Resolution Number 18-06-19-03RESOLUTION NO. 18-06-19-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING A STUDY TO INCLUDE THE
POTENTIAL REPEAL OF THE HISTORIC TOWN CENTER MASTER PLAN, AND
INITIATING A GENERAL PLAN AMENDMENT STUDY TO INCLUDE REMOVAL
OF REFERENCES TO THE HISTORIC TOWN CENTER MASTER PLAN FROM
THE GENERAL PLAN
WHEREAS, Municipal Code, Title 9, Chapter 2, Article 3 requires that the
City Council initiate consideration of all General Plan Amendments and Land Use
Code text amendments by the approval of a resolution to initiate an amendment
study; and
WHEREAS, on February 9, 2016, the Planning Commission recommended
that the City Council initiate a General Plan Amendment and a Land Use Code
Amendment to correct various inconsistencies between the Historic Town Center
Master Plan, Historic Town Center Form Based Code and General Plan identified
by a Planning Commission Ad-hoc committee, except for issues related to the
Esslinger Building and Judge Egan House; and
WHEREAS, on March 6, 2018, the City Council initiated General Plan and
Land Use Code amendments to address inconsistencies between the Historic
Town Center Master Plan and the City's General Plan, and the repeal of the
Historic Town Center Master Plan; and
WHEREAS, two recent trial court decisions, related to the Historic Town
Center Master Plan and its relation to the City's General Plan, are directly
inconsistent with one another; and
WHEREAS, in order to provide clarity and certainty in the development
application process, such inconsistencies should be clarified; and
WHEREAS, the City Council further initiates a study for the potential repeal
of the Historic Town Center Master Plan and initiates a General Plan Amendment
study for the removal of references in the General Plan to the Historic Town Center
Master Plan.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines that the proposed
initiation of a General Plan Amendment Study to remove reference of the Historic
Town Center Master Plan from the General Plan and Land Use Code Amendment
Study is statutorily exempt from the requirements of the California Environmental
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Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 because this is
a planning study and not a commitment to adopt a General Plan Amendment.
Section 2. The City Council hereby:
(1) initiates a study of Title 9, Chapter 2, Article 3 for the potential repeal
of the Historic Town Center Master Plan; and
(2) initiates a General Plan Amendment study for the removal of
references in the General Plan to the Historic Town Center Master Plan; and
(3) refers the foregoing amendment studies to City staff for analysis and
to the Planning Commission for a recommendation.
PASSED, APPROVED AND ADOPTED this 19th day of June 2018.
i
SERGIO FARIAS, MAYOR
ATTEST:
MARIA M RR , CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
COUNTY OF SAN JUAN CAPISTRANO)
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 18-06-19-03 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
19th day of June 2018, by the following vote:
AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBERS: Patterson
ABSENT: COUNCIL MEMBERS: None
`RIA MO RI , CITY CLERK
6/19/2018