Resolution Number 86-1-7-3RESOLUTION NO. 86-1-7-3 387
GENERAL PLAN AMENDMENT 85-2
(AGRICULTURE PRESERVATION/KINOSHITA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
GENERAL PLAN AMENDMENT 85-2 (AGRICULTURE
PRESERVATION/KINOSHITA)
WHEREAS, on February 5, 1985, the City Council formed
the Ad Hoc Agricultural Committee to further investigate the
feasibility of the current incentive program contained in the
Open Space and Conservation Element of the General Plan and
submit a report with findings and recommendation; and,
WHEREAS, the Ad Hoc Agricultural Committee did conduct a
planning study and submitted a final report to the City Council
on September 17, 1985, which included a recommendation to
initiate a General Plan Amendment; and,
WHEREAS, on September 17, 1985, the City Council
initiated General Plan Amendment 85-2 to include revisions to the
General Plan map and text to the Land Use and Open Space and
Conservation Elements to allow for a Development Rights Transfer
Program and Partial Development Option (Restricted) that will
provide a compensation mechanism to permanently preserve those
areas designated 4.2 agri-business on the General Plan; and,
WHEREAS, the Planning Commission has held
duly -advertised public hearing on November 12, 1985, and
November 26, 1985, received public testimony, reviewed the staff
report, draft Focus Environmental Impact Report and other
relevant material concerning the Amendment and, considering all
of the above in light of the goals and policies of the General
Plan, has forwarded a recommendation to approve General Plan
Amendment 85-2; and,
WHEREAS, the City Council has held a duly -advertised
public hearing on December 17, 1985, and January 7, 1986,
received public testimony, reviewed the draft Focus Environmental
Impact Report and other relevant material concerning the
Amendment, and considered all of the above as it relates to the
goals and policies of the General Plan; and,
WHEREAS, the City Council, after conducting a
duly -advertised public hearing on the Focus Environmental Impact
Report on December 17, 1985, and January 7, 1986, to receive
public testimony, has certified said document as adequately
describing the environmental impacts that could result if the
amendment was approved; and,
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3 $ WHEREAS, the City Council determines as follows:
1. The proposed Partial Development Option
designation, as discussed in Exhibit "A" attached,
defines certain land uses and criteria to be used
to insure that it will be internally consistent
with the appropriately addressed intent,
implementation measures and long-term benefits to
the community of preserving significant acreage
for agricultural uses included as a part of this
amendment.
The proposed changes to the Land Use and Open
Space and Conservation Elements of the General
Plan will further expand the City's ability to
provide a preservation mechanism to property
currently designated 4.2 agri-business that will
result in either dedication of fee title or open
space/conservation easements granted to the City
for the preservation of agricultural lands as
further outlined in Exhibit "A" attached.
3. The Amendment will further assist in the
implementation of a major goal of the General Plan
to preserve significant acreage for active
agricultural operations.
4. The Amendment in proposing the use of a Partial
Development Option has limited its use to the 56
acres located at the northwest corner of Camino
Del Avion and Alipaz Streets on the General Plan
Map per Exhibit "B" attached.
5. The focus Environmental Impact Report has been
certified per the necessary findings contained in
City Council Resolution No. 86-1-7-2
BE IT FURTHER RESOLVED, that the City Council does
hereby adopt General Plan Amendment 85-2 as contained in Exhibits
"A" and "B" attached hereto.
PASSED, APPROVED AND ADOPTED this 7th day of
January 1986
s.
PHILLIP SCHW TZE, MAYO
ATTEST:
CITY CLE
-2-
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. 86-1-7-3 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 7th day of
January , 1986 , by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
(SEAL)
MARY NN ANOVER, CITY CLERK
-3-
3 9 0STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 9th day of January
she caused to be posted:
RESOLUTION NO. 86-1-7-3
being: GENERAL PLAN AMENDMENT 85-2
(AGRICULTURE PRESERVATION/KINOSHITA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
GENERAL PLAN AMENDMENT 85-2 (AGRICULTURE
PRESERVATION/KINOSHITA)
of
1986 ,
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
CHECK LIST
ORD. N9_._...__ RFS. NOBS "1-7-3
�/// Mayor has signed
......Y. Clerk has signed
.......K.. City Seal stamped
j All blanks typed in
"Absent.. ..... s�1•-------------
............_. _ _ _-----
"Noes" ....... ,..,!ic..------------------------------------
......../. Typed in Official Record Book
... Posted to Classified Car s ............. Copies sent to.4120S;f',,!
...... Legal Publication ordered to be publisbed
(date) ....... ...... .---------- ....... ... ............... ........
No. Affidavits --- - ._................. ._..-........
No. Printed copies required
s.._/Q._...__.._..
Remarks._....6il
... ..�1.1O.....................
............................
FR ANN NOVER, CITY CLERK
San Juan apistrano, California
-4-
EXHIBIT "A"
391
1. Amend the text of the Land Use Element as follows:
Page 12, add "In furtherance of the objectives to
preserve agriculture, the City, as a part of the
incentive program outlined in the Open Space and
Conservation Element, is to establish a value
mechanism (e.g. development rights transfer and/or
partial development option) for the effect of
General Plan Amendment 77-1 on such property
designated 4.2 agri-business.
A partial development option. 5.3 designation on
s iocatea on
Avion and Al
treet.
2. Amend the text of the Open Space and Conservation
Element as follows: Page 35A, Agriculture
Preservation Program, Specific Incentive 15 add
"Establish a value mechanism (e.g. development
rights transfer, partial development option) for
the effect of General Plan Amendment 77-1.
Underline denotes changes from existing General Plan
Text.
Exhibit "A", Page 1 of 2
3 92
If a partial development option is
nti
ble
ve agricultural env
56 acres located at the northwest corner or Camino
del Avion and Alipaz Street. If a development
rights transfer program and/or partial development
option is to be the value mechanism, a specific
development agreement shall be executed by the
City and the applicable property owners that would
convey either fee title or an open space easement
over the area to be preserved to the City."
Page 36, other Implementation Programs, add
"Development Rights Transfer Program - In order to
assist in the implementation of the goals and
objectives of the General Plan as it regards
preservation of open space and agri-business
lands, the City should adopt a mechanism (i.e.,
development agreement, specific plan) that would
provide for the transfer of development potential
from a separate piece of property to another."
Underline denotes changes from existing General Plan
text.
Exhibit "A", Page 2 of 2
4> �
7
393
4.2 AORI - SUISNESS
5.3 PARTIAL DEVELOPMENT OPTION
(Agricultural Preservation)
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EXHIBIT B
GENERAL PLAN AMNDMNT 85-2