Resolution Number 04-12-07-03RESOLUTION NO. 04-12-07-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A GENERAL PLAN
AMENDMENT FOR UNINCORPORATED TERRITORY LOCATED ON
THE WEST SIDE OF LA PATA AVENUE APPROXIMATELY ONE MILE
SOUTH OF ORTEGA HIGHWAY (WHISPERING HILLS ESTATES — GPA
04-01)
WHEREAS, in July of 2004, the San Juan Capistrano City Council approved the
Whispering Hills Estates project, including a Planned Community Comprehensive
Development Plan and Vesting Tentative Tract Map 16634, a subdivision with 155
single family residential lots plus open space lots, and
WHEREAS, one of the conditions of approval of the preceding tentative tract
map requires annexation of the 32 -acre± strip of land between the present City
boundary and La Pata Avenue (Assessor Parcel No. 125-172-02), and,
WHEREAS, accordingly, Whispering Hills LLC, 19700 Fairchild Road, Suite 120,
Irvine, CA 92612, has filed an application with the City of San Juan Capistrano to add
the preceding strip of land to the City's General Plan as "PC" (Planned Community)
prior to annexation, this application having been designated General Plan Amendment
(GPA) 04-01, and
WHEREAS, on September 28, 2004, the Planning Commission held a duly -
noticed public hearing on the preceding application and recommended approval, and
WHEREAS, the City staff and the City's consulting project manager have
prepared a detailed staff report on the application to the City Council, and
WHEREAS, on December 7, 2004, the City Council held a public hearing and
considered the proposed GPA and associated prezoning application, the
recommendation of the Planning Commission, and the evidence and arguments
submitted by the City staff, the developer, and all interested parties. A notice of time,
place and purpose of the public hearing was duly given and testimony was presented to
and considered by the City Council at the public hearing, and
WHEREAS, on May 21, 2002, the City Council certified a Final Environmental
Impact Report (FEIR) for the previous more intensive residential project and certified an
EIR Addendum on July 20, 2004 to update the earlier FEIR. The scope of the FEIR and
Addendum includes the present GPA, prezoning and annexation.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of San
Juan Capistrano hereby finds as follows regarding GPA 04-01:
SECTION 1: Findings Regarding Environmental Review.
The City Council hereby finds that none of the conditions identified in CEQA
Guidelines Section 15162(a) requiring preparation of a subsequent EIR have
occurred, that all potentially significant effects of the Whispering Hills project and
the present GPA, prezoning and annexation have been adequately analyzed,
and that potentially significant impacts have been avoided or mitigated pursuant
to the earlier certified EIR. Therefore, no new environmental documentation is
required.
SECTION 2: Findings Regarding General Plan Amendment.
The City Council hereby finds that the 'Planned Community" General Plan
designation should be applied to the annexation area in that it reflects its
intended use as designated in the approved Comprehensive Development Plan
for the property. In addition, the proposed designation is consistent with the
following General Plan Goals:
• Land Use Goal 2: "Control and direct growth so that community character is
preserved." (LUE p. 9)
• Land Use Goal 4: 'Preserve major areas of open space and natural
features." (LUE p. 10)
• Conservation & Open Space Goal 4: "Prevent incompatible development in
areas which should be preserved for scenic, historic, conservation, or public
safety purposes." (COSE p. 9)
BE IT FURTHER RESOLVED that the City Council of the City of San Juan
Capistrano, based on the preceding findings, does hereby approve GPA 04-01, as
shown on Exhibit A, attached hereto.
PASSED, APPROVED AND ADOPTED this 7th day of December, 2004
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MAYOR'
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R. MONAHAN, CITY
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EXHIBIT A: WHISPERING HILLS GPA 04-01
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. 04-12-07-03 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 7th day of
December 2004, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin & Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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MONAHAN, City Clerk