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Ordinance Number 334LIM ORDINANCE NO. 334 RESIDENTIAL GROWTH MANAGEMENT AMENDMENT - ANNEXATIONS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 314 FOR TERRITORIES TO BE ANNEXED (RESIDENTIAL GROWTH MANAGEMENT) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS The City Council finds that: Ordinance No. 314 (Residential Growth Management), adopted on January 5, 1977, provides for a maximum Numerical Limit of 400 dwelling units per year to be allocated among eligible residential projects in the City. The 400 -unit maximum was set based on studies focusing on development of land within the present boundaries of the City. Provision for residential growth on land annexed to the City was not incorporated into the ordinance. SECTION 2. AMENDMENT A. Because of the findings listed in Section 1, preceding, the City Council hereby determines that it is proper and desirable to provide flexibility for allowing some increase in dwelling unit allocations for years in which annexed projects will be built. Therefore, the amendment set forth in Paragraph B, following, is hereby adopted. Section 4 of Ordinance No. 314 is hereby amended to read as follows: "SECTION 4. ANNUAL NUMERICAL LIMITS "A. Criteria for Setting Numerical Limits "Each year, the City Council shall, after considering economic, environmental, and other studies relevant to the growth management program, determine the maximum number of dwelling units to be issued building permits, consistent with the purpose and intent of this Ordinance as set forth in Section 1. Said Numerical Limit shall be set in accordance with the procedures of Paragraph B, following. The Numerical Limit shall be expressed as the total number of dwelling units, for projects not exempted by Section 3, which may be permitted in a specified calendar year. The Numerical Limit shall provide for residential growth within the City's present land area (i.e., land within the City on the effective date of Ordinance No. 314) of not more than 400 units per year for non-exempt projects. -1- 16, "B. Procedure for Setting Numerical Limits "In January of each year, the City Council shall adopt a resolution setting the Numerical Limits for each of the three subsequent calendar years. Consideration and adoption of the Numerical Limits shall be done at a duly -noticed public hearing. Said resolution shall set forth the factual findings supporting the determination of the Numerical Limits. "Numerical Limits adopted in January shall cover the succeeding three years. For example, the Limits for 1979, 1980, and 1981 shall be adopted initially in 1978. Subsequently, in January of 1979, Limits for 1980 and 1981 may be adjusted, if necessary, and a new Limit set for 1982. The City Council may adjust the Limits previously set for 1980 and 1981 if it determines by factual findings that such adjustments are necessary to support the goals and objectives set forth in Section 1. However, in no case, shall the Council reduce a previously set Limit for a calendar year at a level lower than the total number of dwelling units already allocated for construction in that year. Thus, no previously granted yearly dwelling unit allocation for a project may be reduced as a result of an adjustment to that same year's Numerical Limit. "C. Growth Due to Annexation "The Numerical Limit is intended to place a ceiling on the number of dwelling units which may be constructed each year within the present land area of the City. The Numerical Limit is not intended to include dwelling unit allocations for residential growth on new land annexed to the City. Therefore, such annexed projects shall be considered separately with respect to the growth management requirements of this Ordinance. The following provisions shall apply to projects on land annexed to the City after the effective date of Ordinance No. 314: 111. Annexed projects shall be allocated and phased separately from in -City projects. Because of the time constraints of local and State annexation requirements, the City Council may adopt a phasing schedule for such projects proposed for annexation at any time during the calendar year. "2. The combined total of yearly allocations granted to annexed and in -City projects may exceed the 400 unit maximum imposed on growth due to in -City projects. However, additional allocations (above the previously set Numerical Limit) granted to annexed residential projects in any given calendar year shall not exceed the number of acres in said projects. -2- I "3. Projects to be annexed shall be subject to all of the development review and design standards of the Land Use Management Code." Such projects shall undergo the preliminary screening, environmental review concept review, and point rating procedures of Section 5 prior to City action on annexation. The results of the point rating process for any project eligible for annexation shall be considered by the City Council prior to action on such annexation. SECTION 3. EFFECTIVE DATE This Ordinance shall take effect and be in force 30 days after its passage. SECTION 4. 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 15 days after its passage. PASSED, APPROVED AND ADOPTED this 5th day of October 1977, by the following vote, to wit: AYES: Councilmen Sweeney, Friess, Nash, and Mayor Heckscher NOES: None ABSENT: Councilman McDowell i 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. 334 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on September 7 1977, and adopted at a meeting held on October 5 , 1977 - (SEAL) BY(��V o MAR�ANN HO R, CITYCLE JZ�C�j�.L� UU-_ -3- YV MAYOR O. HECKS HER, ATTEST: i 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. 334 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on September 7 1977, and adopted at a meeting held on October 5 , 1977 - (SEAL) BY(��V o MAR�ANN HO R, CITYCLE JZ�C�j�.L� UU-_ -3-