Resolution Number 00-3-21-2215
RESOLUTION NO. 00-3-21-2
DENYING REZONE 99-6 (HARRIS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION; AND, DENYING A PROPOSED REZONE OF A .05 -
ACRE PORTION OF A LOT LOCATED AT 27281 VIEWPOINT CIRCLE,
FROM OPEN SPACE PRESERVATION TO SMALL ESTATE -
RESIDENTIAL, AND A PROPOSED VACATION OF DEVELOPMENT
RIGHTS WHICH WERE PREVIOUSLY DEDICATED TO THE CITY
(HARRIS)
WHEREAS, Jerry Harris, 32211 Paseo Blanco, San Juan Capistrano,
California, has requested approval of a Zoning Map amendment to rezone a 0.05 -acre
(2.178 square feet) portion of an existing 3.1 -acre lot from "OS" (open space
preservation) to the "ES" (small estate -residential) Zone District to create a single-family
home building site; and, has requested the City vacate those development rights over
the 0.05 -acre portion of the property which were previously dedicated to the City as part
of the recordation of the Final Map 6381, Stoneridge, for property located at 27281
Viewpoint Circle, Assessor Parcel No. 650-282-06; and,
WHEREAS, the proposed project has been processed pursuant to
Section 9-2.301, Development Review, of the Land Use Code; and,
WHEREAS, on January 25, 2000, the Environmental Administrator
reviewed an initial study prepared pursuant to Section 15063 of the California
Environmental Quality Act Guidelines and issued a negative declaration pursuant to
Section 15070 of the California Environmental Quality Act Guidelines; and caused a
Notice of Negative Declaration to be posted pursuant to Section 15072 of the California
Environmental Quality Act Guidelines, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act; and,
WHEREAS, the Planning Commission conducted a duly -noticed public
hearing on February 22, 2000, pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed project; and,
WHEREAS, the City Council conducted a duly -noticed public hearing on
March 21, 2000, pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby make the following findings:
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1. The proposed project is inconsistent with the goals, policies and
objectives of the General Plan Land Use Element because the project would result in
the development of a single-family residence within an area of the lot designated 1.0,
General Open Space;" and,
2. The proposed project is inconsistent with the goals, policies and
objectives of the General Plan Conservation and Open Space Element because the
General Plan establishes a goal to "preserve and enhance open space resources"
meaning "to add or contribute to, or, to improve or increase," whereas the proposed
project would marginally diminish the amount of open space; and,
3. The proposed project is inconsistent with the goals, policies and
objectives of the General Plan Conservation and Open Space Element because the
proposed house site would require more extensive site grading than the existing pad
and also require the removal of at least five existing, mature specimen trees, and
therefore would be unsuitable with respect to the project site's natural and topographical
constraints; and,
4. The proposed project is incompatible with existing land uses and
the zoning of adjoining properties to the extent that the proposed project would
introduce residential development into an area where adjoining properties are zoned for
and developed with only accessory, equestrian use/structures; and,
5. The proposed vacation of development rights for construction of a
single-family residence is inconsistent with the purpose and intent of the dedicated
development rights as manifested in the City Council's past decision-making which has
specifically limited development in that area to accessory structures such as equestrian
barns and covered paddocks.
BE IT FURTHER RESOLVED, that the City Council of the City of San
Juan Capistrano hereby approves a negative declaration and denies the proposed
zoning map amendment and vacation of development rights.
March
ATTEST:
PASSED, APPROVED AND ADOPTED, this
2000.
MWA-0-51-0-
-2-
21st
day of
217
STATE OF CALFIORNIA )
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. 00-3-21-2 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 21st day
Of Mgrch , 2000, by the following vote:
AYES: Council Members Bathgate, Greiner and Mayor Campbell
NOES: Council Members Hart and Swerdlin
ABSTAIN: None
ABSENT: None
(Seal)
CHERYL J S , CITY CLERK
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