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Ordinance Number 880ORDINANCE NO. 880 AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING THE PROVISIONS OF ORDINANCE NO. 877, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858, RELATING TO LAND AREA COMMONLY KNOWN AS "MISSION HILL/MISSION FLATS" THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Intent. At the City Council meeting of April 1, 2003, residents of an area within the City of San Juan Capistrano, commonly referred to as the "Mission Hills/Mission Flats" area have orally petitioned the City Council for the enactment of an urgency interim ordinance to prevent further construction of higher intensity uses such as duplexes or other multiple family construction in the area pending a zoning study for the purpose of insuring that further construction of such uses and structures will not pose a threat to the community health, safety in this area. Specific concerns have been cited by the area residents such as traffic, parking, intensity of development as it relates to the scale of buildings to the surrounding neighborhood, and the design and architectural compatibility with the area. In response to these expressed concerns the City Council hereby finds that it is appropriate to initiate a zoning study to further study these above stated zoning issues. In addition, the City's Planning Department has advised the City Council that there are presently building plans and development applications that have been submitted for the construction of new duplexes and secondary dwelling units within the study area such that it is necessary to enact interim rules prohibiting construction of such uses at this time, pending completion of a planning study. In accordance with these findings, the City Council on April 15, 2003 did adopt Ordinance No. 877, an interim urgency ordinance. Said ordinance will expire on May 30, 2003 unless extending by the City Council in accordance with procedures of Government Code Sections 65090, and 65858. Pursuant to Government Code Section 65858, the Planning Department has prepared a report setting forth the reasons why an extension is necessary and the actions that have been taken in the interim period to complete the zoning study identified by Ordinance No. 877. Furthermore, the City Council has conducted a public hearing on May 20, 2003 in accordance with the provisions of Government Code Section 65090 to receive public testimony on the extension of the provisions of Ordinance No. 877 for a further 10 months and 15 days. Based upon a review of the report from the Planning Department and testimony on the possible extension of the provisions of the Ordinance No. 877, the City Council finds that 05-20-03 an extension of time is necessary to complete the preparation of the zoning study and conduct public hearings on possible modifications to the zoning regulations that apply to the study area. Section 2. Establishment of Interim Urgency Zoning Rules for "Mission Hills/Mission Flats" Area. (a) Beginning on the effective date of this ordinance, no building permit or any other land use entitlement application shall be issued so as to permit the immediate construction of any of the following land uses for the "Mission Hills/Mission Flats" area: (1.) Issuance of any building permit for the construction of a new single family dwelling units, duplex unit, multiple family unit or building addition to existing residential units; and, (2.) Approval of a development application for a parcel map, tract map, or secondary dwelling unit, except where a parcel map is associated with a parcel that has been previously developed and no further physical improvements are necessary to use the property as a residential use, consistent with the RG -4500 District development standards. (b) The "Mission Hills/Mission Flats" area is hereby defined to include the land area as set forth in Exhibit "A" attached and incorporated herein by reference. (c) This urgency ordinance shall not otherwise prevent the processing of any land use application authorized underthe applicable zoning forthe area, short of the issuance of the applied for entitlement. (d) The prohibition established herein is applicable to any development application of any kind that is applicable to those so stated in subpart (a), above, excluding any presently pending applications. However, any presenting pending applications shall be subject to architectural control permit requirements of the Municipal Code. Section 3. Preparation of Planning and Zoning Study. The Planning Department is hereby directed to continue under the authority of Government Code Section 65858, to perform a zoning study to determine whether zoning amendments are required to be made to address the stated land use concerns as expressed by the petitioning area neighbors. Section 4. Statutory Findings. Pursuant to Government Code Section 65858, the City Council 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 study area identified in Exhibit "A", in that the existing zoning for the area may in fact authorize overly intense development of the area in relation to existing public infrastructure including such 05-20-03 manners as width of streets, available resident parking, and potential incompatibility of architectural design with the existing residential neighborhood structures. Accordingly, the City Council further finds that the approval of any additional building permits for residential structures such as new single family homes, duplexes, and secondary dwelling units pose a threat to the public health, safety, and general welfare of the "Mission Hills/Mission Flats" community until such time that a zoning study can be completed and acted upon. The City Council further finds upon review of the report from the Planning Department that additional time is necessary to complete the zoning study and conduct formal public hearings to consider modification to the zoning provisions that apply to the study area. Section 5. Effective Date/Time. Pursuant to Government Code Section 65858, this interim urgency ordinance shall be in full force and effective until April 14, 2004, unless extended for a further period in accordance with Government Code Section 65090 and 65858. PASSED, APPROVED AND ADOPTED, on May 20, 2003. 1 Joh e ff, MaKr �1- ATTEST: AQ( Margaret R. Monahan, City Clerk 05-20-03 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. 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 Ordinance No. 880 which was adopted and passed at the Regular Meeting of the City Council on the 20th day of May 2003 by the following vote, to wit: AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto and Mayor Gelff NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None . M.71 MAR a Vi lk Y�'R Ciia,4lu-.r.P y� rvT iC.v } t Y.N J .nY My�+�t Nei mc kk ybiMh t. A l 'ice � e S '� �� R. �� � i V '� ` •, J y-z- IrUy iGY F r alit SON r ti yyyyjj �FSCJnY'EfY�l.5T'w'u -•. r'+�r,�� �1 - _ '. 41, ct a =_ b!..Tilt3t�.4 .� r��'�iM9li y, 'j nYf. *ML.