Ordinance Number 11121 O 1112
ORDINANCE 1112
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING REZONE (RZ) 22-003 AND CODE
AMENDMENT (CA) 22-004 CONSISTENT WITH THE APPROVED
ADDENDUM TO THE 2014-2021 HOUSING ELEMENT MITIGATED
NEGATIVE DECLARATION AND THE 1999 GENERAL PLAN
ENVIRONMENTAL IMPACT REPORT, AND APPROVING OF RZ 22-003
AND CA 22-004 FOR INDUSTRIAL RESIDENTIAL OVERLAY AND
SPECIFIC PLAN AMENDMENT – HOUSING ELEMENT
IMPLEMENTATION: A REQUEST TO AMEND THE ZONING MAP AND THE
LAND USE CODE TO CREATE A RESIDENTIAL OVERLAY ZONE ON
INDUSTRIAL ZONED PROPERTIES OFF CAMINO CAPISTRANO, CALLE
PERFECTO, PASEO CERVEZA, VIA DE ANZA, CALLE AVIADOR, &
AVENIDA AEROPORTO TO ALLOW FUTURE REDEVELOPMENT
CONSISTENT WITH THE VERY HIGH DENSITY RESIDENTIAL ZONING
DISTRICT, AMEND THE COSTCO SPECIFIC PLAN TO ALLOW FOR
MIXED USE DEVELOPMENT, WITH UP TO 60 DWELLING UNITS PER
ACRE, LOCATED AT APNS 668-121-03/13/15, 668-121-01/03/04/05/06,
668-291-01/03/04/05/11/14/17/18/ 19/20/22/23/24, 121-171-42, 668-041-
02/03/04/05/06/09/10/13/19/20/32/33/34/35/36/ 37/38, 668-042-01/02/06,
668-043-01/02/03, 668-051-14/15/16, 668-052-01/02/03/04, 668-053-04,
668-231-01, 668-431-08/09/10/02/03/07, 668-501-01/02/03/04/05/06/07/08/10,
AND 121-254-25/26/46/57/61/62/63/64
Whereas, the City of San Juan Capistrano’s adopted and certified 2021-
2029 Housing Element, adopted on August 16, 2022, identifies four areas to be rezoned
to accommodate the City’s Regional Housing Needs Assessment; and
Whereas, the City of San Juan Capistrano proposes General Plan
Amendment (GPA) 22-004, Rezone (RZ) 22-003, and Code Amendment (CA) 22-004 for
Industrial Residential Overlay and Specific Plan Amendment – Housing Element
Implementation, a request to amend the General Plan Land Use Map, Zoning Map, and
the Land Use Code to create a residential overlay zone on industrial zoned properties off
Camino Capistrano, Calle Perfecto, Paseo Cerveza, Via De Anza, Calle Aviador, &
Avenida Aeroporto to allow future redevelopment consistent with the Very High Density
residential zoning district, which allows for up to 30 dwelling units per acre, amend the
General Plan Land Use Designation of three parcels within the Costco Specific Plan to
Specific Plan/Precise Plan and amend the Costco Specific Plan to allow for mixed use
development, with up to 60 dwelling units per acre (the “Project”); and
Whereas, the Project impacts multiple parcels through central and southern
San Juan Capistrano. Specifically, the Project impacts the following parcels: APNs 668-
121-03/13/15, 668-121-01/03/04/05/06, 668-291-01/03/04/05/11/14/17/18/19/20/22/23/24,
which have a General Plan Land Use designation of Quasi-Industrial and a Zoning
designation of Commercial Manufacturing; APNs 121-171-42, 668-041-02/03/04/05/06/
09/10/13 /19/20/32/33/34/35/36/37/38, 668-042-01/02/06, 668-043-01/02/03, 668-051-
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14/15/16, 668-052-01/02/03/04, 668-053-04, 668-231-01, 668-431-08/09/10/02/03/07,
668-501-01/02/03/04/05/06/07/08/10, which have Zoning and General Plan Land Use
designations of Industrial Park; and APNs 121-254-25/26/46/57/61/62/63/64, which have
a General Plan Land Use designation of Quasi-Industrial and a Zoning designation of
Specific Plan; and
Whereas, the City of San Juan Capistrano City Council has the authority to
modify zoning and land use documents for the long term development planning for the
City of San Juan Capistrano; and
Whereas, the City's Environmental Administrator has reviewed the Project
and recommends that the City Council find that the proposed Rezone and Code
Amendment are consistent with the approved Addendum to the 2014-2021 Housing
Element Mitigated Negative Declaration and the 1999 General Plan Environmental
Impact Report; and
Whereas, the City Council has considered the Environmental
Administrator's determination pursuant to Section 15051 of the California Environmental
Quality Act (CEQA) and has considered all Project environmental documentation; and
Whereas, the Planning Commission conducted a duly-noticed public
hearing on March 8, 2023 pursuant to Municipal Code Section 9-2.302. The Planning
Commission has considered all public testimony on the proposed Project and all relevant
public comments and all documents and evidence submitted, including but not limited to
the staff report and attachments, and materials submitted by the Applicant; and
Whereas, the City Council conducted a duly-noticed public hearing on April
4, 2023, pursuant to Municipal Code Section 9-2.302. The City Council has considered
all public testimony on the proposed Project and all relevant public comments and all
documents and evidence submitted, including but not limited to the staff report and
attachments, and materials submitted by the Applicant; and
Whereas, all other legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DOES HEREBY ORDAIN AND FIND AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Ordinance by this reference.
SECTION 2. CEQA Compliance. 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, the Project
is consistent with the approved Addendum to the 2014-2021 Housing Element Mitigated
Negative Declaration and the 1999 General Plan Environmental Impact Report.
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SECTION 3. Findings for Approval of Rezone (RZ) 22-003. The City Council does
hereby make the following findings pursuant to Section 9-2.315(e) of Title 9, Land Use
Code of the City of San Juan Capistrano with respect to, incorporated here in as Exhibit
A:
1.The rezoning of the 77-acre site is proposed to occur concurrently with a change to
the General Plan Land Use Map (GPA 22-004) to change the land use map and
designations to create a Residential Overlay Boundary and allow properties within the
boundary to be developed with residential densities of up to 30 dwelling units per acre.
If the proposed General Plan Amendment is approved, the proposed Rezone (RZ 22-
003), creating the Residential Overlay Boundary on the Zoning Map, would be
consistent with the amended General Plan Land Use Map.
Land Use Goal 2 of the General Plan directs the City to “control and direct future
growth within the city to preserve the rural village like character of the community”.
Supporting Policy 2.2 further states that the City will “assure that new development is
consistent and compatible with the existing character of the city”. The proposal would
allow for the development of residential units which would be reviewed and considered
on a project-by-project basis to confirm that each project would be consistent in use
and character with surrounding development, including surrounding industrial and
residential uses.
