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Ordinance Number 712ORDINANCE NO. 712 APPROVING DEVELOPMENT AGREEMENT - SAN JUAN MEADOWS SAN JUAN CREEK ASSOCIATES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT FOR TENTATIVE TRACT MAP 14343, REZONE 91-1, GENERAL PLAN AMENDMENT 92-2 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) WHEREAS, the applicant, San Juan Creek Associates, has submitted Vesting Tentative Tract Map 14343, proposing to subdivide approximately 148 acres to allow the development of 275 single family detached and attached residential units, 180 senior housing units, 35.1 Recreation Open Space Acres which would contain a golf course, and 59.4 General Open Space Acres. In addition, a Vesting Tentative Tract Map is proposed to allow the development of the Central Valley Road to connect Las Ramblas to La Novia, and allow certification of closure of the Forster landfill, and reuse of its site as a golf course, General Plan Amendment 92-1, a General Plan Amendment is proposed to substitute a senior housing use for the dedicated public institutional use; and, Rezone 91-1, an amendment to the Forster Canyon Planned Community Comprehensive Development Plan is proposed to allow 275 attached and single family residential units and 180 senior housing units together with a golf course; and, WHEREAS, the Environmental Review Board determined that the project may have a significant effect on the environment, and has required the preparation of an Environmental Impact Report, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the project was reviewed by the Equestrian Commission on February 10, 1992, and February 24, 1992; by the Traffic and Transportation Commission on March 11, 1992; and, by the Parks and Recreation Commission on March 16, 1992; and, WHEREAS, a public hearing has been duly advertised and held by the Planning Commission on May 4, 1992 and May 12, 1992, to review public testimony on the project; and, WHEREAS, the Planning Commission of the City of San Juan Capistrano recommended approval of the Development Agreement pursuant to Resolution No. PC 92-6-9-7; and, WHEREAS, the City Council of the City of San Juan Capistrano conducted a duly -noticed public hearing on July 21, 1992. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Intent and Findings. The City Council of the City of San Juan Capistrano finds and determines as follows: -1- 1. 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 The Mesa portion of the Forster Canyon Planned Community. 2. This agreement is for the purpose of carrying out the development approvals for the project in a manner that will ensure certain anticipated benefits to both City and owner. The City will receive both direct and indirect benefits from the project, including: a. Closure of the inactive 33 -acre Forster Canyon landfill located on the property in accordance with State Law and development of a 9 -hole executive golf course which is intended to create a visually pleasing land use on the former landfill site and create a source of income for post -closure maintenance of the site. b. Preservation of approximately 60 acres of the subject property for general open space. C. Enhancement of approximately 48 acres of the property for recreational open space (the golf course, clubhouse and driving range). d. Dedication of an 8.5 -acre Public Institutional site. e. Construction of 180 units of affordable senior housing. f. Completion of the project, including landfill closure and system of roads and trails, within ten years. g. Completion of certain traffic mitigation improvements in the area, including Valle Road widening, intersection improvements at Valle Road and San Juan Creek Road and relocating the freeway ramps on Valle Road. h. Completion of the backbone road system that connects the Alto Capistrano/Meredith Canyon area to the rest of the City ("A" Street) as shown on the General Plan. 3. The City Council hereby finds that this Development Agreement is consistent with all elements of the City's General Plan. SECTION 2. Approval of Agreement. The City Council approves the Development Agreement for the San Juan Meadows project. passage. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its IPA SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption is required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED this lst day of September , 1992. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, 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. 712 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on August 18th , 1992, and adopted at a meeting held on September 1st, 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Vasquez, and Harris ABSTAIN: None ABSENT: None (SEAL) -3-