Provide for the maintenance and use of land for small farms and orchards, excluding commercial animal raising, in association with single-family dwellings; and

Implement the General Plan concept of providing for large lot, rural residential uses, including, but not limited to, low-density areas where the topography is not amenable to estate-type developments.

Implement the programs and policies of the General Plan, including the Safety Element as it relates to protection from geologic hazards (unstable soils, prevention of erosion, and the like) and the Conservation and Open Space Element relating to the maintenance of the natural character and amenity of hillsides as a scenic resource of the City;

Provide for the utilization of innovative land planning and building design as a means of achieving high quality, flexibility, and efficiency in the design of residential subdivisions within hillside areas of the City.

Provide for the establishment and control of large lot estate type residential areas of low density, located and maintained in accordance with the General Plan; and

Encourage the preservation of a semi-rural residential character without the maintenance of farm-size acreage.

Provide for the establishment of residential areas of low density, located and maintained in accordance with the General Plan; and

Regulate such areas in order to preserve and perpetuate a spacious, low-density residential character.

At least 80% of the spaces in mobilehome parks in the designated Senior Mobilehome Park Overlay District shall be occupied by at least one individual aged 55 years of age or older. If an existing mobilehome park met this qualification on January 1, 2017 and fell below the requisite 80% threshold between that date and the effective date of the ordinance codified in this section, the Senior Mobilehome Park Overlay District shall be applied to that mobilehome park and the park shall be required to operate as a seniors only residential park by renting spaces and mobilehomes only to individuals where at least one occupant of the mobilehome or space is 55 years of age or older.

Except as otherwise provided in State law, spaces and mobilehomes in seniors only residential parks shall be rented only to an occupant who meets the age requirement set forth in Section 9-3.301, subdivision (b) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code; provided, however, that if any occupant of a space or mobilehome does not meet the above specified age requirement for living in a park within the Senior Mobilehome Park Overlay District before January 1, 2017, such occupant shall be allowed to remain. When such occupant ceases to occupy any space or mobilehome, the mobilehome and space cannot thereafter be rented except to an occupant who does meet the age requirement set forth in Section 9-3.301, subdivision (b) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code and is 55 years of age or older.

All signage, advertising, park rules, regulations, rental agreements and leases for spaces in a seniors only residential park in the Senior Mobilehome Park Overlay District must state that the park is a seniors only residential mobilehome park and must specify that such mobilehomes and/or spaces are only available for rent or lease by individuals such that at least one occupant of the mobilehome or space is aged 55 years of age or older.

Each and every mobilehome park within the Senior Mobilehome Park Overlay District and designated as seniors only residential park must have procedures, as may be established and revised by the Director of Community Development from time to time, for verifying that it qualifies as a senior facility under applicable Federal and/or State law, including documentation establishing that at least 80% of the mobilehomes or spaces within the mobilehome park are occupied by at least one occupant who is 55 years of age or older. These procedures shall provide for regular updates, through surveys or other means of initial information supplied to the City by occupants of the park. Such updates must take place at least once every two years commencing within 180 days following the effective date of the ordinance codified in this section. Further, a summary of this occupancy verification documentation required to be maintained by the owner of a seniors only residential mobilehome park shall be available for inspection by the City upon written notice and request by the City.

Calculation of total allowable dwelling units. Within the Hillside Residential (HR) District, the total allowable residential dwelling units shall be calculated based on the total land area within each slope category pursuant to subsection (B) of this subsection, below. All land area included within a parcel may be included in the calculation of total allowable dwelling units, if all land within the parcel is designated for residential development by the Land Use Element of the General Plan.

Residential dwelling unit calculations. Using the slope calculation procedure described in subsection (D) of this subsection, the maximum allowable number of residential dwelling units shall be calculated by totaling the maximum number of dwelling units allowed within each slope category as depicted in Table 3-3.

Clustering of dwelling unit allocations or graduated lot sizes. Within a tentative map, planned development permit, vested tentative map or any other applicable entitlement, dwelling unit allocations calculated for land areas having slopes in excess of 25% shall be transferred to land areas having slopes of less than 25%, except no dwelling units shall be allowed on land with less than 25% slope on or adjacent to a designated ridgeline identified in the Conservation and Open Space Element of the General Plan. When transfers of dwelling unit allocations as described above occur, the resulting minimum lot size for a single-family detached dwelling shall not be less than 10,000 square feet per dwelling unit or unless an exception is granted by the City Council.

Slope calculation procedure. The following method shall be used to determine the slope of any land within the Hillside Residential (HR) District: The parcel of land shall be divided into subareas or cells of approximately 100 feet by 100 feet (30 meters by 30 meters). Within each cell, the slope shall be calculated by the following formula:

Slope map required. All computations for slope and the maximum allowable number of residential dwelling units, including a topographic map, shall be prepared and signed by a registered civil engineer or a licensed land surveyor and submitted to the Environmental Administrator. The topographic map shall have a scale of not less than one inch to 200 feet and a contour interval of not more than 10 feet. This topographic map shall include all adjoining land area within 150 feet of the site boundaries. The map shall depict the slope category of each cell so that cells within the same category are visually recognizable.

Hillside grading requirements. The following hillside grading requirements shall apply in the Hillside Residential (HR) District. In reviewing the subdivision and development plans for hillside areas, the Planning Commission shall ensure the attainment of the following objectives:

Exceptions. Exceptions to the residential unit allocations as determined by the slope density formula may be considered and approved by the City Council, if it is determined that the following has been integrated into the project’s design:

Non-applicability. The development standards and requirements set forth in this subsection, upon a determination of the Environmental Administrator, shall not apply to those specific developments or applications involving site preparation for one or more of the following types of projects:

Recreational facilities. Residential developments shall provide outdoor recreational facilities for the residents of the development. Such facilities may include swimming pools and cabanas, tennis and volleyball courts, open playing fields, children’s play equipment, and similar facilities.

