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Ordinance Number 817URGENCY ORDINANCE NO. 817 SUSPENDING THE PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS TO CONDUCT A REVIEW AND UPDATE OF THE GENERAL PLAN AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUSPENDING THE PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS IN ORDER TO CONDUCT A COMPREHENSIVE REVIEW AND UPDATE OF THE CITY'S ADOPTED GENERAL PLAN AND THE NEED TO INSURE THAT DEVELOPMENT APPLICATIONS ON LARG$ VACANT PARCELS ARE NOT CONSIDERED DURING THIS INTERIM PERIOD TO INSURE LONG-TERM LAND USE OPTIONS REMAIN AVAILABLE TO CREATE, MAINTAIN AND SUSTAIN A BALANCED AND VIABLE COMMUNITY BASED UPON THE FINDINGS THAT SUCH INTERIM REGULATIONS ARE NECESSARY TO PROTECT 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. Findines. WHEREAS, California Government Code Section 65858 permits local jurisdictions to protect the public safety, health and welfare, and legislative bodies may adopt as an urgency measure an interim ordinance prohibiting any use which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the legislative body is considering or studying or intends to study within a reasonable time; and, WHEREAS, the currently adopted General Plan was adopted in December 1974 and although individual elements have been revised, amended, added and adopted since this initial adoption, a comprehensive review of the overall document has not been conducted; and, WHEREAS, during this past year a number of issues have been raised regarding the adequacy of certain elements of the General Plan and its implementing ordinances; and, WHEREAS, the land use element has not been updated and revised since its adoption in December 1974, and contains a number of statistics and specific actions of the City in the plans implementation during these past years that should be reflected in both revised text and diagrams and further evaluation of land use designations that may not be appropriate and/or compatible with the overall goals and policies of the General Plan which should be studied; and, WHEREAS, the circulation element shows a number of arterial road alignments that may not be either financially or physically capable of being implemented as shown on the adopted plan such as San Juan Creek Road from La Novia to La Pata, Avenida Siega from Ortega Highway -i- 290 to San Juan Creek Road, Camino Los Padres from Street of the Golden Lantern to Camino Capistrano, Camino Las Ramblas from its existing terminus to La Pata, Alipaz Street from Del Obispo Street to Junipero Serra Road, and Camino Capistrano north of Junipero Serra; and, WHEREAS, the public facilities element as it relates to school facilities and the financing and location of future locations to serve the population of this City has not been revised since 1982, and recent information from the Capistrano Unified School District has shown that existing facilities are presently either overcrowded or facing overcrowding within the immediate future from building permits currently authorized; and, WHEREAS, a financial analysis was conducted on the then proposed General Plan (1974) which demonstrated that implementation of the plan would result in a viable and sustainable community, and since that time with approval of Proposition 13 in 1978 and other changes in the financing of local government services and audit of the General Plan has not been completed to determine if the existing General Plan continues to be a viable and sustainable plan that will generate sufficient operating revenues to fully fund local services as noted in the General Plan upon full implementation; and, WHEREAS, on Apri17, 1998, the City Council initiated anamendment study of the Land Use Element of the General Plan to update and bring it current with the existing conditions of the City; and, WHEREAS, there is a continuing need to conduct a comprehensive review and update of all elements of the City's adopted General Plan to ensure compliance with all provisions of the California Government Code as it relates to mandatory provisions to be included and addressed in a local jurisdictions General Plan; and, WHEREAS, this ordinance is necessary to preclude major development applications from being processed during this interim period that a comprehensive review of the General Plan is in progress so as to insure that any pending development applications will not be in conflict with any recommended modifications to the General Plan in order to protect the public's health, safety and general welfare; and, WHEREAS, the City Council has conducted a duly noticed public hearing consistent with the provisions of California Government Code 65090 and applicable provisions of the San Juan Municipal Code. WHEREAS, based upon the above findings, it is necessary to adopt an Interim Urgency Ordinance establishing a suspension on the processing of all development applications, except those specifically excluded under Section 3, in order to complete a comprehensive review of the City's adopted General Plan in order to insure that any future or currently pending development applications will not create a potential threat to the public health, safety and general