Ordinance Number 1084ORDINANCE NO. 1084
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REMOVING ARTICLE 12 — UTILITIES
COMMISSION, AMENDING ARTICLE 7 — DUTIES OF THE PLANNING
COMMISSION, AND VARIOUS SUBPARAGRAPHS OF SECTIONS 2-
2.902, 2-2.903, AND 2-2.904 (HOUSING ADVISORY COMMITTEE) OF
CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE
The City Council of the City of San Juan Capistrano, California, DOES HEREBY
ORDAIN as follows:
SECTION 1. Article 7 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal
Code is hereby amended to read as follows:
Article 7. — Planning Commission
Sec. 2-2.703. — Duties.
The Planning Commission shall undertake and have the following duties,
responsibilities, and functions, together with the powers incidental thereto:
' (a) To study and make recommendations to the City Council on amendments to the
City's General Plan;
(b) To develop and make recommendations to the City Council on specific plans
designed to implement portions of the City's General Plan;
(c) To review the City's Capital Improvement Program for consistency with the City's
General Plan and forward recommendations to the City Council;
(d) To make recommendations to the City Council to effectuate changes to the land use
provisions set forth in Title 9 of this Code, consistent with provisions of the General
Plan;
(e) To approve, deny, or approve with modifications or conditions, development
proposals, or parts thereof, in accordance with the land use provisions set forth in Title 9
of this Code;
(f) To recommend to the City Council amendments to the Circulation Element of the
General Plan and associated implementation measures;
(g) To study and make recommendations to the City Council on proposed regional and
State planning programs that are transportation -related, including proposed regulations
' that could affect the City;
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(h) To review and make recommendations to the City Council on major Capital
Improvement projects that are designed to implement a multimodal transportation
system; '
(i) To study and make determinations and recommendations to the City Council
regarding site development plans and tentative maps with regard to impacts to the
City's circulation system;
0) To study and make recommendations to the City Council on matters related to public
transportation, traffic regulations and standards for parking, vehicular and public safety;
(k) To appoint members of the Planning Commission to serve on the Design Review
Committee to review and make recommendations to the Planning Commission on
development proposals processed in accordance with Title 9, Chapter 2, Article 2,
Section 9-2.313;
(1) Meet upon receiving Hearing Officer findings relating to the propriety of rent
(m) To undertake such other duties as may be assigned by the City Council.
SECTION 2. Article 12 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal I Code is hereby removed in its entirety.
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SECTION 3. Section 2-2.902 (Definitions) of the San Juan Capistrano Municipal Code
is hereby amended by deleting the following definition, and the subsequent subsections
of Section 2.02.902 are re -lettered accordingly:
SECTION 4. Section 2-2.903, subparagraph (c) of the San Juan Capistrano Municipal
Code is hereby amended to read as follows:
"(c) Hearing Officer recommendations. Within thirty (30) days after
concluding the hearing, the Hearing Officer shall render written findings
and conclusions as to the propriety of the rent increase to the Hausing
Planning Commission. The Hearing Officer
recommendations shall not be binding. The u i,. I iy Gemmittee
Planning Commission shall give ten (10) days prior written notice of its
meeting to the parties."
t SECTION 6. Section 2-2.903, subparagraph (d) of the San Juan Capistrano Municipal
Code is hereby amended to read as follows:
"(d) Committee Planning Commission reviews of Hearing Officer findings.
The HeusiRg Advisery Gemmittee Planning Commission shall review the
findings and conclusions of the Hearing Officer at its next available
meeting. Its scope of review shall be limited to the written record
consisting of the evidence received by the Hearing Officer, written
arguments of the parties, findings of the Hearing Officer, other relevant
matters as compiled by the secretary of the Committee Planning
Commission, and additional oral or written arguments the parties may
wish to make. However, the Cernmittee Planning Commission shall not
receive or consider any additional evidence."
SECTION 6. Section 2-2.903, subparagraph (e) of the San Juan Capistrano Municipal
Code is hereby amended to read as follows:
"(e) Council reviews. The Council shall review the findings of the Hearing
Officer and the recommendations of the Housing AdyiseFy GeFAFnittee
Planning Commission as soon as reasonably practicable. The Council
shall not reopen the hearing held by the Hearing Officer for the purpose of
' receiving new evidence unless, in the discretion of the Council, it is
necessary to do so. The Council may affirm, modify, or reverse the rent
increase in question, but in no case require a reduction lower than the
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maximum allowable increase. The Council shall render written findings in.
support of its conclusions within thirty (30) days after its meeting, and the
decision of the Council shall be final." '
SECTION 7. Section 2-2.903, subparagraph (g) of the San Juan Capistrano Municipal
Code is hereby amended to read as follows:
"(g) Criteria to be utilized in rent increase reviews.
(1) Purpose of reviews. The Hearing Officer, the Housing Advisory
Committee Planning Commission, and the Council shall review the rent
increase to determine whether the increase is, or is not, fair and
reasonable. Such review shall be conducted by applying the nonexclusive
criteria set forth in subsection (g)(2) of this section to the facts submitted
to the Hearing Officer.