2.The proposed Rezone is consistent with the proposed General Plan Land Use
Residential Overlay boundary, because the rezoning of the 77-acre area is proposed
to be rezoned concurrently with a change to the General Plan Land Use Map (GPA
22-004) to also include a Residential Overlay boundary and allow properties within the
boundary to be developed at densities up to 30 dwelling units per acre. Furthermore,
the rezoning of the 77-acre area is proposed to be rezoned concurrently with a change
to the Land Use Code (CA 22-004) to establish the Residential Overlay standards and
development review requirements.
3.The proposed Residential Overlay boundary is being processed concurrently with
Land Use Code (CA 22-004), which will establish the use allowances within the
Residential Overlay, specifically (1) that the existing uses and developments may
remain and are consistent with the zoning districts; (2) that the properties may be
further developed or redeveloped in accordance with the Industrial Park or
Commercial Manufacturing zones; (3) that the properties within the Residential
Overlay may be developed with very high density residential in accordance with the
Very High Density residential zoning district; (4) no further industrial uses or
developments will be permitted on the property once developed with residential; and,
(5) additional review process and requirements which will be necessary if
development of residential is pursued. The proposed Code Amendment and required
reviews on future Residential Overlay projects ensures that the proposed zone change
with be suitable for any of the land uses permitted within the proposed zone district.
4.Surrounding zoning permits industrial uses to the south and east, open space uses to
the west and north, residential uses to the south, and the I-5 freeway to the east. The
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surrounding properties are currently developed with a variety of industrial use, open
space, and residential uses. Because of the existing mix of uses in the area, a higher
density residential community is an appropriate and compatible use for the subject
site. The project would allow for the development of residential units which would be
reviewed and considered on a project-by-project bases to confirm that each will be
consistent in use and character with surrounding development, including surrounding
industrial and residential uses.
5. The Rezone to allow for up to 220 residential units in future developments within the
Residential Overlay boundary would create opportunities for redevelopment of vacant
and underutilized industrial sites and provide new housing opportunities in the city.
Further, the project would allow for the development of residential units which would
be reviewed and considered on a project-by-project bases to confirm that each will be
consistent in use and character with surrounding development, including surrounding
industrial and residential uses.
SECTION 4. Findings for Approval of Code Amendment (CA) 22-004. The City
Council does hereby make the following findings pursuant to Section 9-2.309(e) of Title
9, Land Use Code of the City of San Juan Capistrano with respect to, incorporated here
in as Exhibit B and Exhibit C:
1.The proposed Land Use Code Amendment is proposed to occur concurrently with a
change to the General Plan Land Use Map (GPA 22-004) to change the land use map
and designations to create a Residential Overlay, allow properties within the
Residential Overlay to be developed in the future with residential at densities up to 30
dwelling units per acre, and change the Land Use designations of APN 121-254-
25/57/61/62/63 to “Specific Plan/Precise Plan” to allow future development with
residential at densities up to 60 dwelling units per acre. The code amendment would
be consistent with the amended General Plan Land Use Map.
Land Use Goal 2 of the General Plan directs the City to “control and direct future
growth within the city to preserve the rural village like character of the community”.
Supporting Policy 2.2 further states that the City will “assure that new development is
consistent and compatible with the existing character of the city”. The project would
allow for the development of residential units which would be reviewed and considered
on a project-by-project bases to confirm that each will be consistent in use and
character with surrounding development, including surrounding industrial and
residential uses.
2.The proposed Land Use Code amendment is necessary to implement the General
Plan and to provide for public safety, convenience and/or general welfare because the
proposed amendment achieves the goals and policies of the General Plan for the
reasons listed above. Moreover, the proposed Land Use Code Amendment provides
for the public safety, convenience, and general welfare because, among other things,
it will create opportunities for redevelopment of vacant and underutilized industrial
sites and provide new housing opportunities in the city.
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3.The proposed Land Use Code amendment conforms with the intent of the
Development Code and is consistent with all other related provisions thereof because
it provides, specifically, that the proposed Residential Overlay must conform to the
project established development standards of the existing “Industrial Park”,
“Commercial Manufacturing,” and “Very High Density” zoning if redevelopment is
pursued. The proposed Specific Plan Amendment requires any proposed project meet
the established development standards of the Specific Plan, and the development
standards which have been amended, including height for mixed use developments
and establishing parking for residential uses, are consistent with the height standards
permitted within other mixed use districts, and the parking standards are consistent
with the City’s base parking code and state law.
4.The proposed Land Use Code Amendment to allow for up to 348 residential units
within the Residential Overlay and within the revised Costco Plaza Specific Plan would
create opportunities for redevelopment of vacant and underutilized industrial sites and
provide new housing opportunities in the city. Further, the project would allow for the
development of residential units which would be reviewed and considered on a
project-by-project bases to confirm that each will be consistent in use and character
with surrounding development, including surrounding industrial and residential uses.
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
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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
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 18th day of April 2023.
HOWARD HART, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
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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. 1112 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 4th day of April 2023 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 18th day of April 2023 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Bourne, Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
_____________________________________
MARIA MORRIS, CITY CLERK
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 4th day of April 2023, 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 COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING REZONE (RZ) 22-003 AND CODE
AMENDMENT (CA) 22-004 CONSISTENT WITH THE APPROVED
ADDENDUM TO THE 2014-2021 HOUSING ELEMENT MITIGATED
NEGATIVE DECLARATION AND THE 1999 GENERAL PLAN
ENVIRONMENTAL IMPACT REPORT, AND APPROVING OF RZ 22-003
AND CA 22-004 FOR INDUSTRIAL RESIDENTIAL OVERLAY AND SPECIFIC
PLAN AMENDMENT – HOUSING ELEMENT IMPLEMENTATION: A
REQUEST TO AMEND THE ZONING MAP AND THE LAND USE CODE TO
CREATE A RESIDENTIAL OVERLAY ZONE ON INDUSTRIAL ZONED
PROPERTIES OFF CAMINO CAPISTRANO, CALLE PERFECTO, PASEO
CERVEZA, VIA DE ANZA, CALLE AVIADOR, & AVENIDA AEROPORTO TO
ALLOW FUTURE REDEVELOPMENT CONSISTENT WITH THE VERY HIGH
DENSITY RESIDENTIAL ZONING DISTRICT, AMEND THE COSTCO
SPECIFIC PLAN TO ALLOW FOR MIXED USE DEVELOPMENT, WITH UP
TO 60 DWELLING UNITS PER ACRE, LOCATED AT APNS 668-121-
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03/13/15, 668-121-01/03/04/05/06, 668-291-01/03/04/05/11/14/17/18/
19/20/22/23/24, 121-171-42, 668-041-
02/03/04/05/06/09/10/13/19/20/32/33/34/35/36/ 37/38, 668-042-01/02/06, 668-
043-01/02/03, 668-051-14/15/16, 668-052-01/02/03/04, 668-053-04, 668-231-
01, 668-431-08/09/10/02/03/07, 668-501-01/02/03/04/05/06/07/08/10, AND
121-254-25/26/46/57/61/62/63/64
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.
