Ordinance Number 11051 O 1105
ORDINANCE NO. 1105
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-001 TO
AMEND THE MAMMOTH OFFICES PLANNED COMMUNITY
COMPREHENSIVE DEVELOPMENT PLAN 90-02 TO ADD CHURCHES,
WITH UP TO FOUR ANCILLARY RESIDENCES WHICH SHALL BE
RESTRICTED TO USE FOR EMPLOYEES AND ARE NOT TO BE
CHARGED RENT, WITH APPROVAL OF A CONDITIONAL USE PERMIT,
AND REMOVING ALL OTHER USES OTHER THAN
TELECOMMUNICATIONS TOWERS WITH APPROVAL OF A
CONDITIONAL USE PERMIT AT THE PROPERTIES LOCATED AT 29402
RANCHO VIEJO ROAD (ASSESSOR’S PARCEL NUMBERS 650-011-34
& 650-011-39) (APPLICANT: THE PRS GROUP, PHILLIP SCHWARTZE)
(PROPERTY OWNER: GRACE INTERNATIONAL), AND DETERMINE
THAT THE PROJECT IS EXEMPT FROM CEQA REVIEW PURSUANT TO
THE COMMON SENSE EXEMPTION
WHEREAS, PRS Group, on behalf of Grace International, has requested approval
of CA 20-001 to add Church uses, with up to five ancillary residences for employees, to
the list of permitted uses with approval of a Conditional Use Permit within Mammoth
Offices Planned Community Comprehensive Development Plan (CDP) 90-02 29402
Rancho Viejo Road (APNs: 650-011-34 & 39). CDP 90-02, generally located on the on
the east side of Rancho Viejo Road north of Spotted Bull Lane, has a General Plan Land
Use Designation of Public & Institutional and a Zoning Designation of Planned
Community; and; and,
WHEREAS, Grace International is the owner of real property located at 29402
Rancho Viejo Road (APNs: 650-011-34 & 650-011-39); and,
WHEREAS, on August 17, 2021, the City Council approved the initiation of an
Amendment to Mammoth Offices Planned Community Comprehensive Development
Plan 90-02 (Code Amendment 20-001), thereby directing staff to conduct an appropriate
study of proposed amendments; and,
WHEREAS, as the project is currently proposed, the Applicant seeks approval to
amend the Mammoth Offices Planned Community Comprehensive Development Plan 90-
02 to allow church uses, with up to five ancillary residences for employees, with approval
of a conditional use permit (“Project”); and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.309, Amendment of the Land Use Code, of Title 9, Land Use Code of the City of San
Juan Capistrano (“City”); and,
WHEREAS, pursuant to Section 21067 of the Public Resources Code, and Section
15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City
is the lead agency for the proposed Project; and,
2 O 1105
WHEREAS, the Planning Commission conducted a duly-noticed public hearing on
September 28, 2022, pursuant to Section 9-2.309(d)(3), of Title 9, Land Use Code of the
City of San Juan Capistrano and City Council Policy 5 to consider public testimony on the
proposed Project, considered all relevant public comments, and, by a 4-0 vote,
recommended approval of the Project, including the CEQA exemption determination, to
the City Council; and,
WHEREAS, on October 18, 2022, the City Council held a duly noticed public
hearing to consider this Ordinance and the Project and, following receipt of all written and
oral public comments, the City Council closed the public hearing, considered the evidence
presented, and deliberated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of San Juan Capistrano hereby finds and
determines that all of the above Recitals are true and correct and incorporates such
Recitals into this Ordinance as if fully set forth herein.
SECTION 2. CEQA. Based upon its review of the entire record before it, the City Council
of the City of San Juan Capistrano hereby finds that pursuant to the California
Environmental Quality Act and the State CEQA Guidelines that the Project is exempt from
further review under State CEQA Guidelines, section 15061(b)(3). The Project qualifies
for the common sense exemption under State CEQA Guidelines, section 15061(b)(3)
because the addition of a church use within the CDP, is consistent with the uses permitted
within the CDP, specifically it is similar to the public & semi-public buildings, such as
libraries, museums, art galleries, and governmental buildings permitted by right within the
CDP; makes the CDP more consistent with the General Plan, which specifically identifies
Public & Institutional zones as appropriate for churches, and the City’s base zoning code,
which permits churches in every zone except Town Center and Town Center Edge, with
approval of Conditional Use Permit, and caretakers residences as accessory uses in
every zone except Town Center Edge; and, the proposed zone change impacts vacant
properties which, if development is pursued, project specific CEQA analysis will occur to
assess the required entitlements, which make it so that it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment. The City Council hereby directs staff to prepare, execute and file with the
Orange County Clerk-Recorder a notice of exemption within five (5) working days of the
approval of this Ordinance.
