Resolution Number 94-7-5-2061
RESOLUTION NO. 94-7-5-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 93-4 TO
CHANGE THE DESIGNATION OF PROPERTY LOCATED AT 27401 ORTEGA
HIGHWAY FROM 1.2 (LOW DENSITY RESIDENTIAL) TO SS (SPECIAL STUDY)
WHEREAS, the applicants, Leroy and Barbara Stevens, 27401 Ortega Highway, San Juan Capistrano,
have submitted an application for a General Plan Amendment to permit the continued operation of a retail nursery at
27401 Ortega Highway; and,
WHEREAS, this project has been processed and reviewed in accordance with the California
Environmental Quality Act (1970). The City's Environmental Review Board has reviewed this project and determined
that it qualifies for issuance of a mitigated negative declaration. All mitigation measures have been included in this
resolution as amendments to the Precise Plan; and,
WHEREAS, at its meeting of April 13, 1994, the Transportation Commission reviewed the proposed
General Plan Amendment and recommended approval; and,
WHEREAS, at its meeting of April 26, 1994, the Planning Commission reviewed the proposed General
Plan Amendment; and,
WHEREAS, the City Council conducted a duly -noticed public herring on June 7, 1994, to consider
testimony and written correspondence from persons both in favor of and in opposition to the applicant's request; and,
WHEREAS, the City Council, after reviewing all the testimony and correspondence regarding this
proposal, finds and determines as follows:
1. The proposed nursery use will be more compatible with Ortega Highway than the low density
residential permitted by the current zoning, due to the noise impacts associated with a primary arterial highway, and the
site's proximity to Ortega Highway and more intense commercial and public institutional uses, such as the Ortega Business
Center, St. Margaret's School, and Church of the Nazarene. Additionally, the low intensity commercial nature of the
nursery, which has minimal building coverage, and extensive landscaping, will provide a transitional use which is
compatible with the more intense commercial businesses along Ortega Highway and the adjacent low density residential
neighborhoods.
2. The proposed General Plan Amendment is consistent with the General Plan in tbat the General
Plan Policies Document encourages the development of large scenic sites with uses which would not substantially alter
die developed character of the site. The document further states that tree farms and nurseries are commercial ventures
which should be encouraged and given careful consideration.
3. The proposed General Plan Amendment (in conjunction with the proposed rezone to Precise
Plan District) is consistent with the Municipal Code in that the intent of the Precise Plan District is to provide a means for
designating certain areas of the City having important aesthetic, cultural, historic or environmental characteristics as special
study areas so these areas will not be destroyed due to premature or poorly planned development. The proposed uses are
consistent with this in that the site is not well-suited to Small Estate uses (its current zone designation), as it is located in
a bowl, at relatively the same elevation as Ortega Highway and is therefore subject to greater noise and view impacts than
the existing homes on the bluff above the site. Nor is it well-suited to general commercial uses due to its irregular shape
and proximity to existing homes. Under the recommended Precise Plan the site will be developed in such a way as to
preserve its natural characteristics, including topography and existing dense landscaping, providing a transition point
between the urban nature of the Ortega/La Novia intersection and the low density residential uses above the site.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano
does hereby approve General Plan Amendment 93-4, changing the designation of property located at 27401 Ortega
Highway, from 1.2 (Low Density Residential) to SS (Special Study).
PASSED, APPROVED, AND ADOPTED this 5th day of July
1994.
51.
LLE BELI, MA OR
ATTEST:
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. 94-7-5-2 adopted by the City
Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the Sth day of
July , 1994, by the following vote:
AYES: Council Members Jones, Nash, Vasquez and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Member Hausdorfer
(SEAL)
CHERYL, JOUNSW, CITY CLERK
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