PC Resolution-09-10-13-02PC RESOLUTION NO. 09-10-13-02
REZONE (RZ 09-002) FOR ANNEXATION CA 09-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING THAT THE CITY COUNCIL APPROVE THE NOTICE
OF EXEMPTION AND APPROVE REZONE (RZ) 09-002 TO AMEND THE OFFICIAL
ZONING MAP BY ESTABLISHING THREE (3) ZONES IN FOUR (4) PLANNING AREAS
TO INCLUDE GENERAL OPEN SPACE (GOS), OPEN SPACE RECREATION (OSR),
AND NATURAL OPEN SPACE (NOS) AS IDENTIFIED ON THE ATTACHED LOCATION
MAP (EXHIBIT A) FOR THE 132 -ACRE ANNEXATION, CA 09-17 (APN'S 125-172-07 &
125-172-17.)
Whereas, the City of San Juan Capistrano has entered into a Purchase and
Sale Agreement (PSA) with Rancho Mission Viejo to acquire the 132 acre property
described above; and
Whereas, the subject 132 acre parcel is irregular in shape and located south
of Ortega Highway, north of San Juan Hills High School, west of La Pata Avenue, and east
of the current City limits;
Whereas, the City of San Juan Capistrano intends to maintain and preserve
the existing equestrian, park, recreation and open space uses on the subject property with
no development proposed; and
Whereas, Rancho Mission Viejo supports.the annexation and has partnered
with the City of San Juan Capistrano in submitting an annexation and sphere of influence
adjustment application to the Local Agency Formation Commission (LAFCO); and
Whereas, the County of Orange supports the annexation; and
Whereas, the City Council of the City of San Juan Capistrano on September
15, 2009 authorized staff to submit an annexation application (CA 09-17) and initiate a
General Plan Amendment; and
Whereas, the City of San Juan Capistrano has formally submitted annexation
application to the Local Agency Formation Commission (LAFCO) CA 09-17; and
Whereas, LAFCO has notified the City in order for the annexation application
to be deemed complete the City must rezone the subject property; and
Whereas, the Environmental Administrator has evaluated the rezone and has
determined that the project is categorically exempt pursuant to general rule 15061(b)(3)
and Class 16, Transfer of Ownership of Land in Order to Create Parks; Class 19
Annexations of Existing Facilities and Lots for Exempt Facilities; and Class 25 Transfers of
Ownership of Interest in Land to Preserve Existing Natural Conditions; and
PC Resolution — Rezone (RZ) 09-002 2 October 13, 2009
Whereas, the adjacent properties to the west within the City limits have
existing zoning designations consistent and compatible with the proposed open space
zoning designations; and
Whereas, the General Open Space (GOS), Natural Open Space (NOS), and
Open Space Recreation (OSR) zones are all consistent with the General Open Space
(GOS) San Juan Capistrano General Plan land use map designation; and
Whereas, the San Juan Capistrano Planning Commission conducted a duly
noticed public hearing, considered all public oral and written comments and recommended
approval of Rezone (RZ) 09-002 on October 13, 2009.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds
the proposed rezone is consistent with the General Plan Land Use Map designation and
the requirements for findings as outlined in the Land Use Code, Title 9.
BE IT FURTHER RESOLVED, that the Planning Commission of the City of
San Juan Capistrano hereby recommends that the City Council approve the Notice of
Exemption and approve Rezone (RZ) 09-002 to amend the official zoning map establishing
three (3) zones in four (4) planning areas to include General Open Space (GOS), Natural
Open Space (NOS), and Open Space Recreation (OSR) for the subject 132 acre parcel
(APN 125-172-07 & 125-172-17) prior to annexation pursuant to attached Exhibit A.
PASSED, APPROVED AND ADOPTED this 13th day of October, 2009, by
the following vote, to wit:
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioners Neely, Kerr,
Williams, Mocalis, and Tartarian.
NOES: None
ABSTAIN: None
ABSENT: None
Sheldon Cohen, Chair
Grant Taylor, A istant Community Development
Director
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