Resolution Number 99-12-14-1049
RESOLUTION NO. 99-12-14-1
CERTIFYING FINAL PROGRAM ENVIRONMENTAL IMPACT
REPORT AND APPROVING GENERAL PLAN UPDATE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING THE FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT 99-01 (SCH NO. 99081117) AND
APPROVAL OF THE DRAFT GENERAL PLAN AS MODIFIED BY THIS
RESOLUTION
WHEREAS, the City Council on June 16,1998 initiated a comprehensive update
of the City's General Plan; and,
WHEREAS, the City Council retained the consultant services of Cotton/Beland
& Associates to conduct the General Plan update process in accordance with an approved
General Plan Program Approach and Public Participation Schedule at its meeting of
December 15, 1998; and,
WHEREAS, the City and Consultant have conducted a number of public
meetings before the General Plan Advisory Committee, joint meetings of the Planning
Commission and City Council, and two Community Workshops on the General Plan; and,
WHEREAS, the Environmental Administrator has reviewed an Initial Study
prepared on the draft General Plan pursuant Section 15063 of the CEQA Guidelines and has
required preparation of a program environmental impact report pursuant to Section 15081 of
the CEQA Guidelines; and,
WHEREAS, the City has caused to be prepared a Program Environmental
Impact Report pursuant to Section 15084 of the CEQA Guidelines, and has otherwise complied
with all applicable provisions of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has considered the Draft Program
Environmental Impact Report and has reviewed the comments received during the noticed 45
day public review period which concluded on November 22, 1999; and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing
on October 26, 1999 and November 30, 1999 pursuant to Section 9-2.313 of the Municipal
Code to consider public testimony on the proposed project.
WHEREAS, the Planning Commission at the conclusion of the public hearing on
November 30, 1999 forwarded a recommendation to the City Council to certify the final
Program Environmental Impact Report and approve the draft General Plan per the
modifications included in Planning Commission Resolution No. 99-11-30-01; and,
WHEREAS, the City Council conducted a duly noticed public hearing on
December 14, 1999 to take public testimony either in favor of, or in opposition to, the contents
of the draft Ceneral Plan.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby certify the Final Program Environmental Impact Report 99-01,
which includes Volumes I and II, Response to Comments and CEQA Findings and Overriding
Considerations based upon the following findings:
1. This Program Environmental Impact Report provides a first tier analysis of the
environmental effects of the General Plan. Section 15152 of the California Environmental
Quality Act Guidelines indicates that tiering is appropriate when the sequence of analysis is
from an EIR prepared for a general plan; and,
2. Subsequent activities in the implementation of the General Plan, must be examined in
light of the information contained in the Program EIR to determine whether an additional
environmental document must be prepared; and,
3. The Program EIR lists a number of mitigation measures that must be implemented to
reduce potential impacts to a level of insignificance or require more detailed analysis as part
of a development application or public project; and,
4. The Program EIR has undergone a 45 -day public review period beginning on October 8,
1999 and concluding on November 22, 1999; and,
5. In response to comments received during this public review period, responses have
been prepared and considered by the City Council and are incorporated by reference as an
attachment to the Program EIR; and,
6. A statement of CEQA findings and overriding considerations have been prepared and
considered by the City Council and are incorporated by reference as an attachment to the
Program EIR.
BE IT FURTHER RESOLVED, that the City Council does hereby approve the
draft General Plan subject to the following modifications:
Land Use Element
1. Modify Figure LU -1, Land Use Policy Map on page 16 of the Draft Land Use Element
(September 1999) as follows:
Change Los Rios Specific Plan in legend to Specific Plan/Precise Plan.
' Change color of resort hotel site on figure (Valle Road and San Juan Creek
Road) to match color of Specific Plan/Precise Plan.
Change 70+ acres of land north of the intersection of Oso and Trabuco Creeks
(Hsaio/Williams) from Open Space Recreation to Special Study Area.
2. Modify Table LU -2, Land Use Classification System on page 18 of the Draft Land Use
Element (September 1999) as follows:
Under Special, remove designation entitled Special Study/Specific Plan and its
description.
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Add designation entitled Special Study - Areas that have unique features,
environmental conditions and/or development constraints requiring special
regulations or standards designed to address or preserve those conditions.
Add designation entitled Specific Plan/Precise Plan - Areas governed by a
specific plan or precise plan adopted prior to development.
3. Modify the section entitled Special Designations on page 28 of the Draft Land Use
Element (September 1999) as follows:
Special Study: The Special Study designation overlays the base land use
designation of properties that have unique physical features, environmental
conditions and/or other development constraints requiring special regulations or
standards designed to address or preserve those conditions. Such properties
may be developed forland uses other than those provided for under the land use
designation currently assigned to that parcel. For such properties, preparation
of a development plan by a project proponent, including special regulations or
standards addressing the relevant features, conditions and/or constraints is
required and will be considered by the City Council in determining whether to
approve a requested general plan amendment and zone change.