On the 20th day of April 2023, I caused to be posted a certified copy of Ordinance No.
1112, adopted by the City Council on April 18, 2023, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING REZONE (RZ) 22-003 AND CODE
AMENDMENT (CA) 22-004 CONSISTENT WITH THE APPROVED
ADDENDUM TO THE 2014-2021 HOUSING ELEMENT MITIGATED
NEGATIVE DECLARATION AND THE 1999 GENERAL PLAN
ENVIRONMENTAL IMPACT REPORT, AND APPROVING OF RZ 22-003
AND CA 22-004 FOR INDUSTRIAL RESIDENTIAL OVERLAY AND
SPECIFIC PLAN AMENDMENT – HOUSING ELEMENT IMPLEMENTATION:
A REQUEST TO AMEND THE ZONING MAP AND THE LAND USE CODE
TO CREATE A RESIDENTIAL OVERLAY ZONE ON INDUSTRIAL ZONED
PROPERTIES OFF CAMINO CAPISTRANO, CALLE PERFECTO, PASEO
CERVEZA, VIA DE ANZA, CALLE AVIADOR, & AVENIDA AEROPORTO TO
ALLOW FUTURE REDEVELOPMENT CONSISTENT WITH THE VERY
HIGH DENSITY RESIDENTIAL ZONING DISTRICT, AMEND THE COSTCO
SPECIFIC PLAN TO ALLOW FOR MIXED USE DEVELOPMENT, WITH UP
TO 60 DWELLING UNITS PER ACRE, LOCATED AT APNS 668-121-
03/13/15, 668-121-01/03/04/05/06, 668-291-01/03/04/05/11/14/17/18/
19/20/22/23/24, 121-171-42, 668-041-
02/03/04/05/06/09/10/13/19/20/32/33/34/35/36/ 37/38, 668-042-01/02/06,
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668-043-01/02/03, 668-051-14/15/16, 668-052-01/02/03/04, 668-053-04,
668-231-01, 668-431-08/09/10/02/03/07,668-501-
01/02/03/04/05/06/07/08/10, AND 121-254-25/26/46/57/61/62/63/64
This document was posted in the Office of the City Clerk
________________________________
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
EXHIBIT A
Proposed Zoning Map Amendment
Industrial Residential Overlay Boundary
EXHIBIT B
SP 87-01
COSTCO PLAZA SPECIFIC PLAN
Adopted April 21, 1987 (Ordinance 595)
Amendment February 2, 1993 (Ordinance 724)
Amendment February 1, 1994 (Ordinance 744)
Amendment February 21, 1995 (Ordinance 759)
Amendment April 18, 2023 (Ordinance 1112)
Purpose and Intent
The purpose of this Specific Plan (SP) 87-1 (previously identified as SDP 87-1) is to
provide for the regulation of land uses to facilitate implementation of the General Plan.
Land use planning at the site-specific level is warranted when such planning:
•Addresses and defines public policy more adequately.
•Serves to implement the broader goals of the General Plan.
•Establishes administrative procedures which can more effectively deal with local
conditions and problems.
The intent of this Specific Plan is to provide for the utilization of land planning and building
design as a means of achieving high quality, variety, flexibility and efficiency in the design
of the Costco Plaza mixed-use complex.
The original Specific Plan (referred to as the Price Club Specific Plan) was approved in
1987 and has been amended four times. The first amendment in 1993 allowed for vehicle
sales and service. The second amendment in 1994 permitted vehicle rentals. The third
amendment in 1995 removed references to the Coastal Zone and modified lighting
standards. The fifth amendment in 2023 expanded the allowed uses in the commercial
center to include high density residential; and reorganized the plan for easier
understanding. The uses and standards in the original Specific Plan have generally been
retained with all the amendments to the Specific Plan.
All improvements (structures, landscaping, signs, parking and lighting) within the Specific
Plan Planning Area which existed prior to the adoption of the last (2023) amendment to the
Specific Plan are vested and shall not be affected by the 2023 amendment.
Specific Plan
Specific Plan 87-1 provides regulations which permit the establishment and maintenance
of a mixed-use commercial area which offers high density housing, and a wide range of
commercial goods and services for the community. The Specific Plan is intended to
provide a mixed-use commercial environment, efficiently designed to lessen conflicts
between pedestrians and automobile traffic, and to encourage a healthy economic
business environment.
Planning Area
The Planning Area for this Specific Plan consists of approximately 22 acres located at the
southern edge of San Juan Capistrano's city limits. The City of Dana Point is immediately
adjacent to the southern boundary line of the Planning Area. The Planning Area is located
on the westerly side of Doheny Park Road. The Villa San Juan Mobile Home Park is
immediately adjacent to the northern boundary line of the Planning Area. The railroad
borders on the western boundary of the Planning Area.
As identified in Figure 1, the Planning Area is comprised of six legal parcels which are
developed with the following seven structures totaling 217,301 square feet (SF):
1) Costco Wholesale (150,557 SF)
2) Costco Gas Station Canopy (6,832 SF)
3) Costco Carwash (3,771 SF)
4) Restaurant with a Drive-Through (3,351 SF)
5) Multi-Tenant Retail Building at (5,900 SF)
6) Single-Tenant Retail Building (20,117 SF)
7) Single-Tenant Retail Building (26,773 SF)
Figure 1
The restaurant, the multi-tenant retail building and one single-tenant retail building (No. 6)
are situated toward the front of the Planning Area along Doheny Park Road, while the
Costco warehouse, gas station, and car wash are sited toward the rear of the Planning
Area, adjacent to the railroad. A second single-tenant retail building (No. 7) is located
adjacent to the Planning Area’s southern boundary between the Costco building and the
other single-tenant retail building (No. 6).
Community Design
The objective of this Specific Plan is to establish development standards that improve the
visual environment of the Planning Area given its close proximity to Interstate 5 and the
railroad corridor, while allowing for a strong, economically viable, mixed-use center. The
intent of the Specific Plan is to define this mixed-use center as a gateway to the City by
establishing development guidelines that provide for a mixed-use center with a unified
theme for architectural massing, landscaping, and signage.
Architectural Character
A village profile is desired for the mixed-use development with a varied scale of bulk and
height. Any buildings close to Doheny Park Road should utilize a stepped façade design to
break up the effect of the structure's bulk and mass. The height of the buildings' parapets
should also be varied so that it appears to be divided into smaller structures. Continuous
flat roofs should be camouflaged with peaked and/or mansard roofs. The use of plazas,
patios and arcades scaled for pedestrian use is encouraged. Architectural design should
reflect an indoor/outdoor relationship when possible.
