Ordinance Number 807235
URGENCY ORDINANCE NO. 807
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AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING REGULATIONS FOR THE
MITIGATION OF SCHOOL OVERCROWDING ARISING FROM THE
BUILDOUT OF RESIDENTIAL AREAS WITHIN THE COMMUNITY, BASED
UPON THE FINDINGS THAT SUCH INTERIM REGULATIONS ARE
NECESSARY TO RESPOND TO AN IMMEDIATE THREAT TO THE
PUBLIC'S HEALTH, SAFETY AND WELFARE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
WHEREAS, California Government Code Section 65858(a) permits local
jurisdictions to establish interim urgency ordinances for specified period to conduct planning
studies on specific issues that may have an immediate impact upon the public's health, safety, and
general welfare if such ordinance was not imposed; and,
WHEREAS, the Capistrano Unified School District has notified the City of San
Juan Capistrano that three schools located within, and serving children from, the City are severely
overcrowded and have very limited capacity to accommodate further portable classrooms due to
limited site area; and,
WHEREAS, the other two schools serving the City's school population are at
capacity and anticipated residential development already authorized by building permits and
approved residential subdivision will add 337 residential units within the near future; and,
WHEREAS, the City has pending development applications that would create, if
approved, an additional 1,068 residential units along with the previously -approved subdivisions,
creating an increased school population demand upon the Capistrano Unified School District; and,
WHEREAS, there is an immediate need to establish a financial method that will
provide sufficient funding for the acquisition and construction of new school facilities to mitigate
and ameliorate the overcrowding condition that will continue to occur from new residential
development within the City unless mitigated; and,
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WHEREAS, this ordinance is necessary because the existing classroom
overcrowding condition is a current and immediate threat to the public health, safety, or welfare
unless mitigated with additional school facilities; and,
WHEREAS, based upon the above findings it is necessary to establish interim
regulations for the mitigation of further overcrowding of existing school facilities arising from the
construction of new residential subdivisions due to the potential immediate threat to the public
health, safety and general welfare.
Any general plan amendment, rezoning, tentative subdivision map, or use permit
approval authorizing the construction of residential units occurring after February 16, 1998, shall
be subject to the requirement that the applicant establish a Mello -Roos Community Facility
District in conjunction with the Capistrano Unified School District and/or City to support the
Capistrano Unified School District in its efforts to construct permanent classroom facilities. The
formation of a Community Facility District shall occur upon the mutual approval of both the City
and the Capistrano Unified School District.
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This urgency interim ordinance shall not apply to any residential subdivisions for
which a valid tentative subdivision has been approved and are developed consistent with such
approvals. No other exemptions are granted and any pending development applications shall be
subject to this Interim Urgency Ordinance.
SECTION 4. Preparation of Planning Study.
The Planning Services Department is hereby directed to perform a planning study
in coordination with the Capistrano Unified School District to determine whether a Mello -Roos
Community Facility District or other form of mitigation measure shall be permanently instituted
to ameliorate the overcrowding of classroom conditions as described in Section 1 of this
ordinance.
SECTION 5. Effective Date.
Pursuant to Government Code Section 65858(a), this Urgency Ordinance shall take
effect and be in force on the date of its adoption and shall be of no further effect nor force forty-
five (45) days after its adoption. This Urgency Ordinance may be extended for an additional 10
months and 15 days subject to a four/fifths vote upon conducting a hearing pursuant to the
provisions of Government Code Section 65090.
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The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be published once as required by law and posted at the duly designated posting places within
the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 17th day of
February , 1998. -------- --
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ATTEST:
STA'L'E OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 807 which was adopted at a meeting of the City Council of the City of San Juan
Capistrano, California, held on February 17 , 1998, by the following vote:
AYES: Council Members, Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JWNSON, CITY CLERK
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