Resolution Number 08-06-17-05RESOLUTION NO. 08-06-17-05
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA. DENYING REZONE (RZ) 07-008
REQUESTING REZONE FROM SINGLE FAMILY — 20,000 (RSE-20,000)
TO GENERAL COMMERCIAL (GC) OR RESIDNTIAL/AGRICULTURE
(RA) (APN 650-201-12) (ROY STEVENS)
WHEREAS, Roy Stevens, 27401 Ortega Highway, San Juan Capistrano 92675
has applied for the rezoning of his property, located at the same address (APN 650-
201-12, as depicted on Exhibit A attached hereto), to "GC — General Commercial' or to
"RA — Residential/Agricultural"; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the
state and City CEQA Guidelines, an Initial Study was prepared for the above -
referenced rezones, which determined that, although the project could have a
potentially significant impact on the environment, it will not have a significant impact in
this case because of mitigation measures identified in the Initial Study and required as
conditions to any approved rezone, and in consideration of the Initial Study findings a
Mitigated Negative Declaration was prepared for the project; and
WHEREAS, on February 12 and April 22, 2008, the Planning Commission of the
' City of San Juan Capistrano conducted a duly -advertised public hearing regarding the
proposed amendments, considered evidence presented by the City staff and other
interested parties, and forwarded the subject rezones to the City Council with
recommendations of denial; and
WHEREAS, on June 17, 2008, the City Council of the City of San Juan Capistrano
conducted a duly -advertised public hearing regarding the proposed amendments and
considered evidence presented by the Planning Commission, City staff and other
interested parties; and
WHEREAS, the City Council finds as follows regarding the proposed zoning:
1. Initial Study and MND: That the Initial Study and Mitigated Negative
Declaration (MND), attached hereto as Exhibit "B" and included herein by
reference, reflect the independent judgment of the City of San Juan
Capistrano that the project will not have a significant impact on the
environment and that an environmental impact report shall not be required.
Records relating to the Initial Study and MND are retained in the Planning
Department of the City of San Juan Capistrano.
2. GC — General Commercial Zoning: That the GC districts permitted
commercial uses, which include restaurants, offices, retail stores, and
' similar uses, are not compatible with the surrounding low density residential
uses in terms of noise, traffic, view impacts, and light and glare. In addition,
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the zoning is not consistent with the existing General Plan designation per
the City's Land Use Code (Section 9-2.101 and Table 2-1: "Zoning
Consistency Matrix").
3. RA — Residential/Agricultural Zoning: That the RA district allows
noncommercial kennels and animal raising and the keeping of horses
without a conditional use permit. Given the size of the property, these uses
might be able to coexist with the existing neighboring low density residential
uses if properly situated and operated. However, the Land Use Code (Sec.
9-2.101 and Table 2-1) does not list the RA zoning as consistent with the
existing General Plan designation. Therefore, if the applicant wishes to
pursue that zoning, a General Plan amendment would be necessary for his
property.
NOW THEREFORE BE IT RESOLVED, that, based on the preceding findings,
the City Council hereby takes the following actions:
1. Denial of the proposed rezone to GC — General Commercial.
2. Denial of the proposed rezone to RA — Residential/Agricultural.
3. Precise Plan 93-01 is reinstated, allowing for the pre -2002
commercial nursery operation and RSE-20,000 uses to be reinstated;
and reconfirming that special events are not allowed
BE IT FURTHER RESOLVED, that a rezone to the RA district will be
reconsidered if a General Plan Amendment is approved for the property to a land use
designation consistent with RA zoning as provided in the Land Use Code.
PASSED, APPROVED AND ADOPTED is 17`h 0ay/ofAne, 2008.
OP✓10l
JOE AOTO. MAYOR
V
MONAHAN, CITY CLERK
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' 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. 08-06-17-05 was duly adopted by
the CitX Council of the City of San Juan Capistrano at a Regular meeting thereof, held
the 17t day of June 2008, by the following vote:
AYES: COUNCIL MEMBERS: Hribar, Uso, and Mayor pro tem Nielsen
NOES: COUNCIL MEMBER: Allevato and Mayor Soto
ABSENT: COUNCIL MEMBER: None
M R ET R. MONAHAN, CITY CLERK
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