Resolution Number 06-01-03-03RESOLUTION NO. 06-01-03-03
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING A PROPOSED FOUR LOT
PARCEL MAP ON AN EXISTING 2.2 ACRE PARCEL LOCATED ALONG
THE EAST SIDE OF FORSTER RANCH ROAD SOUTH OF THE
McCRACKEN HILL PRIVATE GATE (ANVARI ASSOCIATES) (FORSTER
ESTATES) (ASSESSOR PARCEL NUMBER 675-331-02)
WHEREAS, Anvari Associates; PO Box 1955; Laguna Beach, CA 92652 has
requested approval of a four lot Tentative Parcel Map (TPM) application for a 2.2 acre lot
located along Forster Ranch Road. The project site is General Plan -designated "2.2
Medium -Low Density Residential (1-2 du/acre)' and designated Specific Plan on the
Official Zoning Map and is subject to the McCracken Hill Specific Plan; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
General Review Procedures of the Land Use Code; and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on
June 28, 2005 pursuant to Section 9-2.339 of the Municipal Code to consider public
testimony on the proposed project and continued the item to July 12, 2005, and on July 12,
2005 adopted Resolution PC 05-11-8-1 determining the project was inconsistent with the
' General Plan; and,
WHEREAS , the Planning Commission conducted a duly noticed public hearing on
October 25, 2005 and November 8, 2005 pursuant to Section 9-2.339 of the Municipal
Code to consider public testimony on the proposed project and adopted Resolution PC -
05-11-8-1 recommending denial of the project; and,
WHEREAS, the City Council conducted a duly noticed public hearing on January 3,
2006 pursuant to Section 9-2.339 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 hereby makes the following findings:
1. The proposed subdivision design and proposed improvements are inconsistent with
the provisions of the General Plan Land Use Element which provides that that
"Development at an intensity or density between the average and maximum levels
can occur only where projects offer exceptional design quality, important public
amenities or benefits, or other factors that promote important goals and policies of
the General Plan," (pp. 17-20) The General Plan allows a density range of 1.1 to 2
dwellings per acre on the subject property, and the applicant is requesting the
' maximum density allowed. The project as proposed does not provide exceptional
design quality, important public amenities or benefits, or other factors that justify
granting maximum density, because the project design does not adequately
Page 1 of 2 01-03-2006
address land use considerations such as compatibility and buffering of the proposed
home sites from approved commercial office buildings and parking lots, sound
barriers from freeway noise, and adequate landscaping to screen views of the
proposed three-tier building sites with garage door frontages from offsite locations.
The proposed subdivision design and proposed improvements are inconsistent with
the General Plan Community Design Element which provides that "hillside
residential" areas will be developed with "well-planned lot sizes in relation to existing
topography'. (p. 10) The McCracken Hill specific incorporates the base district zone
of RSE-20,000 for this property. This zoning district provides that its purpose is to
"preserve and perpetuate a spacious, low-density residential character". The
project would propose a heavy building mass of 4 residential structures placed in
regimented row fronting Forster Ranch Road. This building mass effect does not
promote a spacious sense of distance between the structures.
3. The site is not suitable for the proposed density of development, because the site is
constrained by slopes ranging from 35-50 percent and underlain by an ancient
landslide, and these constraints necessitate a lot pattern which requires all buildings
to be pushed adjacent to Forster Ranch Road leaving inadequate room for buffers
between the residences and adjacent commercial uses. Further, the slope and soil
conditions do not permit for flexibility in lot design that would provide a less linear
and regimented appearance in favor of a more natural and aesthetically pleasing
view in keeping with the City's hillside development criteria and the McCracken Hill
Specific Plan, which requires "low-density, hillside -oriented" development.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that based on the findings set
forth in paragraphs 1, 2, and 3 above, the City Council hereby denies Tentative Parcel Map
(TPM) 03-142.
PASSED, APPROVED AND ADOPTED this 3rd day of January, 2006.
ATTEST:
DAVID M. SVWERDLIN, MAYOR
R. MONAHAN, CITY CLERK
Page 2 of 2 01-03-2006
'STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 06-01-03-03 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 3rd day of January 2006, by
the following vote:
AYES:
COUNCIL MEMBERS:
Hart, Bathgate, Soto, Allevato and Mayor Swerdlin
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNCIL -MEMBER:
None
/ l/LAl./ a I �-' / �
ET R. MONAHAN, City Clerk
J