), Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000), and Single-Family-4,000 (RS-4,000) districts shall conform to the following development standards:
(1) 
Location. No tennis court shall be permitted to encroach into the rear, side, or front yard setback. In addition, tennis courts shall be located no closer than 40 feet from any dwelling on an adjacent lot.
(2) 
Grading: The total depth of fill area shall not exceed four feet in height. The use of retaining walls to support this fill is prohibited. The total depth of cut area shall not exceed 12 feet in height, provided the cut slope or retaining wall is not visible from adjoining properties. Tennis courts shall not be located on areas where the natural slope is in excess of 25%.
(3) 
Fences. The fencing around tennis courts shall not exceed 12 feet in height and shall be screened, unless otherwise approved by the Environmental Administrator.
(4) 
Lighting. The maximum height for tennis court lighting (fixture and pole) shall not exceed 18 feet. All such lights shall be shielded so as to confine all direct rays to the subject property and minimize spillover outside of the tennis court area.
(5) 
Required review. All tennis courts not requiring a conditional use permit shall be reviewed by the Environmental Administrator to determine compliance with the standards set forth in this subsection and to set conditions to minimize adverse impacts of tennis courts on nearby properties. Such conditions of approval may include such items as screening and landscaping.
(f) 
Decks. For purposes of this subsection, “decks” shall mean any platform construction more than 30 inches above finished grade. Decks may be erected as accessory structures in conjunction with the principal use on the building site subject to the following requirements:
(1) 
Attached decks.
(A) 
Setbacks.
(i) 
Front yard setback. Attached decks shall conform to the front yard requirements of the applicable district.
(ii) 
Side yard setback. If an attached deck is 450 square feet or more in gross floor area, the deck shall conform with the side yard requirement of the applicable district. If the attached deck is less than 450 square feet in gross floor area, the deck may extend into a side yard not more than 40% of the applicable district requirement or three feet, whichever is greater.
(iii) 
Rear yard setback. If an attached deck is less than 450 square feet in gross floor area, the deck may be located a minimum distance from the rear property line equal to the height of the structure from finish grade or a minimum of five feet, whichever is greater. However, if the deck is 450 square feet or more in gross floor area, the deck shall conform to the same rear yard setback requirement as required for the principal structure in the applicable district.
(B) 
Attached decks over six feet in height measured from finished grade shall not exceed 40% of the total length of the main building elevation to which it is attached.
(2) 
Detached decks. Detached decks shall comply with the requirements for detached accessory structures in subsection (b)(2) of this section.
(g) 
Additional development standards for accessory structures in residential districts. Accessory structures located in the Hillside Residential (HR), Single-Family-40,000 (RSE-40,000), Single-Family-20,000 (RSE-20,000), Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000), Residential Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000), Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), and Planning Community (PC) districts shall be subject to the development standards for that district, as well as the following requirements:
(1) 
Exterior sides which are to enclose the structure shall be finished with wood, stucco, masonry, or other material of similar texture and durability.
(2) 
The roof material shall be wood shingle or shake, slate, tile, asphalt shingle, or other material of similar appearance, texture, substance, and durability.
(3) 
Roof eaves and gables shall be no less than 12 inches, measured from the vertical side of the unit, unless otherwise approved by the Planning Director or, upon referral, the Planning Commission.
(4) 
Exterior finish colors for accessory structures shall be the same as the principal structure.
(5) 
Prohibited materials. The following building materials shall not be used in the construction and finish of an accessory structure:
(A) 
Exterior sides of accessory structures shall not use metal siding and/or exposed metal supports, cloth, canvas, plastic sheeting, corrugated fiberglass, or corrugated metal.
(B) 
Roofs of accessory structures shall not use cloth, canvas, plastic sheeting, corrugated fiberglass, or corrugated metal.
(C) 
The use of the above finish materials may be used upon review by the Planning Director and confirmation by the Planning Commission if it is determined that the material will have a finish appearance of either wood, stucco or masonry, or is used in such a manner that it is not visible from any off-site properties.
(D) 
Accessory structures listed on the inventory of historic and cultural landmarks and/or located in designated historic districts. Existing accessory structures located in a designated historic district or listed on the City’s inventory of historic and cultural landmarks shall be subject to all provisions of this section with the exception of prohibited building materials where said material is used as a finish material on an existing structure.
(h) 
Exempted structures. An “exempted structure” shall be subject to the following requirements:
(1) 
Prefabricated sheds. Prefabricated sheds with a projected roof area of 120 square feet or less are exempt from the provisions of this section.
(2) 
Awnings. Awnings that use prohibited materials shall be permitted if they meet the following provisions:
(A) 
In all residential districts where the awning is structurally attached to the principal permitted structure and does not extend more than 54 inches from the wall surface to which it is attached.
(B) 
In all nonresidential districts where the awning is structurally attached to the principal permitted structure shall be subject to review and approval by the Planning Commission and/or Planning Director per applicable provisions of this title.
(i) 
Accessory structures with prohibited materials. Any existing legal nonconforming accessory structure with prohibited materials shall be subject to Section 9-3.533 Nonconforming Uses, Lots, and Structures.
(Ord. No. 869, § 2, 2002; Ord. No. 881, § 2; Ord. No. 1046, § 4, 2017; Ord. No. 1077, § 3, 2020)
(a) 
Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.
(b) 
Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) 
Deemed to be inconsistent with the City’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) 
Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) 
Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) 
Required to correct a nonconforming zoning condition, as defined in subsection (c)(7) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
(c) 
Definitions. As used in this section, terms are defined as follows:
"Accessory dwelling unit" or “ADU”
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(1) 
An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
(2) 
A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Accessory structure"
means a structure that is accessory and incidental to a dwelling located on the same lot, including attached or detached garages, covered patios, storage sheds and cabanas.
"Building height"
means the vertical distance from finished grade or flood protection elevation to the topmost point of the roof of a building or to the highest point of a structure other than a building, as shown in Figure 2. Chimneys, finials, and other rooftop architectural projections are not included in determining building height.
For structures in hillside areas, allowable building height shall be determined by connecting an imaginary line, at the applicable building height standard, between a series of vertical lines drawn at the uppermost and the lowermost finish grades of a building (typically measured at a point five feet away from the vertical building wall), as shown in Figure 3. For purposes of this definition, “hillside area” means an area in which the average slope of the building footprint area is 10% or more. For structures in hillside areas that are constructed on a foundation system that include one or more retaining walls or other retaining system, the measurement to establish allowable building height shall be measured from five feet outside of the retaining wall or system used to support the building.
-Image-6.tif
Figure 2: Building Height on Level Lot
-Image-7.tif
Figure 3: Building Height on Hillside
“Complete independent living facilities”
means permanent provisions for living, sleeping, eating, cooking, and sanitation. Cooking provisions shall include the use of built-in appliances such as built-in ovens or stoves, as opposed to counter-top ovens and hot plates.
"Efficiency kitchen"
means a kitchen that includes each of the following:
(1) 
A cooking facility with appliances.
(2) 
A food preparation counter that is of reasonable size in relation to the size of the junior accessory dwelling unit.
(3) 
Food storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
"Junior accessory dwelling unit" or “JADU”
means a residential unit that satisfies all of the following:
(1) 
It is no more than 500 square feet in size.
(2) 
It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
(3) 
It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(4) 
If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(5) 
It includes an efficiency kitchen, as defined in subsection (c)(5) above.
"Nonconforming zoning condition"
means a physical improvement on a property that does not conform with current zoning standards regardless of whether the nonconforming condition was lawfully created in compliance with all applicable ordinances and laws at the time the lot or physical improvement was created.
"Public transit stop"
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(d) 
Review process. The following two review processes apply to proposed ADUs and JADUs under this section:
(1) 
Building permit review. The following four categories of ADUs or JADUs are allowed with only a building permit if all of the general requirements listed in subsection (e) below are met:
(A) 
Integrated ADUs and JADUs on single-family lots. One detached or attached ADU with no maximum size limit and one JADU is allowed on a lot that contains a proposed or existing single-family dwelling, regardless of the underlying residential zoning, if the integrated ADU and JADU meets all of the following requirements:
(i) 
Location. The ADU and JADU is located either:
a. 
Within the space of a proposed single-family dwelling, or
b. 
Within the space of an existing single-family dwelling, or
c. 
In the case of an ADU only, within the space of an accessory structure as defined in subsection(c)(2), plus up to 150 square feet of additional habitable floor area to accommodate ingress and egress;
(ii) 
Has exterior access that is independent of that for the single-family dwelling;
(iii) 
Has minimum interior side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
(iv) 
The JADU complies with the requirements of Government Code Section 65852.22.
(B) 
New Detached ADUs on single-family lots. One detached, new-construction ADU is allowed on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(A) above), regardless of the underlying residential zoning, provided the detached ADU meets each of the following requirements:
(i) 
The side- and rear-yard setbacks are at least four feet; and
(ii) 
The total floor area is 800 square feet or smaller; and
(iii) 
The peak height above grade does not exceed the applicable height limit in subsection (e)(6) below.
(C) 
Converted ADUs on multifamily lots. One or more ADUs within portions of existing multifamily structures that are not used as livable space, regardless of the underlying residential zoning. Non-livable space that may be converted to an ADU may include, but is not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided each converted ADU complies with State building standards for dwellings. At least one converted ADU is allowed within an existing multifamily structure, and the maximum number of ADUs that may be created within an existing multifamily structure is equal to 25% of the existing multifamily dwelling units within that structure.
(D) 
New detached ADUs on multifamily lots. No more than two detached new construction ADUs are allowed on a lot that has an existing or proposed multifamily structure, regardless of the underlying residential zoning, provided each new detached ADU meets both of the following requirements:
(i) 
The side and rear yard setbacks are at least four feet. If the existing multifamily structure has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily structure as a condition of approving the ADU.
(ii) 
The peak height above grade does not exceed the applicable height limit provided in subsection (e)(6) below.
(2) 
Zoning-compliance review.
(A) 
Except as allowed under subsection (d)(1) above, no ADU may be created without both a building permit and a zoning-compliance review to ensure that the proposed ADU is in compliance with the standards set forth in subsections (e) and (f) below.
(B) 
The City may charge an application fee, adopted by City Council resolution, to reimburse it for costs incurred in the zoning-compliance review of an ADU.
(C) 
The zoning-compliance review of an ADU is a ministerial action, without discretionary review or a hearing.
(e) 
General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:
(1) 
Zoning.
(A) 
An ADU or JADU subject only to a building permit under subsection (d)(1) above may only be created on a lot located within a single-family or multifamily zoning district. The City has no mixed-use zoning district.
(B) 
An ADU or JADU subject to zoning-compliance review under subsection (d)(2) above may only be created on a lot in areas zoned to allow single-family or multifamily dwelling residential use.
(2) 
Timing. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) 
The applicant requests a delay, in which case the 60 day time period is tolled for the period of the requested delay; or
(ii) 
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered a ministerial action without discretionary review or a hearing.
(3) 
Application denial—Comments. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60 day time period established by subsection (e)(2) above.
(4) 
Demolition permits. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(5) 
Fire sprinklers.
(A) 
Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(B) 
The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(6) 
Height.
(A) 
Except as otherwise provided by subsections (e)(6)(B) and (e)(6)(C) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
(B) 
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(C) 
A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(D) 
An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(6)(D) may not exceed two stories.
(7) 
Rental term. No ADU or JADU may be rented for a term that is shorter than 30 calendar days. This prohibition applies regardless of when the ADU or JADU was created.
(8) 
No separate conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(9) 
Owner occupancy.
(A) 
An ADU permitted after January 1, 2020, but before January 1, 2025, is not subject to an owner-occupancy requirement.
(B) 
Unless applicable law requires otherwise, all ADUs that are created on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
(C) 
As required by state law, all JADUs regardless of when they are created are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or the JADU, as the person’s legal domicile and permanent residence. The owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by a governmental agency, land trust, or housing organization.
(10) 
Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director of Development Services. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(A) 
Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling; and
(B) 
The ADU or JADU is restricted to the approved size and to other attributes allowed by this section; and
(C) 
The deed restriction runs with the land and may be enforced against future property owners; and
(D) 
The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director of Development Services, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code; and
(E) 
The deed restriction is enforceable by the Director of Development Services or designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
(11) 
Building and safety.
(A) 
Must comply with building code. Subject to subsection (e)(11)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) 
No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(11)(B) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(f) 
Specific ADU requirements. The following requirements apply only to ADUs that require zoning compliance review under subsection (d)(2) above.
(1) 
Maximum Size.
(A) 
The maximum size of a detached or attached ADU subject to this subsection (f) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
(B) 
A new attached ADU that is created on a lot with an existing primary dwelling is limited in area to 50% of the floor area of the existing primary dwelling or the limits in subsection (f)(1)(A) above, whichever is less.
(C) 
Application of other development standards in this subsection (f), such as lot coverage, may further limit the size of an ADU. However, no application of the percentage-based size limit in subsection (f)(1)(B) above or the lot-coverage limit in subsection (f)(3) below may require the ADU to be less than 800 square feet.
(2) 
Setbacks.
(A) 
Subject to subsection (f)(2)(B) below, an ADU subject to this subsection (f) must conform to a 30 foot front yard setback.
(B) 
If the front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may encroach into the required front yard setback as necessary to enable the construction of an 800 square foot unit.
(C) 
An ADU subject to this subsection (f) must conform to four foot side and rear yard setbacks.
(D) 
No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(3) 
Lot coverage. A new attached or detached ADU under this subsection (f) is subject to a lot-coverage limit of 0.35, subject to subsection (f)(1)(C) above.
(4) 
Passageway. No pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU is required.
(5) 
Parking.
(A) 
One off-street parking space measuring at least nine feet wide by 19 feet long is required for each ADU on the property where the ADU is located. The required parking space may be provided in a garage or carport or on a driveway or within a paved setback area and may be configured as tandem parking. If the owner elects to provide the parking space in a garage or carport, the garage or carport is subject to any applicable zoning standards of Title 9 of this Code.
(B) 
The new attached or detached ADU and primary dwelling must use the same driveway apron to access the street, unless a separate driveway apron for the new ADU is required by the fire authority.
(C) 
Exceptions. No parking under subsection (f)(5)(A) is required in the following situations:
(i) 
The ADU is located within one-half mile walking distance of a public transit stop, as defined in subsection (c)(8) above.
(ii) 
The ADU is located within the Los Rios Historical Residential District or the Mission Residential Zoning District.
(iii) 
The ADU is integrated into a proposed or existing primary residence or garage or other accessory structure under subsection (d)(1)(A).
(iv) 
When on-street parking permits are required but not offered to the occupant of the ADU.
(v) 
When there is an established car share vehicle stop located within one block of the ADU.
(vi) 
When the permit application to create an ADU is submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria in subsections (f)(5)(C)(i) through (f)(5)(C)(v) above.
(D) 
No replacement. When a garage, carport, or other covered-parking structure is demolished in conjunction with the construction of an ADU or if a garage, carport or other covered-parking structure is converted to an ADU, those off-street parking spaces are not required to be replaced.
(6) 
Architectural requirements.
(A) 
The exterior sides of the ADU shall be covered with wood, stucco, masonry, or other material of the same appearance and durability. Metal siding shall not be permitted.
(B) 
The roof material of the ADU shall be wood shingle or shake, slate, tile, or other material of the same appearance and durability.
(C) 
The roof eaves and gables of the ADU shall be no less than 12 inches, as measured from the vertical side of the unit.
(D) 
If the ADU would be visible from an adjoining public right-of-way, the materials and colors of the exterior walls, roof, windows and doors of the ADU must match the appearance and architectural design of those of the primary dwelling.
(E) 
If the ADU would be visible from an adjoining public right-of-way, the roof slope of the ADU must match the dominant roof slope of the primary dwelling, if feasible. The dominant roof slope is the slope of the largest portion of the roof.
(F) 
Exterior lighting of the ADU must be limited to down-lights or as otherwise required by the building or fire code.
(G) 
The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(H) 
Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight to contiguous residential property.
(7) 
Historical protections. The architectural treatment of a new attached or detached ADU to be constructed on a lot that has an identified historical resource listed on the California Register of Historic Resources must comply with all applicable ministerial requirements imposed by the Secretary of the Interior.
(8) 
Septic system. If the ADU will connect to an onsite water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(9) 
Ridgeline protection. No ADU, or grading related to construction of an ADU, shall be permitted within 200 feet (horizontal) of a General Plan designated ridgeline, or as designated on a final City subdivision.
(g) 
Fees. The following fees apply to all ADUs and JADUs approved by the City under this section.
(1) 
Impact fees.
(A) 
No impact fee is required for an ADU that is less than 750 square feet in habitable floor area.
(B) 
Any impact fee that is required for an ADU that is 750 square feet or larger in habitable floor area must be charged proportionately in relation to the habitable floor area of the primary dwelling unit (e.g., the habitable floor area of the primary dwelling, divided by the habitable floor area of the ADU, times the typical fee amount charged for a new dwelling). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(2) 
Utility connections and fees. ADUs are subject to the utility connection requirements and fees or charges imposed by the applicable utility provider.
(h) 
Nonconforming zoning code conditions, building code violations, and unpermitted structures.
(1) 
Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) 
Unpermitted ADUs constructed before 2018.
(A) 
Permit to legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(i) 
The ADU violates applicable building standards; or
(ii) 
The ADU does not comply with State ADU law (Government Code Section 65852.2) or this ADU ordinance (Section 9-3.501.1).
(B) 
Exceptions.
(i) 
Notwithstanding subsection (h)(2)(A), the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(ii) 
Subsection (h)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
(i) 
Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (a) through (h) of this section may be allowed by the City with a zone variance, in accordance with Section 9-2.351 of this Code.
(Ord. No. 1097, § 2, 2022; Ord. No. 1101, § 3, 2022; Ord. No. 1106, § 4, 2022; Ord. No. 1113, § 4, 2023)
(a) 
Purpose. The purpose of this section is to regulate personal, medical, and commercial marijuana uses. Nothing in this section shall preempt or make inapplicable any provision of State or Federal law.
(b) 
Personal use.
(1) 
For purposes of this subsection, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the City to the extent it is unlawful under California law.
(2) 
Outdoor cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
(3) 
Indoor cultivation.
(A) 
A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
(B) 
To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, unless the person is issued an indoor cultivation permit by the Planning Division. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the City which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.
(C) 
The Planning Division will issue application and processing guidelines for the indoor cultivation permit. No indoor cultivation permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing requirements.
(c) 
Medical use.
(1) 
Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health and Safety Code is subject to the cultivation requirements laid out in Section 9-3.502(b).
(2) 
The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.
(d) 
Commercial use. The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:
(1) 
The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;
(2) 
The cultivation of marijuana;
(3) 
The manufacturing or testing of marijuana, marijuana products, or marijuana accessories; or
(4) 
Any other business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, as it may be amended from time to time.
(e) 
Violations. No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in Chapter 2, of Title 1 of this Municipal Code and/or under State law.
(Ord. No. 1028, § 2, 2016; Ord. No. 1038, § 2, 2016)
(a) 
Purpose and intent. Special locational regulations and operational standards of adult-oriented businesses are necessary to ensure that the secondary adverse effects caused by the operational characteristics will not contribute to the blighting or downgrading of the surrounding neighborhoods, nor the concentration or clustering of such businesses in any area.
(b) 
Adult-oriented business. Adult-oriented businesses shall consist of the following types of uses as defined in Appendix “A” of this Land Use Code:
(1) 
Adult bookstore;
(2) 
Adult, hotel;
(3) 
Adult mini-motion picture theater, adult motion picture arcade, adult motion picture theater;
(4) 
Adult cabaret, nightclub theater or other establishment which features live performances where such performers are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical parts;
(5) 
Encounter center or rap study as defined in Appendix “A” of this Land Use Code; or
(6) 
Adult model studio.
(c) 
Establishment. Adult-oriented businesses may be established as a principal permitted use in those districts so identified under Article 3 Base District Regulations/Standards of this chapter. Said establishment of use shall be subject to the following locational and design standards:
(1) 
The adult-oriented business shall not be located within 300 feet of any residential zone or use unless the proposed location of the adult-oriented business is physically separated from the residential zone or residential use by a freeway or storm drainage channels for Trabuco and San Juan Creeks.
(2) 
The adult-oriented business shall not be located within 300 feet of any lot upon which there is properly located a public park, school (public or private) or religious institution, unless the proposed location is physically separated from the public park, school or religious institution by a freeway or storm drainage channels for Trabuco and San Juan Creeks.
(3) 
The adult-oriented business shall not be located within 1,000 feet of any other adult-oriented business.
(4) 
The adult-oriented business shall provide one parking space per occupant as based upon the maximum occupancy as determined by the building official. Said off-street parking area and the premises entries shall be illuminated from dusk to closing hours of operation with a lighting system consistent with the design provision of Section 9-3.529, Lighting standards, which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and all walkways.
(5) 
The adult-oriented business shall be located completely within a permanent building affixed with a foundation to the ground.
(6) 
The exterior of the building including windows and entrances shall be designed to prohibit the observation of any materials or activities depicting, describing or relating to any specified sexual activities or specified anatomical parts from any location outside the establishment’s building. This provision shall preclude any display, decoration, sign (excepting the name of the facility), show window or other opening.
(7) 
The adult-oriented business premises shall provide sufficient sound-absorbing insulation so that noise generated inside the premises is not audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building or other buildings located on the same property.
(8) 
All interior areas of the premises within which patrons are permitted (except restrooms) shall be open to an unobstructed view with the naked eye, and without the aid of any cameras, mirrors or other devices by the management at all times.
(9) 
An interior floor plan shall designate all areas of the establishment that patrons or visitors are permitted, along with areas that are to be restricted to employees’ use only.
(10) 
Separate restroom facilities shall be provided for patrons/visitors and employees. These separate facilities shall include separate restrooms for male and female patrons and separate restroom facilities for male and female employees. The restrooms shall be free from any sexually oriented material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.
(11) 
All areas of the adult-oriented business shall be illuminated at the following minimum footcandle levels:
Adult-Oriented Business
Minimum Footcandles
Bookstores and other retail establishments
20
Theaters and cabarets
5 (except during performances, at which times lighting shall be at least 1.25 footcandles)
Adult arcades
10
Motels/hotels
20 (in all public areas)
Modeling/rap studios
20
(12) 
All live performance areas shall be upon a stage at least 18 inches above the level of the floor which shall be separated by a distance of at least 10 feet from the nearest area designated for patrons and visitors. This 10 foot separation will be restricted to employees only while the stage is occupied by a performer.
(13) 
Separate dressing facilities shall be provided and exclusively dedicated for the use of performers.
(14) 
Access for performers between the stage and the dressing rooms shall be completely separated from the patrons.
(15) 
The business shall provide an entrance/exit for performers and employees which is completely separate from the entrance/exit used by patrons.
(16) 
Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.
(d) 
Operational standards. Adult-oriented businesses and adult-oriented business performers shall comply with the following operational standards. Failure to comply with these operational standards may be cause for suspension or revocation of the adult-oriented business permit and/or the adult-oriented business performer permit.
(1) 
No performer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during or after performances by such performer. This section shall only apply to any physical contact on the premises, including the parking lot of the adult-oriented business.
(2) 
No patron shall directly pay or give any gratuity to any performer.
(3) 
No owner or other person with managerial control over the adult-oriented business (as that term is defined by the Municipal Code) shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernible turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
(4) 
Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety based upon the following standards:
(A) 
Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupant limit of the premises is greater than 35 persons, an additional security guard shall be on duty. One additional security guard shall be added for each additional increase in occupancy of 35 persons.
(B) 
Security guards for other adult-oriented businesses shall be required at a ratio of one guard for every 100 person occupancy limit.
(C) 
Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager’s station while acting as a security guard.
(5) 
Adult-oriented businesses shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day.
(6) 
All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to an unobstructed view with the naked eye without the aid of any cameras, mirrors or other devices from a manager’s station located in the public portion of the establishment by the management at all times.
(7) 
The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Planning Director or designated representative. No person under the age of 18 years shall be permitted within the premises at any time.
(8) 
No patron is permitted access to any area of the premises which has been designated as an area in which patrons are not to be permitted.
(9) 
Adult-oriented businesses that have individual viewing areas shall comply with the following:
(A) 
The view area shall remain unobstructed by any doors, walls, merchandise, display racks, or other merchandise and shall be visible at all times by management as specified by subsection (d)(6), above.
(B) 
No individual viewing area may be occupied by more than one person at a time.
(C) 
The walls or partitions between individual viewing areas or booths shall be maintained in good repair at all times, with no holes or other openings in any wall or partition of any individual viewing area such as to allow physical contact through a partition between the occupant of any such individual viewing area and a person on the outside. All individual viewing areas shall be separated from other individual viewing areas by a five foot buffer.
(D) 
Customers, patrons, or visitors shall not be allowed to stand idly by the vicinity of any such individual viewing area or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
(E) 
The floors, seats, walls and other interior portions of all individual viewing areas shall be maintained clean and free from waste and bodily secretions.
(10) 
Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical parts or involving specified sexual activities, must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any sheriff’s deputy or health officer retained as an employee by the City.
(11) 
Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of Title 5, Chapter 27 of the Municipal Code for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.
(12) 
Each adult-oriented business performer required to have a permit shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business.
(13) 
It is unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ, or provide service for which it requires such permit, to any person who is not at least 18 years of age.
(14) 
It is unlawful for any adult-oriented business permittee, adult-oriented business operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age.
(15) 
It shall be unlawful for any adult-oriented business owner, adult-oriented business operator; manager, or adult-oriented business permittee in charge of or in control of an adult-oriented business which provides live entertainment depicting specified anatomical parts or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business performer permit.
(16) 
An applicant or permittee shall permit representatives of the Sheriff’s Department, Orange County Environmental Health Department, Orange County Fire Authority, Department of Planning Services, or other City departments or agencies to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
(17) 
The provisions of the section regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council.
(Ord. No. 869, § 2; Ord. No. 1042, § 17, 2017)
(a) 
Purpose and intent. The purpose and intent of the affordable housing requirements in this section are to achieve the following:
(1) 
To create affordable housing requirements to facilitate the development of residential housing opportunities for low and very low income senior/households within the City;
(2) 
To comply with state law to provide 25% density bonuses for the creation of affordable housing projects which guarantee accessibility of housing for qualified low and very low income seniors and households for 10 years;
(3) 
To comply with state law to provide density bonuses and an additional incentive for the creation of affordable housing projects which guarantee long-term (30 years) accessibility of housing for qualified low and very low income seniors and households;
(4) 
To establish development criteria to ensure that the design of affordable senior and household housing projects are consistent with the City’s General Plan Community Design Element and Architectural Guidelines.
(b) 
Affordable housing policies. City policies aimed at achieving the purpose and intent of this section are as follows:
(1) 
Development restrictions. Development should be designed to be compatible with adjacent uses and to promote high quality affordable housing projects within all zone districts.
(2) 
Materials and design. Materials and design shall be of high quality and architectural design and should be consistent with other City design standards.
(3) 
Affordable housing in-lieu fees. In-lieu fees shall be collected pursuant to Section 9-5.103, Housing inlieu fee, to facilitate the development of affordable housing opportunities.
(c) 
Density bonus description.
(1) 
The Density Bonus program is hereby created to permit affordable senior/household residential units subject to City Council approval of a density bonus permit in the following districts:
(A) 
Hillside Residential (HR), Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000), and Single-Family-4,000 (RS-4,000);
(B) 
Residential Garden-7,000 (RG-7,000) and Residential Garden-4,000 (RG-4,000);
(C) 
Multiple-Family (RM) and Very High Density (VHD);
(D) 
Mobilehome Park (MHP);
(E) 
General Commercial (GC) and Office Commercial (OC);
(F) 
Specific Plan/Precise Plan (SP/PP); and
(G) 
Planned Community (PC).
(d) 
Density bonus program.
(1) 
Purpose and Intent. The purpose of this section is to implement the provisions of Government Code Section 65915 and the City’s Housing Element regarding the provision of density bonuses and other regulatory incentives for affordable and senior housing projects.
(2) 
Applicability. The provisions of this section shall apply to projects qualifying for density bonuses provided for by Government Code Section 65915, in accordance with Section 9-3.505(d)(3)9-3.505(d)(3).
(3) 
Standards.
(A) 
City obligation to provide density bonuses and incentives. When an applicant seeks a density bonus for a housing development within or for the donation of land for housing within the City, the City shall provide the applicant with incentives or concessions for the production of housing units and child care facilities as prescribed in this Section.
(B) 
Development entitled to bonuses and incentives. The City shall grant one density bonus, the amount of which shall be as specified in subdivision C.6, and incentives or concessions, as described in subdivision C.4, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:
(i) 
Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the California Health and Safety Code.
(ii) 
Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the California Health and Safety Code.
(iii) 
A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the California Civil Code and reprinted in Section 9-3.505(d)(6)(g) below, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.
(iv) 
Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the California Civil Code for persons and families of moderate income, as defined in Section 50093 of the California Health and Safety Code, provided that all units in the development are offered to the public for purchase.
(C) 
For purposes of calculating the amount of the density bonus pursuant to Section 9-3.505(d)(3)9-3.505(d)(3) the applicant who requests a density bonus pursuant to this section shall elect whether the bonus shall be awarded on the basis of subparagraph (i), (ii), (iii), or (iv) of Section 9-3.505(d)(3)(B)9-3.505(d)(3)(B) above.
(D) 
For the purposes of this section, “total units” or “total dwelling units” do not include units added by a density bonus awarded pursuant to this section.
(E) 
An applicant shall agree to, and the City shall ensure, continued affordability of all low- and very low income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the California Health and Safety Code. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the California Health and Safety Code.
(F) 
The initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the California Civil Code, shall be persons and families of moderate income, as defined in Section 50093 of the California Health and Safety Code, and the units shall be offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the California Health and Safety Code. The City shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement:
(i) 
Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in Section 9-3.505(d)(3)(F)(ii), and its proportionate share of appreciation, as defined in Section 9-3.505(d)(3)(F)(iii), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safely Code that promote home ownership.
(ii) 
For purposes of this subdivision, the City’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
(iii) 
For purposes of this subdivision, the City’s proportionate share of appreciation shall be equal to the ratio of the City’s initial subsidy to the fair market value of the home at the time of initial sale.
(G) 
Regulatory Incentives and Concessions. An applicant for a density bonus pursuant to 9-3.505(d)(3)(B) may submit to the City a proposal for the specific incentives or concessions that the applicant requests pursuant to this Section, and may request a meeting with the City. If the City approves the Project, the City shall grant the concession incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of any of the following:
(i) 
The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Section 9-3.505(d)(3)(E)9-3.505(d)(3)(E) and Section 9-3.505(d)(3)(F)9-3.505(d)(3)(F).
(ii) 
The concession or incentive would have a specific adverse impact upon the public health and safety or upon the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.
(iii) 
The concession or incentive would be contrary to state or federal law.
(H) 
For the purposes of this Section, a concession or incentive means any of the following:
(i) 
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.
(ii) 
Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
(iii) 
Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions.
(I) 
The applicant shall receive the following number of incentives or concessions:
(i) 
One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development.
(ii) 
Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development.
(iii) 
Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.
(J) 
The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.
(K) 
This Section 9-3.505(d)(3)(G)9-3.505(d)(3)(G) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City, or the waiver of fees or dedication requirements.
(L) 
The City shall not apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of Section 9-3.505(d)(3)(B)9-3.505(d)(3)(B) at the densities or with the concessions or incentives permitted by this Section. An applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of Section 9-3.505(d)(3)(B)9-3.505(d)(3)(B) at the densities or with the concessions or incentives permitted under this Section, and may request a meeting with the City. Nothing in this subdivision shall be interpreted to require the City to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in subparagraph Section 9-3.505(d)(3)(G)(ii) above upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. In addition, nothing in this Section shall be interpreted to require the City to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources or to grant any waiver or reduction that would be contrary to state or federal law.
(M) 
A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 9-3.505(d)(3)(G)9-3.505(d)(3)(G).
(4) 
Calculation of Density Bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which, the percentage of affordable housing units exceeds the percentage established in subdivision Section 9-3.505(d)(3)(B)The applicant may elect to accept a lesser percentage of density bonus.
(A) 
For housing developments meeting the criteria of Section 9-3.505(d)(3)(B)(i), the density bonus shall be calculated as follows:
Percentage Low-Income Units
Percentage Density Bonus
10
20
11
21.5
12
23
13
24.5
14
26
15
27.5
17
30.5
18
32
19
33.5
20
35
(B) 
For housing developments meeting the criteria of Section 9-3.505(d)(3)(B)(ii), the density bonus shall be calculated as follows:
Percentage Very Low Income Units
Percentage Density Bonus
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
(C) 
For housing developments meeting the criteria of Section 9-3.505(d)(3)(B)(iii), the density bonus shall be 20 percent of the number of senior housing units.
(D) 
For housing developments meeting the criteria of Section 9-3.505(d)(3)(B)(iv)the density bonus shall be calculated as follows:
Percentage Moderate-Income Units
Percentage Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35
(E) 
All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.
(F) 
For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
(5) 
Density Bonus for Donation of Land to City.
(A) 
When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows:
Percentage Very Low Income
Percentage Density Bonus
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
21
26
22
27
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35
(B) 
This increase shall be in addition to any increase in density mandated by Section 9-3.505(d)(3)(B)9-3.505(d)(3)(B), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this Section and Section 9-3.505(d)(3)(B)(i) All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this Section shall be construed to enlarge or diminish the City’s authority to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this Section if all of the following conditions are met:
(i) 
The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application;
(ii) 
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development;
(iii) 
The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at a density of at least 30 units per acre, and is or will be served by adequate public facilities and infrastructure;
(iv) 
The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of California Government Code Section 65583.2 if the design has not been reviewed by the City prior to the time of transfer;
(v) 
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 9-3.505(d)(3)(E)9-3.505(d)(3)(E) and Section 9-3.505(d)(3)(F)9-3.505(d)(3)(F), which shall be recorded on the property at the time of the transfer;
(vi) 
The land is transferred to the City or to a City-approved housing developer. The City may require the applicant to identify and transfer the land to the approved housing developer;
(vii) 
The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development; and
(viii) 
A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
(6) 
Density Bonus for Provision of Child Care Facilities in Qualifying Housing Development.
(A) 
When an applicant proposes to construct a housing development that conforms to the requirements of subdivision Section 9-3.505(d)(3)(B)9-3.505(d)(3)(B) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following:
(i) 
An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or
(ii) 
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
(B) 
The City shall require, as a condition of approving the housing development that the following occur:
(i) 
The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subsection (d)(3)(B); and
(ii) 
Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subsection (d)(3)(B).
(C) 
Notwithstanding any requirement of this subdivision, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
(7) 
Definitions. For purposes of this section, the following definitions shall apply:
"Child care facility"
means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers,
"Density bonus"
means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the City.
"Development standard"
includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other City condition, law, policy, resolution, or regulation.
"Housing development"
means a development project for five or more residential units. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the City, and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.
"Maximum allowable residential density"
means the density allowed under the City’s zoning ordinance and the Land Use Element of the City’s General Plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use designation in the General Plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the Land Use Element of the General Plan, the General Plan density shall prevail.
"Senior citizen"
means a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development.
"Senior citizen housing development"
means a residential development developed, substantially rehabilitated, or substantially renovated for, senior citizens that has at least 35 dwelling units.
(8) 
Parking incentives.
(A) 
The City shall not require the parking ratio, inclusive of handicapped and guest parking, for a housing development meeting the criteria of subsection (d)(3)(B) to exceed the following ratios:
(i) 
Zero to one bedroom: one on-site parking space.
(ii) 
Two to three bedrooms: two on-site parking spaces.
(iii) 
Four and more bedrooms: two and one-half (2.5) parking spaces.
(B) 
If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.
(C) 
This subdivision shall apply to a housing development that meets the requirements of subsection (d)(3)(B) but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subsection (d)(3)(G).
(e) 
Application review process. All applications shall be reviewed in accordance with the provisions of Title 9 of the Municipal Code. The City Council, upon recommendation by the Planning Commission, shall make a positive finding for each of the following categories before approving an application:
(1) 
General Plan consistency. A finding that the project application is consistent with the General Plan Land Use Element if the intensity of development is in compliance with the design standards as outlined in Table 3-17.
Findings of inconsistency with other elements shall be restricted to specific areas of demonstrated public health and safety hazards to future residents of the proposed development.
(2) 
Municipal Code consistency. A finding that the project application is consistent with design criteria herein as well as meeting all other provisions of this Title 9.
(3) 
Potential adverse impacts on adjacent properties. A finding that the project does not have an adverse impact upon the surrounding properties that cannot be reduced or minimized by a design change or condition regulating the project’s operation.
(4) 
CC&R. A finding that the CC&R have included the provisions and terms of affordability as drafted in the affordability agreement for the project.
(Ord. No. 869, § 2; Ord. No. 1007, § 3, 2014; Ord. No. 1082, § 18, 2021)
(a) 
Purpose and intent. This section provides standards for the development of communication systems and their support components in San Juan Capistrano. The standards are intended to balance rights and privileges granted under federal statutes with the need to ensure a quality community aesthetic. To maintain the aesthetic quality of San Juan Capistrano, co-location of cellular, pcs, or other wireless antennas is encouraged by the City.
(b) 
Antenna regulations (excluding amateur radio antennas). This subsection addresses the regulation of all antennas except for amateur radio antennas, which are addressed in subsection (c) of this section.
(1) 
Video and radio antennas.
(A) 
Allowable video and radio antennas. The following antenna are allowed in all districts subject to subsection (b)(1)(C) Development standards of this section and subsection (b)(3) Design standards of this section:
(i) 
Common skeletal radio and television antennas, excluding amateur radio, used to receive UHF, VHS, AM and FM which do not extend higher than 12 feet above the roofline of the main building.
(ii) 
Dish antennas that are one meter or less in diameter and do not extend higher than 12 feet above the roofline of the main building.
(iii) 
Antennas designed to receive video programming services via MMDS (wireless cable) of one meter or less in diameter or diagonal measurement which do not extend higher than 12 feet above the roofline of the main building.
(B) 
Conditional uses. Antennas described in subdivision (b)(1)(A) of this subsection exceeding 12 feet in height above the roofline of the main building are subject to Conditional Use Permit review pursuant to Section 9-3.317 Conditional Use Permit. A finding that the additional height is necessary to receive an adequate signal and that the public safety will not be negatively affected is required for approval of the Conditional Use Permit. Antennas with an approved Conditional Use Permit are subject to subsection (b)(1)(C) Development standards of this section and subsection (b)(3) Design standards of this section.
(C) 
Development standards. Table 3-18 identifies the developments standards applicable to all video and radio antennas located in the City.
Table 3-18
Video and Radio Antenna Development Standards (Excluding Amateur Radio Antenna)
Development Standards
Zone
Residential
Commercial
Industrial/All Other Zones
Restriction on Location
No antenna or its supporting structure shall be located in the area between the front property line and the main structure or building.
Permitted Location
Rear or side yard, except street side.
Rear or side yard, except street side.
Rear or side yard, except street side.
Distance from Property Line (minimum)
Side yard setback for district and at least 5 feet from the back property line.
Maximum Permitted Height
12 feet higher than the roofline. (a)
Maximum Number of Antennas per Lot
2 (including telecommunication and amateur radio antennas)
Roof-mounted Antennas Permitted?
Only when required for adequate signal reception.
Yes, if mounted on flat portion of roof with parapets or other screening that matches structure architecture.
Yes, if mounted on flat portion of roof with parapets or other screening that matches structure architecture.
Note:
(a)
Unless a Conditional Use Permit is approved. A variance is not required if the allowable antenna height exceeds the maximum height allowed in the base district.
(2) 
Telecommunication antennas and facilities.
(A) 
Conditional uses. All telecommunications antennas and facilities, including cellular, pcs, and other wireless telecommunication services, are a compatible use for all districts, subject to Conditional Use Permit review and approval, as specified in Section 9-2.317 Conditional Use Permit. Telecommunications antennas and facilities will only be conditionally allowed in residential districts when the applicant can prove that the facility is required for adequate signal reception. All telecommunications antennas and facilities are subject to subsection (b)(2)(B) Development standards, of this section and subsection (b)(3) Design standards, of this section.
(B) 
Development Standards. Table 3-19 identifies the developments standards applicable to all telecommunication antennas and facilities located in the City.
Table 3-19
Telecommunication Antennas and Facilities Development Standards
Development Standards
Residential
Commercial
Industrial/All Other Zones
Location In District
Only allowed when required for adequate signal reception.
Minimum set back of 300 feet from any residential zone.
Minimum set back of 300 feet from any residential zone.
Restriction on Location
No telecommunications antenna or its supporting structure shall be located in the area between the front property line and the main structure or building.
Permitted Location on Property
