Resolution Number 02-08-20-03RESOLUTION NO. 02-8-20-03
WHISPERING HILLS — DENIAL OF 356 DU ALTERNATIVE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING A REZONING REQUEST FROM
"GM" TO "PC" AND RELATED ENTITLEMENT REQUESTS FOR THE
WHISPERING HILLS ESTATES PROPOSED PROJECT/356 DU
ALTERNATIVE (WHISPERING HILLS, LLC) (VTTM 15571, RE 01-01, HM
01-01)
WHEREAS, Whispering Hills LLC has filed a rezoning application with the City of
San Juan Capistrano to reclassify approximately 356 acres, located approximately 2,000
feet south of the Camino Lacouague terminus, from the "GM" Growth Management District
to the "PC" Planned Community District to allow the development of a 356 residential unit
project, and
WHEREAS, the project proposal also requires the approval of a tentative
subdivision map, a Hillside Management District approval, and a Ridgeline Exception
approval, and
WHEREAS, the project site is a hillside property subject to hillside management
regulations and ridgeline protection under the City's General Plan, and
WHEREAS, the Planning Commission has reviewed the project, has conducted
several public hearings regarding the proposed land use applications, and has
recommended denial of the applications, and
WHEREAS, the City Council has reviewed the project and the Planning Commission
recommendation and has conducted a public hearing to receive public testimony on the
project.
NOW THEREFORE BE IT RESOLVED by the City Council as follows:
Section 1. Rezoning to PC District and HM District Application. The proposed
rezoning is denied on the basis that: the project design and layout does not advance PC
and HM district regulations because massive grading is proposed entailing major landform
alteration in steeply terrained hillside areas. This major land form alteration conflicts with
various objectives of the HM district which are further set forth in the staff report to the City
Council dated May 21, 2002. The project design and layout for 356 units is not compatible
with adopted General Plan policies emphasizing lower densities in hillside areas. This is
especially true in the West Canyon area.
Section 2. Ridgeline Exception Application. The application to cut a road through
a protected ridgeline does not qualify for an exception to the zoning prohibition against
Resolution 1 08-20-02
grading incursions within 200 feet of a General Plan protected ridgeline. The findings of the
May 21, 2002 staff report are incorporated by reference in support of this finding.
Section 3. Tentative Map. The tentative subdivision map application is denied in
that the project site is not physically suited for the proposed density of the development for
the reasons described in Section 1 herein and in the staff report. The Map is not
compatible with the General Plan for the reasons noted in the May 21, 2002 staff report.
The Map cannot be approved without appropriate zoning entitlement approval.
PASSED, APPROVED AND ADOPTED this20`h day of August 2002
ATTEST:
R. MONAHAN,
S` AA OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 02-08-20-04 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 20th day
of August 2002, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
,-,gA,vy l IQ (/
Hart, Campbell, Swerdlin and Mayor pro tem Gelff
None
Mayor Bathgate
R. MONAHAN, City Clerk