Specific Plan/Precise Plan: The Specific Plan/Precise designation provides for
areas governed by a specific plan orprecise plan adopted prior to development.
The maximum intensity of development will be determined based on the land
uses and associated acres identified in the specific or precise plan.
4. Add text discussion to page 33 of the Draft Land Use Element (September 1999) as
follows:
Oso/Trabuco Creek Properties
In the northwesterly portion of the City, approximately 70+ acres of land located north
of the intersection of Oso and Trabuco Creeks is identified as a Special Study area.
These properties are presently designated for Agri -business and has been used for
farming purposes for over 20+ years. The California Department of Conservation
identifies these properties as Prime Farmland, meaning the properties provide the best
combination of physical and chemical features to sustain long-term production of
agricultural crops. In addition to farming, the Agri -business designation allows animal
breeding, boarding, raising and training, nurseries, and a single family home on each
legal parcel. The properties currently have no access to public roads.
With their physical position between the two creeks, portions of the properties are within
the inundation area of a 100 -year flood. The properties have experienced loss of land
adjacent tot he creeks in recent years as development upstream has resulted in greater
water volumes and velocities along Oso and Trabuco Creeks.
— As with much of the San Juan Capistrano area, these properties are located within a
high fire hazard area and are susceptible to wildland fire. VUth several recorded
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prehistoric and historic archaeological resources in the same general area, the
properties also have potential for such resources to be present.
Recognizing the unique physical and environmental conditions of these properties, the
Special Study designation overlays the base Agri -business designation. These
properties may be developed for land uses other than Agri -business in the future
following preparation of a development plan, including special regulations or standards
addressing the physical features, environmental conditions, and development
constraints identified above and any others that may be identified through the
environmental review process specified by the California Environmental Quality Act
(CEQA) and its Guidelines. The development plan will then be considered by the City
Council in determining whether to approve a requested general plan amendment and
zone change.
5. Table LU -3 be amended to the Whispering Hills Planned Community land use mix of
"100% Very Low Density Residential".
6. Modify page 18, Table LU -2, Land Use Classification System, by increasing the floor
area ratio for "Research Office Park to 0.40:1 ".
7. Modify Table LU -3, Planned Communities Allowable Uses for Pueblo Serra Planned
Community to read as ..."Office research park (100%) with support accessory uses such as
hotel, food services, etc."
8. Table LU -3, page 31, shall be modified to read... "Crystal Cathedral Ministries Planned
Community - 80% public institutional (includes retreat center) and 20% Assisted Care Facility
(which may include a wellness center). The maximum Floor Area Ratio for Public Institutional
will not be allowed unless the project offers exceptional benefits to the community'.
9. Land Use Element, Page 27, Public/Institutional Designations, add the following
language after the last sentence under 5.0 Public & Institutional... "The Land Use Element has
set aside approximately 177 acres for public institutional land uses which include provisions for
private schools (K-12 grade). Future proposed amendments to the Land Use Element (map)
for private schools should only be considered if it is demonstrated that such a facility will be for
the general public benefit and will not impact the financial viability of the City".
10. Page 27, change the maximum intensity of development for 5.0 Public & Institutional
from 0.70:1 to "0.40:1 ".
11. Page 28, change the maximum intensity of development for 5.3 Assisted Care Facilities
from 0.60:1 to "0.40:1 ".
12. Page 33, add new paragraph to read..."The approximate 9.5 acre parcel located at the
southeast corner of Valle Road and San Juan Creek Road has been designated as a location
of a hotel and convention facility designed and located consistent with Specific Plan 82-09".
13. Revise Figure LU -3, entitled Planned Communities to identify the area of the Forster
Canyon Planned Community. Add language to Table LU -3 to read as follows:
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"Forster Planned Community 30% Very Low Density Residential, 25% Medium Low
Density Residential, 25% Medium Density Residential, 2
%High Density Residential, 12% Open Space Recreation,
and 6% Light Industrial
14. Page 21, 1.6 Natural Open Space to read as follows: "The Natural Open Space
designated provides for natural open space land that separates developed areas from one
another, preserves natural features like creeks, ridgelines or hillsides, or includes natural
hazards like landslides. This designation includes approximately 449 acres located in the
southern portion of the City. Within this area is a designated ridgeline that is continuous and
generally is oriented in a east/west direction, including two connected spine ridgelines. Since
a portion of the designated ridgelines are located in close proximity to the common boundary
with the adjacent General Open Space it shall be recognized that all areas within 200 feet of
said ridgeline is to be considered Natural Open Space. ;;The maximum intensity of development
is a floor area ratio of 0.01:1 and the average intensity of development is a floor 0.0001:1.