Rear or side yard, except street side.
Rear or side yard, except street side
Rear or side yard.
Distance from Property Line (minimum)
Side yard setback for district and at least 5 feet from the back property line.
Side yard setback for district and at least 5 feet from the back property line.
Side yard setback for district and at least 5 feet from the back property line.
(3) 
Design Standards.
(A) 
Design Standards. All antennas, excluding amateur radio antennas, including guy wires, supporting structures, and accessory equipment, shall be located and designed to minimize their visual impact as viewed from surrounding properties and public streets. The following minimum design standards shall apply:
(i) 
Material used. All antennas and supporting structures or components shall be of nonreflective, glare-reducing materials. Colors and materials for antennas and their components shall be chosen to minimize visibility and to match or blend with the primary background.
(ii) 
Screening: All telecommunications antennas and facilities, including cellular, pcs, and other wireless communications antennas, shall be designed to blend with the surrounding environment and to be as unobtrusive as possible. Screening shall be provided in the form of fencing, landscaping, structures, or parapets integral to the building, as shown in Figure 3-2. Such screening and maintenance shall be provided to the satisfaction of the Planning Director.
(iii) 
Multiple-use facilities. Antennas may be integrated into existing or newly developed facilities and structures that are functional for other purposes, such as ballfield lights, flag poles, and clock towers. All multiple-use facilities shall be designed to camouflage the antennas, as shown in Figure 3-1.
-Image-8.tif
Figure 3-1 Multiple-Use Facilities Antenna
(iv) 
Building-mounted antennas. Building-mounted antennas shall be integrated into the architecture of the building or structure, or be designed to be visually integrated with the host structure, as shown in Figure 3-2.
-Image-9.tif
Figure 3-2 Building-Mounted Antennas
(B) 
Performance Standards. The following regulations shall apply to the establishment, installation, and operation of all antennas, excluding amateur radio antennas, in all districts:
(i) 
Telecommunications facilities shall be located no closer to existing or other approved telecommunication facilities than the minimum distance necessary to provide adequate service.
(ii) 
Antennas shall use the smallest and least visually intrusive antennas and components that meet the requirements of the facility.
(iii) 
No advertising materials shall be allowed on any antenna.
(iv) 
Underground electrical wiring. All electrical wiring associated with any antenna shall be buried underground or otherwise hidden in a manner acceptable to the Planning Director.
(v) 
Projection. No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires may be attached to the building, but shall not be anchored within any front yard area.
(vi) 
Adequate grounding. Every antenna must be adequately grounded with a ground wire for protection against a direct strike of lighting in a manner acceptable to the Building Official.
(vii) 
Maintenance. All screening elements including building and landscape elements shall be maintained in a safe and structurally sound condition consistent with approved plans.
(c) 
Amateur radio antenna regulations.
(1) 
The following regulations shall apply to amateur radio antennas. These regulations shall not preclude enforcement by homeowner associations or private parties of Covenants, Conditions and Restrictions (CC&R), Declaration of Restrictions, or any other private contracts or agreements between parties. Amateur radio antenna permit applications shall be approved administratively by the Planning Director provided the antennas meet the criteria and development standards contained in this section.
(2) 
Amateur radio antenna development standards. Amateur radio antennas, structures, and masts that comply with the development standards specified in this section are permitted, subject to issuance of an antenna permit from the Planning Department and any other applicable City permits (i.e. building permit, etc.).
The development standards criteria regulating height, setbacks, location, and maximum number of antennas are set forth in Table 3-20. Other additional requirements include:
Table 3-20
Amateur Radio Antenna Regulations for All Districts
Maximum Height
Setbacks
Ground-Mounted Location
Roof-Mounted Location
Finish
Ground-Mounted:
Retractable antenna support structure fully extended including antenna(s) from finish grade: 75′
Antenna support structure for vertical whip antenna(s): Maximum 35′ height at base with maximum antenna height of 55′
Antenna support structures for array antennas in excess of 35′ shall be retractable to 35′ when not in use. Base of vertical whip antenna shall not exceed 35′ with maximum antenna height of 55′ from finish grade.
Antenna support structures and antennas exceeding the above height limits are subject to approval of an exception. An exception or variance is not required if the above height limitations exceeds the maximum height allowed in the base district. All array antennas must be ground-mounted.
Front: Prohibited.
Side:
Antenna support structures shall comply with setbacks for accessory structures. Overhangs, projections, arrays, and guy wires shall maintain a minimum setback of 5′. For corner lots, overhangs, projections, arrays, and guy wires shall maintain a minimum 10′ side yard setback closest to any adjacent street and/or park (whichever results in least visual impact).
Rear:
Ground-mounted antenna support structures shall be located as far forward as possible from rear property line. A minimum setback of 5′ shall be maintained for overhangs, projections, arrays, and guy wires.
Rear yard only.
Antenna support structures may be located in a required rear yard and shall be located as far forward as possible from rear property line. Antenna support structure shall be no closer than 20′ from any neighboring residential structure.
All ground-mounted antennas shall be screened from neighboring properties and streets by walls, fences or landscaping at least 6′ in height to obscure visibility at ground level from neighboring properties. Landscaping shall be a type and variety capable of obscuring the visibility of the antenna within one year. The screening requirement may be reduced if landscaping inhibits the antenna’s reception window, as determined by the Planning Director.
Shall be located rear of center line of main structure.
All antennas visible from off-site shall be in a finish deemed unobtrusive to the neighborhood where located, as determined by the Planning Director.
Roof-Mounted: Array antennas prohibited. For vertical whip antennas, base shall not exceed 35′, with 55′ maximum antenna height from finish grade.
Vertical whip antennas with a base height exceeding 35′ and/or a maximum antenna height greater than 55′ are subject to approval of an exception.
Signs
Radio Frequency (RF) Radiation
Wiring
Other Requirements
Max. No. of Antennas
No sign, flag, or lights of any kind shall be posted or displayed on any antenna.
No transmitting antenna or facility, except as categorically excluded by the FCC, shall exceed the radio frequency (RF) radiation limits established by the ANSI/IEEE for an “uncontrolled environment.” The applicant shall be responsible for providing evidence of compliance with applicable standards.
All electrical and antenna wiring shall be encased in tubing or other devices acceptable to the Planning Director and/or concealed to the maximum extent feasible to minimize visual impact.
Ground-mounted antennas shall not reduce the area required for parking, internal circulation, or other development standards in the City’s Municipal Code.
All antennas shall be permanently mounted, and no antenna may be installed on a portable or movable structure.
Maximum of 3 as follows:
One antenna support structure with maximum extended height of 75′, retractable to 35′ when not in use.
Two additional antenna support structures for vertical whip antennas with the base at a maximum height of 35′ and a maximum antenna height of 55′ from finish grade.
(A) 
License requirement. An applicant for an amateur radio antenna shall possess a valid amateur radio license issued by the FCC. A copy of the amateur radio license shall be required upon submittal of an antenna permit application to the City.
(B) 
City permit requirement. Prior to installation or modification of an amateur radio antenna, an applicant shall obtain:
(i) 
Approval of a permit for the antenna from the Department of Planning Services;
(ii) 
A City building permit, if required by the Building Official, and shall comply with all applicable regulations imposed by the Building and Engineering Department.
(3) 
Administrative approval of antenna permit. The Planning Director shall prescribe the type and form of information required to process an administrative amateur radio antenna permit. The administrative permit shall be processed according to Section 9-2.303 Administrative Approvals.
(4) 
Emergency services. Upon permission by the amateur radio operator, the City will include the individual’s name, address, and contact numbers on an emergency resource volunteer list for inclusion in the City’s emergency plan.
(5) 
Antenna maintenance. All property owners must maintain their antennas to the minimum levels of maintenance care as set forth below:
(A) 
Finish. The antenna finish shall be maintained in such a manner that its appearance is unobtrusive and blends with the neighborhood in which it is located. Any conditions relating to antenna finish imposed by the City shall be maintained consistent with the condition of permit approval.
(B) 
Screening. All landscaping required by the City, to provide screening shall be maintained in a healthy condition free of dead, decayed, overgrown, or discarded plant material. The type and location of landscape material shall be maintained consistent with the permit approval.
(C) 
Mechanical/structural. All mechanical, structural, and moving parts of the antenna support structure and/or antennas (including wires, projections, and array elements) shall be maintained in good working order and in a safe appearance.
(d) 
Nonconforming antennas. All nonconforming antennas lawfully constructed and erected prior to the effective date of the ordinance codified in this section are subject to Section 9-3.533 Nonconforming Uses, Lots, and Structures.
(e) 
Abandonment.
(1) 
All approvals for antenna facilities shall be in effect only while the facilities are being operated on a continual basis. When the use is replaced or discontinued for a period of 180 days, the approval shall lapse, and the operator or property owner shall be required to remove the facility and all associated equipment, and to restore the property to its original or otherwise acceptable condition, subject to the approval of the Planning Director.
(2) 
For all antenna facilities requiring a Conditional Use Permit, a faithful performance bond to ensure the removal of abandoned facilities shall be posted prior to the issuance of building permits in accordance with Section 9-5.101 Fees, Deposits, and Bonds.
(f) 
Compatibility of regulations. Notwithstanding the regulations contained in this section, the provisions of this Code shall comply with the regulations of the Federal Communications Commission, as may be amended, that apply to antennas.
(Ord. No. 869, § 2)
(a) 
Purpose and intent. The City finds and determines that the purpose and intent of this section is to:
(1) 
Preserve and maintain structures within the City of historic, architectural, and cultural significance and allow for the adaptive reuse for economic benefit in such structures including bed and breakfast establishments;
(2) 
Promote and enhance the City’s economic health, in particular the tourism industry, by providing for the development of alternative visitor accommodations;
(3) 
Assure that the development of bed and breakfast establishments is accomplished in an appropriate manner and is compatible with existing development, in particular single-family residential neighborhoods;
(4) 
Assure that bed and breakfast establishments are operated and maintained in such a manner so as to be conducive to protecting the health, safety, and general welfare of City residents and visitors to the community.
(b) 
Land use regulations.
(1) 
Bed and breakfast establishments may only be developed within a structure which has been listed on the “Inventory of Cultural and Historic Landmarks,” or designated as a State Historic Landmark or as a National Historic Landmark. In such cases, conditional use permits will be subject to review and recommendation by the Cultural Heritage Commission.
(2) 
The development of any bed and breakfast establishment shall be subject to approval of a conditional use permit by the Planning Commission as provided by Section 9-2.317 Conditional Use Permit. Such uses shall be required to demonstrate compliance with all provisions contained within this section as well as other applicable sections of the title.
(3) 
Site development and architectural alterations. No building alterations/additions shall be permitted which detract from the architectural significance of the structure. All exterior building alterations and site development shall be subject to development review as provided under Section 9-2.313 Architectural Control Review. Furthermore, exterior building alterations shall be consistent with the criteria established by the Secretary of the Interior’s “Standards for Rehabilitation.”
(c) 
Development standards. Bed and breakfast establishments shall comply with the following standards:
(1) 
Off-street parking. Off-street parking shall be provided at the rate of two spaces for the resident manager and one space for each guest room. The design and location of entrances and off-street parking shall be consistent with the provisions of Section 9-3.535 Parking. Guest parking shall be situated to the rear or sides of the principal structure.
(2) 
Signs. Bed and breakfast establishments shall be limited to one externally-illuminated sign not exceeding eight square feet in area and will be reviewed as part of the development review process. The materials and design of signs shall be compatible with the architectural style of the principal structure. Signs shall not be situated within the required setbacks of the district in which the establishment is located.
(3) 
Number of rooms. The maximum allowable number of rooms will be determined by the Planning Commission as part of the conditional use permit process.
(4) 
Significant site features. The Planning Commission, as a condition of approval, may require the preservation and maintenance of significant features including landscaping or historic, architectural, or cultural features of the structure or property.
(d) 
Operational standards.
(1) 
Board accommodations. Guest rooms shall not be provided with kitchens nor similar food preparation facilities. Establishments may provide complete boarding for guests only. However, if the zone district in which the establishment is located allows restaurant uses, such uses may be permitted in conjunction with the bed and breakfast use.
(2) 
Guest term. Guests may be permitted to stay within a single establishment not more than 14 continuous days during any given 30 day period.
(3) 
Resident manager. The manager of the bed and breakfast establishment shall reside within the bed and breakfast structure and the primary use of the structure shall be residential. The manager may be the property owner or person retained by the property owner for the specific purpose of managing the bed and breakfast, establishment.
(4) 
Time share facilities. Time share facilities shall be prohibited within bed and breakfast establishments.
(5) 
Weddings. Weddings, wedding receptions, and similar activities shall only be permitted subject to the approval of a conditional use permit by the Planning Commission, pursuant to Section 9-2.317 Conditional Use Permit.
(e) 
Public health requirements.
(1) 
Health permit. Bed and breakfast establishments and restaurants in conjunction with such establishments shall be required to comply with the Orange County Health Department provisions and secure any necessary permits prior to the conditional use permit becoming effective.
(2) 
Fire and life safety. Guest rooms shall be provided with a smoke detector, hand-held fire extinguisher, and evacuation plan subject to the review of the Orange County Fire Authority. The City may require the installation of a sprinkler system or other appropriate safety measures on the recommendation of the Orange County Fire Authority.
(Ord. No. 869, § 2)
(a) 
Purpose. The State Legislature found in Food and Agricultural Code Section 29000 that a healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of California and the protection of the industry is in the interest of the people of the State. Food and Agricultural Code Section 29000 et seq., as well as California Code of Regulation Title 3 Food and Agriculture, Article 3, establish regulation for apiaries that are enforced by the Director of the State Department of Agriculture and California Department of Pesticide Regulation. This chapter establishes regulations intended to implement and supplement State regulations and ensures that bee keepers maintain apiaries in a responsible manner as to protect the health, safety, and welfare of the citizens of the City of San Juan Capistrano.
(b) 
General provisions.
(1) 
Noncommercial honey beekeeping shall be allowed as a permitted use on properties within the City’s Agriculture (A), Planned Community (PC) and Specific Plan/Precise Plan (SP/PP) zoning districts.
(2) 
Noncommercial honey beekeeping shall be allowed as a permitted accessory use on residential properties within the City’s Residential/Agriculture (RA) zoning district.
(3) 
Noncommercial honey beekeeping shall be conditionally allowed on residential properties located within the City’s Hillside Residential (HR), Single-Family (RSE) 40,000 and Single-Family (RSE) 20,000 zoning districts.
(4) 
Noncommercial beekeeping must be in conjunction with the residential use of a lot, where the lot size is greater than 15,000 gross square feet.
(5) 
All honey beekeeping shall be in compliance with the code standards below, unless modified by the Planning Commission through the Conditional Use Permit process.
(c) 
Definitions. The following words and terms shall have the meaning ascribed in this section unless the context of their usage clearly indicated another meaning:
"Apiary"
means the assembly of one or more managed colonies of honey bees at a single location.
"Beekeeper"
means a person who own, operates, maintains, possesses or otherwise controls an apiary and/or the owner of the property upon which an apiary is situated.
"Colony" or “hive”
means an aggregate of honey bees consisting principally of workers, but having, when perfect, one queen and at times many drones, including brood, combs, honey and the receptacle inhabited by the bees.
"Flyover barrier"
is a solid wall, fence, or dense vegetation or combination thereof that provides an obstruction through which honey bees cannot readily fly.
"Bee sensitive property"
is a property where people such as the elderly, small children, individuals with medical conditions or confined animals inhabit or frequent that are more at risk if honey bee stinging incidents were to occur. These properties include, but are not limited to, properties that contain schools, playgrounds, picnic areas, outdoor sports facilities, daycare centers, senior care facilities, medical facilities, kennels and horse-boarding facilities. Property owners or residents may petition their property to be determined a bee sensitive site based on documented medical conditions.
"Undesirable bee behavior"
is any behavior exhibited by bees from a managed hive, colony or apiary that may result in harm to others. Undesirable bee behavior includes, but is not limited to, characteristics of Africanized honey bees where minimal or no provocation results in over-defensiveness, aggressiveness, repeated swarming, unpredictability, reactiveness, and agitation by the bees.
(d) 
Code standards.
(1) 
All honey bee colonies shall be kept in Langstroth-type hives with removable frames, which shall be kept in sound and usable condition.
(2) 
It is unlawful to keep more than 10 colonies or hives on any lot within the City.
(3) 
Apiaries shall not be located within a front yard, a street side yard or within any required rear or side yard setback.
(4) 
Apiaries shall be located a minimum of 100 feet from any adjacent residential dwelling unit and a minimum of 150 feet from any “bee sensitive property.”
(5) 
If a colony is situated within 25 feet of a property line, the bee keeper shall establish and maintain a “flyover barrier” of at least six feet in height consisting of a solid wall, fence, dense vegetation or combination between the colony and the property line.
(6) 
Beekeepers shall post signage on gates into the rear yard where hives are kept which states that beekeeping is practiced on site and identifies the species of bees, the number of colonies, and the beekeeper’s name and telephone number.
(7) 
No marketing or advertising is allowed.
(8) 
Beekeepers shall maintain an adequate and accessible supply of fresh water available to the bees at all times. Beekeepers shall not allow the water to become stagnant or a mosquito breeding site.
(9) 
No beekeeper shall own or operate an apiary that exhibits undesirable bee behavior, contains apiary pests, or is an abandoned apiary.
(e) 
Enforcement. Upon receipt of information that any colony situated within the City is not being kept in compliance with these regulations, the Director shall initiate an investigation. If the Director finds that one or more violations have occurred, a written notice of violation and administrative citations shall be issued to the beekeeper. If the beekeeper refuses to take corrective action, the Director may order the bees destroyed or removed from the City.
(Ord. No. 1076, § 11, 2020)
Caretaker residences may be developed as permitted in specific district per this chapter for the exclusive use of personnel employed for the maintenance and security of the principal use, subject to the following provisions:
(a) 
Outside the Floodplain Management District.
(1) 
Permanent caretaker residences located outside the Floodplain Management District are subject to the following requirements:
(A) 
Must be listed as a permitted use in the applicable district.
(B) 
Must meet all yard setback requirements of the applicable district.
(b) 
Within the Floodplain Management District. All caretakers residences situated within the Floodplain Management District shall comply with the provisions of Section 9-3.405 Floodplain Management (FM) District as well as the provisions established by this section.
(c) 
Temporary caretaker residences. Temporary caretaker residences are subject to Section 9-3.553 Temporary Uses and Structures.
(Ord. No. 869, § 2)
(a) 
Purpose. The keeping of chickens in the City supports a local, sustainable food system by providing an affordable, nutritious source of protein through fresh eggs.
(b) 
General provisions.
(1) 
Noncommercial chicken keeping shall be allowed in all zoning districts where animal grazing, breeding, boarding, raising and training is a permitted use.
(2) 
Noncommercial chicken keeping shall be allowed in the City’s Residential/Agriculture (RA) district as a permitted accessory use.
(3) 
Noncommercial chicken keeping shall be allowed in the City’s Hillside Residential (HR), Single-Family (RSE) 40,000 and Single-Family (RSE) 20,000 districts as a permitted use.
(4) 
In residential districts, noncommercial chicken keeping must be in conjunction with the residential use of a lot.
(5) 
Noncommercial chicken keeping is limited to lots greater than 15,000 gross square feet in size.
(6) 
All noncommercial chicken keeping shall be in compliance with the code standards below.
(c) 
Definitions. The following words and terms shall have the meaning ascribed in this section unless the context of their usage clearly indicated another meaning:
"Chicken"
means the common domestic fowl (Gallus gallus) that is used for meat and laying eggs, which includes both the male and female members of the species.
"Rooster"
means a male chicken.
"Hen"
means a female chicken.
"Chicken coop"
means a constructed or prefabricated structure where chickens are kept safe and secure that includes nest boxes for egg-laying and perches on which the chickens can sleep.
"Chicken run"
means an enclosed area that is either attached or detached from a chicken coop in which chickens are allowed to roam freely.
(d) 
Code standards.
(1) 
No roosters and no more than six hens may be kept on any property located in the City’s Hillside Residential (HR), Single-Family (RSE) 40,000 and Single-Family (RSE) 20,000 districts.
(2) 
Chicks shall not be counted toward the maximum allowed number of chickens until they have reached the age of four months.
(3) 
A chicken coop shall be provided for any chickens kept on a property. The required chicken coop shall not exceed five feet in height, shall not be located within any code-required building setback, shall be located a minimum of 100 feet from any adjoining residential buildings and shall not be visible from any adjoining public or private streets.
(4) 
A chicken run shall be provided for any chickens kept on a property. The required chicken run shall not exceed 500 square feet in area, shall be located a minimum of 25 feet from any adjoining residential buildings and shall not be visible from any adjoining public or private streets. Chickens shall not be permitted to run at large outside of the chicken run on the lot or off the lot.
(5) 
The chicken coop and chicken run shall be properly maintained so as to prevent offensive odors and the presence of pests and predators.
(6) 
Chickens and/or conditions under which chickens are kept shall not create a public nuisance and shall protect the public health and safety.
(7) 
Chickens shall not be subject to neglect, cruelty or abuse.
(8) 
Chicks or eggs produced by the chickens may not be sold commercially.
(9) 
The slaughtering of chickens is prohibited on residential properties.
(10) 
No marketing or advertising is allowed.
(e) 
Enforcement. Upon receipt of information that any chicken keeping within the City is not being kept in compliance with these regulations, the Director shall initiate an investigation. If the Director finds that one or more violations have occurred, a written notice of violation and administrative citations shall be issued to the property owner and/or chicken keeper. If the property owner or chicken keeper refuses to take corrective action, the Director may order the chickens removed from the City.
(Ord. No. 1076, § 12, 2020)
(a) 
Purpose and intent. The City finds and determines that the purpose and intent of this section is to:
(1) 
Establish standards and criteria for the design of sites with drive-through facilities, integrating operational elements, site and built form design with a focus on assisting this use with making a positive contribution to the surrounding context and pedestrian streetscape; and
(2) 
Ensure that business enterprises with drive-through facilities do not result in adverse impacts on adjacent properties, surrounding neighborhoods or roadways by reason of customer and employee parking demands, queued traffic interference with on-site and off-site traffic circulation and pedestrian flow, noise, light, glare, litter, or cumulative impact of such demands in any one area; and
(3) 
Allow for the typical range of activities while ensuring public safety and mitigating associated impacts; and
(4) 
Ensure that existing and proposed drive-through facilities are consistent with the goals and policies of the General Plan.
(b) 
Applicability.
(1) 
The regulations of this section shall apply to all Drive-through facilities, as defined in Appendix A (Definitions). The regulations shall apply to new developments, the addition of drive-through facilities to existing developments, and the relocation or substantial remodel of an existing drive-through facility. A substantial remodel to 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% of the current year assessed improvement value.
(c) 
Land use regulations.
(1) 
All drive-through facilities as identified by this section shall be limited to development in the following specific commercial zoning districts:
(A) 
Neighborhood Commercial (NC)
(B) 
General Commercial (GC)
(C) 
Office Commercial (OC)
(D) 
Commercial Manufacturing (CM)
(E) 
Planned Communities (PC)
(F) 
Industrial (I)
(2) 
All drive-through facilities shall require approval of a discretionary use permit approved by the City Council.
(3) 
Discretionary use permits for establishments with drive-through facilities shall be granted only after applicable criteria adopted by the City have been applied to each application, to the satisfaction of the City Council.
(d) 
Traffic impact study.
(1) 
A detailed traffic impact analysis shall be submitted by the City in accordance with San Juan Capistrano Administrative Policy 310 (AP310) and shall include the following information:
(A) 
Nature of the product or service being offered.
(B) 
Number of menu items being offered.
(C) 
Method by which the order is processed.
(D) 
Estimated time required for each transaction.
(E) 
Estimated arrival rate of customers.
(F) 
Hours of operation.
(G) 
All existing and proposed points of ingress and egress, circulation and maneuvering areas, off-street parking and loading areas.
(H) 
Separately tabulate the number of required off-street parking, and proposed loading and stacking lane length and width in a conspicuous place on the plan for reference, including drive aisle turning radii width.
(I) 
Existing traffic conditions—Average daily and peak hour volumes, average and peak speeds, sight distances, accident data for the previous three years, and levels of service (LOS) of intersections and streets affected by the proposed development. Generally, such data shall be presented for all streets and intersections adjacent to or within 1,000 lineal feet of the property boundaries, and shall be no more than 12 months old at the date of application, unless another date is specifically approved.
(J) 
Projected impacts of the proposed development shall include: Projected peak hour and daily traffic generated by the development on roads and streets in the vicinity of the development; sight lines at the intersections of the proposed access connection and adjacent streets; existing and proposed traffic controls in the vicinity of the proposed development; and the projected post development traffic volumes and level of service of intersections and streets likely to be affected by the proposed development.
(K) 
If a significant impact is identified, proposed mitigation shall include: A plan (with supporting text) to minimize traffic and safety impacts through such means as physical design and layout concepts,; and an interior traffic and pedestrian circulation plan designed to minimize conflicts and safety problems.
(L) 
The proposed mitigation plan shall result in 100% of stacking lane traffic off the streets 100% of the time.
(e) 
Development standards.
(1) 
Architecture and site design.
(A) 
Franchise or “branded” architecture is strongly discouraged. Architectural details of new buildings and additions, including carports and covered drive-through windows and lanes shall be harmonious with the City’s adopted Architectural Design Guidelines and shall preserve and enhance the character of the surrounding neighborhood area.
(2) 
Curb cuts.
(A) 
Drive-through facilities on single lots shall be encouraged to minimize the number of curb cuts to arterial streets to one.
(B) 
Drive-through facilities within larger commercial centers are encouraged to coordinate with existing curb cuts that result in good site and traffic operations design, to improve pedestrian safety on the major street sidewalk.
(C) 
The maximum driveway width shall be 35 feet at the intersection of a public sidewalk (per Section 9-4.511).
(3) 
Menu/order boards.
(A) 
All drive-through menu boards/order board signs are subject to Section 9-3.543 of the City’s Municipal Code, and to “Chapter 8: Signs” of the City’s Architectural Design Guidelines.
(B) 
All menu/order boards shall be screened from the public right-of-way.
(4) 
Speaker boxes.
(A) 
A speaker box located within or independent of a menu board/order board, shall comply with noise standards as described in Section 9-3.531 of the Municipal Code.
(5) 
Off-street parking.
(A) 
Off-street parking shall be considered based on the traffic impact analysis in accordance with San Juan Capistrano Administrative Policy 310 (AP310).
(B) 
Parking shall be provided by the drive-through facility and shall be calculated at the rate of one space for every four patrons, based on restaurant capacity, in addition to a calculation of one space per drive-through facility employee per shift.
(C) 
Parking is encouraged to be located at the rear of the building out of view of the public right-of-way.
(6) 
Landscaping.
(A) 
Landscaping shall be consistent with the Community Design Element described in the General Plan.
(B) 
The use of mature trees is encouraged to provide an immediate impact when used in buffering adjacent uses and throughout paved areas and along pedestrian pathways.
(C) 
Landscaping shall be used to screen operational elements of the development, such as stacking lanes, driveways, parking, and mechanical equipment.
(D) 
Landscaping shall allow for visibility for pedestrians and cross-traffic.
(E) 
All setbacks adjacent to public streets shall be landscaped.
(7) 
Screening.
(A) 
Screening shall be consistent with Section 2, “Parking Lot Landscaping” as described in “E. Landscaping Guidelines” under “Chapter 4: Design Guidelines” of the City’s Architectural Design Guidelines.
(B) 
Garbage dumpsters external to the building shall be completely concealed by a wall or enclosed with the same materials as the building.
(C) 
Solid masonry/block walls shall be comprised of a finished earth grade consistent with the City’s streetscape and architectural standards.
(D) 
Exterior utilities not located underground or integrated as an enclosed portion of the building, shall be screened from public view, yet maintain visibility for pedestrians and cross-traffic, in accordance with the City’s Design Guidelines.
(E) 
Garbage dumpsters external to the building shall be completely concealed by a wall or enclosed with the same materials as the building.
(f) 
Operational standards.
(1) 
Lighting.
(A) 
Lighting shall comply with Municipal Code Section 9-3.529
(B) 
Lighting shall be energy efficient, and shielded, nonblinking and nonflashing.
(C) 
Lighting shall not be of high intensity or brightness.
(D) 
Lighting shall be appropriate in scale, intensity and height.
(2) 
Trash.
(A) 
Applicants for a discretionary use permit shall submit a litter cleanup plan and a waste management plan.
(Ord. No. 971, § 5, 2010)
(a) 
Unlawful nuisances. No person may willfully make or maintain, or cause to be made or maintained, any unusual and unnecessary dust which causes discomfort or annoyance to any person of normal sensitivities. Standards which may be considered in determining whether a violation of this subsection exists may include, but not be limited to the following factors:
(1) 
The intensity of the dust;
(2) 
The origin and composition of the dust;
(3) 
The proximity to residential areas;
(4) 
The duration of the dust, whether continuous or intermittent;
(5) 
Whether the dust is produced by commercial or noncommercial activities; and
(6) 
The presence of other contributing factors.
(b) 
General requirements. Any person engaged in the construction, repair, remodeling, gliding, excavating, or landscaping of any real property, as a minimum precaution and as a preventative measure, shall be required to do the following:
(1) 
The site, and the areas traversed or used by vehicles, including trucks and other equipment and machinery, shall be sprayed and watered sufficiently to suppress dust penetration at all times.
(2) 
All such vehicles and equipment shall travel along established and properly watered roadways at all practicable times.
(3) 
All vehicles hauling dirt or other particulate material shall be sprayed prior to their leaving the construction or grading site.
(4) 
All operations which tend to create or cause dust shall be suspended when the wind velocity is sufficient to cause dust by its own force and intensity.
(5) 
The maximum speed of all trucks and other vehicles within the site shall not exceed 15 miles per hour.
(6) 
The area or site shall be sufficiently secured to prevent the intrusion of unauthorized vehicles at all times.
(7) 
All vehicles handling dirt to or from a construction site shall be required to have their wheels scrubbed prior to leaving the project site to remove dirt from wheels.
(8) 
All development projects that are importing/exporting dirt shall be required to maintain all streets in a dirt free condition.
(9) 
All development projects shall comply with National Pollutant Discharge Elimination System and Best Management Practices as appropriate.
(c) 
Applicability. The provisions of this section shall apply to all land use activities, except that it shall not apply to agricultural activities provided that the combined disturbed surface area within one continuous property line and not separated by a paved public road is 10 acres or less, nor apply to other exceptions as allowed by the South Coast Air Quality Management District Rule 403.
(d) 
Violations. Any person violating any provision of this section shall be subject to the penalties set forth in Section 9-1.201, Violations and Penalties. In addition, the operation or maintenance of any device, instrument, vehicle, equipment, or machinery in violation of any provision of this section, which operation or maintenance causes discomfort or annoyance to persons of normal sensitivities or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and declared to be a public nuisance and may be subject to abatement summarily by a restraining order or an injunction issued by a court of competent jurisdiction. Furthermore, the expense of such abatement, by resolution of the City Council, may be declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner.
(Ord. No. 869, § 2)
(a) 
Purpose and Intent. The purpose of this section is to establish provisions and procedures that will ensure that the City will continue to realize the benefits of the equestrian community; support the equestrian lifestyle; protect the natural environment; provide watershed protection; and maintain the aesthetics and community character. The provisions of this ordinance are enacted to:
(1) 
Provide appropriate design standards and criteria for keeping and protection of equine on private property;
(2) 
Create, enhance, and protect the equestrian and rural atmosphere by integrating open space areas and multi-use trails into equestrian oriented development;
(3) 
Achieve visually pleasing and compatible relationships between buildings and accessory structures, multi-use trails, open space areas, and the natural environment by providing appropriate buffers between equestrian and nonequestrian uses;
(4) 
Comply with requirements set forth in City, State and Federal law;
(5) 
Protect the public, health, safety, and general welfare.
(b) 
Applicability. The regulations in this section shall apply to all commercial stables and noncommercial stables located within the City. All stables shall be required to adhere to all development and operational standards as set forth in this section.
(c) 
Commercial Stables.
(1) 
For the purposes of this section, “commercial stables” shall mean any place where horses or other equine are kept, housed, boarded, lodged, fed, hired, trained, sold, rented, or bred for monetary compensation.
(2) 
For the purposes of this section, “multi-use” trails shall mean trails that are used for equine, hiking, and bicycles.
(3) 
Setbacks. The setback requirements set forth in Table 3-21 shall pertain to all equestrian related structures, including, but not limited to, paddocks, corrals, arenas, barns, box stalls, and fly-tight manure bins, except pastures, grazing areas, and access roads. For the purposes of this section “Setback” is defined in Appendix A, Figure 13.
Table 3-21
Commercial Stable Setbacks
Location
Minimum Setback*
Front Yard
50 feet*
Side Yard
25 feet* (May be reduced to five feet if the interior side yard is adjacent to another commercial stable)
Rear Yard
Five feet*
*
All structures shall maintain a minimum of 100 feet from any property which is used, zoned, or shown on the General Plan for residential use. No paddock, box stall, or corral shall be located within 100 feet of any school, hospital or similar institution as measured from the property line.
(4) 
General Development Standards. The establishment of a commercial equestrian stable, as defined by this section and as identified in specific zoning districts, shall require approval of a Conditional Use Permit, except that minor increases in existing stable density may be approved administratively in accordance with subsection 9-3.515(c)(3)(A)(ii) of this section. The requirement for a Conditional Use Permit is necessary in order to consider the following issues before such a use could be established: (1) ability of the site to accommodate the use; (2) compatibility with areas adjacent to the keeping of equines; (3) determination on the number of horses that the site and its specific location can accommodate; and (4) compatibility of its design with the surrounding land uses. Commercial equestrian stables shall comply with the following general development standards:
(A) 
Maximum Equine Density.
(i) 
The maximum number of equines allowed at a commercial equestrian stable shall be as follows. For the purposes of this section, “usable acre” is defined as that portion of the total site which is relatively flat (not exceeding 10% slope) and which does not encroach into the 100-year flood area as defined by the Federal Emergency Management Agency (FEMA):
a. 
The maximum density shall not exceed 10 equines per usable acre where the stable does not have the ability to access a General Plan designated equestrian/hiking trail.
b. 
The maximum density shall not exceed 28 equines per usable acre where the stable has the ability to access a General Plan designated equestrian/hiking trail. For the purposes of this section, “access” shall mean that said equestrian stable is located adjacent to an equestrian easement such as a feeder trail that serves a General Plan designated equestrian/hiking trail or trail(s) that are located in the vicinity.
(ii) 
Minor Density Increases. The Community Development Director shall be authorized to approve a minor increase in equine density not to exceed 10% at an existing stable in accordance with this subsection.
a. 
The Community Development Director may approve a minor increase in equine density if the Community Development Director finds that:
1. 
The proposed density increase would not increase the existing number of equines at the subject site by more than 10%;
2. 
The subject site is lawfully operating in accordance with a previously approved Conditional Use Permit and the Conditional Use Permit establishes a horse density that is less than the maximum density allowed in Section 9-3.515(c)(3)(A)(i);
3. 
The proposed density increase would comply with the development standards and requirements set forth in this section;
4. 
The proposed density increase would not exceed the maximum densities set forth in Section 9-3.515(c)(3)(A)(i);
5. 
No prior density increase has been approved administratively for the subject site. If a density increase has been previously approved for the subject site then any further requests for density increases shall require approval of a Conditional Use Permit Modification, said modification shall be granted by the Planning Commission;
b. 
The Community Development Director shall have the authority to impose any conditions of approval deemed necessary to ensure compliance with the standards and requirements set forth in this section;
c. 
The Community Development Director shall have the authority to inspect the property to ensure that property is in compliance with any conditions that may be attached to the approved density increase;
d. 
The Community Development Director shall have the authority to modify or revoke such administrative approval if the Community Development Director determines that the property is operating in violation of any code requirement or condition of approval. Such modification or revocation may be appealed to the Planning Commission;
(B) 
Maximum Building Height. The maximum building heights for equestrian related structures are as follows:
Box Stalls: 25 feet;
Hay Storage structures: 35 feet;
Covered Arenas: 35 feet;
Stand Alone Office structures: 20 feet.
Equestrian-related structure with second floor ancillary uses: 35 feet.
Accessory structures (e.g., windmills, water tanks, etc.): 25 feet. The maximum building height for all equestrian related structures shall be subject to final discretionary approval by the Planning Commission.
(C) 
Landscaping, Landscape Buffers, and Irrigation. The landscaping and irrigation system shall be subject to review during the development review process and shall require the following:
(i) 
Commercial stables located adjacent to residentially zoned land or public streets shall provide a fifteen-foot landscaped buffer area. Said area shall include trees, shrubs and groundcover.
(ii) 
A minimum five-foot buffer area with perimeter trees, shrubs, and groundcover shall be provided adjacent to all property lines.
(iii) 
An approved water conservation irrigation system shall be provided to serve all landscape areas.
(D) 
Signs. All signs shall conform to the requirements of Section 9-3.543
(E) 
Lighting. All security lighting shall be such that it is directed onto the site. All lighting shall conform to the requirements of Section 9-3.529
(F) 
Access Roads. All access roads shall be finished with asphalt, aggregate base, decomposed granite or equivalent material as approved by the City Engineer. The extent of finished roads and the stable’s circulation system shall be determined during the development review process.
(G) 
Building Area. A maximum of 30% of the usable acres may be devoted to buildings, covered areas, feed storage structures, impervious surface parking areas, barns, caretaker residence, covered paddocks (roofed areas only), offices and other covered structures. Uses which are not to be considered in calculating building coverage are those support uses which are open in character, including, but not limited to, open arenas, open paddocks, pastures, hot walkers, wash racks, picnic areas, pervious concrete/surfaces, etc. “Usable Acre” is that defined by subsection (a)(3)(A)(i) of this section.
(H) 
Development procedures. The procedures for development shall be as set forth in Article 3 Development Review Procedures of Chapter 2 of this title.
(I) 
Equestrian Shows and Exhibits. For the purposes of this section, equestrian shows and exhibits shall mean equine related events that are juried, provide instruction or demonstration to exhibitors and where participants will attend and perform. Said shows and exhibitions shall be permitted only at approved commercial stables, unless otherwise permitted by the City Council. Equestrian Shows and Exhibits shall require review and approval by the Community Development Director for major events. Major events shall be larger, sanctioned events which draw participants and attendees from out of the area and that create impacts to traffic, parking, noise, lighting or public safety. The Community Development Director shall have the authority to prescribe the type and form of information required for the Administrative Approval application. Applications to conduct an equine show or exhibit shall be submitted at least 14 business days prior to the scheduled event to the Community Development Department for either approval or denial pursuant to Section 9-2.303 Administrative Approvals.
(J) 
Minor events shall be exempt from this section. For the purposes of this section, “Minor events” shall mean any event that does not invite the general public and that takes place and is isolated within the facility property boundary. However, said events shall adhere to all other Municipal Code regulations and standards.
(K) 
Exterior sides which are to enclose structures shall be finished with wood, stucco, masonry, or other material of similar texture and durability.
(L) 
The roof material of structures shall be slate, tile, asphalt shingle, colored corrugated metal or standing seam, or other material of similar appearance, texture, substance, and durability as approved by the Community Development Director.
(M) 
Fencing. Where equines are kept within paddocks and stables, fences shall maintain a height of at least five feet and shall be of such construction as to preclude the escape of equines. Said fencing shall be constructed with wood, masonry, metal bar construction, heavy-gauge metal wire or polyvinyl (that meets industry standards) or other appropriate material as approved by the Community Development Director.
(N) 
Public Toilets. A minimum of one public bathroom for each sex shall be provided. Portable outdoor bathroom facilities shall be permitted for areas located within a FEMA-designated flood zone and may allow use by both men and women. All other facilities shall be of permanent construction.
(O) 
Maintenance. All stables shall be maintained in such a manner as to insure the health and safety of all equines and the structural integrity of all buildings, corrals, paddocks, barns and fences.
(P) 
Emergency Plan. All stables shall maintain an Equestrian Emergency Plan. An Equestrian Emergency Plan shall be submitted to the City Manager or designee, for approval once every four years. The Plan shall include, but not be limited to, an emergency action checklist that identifies the organization for emergency response and actions to be taken during an emergency, and the identity of all staff, facilities, number (quantity) of stalls, major equipment and supplies available for emergency use, relocation sites and emergency contact information. The City Manager or Designee may provide a template for a Plan that meets the requirements hereunder.
(Q) 
Stable Management. The management of commercial stables shall meet the requirements of the Orange County Environmental Health Department to ensure that environmental impacts are kept at a minimum and shall maintain a valid Animal Control permit issued by the Health Department at all times.
(R) 
Employee Housing. In order to provide for the health and safety of equines and structures, caretaker residences may be established on the premises. Such residences shall meet the requirements set forth in Section 9-3.511 Caretaker Residences.
(S) 
All stables shall comply with all provisions and regulations of Municipal Code Chapter 14 Water Regulations and with the City’s Equestrian—Related Water Quality Best Management Practices Manual.
(d) 
Noncommercial Stables. Noncommercial residential stables and equestrian facilities. Equines may be maintained within residential districts where permitted, subject to the provisions of this section. All such uses shall be restricted to a private noncommercial activity.
(1) 
For the purposes of this section, noncommercial stables shall mean any place where equines are kept for the use and enjoyment of the occupants of the premises, or a noncommercial facility for the use of a private homeowner association.
(2) 
Setbacks. The following setback requirements shall pertain to all structures which relate to the keeping of equines, and exercise or grazing areas. Such facilities shall be subject to the following provisions:
From property line to paddocks/stall on same lot:
Front yard: Twenty feet.
Side and rear yard: Fifteen feet.
From property line to pasture/exercise area on same lot:
Front yard: Twenty feet.
Side and rear yard: Ten feet.
From pasture/exercise area to setback line for residences on adjacent lot:
Front yard: Thirty-five feet.
Side and rear yard: Thirty-five feet.
From pasture/exercise area and paddocks/stall to residence on same lot:
Front yard: Zero feet.
Side and rear yard: Zero feet.
From paddocks/stall to setback line from residence on adjacent lot:
Front yard: Fifty feet.
Side and rear yard: Fifty feet.
(3) 
General Development Standards.
(A) 
Equines may be kept within the Residential/Agriculture (RA), Hillside Residential (HR), Single-Family-40,000 (RSE-40,000), Single-Family-20,000 (RSE-20,000), Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000), Residential Garden-7,000 (RG-7,000), Single-Family 4,000 (RS-4,000), Residential Garden-4,000 (RG-4,000), and Planned Community (PC) Districts where common equestrian facilities are designed into the development and equestrian trails are established adjacent to all equestrian facilities or where access can be reasonably achieved as determined by the Community Development Director. Developments with common equestrian stables or corrals shall conform to the development standards set forth in subsection (c) of this section for commercial stables.
(B) 
Equines may be kept on individual lots within the Agri-Business (A), Residential/Agriculture (RA), Hillside Residential (HR), Single-Family-40,000 (RSE-40,000), and Single-Family-20,000 (RSE-20,000) Districts provided the following standards are met:
(i) 
Number of horses/lot size. One equine per 10,000 square feet of overall lot size.
(ii) 
Minimum lot area for equestrian use. 2,500 square feet for the first horse, of which 500 square feet must be flat (slope no greater than 10%). For each additional horse beyond one, an additional 500 square feet of flat land shall be provided.
(iii) 
Number of equines that require a conditional use permit.
a. 
If the property is two acres or less, four equines may be kept without needing a conditional use permit.
b. 
If the property is between two and five acres, six equines may be kept without needing a conditional use permit.
c. 
If the property is more than five acres, 10 equines may be kept without needing a conditional use permit.
For the purposes of this section, a mare and a foal (up to eight months of age kept together) shall count as one horse.
(C) 
The roof material of equestrian-oriented accessory structures such as barns, and stables shall be slate, tile, asphalt shingle, colored corrugated metal or standing seam, or other material of similar appearance, texture, substance, and durability as approved by the Community Development Director.
(D) 
Perimeter Fencing. Perimeter fences shall maintain a height of at least five feet and shall be of such construction as to preclude the escape of equines. Said fencing shall be constructed with wood, masonry, metal bar construction, polyvinyl (that meets industry standards) or other appropriate screen material as approved by the Community Development Director.
(e) 
Nonconformities. The nonconformities section shall apply only to Commercial Stables. Nonconforming equestrian uses and/or structures shall be subject to the following:
(A) 
Except as provided in this section, all existing buildings, structures, fences, enclosures and uses of land, including the number of equines allowed by this section, which do not conform to the provisions of this section, but were existing as legal conforming uses or structures on February 4, 2008, shall be considered legal nonconforming uses and/or structures for purposes of this section.
(B) 
The owner of property with equestrian uses or structures that have been rendered nonconforming by the provisions of this section shall file a written, nonconformity statement with the Community Development Director in order to establish a record of and the right to continue the nonconforming uses or structures.
(C) 
