Resolution Number 79-9-5-233
RESOLUTION NO. 79-9-5-2
AGRICULTURAL PRESERVE (MAURER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING
42+ ACRES OF LOT 64, TRACT 9382, AS AN AGRICULTURAL
PRESERVE AND APPROVING AN AGRICULTURAL PRESERVE
CONTRACT PURSUANT TO THE CALIFORNIA LAND CONSERVATION
ACT, AS AMENDED (MAURER)
WHEREAS, Robert E. and Irma J. Maurer are owners of
property, described in Exhibit "A," commonly referred to as
Lot 64 of Tract No. 9382 in the City of San Juan Capistrano; and,
WHEREAS, the City Council approved Tentative Tract 9382
subject to the condition of "the satisfactory execution of an
agreement for the transfer to the City of development rights
and/or the entering into of a Williamson Act -type agreement by
the developer in order to maintain the open space and/or agricultural
nature of the area;" and,
WHEREAS, owners of said property desire to enter into an
Agricultural Preservation Contract under the provisions of the State
of California Land Conservation Act of 1965 (as amended) for a
42+ acre parcel identified as Lot 64 of Tract No. 9382; 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 has otherwise carried out the applicable provisions of the
California Environmental Quality Act of 1970; and,
WHEREAS, a public hearing relating to the establishment
of the aforesaid property as an agricultural preserve was duly
advertised and held on September 5, 1979; and,
WHEREAS, upon consideration of the testimony of all
witnesses and other evidence, the City Council has found and
determined that:
1. The continuation of the existing agricultural/
open space use of the land is consistent with
and implements one of the major goals of the
General Plan.
2. The continuation of the existing use will not
create any adverse environmental impacts upon
the adjacent land uses.
3. Due to the unique characteristic of agricultural/
open space areas in the City, agriculture
preserves of less than 100 acres are necessary.
4. The establishment of the agricultural preserve
of less than 100 acres is consistent with the
General Plan of the City.
NOW, THEREFORE, BE IT RESOLVED, that the 42+ acres of
Lot 64, Tract No. 9382, is hereby designated by the City Council
an an agricultural preserve pursuant to the California Land
Conservation Act (as amended).
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BE IT FURTHER RESOLVED, that the City Council does
hereby approve the contract to establish an agricultural preserve
pursuant to the California Land Conservation Act (as amended), and
does hereby authorize the Mayor and City Clerk to execute said
contract and all necessary documents for the establishment of
said preserve.
PASSED, APPROVED AND ADOPTED this 5th day of
September , 1979, by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ATTEST:
CITY CL7
v
KENNETH E. FRIESS, YOR
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. 79-9-5-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of
September 1 1979 .
(SEAL)
MARY ANN HSVOVER, CITY CLERK
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Property located in the City of San Juan Capistrano,
Orange County, California, known as Lot 64 of Tract 9382, recorded
on June 12, 1978, in Book 12711, Page 1285, in the official records
of Orange County Recorder.
4f
Y,
37
STATE 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 of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 7th day of September 1979 ,
she caused to be posted:
RESOLUTION NO. 79-9-5-2
being: AGRICULTURAL PRESERVE (MAURER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING
42+ ACRES OF LOT 64, TRACT 9382, AS AN AGRICULTURAL
PRESERVE AND APPROVING AN AGRICULTURAL PRESERVE
CONTRACT PURSUANT TO THE CALIFORNIA LAND CONSERVATION
ACT, AS AMENDED (MAURER)
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The San Juan Hot Springs Dance Hall;
' The Orange County Public Library.
D
MARY OVER, C ty �Ier�
San Juan Capistrano, California
CHECK LIST .7y_ _ j z
ORD. NO.... _.__ RES. NO.. ..._--
............. Mayor has signed
............. Clerk has signed
....... City Seal stamped
_. _...-._. All blanks typed in
..Absent.. E�--..... _......-.
.Noes.. ............... .--.-----------
._......---- Typed in Official Record Book
'..........._. Posted to Classified Cards
------- Copies sent to--- --. _-.leer-. ,/-.......nt......
.............. Legal Publication ordered to be published
(date) -- -------- ---- --- ....- --... _...----...-----...----
No. Affidavits ................ ---- ---_...----- ....__---..
No. Printed copies required ....�....__...... __
Remarks
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