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Ordinance Number 728offil ORDINANCE NO. 729 APPROVING REZONE 91-2 (CONCORDE DEVELOPMENT) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 91-2, FROM GROWTH MANAGEMENT (GM) TO SINGLE-FAMILY DISTRICT (RS) AND OPEN SPACE PRESERVATION DISTRICT (OS) (CONCORDE DEVELOPMENT) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HER ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: 1. The applicant, Concorde Development, 19752 MacArthur Boulevard, Suite 240, Irvine, California 92714, has submitted Rezone 91-2, proposing to change the zone on a 99 -acre property from Growth Management (GM) to Single -Family District (RS) to allow 10,000 -square -foot residential lots on approximately 35 acres and to Open Space Preservation District (OS) on approximately 63 acres, located at the northerly terminus of Camino Las Ramblas and described as Assessor's Parcel Numbers 124-081-34 and 675-311-01 and 675-321-01. 2. The City's Environmental Review Board determined that the proposed project may have a significant effect on the environment and has accordingly required preparation of a Subsequent Environmental Impact Report and a Mitigation Monitoring Program and has otherwise carried out ail requirements of the California Environmental Quality Act. 3. The Planning Commission held a duly -noticed public hearing on December 8, 1992, which was continued to January 12, 1993, and February 9, 1993, and at the direction of the City Council, the Commission reviewed the project again at a public hearing on March 23, 1993. 4. The City Council held a duly -noticed public hearing on March 2, 1993, which was continued to April 6, 1993. 5. The City Council finds that: a. The proposed Single Family District (RS), as conditioned, is consistent with the General Plan Designation of Residential- very low (1.1) because the proposed density of .80 units per acre is less than the General Plan Density of one unit per acre. b. The proposed Single Family District (RS) and Open Space Preservation District (OS), as conditioned, is consistent with the General Plan Land Use designation as shown by the Zoning consistency Matrix of the Municipal Code, Section 9-2.101, Consistency of Projects with the General Plan. M C. The proposed Open Space Preservation District (OS), constituting over 60% of the property, is consistent with the General Plan Resource Preservation Objective of preserving coastal sage -scrub plant and wildlife habitat as an area of primary importance. SECTION 2. Zone Change. Based on the findings set forth in Section 1, preceding, the City Council hereby approves Rezone 91-2, as depicted in Exhibit .A attached hereto, and made a part hereof by reference, subject to the following condition: passage. An open space easement and all development rights on all portions of the site including all of Lot #6 located above the 485 -foot contour elevation not approved for residential lots, public improvements, fuel modification zones or manufactured slopes shall be dedicated to the City. Uses in the open space easement shall be limited to natural open space with no structures of any kind permitted. All property thus restricted, with the exception of Lot #6, shall be retained under Homeowner Association ownership. 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 posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as 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 20th day of April 1993. GIL JONES, MAYOR ATTEST: -2- 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. 728 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on April 6th , 1993, and adopted at a meeting held on April 20th , 1993, by the following vote: AYES: Council Members Nash, Iiausdorfer, Campbell and Mayor Jones NOES: CoIlncil Member Vasquez ABSTAIN: None ABSENT: None (SEAL) CHERYL JCVNWN, CITY CLERK -3- ♦ t nFem-B"Y 0 v m �.» _ — o 4J -- — - 4 ..- ♦ t nFem-B"Y 0 v m �.»