Ordinance Number 706ORDINANCE NO. 706
DEVELOPMENT AGREEMENT -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR
TENTATIVE TRACT 14196 THE PACIFIC POINT PROJECT (TMC
DEVELOPMENT)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Intent and Findings.
The City Council finds and determines that it is appropriate to enter into a
Development Agreement pursuant to development agreement legislation of state law
(Government Code Sections 65864 et. seq.) for that real property more commonly
referred to as Tentative Tract 14196, Pacific Point Project, so as to ensure that this
approved project is completed in the manner intended by the owner and the City in
accordance with the Forster Canyon Comprehensive Development Plan 81-01.
This agreement is for the purpose of carrying out the development approvals
for the project in a manner that will ensure certain anticipated benefits from the project
including:
a. Preservation of approximately 98.5 acres of the property for general
open space, including the Vista Park site in accordance with the
Comprehensive Development Plan.
b. Dedication of 5.5 acres in the Las Ramblas neighborhood park site to the
City.
C. Reservation of an 8 -acre site for potential use as an elementary school.
d. Mass grading to be executed in one continuous operation, which will
correct extensive previous site grading which is inconsistent with
community guidelines.
e. Owner contribution of a pro -rata share of off-site improvements,
including improvements to Valle Road.
f. Provision of a wet land and habitat mitigation program to occur on City -
owned property.
g. Construction of "A" Street from Las Ramblas to La Novia; or
construction of "C" Street if "A" Street is not extended to La Novia.
h. Construction of an approximately two million gallon domestic water
system including distribution liens, pump station and reservoir for water
storage and fire protection for TMC, McCracken Hill, Meredith Canyon,
Alto Capistrano and San Juan Meadows.
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SECTION 2. Finding of Consistency with General Plan.
The City Council hereby finds that this Development Agreement is consistent
with all elements of the City's General Plan.
SECTION 3. Environmental Findings.
The Environmental Impact Report previously certified by the City Council is
adequate to serve as the required environmental documentation for this Agreement and
satisfies all requirements of CEQA.
SECTION 4. Approval of Agreement
Accordingly, the City Council hereby approves the Development Agreement
for the Pacific Point Project and incorporates it herein by reference.
passage.
SECTION 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 6. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 7th day of July
1992.
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 706 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on June 16th , 1992, and adopted at
a meeting held on July 7th , 1992, by the following vote:
AYES: Councilmen Friess, Harris and Mayor Jones
NOES: Councilman Vasquez
ABSTAIN: Councilman Hausdorfer
ABSENT: None
(SEAL)
CHERYL JOHNSON/, CITY CLERK