Resolution Number 98-4-21-1029
RESOLUTION NO. 98-4-21-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT
TO THE LAND USE ELEMENT FOR INCLUSION OF A DIAGRAM THAT
SETS FORTH THE MAXIMUM DENSITY AND INTENSITY OF
DEVELOPMENT FOR ALL LAND USE CATEGORIES, TEXT DESCRIBING
SAID LAND USE CATEGORIES AND UPDATE OF STATISTICAL AND TEXT
LANGUAGE TO REFLECT PRESENT CONDITIONS
WHEREAS, Government Code Section 65302(a) states that the ... "land use
element shall include a statement of population density and building intensity recommended for the
various districts and other areas covered by the plan;" and,
WHEREAS, at the time of the original adoption of the land use element of the
General Plan in December of 1974, it was common practice to designate non-residential intensity of
development by the amount of acreage that had been set aside for each category; and,
WHEREAS, the California Supreme Court in Twain Harte Homeowners Association
v. County of Tuolumne, 138 Cal App. 3d 644, 696-97, stated that "The land use element must include
standards of population density (measured as the number of people) and building intensity (using
measures such as site coverage, floor -to -area ratio, building type, and size, or units per acre);" and,
WHEREAS, the land use element fully describes residential population and density
in both chart and text language, the remaining land use categories were only identified by total
acreage and not the intensity or building coverage that would be anticipated from each land use.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby initiate General Plan Amendment 98-1, Item B, based upon the above
findings, and does hereby determine that the Land Use Element shall be amended to consider
inclusion of a chart/diagram that sets forth land use density and/or intensity of development for each
land use included on the General Plan Composite Map. Said amendment process should also include
amended language to describe each land use category and maximum density/intensity of development
set for said categories. In addition, the amendment process should also update the text of the land
use element to reflect the existing development patterns that have resulted from the implementation
of the General Plan since its adoption. The Land Use Element includes cautionary language that is
to be followed when considering an amendment to the General Plan. This cautionary language is as
follows:
'As a process, the simplified step-by-step procedure listed in Table One did not involve a
discrete .series of steps, rather a continuous feedback and review procedure among each
030
step as additional new information, issues and objectives were identified. This same basic
procedure should be followed in reviewing the Land Use Element and any prospective
change in the future. Possible modifications by way of new information or circumstances
should be developed through this same process in order to make direct comparisons.
The Land Use Element represents a desirable pattern and direction for the ultimate future
development of San Juan Capistrano as determined at this point in time. As new
information becomes available or circumstances change, the Land Use Element may be
revised through the amendment process Thus the Land Use Element is not a final picture
of the City; it is an expression of what is desired for the future, based on today's knowledge
and circumstances, and is part of a continuous planning process requiring continued
research, policy review, and revisions. Revisions to the Element must be made only after
thorough study indicates the desirability of a revision, and where such revisions have been
developed within the procedural framework established for the Element. " Page 7, Land
Use Element
PASSED, APPROVED, AND .'_DOPTED this 21st day of
April 1998.
GIL JONES, MAYOR
ATTEST:
CITY CLE
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031
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
98-4-21-1 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 21st day of April 1998, by the
following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL J01k,4SQN, CITY CLERK
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