(2) Nonexclusive criteria. The Hearing Officer, the wee Planning
Commission, and the Council shall consider all relevant factors, including,
but not limited to, increased or decreased costs to the mobile home park
owner attributable to utility rates, property taxes, insurance, advertising,
governmental assessments, cost -of -living increases attributable to
incidental services, normal repairs and maintenance, capital
improvements, except those defined in subsection (h) of this section, the
upgrading and addition of amenities for services, except as defined in t
subsection (h) of this section, and a fair rate of return on the property."
SECTION 8. Section 2-2.904, subparagraph (b) of the San Juan Capistrano Municipal
Code is hereby amended to read as follows:
"(b) Five hundred dollar ($500.00) deposit. At the time the park residents
file a petition in protest of a proposed increase, the petitioners shall
simultaneously post a five hundred dollar ($500.00) deposit with the
Secretary to the Housing AdviseFy GeFRFnittee Planning Commission. The
Secretary shall find that the petition is incomplete if the five hundred dollar
($500.00) deposit is not posted. Further, the statute of limitation period of
thirty (30) days from the effective date of a rent increase shall continue to
run in the event that the petition has been found to be incomplete."
SECTION 9. SEVERABILITY. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council
declares that it would have passed each section, subsection, paragraph, sentence,
clause or phrase thereof, irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable. I
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SECTION 10. CERTIFICATION. The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted at the duly designated posting places
within the City and published once within fifteen (15) days after passage and adoption
as required by law; or, in the alternative, the City Clerk may cause to be published a
summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the Office of the City Clerk five (5) days prior to the date of adoption of this
Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this
Ordinance, together with the vote for and against the same, in the Office of the City
Clerk.
SECTION 11. Effective Date. This Ordinance shall become effective thirty days
following its adoption; provided however, that Section 2 of this Ordinance (dissolving the
Utilities Commission) shall become effective on the date that the Certificate of
Completion is filed by the Executive Director of the Orange County Local Area
Formation Commission (LAFCO) transferring the City's water and sewer utilities to
Santa Margarita Water District.
SECTION 12. CEQA. The City Council finds that the adoption of this Ordinance is
exempt from further review pursuant to the California Environmental Quality Act (Cal.
Pub. Res. Code, §§ 21000 et seq.) ("CEQA") in that it consists of continuing
administrative or maintenance activities, such as personnel -related actions, general
policy and procedure making (CEQA Regulation 15378(b)(2)) and organizational or
administrative activities of government, which will not result in direct or indirect physical
changes in the environment (CEQA Regulation 15378(b)(5)). In addition, it can be seen
with certainty that the administrative and organizational changes provided by this
ordinance will not have any effect on the environment, and therefore, this ordinance
does not qualify as a "project". Staff is directed to file a Notice of Exemption.
PASSED, APPROVED, AND ADOPTED this 61" day of April 2021.
Nk �Y_
JOHN TAYLOR, MAYOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Ordinance No. 1084 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 16th day of March 2021 and that thereafter, said Ordinance was duly adopted
and passed at the Regular Meeting of the City Council on the 6th day of April 2021 by
the following vote, to wit:
AYES: COUNCIL MEMBERS: Bourne, Farias, Hart, Reeve and Mayor Taylor
NOES C UNCIL MEMBERS: None
ABSEN C UNCIL MEMBERS: None
MARIA W"I"RMS\CITY CLF
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I. MARIA MORRIS. declare as follows:
AFFIDAVIT OF POSTING
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Code section 36933(1) of
the State of California, on the 16th day of March 2021, at least 5 days prior to the
adoption of the ordinance, I caused to be posted a certified copy of the proposed
ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REMOVING ARTICLE 12 — UTILITIES
COMMISSION, AMENDING ARTICLE 7 — DUTIES OF THE PLANNING
COMMISSION, AND VARIOUS SUBPA GRAP S OF SECTIONS 2-
2.902, 2-2.903, AND 2-2.904 (HOUSING AD IS RY COMMITTEE) OF
CHAPTER 2, TITLE 2 OF THE SAN JU N ISTRANO MUNICIPAL
CODE
This document was posted in the Office of the City r
\ i
V j
MARIA CITY CLELK
San Juan Capistrano. Califor
6 01084
L
STATE OF CALIFORNIA )
' COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I. MARIA MORRIS. declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; that in compliance with State laws, Government Code section 36933(1) of
the State of California.
On the 6th day of April 2021, 1 caused to be posted a certified copy of Ordinance No.
1084, adopted by the City Council on April 6, 2021, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REMOVING ARTICLE 12 — UTILITIES
COMMISSION, AMENDING ARTICLE 7 — DUTIES OF THE PLANNING
COMMISSION, AND VARIOUS SUBPARAGRAPHS OF SECTIONS 2-
2.902, 2-2.903, AND 2-2.904 (HOUSING AD ISORY COMMITTEE) OF
CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE
This document was posted in the Office of the City
MARIA`fVMORRKS, CITY CLIE
San Juan Capistrano, Califo
7 0 1084