Ordinance Number 986AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 10-003
INCORPORATING THE SUBJECT PROPERTY INTO
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01 FORSTER
CANYON, ESTABLISHING AN "HE" (HILLSIDE ESTATE) ZONING
DISTRICT AND SETTING FORTH PERMITTED USES AND
DEVELOPMENT STANDARDS FOR AN EXISTING VACANT 0.60 ACRE
PARCEL LOCATED ADJACENT TO THE WEST SIDE OF AVENIDA
CALIFORNIA AND EAST OF INTERSTATE 1-5 (ASSESSORS PARCEL
NUMBER: 675-08'1-11) (DARMAL)
Whereas, applicant and property owner Arsalan Darmal has requested
approval of rezone and grading plan modification applications incorporating the subject
property into Comprehensive Development Plan (CDP) 81-01, Forster Canyon Planned
Community, establishing an "HE" (Hillside estate) Zone District and allowing grading for
the development of a single-family residence on a vacant irregular shaped 0.60 acre
parcel located adjacent to the west side of Avenida California and east of Interstate 1-5
further described as Assessor Parcel Number 675-081-11; and,
Whereas, the proposed rezone is consistent with the "Planned
Community" General Plan Land Use designation and the "PC" (Planned Community)
zoning district subject to Comprehensive Development Plan (CDP) 81-01 Forster
Canyon; and,
Whereas, the project has been reviewed in accordance with the California
Environmental Quality Act (CEQA) and the City's Environmental Administrator has
determined that the project is categorically exempt (Class 3) from further review
pursuant to Section 15303 (New Construction or Conversion of Small Structures); and,
Whereas, the Planning Commission conducted duly -noticed public
hearings on February 8, 2011,February 22, 2011 and March 22, 2011 pursuant to Title
9, Land Use Code, Section 9-2.302, and City Council Resolution No. 07-09-04-01 and
considered all public oral and written communications.
Whereas, on April 8, 2011 the Planning Commission adopted a resolution
with findings recommending the City Council deny Rezone (RZ) 10-003 and Grading
Plan Modification (GPM) 10-008 and further recommended if the City Council considers
approval of the rezone that the grading plan modification be referred back to the
Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS - REZONE (RZ) 10-003
The proposed zone change is consistent with the General Plan land use map
and applicable goals and policies. The proposed rezone is consistent with the
General Plan designation of "Planned Community" as the project is compatible
with the existing development and land use entitlement in the 391.6 acre CDP.
2. The proposed zone change is consistent with the Land use code, including
Article 1 General Plan Review and Table 2-1, Zoning consistency Matrix. The
proposed rezone is consistent with the Zoning Consistency Matrix as all zones
are listed as consistent with the Planned Community designation subject to a
CDP. The rezone is consistent with all provisions in existing CDP 81-01 Forster
Canyon as 77% of the CDP calls for residential uses including 28% Very Low
Density Residential.
3. The site of the proposed zone change is suitable for any of the land uses
permitted within the proposed zone district. The site of the rezone is suitable for
the proposed single-family residence as it is adjacent to other low density
residential uses, the building pad is relatively flat and the residence will be cut
into the slope to screen views from properties in the vicinity.
4. . The uses allowed by the proposed zone change are compatible with the existing
and planned uses on surrounding properties and the community in general. The
proposed rezone is compatible with existing residential uses and approved
residential entitlements and would not negatively impact properties in the vicinity.
The proposed HE (Hillside Estate) zone district only allows residences,
accessory residential uses and open space.
5. The proposed zone change is reasonable and beneficial at this time. The
proposed rezone is reasonable as it is consistent with the existing CDP 81-01
and the proposed "HE" (Hillside Estate) zone is consistent with the Very Low
Residential designation. The only proposed permitted uses in the HE zone are a
residence, accessory residential uses and open space.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San ,Juan Capistrano approves Rezone (RZ) 10-003, as provided by
Exhibit "A" attached hereto and incorporated herein; and the subject property is
incorporated into Comprehensive Development Plan (CDP) 81-1, Forster Canyon
Planned Community.
2 0986
SECTION 2. VALIDITY OF ORDINANCE
If any part of this ordinance is held to be invalid for any reason, such
decision shall not affect the validity of the remaining portion of this Ordinance, and this
City Council hereby declares that it would have passed the remainder of this ordinance
is such invalid portion thereof had been deleted.
passage.
SECTION 3. EFFECTIVE DATE
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 4. CITY CLERKS 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 requires 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 17�h day of May, 2011 by the
following vote, to wit:
ATTEST:
MARIA MO M F , CITY CLERK
sSAM ALLEVA O, MAYOR
3 0 986
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 986 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 3rd day of May 2011 and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 17th day of May
2011 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Reeve, Taylor and Mayor Allevato
NOES COUNCIL MEMBERS: Freese and Mayor pro tem Kramer
ABSENT: COU CIL -EMBERS: None
MARIA MOR PS,
CI 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 City Cleric 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 4tn day of May 2011, at least 5 days prior to the adoption
of the ordinance, I caused to be posted a certified copy of the proposed ordinance
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 10-003
INCORPORATING THE SUBJECT PROPERTY INTO
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01 FORSTER
CANYON, ESTABLISHING AN "HE" (HILLSIDE ESTATE) ZONING
DISTRICT AND SETTING FORTH PERMITTED USES AND
DEVELOPMENT STANDARDS FOR AN EXISTING VACANT 0.60 ACRE
PARCEL LOCATED ADJACENT TO THE WEST SIDE OF AVENIDA
CALIFORNIA AND EAST OF INTERSTATE 1-5 (ASSESSORS PARCEL
NUMBER: 675-081-11) (DARMAL)
This document was posted in the Office of the Pity Clerk
MARIA MORRIS,, CITY)CLERK
San Juan Capistrano, California
4 0 986
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 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 May 2011 1 caused to be posted a certified copy of Ordinance No.
