Ordinance Number 964AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING THE NOTICE OF EXEMPTION AND
APPROVING REZONE (RZ) 09-02 TO AMEND THE OFFICIAL ZONING
MAP BY ESTABLISHING THREE (3) ZONE DISTRICTS 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 AREA FROM UNINCORPORATED COUNTY OF
ORANGE (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 09-19 to include a
coterminous expansion of the General Plan Sphere of Influence that was approved by the
LAFCO Board on December 9, 2009; 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),
Class 13, Acquisition of Lands for Wildlife Conservation Purposes; Class 15, 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
0964
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, on October 13, 2009 the San Juan Capistrano Planning
Commission unanimously recommended that the City Council adopt a Notice of Exemption
and adopt an ordinance approving Rezone (RZ) 09-02; and
Whereas, on December 1, 2009 the San Juan Capistrano City Council
conducted a duly noticed public hearing, considered all public oral and written comments
and introduced this ordinance for first reading approving Rezone (RZ) 09-02;.
Whereas, on December 15, 2009 the San Juan Capistrano City Council
adopted this ordinance at a regularly scheduled meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Environmental Review
The City Council determines that the rezone will have no impacts on the
environment, is categorically exempt from the California Environmental Quality Act (CEQA)
Guidelines, and adopts the Notice of Exemption.
SECTION 2. Rezone
The City Council approves Rezone (RZ) 09-02 to amend the official zoning map
establishing three (3) zone districts 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) for annexation from
unincorporated Orange County pursuant to attached Exhibit A.
SECTION 3. Validity of Ordinance
If any part of this ordinance is held to be invalid for any reason, such decision shall
not affect the validity of the remaining portion of this Ordinance, and this City Council
hereby declares that it would have passed the remainder of this ordinance if such invalid
portion thereof had been deleted.
0 964
SECTION 4.
Effective Date
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 5. Cily 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 an against the same, in the Office of the
City Clerk.
PASSED, APPROVED AND ADO
STATE OF CALIFORNIA
DR. LONDR�---& USO,
day of December, 2009,,
0 964
COUNTY OF ORANGE )SS.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, 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. 964 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 1St day of December 2009 and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 15th day of
December 2009 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese, and Mayor Uso
NOES`j NCIL MEMBERS: None
ABSEN : C ; NCIL MEMBERS: None
S, City
STATE OF CALIFORNIA j
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO j
AFFIDAVIT OF POSTING
I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City
Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California, on the 2"d day of December 2009, at least
5 days prior to December 15, 2009, the date of adoption of the ordinance, I caused to be
posted, in the City Clerk's Office a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING THE NOTICE OF EXEMPTION AND
APPROVING REZONE (RZ) 09-02 TO AMEND THE OFFICIAL ZONING
MAP BY ESTABLISHING THREE (3) ZONE DISTRICTS IN FOUR (4)
PLANNING AREAS TO INCLUDE GENERAL OPEN SPACE (GOS), OPEN
SPACE RECREATION (OSR), AND NATO Al- O: EN SPACE (NOS) AS
IDENTIFIED ON THE ATTACHED LOCAT'IC N MA(EXHIBIT A) FOR THE
132 -ACRE ANNEXATION AREA FRC M'U N O PORATED COUNTY OF
ORANGE (APN`S 125.172-07 & 125--172 1,;)
MARaIW,, ORRIS, Clic CLERK
San Juan Capistrano alifornia
4 0 964
STATE OF CALIFORNIA j
COUNTY OF ORANGE j SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City
Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(l) of the State of California. On the 17�h day of December 2009 I
caused to be posted, in the City Clerk's office, a certified copy of Ordinance No. 964,
adopted by the City Council on December 15, 2009 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING THE NOTICE OF EXEMPTION AND
APPROVING REZONE (RZ) 09-02 TO AMEND THE OFFICIAL ZONING
MAP BY ESTABLISHING THREE (3) ZONE DISTRICTS 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 Iv (XHIBIT Aj FOR THE
132 -ACRE ANNEXATION AREA FROM UN'1NC Q TSD COUNTY OF
ORANGE (APN'S 125-172-07 & 125.172=17.} F
MARIA\yi9 �I ,IC -i1 -Y CI
San Juan Capistrano, Cal
0 964
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