Landscape Character
The landscaping of the Planning Area should reflect the village character of the mixed-use
center. The scale and theme of the landscape materials should be appropriate to the site
and existing and new structures. Large scale buildings should be complemented with large
scale landscaping. Tree planting should be regularly spaced to provide shade and
screening, as required.
Signage
Every sign should be designed as an integral architectural element of the building and site
to which it primarily relates.
Specific Plan Regulations
The following regulations shall apply to all development projects proposed within the
Specific Plan’s Planning Area:
Permitted Uses
The Specific Plan allows for mixed-use commercial and residential development in either
stacked or adjacent configurations with accompanying parking facilities. Development may
include only commercial uses, only residential uses or a mix of commercial and residential
uses. Only the following uses are allowed:
Commercial Uses
1) Uses as set forth as principal uses permitted by right, accessory uses or
conditionally permitted uses in the General Commercial (GC) zoning district.
2) Only on APN 121-254-61 (33949 Doheny Park Road) and APN 121-254-62 (33961
Doheny Park Road), the sale, leasing and renting of new and used vehicles, the
sale of automotive parts and the mechanical and electrical repair of said vehicles is
allowed as a permitted by right use.
3) The storage/parking of a maximum of four delivery trucks at designated locations
within the Planning Area as approved by the Director of Development Services. All
other commercial vehicles shall be stored/parked behind and/or to the south of the
Costco Wholesale building.
Residential Uses
Multiple-family uses as defined in the San Juan Capistrano Municipal Code are only
allowed as a permitted by right use on the following parcels:
• APN: 121-254-26 (33955 Doheny Park Road)
• APN: 121-254-46 (33959 Doheny Park Road)
• APN: 121-254-64 (33963 Doheny Park Road)
All other uses are prohibited.
Development Standards
The following development standards shall apply to all development within the Specific
Plan Planning Area:
1. The maximum height of any commercial building or any residential-only building
shall be 35 feet and shall not exceed three stories.
2. The maximum height of any stacked mixed-use residential/commercial building
shall be 55 feet and shall not exceed five stories.
3. In mixed-use developments, there shall be clear delineation between the residential
and commercial uses within a single building.
4. The maximum residential density for each parcel identified above where residential
uses are permitted shall not exceed 60 dwelling units per acre.
5. The setbacks for all structures shall be as follows:
a. The front yard setback from the property line along Doheny Park Road shall be
a minimum of 15 feet.
b. The side yard setbacks from the north and south property lines shall be a
minimum of 40 feet.
c. The rear yard setback from the property line along the railroad shall be a
minimum of 20 feet.
6. No building shall be closer than 20 feet from any adjacent building located within the
Planning Area.
7. Residential developments shall have 75 square feet of open area for each
residential unit. Open area may be a mix of private balconies and private resident-
only outdoor areas. A minimum of 50% of the residential units shall have outdoor
balconies of at least 50 square feet of usable area (this square footage contributes
to the open area requirement).
8. All roof equipment and waste collection units shall be substantially screened from
view. The screening material shall be in harmony with building lines, materials, and
color.
9. All loading shall be performed on the site loading platforms which shall be
substantially screened from view.
10. All storage areas for cartons, containers, pallets, trash and/or other materials shall
be contained within a building or area enclosed by a wall not less than six feet in
height. Storage areas enclosed by a wall with no roof must be located a minimum of
40 feet from any residential or mixed-use building.
Off-Street Parking
Off-street parking shall be provided in accordance with the parking standards of the San
Juan Capistrano Municipal Code with the following exceptions:
• For general retail and service commercial uses, one (1) off-street parking space per
each 250 square feet of net leasable floor area shall be provided.
• No parking spaces are required for outdoor dining or drinking areas.
• Residential parking shall be provided as follows:
o Studio and 1 Bedroom units: 1 space per unit
o 2 Bedroom and 3 Bedroom units: 2 spaces per unit
o Guests: .2 spaces per unit
o Where a Clubhouse is proposed as an accessory use to a residential use, no
parking spaces are required for the Clubhouse.
Parking Design
Parking design shall meet the parking design standards of the San Juan Capistrano
Municipal Code with the following exceptions:
• Up to 25% of the required parking may be accommodated through compact parking
stalls which shall measure no less than 8’ in width and 15’ in length.
• A minimum of 50% of required residential parking shall be covered.
• Up to 50% of required residential parking may be in tandem configurations.
Landscaping
The site is presently landscaped per approved landscape plans. Future modifications to
the site landscaping may require revisions to the existing plans. All future landscape
revisions shall be consistent with the theme and character of the originally approved plans.
The following standards shall be met when revisions to the approved site plan or
landscape plan are proposed:
1. All trees shall be at least 24-inch box size stock and all shrubs shall be a minimum
5-gallon size stock.
2. The parking lot shall generally be planted at the ends of parking bays and with one
landscape island every sixth parking space in parking bays exceeding ten cars in
length.
3. A landscape border shall be provided around the entire project. The following are
minimum standards for said border:
a. An average 20-foot-wide landscape strip shall be provided and maintained
parallel to Doheny Park Road.
b. A minimum 5-foot-wide landscape strip shall be provided and maintained
along the Planning Area’s southern property line.
c. A minimum 10-foot-wide landscape strip shall be provided and maintained
along the Planning Area’s eastern property line.
d. A minimum 20-foot-wide landscape strip shall be provided and maintained
along the Planning Area’s northern property line.
4. Permanent irrigation systems shall be provided and maintained for all landscaped
areas.
Landscaping shall be maintained in a neat, clean, and healthy condition and shall include
regular pruning, turf mowing, weeding, fertilizing, plant replacement and litter removal.
Signage
All on-site signs within the existing development shall comply with approved Sign Program
87-1, as amended. Any proposed new development shall be required to establish a Sign
Program, which shall be reviewed and approved by the Planning Commission in
accordance with San Juan Capistrano Municipal Code Section 9-2.343. Once established,
the signage for the project shall be governed by the approved Sign Program. The Sign
Program may be modified upon approval by the Planning Commission.
Lighting
All lighting, exterior and interior, shall be designed and maintained to confine direct
illumination to the Planning Area. Outdoor light standards shall not exceed 25 feet in
height.
Screening
There shall be a landscape strip at least 15 feet in width along the Planning Area’s border
with the mobile home park to the north to provide a buffer between the center and the
adjacent mobile home park. In addition, a barrier of not less than six feet in height shall be
installed and maintained along the boundary line between the Planning Area and the
mobile home park. The barrier shall consist of one or any combination of the following:
• Landscaped berm
• Planting
• Wall and planting combination (wall limited to six feet in height)
Any parking areas that abut Doheny Park Road shall be substantially screened from the
roadway using either landscaped earthen berms, walls, open or solid fences or
landscaping. The height of the screening shall not be less than 36 inches and not more
than 42 inches, as measured from the adjacent parking lot grade.
