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Ordinance Number 856193 ORDINANCE NO. 856 Rezone (RZ) 01-02 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP TO DESIGNATE A 5.09 ACRE PARCEL LOCATED IN UNINCORPORATED ORANGE COUNTY AS "OS" (OPEN SPACE PRESERVATION) ZONE DISTRICT. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. Whereas, Silver Creek Slide, Inc., representing seven homeowners in the Stoneridge neighborhood, has requested approval of General Plan Amendment (GPA) and Rezone (RZ) applications for 5.09 acres of property presently situated in unincorporated Orange County and the subject of a conveyance from Rancho Mission Viejo to the property owners; and these actions are the final step in a process involving remediation of a landslide that occurred during the winter of 1995-1996 and are required for the Local Agency Formation Commission (LAFCO) to process; and, Whereas, staff has identified the General Plan Land Use Element designation of "1.6, Natural Open Space (NOS)," and a Zoning Map classification of "OS" (open space preservation) Zone District as the most appropriate designation for the subject property; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 of the CEQA Guidelines, has issued a negative declaration pursuant to Section 15070 of the CEQA Guidelines; has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of the CEQA Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and all mitigation measures have been included herein as conditions of approval; and, Whereas, the proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Land Use Element, the Conservation and Open Space Element, and the Safety Element because the project will establish a General Plan land use designation for the property which is consistent with the intent to retain the subject property in an undeveloped condition and consistent with the natural landslide hazard associated with the property; and, se 14 Whereas, the proposed project is consistent with the privately -established Conditions, Covenants, & Restrictions established by Rancho Mission Viejo which limit the property to natural open space use and prohibit grading or physical development of the area. SECTION 2. Amendment Text. Based upon the findings set forth in Section 1, preceding, the City Council hereby amends the Official Zoning Map to designate the subject 5.09 acre property with a "OS" (open space preservation) Zone District" classification as reflected in Exhibit A. 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 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. ATTEST: CITY CLERK PASSED, APPROVED AND ADOPTED this 19th day of June, 2001. /.G!/L is WYA HART, MAYOR -2- EXHIBIT A Sketch to Accompany Legal Description SV5-- C\�C�-� •" 72 �60SG'Tc IF ES "OS",(open space preservation) Zone District" "ES" (small estate -residential) Zone District f I� 0 •E oS ©HUNSAKER & ASSOCIATES ° I R V I N E I N C PVNNINC ENGINEERING SURVEYINC Thw H 9 • Imp, U 92al$ • PIi1999) M)-1010 • R (109) 5010759 UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE STATE OF CALIFORNIA o"r 0_9_99 o:R — — — e`V. Edge a",° R. Williams SCALE: 7"= 150' W.O. 2426-1T "` I \ST0NEP.,IDLE\LD\4806\SHTOI.DWG :°C ACAD—MC H&A LEGAL No 48061 SHEET 1 OF 1 195 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Ordinance No. 856 was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 5th day of June 2001 and that thereafter, said Ordinance way duly adopted an passed at a Regular Meeting of the City Council on the 19th day of June 2001 by the following vote, to wit: AYES: COUNCIL MEMBERS: Greiner, Gelff, Swerdlin and Mayor Hart NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bathgate MR RET R. MONAHAN, City Clerk