The property owner desiring to establish the legal, nonconformity of equestrian uses or structures shall file a written nonconformity statement with the Community Development Director no later than four months after the adoption of this chapter. Failure to do so will render the nonconforming use as unlawful and will require discontinuance of the use and removal of all equestrian uses and structures no later than November 1, 2009.
(i) 
A written nonconformity statement shall include:
a. 
The ownership of the lot or parcel;
b. 
If the nonconformity involves the keeping of more than the maximum allowable equines on a vacant or developed lot or parcel, or on any combination of contiguous lots or parcels which are owned or under the control of the same individual(s), a statement identifying the owner of each animal kept on the subject property;
c. 
Permission from the owner for a City representative to enter upon said lot or parcel to verify, inspect, and photograph the nonconforming condition; and
d. 
Any additional information, as required by the Community Development Director.
(ii) 
Upon submittal of the written nonconformity statement to the Community Development Director, the Director or his or her representative shall verify the nonconforming condition through a site visit to the property. Upon verification of the nonconforming condition, the Community Development Director shall keep on file a record of the nonconforming condition.
a. 
Code Enforcement Compliance. If an existing site condition is deemed illegal by the City or is in a current state of Code Enforcement, said property owner shall gain compliance prior to the City approving and recording a nonconforming statement.
(iii) 
Except as provided below, the acceptance and verification of a written nonconformity statement by the Director shall permit the nonconforming condition to continue as follows:
a. 
The boarding of equines on a lot or parcel or on any combination of contiguous lots or parcels which are owned or under the control of the same individual(s), shall be permitted to continue pursuant to Section 9-3.533 of this Code.
b. 
Nonconforming conditions may continue until abandoned by a change of use or cessation of the equestrian use for longer than a six-month period.
(iv) 
The Director shall cause each nonconformity statement which is issued to be recorded with the county recorder. The recorded document shall clearly describe the uses and/or structures that are allowed to continue on the property.
(v) 
If no written nonconformity statement has been submitted to the Community Development Director pursuant to this Section, or if the property owner does not allow the Community Development Director or his/her representative to verify the nonconforming condition, it shall be presumed that the nonconforming condition was illegal at the time of adoption of the ordinance establishing these regulations.
(D) 
Certificate of Compliance. Commercial stables that have provided documentation proving compliance with applicable Municipal codes shall be issued a Certificate of Compliance. To assist the City in making the determination of compliance the required documents may include facility entitlements, record drawings/maps of the facility, building permits, and similar records of land use approval.
(Ord. No. 869, § 2, as amended by § 3 Exh. B, Ord. 937, Ord. No. 958, § 2 (Exh. A), 5-19-2009)
(a) 
General. Fences, walls, and hedges may be erected within required yard setbacks in all districts subject to the requirements of this section.
For the purposes of this section, the words “fence” and “wall” shall have the same meaning, and any reference to fences shall include walls as well. In addition, all height restrictions applying to fences and walls shall apply equally to hedges planted within required yards forming a barrier serving the same visual purpose as a fence or wall.
(b) 
All districts. “Fences” and walls for the following uses shall be subject to the location, height and design standards so stipulated by the referenced section of the Code:
(1) 
Fences to be located within corner lots shall be in compliance with the visibility provisions of Section 9-3.559 Visibility at Intersections/Driveways.
(2) 
Fences adjacent to a driveway shall be in compliance with the visibility provisions of Section 9-3.559 Visibility at Intersections/Driveways.
(3) 
All swimming pools, whirlpools and spas shall be enclosed by a minimum five-foot-high (5) fence designed and located in accordance with the provisions of Title 8. Chapter 6.
(4) 
Storage of outside materials shall be subject to the location and design regulations of Section 9-3.549 Storage and Display.
(5) 
Tennis court fencing shall be in compliance with the setback and height requirements of Section 9-3.501 Accessory Uses and Structures.
(6) 
All fences and walls shall be finished on both sides. If adjacent property owner refuses permission, provision shall be waived.
(c) 
Residential districts. The following requirements shall apply to fences in all residential districts:
(1) 
Fences erected within required side or rear yards shall not exceed a height of six feet. However; when the rear property line of a corner lot abuts the side property line of an adjoining lot (i.e., a “key lot” situation), fences on the exterior (street) side of a corner lot shall not exceed a height of three feet if placed within five feet of the street right-of-way line adjoining the side yard of a said corner lot. Further, fences within a required side yard on the exterior side of a corner lot shall conform to the requirements of Section 9-3.559 Visibility at Intersections/Driveways.
(2) 
Solid fences shall not exceed a height of three feet in any required front yard. However, the Planning Director, upon an application, may approve fences in front yards up to five feet in height if all of the following requirements are met:
(A) 
The portion of the fence above three feet is of open vertical bar construction (for example, wrought iron) with a minimum spacing of three inches between vertical elements; and
(B) 
The City Engineer confirms that the proposed fence allows adequate sight distance for vehicles using driveways and/or street intersections.
(d) 
Agricultural districts. Fences may be erected in the Agri-Business (A) District up to a height of six feet within all required yards provided such fences conform to the requirements of Section 9-3.559 Visibility at Intersections/Driveways.
(e) 
Other districts. Fence height and design in all districts other than residential and agricultural shall be approved by the Planning Director if not a part of a development application being processed in accordance with Article 3 Development Review Procedures of Chapter 2 of this title. Fences being considered as part of a development application shall be approved by the Planning Commission.
(f) 
Fence/retaining wall combinations (all districts). If a fence is a vertical extension of a retaining wall, and the combined retaining wall and fence height is greater than six feet within a side or rear yard that abut a street or trail easement, or greater than three feet within a front yard (measured from the base of the retaining wall), the base of the fence shall be stepped back from the top of the retaining wall a minimum of two feet. This provision is subject to review and approval by the Planning-Director.
(g) 
Measurement of fence height. The height of fences and walls not enclosing a pool shall be measured from the finish grade on the inside of the fence, as shown in Figure 3-3. The height of a fence or wall enclosing a pool shall be measured from the finished grade, three feet from the outside of the fence or wall. For fences and walls that are located on a natural or manufactured slope, the fence may be staggered in height where the minimum height is not less than five feet. Plans for such fences and wall shall be subject to the approval of the Planning Director.
-Image-10.tif
Figure 3-3 Fence Height Calculation
(h) 
Exceptions to standards. Subject to the administrative approval of the Planning Director pursuant to Section 9-2.303 Administrative Approvals:
(1) 
A combination fence structure may exceed six feet when the portion of fence over six feet is open construction.
(2) 
The combined height of a retaining wall with fence may exceed six feet to a maximum of 10 feet.
(i) 
Building permits. Building permits shall be required prior to the erection of fences in accordance with the requirements of the Uniform Building Code and Title 8
(Ord. No. 869, § 2)
(a) 
Purpose and intent. Special regulations are necessary to insure public safety and reduce fire damage to structures located in areas subject to risk from wildland fires. The primary purpose is to require fuel modification that reduces the level of risk from wildland fires by removal of native flammable vegetation and replacement with drought-tolerant, fire-resistant plants that reduce radiant and convective heat. This planting program will provide fire-suppression forces a safe area in which to take an action to protect life and property.
(b) 
Applicability. Any development application that will require the issuance of a Building Permit for a primary structure(s) where property is immediately adjacent to mature flammable vegetation, shall be subject to the requirement that a modification program approval be obtained from the Orange County Fire Authority prior to Building Permit issuance. For purposes of this section, a “primary structure” shall mean a principal permitted structure designated by the applicable zoning district; it shall not pertain to minor accessory structures such as patios, fences, etc.
(c) 
Review process.
(1) 
Submittal. A fuel modification plan shall be submitted to the City concurrently with an application for a Building Permit or other development application (i.e., tentative subdivision map, growth management, or comparable mobilehome park, etc.). Prior to issuance of any permits, a fuel modification plan and program must be approved by the Fire Marshal and either the Planning Commission or Zoning Administrator if said development application is to be processed as part of one of the procedures identified in Article 3 Development Review Procedures of Chapter 2 of this title. The plan will show special treatment of the area to achieve an acceptable level of risk regarding: exposure of structures to flammable vegetation: and method(s) of removal, mechanical or hand labor and continuous maintenance.
The vegetation fuel modification shall include the following information:
(A) 
Delineation. The minimum width of the vegetation fuel modification area may range between fifty and one hundred (50-100) feet. This may require evaluation by a fire department representative prior to preparation of the plan. For preliminary plan approval, general dimensions will be adequate. For precise plans, exact delineation showing undulated borders, etc., must be submitted.
(B) 
Wet zone. The first 50 feet of vegetation fuel modification must consist of irrigated landscaping. The plan must delineate that portion of the fuel modification area which will be permanently irrigated. Fuel modification can be as simple as a wet zone (greenbelt) extending into flammable light annual vegetation. These wet zones may range between fifty and one hundred (50-100) feet in width measured on a map from the back of a lot or from a point within the lot where deed restrictions and/or provisions of the Municipal Code prohibit the location of flammable structures.
(C) 
Plant list. A plant list must be submitted containing both the botanical and common name of all plant materials that are to be used. In the wet zone areas, plants must be fire resistant, nonevasive, and preferably drought-tolerant. Plant materials that are to be used outside of the wet zone areas must be fire resistant.
(D) 
Thinning zones. Thinning or removal of heavy perennial brush for distances of 100 feet or more will be required. Replanting of low-volume, fire-resistant, drought-tolerant plants may be required for erosion and slope control. Large shrubby plants shall be thinned out and cleared of all dead wood. Spacing between the plant material should be limited to no closer than 15 feet on center.
(E) 
Off-site area. In areas where the minimum width cannot be achieved within lot or tract boundaries, off-site permission may be required to obtain the minimum width. Documentation of permission for off-site fuel modification and maintenance must be attached to preliminary plans.
(F) 
Maintenance. Provisions for continuous maintenance must be provided, i.e., through homeowner associations, property owners, or other entities. Maintenance includes the removal of undesirable flammable vegetation, irrigation, etc., needed to maintain the fuel modified area in a fire safe condition as required by the Orange County Fire Authority. Written evidence indicating responsibility for maintenance must be submitted with the preliminary fuel modification plan.
(G) 
Method(s) for maintenance. How native vegetation will be removed or thinned is to be identified. The method of removal can be critical in various view-sensitive areas, geologically-hazardous areas, and in woodland areas. Mechanical removal is acceptable in some areas. In other areas, hand removal or thinning will be required. Wood areas will require hand thinning and some vegetation may need to be selectively removed. Trees can usually remain if not dense. If trees are proposed to be removed, a proper tree removal permit application shall be processed in accordance with Section 9-2.349 Tree Removal Permit.
(H) 
Planting adjacent to structures in fire risk areas. Planting adjacent to structures on private property which is in close proximity to native vegetation is considered part of the Vegetation Fuel Modification Program and will be subject to review and monitoring in accordance with subsection (d) Enforcement of this section. The following guidelines shall be observed when planting near fire risk areas:
(i) 
Limit use of plants which are known to be especially flammable.
(ii) 
Limit planting in large unbroken masses, especially trees and large shrubs. Groups should be two or three maximum, mature foliage of any group should be separated horizontally by at least 30 feet.
(iii) 
Limit use of plants which develop large volumes of foliage and branches.
(iv) 
Limit use of plants which have dry or deciduous foliage during part of the year.
(v) 
Limit use of plants which develop deciduous or shaggy bark.
(vi) 
Limit use of plants which develop dry or dead undergrowth.
(vii) 
Limit massing of vegetation adjacent to structures, especially under eaves, overhangs, decks, etc.
(viii) 
Limit massing of shrubs at bases of trees or larger shrubs.
(ix) 
Conduct yearly maintenance to reduce fuel volumes, eliminate weeds, remove dead vegetation, etc.
(x) 
Provide reliable automatic irrigation systems to maintain vegetation in healthy, turgid state.
(2) 
Permit application. An application to the Engineering and Building Services Department for either a grading or building permit for projects subject to the provisions of this section shall include submission of a preliminary fuel modification plan as described under subsection (1) above. After preliminary plan review, a precise fuel modification plan incorporating plan check corrections must be submitted and approved prior to issuance of permits.
(3) 
Release of Use and Occupancy permits. The approved fuel modification plan shall be installed prior to final inspection. Use and Occupancy permits shall be issued only upon final inspection and acceptance by the City.
(d) 
Enforcement. In the event that the fuel modification program is not properly maintained resulting in the accumulation of weeds or rubbish constituting a hazard, enforcement action will be taken pursuant to the weed abatement provisions of Municipal Code Sections 6-7.01 et seq.
(Ord. No. 869, § 2)
(a) 
Purpose and intent. The purpose of this section is to establish uniform procedures and standards for controlling the location, design, maintenance and safety of hazardous waste facilities. The Land Use Code has been amended to include the provisions herein to implement general policies regarding hazardous waste management facilities pursuant to State law and the Orange County Hazardous Waste Management Plan. The purpose and intent of this section is to meet the “Fair Share Facility Siting” policy of the Orange County Hazardous Waste Management Plan. However, the City shall have absolutely no obligation to approve any conditional use permit which proposes to process a volume of hazardous waste which exceeds that generated by land uses within the City.
(b) 
Applicability. The specific requirements of this section are applicable to the siting and development of all hazardous waste treatment, storage, transfer and disposal facilities. All such facilities shall require applicable State licensing to develop and operate.
(c) 
Procedure. All hazardous waste facilities shall be subject to approval of a conditional use permit and the state mandated standards established by this section, or as required by future updates to State code. In addition to the procedure stated in Section 9-2.317 Conditional Use Permit, the following procedures shall govern the processing of a conditional use permit application for all hazardous waste facilities:
(1) 
At least 90 days before filing an application with the City for a hazardous waste facility conditional use permit, the applicant shall file, with the Office of Permit Assistance (OPA) in the State’s Office of Planning and Research and with the City, a Notice of Intent to make such an application. The Notice of Intent shall specify the location to which the Notice of Intent is applicable and shall contain a complete description of the nature, function and scope of the project. The OPA shall immediately notify the affected State agencies of the Notice of Intent. The City shall publish the Notice of Intent in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners of contiguous property, as shown in the latest equalized assessment. (Requirement of Section 25199.7 (a) of the California Health & Safety Code.)
(2) 
Within 90 days after a Notice of Intent is filed with the Office of Permit Assistance, the OPA shall convene a public meeting within the City to inform the public on the nature, function, and scope of the proposed project and the procedures that are required for approving the project application. OPA shall advise the City of the date, time, and location of the meeting. (Requirement of Section 25199.7(c) of the California Health and Safety Code.)
(3) 
Within 10 calendar days after the City has determined that a conditional use permit application for a hazardous waste facility is complete, staff shall solicit services from qualified consultants pursuant to the City’s professional consultant selection requirements. The purpose of the consultant shall be to provide technical assistance to the staff and Local Assessment Committee (LAC). Following selection of the consultant, the applicant shall deposit necessary fees with the City to cover all costs associated with the approved scope of work.
(4) 
Within 30 days of acceptance of a conditional use permit as complete, the City Council shall appoint the seven member LAC pursuant to the provisions of subsection (f). (Requirement of Section 25199.7(d) of the California Health & Safety Code.)
(5) 
The City shall notify the OPA within 10 days after an application for a conditional use permit for a hazardous waste facility project is accepted as complete by the City. Within 60 days after receiving such notice, the OPA shall convene a meeting of the lead and responsible agencies for the project, the applicant, and the interested public, for the purpose of determining the issues which concern the public agencies and the public. (Requirement of Section 25199.7(e) of the California Health & Safety Code.)
(6) 
Following the meeting specified in subsection (c)(5) of this section, the applicant, City staff and the LAC shall meet and confer on the proposed hazardous waste facility project proposal for the purpose of establishing the terms and conditions under which the project may be acceptable to the community. (Requirement of Section 25199.7(f) of the California Health & Safety Code.)
(7) 
At the request of the applicant, the Planning Department shall, within 60 calendar days after the City has determined that a conditional use permit application for a hazardous waste facility is complete, issue an initial written determination on whether the project is consistent with both the City General Plan and Zoning Ordinance in effect at the time the application was received, and the Orange County Hazardous Waste Management Plan. (Requirement of Section 25199.5(a) of the California Health & Safety Code.)
(8) 
An applicant may appeal the City’s final approving body action on a conditional use permit for a hazardous waste facility project to the Governor or the Governor’s designee. (Requirement of Section 25199.9 of the California Health & Safety Code.)
(d) 
Application submission requirements. In addition to the standard submission requirements for a conditional use permit, applications for an off-site hazardous waste facility must be accompanied by the following:
(1) 
A preliminary geotechnical study of the property and surrounding area including the location and characteristic of any aquifers, regardless of the potability of those aquifers.
(2) 
Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge.
(3) 
Identification of the amounts (pounds) and types of hazardous wastes to be treated at the proposed facility; the sources of these wastes; the ultimate disposition of the wastes; and the anticipated life of the facility. Information shall be based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility.
(4) 
An emergency operations plan containing emergency procedures pursuant to subsection (j)(2) of this section.
(5) 
Other information as required by the Planning Director to demonstrate compliance with the subsections (h) Project criteria, and subsection (i) Facility siting standards of this section.
(6) 
A Health and Safety Assessment prepared by a qualified preparer is required to provide technical and environmental evaluation of the proposed facility, site, and surrounding area. A Health and Safety Assessment will provide the information and analysis needed to demonstrate compliance of the proposed facility with the siting criteria. The scope of the assessment will vary according to the size, type, and proposed location of the facility. The Health and Safety Assessment shall evaluate, at minimum the area within 2,000 feet of the site, which is designated a sensitive area, and shall evaluate the potential impact on sensitive populations. Sensitive populations include residential, employment, and immobile populations such as schools, hospitals, convalescent homes, and other similar facilities within the area of potential impact. The Health and Safety Assessment must consider the qualities and the physical and chemical characteristics of the specific types of the waste that would be handled, the facility design features and planned operations practices. The need and distance for any buffering of the facility from residential areas or other sensitive land uses will be identified. The Assessment must include a hydrologic evaluation, and must assess risks due to physical hazards such as flooding and earthquakes and potential water or air pollution. The Assessment will detail credible potential accidents, including the distance over which effects would carry, a variety of options for reducing risks, and procedures for dealing with the effects. The Assessment will identify the capabilities (including equipment and trained personnel) and response times of existing emergency services with regard to accidents at the facility, and will provide an emergency evacuation plan. If existing emergency services are deemed inadequate, the City may require the developer to supplement those services with on-site trained personnel and equipment.
(e) 
Environmental review. All hazardous waste facility projects shall be subject to environmental analysis according to City environmental review guidelines and pursuant to the California Environmental Quality Act. Preliminary environmental review shall include analysis with particular emphasis on geology and soils, hazards and hazardous material, hydrology and water quality, air quality, aesthetics, and noise impacts.
(f) 
Local Assessment Committee. The City Council shall appoint a seven member local assessment committee (LAC) to administer the provisions of this Code as specified herein.
(1) 
The LAC shall include three representatives of the community at large, two representatives of environmental or public interest groups, and two representatives of affected businesses or industries. Members of the LAC shall have no financial interest, as defined by Section 87103 of the California Government Code, in the hazardous waste facility project under review. The responsibilities of the LAC shall include:
(A) 
Advise the City of the terms and conditions under which a proposed hazardous waste facility would meet the requirements of this section of the Code. The LAC shall determine, in consultation with the applicant, the following (Requirement of Section 25199.7(d)(2) of the California Health & Safety Code.):
(i) 
Measures which should be undertaken in connection with the operation of the proposed hazardous waste facility project to protect the public health, safety, and welfare.
(ii) 
Special benefits or remuneration the applicant will provide the City as compensation for the local costs associated with the operation of the proposed hazardous waste facility.
(B) 
In meetings with the applicant, generally represent the interests of City residents and business as well as those of adjoining communities. (Requirement of Section 25199.7(d)(2)(B) of the California Health & Safety Code.)
(C) 
Expend the technical assistance services made available under subsection (c)(3) of this section. (Requirement of Section 25199.7(d)(2)(C) of the California Health & Safety Code.)
(D) 
Adopt administrative rules and procedures which are necessary to perform duties outlined herein. (Requirement of Section 25199.7(d)(2)(D) of the California Health & Safety Code.)
(E) 
Advise the City of the terms, provisions, and conditions for project approval which have been agreed upon by the LAC and the applicant, or which the LAC deems appropriate. The City decision-making body may rely upon the advice and recommendations of the LAC. (Requirement of Section 25199.7(d)(2)(E) of the California Health & Safety Code.)
(F) 
After final administrative action has been taken by the State and local agencies on the conditional use permit application, the LAC shall automatically cease to exist. (Requirement of Section 25199.7(d)(4) of the California Health & Safety Code.)
(2) 
The City shall provide the LAC with necessary staff resources to assist in fulfilling its responsibilities. (Requirement of Section 25199.7(d)(3) of the California Health& Safety Code.)
(3) 
If the LAC and applicant cannot resolve differences through the public meeting process, the City may request the assistance of OPA to reach resolution pursuant to Section 25199.4 of the California Health & Safety Code. (Requirement of Section 25199.7(h) of the California Health & Safety Code.)
(g) 
Public hearings. Public hearings on “Hazardous Waste Facility” conditional use permits shall be conducted pursuant to Section 9-2.335 Public Hearing Procedures.
(h) 
Project criteria. Prior to approving a conditional use permit for a hazardous waste facility, the Planning Commission must find the following criteria have been met. The Planning Commission’s findings must be contained in the approving resolution:
(1) 
The project will be consistent with the General Plan including in particular, the policies of the Land Use, Circulation, and Safety Elements.
(2) 
The project will not be detrimental to the health, safety or general welfare of the community.
(3) 
The project site is or will be adequately served by roads and other public or private service facilities.
(4) 
The project will be consistent with the Regional Fair Share Facility Needs Assessment and siting policies established in the Orange County Hazardous Waste Management Plan. The City may impose conditions of approval limiting the capacity of facilities to that level commensurate with the amount of hazardous waste generated by activities and businesses within the City’s limits.
(5) 
The project will comply with the Facility Siting Standards established by subsection (i) of this section.
(i) 
Facility siting standards. The following siting criteria have been established for the design of hazardous waste facilities and by the City in evaluating proposed sites and facility projects:
(1) 
Public health.
(A) 
Health and Safety Assessment. All facilities shall be sited so as not to create significant risks or cause adverse impacts to the health and safety of populations in surrounding public and private areas, as determined by a Health and Safety Assessment. Potentially significant health or safety risks must be eliminated or mitigated to the satisfaction of the local permitting agency and the California Department of Health Services.
(B) 
Distance from populations. Treatment, recycling and collection facilities shall comply with local minimum zoning code setbacks, unless a greater buffer distance from other uses is deemed necessary by the Health and Safety Assessment. Residuals repositories shall provide a minimum buffer distance of 2,000 feet from residences and other sensitive land uses. The size of the buffer zone may be increased based on the required Health and Safety Assessment.
(2) 
Structural stability.
(A) 
Floodplain. All facilities must be situated outside the limits of the 100-year floodplain (FHA).
(B) 
Earthquakes. All new facilities must have a minimum 200 foot setback from any known Holocene faults, unless otherwise allowed by California Code of Regulations, Title 23, Division 3, Subchapter 15, Section 2531(b).
(C) 
Unstable Soils: All facilities are prohibited from locating in areas of potential rapid geologic change, unless the facility and its containment structures have engineered design features to assure structural stability. This includes areas with unstable soils, steep slopes, and areas subject to liquefaction, subsidence or other severe geologic constraints.
(3) 
Water quality.
(A) 
Containment and groundwater monitoring. All facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material. Facilities shall be equipped with leak detection and spill control and recovery capability. Groundwater monitoring wells must be located around each facility to determine background zone and groundwater quality, and to detect leaks and spills from the facility.
(B) 
Water quality. Facilities shall locate so that domestic water supply wells cannot be adversely affected from unauthorized releases of contaminants. Facilities shall not locate within well head protection zones as identified by EPA guidelines or municipal water supply agencies and local water districts. Facilities shall not impact the quality of surface waters (lakes, rivers, streams, creeks, etc.) or ground water resources which have been identified for beneficial uses by the Regional Water Quality Control Board Basin Plan.
Treatment, recycling and collection facilities should locate outside of principal recharge areas to regional aquifers as defined in local or State plans. Facilities may locate in the following areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection: (a) major aquifer recharge areas, (b) areas of permeable strata and soils, and (c) areas where the existing groundwater has beneficial uses as described in the Basin Plan. Facilities with subsurface storage or treatment must be sited, designed and operated to ensure that hazardous materials will be above the tension-saturated zone.
Residuals repositories are prohibited from locating in principal recharge areas to regional aquifers as defined in local or State plans. Repositories are prohibited in areas of high permeability per the requirements of the State Water Quality Control Board and California Code of Regulations, Title 23, Division 3, Subchapter 15, Section 2531(b). Repositories may locate only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or man-induced conditions) to the extent that it is not considered for beneficial use by the basin to ensure that hazardous materials will always be above the tension-saturated zone.
(C) 
Wastewater. All facilities generating wastewaters must locate in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, State and local sewer agency discharge requirements and the facility must obtain a valid industrial wastewater discharge permit.
(4) 
Air quality. All facilities are prohibited in Class I areas as identified by the Clean Air Act, and within wilderness, National Parks, memorial areas and similarly dedicated areas. Facilities may be sited in other nonattainment and PSD (Prevention of Significant Deterioration) areas only if they meet the requirements of the South Coast Air Quality Management District (SCAQMD).
(5) 
Environmentally sensitive areas.
(A) 
Wetlands. All facilities are prohibited from locating in wetlands such as saltwater, fresh water and brackish marshes, swamps and bogs, as defined in local, regional and State plans and policies.
(B) 
Animal and plant habitats. All facilities are prohibited from locating within critical or significant habitat areas of animal and plant species (including threatened or endangered species), as defined in local, regional or State plans and policies.
(C) 
Recreational, cultural and aesthetic resources. Collection facilities may locate in protected, recreational, cultural or aesthetic resource areas, as defined by local, regional, State or national plans or policies, only if necessary to handle hazardous wastes generated by workers, or visitors in these areas.
Treatment and Recycling Facilities and Residuals Repositories are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, State or national plans or policies.
(6) 
Transport of hazardous waste.
(A) 
Proximity to waste generation areas. All facilities should locate as close as possible to sources of hazardous waste generation (generally industrial areas) to minimize the risks of transportation.
(B) 
Proximity and access to major routes. Facilities shall locate to minimize distance from major transportation routes. Facilities must have good access by roads designed to accommodate heavy vehicles. Travel routes from facilities to major transportation routes shall not pass through residential neighborhoods.
(7) 
General plan consistency. All facilities must be situated within areas designated “4.0, Industrial Park” and “4.1, Quasi-industrial” by the General Plan Land Use Element. Facilities must also be consistent with the Orange County Hazardous Waste Management Plan.
(j) 
Special development requirements. The City may impose conditions on the granting of a conditional use permit for a hazardous waste facility in order to achieve the purposes of this section and the General Plan and to protect the health, safety and general welfare of the community.
(1) 
Safety and security.
(A) 
The operator shall provide a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility.
(B) 
A visual and security barrier shall be constructed which completely surrounds the facility.
(C) 
All gates or other entrances into the facility shall be provided with signs which State “Danger - Hazardous Waste Area - Unauthorized Personnel Keep Out.” Signs shall be posted at each entrance to the facility, and at other locations deemed necessary. The signs shall be written in English and Spanish.
(2) 
Emergency operations plan.
(A) 
The hazardous waste facility is required to have an emergency operations plan designed to minimize hazards to human health and the environment from fires, explosions, or unplanned release of hazardous waste to air, soil, or surface water. The plan shall be implemented immediately whenever a fire, explosion, or unplanned release occurs.
(B) 
The emergency operations plan shall include:
(i) 
The responsibilities of employees in response to a fire, explosion or unplanned release of hazardous waste.
(ii) 
Role/responsibility local emergency response officials (subject to their approval).
(iii) 
The names, addresses and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. (If more than one name is listed, the order in which they may assume authority shall be given, with one person designated as primary coordinator.) The emergency coordinator shall be available to respond to an emergency and shall have the responsibility for coordinating all emergency response measures.
(iv) 
A listing of all emergency equipment at the facility, including its location and an outline of its capabilities.
(v) 
An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes and alternate routes.
(C) 
Emergency coordinator responsibilities shall be identified in the emergency operations plan to include, at minimum, the following:
(i) 
In event of an emergency (imminent or natural), the emergency coordinator shall immediately activate facility alarms to notify employees and shall contact appropriate State or local emergency response agencies.
(ii) 
In the event of a fire, explosion, or release of any hazardous material, the emergency coordinator shall immediately identify the character, exact source, amount and real extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards both direct and indirect, to human health or the environment that may result from the emergency.
(iii) 
If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health and the environment outside the facility, the emergency coordinator shall notify officials and also notify the State Office of Emergency Services by phone providing the following information:
(a) 
Name and telephone of person reporting.
(b) 
Name and address of facility.
(c) 
Time and type of incident.
(d) 
Type and quantity of material(s) involved.
(e) 
Extent of injuries if any.
(f) 
Potential hazard outside facility.
(iv) 
During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions, and releases do not occur or spread, including such measures as:
(a) 
Ceasing operations.
(b) 
Collecting and containing released waste.
(c) 
Removing or isolating containers.
(v) 
In the event the facility is closed, the emergency coordinator shall monitor the site.
(vi) 
Following an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire or explosion.
(D) 
Owner/operator responsibilities shall be identified in the emergency operations plan to include, at minimum, the following:
(i) 
Notify the State Department of Health Services and appropriate State and local authorities that the above requirements have been met before operations are resumed in the affected area.
(ii) 
Record the time, date and details of any incident which required implementing the emergency operations plan.
(iii) 
Within 15 days of resuming operations following an emergency incident, submit a written report on the incident to the State Department of Health Services including all information required by the Department.
(iv) 
The emergency operations plan shall be reviewed annually and amended as necessary.
(3) 
Public agency monitoring.
(A) 
Upon reasonable notice, the City or their designated representative may enter a parcel on which a conditional use permit for a hazardous waste facility has been granted for the purpose of monitoring the operation of the facility.
(B) 
The operator of a hazardous waste facility shall report quarterly to the City, the amount, type and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous waste materials.
(C) 
All structures shall remain accessible for inspection purposes.
(4) 
Closure plan. The applicant for a hazardous waste management facility shall submit a closure plan and cost estimate for closure. The plan shall identify steps necessary to completely close the facility at any point during its intended operating life and to completely close the facility at the end of its intended operating life. The closure plan shall include at least:
(A) 
A description of how and when the facility will be finally closed. The description shall identify the maximum extent of the operation which will be open during the life of the facility.
(B) 
An estimate of the maximum inventory of wastes in storage and in treatment at any time during the life of the facility.
(C) 
A description of the steps needed to decontaminate facility equipment during closure.
(D) 
An estimate of the expected year of closure and a schedule for final closure. The schedule shall include at a minimum, the initial time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure.
(E) 
The plan shall indicate financial arrangements (irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of the site and long-term post-closure monitoring maintenance.
(5) 
Financial Responsibility. The owner/operator shall show proof of liability insurance as follows:
(A) 
The types, amounts, periods of coverage, and provisions from periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect’s and engineer’s professional errors and omissions insurance. All such insurance shall name the City as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval. Certificates of Insurance must be submitted to the City annually.
(B) 
Applicant shall provide surety in an amount and form to be determined by the City for the purpose of assuring adequate closure of the site. An irrevocable trust will be established to provide funds for closure of the site and its long-term post closure and monitoring and maintenance. Funds for this trust would be provided by the owner/operator of the facility quarterly based on quantity and types of hazardous wastes received and processed or percentage of gross income. The terms of the trust would be agreed upon by the project owner/operator and the City. The terms will be reviewed annually to determine the adequacy of the amount of trust funds with respect to the anticipated closure monitoring and maintenance costs.
(C) 
The owner/operator shall defend, indemnify and hold harmless the City, its officers, agents, servants, and employees from all claims, actions or liabilities arising out of the issuance of this permit, operations at the facility and transportation of wastes to and from the facility.
(6) 
Effect of the conditional use permit. A conditional use permit for a hazardous waste facility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed beyond those specified in the approved permit, unless a separate application is trade which shall satisfy the same procedures and contents as those required in the initial application.
(Ord. No. 869, § 2)
(a) 
Intent and purpose. The purpose of this section is to provide for the conduct of home businesses in such a manner as to be compatible with and not disrupt residential neighborhoods. In order to minimize potential interference with the intended residential use of the property, businesses conducted as home businesses will be reviewed on an individual basis to ensure compatibility with and avoid any impact on the residential quality of life and property values within the zone. Any use which has the significant potential to impact that quality of life or change the character of the area shall not be permitted, and any use which does not conduct its operation within these regulations shall be subject to revocation.
(b) 
Permit required. No person ‘shall conduct any home business use without first securing a home business permit.
A home business use is permitted as an accessory use to a residential use provided it is conducted in compliance with the regulations set forth in this section and that a permit has been obtained and remains in effect in accordance with this section, and that a business license required under Title 3 of the Municipal Code has been obtained.
(c) 
Specific regulations governing home business uses. No person shall conduct any home business use in violation of any of the following regulations:
(1) 
There shall be no signs or devices identifying or advertising the home business use.
(2) 
Sales activity of merchandise shall not be distributed at the residence.
(3) 
There shall be no storage of equipment, material, or display outside of any fully-enclosed structures, except that maintained on a vehicle permitted by this section.
(4) 
Nothing associated with the home business use shall alter the residential character of the subject property or nearby residential properties.
(5) 
There shall be no activity which involves business related meetings or gathering of any kind such as may generate increased pedestrian or vehicular traffic, parking congestion, noise or disturbances beyond that which is normal to residential uses.
(6) 
There shall be no use of any mechanical equipment, appliance, or motor outside of an enclosed building or which generates noise detectable from outside the building in which it is located.
(7) 
Only one home business permit will be issued per residential property. Several individual business licenses for separate activities may be issued, provided each licensed use complies with all other restrictions of this section.
(8) 
There shall be no employee workers other than resident family members conducting business at the residence, except for one employee providing service support to the business, including but not limited to, services such as accounting and clerical.
(9) 
There shall be no dispatching of persons or equipment originating from the subject property.
(10) 
Not more than one commercial vehicle identifying the business use conducted as a home business and used or maintained in connection with the home business for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property, except as provided by state law, may be parked overnight outside of an enclosed garage at the residence. No vehicle with a gross weight of six thousand pounds or greater or exceeding the following size dimensions: a wheelbase of 168 inches, height not to exceed nine feet, and an overall width of seven feet, including side view mirrors and an overall length with accessory trailer of 25 feet shall be parked overnight at the residence.
(11) 
Home business activities shall not involve the use of more than one room, or 400 square feet of a dwelling, whichever is more restrictive, and no garage space shall be used for the conduct of any home business. This provision requires that two car garage spaces be maintained and readily available.
(d) 
Application for and issuance of permits for home business uses. No person shall conduct a home business use without having first obtained a home business permit from the Department of Planning Services pursuant to Section 9-2.303 Administrative Approvals. Applications for such permit shall be filed by the applicant with the Department on such forms as may be provided by the City and shall be accompanied by such filing fee as may be set by resolution of the City Council. The application shall provide such information and documentation as the Planning Director shall determine to be appropriate.
The Planning Director shall issue the home business permit if it is determined that the home business use will be conducted in accordance with this section and will not adversely affect the residential character of the subject property or nearby residential properties: otherwise, the application shall be denied. The permit, if granted, shall specifically identify the occupant as permittee and describe the nature of the home business use thereby allowed. Home business permits shall not be transferable by the designated permittee to any other person. Permittees may be subject to periodic inspections to verify compliance with this section and the approved home business permit. Authorization shall be acknowledged by the business applicant upon submission of a Home Business application.
(e) 
Home business uses in private communities. A home business permit shall not be granted to any person living in any community administered by a homeowner association and legally constituted CC&R, enforced by an elected board of directors, unless the said board of directors has taken formal action on the application. Any such applicant shall disclose on his application form whether said action has been obtained from the board of directors. Written proof of said action shall be submitted with the application.
(f) 
Prohibited uses. The following uses are prohibited:
(1) 
The repair, manufacture, processing or alteration of goods, materials or objects, with the exception of dressmaking, tailoring, and the manufacturing of arts and crafts items intended for off-premises sale where no equipment or process is used which creates an adverse impact on the neighborhood.
(2) 
Any use involving food handling, processing or packing which creates an adverse impact on the neighborhood.
(3) 
Harboring, training or raising dogs, cats, bees, horses or other animals for commercial purposes.
(4) 
Automobile and/or body and fender or boat repairing.
(g) 
Revocation of home business permit. The Zoning Administrator may revoke a home business permit after notice and an opportunity to be heard by the permittee upon his or her determination that the home business is being conducted contrary to the regulations set forth in this section or in a manner which adversely affects the residential character of the subject property or nearby residential properties, or the health, welfare or safety of neighboring residents.
(h) 
Termination of home business uses as nonconforming uses. Nonconforming home business uses shall be removed pursuant to Section 9-3.533 Nonconforming Uses, Lots, and Structures.
(Ord. No. 869, § 2)
(a) 
Purpose and intent. The purpose and intent of this section is to establish development standards that encourage the construction and operation of upscale, high quality and appropriate hotels that will benefit the City by providing convenient and attractive downtown lodging for visitors to the historic downtown, Mission San Juan Capistrano, and the Los Rios Historic District, contributing to the energy and economic vitality of the City’s downtown, and strengthening the City’s economic base and fiscal circumstances in order to support the provision of public services to the City’s residents and businesses.
(b) 
Conditional use permit required. No person shall develop, establish, operate or conduct any hotel use without first securing approval of a conditional use permit.
(c) 
Development and operational standards. No person shall develop, establish, operate or conduct any hotel use in violation of any of the following regulations:
(1) 
Buildings shall not exceed a maximum of three stories and a habitable area height of 45 feet from finished grade; however, roof elements and architectural projections may be permitted to a maximum height of 55 feet from finished grade.
(2) 
Floor area ratio (FAR) shall not exceed maximum 0.65:1 for all buildings on the subject property.
(3) 
Floor area ratio (FAR) for first floor to second and third floors shall be determined by the Planning Commission as part of the Conditional Use Permit process.
(4) 
Parking and loading facilities shall comply with requirements set forth in Section 9-3.535 “Parking.”
(5) 
There shall be no permanent storage or display of equipment, material, or supplies outside of a fully enclosed structure.
(6) 
Noise levels shall comply with the regulations set forth in Section 9-3.531 “Noise Standards” and all other applicable Municipal Code provisions.
(7) 
Lighting shall comply with the regulations set forth in Section 9-3.529 “Lighting Standards.”
(8) 
Landscaping shall be provided in parking lot areas subject to Planning Commission approval.
(9) 
Setbacks shall be consistent with the base zone district standards for one- and two-story structures. The Planning Commission shall determine the required setbacks for three-story structures as part of the conditional use permit process.
(Ord. No. 973 § 1, 2010)
(a) 
Commercial kennels. Kennels operated as a commercial activity may be permitted or subject to a conditional use permit in designated district.
(b) 
Noncommercial kennels. Noncommercial kennels where no commercial activity is conducted (no sale of dogs) may be established in the Residential/Agriculture (RA) District as an accessory use and in the Hillside Residential (HR), Single-Family-40,000 (RSE-40,000) and Single-Family-20,000 (RSE-20,000) Districts subject to approval of a conditional use permit.
(c) 
Other provisions. The Planning Director may allow up to six adult dogs provided the following findings and conditions are met:
(1) 
All adult dogs had been registered (licensed) to the applicant by Orange County Animal Control for at least one year (prior 12 months) prior to the application for an exception, or residents that recently moved into the City had written proof that the number of dogs had been previously registered to the applicant by the applicable governing agency prior to residency in the City.
(2) 
Upon notification of nearby property owners of the exception request and a finding that the subject dogs have not created a nuisance, as defined in Chapter 2, Article 4 of this title, such as excessive barking or non-containment within a secured area of the property. Said notification to be provided a minimum of 10 days prior to issuance of exception.
(3) 
No substantial complaint histories have been previously reported by nearby property owners.
(4) 
The applicant for an exception executes an agreement that additional and/or replacement dogs will not be allowed upon the death or relocation of permitted dogs such that the total number of dogs will not exceed three.
(5) 
Appeals of the Planning Director decision shall be reviewed by an impartial hearing officer appointed by the City Manager. The decision of the hearing officer shall be final.
(Ord. No. 869 § 2; Ord. No. 937 § 2)
(a) 
Purpose and intent. The intent of these provisions is to balance the goals of the General Plan to maintain a small-village, rural atmosphere, with the need to provide for the safe movement of vehicles and people in all districts. To meet this intent, recommended lighting levels are to be defined at minimum levels to protect the public safety and at the same time enhance the appeal of buildings and landscaping to protect the desired atmosphere of the community. Standards contained in this section are based on the recommended standards of the Illuminating Engineering Society (IES).
(b) 
Commercial, industrial, and public institutional districts. All properties located within a commercial (TC, OC, NC, and GC) district, industrial (CM and IP) district, public institutional (P&I) district, Solid Waste Facility (SWF) district, Farm Market (FM) District, Recreation Commercial (RC) District, and nonresidential portions of special districts including Planned Community (PC) and Specific Plan/Precise Plan (SP/PP) districts shall be subject to the exterior lighting regulations set forth.
(1) 
Parking lot lighting. Parking lot lighting is vital for traffic safety; for protection against assault, theft and vandalism; for convenience and comfort to the user. Parking lot lighting design standards of Tables 3-22 and 3-23 have been established to provide for the safe movement of both vehicles and pedestrians.
(A) 
General parking and pedestrian areas. Unless determined by the Planning Director, as stated in paragraph (B) of this subsection, parking lot lighting within nonresidential districts shall meet the General Parking and Pedestrian Areas lighting standards contained in Table 3-22. Maximum allowable lighting level shall be determined by applying the uniformity ratio (maximum to minimum) contained in Table 3-22 to the minimum illuminance required by Table 3-22.
(B) 
Enhanced security areas. If the Planning Director determines that personal security or vandalism is a likely problem for a proposed project, he or she may require that the Enhanced Security Areas parking lot lighting standards contained in Table 3-22 be met. Maximum allowable lighting level shall be determined by applying the uniformity ratio (maximum to minimum) contained in Table 3-22 to the minimum illuminance required by Table 3-22.
Table 3-22
Maintained Horizontal Illuminance for Parking Lots
Open Parking Facilities
 
