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Resolution Number 76-11-3-4379 RESOLUTION NO. 76-11-3-4 DENIAL OF WAIVER OF DEVELOPMENT PHASING (WESTPORT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING A REQUEST FOR RELIEF FROM THE PROVISIONS OF ORDINANCE NO. 308 FOR TENTATIVE TRACT 7616 WHEREAS, Westport Home Builders has applied for relief from the provisions of Ordinance No. 308, which imposes a build- ing permit phasing schedule for Tentative Tract 7616 and other approved subdivisions in the City; and WHEREAS, the City Council has made the following findings relative to the requested modification of the phasing schedule: 1. Ordinance No. 308 does not halt the issuance of building permits in Tentative Tract 7616. Forty-two building permits have been allocated for immediate issuance before Janu- ary 1, 1978. The remaining 90 permits have been allocated as issuable after January 1, 1978. Thus construction may continue uninterrupted within the project. 2. The developer has presented no information to indicate an unusual hardship for the subject project resulting from Ordinance No. 308 that is not generally true of the other developers subject to the provisions of the ordinance. 3. Ordinance No. 308 is a temporary urgency ordi- nance which will expire in January 1977. At that time, these growth management requirements will be thoroughly reviewed within the context of the City's entire growth management pro- gram. Modifications may be made, if deemed necessary, at that time. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby deny the request for the modification of Ordinance No. 308 for Tentative Tract 7616. PASSED, APPROVED, AND ADOPTED this 3rd day of November 1976, by the following vote, to wit: AYES: Councilmen Friess, Heckscher, McDowell, Sweeney and Mayor Nash NOES: None ABSENT: None -DOUGLAS NASH, MAYOR ATTEST: CITY CLE STATE 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. 76-11-3-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of November, 1976. (SEAL) MARY AN/NHANOVER, CITY CLERK -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) and says: AFFIDAVIT OF POSTING MARY ANN HANOVER, being first duly sworn, deposes 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 5th day of November 197 6 , she caused to be posted: being: RESOLUTION NO. 76-11-3-4 DENIAL OF WAIVER OF DEVELOPMENT PHASING (WESTPORT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING A REQUEST FOR RELIEF FROM THE PROVISIONS OF ORDINANCE NO. 308 FOR TENTATIVE TRACT 7616 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 ANN ANOVE , City Clerk San Jua Capistrano, California