Development is limited to those structures which are directly related to maintenance and
caretaking of the natural open space. "
15. The Land Use Map shall modify the boundary of the "Natural Open Space" to be
consistent with the South Open Space Dedication boundaries.
Circulation Element
1. Figure C-2, identify Del Obispo Street from Camino Capistrano to Ortega Highway as
an Operational Hot Spot.
2. Table C-6, #23, to be revised to read... "Rancho Viejo and Junipero Serra Road"
3. Page 17 to be revised as follows:
"...however, the City desires to pursue the following changes in the future, in
cooperation with OCTA and the formal process established by OCTA for modification
of the MPAH to incorporate the following changes:
Designation of certain sections of roadway as 'Limited' Secondary'. This
designation involves building two lanes with a median rather than four lanes
without a median.
Deletion of San Juan Creek Road from the MPRH, with no extension to La Pata.
The existing section of San Juan Creek Road will be designated as `Local
Arterial'.
Deletion of Camino Las Ramblas from the MPRH, with no extension to La Pata.
The currently built section of Camino Las Ramblas will be designated 'Local
Arterial'.
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The City acknowledges that this component of the General Plan can not become
effective until the proposed modifications to the MPAH are approved by OCTA.
4. Figure C-2, General Plan Circulation Element, Arterial Highway System shall be
amended to show Alipaz, north of Del Obispo Street as a "Secondary", San Juan Creek
Road from Camino Capistrano to La Pata, and Camino Las Ramblas from Interstate 5
to La Pata as "Secondary" arterials.
5. Page 17, General Plan Circulation System, add the following new paragraph to read as
follows:
'As noted in the Land Use Element, the Los Rios Precise Plan addresses the special
needs for the historic Los Rios District. Due to the presence of historic structures and
narrow streets, where both pedestrians and vehicles share the same travel way, it may
be necessary to include closure or partial closure of streets that will implement specific
provisions of the adopted Los Rios Precise Plan (Specific Plan)".
Safety Element
Under Safety Goal 1, add..."Policy 1.5: All residential projects with more than 48 units should
be required to provide a secondary access to the project site. This secondary access may be
designated as emergency access only."
Conservation & Open Space Element
Figure COS -2, delete Ridgeline in the Prima Deshecha Sanitary Landfill within Waste
Management Unit 1, consistent with previously approved General Plan Amendment 93-06.
Community Design Element
Add the following text describing Scenic Corridors after the section entitled Industrial
Developments:
Scenic Corridors
Major travelways including both vehicular and rail provide the public with a visual image
of the quality of life envisioned by the community. The following design criteria is
provided to ensure that these scenic corridors are developed with a sense of care to
aesthetic values:
Buffer to screen existing unsightly features outside of the right-of-way.
The use of innovative design features for bicycle, sidewalks, equestrian trails,
boundary walls, and parkways.
Attention to building design features that are proposed adjacent to a scenic
corridor.
Scenic corridors include designated arterials contained in the Circulation Element and
the railroad corridor that passes through the City.
CM
2. After Public Facilities (page 11), add the following section:
"Exterior Lighting
To balance the goals of the General Plan to maintain a small -village, rural atmosphere,
with the need to provide for the safe movement of vehicles and people, exterior lighting
levels should be the minimum necessary to protect the public safety. Lighting in the
community should meet the following design criteria:
Within residential neighborhoods in hillside areas, street lights should be
minimized and located at street intersection, curves in streets and at the end of
cul-de-sacs.
Within non-residential areas, both pedestrian and parking lot lighting should be
set at the minimum levels recommended by the Illuminating Engineering Society
for public safety.
Recreation lighting should require special studies and analysis to minimize light
intrusion into adjacent neighborhoods.
Public Services and Utilities Element
Identify location of Kinoshita Elementary School on Figure PSU-1.
Floodplain Management Element
Add Policy 2.3 to Floodplain Management Goal 2, to read as follows:
"Policy 2.3: Flood protection improvements for stream banks are encouraged to use linings
such as soil cement, `armorflex', earth covered rip rap, or other environmentally sensitive
treatments that provide effective and durable Flood protection".
ATTEST:
CITY CLE
PASSED, APPROVED AND ADOPTED this 14th day of December, 1999.
WYA HART, MAYOR PRO TEM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 99-12-
14-1, adopted by the City Council of the City of San Juan Capistrano, California, at an
adjourned regular meeting thereof held on the 14th day of December, 1999, by the following
vote:
AYES: Council Members Jones, Greiner, Swerdlin and
Mayor pro tem Hart
NOES: None
ABSTAIN: None
ABSENT: Mayor Campbell
(SEAL)
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CHERYL JOF{ SON, CITY CLERK
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