Ordinance Number 334LIM
ORDINANCE NO. 334
RESIDENTIAL GROWTH MANAGEMENT
AMENDMENT - ANNEXATIONS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ORDINANCE NO. 314 FOR
TERRITORIES TO BE ANNEXED (RESIDENTIAL GROWTH
MANAGEMENT)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council finds that:
Ordinance No. 314 (Residential Growth Management),
adopted on January 5, 1977, provides for a
maximum Numerical Limit of 400 dwelling units
per year to be allocated among eligible residential
projects in the City.
The 400 -unit maximum was set based on studies
focusing on development of land within the
present boundaries of the City. Provision for
residential growth on land annexed to the City
was not incorporated into the ordinance.
SECTION 2. AMENDMENT
A. Because of the findings listed in Section 1, preceding,
the City Council hereby determines that it is proper
and desirable to provide flexibility for allowing
some increase in dwelling unit allocations for years
in which annexed projects will be built. Therefore,
the amendment set forth in Paragraph B, following,
is hereby adopted.
Section 4 of Ordinance No. 314 is hereby amended to
read as follows:
"SECTION 4. ANNUAL NUMERICAL LIMITS
"A. Criteria for Setting Numerical Limits
"Each year, the City Council shall, after
considering economic, environmental, and other
studies relevant to the growth management program,
determine the maximum number of dwelling units
to be issued building permits, consistent with
the purpose and intent of this Ordinance as set
forth in Section 1. Said Numerical Limit shall
be set in accordance with the procedures of
Paragraph B, following. The Numerical Limit
shall be expressed as the total number of dwelling
units, for projects not exempted by Section 3,
which may be permitted in a specified calendar
year. The Numerical Limit shall provide for
residential growth within the City's present land
area (i.e., land within the City on the
effective date of Ordinance No. 314) of not
more than 400 units per year for non-exempt
projects.
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"B. Procedure for Setting Numerical Limits
"In January of each year, the City Council shall
adopt a resolution setting the Numerical Limits
for each of the three subsequent calendar years.
Consideration and adoption of the Numerical
Limits shall be done at a duly -noticed public
hearing. Said resolution shall set forth the
factual findings supporting the determination
of the Numerical Limits.
"Numerical Limits adopted in January shall cover
the succeeding three years. For example, the
Limits for 1979, 1980, and 1981 shall be
adopted initially in 1978. Subsequently, in
January of 1979, Limits for 1980 and 1981 may
be adjusted, if necessary, and a new Limit set
for 1982. The City Council may adjust the
Limits previously set for 1980 and 1981 if it
determines by factual findings that such
adjustments are necessary to support the goals
and objectives set forth in Section 1. However,
in no case, shall the Council reduce a previously
set Limit for a calendar year at a level lower
than the total number of dwelling units already
allocated for construction in that year. Thus,
no previously granted yearly dwelling unit
allocation for a project may be reduced as a
result of an adjustment to that same year's
Numerical Limit.
"C. Growth Due to Annexation
"The Numerical Limit is intended to place a
ceiling on the number of dwelling units which
may be constructed each year within the present
land area of the City. The Numerical Limit is
not intended to include dwelling unit allocations
for residential growth on new land annexed to the
City. Therefore, such annexed projects shall be
considered separately with respect to the growth
management requirements of this Ordinance. The
following provisions shall apply to projects on
land annexed to the City after the effective
date of Ordinance No. 314:
111. Annexed projects shall be allocated and
phased separately from in -City projects.
Because of the time constraints of local and
State annexation requirements, the City
Council may adopt a phasing schedule for such
projects proposed for annexation at any time
during the calendar year.
"2. The combined total of yearly allocations
granted to annexed and in -City projects may
exceed the 400 unit maximum imposed on growth
due to in -City projects. However, additional
allocations (above the previously set
Numerical Limit) granted to annexed
residential projects in any given calendar
year shall not exceed the number of acres in
said projects.
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"3. Projects to be annexed shall be subject to
all of the development review and design
standards of the Land Use Management Code."
Such projects shall undergo the preliminary
screening, environmental review concept
review, and point rating procedures of
Section 5 prior to City action on
annexation. The results of the point rating
process for any project eligible for
annexation shall be considered by the City
Council prior to action on such annexation.
SECTION 3. EFFECTIVE DATE
This Ordinance shall take effect and be in force 30 days after its
passage.
SECTION 4.
The City Clerk shall certify to the adoption of this Ordinance
and cause same to be posted in the duly designated posting places
within the City of San Juan Capistrano within 15 days after its
passage.
PASSED, APPROVED AND ADOPTED this 5th day of October
1977, by the following vote, to wit:
AYES: Councilmen Sweeney, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: Councilman McDowell
i
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. 334 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on September 7 1977, and adopted at
a meeting held on October 5 , 1977 -
(SEAL) BY(��V o
MAR�ANN HO R, CITYCLE
JZ�C�j�.L�
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MAYOR
O.
HECKS
HER,
ATTEST:
i
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. 334 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on September 7 1977, and adopted at
a meeting held on October 5 , 1977 -
(SEAL) BY(��V o
MAR�ANN HO R, CITYCLE
JZ�C�j�.L�
UU-_
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