Resolution Number 76-9-15-1RESOLUTION NO
76-9-15-1
INTERIM GROWTH MANAGEMENT POLICY
253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
AN INTERIM GROWTH MANAGEMENT POLICY
WHEREAS, the City's residential growth rate has made San
Juan Capistrano the fastest-growing city in Orange County, as
evidenced by population growth to 13,658 from 3,781 in 1970; and
WHEREAS, residential project approvals between 1970 and
1975 have produced an average yearly increase of 600 dwelling
units, with a high of 1122 units in 1972; and
WHEREAS, during 1973 and 1974 the citizens and City
Council of San Juan Capistrano did prepare a Citizens' Policy Plan
and Revised General Plan through a comprehensive public participa-
tion process involving all interests in the community; and
WHEREAS, said General Plan, based upon the Citizens'
Policy Plan and adopted on December 18, 1974, does address the
City's growth rate in the Housing Element, indicating that projected
unrestrained residential growth would exceed the City's growth
policy by 1,600 to 1,700 persons by 1983, and further indicates
the same unrestrained growth will adversely impact local schools; and
WHEREAS, said Housing Element of the General Plan does
specifically require, as implementation measures, the development
of a Growth Management Plan and a Residential Development Impact
Review Procedure in order "to insure that development will be
phased in an organized manner whereby the City's ability to effec-
tively serve the community will not be overburdened"; and
WHEREAS, the Land Use Management Code, adopted September
17, 1975, in order to provide a zoning ordinance consistent with and
serving the General Plan, does include a GM "Growth Management" zone
the purpose of which is, in part, to "provide for open space, agri-
cultural and low density residential uses until land is rezoned to
the district that will most appropriately implement (growth manage-
ment) provisions of the General Plan"; and
WHEREAS, numerous large developable parcels have been
zoned GM "Growth Management", consistent with the provisions of
said zone and the General Plan; and
WHEREAS, the premature and wholesale rezoning of such
properties to accommodate medium and high density residential sub-
divisions, a possibility evidenced by the numerous development
requests under review in the Planning Department, would obviously
work against the growth policy of the City of San Juan Capistrano
and prevent the attainment of a Growth Management Plan as required
by the General Plan.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the
City of San Juan Capistrano does hereby establish the following
Interim Growth Management Policy:
1. Any property owner or other authorized person making
an application to rezone property from the GM or AG zone
to any zone other than PC or RA which will accommodate a
residential subdivision will bear the full burden to
justify such a rezone, which shall not be encouraged by
the City during the development of a City Growth Manage-
ment Plan. Failure on the part of an applicant to fully
justify any such rezone during the required public hearing
process will result in a denial. Possible justifications
for such development proposals may include open space
substantially in excess of General Plan requirements or
densities substantially less than General Plan allowances.
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255
2. Public hearings will be available to all applicants
for developments indicated in Item 1 above, provided
however that the Environmental Review Board, Planning
and Engineering Departments shall not make any significant
expenditure of time in preparing analysis and recommenda-
tion other than is necessary to reflect the policies
contained in this resolution.
3. Tentative tract maps for developments indicated in
Item 1 above shall not be processed simultaneous with
related rezone requests.
4. All tentative maps approved without the necessity of
a rezone shall meet all standards and requirements of the
Land Use Management Code and shall include a condition of
approval calling for a contractual agreement making phas-
ing of the project mandatory, in accordance with a specific
phasing plan.
BE IT FURTHER RESOLVED, that the above Interim Growth
Management Policy shall apply to all matters covered by it until
such time as a final Growth Management System is formally adopted
by the City Council.
PASSED, APPROVED, AND ADOPTED, this 15th day of September
1976, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSEIJT: None
ATTEST:
ITY CLER;
i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 76-9-15-1 adopted by the
City Council of San Juan Capistrano, California, at a regular meeting
thereof held on the 15th day of September, 1976.
(SEAL) 2�
RY A N A OVER, CITY CLERK
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257
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of,,
California and in further compliance with City Resolution
No. 74-1-28-4, and on the 17th day of September ,
197 6 she caused to be posted:
RESOLUTION NO. 76-9-15-1
being: INTERIM GROWTH MANAGEMENT POLICY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
AN INTERIM GROWTH MANAGEMENT POLICY
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange County Public Library,
MARY ANT HANOVER, City Clerk
San Juoh Capistrano, California