Resolution Number 91-3-5-4RESOLUTION NO. 91-3-5-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CERTIFYING
ENVIRONMENTAL IMPACT REPORT 90-2 AND DENYING REZONE
89-5, SPECIFIC DEVELOPMENT PLAN 90-1, GROWTH
MANAGEMENT 89-1, AND RIDGELINE EXCEPTION 90-1 (SAN
JUAN VILLAS - CONCORDE DEVELOPMENT)
WHEREAS, the applicant, Concorde Development, 19752 MacArthur
Boulevard, Suite 240, Irvine, California, has submitted an application for a rezone,
specific development plan, growth management (residential concept plan) and a ridgeline
exception to allow for the construction of eighty-three (83) single family parcels on a
99 -acre site located at the northerly terminus of Camino Las Ramblas; and,
WHEREAS, the site is characterized by steep terrain with a series of canyons
and ridges, two prominent knolls and a General Plan -designated ridgeline, as described in
the Planning Commission Agenda Item dated September 11, 1990 and City Council
Agenda Item dated October 16, 1990, and thereby falls under the jurisdiction of the
Hillside Management District regulations as established in Municipal Code Section
9-3.505; and,
WHEREAS, the City's Environmental Review Board has determined that the
proposed project may have a significant effect on the environment and accordingly has
caused an Environmental Impact Report to be prepared. This Environmental Impact
Report consists of Final Environmental Impact Report 90-02 dated August 1990, the City
Council and Planning Commission agenda items, minutes and resolutions, and the letter
from Willdan Associates dated October 10, 1990. Said Environmental Impact Report has
been found to be consistent with the California Environmental Quality Act Guidelines, as
amended, and the City of San Juan Capistrano Environmental Guidelines. Also, said
Environmental Impact Report has noted that the proposed project will result in
unavoidable significant adverse environmental impacts in the areas of landform
alteration and aesthetics if implemented, thereby requiring the City to adopt a
Statement of Overriding Considerations should the proposed project be approved; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on
September 11, 1990 regarding the proposed project. Upon considering the staff report,
applicant's presentation and public testimony, the Commission recommended City
Council certification of Environmental Impact Report 90-02 and City Council denial of
Rezone 89-05, Specific Development Plan 90-01, Growth Management 89-01 and
Ridgeline Exception 90-01, pursuant to Planning Commission Resolution 90-9-11-2; and,
WHEREAS, public hearings on October 16, 1990, November 20, 1990 and
March 5, 1991 before the City Council have been duly noticed and held to receive public
testimony on the application; and,
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WHEREAS, the City Council hereby finds and determines that:
1. the proposed project is not consistent with the policies of the General
Plan as required by Government State Code Section 65850 in that:
a) it will not preserve the integrity of the hillside character by
removing a series of ridges and canyons, including two prominent
knolls (Open Space/Conservation Element, page 45)
b) it does not promote the conservation of the natural environment by
proposing a massive grading program which will significantly alter
the existing character of the site (Community Design Element,
page 153);
c) it does not portray a sensitive treatment of the natural topography
by attempting to design iorizontat site concept for a site that is
characterized by natur vertical elements and steep slopes
(Community Design Element, page 153);
d) it does not preserve natural topographical features by eliminating a
series of successive ridges and canyons including two prominent
knolls (Community Design Element, page 155);
e) it does not maximize views and open space by altering a significant
portion of existing natural hillside as viewed from the adjacent
residential neighborhood and eliminating a majority of the existing
natural open space as currently viewed from Camino Las Ramblas
(Community Design Element, page 155);
f) it does not propose sensitive locations of streets to the natural
topography because it includes a double loaded (residential) street
which is proposed to be parallel to Camino Las Ramblas (as an
horizontal element) on a site which is strongly characterized by
existing natural vertical elements - successive ridges and canyons
(Community Design Element, page 155); and,
2. The proposed project is not consistent with the objectives of the
Municipal Code Hillside Management District (Section 9-3.505 (g) et.
seq.) in that:
a) the integrity of the existing hilly terrain will not be preserved and
the views both of and from the hills will not be respected by the
alteration of the majority of the site as it is viewed from the
adjacent residential neighborhood and Camino Las Ramblas;
b) natural topographic features such as the two existing prominent
knolls will be eliminated;
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c) the proposed project will significantly and irreversibly alter the
existing character of the site, in that it will introduce a horizontal
design approach as opposed to respecting the existing topography;
d) major natural skylines such as the two prominent knolls will not be
retained and abrupt changes in grade will occur allowing structures
and manufactured slopes to interrupt and block the view of the
General Plan -designated ridgeline from portions of Camino Las
Ramblas;
e) major natural topographic features, such as canyons, drainage
swales, steep slopes, and view corridors will not be retained
because the proposed design requires elimination of the two
prominent knolls as well as a series of vertical ridges and canyons;
f) prominent landmark features, such as the natural prominent knolls
will not be preserved and/or enhanced;
g) innovative street designs and improvements which serve to
minimize grading alterations and harmonize with the natural
contours and character of the hillside have not been employed; and,
3. The proposed project does not provide environmental and/or community
"benefits", as required by California Quality Act Guidelines (as amended)
Section 15093, which will override the identified unavoidable significant
impacts associated with implementation of the proposed project and,
therefore, a Statement of Overriding Considerations is not justified;
4. The project does not meet the design standards of Municipal Code
Section 9-3.423.5 (cXi) and (ii) due to the elimination of the two
prominent knolls on the project site;
5. The ridgeline exception request cannot be approved due to the
encroachment of structures into the skyline as viewed from Camino Las
Ramblas, as depicted in figure 11 of the EIR; and,
WHEREAS, the City Council has reviewed alternatives to the project and finds
that Exhibit A of this resolution, in addition to being consistent with the applicable
General Plan policies and zoning regulations, is an appropriate design approach for
development of the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby
certify Final Environmental Impact Report 90-02, which consists of the Final
Environmental Impact Report dated August 1990, the City Council and Planning
Commission agenda items, minutes and resolutions, and the letter from Willdan
Associates dated October 10, 1990.
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BE IT FURTHER RESOLVED, that based upon the findings above, the City
Council does hereby deny Rezone 89-05, Specific Development Plan 90-01, Growth
Management 89-01 and Ridgeline Exception 90-01.
PASSED, APPROVED, AND ADOPTED this 5th day
of March 1991.
KENNETH E. FRIESS, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 91-3-5-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the Sth day
of March , 1991, by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez
and Mayor Friess
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) XCy�.
CHERYL J , CITY CLER
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