Ordinance Number 877ORDINANCE NO. 877
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ENACTED PURSUANT TO
GOVERNMENT CODE SECTION 65858, RELATING TO LAND AREA
COMMONLY KNOWN AS "MISSION HILL/MISSION FLATS"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Intent.
At the City Council meeting of April 1, 2003, residents of an area within the City of San
Juan Capistrano, commonly referred to as the "Mission Hills/Mission Flats" area have
orally petitioned the City Council for the enactment of an urgency interim ordinance to
prevent further construction of higher intensity uses such as duplexes or other multiple
family construction in the area pending a zoning study for the purpose of insuring that
further construction of such uses and structures will not pose a threat to the community
health, safety in this area. Specific concerns have been cited by the area residents such
as traffic, parking, intensity of development as it relates to the scale of buildings to the
surrounding neighborhood, and the design and architectural compatibility with the area.
In response to these expressed concerns the City Council hereby finds that it is
appropriate to initiate a zoning study to further study these above stated zoning issues.
In addition, the City's Planning Department has advised the City Council that there are
presently building plans and development applications that have been submitted for the
construction of new duplexes and secondary dwelling units within the study area such
that it is necessary to enact interim rules prohibiting construction of such uses at this
time, pending completion of a planning study.
Section 2. Establishment of Interim Urgency Zoning Rules for "Mission
Hills/Mission Flats" Area.
(a) Beginning on the effective date of this ordinance, no building permit or any other
land use entitlement application shall be issued so as to permit the immediate
construction of any of the following land uses for the "Mission Hills/Mission Flats"
area:
(1.) Issuance of any building permit for the construction of a new single family
dwelling units, duplex unit, multiple family unit or building addition to
existing residential units; and,
04-15-2003
(2.) Approval of a development application for a parcel map, tract map, or
secondary dwelling unit.
(b) The "Mission Hills/Mission Flats" area is hereby defined to include the land area
as set forth in Exhibit "A" attached and incorporated herein by reference.
(c) This urgency ordinance shall not otherwise prevent the processing of any land
use application authorized under the applicable zoning for the area, short of the
issuance of the applied for entitlement.
(d) The prohibition established herein is applicable to any development application of
any kind that is applicable to those so stated in subpart (a), above, excluding any
presently pending applications. However, any presenting pending applications
shall be subject to architectural control permit requirements of the Municipal
Code.
Section 3. Preparation of Planning and Zoning Study.
The Planning Department is hereby directed under the authority of Government Code
Section 65858, to perform a zoning study to determine whether zoning amendments are
required to be made to address the stated land use concerns as expressed by the
petitioning area neighbors.
Section 4. Statutory Findings.
Pursuant tot Government Code Section 65858, the City Council 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
study area identified in Exhibit "A", in that the existing zoning for the area may in fact
authorize overly intense development of the area in relation to existing public
infrastructure including such manners as width of streets, available resident parking,
and potential incompatibility of architectural design with the existing residential
neighborhood structures. Accordingly, the City Council further finds that the approval of
any additional building permits for residential structures such as new single family
homes, duplexes, and secondary dwelling units pose a threat to the public health,
safety, and general welfare of the "Mission Hills/Mission Flats" community until such
time that a zoning study can be completed and acted upon.
Section 5. Effective Date/Time.
Pursuant to Government Code Section 65858, this interim urgency ordinance shall take
effect immediately. It shall be effective for a period of 45 days, unless extended in
RENK1vx3
accordance with the provisions of Government Code Section 65858, for an additional
period of time.
PASSED, APPROVED AND ADOPTED, on A '
Mayor
ST:
Margaret 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 is a true and correct copy of Urgency Ordinance No. 877
which was adopted and passed by 4/5th vote at a Regular Meeting of the City Council on the
16th day of April 2003 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto and Mayor Gelff
NOES COUNCIL MEMBERS: None
ABSENT: CO NqV-, ME ERS: None
M R ARET R. MONAHAN, City Clerk
3 04-15-2003
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