PC Resolution-11-03-22-01PC RESOLUTION NO. 11-3-22-1
REZONE (RZ) 10-03
GRADING PLAN MODIFICATION (GPM) 10-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL DENIAL OF A
REZONE AND GRADING PLAN MODIFICATION FOR THE DEVELOPMENT OF A
SINGLE-FAMILY RESIDENCE ON AN EXISTING 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) .
Whereas, Arsalan Darmal, the property owner and applicant, 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 and establishing an "HE" (Hillside estate) Zone District and
allowing an approximately 0.20 acre disturbed area with 310 cubic yards of cut and 280
cubic yards of fill for the development of a 4,906 square foot single-family residence,
two -stories and 25 feet in height with a basement level 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;
Whereas, the project site has a "Planned Community" General Plan Land
Use designation and is situated in the "PC" (Planned Community) Zone District for
Comprehensive Development Plan (CDP) 81-01, Forster Canyon , however the
Comprehensive Development Plan does not establish a site-specific zoning
classification for the subject property; 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, February 22, and March 22, 2011 pursuant to Title 9, Land Use
Code, Section 9-2.302, and City Council Resolution No. 07-09-04-01 to consider all
public oral and written communications.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following findings with respect
to the proposed Rezone:
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PC Resolution 11-3-22-01 2 March 22, 2011
1. The proposed zone change is consistent with the General Plan Land Use
Element and applicable goals and policies, and is consistent with the General
Plan designation of "Planned Community" because the project site could allow
development of a single-family detached (SFD) residential structure which would
be compatible with the existing single-family detached (SFD) land uses and
densities in the Pacifica San Juan project area; and,
2. The proposed zone change is consistent with the Title 9, Land Use Code,
including Article 1 General Plan Review and Table 2-1, Zoning Consistency
Matrix because all zone districts are listed as consistent with the Planned
Community designation subject to adoption of a Comprehensive Development
Plan to regulate land use and development standards and because
Comprehensive Development Plan 81-01, Forster Canyon is designated for 77%
residential use including 28% Very -Low Density Residential and the addition of
one single family residence would remain within these parameters; and,
3. The site of the. proposed zone change may not be suitable for the proposed
residential land use because the applicant has the burden of proof establishing
that the property is in fact a "legal' and "buildable" lot and the applicant has not
met the burden of proof to the satisfaction of the Planning Commission to
establish these facts; and,
4. The residential design and land use proposed by the zone change would not be
compatible with the existing and planned residential land uses on surrounding
properties in the Pacifica San Juan community in general because the project
design does not comply with the design objectives I and policies of
Comprehensive Development Plan 81-01 and the applicant proposes a
contemporary architectural design substantially incompatible with the character
of existing residential development; and,
5. The proposed zone change is not reasonable nor beneficial at this time because
the applicant has the burden of proof establishing that the property is in fact a
"legal" and "buildable" lot and the applicant has not met the burden of proof to the
satisfaction of the Planning Commission; and, because the proposed residential
design and land use allowed by the proposed zone change would not be
compatible with the existing and planned residential land uses on surrounding
properties in the Pacifica San Juan community in general because the project
design does not comply with the design objectives and policies of the
Comprehensive Development. Plan 81-01.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends City Council denial
of Rezone (RZ) 10-003 based on the findings established. herein; and,
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PC Resolution 11-3-22-01 3 March 22, 2011
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby finds that without sufficient
evidence in the record to approve the Rezone (RZ) 10-003, any determination on the
Grading Plan Modification. (GPM) would be premature; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends that should the
City Council approve the Rezone, that the Grading Plan Modification (GPM) be referred
to the Planning Commission for final review and action.
PASSED, APPROVED AND ADOPTED this 22nd day of March, 2011 by
the following vote, to wit:
AYES: Chair Cohen, Commissioners Williams, Kerr, Ratcliffe, Neely and
Parkhurst.
NOES: None
ABSTAIN: Nunn
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Sheldon Cohen, Chair
Principal Planner,