SECTION 3. Findings for Approval of Code Amendment 20-001. The City Council
does hereby make the following findings as established by Section 9-2.309(e) of Title 9,
Land Use Code of the City of San Juan Capistrano:
(1)The proposed Land Use Code amendment conforms with General Plan Land Use
Goal 2, Control and direct future growth within the City to preserve the rural village-
like character of the community, because the amendment will diversify the land
3 O 1105
use composition without diverting from the City’s long range General Plan for the
area to be developed by Public & Institutional uses, by adding a church use which
is compatible with the existing land uses and General Plan and ensuring each
proposed use remains compatible with the existing and future land uses and
character of the City, as well as ensuring adequate public facilities and services
through future Conditional Use Permits.
(2)The amendment is necessary to implement the General Plan and to provide public
convenience because the additional uses expands the allowed uses of the
Planned Community to be more consistent with the Public & Institutional Land Use
designation which “provides for schools, churches, fire stations, community
centers, utility substations and office complexes. Other uses that are determined
to be compatible with primary uses may also be allowed,” and would provide for
public convenience by increasing the ability of the two properties to attract a new
use that could provide a convenience to the public while remaining compatible with
the surrounding uses through assessment of a future Conditional Use Permit.
(3)The proposed Land Use Code amendment conforms with the intent of the
Development Code because the purpose of CDP 90-02 is to: A. Provide
development concepts and permitted land uses for approximately 18 acres located
on the east side of Rancho Viejo Road south of Via Escolar in order to facilitate
implementation of the Land Use and other elements of the General Plan; and, B.
To provide for the utilization of innovative land planning and building design as a
means of achieving high quality, variety, flexibility and efficiency in design for the
designated property; and, C. To ensure high quality unobtrusive development
design at this gateway to the City. The properties in this CDP are highly visible
from both the I-5 freeway and the San Joaquin toll road and are among the first
views drivers experience as they enter San Juan Capistrano. As such, projects
must be of high quality and designed to blend into the natural terrain and their
visual backdrops. The addition of a church use allows the properties to attract
additional uses similar to those currently allowed within CDP 90-02 and consistent
with the General Plan Land Use Designation and does not propose to modify any
development or design standards of the zoning. Furthermore, the use and ultimate
development design will be reviewed and considered by the City through
entitlement reviews of a Conditional Use Permit, Architectural Control, and Grading
Plan Modification which will ensure that the use, site planning, and buildings
proposed for development meet the purpose and intent of CDP90-02.
(4)The proposed Land Use Code amendment is reasonable and beneficial at this time
because it encourages orderly development. Furthermore, the proposed addition
of church uses is reasonable in that they conform to the General Plan and to the
purpose and intent of CDP 90-02.
SECTION 4. Mammoth Offices Planned Community Comprehensive
Development Plan 90-02.
4 O 1105
The proposed amendment to Mammoth Offices Planned Community
Comprehensive Development Plan 90-02, and bearing the file number as follows:
Code Amendment (CA) 20-001
is hereby approved, and hereby adopted by the City Council and incorporated as part of
this Ordinance as Exhibit A.
SECTION 5. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall
not affect the validity of the remaining portions of this Ordinance or any part hereof. The
City Council of the City of San Juan Capistrano hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 6. Publication.
The City Clerk is hereby directed to cause the following summary of this Ordinance
to be published by two (2) insertions in the Capistrano Valley News, a newspaper of
general circulation that is printed, published, and circulated in the City of San Juan
Capistrano.
SECTION 7. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk
shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted
and published in the manner required by law.
SECTION 8. Location and Custodian of Records.
The documents and materials that constitute the record of proceedings on which
this Ordinance is based are located at the City Clerk’s office located at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675. The custodian of these records is the
City Clerk.
SECTION 9. 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
5 O 1105
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.
PASSED APPROVED AND ADOPTED this 1st day of November 2022.
DEREK REEVE, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Ordinance No. 1105 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 18th day of October 2022 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 1st day of November 2022 by
the following vote, to wit:
AYES: COUNCIL MEMBERS: Bourne, Farias, Taylor, and Mayor Reeve
NOES: COUNCIL MEMBERS: Mayor Pro Tem Hart
ABSENT: COUNCIL MEMBERS: None
_____________________________________
MARIA MORRIS, CITY CLERK
6 O 1105
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 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(1) of the State of
California, on the 20th day of October 2022, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-001 TO
AMEND THE MAMMOTH OFFICES PLANNED COMMUNITY
COMPREHENSIVE DEVELOPMENT PLAN 90-02 TO ADD CHURCHES,
WITH UP TO FOUR ANCILLARY RESIDENCES WHICH SHALL BE
RESTRICTED TO USE FOR EMPLOYEES AND ARE NOT TO BE
CHARGED RENT, WITH APPROVAL OF A CONDITIONAL USE PERMIT,
AND REMOVING ALL OTHER USES OTHER THAN
TELECOMMUNICATIONS TOWERS WITH APPROVAL OF A
CONDITIONAL USE PERMIT AT THE PROPERTIES LOCATED AT 29402
RANCHO VIEJO ROAD (ASSESSOR’S PARCEL NUMBERS 650-011-34
& 650-011-39) (APPLICANT: THE PRS GROUP, PHILLIP SCHWARTZE)
(PROPERTY OWNER: GRACE INTERNATIONAL), AND DETERMINE
THAT THE PROJECT IS EXEMPT FROM CEQA REVIEW PURSUANT TO
THE COMMON SENSE EXEMPTION
This document was posted in the Office of the City Clerk
________________________________
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 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(1) of the State of
California.
