Ordinance Number 862ORDINANCE NO. 862
AN INTERIM ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
ESTABLISHING INTERIM OVERLAY ZONING REGULATIONS FOR A
CERTAIN AREA OF THE CITY COMMONLY REFERRED TO AS THE
"McCRACKEN HILL" AREA PENDING COMPLETION OF A ZONING
STUDY PURSUANT TO GOVERNMENT CODE SECTION 65858
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY
ORDAINS AS FOLLOWS
SECTION 1. FINDINGS AND INTENT
McCracken Hill area residents have filed a signed petition with the City of San Juan
Capistrano requesting that certain specific zoning overlay regulations be immediately
instituted forthose parcels of real property ("the Area") identified in Exhibit A, attached and
incorporated herein by reference. The Area in question lies in a prominent unique hillside
area dotted with homes with significant view corridors to Capistrano Valley ridgelines that
dominate this City's topography.
The residents petitioned the City for the imposition of specific zoning overlay
regulations to insure that City zoning provisions are harmonized with existing deed
restrictions affecting the subject parcels identified in Exhibit A. More specifically, Area
residents have concerns that existing City zoning regulations fail to sufficiently deal with
view corridor, building mass and building floor area, and light and air dispersal issues
associated with this unique hillside area of the City.
The City Council hereby finds and declares that it is appropriate to establish interim
overlay zoning regulations which reflect the Area residents' zoning concerns as described
herein pending the completion of a zoning study.
SECTION 2. ESTABLISHMENT OF INTERIM OVERLAYZONING REGULATIONS
(A) Beginning on the effective date of this ordinance, no building permit or any other
land use entitlement application shall be approved by the City with respect to any property
located with the boundary area set forth in Exhibit A unless the building permit application
or other development application is strictly in accordance with the following interim specific
plan overlay zoning regulations:
1) Any single story home proposal shall have a maximum height of not
more than 18 feet from ground to the top of the roof.
2) Any split level home proposal shall have a maximum height of 18 feet
from the ground to the top of the roof, for the single story portion and
for the lower split-level portion a maximum height of 28 feet from the
ground to the top of the roof. "Split level home" is defined to be a
house structure built on one main level living floor, having a second
living floor level that is no less than 30% of the size of the main living
level and located under the main living level of the house.
3) Floor area requirements. The top floor shall be the main living area
and shall constitute at least 60% to 70% of the primary living area of
the structure.
The bottom floor or lower level shall not exceed 40% of the house
living space, or such area as required for garages, if no living space
is required on the lower level of the split level house. Exhibits B and
C, attached and incorporated herein by reference provide graphic
representations of these requirements.
B) The existing zoning (ES -Small Estate District) for the area (to the extent not
inconsistent with these interim zoning regulations) shall otherwise remain in
full force and effect.
SECTION 3. SCOPE OF APPLICATION OF INTERIM OVERLAY ZONING
REGULATIONS
The zoning overlay requirements shall applyto any application described in Section
2 of this ordinance.
SECTION 4. PREPARATION OF PLANNING AND ZONING STUDY
The Planning Department is herebydirected to perform a zoning studyto determine
appropriate permanent zoning restrictions forthe affected hillside area described in Exhibit
A.
SECTION 5. FINDINGS
Pursuant to Government Code Section 65858, the City Council further 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 with
the subject Exhibit A area in that the City of San Juan Capistrano does not have specific,
site specific zoning regulations dealing with height, building mass and square footage
requirements for hillside residential properties which take into account said land use
considerations; accordingly, the Council further finds that the approval of any additional
building permits or other related land use entitlements which are inconsistent with the
specific interim regulations set forth in Section 2 pending a zoning study would result in a
threat to the public health, safety, and general welfare of the community.
2
SECTION 6. EFFECTIVE DATE
Pursuant to Government Code Section 65858, this interim ordinance shall take
effect immediately. It shall be effective for a period of 45 days, unless extended for an
additional period of time pursuant to Government Code Section 65858.
SECTION 7. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason held to be invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of such ordinance.
SECTION 8. ENFORCEMENT PENALTIES
(a) A violation of this interim ordinance shall be deemed to be a misdemeanor
offense and shall carry a penalty of up to $1,000 per day for each violation.
(b) The City Attorney is further authorized at his discretion to institute a civil
action as an alternative remedy to enforce the provisions of this ordinance.
SECTION 4 CITY CLERKS 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 16th day of April 2002.
Diane Bathgate, Ma
Attest:
) )�'J P, kt"
M r aret 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 Urgency Ordinance No. 862 was as duly adopted
and passed at a Regular Meeting of the City Council on the 16th day of April 2002 by
the following vote, to wit:
AYES: COUNCIL MEMBERS
NOES COUNCIL MEMBERS
ABSTAINING: , COUNCIL MEMBERS
R. MONAHAN, City Clerk
Hart, Swerdlin, Gelff and Mayor
Bathgate
►G7T
Campbell
McCracken Hill
Private Streets
Interim Urgency Ordinance Area
� Individual Parcel Boundaries
Exhibit A
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