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Ordinance Number 581ORDINANCE NO. 581_ 359 REZONE 85-5 (NU -WEST, INC.) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 525 BY APPROVING THE ZONING OF ASSESSOR'S PARCELS NOS. 650-011-18 AND 650-011-26 FROM PD (PLANNED DEVELOPMENT) TO PD (SDP 85-1.) (PLANNED DEVELOPMENT, SPECIFIC DEVELOPMENT PLAN 85-1) (NU -WEST, INC.) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: 1. The proposed zoning is consistent with the land use, circulation, and other designations shown for the property in the General Plan. The proposed zoning is consistent with all other goals and policies of the General Plan, as conditioned. 2. The development of the property under the proposed zoning will conform to the development standards and other applicable provisions of the Municipal Code and Specific Development Plan as attached hereto. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed zone change. SECTION 2. Zone Change. Based on the findings set forth in Section 1, preceding, the City Council ordains that the official zoning heretofore adopted for Assessor's Parcels Nos. 650-011-18 and 650-011-26 on November 6, 1984, by Ordinance No. 525 be changed from PD (Planned Development) to PD(SDP 85-1) (Planned Development, Specific Development Plan 85-1 ), as shown on Exhibits "A," "B," and "C," attached hereto. SECTION 3. Height Limitation Findings. The City Council further finds and declares that the 30 -foot height limitation for PD districts, will be exceeded by the height limits authorized by Section 10 of Exhibit B of this Ordinance, and that this exception is appropriate based upon the following findings: sc 359 1, That the modifications are necessary for the project to—meet the spirit and intent of the General Plan in that the project design preserves the north knoll of the site. Further, the site plan will promote the clustering of proposed structures which is consistent with community design and land use elements of the General Plan; 2. That the overall quality of the project would be less if the modifications are not granted in that the project buildings would be spread over a greater land area thus providing less open space; 3. That the minimum requirements of other compensating standards have been significantly exceeded in that: a) The project design has exceeded the minimum open space requirements of the PD district by approximately 508; b) Minimum front and side yard setback requirements have been greatly exceeded; C) The developers have agreed to provide a full pitched roof on the structure which, while increasing the height of the buildings, produces the benefit of hiding the mechanical equipment on top of the structures; d) The project represents a superior architectural form in both design and quality of materials; e) The developer is required to make substantial dedication improvements, including bearing the full cost of installation of Rancho Viejo Road and Via Escolar traffic signal improvements. The City Council makes the above stated findings pursuant to the modification provisions applicable to the PD zoning district, namely, Municipal Code Section 9-3.423.5(c)(5)(vii). SECTION 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. -2- SECTION 5. City Clerk's Certification 3 6 V 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 19th day of August 1986 KENNETH E. FRIESS, MAYOR ATTEST: ITY CLERI STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, 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. 581 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on July 15 , 1986 , and adopted at a meeting held on August 19 , 1986 , by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None (SEAL) ✓ �— MARY ANN VER, CITY CLERK -3- 362 363 EXHIBIT B. SPECIFIC DEVELOPMENT PLAN 85-1 A. PURPOSE AND INTENT To provide a vehicle for. the precise regulation of land uses for RZ 85-5 designed to facilitate implementation of the General Plan Land Use and other elements. 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 pro- posed professional office complex referenced as Exhibit C. B. PRINCIPAL USES AND STRUCTURES PERMITTED 1. General office uses such as business, professional, and similar office uses. 2. Public and semi-public buildings, services, and facili- ties, including governmental buildings, pubic utility offices, and exchanges, but excluding public schools, police stations, etc. 3. Architecture, engineering, design, and consulting firms which provide a service to other business firms. . 4. Real estate brokerage, mortgage banking, and insurance firms where the business is a support service for other office or business firms, but excluding financial ser- vices uses such as banks, savings and loan associations, and credit unions. 5. Large offices, such as corporate headquarters. 