Ordinance Number 648ORDINANCE NO. 648
PROHIBITING CONSTRUCTION ON DESIGNATED RIDGELINES (URGENCY)
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, PURSUANT TO GOVERNMENT CODE
SECTION 65858 PROHIBITING ANY CONSTRUCTION ACTIVITY ON
RIDGELINES DESIGNATED FOR PRESERVATION BY THE CITY'S
GENERAL PLAN
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Ridgeline Preservation Urgency Ordinance Restrictions.
Pursuant to Government Code Section 65858, no person shall undertake any
construction activity on those ridgelines designated by the City's General Plan. More
specifically, there shall be no grading and there shall be no construction activity within
200 feet (horizontal) of a General Plan designated ridgeline. The protected ridgelines in
question are set forth on the General Plan Map.
This Urgency Ordinance regulation is enacted for that period of time during
which the City shall conduct a zoning study to consider appropriate permanent hillside
development and grading regulations in ridgeline areas of the City. This Urgency
Ordinance regulation is required to protect the public safety, health and welfare in that
the major policy goals of the City's General Plan set forth in the Open Space and
Conservation Element of the General Plan calling for ridgeline preservation could be
frustrated by existing zoning regulations which lack clarity and specificity as to specific
development and grading standards in major ridgeline areas of the City.
Further, there is a current and immediate threat to the public health, safety
and welfare in that developers may propose development proposals in significant
ridgeline areas of the City which could defeat the purposes of the stated goals of the
Open Space and Conservation Element of the City's General Plan, and on that basis,
current interim restrictions on development and grading in major ridgeline areas in more
specificity is required at this time.
SECTION 2. Previously -Approved Projects Exempted.
Any development proposal calling for the construction of a structure in a
ridgeline area having already received approval under the procedure set forth in
Municipal Code Section 9-3.505 prior to the enactment of this Urgency Ordinance shall
be exempted from the provisions of this Ordinance.
SECTION 3. Waivers.
Any aggrieved property owner may petition the City Council for a public
hearing for relief from this Urgency Ordinance.
SECTION 4. Duration of Interim Ordinance and Effective Date.
This Urgency Ordinance shall take effect immediately pursuant to Government
Code Section 65858 and shall be in full force and effect for a period of 45 days from date
of adoption.
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SECTION 5. 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 18th day of July ,
1989.
GAR L. HAUSDORFER, MAY
ATTEST:
Gfiiiiity � -
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. 648 which was adopted at a meeting of the City Council of the City
of San Juan Capistrano, California, held on July 18 , 1989, by the following
vote:
AYES: Councilmen Friess, Buchheim, Bland and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
(SEAL)
MARY A V VER, CITY CLERK
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