Ordinance Number 961ORDINANCE NO. 961
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING COMPREHENSIVE DEVELOPMENT PLAN 90-02, MAMMOTH
EQUITIES (KOLL SAN JUAN)(KOLL COMPANY)(REZONE 07-02)(ASSESSORS
PARCEL NUMBERS: 650-011-34 & 39)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1, FINDINGS
Whereas the City Council of the City of San Juan Capistrano makes the following
findings:
The Koll Company has requested approval of development plans for a proposed
commercial office development with nine (9) buildings encompassing 66,857 gross
square feet (GSF) of building area on an existing 7.8 net acre (9.2 gross acres) property
located on the east side of Rancho Viejo Road and north of Spotted Bull Lane. The
subject property is General Plan -designated "5.0 -Public & Institutional": The Public &
Institutional designation provides for the development of schools, churches, fire stations,
community centers, utility substations and office complexes, and is classified as "PC"
(Planned Community) on the Official Zoning Map and is subject to the provisions of
Comprehensive Development Plan 90-02, Mammoth Equities; and,
2. The proposed project has been processed pursuant to Section 9-2.301, General Review
Procedures of Title 9, Land Use Code of the San Juan Capistrano Municipal Code; and,
3. The Environmental Administrator required preparation of an environmental impact report
pursuant to Section 15081 of the California Environmental Quality Act (CEQA)
Guidelines; issued the Notice of Preparation pursuant to Section 15082 of those
guidelines, has overseen the preparation of the draft environmental impact report
prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of
Completion pursuant to Section 15085 of those Guidelines, has provided for public
review of the draft environmental impact report pursuant to Section 15087 of those
guidelines; reviewed all comments and prepared responses to comments pursuant to
Section 15088 of those guidelines; has otherwise complied with all applicable provisions
of the California Environmental Quality Act (1970); and all mitigation measures have
been included in a Mitigation Monitoring Reporting Program (MMRP) adopted by
separate resolution; and,
4. The Environmental Administrator required re -circulation of the traffic and circulation
chapter of the Draft Environmental Impact Report (EIR) to allow additional analysis of the
project's Potentially Significant Impacts to the Avery Parkway intersections situated with
the Cities of Laguna Niguel and Mission Viejo based on comments received during the
initial review and comment period; and,
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5. The Transportation Commission conducted a duly -noticed public meeting on February
11, 2009 to consider the proposed project, potential traffic impacts, and proposed
mitigation measures and, after due consideration, forwarded the project to the Planning
Commission for final action with recommendations; and,
6. The Planning Commission has considered the Environmental Administrator's
determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), has considered all project environmental documentation and technical studies,
and,
7. The Planning Commission conducted duly -noticed public hearings on. February .10,
February 24, March 10, April 28, and May 26, 2009 pursuant to Title 9, Land Use Code,
Section 9-2.335 to consider public testimony on the . proposed project and has
considered all relevant public comments.
8. The proposed zone change is consistent with the General Plan land use map and
applicable goals and policies because the property is designated by the General Plan
Land Use Element's Land Use Policy Map as "5.0 -Public & Institutional" which allows
provides for the development of 'office complexes" as proposed by the subject
application, and establishes an 0.40 floor area ratio (FAR) as the maximum intensity of
development within the land use designation and the proposed project requests approval
of 68,000 gross square feet (GSF) of commercial office space resulting in an 0.20 FAR
which is half the maximum intensity permitted under the General Plan.
9. The proposed zone change is consistent with the Land Use Code, including Article 1
General Plan Review and Table 2-1, Zoning Consistency Matrix because the proposed
"PC" (Planned Community) zone designation for the southerly portion of the project site
is consistent with Table 2-1, Zoning Consistency Matrix which expressly provides that the
"PC" (Planned Community) zoning designation is consistent with the "5.0 -Public &
Institutional" General Plan land use designation. Furthermore, the proposed zone
change is consistent with the land use and development standards of Comprehensive
Development Plan (CDP) 90-02, and the zoning standards related to parking, exterior
lighting, noise, signs, tree preservation, and transportation demand management (TDM)
subject to the recommended conditions of approval.