Supplemental Standards
Accessory Structures and Uses
Accessory structures and uses including, but not limited to fences, walls, hedges, home
businesses, lighting, noise, signage, storage and display, special activities, swimming
pools, temporary uses, tree preservation, and visibility at intersections/driveways shall be
regulated by the San Juan Capistrano Municipal Code Section 9-3.501 (Supplemental
District Regulations).
Architectural Design Guidelines
The Planning Area’s overall site planning, architectural design and landscaping is subject
to the San Juan Capistrano Architectural Design Guidelines (Guidelines). Any residential
component shall be subject to the Guidelines for Multi-Family Residential developments.
Any commercial storefronts are subject to the Guidelines for General Commercial
developments. Application of these Guidelines is intended to encourage the most
appropriate use of the land, ensure the highest design quality and promote design freedom
and creativity.
Inclusionary Housing Requirement
Residential development within the Specific Plan is required to include 15% of the housing
units as affordable to very low, low, and moderate income households. Any fractional
number of inclusionary housing units shall be rounded up. The recordation of covenants
will require all the affordable units to be affordable for 30 years. All affordable units shall be
distributed in accordance with the City’s 6th cycle RHNA as follows:
• 43% - Very Low Income Households, as identified in California Health and
Safety Code Section 50105
• 28% - Low Income Households, as identified in California Health and Safety
Code Section 50079.5
• 29% - Moderate Income Households, as identified in California Health and
Safety Code Section 50093
Priority for the affordable units shall be governed by a household’s income and a
preference for households and individuals which reside or work within the City of San Juan
Capistrano.
This affordable housing requirement is in place to increase the availability of housing units
that are affordable to very low, low or moderate income households within the City.
Furthermore, this requirement fosters and encourages the private sector to join the City
and nonprofit sectors to further the goals of the City’s General Plan and Housing Element.
During the review process for a proposed residential or mixed-use development project,
the City Council and developer may negotiate the provisions of the final Inclusionary
housing requirement both in terms of actual units constructed versus the payment of in-lieu
fees and any deviation from the household income distributions identified above. State
requirements, and equitable distribution of constructed RHNA units in the city will be
considered as part of the negotiation.
Circulation & Infrastructure
This chapter focuses on the street and infrastructure systems serving the Specific Plan
Planning Area. The intent is to provide an efficient and highly functional circulation network
for pedestrians, bicycles, and automobiles.
Circulation and Parking
Vehicular Circulation
Regional access to the Specific Plan area is provided via the San Diego Freeway (I-5),
which bisects the City of San Juan Capistrano in a north/south direction. The Specific Plan
can be accessed by vehicles exiting the I-5 on Camino Capistrano which is located north
of the Specific Plan Planning Area, or by vehicles exiting the I-5 on Camino Las
Ramblas/Pacific Coast Highway which are located south of the Specific Plan Planning
Area. Local access to the Specific Plan Planning Area is provided via Camino Capistrano
or Doheny Park Road.
The Specific Plan Planning Area includes three vehicular entrance/exit points to the public
street - Doheny Park Road. The Specific Plan Planning Area can also be accessed from
the adjoining private commercial center (Capistrano Valley Plaza) located south of the
Specific Plan Planning Area.
Pedestrian Circulation
The Specific Plan Planning Area is envisioned as a pedestrian-oriented development, with
an integrated on-site and off-site pedestrian circulation system. Off-site pedestrian
walkways are provided along Doheny Park Road. On-site pedestrian walkways will provide
connections between Doheny Park Road and all proposed building entrances, parking
areas, tenant spaces and residential dwellings. Americans with Disabilities Act (ADA) -
compliant access pathways both on and off-site will be provided throughout the Specific
Plan Planning Area.
Bicycle Circulation
The Specific Plan Planning Area is located adjacent to existing bicycle facilities along
Doheny Park Road. Class II bike lanes exist on southbound Doheny Park Road, and
although there is no bike lane connection, the bicyclists can connect to extensive bike trails
off Stonehill Drive less than half a mile to the north or to the extensive coastal trails
approximately half a mile south of the site. These established bicycle facilities connect the
Specific Plan Planning Area to the extensive bike and trail system that facilitates bicycle
access throughout the City and to surrounding jurisdictions.
Transit
The Specific Plan Planning Area is situated within four miles of major public transportation
facilities, including the San Juan Capistrano Train Station the San Clemente North Beach
Train Station and several Orange County Transit Authority (OCTA) bus stop facilities. The
Train Stations are serviced by Amtrak’s Pacific Surfliner, which provides trips between San
Diego and San Luis Obispo counties on a daily basis as well as Metrolink, which provides
service to Los Angeles Union Station on a daily basis. OCTA provides a network of bus
routes across the County. Within three quarters of mile of the Specific Plan Planning Area,
local Route 91 and Route 1 provide service north/south from San Clemente to the Laguna
Hills Transportation Center, a regional bus transfer facility. Numerous local Route 91 and
Route 1 bus stops are located along Pacific Coast Highway and Del Obispo, within three
quarters of a mile or 15-minute walk of the project site.
Parking
To support the allowable uses, on-site surface parking or structure parking will be
provided. Parking configurations may include tuck under, tandem, parallel, angled, and/or
perpendicular space configurations. Parking designated exclusively for the residential units
will be specifically marked.
Water and Wastewater Service
The Specific Plan Planning Area is currently served and will continue to be served by the
Santa Margarita Water District (SMWD) for both water and wastewater services. There is
an existing 12-inch vitrified clay pipe public sewer line and access manholes within the
Specific Plan Planning Area in an existing easement for access and maintenance of the
facility. This pipeline generally runs from east to west, passing through lot 7 adjacent to
Doheny Park Road and traversing north of the existing Costco building. SMWD requires
an easement width of 20-feet centered on a single pipeline, if these conditions are not met
than additional easement shall be granted to SMWD to allow for access and maintenance
of this pipeline. Construction of any new buildings and/or structures and planting of any
trees within this easement is prohibited. Decorative pavers, concrete surface
improvements and landscaping within the easement are generally not allowed but may be
considered on a case-by-case basis and may be allowed under the condition that if their
removal is necessary for repair or maintenance of the sewer facility, then replacement
shall be at the owner’s expense and at no cost to SMWD. If future development requires
connection to the public sewer system, a project applicant will be required to submit plans
to SMWD for review and pay all necessary fees.
There is a South Coast Water District (SCWD) 27-inch diameter cement mortar lined and
coated water transmission main line running through the Specific Plan Planning Area along
the southerly property line. Any new development will need to consider this waterline and
provide all the necessary clearances and abide by all SCWD requirements. Project
applicants should contact SCWD for more specific information.
