Resolution Number 89-9-19-2291
RESOLUTION NO. 89-9-19-2
DENYING WAIVER UNDER URGENCY ORDINANCE 648
RmGELINE PROTECTION MAURER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DENYING CORAL
PROPERTIES' APPLICATION FOR A WAIVER UNDER URGENCY
ORDINANCE NO. 648 RELATIVE TO RIDGELINE PROTECTION
(MAURER/CORAL PROPERTIES)
WHEREAS, the City Council adopted Urgency Ordinance No. 648, providing for
certain zoning ridgeline protection controls for all ridgelines within the City of San Juan
Capistrano; and,
WHEREAS, Urgency Ordinance No. 648 has been extended for 180 days; and,
WHEREAS, Section 3 of Ordinance No. 648 permits an aggrieved property
owner a public hearing for relief from this Urgency Ordinance; and,
WHEREAS, Coral Properties has filed a timely application for a waiver under
Section 3 of Ordinance No. 648; and,
WHEREAS, the City Council, on September 19, 1989, conducted a public
hearing regarding Coral Properties' application for a waiver under Ordinance No. 648.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
1. The City Council hereby finds and determines that the application
of Coral Properties for a waiver from the regulatory provisions of
Ordinance No. 648 be hereby denied.
2. The City Council makes the following findings in support of the
denial of the waiver request:
a. The waiver request incorporates a preliminary site
development plan proposing a single-family residence to be
located at the highest point of the property on a ridgeline
designated for protection under the City's General Plan.
b. The construction of such a residential structure would
create an adverse visual impact on the community in that
the house would interrupt the natural silhouette of this
ridgeline. This ridgeline is prominent to all valley areas
within the community. This ridgeline is seen from nearly a
360 degree view within the community.
c. The land use and open space elements of the General Plan
has designated the subject ridgeline on the Coral Properties
property as a ridgeline to be preserved. This General Plan
principle includes protection of ridgelines in their natural
silhouette form.
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d. City Council Resolution No. 80-1-9-4 provides that
development on ridgelines designated for preservation in the
community should be free from grading or development
within 200 feet horizontal of the General Plan -designated
ridgeline.
e. The Coral property consists of approximately 42 acres. n
There are at least two (2) other feasible sites on the
property where the house could be located without
impacting the natural silhouette of the ridgeline on this
property.
PASSED, APPROVED, AND ADOPTED this 19th day
of September 1989.
GARY . AUSDORFER, M YOR
ATTEST:
CITY CLERI
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, MARY ANN HANOVER, 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. 89-9-19-2 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 19th day
of September , 1989, by the following vote:
AYES: Councilmen Friess, Bland, and Mayor Ilausdorfer
NOES: Councilmen Schwartze and Buchheim
ABSENT: None. ('l
(SEAL)
MARY ANrANOMER, CITY CLERK
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