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Ordinance Number 792095 ORDINANCE NO. 792 .._ M/► M1r1_It. 1 � I ► _ �. Y I \ 1 u_I_' \I_ I 1► I s _ Y AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 96-4, ADOPTING SPECIFIC PLAN 96- 2 FOR A 39 -UNIT RESIDENTIAL DEVELOPMENT TO BE LOCATED AT THE SOUTHEAST CORNER OF CAMINO DEL AVION AND DEL OBISPO STREET (KATHRYN G. THOMPSON CONSTRUCTION COMPANY/ JOHN C. FORSTER) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 Findings The City Council finds that: a. The applicant's proposal is consistent with the General Plan Policies Document that high density residential development should be located conveniently to circulation and transportation systems in that the project is located at the intersection of two secondary arterial highways, one of which is used as a route for public transportation. In addition, the project site is located within walking distance of elementary and middle schools and the City's new sports park. b. The applicant's proposal is consistent with the adjacent Harbor Lane Homes development with regards to density and has been designed to be consistent with the historic Forster Home. C. The applicant's proposed rezones of the property from the RS District to the Planned Community District, is consistent with the General Plan according the Land Use Element consistency matrix. d. The applicant's proposal is for 39 units to be located on a 4.3 -acre portion of the site. This figure equates to a density of 9.1 units per acre. The highest density allowed by the General Plan for this site would allow 77 units (18 units x 4.3 acres). Therefore, the proposed density is approximately one half of the maximum permissible density for properties with a high density residential designation. SECTION 2 Amendment Text Based upon the findings set forth in Section 1, preceding, the City Council ordains that Specific Development Plan 96-02, including site design, architecture and landscaping plans, is adopted as contained in Exhibit A. -1- I SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 18th day of February 11997. j DAVID M. S)WERtUN, MAYOR ATTEST: CITY CLERI -2- 097 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistriio, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 792 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on February 4 1997, and adopted at a meeting held on February 18 , 1997, by the following vote: AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin NOES: None ABSTAIN: None ABSENT: None (SEAL) r�r�l--+�� CHERYL JO SO , CITY CLERK -3- f•. Specific Development Plan 96-02 Parkside Place (Tract 15301) Kathryn G. Thompson Construction Co. The attached site development, architecture and landscape plans, in conjunction with the following supplementary development standards constitute the Specific Development Plan for Parkside Place. Permitted Uses: The permitted uses and conditional uses permitted within Specific Development Plan 15301 shall be the same as those contained in Section 9-3.405 (Single Family Residential District) of the Municipal Code. Supplementary Development Standards: Development standards shall be the same as those contained is Section 9-3.424 (Development Standards) of the Municipal Code with the following exceptions: Open patios and accessory structures greater than 54 inches in height - Open patios and accessory structures greater than 54 inches in height may extend up to a minimum of five feet from the rear property line, or the outside line of the dedicated sideyard line as described in Attachment 1. 2. Accessory structures less than 54 inches in height - Accessory structures less than 54 inches in height may extend up to a minimum of three feet from the rear property line, or the outside line of the dedicated sideyard line as described in Attachment 1. Fences, walls, lighting, pools and spas, and other items not discussed here are subject to the supplementary development standards of the Municipal Code per Title 9, Chapter 3, Article 6. "EXHIBIT A" 099 Five FoofSetback Line (Open Patio Covers mmmmmmmm�m and accessory structures over 54 inches) Three Foot Setback Line (Accessory structures .......................... under 54 inches)