Resolution Number 09-12-01-05RESOLUTION NO. 09-12-01-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT (GPA) 09-01 TO DESIGNATE PROPERTY (APN 125-172-07
& 125-172-17) GENERAL OPEN SPACE (GOS) FOR ANNEXATION,
WHICH INCLUDES APPROXIMATELY ONE HUNDRED THIRTY-TWO
(132) ACRE RANCHO MISSION VIEJO PROPERTY CONTAINING THE
OAKS EQUESTRIAN FACILITY, PARK, RECREATION, AND OPEN SPACE
AREAS PURSUANT TO THE ATTACHED LEGAL DESCRIPTION, WHICH
PROPERTY IS GENERALLY LOCATED SOUTH OF ORTEGA HIGHWAY,
WEST OF LA PATA AVENUE, NORTH OF SAN JUAN HILL HIGH SCHOOL
AND EAST OF THE CURRENT CITY LIMITS. (RANCHO MISSION VIEJO)
WHEREAS, the City of San Juan Capistrano has initiated a General Plan
Amendment to identify on the General Plan Land Use Map for annexation of approximately
one hundred thirty-two (132) acres of property into the city limits as General Open Space
(GOS) to maintain and preserve the existing equestrian, park, recreation, and open spaces
areas, and,
Whereas, the City of San Juan Capistrano has entered into a Purchase and
Sale Agreement (PSA) with Rancho Mission Viejo to acquire the 132 acre property
described above; and
Whereas, the subject 132 acre parcel is irregular in shape and located south
of Ortega Highway, north of San Juan Hills High School, west of La Pata Avenue, and east
of the current City limits;
Whereas, the City of San Juan Capistrano intends to maintain and preserve
the existing equestrian, park, recreation and open space uses on the subject property with
no development proposed; and
Whereas, Rancho Mission Viejo supports the annexation and has partnered
with the City of San Juan Capistrano in submitting an annexation and sphere of influence
adjustment application to the Local Agency Formation Commission (LAFCO); and
Whereas, the County of Orange supports the annexation; and
Whereas, the City Council of the City of San Juan Capistrano on September
15, 2009 authorized staff to submit an annexation application (CA 09-17) and initiate a
General Plan Amendment; and
Whereas, the City of San Juan Capistrano has formally submitted annexation
application to the Local Agency Formation Commission (LAFCO) CA 09-19 to include a
coterminous expansion of the General Plan Sphere of Influence; and
Whereas, the Environmental Administrator has evaluated the proposed
General Plan Amendment and has determined that the project is categorically exempt
12/01/2009
pursuant to the general rule in CEQA Guidelines section 15061(b)(3), which states "The
Activity is covered by the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainly that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA;" Class 13 (Section 1.5313)
Acquisition of Lands for Wildlife Conservation Purposes; Class 16 (Section 15316)
Transfer of Ownership of Land in Order to Create parks; Class 19 (Section 15319)
Annexations of Existing Facilities and Lots for Exempt Facilities; and Class 25 (Section
15325) Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions;
and
WHEREAS, Section 9-2.307, entitled Amendment of the General Plan of Title
9, of the Land Use Code grants the City Council sole authority to initiate consideration of
General Plan Amendments and such approval was granted on September 15, 2009; and,
WHEREAS, State Law requires that the Planning Commission conduct a
public hearing to provide a recommendation to the City Council of a General Plan
Amendment (GPA) and on October 13, 2009 the Planning Commission unanimously
recommended approval; and,
WHEREAS, the proposed General Plan Amendment would designate the
subject property General Open Space (GOS) on the General Plan Land Use Map and the
City would also pursue zoning designation(s) consistent with the GOS designation; and
WHEREAS, the GOS land use designation is less intensive and more
restrictive than the existing County of Orange Planned Community (PC) designation and
Ranch Plan approvals; and
WHEREAS, the City of San Juan Capistrano, pursuant to the purchase and
sale agreement (PSA) would be deed restricted to maintain the equestrian, park,
recreation, and open space areas and not conduct additional development; and
WHEREAS, the City Council of the City of San Juan Capistrano conducted a
duly noticed public hearing and considered all oral and written public testimony on
December 1, 2009..
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. Environmental Review
The City Council determines that the General Plan Amendment will have no impacts
on the environment, is categorically exempt from the California Environmental Quality Act
(CEQA), and adopts the Notice of Exemption.