Management agencies. A management agency shall be created to maintain all the recreational facilities and landscaping and to assume other responsibilities as appropriate. The organization shall be set forth in a set of provisions to be approved by the Planning Commission. Management agencies shall be responsible for assuring that the development complies with the maintenance standards per Title 8 of this Municipal Code.

Storage facility. Each unit within a development shall have a personal storage facility designated for the unit use. The storage facility will be enclosed and must be able to secure closed. The facility will not be permitted for living space.

Common Recreational Space. At least 200 square feet per unit of common open space will be required for recreational purposes. Recreational space uses include: community park, swimming pool and spa, gymnasium, picnic shelter/barbecue area with seating court game facility, tot-lot, basketball court, tennis court, soft-ball or baseball field, day care center, or similar uses. For developments with less than 30 units, one recreational space use must be included. For developments with more than 30 units but less than 100 units, two of the recreational space uses must be included. For developments more than 100 units, three of the recreational space uses must be included.

Community focal point. Projects with more than 50 units must incorporate a community focal point. Community focal points are central meeting places which include, but are not limited to, plazas, courtyards, or other landmark features for congregating. This area shall include shading, seating, and decorative features consistent with the design of the units. If enclosed, the structure shall be architecturally embellished to signify a focal point. This area shall be centrally located and accessible to all residents.

New development projects proposed in the MRD-4,000 zone shall be subject to the following processing requirements:

Building material standards.

Site design standards.

Architecture.

Recreational Facilities: Developments shall provide outdoor recreational facilities for the residents of the developments. Such facilities may include swimming pools and cabanas, tennis and volleyball courts, open playing fields, children’s play equipment, and similar facilities.

Homeowner’s Associations: A homeowner’s association shall be created to maintain all the recreational facilities and landscaping and to assume other responsibilities as appropriate. The organization, legal authority, duties, and obligations for such homeowner’s associations shall be set forth in a set of Codes, Covenants, and Restrictions (CC&R) to be approved by the Planning Commission and recorded with the final tract map. Such CC&R shall incorporate provisions for the City to take over or otherwise provide for the maintenance of all recreational facilities, landscaping, and common areas should the City determine that adequate maintenance is not being performed.

Development Plans: Plans approved by the City during the development review process shall not be altered, unless such alteration is approved by the Planning Commission or the Community Development Director as defined in Section 9-3.301(c)(5)(E).

Development Standards: For the purposes of this section, “lot cluster” shall mean any single lot, or group of adjacent lots having a single perimeter boundary enclosing all of the lots. For example, four attached town-homes would have contiguous lots, a single perimeter boundary, and would constitute a lot cluster. The following development standards shall apply in the Planned Residential Development (PRD) District:

Exceptions: All alterations to development plans shall adhere to Section 9-3.301(c)(5)(C) except as follows:

Provide areas, designated in the General Plan, for the development of industrial parks;

Provide for high-quality physical developments within industrial parks by requiring comprehensive planning and the coordination of building design and location, landscaping, parking, interior circulation, and other facilities;

Allow for certain commercial and service uses within such industrial parks which uses are related to the permitted industrial uses or which may serve the employees of the industrial establishments during the normal workday; and

Limit the physical effects of the permitted industrial activities, such as the emission of air contaminants, noise, glare, run-off of pollutants, and other such effects which could be harmful to life or other nearby property,

Objectionable noise, per Section 9-3.531 Noise Standards and the generation of heat or cold, direct or reflected glare, or odors or vibrations detectable by the human senses without the aid of instruments;

Air contaminants not in compliance with adopted standards or adopted by the South Coast Air Quality Management District, including, but not limited to, smoke, charred paper, dust, soot, carbon, noxious acids and oxides, fumes, gases, odors, particulate matter, or any combination thereof which endangers human health or causes damages to vegetation or property;

Radioactivity and electric or electromagnetic disturbances which unduly interfere with the normal operation of equipment, instruments, or appliances on adjacent properties;

Any other emission or radiation which endangers human health, results in damages to vegetation or property, causes soiling, or which exceeds national health service standards; and

Any run-off of pollutants that is in non-compliance with NPDES permits.

Properties within the RO are permitted to operate existing industrial uses, expand existing industrial uses and develop new industrial uses in accordance with the applicable Commercial Manufacturing and Industrial Park zoning standards identified in Section 9-3.305 (Industrial Districts).

Properties within the RO are permitted to be redeveloped with multi-family housing that is consistent with the Very High Density residential zoning standards identified in Section 9-3.301 (Residential Districts).

If a property in the RO is converted from an industrial use to a residential use, no portion of the property may be used for industrial uses.

Prior to approval of any project an Environmental Impact Report (EIR) will be prepared, assessing the specific project description in accordance with the California Environmental Quality Act (CEQA). To support a CEQA determination the following studies, and potential implementation of on- and off-site improvements in response to the studies, may need to be completed: View Simulations, Air Quality Analysis, Traffic Impact Analysis, Cultural Resource Assessment, VMT Analysis, Geotechnical Report, Parking Analysis, Hydrology & Water Quality Master Plan, Biological Resource Analysis, Greenhouse Gas Assessment, Noise Assessment, and Phase 1 Environmental Site Assessment.