Resolution Number 01-6-5-7035
RESOLUTION NO. 01-6-5-7
GENERAL PLAN AMENDMENT (GPA) 01-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN .JUAN
CAPISTRANO APPROVING A NEGATIVE DECLARATION , AND
ADOPTING GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR A
5.09 ACRE UNINCORPORATED PARCEL LOCATED ALONG THE
EASTERLY CITY LIMITADJOINING THE STONERIDGE NEIGHBORHOOD
(SILVER CREEK LANDSLIDE ANNEXATION, TRACT 6381)
WHEREAS, Silver Creek Slide, Inc., representing seven homeowners in the
Stoneridge neighborhood, has requested approval of General Plan Amendment (GPA) and
Rezone (RZ) applications for 5,09 acres of property presently situated in unincorporated
Orange County and the subject of a conveyance from Rancho Mission Viejo to the property
owners; and these actions are the final step in a process involving remediation of a
landslide that occurred during the winter of 1995-1996 and are required in order for the
Local Agency Formation Commission (LAFCO) to approve annexation of the subject
property into the City of San Juan Capistrano; and,
WHEREAS, staff has identified the General Plan Land Use Element
designation of "1.6, Natural Open Space (NOS)" as the most appropriate designation
considering the private restrictions imposed on the use of the property; and,
WHEREAS, the proposed project has been processed pursuant to Section
9-2.301, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 of the CEQA Guidelines, has issued a negative
declaration pursuant to Section 15070 of the CEQA Guidelines; has caused a Notice of
Negative Declaration to be posted pursuant to Section 15072 of the CEQA Guidelines, and
has otherwise complied with all applicable provisions of the California Environmental
Quality Act (CEQA); and all mitigation measures have been included herein as conditions
of approval; and,
WHEREAS, the City Council conducted a duly -noticed public hearing on .lune
5, 2001 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on
the proposed project and has considered all relevant public comments.
WHEREAS, the proposed project is consistent with the policies and
objectives of the San Juan Capistrano General Plan, specifically, the Land Use Element,
the Conservation and Open Space Element, and the Safety Element because the project
will establish a General Plan land use designation an Official Zoning Map classification for
we
the property which are consistent with the intent to retain the subject property in an
undeveloped condition and consistentwith the natural landslide hazard associated with the
property; and,
WHEREAS, the proposed project complies with all applicable provisions of
the Title 9, Land Use Code including development standards per Section 9-3.424; and,
WHEREAS, the proposed project is consistent with the privately -established
Conditions, Covenants, & Restrictions established by Rancho Mission Viejo which limit the
property to natural open space use and prohibit grading or physical development of the
area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano hereby approved a negative declaration and amends
the General Plan Land Use Element, Land Use Policy Map (LU -1) to designate the subject
5.09 acre property as 1.6, Natural Open Space (NOS) ," and furthermore, amends the
General Plan Land Use Element, Central Redevelopment Project Map (LU -6) to designate
the subject 5.09 acre property within the City's "Sphere of Influence."
ATTEST:
PASSED, APPROVED AND ADOPTED this 5th day of June, 2001.
adv IdadrdK or
WYATYHAkT, MAYOR
U�
R. MONAHAN, CITY CLERK
2
037
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing Resolution No. 01-6-5-7 was duly adopted by the
City Council of the City of San Juan Capistrano at a regular meeting thereof, held the
5th day of June 2001, by the following vote:
AYES: COUNCIL MEMBERS: Bathgate, Greiner, Gelff, Swerdlin and Mayor
Hart
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MAR A T R. MONAHAN, City Clerk