Ordinance Number 844059
ORDINANCE NO. 844
REVOKING INTERIM URGENCY ORDINANCE NO. 838
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REVOKING ORDINANCE NO. 838 WHICH SUSPENDED
THE PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS TO
COMPLETE A REVIEW AND UPDATE OF THE GENERAL PLAN
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 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 817 on July 21, 1998 after
conducting a duly noticed public hearing in accordance with California Government Code
Section 65090 by adopting Ordinance 822; and,
WHEREAS, the enactment of Ordinance 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 found and determined that larger scale
development as defined in Ordinance 822 should not occur until a general plan update was
completed; and,
WHEREAS, the City Council 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 822, extending Ordinance
817 for a period of 10 months and 15 days pursuant to Government Code Section 65858;
and,
WHEREAS, the City Council 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,
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1999, and took action to extend the provisions of Ordinance 822 for an additional twelve
months to June 5, 2000; and,
WHEREAS, the City Council after conducting a duly noticed public hearing
on December 14, 1999 to receive public testimony on the contents of a draft General Plan,
took an action to adopt said documents as the General Plan for the City per the findings
and determinations contained in City Council Resolution No. 99-12-14-01.
SECTION 2. Revocation of Interim Urgency Ordinance.
The City Council hereby revokes the provisions of Ordinances 817, 822, and
838 in their entirety.
passage.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 5. City Clerk's 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.
PASSED, APPROVED AND ADOPTED this 18th day of
January , 2000.
OLLE AMP LL, MAYOR
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA
061
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 844 which was introduced at a meeting of the City Council of the
City of San Juan Capistrano, California, held on JanuaU 4th ,
2000, and adopted at a meeting held on January 18th 2000, by the
following vote:
AYES: Council Members Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOH ON, CITY CLERK
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