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Ordinance Number 863ORDINANCE NO. 863 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO. 862 ESTABLISHING INTERIM OVERLAY ZONING REGULATIONS FOR A CERTAIN AREA OF THE CITY COMMONLY REFERRED TO AS "McCRACKEN HILL" THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Intent. On April 16, 2002, the City Council adopted an interim zoning ordinance (Ordinance No. 862) pursuant to Government Code section 65858 which established interim overlay zoning regulations for the construction or reconstruction of residential structures in an area of the City commonly referred to as "McCracken Hill". This enactment was done at the request of McCracken Hill residents pursuant to a petition request filed with the City. The City Council received substantial public input at the City Council meeting of April 16 in support the interim zoning ordinance; and, As Ordinance 862 notes: "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 of the City;" and, The purpose of the interim ordinance is, in part, to allow sufficient time to conduct a specific zoning study for the purpose of evaluating the possibility of enacting permanent overlay zoning regulations to address Area residents' land use concerns. The May 21, 2002 staff report indicates that additional time is necessary to conduct this zoning study. The City Council finds and determines that more time is needed to complete the zoning study, and that the interim regulations set forth in Ordinance 862 governing residential construction, or reconstruction, in this unique area of the City should remain in effect. SECTION 2. Extension of Interim Ordinance 862/Effective Date. Pursuant to Government Code section 65858, interim ordinance No. 862 is hereby extended for a period of 10 months and 15 days. This ordinance shall take effect immediately. Ordinance 1 05-21-02 McCracken Hill SECTION 3. Statutory Finding. 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 within the McCracken Hill area in that the City of San Juan Capistrano does not have 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 Ordinance 862 pending a zoning study would result in a threat to the public health, safety, and general welfare of the community. SECTION 4. 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 21 st day of May 2002. ATTEST: MARGARET R. MONAHAN, CITY C R f Ordinance 2 05-21-02 McCracken Hill 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 Ordinance No. 863 was as duly adopted and passed at a Regular Meeting of the City Council on the 21s` day of May 2002 by the following vote, to wit: AYES: COUNCIL MEMBERS: Hart, Swerdlin, Gelff and Mayor Bathgate NOES COUNCIL MEMBERS: None ABSTAINING: COUNCIL MEMBERS: Campbell R. MONAHAN, City RW16tf "/+° CRACKEN HILL A444'r 33s11 W N 35$31 f 33541 Vail* Rd. `( sP VgcnNr 2 f 33S4I PEf6A4 33548 f 33571 Vak Ra _ Rd. Rd. Rd.