General Parking & Pedestrian Areas
Enhanced Security Areas
 
Minimum Horizontal Illuminance (lux)*
Uniformity Ratio (Maximum to Minimum)**
Minimum Vertical Illuminance***
Minimum Horizontal Illuminance (lux)*
Uniformity Ratio (Maximum to Minimum)**
Minimum Vertical Illuminance***
Maintained Illuminance Values
2 lux/0.2 fc
20:1
1 lux/0.1 fc
5 lux/0.5 fc
15:1
2.5 lux/0.25 fc
Covered Parking Facilities
 
Day
Night
Areas
Minimum Horizontal*
Max/Min Horizontal Uniformity Ratio**
Minimum Vertical***
Minimum Horizontal*
Max/Min Horizontal Uniformity Ratio**
Minimum Vertical***
Open Parking Facilities
General parking and pedestrian areas
10 lux/1.0 fc
10:1
5 lux/0.5 fc
10 lux/1.0 fc
10:1
5 lux/0.5 fc
Ramps and corners
20 lux/2.0 fc
10:1
10 lux/1.0 fc
20 lux/1.0 fc
10:1
5 lux/0.5 fc
Entrance areas
500 lux/50 fc
 
250 lux/25 fc
10 lux/1.0 fc
10:1
5 lux/0.5 fc
Stairways
20 lux/2.0 fc
 
10 lux/1.0 fc
20 lux/2.0 fc
 
10 lux/1.0 fc
fc = footcandle
*
Measured on the parking surface, without any shadowing effect from parked vehicles or trees/columns at the points of measurement.
**
The highest horizontal illuminance point divided by the lowest horizontal illuminance point or area should not be greater than the values shown.
***
Measured at 5 feet above parking surface at the point of lowest horizontal illuminance, excluding facing outward along boundary.
(C) 
Parking lot lighting design standards. The lighting design standards depicted in Table 3-23 shall apply to parking lots.
Table 3-23
Parking Lot Lighting Design Standards
Feature
Standard
Fixture Height
Pole mounted fixtures shall not exceed 20 feet in height as measured from finish grade to the bottom of the light fixture.
Concrete pedestals shall not exceed 24 inches and shall be included in the overall height.
Building mounted fixtures shall be located below the roof eave and not exceed the height of the pole mounted fixture (20 feet) whichever is lower.
Light Source
Metal halide, high pressure sodium, and similar sources shall be permitted. Halogen and mercury vapor sources shall be prohibited.
Fixture Type
Within the Town Center (TC) and Town Center Edge Districts, contemporary styled fixtures shall be prohibited. Freestanding light fixtures must comply with the City-established list of pre-approved fixture styles using a horizontal light that does not project below the cut-off lenses. For building mounted fixtures, the Planning Director shall insure that the proposed fixture type will be in scale with the building elevation on which it is to be installed. The Planning Director may refer this latter determination to the Planning Commission.
Spacing of Fixtures
The distance separating lights shall be determined by the type of light fixture and the requirement to satisfy the intensity provisions for “Fixture Height” above.
Shielding
Shielding shall be required so that light measured 5 feet outside the property boundary shall not exceed 0.1 footcandle. Exterior lighting fixtures that will be visible from adjacent residential areas shall be oriented such that the light source is not visible from said adjacent property.
(2) 
Pedestrian walkway lighting. The minimum standards in Table 3-24 shall be satisfied to insure the safe movement of pedestrians within a commercial, industrial or public project (excluding public facilities where the site is closed during nondaylight hours). In areas where special pedestrian security is desired, the property owner should consider the specific recommendation for such activity areas noted in Table 3-25 for lighting illuminance. Maximum allowable lighting level shall be determined by applying the uniformity ratio (average to minimum/maximum) contained in Table 3-25 to the average illuminance required by Table 3-25.
Table 3-24
Pedestrian Ways Design Standards
Feature
Standard
Illuminance
Minimum lighting shall meet the requirements as set forth in this table. Furthermore said light shall be directed in such a manner that any changes in elevation of the walkway (i.e. steps or curbs) shall be illuminated such that said features are clearly discernable (without shadow).
Fixture Type
Pedestrian walkway light fixtures can be a combination of freestanding pole, bollard, in-place step or building mounted fixtures. For building mounted fixtures, the Planning Director shall insure that the proposed fixture type will be in scale with the building elevation on which it is to be installed. The Planning Director may refer this latter determination to the Planning Commission.
Fixture Heights
Light fixtures shall not exceed the following height provisions:
Freestanding pole - Not greater than 14 feet as measured from finish grade to the bottom of the light fixture.
Building-mounted - Shall be located below the roof eave or 14 feet whichever is less.
Bollard - Said fixture type shall not exceed a height of 42 inches as measured from finish grade to the top of the fixture.
Table 3-25
Average Maintained Illuminance Levels for Pedestrian Ways
Walkway and Bikeway Classification
Minimum Average Horizontal Levels (Eavg)
Average Vertical Levels for Special Pedestrian Security (Eavg)
Sidewalks (adjacent to roadways) and on-street bikeways
Commercial areas
10 lux/0.9 fc
22 lux/2 fc
Intermediate areas
6 lux/0.6 fc
11 lux/1 fc
Residential areas
2 lux/0.2 fc
5 lux/0.5 fc
Walkways (not adjacent to roadways) and off-road bikeways
Walkways, bikeways, and stairways
5 lux/0.5 fc
5 lux/0.5 fc
Pedestrian tunnels
43 lux/4 fc
54 lux/5 fc
*
Crosswalks traversing roadways in the middle of long block and at street intersections should be provided with additional illumination.
Notes:
1.
The average vertical levels for special pedestrian security is for pedestrian identification at a distance. Values at 6 feet above the walkway.
2.
The average to minimum/maximum uniformity ratio in non-special pedestrian security areas shall not exceed 4:1.
3.
The average to minimum/maximum uniformity ratio in special pedestrian security areas shall not exceed 5:1.
(3) 
Architectural and landscape lighting. The use of architectural or landscape lighting to highlight the unique features of a building and/or surrounding landscape treatment may be considered during the development review process. In order to consider whether such lighting should be approved, the following procedures and criteria have been prepared to assist in the consideration of such applications:
(A) 
Architectural and landscape lighting. The consideration and approval of said type lighting shall be reviewed and approved by the Planning Commission. The Planning Commission in considering such architectural and landscape highlighting shall determine whether the lighting satisfies the criteria in subsections (i) and (ii) and the general guidelines noted in subsections (iii) and (iv).
(i) 
The lighting will illuminate an architectural feature or landscape feature that is unique to the particular project due to the use of materials, colors, or design characteristics that relate to similar historic features that are found within the City; and
(ii) 
The architectural lighting proposal will enhance the design of a project and is not solely used as an attraction getting device.
(iii) 
Location of fixtures. Highlighting fixtures may be located either on the building; on adjacent ground, and on ornamental standards. These fixtures are to be arranged such that they are not generally visible to the public.
(iv) 
Shielding for glare. Highlighting fixtures should be located and designed in such a manner that the actual lamp and reflector are shielded or louvered so that it is not seen from a normal public viewing area. Shielding or louvering is especially important in areas where there is considerable vehicle and pedestrian traffic that direct glare be avoided.
(B) 
Exposed string lighting regulations. Exposed string lighting is permitted subject to the following provisions:
(i) 
Exposed string lighting shall be defined as low wattage lights with individual bulb receptacle connected by electrical wires that are exposed to the outside surface of a plant or building feature, more specifically said lights shall be defined as a commercially available maximum 2.8 watt system, designed for exterior installation and use. Lights which are blinking or chasing are not permitted.
(ii) 
Temporary exposed seasonal string lighting shall be permitted during the period between the third Saturday of November and New Year’s Day. Said lighting fixtures are to be removed by January 8th of each year.
(iii) 
Permanently exposed string lights are permitted in the General Commercial (GC), Tourist Commercial (TC), Farm Market (FM), and the Neighborhood Commercial (NC) Districts subject to the approval by the Planning Director provided that all of the following criteria are satisfied:
(a) 
Exposed permanent string lights shall be exclusively a white light with a clear bulb and are limited to the lighting of living landscape features (trees) if used in combination with other highlighting or pedestrian lighting fixtures within the immediate area.
(b) 
Exposed string lights shall be limited to designated outside dining or display areas and main pedestrian entry to a project site.
(c) 
Said lighting fixtures shall require an electrical permit for installation and shall be secured to the landscape feature with bands that will not puncture the skin of the plant.
(d) 
Applications for such lighting shall. be limited to one per project and shall not involve an area greater than 5% of the building square footage of a center nor more than 15% for a freestanding commercial building not part of a commercial center or plaza.
(e) 
Approval of applications shall be made by the Planning Director upon satisfactory compliance with the limitations and design parameters above. Said approval shall be conditioned to include compliance with minimum property maintenance standards of Title 8 Property Maintenance Standards. Failure to properly maintain the lights shall be subject to removal of said fixtures.
(iv) 
Applications for exposed string lights that are not consistent with the provisions of subsection (iii) above shall be subject to the review and approval of the Planning Commission.
(4) 
Exterior display lighting. Display lighting for use defined and permitted in accordance with Section 9-3.549 Storage and Display shall meet the standards contained in Table 3-26.
(5) 
Security lighting. Security lighting shall be provided and shall include all pedestrian lighting, signs (if used as security illumination), not more than 0.1 of the parking lot lights (these lights shall be equipped with a photocell for dusk to dawn illumination), and required lights over all building entries. Exterior lighting including parking lots shall be reduced in intensity between 10:00 p.m., or one-half hour after close of business, whichever is later, and 6:00 a.m.
Table 3-26
Exterior Display Lighting Design Standards
Feature
Standard
Illuminance
The lighting of the display area will optimize the dispersion of light for a smooth transition throughout the display area. The amount of display area light projected onto the ground surface shall not exceed a 50-footcandle average (initial light intensity) with an average to minimum ratio of not less than 5 to 1 (5:1). This shall be the initial reading and not the maintained level of lighting.
Fixture Height
The height of exterior light fixtures shall be as follows:
• Building-mounted fixtures shall be located below the roof eave.
• Pole-mounted shall not exceed 14 feet as measured from finish grade to the top of the light fixture. Concrete pedestals used to protect the light pole shall not exceed 24 inches in height and shall be included in the overall height calculation.
• Roof mounted display lights are prohibited.
(c) 
Outdoor recreational lighting. Outdoor lighting associated with a permitted recreational use, shall be subject to the approval of a conditional use permit by the City. All outdoor recreational lighting shall be designed to comply with the standards contained in Table 3-27.
Table 3-27
Outdoor Recreation Lighting Design Standards
Feature
Standard
Illuminance
The average and/or maximum light illuminance, measured in footcandles, shall not exceed the recommended average or maximum guideline established for the proposed recreational use by the Illuminating Engineering Society. The City may, as part of the conditional use permit process, restrict lighting to a level less than the Illuminating Engineering Society recommended guideline.
Pole Height
The maximum height of outdoor lighting for courts (basketball, volleyball, handball, horseshoe, etc.) shall not exceed 25 feet as measured from finished grade. The maximum height of outdoor lighting for athletic fields (baseball, softball, football, soccer, etc.) shall be determined by the Planning Commission during consideration of the Conditional Use Permit.
Lighting Source
Lighting source shall be limited to metal halide.
Shielding
Lighting shall be directed to areas within the property line to minimize glare in surrounding areas. Spillover and glare shall be minimized by using fixture cutoffs and optically controlled luminaries on all lighting fixtures.
(1) 
Submission requirements. Application submission requirements shall be the same as those listed under subsection (e)(1), below.
(2) 
Tennis court light standards. Specific standards regarding tennis courts are found under Section 9-3.501 Accessory Uses and Structures.
(d) 
Residential districts. All properties zoned for residential use shall be subject to the exterior lighting standards in Table 3-28. Standards apply to security lighting and decorative lighting:
Table 3-28
Residential Lighting Design Standards
Feature
Standard
Illuminance
The amount of light projected onto any surface shall not exceed 5 footcandles.
Fixture Height
Building-mounted lights shall be installed below the eave line and no higher than 14 feet unless used to illuminate a second story entry eave, balcony, or outside stairway or door where in such case it shall be no higher than 8 feet above the floor elevation of the second story. Pole or wall-mounted fixtures shall be limited to 8 feet in height above finished grade.
Spacing of Fixtures
The distance separating lights shall be a minimum of 35 feet. An exception to this provision is for decorative lights located at the entrance to the main driveway to the residence where said lights are to be located on opposite sides of the edge of the driveway surface and low level pedestrian walkway lights (18 inches) not more than 5 footcandles in intensity (except low-wattage light sources that do not require an electrical permit).
Location of Fixtures
Lighting shall only be installed adjacent to buildings, walkways, driveways, or activity areas (swimming pools, spas, outdoor dining areas, equestrian barns, and other similar uses) and focal landscape areas located in close proximity to the residence or activity area.
Light Source
The use of high pressure sodium and metal halide are permitted light sources.
Shielding
Where the light source is visible from outside the property boundaries, such lighting shall not exceed 1 footcandle as measured at the property line common with an adjacent private property.
(e) 
Administrative procedures. The following administrative procedures shall be used in considering applications for exterior lighting permits:
(1) 
Plan submission requirements. Applications for exterior lighting shall be in a form approved by the Planning Director.
(2) 
All commercial, industrial, public institutional, and residential districts (subsection (b) and (d), above. All such permit actions are to be reviewed and determined to be in compliance with the applicable provisions of this section. Said permit approval is a ministerial action by the Planning Director pursuant to Section 9-2.303 Administrative Approvals.
(3) 
Outdoor recreational lighting (subsection (c), above). All such uses are subject to review and approval of a conditional use permit by the Planning Commission. Procedures for consideration of a conditional use permit shall be per Section 9-2.315 Conditional Use Permit.
(4) 
Exceptions. Exceptions to the above standards shall be considered by the Planning Commission after conducting a duly noticed and advertised public hearing. Exceptions shall only be granted by the Planning Commission if the following findings are made:
(A) 
The exception is consistent with the intent and purpose of these standards and it will not adversely impact immediately adjacent properties; and
(B) 
The exception is necessary to provide minimum lighting levels to provide for the safety of the public.
(Ord. No. 869, § 2; Ord. No. 1082, § 9, 2021)
(a) 
Noise level measurements. Any noise level measurement made pursuant to the provisions of this Code shall be performed using a sound level meter. For the purposes of this section, “sound level meter” shall mean an instrument meeting the American National Standard Institute’s Standard 51.4-1971 for Type 1 or Type 2 sound level meters or an instrument with associated recording and analyzing equipment which will provide equivalent data.
(b) 
Minimum exterior noise standards.
(1) 
The following noise standards in Table 3-29 and 3-30 shall be used as the base of measurement for determining noise violations affecting uses within the residential, public and institutional and commercial districts. The General Plan contains noise compatibility standards for use when planning and making development decisions.
Table 3-29
Exterior Noise Standards for Residential and Public and Institutional Districts
Noise Level
Time Period
65 dB(A)
7:00 a.m. to 7:00 p.m.
55 dB(A)
7:00 p.m. to 10:00 p.m.
45 dB(A)
10:00 p.m. to 7:00 a.m.
Table 3-30
Exterior Noise Standards for Commercial Districts
Noise Level
Time Period
65 dB(A)
At any time during the day
Each of the noise levels set forth in this subsection shall be reduced by five dB(A) for impacts of simple tone noises or noises consisting of speech or music.
(2) 
No person at any location within the City, including the industrial and open space districts, shall create any noise, or permit the creation of any noise, which causes the noise level within a residential, public and institutional or commercial district to exceed the standards included in Tables 3-29 and 3-30 by the amount and for the period of time identified in Table 3-31.
Table 3-31
Maximum Noise Levels Not to be Exceeded
Maximum Noise Level Not to be Exceeded During Period of Time
Period of Time
Exterior noise standard plus 20 dB(A)
Any period of time
Exterior noise standard plus 15 dB(A)
Cumulative period of more than 1 minute in any hour
Exterior noise standard plus 10 dB(A)
Cumulative period of more than 5 minutes
Exterior noise standard plus 5 dB(A)
Cumulative period of more than 15 minutes in any hour
Exterior noise standard
Cumulative period of more than 30 minutes in any hour
(3) 
The location selected for measuring exterior noise levels shall be at a point within the affected property.
(c) 
Interior noise standards.
(1) 
No person at any location, including the industrial and open space districts, within the City shall create any noise, or permit the creation of any noise, on property owned, leased, occupied, or otherwise controlled by such person, which noise causes the noise level, when measured within a dwelling unit on any residential property during the period from 10:00 p.m. to 7:00 a.m., to exceed:
(A) 
The noise standard plus 10 dB(A) for any period of time; or
(B) 
The noise standard plus five dB(A) for a cumulative period of more than one minute in any hour; or
(C) 
The noise standard for a cumulative period of more than five minutes in any hour.
(2) 
The method of noise level measurement for interior noise shall be made with the windows and doors closed with the measurements made at a point at least four feet from the wall, ceiling, or floor nearest the noise source in the affected residential unit.
(d) 
Special provisions. The following activities shall be exempted from the provisions of this section:
(1) 
School bands, school athletic, and school entertainment events;
(2) 
Carnivals, festivals, parades, arts and crafts exhibits, public dances, skating, and entertainment events provided such events are conducted pursuant to a permit issued by the Planning Director pursuant to the provisions of Section 9-3.553 Temporary Uses and Structures;
(3) 
Any mechanical device, apparatus, or equipment used, related to, or connected with emergency machinery, vehicles, or work;
(4) 
Noise sources associated with construction, repairs, remodeling, or the grading of any real property, except that such activities shall not be exempt from the provisions of this section if conducted from 6:00 p.m. to 7:00 a.m. on Monday through Friday, or from 4:30 p.m. to 8:30 a.m. on Saturday, or at any time on Sunday or a national holiday;
(5) 
Any mechanical device, apparatus, or equipment utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;
(6) 
Mobile noise sources associated with agricultural operations, except that such operations shall not be exempt from the provisions of this section if conducted from 8:00 p.m. to 7:00 a.m. on Monday through Saturday or at any time on Sunday or a Federal holiday;
(7) 
Mobile noise sources associated with agricultural pest control through pesticide applications provided such applications are made in accordance with restricted material permits issued by, or regulations enforced by, the County Agriculture Commissioner;
(8) 
Noise sources associated with the maintenance of real property used for residential purposes provided such activities take place from 7:00 a.m. to 8:00 p.m. on any day except Sunday or from 9:00 a.m. to 8:00 p.m. on Sunday, for example, mowing lawns and carpentry repairs; and
(9) 
Any activity for which regulation is preempted by State or Federal laws.
(e) 
Nuisances. Noise shall be considered a nuisance pursuant to Article 4 of Chapter 2 of this title.
(Ord. No. 869, § 2)
(a) 
Purpose and intent. Within the districts established by Section 9-3.101 Districts Established, where there exist lots, structures, or uses of land and structures which were lawful before November 17, 1975, but which are prohibited or restricted by Chapter 3 of this title, this section provides for the regulation of such nonconformities by specifying the circumstances and conditions under which they may continue to exist.
(b) 
Continuation of nonconformities. Except as otherwise permitted by the provisions of Chapters 1 through 5 of this title, nonconformities may be continuously maintained provided there is no alteration or addition to any structure, nor any enlargement of area, space, or volume occupied by such nonconformity.
(c) 
Time periods affecting nonconformities. Unless otherwise specifically set forth, all time periods affecting nonconformities shall begin on November 15, 2002, or on the effective date of an amendment to the provisions of Chapters 1 through 5 of this title or change in the Official Zoning Map if such amendment or change causes a nonconformity.
(d) 
Repairs and maintenance.
(1) 
Ordinary repairs and maintenance work. Ordinary repairs and maintenance work may be made to a nonconformity, subject to the following provisions:
(A) 
Maintenance work shall not include structural alterations, except those required by law or those required to make the structure and use conform to the standards and use regulations of the district in which such structure and use are located.
(B) 
Ordinary repairs and the repair or replacement of nonbearing walls, fixtures, wiring, and plumbing may be made to an extent not exceeding the latest assessed valuation of the structure. In no case, however, shall the cubic content of the structure as it existed when it became subject to nonconformity be increased.
(2) 
Repairs to damages. In the event such damage or destruction exceeds twice the assessed valuation of such structure, that structure shall not be reconstructed except in conformity with all use and area regulations for new structures in the district in which such structure is located.
(3) 
Strengthening and restoring. Nothing set forth in this section shall be deemed to prevent the strengthening or restoration to a safe condition of any structure or its support structure, or part thereof, declared to be unsafe by any officer of the City charged with protecting the public safety upon the order of such officer.
(e) 
Enlargement. A nonconformity shall not be enlarged in volume or extended or relocated beyond the area it occupies, unless its enlargement, extension, or relocation is:
(1) 
Made to conform to the regulations of the district in which it is located; and
(2) 
Conforms to the following provisions:
(A) 
Any exception permitting the enlargement, extension, or relocation shall not be construed to extend the termination date, if any, of the subject nonconformity.
(B) 
Where parking and loading requirements are the cause for nonconformity, the use shall not be intensified, nor associated structure enlarged or altered to create additional dwelling units, guest rooms, seating capacity, or floor area, unless additional parking and loading requirements are supplied and maintained to meet the parking requirements, subject to the provisions of Section 9-3.535 Parking.
(f) 
Change of nonconforming uses to other uses. A nonconforming use shall not be changed to another use, except to a use permitted in the district where it is located.
(g) 
Nonconforming lots and the construction of single-family dwellings. In any district in which single-family dwellings are permitted, a single family dwelling and the customary accessory structures may be erected on any lot which is only nonconforming with respect to the lot area and lot width standards. However, such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership.
(h) 
Nonconforming lots in single ownership. If two or more unimproved lots with continuous frontage in single ownership are of record on September 17, 1975, and if all or part of such lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of Chapters 3 and 4 of this title. No portion of such a parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements set forth in Chapters 3 and 4 of this title.
(i) 
Nonconforming uses in the Specific Plan/Precise Plan (SP/PP) District. Minor modifications to nonconforming uses in areas designated Specific Plan/Precise Plan (SP/PP) and subject to a Specific or Precise Plan may be approved subject to the requirements of Section 9-3.317 Specific Plan/Precise Plan (SP/PP) District.
(j) 
Nonconforming amateur radio antennas. All amateur radio antennas lawfully constructed and erected prior to the effective date of the ordinance codified in Section 9-3.507 Antennas are considered legal nonconforming and are not subject to the development standards included in Section 9-3.507 Antennas provided that a record of its size, location, height and any other information deemed necessary by the Planning Director is on file with the Department of Planning Services. In order to secure any right under Section 9-3.507 Antennas, the amateur radio antenna owner shall submit this record to the Department of Planning Services on a form or application supplied by the Department of Planning Services. The amateur radio antenna owner is responsible for providing the necessary information to the City for inclusion in the record of nonconforming antennas.
(k) 
Nonconforming home business uses.
(1) 
Removal within 60 days. Any existing home business use in existence prior to November 15, 2002 which is nonconforming to the regulations of Section 9-3.523 Home Business are hereby deemed to be a public nuisance and shall be removed by the occupant within an amortization period of 60 days from enactment of the ordinance codified in this section.
(2) 
Extensions. The Planning Director may grant an exception to the above-stated maximum period of time for removing the home business use by granting an additional permit of time for removal however, the extension of time shall not be greater than the time necessary to amortize documented expenditures directly associated with the home business use under applicable criteria of the Internal Revenue Code. The permittee shall have the burden of presenting creditable information to support the request.
(l) 
Structures and plans previously approved.
(1) 
Any structure which was approved prior to November 15, 2002, but which does not conform to any or all of the provisions of Chapters 1 through 5 of this title, may be completed and used in accordance with the provisions of Chapters 1 through 5 of this title, or any amendment thereto, provided:
(A) 
The construction or proposed use of such structure is not in violation of any other law on November 15, 2002;
(B) 
Such structure is completed in accordance with the plans and specifications previously approved as to City requirements; and
(C) 
The building permits for the structure were obtained on or before November 15, 2002, and, once issued, the building permit did not become void.
(2) 
Approved tentative maps shall remain effective until November 15, 2002, or until such time as the map shall normally expire. If a tentative map approved prior to November 15, 2002, is considered for an extension, such extension may be granted upon a finding by the Planning Commission that the tentative map is in substantial compliance with the provisions of Chapters 3 and 4 of this title.
(m) 
Removal of nonconforming uses or structures. The City may adopt abatement programs for nonconforming uses and structures that are found to cause a public nuisance. The abatement program shall identify an amortization period and process for the removal of nonconforming use or structure.
(n) 
Violations. Any of the following violations shall immediately terminate the right to operate a nonconformity:
(1) 
Changing a nonconforming use to another use not permitted in the district or allowed pursuant to the provisions of subsection (f) of this section;
(2) 
Increasing or enlarging the area, space, or volume occupied by or devoted to such nonconforming use; or
(3) 
Increasing the number of personnel employed or volume of business performed so that such increase constitutes an intensification of the nonconforming use.
(o) 
Notwithstanding anything to the contrary set forth in this section, the Development Services Director may, in his or her sole and absolute discretion, approve minor modifications to nonconforming uses and structures in the TC and TCE Districts.
(Ord. No. 1082, § 10, 2021)
(a) 
Purpose and intent. The provisions of this section are established to provide for the off-street parking of motor vehicles which are attracted by uses on the premises. The parking facilities required by this section for motor vehicle parking and maneuvering are assumed to be the minimum need for such facilities created by each particular land use. It is intended that the provisions of this section will:
(1) 
Result in properly designed parking areas of adequate capacity which will reduce traffic congestion, promote increased business, and enhance public safety;
(2) 
Where appropriate, insulate surrounding uses from the adverse impacts of parking facilities; and
(3) 
Prescribe the minimum off-street parking and loading requirements for the various structures and uses irrespective of the districts in which they occur.
(b) 
General requirements.
(1) 
Certificates of use and occupancy. A certificate of use and occupancy for any structure or premises shall be issued only after all the required parking and loading facilities have been completed in conformance with the provisions of this section.
(2) 
Changes in uses. When the use of any structure or premises is changed to a different use having a higher parking requirement, additional parking shall be provided to meet the new requirements prior to the issuance of a new certificate of use and occupancy. When the use of any premises is enlarged or expanded, additional parking to meet the requirements of this section shall be provided for the enlarged or expanded portion only.
(3) 
Existing required facilities. Off-street parking and loading facilities in existence on September 17, 1975, or authorized by an approved development plan, shall not be reduced below the requirements for an equivalent new structure or use. All such facilities shall be continued for as long as the structure or use served is continued or until equivalent facilities are substituted in conformance with the provisions of this section.
(4) 
Facilities not required. Any off-street parking or loading facility which is permitted but not required by this section shall comply with all the provisions of this section governing the location, design, improvement, and operation of such facilities.
(5) 
Location of facilities. All permitted or required accessory parking and loading facilities shall be provided on the same site as the structure or use served, except where specifically permitted to be located off the site by the provisions of subsection (c) of this section.
(6) 
Use of facilities for storage. The storage of merchandise, motor vehicles for sale, recreational vehicles, trucks, or wrecked or junked vehicles or the repair of vehicles in areas designed for off-street parking shall be prohibited.
(7) 
Requirements for unspecified uses. Parking requirements for structures and uses not set forth in subsection (g) of this section shall be determined by the Planning Director, and such determinations shall be based on the requirements for the most comparable structure or use specified.
(c) 
Parking facilities—Joint use/shared parking.
(1) 
Authorized. Parking facilities may be provided jointly subject to the satisfaction of the requirements of this section and approval by the Planning Commission pursuant to Section 9-2.317 Conditional Use Permit.
(2) 
Joint usage where there is an overall deficiency in the number of spaces provided. Parking facilities for adjoining uses whose peak hours of operation are substantially different may be provided jointly. Such joint usage shall be subject to:
(A) 
The granting of a conditional use permit by the City in each case; and
(B) 
The satisfaction of the following conditions:
(i) 
Absence of conflicts. Sufficient evidence shall be submitted demonstrating that no substantial conflict in the principal hours or periods of peak demands of the structures or uses for which the joint use is proposed will exist.
(ii) 
Amount of credit. The number of parking spaces which may be credited against the requirements for each structure or use involved shall not exceed the number of spaces reasonably anticipated to be available during the differing hours of operation.
(iii) 
Location. The parking facilities designated for joint use shall be contiguous to all the structures and uses served.
(iv) 
Recorded agreements. The City may require a written agreement, approved by the City Attorney as to form and content, to be executed by all parties concerned and filed in the office of the County Recorder. Such agreement shall be a covenant running with the land or other enforceable restriction and shall assure the continued availability of the number of spaces designated for joint use at the periods of time indicated.
(3) 
Joint usage where there is no overall deficiency in the number of spaces provided. If two or more adjoining uses are under common ownership, or if the ownership is not common and the respective owners thereof have acquired recordable easements appurtenant for off-street parking, such buildings or uses collectively may provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.
(4) 
Mixed land use developments (shared parking). Shared parking may be considered in determining the specific number of parking spaces that can be used to serve two or more individual land uses without conflict or encroachment. Any program that would use a shared parking concept may be granted by the Planning Commission if it determines in any individual use that the following findings can be satisfied:
(A) 
Variations in the peak accumulations of parking vehicles as the result of different activity patterns of mixed land use will not result in a deficiency of parking spaces (by hour, by day, by season).
(B) 
Relationship among land use activities that results in people’s attraction to two or more land uses on a single trip to the development.
In preparing information for consideration by the Planning Commission, a methodology acceptable to the Planning Director and Director of Public Works is to be used.
(d) 
Parking facilities—Design and improvement standards.
(1) 
General design requirements.
(A) 
All spaces shall be provided adequate access by means of maneuvering lanes. Spaces designed so that it is necessary to back directly into a public street to enter or to leave them shall be prohibited, except for residential garages and carports serving single-family dwellings and duplexes.
(B) 
Adequate entries and exits to and from parking facilities by means of clearly defined drives shall be provided for all vehicles. Circulation within a parking facility shall be such that:
(i) 
A vehicle using the parking facility need not enter the street to reach another aisle within the same facility.
(ii) 
All parking spaces, garages, and carports shall be accessible and usable for the full number of parking spaces required whenever the use or structure which they were built to serve is in operation.
(C) 
Continuous curbs and/or headers shall be used instead of individual wheel stops, unless otherwise approved by the Planning Director.
(D) 
The illumination of a parking or loading facility shall conform to the requirements standards contained in Section 9-3.529 Lighting.
(E) 
The entire parking area, including the parking spaces and maneuvering lanes required by this section, shall be paved with asphaltic, concrete surfacing, or other acceptable material in accordance with specifications approved by the City Engineer and Orange County Fire Authority.
(2) 
Specific design requirements.
(A) 
Markings. In all parking facilities, individual stalls shall be marked with hairpin lines four inches to six inches wide forming an elongated “U” between 12 inches and 24 inches wide around the centerline of each stall, except that parking facilities serving not more than two dwelling units on a single lot need not be marked. The space widths set forth in this subsection shall be the overall width of the stall, including the areas required for marking.
In all parking facilities containing 21 or more spaces, the aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to expedite traffic movement. Once a parking facility has been marked in accordance with the approved site plan, the markings shall be permanently maintained.
(i) 
Marking maintenance. Will be properly marked and maintained.
(ii) 
Changes. If any changes to existing markings are approved by the City, existing markings shall first be ground out or sand blasted prior to remarking the parking area. Painting over existing markings without first grinding out or sand blasting is not permitted. Remarking of the parking area according to the approved, revised site plan will be done in accordance with this section.
(B) 
Layout. Plans for the layout of off-street parking facilities shall be in accordance with the minimum requirements set forth in Table 3-32 and Figure 3-4. For landscape islands at the end of aisles, the length of the island shall be rounded with a maximum dimension of 15 feet from the front of the parking stall to the end of the landscape island (as shown in Figure 3-4).
(C) 
Residential garages. For residential uses, single-car garages shall be a minimum of 10 feet wide by 20 feet deep, and two car garages shall be a minimum of 19 feet wide by 20 feet deep, provided no washer/dryer or water heaters are located within said designated area.
Table 3-32
Minimum Parking Facility Standards
Parking Angle (Degrees)
Aisle Width* (One-Way Flow)
Space Width All Uses
Space Depth** All Uses
Parallel Parking (0°)***
13 feet
9 feet
24 feet
1-34
13 feet
9 feet
19 feet
35-44
15 feet
9 feet
19 feet
45-54
16 feet
9 feet
19 feet
55-64
19 feet
9 feet
19 feet
65-74
22 feet
9 feet
19 feet
75-90
25 feet
9 feet
19 feet
*
For two-way flow, the aisle widths, approach lanes, and maneuvering areas shall be a minimum of 25 feet wide for all parking angles.
**
For parking angles greater than 59 degrees, up to 2 feet of the space depth may be provided in overhang beyond the front curb.
***
If parallel parking spaces are paired, with at least 8 feet of red curbing between the pairs, the space depth may be a minimum of 20 feet.
-Image-11.tif
Figure 3-4 Parking Facility Design Requirements
(e) 
Parking facilities—Landscaping. Refer to Section 9-3.529(h)(1) and (2) Landscape.
(f) 
Off-street parking requirements—General.
(1) 
Units of measurements.
(A) 
Fractional remainders. When the unit of measurement determining the number of required parking spaces results in the requirement of a fractional space, any fraction up to, but not including, one-half shall be disregarded, and fractions equal to, or greater than, one-half shall require one parking space.
(B) 
Number of employees. When the unit of measurement determining the number of required parking spaces is based on the number of employees, the maximum shift or employment period during which the greatest number of employees is present at the structure or use shall be used in the computation.
(C) 
Net floor area. When the unit of measurement determining the number of required parking spaces is based upon the net floor area, such area shall be calculated by measuring the total floor area from within the exterior surface of the walls of the structure but shall exclude:
(i) 
Mechanical equipment spaces and shafts; and
(ii) 
Elevators, common restrooms, stairways, escalators, and enclosed or covered parking facilities, loading berths, docks, and ramps.
(D) 
Fixed seats. When the unit of measurement determining the number of required parking spaces is based upon the number of fixed seats in a structure or use, each 24 inches of pew, bench, or other seating space shall count as one seat.
(2) 
Spaces required for commercial vehicles and for loading.
(A) 
Spaces for commercial vehicles. In addition to the parking spaces required by subsection (g) of this section for owners, occupants, employees, customers, and visitors of structures and uses, one parking space shall be provided for each commercial vehicle used in conjunction with the operation of any structure or use. The parking spaces for such accessory vehicles shall be provided within a designated parking space on the same lot as, or adjacent to, the structure or use to which the vehicles are necessary.
(B) 
Off-street loading. Off-street loading space shall be required on the same building site with every building; storage warehouse, auto dealership, wholesale distributor, goods display center, department store, market, hotel, hospital, funeral home, laundry, dry cleaning, and other similar uses involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity. Such space shall be sufficient to permit the standing, loading, and unloading of vehicles to avoid undue interference with the public use of streets and alleys and shall not be a part of the building site area used for the off-street parking required for each particular use.
(3) 
Spaces for handicapped persons. Parking spaces for handicapped persons shall be provided in accordance with accepted State standards, and shall be considered as part of the parking space requirements for the given facility.
(4) 
In-lieu fee program. To provide for adequate off-street parking facilities and allow for creative solutions to parking issues, the City may adopt an in-lieu fee program to assist in the funding of off-street parking.
(g) 
Off-street parking requirements—Schedule.
(1) 
Use. Off-street parking requirements for a project shall be based on the land use and or zoning district.
(2) 
Parking Management Plan—Criteria. The numerical parking requirements set forth in this subsection may be reduced through the granting of an exception by the Planning Commission when a parking management plan is developed for a project. Such parking requirements shall be reduced only if the parking management plan incorporates provisions encouraging the use of public transportation facilities or otherwise aimed at reducing the growth of total vehicle miles traveled.
(3) 
Residential uses. The parking requirements for residential uses shall be in addition to the spaces required for any recreation or community center provided within a residential development. The space requirements for recreation and community centers shall be determined pursuant to subsection (5) of this subsection. The Planning Commission, in conjunction with the development review procedure pursuant to Article 3 Development Review Procedures of Chapter 2 of this title, may credit some or all of the recreation or community center spaces provided toward the satisfaction of the visitor parking requirements for the development if such spaces are in close proximity to residences within the development.
For residential developments within the Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP), and Planned
Community (PC) Districts, there shall also be provided one recreational vehicle space for every seven dwelling units, as well as for developments in the Hillside Residential (HR), Single-Family (RS-10,000, RS-7,000 and RS-4,000) and Residential Garden (RG-7,000 and RG-4,000) Districts wherein any individual lot sizes are less than 10,000 square feet for the exclusive use of project residents.
The numerical parking requirements for residential uses are identified in Table 3-33.
Table 3-33
Residential Parking Requirements
Land Use Type
Required Off-Street Parking
Notes and Comments
Apartment - Studio
2.0 off-street parking spaces per dwelling unit, at least 1 space per dwelling unit shall be in a garage; and 0.5 spaces per dwelling unit visitor parking
 
Apartment - One bedroom units
2.0 off-street parking spaces per dwelling unit, at least 1 space per dwelling unit shall be in a garage; and 0.5 spaces per dwelling unit visitor parking.
 
Apartment - Two bedroom units
2.5 off-street parking spaces per dwelling unit, at least 1 space per dwelling unit shall be in a garage; and 0.5 spaces per dwelling unit visitor parking.
 
Apartment - Three or more bedroom units
3.0 off-street parking spaces per dwelling unit, at least 1 space per dwelling unit shall be in a garage; and 0.5 spaces per dwelling unit visitor parking.
 
Senior apartments (age restricted)
1.0 space per unit.
 
Bed & breakfast (B&B)
2.0 spaces for the resident manager; and 1 space for each guest room.
See Code Section 9-3.509.
Boarding and lodging houses, student housing, dormitories, and fraternity and sorority housing
1.0 off-street parking spaces per guest rooms and 1.0 per each dwelling unit.
In dormitories, each 100 square feet of gross floor area shall be considered equivalent to 1 guest room.
Mobilehome parks
2.0 off-street parking spaces per dwelling site, at least 1 space per dwelling to be covered, 1 space may be tandem;
0.4 spaces per dwelling site for visitor parking, plus the spaces required for recreation centers, if any.
Visitor parking shall be evenly distributed throughout the park.
Multiple-family residences
2.0 off-street parking spaces per dwelling unit, at least 1 of which shall be either in a garage or covered (tandem parking prohibited); and
0.8 spaces per dwelling unit visitor parking.
The visitor parking ratio shall be maintained within each subarea of a development so that all residences are within reasonable walking distance from the nearest visitor parking space. The design and location of visitor parking areas shall be subject to approval by the Planning Commission in conjunction with the development review procedure.
Single-family residences (Single-family detached dwellings, two-family dwellings (duplexes), and zero lot line dwellings utilizing a common wall)
2.0 off-street parking spaces per dwelling unit in a garage; and
0.8 spaces per dwelling unit visitor parking.
 
(4) 
Business and commercial uses. The numerical parking requirements for business and commercial uses are identified in Table 3-34. For the purposes of this section, “shopping center” shall mean a group of two or more commercial establishments planned and developed, owned, and managed as a unit, with off-street parking and loading provided on the property.
Table 3-34
Business and Commercial Uses Parking Requirements
Land Use Type
Required Off-Street Parking
Notes and Comments
Building materials and equipment sales and storage yards
1.0 off-street parking space per each 800 square feet of gross floor area; and 1.0 per each 10,000 square feet of outdoor sales, storage, or service area; and 1.0 per each registered motor vehicle operated in conjunction with the use or building.
 
Car washes, except self-operated
1.0 off-street parking space per employee, plus reservoir (lineup) parking equal to 5 times the capacity of the car wash
In determining capacity, each 20 linear feet of wash line shall equal 1 car length.
Car washes, self-operated
5.0 off-street parking spaces per each 2 wash stalls
A wash stall shall not be counted as a parking space.
Coin-operated laundries
1.0 off-street parking space per each 3 washing machines
 
Commercial repair establishments, such as motor vehicle repair garages, marine service establishments, appliance service, and similar type uses
1.0 off-street parking space per each 500 square feet of gross floor area
Square footage calculation shall not include areas used exclusively for storage or loading.
Fast food and takeout restaurants not having drive-thru facilities
1.0 off-street parking space per each 50 square feet of gross floor area, but not less than 8.0 per each such use
 
Food stores, grocery stores, supermarkets, and similar uses in shopping centers or individually developed
1.0 off-street parking space per each 200 square feet of gross floor area
Does not include convenience markets.
Fruit/agriculture stand
1.0 off-street parking space per each 500 square feet of gross floor area
 
Furniture and appliance establishments
1.0 off-street parking space per each 500 square feet of gross floor area, except areas used exclusively for storage or loading, but not less than 5.0 off-street parking spaces per each such use
 
General retail in individually-developed establishments or within shopping centers
1.0 off-street parking space per each 250 square feet of leasable floor area
Includes convenience markets.
General wholesale establishments
1.0 off-street parking space per each 1,500 square feet of gross floor area, but not less than 6.0 per each such use
 
Hotels/motels
1.0 off-street parking space per each guest unit. The planning commission may require additional parking spaces for accessory uses to include, and not be limited to, restaurants and banquet/ conference/ meeting facilities.
Parking standards may be reduced with a parking study and/or shared parking agreement.
New and used vehicle sales, leasing or rental services, including bicycle shops
1.0 off-street parking space per each 500 square feet of gross floor area, except areas used exclusively for storage or loading
 
Restaurants, bars, brewpubs, microbreweries, distilleries, wineries, and wine tasting rooms
1.0 off-street parking space per each 40 square feet of dining or drinking area, but not less than 8.0 off-street parking spaces per each such use
Dining or drinking area shall include all the floor area, except restrooms, kitchens, sculleries, storage, and equipment areas.
Retail plant nurseries, garden shops, and similar uses with outdoor sales and display areas
1.0 off-street parking space per each 500 square feet of display and sales area, but not less than 5.0 per each such use
Calculation of square footage includes both indoor and outdoor, excluding areas used exclusively for the storage or propagation of plants.
Service stations
1.0 off-street parking space per each 2,500 square feet of gross site area, but not less than 8.0 per each such use
 
(5) 
Office, service, health, and professional uses. The numerical parking requirements for office, service, health, and professional uses are identified in Table 3-35.
Table 3-35
Office, Service, Health, and Professional Uses Parking Requirements
Land Use Type
Required Off-Street Parking
Notes and Comments
Banks, savings and loan institutions, ticket agencies, and other similar establishments utilizing window services for patrons within individually developed establishments or office complexes
1.0 off-street parking space per each 200 square feet of gross floor area
 
Barber shops
2.0 off-street parking spaces per barber chair, but not less than 1.0 per each such use
 
Beauty salons
3.0 per beautician station, but not less than 6.0 per each such use
 
Convalescent and nursing homes, assisted care facilities, senior living facilities, children’s homes, and sanitariums
1.0 off-street parking space per each 3 beds
 
Hospitals
1.5 off-street parking spaces per each patient bed
 
General office
3.5 off-street parking spaces per 1,000 square feet of gross floor area or 1.0 space per employee, whichever is greater
 
Medical and dental offices, centers, and clinics, but excluding hospitals
1.0 off-street parking space per each 200 square feet of gross floor area; and 1.0 per each separate medical or dental office or laboratory
Calculating the gross floor area includes pharmacies and other retail uses, but excludes corridor and lobby areas.
Office park that includes general office, restaurants, banks, savings and loans and support services
1.0 off-street parking space per 200 square feet of gross floor area
 
Research centers devoted nearly exclusively to research and development activities; may also contain offices and some light fabrication areas
1.0 off-street parking space per 300 square feet of gross floor area
 
Veterinary offices and clinics and veterinary hospitals
1.0 off-street parking space per each 250 square feet of gross floor area; and 1.0 per each separate medical or dental office or laboratory
 
(6) 
Recreational uses and places of assembly. The numerical parking requirements for recreational uses and places of assembly are identified in Table 3-36.
Table 3-36
Recreational Uses and Places of Assembly Parking Requirements
Land Use Type
Required Off-Street Parking
Notes and Comments
Bowling lanes, pool halls and billiard halls
5.0 off-street parking spaces per bowling lane and 2.0 per pool or billiard table, plus the spaces required for additional uses on the site
 
Churches, chapels, and mortuaries
1.0 off-street parking space per each 3 fixed seats; and 1.0 off-street parking space per every 30 square feet of seating area where there are no fixed seats
 
Driving ranges
1.5 off-street parking spaces per tee, plus the spaces required for additional uses on the site
 
Golf courses and country clubs that include clubhouses with bars and banquet facilities
1.3 off-street parking spaces per gross acre
 
Health studios, spas, and athletic clubs
1.0 off-street parking space per each 150 square feet of gross floor area
For the purposes of this use, swimming pools shall be counted as a part of the gross floor area.
Lodges, clubs, dancing, and similar uses
1.0 off-street parking space per each 3 people allowed under the maximum occupancy.
 
