Ordinance Number 1009 ORDINANCE NO. 1009
i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE
CITY'S OFFICIAL ZONING MAP TO CHANGE THE ZONING
DESIGNATION FOR THE NORTHERLY 10.24 ACRES OF A 20.25 ACRE
SITE LOCATED AT 31000 AVENIDA SIEGA (ASSESSORS PARCEL
NUMBERS: 664-041-09, & 10) (THE OAKS) FROM "OPEN SPACE
RECREATION &(SINGLE-FAMILY-10,000)"TO"SINGLE-FAMILY-10,000"
(REZONE 13-003)
WHEREAS, Tim O'Grady of Davidson Communities Inc., 1302 Camino Del
Mar, Del Mar, CA 92014, has requested approval of Tentative Tract Map (TTM) 17441,
Rezone (RZ) 13-003, Architectural Control (AC) 13-003, Tree Removal Permit (TRP) 13-
052, Grading Plan Modification (GPM) 13-002, Conditional Use Permit(CUP) 13-006,Zone
Variance (ZV) 13-002 (collectively, the "Project") to allow a 32-lot subdivision for single-
family detached residential homes, and modifications to an existing commercial equestrian
facility on a 20.25 acre project site on property located at 31000 Avenida Siega(APNs 664-
041-07, 08, 09, & 10) (the"Oaks Property"),which is General Plan-designated 2.2 Medium
Low Density and 1.0 General Open Space and classified as Open Space Recreation(RS-
10,000) and Open Space Recreation on the Official Zoning Map; and,
WHEREAS, the General Plan Land Use Element designates the northerly
10.24 acres of the Oaks Property as 2.2 Medium Low Density; and,
WHEREAS, the Official Zoning Map currently designates the northerly 10.24
acres of the Oaks Property as "OSR(RS-10,000)," which indicates that this portion of the
Oaks Property is simultaneously subject to development standards and use provisions of
either the Open Space Recreation District or the RS-10,000 (Single Family Residential)
district; and,
WHEREAS, if approved, Rezone 13-003 would amend the Official Zoning
Map to change the zoning designation for the northerly 10.24 acres of the Oaks Property to
RS-10,000 (Single Family Residential); and,
WHEREAS, the Project has been processed pursuant to 9-2.301
Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the initial study
prepared pursuant to Sections 15063 and 15064 of the CEQA Guidelines; has issued a
mitigated negative declaration pursuant to Section 15070 of those guidelines; has caused a
Notice of Mitigated Negative Declaration to be posted pursuant to Section 15072 of those
guidelines; and has otherwise complied with all applicable provisions of the California
Page 1 of 4 01009
Environmental Quality Act (1970); and all mitigation measures have been included in a
Mitigation Monitoring and Reporting Program (MMRP); and,
WHEREAS, the Planning Commission conducted a duly-noticed public
hearing on January 14, 2014, pursuant to Tile 9, Land Use Code, Section 9-2.302
Notification Procedures to consider the environmental determination and documentation
pursuant to Section 15074 of the California Environmental Quality Act, and to consider
public testimony on the Project and considered all relevant public comments; and,
WHEREAS, after careful study, the Planning Commission recommended
adoption of the Mitigated Negative Declaration and recommended a conditional approval of
the Project, subject to an additional condition that Planning Commission review is required
of the final landscape plan for the Ortega Highway frontage; and,
WHEREAS, the City Council conducted a duly-noticed public hearing on
February 18, 2014, pursuant to Tile 9, Land Use Code, Section 9-2.302 Notification
Procedures to consider the environmental determination and documentation pursuant to
Section 15074 of the California Environmental Quality Act,and to consider public testimony
on the Project and considered all relevant public comments; and,
WHEREAS, after careful study, on February 18, 2014, the City Council
adopted the Mitigated Negative Declaration (MND), subject the Mitigation Monitoring
Program (MMP).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are
adopted as the findings of the City Council.
