Ordinance Number 612ORDINANCE NO. 612
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING ADMINISTRATIVE PROCEDURES
FOR THE REVIEW OF DEVELOPMENT PERMITS SUBMITTED TO
THE COUNTY OF ORANGE PRIOR TO ANNEXATION TO THE CITY
OF SAN JUAN CAPISTRANO PENDING THE INITIATION AND
COMPLETION OF A ZONING STUDY PURSUANT TO
GOVERNMENT CODE SECTION 65858 (URGENCY)
99
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Intent
A. The City Council finds that there are no specific administrative
procedures for clarifying the process under which development permit
applications that have been submitted for review by the County prior to
the area being annexed by the City when conflicting governmental
regulations exist between the jurisdictions.
B. The lack of such administrative procedures creates an immediate threat
to the public health and safety in that a lack of clarifying the specific
code requirements for lands to be annexed would create substantial
confusion and distrust of the public thereby threatening the public health
and safety.
C. Due to the lack of such administrative procedures, the City's Department
of Community Planning and Development recommends that a zoning
study be undertaken to provide for the above -stated procedures with
regard to permanent regulations for the processing of development
permits in areas annexed to the City.
SECTION 2. Administrative Procedures
A. The following administrative procedures shall apply to the area known as
"Westside Annexation No. 2" for development permit applications that
have been filed with the County of Orange prior to the effective date of
annexation.
The City will approve all development permit applications that
have been submitted to the County of Orange for building plan
check prior to recordation of the "Westside Annexation No. 2". In
order to qualify for this approval, each permit application must
meet the following criteria on the effective date of the annexation:
a. A complete set of building plans have been submitted to the
County, along with payment of applicable plan check fees.
b. The County has completed a preliminary review of the
building plans and prepared a comprehensive list of plan
corrections needed for compliance with all County codes.
-1-
1 00 C. The building plans have been reviewed and approved by the
applicable "homeowners' association".
d. Grading of the property has been completed and building pad
certified for building permit issuance.
If the above eligibility criteria is satisfied, the City's Development
Services Division is directed to issue permits after (1) all necessary
corrections required by the comprehensive County correction list
have been made to the satisfaction of the City Building Official;
and (2) the payment of any outstanding fees not collected by the
County of Orange.
2. In situations where building permits have already been issued on the
effective date of the annexation, the City will assume inspection
services with no additional charge for inspections. All work will be
inspected in accordance with the permit plans issued by the County
of Orange.
SECTION 3. Term and Effective Date of Interim Ordinance.
This interim Ordinance enacted pursuant to Government Code Section 65858
shall be of no further force and effect 45 days from the date of its adoption, unless
extended. This Ordinance shall take effect and be in force immediately.
This Urgency Ordinance is enacted to protect the public safety, health, and
welfare by clarifying which zoning laws should control development in areas the subject
of annexation to the City. There is a current and immediate threat to public health and
safety in that lack of clarifying code requirements for lands to be annexed would create
substantial confusion and distrust of the public, thereby threatening the public health and
safety.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 1st day of December, 1987.
ANTHONY L. C
AND, MAYOR
ATTEST:
471A MM
jI 21VA
MA
101
STATE -OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN C"ISTRANO )
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. 612 which was adopted at a meeting of the City Council of the City of
San Juan Capistrano held on December 1 , 1987, by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer, and
Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
(SEAL) �� � A24t4
MARY ANN HKNOVER, CITY CLERK
-3-