Ordinance Number 664ORDINANCE NO. 664
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IMPOSING A MORATORIUM ON THE
PROCESSING OF DEVELOPMENT APPLICATIONS FOR PROPERTY
WITHIN THE ALIPAZ EXTENSION STUDY IN ACCORDANCE WITH
SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
1. Consideration of a general plan amendment has been initiated to
determine if significant changes should be made to (1) the planned
northward extension of Alipaz Street; and (2) the general plan land use
designations on presently -vacant property to be served by the Alipaz
extension.
2. Because of the potentially -significant effects of changes to the planned
Alipaz extension on the development potential of properties along
Trabuco Creek, a moratorium on the processing of all projects for such
land is needed. This moratorium is essential because the present general
plan land use designations are predicated on future construction of the
extension. Deletion or downgrading of the extension would decrease
overall access and traffic capacity to serve new development and
therefore might require reduction in general plan land use intensities for
affected property in order to ensure protection of the environment and
of the public health and safety.
3. The processing of development projects in the affected area during the
time that the general plan amendment is under study would result in an
immediate threat to the public health, safety, and welfare in that
approval of projects under the present General Plan land use and
circulation designations could result in unsafe access and/or inadequate
road capacity to accommodate traffic generated from- presently -
designated densities.
4. This urgency ordinance is necessary for the protection of the
environment during the time that the general plan amendment is under
review. Therefore, in accordance with Section 15308 of the California
Environmental Quality Act Guidelines, this moratorium ordinance is
categorically exempt from environmental review.
SECTION 2. Moratorium.
Based on the findings set forth in Section 1, preceding, the City Council
ordains that there is hereby established a moratorium on the processing of development
projects proposed within the general plan amendment study area shown on Exhibit A
attached hereto.
SECTION 3. Effective Date.
In accordance with Section 65858 of the California Government Code, this
ordinance shall be deemed an urgency measure and shall therefore take effect
immediately.
SECTION 4. Expiration.
In accordance with Section 65858 of the California Government Code, this
ordinance shall expire and be of no further force and effect 45 days from the date of
adoption or June 29, 1990, unless extended pursuant to Section 65858.
SECTION 5. 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 May
1990.
GA L. H USDORFER, MAY R
ATTEST:
NIVADIMMIZA
WI 41_ ��
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, GEORGE SCARBOROUGH, Acting City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true -and correct
copy of Urgency Ordinance No. 664 which was adopted at a regular meeting of the
City Council of the City of San Juan Capistrano held on May 15 1990, by the
following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and
Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL) GEOARBORO�U� H ACTe i CLERK
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EXHIBIT A