Resolution Number 86-6-3-2RESOLUTION NO. 86-6-3-2
137
AFFIRMING DETERMINATION THAT MODIFICATIONS
TO SAN JUAN CREEK CHANNEL ARE INCONSISTENT
WITH THE CITY GENERAL PLAN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AFFIRMING
THE PLANNING COMMISSION DETERMINATION THAT
PROPOSED MODIFICATIONS TO SAN JUAN CREEK
CHANNEL ARE INCONSISTENT WITH THE CITY
GENERAL PLAN
WHEREAS, the County of Orange, Environmental Management
Agency proposes to raise the height of the San Juan Creek levee,
increase the slope of the east side of the channel, and construct
additional slopes and retaining walls on the outside of the
levee; and,
WHEREAS, the Government Code of the State of
California, Section 65402, provides in part that a local agency
shall not acquire real property nor dispose of any real property
nor construct a public building or structure in any county or
city until the location, purpose, and extent of such activity has
been reported upon as to conformity with the adopted general plan
applicable thereto; and,
WHEREAS, the City's General Plan includes the following
policies regarding type of channel improvements, maintenance of
creeks, and general appearance and character of the creeks.
These policies are the basis for the Land Use, Open Space and
Conservation, and Parks and Recreation Elements.
a. "Studies should be made to determine how drainage
can be handled in other than the usual concrete
ditch and underground pipe method and if possible
in methods which will enhance the visual aspects
of the area through which waters must flow.
Criteria should be developed for the use of plant
material within various watercourses and flood
plain areas so as to maintain and enhance such
areas in as natural a state as possible."
b. "The City should work with the Orange County Flood
Control District to develop alternative methods
for the channelization of flood waters which will
contribute to the visual, recreational, and
ecological benefit of the City. The City should
discourage permanent development in the flood
plain by land fill, structures, or other methods
and should encourage its use for various types of
compatible open space uses."
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138 c. "Protect remaining natural watershed, drainage
beds, and water recharge areas to assure maximum
recovery of natural water supplies and the
preservation of natural plant and animal life.
Future plans for drainage of flood control
facilities should consider alternative methods to
the typical concrete channel and underground pipe
improvements. Such facilities should allow for _
natural water percolation and recharge and the
continued protection and maintenance of the
riparian biota in and near the creekbeds."
d. "Streambeds, creeks, and ponds should be protected
and preserved."
e. "Streambeds, creeks, and ponds should be maintained
in their natural state, not cemented in." and,
WHEREAS, the present channel was constructed prior to
the adoption of these policies and is considered an existing
non -conformity. The proposed modifications will increase the
width of the channel and the height of the channel and concrete
lining. The degree of non -conformity of these improvements is
slight in relation to the overall design of the existing
improvement. The proposed modifications to the San Juan Creek
Channel are not consistent (to a minor degree) with the
above -noted policies of the City's General Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
does hereby affirm the Planning Commission's determination that
the proposed channel improvements are inconsistent with the
adopted General Plan of the City of San Juan Capistrano.
PASSED, APPROVED AND ADOPTED this 3rd day of
June 1986
PHILLIP Fr. SCHWARTZE, ACTIN YOR
ATTEST: !-
CITY CL 4 U•/
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STATE OF CALIFORNIA 1 3 9
COUNTY OF ORANGE ) ss. v
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. 86-6-3-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of
June , 1986 , by the following vote:
AYES: Councilmen Bland and Buchheim
and Acting Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer and Mayor Friess
(SEAL)
MARY ANW HANOV , CITY CL RK
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