Ordinance Number 639ORDINANCE NO. 639 2-95
PROCESSING DEVELOPMENT APPLICATIONS
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REGARDING THE PROCESSING AND
APPROVAL OF APPLICATIONS FOR DEVELOPMENT APPROVALS
SUBJECT TO MEASURE -X PENDING THE COMPLETION AND
ADOPTION OF A TRAFFIC AND DEVELOPMENT PLANNING
REPORT PURSUANT TO GOVERNMENT CODE SECTION 65858
(URGENCY)
Whereas, the voters of the City of San Juan Capistrano approved Measure X in
a City special municipal election held November 8, 1988, said initiative requiring that
development projects maintain and achieve certain minimum levels of service for traffic
flow, flood control, police, fire, and paramedic response times, and provision of parks;
and,
Whereas, the City Council, at its meeting of December 6, 1988, declared the
results of the election held November 8, 1988 finding that Measure X has passed by a
majority vote; and,
Whereas, Section 6 of Measure X requires that the City, within a period of six
(6) months, revise its General Plan and other zoning ordinances to specifically reflect
provisions of Measure X; and,
Whereas, until a traffic and development planning study report is prepared and
approved, the City will be unable to evaluate whether the cumulative impacts of
development applications would exceed Measure X standards and if so, what mitigation
measures may be required to assure compliance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings and Intent.
The City Council finds that Measure X, by ordinance, amends the City's
General Plan providing for planning and zoning restrictions affecting private
developments within the City of San Juan Capistrano. More specifically, Measure X
establishes complex standard levels of service with respect to traffic circulation, flood
protection, police, fire, and paramedic response times which must be satisfied prior to
land use approvals for private development. The City Council hereby finds that Measure
X is of such complexity that an extensive planning study will have to be undertaken to
determine how Measure X interfaces with existing planning and zoning regulations of the
City. Accordingly, it is necessary to adopt an urgency ordinance prohibiting the
processing of development applications for commercial or residential uses within the
City until such time as a planning and zoning study is completed.
SECTION 2. Restrictions on Processing Applications.
During the period of the planning and zoning study and the operation of this
Interim Ordinance, the City will not: 1) accept as complete any new applications for
any proposed private developement; 2) process pending applications for General Plan
amendments, rezonings, subdivision tentative map applications, or architectural
approvals until such time as this Interim Ordinance expires.
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2.96.
SECTION 3. Exemption Procedure.
The City Manager may find certain projects exempt in accordance with the
following procedure:
a) The City Manager shall conduct an inventory of pending and proposed
project applications for private development. The City Manager shall
make a determination as to whether the requirements of this Interim
Ordinance shall be waived as to any specific project which: 1) has
received all discretionary entitlements; 2) has yet to receive all
required discretionary approvals based upon the following criteria:
(1) Whether a development has accrued a vested right to proceed with
construction in accordance with the existing State and Federal law.
(2) Whether a proposed development has a vested right to proceed with
construction consistent with the requirements of the State
Subdivision Map Act.
(3) Whether a developer can establish hardship based on developer's
reliance upon existing planning and zoning entitlements developer
has already obtained.
(4) Whether imposition of the Interim Ordinance would cause potential
financial hardship such that developer may have legal rights under
the Fifth Amendment of the United States Constitution.
(5) Whether any particular project falls within the specific exemptions
of Section 5 of Measure X.
b) The City Manager shall, as soon as reasonably practicable, issue an
administrative determination as to which project applications may
qualify fora waiver based upon foregoing criteria. All decisions shall be
in writing and filed with the City Clerk.
Any developer/owner or resident may request a reconsideration of the
City Manager's determination by filing a written statement requesting a
reconsideration within 10 days from date of the City Manager's
decision. Said notice shall specify detailed reasons and request for relief
desired.
Any citizen may challenge any specific administrative determination
under the provisions of this Ordinance in accordance with the appeal
procedures of Municipal Code Sections 1-4.01, et seq.
c) The City Manager is empowered to make determinations as to whether
any particular project under discretionary review or having received
discretionary approvals is exempt from the provisions of Measure X
utilizing the criteria and procedure set forth in Section 3 of this
ordinance and Section 6B of Measure X.
d) The City Manager shall file weekly reports of his administrative
determinations made during the prior week with the City Council. Any
City Council member shall have the right to call up for review any
administrative determination within 10 days from date of the weekly
report.
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SECTION 4. Additional Findings.
This interim ordinance is enacted pursuant to Government Code Section 65858
and is based upon the findings that this interim ordinance is necessary to protect the
public health, safety and welfare in that the voters of the City of San Juan Capistrano
have enacted Measure X which establishes complex planning regulations affecting
proposed private developments within the City of San Juan Capistrano. Because of the
complexity of this measure, a planning study will be necessary to determine implemen-
tation measures, including how this measure shall be interfaced with existing planning
and zoning regulations of the City. The City Council anticipates that additional
amendments to the City's General Plan and zoning ordinances may be necessary to make
existing City regulations compatible with this measure.
Pursuant to Government Code Section 65858(a), this interim ordinance shall
take effect immediately and continue in effect for a period of 45 days from date of its
adoption.
SECTION 5. Traffic and Development Planning Report.
The City Manager is directed to begin the preparation of a traffic and
development planning report to implement Measure X. The City Manager shall strive to
have the report completed within six months. The City Council will extend this interim
ordinance should additional time be necessary to complete the report.
SECTION 6. Term and Effective Date of Interim Ordinance.
This interim Ordinance enacted pursuant to Government Code Section 65858
shall be of no further force and effect 45 days from the date of its adoption, or January
20, 1989, unless extended. This Ordinance shall take effect and be in force immediately.
SECTION 7. City Clerk's Certification.
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 (LS) days after its passage.
PASSED, APPROVED, AND ADOPTED this _6th day of December
1988.
�ZA j U,� -
GARY L. HAUSDORFER, MA OR
ATTEST:
CITY CLF t
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s
STATE OF 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
Ordinance No. 639 which was lHtuFBi�if7ilFaYX�CXdiBiiifGlS�ttfXXilfl�WStiBd(�idXECYY@f�IXX:'i
ASRlW(i 3M)iX1841C#lE3LKbXXliaxiM)4WKOfYdC>,i15XXRMKMKXXHXXXXXXXX )91MYa BCadopted at
a meeting held on December 6 , 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, and
Mayor Hausdorfer
NOES: None
ABSENT: Councilman Bland
(SEAL)
MARY Ar HANOVER, CITY CLERK
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