SECTION 2. General Plan Amendment
The City Council of the City of San Juan Capistrano does hereby approve
General Plan Amendment (GPA) 09-01 for the 132 acre Rancho Mission Viejo property
designating the subject property General Open Space (GOS).
PASSED, APPROVED, AND ADOPT41) this�T"�day of December, 2009.
ATTEST:
MARIA MORRI `CITE' CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 09-12-01-05 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 1st day of
December 2009, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
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RIA MORRIS, Cit Clerk
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EXHIBIT A
HU1TT-Z0U_QA INC. , 430 EA60nge 'Suite 200 4 brine, CA 92602-1315 + 714.734.5100 phone 4 714.734.5155 fox . & haitt-zollars.cam
10-1383-01 (D)
11-06-09
Revised
11-10-09
EXHIBIT A
ANNEXATION NO. CA 09-19
TO THE CITY OF SAN JUAN CAPISTRANO
That portion of Rancho Mission. Viejo (or La Paz), in the Unincorporated Territory of the
County of Orange, State of California, as shown on the map recorded in Book 1, Pages
63 and 64, of Patents, Records of Los Angeles County, in the office of the County
Recorder of Los -Angeles County, described as follows:
From the point of beginning, being the Southeasterly terminus of that certain course in
the Northeasterly boundary of the existing boundary of the City of San duan Capistrano
as created by the City of San duan Capistrano "Reorganization No. 61 ", shown as having
a.bearing .and- distance of "North 53044'07" West 128S:00 feet", more or less, on said
Reorganization, said point also being described as "Rancho Mission "Viejo Comer No. 3"
as shown on the Record of Survey filed in Book 9, Pages 15 through 22, inclusive, of
Records of Survey, in the office of the County Recorder of Orange County.
.Course 1: North 52057'24" West 1285.00 feet along said Northeasterly boundary and the
Southwesterly line of said Rancho Mission_ Viejo to the Northerly corner of said
Reorganization No. 61,
Course 2: Thence continuing along said Southwesterly line. North 52057'24" West
627.81 feet, more or less, to the . Southerly right-of-way line of Ortega Highway, ` as
described in Exhibit "C" in the Grant Deed to the County of Orange, recorded August 1,
2008 as Instrument No. 2008000368965 of Official Records, in the office of said Orange
County Recorder;
Thence leaving said Northeasterly boundary and along said Southerly right -of --way line,
the following courses:
Course 3: North 53003'40" East 15.49 feet,
Course 4: South 36056'20" East 3.50 feet,
Course 5: North 53003140" East 308.58 feet to the beginning of a curve concave
Northerly having a radius of 7044.30 feet,
Course 6: Northeasterly 299.61 .feet along said curve through a central angle of 2°26'13",
Course 7: North 50113727" East 81.26 feet,
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EXHIBIT A
LEGAL DESCRIPTION -CONTINUED
ANNEXATION NO. CA 09-19
TO THE CITY OF SAN JUAN CAPISTRANO
PAGE 2
Course 8: South 39122'52" East 3.07 feet,
Course 9: North 50037108" East 210.25 feet,
10-1383-01 (D)
11-06-09
Revised
11-10-09
Course 10: North 57°51'04" East 71.12 feet to the beginning of a non -tangent curve
concave Southerly having a radius of 1474.06 feet, a radial line of said curve to said point
bears North 39024'19" West,
Course 11: Northeasterly 210.68 feet along said curve through a central angle of
.811'20'",
Course 12: Thence non -tangent to said curve South 2501 PIT' East 1-3.07 feet,
Course 13: North 80°23'21" East 29.94 feet,
Course 14: North 61008'36" East 68.00 feet,
Course 15: North 29011'32" West 11.61 feet,
Course 16: North 42104'13" East 30.05 feet to the beginning of a non -tangent curve
concave Southeasterly having a radius of 1530.00 feet, a radial line of said curve to said
point bears North. 2405951" West,
Course 17: , Northeasterly 254.57 feet along said curve through a central angle of
9°32'000%
Course 18: South 1502751" East 50.00 feet to the begh in.g of a non -tangent curve
concave Southeasterly having a radius of 1480.00 feet, a radial lire of said curve to said
point bears North 15°27'51" West,
