PC Resolution-08-08-12-01PC RESOLUTION NO. 08-08-12-01
CODE AMENDMENT (CA) 08-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, RECOMMENDING APPROVAL OF CODE AMENDMENT (CA) 08-01
RELATING TO THE REESTABLISHMENT OF THE PLANNED RESIDENTIAL
DEVELOPMENT DISTRICT IN THE CITY OF SAN JUAN CAPISTRANO'S MUNICIPAL
CODE AND CONFIRMING THE ISSUANCE OF THE CATEGORICAL EXMEPTION
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code and reviewed for compliance with the City's
General Plan and the City's adopted Architectural Design Guidelines; and,
WHEREAS, This project has been reviewed in accordance with the California
Environmental Quality Act and the. Environmental Administrator has determined that the project
is exempt per section 15061 (b)(3) "The activity is covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment, the activity is not subject to CEQX (Section
15061(b)(3)); and,
WHEREAS, On August 12, 2008 the Planning Commission conducted a duly noticed
public meeting pursuant to Section 9-2.31.3 of the Municipal Code to consider public testimony
on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
San Juan Capistrano does hereby make the following findings:
1. The proposed Land Use Code amendment conforms with the goals and policies of the
General Plan;
The proposed reestablishment of the Planned Residential Development District is
consistent with the goals and policies of the General Plan. The General Plan was last
updated in 1999. The Planned Residential Development District was an existing zoning
classification and no inconsistencies were established at the time of update. Further the
proposed action would not result in development which exceeds density allowances as
identified in the General Plan.,,Because the proposed action was not found inconsistent
during the last General Plan update and no density is proposed to be increased, the
proposed amendment is found to be consistent with the General Plan; and,
2. The proposed Land Use Code amendment is necessary to implement the General
Plan and to provide for public safety, convenience, and/or general welfare;
As part of the 2002 Municipal Code update the Planned Residential Development District
was removed. This created a significant number of legal non -conforming structures. The
proposed Code amendment will reestablish the Planned Residential District, thus
eliminating a large number of non -conformities. Because the proposed code amendment
will result in the reduction of non -conformities and will result in property owners being
able to share the same property rights and privileges as adjacent and adjoining property
PC Resolution 08 -08 -12 -XX 2 August .12, 2008
it is found to be necessary to provide for convenient and consistent property
development; and,
3. The proposed Land Use Code amendment conforms with intent of the Development
Code and is consistent with other applicable related provisions thereof; and
The proposed Land Use Code amendment restores the rights and privileges of property
owners that were reduced as a part of the 2002 Municipal Code update. The current
designation does not conform and has created a significant number of legal non -
conformities. Because the proposed amendment restores the rights and privileges of
property owners and corrects the current nonconforming zoning designation it is found to
be consistent with the Development Code; and,
4. The proposed Land Use Code amendment is reasonable and beneficial at this time.
The proposed Land Use. Code amendment is reasonable and beneficial, because the
proposed amendment would reduce the number of legal non -conforming structures.
Further it is found to be reasonable because it does not grant special privileges that
would result in development which is" inconsistent with the existing character of the
communities that would ultimately be affected. Because the code amendment restores
the rights and privileges that were reduced as a result of the 2002 Municipal Code
update it is found to be reasonable and beneficial at this time.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby confirm issuance of a categorical
exemption and. recommends approval to the City Council
PASSED, APPROVED AND ADOPTED this 12th day of August, 2008, by the
following vote, to wit:
AYES: Chairman Cohen, Commissioners Cardoza and Kerr
NOES:
ABSTAIN:
ABSENT: Vice Chairwomen Ratcliffe and Commissioner Kerr
�L Z--,,
Sheldon Cohen, Chairman
Grant Taylor, A tant Community
Development Director