Ordinance Number 345/. •
ORDINANCE NO. 345
TIME EXTENSIONS FOR GROWTH MANAGEMENT ALLOCATIONS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ORDINANCE 314 (RESIDENTIAL
GROWTH MANAGEMENT) AND PROVIDING FOR TIME
EXTENSIONS FOR ISSUANCE OF BUILDING PERMITS
FOR 1977 DWELLING UNIT ALLOCATIONS (URGENCY)
The City Council of the City of San Juan Capistrano, California,
does hereby ordain as follows:
SECTION 1. Findings
A. The City Council finds that:
(1) On February 2, 1977, pursuant to Ordinance
314, certain residential projects were
granted dwelling unit allocations for building
permits to be issued in the 1977 calendar
year.
(2) Because said allocations were the first to be
granted under Ordinance 314, there was only a
ten-month lead-time period available to
project sponsors to process tract maps,
grading and building plans, post bonds and
fees, perform rough grading, and meet other
project requirements necessary prior to
issuance of building permits. After 1977,
project sponsors will normally have a minimum
of 22 months to satisfy such requirements and
obtain allocated building permits.
(3) It is reasonable and desirable, because of
the time constraints, described hereinabove,
imposed only on projects granted 1977 building
permit allocations, to provide for time
extensions for issuance of permits to said
projects. However, said provisions shall
apply to 1977 allocations only. There shall
be no continuing provision for further time
extension or carry-over of dwelling unit
allocations from one calendar year to the
next.
SECTION 2. Amendment
Subsection 6C of Ordinance 314 is hereby amended to
read as follows:
I.C. Adoption of Initial Residential Allocation Schedule
111. Projects Currently Under Review
The first Residential Allocation Schedule for
projects not yet under construction shall
cover calendar years 1977, 1978, and 1979.
Said RAS shall be adopted prior to March 1,
1977 and shall include the following projects:
(1) All projects granted allocations under
Paragraph B, preceding. Said allocations
shall be incorporated, without change,
into the initial RAS.
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(2) The following projects
or currently in process
provided final approval
tentative maps or site
given prior to January
Tentative Tract
Tentative Tract
Tentative Tract
Tentative Tract
Tentative Tract
Tentative Tract
Tentative Tract
Woolsey-Alipaz
recently approved
by the City,
of required
plans has been
31, 1977:
7673 (Maurer -Newcomb)
8485 (Maurer-Caward)
9382 (Maurer -Jordan)
7654 (Patrick)
9373 (Patrick)
9204 (Tierra del Caballo)
9578 (Mogan)
(apartments)
"2. Exemption from Point Rating and Competitive
Evaluation
The above projects have been or are currently --
on the effective date of this Ordinance --
being processed under the existing development
review procedures of Ordinance 293. Therefore,
such projects may be given allocations without
the project rating and competitive evaluation
procedure set forth in Section 5.
"3. Time Extensions for 1977 Allocations
Because of the shorter time period available
to meet tract map and other project requirements
for projects receiving 1977 dwelling unit
allocations, the following time extensions
for issuing building permits for said projects
shall be provided for:
(a) Building permits may be issued for 1977
dwelling unit allocations, shown on the
adopted 1977 Residential Allocation
Schedule, any time prior to and including
February 28, 1978. Except as provided
under subsection b, following, no permit
allocated for 1977 may be issued after
February 28, 1978.
(b) In addition to subsection a, preceding,
the City Council may grant a second time
extension which allows building permits
allocated for 1977 to be issued not
later than April 30, 1978, provided the
project sponsor shows to the City
Council's satisfaction that the following
conditions pertain to said project:
(1) All City requirements have been met
for recording tract maps and
issuance of grading and building
permits.
(2) All requirements for building
permit issuance were pursued
diligently and in good faith toward
meeting the established deadlines,
resulting in a substantial investment
in time and funds by the project
sponsor.
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(3) No opportunity exists under the
adopted Residential Allocation
Schedule to make adjustments in the
allocations given which will permit
the project to proceed on schedule.
(4) The obstacles preventing building
permit issuance are clearly outside
the control of the City or the
project sponsor.
(5) There is evidence that the building
permits could in fact be issued
within the requested extension of
time."
SECTION 3. Urgency Ordinance
This ordinance is an urgency ordinance for the immediate
preservation of the public peace, health, safety and welfare, and
shall take effect immediately. The facts constituting the urgency
justifying the enactment of this ordinance are as follows:
Ordinance 314 was adopted to provide for the management
of residential growth within the City -- balancing the need for a
controlled rate of growth (commensurate with municipal, school,
and other services) with the need to permit reasonable development
of vacant land to provide for an increase in the City's housing
supply in accordance with the adopted General Plan. However, if
provision is not made for a time extension for issuance of
first-year (1977) building permit applications in recognition of
the unusual time constraints on projects granted such 1977
allocations, said balance could be upset. The 1977 dwelling unit
allocations would remain unused and those dwelling units intended
to be built under the growth management program might not be
built.
It is necessary to make provisions for the time extensions
set forth in this ordinance immediately so that the substantial
commitments necessary to obtain building permits for the affected
projects can be made without further delay. It is necessary to
make such provisions as soon prior to the end of 1977 as possible
because 1977 allocations will expire, under Ordinance 314, on
December 31, 1977.
PASSED, APPROVED AND ADOPTED this 7th day of
December , 1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT:
None
t
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O.
HECKSCHER,
MAYOR
ATTEST:
CITY CLE
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