Course 19: Northeasterly 224.13 feet along said curve through a central angle of
8°40'36",
Course 20: North 83012'45" East 357.70 feet,
Course 21: North 6047'15" West 40.00 feet,
Course 22: North 8301.2'45" East 400.00 feet,
r/10-1391-011&4 ,ins ruannn,ex�m
EXHIBIT A 10-13.83-01 {D}
LEGAL DESCRIPTION CONT AJED 11-06-09
ANNEXATION NO. CA 09.19 Revised
TO THE CITY OF SAN JUAN CAPISTRANO 11-10-09
PAGE 3
Course 23: North 6047'15" West 19.74 feet to the beginning of a non -tangent curve
concave Southerly having a radius of 6326.27 feet, a radial line of said curve to said point
bears North 3°13'37" West,
Course 24: Easterly 24.26 feet along said curve through a central angle of 0°13'11 ",
.Course 25: North, 86059'34" East 256.57 feet to the beginning of a curve concave
Northerly having a radius of 4579.70 feet,
Course 26: Easterly 139.48 feet along said curve through a central angle of 1°4442
Course 27: Thence tion -tangent to said curve South 87°43`55" East 90.93 feet to the
beginning of a non -tangent curve concave Northerly having a radius of 4591.70 feet, a
radial line of said curve to said point bears South 5052142" East,
Course 28: Easterly 275.99 feet along said curve through a central angle of 3026138",
Course 29: North 87116'57" East 71.92 feet,
Course 30: South 10°12'54" East 4.17 feet,
Course 31: South 59104'37' East 84.63 feet,
Course 32: North 85°1640" East 18,27 feet to a point on a non -tangent curve concave
Northwesterly having a radius of 1550.00 feet, a radial line of said curve to said point
hears North 85°17119" East, said curve also being the Westerly right-of-way lime of La
Pata Avenue, being 100 feet in width as shown on. Record of Survey No. 2006-1181, filed
in Book 218, Pages 14 through 24, inclusive, of Record of SwTeys and as shown on
Certificate of Compliance CC 2001-01, recorded July 26, 2001.as Instrument No.
20010508635 of said Official Records, in the office of the Change County Recorder;
Thence along said Westerly right-of-way line of La Pata Avenue, the following courses:
.Course 33: Southwesterly 1103.15 feet along said curve through a central angle of
40°4640",
Course 34: South 3610359" West 561.99 feet to the beginning of a curve concave
Southeasterly having a radius of 1650.00 feet,
Course 35: Southwesterly 1204.79 feet along said curve through a central angle of
41'50'09",
r/i0-1383-01/&NF SaWuanA=ex/zk/hpm
EXHIBIT A 10-1383-01 (D)
LEGAL DESCRIPTION -CONTINUED 11-06-09
ANNEXATION NO. CA 09»19 Revised
TO THE CITY OF SAN YUAN CAPISTRANO 11»10-09
PAGE 4
Course 36: South 5°46'10" East 1046.07 feet to the beginnirig of a curve concave
Northeasterly having a radius of 3050.00 feet,
Course 37: Southeasterly 852.36 feet along said curve through a central angle of
16-00'43",
Course 38: South 21045'53" East 618.2.9 feet to the Southeasterly line of the Westerly
portion of Parcel 2 of Lot Line Adjustment LL 2003004, recorded March 19, 2003 as
Instrument No. 2003000294459 of said Official Records,
Course 39: Thence South 68°13'07" West 278.93 feet along said Southeasterly lane to
said Southwesterly line of Rancho Mission Viejo,
Course 40: Thence North 19117'44" West 13.88 feet, more or less, along said
Southwesterly line to the Southeasterly corner of said Reorganization No. 61,
Course 41; Thence continuing North, 1911T44" West 3169.39 feet, more or less, along
the Southeasterly boundary of said. Reorganization and said Southwesterly line to the
point of beginning.
Containing an area of 131.534 acres, more or less.
As shown on Exhibit B attached hereto and by this reference made a part hereof.
RRVEYOR'S CERTIFICATE
This proposal was prepared by me or under my supervision.
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L69DI.,
I S F. GILLEN, PLS 5557
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EXHIBIT A 10-1383-01 (D)
LEGAL DESCRIPTION-CONTIN UED 11-06-09
ANNEXATION NO. CA 09-19 Revised
TO THE CITY OF SAN JUAN CAPISTRANO 11-10-09
PAGE 5
This proposal does meet the approval of the Orange County Surveyor's Office.
Dated this day of 2009.
BY:
Raymond L. Mathe, County Surveyor
L.S. 61,85, My License Expires: 03-31-10