Loading...
Ordinance Number 639ORDINANCE NO. 639 2-95 PROCESSING DEVELOPMENT APPLICATIONS AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REGARDING THE PROCESSING AND APPROVAL OF APPLICATIONS FOR DEVELOPMENT APPROVALS SUBJECT TO MEASURE -X PENDING THE COMPLETION AND ADOPTION OF A TRAFFIC AND DEVELOPMENT PLANNING REPORT PURSUANT TO GOVERNMENT CODE SECTION 65858 (URGENCY) Whereas, the voters of the City of San Juan Capistrano approved Measure X in a City special municipal election held November 8, 1988, said initiative requiring that development projects maintain and achieve certain minimum levels of service for traffic flow, flood control, police, fire, and paramedic response times, and provision of parks; and, Whereas, the City Council, at its meeting of December 6, 1988, declared the results of the election held November 8, 1988 finding that Measure X has passed by a majority vote; and, Whereas, Section 6 of Measure X requires that the City, within a period of six (6) months, revise its General Plan and other zoning ordinances to specifically reflect provisions of Measure X; and, Whereas, until a traffic and development planning study report is prepared and approved, the City will be unable to evaluate whether the cumulative impacts of development applications would exceed Measure X standards and if so, what mitigation measures may be required to assure compliance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings and Intent. The City Council finds that Measure X, by ordinance, amends the City's General Plan providing for planning and zoning restrictions affecting private developments within the City of San Juan Capistrano. More specifically, Measure X establishes complex standard levels of service with respect to traffic circulation, flood protection, police, fire, and paramedic response times which must be satisfied prior to land use approvals for private development. The City Council hereby finds that Measure X is of such complexity that an extensive planning study will have to be undertaken to determine how Measure X interfaces with existing planning and zoning regulations of the City. Accordingly, it is necessary to adopt an urgency ordinance prohibiting the processing of development applications for commercial or residential uses within the City until such time as a planning and zoning study is completed. SECTION 2. Restrictions on Processing Applications. During the period of the planning and zoning study and the operation of this Interim Ordinance, the City will not: 1) accept as complete any new applications for any proposed private developement; 2) process pending applications for General Plan amendments, rezonings, subdivision tentative map applications, or architectural approvals until such time as this Interim Ordinance expires. -I- 2.96. SECTION 3. Exemption Procedure. The City Manager may find certain projects exempt in accordance with the following procedure: a) The City Manager shall conduct an inventory of pending and proposed project applications for private development. The City Manager shall make a determination as to whether the requirements of this Interim Ordinance shall be waived as to any specific project which: 1) has received all discretionary entitlements; 2) has yet to receive all required discretionary approvals based upon the following criteria: (1) Whether a development has accrued a vested right to proceed with construction in accordance with the existing State and Federal law. (2) Whether a proposed development has a vested right to proceed with construction consistent with the requirements of the State Subdivision Map Act. (3) Whether a developer can establish hardship based on developer's reliance upon existing planning and zoning entitlements developer has already obtained. (4) Whether imposition of the Interim Ordinance would cause potential financial hardship such that developer may have legal rights under the Fifth Amendment of the United States Constitution. (5) Whether any particular project falls within the specific exemptions of Section 5 of Measure X. b) The City Manager shall, as soon as reasonably practicable, issue an administrative determination as to which project applications may qualify fora waiver based upon foregoing criteria. All decisions shall be in writing and filed with the City Clerk. Any developer/owner or resident may request a reconsideration of the City Manager's determination by filing a written statement requesting a reconsideration within 10 days from date of the City Manager's decision. Said notice shall specify detailed reasons and request for relief desired. Any citizen may challenge any specific administrative determination under the provisions of this Ordinance in accordance with the appeal procedures of Municipal Code Sections 1-4.01, et seq. c) The City Manager is empowered to make determinations as to whether any particular project under discretionary review or having received discretionary approvals is exempt from the provisions of Measure X utilizing the criteria and procedure set forth in Section 3 of this ordinance and Section 6B of Measure X. d) The City Manager shall file weekly reports of his administrative determinations made during the prior week with the City Council. Any City Council member shall have the right to call up for review any administrative determination within 10 days from date of the weekly report. - 2 - 297 SECTION 4. Additional Findings. This interim ordinance is enacted pursuant to Government Code Section 65858 and is based upon the findings that this interim ordinance is necessary to protect the public health, safety and welfare in that the voters of the City of San Juan Capistrano have enacted Measure X which establishes complex planning regulations affecting proposed private developments within the City of San Juan Capistrano. Because of the complexity of this measure, a planning study will be necessary to determine implemen- tation measures, including how this measure shall be interfaced with existing planning and zoning regulations of the City. The City Council anticipates that additional amendments to the City's General Plan and zoning ordinances may be necessary to make existing City regulations compatible with this measure. Pursuant to Government Code Section 65858(a), this interim ordinance shall take effect immediately and continue in effect for a period of 45 days from date of its adoption. SECTION 5. Traffic and Development Planning Report. The City Manager is directed to begin the preparation of a traffic and development planning report to implement Measure X. The City Manager shall strive to have the report completed within six months. The City Council will extend this interim ordinance should additional time be necessary to complete the report. SECTION 6. Term and Effective Date of Interim Ordinance. This interim Ordinance enacted pursuant to Government Code Section 65858 shall be of no further force and effect 45 days from the date of its adoption, or January 20, 1989, unless extended. This Ordinance shall take effect and be in force immediately. SECTION 7. 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 (LS) days after its passage. PASSED, APPROVED, AND ADOPTED this _6th day of December 1988. �ZA j U,� - GARY L. HAUSDORFER, MA OR ATTEST: CITY CLF t -3- � e s STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, 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. 639 which was lHtuFBi�if7ilFaYX�CXdiBiiifGlS�ttfXXilfl�WStiBd(�idXECYY@f�IXX:'i ASRlW(i 3M)iX1841C#lE3LKbXXliaxiM)4WKOfYdC>,i15XXRMKMKXXHXXXXXXXX )91MYa BCadopted at a meeting held on December 6 , 1988, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Bland (SEAL) MARY Ar HANOVER, CITY CLERK -4-