10. The site of the proposed zone change is suitable for the proposed land uses permitted
within the "PC" (Planned Community) Zone District because the proposed zone change
consists of an area of about 24,800 gross square feet (0.57 acres) which would be
improved with the site entrance, and all or a portion of fifteen (15) proposed parking
spaces and no commercial office use nor structures are proposed within the area subject
to the zone change.
11. The uses allowed by the proposed zone change are compatible with existing and
planned uses on surrounding properties and the community in general because no
commercial office use nor structures are proposed within the area subject to the zone
change and consequently, the zone change does not raise an issue of land use
compatibility per se and furthermore, impacts to the existing residential lot to the
southeast will be sufficiently addressed the provision of privacy walls and landscaping
along the common property line.
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12. The proposed zone change is reasonable and beneficial at this time because the 0.57
acre parcel which is subject to the zone change has the same General Plan land use
designation of "5.0 -Public & Institutional" as the adjoining property to the north, is under
the same ownership as the property to the north, and the proposed zone change would
place the subject parcel under the same "PC" (Planned Community) zoning.
SECTION 2. Amendment to Comprehensive Development Plan 90-02.
Comprehensive Development Plan 90-02, Mammoth Equities is hereby amended
with respect to the planning area limits of the Planned Community as provided by Exhibit "A",
attached hereto and incorporated herein.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification
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 1$t day of September, 2009.
UT -i MARK IELSEN, MA R
A�
MART T 1 , ACTI CITY CLERK
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STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed Acting City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 961 which
was regularly introduced and placed upon its first reading at the Regular Meeting of the
City Council on the 18th day of August 2009 and that thereafter, said Ordinance was
duly adopted and passed at the Regular Meeting of the City Council on the 1st day of
September 2009 by the following vote, to wit:
AYES: COUN IL MEMBERS:
NOS COO IL MEMBERS:
ABSENT: C CIL MEMBERS:
Allevato, Hribar, Freese, Uso, and Mayor Nielsen
None
None
, ACTIN)$ CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO }
I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified
Acting City Clerk of the City of San Juan Capistrano; That in compliance with State
laws, Government Code section 36933(1) of the State of California, on the 20th day of
August 2009, at least 5 days prior to September 1, 2009, the date of adoption of the
ordinance, I caused to be posted, in the City Clerk's Office a certified copy of the
proposed Ordinance entitled:
AN ORDINANCE OF THE CITY Or- SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING COMI IVE DEVELOPMENT PLAN
90-02, MAMMOTH EQUITIES (K L SAN JCJAN)(KOLL
COMPANY)(REZONE 07-02)(ASSE SOR R EL NUMBERS: 650-
011-34 & 39)
MARI MO , CTING �I%Y CLERK
San Juan C pi tra o, Califgrn
E, ibit "A"
Comprehana(ve DeveWment 'Plan 90-02
mbmm,dh.E4uv Pla
0961
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows;
That I am the duly appointed and qualified Acting City Clerk of the City of San Juan
Capistrano; that in compliance with State laws, Government Code section 36933(1) of
the State of California.
On the 2nd day of September 2009 1 caused to be posted a certified copy of Ordinance
No, 961, adopted by the City Council on September 1, 2009 entitled;
AN ORDINANCE OF THE CITY OF
CALIFORNIA, AMENDING COMPREH I
90-02, MAMMOTH EQUITIES (KOLL )
(REZONE 07-02) (ASSESSORS PAR L
This document was posted in the Office of the C
SAN JUAN CAPISTRANO,
SIVE D VELOPMENT PLAN
I J ) (KOLL COMPANY)
UNV RS 650-011-34 & 39)
MARIA M9*R1S\ACTING CIY CLERK
San Juan CaDistrano. Califini