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Resolution Number 15-01-20-02 RESOLUTION NO. 15-01-20-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING RESOLUTION 14-11-18-10 APPROVING A REFERENDUM AGAINST APPROVAL OF (1) A MITIGATED NEGATIVE DECLARATION (MND); (2) CONDITIONALLY APPROVING TENTATIVE TRACT MAP (TTM) 17626, CONDITIONAL USE PERMIT(CUP) 13-08,ARCHITECTURAL CONTROL(AC) 13-23, GRADING PLAN MODIFICATION (GPM) 13-03, TREE REMOVAL PLAN, AND HTC FORM BASED CODE ADMINISTRATIVE MODIFICATIONS TO THE "TC" (TOWN CENTER) ZONE DISTRICT'S STANDARDS TO ALLOW A THIRD STORY MEZZANINE FOR RESIDENTIAL STRUCTURES AND TOALLOW FOR A REDUCED REAR YARD SETBACK FOR THE RESIDENTIAL STRUCTURES LOCATED ALONG THE PRIVATE STREET; AND (3) APPROVING THE REQUEST FOR A HTC FORM BASED CODE ADMINISTRATIVE MODIFICATION TO THE"TC" (TOWN CENTER)ZONE DISTRICT'S STANDARDS TO REDUCE THE HOTEL PARKING STANDARD FROM 1.0 TO 0.8 SPACES PER GUEST ROOM WHEREAS, the City Council adopted Resolution 14-11-18-10 approving a Mitigated Negative Declaration, Tentative Tract Map 17626, Conditional Use Permit 13-08, Architectural Control 13-23, Grading Plan Modification 13-03, Tree Removal Plan, and HTC Form Based Code Administrative Modifications for the Urban Village — San Juan Hotel and Villas, a proposed mixed use project including commercial-retail uses, hotel use, and residential uses on a 3.17 acre parcel located at 31882, 31878, and 31872 Camino Capistrano; and, WHEREAS, a referendum petition protesting the City Council's approval of the Mitigated Negative Declaration, Tentative Tract Map 17626, Conditional Use Permit 13-08, Architectural Control 13-23, Grading Plan Modification 13-03, Tree Removal Plan, and HTC Form Based Code Administrative Modifications has been filed with the City Clerk with sufficient signatures pursuant to the State Elections Code; and, WHEREAS, the Elections Code authorizes the City Council to approve the referendum petition at the City Council's discretion. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL that the referendum petition filed with the City Clerk on December 23, 2014, is hereby approved, and accordingly, City Council Resolution 14-11-18-10 is hereby repealed. �h -z Page 1 of 2 PASSED, APPROVED, AND ADOPTED on the 20th day of January 2015. DEREK REEVE, MAYOR ATTPS . i MARIA11bRblS, CI Y Cl RK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 15-01-20-02 was duly adopted bythe City Council of the City of San Juan Capistrano at an Adjourned Regular meeting thereof, held the 20th day of January 2015, by the following vote: AYE COUNCIL MEMBERS: Byrnes, Ferguson, Patterson and Mayor Reeve NO S COUNCIL MEMBER: Allevato AB$E . : �, COUNCIL MEMBER: None MARM 1 CAO RIS, CAy erk Page 2 of 2