Resolution Number 03-06-17-05RESOLUTION NO. 03-06-17-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION AND ADOPTING SPECIFIC PLAN 02-01, MCCRACKEN
HILL FOR A 14.7 ACRE AREA LOCATED AT THE TERMINUS OF
FORSTER RANCH ROAD (APN 675-331-2 THROUGH 17)
(MCCRACKEN HILL)
WHEREAS, on April 2, 2002, the City Council adopted an interim urgency
ordinance establishing interim regulations consistent with the deed restrictions which
allow only "single -story" or "split-level" homes in the McCracken Hill neighborhood and
on March 18, 2003, the City Council adopted an extension of the interim urgency
ordinance); and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 of the CEQA Guidelines, has issued a negative
declaration pursuant to Section 15070 of the CEQA Guidelines; has caused a Notice of
Negative Declaration to be posted pursuant to Section 15072 of the CEQA Guidelines,
and has otherwise complied with all applicable provisions of the California
Environmental Quality Act (CEQA); and all mitigation measures have been included
herein as conditions of approval; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and
technical studies; and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing
on May 27, 2003 pursuant to Section 9-2.335 of the Municipal Code, City Council Policy
5, and Planning Department Policy 510 to consider public testimony on the proposed
project and has considered all relevant public comments; and,
WHEREAS, the City Council conducted a duly -noticed public hearing on June
17, 2003 pursuant to Section 9-2.335 of the Municipal Code, City Council Policy 5, and
Planning Department Policy 510 to consider public testimony on the proposed project
and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1 The proposed project is consistent with the policies and objectives of the San
Juan Capistrano General Plan, specifically, the Land Use Element because the
1 06-17-03
project would only allow single-family home development consistent with the
"RSE-40,000" (residential single-family estate -40,000 s.f. lot minimum) and RSE-
20,000" (residential single-family estate -20,000 s.f. lot minimum), and the existing
zoning is wholly consistent with the General Plan Land Use Element designation
of the property; and,
2. The proposed zone change is consistent with applicable General Plan goals,
policies, and objectives, in particular, the General Plan Circulation Element
because the project proposes no changes to the local subdivision street which
serves the neighborhood, nor the arterial road network; and,
3. The proposed zone change will result in the development of land uses suitable to
the property's unique situation including and natural and man-made constraints
because the proposed "SP" (Specific Plan) regulations will assure that building
height and mass is regulated so as to be consistent with existing development,
and with the unique hillside context of the North McCracken Hill neighborhood;
and,
4. The proposed zone change will be compatible with the existing land uses and/or
zoning classifications of adjoining properties or properties in the vicinity of the
property being rezoned which could potentially be affected by development
because the recommended minimum sideyard setback and maximum building
height standards would minimize legal, non -conformities.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano hereby approves a negative declaration; and adopts
Exhibit "A", Specific Plan 02-01, McCracken Hill attached hereto and incorporated
herein.
PASSED, APPROVED AND ADOPTED this 17 th day of June 2003.
( OHN S. FF, M
ATTEST:
MONAHAN, CITY CLERK
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SPECIFIC PLAN 02-01
McCRACKEN HILL
Adopted June 17, 2003
City Council Resolution 03-06-17-5
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
City of San Juan Capistrano Specific Plan 02-01. "McCracken Hill"
Purpose and Intent. The purpose and intent of this Specific Plan is to
(a) provide for regulating land uses and development consistent with the General Plan
goals, policies, and recommendations with respect to the General Plan Land Use
Element, Conservation and Open Space Element, and Community Design Element.
(b) provide for the regulation of land use and establishing development standards which
are consistent with private deed restrictions on the OMcCracken Hill" neighborhood.
(c) provide for regulating land uses and development consistent with the low-density,
hillside -oriented, residential character of the "McCracken Hill" neighborhood.
2. A2plicability. The provisions of this "SP" (Specific Plan) shall apply to all real property and
lots of record situated within the "McCracken Hill" neighborhood, as delineated by Figure 1,
McCracken Hills Specific Plan Area Map, and more specifically including the land area
comprised of Assessor Parcel Numbers 675-331-2 through 675-331-17.
3. Land Use Standards.
(a) Principal uses and structures permitted:
(1) Dwellings, single-family detached;
(2) Parks, public and private;
(3) Single-family dwellings (per Subsection 9-3.424(b)(I 1));
(4) Family care homes.
(5) Modular homes on a permanent foundation system (per Subsection 9-
3.424(b)(I 1) subject to a Planning Commission finding that the lot proposed
is compatible for such use.
(b) Accessory uses and structures permitted:
(1) Home occupations (per Section 9-3.611);
(2) The keeping of horses, noncommercial (per Section 9-3.620);
(3) Recreation and community centers, noncommercial, public and private;
(4) Tennis courts and other outdoor recreational uses, unlighted, within
recreation and community centers (per Sections 9-3.607 and 9-3.614);
(5) Accessory uses and structures incidental to the operation of a permitted use;
and,
(6) Temporary caretaker residence during the construction of a permanent
single-family residence on an individual lot (per Section 9-3.612).
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Specific Plan 02-01
McCracken Hill
City of San Juan Cai)istrano Specific Plan 02-01, "McCracken HiII0
(c) Conditional uses and structures permitted. The following uses and structures may be
permitted in the subject to the approval of a conditional use permit:
(1) Apiaries;
(2) Child day care centers;
(3) Kennels, noncommercial, as set forth in Section 9-3.619 of Article 6 of this
chapter;
(4) Small animal raising, noncommercial, in conjunction with the residential use
of a lot, wherein the lot size is greater than 15,000 square feet. Permitted
species shall include rabbits, chickens, and animals of similar size. Animal
slaughtering or commercial animal raising or breeding shall be prohibited;
(5) Tennis courts and other outdoor recreational uses on individual residential
lots (per Sections 9-3.607 and 9-3.614)
(6) Outdoor night lighting, for tennis courts or other recreational uses; and
(7) Residential care facilities.
C. Develoi)ment Standards
(a)
Minimum lot size:
(b)
Minimum frontage:
(c)
Minimum front yard:
(d)
Minimum side yard:
(e)
Minimum rear yard:
(f)
Minimum open area:
(g)
Maximum building height:
(i) single -story home:
(ii) split level home:
(h)
Maximum floor area ratio:
(i) First (1 st) floor:
(ii) Second (2nd) floor:
20,000 gross square feet
90 feet
30 feet
10 feet
25 feet
40%
20 feet
20 feet for the single -story portion.
30 feet for the split-level portion (uSplit level home" is
defined as a structure with at least two floor levels,
with the secondary floor level having not less than
30% of the main floor level area, and located not less
than 48 inches above, or below, the main floor level,
provided that the secondary floor shall be created
through lot or pad grading).
0.25
80% of first floor
4. Implementation & Administration of the Specific Plan. The Planning Director or his designee
shall have the authority to determine consistency of building and grading plans with the
provisions of this Specific Plan. The Planning Director may refer building and grading plans
to the Planning Commission for advisory review prior to rendering a decision on Specific
Plan consistency.
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City of San Juan CaDistrano SDecific Plan 02-01. "McCracken Hill"
5. Supplementary District Regulations. The Supplementary District Regulations of Article 9-3.6
(signs, parking, fence regulations, etc.) of the Municipal Code shall apply to this Specific
Plan. However, specific supplementary district regulations adopted as part of the Specific
Plan shall supersede such Article 9-3.6 of the Municipal Code.
6. Issues Not Addressed In cases where a standard, regulation, or other issue is not
addressed in this Specific Plan, the appropriate provision of Title 9 of the Municipal Code
shall apply.
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