Pitch and putt and miniature golf courses
2.0 off-street parking spaces per hole, plus the spaces required for additional uses on the site
 
Recreation centers, community centers, and noncommercial swimming pools
1.0 off-street parking space per each 4 persons, based upon the maximum capacity of all facilities capable of simultaneous use as determined by the Planning Director; and 1.0 off-street parking space per employee
 
Skating rinks, ice and roller, including arena hockey
1.0 off-street parking space per each 100 square feet of gross floor area, plus the spaces required for additional uses on the site
 
Stables (commercial)
1.0 off-street parking space per each 5 horses based on the maximum number of horses capable of being boarded as determined by Section 9-3.515 Equestrian Standards
 
Swimming pools (commercial)
1.0 off-street parking space per each 200 square feet of water area, plus the spaces required for additional uses on the site
 
Tennis, squash, and handball courts
4.0 off-street parking spaces per court or 1,000 square feet of gross floor area, whichever is greater
 
Theaters, auditoriums, gymnasiums, arenas, and stadiums
1.0 off-street parking space per each 3 fixed seats; and 1.0 per every 30 square feet of seating area where there are no fixed seats
Includes convention halls and assembly halls.
(7) 
Educational and cultural uses. The numerical parking requirements for educational and cultural uses are identified in Table 3-37.
Table 3-37
Educational and Cultural Uses Parking Requirements
Land Use Type
Required Off-Street Parking
Notes and Comments
Business, professional, and trade schools
1.0 off-street parking space per faculty, staff member, or employee; and 1.0 off-street parking space per each 3 students; and the additional requirements for auditoriums and stadiums
 
Child care centers, day nurseries, and preschool and nursery schools
1.0 off-street parking space per employee or staff member; and 1.0 off-street parking space per every 8 children allowed under the maximum occupancy
 
Colleges and universities, including auditoriums and stadiums on the site
1.0 off-street parking space per faculty, staff member, or employee; and 1.0 off-street parking space per each 3 students and the additional requirements for auditoriums and stadiums
 
Private elementary and junior high schools, including auditoriums and stadiums on the site
1.0 off-street parking space per teacher, staff member, or employee; and 1.0 space per 15 students for student loading/unloading and visitor parking; and the additional requirements for auditoriums and stadiums
 
Libraries, museums, and public art galleries
1.0 off-street parking space per each 250 square feet of gross floor area
 
School administration buildings
3.5 off-street parking spaces per each 1,000 square feet of gross floor area
 
Private senior high schools, including auditoriums and stadiums on the site
1.0 off-street parking space per teacher, staff member, or employee; and 1.0 off-street parking space per each 5 students regularly enrolled; and the additional requirements for auditoriums and stadiums
 
(8) 
Manufacturing and related uses. The numerical parking requirements for manufacturing and related uses are identified in Table 3-38. In addition to the requirements set forth in Table 3-38, each manufacturing or related use shall provide one parking space per each registered motor vehicle operated in conjunction with the use or building.
Table 3-38
Manufacturing and Related Uses Parking Requirements
Land Use Type
Required Off-Street Parking
Notes and Comments
Industrial parks containing a number of industrial, manufacturing, warehouse facilities or related facilities
3.0 off-street parking spaces per 1,000 square feet of gross floor area
 
Laboratories and research establishments
1.0 off-street parking space per each 300 square feet of gross floor area, but not less than 3.0 per each 4 employees
 
Single tenant manufacturing and industrial establishments, including offices and other incidental operations on the same site
1.0 off-street parking space per each 500 square feet of gross floor area, but not less than 3.0 per each 4 employees
 
Mini-storage facilities which provide rent or leasable storage areas of maximum 600 square feet per storage unit
1.0 off-street parking space per each 4,000 square feet of gross leasable area
 
Public utility facilities, including electric, gas, water, telephone, and telegraph
1.0 off-street parking space per each employee, but not less than 2.0 per each such facility
 
facilities not having business offices on the premises
 
 
Vehicle storage, including recreational vehicles and boats
1.0 off-street parking space per each 10,000 square feet of gross land or floor area, but not less than 2.0 parking spaces
 
Warehouses and storage buildings
1.0 off-street parking space per each 1,000 square feet of gross floor area, but not less than 1.0 per each employee
 
(h) 
Establishment of Shared Parking/Park Once Standards and Land Use Parking Ratios in the Town Center (TC) District, Town Center Edge (TCE) District, and portions of the General Commercial (GC) District and Los Rios Specific Plan for Nonresidential Properties, Five Minute Walking Distance Radius (i.e., approximately 1,500 linear feet of the intersection of Camino Capistrano and Forster Street) from City-Owned Public Parking Lots as Set Forth in Exhibit “A” to Ordinance No. 980 (hereinafter called the “Exhibit A Park Once Area”).
(1) 
Standards. The establishment, operation, use, expansion or occupancy of any nonresidential business or land use in the Exhibit A Park Once Area, shall comply with the following parking development standards:
(A) 
City-owned public parking lots. Parking requirements for nonresidential uses may utilize shared parking/park once in their parking calculations if the property for the business or use and the public parking lot is located within the limits of the City parking regulating plan identified in Ordinance No. 980 as set forth by Exhibit “A.” Shared parking/park once may be approved for businesses by the Development Services Director or designee. Properties or businesses shall utilize all parking available on their sites in the parking calculations prior to park once.
(B) 
Shared/reciprocal parking. Parking requirements for nonresidential businesses and uses may be satisfied by entering into a shared parking agreement if such business or use and the public off-street parking facilities are located within the limits of the City parking regulating plan identified in Ordinance No. 980 as set forth by Exhibit “A.” Such agreements may be approved by the Development Services Director or designee. Such agreements will be based on Municipal Code parking standards and monitored by the Development Services Department.
(C) 
Restaurants, nightclubs, bars, brewpubs, microbreweries, distilleries, wineries and wine tasting rooms shall provide a minimum of one parking stall per 100 square feet of dining or drinking area (kitchens, prep areas and storage are excluded from this area).
(i) 
Outdoor dining or drinking areas parking requirements are included as part of the indoor parking calculations. No additional parking spaces for outdoor dining or drinking areas are required as they are considered accessory to the principal use.
(ii) 
Outdoor dining or drinking areas shall not block or impede pedestrian access or obstruct ADA path of travel requirements.
(D) 
General retail shall provide a minimum of one parking stall per 400 square feet of building or tenant lease area.
(E) 
General office shall provide a minimum of one parking stall per 400 square feet of building area or tenant lease area.
(F) 
Service uses (i.e., banks, barbers, salons, spas, markets, grocery stores, supermarkets and similar uses) shall provide a minimum of one parking stall per 300 square feet of building area or tenant lease area.
(G) 
Other uses permitted in Exhibit A Park Once Area shall provide parking consistent with Section 9-3.535 of the Title 9 Land Use Code.
(2) 
Definitions. For purposes of this subdivision the following are definitions to be applied in the Exhibit A Park Once Area identified in this subdivision:
“Building Area.”
The total area in square feet of all rooms including corridors, elevators, stairwells, shaft spaces, bathrooms, closets, and storage areas (excluding garages and parking areas).
“City Parking Regulating Plan.”
The area in Exhibit A Park Once Area that is a five minute walking distance radius approximately 1,500 linear feet from the intersection of Camino Capistrano and Forster Street.
“Dining/Drinking Area.”
The area that includes tables and chairs used by patrons for dining and/or drinking purposes.
“Public Parking Lot.”
An open public parking facility which is not accessory to a structure or used on the same or another lot and which is located within the Exhibit A Park Once Area.
“Shared Parking/Park Once.”
The development and use of City-owned public parking areas for joint use by more than one business. Such parking areas as identified in Exhibit “A” [to Ordinance No. 980] distribute shared public parking lots and public garages within a defined geographic area for the convenience of customers and to relieve individual properties of providing parking on their own lots.
“Shared/Reciprocal Parking Agreement.”
A written binding document executed between property owners to provide a designated number of off-street parking stalls within a designated area to specified businesses or land uses.
(Ord. No. 869, § 2; Ord. No. 973, § 4, 2010; Ord. No. 980, § 2, 2011; Ord. No. 1076, §§ 13—15,2020; Ord. No. 1082, §§ 11—15, 2021)
(a) 
Purpose and intent. The provisions of this section are established to provide for the redemption and recycling of reusable materials and make such facilities convenient to the consumer in order to reduce the solid waste stream to landfills and increase the recycling of reusable materials. The recycling facilities outlined by this section are intended to encourage recycling services by providing a comprehensive and easily understood program of permitting and regulating such uses.
(b) 
Land use standards.
(1) 
Permit requirements. No person shall permit the placement, construction, or operation of any recycling facility without first obtaining approvals and a permit pursuant to the provisions set forth in this section. The fees associated with the processing of conditional use permits shall be established by separate City Council resolution. Recycling facilities shall be permitted as set forth in Table 3-39.
Table 3-39
Allowed Recycling Facilities
Base District
Reverse Vending Machine
Small Collection Facility
Large Collection Facility
Light Processing Facility
Heavy Processing Facility
RA
—
—
—
—
—
HR
—
—
—
—
—
RSE-40,000
—
—
—
—
—
RSE-20,000
—
—
—
—
—
RS-10,000
—
—
—
—
—
RS-7,000
—
—
—
—
—
RS-4,000
—
—
—
—
—
RG-7,000
—
—
—
—
—
RG-4,000
—
—
—
—
—
RM
—
—
—
—
—
AF/SH
—
—
—
—
—
MHP
P
S
—
—
—
TC
P
S
—
—
—
NC
P
S
S
—
—
GC
P
S
S
C
C
OC
P
S
—
—
—
CM
P
S
S
C
C
IP
P
P
S
C
C
A
C/S
C/S
C/S
C/S
C/S
P&I
P
S
S
—
—
GOS
—
—
—
—
—
OSR
—
—
—
—
—
NP
—
—
—
—
—
CP
—
—
—
—
—
SP
—
—
—
—
—
RP
—
—
—
—
—
NOS
—
—
—
—
—
RC
P
S
—
—
—
FM
P
S
—
—
—
SWF
P
P
S
C
C
PC
P
S
—
—
—
SP/PP
P
S
—
—
—
— = Not permitted
P = Permitted
C = Conditional Use Permit
S = Site Plan Review
(2) 
Operational/site standards. Those recycling facilities permitted shall meet all of the applicable criteria and standards listed. Those recycling facilities permitted with a conditional use permit shall meet the applicable criteria and standards provided that the Zoning Administrator or Planning Commission, as the case may be, may grant an exception to said stricter standards as an exercise of discretion upon finding that such modifications are reasonably necessary in order to implement the general intent of this section and would be compatible with adjacent uses.
The criteria and standards for recycling facilities are as follows:
(A) 
Reverse vending machines. Reverse vending machines located outside a structure do not require discretionary permits. Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in the districts identified in Table 3-39; provided, that they comply with the following standards:
(i) 
Are established in conjunction with a commercial use or community service facility which is in compliance with the Zoning, Building and Fire Codes of the City of San Juan Capistrano;
(ii) 
Are located near the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
(iii) 
Do occupy parking spaces required by the primary use;
(iv) 
Do not occupy more than 50 square feet of floor space;
(v) 
Are constructed of durable rustproof and water proof material;
(vi) 
Have sign area of a maximum of four square feet per machine exclusive of operating instructions;
(vii) 
Comply with illumination requirements in this code;
(viii) 
Are maintained in a clean, dry, and litter-free condition on a daily basis;
(ix) 
Are clearly marked to identify the phone number of the operator or responsible person if the machine is inoperative or in violation of this Code.
(B) 
Small collection facilities. Small collection facilities may be located in the districts identified in Table 3-39 and do not require additional parking spaces provided that they comply with the following standards:
(i) 
The facility shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the Zoning, Building and Fire Codes of the City of San Juan Capistrano;
(ii) 
The facility shall be no larger than 500 square feet and occupy no more than five parking spaces, not including space that will be needed periodically for removal of materials or exchange of containers, provided said parking spaces are not necessary to satisfy the minimum on-site parking requirements of the Municipal Code;
(iii) 
The facility shall be set back 10 feet from the street line and shall not obstruct pedestrian or vehicular circulation;
(iv) 
The facility and signs shall be in compliance with the requirements of Chapter 3 Zoning Districts and Standards of this title;
(v) 
No additional parking spaces will be required for customers of small collection facilities;
(vi) 
Hours of operations will be restricted to the same as the host use;
(vii) 
The facility shall be clearly marked to identify the phone number of the operator or responsible person if the machines are inoperative or in violation of this code;
(viii) 
The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.
(C) 
Large collection facilities. A large collection facility is one that is larger than 500 square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building. Large collection facilities are permitted in the districts identified in Table 3-39, subject to approval of a site plan review and/or conditional use permit, and the facility shall meet the following standards:
(i) 
The facility does not abut a property zoned or planned for residential use;
(ii) 
The facility will be screened from the public right-of-way by operating in an enclosed building or;
(a) 
Within an area enclosed by an opaque fence at least six feet in height with landscaping;
(b) 
At least 150 feet from property zoned or planned for residential use;
(iii) 
The facility shall meet all development standards as required in Chapter 3 Zoning Districts and Standards of this title;
(iv) 
The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.
(D) 
Processing facilities. A processing facility is permitted in specific districts as identified under Table 3-39 of this Title, subject to approval of a conditional use permit, and shall meet the following conditions:
(i) 
The facility does not abut a property zoned or planned for residential use;
(ii) 
Processors will operate in a wholly enclosed building except for incidental storage or:
(a) 
Within an area enclosed on all sides by an opaque fence or wall not less than six feet in height and landscaped on all street frontages;
(b) 
Located at least 150 feet from property zoned or planned for residential use;
(iii) 
Operating hours shall be determined by the City through the required permitting process;
(iv) 
The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;
(v) 
The facility shall meet all development standards as required in Chapter 3 Zoning Districts and Standards of this title.
(c) 
General Requirements for On-Site Collection and Loading Facilities for Recyclable Materials.
(1) 
Any new development project for which an application for a building permit is submitted on or after October 1, 1995, shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.
(2) 
Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and locating recyclable materials.
(3) 
Any project for which an application for a building permit is submitted on or after October 24, 1994, for modifications that meet one or both of the conditions below shall include adequate, accessible and convenient areas for collecting and loading recyclable materials:
(A) 
Modification to the project adds 30% or more to the existing floor area; or
(B) 
The price of modification exceeds $50,000 in value.
(4) 
The following standards shall be applied to on-site recyclable materials collection facilities:
(A) 
Single-family dwellings. Single-family dwelling detached receiving curbside service: 133 cubic feet of storage area, either interior or exterior, with minimum dimensions of 84 inches wide by 39 inches deep by 72 inches high and not visible from adjacent rights-of-way or other properties.
(B) 
Multifamily dwellings, detached. Multifamily dwellings detached receiving curbside service: 95 cubic feet of storage area, either interior or exterior, with a minimum dimension of 60 inches wide by 38 inches deep by 72 inches high and not visible from adjacent rights-of way.
(C) 
Multifamily, attached. Multifamily dwellings attached receiving bin service shall provide interior and exterior storage areas as identified in Table 3-40.
Table 3-40
Multifamily Attached Uses On-Site Recyclable Storage Requirements
Dwelling Units
External Space Allocation
Internal Space Allocation
3-8 units
606 cubic feet of storage area with minimum dimensions 15′ wide by 4′ 6″ deep
4 cubic feet of storage area within living area of each unit
9-16 units
1,212 cubic feet of storage area with minimum dimensions 15′ wide by 4′ 6″ deep, no less than 200’ from any unit
4 cubic feet of storage area within living area of each unit
17 and above units
Add 606 cubic feet to 1,212 cubic feet for every 8 units over 16 with minimum dimensions 15′ wide by 4′ 6″ deep, no less than 200′ from any unit
4 cubic feet of storage area within living area of each unit
(D) 
Commercial uses. Commercial uses shall provide interior and exterior storage areas for recyclable materials as identified in Table 3-41.
Table 3-41
Commercial Uses On-Site Recyclable Storage Requirements
Land Use
Building Floor Area
External Space Allocation
Internal Space Allocation
Office/Retail
0-5,000 square feet
606 cubic feet with minimum dimensions 15′ wide by 4′6″ deep
44 cubic feet with minimum dimensions 60″ wide by 36″ deep by 74″ high each suite
5,001-25,000 square feet
1,212 cubic feet with minimum dimensions 15′ wide by 4′6″ deep, no less than 300′ from any suite
44 cubic feet with minimum dimensions 60″ wide by 36″ deep by 74″ high each suite
25,001 square feet and above
Add 606 cubic feet to 1,212 cubic feet for every 5,000 square feet over 25,001 with minimum dimensions 15′ wide by 4′6″ deep, no less than 300 feet from any suite
44 cubic feet with minimum dimensions 60″ wide by 36″ deep by 74″ high each suite
Restaurant
0-3,000 square feet
606 cubic feet minimum dimensions 15′ wide by 4′6″ deep
44 cubic feet with minimum dimensions 60″ wide by 36″ deep by 74″ high each suite
3,001-6,000 square feet
1,212 cubic feet with minimum dimensions 15′ wide by 4′6″ deep, no less than 300′ from any suite
44 cubic feet with minimum dimensions 60″ wide by 36″ deep by 74″ high each suite
6,001 square feet above
Add 606 cubic feet to 1,212 cubic feet for every 5,000 square feet over 25,001 with minimum dimensions 15′ wide by 4′6″ deep, no less than 300′ from any suite
44 cubic feet with minimum dimensions 60″ wide by 36″ deep by 74″ high each suite
Hotel
0-50 rooms
606 cubic feet with minimum dimensions 15′ wide by 4′6″ deep
n/a
51-100 rooms
1,212 cubic feet with minimum dimensions 15′ wide by 4′6″ deep, no less than 300′ from any suite
n/a
101 rooms and above
Add 606 cubic feet to 1,212 cubic feet for every 5,000 square feet over 25,001 with minimum dimensions 15′ wide by 4′6″ deep, no less than 300′ from any suite
n/a
(d) 
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:
Development project.
Development project shall mean any of the following:
(1) 
A project of which a building permit is required for a commercial, industrial, or institutional building, marina, or residential building having five or more living units, where solid waste is collected and located and any residential project where solid waste is collected and loaded in a location serving five or more living units.
(2) 
Any new public facility where solid waste is collected and located and any improvements for areas of a public facility used for collecting and loading solid waste.
Project for which a building permit is required.
A project for which a building permit is required includes all new projects, any single alteration of an existing project requiring a building permit, and any sum total of alterations requiring a building permit to an existing project conducted within a 12 month period.
(Ord. No. 869, § 2, 2022; Ord. No. 1042, § 17, 2017)
(a) 
Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code Section 65852.21.
(b) 
Definitions.
A “two-unit project”
means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
"Building height"
means the vertical distance from finished grade or flood protection elevation to the topmost point of the roof of a building or to the highest point of a structure other than a building. Chimneys, finials, and other rooftop architectural projections are not included in determining building height.
For structures in hillside areas, allowable building height shall be determined by connecting an imaginary line, at the applicable building height standard, between a series of vertical lines drawn at the uppermost and the lowermost finish grades of a building (typically measured at a point five feet away from the vertical building wall), as shown in Figure 3-1b. For purposes of this definition, “hillside area” means an area in which the average slope of the building footprint area is 10% or more. For structures in hillside areas that are constructed on a foundation system that include one or more retaining walls or other retaining system, the measurement to establish allowable building height shall be measured from five feet outside of the retaining wall or system used to support the building.
-Image-6.tif
Figure 3-1a: Building Height on Level Lot
-Image-7.tif
Figure 3-1b: Building Height on a Hillside
(c) 
Application.
(1) 
Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Tax Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Tax Code Section 214.15).
(2) 
An application for a two-unit project must be submitted on the City’s approved form.
(3) 
The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in Code for the lot and provide the certificate with the application.
(4) 
Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(5) 
The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.
(d) 
Approval.
(1) 
An application for a two-unit project is approved or denied ministerially, by the Director of Development Services, without discretionary review.
(2) 
The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.
(3) 
The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
(4) 
The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Code.
(e) 
Requirements. A two-unit project must satisfy each of the following requirements:
(1) 
Map act compliance. The lot must have been legally subdivided.
(2) 
Zone. The lot is in a single-family residential zoning district. For purposes of this section, a single-family residential zoning district is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
(3) 
Lot location.
(A) 
The lot is not located on a site that is any of the following:
(i) 
Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(ii) 
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(iii) 
Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.
(iv) 
A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(v) 
Within a delineated earthquake fault zone as determined by the State geologist in any official maps published by the State geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
(vi) 
Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(vii) 
Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(viii) 
Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.
(ix) 
Habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(x) 
Lands under conservation easement.
(4) 
Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.
(5) 
No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(A) 
Housing that is income-restricted for households of moderate, low, or very low income.
(B) 
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) 
Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(D) 
Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(6) 
Unit standards.
(A) 
Quantity.
(i) 
No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this Code, an ADU, or a JADU.
(ii) 
A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under State law and the City’s ADU ordinance.
(B) 
Unit size.
(i) 
The total floor area of each primary dwelling built that is developed under this section must be:
(I) 
Less than or equal to 800 square feet, and
(II) 
More than (500) square feet.
(ii) 
A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than (800) square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
(iii) 
A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.
(C) 
Height restrictions.
(i) 
On a resulting lot that is larger than 2,000 square feet of gross area, the maximum building height, as defined in this section, of the new primary dwelling is 16 feet in height and may not exceed a single story.
(ii) 
On a resulting lot that is smaller than 2,000 square feet of gross area, the maximum building height, as defined in this section, of the new primary dwelling is 22 feet in height and shall not exceed two stories. Any portion of a new primary dwelling footprint that exceeds one story must be stepped back five feet from the ground floor footprint; no balcony deck or other portion of the second story may project into the required five foot stepback area.
(iii) 
No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
(D) 
Demo cap. The two-unit project may not involve the demolition of more than 25% of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
(E) 
Lot coverage. The lot coverage requirements established in Table 3-2 (Development Standards for Residential Districts) in Section 9-3.301 of this Code apply. These lot coverage standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot at 800 square feet each.
(F) 
Ridgelines. No construction, along with any associated grading, may occur 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. This standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(G) 
Setbacks.
(i) 
Generally. All setbacks must conform to those setbacks that are imposed through the underlying zone.
(ii) 
Exceptions. Notwithstanding subsection (e)(6)(G)(i) above:
(I) 
Existing structures. No setback is required from the new lot split property line for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(II) 
Eight hundred square feet; four foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
(iii) 
Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must meet the required minimum front setbacks identified in Table 3-2 (Development Standards for Residential Districts). The front setback areas must:
(I) 
Be kept free from all structures greater than three feet high;
(II) 
Be at least 50% landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(III) 
Allow for vehicular and fire-safety access to the front structure.
(H) 
Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit. No off-street parking spaces are required for new primary dwelling units that are built on a lot that meets the following:
(i) 
The lot is located within one-half mile walking distance of either:
(I) 
A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours, or
(II) 
A site that contains:
(ia) 
An existing rail or bus rapid transit station,
(ib) 
A ferry terminal served by either a bus or rail transit service, or
(ic) 
The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(ii) 
The site is located within one block of a car-share vehicle location.
(I) 
Architecture.
(i) 
If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(ii) 
If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on a lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) 
All exterior lighting must be limited to down-lights.
(iv) 
No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(v) 
If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(J) 
Landscaping.
(i) 
Tree removal.
(I) 
Notwithstanding the provisions of Section 9-2.349 (Tree Removal Permit), no mature tree may be removed on a lot for development under this article unless removal is necessary for constructing a minimum size dwelling unit that must be allowed under State law.
(II) 
“Mature tree” means a tree with a diameter of six inches or more measured three feet above grade.
(III) 
A tree may only be removed under subsection (e)(6)(I)(i) above if it is replaced with at least two 24 inch box size trees of the same tree species as the removed tree.
(IV) 
If a qualified tree expert, as defined in Section 9-2.349 (Tree Removal Permit), determines that there is not enough space on the lot for the replacement trees that is required under subsection (e)(6)(I)(i) above, then a 1:1 replacement ratio, 15 gallon size trees, or different tree species may be used.
(ii) 
Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(I) 
At least one fifteen (15) gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one twenty-four (24) inch box size plant shall be provided for every 10 linear feet of exterior wall.
(II) 
Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
(III) 
All landscaping must be drought-tolerant.
(K) 
Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
(L) 
Utilities.
(i) 
Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) 
Notwithstanding subsection (e)(6)(K)(i) above, a primary dwelling unit may have a direct utility connection to an on-site wastewater treatment system in accordance with this subsection and the City’s Code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(iii) 
All utilities for new dwelling units must be underground.
(M) 
Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City’s current Code.
(7) 
Fire-hazard mitigation measures.
(A) 
A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures in order to be eligible for an urban lot split:
(i) 
It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) 
All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
(iii) 
All enclosed structures on the site must have fire sprinklers.
(iv) 
All sides of all dwellings on the site must be within a 150 foot hose-pull distance from either the public right-of-way or of an on-site fire hydrant or standpipe.
(v) 
If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
(B) 
Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance from the City demonstrating that the developed or vacant lot proposed for an urban lot split complies with all the applicable fire-hazard mitigation measures identified in this subpart. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City’s costs for inspection and issuance of the certificate of compliance. Failure to pay is grounds for denying the application.
(8) 
Separate conveyance.
(A) 
Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(B) 
Condominium airspace divisions and common interest developments are not permitted within the lot.
(C) 
All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(i) 
No timeshare, as defined by State law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
(9) 
Regulation of uses.
(A) 
Residential-only. No non-residential use is permitted on the lot.
(B) 
No short-term rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
(C) 
Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
(10) 
Notice of construction.
(A) 
At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) 
Notice that construction has been authorized,
(ii) 
The anticipated start and end dates for construction,
(iii) 
The hours of construction,
(iv) 
Contact information for the project manager (for construction-related complaints), and
(v) 
Contact information for the Building and Safety Department.
(B) 
This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(11) 
Deed restriction. The owner must record a deed restriction, on a form approved by the City, that does each of the following:
(A) 
Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) 
Expressly prohibits any non-residential use of the lot.
(C) 
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) 
If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
(E) 
Limits development of the lot to residential units that comply with the requirements of this section, except as required by State law.
(f) 
Specific adverse impacts.
(1) 
Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) 
"Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include: (1) inconsistency with the zoning ordinance or General Plan land use designation; or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
(3) 
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
(g) 
Remedies. If a two-unit project violates any part of this Code or any other legal requirement:
(1) 
The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(2) 
The City may:
(A) 
Bring an action to enjoin any attempt to sell, lease, or finance the property.
(B) 
Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) 
Pursue criminal prosecution, punishable by imprisonment in County Jail or State prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) 
Record a notice of violation.
(E) 
Withhold any or all future permits and approvals.
(F) 
Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City’s Code.
(Ord. No. 1094, § 4, 2021; Ord. No. 1100, § 4, 2022)
(a) 
Title. This section shall be known as “The Sand, Gravel, and Mineral Extraction Law of the City of San Juan Capistrano.”
(b) 
Purpose. This section is adopted to safeguard life, limb, property, and the public welfare by establishing minimum safety standards for the maintenance of pits and the mining, quarrying, or commercial extraction of sand, gravel, rock, aggregate, clay, or similar materials within the City and to establish procedures pursuant to which such standards shall be enforced.
(c) 
Scope. All pits and operations used for mining, quarrying, or the commercial extraction of sand, gravel, rock, aggregate, clay, or similar materials within the City shall be maintained and conducted in compliance with the provisions of this section, except for the following:
(1) 
Excavation operations incidental to the development of property in which a specified quantity of material is to be removed to a predetermined elevation so that, upon completion, the site will be left suitable for development and for which a valid grading permit is in force. Such exception, however, shall not apply to any such excavation operation which reasonably cannot be completed or is not completed within one year after the date of commencement; and
(2) 
The commercial processing or storage of sand, gravel, rock, aggregate, clay, or similar materials where no extraction or excavation operation, other than one regulated by a currently valid grading permit, is conducted on the site.
(d) 
Permits—Required. No person shall maintain a pit or commence or perform any operation or activity within the scope of this section without first obtaining the following appropriate permits to do so:
(1) 
Abandonment permit. Upon an application to the Director of Engineering and Building Services by the owner or his legally authorized agent, an abandonment permit shall be issued for any pit from which no extraction operation has been conducted since July 5, 1978, provided the pit is found to comply with the provisions of subsection (o) of this section. No fee shall be charged for an abandonment permit.
(2) 
Extraction permit. No person shall maintain a pit from which materials have been extracted since July 5, 1978, or perform any extraction operation or activity without first obtaining an extraction permit.
An extraction permit may be issued by the Director of Building and Engineering for the maintenance of pits from which no materials have been extracted since July 5, 1978, provided the pit is found to comply with the provisions of subsection (o) or (p) of this section and all the other applicable requirements of this section have been met.
(3) 
Grading permit for the repair of sand and gravel sites. Except as provided in subsection (h) of this section, repair work required in order to bring a pit into compliance with the provisions of subsection (o) of this section shall be accomplished only after a grading permit for the repair of the sand and gravel site has been obtained, and the work shall be performed in compliance with the terms of such permit.
The Director of Engineering and Building Services may waive the provisions of this section relating to permit procedures as he deems appropriate.
(e) 
Permits—Applications, filing, accompanying data required. An application for a permit, signed by the owner or his legally authorized agent, shall be filed with the Department of Engineering and Building Services upon forms provided by said Department. The application shall be accompanied by a description of the site and such fees, plans, reports, and engineering data as determined by the Director of Engineering and Building Services.
(f) 
Permits—Approval and inspections. Prior to the approval of any plan required by the provisions of this section or the issuance of a permit, the Director of Engineering and Building Services may inspect the site to determine that such plans, reports, or other data are accurate and sufficient.
(g) 
Permits—Issuance and conformity with plans. Upon the issuance of a permit, the plans submitted by the applicant as required by the Director of Engineering and Building Services shall be approved and so stamped by the Department of Engineering and Building Services. The pit and all work pertinent thereto shall be maintained in conformity with the approved plans, unless authorization to modify the pit or operation is obtained from the Director of Engineering and Building Services, and the plans and records are so changed and noted.
(h) 
Permits—Term. Each extraction permit issued for an existing or proposed operation shall continue in effect only as long as none of the provisions of this section is violated and as long as the annual permit fees have been paid.
The extraction permit shall expire on July 1, unless the annual permit and inspection fees for the subsequent fiscal year have been paid by such date. No operation, other than such corrective work as may be designated by the Director of Engineering and Building Services, shall be conducted after July 1, unless a new permit has been approved by the Director of Engineering and Building Services. In the case of existing pits, such corrective work shall include compliance with all the provisions of subsection (o) of this section.
(i) 
Permits—Renewal. Any extraction permit which has expired or been revoked may be renewed by making an application to the Department of Building and Safety and upon the following conditions:
(1) 
The submission of an application, up-to-date plans, reports, and the other data required by this section or required by the Director of Engineering and Building Services;
(2) 
The site shall be in compliance with all the applicable provisions of this section; and
(3) 
The payment of the fees required by Section 9-5.101 Fees, Deposits, and Bonds.
(j) 
Permits—Revocation. The Director of Engineering and Building Services may revoke any permit, in whole or in part, after notification and demand as set forth in subsection (m) of this section if any of the following conditions exists:
(1) 
The pit or work covered by such permit has been materially extended beyond the limits of the permit;
(2) 
Any fence or wall or other protective device required by the provisions of this section has not been constructed or maintained in good repair; or
(3) 
Other provisions of this section have been violated by the operator, owner, or permittee.
(k) 
Permits—Limitations. The issuance, granting, or renewal of a permit shall not be deemed or construed to be a permit for, or an approval of, any violation of the provisions of this section or any other law. No such permit, presuming to give authority to violate or cancel the provisions of this section shall be valid, except insofar as the work or use which is authorized by the issuance, granting, or renewal of such permit is lawful.
(l) 
Conditional use permits. All uses pertaining to the mining, quarrying, or commercial extraction of sand, gravel, rock, aggregate, clay, or similar materials on private property in the City shall require a conditional use permit, pursuant to Section 9-2.317 Conditional Use Permit.
(m) 
Inspections. The Director of Engineering and Building Services shall inspect each site regulated by the provisions of this section at the time of the payment of the annual fees required by Section 9-5.101 Fees, Deposits, and Bonds, and at such other times as he deems necessary, for the purpose of ascertaining whether the operations are being conducted and the site maintained in conformity with the minimum standards of this section and the applicable permits.
Whenever the Director of Engineering and Building Services determines that the work does not comply with the terms of the permit or the requirements of this section, or that the soil or other conditions are not as set forth on the permit, he shall notify the permittee of such fact in writing, demanding compliance within 30 days after the date of such notice. If the permittee, within the stated time, has not complied with the terms of the permit or the requirements of this section, or given reasonable assurances that steps are being taken to so comply, the Director of Engineering and Building Services may order the cessation of all work, or any portion thereof, and such work shall cease until the requirements of the permit and this section have been met.
(n) 
Abandonment—Notices and inspections. Whenever a pit or excavation operation is to be abandoned, the operator shall notify the Director of Engineering and Building Services in writing of his intention to abandon the pit or operation at least 30 days prior to such abandonment.
The Director of Engineering and Building Services shall inspect the site prior to the date of the proposed abandonment and notify the operator of what protective devices or structures and what corrective measures are or may be necessary for the protection of adjacent properties and the general public as set forth in subsection (o) of this section. The Director of Engineering and Building Services shall also notify the property owner and the operator what assurance, if any, the Director of Engineering and Building Services requires for the continued maintenance of the protective devices and the future correction of possible unsafe conditions as may occur.
Within 30 days after the abandonment of the pit or operation, the Director of Engineering and Building Services shall again inspect the site for compliance with the provisions of subsection (o) of this section and notify both the property owner and the operator of his findings.
Whenever the Director of Engineering and Building Services determines that the site has been abandoned in accordance with the provisions of subsection (o) of this section, he shall so note on the permit.
(o) 
Standards—Inoperative operations. Each pit not currently in use for commercial extraction operations shall be maintained in accordance with the following minimum standards:
(1) 
Setbacks and slopes.
(A) 
The finished perimeter slope shall not be steeper than two feet horizontal to one foot vertical projecting into the pit from a 50 foot setback adjacent to the perimeter of the property.
(B) 
In addition, where the Director of Engineering and Building Services determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, the Director of Engineering and Building Services shall establish the setback and slope requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation. In the discretion of the Director of Engineering and Building Services, the setback requirements imposed pursuant to this subsection may exceed the 50 foot requirement set forth in subsection (A) of this subsection, but such setbacks may not be less than 50 feet as set forth in subsection (A) of this subsection. In the discretion of the Director of Engineering and Building Services, the slope requirements may be greater or less than that set forth in subsection (A) of this subsection. The applicant may be required to furnish reports and engineering data, as required by the Director of Engineering and Building Services, to justify the setback and slope requirements requested in such cases. The Director of Engineering and Building Services may require such reports in any case.
(C) 
Where the Director of Engineering and Building Services determines that the pit extends below, or in the future may extend below, groundwater elevations, the slopes shall not be steeper than the safe values determined by the Director of Engineering and Building Services, based on the reports required as part of the permit application, which reports may be required by the Director of Engineering and Building Services in such cases.
(D) 
The provisions of this subsection may be modified by the Director of Engineering and Building Services in cases where safety conditions and engineering and geological data submitted to the Director of Engineering and Building Services for approval indicate that a less restrictive setback or slope may be permitted.
(2) 
Diversions. No pit shall be maintained in or adjacent to the floodplain of any watercourse which, by reason of the shape, location, berm elevations, or area of the excavation in the opinion of the Director of Engineering and Building Services, is likely to produce a diversion of the natural watercourse away from the pit and outside the natural watercourse in the event flow from the watercourse enters the excavation.
(3) 
Drainage. Adequate provisions for the conveyance of water across and from the site and for the long-term retention of water shall be accomplished so as to minimize potential dangers from landslides and erosion.
(4) 
Fencing. Other than in cases where data is submitted to the Director of Engineering and Building Services for approval and which data indicate to the Director of Engineering and Building Services that no safety hazards exist, a fence shall be constructed enclosing the area of each existing pit. Such fence shall be chain link, of steel, and a minimum of six feet in height above the existing grade of the property outside the fenced area. The bottom of such fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches.
Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. Such gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use.
Such fences, gates, and locks shall be maintained in good condition and repair.
(5) 
Protective devices - Correction and repair. Whenever the Director of Engineering and Building Services determines that the maintenance of protective devices or structures or the correction of potentially unsafe conditions may be necessary for the protection of adjacent properties and the general public, he shall notify in writing the owner or other responsible persons, who shall take such corrective action as necessary and post a surety bond or other financial security in an amount sufficient to insure the continued maintenance of the protective devices for such potentially unsafe conditions. A grading permit shall be required for any repair work. The fees for such permit shall be as set forth in Chapter 1 of Title 8 of this Municipal Code for grading operations.
(p) 
Standards—Active operations. The mining; quarrying, and commercial extraction of sand, gravel, rock, aggregate, clay, or similar materials shall be performed in accordance with the following minimum standards:
(1) 
Setbacks.
(A) 
No excavation activity shall be carried on within 50 feet of the following:
(i) 
The common property line of any parcel of land not used for the same purpose; or
(ii) 
The ultimate right-of-way of any public street, either existing or whose precise alignment has been adopted by the County or the City.
(B) 
In addition, where the Director of Engineering and Building Services determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, the Director of Engineering and Building Services shall establish the setback requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation.
(C) 
At the discretion of the Director of Engineering and Building Services, the setback requirements imposed pursuant to this subsection may exceed the 50 foot requirement set forth in subsection (A) of this subsection, but such setbacks may not be less than 50 feet, as set forth in subsection (1) of subsection (o) of this section. The applicant may be required to furnish reports and engineering data, as set forth in subsection (e) of this section, to justify the setback requirements requested in such cases. The Director of Engineering and Building Services may require such reports in any case.
(2) 
Slopes.
(A) 
Where the Director of Engineering and Building Services determines there is a potentially hazardous seepage into a pit from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, or where the Director of Engineering and Building Services determines that the pit extends below, or in the future may extend below, groundwater elevations, the finished perimeter slope shall not be steeper than two and one-half (2 1/2) feet horizontal to one foot vertical, except as provided in subsection (C) of this subsection.
(B) 
The finished perimeter slope shall not be steeper than two feet horizontal to one foot vertical projecting into the pit from the required setback line adjacent to the perimeter of the property.
(C) 
Notwithstanding subsections (A) and (B) of this subsection, the slope requirement may be modified by the Director of Engineering and Building Services in cases where the Director of Engineering and Building Services determines that the proposed excavation operations present a potential hazard to adjacent property or where other safety conditions and engineering or geological data, as set forth in subsection (e) of this section, submitted to the Director of Engineering and Building Services for approval, or as may be required by him, indicate that less restrictive slopes may be permitted or more restrictive slopes may be required.
(3) 
Diversions. No excavation shall be made or pit maintained in or adjacent to the floodplain of any watercourse which, by reason of the shape, location, berm elevations, or area of the excavation or pit in the opinion of the Director of Engineering and Building Services, is likely to produce a diversion of a natural watercourse away from the pit and outside the natural watercourse in the event flow from the watercourse enters the excavation.
(4) 
Drainage. Adequate provisions for the conveyance of water across and from the site and for the long-term retention of water shall be accomplished in a manner meeting the approval of the Director of Engineering and Building Services so as to minimize potential dangers from landslides and erosion.
(5) 
Fencing. Prior to the commencement or continuation of any excavation or extraction operation or the construction or use of any settling basin, a fence shall be constructed enclosing the area of such proposed or existing excavation or settling basin, or the entire site, other than in cases where data are submitted to the Director of Engineering and Building Services for approval and which data indicate to the Director of Engineering and Building Services that no substantial safety hazard exists. Such fence shall be chain link, of steel, and a minimum of six feet in height above the existing grade of the property outside the fenced area. The bottom of such fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches.
Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. Such gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use.
Such fences, gates, and locks shall be maintained in good condition and repair.
(6) 
Boundary markers. The site shall be surveyed by a registered civil engineer or licensed surveyor and shall be defined by a series of poles (two and one-half (2 1/2) inch pipe), six feet in height, measured from the ground level and painted a bright color, which poles shall be installed and maintained at each change of direction and along the entire length of the subject site in such a manner that an individual standing at one such pole can clearly see the next pole in either direction.
For good cause shown, the Director of Engineering and Building Services may waive or modify the provisions of this subsection for any extraction operation proposed to result in finished elevations which are not below the average natural ground elevations at the perimeter of the site or for any extraction operation proposed to be located more than 1,000 feet from any property line.
(7) 
Signs. Within 90 days after a permit has been issued pursuant to the provisions of this section, the outer boundaries of the site shall be continuously posted with signs not less than 500 feet apart and at each change of direction of such boundary lines in such a manner as will reasonably give notice to passersby of the matters contained in such signs, stating in letters not less than four inches in height, “Public Notice,” and stating in letters not less than one inch in height: “This Property May Be Used for the Mining, Quarrying, or Commercial Extraction of Sand, Gravel, Rock, Aggregate, Clay, and Similar Materials Subject to Permits Which Have Been Issued by the Director of Engineering and Building Services, City of San Juan Capistrano.” Such signs shall be of wood or metal and shall be maintained in legible condition at all times.
(8) 
Ingress, egress, and traffic safety. Roads providing vehicular access to public highways which are used for transporting materials shall be located only at points designated on plans as approved by the Department of Engineering and Building Services. Adequate sight distance shall be maintained for traffic safety. A distance of not less than 80 feet from the intersection of the drive or access road with the right-of-way line of the public highway shall be paved for a width of not less than 12 feet.
In addition, that portion of the access road lying between the right-of-way line and the existing pavement of the public highway shall be constructed in accordance with the terms of an encroachment permit issued by the Department of Engineering and Building Services or, in the case of State highways, issued by the California Department of Transportation.
(q) 
Responsibility. The permittee, operator, and property owner, and their authorized agents, and any other person in control of property used for mining, quarrying, and commercial extraction operations pursuant to the provisions of this section, individually and collectively, shall be responsible for the observation and compliance with all the provisions of this section. Such responsibility shall include the correction of any unsafe condition and the construction and continued maintenance of all fences and other protective devices required by the provisions of this section or as deemed necessary by the Director of Engineering and Building Services to protect the general public and adjacent properties.
In the event the owner or other responsible person shall fail, neglect, or refuse to perform the required corrections, maintenance, or repairs within the time set forth in subsection (m) of this section after being notified in writing to do so by the Director of Engineering and Building Services, the Director of Engineering and Building Services shall cause the required corrections, repairs, or maintenance to be done, and the cost thereof shall be a charge and expense against the owner and the land.
(r) 
Enforcement. The Director of Engineering and Building Services shall enforce the provisions of this section. If at any time the Director of Engineering and Building Services finds that any owner, permittee, or operator is violating any provision of this section, the Director of Engineering and Building Services may order compliance in the manner set forth in subsection (m) of this section. If compliance does not proceed, the Director of Engineering and Building Services, at the end of 30 days, or in the absence of reasonable assurance given as set forth in said subsection (m) of this section, may order the immediate cessation of operations.
If, in the opinion of the Director of Engineering and Building Services, an immediate and substantial hazard exists to adjacent property or the general public, the Director of Engineering and Building Services may order the immediate cessation of that portion of the operation which may contribute to such a hazard within the 30 day period set forth in said subsection (m) of this section, and which cessation shall continue until the correction of the hazardous condition.
(s) 
Appeals. The operator, permittee, or owner shall have the right to appeal determinations of the Director of Engineering and Building Services pursuant to Section 9-2.311 Appeals.
(t) 
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:
"Abandonment"
means the cessation of mining, quarrying, and extraction operations on the site in compliance with the provisions of this section.
"Operator"
means the person, whether a proprietor, lessee, or independent contractor, actually in charge and in control of the pit or operation being conducted upon the site.
"Owner"
means a person who owns a site upon which a pit is located or upon which mining, quarrying, or commercial extraction operations are being conducted or may be conducted.
"Site"
means a lot or parcel of land, or a series of contiguous or adjacent lots or parcels of land, described by a lease or similar document upon which a pit is located or upon which commercial extraction operations are being or may be conducted, and which site is covered by a permit.
"Slope"
means the exposed surface of an excavation or fill which forms an incline.
"Ultimate right-of way"
means the right-of way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded Planned Community (PC) development plan. The latest adopted or recorded document in such cases shall take precedence. If none exists, the ultimate right-of-way shall be considered to be the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way, in the case of a private street, and the existing right-of-way, but not less than 60 feet, in the case of a public street.
(Ord. No. 869, § 2)
(a) 
Intent and purpose. Service stations warrant special attention in this Code because they constitute a use attracting vehicular patronage exclusively. The exposed nature of the activity, distinctive physical appearance and long hours of operation necessitate special requirements to insure compatibility with the City General Plan as it relates to aesthetic and visual aspects.
(b) 
Locational criteria. Service stations and fuel dispensing stations shall not be located in the Town Center (TC), Town Center Edge (TCE), and General Commercial (GC) Districts bounded by Interstate 5 on the east, San Juan Creek on the south, Trabuco Creek on the west and La Zanja Street on the north.
(c) 
Development standards. The following development standards are the minimum standards with which service stations and accessory uses shall be evaluated:
(1) 
Dispensing islands location. Service stations located on a corner lot shall locate the service buildings to the front of the site, with the dispensing islands located behind the building, to visually screen the islands from the adjacent roadways.
(2) 
Project identification signs. All project identification signs shall conform to the design regulations as set forth in Section 9-3.543 Signs.
(3) 
Price sign identification. In accordance with Section 13531 of the Business and Professions Code of the State, service stations shall post all prices charged for the purchase of vehicle fuels. Such signs shall conform to said Section 13531, subject to the following design regulations:
(A) 
Pricing categories. Individual pricing signs shall identify the price of all grades of gasoline and diesel fuels sold on the premises, including any differential between “self-service” and “full-service” and whether the price is cash or credit.
(B) 
Advertising media. All letters, figures, or numerals used on signs designating the price of gasoline or motor fuels shall be a minimum of six inches and a maximum of nine inches in height. All letters or numerals designating the grade of gasoline or motor fuels shall not be less than one-sixth the size of the numerals designating the price. Such letters shall have a medium or heavy type face or stroke and shall be plainly visible. The colors of the letters shall contrast to the sign background so as to be easily readable.
(C) 
Sign location and size. Price identification signs shall be of a monument design with a maximum height of eight feet with a sign face not exceeding 32 square feet. Only one sign per street frontage shall be permitted. The location of the sign shall be approved by the Planning Director and shall not conflict with the vehicular sight distance requirements of Section 9-3.559 Visibility at Intersections/Driveways.
(D) 
Architectural style and color. The City encourages the design and location of such signs to be in harmony with the architectural style of the building on the premises. The use of earth-tone mission colors shall be encouraged. Examples of such colors include, but are not limited to, browns, pale yellows, tan, beige, and similar shades.
The use of an adopted lettering style or color scheme for an individual company may be permitted consistent with the provision of Section 9-3.543 Signs.
(4) 
Required signs by governmental agencies. Signs required to be placed at a service station, including, but not limited to, “No Smoking,” “Licensed Inspections and Adjustments,” and similar identification mandated by a governmental agency and not otherwise provided for in this section, shall be permitted.
(5) 
Pump island signs. Signs designating operation instructions, self-serve and full-serve islands, or similar information designed for customer convenience, provided the cumulative signage does not exceed 10 square feet per island, shall be permitted.
(6) 
Window signs. Temporary window signs may be permitted provided they do not exceed 25% of the window area and do not advertise merchandise for which an alternate method of signage is permitted by this section or other applicable provisions of this article.
(7) 
Prohibited signs. All temporary signs not permitted by this section or Section 9-3.547 Special activities, shall be prohibited.
(8) 
Parking. The size, arrangement, and access of all parking areas shall conform to Section 9-3.535 Parking. All vehicles, except those within the main structure of the service station or those being serviced at the pump islands, shall be parked within the designated parking spaces.
(9) 
Outside activities. Activities conducted outside the permanent structure shall be limited to the dispensing of gasoline, diesel fuel, oil, air, water, and minor repairs, such as the replacement of fan belts, light bulbs, wiper blades, batteries, and tire changes. All repair activities shall be confined to a designated area on the site as approved by the City.
(10) 
Outside storage of motor vehicles. The outside storage of motor vehicles shall be strictly prohibited. For the purposes of this section, “outside storage” shall mean the parking of a motor vehicle outside the main structure of the service station for a period in excess of 24 hours, unless such vehicle is in the process of being serviced, in which case it may be parked outside the main structure for a period not exceeding seven days and located in a designated parking space. Such vehicles shall be stored in such a condition that all exterior components of the vehicle are in place (i.e., tires, doors, hoods, fenders, and the like).
(11) 
Accessory uses. The following accessory uses shall be permitted:
(A) 
Vending machines. Vending machines shall be either placed within the main building or in a designated area immediately adjacent to the building provided the area does not exceed 40 square feet.
(B) 
Merchandise displays. All merchandise shall be stored and/or displayed within the permanent building, with the exception of accessory and lubrication items, such as oil, wiper blades, and the like, which are normally kept on pump islands, in which case they shall be located in a specially designed case enclosure. The outside display of any other merchandise shall be prohibited. Except during those occasions when a special activity permit has been issued as set forth in Section 9-3.547 Special activities.
(C) 
Accessory uses not listed. The Planning Director may approve accessory uses not listed in this subsection (10) if such uses will not be detrimental to the safety and welfare of adjacent uses or potential patrons of the service station.
(12) 
Landscaping. Landscaping, including boundaries, streetscapes, and buildings, shall be approved during the development review.
(13) 
Drainage. Drainage resulting from the development of service and fuel dispensing stations shall meet all NPDES (National Pollutant Discharge Elimination System) and BMPs (Best Management Practices) requirements.
(Ord. No. 869, § 2; Ord. No. 1082, § 16, 2021)
(a) 
General provisions. The following general provisions shall apply pertaining to title, scope, definitions, and purpose and intent.
(1) 
Title. This chapter shall be known and cited as the “Sign Ordinance for the City of San Juan Capistrano.”
(2) 
Scope. It is unlawful for any person to construct, maintain, display or alter or cause to be constructed, maintained, displayed or altered, a sign within the City except in conformance with this chapter.
(3) 
Definitions. Sign definitions are set forth in Appendix A of the San Juan Capistrano Municipal Code.
(4) 
Purpose and intent. The City Council finds and declares:
(A) 
The City of San Juan Capistrano is a community of natural beauty, distinct and notable architecture and historic tradition. Signs have a strong visual impact on the character and quality of the community as they are a prominent part of the scenery, attract or repel the viewing public, and set the tone of neighborhoods and districts.
(B) 
The City relies on its scenic beauty to invite tourism and commerce and aesthetic considerations that promote economic value. The primary purpose of signs is proper business and directional identification for the public. It is the intent of the City to limit the size, type, and location of signs in order to minimize their distracting effect on pedestrians and motorists and not subject citizens or guests to excessive competition for their visual attention, It is also the intent of the City to encourage creativity, high quality and superior design in all signs.
(C) 
The Community Design Element of the General Plan sets forth goals and policies to ensure that the design of this community be of the highest quality, and that accessory facilities, including signs, be compatible with the overall theme, and do not create a visual blight that detracts from the quality of the environment and an individual’s perception of the City.
(D) 
The procedures and standards set forth in this sign code are intended to:
(i) 
Ensure that signs erected within the City are compatible with their surroundings and are in keeping with the goals and policies of the Community Design Element of the General Plan;
(ii) 
Generally provide for the identification of business enterprises and shall not be used for general advertising purposes;
(iii) 
Promote traffic safety and community identity while also enhancing the quality of the visual environment in the City;
(iv) 
Establish procedures and design regulations which control the location, size, type, and number of signs which may be permitted;
(v) 
Promote harmony with the building architecture;
(vi) 
Be appropriate for the neighborhood character;
(vii) 
Protect those uses which are adequately and appropriately identified from too many and too large signs;
(viii) 
Protect commercial districts from sign clutter;
(ix) 
Assure the proper maintenance of signs.
(b) 
General requirements. The following requirements pertaining to design criteria, sign copy, acceptable materials, unacceptable materials, logos/trademarks, illumination, calculating area and height, and noncommercial signs shall apply to all signs, including signs that are exempt from the permit requirement, within the City.
(1) 
Design criteria. The design and placement of signs shall comply with the specific design standards set forth in this section, the City’s adopted Architectural Design Guidelines and the Community Design Element of the General Plan, including, but not limited to, standards relating to sign visibility, legibility and readability.
(2) 
Commercial sign copy. The text or copy of signs may identify the name, and/or location, and/or address, and/or nature of the business or center. Sign copy shall not include general advertising.
(3) 
Acceptable sign materials and methods of construction. The following sign materials and methods of construction are acceptable and desirable:
(A) 
High quality hand carved, sandblasted, painted or routed wood;
(B) 
High quality metal letters;
(C) 
Painted or sandblasted ceramic tile;
(D) 
Painted stucco or similar background;
(E) 
Wrought iron with painted or stained backgrounds and lettering;
(F) 
Flush or insert mounted signs of tile or stone;
(G) 
Sign style, including any proposed illumination, shall be compatible with the buildings architecture and age/period;
(H) 
Projecting signs;
(I) 
Glass;
(J) 
Fiberglass;
(K) 
Other materials that provide the same finish appearance as materials listed in this subsection and subject to City approval.
(4) 
Unacceptable sign materials and methods of construction. The following materials are unacceptable and prohibited:
(A) 
Fluorescent paint;
(B) 
Exposed spot lights, exterior neon tubing, and exposed electrical conduits;
(C) 
Canvas materials (except awnings);
(D) 
Painted plywood background;
(E) 
Other materials that provide the same finish appearance as the materials listed in this subsection.
(5) 
Trademarks. The use of a company adopted or registered trademark may be permitted only if the size and location will not be in substantial conflict with the architectural design of the building and/or the approved sign or sign program lettering style and colors.
(6) 
Illumination. The illumination of sign copy shall be limited as follows:
(A) 
External illumination. External illumination where the sign copy is either illuminated by an external light source that illuminates the sign copy or by backlighting where the illumination of the sign is from a light source internal to the sign copy (letters) and where the light is projected onto the wall surface upon which the sign is attached. External light sources are to be integrated into the architectural or landscape features of a project such that it is not generally visible to the general public from the public right-of-way. External illuminated signs shall have subdued lighting. The use of halogen as a light source shall be prohibited.
(B) 
Internal illumination. Sign copy may use internal illumination where the specific sign copy lettering uses translucent material and the only portion of the sign copy that is illuminated is limited to the actual lettering and/or a company adopted or registered trademark or logo. Internal illumination in the TC (Town Center) and TCE (Town Center Edge) zones requires approval of the Community Development Director who may refer to the Design Review Committee and/or Planning Commission for approval.
(C) 
Lighting intensity. Lighting shall be subdued and provide the minimum intensity for reading the sign at any given time. Lighting on signs between sunset and sunrise may be required to include ambient light monitors to limit or adjust brightness, timers to turn off sign lighting, or certification for sign specifications by the sign manufacturer or contractor. Controlling and monitoring lighting intensity shall be subject to review of the Community Development Director who may refer to the Design Review Committee and/or Planning Commission.
(7) 
Calculating sign area and sign height. Calculations for sign area and height of specific signs shall be as set forth below.
(A) 
Generally. Unless otherwise noted in this section, the sign area and sign height shall be calculated as provided below.
(i) 
Sign area.
a. 
The sign area shall be determined by drawing a rectangular box, four sides connected by four right angles, around the periphery of the sign face and calculating the area of the rectangular box. The area of the rectangular box will be equal to the sign face’s greatest height multiplied by the sign face’s greatest width, as shown in Figure 3-7.
b. 
For a double-faced sign, aggregate area of both faces count towards the sign area.
(ii) 
Sign height. The sign height shall be measured from the topmost edge of the sign face to the finished grade at the base of the sign.
(B) 
Freestanding monument signs. For a freestanding monument sign, the sign area and sign height shall be calculated as provided below.
(i) 
Sign area. The sign area of a free standing monument sign shall be calculated based on the sign copy area.
a. 
The sign copy area is determined by drawing a rectangular box, four sides connected by four right angles, around each individual word, number, or image of the sign copy, and calculating the aggregate area of the rectangular boxes, as shown in Figure 3-5.
b. 
If the copy area includes upper-case and lower-case letters, then the sign copy area is determined by boxing around individual letter ascenders and descenders for each individual word of the sign copy, and calculating the aggregate area of the boxes, as shown in Figure 3-6.
c. 
For a freestanding monument sign that is double-sided, a sign area limit applies to each face individually, not in the aggregate.
(ii) 
Sign height. The sign height of a free standing monument sign shall be measured from the topmost edge of the sign face to the finished grade at the base of the sign, as shown in Figures 3-5.
Figure 3-5. Freestanding Monument Sign
-Image-14.tif
(C) 
Building-mounted signs, flush. For a building-mounted sign that is flush against the building, the sign area and sign height shall be calculated as provided below:
(i) 
Sign area. The sign area of a building-mounted sign that is flush against the building shall be calculated based on the sign copy area.
a. 
The sign copy area is determined by drawing a rectangular box, four sides connected by four right angles, around each individual word, number, or image of the sign copy, and calculating the aggregate area of the rectangular boxes, as shown in Figures 3-5 and 3-6.
b. 
If the copy area includes upper-case and lower-case letters, then the sign copy area is determined by boxing around individual letter ascenders and descenders for each individual word of the sign copy, and calculating the aggregate area of the boxes, as shown in Figure 3-6.
(ii) 
Sign height. The sign height of a building-mounted sign that is flush against the building shall be measured from the topmost edge of the topmost letter to the finished grade at the base of the building wall, as shown in Figure 3-6.
Figure 3-6. Building-Mounted Signs (Flush)
-Image-15.tif
(D) 
Building-mounted signs, projecting. For a building-mounted sign that is projecting from the building, the sign area and sign height shall be calculated as provided below:
(i) 
Sign area.
a. 
The sign area shall be determined by drawing a rectangular box, four sides connected by four right angles, around the periphery of the sign face and calculating the area of the rectangular box. The area of the rectangular box will be equal to the sign face’s greatest height multiplied by the sign face’s greatest width, as shown in Figure 3-7.
b. 
For a building-mounted sign that is projecting from the building and is double-faced, the aggregate area of both faces count towards the sign area.
(ii) 
Sign height. The sign height of a building-mounted sign that is projecting from the building shall be measured from the topmost edge of the sign face to the finished grade at the base of the sign.
Figure 3-7. Building-Mounted Signs (Projecting)
-Image-16.tif
(8) 
Noncommercial signs. Notwithstanding any other provision of this Article, noncommercial signs are allowed in all zoning districts and may be substituted for any sign expressly allowed. Noncommercial signs are subject to the same standards and total maximum allowances per site or building of each sign type specified in this section.
(9) 
Placement. Signs shall not be posted, placed or displayed in a manner that creates a safety hazard, including, but not limited to, by obstructing the flow of vehicular, bicycle or pedestrian traffic or the visibility of vehicular, bicycle or pedestrian traffic, street signs, signals, or emergency equipment.
(c) 
Sign permit required. Unless specifically exempted by subsection (f) of this section, it is unlawful for any person to erect, alter or relocate any sign within the City, or to direct or authorize another person to do so, except pursuant to a sign permit. Review procedures for sign permits are set forth in Section 9-2.343(b). No permit shall be required for repainting, cleaning, or other normal maintenance and repair of a sign unless the structure, design, color or character is altered.
(d) 
Sign programs. A sign program shall be included in the application for review of any discretionary entitlement that proposes new nonresidential office, commercial, service, industrial, and developments with outdoor display and sales. Automobile dealerships may submit sign programs at its [their] discretion. Review procedures for sign programs are set forth in Section 9-2.343(c).
(e) 
Prohibited signs. In addition to any sign not conforming to the provisions of this chapter, the following signs are prohibited:
(1) 
Signs mounted on or above roofs;
(2) 
Signs which incorporate moving, flashing or vibrating components, smoke intermittent lighting or other similar attractive characteristics, including signs manipulated by individuals. This prohibition does not include non-commercial signs that are carried, but not otherwise manipulated by individuals;
(3) 
Signs in public right-of-way, except as authorized pursuant to Title 7, Chapter 9, “Temporary Signs”;
(4) 
Signs which are placed on or written on a vehicle providing direction where the vehicle is parked in such a way as to promote or advertise, whether on public or private property;
(5) 
Off-site signs except directional signs or signs that have been permitted by the Planning Commission pursuant to an approved sign program;
(6) 
Billboards and mobile billboards;
(7) 
Flags, streamers, pennants and other similar attraction devices except as permitted under Section 9-3.547(b)(4)9-3.547(b)(4), Special activity permits for car dealers;
(8) 
Balloons and any inflatable signs;
(9) 
Signs which are installed on any public utility installation, utility pole, or tree on public or private property;
(10) 
Signs which resemble or conflict with any traffic control devices or interfere with the flow of traffic;
(11) 
Signs which create a safety hazard by obstructing the clear view of pedestrian or vehicular traffic per Section 9-3.559, Visibility at intersections/driveways;
(12) 
Exposed neon signs exceeding four square feet in area;
(13) 
Spot lights and search lights, except as part of an approved community event or as approved by the Community Development Director;
(14) 
Any sign placed or maintained that interferes with free ingress or egress from any door, walkway, window or fire escape;
(15) 
Signs erected on public or private property without the permission of the property owner;
(16) 
Signs visible from the public street or parking lot attached to or placed on merchandise or materials stored or displayed outdoors except for parking lot sales;
(17) 
Any sign displaying obscene, indecent or immoral matter as defined in the California Penal Code;
(18) 
Signs on awnings or canopies, except on the valance;
(19) 
Any signs that are tacked, nailed, posted, pasted, glued or otherwise affixed to trees, poles, stakes, fences or the exterior of a building or other structure, unless otherwise expressly allowed by this Code;
(20) 
Bench commercial signs.
(f) 
Signs exempt from a permit. The following signs shall be allowed without a sign permit and shall not be included in the determination of type, number or area of signs allowed on a building or parcel except as otherwise specified below. These signs, however, are subject to the general design standards outlined in this section, as well as any additional standards set forth in this subsection (f).
(1) 
Flags. A maximum of one flag each, not exceeding 40 square feet in area per flag for nonresidential zones and 24 square feet for residential zones.
(2) 
Temporary noncommercial signs.
(A) 
General design standards.
(i) 
Area per sign. A single temporary noncommercial sign shall not exceed nine square feet in area. The sign may be single or double-faced.
(ii) 
Height per sign. If freestanding, the temporary noncommercial sign shall not exceed six feet in height. If mounted to a building, the temporary noncommercial sign must be below the roof eves.
(B) 
Aggregate area and timing.
(i) 
A property owner may place a maximum aggregate of nine square feet of area of temporary noncommercial signage on the property for one period of 45 days per year.
(ii) 
During 90 days prior to and seven after a local, State, or national election, a property owner may place temporary noncommercial signage on the property as follows:
a. 
For residential property, 63 additional square feet of area; and
b. 
For nonresidential property 81 additional square feet of area.
(3) 
Real estate sale or lease signs (not including banners).
(A) 
During the period in which property is offered for sale or lease and seven days after the sale or lease of the property is executed, one property sale or lease sign is allowed on each 600 lineal feet of street frontage of the property.
(B) 
Such sign may be single- or double-faced and is limited in area to:
(i) 
Not more than nine square feet for lots less than one acre,
(ii) 
Not more than 16 square feet for lots more than one acre, and
(iii) 
Not more than 32 square feet for lots immediately adjacent to the I-5 Freeway. The Development Services Director may approve a sign up to 60 square feet adjacent to the I-5 Freeway, if unique visibility conditions exist.
(4) 
Temporary signs on produce stands. Temporary signs on produce stands that do not exceed an aggregate 64 square feet and located within 100 feet of the produce stand, with individual signs not exceeding 32 square feet in area.
(5) 
Temporary signs placed in the public right-of-way pursuant to Chapter 9 of Title 7 of the Municipal Code, Temporary Signs.
(6) 
Government required signs.
(A) 
Government and legally required posters, notices, and signs. Such signs may be located off site.
(B) 
Development application signs. Signs posted on properties for discretionary applications set forth by City Council Resolution 07-09-04-01 as may be amended.
(C) 
Environmental signs. Signs that must be posted in accordance with a mitigation measure adopted pursuant to the California Environmental Quality Act or as a condition of approval for a specific development application.
(D) 
“No Trespassing” sign. “No trespassing” signs allowed or required by the California Penal Code shall not exceed one square foot in size, placed at each corner or entrance to the property and at intervals of not less than 50 feet.
(7) 
Hazards and safety signs.
(A) 
Signs that warn of construction, excavation or similar hazards so long as the hazard exists;
(B) 
Traffic and safety signs including signs of public utility agencies and construction contractors serving as directional or safety aids (may be illuminated). Examples include street signs, freeway off-ramp signs, and roadwork signs.
(8) 
Residential signage. Residential signage, such as nameplates, that does not exceed two square feet in area;
(9) 
Professional occupation signage. Professional occupation signage, such as and nameplates, that does not exceed one per tenant, and does not to exceed two square feet.
(10) 
Memorial signs and tablets. Memorial signs and tablets permanently installed at building sites, which denote a noncommercial message, shall not exceed six square feet in area.
(11) 
Vehicle signs. Vehicle signs painted directly on vehicles indicating the name of the establishment using the vehicle. For the purpose of this section, a vehicle sign may include text or trademark logo, but shall not include directional arrows or similar graphics.
(12) 
Menu board signs. Menu board signs (permanent) building mounted that do not exceed four square feet in area (may be illuminated) and only one per entrance.
(13) 
Gasoline pump, telephone booth, and news rack. Any sign on a gasoline pump, telephone booth, and news rack, provided the sign identifies only the product contained therein, or displays operating instructions, and the lettering does not exceed four inches in height.
(14) 
Residential event signs. On residential property, a sign denoting a one-time event, such as a garage sale, on the residential property may be may be posted no more than 24 hours before the one-time event, shall be removed no more than 24 hours after the event, and may be posted for not more than 72 hours. A one-time event sign shall have a sign area not to exceed three square feet.
(g) 
Sign standards by type and zoning district. The maximum size of signs and height provisions for various signs in various zoning districts are set forth in Table 3-42. Signs and/or illumination of signs that are visible from City entry ways and view corridors (i.e., Camino Capistrano, Rancho Viejo Road, Ortega Highway and the I-5 Freeway) may be referred to the Planning Commission as determined by the Community Development Director.
 
