Ordinance Number 314ORDINANCE NO. 314 357
RESIDENTIAL GROWTH MANAGEMENT
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING A SYSTEM TO DIRECT AND
MANAGE THE RATE OF NEW RESIDENTIAL BUILDING
DEVELOPMENT IN THE CITY
The City Council of the City of San Juan Capistrano,
California, does hereby ordain as follows:
SECTION 1. PURPOSE AND AUTHORITY
Findings
The City Council finds that:
(1) The City of San Juan Capistrano has grown from
a population of 3,781 in 1970 to an estimated
15,500 in December, 1976. During 1973, the City's
growth constituted the highest percentage growth
rate of all cities in the State. In 1974 and
1975, the City's percentage growth was the highest
in the County.
(2) Residential project approvals between 1970 and
1975 have produced an average yearly increase of
600 dwelling units, with a high of 1,122 units
in 1972.
(3) During 1973 and 1974 the citizens and City Council
of San Juan Capistrano did prepare a Citizens'
Policy Plan and revised General Plan through a
comprehensive public participation process involv-
ing all interests in the community.
(4) The General Plan, based upon the Citizens' Policy
Plan and adopted on December 18, 1974, resulted
in a residential holding capacity equivalent to a
maximum population of 42,000 at full development.
This maximum population is approximately one-half
that of the previous General Plan. Thus, adoption
of the new General Plan reflected the City's long-
standing concern over the possible adverse effects
of growth on San Juan Capistrano.
(5) The Housing Element of the General Plan does
specifically require, as implementation measures,
the development of a Growth Management Plan and
a Residential Development Impact Review Procedure
in order "to insure that development will be
phased in an organized manner whereby the City's
ability to effectively serve the community will
not be overburdened."
(6) Continued unrestrained residential growth will
seriously impair the City's ability to effectuate
the goals and policies of the General Plan and
Citizens' Policy Plan.
Purpose
Because of the findings set forth in Paragraph A pre-
ceding, the City has developed certain goals and
objectives, consistent with the General Plan and Citizens'
Policy Plan, to be implemented by a growth management
program. These goals and objectives constitute the
purpose of this Growth Management Ordinance:
Goal No. 1: To Preserve the Village, Semi -Rural Life-
style of San Juan Capistrano
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Objectives
1. Provide sufficient time to adequately address
issues of quality, environmental impacts, and
social consequences in the development review
process for all residential subdivisions and
commercial projects.
2. Minimize the adverse impacts of constant build-
ing construction activity adjacent to existing
residential neighborhoods.
3. Coordinate residential and commercial growth
with public improvements (such as arterial
roads, parks, etc.) in order to prevent pre-
mature public expenditures or unused capacities.
4. Provide for gradual and controlled urbanization
of non -preservable agricultural areas and
developable rural areas in order to minimize
potential impacts inconsistent with the goals
of the General Plan.
Goal No. 2: To Prevent Overloading the Public Agencies
Servicing the Citizens of San Juan Capistrano
Objectives
1. Allow for adequate municipal services (such as
recreation programs, neighborhood assistance,
home improvement permits, business and com-
mercial services, parks and street maintenance,
etc.) without causing a lower level of service
due to increased growth.
2. Allow time to provide public facilities (such
as park improvements, meeting facilities,
library, etc.) adequate to serve the existing
and future population.
3. Provide a mechanism which allows school capac-
ities to keep pace with residential growth
such that staggered and double sessions, large
classes and general over -crowding of facilities
do not become characteristic of schools in San
Juan Capistrano during the growth years.
4. Allow for planning and funding of public
improvements and utilities commensurate with
the community's ability to absorb costs and
growth -inducing impacts.
5. Allow for needed adjustments in provision of
public safety services, such as acquisition of
sites and construction of fire stations,
increased patrol units, and additional special
services from the County Sheriff, Health
Department or Building and Safety Department.
6. Allow for the prevention of deficiencies in
development projects during the review stage
and for the correction of deficiencies after
move -in.
