Ordinance Number 308331
ORDINANCE NO. 308
DEVELOPMENT PHASING FOR APPROVED SUBDIVISIONS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, IMPOSING A PHASING SCHEDULE FOR THE
ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL UNITS
IN CERTAIN APPROVED SUBDIVISIONS (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES
ORDAIN AS FOLLOWS:
SECTION 1. In order to promote orderly residential
growth wit inti— tte City, particularly as such growth relates to and
impacts local schools, traffic circulation, public improvements,
and the ability of the City to provide required municipal services,
the City Council finds and determines that building permits for
approved tentative tracts which have not been issued prior to the
date of this Ordinance shall be subject to the following phasing
schedule:
SECTION 2. The developer of any tract affected by the
provisions of Section l,preceding, may apply in writing to the City
Clerk for relief from the provisions set forth therein. Such
application shall fully specify the basis for the developer's
requested relief. Upon receipt of said application, the Clerk shall
set a time and place for hearing of the matter by the City Council.
At such hearing, the Council may, upon receiving testimony and other
evidence justifying a waiver, adopt a resolution exempting such
developer from the provisions of Section 1, preceding.
SECTION 3. This is an urgency ordinance for the immediate
preservation of the public health, safety, and general welfare and
shall take effect immediately. The facts of the urgency justifying
-1-
Maximum No.*
Maximum
No.*
of Bldg. Per-
of Bldg.
Per -
No. of Bldg.
Maximum No.*
mits Issuable
mits Issuable
Permits Not
of Bldg. Per-
Between Jan.
Between
Jan.
Issued As Of
mits Issuable
1, 1978, and
1, 1979,
and
Sept. 15,
Before Jan.
Dec. 31,
Dec. 31,
Subdivision
1976
1, 1978
1978
1979
Tentative
Tract 7616
132
42
42
48
Tentative
Tract 8087
65
35
30
0
Tentative
Tract 9030
12
6
6
0
Tentative
Tract 9034
144
0
54
90
Tentative
Tract 9064
6
3
3
0
Tentative
Tract 9184
12
6
6
0
Tentative
Tract 9204
14
7
7
0
Tentative
Tract 9299
12
6
6
0
*Any building
permits
allocated in the
year indicated
but not
issued
shall require
specific action
by the City Council to
approve
building permit
issuance.
SECTION 2. The developer of any tract affected by the
provisions of Section l,preceding, may apply in writing to the City
Clerk for relief from the provisions set forth therein. Such
application shall fully specify the basis for the developer's
requested relief. Upon receipt of said application, the Clerk shall
set a time and place for hearing of the matter by the City Council.
At such hearing, the Council may, upon receiving testimony and other
evidence justifying a waiver, adopt a resolution exempting such
developer from the provisions of Section 1, preceding.
SECTION 3. This is an urgency ordinance for the immediate
preservation of the public health, safety, and general welfare and
shall take effect immediately. The facts of the urgency justifying
-1-
333
the enactment of this Ordinance are as follows:
1. The ability of the City to provide services such as
the construction and maintenance of public improvements, administra-
tive services to the public, and other required governmental services
is being severely impaired by the present rate of residential growth
in San Juan Capistrano. In order to maintain an adequate level of
such services, it is necessary to place immediate phasing controls
on those residential subdivisions previously approved.
2. The present population and growth rate in the City is
in excess of that projected in the General Plan. In order to ensure
that the principles of balanced controlled growth contained in the
General Plan and the Citizens' Policy Plan are not violated, it is
necessary to develop a growth phasing plan to bring the rate of
residential growth back in line with General Plan projections.
3. If residential growth is permitted to continue at is
present rate, there will be an immediate adverse effect on local
schools.
4. A long-term growth management program for new
residential projects may be rendered ineffective if phasing controls
are not also imposed on the construction of dwelling units within
projects already approved.
PASSED, APPROVED, AND ADOPTED this 15th day of September,
1976, be the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
ATTEST:
CITY CL
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. 308 adopted by the City
Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 15th day of September, 1976.
(SEAL)
MARY A NOVER, CITY CLERK
-2-