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.
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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
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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