Ordinance Number 809245
ORDINANCE NO. 809
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING ZONE CHANGE 96-1, AMENDING
COMPREHENSIVE DEVELOPMENT PLAN 81-1, FORSTER CANYON
PLANNED COMMUNITY, WITH RESPECT TO A 136 -ACRE PARCEL
LOCATED ALONG LA NOVIA AVENUE AND MORE PRECISELY
REFERRED TO AS ASSESSOR'S PARCEL NUMBERS 666-311-01, -02 AND
-03 (SAN JUAN MEADOWS)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the City Council has initiated consideration of a General Plan
Amendment for the project which would amend the General Plan Land Use Map designations for the
project area with respect to the "2.1, open space recreation area"; and,
WHEREAS, San Juan Meadows L.P. has requested approval of a general plan
amendment to amend the General Plan Land Use Map to redesignate a portion of the "2.1, open
space recreation area" located along Forster Canyon Road near Pacific Point to "5.0, public
institutional" for public site dedication; redesignate the "2.1, open space recreation area" adjoining
the senior site to "1.4, medium density residential (5 dwelling units acre)", and amend the Equestrian
& Recreation Trails Master Plan to establish an alternate trail alignment; and,
WHEREAS, San Juan Meadows L.P. has requested approval of a zone change to
revise Comprehensive Development Plan 81-01, Forster Canyon so that the proposed development
plan is consistent with the Comprehensive Development Plan, including revisions to the land use plan,
to the "Public & institutional" (P&I) District Regulations and the "Village Residential Mesa" (VRM)
District, and a reduction in the area of "General Open Space"; and,
WHEREAS, San Juan Meadows L.P. has requested approval of a revised tentative
tract map to create two -hundred and seventy-five (275) single family detached dwellings, one -
hundred and sixty-five (165) senior housing units, a dedicated public use site of 1.86 acres along
Street "A", and approximately 70.2 acres of open area on an existing 135.63 acre site; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA); has issued a mitigated negative
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declaration and caused a Notice of Negative Declaration to be posted pursuant to the City's
Environmental Review Guidelines; has included any applicable mitigation measures herein as
conditions of approval, and has otherwise complied with all applicable provisions of the California
Environmental Quality Act (CEQA) ; and,
WHEREAS, the Transportation Commission conducted a duly noticed public meeting
on March 12, 1997 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony
on the proposed project and recommended conditional approval and all conditions have been included
herein; and,
WHEREAS, the Parks, Recreation, and Equestrian Trails Commission conducted
duly noticed public meetings on May and June, 1997 pursuant to Section 9-2.313 of the Municipal
Code to consider public testimony on the proposed project and recommended conditional approval
and all conditions have been included herein; and,
WHEREAS, the proposed project is consistent with the goals, policies and objectives
of the San Juan Capistrano General Plan, specifically, the Land Use Element because the project
proposes development within areas of the site which are suitable for physical development, includes
residential development consistent with the General Plan's residential land use designations for the
site, proposes 275 residential dwelling units whereas the Land Use Map designates the site for a
maximum of 275 residential dwelling units, and dedicates a 7.4 acre public use site and, preserves
areas designated as open space by the General Plan; and,
WHEREAS, the proposed project is consistent with the goals, policies and objectives
of the San Juan Capistrano General Plan, specifically, the Open Space and Conservation Element,
because the project provides a combination of general open space and recreation open space which
comprises approximately 46% of the total site area; and,
WHEREAS, the proposed project is consistent with the goals, policies and objectives
of the San Juan Capistrano General Plan, specifically, the Circulation Element, because the project
includes provisions for widening La Novia Avenue to its ultimate width, extending Forster Canyon
Drive between the Pacific Point site and La Novia Avenue, and mitigates all project -related and
cumulative traffic impacts associated with the project; and,
WHEREAS, the proposed project is consistent with the goals, policies and objectives
of the San Juan Capistrano General Plan, specifically, the Parks and Recreation Element because the
project provides private recreation amenities consistent with the open space subdivision requirements
of the Land Use Code, and will provide in -lieu park fees consistent with the Land Use Code to fund
necessary improvements at General Plan -designated community parks within the City; and,
WHEREAS, the proposed project is consistent with the goals, policies and objectives
of the San Juan Capistrano General Plan, specifically, the Noise Element, because proposed
development along La Novia Avenue will be required to provide appropriate noise attenuation to
protect future residents from traffic -related noise impacts; and,
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WHEREAS, the proposed project is consistent with the goals, policies and objectives
of the San Juan Capistrano General Plan, specifically, the Public Safety Element, because the Forster
Canyon Landfill will be closed consistent with State of California legislation administered by the
California Integrated Waste Management Board, and will include methane and leachate control
systems to protect the health and safety of future residents; and,
WHEREAS, the proposed project is consistent with the goals, policies and objectives
of the San Juan Capistrano General Plan, specifically, the Public Facilities Element because the project
includes provisions for participating in the construction of a new potable water reservoir to serve the
project and adjoining areas consistent with the Water Facility Master Plan; and,
WHEREAS, the proposed project complies with all applicable provisions of the Land
Use Code, including Title 9, Chapter 4, Subdivisions, and specifically Sections 9-4.103, Streets,
highways, and alleys; Sections 9-4.104, Driveways; Sections 9-4.105, Pedestrian ways, bridges, and
tunnels; and Sections 9-4.106 Bicycle and equestrian trails subject to the mitigation measures and
conditions of approval contained in this resolution.
SECTION 2. Amendment Text.
Based upon the findings set forth in Section 1 preceding, Comprehensive Development
Plan 81-01 is hereby amended as outlined in the document entitled "DRAFT Forster Canyon Planned
Community, Comprehensive Development Plan 81-01, dated November 1997", subject to the
following conditions of approval:
1. Exhibit 25, Open Space/Recreation for the "Mesa" site shall be amended to
designate a minimum 7.74 acre, private neighborhood park over a portion of the landfill consistent
with the open space subdivision requirements of the Land Use Code.
2. Section V.D.8(f), development standards shall be amended to include the
following provisions:
o Single family detached structures shall be setback a minimum of
twenty (20) feet from the right-of-way/lot line.
o Single family detached structures shall have a minimum fifteen (15)
foot depth of usable rear yard.
o Single family detached structures shall have a minimum five (5) foot
sideyard setback with a combined minimum setback of (15) fifteen
feet.
o Second story building square footage shall not exceed more than 75%
of first floor square footage.
3. Prior to issuance of any grading permit, the project shall prepare and submit
a Construction Mitigation Program in compliance with the provisions of the CDP, subject to review
and approval by the Engineering & Building Director and the Planning Director.
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4. Prior to any final map approval, the project shall prepare and submit a Housing
Opportunities Program consistent with Section VII. of the Forster Canyon CDP subject to review
and approval of the Planning Director. Prior to issuance of any permit, the project will have received
approval of the Housing Opportunities Program. As an alternative, the project shall pay in -lieu
housing fees pursuant to Section 9-3.632 of the Land Use Code. Such fees shall be payable prior to
issuance of any building permit.
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 3rd day of
March , 1998.
ATTEST:
CITY CLERK
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MzR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
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. 809 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on February 17 '1998, and adopted at a
meeting held on March 3 , 1998, by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JCMN90N, CITY CLERK
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