Ordinance Number 889ORDINANCE NO. 889
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXTENDING THE PROVISIONS OF
ORDINANCE NO. 880, ENACTED PURSUANT TO GOVERNMENT
CODE SECTION 65858, RELATING TO LAND AREA COMMONLY
KNOWN AS "MISSION HILL/MISSION FLATS"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Intent.
At the City Council meeting of April 1, 2003, residents of an area within the City of San
Juan Capistrano, commonly referred to as the "Mission Hills/Mission Flats" area orally
petitioned the City Council for the enactment of an urgency interim ordinance to prevent
further construction of higher intensity uses such as duplexes or other multiple family
construction in the area pending a zoning study for the purpose of insuring that further
construction of such uses and structures will not pose a threat to the community health,
safety in this area. Specific concerns have been cited by the area residents such as
- traffic, parking, intensity of development as it relates to the scale of buildings to the
surrounding neighborhood, and the design and architectural compatibility with the area.
In response to these expressed concerns the City Council found that it was appropriate
to initiate a zoning study to further study these above stated zoning issues.
In accordance with this finding, the City Council on April 15, 2003 did adopt Ordinance
No. 877, an interim urgency ordinance, and subsequently extended Ordinance 877 for
10 months and 15 days by enacting Ordinance 880 on May 20, 2003. Said ordinance
will expire on April 14, 2004 unless extended by the City Council in accordance with
procedures of Government Code Sections 65090, and 65858.
Pursuant to Government Code Section 65858, the Planning Department has prepared a
report setting forth the reasons why an extension is necessary and the actions that have
been taken in the interim period to complete the zoning study identified by Ordinance
No. 877 and 880. Furthermore, the City Council has conducted a public hearing on April
6, 2004, in accordance with the provisions of Government Code Section 65090 to
receive public testimony on the extension of the provisions of Ordinance No. 880 for 12
months.
Based upon a review of the report from the Planning Department and testimony on the
possible extension of the provisions of the Ordinance No. 880, the City Council finds
that an extension of time is necessary to complete the preparation of the zoning study
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and conduct public hearings on possible modifications to the zoning regulations that
apply to the study area.
Section 2. Establishment of Interim Urgency Zoning Rules for "Mission
Hills/Mission Flats" Area.
(a) Beginning on the effective date of this ordinance, no building permit or any other
land use entitlement application shall be issued so as to permit the immediate
construction of any of the following land uses for the "Mission Hills/Mission Flats" area:
(1.) Issuance of any building permit for the construction of a new single family
dwelling units, duplex unit, multiple family unit or building addition to
existing residential units; and,
(2.) Approval of a development application for a parcel map, tract map, or
secondary dwelling unit, except where a parcel map is associated with a
parcel that has been previously developed and no further physical
improvements are necessary to use the property as a residential use,
consistent with the RG -4500 District development standards.
(b) The "Mission Hills/Mission Flats" area is hereby defined to include the land area
as set forth in Exhibit "A" attached and incorporated herein by reference.
(c) This urgency ordinance shall not otherwise prevent the processing of any land use
application authorized under the applicable zoning for the area, short of the issuance of
the applied for entitlement.
(d) The prohibition established herein is applicable to any development application of
any kind that is applicable to those so stated in subpart (a), above, excluding any
presently pending applications. However, any presenting pending applications shall be
subject to architectural control permit requirements of the Municipal Code.
Section 3. Preparation of Planning and Zoning Study.
The Planning Department is hereby directed to continue under the authority of
Government Code Section 65858, to perform a zoning study to determine whether
zoning amendments are required to be made to address the stated land use concerns
as expressed by the petitioning area neighbors.
Section 4. Statutory Findings.
Pursuant to Government Code Section 65858, the City Council finds and determines
that there is a current and immediate threat to the public health, safety, and general
welfare arising from potential development applications from property owners within the _
study area identified in Exhibit "A", in that the existing zoning for the area may in fact
authorize overly intense development of the area in relation to existing public
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infrastructure including such manners as width of streets, available resident parking,
and potential incompatibility of architectural design with the existing residential
neighborhood structures. Accordingly, the City Council further finds that the approval of
any additional building permits for residential structures such as new single family
homes, duplexes, and secondary dwelling units pose a threat to the public health,
safety, and general welfare of the "Mission Hills/Mission Flats" community until such
time that a zoning study can be completed and acted upon.
The City Council further finds upon review of the report from the Planning Department
that additional time is necessary to complete the zoning study and conduct formal public
hearings to consider modification to the zoning provisions that apply to the study area.
Section 5. Effective Date/Time.
Pursuant to Government Code Section 65858, this interim urgency ordinance shall be in
full force and effective until April 14, 2005, unless extended for a further period in
accordance with Government Code Section 65090 and 65858.
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing is a true and correct copy of Ordinance No. 879
which was adopted and passed at an Adjourned Regular Meeting of the City Council on
the 6th day of April 2003 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart, and Mayor Soto
NOES COUNC L MEMBERS: None
ABSENT: COUN L7ERSa None
R. MONAHAN, City Clerk