Ordinance Number 797123
ORDINANCE NO. 797
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 96-1, AN AMENDMENT TO
SPECIFIC DEVELOPMENT PLAN 90-2 TO PERMIT A 25,927 -SQUARE -
FOOT CHURCH AND A PROFESSIONAL OFFICE BUILDING SITE AT THE
SOUTHWEST CORNER OF RANCHO VIEJO ROAD AND VIA ESCOLAR
(RESCO DEVELOPMENT COMPANY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
The City Council finds that:
1. The proposed church and future commercial/office uses proposed for this
site are consistent with the adopted General Plan for the City of San Juan Capistrano.
2. The proposed Specific Development Plan is consistent with the Community
Design Element of the General plan in that they provide for a development which, through the use
of materials, colors, and simple forms, provides a reference to architectural styles indigenous to
San Juan Capistrano.
3. The project site is designated 5.0 (Public and Institutional Uses) on the
General Plan Map. The General Plan Consistency Matrix shows that The 5.0 designation is
consistent with the Planned Development Zone District.
4. The mitigation measures contained in the mitigated negative declaration, as
issued by the City's Environmental Administrator, will reduce potentially significant
environmental impacts to a level of insignificance.
4�i�C1X1 . =-1
n
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 amended as contained in Exhibit A.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
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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 20th day of
May 1997.
DAVID M: SW tRDLIN, MAYOR
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN C"ISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 727 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on May 6 , 1997, and adopted at a
meeting held on May 20 1997, by the following vote:
AYES: Council Members Jones, Greiner, Campbell
and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: Council Member Hart
(SEAL) 2k��—d
CHERYL JO SO , CITY CLERK
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EXHIBIT A
PURPOSE AND INTENT
The purpose and intent of SDP 90-02 in accordance with Section 9-3.423.5 (Planned Development
District) of the Municipal Code is to:
1. Provide a vehicle for development guidelines and the precise regulation of land uses for RZ
89-08, as amended by RZ 96-01, designed to facilitate implementation of the Land Use and
other elements of the General Plan; and
To provide for the utilization of innovative land planning and building design as a means of
achieving high quality, variety, flexibility and efficiency in design for the proposed church and
professional office complex referenced in the attachments.
PROJECT SETTING
PHYSICAL CONDITIONS FOR THE SITE
The project site is 11.6 acres, part of which is hilly, undeveloped grassland and part of which
is a level area and slopes which were rough -graded approximately 15 years ago. There is a
ravine in the southern part of the property, and the western portion of the site has been graded
and landscape as part of the Transportation Corridor Agency's re -alignment of Rancho Viejo
Road.
2. SITE LOCATION
The site is bordered by Rancho Viejo Road and the San Diego Freeway (Interstate 5) to the
west, and Via Escolar to the north.
EXISTING LAND USES
There is an old building located on the knoll in the northeastern portion of the project site.
Most of this building is located on the project site, with a small portion of the building located
on the church's property. The surrounding land uses include residential, commercial
(including the Goodyear Tire Center and other commercial uses on the corner of Rancho
Viejo Road on Via Escolar), and institutional (a church, a private elementary and junior high
school, and Capistrano Valley High School). The residential communities, Spotted Bull and
Village San Juan, are located southeast and south of the project site. Country Hills Estates
is located on the ridge east of the site and overlooks the project site.
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4. GENERAL PLAN AND ZONING
The existing General Plan land use designation for the project site, and for the property to the
north, northeast and south, is 5.0, which corresponds to institutional use. To the east and
southeast of the project site, the land use designation change to 1.2, which corresponds to
Low Density Residential (up to two dwelling units per acre).
CIRCULATION
Access to the site is provided by Rancho Viejo Road. Vehicular traffic to and from the site
is accommodated by Rancho Viejo Road, the San Diego Freeway via Avery Parkway and
Junipero Serra Road offramps and onramps.
