San Juan Capistrano Municipal Code Ch. 4 Right-of-Way Structures

The provisions of this chapter are enacted to implement the land use laws of the City. The land use laws seek to establish and preserve the orderly development of the City, while at the same time perpetuating the historical atmosphere surrounding the center of the City and the Mission of San Juan Capistrano. Other laws of the City seek underground utilities and proper setbacks and the spacing of residential areas. The whole atmosphere of the planned development of the City is in complete accord with the beautification program sponsored by Lady Bird Johnson, and it is the intention of this chapter to assist the City in continuing towards such goal.

(Ord. No. 121, § 1)

For the purposes of this chapter, “structures” shall mean any thing constructed or erected, the use of which requires location on or in the ground, expressly prohibiting rural and other type mailboxes and rural containers for newspapers.

(Ord. No. 121, § 2)

It shall be unlawful to erect, or cause to be erected, or maintain, or cause to be maintained, any structure within the public rights-of-way within the City, except for those structures which serve the interests of the general public, such as fire hydrants, street signs, street lights, public postal receptacles, and public utility structures.

(a) Building in public place unlawful. It is unlawful for any person, firm or private corporation to erect, construct or place any permanent building, structure or edifice, or any encroachment whatsoever, upon any public street, alleyway, sidewalk, court or park of this City, as shown, delineated and/or designated as such, upon any official or recorded map, plat, or survey of the whole or any part of the area included within the corporate limits of this City, without first obtaining a valid permit for such construction from the appropriate authority of the City.

(b) Owner responsible for maintenance. The maintenance, repair and upkeep of all private structures and improvements, including landscaping, located within a public right-of-way shall be the responsibility of the adjoining property owner. Private structures are defined generally as those that benefit only the abutting property and do not serve the public at large, including, but not limited to, driveways, planters, walls, fences, landscape areas, entry walkways, sidewalks, irrigation devices, electrical facilities and other utilities connected to the house meter. If, in the opinion of the City, such improvements interfere with the public interest or use, they shall be removed at the owner’s expense upon written notice from the City.

(Ord. No. 121 § 2; Ord. No. 1102, § 6, 2022)