Ordinance Number 822Sl/
URGENCY ORDINANCE NO. 822
EXTENSION OF INTERIM URGENCY ORDINANCE NO. 817, SUSPENDING
THE PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS
TO CONDUCT A REVIEW AND UPDATE OF THE GENERAL PLAN
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO. 817
WHICH SUSPENDED THE PROCESSING OF CERTAIN DEVELOPMENT
APPLICATIONS IN ORDER TO CONDUCT A COMPREHENSIVE REVIEW
AND UPDATE OF THE CITY'S ADOPTED GENERAL PLAN AND THE NEED
TO INSURE THAT DEVELOPMENT APPLICATIONS ON LARGE, VACANT
PARCELS ARE NOT CONSIDERED DURING THIS INTERIM PERIOD TO
INSURE LONG-TERM LAND USE OPTIONS REMAIN AVAILABLE TO
CREATE, MAINTAIN AND SUSTAIN A BALANCED AND VIABLE
COMMUNITY BASED UPON THE FINDINGS THAT SUCH INTERIM
REGULATIONS ARE NECESSARY TO RESPOND TO 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. Findines.
WHEREAS, California Government Code Section 65858 permits local jurisdictions
to protect the public safety, health and welfare by adopting, as an urgency measure, an interim
ordinance prohibiting any use which may be in conflict with a contemplated general plan, specific
plan, or zoning proposal which the legislative body is considering or studying or intends to study
within a reasonable time; and,
WHEREAS, the currently adopted General Plan was adopted in December, 1974 and
although individual Elements have been revised, amended, added and adopted since this initial
adoption, a comprehensive review of the overall document has not been conducted; and,
WHEREAS, during this past year a number of issues have been raised regarding the
adequacy of certain Elements of the General Plan and its implementing ordinances; and,
WHEREAS, the Land Use Element has not been updated and revised since its
adoption in December 1974, and contains a number of statistics and specific actions of the City in
the Plan's implementation during these past years that should be reflected in both revised text and
diagrams and further evaluation of land use designations that may not be appropriate and/or
compatible with the overall goals and policies of the General Plan which should be studied; and,
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WHEREAS, the Circulation Element shows anumber of arterial road alignments that
may not be either financially or physically capable of being implemented as shown on the adopted
Plan, such as San Juan Creek Road from Lallovia to La Pata; Avenida Siega from Ortega Highway
to San Juan Creek Road; Camino Los Padres from Street of the Golden Lantern to Camino
Capistrano; Camino Las Ramblas from its existing terminus to La Pata; Alipaz Street from Del
Obispo Street to Junipero Serra Road; and, Camino Capistrano north of Junipero Serra; and,
WHEREAS, the Public Facilities Element as it relates to school facilities and the
financing and location of future locations to serve the population of this City has not been revised
since 1982, and recent information from the Capistrano Unified School District has shown that
existing facilities are presently either overcrowded or facing overcrowding within the immediate
future from building permits currently authorized; and,
WHEREAS, in the last several months, the City has experienced a number of
landslides within the hillside areas, some threatening existing homes, and it is important that
development in hillside areas be further evaluated and specific policies considered for inclusion into
the General Plan to ensure that appropriate standards are established to preclude similar situations
that would threaten the public's health, safety and welfare; and,
WHEREAS, a financial analysis was conducted on the then -proposed General Plan
(1974) which demonstrated that implementation of the Plan would result in a viable and sustainable
community, and since that time with approval of Proposition 13 in 1978 and other changes in the
financing of local government services, an audit of the General Plan has not been completed to
determine if the existing General Plan continued to be a viable and sustainable Plan that will
generate sufficient operating revenues to fully fund local services as noted in the General Plan upon
full implementation; and,
WHEREAS, on April 21, 1998, the City Council initiated an amendment study of
the Land Use Element of the General Plan to update and bring it current with the existing conditions
of the City; and,
WHEREAS, there is a continuing need to conduct a comprehensive review and
update of all Elements of the City's adopted General Plan to ensure compliance with all provisions
of the California Government Code as it relates to mandatory provisions to be included and
addressed in a local jurisdiction's General Plan; and,
WHEREAS, the City Council, at its meeting of June 16, 1998, adopted Interim
Urgency Ordinance No. 817, pursuant to findings and after having considered public testimony
noticed in accordance with California Government Code Section 65090 and the City's Municipal
Code; and,
WHEREAS, the extension of this ordinance is necessary to preclude major
development applications from being processed during this interim period that a comprehensive
review of the General Plan is in progress so as to insure that any pending development applications
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will not be in conflict with any recommended modifications to the General Plan in order to protect
the public's health, safety and general welfare; and,
WHEREAS, the City Council has, on July 21,1998, conducted a duly -noticed public
hearing consistent with the provisions of the California Government Code Section 65090 and
applicable provisions of the San Juan Capistrano Municipal Code; and,
WHEREAS, based upon the above findings, it is necessary to adopt an extension of
Interim Urgency Ordinance No. 817 continuing a suspension on the processing of all development
applications, except those specifically excluded under Section 3, in order to complete a
comprehensive review of the City's adopted General Plan in order to insure that any future or
currently -pending development applications will not create a potential threat to the public health,
safety and general welfare in the creation of a balanced and sustainable community upon its full
implementation.