Zone Districts
(1)
Residential Zones
 
(A)
RA—Residential Agriculture
 
(B)
HR—Hillside Residential
 
(C)
RSE 40,000—Single-Family 40,000
 
(D)
RSE 20,000—Single-Family 20,000
 
(E)
RS 10,000—Single-Family 10,000
 
(F)
RS 7,000—Single-Family 7,000
 
(G)
RS 4,000—Single-Family 4,000
 
(H)
RG 7,000—Residential Garden 7,000
 
(I)
RG 4,000—Residential Garden 4,000
 
(J)
RM—Multiple-Family
 
(K)
AF/SH—Affordable Family/Senior Housing
 
(L)
MHP—Mobile Home Park
(2)
Commercial Zones
 
(A)
TC—Tourist Commercial
 
(B)
NC—Neighborhood Commercial
 
(C)
GC—General Commercial
 
(D)
OC—Office Commercial
(3)
Industrial Zones
 
(A)
CM—Commercial Manufacturing
 
(B)
IP—Industrial Park
 
(C)
A—Agri-Business
(4)
P&I—Public & Institutional Zones
(5)
Open Space Zones
 
(A)
GOS—General Open Space
 
(B)
OSR—Open Space Recreation
 
(C)
NP—Neighborhood Park
 
(D)
CP—Community Park
 
(E)
SP—Specialty Park
 
(F)
RP—Regional Park
 
(G)
NOS—Natural Open Space
 
(H)
RC—Recreation Commercial
(6)
FM—Farm Market
(7)
SP/PP—Specific Plan/Precise Plan
(8)
PC—Planned Community
(9)
CDP—Comprehensive Development Plan
(10)
SWF—Solid Waste Facility
Note:
*
For discretionary projects see sign program pursuant to Planning Commission and/or Design Review Committee standards Section 9-3.543(d).
Table 3-42
Sign Standards
Type of Sign
District/ Land Use
Maximum Height (in no case above eaves)
Maximum Area (square feet)**
Max. Aggregate Area/Notes**
Awning signs
Commercial Districts
Min. 7 ft. above sidewalk
18
18 sq. ft. or 30% of valance area, whichever is less.
Building-mounted (wall) signs*** (flush)
TC, GC, NC, RC, OSR, P&I
25 ft. above grade
18 sq. ft. per tenant plus 1 project identification sign or major tenant sign per building, with a sign area equal to 1 square foot for every lineal foot of wall area where the sign is to be placed, up to a maximum of 50 sq. ft.
24 sq. ft. per wall exposure per individual tenant. Sign placement for tenants shall be on the same wall exposure as the tenant’s main entry whenever feasible. Change of copy signs where the sign area or support structures are not altered may be approved administratively.
CM, IP
25 ft.
60
80 sq. ft. per exposure per elevation (side).
OC
25 ft.
18 sq. ft. per tenant plus 1 project identification sign or major tenant sign per building, with a sign area equal to 1 square foot for every lineal foot of wall area where the sign is to be placed, up to a maximum of 50 sq. ft.
18 sq. ft. per wall exposure per tenant. Signs for tenants shall be encouraged on the same wall exposure as the tenant’s main entry whenever feasible. Change of copy signs where the sign area or support structures are not altered may be approved administratively.
Building-mounted signs (projecting, hanging or suspended)
All Districts
15 ft.
8
Included as aggregate for building-mounted (flush). Shall be minimum 7 ft. above grade.
Banners (promotional and grand opening)
Nonresidential Districts
 
 
Maximum of 1 temporary sign per tenant or suite (not including subleases) not to exceed 48 sq. ft., nor to exceed 45 days a year, 1 time only. Banners shall only be mounted on building façades. Community Development Director may extend time limits for a temporary business banner is displayed with a signed contract that states when a permanent sign will be completed. Time extensions shall not include promotional banners.
Construction signs (major)
All Districts
8 ft.
16
Sites more than 10,000 sq. ft.
Construction signs (minor)
All Districts
4 ft.
6
Sites less than 10,000 sq. ft..
Directory signs
All Districts
 
12
Letters shall not exceed 6 in. in height.
Memorial signs and tablets
 
 
6
 
Menu/order board signs (permanent) Drive-through menu boards
 
 
At the discretion of the Planning Commission, but in no event greater than 45 sq. ft. per menu/order board.
A maximum of 2 menu/order boards are permissible subject to Planning Commission review of a sign program and subject to the final discretion of the City Council. Drive-through directional signs shall not count towards the menu board aggregate area.
Monument signs* (freestanding)
TC
6 ft. height
24
Multiple signs may exceed maximum area requirements for separate entries with adequate separation subject to Planning Commission approval.
GC, NC, CM, IP, OC, P&I
6 ft. height
60
 
Auto Dealership
25 ft. height
60
 
Murals (artistic proposals not classified as wall signs)
Nonresidential Districts
 
48
See Section 9.3-543.
Flags
Nonresidential Districts
35 ft. height
40
1 per parcel.
Residential Districts
20 ft. height
24
 
Noncommercial signs (on-site)
Nonresidential Districts
 
 
 
Noncommercial temporary signs
All Districts
6 ft. height
9
Additional signage available during certain periods of time. See Section 9.3- 543(f)(2).
Permanent window signs
Commercial and Industrial Districts
 
 
Not to exceed 25% of the window area.
Permanent neon window signs
 
 
4
 
Portable signs
Nonresidential Districts
4 ft., 6 in.
5
Maximum 1 portable sign per tenant on sidewalks of private property, a foyer, portico or other building entry, within 50 ft. of tenant main entrance. May be displayed only during business hours. Shall be professionally designed, fabricated and maintained. The Community Development Director may approve 1 sign for tenants not visible from right-of-way within 50 ft. of the main entrance, otherwise Planning Commission approval is required.
Professional occupation signage
 
 
2
1 per tenant space.
Public and institutional temporary banners
P&I
Maximum 15 ft. above grade.
48 sq. ft.
Maximum of 1 banner sign per street frontage not to exceed 48 sq. ft. or 1 per public street, private street, or railroad right-of-way; A banner program shall be submitted to the City on an annual basis, memorializing the proposed banners to be used throughout the year; Shall only be placed onto the perimeter fence/wall or building façade adjacent to the public street, private street, or railroad right-of-way; Cannot be placed over or extending into the public rights-of-way, onto trees or landscaping, light standards.
Real estate sale or leasing signs
All Districts
 
9 sq. ft. for lots less than 1 acre
 
 
 
16 sq. ft. for lots more than 1 acre
 
 
 
32 sq. ft. for lots adjacent to the I-5 Freeway. The Development Services Director may approve a sign up to 60 sq. ft. adjacent to the I-5 Freeway, if unique visibility conditions exist.
 
Residential signage
 
 
2
Not more than 1 per residence.
Service station signs
Nonresidential Districts
Please refer to Section 9-3.541 Service and fuel dispensing stations.
 
 
Subdivision signs (permanent)
Residential and PC Districts
6 ft.
24
48 sq. ft. per project entry, maximum 2 signs per entry.
Subdivision signs (temporary)
Residential and PC Districts
12 ft.
32
64 sq. ft. per subdivision, over 64 sq. ft. requires Community Development Director approval.
Temporary signs on produce stand
 
 
32
64 sq. ft. located within 100 ft. of the produce stand or less.
Temporary signs in public right-of-way
 
3 ft. if within 100 ft. of an intersection; 6 ft. if 100 ft. or more away from an intersection.
6 sq. ft. if within 100 ft. of an intersection; 9 sq. ft. if 100 ft. or more from an intersection.
 
Temporary business signs
 
 
 
Maximum 45 days pending construction of permanent signs. The Community Development Director may extend time limits with a signed contract that states when a permanent sign will be completed.
Temporary window signs
 
 
 
Not to exceed more than 25% of the total window area.
Theater attraction signs
 
 
 
Requires Planning Commission review.
Vehicle signs
 
 
 