7 O 1105
On the 3rd day of November 2022, I caused to be posted a certified copy of Ordinance
No. 1105, adopted by the City Council on November 1, 2022, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING CODE AMENDMENT (CA) 20-001 TO AMEND THE MAMMOTH
OFFICES PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN
90-02 TO ADD CHURCHES, WITH UP TO FOUR ANCILLARY RESIDENCES
WHICH SHALL BE RESTRICTED TO USE FOR EMPLOYEES AND ARE NOT
TO BE CHARGED RENT, WITH APPROVAL OF A CONDITIONAL USE
PERMIT, AND REMOVING ALL OTHER USES OTHER THAN
TELECOMMUNICATIONS TOWERS WITH APPROVAL OF A CONDITIONAL
USE PERMIT AT THE PROPERTIES LOCATED AT 29402 RANCHO VIEJO
ROAD (ASSESSOR’S PARCEL NUMBERS 650-011-34 & 650-011-39)
(APPLICANT: THE PRS GROUP, PHILLIP SCHWARTZE) (PROPERTY
OWNER: GRACE INTERNATIONAL), AND DETERMINE THAT THE PROJECT
IS EXEMPT FROM CEQA REVIEW PURSUANT TO THE COMMON SENSE
EXEMPTION
This document was posted in the Office of the City Clerk
________________________________
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
EXHIBIT A
MAMMOTH OFFICES PLANNED COMMUNITY
COMPREHENSIVE DEVELOPMENT PLAN 90-02
Adopted: August 7, 1991 (Ordinance #683)
Amended: May 20, 1997 (Ordinance #797)
May 11, 2004 (PC Resolution 04-5-11-1)
May 6, 2014 (Ordinance #1014)
November 1, 2022 (Ordinance #1105)
City of San Juan Capistrano
Planning Department
32400 Paseo Adelanto
San Juan Capistrano 92675
Comprehensive Development Plan 90-02
Mammoth Equities P.C. page 2
I.PURPOSE AND INTENT
The purpose and intent of this Comprehensive Development Plan is to:
A.Provide development concepts and permitted land uses for approximately 18
acres located on the east side of Rancho Viejo Road south of Via Escolar in
order to facilitate implementation of the Land Use and other elements of the
General Plan; and
B.To provide for the utilization of innovative land planning and building design as a
means of achieving high quality, variety, flexibility and efficiency in design for the
designated property; and,
C.To ensure high quality unobtrusive development design at this gateway to the
City. The properties in this CDP are highly visible from both the I-5 freeway and
the San Joaquin toll road and are among the first views drivers experience as
they enter San Juan Capistrano. As such, projects must be of high quality and
designed to blend into the natural terrain and their visual backdrops.
II.DESIGN STANDARDS
A. GOAL
To provide for well-designed, office-oriented development which is sensitive to existing
site topography and off-site views and which meets the standards of the PC (Planned
Community) District.
B.SITE DESIGN/GRADING
Site and grading design shall preserve the integrity of major landforms and minimize
visual impacts from off site. New manufactured slopes shall be designed to resemble
natural topography and shall be heavily landscaped.
1.Building pads shall be sited and designed to minimize grading.
2.Pedestrian walkways shall be provided between parking areas, from the
public street to all buildings, and between buildings.
3.Grades in parking and drive aisle areas shall be less than 7 percent.
C.ARCHITECTURE
Building architecture will be consistent with the City's Architectural Design Guidelines
and the following design objectives:
Comprehensive Development Plan 90-02
Mammoth Equities P.C. page 3
1.Rooftop design, colors and equipment screening shall consider views of
the site from residential properties located at a higher grade than the
project site.
2.Building colors shall be relatively dark earth tones.
3.Building materials shall incorporate stone treatment at the base and on
major architectural features such as columns and entrances.
4.Building facades should not have continuous bands of glazing; long or tall
window treatments should be broken up with other architectural features.