6. SLOPES
Surrounding the project site are a large undeveloped knoll to the north, a ridge to the east
developed with single family homes, an undeveloped hill to the south, a large flat rough -
graded area in the middle of the site, and a ravine in the southern portion of the site. Existing
slopes range from the man-made flat area for previously proposed construction to man-made
slopes of approximately 25 degrees and natural slopes of approximately 20 degrees. The
western face of the knoll to the north was partially graded to accommodate the realignment
of Rancho Viejo Road.
HYDROLOGY
Existing hydrology consists of ponding of rainwater on the flat rough -graded portion of the
site and run-off from north to south and east to west over man-made and natural slopes onto
Rancho Viejo Road, into the ravine, and through a culvert under the freeway to Oso Creek.
8. EXISTING TREES AND VEGETATION
Existing vegetation includes imported or non -indigenous trees in a ravine in the southern
portion of the site, indigenous grasses on portions of the site that have not been graded, and
indigenous and imported grasses and weeds on the portions that have been graded. The
western slopes, adjacent to Rancho Viejo Road, have been graded and landscaped as part of
the re -alignment of Rancho Viejo Road.
9. EXISTING UTILITIES
A large waterline under the jurisdiction of Capistrano Valley Water District exists along the
eastern property line. Sewer lines are available to the site through Moulton Niguel Water
District. Natural gas, electricity and telephone are available to the site.
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PROJECT DESCRIPTION
GOALS
To provide a well-designed church and/or office complex sensitive to existing site topography
and off-site views which meet the standards of the PD (Planned Development) and HM
(Hillside Management) Districts.
2. ISSUES
a. To preserve the integrity of the large prominent knoll in the north portion of the
project site effecting the site and parking designs.
b. To minimize off-site visual impacts.
SITE DESIGN/GRADING
General: Grading operations will consist of basic cut and fill procedures. In addition.
Stabilization and buttress fills are anticipated along with removal of unsuitable materials in the
ravines. An excess (export) of approximately 24,500 c.y. is projected.
Conventional retaining walls: The project has been carefully planned to keep retaining walls
to a minimum. Approximately 75% of these walls are below I P high or less and the only
locations where walls exceed 11' are at the South side of the large playground and for a small
section at the North West corner of that playground. These walls are not visible from any
homes or buildings adjacent to or beyond the subject property, and any portion visible from
Rancho Viejo Road shall be screened with landscaping An angled, backward leaning wall
occurs at the Sanctuary and Sunday School building at the top of the slope and is treated as
a design feature and planter. These walls exceed 11' for a short distance. A double wall
consisting of two 11' walls separated horizontally by a 10' terrace occurs at the east portion
of the church area. (Staff is recommending that the retaining walls surrounding the
playgroundlprofessional office site be deleted from the plans. This section of the SDP will
be modified accordingly after final action by the City.)
All manufactured slopes shall be constructed according to city standards, and shall not exceed
2:1 ratio. Slopes have been designed to resemble natural topography, and shall be amply
landscaped.
The existing "knoll" which was modified during the re -alignment of Rancho Viejo Road, has
been untouched on the North side and graded on the south side only as required to transition
the contours from behind the church. The old barn at the top remains, and the new slope
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begins an adequate setback from its footings. A portion of the existing slope along Rancho
Viejo Road is maintained as a landscape buffer.
The existing building pad for the church is used and further expanded to the east, north, and
south to accommodate the access road and playground/professional office site. The road
climbs rapidly from Rancho Viejo Road. To achieve a maximum elevation and to reduce
retaining walls. The existing slope along Rancho Viejo Road remains.. All buildings are
rotated 45 degrees to create open landscape pockets and provide visual interest along the
main road. Battered fieldstone retaining walls reach onto the slope along Rancho Viejo Road,
and resemble the prow of a ship.
4. ARCHITECTURE
The forms, colors, and materials of the church buildings refer to early southern California
architecture, and the clean lines, simple geometry and aesthetic proportions recall the designs
from that era. Extensive use of natural materials has been employed; wood in the roof fascia,
and stone veneer in the base and walls. Thick, stucco plaster walls with recessed glass allude
to adobe construction. The concrete shake roof resembles natural wood shake, while
providing fire safety, and the simple, gently sloping roof designs are consistent with early
historic styles. Broad overhangs provide strong horizontal lines and allow ample shading and
weather protection.
