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Ordinance Number 634257 ORDINANCE NO. 634 APPROVING DEVELOPMENT AGREEMENT WARBELLA) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE MARBELLA GOLF AND COUNTRY CLUB PROJECT THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Intent and Findings. The City Council finds and determines that it is appropriate to enter into a Development Agreement pursuant to development agreement legislation of state law (Government Code Sections 65864 et. seq.) for that real property more commonly referred to as the Marbella Golf and Country Club Project so as to ensure that this approved project is completed in the manner intended by the owner and the City. This agreement is for the purpose of carrying out the development approvals for the project in a manner that will ensure certain anticipated benefits to both City and owner. The City will receive both direct and indirect benefits from the project including. (a) Ensuring development of a comprehensive planning effort for a significant land area with the City which integrates a mixture of land uses in an environmentally, socially, and economically responsible way; (b) Creation of a championship golf course; (c) Reserving approximately one-third (1/3) of the property for natural open space; (d) Preserving natural vegetation; (e) Integrating an equestrian/hiking trail linkage; (f) Facilitating the development of a new fire station; (g) Securing off-site road improvements to Rancho Viejo Road; and, (h) Contributions toward off-site bridge improvements to Trabuco Creek Bridge. SECTION 2. Finding of Consistency with General Plan. The City Council hereby finds that this Development Agreement is consistent with all elements of the City's General Plan. SECTION 3. Environmental Findings. The Environmental Impact Report previously certified by the City Council is adequate to serve as the required environmental documentation for this Agreement and satisfies all requirements of CEQA. -1- SECTION 4. Approval of Agreement. Accordingly, the City Council hereby approves the Development Agreement for the Marbella Golf and Country Club Project, marked as Exhibit A and incorporated herein by reference. passage. SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its SECTION 5. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published once as required by law and posted at the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED, AND ADOPTED this 4th day of October 1988. 4AA.HAUSD0RFER,AYOR ATTEST: Md. ����� ter!✓ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, 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. 634 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on September 20th , 1988, and adopted at a meeting held on October 4th , 1988, by the following vote: AYES: Councilmen Schwartze, Bland, and Mayor Hausdorfer NOES: ` None ABSENT: None ABSTAIN: Councilmen Friess, and Buchheim (SEAL) MARY AN"ANOVER, CITY CLERK -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLISHING MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California, ORDINANCE NO. 634 , being: APPROVING DEVELOPMENT AGREEMENT (MARBELLA) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE MARBELLA GOLF AND COUNTRY CLUB PROJECT was published in the Capistrano Valley News newspaper on the 13th day of Octobex , 1988, and in further compliance with City Resolution No. 83-12-20-3, on October 6th , 1988, was caused to be posted in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. MARY AN XNOVER, CITY CLERK San Juan apistrano, California -3-