D. LANDSCAPING
Landscaping plant palettes shall be consistent with the building design and shall
demonstrate a consistent thematic treatment. Use of sycamore, poplar and oak
combined with native plant materials is encouraged.
III.PRINCIPAL USES PERMITTED
A.Permitted uses on APNs 650-011-37, 650-011-42, 650-011-43, and a portion of
650-011-25 include:
a.General office uses such as business, professional and similar office uses.
b. Public and semi-public buildings, services and facilities including
governmental buildings, public utility offices and exchanges, but excluding
public schools, police stations, etc.
c.Architecture, engineering, design and consulting firms who provide a
service to other business firms.
d.Real estate brokerage, mortgage banking, insurance firms.
e.Large offices, such as corporate headquarters.
f.Offices of nonprofit and civic organizations.
g. Libraries, museums and art galleries.
h.Financial, insurance, legal and accounting services and travel agencies.
i. Small-scale personal services incidental to the above office uses,
including snack bars, delicatessens, business supplies and printing and
reproduction services, excluding newspaper and other publications. Such
uses shall be permitted only in conjunction with the principal permitted
office uses and shall not exceed a total of five percent of the total gross
square feet of the project.
B.Prohibited uses for all APNs include:
a.Banks, savings and loan and credit unions, retail banking outlets, except
for mortgage banking and general and corporate offices for banks, savings
and loans and credit unions.
Comprehensive Development Plan 90-02
Mammoth Equities P.C. page 4
b.Medical and dental offices.
c.Public and private schools except for general offices related to public and
private schools.
d.Retail and restaurant uses, except as allowed under “Permitted Uses”,
preceding.
e.All non-specified uses are prohibited.
C.Conditional uses on APNs 650-011-37, 650-011-42, 650-011-43, and a portion of
650-011-25 include:
a.Wireless Telecommunication Facilities.
D.Conditional uses on APNs 650-011-34 and 650-011-39 include:
a.Wireless Telecommunication Facilities.
b. Churches, with up to four accessory residential units subject to the following
requirements:
i.Units must be occupied by church employees.
ii.Units shall not be made available for rent or sale.
IV.DEVELOPMENT STANDARDS
This project falls under the requirements of the Land Use Code’s PC District (Section 9-
3.315), as well as its Supplementary District Regulations (Land Use Code Chapter 3,
Article 5), including, but not limited to, Parking and Signing. Development of the site
shall adhere to the following standards:
a.Building heights and the elevations of the building pads, as well as the overall
project design shall allow visual access to surrounding open space.
b.The integrity of hilly terrain and respect for views both of and from the hills shall
be maintained, and proposed development shall be integrated with the natural
topography.
c.There shall be no flat roofs.
d.There shall be no visible roof-mounted mechanical equipment, unless placed in
screened wells.
e.Summer shading, windbreaks and visual buffering shall be provided by a number
of evergreen trees. Vegetation shall consist of indigenous and domestic species
complimentary to the architecture of the project.
Comprehensive Development Plan 90-02
Mammoth Equities P.C. page 5
V.MODIFICATIONS TO DEVELOPMENT STANDARDS
Modification to this Comprehensive Development Plan shall be made in accordance
with Subsection 9-3.315(d) of the Land Use Code.
VI.PUBLIC NOTIFICATION
All property owners of Country Hills Estates and Spotted Bull Lane shall be included in
the notice list for any proposed land use entitlement or project changes subsequent to
the effective date of the approval of this Comprehensive Development Plan.
VII.SUPPLEMENTARY DISTRICT REGULATIONS
The Supplementary District Regulations of Chapter 3, Article 5 of the Land Use Code.
However, specific regulations adopted as part of this Comprehensive Development Plan
shall supersede said Supplementary District Regulations.
VIII.ISSUES NOT ADDRESSED
In cases where standard regulation or other issues are not addressed in this Specific
Development Plan, the appropriate provision of Title 9 of the Municipal Code shall
regulate.
IX.COMMON AREAS
A.Appropriate legal instruments, such as CC&Rs, management agencies and/or
owners’ associations, shall provide means for the on-going maintenance of all
retaining walls, open spaces, private streets, parking lots, buildings and
landscaping. Said legal instruments shall be approved by the City and shall be
appropriately recorded prior to the issuance of building permits.
B.The CC&Rs or legal instruments shall incorporate provisions of the responsible
owners’ association for maintenance of any commonly owned land should the
City determine, after reasonable and customary notice to the property owners’
association, that adequate maintenance is not being performed on such land.
C.In the case of owners’ associations, no in-common holding may be sold or
otherwise transferred to the control of any other entity, except one conceived and
designed to fulfill the same basic purposes as the owners’ association.
ATTACHMENT 2
650-011-37
650-011-42
650-011-43
650-011-34
650-011-39