Purpose. Chapters 1 through 5 of this title have been adopted in accordance with Section 65800, et seq., of the Government Code of the State of California and are established to serve the public health, safety, and general welfare, to implement the General Plan, and to provide the economic and social advantages resulting from an orderly planned use of land resources.

Title. Chapters 1 through 5 of this title shall be known as the “Land Use Code of the City of San Juan Capistrano.”

Authority. Chapters 1 through 5 of this title are enacted pursuant to the Government Code of the State and other State and Federal Statutes.

Effective date. Chapters 1 through 5 of this title shall take effect and be in force on and after November 15, 2002.

Effect of provisions on existing laws. Except as otherwise specifically provided, the provisions of Chapters 1 through 5 of this title shall not be interpreted to repeal, abrogate, annul, or in any way affect any existing provision of any statute, permit, deed restriction, or covenant adopted or issued relating to the use of land or buildings or the erection, construction, moving, alteration, or enlargement of any structure or improvement.

Effect of provisions on developed land. The provisions of Chapters 1 through 5 of this title will apply to new development, as well as the modification and redevelopment of previously developed land, unless otherwise limited by Section 9-3.533, Nonconforming uses, lots, and structures of this title.

Interpretation of provisions as minimum requirements. The provisions of Chapters 1 through 5 of this title shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. Wherever the requirements of Chapters 1 through 5 of this title are at variance with the requirements of any other lawfully adopted rule, regulation, or statute, the most restrictive requirements or those imposing the higher standards shall govern.

Definitions. For the purposes of Chapters 1 through 5 of this title, certain terms are defined in Appendix A Definitions to this title. Such definitions are hereby incorporated in this section and made a part of Chapters 1 through 5 of this title as if fully set forth in this section. No amendment, addition, or deletion to the definitions set forth in Appendix A Definitions shall be made except by ordinance.

Shall provide the engineering and technical review of all plans, specifications, and methods of construction for conformance with the latest adopted California Building Code and good engineering practices;

Shall provide the engineering and technical review of plans and field inspections of drainage, soil, and geological conditions relating to building and earthwork construction as set forth in Chapters 1 through 5 of this title;

Shall be responsible for the following inspection and plan checking duties:

Review the plans and process building permit applications for subdivisions, create and assign official addresses, investigate complaints, and conduct the follow-up of violations to this title, including serving as courtroom witness; and

Issue certificates of use and occupancy for all building construction and modifications that may change the occupancy or building classification of existing buildings.

The Director of Public Works is designated or his or her agent is designated as the “Floodplain Administrator” and shall be vested with the authority and responsibility to administer those provisions to include administration, interpretation, decision making, violations and permit review process within the Floodplain Administrator’s authority under this Code.

Authorized to administer the provisions of the State Subdivision Map Act for tentative parcel maps, tentative tract maps, final maps, vesting tentative maps, mergers, lot line adjustments and reversions to acreage.

Authorized to review process and implement capital improvement projects to include public improvement plans and outside agency development review.

The Director of Public Works shall have the direct authority and responsibilities wherever Chapters 1 through 5 reference the City Engineer.

The Planning Director shall be responsible for the processing of all development applications contained in Chapter 2, Article 3 Development Review Procedures of this title, in accordance with the applicable provisions contained in said article.

The Planning Director or designee shall be the reviewing authority for minor modifications to existing approvals or existing development, and minor expansions, additions or exterior alterations to existing development sites and structures in accordance with the procedures and provisions of Section 9-2.303 (Administrative Approvals).

The Planning Director shall be responsible for determining the applicable section(s) of this title that apply to specific development issues; for making interpretations of code requirements; for making determinations on unlisted uses in accordance with Section 9-3.203; and for making interpretations of district boundaries in accordance with Section 9-3.105.

The Planning Director shall investigate and submit to the Planning Commission or City Council, his or her findings on appeals where it is alleged there is an error or abuse of discretion in any order, requirement, decision, or determination made during the administration of Chapters 1 through 5 of this title.

The Planning Director shall have authority or responsibilities where said authority or responsibility is assigned to the Director by the provisions of Chapters 1 through 5 of this title. Said authority and responsibility may be delegated through deputies or assistants appointed by him or her for such purpose.

The Planning Director shall choose to refer any application described in this article to the Planning Commission as the reviewing authority when the Planning Director determines that:

When any application described in this article is filed in conjunction with, and is a part of, a project that requires Planning Commission action on the related land use applications, such application shall automatically be referred to the Planning Commission in conjunction with the other pending applications.

Appeals. All determinations by the Planning Director may be appealed to the Planning Commission and ultimately to the City Council in accordance with Section 9-2.311, Appeals.

Overseeing all the duties and responsibilities as prescribed for the Building Official, whom he or she supervises.

Authorized and directed to investigate all purported violations of any of the provisions of Chapters 1 through 5 of this title. If a violation is determined to exist or be pending, the Director of Planning or his/her designee is hereby authorized and directed to take such measures as deemed necessary or expedient to enforce and secure compliance with the provisions of Chapters 1 through 5 of this title.

Where any use of land or a building or erection, construction, reconstruction, moving, alteration, or addition to any building or structure is being done contrary to the provisions of Chapters 1 through 5 of this title, the Director of Planning may order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized to recommence by the Director of Planning.

Office of Zoning Administrator created. The office of Zoning Administrator is hereby established pursuant to the authority granted to cities under Section 65900, et seq. of the Government Code of the State of California.

Intent and purpose. The office of Zoning Administrator is established to increase the efficiency and responsiveness of the administration of the City’s zoning regulations in the following areas:

Appointment of Zoning Administrator. The Planning Director shall appoint the Zoning Administrator and such alternate persons to act for, and in behalf of, the Zoning Administrator during his or her absence.

Authority of Zoning Administrator. Subject to the general control and supervision of the Planning Director, the Zoning Administrator shall have authority in the following areas:

Zoning Administrator procedures.

Appeals. All determinations by the Zoning Administrator may be appealed to the Planning Commission and ultimately to the City Council in accordance with Section 9-2.311, Appeals.

Violations. Any building or structure set up, erected, built, moved, or maintained or any use of property contrary to the provisions of Chapters 1 through 5 of this title or any condition attached to the granting of any use permit, conditional use permit, or variance is hereby declared to be unlawful and a public nuisance and shall be punishable as set forth in Chapter 2 of Title 1 of this Municipal Code.

Abatement. The duly constituted authorities of the City shall commence an action or proceeding for the abatement, removal, and enjoinment of such violation in the manner provided by law and shall take such other steps or shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or use and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any such building or structure or using any property contrary to the provisions of this Code.

Revocation of permits and variances. The failure of any person to abide by and faithfully comply with the specifically approved development plan and any and all conditions which may be attached to the granting of any use permit, conditional use permit, or variance pursuant to the provisions of Chapters 1 through 5 of this title shall constitute grounds for the revocation of such use permit, conditional use permit, or variance by the City Council. Judicial procedures will be used at the revocation hearing when reviewing potential failures to comply with the project as specifically approved.

Remedies cumulative. All remedies provided for in this section shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, nor prevent the enforced correction or removal thereof.

The Director of Public Works Services or his/her designees are hereby authorized to notify, cite, and take legal action against any person who is in violation of the provisions of this Code. The City Attorney is authorized to institute any legal proceedings to enforce the provisions of this Code.