Resolution Number 06-05-16-05RESOLUTION NO. 06-05-16-0 5
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING A PROPOSED THREE (3) LOT
TENTATIVE PARCEL MAP ON AN EXISTING 2.65 ACRE PARCEL
LOCATED ON THE EAST SIDE OF FORSTER RANCH ROAD
(ASSESSOR'S PARCEL NUMBERS 675-341-02)(JAFFAR TAVASSOL)
(TPM 05-154)
Whereas, Jaffar Tavassol requests approval of a tentative parcel map to
create three (3) lots for the development of custom, single-family detached homes on an
existing 2.65 acre parcel, presently developed with an existing single family detached
home, which would result in the potential to develop two additional custom homes; and,
Whereas, the General Plan Land Use Element designates the property as
12.0, Very Low Density Residential (0.0-1.0 du/acre)" and the Official Zoning Map
designates the property "RSE-20,000" (residential single family estate -20,000 s.f. lot
minimum); and,
Whereas, the proposed project has been processed in accordance with
Section 9-2.345, Development Review of the Land Use Code; and,
' Whereas, Section 15270 of the California Environmental Quality Act (CEQA)
Guidelines provides that CEQA does not apply to projects which a public agency
disapproves; and,
Whereas, the Design Review Committee conducted a worksession on the
proposed project on March 30, 2006 to evaluate proposed building site and building
massing concepts for the potential development of parcels 1 and 2; and,
Whereas, the Planning Commission conducted duly -noticed public hearings
on February 14 and April 11, 2006 pursuant to the provisions of Section 9-2.335 of the Title
9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to
consider public testimony; and,
Whereas, the Planning Commission adopted a resolution on April 26, 2006
recommending that the City Council deny the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings pursuant to Section 9-
2.345(f) of Title 9, Land Use Code:
1. The proposed tentative parcel map is inconsistent with the General Plan.., and
' specifically, the Land Use Element's density provisions contained in Table LU -2,
Land Use Classification System because the Land Use Element establishes a
density range of 0.0-1.0 dwelling units per acre within the "2.0, Very Low Density
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Residential (0-1 du/acre)" land use designation, and the proposed project would
result in an overall density of 1.13 dwelling units per acre. Furthermore, the General
Plan Land Use Element establishes the maximum allowable density based on
individual parcels of land and subdividing the subject property into three (3) parcels
would result in 1.13 dwelling units per acre which exceeds the maximum permissible
density of 1.0 dwelling unit per acre; and,
2. The project site is not physically suitable for the type of proposed development as
required by the Subdivision Map Act because the configuration and location of
proposed lots could result in adverse visual impacts due to future development of
accessory buildings, construction of retaining walls, and the introduction of
ornamental landscaping on the lower west -facing slopes of proposed Lots #2 and
#3 which are not physically suitable for this type of development, which would alter
the visual character of the hillside, and depart from the historical pattern of
development of the area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
does hereby deny the proposed project because it does not meet all the required findings
established by Section 9-2.345(f), Findings for Subdivision Map approval.
PASSED, APPROVED AND ADOPTED this 16th day of May, 2006, by the
following vote, to wit:
i
DAVID M SWE DL , MAYOR
ATTEST:
�FAFZOARET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE
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. 06-05-16-05 was duly adopted by the City Council of the City of San Juan Capistrano at a
Regular meeting thereof, held the 16" day of May 2006, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Ailevato, and Mayor Swerdlin
NOES: COUNCAjt MEMBER: None
ABSENT: COUNCIVIVIFJ 1BER, None
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