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Resolution Number 10-04-20-03RESOLUTION NO. 10-04-20-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT STUDY PROCESS FOR THE 3.18 ACRE PARCEL LOCATED AT 26871 & 26891 ORTEGA HIGHWAY, FORMERLY KNOWN AS THE MISSION INN (APN'S 124 -170 -12, 14, 15, 16) (STROSCHER G3, LLC, GRETCHEN STROSCHER THOMSON) WHEREAS, an application from Stroscher G3, LLC, Gretchen Stroscher Thomson, property owner of 26871 & 26891 Ortega Highway requesting consideration of an amendment to change the designation from 3.1 General Commercial (GC) to Planned Community (PC) in order to increase development rights to accommodate a Mixed Use Retail/Hotel project and to establish a Comprehensive Development Plan (CDP); and, WHEREAS, Section 9-2.307 entitled "Amendment of the General Plan" of Title 9, Land Use Code grants the City Council sole authority to initiate consideration of General Plan Amendments; and, WHEREAS, the initiation of a General Plan Amendment (GPA) constitutes a planning study and is expressly exempt from review under the provisions of California Environmental Quality Act (CEQA); and, WHEREAS, a General Plan Amendment updating the San Juan Capistrano will be processed consistent with California Government Code Section 65300 through 65303; and, WHEREAS, the General Plan Amendment process will provide extensive opportunities for public testimony, Commission and Boards comments, and comments from other agencies prior to final City Council action; and, WHEREAS, in taking this action, it is not to be construed as future acceptance and approval of an amendment to the General Plan. This action only initiates the formal hearing process to conduct public hearings and received public testimony on the proposed amendment; and, WHEREAS, no final action will be taken on any General Plan Amendment until such time as an acceptable final hotel project is concurrently approved by the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby initiate consideration of a General Plan Amendment study process to change the designation from 3.1 General Commercial (GC) to Planned Community (PC) in order to increase development rights to accommodate a Mixed Use Retail/Hotel project and to establish a Comprehensive Development Plan (CDP). 4-20-2010 PASSED, APPROVED, AND A ATTEST: MARIA MOR (S, CITY CLERK ay of April, 2010. DR. LONDR�S USO, MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 10-04-20-03 was duly adopted by the Ci !X Council of the City of San Juan Capistrano at a Regular meeting thereof, held on the 20 day of April, 2010, by the following vote: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: ARIA MO , City Cle Allevato, Nielsen, Freese and Mayor Uso Hribar None 2 4-20-2010