Ordinance Number 2659
ORDIN!. NCE NO. 265
RELATING TO
ZONING AND PLANNING APPLICATIONS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DEFERRING THE ACCEPTANCE AND PROCESSING OF
CERTAIN ZONING AND PLANNING APPLICATIONS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Notwithstanding any provision contained in
ordinance N6-._5; or Ordinance No. 115 to the contrary, no new appli-
cations of the hereinafter described nature shall be accepted,
received or processed by the City of San Juan Capistrano until such
time as all mandatory elements of the General Plan are adopted in
final form by the Council of the City of San Juan Capistrano and
all zoning ordinances are consistent therewith:
a. Re -zone applications (except textual revisions or
additions);
b. Preliminary site plan applications;
c. Land -use applications (except variance applications);
d. Architectural review applications (except for resi-
dential units built upon existing lots);
e. Submission of tentative tract maps;
f. Applications for divisions of land (except applica-
tions to create only two parcels);
g. Applications to let contracts for the preparation of
environmental impact reports.
SECTION 2. Any person aggrieved by the failure of the
City of San Juan Capistrano to accept, receive or process new appli-
cations of the type set forth in Section 1 hereinabove may apply in
writing for an exemption from the provisions thereof to the Clerk
of the City of San Juan Capistrano. Such application shall set
forth fully the basis for the applicant's mquested relief, and upon
receipt thereof the Clerk shall set a time and place for hearing on
the matter by the City Council. At such hearing, the Council may,
upon a showing of headship not generally applicable to other affected
parties, by resolution exempt such applicant from the provisions of
Section 1 hereof.
SECTION 3. This ordinance is an urgency ordinance for the
immediate preservation of the public peace, health, safety and wel-
fare, and shall take effect immediately. The facts constituting
the urgency justifying the enactment of this ordinance are as follows:
To comply with the precise requirements of Section 65302
of the California Government Code, the Council of the City of San
Juan Capistrano adopted rudimentary mandatory elements of its
General 'Plan pending the completion and a:ioptien of conceptual
elements of such Plan and the further completion of fin=,1 mandatory
and permissive elements by its planning consultants and adoption
thereof. Additional elements of its General Plan must, by State
law, be adopted by September, 1774 and zoning ordinances must be
brought into consistency with all such elements as they are adopted.
The Council of the City of San Juan Capistrano is of the
opinion that this interim ordinance deferring the acceptance, receipt
and processing of certain planning and zoning applications, adopted
as an urgency ordinance, is necessary in order to permit the City
staff, Planning Commission and Council the time and resources neces-
sary to prepare, review and adopt the aforesaid final elements of
the General Plan, and to prepare, review and adopt revisions to its
planning and zoning ordinances necessary to assure consistency there-
with.
PASSED, APPROVED AND ADOPTED this 5th day of June, 1974,
by the following vote, to wit:
AYES: COUNCILMEN: Sweeney, Weathers, Nash, Heckscher
and Mayor Byrnes
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
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O L. BYRES, M.D., MAYOR
City of Sa Juan Capistrano
ATTEST:
CITY CLIr C
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, do hereby certify that the foregoing Ordinance No. 265
was adopted by the City Council at a regular meeting thereof held
on the 5th day of June, 1974.
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(SEAL) CITY CLE
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