Ordinance Number 713r
ORDINANCE NO. 713
APPROVING DEVELOPMENT AGREEMENT - TENTATIVE TRACT 13823 (DIFFLEY)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFOR[JIA,,APPROVING A DEVELOPMENT AGREEMENT AND
TIME EXTENSION FOR TENTATIVE TRACT MAP 13823, A 13 -LOT
CUSTOM HOME SUBDIVISION GENERALLY LOCATED SOUTHEAST
OF SAN JUAN CREEK ROAD, NORTH OF HIDDEN MOUNTAIN
(DIFFLEY)
WHEREAS, the applicant, David Diffley, 252 Potosi Way, Henderson, Nevada
89014, has submitted a request for approval of a development agreement and time
extension to run concurrently with the term of the agreement for Tentative Tract Map
13823;and,
WHEREAS, on June 19, 1990, the City Council determined that the required
findings for subdivision approval could be made, and adopted Resolution No. 90-6-19-2,
conditionally approving Tentative Tract Map 13823; and,
WHEREAS, this project has been reviewed and processed in accordance with
the California Environmental Quality Act. The City has determined that the condition
requiring a development agreement is an extension of the project which has met all
California Environmental Quality Act requirements previously; and,
WHEREAS, on July 14, 1992, the Planning Commission reviewed the subject
development agreement and time extension and recommended approval to the City
Council; and,
WHEREAS, the City Council of the City of San Juan Capistrano conducted a
duly -noticed public hearing on September 1, 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. The City Council has not adopted any Ordinances or General Plan
Amendments subsequent to the approval of Tentative Tract Map 13823
that would affect this project's consistency with the required findings for
Tentative Tract Map approval.
2. 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 Map 13823.
3. This agreement is for the purpose of carrying out the development
approvals for the project in a manner that will ensure certain anticipated
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benefits to both City and owner. The City will receive both direct and
indirect benefits from the project, including:
a. Creating an opportunity for the comprehensive planning and
development of a 35 -acre area within the City which integrates a
mixture of land uses in an environmentally, socially, and
economically responsible way; and,
b. Insuring that the 22 -acre area which is designated as Lot 13 is not
developed with more than one (1) residential unit and that a deed
restriction shall be recorded with the Final Tract Map precluding
any further subdivision of Lot 13; and,
c. Integrating an equestrian/hiking trail linkage along the project's
perimeter connecting riders with adjacent developments and
located so as to be consistent with the City's Master Plan of Trails.
SECTION 2. Approval of Agreement.
The City Council approves the Development Agreement for Tentative Tract
Map 13823.
passage.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 4. 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 15th day of September ,
1992.
ATTEST:
CITY CLERK--'
L—
IL 7 S, MAYOR
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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. 713 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on September 1st , 1992, and adopted at
a meeting held on September 15th, 1992, by the following vote:
AYES: Councilmen Hausdorfer, flarris, Vasquez and Mayor Jones
NOES: None
ABSTAIN: Councilman Friess
ABSENT: None
(SEAL)
CHERYL JOHNSOW, CITY CLERK
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