5. LANDSCAPING
Existing trees occur in the ravine area which will be replaced within the project area. This is
due to the fact that many of the existing trees are either toxic to other plant life or not closely
related to indigenous species. New trees are to be distributed around buildings and
concentrated along the perimeters of the developed portion of the site.
6. SIGN PROGRAM
The sign program will be designed in accordance with Municipal Code Section 9-3.603 and
will consist of monument signs, building signs and parking lot signs. The sign program is
subject to review and approval by the Planning Commission in accordance with Municipal
Code Section 9-2.306, Design Review for Non-residential Projects.
EXTERIOR LIGHTING
Light patterns from the fixtures are designed to direct light downward to minimize glare in
accordance with Municipal Code Section 9-3.614. Site lighting is subject to review and
approval by the Planning Commission in accordance with Municipal Code Section 9-3.614,
Lighting.
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8. UTILITIES
The water service system of the project will connect to a large existing water main managed
by Capistrano Valley Water District which parallels the eastern boundary of the site in the
southeast corner of the project site. The project sewer system will connect with an existing
sewer lateral managed by Moulton Niguel Water District at a point near the intersectiori "of
the northern driveway and existing Rancho Viejo Road. Electrical, natural gas and telephone
services are available at the site.
ACCESS
Access to both sites will be provided via a single signalized intersection on Rancho Viejo
Road. This intersection will be located approximately 1,000 feet south of Via Escolar.
10. PARKING MANAGEMENT PLAN/JOINT PARKING AGREEMENT
The main parking lot for the church has been located south of the church site, and north of
the professional office site. This arrangement provides an opportunity for a joint parking
agreement between the church and the future commercial office development, potentially
reducing the required amount of parking lot area. If such an agreement is pursued by the
developer of the professional office site, the agreement shall be processed in accordance with
Section 9-3.602 (c)(2) Parking; Joint Usage of the Municipal Code.
PRINCIPAL USES PERMITTED
Permitted uses include:
a. General office uses such as business, professional and similar office uses.
b. Public and semi-public buildings, services and facilities including governmental
buildings, public utility offices and exchanges, but excluding public schools, police
stations, etc.
C. Architecture, engineering, design and consulting firms which provide a service to
other business firms.
d. Real estate brokerage, mortgage banking, insurance firms.
e. Large offices, such as corporate headquarters.
f. Offices of nonprofit and civic organizations.
g. Libraries, museums and art galleries.
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h. Financial, insurance, legal and accounting services and travel agencies.
i. Small-scale personal services incidental to the above office uses, including snack bars,
delicatessens, business supplies and printing and reproduction services, excluding
newspaper and other publications. Such uses shall be permitted only in conjunction
with the principal permitted office uses and shall not exceed a total of five percent of
the total gross square feet of the project.
j. "Church and church related uses, excluding uses of bells and chimes or externally
amplified sound whether music, voice, bells or chimes. Excluding normal preschool
activities during normal school days; all other outside uses including the use of a
temporary amplified sound system, a special activities permit is required to be issued
by the City in accordance with Section 9-3.632 (Special Activities Permit Program).
If a special activities permit is issued, it will restrict the activity to the hours between
8:00 a.m. and 10:00 p.m. If a temporary amplified sound system is to be used, the
speaker system shall be directed away from the residential neighborhoods and it shall
not exceed 65 dBA as measured from the property boundary No more than four
special activities permits shall be issued in any twelve month period, and each permit
shall cover only one activity of a continuous daily duration. All property owners of
Country Hills Estates and Spotted Bull, and the Homeowners Associations for Village
San Juan, Capistrano Royale and Mission Hills Ranch shall be notified of the
application for a special activities permit.
k. Day-care facilities with floor areas of up to 625 square feet. Such facilities shall be
permitted only in conjunction with church facilities. Day care facilities with floor
areas greater than 625 feet shall be permitted subject to approval of a Conditional Use
Permit, in accordance with Section 9-2.303, Conditional Use Permits.