Goal No. 3: To Insure the Vitality and Economic Stability
of the Community
Objectives
Maintain control over City expenditures and
prevent overburdening of local revenue sources
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by avoiding the need for accelerated con-
struction of major public facilities and
improvements.
2. Provide a continuing balance of old and new
housing in order to prevent future neighbor-
hood preservation problems and to allow a
continual range of housing opportunities for
San Juan Capistrano residents.
3. Provide opportunities for the housing of low
and moderate income families in the community.
4. Provide for the orderly integration of the
commercial, light manufacturing and service
sectors, paced to the needs of the local
residents and the capabilities of local pub-
lic services and facilities.
5. Provide adequate safeguards to protect the
economic interests of the City, local resi-
dents, landowners, and commercial establish-
ments.
Goal No. 4: To Address Growth -Related Regional Problems
Objectives
1. Confer with other public agencies in the
region concerning the City's growth management
program in order to foster cooperation and
assistance in solving mutual growth -related
problems.
C. Authority
The authority for this Ordinance is derived from the
general police power granted to local governments by the
State for the purpose of preserving the public health,
safety, and general welfare. More specifically, author-
ity is derived from the California Government Code,
Title 7 (Section 65000, et seq), providing for the
adoption of local planning, zoning, and other land use
regulations.
D. Scope
This Ordinance pertains to residential development
projects only. However, the City shall closely monitor
commercial and industrial development to insure that
balance is maintained among the three types of land use
as required by the General Plan.
E. Repeal of Previous Regulations
The following regulations, pertaining to growth manage-
ment, are hereby repealed on the effective date of this
Ordinance:
Ordinance 308 (Development Phasing for Approved
Subdivisions)
Resolution 76-9-15-1 (Interim Growth Management Policy)
SECTION 2. DEFINITIONS
For the purposes of this Ordinance, the following terms shall have
the meaning indicated:
Allocation - The number of dwelling units in a residential
development project for which building permits may be
issued in a specified calendar year. Total allocations
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are less than or equal to the Numerical Limit set
by City Council resolution for the same calendar year.
Competitive Evaluation - The process of comparing the
Project Rating Scale point ratings of projects
approved in concept in order to determine priority in
receiving yearly allocation of dwelling units.
Concept Review - The review of residential projects subject
to this Ordinance to determine if such projects may
proceed to the competitive evaluation, unit allocation,
and, if applicable, tentative map review stages. Projects
may be denied or approved in concept at this stage of
review.
ERB - The City's Environmental Review Board.
Environmental Review - The process of determining the
impact of proposed projects on the environment. The
review process is carried out in accordance with the
California Environmental Quality Act and City Guidelines.
General Criteria - Certain aspects of residential projects
associated with growth management, relating primarily
to project design, housing mix, and public benefit,
which are incorporated into a Project Rating Scale
(PRS). The PRS is used to give point ratings to pro-
posed residential developments for future competitive
evaluation.
Land Use Management Code or LUMC - Ordinance No. 293.
Numerical Limit - The total number of dwelling units for
which building permits may be issued within the City
during a given calendar year. The Numerical Limit is
adopted by the City Council,
Project Rating Scale or PRS - A measuring device, composed
of a number of general and specific rating criteria
relating to project design, location, and other
characteristics, used for assigning point ratings to
proposed residential projects prior to competitive
evaluation of two or more projects.
Residential Allocation Schedule or RAS - The timetable used
to specify the number of dwelling units in residential
projects for which building permits may be issued dur-
ing each of three calendar years.
Residential Project - A development project which will
result in the construction of new dwelling units in
the City. Such projects may or may not involve the
subdivision of land.
Specific Criteria - Certain aspects of residential projects
associated with growth management, relating primarily
to site location, circulation, and consistency with
City regulations, which are incorporated into a Project
Rating Scale (PRS). The PRS is used to give point rat-
ings to proposed residential developments for future
competitive evaluation.
SECTION 3. EXEMPTIONS
The City Council finds that;
(1) Based on past experience with residential development
in the City, the types of residential projects listed
in this Section do not have a significant impact on
the growth rate of the City.
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(2) Because of the negligible contribution 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 sub-
jecting the projects listed hereinunder to the phasing
requirements of this Ordinance.
