Ordinance Number 366ORDINANCE NO. 366
EXEMPTION OF SINGLE LOTS
IN LAND SALE SUBDIVISIONS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ORDINANCE NO. 314 TO EXEMPT
SINGLE LOTS FROM GROWTH MANAGEMENT ALLOCATION
REQUIREMENTS
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) Section 3 of Ordinance No. 314 specifies
certain types of residential construction
which are exempt from the growth management
review or permit scheduling requirements of
the Ordinance.
(2) The development of individual lots in a land
sale subdivision by different single lot
owners does not have a significant impact on
the number of residential building permits
issued in each calendar year.
SECTION 2. Amendments
A. The following definitions are hereby added to
Section 2 of Ordinance No. 314:
"Land Sale Subdivision -- A subdivision in
which one or more residential lots is sold by
the subdivider to another party prior to home
construction on the lot."
"Custom House or Home -- A house designed
especially for construction on a particular
residential lot."
B. Section 3 of Ordinance No. 314 is hereby
amended to read as follows:
"A. Exemption of Certain Types of Projects
From Growth Management Processing
Requirements
1. The City Council finds that:
Based on past experience with
residential development in the
City, the types of residential
projects listed in this Paragraph
do not have a significant impact on
the growth rate of the City.
Because of the negligible contri-
bution of such projects to the
City's growth rate as compared with
other types of residential projects,
achievement of the objectives set
forth in Section 1 would not be
promoted by subjecting the projects
listed hereunder to the phasing
requirements of this Ordinance.
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In accordance with the foregoing
findings, the following types of
residential projects are exempted
from the provisions of this Ordinance.
Such projects, however, shall be
processed in accordance with
Ordinance No. 293 (Land Use Manage-
ment Code) and all other applicable
regulations:
(1) Small Projects - Projects
containing 12 or fewer residen-
tial lots or dwelling units.
Grouping of contiguous parcels
to develop a series of projects
of 12 units or less shall be
construed as an attempt to
subvert the purpose of this
Section. Any such grouped or
contiguous projects shall not
be exempt from the requirements
of this Ordinance.
(2) Large Lot Projects - Projects
of single family dwellings
wherein no residential lot is
less than 2 1/2 acres in size.
Scheduling of Building Permit Issuance
for Custom Houses
The City Council finds that the
issuance of building permits for
the construction of custom houses
on individual lots in land sale
subdivisions (i.e. subdivisions in
which one or more residential lots
are sold by the subdivider for
development by another party) does
not result in a significant contribu-
tion to the residential growth rate
of the City.
In accordance with the foregoing
findings, custom houses in projects
subject to growth management require-
ments shall be eligible for building
permit issuance as follows:
(1) In accordance with the effective
Residential Allocation Schedule
in the same manner as any
other type of dwelling unit --
so long as unused permit allo-
cations are available for the
calendar year in question at
the time of permit application.
(2) In addition to (1), preceding,
if all permit allocations have
been used up for the calendar
year in question at the time
of permit application, building
permits may nevertheless be
issued for custom houses in
said calendar year up to the
cumulative number of unused
Irm
permit allocations from previous
calendar years. This scheduling
provision shall apply only to
the construction of custom
houses on individual lots
wherein the lot owner has no
financial interest in any
other lot in the project.
3. The foregoing provisions apply only
to the timing of building permit
issuance after a land sale subdivision
is approved through the standard
growth management process. The
overall land sale subdivision shall
not be exempt from any growth
management processing allocation
requirements unless it qualifies
for exemption under Paragraph A,
preceding. The provisions of
Paragraph B-2, preceding, regarding
custom house building permit issuance
shall apply only after such land
sale subdivisions are approved
through the standard growth management
process set forth in Section 5."
SECTION 3. Effective Date
This Ordinance shall take effect and be in force
30 days after its passage.
SECTION 4. 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 15 days after its
passage.
PASSED, APPROVED AND ADOPTED this 19th day of
July , 1978 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
d4 J
J MES F. THORPE, MAYOR PRO-TER—
ATTEST:
RO TEMATTEST:
TIT2L� / �
Y C
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