2. Prohibited uses:
a. Banks, savings and loan and credit unions, retail banking outlets, except for mortgage
banking and general and corporate offices for banks, savings and loans and credit
unions.
b. Medical and dental offices.
C. Public and private schools except for general offices related to public and private
schools.
d. Homeless shelters as a principle or accessory use.
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e. Soup kitchens as a principle or accessory use.
f All non-specified uses are prohibited.
DEVELOPMENT STANDARDS
This project falls under the requirements of the PD, and HM Districts (Sections 9-3.423.5, and 9-
3.505 of the Municipal Code, respectively) as well as Supplementary District regulations including
Parking and Signing. Development of the site shall adhere to the following standards:
a. Building heights and the elevations of the building pads, as well as the overall project
design shall allow visual access to surrounding open space.
b. The integrity of hilly terrain and respect for views both of and from the hills shall be
maintained, and proposed development shall be integrated with the natural
topography.
c. There shall be no flat roofs or mechanical wells.
d. There shall be no roof -mounted mechanical equipment.
e. Summer shading, windbreaks and visual buffering shall be provided by a number of
evergreen trees. Vegetation shall consist of indigenous and domestic species
complimentary to the architecture of the project.
MODIFICATIONS TO DEVELOPMENT STANDARDS
Modification tho this Specific Development Plan shall be made in accordance with Section 9-3.423.5
(d)(4) Amendments to Specific Development Plans of the Municipal Code.
PUBLIC NOTIFICATION
All property owners of Country Hills Estates and Spotted Bull, and the Homeowners Associations
of Village San Juan, Capistrano Royale and Mission Hills Ranch shall be included in the notice list
for any proposed land use entitlement or project changes subsequent to the effective date of the
approval of this Specific Development Plan 90-02 amendment (RZ 96-01).
SUPPLEMENTARY DISTRICT REGULATIONS
The Supplementary District Regulations of Article 9-3.6 (signs, parking, fence regulations, etc.) shall
apply to this PD (Planned Development) District. However, specific supplementary district
regulations adopted as part of the Specific Development Plan shall supersede such Article 9-3.6 of
the Municipal Code.
ISSUES NOT ADDRESSED
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In cases where standard regulation or other issues are not addressed in this Specific Development
Plan, the appropriate provision for Title 9 of the Municipal Code shall regulate.
DEED RESTRICTION
The applicant/property owner acknowledges they are building a church adjacent to the neighborhoods
of Country Hills Estate and Spotted Bull, and that the use of bells, chimes and externally amplified
sound would be disruptive to the residence's quality of life and jeopardize the nature of the
neighborhood. The applicant/property owner freely agrees to enter into a covenant that will run with
the land, the applicant/property owner shall record a deed restriction that will require the
applicant/property owner to comply with all applicable zoning conditions, restrictions, requirement
of any kind approved by the City, including but not limited to the Specific Development Plan, and any
amendments thereto, and the mitigated Negative Declaration. The deed restriction shall be prepared
by the City Attorney. The approved document shall be executed by the applicant/property owner, and
recorded by the City simultaneously with the effective date of the Ordinance approving RZ 96-01.
COMMON AREAS
The Specific Development Plan, through appropriate legal instruments such as CC&Rs,
management agencies and/or owners' associations, shall provide means for the on-going
maintenance of all crib walls, open space, private streets, parking lots, buildings and the like.
Said legal instruments shall be approved by the City and shall be appropriately recorded prior
to the issuance of building permits.
2. The CC&Rs or legal instruments shall incorporate provisions of the responsible owners'
association for maintenance of any commonly owned land should the City determine, after
reasonable and customary notice to the property owners' association, that adequate
maintenance is not being performed on such land.
In the case of owners' associations, no in -common holding may be sold or otherwise
transferred to the control of any other entity, except one conceived and designed to fulfill the
same basic purposes as the owners' association.
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