SECTION 2. Suspension of Processing of Development Application
During Interim Period to Allow a Comprehensive Review and
Update of City's General Plan.
a. Suspension of Processing of Development Applications.
The City's Planning Services Department is to suspend formal processing of all
development applications, unless a proposed development application falls within any of the
exemptions set forth in Section 3, during the period that this interim urgency ordinance remains in
full force and effect.
b. Data Collection and Preparation of Planning Reports for Proposed Projects
Permissible.
The Planning Services Department is authorized to conduct informational or special
studies on proposed project applications, including, but not limited to, the preparation of
environmental impact reports. However, no formal meetings or public hearings shall be conducted
concerning such documents with respect to said adequacy of these studies nor with the processing
of land use entitlement for proposed projects during the life of this interim urgency ordinance.
SECTION 3. Exemptions.
This interim urgency ordinance shall not apply to the following categories of land use
development applications:
a. Projects for which a Vesting Tentative Tract Map has been previously
approved.
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b. Projects -with an approved Tentative Tract Map and for which a Mass
Grading Permit has been issued.
C. Residential projects for which there is an approved Development Agreement
and/or Settlement Agreement.
d. Any amendments to the land use entitlement for projects exempt under
subparagraphs a -c above, provided the amendment does not increase the
density or intensity of the use of the property from that set forth in the above
entitlement.
e. All new residential subdivisions of 50 or fewer lots or units.
f. Any new residential application that restricts age of residents to greater than
55 years of age and older.
g. Any new residential application that is consistent with the provisions of
Section 9-3.511 of the City's Municipal Code.
h. All non-residential and retail projects of less than ten (10) net usable acres
(would exclude large natural or manufactured slopes).
Any public institutional use (i.e., churches, schools, medical, senior assisted
care facilities, and utility and government facilities).
j. Continuation of general agricultural operations permitted by the underlying
zoning for a particular parcel.
However, any proposed development application submitted for processing under this
subsection shall be proposed for the entire acreage of the parcel such that the City shall not process
any application in which the applicant seeks only to subdivide a smaller portion of the entire parcel.
SECTION 4. Exceptions.
The City Council reserves the right to consider applications for exceptions to Section
2 of this Ordinance providing the applicant is requesting a minor deviation from any particular
exemption category set forth in Section 3. The City Council further reserves complete discretion to
determine in any given instance what constitutes a minor deviation from an exemption category.
SECTION 5. Preparation of Planning Study.
The Planning Services Department was directed on June 16, 1998 to perform a
comprehensive planning study including a review and update of the City's General Plan.
Subsequent to the date of the interim urgency ordinance adoption, the Planning Services Department
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has prepared a scope of work and transmitted same to 25 planing consultant firms on June 22, 1998.
Several consultant firms have prepared responses to the Request for Poposal on July 9, 1998.
Currently the Planning Services Department is reviewing the submitted Request for Proposals and
anticipates submission of a recommendation to the City Council for consultant selection on
August 4, 1998.
SECTION 6. Findinias of Necessity.
The City Council hereby finds an determines that there is a current and immediate
threat to the public health, safety and general welfare of the community based upon the findings set
forth in Section 1, of this Ordinance, and that the approval of additional subdivisions, use permits,
site plans, building permits, or any other applicable entitlement for use which is required in order
to comply with a zoning ordinance, except as exempted under Section 3, would result in that threat
to public health, safety and welfare.
SECTION 7. Effective Date.
Pursuant to Government Code Section 65858(a), Interim Urgency Ordinance No. 817
is hereby extended and shall be in force and effect for 10 months and 15 days from this date of
adoption. After notice pursuant to Section 65090 and public hearing, the City Council may by
four/fifths vote, extend this interim ordinance for an additional 12 months after conducting a noticed
hearing pursuant to Section 65090.
SECTION 8. 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 21st day of
July , 1998. ,�---�
ATTEST:
CITY CLEREU
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YOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
In, CHERYL JOHNSON, City Clerk ofthe City of San Juan Capistrano, Califorfiia,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.
822 which was adopted at a meeting of the City Council of the City of San Juan Capistrano,
California, held on July 21 , 1998, by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO SO , CITY CLERK
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