SECTION 2. With respect to Rezone 13-003, the City Council does
hereby make the following findings as established by Section 9-2.315 of Title 9, Land Use
Code of the City of San Juan Capistrano:
1. The proposed zone change is consistent with the General Plan Land Use Policy
Map and applicable goals and policies, specifically the Land Use Element, because
the proposed project would amend the Official Zoning map to be consistent with the
General Plan land use designation of Medium Low Density;
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 because the RS-
10,000 zoning district is identified as consistent with the General Plan's Medium Low
Density land use designation for the property;
3. The site of the proposed zone change is suitable for the land uses permitted within
the proposed zone district because the site access, topography and surrounding
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land uses can accommodate and are compatible with single-family residential
development with minimum 10,000 square foot lot sizes;
U 4. The residential uses allowed by the proposed zone change are compatible with
existing and planned uses on surrounding properties and the community in general
because the project is adjacent to existing Medium Low Density residential
development and because the project proponent is modifying the existing equestrian
stable to be compatible with the proposed residential development; and,
5. The proposed zone change is reasonable and beneficial at this time because it
would eliminate an inconsistency between the General Plan Land Use Policy Map
and the Official Zoning Map and the proposed residential and equestrian
development is consistent with current and/or adjoining uses on the property.
SECTION 3. Ordinance Amendment.
The Official Zoning Map of the City of San Juan Capistrano is hereby
amended to change the zoning designation for the northerly 10.24 acres of the Oaks
Property to RS-10,000(Single Family Residential), as depicted on the map attached hereto
as Exhibit A and incorporated herein.
SECTION 4. Severability.
' I
If any section, subsection, subdivision, paragraph, sentence, clause or
phrase, or portion of this Ordinance is,for any reason, held to be unconstitutional or invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The
City Council herby declares that it would have adopted this Ordinance and each section,
subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance
irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this
end the provisions of this Ordinance are declared to be severable.
SECTION 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 6. 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
Page 3 of 4 01009
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 ADOPT this 4th day of March 2014.
M ALLEVATO, MAYOR
ATTES
MA IS, CI CLER
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Proposed Zoning
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GOS
NOS
RS-10,000
ORjEGP
OSR
0 OSR
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GOS
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RS-10,000 PC(CDP86-2)
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PC-Planned Community District
10 ORS-10,000-Single-Family-10,000 Oistrict -
CPd p _ RA-ReslcentlallAgrlculture District
OCP-Community Park District
-OSR-Open Space Recreation District
p - NOS-Natural Open Spam Owned
GOJ ? _ GO$-General Open Spam
i CM Project Location
0 350 700 1,400
Feet EXHIBITA
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, 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. 1009 which was regularly introduced and placed
up its first reading at the Regular Meeting of the City Council on the 18'"day of February 2014, and that
th�r after, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the
4"d y of arch 2014, by the following vote, to wit:
AYE COUNCIL he
Byrnes, Kramer, Reeve,Allevato and Mayor Taylor
NOEBS COUNCIL MEMBERS: None
AT: COUNCIL- MBERS: None
RI
R18, CI RK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as 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 27"day
of February 2014, 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 CIN OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE
CITY'S OFFICIAL ZONING MAP TO CHANGE THE ZONING
DESIGNATION FOR THE NORTHERLY 10.24 ACRES OF A 20.25 ACRE
SITE LOCATED AT 31000 AVN A SIEGA (ASSESSORS PARCEL
NUMBERS: 664-041-09, & 10) ( E O KS) FROM "OPEN SPACE
RECREATION &(SINGLE-FAMILY-1 ,0 O)'TO"SINGLE-FAMILY-10,000"
(REZONE 13-003)
This document was posted in the Office of the City Cie
MART S, ITY CL K
Sah Ju C pi no, Calillnia
STATE OF CALIFORNIA )
COUNTY OF ORANGE I as 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
01009
compliance with State laws, Government Code section 36933(1) of the State of California.
On the 5"day of March 2014, 1 caused to be posted a certified copy of Ordinance No. 1009, adopted by
the City Council on March 5, 2014, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE
CITY'S OFFICIAL ZONING MAP TO CHANGE THE ZONING
DESIGNATION FOR THE NORTXSI
CRES OF A 20.25 ACRE
SITE LOCATED AT 31000 AV (ASSESSORS PARCEL
NUMBERS: 664-041-09, & 10) FROM "OPEN SPACE
RECREATION &(SINGLE-FAMIL "SINGLE-FAMILY-10,000"
(REZONE 13-003)This document was posted in the Office of the Ci , CITano, C lifornia
01009