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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 1 6/19/2018 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