Resolution Number 92-6-2-6V �s
RESOLUTION NO. 92 - 6 - 2 - 6
TENTATIVE CANCELLATION OF WILLIAMSON ACT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING TENTATIVE
CANCELLATION OF WILLIAMSON ACT CONTRACT FOR
ASSESSOR'S PARCEL NO. 650-151-12, 31501 AVENIDA LOS
CERRITOS (JAROLD COLE)
WHEREAS, the subject property is currently under an Agriculture Preservation
Contract executed by Mr. Jarold Cole, hereinafter referred to as "Owner" and the City
of San Juan Capistrano by Resolution No. 78-2-1-6, pursuant to the provisions of the
California Land Conservation Act of 1965 (Williamson Act) as amended; and,
WHEREAS, the owner of said property, Mr. Jarold Cole, has submitted a
petition for cancellation of the Williamson Act Contract pursuant to the provisions of
Section 51282.1 of the California Government Code; and,
WHEREAS, the City's Environmental Review Board issued a mitigated negative
declaration in accordance with the provisions of the California Environmental Quality
Act; and,
WHEREAS, a public hearing relating to the cancellation of the aforementioned
Agriculture Preservation Contract was duly advertised and held on April 21, 1992; and,
WHEREAS, the City Council, at its meeting of May 5, 1992, requested
additional information regarding the access and circulation issue; and,
WHEREAS, the City Council, at its meeting of June 2, 1992, introduced
Ordinance No. 705 , approving Rezone 89-1 for Assessor's Parcel No. 650-151-12
from AG (General Agriculture) to IP (Public and Institutional) subject to installing legal
and adequate access and circulation; and,
WHEREAS, upon consideration of the testimony of all witnesses and other
evidence, the City Council has found and determined that said tentative cancellation is
consistent with the purposes of Government Code Section 51282 (aX0 in that:
(a) Cancellation of the Williamson Act Contract is for land on which a
Notice of Nonrenewal has been served pursuant to Government
Resources Code Section 51245 on November 11, 1987.
(b) Cancellation of the Williamson Act Contract is not likely to result in the
removal of adjacent lands from agriculture use in that the surrounding
environment is already developed and consists of a freeway to the west,
a highway to the south, and residential development to the east and
north.
(c) Cancellation of the Williamson Act Contract is for an alternative land
use designation, IP (Public and Institutional), which is consistent with the
General Plan.
(d) Cancellation of the Williamson Act Contract will not result in
discontiguous patterns of urban development in that the surrounding area
is already urbanized.
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(e) That there is no proximate non -contracted land which is available for the
use to which it is proposed the contract land be put.
NOW, THEREFORE, BE IT RESOLVED, that based upon the preceding findings
the City Council of the City of San Juan Capistrano does hereby approve tentative
cancellation of the Agricultural Preserve Contract on Assessor's Parcel No. 650-151-12,
31501 Avenida Los Cerritos, subject to the following conditions:
1. The Agriculture Preserve Contract cancellation shall become effective
upon the Rezone 89-1 rezoning the property from AG (General
Agriculture) to IP (Public and Institutional), approved by Ordinance
No. 705 , taking effect.
2. Payment in full of the amount of fee computed in accordance with the
provisions of Sections 51283 and 51283.1 of the Government Code.
PASSED, APPROVED, AND ADOPTED this 2nd day
of June , 1992.
ATTEST:
C:':�
CITY CLE
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. 92-6-2-6 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 4th day
of June , 1992, by the following vote:
AYES: Councilmen Friess, Hausdorfer, Harris,
Vasquez and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSOWCITY CLERK
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