6. Offices of nonprofit and civic organizations. C. ACCESSORY USES AND STRUCTURE PERMITTED. Small-scale personal services incidental to the above office uses, including snack bars, delicatessens, business supplies, pharmacy, and printing and reproduction services, excluding newspaper or other publishing. Such uses shall be permitted only in conjunction with the principal permitted office uses. D. CONDITIONAL USES PERMITTED The following uses may be permitted, subject to the approval of a conditional use permit: general retail and service uses not normally considered office, but which the Planning Commission determines is appropriate and compatible in an individual case. 864 Specific Development Plan 85-1 E. SPECIFIC DEVELOPMENT PLAN Development of the area encompassed by RZ 85-5 shall be per Exhibit C. Said plans include grading, site, and landscape plans, architectural building elevations, and sign program. In addition, the Specific Development Plan includes and/or incorporates the following: 1. Final Working Drawings - Final building plans (working drawings including building elevations, site plan, grading plan, landscape plan, exterior lighting plan, shall be reviewed by the Architectural Board of Review and shall be approved only if said Board determines that the working drawings are consistent with the concept development plans attached as Exhibit C and as amended for conformance with the applicable provisions of this section. 2. Water - Water transmission and distribution facilities shall be designed, constructed, and dedicated in accor- dance with Section 9-4.109 of the Municipal Code and the requirements of the Capistrano Valley Water District. Such distribution facilities and appurtenances shall be approved by the County Fire Marshal. 3. Slopes - All manufactured slopes shall be designed and constructed in accordance with Sections 9-3.505 and 9- 4.112 of the Municipal Code. All such slopes shall be 2:1 ratio or flatter. 4. Utility Undergrounding - The developer shall underground all existing utility lines within the boundaries of the Specific Development Plan. 5. Geotechnical Study - A geotechnical feasibility study shall be completed to determine the seismic safety and soils stability of all proposed grading and development within the Specific Development Plan. The report shall be reviewed and approved by the Building Official prior to issuance of a grading permit. Sewer Service - Developer shall enter into an agreement between the Moulton -Niguel Water District and the City for the provision of sanitary sewer services. All facilities shall be dedicated and constructed in accor- dance with Article 9-4.1 of the Municipal Code and adopted City policy. -2- 365 Specific Development Plan 85-1 7. Landscape Maintenance Agreement - The developer shall enter into an agreement with the City for the mainten- ance of landscaping with the Rancho Viejo Road right-of- way adjacent to the project frontage. Said agreement to be executed prior to issuance of grading/building per- mits. 8. Long -Term Slope Stability Program - Developer shall provide a program for damage from slides occurring after project occupancy. 9. Grading Plan - The preliminary grading plan shall be revised consistent with the following provisions: a. Building D shall be lowered approximately 4 feet and shifted 25 feet easterly. b. The toe of slope south of the southerly project entry to Rancho Viejo Road shall be extended to the interim bicycle trail improvements. C. The frontage parking area south of the southern drive entry shall be deleted and relocated to the easterly front for Building D. d. A landscape berm shall be incorporated into the finish grading plan along the project's street frontage using varying slopes with a minimum height of 4 feet. 10. Building Height Envelope - Buildings A, B, C, and D shall conform to the following building location and height standards: All elevations shall use the benchmark datum shown on the preliminary grading plan (Plan 2), date stamped March 13, 1986. -3- Maximum Maximum Finished Pad Maximum Building Height Elevation of Stories A 295 feet 258 feet 3 B 295 feet 258 feet 2 C 292.5 feet 256.5 feet 3 D 289.5 feet 249.5 feet 2 All elevations shall use the benchmark datum shown on the preliminary grading plan (Plan 2), date stamped March 13, 1986. -3- 366 Specific Development Plan 85-1 11. Building Footprint - The building footprint as shown on the approved preliminary grading plan shall be consi- dered precise. Any modifications shall require an amendmennt to be procured in accordance with Section F of this document. 12. Parking Standards - The development shall conform to all parking design standards of Section 9-3.602 of the Municipal Code. 13. _Roof Res, 12n- All buildings shall maintain a full pitCTed barrel tile roof as shown on Exhibit C. 14. Traffic Signal (Via Escolar and Rancho ViejoRoad) - The developer shall install a traffic signal at the inter- section of Via Escolar and Rancho Viejo Road prior to the issuance of grading permits. The developer may enter into a reimbursement agreement with the City based upon construction costs above that associated with a percentage participation. Said level of reimbursement shall be based upon a traffic analysis approved by the City Engineer. 15. Traffic Signal (Junipero Serra/RanchoViejo Road - Participation epos - The developer shall dit funds equivalent to their percentage participation in a signal at Rancho Viejo Road and Junipero Serra prior to issu- ance of any grading/building permits. 