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99-1116_NEELY, JERRY W. & NANCY C._I1_Agenda ReportAGENDA ITEM November 16, 1999 TO: George Scarborough, City Manager FROM: Cheryl Johnson, City Clerk SUBJECT: Adoption of Ordinance Approving Development Agreement Neely Family Trust) (Adoption) RECOMMENDATION: Following reading of the title, by motion adopt the Ordinance. SITUATION: The following Ordinance was introduced at the City Council meeting of November 2, 1999, and is scheduled for adoption on November 16, 1999: ORDINANCE NO. 842, APPROVING DEVELOPMENT AGREEMENT NEELY FAMILY TRUST) -AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH THE NEELY FAMILY TRUST FOR REAL PROPERTY LOCATED ON "MCCRACKEN HILL" AND MORE PARTICULARLY REFERRED TO AS ASSESSOR'S PARCEL NUMBERS 675-331-18, -19, AND -20 AND 675-341-6 AND -7 Copies of the Ordinance are on file in the City Clerk's Department. COMMISSION/BOARD REVIEW, RECOMMENDATION: Not applicable. FINANCIAL CONSIDERATIONS: None by this action. NOTIFICATION: The Ordinance will be published in summary in the Capistrano Valley News. FOR CITY COUNCIL AGES" 9- rl ORDINANCE NO. 842 APPROVING DEVELOPMENT AGREEMENT (NEELY FAMILY TRUST) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH THE NEELY FAMILY TRUST FOR REAL PROPERTY LOCATED ON "MCCRACKEN HILL" AND MORE PARTICULARLY REFERRED TO AS ASSESSOR'S PARCEL NUMBERS 675-331-18, -19, AND -20 AND 675-341-6 AND -7 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. WHEREAS, the City of San Juan Capistrano and the Neely Family Trust have requested approval of a Development Agreement pursuant to Government Code Sections 65864, et seq., to allow the design and processing of future development applications to be based upon the existing zoning and development standards in effect at the time of this Development Agreement on property located on McCracken Hill on Assessor's Parcel Nos. 675-331-18,-19 and -20, and 675-341-6 and -7, which said property is designated on the City's General Plan as General Open Space, Very Low Density Residential and Low Density Residential and classified as ES (Small Estate) on the Official Zoning Map; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to the California Environmental Quality Act and has determined that the approval of the Development Agreement will not result in a significant impact on the environment and accordingly has issued a Negative Declaration and carried out all other applicable provisions of the California Environmental Quality Act; and, WHEREAS, the Ordinance is consistent with the goals, policies and objectives of the San Juan Capistrano General Plan; and, WHEREAS, the Planning Commission conducted a duly -noticed public hearing on October 12, 1999, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed Development Agreement and took an action to forward 3 recommendation of approval of the City Council; and, WHEREAS, the City Council conducted a duly -noticed public hearing on November 2, 1999, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed Development Agreement. SECTION 2. Approval. Based upon the findings set forth in Section 1, preceding, the City Council does hereby take the following actions: The City Council certifies the issuance of a Negative Declaration. 0 0 2. The City Council approves a Development Agreement between the City of San Juan Capistrano and the Neely Family Trust as more precisely set forth in Exhibit "A", on file in the Office of the City Clerk. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 16th day of November 1998 J""IN GREINER, MAYO ATTEST: CITY 2- 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, 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. 842 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on November 2, 1999, and adopted at a meeting held on November 16, 1999, by the following vote: AYES: Council Members Jones, Swerdlin and Mayor Greiner NOES: None ABSTAIN: Council Member Campbell ABSENT: Council Member Hart SEAL) CHERYL JOHNSON, CITY CLERK