Resolution Number 75-9-17-1X03
RESOLUTION NO. 75-9-17-1
STATEMENT OF OVERRIDING CONCERN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ISSUING A
STATEMENT OF OVERRIDING CONCERN IN CONJUNCTION
WITH THE ADOPTION OF THE LAND USE MANAGEMENT CODE
WHEREAS, the City of San Juan Capistrano initiated a
major planning program in January 1973, which resulted in the
adoption of a complete General Plan on December 18, 1974, and a
review and updating of the Land Use Regulations of the City; and
WHEREAS, the Land Use Management Code is the document
which contains revised and additional Land Use Regulations for
the City; and
WHEREAS, in fulfilling the requirements of the California
Environmental Quality Act, a single Environmental Impact Report
was used, that being the Environmental Impact Report for the
General Plan which was deemed adequate by the City Council on
December 18, 1974; and
WHEREAS, in the review of that Environmental Impact
Report and through testimony received during Public Hearings on
the Land Use Management Code, it is acknowledged that adverse
environmental consequences have been identified particularly in
regard to: restricting the range of the housing market by
reducing that portion of the housing market which will be able
to seek housing in the community; the continued increase of
traffic with resultant congestion and pollution particularly on
Interstate 5; the continued overcrowding of public schools; and
investments made by individuals hoping to realize profits from
land; and
WHEREAS, Section 15088 of the Guidelines for the
California Environmental Quality Act provide a means for a public
agency to make a "statement of overriding considerations" in
order to identify other interests that warrant the approval of a
project even though adverse environmental consequences have been
identified.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of San Juan Capistrano finds that there are overriding
considerations which far outweigh the adverse effects resulting
from the adoption of the Land Use Management Code. These consid-
erations include, but are not limited to:
1. Compliance with recommendations in the Land Use
Element of the General Plan (Page 13) which calls for a compre-
hensive review and update of zoning regulations;
2. Compliance with recommendations in the Land Use
Element of the General Plan (Page 14) which calls for the adoption
of new regulations including: Scenic Highways Regulations,
Historic Preservation, Noise Regulations, Dust Regulations, and
other regulations;
3. To fulfill requirements of the "Open Space - Action
Program" (Page 35 of the General Plan) by providing for "open
space" zoning regulations;
4. Refinement of design standards as recommended in
the Circulation Element (Page 44);
5. The adoption of standards and criteria pertaining
to noise as recommended in the Noise Element (Page 83);
6. The adoption of Flood Plain Regulations as recom-
mended in the Public Safety Element (Page 87); and
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7. The adoption of street tree requirements, tree
preservation, and the establishment of Design Criteria as recom-
mended in the Community Design Element (Page 98).
BE IT FURTHER RESOLVED that the City Council shall,
through monitoring and review of the General Plan and through
implementation of other portions of the General Plan, devise
plans and programs for the further mitigation of adverse impacts
created by the adoption of the Land Use Management Code.
PASSED, APPROVED AND ADOPTED this 17th day of September,
1975, by the following vote, to wit:
AYES: Councilmen Byrnes, Heckscher, Sweeney, and
Mayor Weathers
NOES: None
ABSENT: Councilman Nash
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. 75-9-17-1, adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 17th day of September, 1975.
(SEAL) MARY ANN OVER, CITY CLERK
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STATE OF' CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
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. 74-1-28-4, and on the ti >' 4 day of St r I ,
197 5 , she caused to be posted:
RESOLUTION NO. 75-9-17-1
being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ISSUING A
STATEMENT OF OVERRIDING CONCERN IN CONJUNCII ON
WITH THE ADOPTION OF THE LAND USE MANAGEMENT CODE
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in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post.Office;
The Orange County Public Library.
MARY N HOOVER, City C erk
San Juan C pistrano, California