With exception to the above referenced SCWD water line, all other existing waterlines
within the Specific Plan Planning Area are private and connect to SMWD’s public water
system in Doheny Park Road. If future development requires connection to the public
water system, a project applicant will be required to submit plans to SMWD for review and
pay all necessary fees. If new development includes landscape and irrigation
improvements, then on-site purple piping is required and a separate irrigation meter
connection for each owner shall be established and located in and on the west side of the
public right of way and adjacent to the mainline in Doheny Park Road (or one meter
manifold connection with multiple irrigation meters, one for each owner) will be required
for compliance with SMWD standards and to facilitate conversion to recycled water use in
the future.
A maximum day demand use and fire flow analysis for proposed new
commercial/residential improvements will be required to be prepared by the developer on
existing off-site water systems to determine if any capacity deficiencies or service pressure
problems will be created to serve the proposed project. New development will also be
required to pay any new service connection fees and any off-site water system
improvement costs to comply with SMWD standards for adequate service. A sewer
capacity analysis shall be performed by the developer on downstream systems and
payment for proportional system capacity improvements if needed shall be made by the
developer. Treatment of wastewater from the Specific Plan Planning Area will be conveyed
to the Jay B. Latham Regional Treatment Plant located in the City of Dana Point.
The Specific Plan Planning Area water demands will be supplied via a network of new and
existing water lines. Should upgrades and improvements to fulfill capacity be determined to
be required, they will be made within the Doheny Park Road roadway or any adjacent
public streets as required. As the project is designed, the development applicant shall
coordinate with both SMWD and Orange County Fire Authority to ensure appropriate water
system design.
Similarly, the Specific Plan Planning Area will be served by new sewer improvements that
will connect to the existing public sewer system. This may include a series of new public
and/or private gravity lines, manholes and clean outs, as determined to be required, which
will be designed to meet appropriate SMWD’s standards. To meet the water and
wastewater requirements of the regulating agencies, infrastructure improvements may be
required to extend beyond the boundaries of the Specific Plan Planning Area and will be
assessed for potential impacts through the plan review process or issuance of
Encroachment Permits from the City of San Juan Capistrano or SMWD.
Stormwater Management Plan
The Specific Plan Planning Area will include a comprehensive storm water management
system containing drainage improvements and facilities and programs which act to reduce,
control and treat storm water. Preliminary storm water management system concepts will
be provided prior to submittal for any permits and will demonstrate that storm water runoff
from development within the Specific Plan Planning area is directed to on-site
retention/detention and treatment areas. Treated storm water will then be released in a
controlled manner to existing storm drains.
A Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan
(WQMP) for projects within the Specific Plan Planning Area will be developed and
implemented, consistent with the requirements of the National Pollutant Discharge
Elimination System Permit (NPDES) and other water quality requirements or storm water
management programs specified by the Regional Water Quality Control Board (RWQCB).
In combination, implementation of a project-specific SWPPP, WQMP, and compliance with
NPDES Permit and RWQCB requirements will act to protect City and regional water quality
by preventing or minimizing potential storm water pollutant discharges to the local
watershed.
Grading Plan
All development projects will include grading plans that will evaluate and address any
impacts to the existing floodplain created by the project. The projects will include design
measures to ensure compliance with the National Flood Insurance Program (NFIP). These
may include and are not limited to revisions to the floodplain to reflect the proposed
conditions as well as grade elevations onsite to raise proposed improvements out of the
floodplain and meet minimum freeboard requirements.
Grading within the Specific Plan Planning Area would occur in phases. The first phase
would include removal of any existing facilities and the clearing of any surface features.
The second phase would involve preparing the site for construction, including any
necessary grading.
The applicant, contractors and/or Qualified SWPPP Practitioner (QSP) for a proposed
project will determine the frequency and location of any necessary temporary measures for
erosion control. Grading-associated components will be temporary in nature and would be
maintained until the permanent improvements are constructed. Typical SWPPP measures
will be required for projects within the Specific Plan Planning Area. Best Management
Practices (BMP) for water quality will be assessed and determined based on the scope of
grading and final SWPPP and WQMP.
Utility Services
Electricity
San Diego Gas & Electric (SDG&E) will provide electrical service to the Specific Plan
Planning Area. Any new lines required to service a new project will be placed
underground. Alignment of service lines and connection to existing points of service will be
provided as required by SDG&E. Any required surface-mounted equipment will conform to
applicable building setback requirements per the relevant service provider.
Natural Gas
Gas service within the Specific Plan Planning Area will be serviced by SDG&E. Existing
service lines will be extended to connect to proposed facilities per SDG&E requirements.
Communications
Communication services, including hard-wired and wireless telephone and internet
services are available through numerous private providers within the City and will be
extended to the Specific Plan Planning Area on an as-needed basis. New
telecommunication lines within the Specific Plan Planning Area will be installed
underground. Any required surface-mounted equipment will conform to applicable building
setback requirements per the relevant service provider.
Refuse Waste, Recycling, and Green Waste
Refuse, recycling, and organics/green waste generated by development within the Specific
Plan Planning Area will be serviced by the waste hauler contracted by the City of San Juan
Capistrano, to collect and dispose of solid waste generated in the City. Solid waste
generated by development within the Specific Plan Planning Area will be conveyed by the
City’s waste hauler to a certified facility for recycling and diversion from the landfill.
The various uses planned within the Specific Plan Planning Area will comply with relevant
State organics and recycling requirements, as applicable. Trash enclosures with separate
bins/containers for refuse, recycling, green waste, and organics will be provided
throughout the Specific Plan Planning Area. The bins and trash enclosures must adhere to
the City of San Juan Capistrano’s most recent approved standard plan.
Public Facilities
The Specific Plan is served by several public services including police and fire protection
services, schools, parks, postal service, library, and other public services, as discussed in
more detail below.
Police and Fire Protection Services
Police Protection Services
The City of San Juan Capistrano contracts with the Orange County Sheriff’s Department
(OCSD) to provide services within the City. OCSD police protection services include patrol,
investigations, traffic enforcement, community support, drug education, parking control,
and crime prevention. The San Juan Capistrano Police station, located at 32506 Paseo
Adelanto, San Juan Capistrano, is approximately two miles north of the Specific Plan
Planning Area.
OCSD will conduct review of any development projects prior to approval and make
recommendations or identify concerns regarding their ability service the Specific Plan
Planning Area. OCSD will determine if there is a need to accommodate new demand for
police protection services.
