Resolution Number 88-12-6-2359.
RESOLUTION NO. 88-12-6-2
TENTATIVE CANCELLATION OF WILLIAMSON ACT
LOT 64, TRACT 938 MAURER PROPERTY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING TENTATIVE
CANCELLATION OF WILLIAMSON ACT CONTRACT (LOT 64,
TRACT 9382(MAURE.R PROPERTY)
WHEREAS, Robert and Erma Maurer entered into a Williamson Act contract
with the City of San Juan Capistrano on September 5, 1979 pursuant to the provisions of
the California Land Conservation Act of 1965, Government Code Sections 51242, et seq.
(Williamson Act); and,
WHEREAS, this Williamson Act contract placed Lot 64 of Tract 9382,
consisting of approximately 42 acres, into a Williamson Act preserve; and,
WHEREAS, the property owners for this land have now filed a notice of
nonrenewal of Williamson Act contract on or about June 13, 1988 with the City of San
Juan Capistrano; and,
WHEREAS, the property owners have made application to the City of San Juan
Capistrano for cancellation of this Williamson Act contract; and,
WHEREAS, the Environmental Review Board has reviewed the matter and
determined that it would not have a significant impact on the environment and has issued
a negative declaration; and,
WHEREAS, upon consideration of the testimony of all witnesses and other
evidence, the City Council has found and determined that said cancellation is consistent
with the applicable provisions of the Williamson Act.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
1. Tentative Cancellation - The application of the owners for the
cancellation of their Williamson Act contract is hereby tentatively
approved, and the City Clerk is authorized and directed to record a copy
of this resolution with the County Recorder of the County of Orange
forthwith. A final certificate of cancellation will be recorded upon the
owner's compliance with the following terms, conditions and
contingencies:
a. Payment in full of the amount of the cancellation fee computed
pursuant to Government Code Sections 51283 and 51283.1 except
for Lot 12 of Vesting Tract Map 13531.
b. Execution of a new agreement that will result in the dedication of
Lot 12, Vesting Tentative Tract 13531 and placement of certain
open space restrictions over individual lots to create permanent
open space areas in favor of the City of San Juan Capistrano.
2. Findings - The determination to tentatively approve the subject
cancellation application is based upon the following findings:
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a. A notice of nonrenewal has been served by Robert E. Maurer on
June 13, 1988 for the contracted land in accordance with
Government Code Section 51245;
b. A cancellation is not likely to result in the removal of adjacent
land from agricultural use since all adjoining areas are already
under development for urban uses;
C. The cancellation is for an alternate use which is consistent with
applicable elements of the General Plan. The proposed residential
uses are at densities consistent with the land use designation of the
General Plan and further serves to implement the policies of the
General Plan with respect to open space and ridgeline
preservation. It also preserved the equestrian/hiking trail systems
by maintaining approximately 32 of the 42 acres in natural open
space along with protecting view sheds from the Horno and San
Juan Creek valleys.
d The cancellation will not result in discontinuance patterns of urban
development in that development is occurring around this site. The
development of the site is immediately contiguous to adjacent
urban development while preserving the noncontiguous open space
area by dedication of fee title to the City of San Juan Capistrano.
e. Development of the contracted land will provide more contiguous
patterns of urban development than development of proximate
noncontracted lands since the development of this property as
proposed results in infill relative to surrounding urban development,
thereby lessening the pressure for development of other
noncontracted land in the proximate area which is not surrounded
by urban development.
f. The cancellation is in the public interest in that:
i. Other public concerns of the City substantially outweigh the
objectives of the Williamson Act, insofar as this property is
concerned, in that the proposed alternative use of the
property is consistent with the General Plan and will
implement the open space and ridgeline preservation
objectives of the General Plan. The General Plan policies
pertaining to the City's equestrian/hiking trail systems will
also be furthered in that a usable trail system will be
provided to eliminate a missing link in the system.
ii. Development of the contracted land will provide more
contiguous patterns of urban development than development
of proximate noncontracted lands since the development of
this property as proposed, provides for infill of a parcel
relative to surrounding urban development, thereby lessening
the pressure for development of other noncontracted land in
the proximate area which is not surrounded by urban
development.
BE IT FURTHER RESOLVED that final action on the proposed cancellation can
not be completed until a formal public hearing has been conducted by the City Council.
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1. Additional Filings - This resolution shall also be filed with the Secretary
of the Department of Agriculture, the Local Agency Formation
Commission, and the owners of said property.
PASSED, APPROVED, AND ADOPTED this 6th day
of December , 1988.
ATTEST:
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. _'8-12-6-2 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6t day
of December , 1988, by the following vote:
AYES: Councilmen Friess, Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Bland and Schwartze
(SEAL)
MARY ANN,PANOVER, CITY CLERK
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