Painted directly on the vehicle. May include text, trademark or logo. Temporary signs shall not be affixed to the vehicle or used for directional signage.
Notes:
*
Only one permanent freestanding monument sign per street frontage shall be permitted for individual establishments or shopping centers. Establishments within shopping centers are not permitted individual freestanding signs. Two freestanding signs may be permitted if located on either side of a main project entry, provided their aggregate square footage does not exceed 60 square feet. The Planning Commission shall determine the most appropriate illumination, if any, that is in character with the building architecture and mitigates potential light impacts on properties in the vicinity. Hours of sign illumination may be limited by the Planning Commission.
**
Individual establishments, multi-tenant commercial and industrial centers, etc., may exceed the maximum allowable square footage provided the sign area is determined by the Community Development Director to be in scale with the building portion of the tenant, however in no instance shall the sign face exceed the maximum permitted above 2% of the building elevation portion occupied by the tenant, whichever is greater. If the Community Development Director finds that the sign is not in scale with the building elevation, the request is to be referred to the Planning Commission.
***
All signs subject to approval by the Community Development Director may be referred to the Planning Commission.
(h) 
Signs requiring Planning Commission review. Notwithstanding the requirements of Section 9-2.343(b)(1)9-2.343(b)(1), the following signs require Planning Commission review prior to issuance of a sign permit. The Community Development Director shall have the authority to require all applicable materials to deem an application complete to be forwarded to the Planning Commission.
(1) 
Monument (freestanding) signs;
(2) 
Murals;
(3) 
Theater marquees;
(4) 
Electronic message centers;
(5) 
Sign programs for discretionary project applications;
(6) 
Freeway signs;
(7) 
Drive-thru menu boards;
(8) 
Outdoor inventory sellers;
(9) 
Community Development Director may refer any sign to the Planning Commission.
(i) 
General design criteria. This section is intended to be used in conjunction with other standards contained in these sign regulations. In no case may the maximum number or size of signs, or their illumination levels exceed standards provided by this title.
(1) 
Building mounted (flush) signs (wall signs).
(A) 
General design criteria: Building mounted (wall) signs shall comply with the following design criteria:
(i) 
Include channel letters made out of wood, metal, plastic or other acceptable material;
(ii) 
Be painted on a wall, or on a board that is attached to a wall with approved materials pursuant to Section 9-3.543(b)(3)9-3.543(b)(3);
(iii) 
Should be oriented to achieve balanced composition and harmony with other architectural elements of a building façade.
(iv) 
Shall be placed on a flat building surface and not be placed over or otherwise obscure architectural building features.
(B) 
Location and number permitted. Wall signs must be located on a building face that has a public entrance, if feasible. The maximum number of wall signs permitted shall not exceed one per building exposure (wall).
(C) 
Size. Wall signs may be a maximum of 18 square feet each or aggregate 24 square feet and shall in no case exceed 2% of the building face as determined by the Community Development Director.
(D) 
Illumination. Illumination shall occur in accordance with Section 9-3.543(b)(6)9-3.543(b)(6).
(E) 
Zoning. Wall signs are allowed in TC, GC, NC, RC, OSR, P&I, CM, IP, OC zoning districts.
(2) 
Monument (freestanding) signs.
(A) 
General design criteria. Monument signs shall comply with the following design criteria:
(i) 
Be used to identify tenants when building setbacks, orientation or design make it difficult to provide other types of signage, such as wall signs, that are plainly visible to people that are trying to identify a use. The primary function is to provide project or tenant identification.
(ii) 
Shall have a solid base that the sign face is installed upon.
(iii) 
Shall be designed so that the style of the sign and its base are consistent with the architecture of the buildings on the site.
(iv) 
Monument signs shall include landscaping at the base to enhance their appearance.
(B) 
Location and number permitted. Monument signs may be located in required setback areas for any given zone, subject to the approval of the Planning Commission, as provided for in Section 9-3.543(h)(1)9-3.543(h)(1) of these regulations. Only one monument sign is permitted per street frontage. Except, shopping centers or multiple tenant centers may have two monument signs, one sign on each side of the main entrance drive access.
(C) 
Size. Monument signs may be a maximum of the area and height identified in Table 3-42. Sign area is calculated pursuant to Figure 3-5.
(D) 
Illumination. Illumination shall be in accordance with Section 9-3 543(b)(6).
(E) 
Zoning. Monument signs are allowed in all commercial, industrial and public and institutional zones.
(3) 
Building mounted (projecting) signs.
(A) 
General design criteria. Building mounted (projecting) signs shall comply with the following design criteria:
(i) 
Be attached to a building face and project out perpendicular to the building wall and oriented to pedestrians on the sidewalk level.
(ii) 
Sign and sign text shall use appropriate materials including wood and metal with carved or applied lettering or design features, or other material that is architecturally compatible with the building that the sign is attached to.
(iii) 
Multiple projecting signs should not be installed within 10 feet of each other if on the same property and should be separated from projecting signs on adjacent properties by a minimum of 10 feet to ensure proper visibility.
(B) 
Location and number. A minimum clearance of seven feet must be maintained above the public right-of-way or private sidewalk area. One projecting sign is allowed per tenant space.
(C) 
Size. Projecting signs may have a maximum area of eight square feet.
(D) 
Illumination. Illumination shall occur in accordance with Section 9-3.543(b)(6)9-3.543(b)(6).
(E) 
Zoning. Projecting signs may be allowed in all zoning districts.
(4) 
Building mounted (hanging and suspended) signs.
(A) 
General design criteria. Building mounted (hanging and suspended) signs shall comply with the following design criteria:
(i) 
Hanging signs, or suspended signs, are used to help define entries and identify business names to pedestrians and can be particularly useful for storefronts that have multiple tenants.
(ii) 
Hanging signs are small and can hang over or adjacent to a building entry.
(B) 
Location and number. A minimum clearance of seven feet must be maintained above any public right-of-way or private sidewalk area. One hanging or suspended sign is allowed per tenant space.
(C) 
Size. Hanging signs may have a maximum area of eight square feet.
(D) 
Illumination. Illumination shall occur in accordance with Section 9-3.543(b)(6)(A)9-3.543(b)(6)(A).
(E) 
Zoning. Allowed in all zoning districts.
(5) 
Window (permanent) signs.
(A) 
General design criteria. Window (permanent) signs shall comply with the following design criteria:
(i) 
Be scaled to the pedestrian and oriented to window shoppers on the sidewalk, as opposed to passing vehicles.
(ii) 
Be limited to small graphics and text that serve to frame a window or to provide information.
(iii) 
Shall not obscure the view into a store or place of business.
(B) 
Location and number. There is no specific location requirement or limit to the number of window signs allowed.
(C) 
Size. Permanent window signs shall not exceed 25% of the window area.
(D) 
Illumination. Illumination shall be in accordance with Section 9-3.543(b)(6)9-3.543(b)(6).
(E) 
Zoning. Permanent window signs are allowed in all commercial and industrial zoning districts.
(6) 
Awning signs.
(A) 
General design criteria. Awning signs shall comply with the following design criteria:
(i) 
Be limited to the valance of the awning and not on the awning face.
(B) 
Location and number. Signs may be located on awning subject to size criteria. One awning sign may be permitted per tenant space and must maintain a minimum clearance of seven feet above any public right-of-way or private sidewalk area.
(C) 
Size. Signs on awnings shall not cover more than 30% of the valance area of the awning, or exceed 18 square feet in size, whichever is less.
(D) 
Illumination. Illumination shall be in accordance with Section 9-3.543(b)(6)(A)9-3.543(b)(6)(A).
(E) 
Zoning. Awning signs may be located in all commercial zones. Installation of new awnings is subject to architectural control review.
(7) 
Portable signs (including sandwich boards, A-frames, etc.).
(A) 
General design criteria. Portable signs (including sandwich boards, A-frames, etc.) shall comply with the following design criteria:
(i) 
May have rewritable surfaces, such as chalkboards or dry-erase boards.
(ii) 
Shall be professionally designed, fabricated and maintained.
(iii) 
Shall be restricted for display only during business hours.
(iv) 
Shall require a sign permit.
(B) 
Location and number. Portable signs are prohibited in the public right-of-way and may only be placed on the sidewalks of private property, a foyer, portico or other building entry provided they do not interfere with pedestrian ingress or egress as required by the California Building Code. Only one portable sign may be permitted per tenant space located within 50 feet of the tenant main entrance. The Community Development Director may approve one portable sign for tenants not visible from the right-of-way within 50 feet of the tenant main entrance, otherwise Planning Commission approval is required.
(C) 
Size. Portable signs may have a maximum area of five square feet and a maximum height of four feet six inches, measured from the ground to the top of the sign structure.
(D) 
Illumination. Portable signs shall not be illuminated.
(E) 
Zoning. Portable signs may be allowed in all nonresidential zoning districts.
(8) 
Murals.
(A) 
Noncommercial. Murals shall not contain text or any specific commercial message, shall be strictly an artistic expression and shall not be used for advertising purposes, otherwise they are classified as a wall sign. Mural proposals which are classified as a wall sign shall conform to the design standards applicable to wall signs.
(B) 
General design criteria. Murals shall comply with the following design criteria:
(i) 
No part of a mural shall exceed the height of the structure to which it is tiled, painted or affixed.
(ii) 
No part of a mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted or affixed.
(iii) 
No part of a mural shall exceed a height of the first floor or 15 feet above grade.
(iv) 
No mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message).
(v) 
No mural, except for murals consisting completely of paint, shall be placed over the exterior surface of any building opening, including, but not limited to, windows, doors and vents. Notwithstanding the foregoing, a mural consisting of paint or any other material may be placed on roll down security doors on a commercial or industrial building.
(C) 
Location and number. Murals may be located on any building wall. There is no specific limit on the number of murals permitted.
(D) 
Size. Murals may not exceed, in the aggregate, 48 square feet per building wall.
(E) 
Illumination. May be externally illuminated in accordance with Section 9-3.543(b)(6)9-3.543(b)(6).
(F) 
Zoning. Murals may be located in nonresidential zoning districts.
(9) 
Residential subdivision signs (permanent).
(A) 
General design criteria. Residential subdivision signs (permanent) shall comply with the following design criteria:
(i) 
The purpose of residential subdivision signs is to identify the name of a subdivision.
(ii) 
Are usually freestanding monument signs or building mounted wall signs placed on a wall feature in a landscaped open space area at the entry of the development.
(B) 
Location and number. Two residential subdivision signs are allowed at each project entry of a subdivision. The signs shall be located within a landscaped area.
(C) 
Size. Each sign shall not exceed 24 square feet with an aggregate area not exceeding 48 square feet. Freestanding signs shall not exceed six feet in height from grade.
(D) 
Illumination. Illumination shall be in accordance with Section 9-3.543(b)(6)(A)9-3.543(b)(6)(A).
(E) 
Zoning. Residential subdivision signs are allowed in all residential and Planned Community zones.
(10) 
Directory signs.
(A) 
General design criteria. Directory signs shall comply with the following design criteria:
(i) 
Are used for multi-tenant buildings to provide a directory of tenant locations within the building.
(ii) 
May serve as the address sign for the property.
(iii) 
Small scale and are oriented to pedestrians.
(B) 
Location and number. Directory signs may be freestanding or may be fixed on an exterior wall if the building has no setback. One directory sign may be permitted per building.
(C) 
Size. Directory signs shall be no larger than 12 square feet in area, and individual letters shall not exceed six inches in height.
(D) 
Illumination. Illumination shall be in accordance with Section 9-3.543(b)(6)9-3.543(b)(6).
(E) 
Zoning. Directory signs are allowed in all zoning districts.
(j) 
Temporary signs. The following signs shall be deemed temporary subject to development standards, time limitations and permits.
(1) 
Banners (temporary business promotional). One banner not exceeding 48 square feet in area may be permitted per tenant or suite (not including subleases) for one time only, for a maximum of 45 days per calendar year. The Community Development Director may extend the time limit a temporary business identification banner is displayed with a signed contract that states when a permanent sign will be completed. Time extensions shall not include promotional banners. Banners shall require a sign permit. Banners shall only be mounted on building façades.
(2) 
Business promotional (community-wide special events). The Community Development Director may approve banners within the public right-of-way for community-wide special events provided the street banner request meets the provisions of City Council Policy 419.
(3) 
Construction (major). On-site, major construction signs shall be permitted upon issuance of a building or grading permit for the project site that exceeds 10,000 square feet. The maximum allowable size for major construction signs is 16 square feet in area and eight feet in height, Such signs shall be removed prior to issuance of a certificate of use and occupancy for the project or the last phase of a project provided a valid building or grading permit has not expired.
(4) 
Construction (minor). On-site, minor construction signs on property less than 10,000 square feet shall be permitted. The maximum allowable size for minor construction signs is six square feet in area and four feet in height.
(5) 
Subdivision (temporary). Temporary subdivision signs shall be permitted and used to identify an approved residential subdivision for a project located in the City. Said signs shall be removed upon issuance of the last certificate of use and occupancy for units within the subdivision. For the purpose of this section, subdivision directional signs shall only be permitted for those residential subdivisions located within the City.
(6) 
Special activities. Special activities signs, under Section 9-3.547 Special Activities, shall be permitted. Signs and banners identifying the event may be placed on the site no earlier than 14 days prior to the designated activity and shall be removed within 48 hours after the special activity. Signs and banners shall not exceed 48 square feet in area or six feet in height.
(7) 
Temporary window/door signs. Temporary window/door signs shall not exceed 25% of the total window area. For the purpose of this section, total window area shall mean the total square footage of window area located on a specific building elevation for which the temporary sign is located.
(8) 
Portable signs. Portable signs shall not exceed one sign per tenant, four feet six inches in height, or five square feet in area. Portable signs shall be professionally designed, fabricated and maintained, shall be restricted for display only during business hours, shall be placed on sidewalks on private property, foyer or portico of building entry not interfering with pedestrian access, and shall be located within 50 feet of the tenant main entrance. The Community Development Director may approve one portable sign for tenants not visible from the right-of-way within 50 feet of the tenant main entrance, otherwise Planning Commission approval is required.
(9) 
Public and institutional temporary banners. Properties in the Public and Institutional Zones shall be allowed temporary banners as follows:
(A) 
A banner program shall be submitted to the City on an annual basis, memorializing the proposed banners to be used throughout the year. The program shall detail the following:
(i) 
Location of all banners,
(ii) 
Size of all banners,
(iii) 
Anticipated message on each banner,
(iv) 
Anticipated timeframe of the posting of each banner;
(B) 
A maximum of one banner per each public street, private street, or railroad right-of-way frontage;
(C) 
A maximum of one banner facing a public street, private street, or railroad right-of-way;
(D) 
Each temporary banner shall not exceed 48 square feet;
(E) 
Temporary banners shall only be placed onto the perimeter fence/wall or building façade facing and/or adjacent to the public street, private street, or railroad right-of-way. Temporary banners cannot be placed over or extending into the public rights-of-way, onto trees or landscaping, light standards or higher than 15 feet above adjacent grade;
(F) 
Temporary banner shall be removed within seven days of the conclusion of event or special announcement;
(G) 
Any temporary banner sign exceeding the standards listed above shall require application of a sign program to be reviewed and approved by the Planning Commission and possibly review by the Design Review Committee prior to issuance of a banner sign permit;
(k) 
Exceptions. Exceptions to the standards set forth in this section may be granted by the Planning Commission. In order to grant an exception, the Planning Commission shall make all of the following findings:
(1) 
The sign complies with all other applicable criteria of this section;
(2) 
The scale of the sign will be in harmony with the architectural design for the building which it will serve;
(3) 
The sign will not create a hazard to other adjacent properties or tenants.
(l) 
Revocation sign permit. Any permit issued under this chapter may be revoked by order of the Planning Commission.
(1) 
Grounds. The Planning Commission must determine subject to substantial evidence that one of the following exists:
(A) 
The permit was issued without or in excess of the authority provided in this chapter.
(B) 
The application for permit contained any misrepresentation of fact.
(C) 
The sign has been installed inconsistent with or contrary to approved sign plans.
(2) 
Hearing. Prior to revoking a sign permit, the Planning Commission shall hold a hearing concerning said revocation. Written notice of said hearing shall be given to the permittee not less than 10 days prior to the date of the hearing. Following the hearing, if the Planning Commission revokes the sign permit, it shall adopt findings setting forth the basis for its decision. The findings shall be mailed to the permittee.
(m) 
Appeals. The applicant or any interested person may appeal decisions concerning sign permit applications pursuant to Section 9-2.311 of the Municipal Code.
(n) 
Enforcement and penalties.
(1) 
Temporary signs. This section applies to any temporary sign described in Section 9-3.543, subsection (f)(2) or subsection (j).
(A) 
Temporary signs which obstruct the visibility of traffic, street signs, signals or emergency equipment and are determined by the Community Development Director to pose a hazard to public safety, are subject to immediate removal by City employees. Temporary signs removed in accordance with this subsection shall be stored and the owner notified pursuant to subsection (n)(1)(C).
(B) 
Temporary signs placed in the public right-of-way are subject to the removal provisions set forth in Chapter 9 of Title 7 of this Municipal Code.
(C) 
Any temporary sign that is improperly marked, affixed, or otherwise illegally located, is subject to removal by City employees upon 24 hour notice. A notice of removal will be affixed to the illegal sign during this 24 hour period. A reasonable attempt will be made to notify the sign owner of the violation and the need to remove the illegal sign. An owner of an illegal temporary sign given notice to remove the sign may file a written request for an administrative hearing by the Community Development Director, if he or she disputes whether the sign is illegal. This written request must be filed prior to the expiration of the 24 hour period of notice. The sign will not be removed until the administrative hearing is conducted. The Community Development Director must hold an administrative hearing within 72 hours of receipt of written request to consider whether the sign is illegal. If the Community Development Director finds that the sign does not meet all applicable requirements of this Code for temporary signs, the owner shall remove the sign within 24 hours. If the sign is not removed, the City will cause the sign to be removed and it will be stored at City offices for a period of 10 days. If the sign is not retrieved by the owner within 10 days, the sign will be destroyed or disposed of by the City.
(D) 
Removal of a sign, when authorized by this Code, may be done by officers of Police Services, Building Inspectors, Planners, or by a Code Enforcement Officer.
(2) 
Other illegal or abandoned signs. This section applies to any other sign that is constructed, erected or installed in violation of this section; improperly maintained; abandoned; illegal; unsafe; or the sign permit has terminated, been revoked or is otherwise in violation of this section. An “abandoned sign” shall mean any sign remaining in place or maintained for a period of 90 days which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the sign is located.
(A) 
Notice of violation. Where it is determined that a sign is illegal or abandoned, the Community Development Director, or designee, shall mail or deliver notice to the owner of the sign. If the notice cannot be sent or delivered to the owner, then the notice shall be attached to the sign. The notice shall give the owner an opportunity to cure the violation or to appeal the City’s determination to remove without notice and shall include instructions for how to request a hearing or appeal. An invoice for costs may be included with the notice.
(B) 
Removal. If the City is required to remove any signs or if no response is made to a notice of violation within 10 days of mailing of the notice, the sign may be removed by the City. The sign will be stored by the City for a period of 30 days and may be reclaimed by the owner after the payment of all removal and storage costs. Any sign not reclaimed within such time, may be destroyed or disposed of by the City. In the event the responsible party does not reclaim the sign, or pay all fees assessed by the City, the City may recover its costs through the cost recovery mechanism identified in this section.
(C) 
Hearing.
(i) 
Unless stated otherwise in this section, any person who has received a notice and/or invoice pursuant to this section may request a hearing. Any hearing request must be in writing to the Community Development Director within 10 business days of the date of the mailing of the notice/invoice. The request for hearing must set forth the basis of such person’s objection.
(ii) 
Upon receipt of a request for a hearing, the Community Development Director shall set a hearing date before a hearing officer appointed by the City Manager within 30 days of receipt of the request for a hearing. The Director shall provide the person requesting the hearing at least five days’ advance notice of the hearing. The hearing date may be changed by mutual consent of the Community Development Director, the person requesting the hearing, and the hearing officer. At the hearing, the person requesting the hearing will have an opportunity to present evidence supporting his or her position.
(iii) 
Within 10 days following the conclusion of the hearing, the hearing officer shall render a written decision. A copy of this decision shall be promptly sent to the responsible party (also referred to as the “appellant”).
(iv) 
If no appeal is filed, the responsible party, within seven days, following the finality of the determination of the hearing officer, shall commence the repairs or improvements or removal ordered, and such work shall be completed within 30 days from the commencement thereof, unless otherwise agreed to by the Community Development Director.
(D) 
Penalties.
(i) 
Fines. A violation of this section may be punishable by fines up to the following amounts:
a. 
For a first violation, $100 for the first day of the violation plus $10 per day that the violation continues after the first day.
b. 
For the second violation within one year of the first violation, $200 for the first day of the violation plus $20 per day that the violation continues after the first day.
c. 
For the third and each subsequent violation within one year of the first violation, $500 for the first day of the violation plus $50 per day that the violation continues after the first day.
(ii) 
Nuisance. Notwithstanding any other provision of this section, any illegal or abandoned sign is declared a nuisance and may be abated pursuant to this Municipal Code.
(iii) 
In addition to the above, every violation of any provision of this section shall be punishable as set forth in Chapter 2 of Title 1.
(Ord. No. 869, § 2; Ord. No. 934, § 1, 2008; Ord. No. 960, § 1, 2009; Ord. No. 971, § 6, 2010; Ord. No. 996, § 2, 2012; Ord. No. 1012, § 2, 2014; Ord. No. 1065, § 4, 2019; Ord. No. 1082, § 19, 2021)
(a) 
Purpose. The purpose of this program is to establish specific measures that will provide financial resources and programs to assist in the correction of damages arising from slope displacement.
(b) 
Projects subject to program. “Significant residential development” covered by this program means all residential development proposals in hillside areas as defined by having natural slopes of greater than 10% consisting of: (1) 10 or more subdivision lots; or (2) any development which requires corrective grading to eliminate a potential slope or soils stability problem. Slopes subject to the provisions of this section are defined as follows:
(1) 
All designated common area landscape slopes maintained by a homeowners’ association who has been designated by the project CC&Rs responsibility for their maintenance;
(2) 
All manufactured slopes having a minimum height of five feet in vertical height;
(3) 
All natural slopes within 200 feet of individual lots, or within 150 feet if within the fuel modification zone.
(c) 
Program components. Each subdivision tentative map approval or other development requiring a land use entitlement covered by this title shall include conditions of approval implementing the following provisions. Said provisions shall be established and recorded prior to or concurrent with a final map or issuance of a grading permit whichever would occur first.
(1) 
Catastrophic soil displacement program element. The following standard condition of approval shall be applied to all residential subdivisions in the City that incorporate manufactured slopes of either a cut or fill nature within an area subject to this program:
(A) 
Type of remediation program. Prior to the issuance of a grading permit, the subdivider shall create a Geologic Hazard Abatement District authorized under Public Resources Code Section 26500 et seq. Said District upon creation shall be activated upon a subsidence occurrence per the definition in subsection (B) below.
(B) 
Definition of catastrophic coverage. Catastrophic soils subsidence is defined as displacement of a manufactured or natural slope at a depth greater than three feet with a vertical movement of one foot or more, regardless of cause.
(C) 
Covered repairs (short-term). The subdivider will make or cause to be made all repairs to correct any damages to individual lots and structures, or common/public improvements due to soils displacement at their sole expense for the first three years after completion of rough grading of the entire site or the close of escrow for all lots within the subdivision whichever is latter.
(D) 
Covered repairs (long-term). If a catastrophic displacement should occur subsequent to subsection (C) above, the Geologic Hazard Abatement District shall cover the cost of the actual repairs including damage to individual lots and structures, or common/public improvements due to soils displacement.
(E) 
Reserved rights clause. This clause shall be included in the formation of the Geologic Hazard Abatement District reserving the right of the subdivider, a homeowner association or the Geologic Hazard Abatement District to assert claims against any person or entity responsible in whole or in part for the displacement of soils covered by this section.
(F) 
Public disclosure of district formation. Public disclosure of the formation of the district shall be provided by a recorded document on the Grant Deed for all lots or parcels within the boundaries of the Geologic Hazard Abatement District. Furthermore, the California Department of Real Estate Report on the subdivision offering the lots or parcels for initial sale shall also include a disclosure statement for prospective buyers.
(2) 
Surficial soil displacement remediation program element. The following program elements shall be incorporated into CC&Rs for any residential subdivision applications subject to the provisions of this chapter to insure the long-term stability of subdivision slopes over the life of the project for surficial displacement:
(A) 
Definition of surficial coverage. “Surficial soils subsidence” is defined as displacement of a manufactured slope at a depth up to three feet with a vertical movement of one foot or more, regardless of cause. Soils subsidence does not include surface cracking and fissures, including desiccation cracks, or erosion (defined as the wearing away of surface of the slope, as opposed to movement of the slope, resulting from the force of water, wind, persons, or vehicles moving over the surface, unless erosion ultimately results in displacement). Surficial damage shall be considered catastrophic if due to the extent of movement, sufficient funds as required under subsection (D) following, are not available to repair the damage.
(B) 
Reserved rights clause. This clause is to reserve the right of the subdivider, a homeowner association or the Geologic Hazard Abatement District to assert claims against any person or entity responsible in whole or in part for the displacement of soils covered by this program.
(C) 
Covered repairs (short-term). The subdivider will make or cause to be made all repairs to correct any damage to individual lots, structures or public/private improvements soils displacement at their sole expense for the first three years after the completion of rough grading or the close of escrow for all lots within the entire subdivision whichever is latter.
(D) 
Covered repairs (long-term). A homeowners’ association shall be formed for all subdivisions subject to the City soils subsidence remediation program. The purpose of the Association is to insure the maintenance of a homeowner assessment fund which will collect and maintain a restricted fund to correct damage to individual lots, structures or public/private improvements due to soil displacement occurrences. Said restricted account is to be established prior to the issuance of the first grading permit for the subdivision. The subdivider is to deposit into the homeowners’ association restricted account, an initial amount as determined by the City. Regulation and use of the restricted account shall be in accordance with the following:
(i) 
Funds deposited into the homeowners’ association restricted account can only be used for actual costs associated with correcting soils displacement events as described above. The initial security shall be in such form and manner as to guarantee and secure the performance of the seller (subdivider) and shall consist of one of the following, at the option of the seller and with the approval of the City Council:
(a) 
Corporate sureties approved by the City Attorney;
(b) 
A deposit, either with a responsible escrow agent or trust company, of money or negotiable bonds of the kind approved for securing deposits of public moneys; or
(c) 
An instrument of credit, from one or more financial institutions subject to regulation by the State or federal government, pledging that the funds necessary to carry out the warranty program are on deposit and guaranteed for payment.
(ii) 
Special assessments shall be applied to all parcels within the subdivision. Said assessments shall commence on the initial close of escrow, pursuant to the regulations of the California Department of Real Estate. Said assessments shall be collected by the Homeowner Association until the account reaches a predetermined minimum as established by the City. The subdivider shall be able to withdraw its initial deposit provided the fund does not fall below 75% of the predetermined minimum. If a claim occurs during the period the developer is responsible, and the fund drops below the 75% level the developer shall restore the fund to the minimum 75% level.
(iii) 
If the amount in the account is less than the minimum amount as specified above at the conclusion of the initial time period (short-term), then the subdivider shall deposit sufficient funds to meet the minimum requirements.
(iv) 
Appropriate provisions shall be included in the homeowners’ association CC&Rs and in the grant deeds to grant an exclusive license to the subdivider or the Homeowner Association, the right to enter onto common lots and individually-owned lots so that the subdivider or its agents or Homeowner Association can maintain and inspect all landscaping, irrigation and drainage devices, and all other natural and artificial conditions which affect or might affect the integrity of slopes which are subject to the provisions of this program.
(v) 
A provision in the CC&Rs that requires any proposed alterations by homeowners to the landscaping, grading, irrigation or drainage installed as part of the subdivision on individually-owned property to be subject to review and approval by the Homeowners Association and City.
(E) 
Claim processing. The Homeowner Association in the administration of this program shall retain the services of an independent claims adjusting service. The service shall be responsible to adjust all claims for work which are claimed to be within the coverage of the program. Claims asserted to be within the coverage of the program will be processed by forms provided by the homeowners’ association and filed with the independent adjuster, who will promptly adjust such claims after obtaining an analysis on the scope and cost of completing all necessary repairs. The assessment fund or other approved funding device will compensate for the cost of the independent claims adjusting service.
(F) 
Modification to required CC&Rs. A provision shall be incorporated into a subdivisions CC&Rs that will require City approval of any modifications to specific provisions of the CC&Rs designed to carry out the provisions of this chapter.
(Ord. No. 869, § 2)
(a) 
Intent and purpose. The intent and purpose of this section are to establish a permit procedure for the regulation of the display of merchandise and products and/or temporary banners outside normal sales areas which may occur in association with a special promotional/sale activity and in addition, certain short-term uses which due to their brief duration may be adequately managed through a permit process. This section is not intended to control or regulate the normal promotional/sale activities conducted within the approved display area of a business establishment as provided for by other applicable provisions of this Code.
(b) 
Applicability.
(1) 
Business owners/property owners who are engaged in conducting a permitted business activity in the Office Commercial (OC), Neighborhood Commercial (NC), Town Center (TC), Town Center Edge (TCE), General Commercial (GC), Farm Market (FM), Commercial Manufacturing (CM), and those portions of the Planned Community (PC) District which permit commercial uses may apply for a special activities permit.
(2) 
Christmas tree sales. The sale of Christmas trees shall be permitted only during the month of December, subject to the following requirements:
(A) 
A special activities permit shall be obtained prior to the issuance of any other permit relating to the operation of this use.
(B) 
The facility shall be removed and the premises upon which it was located shall be cleared of all debris and restored to its original condition by January 1st following the holiday.
(3) 
Carnivals, festivals, exhibits, and sidewalk sales. These uses and similar enterprises may be operated on a temporary basis provided they meet the following requirements:
(A) 
A special activities permit shall be obtained prior to the issuance of any other permit relating to the operations of this use;
(B) 
Sponsorship shall be limited to public agencies or religious, fraternal, or service organizations directly engaged in civic or charitable efforts;
(C) 
The time period for such activities shall not exceed five consecutive days within any three month period;
(D) 
Such activities shall not cause or produce dust, gas, smoke, fumes, odors, or vibration detrimental to other persons or properties in the vicinity;
(E) 
The lights used to illuminate the event shall be arranged so as to direct light away from nearby residences;
(F) 
No public address system shall be installed in conjunction with the event unless such system is modulated so as not to disturb the occupants of nearby dwellings;
(G) 
All structures, apparatus, and appurtenances shall be removed from the premises as soon as possible following the closing of the event; and
(H) 
The hours of operation shall be subject to the review and approval of the Planning Director.
(4) 
Car dealers desiring to use tents, pennants, banner signs, window decals, inflatable corporate logos, light-pole banners, ground flags, bounce houses and similar attraction devices to temporarily promote sales are subject to the following:
(A) 
A maximum period of up to 90 days plus the month of March annually may be approved under a special event permit application issued by the Director.
(B) 
The annual period during which car dealers may use tents by special activity permit shall be on a calendar year basis.
(C) 
Design standards:
(i) 
No signs or other structures may be affixed to the tent.
(ii) 
Tents shall be situated within auto inventory and/or display areas and shall not displace any required guest/customer parking.
(iii) 
Use of tents shall be subject to Orange County Fire Authority (OCFA) review and approval.
(iv) 
Banner signs shall not exceed a maximum area of 100 square feet and shall not be affixed on the building above the eaves.
(v) 
Window decals/signage shall not exceed 50% of the window area.
(vi) 
Inflatable corporate logos shall not exceed a maximum dimension, either height, width or depth, of 15 feet subject to Director approval; and, not exceed a maximum dimension of 25 feet subject to Planning Commission approval.
(vii) 
Light-pole banners shall not exceed an area of 24 square feet and ground flags shall not exceed a maximum area of 15 square feet.
(viii) 
Bounce houses and similar attraction devices shall be situated within auto inventory and/or display areas and shall not displace any required guest/customer parking.
(5) 
A grand opening event of 14 days shall be exempt from these provisions.
(c) 
Review process.
(1) 
The Planning Director, or designated agent, may issue special activities permits, pursuant to Section 9-2.303 Administrative Approvals, provided the following criteria are met and the application is consistent with the design standards set forth in subsection (d) of this section:
(A) 
The special activity permits shall be issued for not more than 32 days during any 12 month period with the exception of automobile dealerships for which special activity permits shall be issued for not more than 90 days plus the month of March.
(B) 
The property owner has authorized the special activity in writing; and
(C) 
The application is submitted 14 days prior to the scheduled activity.
(d) 
Application information. The Planning Director shall prescribe the type and form of information required to process an administrative permit.
(e) 
Specific design standards. The following specific design standards shall apply to all special activities:
(1) 
Banners/signs. Banners and signs may be permitted in accordance with the provisions of Section 9-3.543 Signs.
(2) 
Flags. The use of flags shall be strictly prohibited.
(f) 
General conditions of approval. The following general operational conditions shall be considered for all special activity permits:
(1) 
Activities shall be restricted to that portion so designated on the site plan;
(2) 
A site plan has been approved by the Orange County Fire Authority and Orange County Sheriff’s Departments for meeting public safety requirements when applicable;
(3) 
The City has reviewed the site plan regarding adequate parking and traffic circulation for both vehicular and pedestrian, including provisions for emergency ingress/egress;
(4) 
Adequate space shall be provided on walkways for the passage of pedestrian traffic (minimum five feet);
(5) 
The site plan and all signage complies with this Code and the specific design standards set forth in subsection (e) of this section;
(6) 
Displays shall be removed by 10:00 p.m. on the last day of the activity;
(7) 
A valid business license has been issued for the applicant by the City;
(8) 
A cleaning deposit had been made if determined to be applicable by the Planning Director;
(9) 
The activities shall be confined to the sale of the specified goods only;
(10) 
Additional conditions as determined by the Planning Director or designated agent as necessary to protect the public’s health, safety, and welfare shall be met; and
(11) 
Must be issued all applicable building permits.
(g) 
Additional activities. The Planning Director or his or her agent may approve, conditionally approve, or deny special activity permit requests for the following types of uses. These uses may be permitted for a period of time not to exceed 32 days. The 32 days allowed under a special use permit application shall not be broken into more than three individual times per calendar year. Applications for such uses shall be on forms provided by the City and shall include all necessary information to review such requests for compliance with all applicable regulations.
(1) 
Christmas tree sales;
(2) 
Carnivals, festivals, and exhibits by nonprofit community groups;
(3) 
Sidewalk sales and special retail promotional events;
(4) 
Horse shows and exhibitions not located at an existing equestrian center;
(5) 
Reserved; and
(6) 
Any special activity proposed for a residential district (shall require adjacent property owner approval).
(Ord. No. 869, § 2; Ord. No. 996, § 2, 2012; Ord. No. 1082, § 17, 2021)
(a) 
Outside storage as principal or conditional uses. The outside storage of materials, equipment, and other items shall be prohibited, except where specifically permitted in individual districts. Where outside storage is permitted as a comparable mobilehome park, specific conditions providing for adequately screening the storage area shall be imposed by the Planning Commission.
(b) 
Outside storage as accessory use. The outside storage of materials and equipment, where permitted as incidental to the use of an office, store, factory, or other commercial or industrial building located on the same building site, shall conform to the following:
(1) 
Any outdoor area used for storage shall be completely enclosed by a solid masonry wall, with necessary solid appearing gates, with a minimum height of six feet and a maximum height of eight feet. The substitution of a fence, decorative wall, or dense plantings which will adequately buffer the area may be approved as a part of the development review procedures.
(2) 
The storage of materials or equipment shall not be higher than the enclosure surrounding it. Exceptions may be granted by the Planning Commission in cases where the stored materials are within a container, such as a silo, bins, or tanks, for finished products in transition or in other situations where the provisions of this subsection are not appropriate.
(c) 
Outside displays of merchandise and products. The outside displays of merchandise and products shall be prohibited in all districts, except where specifically permitted by this Code. Permitted outside displays shall comply with the following provisions:
(1) 
Every portion of a lot used for outside displays shall comply with all the setback requirements for the applicable base district, except for vehicular sales and rentals;
(2) 
Every portion of a lot used for outside displays shall be considered as a part of the gross floor area in calculating the parking requirements for the subject use, except for vehicular sales and rentals;
(3) 
Every portion of a lot used for the sale, rental, or lease of automobiles, trucks, trailers, and other similar vehicles shall comply with the screening, access, circulation, paving, bumper, lighting, and other applicable provisions of this chapter required for parking facilities. For inventory parking of vehicles, tandem parking is permitted, subject to maintenance of a 25 foot drive aisle. In addition to the landscape requirements required by Section 9-3.535 Parking, all sites shall provide a minimum 10 foot landscaped buffer area between the street frontage and display area; and
(4) 
All outside display areas shall be designated and approved during the development review procedure.
(Ord. No. 869, § 2)
(a) 
Purpose and intent. The City finds and determines that the purpose and intent of this section is to provide appropriate areas within the City to locate supportive housing facilities that may include transitional housing, emergency homeless shelters, and/or accommodate a year-round emergency homeless shelter; and as required by Senate Bill No. 2.
(b) 
Applicability. The requirements of this section apply to all supportive housing, as defined in Appendix A Definitions.
(c) 
Development standards. Emergency shelter establishments shall comply with all development standards set forth in Section 9-3.307 Public and Institutional District, as well as the following development standards:
(1) 
Capacity. No more than one bed per 250 square feet of gross building space.
(2) 
Off-street parking. Unless otherwise provided herein or in applicable land use regulatory documents, off-street parking shall be provided at the rate of one space for each three beds. The design and location of entrances and off-street parking shall be consistent with the provisions of Section 9-3.535 Parking.
(3) 
Size and location of on-site waiting areas and client intake areas. An on-site waiting area must be clearly identified for all clients. The waiting area is to be no larger than two square feet for every one bed provided. The waiting area is to be screened from all public right-of-way areas with landscaping to the extent feasible. The client intake area shall be located directly adjacent to the on-site waiting area.
(4) 
On-site management. Prior to the issuance of a certificate of occupancy for supportive housing, submittal of a written agreement between the City and the operator of the housing units addressing all of the following:
(A) 
The provision of on-site management during all hours of operation, to oversee the housing facilities.
(B) 
Hours of operation shall be limited, based on the scope of services to be provided, and identified in a management plan.
(C) 
An individual or individuals who do not utilize the homeless beds and/or other services and who maintain(s) their own off-site residence may serve as an on-site manager(s). At least one such manager shall be on site during all hours of operation and are required to be accompanied by one supporting staff member (an individual hired or contracted by the operator who does not utilize the homeless beds and/or other services, who maintains their own off-site residence). There shall be at least one supporting staff member for every 20 beds, or fraction thereof in the facility.
(D) 
At a minimum, one manager shall be on site during all hours of operation, and one supporting staff member shall be available in each segregated populated sleeping section.
(E) 
Establishment and ongoing enforcement of written rules of conduct for residents, including the prohibition of alcohol and illegal activities.
(F) 
Strategic plan for handling complaints or concerns from neighboring properties.
(G) 
No loitering of facility residents and others near the housing units and/or in adjacent neighborhoods.
(H) 
Implementation of a security plan with appropriate security measures as approved by the Chief of Police or designee.
(I) 
The provision of counseling, vocational, and other supportive services to residents.
(J) 
Ongoing maintenance of structures and landscaping.
(K) 
Availability of the operator to meet with City officials to resolve complaints.
(5) 
Proximity to existing emergency shelter facilities. In no event shall an emergency shelter be established within 200 feet of an existing emergency shelter.
(6) 
Client length of stay. No client shall be allowed to stay more than 180 consecutive days in a year or 240 overall days within any 12 month period of time.
(7) 
Lighting. Lighting shall be consistent with the provisions of Section 9-3.529(b)(1)(B)9-3.529(b)(1)(B) Lighting Standards for Enhanced Security Areas.
(d) 
Public health requirements.
(1) 
Health permit. Supportive housing facilities, operating without any food services, shall be required to comply with the applicable Orange County Health Care Agency provisions and secure any necessary permits prior to certificate of occupancy. Kitchens of supportive housing facilities without food services shall meet all applicable Orange County Health Department provisions, but shall not be remodeled into a commercial kitchen.
(2) 
Fire and life safety. Sleeping sections or rooms shall be provided with a smoke detector, handheld fire extinguisher, and evacuation plan subject to the review of the Orange County Fire Authority. The City may require the installation of a sprinkler system or other appropriate safety measures on the recommendation of the Orange County Fire Authority.
(e) 
Other licenses and permits. Supportive housing facility owners/operators shall obtain the licenses and permits from the City and any others required by Federal, State, and local laws and ordinances when applicable, including, but not limited to:
(1) 
Business license in compliance with Municipal Code Title 3, Chapter 1 (Business Licenses).
(2) 
California Department of Public Health (CDPH) Licensing and Certification Program (L&C).
(3) 
The U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS).
(Ord. No. 994, § 1, 2012)
Swimming pools, whirlpools, and spas shall be permitted in all residential districts subject to the following requirements:
(a) 
RS-10,000, RS-7,000, RS-4,000, RG-7,000, RG-4,000, RM, AF/SH and PC Districts. Swimming pools, whirlpools and spas located in the Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000), Residential Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000), Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), and Planned Community (PC) Districts shall be located no closer than five feet from the edge of the water to any side or rear property line, and shall maintain the front yard setback as specified in this Code for the principal building on the lot. In no case shall pools be located where the fence height is restricted to less than five feet.
(b) 
RSE-40,000, RSE-20,000, RA, A, and HR Districts. Pools in the Single-Family-40,000 (RSE-40,000), Single-Family-20,000 (RSE-20,000), Residential/Agriculture (RA), Agri-Business (A), and Hillside Residential (HR) Districts shall be located no closer than 10 feet from the edge of the water to any side or rear property line and shall maintain the same minimum front yard setback as specified in this Code for the principal building on the lot. In no case shall pools be located where fence height is restricted to less than five feet.
(c) 
Filter and heating equipment. Filter, heating, and other pool support equipment shall be located no closer than 20 feet from any neighboring dwelling, unless such equipment is placed within a building, underground vault, or other enclosure which the Planning Director determines provides effective noise and vibration damping. In order to make such a determination, the Planning Director may require sound tests of the proposed enclosure by a qualified professional. The Planning Director shall use the requirements of Section 9-3.531 Noise Standards as a guide to determining the adequacy of acoustical damping.
(d) 
Fence requirements. All pools shall be completely enclosed by a fence or wall pursuant to Title 8 of this Municipal Code.
(e) 
Supplemental structures. The following supplemental structures including pool slides, waterfalls, grottos, etc., that exceed six feet in height shall comply with all setback provisions of Section 9-3.501 Accessory Uses and Structures.
(Ord. No. 869, § 2)
The following uses and structures may be established as temporary uses or structures subject to prior approval by the Planning Director according to Section 9-2.347 Temporary Use Permit. Additional temporary uses may be established by the City Council by resolution.
(a) 
Temporary storage of building materials. The temporary storage of building materials shall be restricted to those materials used during the construction of a building project. For the purposes of this subsection, “storage” shall include the temporary office of the contractor provided such office is located on the construction site or on property adjoining the construction site.
(b) 
Large construction in residential yards.
(1) 
Large construction in residential yards shall pertain to a type of construction which is not incidental to the residential use nor of a commercial nature such as boat, plane, nonoperable automobile restoration, etc. Such activities may be permitted within a residential district subject to the issuance of a temporary use permit by the Planning Director:
(2) 
The applicant for a temporary use permit for such purpose shall comply with all of the following requirements:
(A) 
The proposed construction shall be of a type which will not be permanent, to the site and which shall not require the issuance of a building permit, such as for boat construction and car restoration;
(B) 
The construction shall not project into any required front or exterior side yard;
(C) 
The proposed item for construction shall be for the personal use of the applicant or the members of his or her immediate family;
(D) 
The proposed construction shall adhere to the requirements limiting excessive noise as set forth in Section 9-3.531 Noise Standards; and
(E) 
The temporary use permit shall be issued for a period not longer than one year. Extensions may be granted subject to the approval of the Planning Director.
(c) 
Model homes and subdivision sales offices.
(1) 
General requirements. Temporary model homes and subdivision sales offices may be erected and maintained in conjunction with approved subdivisions in the City. Such uses shall be restricted to the first sales of lots or units within approved subdivisions and shall be subject to the following:
(A) 
All temporary elevation alterations of homes for commercial purposes shall be subject to prior approval by the Planning Director.
(B) 
The furnishings placed in a model home shall be maintained solely for the purposes accessory to the display of the model home.
(C) 
Banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners and other moving devices shall be prohibited.
(2) 
Use and occupancy. Temporary certificates of use and occupancy for the operation of model homes and subdivisions sales offices shall be issued by the Division of Building and Safety upon approval by the Planning Director, subject to record of administrative approval.
(3) 
Enforcement. Any violation of this Code pertaining to the operation or occupancy of model homes or subdivision sales offices shall be cause for the revocation of any use and occupancy permit previously issued for any model home or subdivision sales office.
(d) 
Temporary residences and temporary caretaker residences.
(1) 
Outside the Floodplain Management District.
(A) 
Temporary residences or temporary caretaker residences located outside the Floodplain Management District are subject to the following requirements:
(i) 
Temporary residences or temporary caretaker residences shall be listed as a permitted use in the applicable district; and
(ii) 
Temporary residences or temporary caretaker residences shall meet all yard setback requirements of the applicable district.
(B) 
Temporary residences or temporary caretaker residences located outside the Floodplain Management District are also subject the following requirements:
(i) 
Temporary residences and temporary caretaker residences shall have a floor area no greater than 750 square feet; and
(ii) 
Temporary residences and temporary caretaker residences shall be removed no later than nine months after the issuance of the set-up permit for the permanent primary residence or temporary caretaker residence or upon the issuance of the “certificate of use and occupancy” for the permanent principal residence, permanent caretaker residence, or permanent use, whichever occurs first.
(C) 
The set-up permit for the temporary residence or temporary caretakers residence shall not be used until after the issuance of the building permit for the permanent principal residence, permanent caretakers residence, or permanent use.
(D) 
In order to assure compliance with the requirements of this subsection, a cash deposit or other form of surety shall be deposited in accordance with Section 9-5.101 Fees, Deposits, and Bonds.
(e) 
Within the Floodplain Management District. No temporary residences or temporary caretakers residences shall be situated within the Floodplain Management District.
(f) 
Use of vehicles. The temporary use of a mobilehome, recreational vehicle, truck, or other vehicle as a residence or commercial structure shall not exceed 10 days in all districts.
(g) 
Temporary classrooms for private schools. Temporary classrooms used at private schools shall be subject to the regulations contained in City Council Policy 415.
(Ord. No. 869, § 2)
(a) 
Purpose and intent. The purpose and intent of this section is to establish development standards that encourage the construction and operation of upscale, high quality and appropriate uses that will benefit the City’s economic core by providing convenient and attractive downtown goods and services for visitors to the historic downtown, Mission San Juan Capistrano, and the Los Rios Historic District, contributing to the energy and economic vitality of the City’s downtown, and strengthening the City’s economic base and fiscal circumstances in order to support the provision of public services to the City’s residents and businesses.
(b) 
Projects proposed within the Town Center (TC) and Town Center Edge (TCE) Districts shall be subject to applicable review procedures as set forth in Article 3, Development Review Procedures, of Chapter 2 of this title.
(c) 
For sign, parking, fence, swimming pool, and similar regulations for the Town Center (TC) and Town Center Edge (TCE) Districts, see Article 5, Supplementary District Regulations, of this chapter.
(d) 
Environmental overlay standards. Standards related to management of project effects on sensitive natural resources (i.e., floodplains, ridgelines, etc.) shall be as set forth in Article 4, Environmental Overlay Districts, of this chapter.
(e) 
General requirements. This section provides standards for particular elements of buildings/sites as well as certain operational standards to ensure a consistent and high level of quality in building design, materials, and operations. This section applies to the following within the Town Center (TC) and Town Center Edge (TCE) Districts:
(1) 
Alterations, restoration, rehabilitation, ordinary repair and maintenance. For nonconforming structures, see Section 9-3.533.
(2) 
Demolition. See San Juan Capistrano Municipal Code, Title 8 and Title 9.
(3) 
Building entrances.
(A) 
The primary entrance shall be distinguished by architectural features such as, but not limited to: an entry portal; change in material or color; change in scale of other openings; addition of columns, lintels or canopies.
(B) 
Secondary entrances shall have architectural features that are smaller in height and width, with fewer or simpler architectural elements than the primary entrance in scale and detail.
(4) 
Awnings and canopies. Awnings and/or canopies shall accentuate the character-defining features of a building as follows:
(A) 
Awnings and canopies shall be mounted to highlight architectural features such as moldings that may be found above the storefront.
(B) 
Awnings and canopies shall match the shape of the opening that they are shading.
(C) 
Odd shapes and bubble awnings are prohibited except where the shape of an opening requires a bubble awning, or a historic precedent shows they have been previously used on the building.
(D) 
Canopies and awnings shall not conflict with the buildings’ proportions or with the shape of the openings that the awning or canopy covers.
(E) 
Awnings and canopies may be constructed of metal, wood or fabric, subject to the approval of the Development Services Director.
(F) 
Lights that illuminate the pedestrian way beneath the awning shall be reviewed by the Development Services Director to determine if they are appropriate for their context:
(i) 
Lights may illuminate the storefront;
(ii) 
Internally illuminated awnings that glow are prohibited.
(5) 
Walls (street screen) and fences.
(A) 
Site walls and fences shall not be erected in such a way as to block views of or from public spaces and are not allowed where a frontage is required.
(B) 
Low walls (24 inches to 36 inches in height) may be used to divide space, in landscape areas and to define site edges.
(C) 
Screening elements such as landscaping, fencing, etc., shall be used to screen service areas, storage areas, or garbage areas from public view from the street or pedestrian ways.
(D) 
Solid walls (up to 96 inches in height) are permitted to screen mechanical equipment, garbage receptacles, loading areas and other unsightly areas; and provide privacy at the back of lots and along streets in compliance with the requirements for frontages.
(E) 
All chain link fences are prohibited except for dark vinyl coated chain link fences used in conjunction with landscape buffering and screened with plantings.
(6) 
Lighting. Site lighting shall be designed and maintained consistent with the Title 9, Land Use Code lighting standards and the City’s Architectural Design Guidelines.
(7) 
Service areas and mechanical equipment. Services areas and mechanical equipment areas shall be designed and maintained consistent with the Title 9, Land Use Code supplemental regulations and the City’s Architectural Design Guidelines.
(8) 
Outdoor storage and display. Outdoor storage and display areas shall be designed and maintained consistent with the Title 9, Land Use Code supplemental regulations and the City’s Architectural Design Guidelines.
(9) 
Public gathering spaces. A public gathering space is a space within a private development project that the general public can readily access to view and enjoy, and is designed to accommodate community gatherings, passive uses or recreation.
(A) 
A public gathering space shall be designed as an “outdoor room” in the form of a plaza, green or square and shall include public amenities such as, but not limited to, high-quality hardscape, pergolas, gazebos, potted plants, strung lighting, fountains, fire pits, high-quality furniture (e.g., benches, chairs, tables), and family games (e.g., bocci ball courts, bean bag toss, etc.).
(B) 
Direct access to the public gathering space by pedestrians from the public right-of-way shall not be blocked or impeded by use of walls/fences, landscaping, signage, or other devices. The use of decorative bollards or potted plants spaced out appropriately to allow easy access may be appropriate. Public access to the public gathering space shall be fully compliant with the federal Americans with Disabilities Act and applicable California law.
(C) 
Allowance for an increase in floor area ratio (FAR) above 0.75:1 and up to a maximum of 1.5:1 shall be accompanied by a public gathering space of an area equivalent to 0.25 (25%) of the floor area above 0.75:1. The minimum area for any public gathering space shall equal 625 square feet and provide a minimum lineal dimension in any direction of 25 feet.
Table 3-554-0. Public Gathering Space
(Sample Area Calculations based on a 10,000 sq. ft. Lot)
FAR
Subtotal
Size of Public Gathering Space = 25% of Subtotal x (FAR - 0.75)
1.0
10,000
625 sq. ft.
1.25
12,500
1,250 sq. ft.
1.5
15,000
1,875 sq. ft.
(10) 
General public right-of-way requirements. The following standards are to be applied to streets, open space and any other right-of-way. Street furnishings are exterior amenities, including but not limited to, tables, chairs, umbrellas, landscape pots, wait stations, valet stations, bicycle racks, planters, benches, bus shelters, kiosks, waste receptacles and similar items that help to define pedestrian use areas:
(A) 
Prohibited street furnishings. The following street furnishings are prohibited within the right-of-way (street or open space):
(i) 
Vending machines;
(ii) 
Photo booths;
(iii) 
Automated machines (except ATMs); and
(iv) 
Inanimate figures such as animals, mannequins or any such cartoon or human figure. This section does not affect public art as defined in Appendix A of this Code.
(B) 
Street furnishing materials:
(i) 
Street furnishings shall be made of wood, metal, stone, terra cotta, cast stone, hand-sculpted concrete, or solid surfacing material;
(ii) 
Plastic resin furnishings are prohibited.
(f) 
Development and operational standards.
(1) 
No person shall develop, establish, operate or conduct any use in violation of any of the following regulations:
(A) 
Building placement and type:
(i) 
Buildings shall be located on the lot and configured as allowed in Figure 3-554-1 below.
(ii) 
Building façades shall conform to the frontage standards identified in subsection (b)(2).
Figure 3-554-1. Development Standards in the Town Center (TC) and Town Center Edge (TCE) Districts
-Image-17.tif
(B) 
Floor area ratio (FAR).
(i) 
A maximum floor area ratio (FAR) of 0.75 is permitted within the TC and TCE Districts.
(ii) 
Up to 1.5 FAR is permitted for building(s) providing public gathering space(s), according the standards established in subsection (e)(9).
(C) 
Building configuration.
(i) 
Buildings shall comply with the standards in Table 3-554-1 below:
Table 3-554-1. Building Placement and Configuration Standards in the Town Center (TC) and Town Center Edge (TCE) Districts. This table corresponds with Figure 3-554-1
Standards
TC and TCE Districts
Placement/Type
Min.
Max.
a Lot width
50′
200′
b Lot depth
50′
NA
c Front setback F
0′
10′
d Side street setback F
0′
15′
e Side setback FC
0′
NA
f Rear setback A
10′
NA
Notes:
F -
As specified for the selected frontage type.
FC -
Fire Code - building protection per local fire/safety code.
Standards
TC and TCE Districts
Configuration
Min.
Max.
g Building height (stories)
1
2 R/3 H
h Building height (feet)
10′ R
35′ R/45′H
i Ground floor level S
2′
4′
j Ground floor height S
10′ R
20′ R
k Landscape
per City design review
Notes:
H -
Hotel
R -
Subject to requirements of Frontage.
S-
Measured vertically from average adjacent sidewalk grade. Sidewalk grade must comply with ADA requirements.
A -
Where an alley provides vehicular access, minimum setback is 5 feet.
(D) 
Frontages and encroachments.
(i) 
Buildings in locations identified in Figure 3-554-3 shall incorporate the frontages identified in the appropriate Frontage Zone, as described below, to the satisfaction of the City’s Design Review Committee.
(FR-1) Frontage Zone 1: Camino Capistrano and Ortega Highway. Frontages in the FR-1 zone are pedestrian-oriented and for the purpose of accommodating ground floor shopping, restaurants and other sidewalk-dependent land uses. Buildings are near or at the sidewalk with massing that spatially defines the streetscape. This frontage zone is the most intense of the four frontage zones. Allowed frontages provide pedestrians and storefronts with shade and open views into ground floors.
(FR-2) Frontage Zone 2: Camino Real, Verdugo, Forster. Frontages in the FR-2 zone are pedestrian-oriented and for the purpose of accommodating ground floor shopping, restaurants and other sidewalk-dependent land uses. The FR-2 zone does not include the Historic Town Center Park frontage. Buildings are near or setback from the sidewalk with massing that spatially defines the streetscape and/or public open space. This frontage zone is the second most intense of the four frontage zones. Allowed frontages vary from providing pedestrians and storefronts with shade and open views into ground floors to providing active building façades along public open space.
(FR-3) Frontage Zone 3: Avenida del Obispo, Camino Capistrano (south). Frontages in the FR-3 zone are pedestrian-oriented and for the purpose of accommodating ground floor shopping, restaurants and other sidewalk-dependent land uses. Buildings are near or setback from the sidewalk with massing that spatially defines the streetscape. This frontage zone is the third most intense of the four frontage zones. Allowed frontages vary from providing pedestrians and storefronts with shade and open views into ground floors to providing active building façades along public open space.
(FR-4) Frontage Zone 4: Camino Capistrano (north), El Camino Real (north), Spring Street. Frontages in the FR-4 zone range from pedestrian-oriented and for the purpose of accommodating ground floor shopping, restaurants and other sidewalk-dependent land uses to defining the edges of the historic mission and nearby properties. Buildings and/or existing perimeter walls are near or setback from the sidewalk with massing that spatially defines the streetscape. This frontage zone is the least intense of the four frontage zones. Allowed frontages vary from providing pedestrians and storefronts with shade and open views into ground floors to enclosing the private gardens on the historic mission.
(ii) 
Buildings shall be designed with the frontage types identified in Table 3-554-2 and accompanying Figure 3-554-2 to the satisfaction of the City’s Design Review Committee.
(iii) 
Building elements may encroach into setbacks as identified in Figure 3-554-2.
Figure 3-554-2. Frontage and Encroachment Standards in the Town Center (TC) and Town Center Edge (TCE) Districts
-Image-18.tif
Table 3-554-2. Frontage and Encroachment Standards in the Town Center (TC) and Town Center Edge (TCE) Districts
Standards
TC and TCE Districts % of Lot Frontage
Frontage Location
Min.
Max.
P Along “primary street”
100%
n.a.
S Along “secondary street”
65%
100%
E Allowed frontages encroaching into the public right-of-way (encroachment permit required)
Arcade
See Frontage standards.
Gallery
 