16. Rancho Viejo Road Improvements - The developer shall dedicate and grade for the ultimate realignment for Rancho Viejo Road as shown for the adopted precise alignment (San Joaquin Hills Corridor Joint Powers Authority). In addition, the developer shall dedicate and improve Rancho Viejo Road to secondary street stand- ards in accordance with Article 9-4.1 (Design Standards and Requirements). Said improvements shall include street section, curb, gutter, bicycle trail, drainage facilities, and street lights as shown on the develop- ment plans (Exhibit C). Improvement plans consistent with said plans to be approved by the City Engineer prior to issuance of permits. 17. Traffic Si nal (Junipero Serra/Rancho Viejo Road - Participation) - The developer shall enter into an agreement for percentage participation in a traffic signal at Rancho Viejo Road and Junipero Serra. 18. Avery Parkway and Marguerite Parkway Channelization - The developer shall prepare a channelization plan for Marguerite Parkway at Avery Parkway that provides for a -4- 367 Specific Development Plan 85-1 dual northbound left -turn lane from Marguerite Parkway to westbound Avery Parkway. Said plan is to be approved by the County of Orange and implemented by the devel- oper. 19. Driveway Entry - The developer shall revise the driveway entry in order to accommodate two exiting lanes and one entry lane from the site parking area to Rancho Viejo Road. 20. LandscapePlan - The landscape concept plan included as a part of Exhibit C shall be modified to include the following: a. The landscape plan shall incorporate berming adja- cent to Rancho Viejo Road. The plant palette shall be lawn (grass) with trees. b. The streetscape plantings adjacent to Rancho Viejo Road (realignment) shall be increased with addi- tional bottle trees (evergreen) to further screen the project from Interstate 5. Ratio of evergreen to deciduous shall be 8:1, respectively. C. Boundary landscaping shall include additional trees and shrubs of varying heights to be installed along the eastern project boundary. A tree maintenance and trimming program shall be prepared that will screen the project from the residential area of Country Hills Estates while maintaining views to the westerly hills and ridgeline. d. The northerly knoll shall maintain a natural ap- pearance with formal planting limited to graded slopes. Use of a eucalyptus windrow or cluster planting shall be installed to two planter areas (formal/natural). 21. Roof Plan - The dormers located on the north roof eleva- tions for Buildings C and D shall be relocated to the south roof elevations. 22. Mitigation Measures for Cumulative Traffic Impacts - The developer shall participate in funding to provide for future bridge improvements at Trabuco Creek and Rancho Viejo Road and street improvements to secondary stan- dards for Rancho Viejo Road between Village Road and Spotted Bull Lane. Said participation shall be based upon pro rata share of project contribution to ultimate traffic volumes. -5- Specific Development Plan 85-1 23. Construction Phasing Plan - The developer shall prepare a construction phasing program that includes a schedule for all on-site construction, including grading, build- ing, and on-site improvements such as, but not limited to, parking, landscaping, etc. Said phasing plan to be reviewed and approved by the City Council. F. AMENDMENT OF SPECIFIC DEVELOPMENT PLANS The Director may approve minor modifications to the approved Specific Development Plans pursuant to Section 9-2.314. 2. The Planning Commission may approve modifications to the approved Specific Development Plans if the Commission determines that the modification is consistent with the overall purpose and general design of the originally adopted Specific Development Plan and that the integrity of the original project concept and plan is maintained. The amended Specific Development Plan shall then become the Specific Development Plan associated with the Planned Development District designation on the Official Zoning Map. 3. If the Planning Commission determines that the proposed amendment is not consistent with the overall purpose and general design of the originally adopted Specific Devel- opment Plan, a new zone change application will be required. Such zone change will be reviewed in the same manner as the initial application. G. 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 supple- mentary district regulations adopted as part of the Specific Development Plan shall supersede such Article 9-3.6 of the Municipal Code. H. ISSUES NOT ADDRESSED In cases where standard, regulation, or other issue is not addressed in this Specific Development Plan, the appropriate provision of Title 9 of the Municipal Code shall regulate. I. COMMON AREAS 1. The Specific Development Plan, through appropriate legal instruments such as CC&Rs, management agencies, and/or 369 Specific Development Plan 85-1 owners' associations, shall provide means for the on- going maintenance of all 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 provi- sions of the responsible owners' association for main- tenance 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. 3. In the case of owners' associations, no in -common hold- ing 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' asso- ciation. a AA.�C' sa 370 ���� .rt E vtx: n n4vrts rtc 2a ..............�vt<c 111111 371 0 I 372-. 3'73 Him 3'74 s. E .z �-. 7IlJIR Affl 7 Our ±� 01