Ordinance Number 875ORDINANCE NO. 875)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXTENDING INTERIM URGENCY
ORDINANCE NO. 862 ESTABLISHING INTERIM OVERLAY ZONING
REGULATIONS FOR A CERTAIN AREA OF THE CITY COMMONLY
REFERRED TO AS "McCRACKEN HILL"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Intent.
On April 16, 2002, the City Council adopted an interim zoning ordinance (Ordinance
No. 862) pursuant to Government Code section 65858 which established interim overlay
zoning regulations for the construction or reconstruction of residential structures in an area
of the City commonly referred to as "McCracken Hill". This enactment was done at the
request of McCracken Hill residents pursuant to a petition request filed with the City. The
City Council received substantial public input at the City Council meeting of April 16 in
support the interim zoning ordinance; and,
On May 21, 2002, the City Council extended the interim zoning ordinance
(Ordinance No. 862) pursuant to Government Code section 65858 for a period of ten (10)
months and fifteen (15) days so that the ordinance would expire on April 15, 2003; and,
As Ordinance 862 notes: "The Area in question lies in a prominent unique hillside
area dotted with homes with significant view corridors to Capistrano Valley ridgelines that
dominate this City's topography. The residents petitioned the City for the imposition of
specific zoning overlay regulations to insure that City zoning provisions are harmonized
with existing deed restrictions affecting the subject parcels identified in Exhibit A. More
specifically, Area residents have concerns that existing City zoning regulations fail to
sufficiently deal with view corridor, building mass, and building floor area, and light and air
dispersal issues associated with this unique hillside of the City;" and,
The purpose of the interim zoning ordinance is, in part, to allow sufficient time to
conduct a specific zoning study for the purpose of evaluating the possibility of enacting
permanent overlay zoning regulations to address Area residents' land use concerns. The
May 21, 2002 staff report indicates that additional time is necessary to conduct this zoning
study. The City Council finds and determines that more time is needed to complete the
zoning study, and that the interim regulations set forth in Ordinance 862 governing
residential construction, or reconstruction, in this unique area of the City should remain in
effect.
SECTION 2. Extension of Interim Ordinance 862/Effective Date.
Pursuant to Government Code section 65858, interim ordinance No. 862 is hereby
extended for a period of twelve (12) months. This ordinance shall remain in effect until April
15, 2004.
SECTION 3. Statutory Finding,
Pursuant to Government Code section 65858, the City Council further finds and
determines that there is a current and immediate threat to the public health, safety, and
general welfare arising from potential development applications from property owners within
the McCracken Hill area in that the City of San Juan Capistrano does not have site specific
zoning regulations dealing with height, building mass and square footage requirements for
hillside residential properties which take into account said land use considerations;
accordingly, the Council further finds that the approval of any additional building permits
or other related land use entitlements which are inconsistent with the specific interim
regulations set forth in Ordinance 862 pending a zoning studywould result in a threatto the
public health, safety, and general welfare of the community.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published once
within fifteen (15) days after passage and adoption as required by law; or, in the alternative,
the City Clerk may cause to be published a summary of this Ordinance and a certified copy
of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior
to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the
City Clerk shall cause to be published the aforementioned summary and shall post a
certified copy of this Ordinance, together with the vote for and against the same, in the
Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 18th day of March 2003.
ATTEST:
R,�
AR ARET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing is a true and correct copy of Urgency Ordinance
No. 875 which was introduced and adopted at a Public Hearing held at the Regular
Meeting of the City Council on the 18th day of March 2003 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto and Mayor Gelff
NOES COUNCIL MEMBERS: None
ABSENT: COUN L MBERS: None
0
City
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Code section 36933(1) of
the State of California.
On the 10th day of March 2003, at least 5 days prior to the adoption of the ordinance, I
caused to be posted a certified copy of Ordinance 875, adopted at the March 18, 2003
City Council meeting entitled:
"AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO. 862
ESTABLISHING INTERIM OVERLAY ZONING REGULATIONS FOR A
CERTAIN AREA OF THE CITY COMMONLY REFERRED TO AS
'MCCRACKEN HILL"'
This document was posted in the Office of the City Clerk
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31ARET R. MONAHAN, CITY CLERK
uan Capistrano, California