Resolution Number 97-11-4-1161
RESOLUTION NO. 97-11-4-1
' 1 J_1\ _ M1 _ 114711 WN lVirp4m DIN _11 atww
1 I 1
IMETITNIZ111MI
1'A •► 1 I► 11 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING ISSUANCE OF A NEGATIVE
DECLARATION AND EXEMPTION FROM THE DEPARTMENT OF FISH AND
GAME FEES PURSUANT TO SECTION 7.11.4(d) OF THE CALIFORNIA FISH
AND GAME CODE AND DELETING THE 3.0 NEIGHBORHOOD
CONVENIENCE CENTER DESIGNATION AT ORTEGA HIGHWAY AND
AVENIDA SIEGA FROM THE GENERAL PLAN COMPOSITE MAP AND THE
LAND USE ELEMENT TEXT
WHEREAS, on July 15, 1997, the City Council initiated consideration of a General
Plan amendment to delete the 3.0 Neighborhood Convenience Center designation at Ortega Highway
and Avenida Siega from the General Plan composite map and the Land Use Element text; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Municipal Code; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15060 of the California Environmental Quality Act (CEQA, 1970) and has issued a negative
declaration and caused a Notice of Negative Declaration to be posted pursuant to the City's
Environmental Review Guidelines; and,
WHEREAS, the Environmental Administrator has determined that the project is
exempt from the Department of Fish and Game fees pursuant to Section 7.11.4(d) of the California
Fish and Game Code; and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing on
October 14, 1997, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony
on the proposed project and recommended deletion of the 3.0 Neighborhood Convenience Center
designation from the General Plan composite map at Ortega Highway and Avenida Siega and from
the Land Use Element text.
NOW, THEREFORE, BE TT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
The proposed project could not result in potentially significant environmental
impacts; and,
2. The proposed project is consistent with the policies and objectives of the San
Juan Capistrano General Plan. Specifically, Capistrano Collections, Capistrano Business Center,
-1-
162
Ortega Business Center, Plaza de las Golondrinas, and Marbella Plaza: (1) are located east of the i-5
Freeway; (2) offer the complete range of uses identified in the General Plan for a neighborhood —
convenience center; and, (3) satisfy the original intent of the General Plan 3.0 designation in the
vicinity of Ortega Highway and Avenida Siega by providing several neighborhood convenience
centers to serve the area's population east of the I-5 Freeway.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby :
1. Confirm the Environmental Administrator's determination that the project
qualifies for issuance of a Negative Declaration and that the project is exempt from Department of
Fish and Game fees pursuant to Section 7.11.4(d)of the California Fish and Game Code; and,
2. Delete the 3.0 Neighborhood Convenience Center designation at Ortega
Highway and Avenida Siega from the General Plan composite map and delete a portion of the
General Plan text from page 17 of the Land Use Element as follows:
"The designation of neighborhood commercial is defined as a commercial center to
serve a population of 5,000 - 10,000 people. The range of uses included in such a facility
would include a food market, small hardware or equivalent store, branch bank, personal
services such as barber, dentist, etc. Uses which would serve a regional market such as
department stores, recreational uses (bowling alleys), financial centers, etc., are not
harmonious with the neighborhood convenience center. The neighborhood convenience
center has been allocated a land area of approximately 4 to approximately 8 acres. The
PASSED, APPROVED, AND ADOPTED this 4th day of
November , 1997.
ATTEST:
PJ ir
CITY CLE
DAVID M4SR�DLIN, MAYOR
-2-
163
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.
97-11-4-1 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 4th day of November 1997, by the
following vote:
AYES: Council Members Jones, Greiner, Campbell
and Mayor Swerdlin
NOES: None
ABSTAIN: Council Member Hart
ABSENT: None
(SEAL)
CHERYL JQPNON, CITY CLERK
-3-