05-0719_WHISPERING HILLS, LLC_ORD NO. 906 • i
ORDINANCE NO. 906
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
APPROVING A DEVELOPMENT AGREEMENT FOR THE WHISPERING
HILLS ESTATES PROJECT (WHISPERING HILLS LLC)
The City Council of the City of San Juan Capistrano hereby ordains as follows:
SECTION 1. Recitals and Findings
1. Whispering Hills LLC has requested approval of a Development Agreement, entitled
"Development Agreement for Whispering Hills Estates By and Between the City of
San Juan Capistrano and Whispering Hills, LLC"; and,
2. On May 21, 2002, the City Council of the City adopted Resolution No. 02-05-21-07,
certifying a Final Environmental Impact Report ("EIR") for a similar but more
intensive development project covering the property which is the subject of the
Development Agreement ("Agreement"} identified herein; and,
3. Subsequently, on July 20, 2004, the City Council adopted Resolution No.
04-07-20-01 certifying an Addendum to the EIR ("Addendum") and approving
- Vesting Tentative Tract Map 16634 ("VTTM 16634") for a subdivision with 155
single-family residential lots plus open space lots; and,
4. On July 20, 2004, the City Council also approved first reading and introduction of an
ordinance approving Comprehensive Development Plan 04-01 ("CDP 04-01"), which
was subsequently approved by a second reading and adoption of Ordinance No.
896 on August 3, 2004, for the Whispering Hills Estates project; and,
5. On December 7, 2004, the City Council adopted Resolution No. 04-12-07-03
approving General Plan Amendment (GPA 04-01) and also approved first reading
and introduction of an ordinance pre-zoning 34 acres of unincorporated territory
located on the West Side of La Pata Avenue, approximately one mile south of
Ortega Highway for a portion of Whispering Hills Estates (RZ 04-05), which
pre-zoning was approved by second reading and adoption of Ordinance No. 899 on
January1, 2005; and,
6. The City Council finds that, per Section 15153 of the California Environmental
Quality Act (CEQA) Guidelines, the potential environmental impacts of the project
have been previously addressed in the EIR and Addendum, that the project does
not meet the CEQA Guidelines criteria requiring preparation of a subsequent EIR
per Sec. 15162(a), that all potentially significant effects of the Whispering Hills
project have been adequately analyzed and potentially significant impacts have
been avoided or mitigated pursuant to the previously certified EIR and Addendum,
and that no new environmental impact report is required; and,
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7. City and Owner desire to enter into this Development Agreement to further confirm
their rights and obligations to each other regarding the EIR, the Addendum, CDP
04-01, TTM 16634, GPA-04-01, RZ04-05 and other land use entitlements; and,
8. The Planning Commission conducted a duly-noticed public hearing on May 24 and
June 14, 2005 pursuant to the provisions of Section 9-2 335 of Title 9 (Land Use
Code), Administrative Policy 409, and Planning Department Policy 510 to consider
public testimony on the proposed Agreement, and then forwarded the Agreement to
the City Council with a recommendation of approval; and,
9. Pursuant to Government Code section 65867.5, the City Council hereby finds that
the provisions of this development agreement are consistent with the City's General
Plan; and
10. The City Council finds it appropriate to establish a development agreement because
the Agreement will generate approximately $1,126,000 in funds for the City, which
can be used for community-wide facilities and infrastructure.
SECTION 2. Approval and Adoption of Development Agreement
Pursuant to Government Code sections 65864 et seq., the City Council does hereby
approve and adopt the 'Development Agreement for Whispering Hills Estates By and _
Between the City of San Juan Capistrano and Whispering Hills, LLC", which is attached
as Exhibit A and incorporated herein by reference. The Mayor is hereby authorized to
execute said agreement on behalf of the City of San Juan Capistrano.
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.
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PASSED, APPROVED AND ADOPTED this 19"' day of July 2005.
YAT IART, MA R
ATTEST: � /
MA A T R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing is a true and correct copy of Ordinance No. 906
which was regularly introduced and placed upon its first reading at the Regular Meeting
of the City Council on the 5d' day of July 2005 and that thereafter, said Ordinance was
duly adopted and passed at the Regular Meeting of the City Council on the 19"' day of
July 2005 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin, and Mayor Hart
NOES COUNCIL MEMBERS: None
ABSENT: COUNCI Ep+l$ERS: one
ci
M RGA
RET R. MONAHAN, City Clerk
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