Ordinance Number 903ORDINANCE NO. 903
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT
CODE SECTION 65858, ESTABLISHING A MORATORIUM ON NEW
DEVELOPMENT AND CONSTRUCTION WITHIN THE "MISSION HILL -
MISSION FLATS" PLANNING AREA TO ENABLE THE CITY TO
INVENTORY HISTORIC STRUCTURES AND AMEND THE ZONING
REGULATIONS FOR THE AREA.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Intent.
Whereas, on April 1, 2003, residents of an area within the City of San Juan Capistrano,
commonly referred to as the "Mission Hill/Mission Flats" area, petitioned the City Council for
the enactment of an urgency interim ordinance to prevent further construction of higher
density uses such as duplexes and multiple family structures due to concerns over 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; and,
-- Whereas, on April 15, 2003, the City Council adopted an Interim Urgency Ordinance and
directed staff to prepare a zoning study to further study plan use issues within these
neighborhoods, and subsequently extended the ordinance which will expire on April 6,2005;
and,
Whereas, pursuant to Government Code Section 65858, the City has embarked on
preparation of a zoning study to identify and evaluate land use issues and has conducted an
assessment of the historical significance of structures within the Mission Hill -Mission Flats
neighborhoods and found that 39 of the 119 structures qualify for listing on the City's
Inventory of Historic & Cultural Landmarks (INCL); and,
Whereas, structures in the Mission Hill -Mission Flats neighborhoods that have been
identified as potentially, historically significant have been subject to additions, modifications,
demolitions, and renovations which have altered and damaged the integrity of the historical
building fabric of certain structures; and,
Whereas, pending and anticipated building permit plans could result in additions,
modifications, demolitions, and renovations which could alter and damage the integrity of
the historical building fabric of certain structures and represent an immediate threat to the
public health, safety, and welfare of the community, if historical structures are not identified
and included in the City's Inventory of Historic & Cultural Landmarks (IHCL).
3-15-2005
Section 2. Establishment of Interim Urgency Zoning Rules for "Mission
Hill/Mission Flats" Area.
(a) Beginning on the effective date of this ordinance, building permits and land use
entitlements within the "Mission Hill/Mission Flats" area shall be subject to the following:
(1.) No building permit(s) shall be issued for construction of a new single family
dwelling unit, duplex unit, or multiple -family unit during the term of the
moratorium; except for projects that have valid land use approvals.
Building permits may be issued for additions, and/or building alterations to
existing single-family residences provided that such additions or alterations
shall not affect more than 1,000 square feet (sf) in total floor area and shall be
subject to review of site and building plans by the Design Review Committee
and approval by the Planning Director pursuant to Section 9-2.303,
Administrative Approvals of Title 9, Land Use Code. The Design Review
Committee shall review such plans for consistency with the design of existing
principal structures on the property and the City's Architectural Design
Guidelines.
(2.) No new applications to subdivide land, reconfigure lot lines, nor merge parcels
shall be approved, except where such action is associated with property that
has been previously developed and no further physical improvements are —
proposed to use the property as a residential use consistent with the RG -4000
District development standards.
(b) The "Mission Hill/Mission Flats" planning area is hereby defined to include the land
area as set forth in Exhibit "A" attached hereto and incorporated herein by reference.
(c) This urgency ordinance shall not otherwise prevent the processing of any land use
application authorized by the applicable zoning for the area, but shall prohibit final approval
of said land use entitlement during the term of this ordinance.
Section 3. Preparation of Planning and Zoning Study.
The Planning Department is hereby directed to continue and complete the zoning study,
under the authority of Government Code Section 65858, to determine the appropriate
zoning amendments necessary to address the stated land use concerns as expressed in
Section 1 of this ordinance.
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 within the Mission Hill -Mission Flats neighborhoods
planning area as identified in Exhibit "A", in that the current zoning for the area would allow
additions, modifications, demolitions, and renovations which could alter and damage the
integrity of the historical building fabric of historically significant structures.
3-15-2005
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
Hill/Mission Flats" community until such time that a zoning study can be completed, and
appropriate standards can be reviewed and acted upon.
Section 5. Effective Date/Time.
Pursuant to Government Code Section 65858, this interim urgency ordinance shall be in full
force and effective until Thursday, April 28, 2005, unless extended for a further period in
accordance with Government Code Sections 65090 and 65858.
PASSED, APPROVED AND ADOPTED, on March 15, 2005.
I / 2 AT H RT, Mayor
ATTEST: IMS/
R. MONAHAN, City Clerk
STATE OF CALIFORNIA )
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 Urgency Ordinance No. 903
which was adopted and passed at the Regular Meeting of the City Council on the 15th day of
March, 2005 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin and Mayor Hart
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL M 7777e-
R. MONAHAN, City Clerk
3-15-2005
Exhibit A
Interim Urgency Ordinance
Mission Hill -Mission Flats Planning Area