Ordinance Number 838Us]
URGENCY ORDINANCE NO. 838
EXTENDING THE SUSPENSION OF THE PROCESSING OF
CERTAIN DEVELOPMENT APPLICATIONS TO COMPLETE A
REVIEW AND UPDATE OF THE GENERAL PLAN
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
EXTENDING INTERIM URGENCY ORDINANCE NO. 822, SUSPENDING THE
PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS IN ORDER TO
CONDUCT A COMPREHENSIVE REVIEW AND UPDATE OF THE CITY'S
ADOPTED GENERAL PLAN BASED UPON FINDINGS THAT SUCH INTERIM
PROVISIONS ARE NECESSARY TO PROTECT THE PUBLIC'S HEALTH,
SAFETY AND WELFARE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. General Findings and Intent.
WHEREAS, the City Council enacted Ordinance No. 817 on June 16, 1998,
providing for a moratorium on new construction for larger -scale development in the community
pursuant to Government Code Section 65858; and,
WHEREAS, the City Council extended Ordinance No. 817 on July 21, 1998, after
conducting a duly -noticed public hearing in accordance with California Government Code Section
65090 by adopting Ordinance No. 822; and,
WHEREAS, the enactment of Ordinance No. 822 was based upon City Council
findings with regard to the inadequacy of the existing General Plan provisions with respect to City-
wide street and highway circulation systems; geologic controls dealing with soils stability in light
of the significant landslide activity in hillside areas of the City in recent years; financial audit data
dealing with the financial capability of the City to provide a broad range of governmental services
(e.g., park and recreation programs, street infrastructure, etc.); and,
WHEREAS, the City Council finds and determines that larger -scale development
as defined in Ordinance 822 should not occur until a General Plan update is completed; and,
WHEREAS, the City Council has initiated a General Plan study update program as
described in the City staff report dated May 18, 1999; and,
WHEREAS, the City Council adopted Ordinance No. 822, extending Ordinance No.
817 for a period of 10 months and 15 days pursuant to Government Code Section 65858; and,
-1-
oil
WHEREAS, the City Council has conducted a duly -noticed public hearing in
accordance with the provisions of Government Code Section 65090 and applicable provisions of the
Municipal Code to receive public testimony at its meeting of May 18, 1999.
SECTION 2. Extension of Urgency Ordinance.
Pursuant to Government Code Section 65858(a), the City Council hereby extends
Ordinances No. 817 and 822 in their entirety for a period of one (1) year.
SECTION 3. Specific Findings.
(a) Statutory Findings.
The City Council hereby finds that there is a current and immediate threat to
the public health, safety and welfare to the community, and that the processing and approval
of additional subdivisions, zone changes, use permits, variances, building permits or any
other applicable entitlement for those land uses to which this ordinance is applicable, is
required in order to comply with a zoning ordinance, would result in that threat to public
health, safety and welfare.
(b) Subsidiary Findings.
The City Council further finds and declares that the suspension of processing
of certain development applications should be extended to insure that larger -scale
development (of the kind described in Ordinances Nos. 817 and 822) does not occur without
the City having updated the General Plan in those land uses that are the subject matter areas
described in the staff report dated May 18, 1999. Should such development proceed now
without the benefit of updated General Plan regulations, the City Council finds that such
development would pose adverse traffic circulatory conditions at locations, including but not
limited to Ortega and Del Obispo; would pose geologic risks to new development in hillside
areas; and, place the City in the position of having to accommodate new development
without the potential financial resources to provide applicable government services to that
development. The findings of the City staff report dated May 18, 1999, are hereby
incorporated by reference in support of these findings.
Section 65858.
SECTION 4. Effective Date.
This Urgency Ordinance shall take effect immediately pursuant to Government Code
-2-
013
SECTION 5. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be published once as required by law and posted at the duly designated posting places within the
City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 18th day of May, 1999.
GREINER, MAYOR
ATTEST:
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JJHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Urgency Ordinance No.
838, which was adopted at a meeting of the City Council of the City of San Juan Capistrano,
California, held on May 18, 1999, by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHN$OX, CITY CLERK
-3-