Therefore, the following types of residential projects are
exempted from the provisions of this Ordinance. Such projects
shall be processed in accordance with Ordinance 293 (Land
Use Management Code) and other applicable regulations only:
(1) Small projects - Projects containing 12 or fewer resi-
dential 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 for single-family dwellings
wherein no residential lot is less than 21 acres in size.
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 pro-
vide for an addition to the City's housing stock of
not more than 400 units per year.
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 pre-
viously granted yearly dwelling unit allocation for a
project may be reduced as a result of an adjustment
to that same year's Numerical Limit.
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SECTION 5. REVIEW PROCEDURES - RESIDENTIAL DEVELOPMENT 367
A. General
In addition to the provisions of Ordinance 293 (Land
Use Management Code), the procedures set forth in this
Section shall be used in processing residential develop-
ment projects.
Preliminary Screening
Applications for residential developments not exempted
by Section 3, shall undergo preliminary screening and
point rating by the Environmental Review Board (ERB).
The ERB shall rate projects on the Specific Criteria
of the Project Rating Scale (PRS). Criteria to be
included in the Project Rating Scale are set forth in
Figure 1, following. The completed PRS, including maxi-
mum points allowed for each criterion, shall be adopted
by City Council resolution prior to March 1, 1977. The
ERB shall also recommend a point rating for a project
on the General Criteria of the PRS.
In addition to assigning a preliminary point rating,
the ERB shall carry out the preliminary review pro-
cedures set forth in Section 2.3.6-B of Ordinance 293,
C. Environmental Review
Following preliminary screening, the Environmental
Review Board shall carry out an Initial Study to deter-
mine if an environmental impact report is required for
a project. The environmental review process shall be
carried out in accordance with Article 2.2 of Ordinance
293 and the City's Environmental Review Guidelines.
D. Concept Review and Point Rating
Concept Review
Following environmental review, projects shall be
forwarded to the Planning Commission and thereafter
to the City Council for concept review. Materials
required from applicants for concept review of resi-
dential projects shall include the following:
a. Zone change application (if zone change is
required
b. Site plan
C. Architectural concepts
d. Other materials as required by the Director of
Planning
The tentative maps shall not be processed at this
review stage. Such maps shall not be accepted for
review until after point rating and unit allocations,
described in Paragraphs D2 and E, following, are
completed.
Point Rating
During concept review, the Planning Commission shall
assign point ratings to projects for which it recom-
mends approval. Ratings shall be made by means of the
criteria of the Project Rating Scale (PRS) described
in Figure 1 following. The Planning Commission rating
shall be an overall rating using both Specific and
General Criteria in the PRS. The Planning Commission
shall confirm the ERB rating on Specific Criteria and
shall confirm or modify the ERB recommended rating
on General Criteria.
FIGURE 1 - PROJECT RATING SCALE CRITERIA V 6 9
Specific Criteria
1. Proximity of nearest developed public park or other
public recreation facility (e.g. jr. high or high
school).*
2. Proximity of nearest public elementary school.*
3. Project site located in attendance areas served by
school designated as overcrowded.
4. Project requires extension of commuter or arterial
road for access.
5. Project provides dual access to development.
6. Variances requested to accommodate project.
7. General Plan Amendment required to accommodate project.
8. Consumption of land designated for Resource Conserva-
tion & Production in the General Plan (% of site area).
General Criteria
9. Landform alteration - sensitivity of grading concepts;
ridgeline preservation.
10. Provision for open space - public and private.
11, Provision of private recreation facilities.
12. Reduction of 50% or more below maximum General Plan
density.
13. Overall quality of design (innovation, architectural
quality, amenity, etc.).
14. Unusual public benefit from project.**
15. Provision of low or moderate income housing.
* Measured from nearest boundary of most distant lot (or
dwelling unit if there are no individual lots) in the project
to the nearest boundary of the park or school site.
** Examples include- correction of unsafe condition, mitigation
of existing adverse environmental or aesthetic condition,
preservation of historic structures or site, etc.
