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Resolution Number 90-5-15-52'7 RESOLUTION NO. 90-5-15-5 GENERAL PLAN AMENDMENT 90-3 AMENDING CIRCULATION ELEMENT TO DELETE COMMUTER DESIGNATION FOR VIA ES ELITA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 90-3, WHICH AMENDS THE GENERAL PLAN CIRCULATION ELEMENT BY DELETING THE "COMMUTER" DESIGNATION FOR VIA ESTELITA WHEREAS, the City Council, at its meeting of May 17, 1988, initiated consideration of a General Plan Amendment to consider the possible deletion of Via Estelita's "commuter" designation as indicated on the General Pian Land Use Map; and, WHEREAS, the Environmental Review Board has determined that the proposed Amendment will not result in a significant impact on the environment and has issued a negative declaration; and, WHEREAS, Section 9-2.102 of the San Juan Capistrano Municipal Code requires that the Planning Commission conduct a public hearing and make a recommendation on General Plan Amendments prior to public hearing and final action by the City Council; and, WHEREAS, the Planning Commission conducted such a hearing on April 24, 1990, and recommended that the Amendment deleting Via Estelita as a designated "commuter" be approved; and, WHEREAS, the City Council has conducted a duly noticed public hearing to consider testimony on the proposed Amendment; and, WHEREAS, the City Council finds and determines that the purposes for originally designating Via Estelita as a "commuter" street no longer apply, the cost of extending Via Estelita to Peppertree Bend is disproportionately high relative to the traffic service which it would provide, and the existing street network with certain improvements would provide an adequate level of traffic circulation and emergency access. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve General Plan Amendment 90-3, amending the General Plan Land Use Map by deleting the "commuter" designation of Via Estelita between Aguacate road and Peppertree Bend subject to the following implementation measures: 1. That the City will take action to assure that private and public street improvements are completed to Via Estelita and Avenida Evita so as to provide adequate traffic circulation and emergency access for residential lots served by these streets. 2. That the City will evaluate the need for the existing Via Estelita unimproved public right-of-way between the proposed Via Estelita cul-de-sac and Peppertree Bend and take appropriate action including retaining, partially abandoning, or se 276 o wholly abandoning that right-of-way. However, the City will retain all necessary rights across such right-of-way to provide for planned equestrian trails as shown on the City's "Equestrian and Hiking Trails Map" dated March, 1988. PASSED, APPROVED, AND ADOPTED this 15th day of May , 1990. AUSDORFER, MA R ATTEST: I � WhWAUSIAMMMA I =j-0 , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, GEORGE SCARBOROUGH, Acting 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. 90-5-15-5 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of May , 1990, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSTAIN: None ABSENT: None (SEAL) -2-