986, adopted by the City Council on May '17th, 2011 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 10-003
INCORPORATING THE SUBJECT PROPERTY INTO
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01 FORSTER
CANYON, ESTABLISHING AN "HE" (HILLSIDE ESTATE) ZONING
DISTRICT AND SETTING FORTH PERMITTED USES AND
DEVELOPMENT STANDARDS FOR AN EXISTING VACANT 0.60 ACRE
PARCEL LOCATED ADJACENT TO THE WEST SIDE OF AVENIDA
CALIFORNIA AND EAST OF INTERSTATE 1-5 (ASSESSORS PARCEL
NUMBER: 675-081-11) (DARMAL)
This document was posted in the Office of th -Ci y Clerk
MARI MORRIS, C114TYtLE K
San Juan Capistrano, California
5 0986
EXHIBIT A
Exhibit A (continued)
Amending the following table to include the proposed "HE" (Hillside Estate) Zone District:
TABLE 2, DEVELOPMENT DISTRICT STATISTICAL SUMMARY
Parcel
No.
District Designation
Acres
DU's
Density
1
Mesa Residential (MR)
43.8
196
4.5
2a
Village Residential Mesa (VRM)
14.3
79
5.5
11
Recreation Open Space (ROS)
36.5
0
0
12
Public/institutional (PI)
5,5
0
0
13
Senior Housing
5.5
165
30.0
Mone General Open Space (GOS)
Mesa Subtotal
30.0
134.6
n.a.
440
n.a.
2
Vista Residential (VIR)
32.2
114
3.3
3
Garden Residential (GR)
10:5
54
5.1
4
Valley Residential (VAR)
34.1
104
3.0
5
Gauntry residential (CR)
7.3
77
10.5
6
Estate Residential (EES)
12.7
23
1.8
6a
Hillside Estate Residential (HE}
0.66
1
0_1
7
Research & Development Office (ESD)
15.0
n,a.
n.a.
8
Harbor Vista Residential (HVR)
14.7
46
4.4
9110
Publicllnstitutionai (PI)
9.13
n.a.
n.a.
none
Recreation Open Space (ROS)
19.4
n.a.
rr.a.
none
General Open Space (GOS)
101.3
n.a.
ri.a.
Pacifica San Juan Subtotal
2Z7 9 257.6
4178"
PROJECT TOTAL
391: 392.4
8578
2;2
�In accordance with City Council Resolution No, 03-09-16-06 for Pacifica San Juan the�ro�eot will have
no more than 416 dwelling units. Tie 44rapQsed+4# +nite awe -tides twn lets the are
6pesed-l' In the event the Public Works Department acquires two "ER" zoned lots for the
development of a water reservoir, then two lots son4944a-may be redesigned within the other residential
ce4a4--dlstrictsrood the total number of dwelling units in Pacifica San Juan shall not exceed 416.
K
EXHIBIT A (continued)
The followingproposed text to amend the Forster Canyon Comprehensive Development
Plan (CDP) to create a new district to be added to Section V., D, 4, c in the existing
Forster Canyon Planned Community (CDP 81-01).
Comprehensive Development Plan (CDP). Designation:
Section V.,D,4,c Regulations applicable to the (HE) — Hillside Estate Residential District
a) Purpose and intent: land designated for this type of residential use is
intended for the development of a single-family detached home on an
irregular shaped hillside lot. The Hillside Estate Residential district provides
regulations to establish the framework for developing a low-density detached
custom home designed in close harmony with the site and surrounding area
and that is located to maximize views and respond to site opportunities and
constraints.
b) Principal Uses and Structures Permitted:
1. Single family residence, detached (final approval shall be by the Design
Review Committee (DRC).
2. Open Space
c) Accessory Uses and Structures Permitted
1. Home occupations in compliance with the regulations provided in the
Municipal Code.
2. The keeping of pets of a type readily classified as being customarily
incidental and accessory to a permitted principal residential use when no
commercial activity is involved. The keeping of wild, exotic, or non-
domestic animals is prohibited.
3. Horticulture of all types, unlighted and unenclosed by buildings or
structures (non-commercial).
4. Accessory uses and structures customarily associated with and incidental
to the operation of a permitted use.
3
d) Lot Development Stan dards:
Note: All setbacks to be measured from property line. Street setbacks shall
be measured from the ultimate right-of-way line.
1. Minimum Setbacks:
Front:
Side:
Rear:
To Accessory Bldg:
Average 10 feet from front property line but in no
case less than 5 feet.
One-story (maximum height of 10 feet); 5 feet
Two-story (maximum height over 10 feet); 10 feet
5 feet
6 feet
2. Projections: Maximum .projection into setback:
Chimney: 30 inches
Stairs: 36 inches
Eaves: 36 inches
3. Maximum Height:
Two -stories, not to exceed 35 feet
Wall plane height shall be as per the Municipal Code
Basements or floors exposed only on the downhill rear side of the lot shall
not count as a story
4. Accessary Buildings:
Setback from exterior lot line: 10 feet
Setback from an interior lot line: 5 feet
Maximum height of structure: 20 feet.
4