Fire Protection Services
The City of San Juan Capistrano contracts with the Orange County Fire Authority (OCFA)
to provide services within the City. OCFA provides fire prevention, fire suppression, fire
investigation, rescue, hazardous materials response, public information, education, and
paramedic services. The nearest Orange County Fire Station, Station 29 located at 26111
Victoria Boulevard, Dana Point is approximately 0.3 miles southeast of the Specific Plan
Planning Area. OCFA will conduct review of any development projects prior to approval
and make recommendations or identify concerns regarding their ability service the Specific
Plan Planning Area. The Specific Plan Planning Area is subject to review by OCFA for
various construction document plan checks for the applicable fire life safety codes and
regulations. Any development projects will be subject to the current editions of the
California Building Code (CBC) and California Fire Code (CFC) as amended and adopted
by local city ordinance. Amenity decks will be considered Assembly occupancies. It is
unlawful to occupy any portion of a building prior to final inspection and approval by OCFA.
A water supply system to supply fire hydrants shall meet or exceed the required fire flow of
each proposed building; if the existing water supply is less than the required fire flow, then
infrastructure upgrades may be required. Fire department access shall be provided as
required by OCFA. As a condition of approval, the site developer shall enter into a Secured
Fire Protection Agreement with the Orange County Fire Authority. This Agreement shall
specify the developer’s pro-rata fair share funding of capital improvements necessary to
establish adequate fire protection facilities and equipment, and/or personnel. OCFA will
determine if there is a need to accommodate new demand for fire protection services.
Schools, Parks, and Other Public Services
Schools
Public education for the Specific Plan Planning Area will be provided by the Capistrano
Unified School District (CUSD), which includes elementary, middle, high school, charter
school, and various types of kindergarten. The Specific Plan falls within the boundary area
for Palisades Elementary School, Shorecliffs Middle School, and San Juan Hills High
School. As mandated by State law, development impact fees will be paid to CUSD as the
Specific Plan Planning Area is developed to accommodate the anticipated increase in
demand for public school facilities.
There are also a number of private schools located within the vicinity of the Specific Plan
Planning Area. These include St. Margaret Episcopal School, St. Anne School, South
Coast Christian, Capistrano Valley Christian, The Parish School at St Edward, and Heart
Christian Academy, among others.
Parks and Open Space
The Specific Plan is in close proximity to multiple parks and open space. The site is within
a half mile walking distance from Creekside Park, located off Stonehill Drive within the City
of Dana Point where Stonehill Drive crosses San Juan Creek. Creekside Park provides a
playground, half basketball court, picnic tables, a dog park and a public restroom. The
Specific Plan Planning Area is also approximately one mile from Doheny State Beach
which offers a variety of beach and recreation activities.
A variety of private and public open space amenities are encouraged within the Specific
Plan Planning Area. These would include, but not limited to, residential community rooms,
swimming pools, game rooms, and pocket plazas, paseos adjacent to tenant spaces.
Additionally, development impact fees will be paid to accommodate new demand for parks
by any Specific Plan Planning Area residents.
Postal Service
Postal service for the Specific Plan Planning Area will be provided by the United States
Postal Service (USPS) from their location at 34281 Doheny Park Rd, Capistrano Beach.
The location and type of mailbox required for each land use within the Specific Plan will be
based upon requirements outlined in the USPS National Delivery Planning Standards: A
Guide for Builders and Developers and the Delivery Growth Management Program, which
includes USPS requirements for access, locks, safety, accessibility, placement, and
specific Americans with Disability (ADA) requirements.
Library Service
Library service for the Specific Plan Planning Area will be provided by the existing County
of Orange Libraries, located at 31495 El Camino Real, San Juan Capistrano, 33841 Niguel
Rd., Dana Point, or 242 Avenida Del Mar, San Clemente. The libraries are operated by the
County and feature a variety of book titles such as children, adult and teen collections, as
well as an e-library which offers electronic and digital material. There are several internet
stations and free public WIFI internet access in the libraries.
Other Public Services
As the Specific Plan Planning Area is located within the City of San Juan Capistrano, the
Specific Plan Planning Area will be serviced by the City’s government services, which
include, but is not limited to administration, planning, building, parks and recreation and
public works.
Review Process
This Specific Plan document serves as the planning and zoning implementation tool for the
Specific Plan Planning Area. The land use and development standards/regulations identi-
fied in this Specific Plan address permitted uses, development standards and general
provisions for the Specific Plan Planning Area. Except where noted, this Specific Plan
preempts and replaces all standards, criteria, and procedures for review including, without
limitation, other requirements of Title 9 of the San Juan Capistrano Municipal Code.
Whenever the provisions and development standards contained in this Specific Plan
conflict with those contained in the San Juan Capistrano Municipal Code, the provisions of
the Specific Plan shall take precedence. Where the Specific Plan is silent on an issue, the
San Juan Capistrano Municipal Code shall apply.
Project Review
New development projects within the Specific Plan Planning Area require approval of an
Architectural Control in accordance with San Juan Capistrano Municipal Code Section 9-
2.313 which will include review and approval by the Planning Commission Furthermore,
prior to approval of any project the project will be assessed in accordance with the
California Environmental Quality Act (CEQA). To support a CEQA determination the
following studies, and potential implementation of on- and off-site improvements in
response to the studies, may need to be completed:
• View Simulations • Air Quality Analysis
• Traffic Impact Analysis • Cultural Resource Assessment
• VMT Analysis • Geotechnical Report
• Parking Analysis • Hydrology & Water Quality Master Plan
• Biological Resource Analysis • Greenhouse Gas Assessment
• Phase 1 Environmental Site Assessment • Noise Assessment
Project Modifications
In situations where modifications or revisions to individual development projects are
proposed, the Director of Development Services will determine the level of review required
for the proposed project modification or revision. The level of review shall be based on the
extent of the modification requested, as well as its conformance with the overall intent of
the Specific Plan and the City of San Juan Capistrano General Plan. The level of review
includes administrative review, Planning Commission review or City Council review.
Substantial Conformance Review Procedures
The Substantial Conformance Review process gives the Director of Development Services
the authority to interpret whether a proposed project is in substantial conformance to the
standards, guidelines and land uses contained in the Specific Plan without the need for a
Specific Plan Amendment. Said Substantial Conformance Review can be applied in
situations arising as part of a project’s application review, construction and operation. The
Substantial Conformance Review process commences upon the City receiving written
request by a Specific Plan property owner. Upon receipt, the Director of Development
Services, or their designated appointee, shall conduct a review to determine if the
proposed project meets the intent of the applicable Specific Plan requirements and is
consistent with the “goals and vision” of this Specific Plan. The Director of Development
Services will also review the requested modification for compliance with the California
Environmental Quality Act (CEQA).
All Substantial Conformance Review findings by the Development Services Director can
be appealed to the Planning Commission. The Planning Commission shall provide the final
determination/resolution of the matter unless the Planning Commission determination is
appealed to the City Council.
