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Ordinance Number 893ORDINANCE NO. 893 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE PACIFICA SAN JUAN PROJECT (SJD PARTNERS, LTD.) The City Council of the City of San Juan Capistrano hereby ordains as follows: RECITALS: WHEREAS, the City Council of the City of San Juan Capistrano approved a development agreement for a development project referred to as the Pacific Point Project, and now known as the Pacifica San Juan Project, on August 6, 1992, and WHEREAS, the August 6, 1992 development agreement was between the City and SJD Partners' predecessor in interest, and WHEREAS, land use regulations for the project were revised by the approval of a revised subdivision tentative map (VTTM 15609) and amended CDP Plan 81-01 on September 16, 2003, and WHEREAS, the City Council now finds it appropriate to amend and restate the August 6, 1992 development agreement by reason of the September 16, 2003 revised land use approvals for the project, and WHEREAS, the City Council finds that the Development Agreement is consistent with all General Plan elements, and WHEREAS, the EIR previously prepared and certified by the City Council for this projects is adequate to serve as required environmental documentation for the development agreement and satisfies all requirements of CEQA, NOW THEREFORE, pursuant to Government Code sections 65864 et seq., the City Council does hereby approve and adopt the "Amendment and Restatement of Development Agreement for the Pacifica San Juan Project Between the City of San Juan Capistrano and SJD Partners, Ltd.", which is attached as Exhibit A, and incorporated herein by reference. The Mayor is hereby authorized to execute said agreement on behalf of the City of San Juan Capistrano. 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 1 06-15-2004 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. 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 is a true and correct copy of Ordinance No. 893 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 15`h day of June 2004 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 6th day of July 2004 by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES COUNCIL MEMBERS: ABSENT: COUNCIL MUMBERS,: il Allevato, Swerdlin, Hart, and Mayor Soto None Abstaip �atZ-f(�A�r'E lerk 06-15-2004