PC Resolution-04-09-28-01PLANNING COMMISSION RESOLUTION NO. 04-9-28-1
GPA 04-01 AND RZ 04-05:
WHISPERING HILLS GENERAL PLAN AMENDMENT AND PREZONING
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO RECOMMENDING APPROVAL OF A
GENERAL PLAN AMENDMENT AND PREZONING FOR WHISPERING
HILLS ESTATES
WHEREAS, in July of 2004, the San Juan Capistrano City Council approved the
Whispering Hills Estates project, including a Planned Community Comprehensive
Development Plan and Vesting Tentative Tract Map 16634, a subdivision with 155
single family residential lots plus open space lots, and
WHEREAS, one of the conditions of approval of the preceding tentative tract
map requires annexation of the 33-acrek strip of land between the present City
boundary and La Pata Avenue, and,
WHEREAS, accordingly, Whispering Hills LLC, 19700 Fairchild Road, Suite 120,
Irvine, CA 92612, has filed an application with the City of San Juan Capistrano for
approval of applications to add the preceding strip of land to the City’s General Plan as
“GOS” (General Open Space) and to the Official Zoning Map as “PC” (Planned
Community), prior to annexation, these applications having been designated General
Plan Amendment (GPA) 04-01 and Rezone (RZ) 04-05, respectively, and L
WHEREAS, the Planning Commission has conducted a duly-noticed public
hearing regarding the preceding land use applications, and
WHEREAS, on May 21, 2002, the City Council certified a Final Environmental
Impact Report (FEIR) for the previous more intensive residential project and certified an
EIR Addendum on July 20,2004 to update the earlier FEIR. The scope of the FEIR and
Addendum includes the present GPA, prezoning and annexation.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the
City of San Juan Capistrano hereby forwards GPA 04-01 and Rezone RZ 04-05 to the
City Council with the following findings and recommendations:
Section I : Findings Regarding Environmental Review.
The Planning Commission hereby finds that none of the conditions identified in
CEQA Guidelines Section 15162(a) requiring preparation of a subsequent EIR
have occurred, that all potentially significant effects of the Whispering Hills
project and the present GPA, prezoning and annexation have been adequately
analyzed, and that potentially significant impacts have been avoided or mitigated
t
Resolution No. 04-9-28-1
Page 2
September 28,2004
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pursuant to the earlier certified EIR. Therefore, no new environmental
documentation is required.
Section 2: Findinns Regarding General Plan Amendment.
The Planning Commission hereby finds that the “General Open Space” General
Plan designation should be applied to the annexation area in order to maintain
consistency with the use of the property as an electric transmission corridor, with
the land uses designated for the area in the approved Comprehensive
Development Plan for the property, and with the following General Plan Goals:
0 Land Use Goal 4: “Preserve major areas of open space and natural
features.”
0 Conservation & Open Space Goal 4: “Prevent incompatible development in
areas which should be preserved for scenic, historic, conservation, or public
safety purposes.”
Section 3: Findinns Regardinn Prezoninrr.
The Planning Commission hereby finds that the property should be prezoned
“PC” and added to the Whispering Hills Planned Community on the Official
Zoning Map in order to maintain consistency with the preceding “General Open
Space” General Plan designation, per the Land Use Code’s “Zoning Consistency
Matrix” (LUC Table 2-1 ), and with the adopted Comprehensive Development
Plan (CDP 04-01) land use regulations on the property.
Section 4: Planninn Commission Recommendation.
In light of the preceding findings, the Planning Commission recommends that the
City Council:
1. Find that all potentially significant effects of the present GPA, prezoning
and annexation have been adequately analyzed, that potentially
significant impacts have been avoided or mitigated pursuant to the
earlier certified EIR, and that, therefore, no new environmental
documentation is required.
2. Approve GPA 04-01 AND RZ 04-05, as shown on Exhibit A, attached
hereto.
PASSED, APPROVED AND ADOPTED this 28* day of September, 2004 by the
following vote, to wit:
Resolution No. 04-9-28-1
Page 3
September 28,2004
- AYES: Commissioners Cohen, Drey, Ratcliffe, and Vice-chairman Cardoza
NOES: None
ABSENT: Chairman Neely
ABSENT: None
Mlly B#h, Secretary
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FC Resolution No. 04-9-28-1
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EXHIBIT A: WHISPERING HILLS GPA AND
PREZONING