Resolution Number 03-01-21-06RESOLUTION NO, 03-01-21-0 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE GRANTING OF A
CONSERVATION EASEMENT ON CITY OWNED OPEN SPACE TO THE
CAPISTRANO UNIFIED SCHOOL DISTRICT
WHEREAS, the Capistrano Unified School District in constructing San Juan Hills
High School has received a permit from the Army Corps of Engineers that requires as
part of their habitat mitigation plan to preserve a wetland and riparian habitat area on
City owned open space located from the southern terminus of Camino Lacouague to
their site property; and,
WHEREAS, as a condition of this permit, the Capistrano Unified School District is
ensure the preservation of this area by the acquisition of a conservation easement that
will maintain this area as preserved open space habitat for perpetuity; and,
WHEREAS, the area to be covered by this conservation easement is owned in
fee title by the City of San Juan Capistrano and the Capistrano Unified School District
has requested that the City convey said easement to the District in order to satisfy the
provisions of the Army Corps of Engineers permit; and,
WHEREAS, the City had prepared and certified a Final Environmental Impact
Report for the proposed high school and related residential development on the
Whispering Hills property on which the proposed high school is to be located, and no
legal challenge to its contents was filed in accordance with the time frames so stipulated
by the California Environmental Quality Act; and,
WHEREAS, the Capistrano Unified School District has adopted the certified Final
Environmental Impact Report as prepared for the Whispering Hills project and has
assumed the role of 'lead agency" and has adopted the mitigation measures set forth in
the certified document including Mitigation Measure 4.6-1 which requires mitigation of
the subject area and establishment of a conservation easement for the maintenance of
the site as habitat preservation area; and,
WHEREAS, in response to the request from the Capistrano Unified School
District, the City Council did consider the request at their regular meeting of January 21,
2003.
that:
NOW, THEREFORE, BE IT RESOLVED, the City Council finds and determines
01-21-03
1. The granting of the conservation easement will enhance an existing habitat area
consistent with the goals and policies of the Conservation and Open Space
Element of the City's General Plan; and,
2. The granting of the conservation easement will be consistent with Mitigation
Measure 4.6-1 of the certified Final Environmental Impact Report prepared for
Whispering Hills and adopted by the Capistrano Unified School District; and,
3. The granting of the conservation easement in conjunction with the acquisition of
access easement to La Pata Avenue and the placement of this easement will
preclude future use of an existing public right-of-way easement over the area that
is currently the legal access to the Whispering Hills property. Conveyance of the
conservation easement will prevent any development that could occur in the east
canyon of the Whispering Hills remaining property from using Camino Lacouague
as daily access to the site (except for the emergency access road included as
part of the easement); and,
4. If the conservation easement was not approved, the Capistrano Unified School
District would be required to acquire another off-site mitigation parcel to comply
with the provisions of the Army Corps of Engineer permit and thus depriving the
community of an enhanced and preserved habitat preservation site; and,
5. The granting of the conservation easement to the Capistrano Unified School
District will require maintenance in accordance with the permit provisions to be at
the cost of the District.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano does hereby authorize the granting of a conservation
easement to the Capistrano Unified School District subject to the following conditions:
1. That the District and City agree upon the location of an equestrian trail to connect
the eastern portion of the City's open space parcel to the General Plan trail
system located to the west of the conservation easement. Said trail alignment to
approved and any necessary easements granted prior to or concurrent with the
execution of the Conservation easement.
2. The Mayor is authorized to execute the formal conservation easement
documents upon their preparation and acceptance as to form by the City
Attorney and the Army Corps of Engineers and compliance with Condition 1,
above.
2 01-21-03
PASSED, APPROVED, AND ADOPTED this 21St day of January 2003.
.'JOHN S. GSLIPP, MAYOR
ATTEST: //�� II
"'9 -,
AR ARET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 03-01-21-06 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 21 St day
of January 2003, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Hart and Swerdlin
Mayor Gelff
Bathgate and Mayor pro tem Soto
R. MONAHAN, City Clerk
01-21-03