Ordinance Number 415ORDINANCE NO. 415
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
INDIVIDUAL GROWTH MANAGEMENT PHASING PROGRAMS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, CHAPTER 7, OF
THE MUNICIPAL CODE, TO ALLOW INDIVIDUAL
GROWTH MANAGEMENT PHASING PROGRAMS FOR
LARGE SCALE PLANNED COMMUNITIES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
A. The City's Environmental Review Board has reviewed
the Ordinance amendment set forth herein, has
determined that the amendment will not have a
significant impact on the environment, has accordingly
issued a negative declaration for the amendment,
and has otherwise carried out all requirements of
the California Environmental Quality Act as amended.
The ordinance amendment will provide a mechanism
for the continued control of growth within the
community while allowing the orderly development
of large scale residential Planned Communities in
a manner consistent with the General Plan.
SECTION 2. Text of the Amendments to Chapter 7,
Residential Growth Management.
A. Introduction
Based on the findings set forth in Section 9-7.02,
Title 9 of the San Juan Capistrano Municipal Code,
set forth in Paragraphs B through E, following are
hereby enacted:
"Section 9-7.07.1, Exemptions: Large Scale Planned
Communities" is hereby added to read as follows:
"(a) Findings. The Council finds that theissuance
of building permits for large-scale planned
communities are more appropriately controlled
through inclusion of a growth phasing program
within the development regulations of the
prospective comprehensive development plans
rather than by the procedures set forth
elsewhere in this Chapter (specifically
Section 9-7.09). Such a provision will allow
for the orderly development of large-scale
planned communities over an extended period
of time.
"It is further determined that this amendment
will not result in any further restrictions
being imposed on the number of housing units
which may be constructed within the City
during any specific time."
"(b) Eligibilty requirements for Growth Management
Phasing Program. A 'Planned Community'
encompassing 400 + acres and a minimum 400
residential dwelling units may provide for a
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separate Growth Management Phasing Program
for the issuance of building permits subject
to inclusion of the following elements within
the Comprehensive Development Plan of the
Planned Community:'
(1) Identification of specific residential
development areas and segmented allocation
of building permits over a minimum four
(4) year period.
11(2) Identification of public improvements,
dedications and construction impacts
necessary to implement the sequential
development pattern identified in subsection
(1) preceding."
Section 9-7.09 E. Paragraphs IV. and V. are hereby
amended to read as follows:
"(iv) Residential allocation schedule. The Council
shall annually adopt the allocations given by
means of a three (3) year RAS (see Table 2 of
this section).
"TABLE 2: SAMPLE RESIDENTIAL ALLOCATION SCHEDULE
"Previously Approved
Projects
Tentative Tract ..............
Tentative Tract ..............
Tentative Tract ..............
Tentative Tract ..............
Subtotals (Old Projects)
Remaining Allocations
Building Permits
Issuable Calendar Year
1977 1978 1979
24 26 0
43 40 0
30 26 0
52 0 0
149 92 0
(Annual Numerical Limit
Minus Subtotal)
"New Projects To Be Allocated
"Tentative Tract .............. 46 60 0
Tentative Tract .............. 52 0 0
Tentative Tract .............. 68 85 81
Subtotals (New Projects) 166 145 81
Totals (Old and New
Projects) 315 237 81
New Remaining Allocations (Annual Numerical Limit
Minus Total)
"Note: Numbers shown are for illustration purposes
only.
"Allocations granted in the RAS adopted
in February of a given year shall cover
that year and the succeeding three (3)
years. For example, the RAS adopted in
February of 1978 shall cover 1978, 1979,
1980, and 1981. The RAS shall be adopted
by the Council by resolution."
"(v) Residential allocation schedule and
numerical limits. The RAS shall show the
running cumulative totals of the dwelling
units allocated for previously -approved
projects for each year. The Council shall
insure that allocations for new projects
under consideration (including large-scale
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planned communities regulated by Section
9-7.07.1) do not result in an RAS cumulative
dwelling unit total greater than the yearly
numerical limits set by the Council by
resolution as set forth in Section 9-7.06 of
this chapter. Said RAS cumulative dwelling
unit total shall include dwelling unit building
permits allocated separately to large-scale
planned communities pursuant to the provisions
of Section 9-7.07.1. If the numerical limit
set for a given year has already been filled
by said RAS cumulative allocations, new
allocations may be granted only for succeeding
years whose numerical limits have not been so
filled."
D. Section 9-7.0l.F is hereby amended to read as follows:
"(f) Tentative maps, final maps, and building
permits. No tentative map shall be accepted
for any residential project not exempted by
Sections 9-7.06, 9-7.07, and 9-7.07.1 of this
chapter until the RAS allocation dwelling
unit building permits for such project has
been adopted by the Council.
"Following the concept review and adoption of
the RAS, a tenative map may be submitted for
a project included in the RAS. Such tentative
maps shall then be processed by the Planning
Commission and the Council in accordance with
the LUC.
"The inclusion of a project in the RAS shall
not constitute the approval of the tentative
map. The City may deny such a tentative map
if it determines that such map:
"(1) Is not consistent with the development
plans and concepts approved during
the concept review as set forth in
subsection (1) of subsection (d) of
this section; or
(2) Does not meet with requirements of
State laws, the LUC, or the General
Plan.
"If a tentative map is approved, the final
maps and building permits shall be processed
in accordance with the LUC and other applicable
regulations."
E. Section 9-7.10 (Administration) is hereby amended to
read as follows:
"(a) Issuance of building permits. Except as
otherwise provided in this section, no building
permit shall be issued for a residential
dwelling unit unless:
"(1) It is within a project exempted by
Section 9-7.06 of this chapter;
"(2) It is within a large-scale planned
community subject to growth -management
phasing in accordance with Section
9-7.07.1; or
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SECTION 3
11(3) It is provided for in an RAS adopted by
resolution by the Council pursuant to
the provisions of subsection (e) of
Section 9-7.09 of this chapter."
Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated posting
places within the City of San Juan Capistrano within fifteen (15)
days after its passage.
PASSED, APPROVED AND ADOPTED this 20th day of
January 1 1981 , by the following vote, to wit:
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
G Y4-eaa-WL
HDORFER, Pap. OR
ATTEST:
CITY CLERK/ '
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. 415 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on January 6 1981, and adopted at
a meeting held on January 20 , 1981.
(SEAL) � /
-MARY ANNNOVE R, CITY CLERK
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