Amendments
California Government Code Section 65453 et. Se. provides that a Specific Plan “may be
amended as often as deemed necessary by the legislative body”. Amendments to the
Specific Plan may be initiated by any individual property owner within the Specific Plan, or
by the City Council. Applications for amendments to the adopted Specific Plan shall be
submitted to the City’s Development Services Department and shall be processed in the
same manner provided for an Amendment of the Land Use Code as specified in Section 9-
2.309 of the Municipal Code. Specific Plan amendments must conform with the City’s
General Plan and will be evaluated for potential environmental impacts.
Environmental Review
The Specific Plan addresses land uses, densities, and types of development proposed, as
well as infrastructure anticipated to serve the Planning Area. The environmental impacts
associated with implementing the Specific Plan have been evaluated in an Addendum to
the Initial Study/Mitigated Negative Declaration, adopted for the 2014-2021 Housing
Element (5th Cycle) and the General Plan’s Program Environmental Impact Report
(hereafter referred to as the “Addendum”). Under the California Environmental Quality Act
(CEQA), the Addendum has assessed the potential direct and indirect environmental
effects associated with the land use program described in the Specific Plan. The
addendum considered the land use and zoning associated with the site, but not a specific
project. Any future project proposed for the Specific Plan Planning Area will be assessed
under CEQA for potential impacts including but not limited to Aesthetics, Cultural
Resources, Hydrology / Water Quality, Transportation/Traffic, and Utilities/Services
Systems.
EXHIBIT C
Sec. 9-3.305. Industrial districts.
(a) Purpose and intent. The following three (3) districts and one (1) overlay have been
established for the following purpose and intent:
(1) Commercial Manufacturing (CM) District. The purpose and intent of the
Commercial Manufacturing (CM) District is to provide for a wide range of
commercial uses, primarily of a non-retail nature, wholesaling, limited
manufacturing, and indoor recreational uses.
(2) Industrial Park (IP) District. The purpose and intent of the Industrial Park (IP)
District is to:
(A) Provide areas, designated in the General Plan, for the development of
industrial parks;
(B) Provide for high-quality physical developments within industrial parks by
requiring comprehensive planning and the coordination of building design and
location, landscaping, parking, interior circulation, and other facilities;
(C) Allow for certain commercial and service uses within such industrial parks
which uses are related to the permitted industrial uses or which may serve
the employees of the industrial establishments during the normal workday;
and
(D) Limit the physical effects of the permitted industrial activities, such as the
emission of air contaminants, noise, glare, run-off of pollutants, and other
such effects which could be harmful to life or other nearby property,
(3) Agri-Business (A) District. The purpose and intent of the Agri-Business (A)
District is to implement the General Plan provisions for the use of land for
agricultural activities.
(4) Residential Overlay (RO). The purpose and intent of the Residential Overlay
(RO) is to allow very high density multi-family housing to coexist with industrial
uses within certain portions of the Industrial Park (IP) and Commercial
Manufacturing (CM) Districts. Residential development within the RO shall
adhere to the standards contained in subsection (h).
(h) Residential Overlay (RO) Standards.
(1) Uses and development standards.
(A) Properties within the RO are permitted to operate existing industrial uses,
expand existing industrial uses and develop new industrial uses in
accordance with the applicable Commercial Manufacturing and Industrial
Park zoning standards identified in Section 9-3.305 (Industrial Districts).
(B) Properties within the RO are permitted to be redeveloped with multi-family
housing that is consistent with the Very High Density residential zoning
standards identified in Section 9-3.301 (Residential Districts).
(C) If a property in the RO is converted from an industrial use to a residential use,
no portion of the property may be used for industrial uses.
(2) Development review. New residential development within the RO shall be subject
to the applicable review procedures as set forth in Article 3 (Development Review
Procedures) of Chapter 2 of this title.
(A) Prior to approval of any project an Environmental Impact Report (EIR) will be
prepared, assessing the specific project description in accordance with the
California Environmental Quality Act (CEQA). To support a CEQA
determination the following studies, and potential implementation of on- and
off-site improvements in response to the studies, may need to be completed:
View Simulations, Air Quality Analysis, Traffic Impact Analysis, Cultural
Resource Assessment, VMT Analysis, Geotechnical Report, Parking
Analysis, Hydrology & Water Quality Master Plan, Biological Resource
Analysis, Greenhouse Gas Assessment, Noise Assessment, and Phase 1
Environmental Site Assessment.
(3) Supplementary district and temporary use regulations. The supplementary
district and temporary use regulations of Article 5 (Supplemental District
Regulations) of this chapter shall apply to any residential development within the
RO.
(4) Environmental overlay standards. Properties in the RO shall be subject to any
applicable standards of any environmental overlay districts that traverse the RO
as set forth in Article 4 (Environmental Overlay Districts) of this chapter.
Table 2-1 Zoning Consistency Matrix General Plan Land Use Designation Residential/Agricultural (RA) Hillside Residential (HR) Single Family‐40,000 (RSE‐40,000) Single Family‐20,000 (RSE‐20,000) Single Family‐10,000 (RS‐10,000) Single Family‐7,000 (RS‐7,000) Single Family‐4,000 (RS‐4,000) Residential Garden‐7,000 (RG‐7,000) Residential Garden‐4,000 (RG‐4,000) Multiple Family (RM) Affordable Family/Senior Housing (AF/SH) Mobilehome Park (MHP) Planned Community (PC) Town Center (TC) Town Center Edge (TCE) Office Commercial (OC) Neighborhood Commercial (NC) General Commercial (GC) Commercial Manufacturing (CM) Industrial Park (IP) Agri‐Business (A) IP or CM ‐ Residential Overlay (RO) Public and Institution (P&I) General Open Space (GOS) Open Space Recreation (OSR) Neighborhood Park (NP) Community Park (CP) Special Park (SP) Regional Park (RP) Natural Open Space (NOS) Recreation Commercial (RC) Specific Plan/Precise Plan (SP/PP) Farm Market (FM) Solid Waste Facility (SWF) Very Low Density (VLD) X X X X X X X Low Density (LD) X X X X X X Medium Low Density (MLD) X X X X X X X Medium Density (MD) X X X X X X X X X Medium High Density (MHD) X X X X X X X X X High Density (HD) X X X X X X X Affordable Family/Senior Housing (AF/SH) X X X X X X Neighborhood Commercial (NC) X X X General Commercial (GC) X X X X X Industrial Park (IP) X X X X Quasi‐Industrial (QI) X X X X Agri‐Business (AB) X X X X Light Industrial (LI) X X Office Research Park (ORP) X X X Public & Institutional (PI) X X X Existing Public Schools (PS) X Assisted Care Facilities (ACF) X X X General Open Space (GOS) X X X X X X X X X Open Space Recreation (OSR) X X X X Neighborhood Park (NP) X X X Community Park (CP) X X X Specialty Park (SP) X X X Regional Park (RP) X X X X Natural Open Space (NOS) X X X Recreation Commercial (RC) X X X Planned Community (PC) X Specific Plan/Precise Plan (SP/PP) X X X Special Study (SS) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X