Resolution Number 96-2-6-57
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RESOLUTION NO. 96-2-6-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF A
GENERAL PLAN AMENDMENT REGARDING THE NESS PROPERTY AT
32926 VALLE ROAD (ELKINS/YATES STUDY AREA)
WHEREAS, Robert D. Mickelson has requested, on behalf of the Ness Estate, that
the City Council initiate consideration of a General Plan Amendment for property located at 32926
Valle Road; and,
WHEREAS, the Ness property is presently designated "SS" (Special Study Area) by
the General Plan Land Use Element; and,
WHEREAS, Robert D. Mickelson has requested that the City Council initiate
consideration of a General Plan Amendment to allow the development of a "mini -warehouse storage"
facility and, as justification for initiating a General Plan Amendment, cites consistency with the
General Plan designations established for the Elkins -Yates Study Area; clustering of commercial
development, compatibility as a transitional use between commercial and residential areas, and
development of the area with automobile dealership uses (Yates Volkswagen and San Juan Lincoln-
Mercury); and,
WHEREAS, Section 9-2.102 of the Municipal Code grants the City Council sole
authority and discretion to initiate General Plan Amendments; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15070 of the California Environmental Quality Act and determined that the project is
statutorily exempt from the provisions of the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The circumstances of the property have changed so as to warrant consideration
of possible amendments to the General Plan.
2. The General Plan Amendment process represents the most appropriate process
for evaluating the land use policy issues related to use and development of the property.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby direct staff to begin preparation of a General Plan Amendment analysis and
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recommendations with respect to the Ness property located at 32926 Valle Road, noting that
initiation of this Amendment shall not be construed as future approval; it merely creates the
opportunity for the issues to be fully discussed.
PASSED, APPROVED, AND ADOPTED this 6th day of February, 1996.
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WYATT/ftART, MAYOR
ATTEST:
CITY CLERK.
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. 96-2-6-5,
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting
thereof held on the 6th day of February, 1996, by the following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHN N, 61TY CLERK
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