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Following concept review, the Planning Commission
shall forward the zone change request (if any),
development plans, and point rating of each project
to the City Council with a recommendation for
approval or denial. The City Council shall then
confirm or modify the point rating. The Council
shall then take action to approve the project in
concept or deny the project. Concept approval does
not constitute final approval of a project, nor does
it insure that the project will reveive yearly unit
allocations upon adoption of the Residential Allo-
cation Schedule (ref. Paragraph E2, following).
Concept approval does, however, qualify a project
to proceed to competitive evaluation and considera-
tion for unit allocations. Final approval of a
project occurs only when it has been included in a
Residential Allocation Schedule by City Council
resolution.
Allocation of Dwelling Units
General Procedure
The City Council shall carry out competitive evalu-
ation and unit allocation for residential projects
once each year. Except for the initial competitive
evaluation, this procedure shall be carried out in
February of every year. The initial meeting putting
the evaluation and allocation system into effect
shall be held when deemed appropriate by the City
Council, but in no case later than March 1, 1977.
All competitive evaluation/unit allocation meetings
shall be duly -noticed public hearings.
Competitive Evaluation and Unit Allocation
Eligibility - Projects approved in concept by
the City Council prior to the annual competi-
tive evaluation meeting (ref. Paragraph E1,
preceding) shall be eligible for competitive
evaluation and dwelling unit allocation. Prior
to City Council evaluation and allocation, the
Planning Commission shall review all projects
and forward recommendations to the Council for
allocation of dwelling units.
Ranking - After receiving recommendations from
the Planning Commission, the City Council shall,
during its annual competitive evaluation, rank
all projects eligible for evaluation in order of
their respective total point ratings (sum of
PRS Specific and General Criteria, plus bonus
points, if any).
Priority for Higher -Ranked Projects - The City
Council shall consider each applicant's desired
build -out schedule in determining dwelling unit
allocations. Higher ranked projects shall take
priority over lower ranked projects in receiving
such consideration. The City Council may grant
dwelling unit allocations to some or all eligible
projects. In no case, however, shall a project
be denied an allocation for a calendar year when
a lower -ranked project is granted an allocation
for that year or for a previous year.
d. Residential Allocation Schedule - The City Council
shall formally adopt the allocations given by
means of a three-year Residential Allocation
Schedule (RAS) (ref. example, Figure 2, following).
A
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v, F
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U U
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V.
P,
w
3 Q
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F
FIGURE 2
EXAMPLE
RESIDENTIAL ALLOCATION SCHEDULE
Building Permits Issuable for Each Project for
Each Calendar Year
Calendar Year
Project
1977
1978
1979
Tentative Tract
24
26
0
Tentative Tract
43
40
0
Tentative Tract
30
26
0
Tentative Tract
52
0
0
SUBTOTALS (OLD PROJECTS)
149
92
0
REMAINING ALLOCATIONS
(Annual Numerical Limit
Minus Subtotal)
Tentative Tract
46
60
0
Tentative Tract
52
0
0
Tentative Tract
68
85
81
SUBTOTALS (NEW PROJECTS)
166
145
81
TOTALS (OLD & 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 the
succeeding three years. For example, the RAS
adopted in February of 1978 shall cover 1979,
1980 and 1981. The RAS shall be adopted by
City Council Resolution.
RAS and Numerical Limits - The RAS shall show
running cumulative totals of dwelling units
allocated for previously -approved projects
for each year. The City Council shall insure
that allocations for new projects under con-
sideration do not result in an RAS cumulative
dwelling unit total greater than the yearly
Numerical Limit set by City Council resolution
(ref. Section 4). If a Numerical Limit set for
a given year has already been filled with unit
allocations, new allocations may be made only
for succeeding years whose Limits have not
been filled.
F. Tentative Maps, Final Maps, and Building Permits
No tentative map shall be accepted for any residential
project not exempted by Section 3 until the Residential
Allocation Schedule allocating units for said project
has been adopted by the City Council. Following concept
review and adoption of the RAS, a tentative map may be
submitted for a project included in the RAS. Such tenta-
tive maps shall then be processed by the Planning Com-
mission and the City Council in accordance with Ordinance
293 (Land Use Management Code).
