Ordinance Number 651ORDINANCE NO. 651
EXTENDING URGENCY ORDINANCE NO. 648 -
RIDGELINE PRESERVATION URGENCY
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXTENDING URGENCY ORDINANCE
NO. 648 RELATING TO RIDGELINE PRESERVATION
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WHEREAS, the City Council adopted Interim Urgency Ordinance No. 648 on
July 18, 1989, for the purpose of codifying land use restrictions as to grading and
construction activity within certain hillside areas in the City of San Juan Capistrano;
and,
WHEREAS, Ordinance No. 648 more specifically prohibits construction and
grading activity within 200 feet (horizontal) of a designated ridgeline; and,
WHEREAS, the City will need additional time to conduct a planning and zoning
study to determine whether this restriction or other restrictions should be enacted on a
permanent basis to implement the goal of ridgeline preservation as stated in the Open
Space and Conservation Element of the City's General Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Extension of Urgency Ordinance No. 648.
Pursuant to Government Code Section 65858, Urgency Ordinance No. 648 is
hereby extended for a period of 180 days.
SECTION 2. Findings.
This extension of Urgency Ordinance No. 648 is enacted pursuant to
Government Code Section 65858 and is based upon the specific finding that this extension
is necessary to protect the general welfare of the community in that the Open Space and
Conservation Element of the General Plan calls out specific goals of preserving
significant ridgeline areas within the City of San Juan Capistrano. These policy goals
could be frustrated if not implemented by reason of the fact that existing hillside
preservation zoning provisions are in need of updating in that they lack specificity as to
specific development and grading standards for major ridgeline areas of the City.
Further, there is a current and immediate threat to the public welfare in that developers
may submit development proposals calling for grading and construction activity in
significant ridgeline areas of the City, which said proposals could defeat the purposes of
the stated goals of the Open Space and Conservation Element of the City's General
Plan. Accordingly, approval of additional subdivision use permits, variances, building
permits, grading permits or other applicable entitlements for use which are required in
order to comply with existing zoning provisions would result in a threat to the public
welfare as stated herein.
SECTION 3. Effective Date.
This Urgency Ordinance providing for the extension of Ordinance No. 648 shall
take full force and effect immediately.
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SECTION 4. 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 15th day of August
1989.
AUSDORFER, MAY R
ATTEST: RY L.
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. 651 which was adopted at a meeting of the City Council of the City of
San Juan Capistrano, California, held on August 15 , 1989, by the following
vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland and
Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)
MARY AN ANOVER, CITY CLERK
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