 
F Allowed frontages
Storefront and awning
See Frontage standards
Forecourt
 
 
Stoop
 
 
Terrace (Dooryard)
 
 
Porch and wall/fence
 
 
The letter references above relate to Figure 3-554.2
Figure 3-554-3. Frontages in the Town Center (TC) and Town Center Edge (TCE) Districts
-Image-19.tif
(E) 
Parking and above-ground utilities.
(i) 
Parking and above-ground utilities shall be located on the lot as shown in Figure 3-554-4 and Table 3-554-3. To the extent possible, utilities shall be underground and/or in alleys.
(ii) 
For allowable parking standards, see Section 9-3.535(h).
Figure 3-554-4. Parking and Screening Development Standards in the Town Center (TC) and Town Center Edge (TCE) Districts
-Image-20.tif
Table 3-554-3. Parking and Screening Development Standards in the Town Center (TC) and Town Center Edge (TCE) Districts
Standards
Setback
Screening, notes
Parking Location
 
 
a Front setback
50′
Building, wall, or hedge; 3′ min. height. S
b Rear setback to alley
5′
No screening required.
c Rear setback—no alley
10′
Wall or fence; 5′ min. height.
d Max. above ground plane
N.A.
1 story with wall or fence, 5′ min. height; 3 stories for hotel with architectural design and landscaping incorporated.
e Side street setback
5′
Wall or hedge; 3′ min. height. S
Notes:
S-
Measured vertically from average adjacent sidewalk grade.
(2) 
Frontage types. The following frontages apply to the various blocks and streets within the TC and TCE Districts as identified in Figure 3-554-3. Figures 3-554-5 through 3-554-11 identify the allowed frontages for each block and street. Tables 3-554-4 through 3-554-10 identify the requirements for how a building is to address the lot’s frontage line(s). Buildings shall be designed with vertical and horizontal mass articulation and upper floors shall be set back from lower floors to the satisfaction of the City’s Design Review Committee.
(A) 
Arcade.
Figure 3-554-5. Arcade
-Image-21.tif
-Image-22.tif
(i) 
Arcades are composed of a building with ground floor façades which align with the property line, and upper floors which project over the property line to cover the sidewalk. A colonnade structurally and visually supports the building mass which encroaches into the public right-of-way. An encroachment permit or license agreement may be required prior to issuance of a building permit. Arcades contain ground-floor storefronts, making them ideal for retail use. Landscaping is strongly encouraged. Vines may be employed at the arcade columns and shall be planted on grade in vine pockets located between the columns and street curb. Planter boxes or pots may be placed in between columns to provide enclosure for such uses as café or restaurant seating.
(ii) 
Design standards.
a. 
Arcades shall be large enough in dimension to allow passage along the sidewalk without impediments both horizontally and vertically.
b. 
Arcades may be combined with the storefront frontage type.
c. 
Arcades may encroach over the sidewalk in the public right-of-way, subject to the issuance of an encroachment permit or license agreement prior to issuance of a building permit.
d. 
Column spacing and colonnade detailing shall be consistent with the style of the building to which it is attached.
e. 
Columns shall be placed in relation to curbs so as to allow passage around and to allow for passengers of cars to disembark. Clearances per table below.
Table 3-554-4.
Frontage Standards, Arcade
Standards
Arcade
Storefront
Arcade
Min.
Max.
Min.
Max.
a. Height (clear from sidewalk grade to ceiling)
12′
16′
See Figure 3-554-5
b. Depth (façade to interior column face)
10′
16′
n/a
n/a
c. Depth (exterior column face to street curb)
2′
14′
n/a
n/a
(B) 
Gallery.
Figure 3-554-6. Gallery
-Image-23.tif
Gallery Example - a one-story version with colonnade, roof, and open deck which shades both the sidewalk and storefront display windows.
-Image-24.tif
Gallery diagram - storefront and columns making up the gallery.
(i) 
Gallery frontages are composed of a building where the façade is aligned on the front property line and includes an attached cantilevered shed, or a roof or deck supported by a colonnade overlapping the sidewalk.
Galleries may be two stories in height, with the upper portion of the Gallery being open loggias or decks. Galleries contain ground-floor storefronts, making them ideal for retail use.
Landscaping may be required. Vines may be employed at the gallery columns and shall be planted on grade in vine pockets located at the columns. Planter boxes or pots may be placed adjacent to columns to provide enclosure for such uses as cafe or restaurant seating. Pottery may be used where possible.
(ii) 
Design standards.
a. 
Galleries shall be large enough in dimension to allow passage along the sidewalk without impediments both horizontally and vertically.
b. 
Galleries may be combined with the storefront frontage type.
c. 
Galleries may encroach over the sidewalk in the public right-of-way, subject to the issuance of an encroachment permit or license agreement prior to issuance of a building permit.
d. 
Column spacing and colonnade detailing shall be consistent with the style of the building to which it is attached, and to the satisfaction of the City’s Design Review Committee.
e. 
Columns shall be placed in relation to curbs so as to allow passage around column’s and to allow for passengers of cars to disembark. Clearances per table below.
Table 3-554-5. Frontage Standards, Gallery
Standards
Gallery
Storefront
Gallery
Min.
Max.
Min.
Max.
a. Height 1st level (from sidewalk grade to ceiling)
10′
16′
See Figure 3-554-6
b. Height 2nd level (from sidewalk grade)
21′
26′
n/a
n/a
c. Depth (façade to interior column face)
6′
16′
n/a
n/a
d. Depth (exterior column face to street curb)
2′
14′
n/a
n/a
(C) 
Storefront and Awning
Figure 3-554-7. Storefront and Awning
-Image-25.tif
Storefront and Awning Example - large glazing area of display window, tile bulkhead under window, glass door, clerestory and shade awning.
-Image-26.tif
Storefront and Awning diagram - elements and dimensions making up the frontage.
(i) 
Storefront and awning is the frontage type for buildings with ground floor commercial/retail uses. The frontage is made by insertion of large openings filled with transparent windows at the ground level façades. The façade is located near or at the property line. Recessed storefronts are allowed. The building entrance is at the grade of the sidewalk and provides direct access to the commercial/ retail uses on the ground floor.
The basic architectural elements comprising the storefront are large windows, doors with glass, clerestory glass, and a solid base (bulkhead). Optional elements include awnings, cantilevered shed roof or canopy, signage, lighting, and cornices. Awnings, shed roofs, or canopies are optional and may encroach into the public right-of-way and cover the sidewalk within a few feet of the curb. Awnings, signage, and other encroachments shall comply with this Code for minimum height above sidewalk grade for safety. See Table 3-554-6.
Landscaping may be required for this frontage type. Vines grown in vine pockets at the building façade are allowed and may encroach into the public way. Pottery may be used where possible.
(ii) 
Design standards.
a. 
Storefronts shall be tall enough to provide adequate view into ground floor spaces.
b. 
Storefronts may occur at the property line.
c. 
Storefront glass shall be clear without reflective glass or dark tinting, frosting.
d. 
Storefront windows may have clerestory windows (horizontal panels) between the storefront and second floor. Glass in clerestory windows may be of a character to allow light, while moderating it as the clerestory is located above awnings such as stained glass, glass block, painted glass, or frosted glass.
e. 
Storefront bulkhead shall be of material similar or complementary to main materials of the building.
Table 3-554-6. Frontage Standards, Storefront and Awning (See Figure 3-554-7)
Standards
Storefront
Awning
Storefront & Awning
Min.
Max.
Min.
Max.
a. Height 1st level (from sidewalk grade to top of opening)
10′
16′
8′
18′
b. Width
6′
20′
8′
20′
c. Height (bulkhead)
8″
2′
-
-
d. Depth of entrance recess
0′
3′
10′ or 50% of sidewalk width, whichever is less for 65% of façade
-
e. Glass area (% of ground façade)
65%
n/a
n/a
n/a
(D) 
Forecourt.
Figure 3-554-8. Forecourt
-Image-27.tif
Forecourt Example - a brick wall and metal gate form the forecourt for this building, comprising1/3 of the building’s façade.
-Image-28.tif
(i) 
Forecourts are open or semi-enclosed areas adjacent to the sidewalk made from setting back a portion of the building façade from the front property line. Typically, the setback portion is the middle section, which creates a small entry court. This can also be achieved by setting back the façade when a building’s neighboring structures have zero set- back at their respective property lines.
Forecourts may be combined with other frontage types as allowed by this Code. Forecourts may be further defined by low walls or landscape between the sidewalk and adjacent property line. Forecourts may be landscaped or paved. Landscape may include lawn, grasses, small shrubs, and accent trees with sufficiently transparent canopies to allow views of the building façade.
(ii) 
Design standards.
a. 
Forecourts dimensions per Table 3-554-7.
b. 
Forecourts may be elevated from the adjacent sidewalk as allowed by this code. An elevated forecourt shall meet accessibility code for access with the building and the sidewalk.
Table 3-554-7. Frontage Standards, Forecourt (See Figure 3-554-8)
Standards
Depth
Width
Height*
Forecourt
Min.
Max.
Min.
Max.
Min.
Max.
a. Dimensions
10′
Fore-court width
10′
1/3 Bldg. Façade
-
-
b. Wall
n/a
n/a
n/a
n/a
1′
1 story
c. Fence
n/a
n/a
Na/
n/a
3′
4′
*
Measured vertically from average adjacent sidewalk grade.
(E) 
Stoop.
Figure 3-554-9. Stoop
-Image-29.tif
Stoop Example - stairs, landing, and landscape area of a typical stoop.
-Image-30.tif
Stoop diagram- elements and dimensions making up the stoop frontage type.
(i) 
Stoops are exterior stairs with landings which provide access to buildings located at their front property lines. The ground floor of the building is raised to provide some privacy for the rooms facing the public street and passersby. The exterior stairs can be perpendicular or parallel to the adjacent sidewalk. The landing may be covered or uncovered. Landscaping shall be placed on the sides of the stoop at grade or in raised planters. Demarcating garden walls is allowed subject to this Code.
(ii) 
Design standards.
a. 
Stoops shall be of such dimensions to allow for easy access to the ground floor of the building. See Table 3-554-8:
Table 3-554-8. Frontage Standards, Stoop
(See Figure 3-554-9)
Standards
Depth
Width
Height*
Stoop
Min.
Max.
Min.
Max.
Min.
Max.
a. Dimensions
3′
-
3′
-
2′
3′
b. Wall
n/a
n/a
n/a
n/a
1′
4′
c. Fence
n/a
n/a
n/a
n/a
2′
3′
*
Maximum height one story for stoop cover.
(F) 
Terrace.
Figure 3-554-10. Terrace
-Image-31.tif
-Image-32.tif
(i) 
The terrace frontage sets back the building façade back from the front property line, and places an elevated garden or terrace in that setback. Terraces are enclosed by a low wall at or near the property line with a stair or ramp from the sidewalk up onto the terrace. The building activities are slightly separated from the adjacent sidewalk by the terrace height, and the depth of the terrace provides a buffer. The buffer provides clear area distinctions for commercial uses such as dining patios, and provides private yards and residences secure buffers from public encroachment.
(ii) 
Design standards.
a. 
Terrace dimensions per Table 3-554-9.
b. 
Terrace may be enclosed by low walls or fences. Walled terraces may additionally have fences to provide for safety.
Table 3-554-9. Frontage Standards, Terrace
(See Figure 3-554-10)
Standards
Depth
Width
Height
Terrace
Min.
Max.
Min.
Max.
Min.
Max.
a. Terrace yard
Per Bldg. Setback
0′
Lot width
0.5′
3.5′
 
b. Wall or fence
-
-
-
-
0′
5′
(G) 
Porch and wall/fence.
Figure 3-554-11. Porch and Fence
-Image-33.tif
Porch and Fence Example - low wall creates privacy for front yard, while maintaining relationship with sidewalk and street for neighborhood character and security.
-Image-34.tif
Porch and Fence diagram - low wall at property line and minimum porch size attached to building.
(i) 
The porch and fence consists of a building with a front set back from the property line, and a porch attached to it, and a wall or fence at or near the property line. The porch and fence encroach into the front setback. The porch shall have dimensions (per table this page) which allow a useful space which is raised above the average front grade of the lot.
This frontage provide the necessary physical separation from the public sidewalk and the private lot, while maintaining visual connection between buildings and the public space of the street.
(ii) 
Design standards.
a. 
Porch and fence dimensions as identified in Table 3-554-10.
Table 3-554-10. Frontage Standards, Porch and Fence
(See Figure 3-554-11)
Standards
Depth
Width*
Height**
Porch and Fence
Min.
Max.
Min.
Max.
Min.
Max.
a. Porch
8′
-
40%
80%
1.5′
3.5′
b. Wall of fence
0′
5′
n/a
n/a
1′
4′
*
Width: based on percentage of building façade width.
**
Porch deck height: above average adjacent sidewalk grade.
(3) 
Architectural style standards. Buildings within the TC and TCE Districts shall utilize one of the following architectural styles to the satisfaction of the City’s Design Review Committee. Figures 3-554-12 through 3-554-16 identify the allowed architectural styles for each block and street. Each architectural style provides a narrative description of the characteristics commonly utilized. Similar to the frontage standards, buildings shall be designed with vertical and horizontal mass articulation and upper floors shall be set back from lower floors.
(A) 
Mediterranean Revival.
Figure 3-554-12. Mediterranean Revival
-Image-35.tif
The Mediterranean Revival style is a part of the vast Eclectic movement of 1890-1940 in the U.S. Mediterranean Revival is the broad term which includes several architectural styles including the Spanish Colonial Revival, Mission Revival, and Italianate. Inspired by precedents from Classical, Medieval, and Renaissance periods, Mediterranean Revival draws from those origin periods and cultural traditions - Spanish, North African Moorish, Italian, Greek. It also incorporates these same cultures’ later colonial efforts in North and South America (1690-1800), which adapted to new indigenous climates, materials, and cultures. Mediterranean Revival is distinguished by its restrained, horizontal massing. Smooth plaster walls, light earth tone or off-white colors, deeply set windows and doors, and red tile roofs [or flat roofs] make up the signature palette. The generally bulky mass of the building is punctuated by rhythmic placement of deeply set windows and doors, which can be regular or syncopated. A regular rhythm is typically varied by window type or window treatment to prevent repetition. Color and decoration are used sparingly as compared with other styles, these items being reserved for such details as wrought iron railings, grilles, and gates, or stone and colorful tile surrounds at key doors, windows, and water features. Shading is provided by the deeply recessed openings, as well as devices [arcades, galleries, overhangs, balconies, awnings] which are arranged as counterpoints to the austere building forms.
(B) 
Main Street Commercial.
Figure 3-554-13. Main Street Commercial
-Image-36.tif
Main Street Commercial is the generic stylistic title for a multi-story building found on most U.S. main streets (hence the term), town squares, and plazas. The style is derived from a number of historic precedents, including Spanish Colonial Revival, Greek Revival, Victorian, Victorian Italianate, and Richardsonian Romanesque. While varying in stylistic details, the basis of the style is found in a simple, rectangular building form made up of a logical, repetitive, and legible structural framework which is expressed externally by the rhythmic placement of structural elements, doors, windows, and storefronts. Original building frameworks were of load-bearing masonry, but the style is easily adapted to steel, poured concrete, or wood. The building type and style proliferated in the late nineteenth century when cities began densifying and housing was built over ground floor store fronts. The Main Street Commercial style building stands adjacent to others of similar building type (flex block, lined block, row house), with little or no side setbacks, thus forming a solid enclosure for the street or square. This means that only one façade (or two if located on a corner) need detailed design attention. The plane of the façade wall is articulated by expression of the structural underlayment by means of vertical protrusions or setbacks defining columns and lintels. The façade is articulated into a base, a body, and a top, with the ground floor base being the tallest of the individual floors. The style tops the building with a flat roof line which is stopped visually by a projecting cornice or articulated parapet (protruding or recessed). The ground floor houses commercial uses such as offices or retail businesses, and therefore is quite open visually with expansive storefront windows and doors. Upper levels are punctuated with relatively smaller openings which belie their purpose for offices or apartments. Substantial materials express the civic nature of the style, using brick, stone, or heavy cementitious plaster.
(C) 
Agricultural Heritage.
Figure 3-554-14. Agricultural Heritage
-Image-37.tif
Agricultural Heritage style is based on structures built specifically for agricultural purposes in the U.S. during the 19th Century. This tradition is found in San Juan Capistrano and in California. Using the forms, materials and colors of these purposeful precedents in new buildings, where appropriate, helps maintain a continuum of the vernacular of the region. Buildings utilizing this style would be made of simple, limited forms (one form for one use), typically rectangular, with a pitched metal roof, and sheathed in wood or metal siding. There is little architectural ornament, with functional building elements providing the detail to the building. These would include items such as roof, rafter tails, ridge beams (protruding), overhangs and struts, lanterns, clerestories, exposed columns, and exposed foundations. Colors used for these structures were traditionally muted, as the paints were derived from milk and a minimal amount of pigment. Original agricultural buildings were single purpose-built for distinct agricultural processes, and hence, this was not a style. The buildings represent a distinct change in architecture for the region in the 1800s. Several factors changed the way Californians built, shifting from handmade masonry Spanish Colonial buildings, to the more expedient wood “balloon framed” buildings. The Gold Rush of 1849, the Homestead Act of 1862, and the development of the railroads brought property ownership for new waves of citizens, displaced native peoples, and changed settlement patterns. Houses were made quickly of wood to establish the farming homestead, Example: Agricultural heritage present in new building—simple massing, useful porches (galleries), wood siding and were either placed in a rural pattern of isolated farmsteads, or in loose townships. This was in contrast to Spanish Colonial and Eastern U.S. patterns of contained urban villages with farmlands beyond. During the period of change, newcomers built from their memories of the East or Midwest, or used simple technical manuals called “pattern books.” Both these manners changed the style and method of building, with pioneers using the “balloon frame” technique in the 1840s and 1850s. Buildings were made of wood which was mill-cut, in standardized board sizes, and fastened with standard, manufactured nails. This was a much faster way to build than using the traditional masonry. It allowed anyone to easily build the framework of the house which was then covered with siding. Along with the “pattern books” and balloon framing came the firm tradition of agricultural buildings and methods of farming in the East and Midwest. Farming there had established a tradition of purposebuilt structures made with no adornment and with materials found readily at hand. Structures were pragmatic, and generally constructed for a distinct, single purpose, such as silos to hold grain, barns to house livestock, water cisterns to collect water, etc. As most locations had access to trees, lumber became the primary material for agricultural out-buildings. Railroad development increased access to mechanized wood working tools, and to light metals, which helped create more standardized shapes/forms, more weather-tight techniques, and more long-lasting roofing/siding methods.
(D) 
Craftsman.
Figure 3-554-15. Craftsman
-Image-38.tif
The Arts and Crafts movement of the late 1880s had its origins in England, led by Architect William Morris. He and the English Arts and Crafts Exhibition Society inspired U.S. architects such as Bernard Maybeck, Gustav Stickley, and brothers Charles and Henry Greene of Pasadena, California who evolved the style. This style treated all parts of the home—both exterior and interior—as artwork, focusing on honest use and detailing of natural materials such as redwood, stone, brick, tile, and copper. Greene and Greene Architects designed the paradigmatic works which are located in Pasadena. They also designed modest, inexpensive and low- profile bungalow homes in the region. Popular magazines of the time (1909), such as Good Housekeeping, made the style familiar to the general public. Pattern book makers, in turn, made the Craftsman style house the most reproduced style in the country. Pre-cut lumber packages soon became available as well to assist contractors in building the style. Craftsman’s interior/exterior space relationship and its adaptability to varying weather conditions allowed regional variations to easily occur, thus increasing its popularity. Building massing is a simple rectangle or square with horizontal proportions in one- and two-story volumes. An additional third floor is sometimes concealed within the volume of the roof with the assistance of dormers. Additional volumes are sometimes attached to the main mass, which receive independent roof forms. Porches are numerous and generous in depth. Roofs are large, low-pitched forms, and vary from 3:12 to 6:12. In larger two story versions, it is common for gabled roofs to have a high pitch as much as 10:12. Roof eaves project a minimum of two feet over the wall, and have exposed rafter tails. Gable roof projections are supported by large timber braces or extended beams. Walls receive horizontally oriented wood siding or shingles, and the foundation base is expresses with stucco, brick or river stone. Windows and doors are vertical in proportion and are combined into horizontal patterns. They are trimmed in large scale wood.
(E) 
Art Moderne.
Figure 3-554-16. Art Moderne
-Image-39.tif
The Art Moderne is also called Streamline Moderne and American Deco. The style was utilized from 1920 to 1940. It derived from two sources: (1) Eliel Saarinen’s competition design for the Chicago Tribune headquarters in Chicago which was largely of the precedent style Art Deco; and (2) the streamlined graphic arts and industrial design for ships, planes, autos, and even household appliances which evolved Saarinen’s designs. Smooth surfaces, curved corners, and horizontal emphasis gave the impression of smooth movement through a stream of air, hence the term streamlined. Initially, Art Moderne style was applied to commercial building types such as airport terminals, railroad depots, and other transportation-related buildings. It then became popular enough to grace public institutional buildings, and eventually single-family homes. While not contributing any evolution to floor plans or construction technology, the style represents still a merging of the machine age in U.S. building styles. Building massing is a simple rectangle or square with horizontal proportions in one- and two-story volumes. The massing is asymmetrical. Additional volumes are sometimes attached to the main mass, which receive independent roof forms. There are no porches typically on this style. Roofs are flat and hidden by parapet walls. Parapet wall edges are usually defined by a small protruding ledge (coping) at roof line. These are sometimes covered in metal with a striated, or linear pattern. Walls are smooth stucco, with rounded corners at main volumes. Horizontal grooves or lines are recessed into wall plaster. Details include steel pipe balustrades give additional horizontal emphasis. Windows and doors are horizontal in proportion and are continuous around corners. They are made of metal. Glass blocks are used for windows or entire portions of walls, and occasionally round windows are found in elevational compositions.
(F) 
Monterey.
Figure 3-554-17. Monterey
-Image-40.tif
In the early part of the 18th Century, Californians sought to define an indigenous style of architecture by fusing local Spanish-influences with Colonial designs. Used primarily for residential properties, Monterey style buildings are typically two stories in height with shallow pitched side gable roofs, and a second story cantilevered covered balcony. Roofs are generally covered with clay tiles or asphalt shingles and exterior wall surfaces can be finished in brick, stucco or clapboard reflecting the fusion of Anglo and Hispanic styles. Windows are often narrow and tall and are grouped in pairs. The balcony and a side facing gable roof gives the building a dominant rectilinear character. From the influence of Anglo settlers, hipped or gabled roofs were added with a moderate slope and covered with wood shingles. The balcony could possibly have originally been inspired by Spanish townhouses but was affectionately adopted and modified by new settlers from the eastern U.S. bringing traditional details with them. By the 1920s, eclecticism dominated a fast-growing and style-conscious American culture and as such variations on the Monterey style are broad. Early examples of the Monterey Style tend to favor Spanish detailing such as tile roofs and carved balcony porch posts, while later examples emphasize Colonial details, such as double hung multi-light windows adorned with shutters and paneled entry doors.
(Ord. No. 1082, § 20, 2021)
(a) 
Purpose and intent. The City of San Juan Capistrano finds and determines that the purpose and intent of this section is to:
(1) 
Reduce traffic congestion which contributes to significant deterioration of air quality and increase the efficient use of energy resources;
(2) 
Increase mobility, improve the overall efficiency of the City transportation system by enhancing vehicular flow and shifting transportation demand to facilities with available capacity; and
(3) 
Improve air quality and reduce noise levels associated with traffic.
(b) 
Applicability.
(1) 
The provisions of this section shall apply to all proposed nonresidential development.
(2) 
The facility standards provisions of this section shall apply to proposed nonresidential development projects based on projected number of employees according to subsection (3) of this subsection and based on
Table 3-43. For those facility standards which are discretionary, the Planning Director shall have the authority to require the provision of such improvements based on their trip reduction capability.
Table 3-43 Facilities Standards
Number of Employees
15-25
25-49
50-99
100-249
250+
Rideshare Information Area
R
R
R
R
R
Secure Bike Storage
D
R
R
R
R
Preferential Parking
—
R
R
R
R
Rideshare Passenger Loading
—
D
R
R
R
Shower Facilities
—
—
D
R
R
Bus Turnout*
—
—
—
D
R
Central Lunchroom
—
—
D
D
R
(R: Required; D: Discretionary; —: Not Required)
*
Provided OCTA designates a bus stop adjacent to the project site.
(3) 
For the purpose of determining whether a proposed development project is subject to the provisions of this section, projected total number of employees shall be determined based on the following:
(A) 
Employment projections shall be based on the proposed area (square feet) of nonresidential development, the type of land use, and the following “employee generation factors” included in Table 3-44:
Table 3-44
Employee Generation Factors
Land Use
Building Area/Employee
Commercial
500 square feet
Office
250 square feet
Industrial
525 square feet
Hotel
1.2 rooms
Others
Determined by City Engineer
(B) 
In cases where the applicant believes that the “employee generation factors” of Table 3-44 are not appropriate, they may request approval to use alternative “employee generation factors” subject to review and approval by the Planning Director. The Planning Director may approve such alternative “employee generation factors” based on findings that they are based on comparable or more accurate survey data conducted by a professionally recognized organization and that they will result in a more accurate estimate of potential employees for a given project.
(c) 
Facility standards. All nonresidential development projects which are required to provide rideshare facilities pursuant to subsection (b) of this section shall comply with the following facility standards:
(1) 
Rideshare information area.
(A) 
Rideshare information areas shall be an area that provides employees with information on available transportation alternatives to the single-occupancy vehicle.
(B) 
The area shall be centrally located and accessible to all employees or tenants.
(C) 
Information should include current routes and schedules for public transit, ridesharing match lists, available employee incentives, and ridesharing promotional material supplied by commuter-oriented organizations.
(2) 
Secure bicycle storage.
(A) 
Bicycle storage facilities for use by employees or tenants shall be conveniently located in relationship to employee building entrances.
(B) 
Bike storage facilities shall be provided for five bicycles for every 100 employees or fraction thereof.
(3) 
Preferential parking.
(A) 
A minimum number of parking spaces restricted for use by “car/van pool” vehicles shall be based on the following percentage of total required parking:
Commercial Uses
4.5%
Office/Professional Uses
12.75%
Industrial/R&D Uses
13.5%
Hotel Uses
4.5%
(B) 
“Car/van pool” parking spaces shall be clearly designated by surface painting and/or signs indicating “Carpool vehicle use only” and will be located in close proximity to the employee entrance to the building to the satisfaction of the Planning Director.
(4) 
Rideshare vehicle loading area.
(A) 
Loading areas shall be provided for rideshare vehicles in close proximity to the building’s employee entrance(s).
(B) 
Rideshare vehicle loading areas will be sized to accommodate the anticipated type of rideshare vehicle and should be designed in a manner that does not impede vehicular circulation in the parking area.
(5) 
Employee shower facilities.
(A) 
Employee shower facilities for use by bicycle and pedestrian commuters will be conveniently located and available to all employees.
(B) 
Employee shower facilities shall be provided at a minimum of two for every 250 employees or fraction thereof.
(6) 
Bus turnouts.
(A) 
Bus stop improvements including bus pullouts, bus pads, and right-of way for bus shelters may be required by the City Engineer for major developments located along high traffic volume streets and established bus routes based on the recommendation of the “Transit Authority” which provides public bus service to the project site.
(B) 
Bus stop improvements will be designed to conform with standard traffic engineering standards.
(7) 
Central lunchroom.
(A) 
Central lunchroom facilities will provide employees with on-site food preparation and eating areas. Central lunchrooms shall provide a minimum of 10 square feet per employee.
(B) 
Central lunchrooms shall include, at a minimum, a rangetop, refrigerator, microwave, and sink.
(d) 
Transportation Management Association (TMA) standards. All proposed nonresidential development projects which consist of multi-tenant or multiple parcel development shall be required to establish a Transportation Management Association (TMA) within the conditions, covenants, and restrictions (CC&R) for the property. The TMA provisions of the conditions, covenants, and restrictions shall include the following elements:
(1) 
Establish TMA membership and operational procedures.
(2) 
Establish tenant responsibility to participate in the operation and administration of the TMA and the implementation of TMA programs.
(3) 
Grant the TMA the authority to levy an assessment to finance the programs and activities of the Association.
(4) 
Grant the TMA the authority to administer and implement rideshare and trip reduction programs including but not limited to the following:
(A) 
Implement carpool, buspool, and/or vanpool programs;
(B) 
Fund a vanpool purchase program;
(C) 
Provide cash allowances, passes or other public transit subsidies;
(D) 
Impose parking fees or restrictions on single occupancy vehicles;
(E) 
Provide full or partial parking subsidies for ridesharing vehicles;
(F) 
Administer commuter rideshare matching service;
(G) 
Provide employees with guaranteed ride-home program for ridesharing;
(H) 
Limit service vehicle deliveries to non-peak hours;
(I) 
Provide on-site day care services;
(J) 
Pay cash bonuses for ridesharing;
(K) 
Provide housing including preferential financing, assistance, moving expenses; and
(L) 
Assign staff responsibility for coordinating ridesharing activities.
(e) 
Implementation and exceptions.
(1) 
All applicable nonresidential development projects shall demonstrate compliance with the provisions of this section as part of the land development application review process as follows:
(A) 
Facility standards shall be reviewed for compliance as part of the “site plan review” or “architectural control” application process.
(B) 
The establishment of a Transportation Management Association (TMA) shall be subject to the review and approval of the Planning Director as part of the “subdivision” or “site plan review” process. The approved TMA document shall be recorded prior to the issuance any grading/building permits.
(2) 
The Planning Director shall have the authority to grant exceptions to the provisions of this section based on findings that the exception is not contrary to the purpose and intent of this section and is consistent with the provisions of the General Plan.
(f) 
Enforcement. To assure compliance with this section, the City may withhold the issuance of “building permits,” “certificates of use or occupancy,” and/or “business licenses” for a development project or its tenants until all required facility improvements have been completed and/or any necessary CC&R documents have been recorded.
(g) 
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:
"Development project"
means any proposed nonresidential proposal subject to a discretionary review process including rezoning, subdivision, conditional use permit, site plan review, or architectural control.
(Ord. No. 869, § 2; Ord. No. 1042, § 18, 2017)
(a) 
Purpose and intent. The purpose and intent of this section is to provide for the preservation and maintenance of existing trees within the City while permitting reasonable use and development of properties containing such trees, as well as the reasonable trimming and maintenance of such trees.
(b) 
Severe tree trimming regulations. No property owner or his or her agent in any district in the City shall cause any tree on his or her property to be severely trimmed, unless prior approval is given by the Planning Director, upon recommendation of an arborist.
(1) 
Suggested tree trimming standards. The primary aim of trimming is to preserve the health, beauty, and longevity of trees. Trimming for such purpose will also make trees safer, more functional, and valuable. Practices such as stub cuts, random branch removal, and topping (stubbing back the entire crown) defeat the primary aim, create hazards, and drastically reduce the monetary value of trees. Therefore, such practices shall not be employed. The following standards identify trimming methods which will give maximum benefits to both trees and people:
(A) 
Types of cuts.
(i) 
Removal of laterals,
(a) 
Shoulder cuts. The final cut in removing a lateral branch should be immediately beyond the branch bark ridges, preserving the branch collar, as shown in Figure 3-6. Do not make stub cuts (an inch or more beyond the branch collar). Do not make flush cuts (through the branch collar).
-Image-41.tif
Figure 3-6 Shoulder Cut
(b) 
Triple cuts. For any branch too large to be held while being cut, remove by means of the following cuts, as shown in Figure 3-7:
(1) 
Undercut the branch four inches to 10 inches beyond the base.
(2) 
Cut off the branch beyond the undercut.
(3) 
Remove the remaining stub via a shoulder cut as described above.
-Image-42.tif
Figure 3-7 Triple Cut
(ii) 
Removal of terminals (tip thinning and drop crotching)
(a) 
Thinning. “Lace out” the terminal portions of branches by cutting the terminals back to the laterals as shown in Figure 3-8. (The basal diameter of the remaining lateral should be 1/3 the diameter of the terminal being removed.) Remove numerous small terminals and laterals rather than taking out a few large ones.
-Image-43.tif
Figure 3-8 Thinning
(b) 
Size reduction. To take out portions of the crown for reducing height, remove the terminals back to the laterals as shown in Figure 3-9. Each lateral should be suitably situated to serve as the new terminal, thus establishing the crown at a lower level. The basal diameter of a lateral should be at least 1/3 the basal diameter of the terminal being removed. (Laterals smaller than this cannot function effectively as new terminals, and the effect is then similar to a stub cut.)
-Image-44.tif
Figure 3-9 Size Reduction
(B) 
Pruning functions. Not all of the following procedures will apply to any one tree, and two or more may be performed more or less simultaneously. In most cases, however, trimming done in the following general sequence will be more efficient and will help avoid unnecessary trimming.
As a rule, not more than 1/4 of the total foliage mass should be removed at one trimming. Exceptions are: (1) extreme thinning of heavy crowns of brittle trees, such as lawn-grown (irrigated) kaffir-boom coral trees, and (2) severe thinning of crowns to prevent blow-down when root pruning is done.
(i) 
Remove branches as needed and redirect new growth to clear pedestrian and vehicular traffic areas, buildings, outdoor lights, walls, and other objects, as well as trees and shrubs.
Do not make stub cuts on branches four inches or greater. Do not cut terminals back to very small laterals. Retain a screen effect as much as possible.
(ii) 
Remove dead, broken, diseased, or markedly unthrifty branches.
(iii) 
Remove crossing branches and those which will become crossing branches (such as suckers, water sprouts, and branches growing vigorously into the interior of the crown).
(iv) 
Remove sharp-angled branches. Remove most branches arising at angles of less than 30 degrees (Exceptions: eucalyptus and other species which fuse at branch bases). If a narrow-angled branch needs to be retained for the sake of form, it should be lightened and restricted in growth to reduce the danger of wind breakage.
(v) 
Remove parallel branches. If two branches within a foot or so of each other run parallel for several feet along their main stems the less desirable one should be taken out.
(vi) 
Trim for balance and form.
(a) 
To maintain the natural shape, if a tree grows in an unbalanced manner which is atypical and unattractive, or which poses a potential hazard (as may occur with aleppo pines, for example), remove such branches as may need to be eliminated to restore more typical form or to minimize the perceived hazard.
(b) 
To alter the natural shape, for picturesque or formal effects (for example, espaliers, hedges, sheared specimens, or “Japanese garden” styles), trim in a manner and frequency appropriate to the intended effect.
(vii) 
Trim to reduce wind resistance. (Note: the use of dry habitat trees, such as pinus radiata, eucalyptus species, and kaffirboom corral (erythrina caffra), in irrigated lawns often results in shallow-rooted specimens with excessively tall, heavily foliaged crowns. Such are susceptible to blow-down or limb breakage in high winds. This usually necessitates annual thinning. It does not call for topping: beheading tall or dense trees ruins their form and vitality and intensifies wind hazards in subsequent years.) This type of thinning should be done by removing a large number of small branches rather than a few large branches. The end effect should maintain most of the original form, but with a lacy openness.
(2) 
Exceptions. The Planning Director or the Director of Public Works, subject to the approval of the City Manager, may approve trimming trees in a manner not typical of the natural form of the tree specie. Such approval shall be based upon a finding that the resulting shape is necessary for the public health and safety of the tree and the community or consistency with a project design.
(3) 
Penalties and remedies. The City Council hereby finds and declares that a violation of subsection (b) of this section is a public nuisance.
(A) 
Abatement. In addition to any other civil remedy available, the City Council hereby establishes the following summary abatement procedure pursuant to state law:
(i) 
Notices to abate nuisances. The Enforcement Officer, upon finding that any person has caused a violation of this subsection, and therefore a public nuisance, shall cause a notice to be given to the violator which shall order the violator to immediately cease and desist from further violations of this section.
(B) 
Form of notices. The heading of the notice shall be “Notice to Abate Public Nuisance—Severe Tree Trimming.” Such heading shall be capitalized and on a form containing the following provisions:
Notice is hereby given by the City of San Juan Capistrano that you are violating Section 9-3.557 Tree Preservation of the Cites Municipal Code by causing the severe trimming of a tree. Section 9-3.557 Tree Preservation is attached.
You are hereby ordered to immediately cease and desist from severe trimming of the tree(s). This condition is a public nuisance and must be immediately abated. If this nuisance results in the destruction or removal of the tree as determined by the Enforcement Officer, you are also hereby ordered to immediately replace said tree(s) with mature plantings of the same specie in the same location. If you do not do so within 10 days, the City will cause said replacement, and the costs of replacement, plus reasonable overhead costs, shall be assessed upon the land, and said costs shall constitute a lien upon the land until paid. If you have any objections to the proposed abatement order, you are hereby notified to attend a hearing of the Planning Commission of the City of San Juan Capistrano to be held on ________, 20____, when evidence will be taken as to whether a nuisance exists, objections will be heard to the abatement order, and a final decision will be rendered.
Dated__________, 20_______.
Enforcement Officer
(C) 
Public hearings and determinations. Upon the conducting of a public hearing, based upon the testimony and evidence introduced at the hearing, the Planning Commission shall determine whether the circumstances recited by the Enforcement Officer constitute a public nuisance. Upon making a determination that there exists a public nuisance, the Planning Commission may order that the property owner immediately cease and desist from severe tree trimming and/or immediately order the City abatement of the nuisance, all such costs to be made a lien against the property upon which the trees are located.
(D) 
Public hearings regarding actual costs. Following the City abatement of the public nuisance, the Enforcement Officer shall present to the Planning Commission, during a public hearing, the total costs incurred in the City abatement. The Planning Commission shall then adopt a resolution making a finding as to the reasonable costs incurred in the abatement. The costs of the abatement shall constitute a special assessment against the parcel upon which the trees are located. After the assessment is made and confirmed, it shall be a lien on the parcel. The County Auditor-Controller shall then enter such assessment on the County tax roll opposite the parcel of land in question.
(c) 
Tree removal regulations. The definitions, rules for compliance, identification of procedures, and other matters relating to the removal of trees on public and private property are set forth in Section 9-2.349 Tree removal permit.
(d) 
Definitions. For the purposes of this section, the following definitions shall apply:
"Tree"
shall mean any living woody perennial plant having a trunk diameter greater than six inches, measured at a point three feet above the ground.
"Severely trimmed"
shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of main lateral branches leaving the trunk of the tree in a stub appearance.
"Stand of trees"
shall mean a cluster of trees existing of not less than four trees.
(Ord. No. 869, § 2)
(a) 
In accordance with the Urban Agriculture Incentive Zones Act (California Government Code Section 51040 et seq.) and all amendments thereto, this section establishes an urban agriculture incentive zone (UAIZ) within the City. The UAIZ shall apply to the following zoning districts:
(1) 
Agriculture-Business (A).
(2) 
Residential/Agriculture (RA).
(3) 
General Open Space (GOS).
(b) 
As authorized by the Act, the City may enter into UAIZ contracts with landowners to use vacant, unimproved, or blighted lands for small-scale agricultural use in exchange for tax incentives.
(c) 
As authorized by the Act, the Director may adopt rules and regulations for the implementation and administration of the UAIZ and UAIZ contracts.
(d) 
The City shall not enter into a UAIZ contract or renew an existing UAIZ contract after January 1, 2019, unless the Act is amended to authorize contracts after that date. Any UAIZ contracts entered into pursuant to the Act and this chapter on or before January 1, 2019 will be valid and enforceable for the duration of the UAIZ contract.
(Ord. No. 1051 § 3, 2017)
(a) 
Intersection visibility. On a corner lot in any district, no fence, wall, hedge, or other barrier shall be erected, placed, planted, or allowed to grow so as: (1) to materially impede vision above a height of three feet the triangular area on the parkway side of the curb, at the intersection of streets, which is bounded by the curbs (or a line parallel to and six feet outside the traveled portion of the roadway if there is not curb) and a line connecting the two points on the curb 25 feet from the point of intersection of the curb tangents (see Figure 3-10); or (2) to be in conflict with the vehicular sight distance requirements of the current edition of the California Department of Transportation Highway Design Manual.
(b) 
Driveway visibility. In any district, no fence, wall, hedge, or other barrier shall be erected, placed, planted, or allowed to grow so as to materially impede vision above a height of three feet the triangular area on the parkway side of the curb, located on both sides of a driveway entrance. The triangular area is bounded on one side by: (1) the curb along the street (or a line parallel to and six feet outside the traveled portion of the roadway if there is not curb) from the intersection of the street and driveway for a distance of 10 feet; (2) on a second side for 10 feet inward along the driveway edge from the intersection of the street and driveway; and (3) the third side, a line connecting the two (see Figure 3-10).
-Image-45.tif
Figure 3-10 Intersection/Driveway Visibility Requirements (public/private streets)
(Ord. No. 869 § 2)