welfare in the creation of a balanced and sustainable community upon its full implementation. -2- Z`#I SECTION 2. Suspension on Processing of Development Application During Interim Period to Allow a Comprehensive Review and Update of City's General Plan a. Suspension of Processing of Development Applications. The City's Planning Services Department is to suspend formal processing of all development applications, unless a proposed development application falls within any of the exemptions set forth in Section 3, during the period that this interim urgency ordinance remains in full force and effect. b. Data Collection and Preparation of Planning Reports for Proposed Projects Permissible. The Planning Services Department is authorized to conduct informational or special studies on proposed project applications, including but not limited to the preparation of environmental impact reports. However, no formal meetings or public hearings shall be conducted concerning such documents with respect to said adequacy of these studies nor with the processing of land use entitlement for proposed projects during the life of this interim urgency ordinance. C. City Council Six Month Review of Interim Urgency Ordinance. Pursuant to Government Code Section 65858, this ordinance shall be legally effective for a 45 day period. In the event that this ordinance is extended by the City Council, the Council shall conduct a review of this ordinance and the progress of the planning study in the City's efforts to update the City's General Plan within six (6) months from the effective date of the urgency ordinance extension. SECTION 3. Exemptions. This urgency interim ordinance shall not apply to the following categories of land use development applications: a. Projects for which a Vesting Tentative Tract Map has been previously approved. b. Projects with an approved Tentative Tract Map and for which a Mass Grading Permit has been issued. C. Residential projects for which there is an approved Development Agreement and/or Settlement Agreement. -3- 292 d. Any amendments to the land use entitlement for projects exempt under subparagraphs a - c above, provided the amendment does not increase the density or intensity of the use of the property from that set forth in the above entitlement. e. All new residential subdivisions of 50 or fewer lots or units. f. Any new residential application that restricts age of residents to greater than 55 years of age and older. g. Any new residential application that is consistent with the provisions of 9- 3.511 of the City's Municipal Code. h. All non-residential and retail projects of less than ten (10) net usable acres (would exclude large natural or manufactured slopes). i. Any public institutional use (i.e. churches, schools, medical, senior assisted care facilities, and utility and government facilities). j. Continuation of general agricultural operations permitted by the underlying zoning for a particular parcel. k. However, any proposed development application submitted for processing under this subsection shall be proposed for the entire acreage of the parcel such that the City shall not process any application in which the applicant seeks only to subdivide a smaller portion of the entire parcel. SECTION 4. Excektions. The City Council reserves the right to consider applications for exceptions to Section 2 of this ordinance providing the applicant is requesting a minor deviation from any particular exemption category set forth in Section 3. The City Council further reserves complete discretion to determine in any given instance what constitutes a minor deviation from an exemption category. SECTION 5. Preparation of PlanningStudy. tudy. The Planning Services Department is hereby directed to perform a comprehensive planning study including a review and update of the City's General Plan SECTION 6. Findings of Necessity. The City Council hereby finds and determines that there is a current and immediate threat to the public health, safety, and general welfare of the community based upon the findings set forth in Section 1, above, of this ordinance, and that the approval of additional subdivisions, use permits, site plans, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance, except as exempted under Section 3, would result in that threat to public health, safety, and welfare. SECTION 7. Effective Date. Pursuant to Government Code Section 65858(b), Interim Urgency Ordinance No.aj�, is hereby adopted and shall be in force and effect for 45 days from this date of adoption. After notice pursuant to Section 65090 and public hearing, the City Council may by four/fifths vote extend this interim ordinance for an additional 22 months and 15 days after conducting a noticed hearing pursuant to Section 65090. PASSED, APPROVED AND ADOPTED this 16th day of June 1998. ATTEST: (2X Z'4zj 11 -- CITY CLE -5- 293 294 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, 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 Urgency Ordinance No. 817 which was adopted at a meeting held on June 16 1998, by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones. NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOH9SONXITY CLERK no