Inclusion of a project in the RAS does not constitute
approval of the tentative map. The City may deny such a
tentative map if it determines that said map is: (1) not
consistent with development plans and concepts approved
during concept review (ref. Paragraph D1, preceding);
or, (2) does not meet the requirements of State law,
Ordinance 293, or the City's General Plan.
I£ a tentative map is approved, final maps and building
permits shall be processed in accordance with Ordinance
293 and other applicable regulations.
Adjustment of Residential Allocation Schedule
The City Council may make adjustments to the Residential
Allocation Schedule, after adoption per Paragraph E, pre-
ceding, if it determines that such adjustments are neces-
sary to serve the purpose of this Ordinance set forth in
Section 1. Consideration of adjustment to the RAS shall
be done at a duly -noticed public hearing and may include
developer requests for modification of permit allocations,
unused allocations (dwelling unit permits allocated but
not issued), and other factors bearing on the objectives
of the Growth Management Program as set forth in Section
1. After receiving testimony and considering all other
relevant information, the City Council may make any
necessary adjustment to the RAS. However, no RAS adjust-
ment shall be made which has the effect of reducing or
eliminating any allocation previously granted to a
project under the provisions of this Ordinance without
the consent of the project sponsor.
SECTION 6. ADMINISTRATION
Issuance of Building Permits
Except as otherwise provided in this Section, no build-
ing permits shall be issued for a residential dwelling
unit during 1977 or any subsequent calendar year unless:
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377
(1) It is within a project exempted by Section 3;
(2) It is provided for in Paragraph B, following; or
(3) It is provided for in a Residential Allocation
Schedule adopted by City Council resolution pursuant
to Subsection 5E, preceding.
Allocation of Permits to Projects Already Under
Construction
In order to achieve an orderly initiation of the pro-
visions of this Ordinance, the following schedule shall
apply to projects already under construction on the date
of adoption of this Ordinance:
1976 1977 1978
Tentative Tract 7616
(Westport - Mariner Village) 42 28 62
Tentative Tract 8087
(Meredith Canyon) 30 0 0
Tentative Tract 9034
(Glendale Federal - San
Juan Hills) 0 90 51
The numbers in the columns refer to the number of dwel-
ling units for which building permits may be issued
during each calendar year.
Adoption of Initial Residential Allocation Schedule
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.
(2) The following projects recently approved or cur-
rently in process by the City, provided final
approval of required tentative maps or site plans
has been given prior to January 31, 1977:
Tentative Tract 7673 (Maurer -Newcomb)
Tentative Tract 8485 (Maurer-Caward)
Tentative Tract 9382 (Maurer -Jordan)
Tentative Tract 7654 (Patrick)
Tentative Tract 9373 (Patrick)
Tentative Tract 9204 (Tierra del Caballo)
Tentative Tract 9578 (Mogan)
Woolsey-Alipaz (apartments)
The above projects have been or are currently being
processed under the existing development review
procedures of Ordinance 293. Therefore, such pro-
jects may be given allocations without the project
rating and competitive evaluation procedure set
forth in Section 5.
Other Residential Projects Presented for Approval
All residential projects not exempted by Section 3 and
not speficied in Paragraphs B and C, preceding, which
have been presented in 1976 for City consideration
shall be processed beginning in 1977 in accordance
with the provisions of this Ordinance.
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E. Extensions of Time for Tentative Tracts
TheCity shall approve all requests for tentative
tract time extensions if it determines that such
extensions are necessary to implement allocations
previously granted to such tracts in an adopted RAS.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect and be in force 30 days after
its passage.
PASSED, APPROVED, AND ADOPTED, this 15th day of December ,
1976, by the following vote, to wit:
AYES: Councilmen Heckscher, Friess and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT:None
-DOUGLAS ASH, MAYOR
ATTEST:
ITY CLE - )
STATE O� 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. 314 adopted by the City
Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 15th day of December , 1976.
(SEAL) MA
RY ANN R, C TY CLERK
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