PC Resolution-08-09-09-01PC RESOLUTION NO. 08-09-09-01
REZONE 08-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING CITY COUNCIL APPROVAL OF A NEGATIVE
DECLARATION AND RECOMMENDING APPROVAL OF A ZONING MAP AMENDMENT
TO REZONE THE CAPTAIN'S HILL: TRACT: 8460, MARINER'S VILLAGE: TRACT:
8593, PARK PLACE: TRACT: 15301, CASITAS DEL RIO: TRACT: 11086, CASITAS
CAPISTRANO: TRACT: 5624, SAN JUAN HILLS EAST: TRACT: 9304, SAN JUAN
HILLS WEST: TRACT:. 5514 FROM THE MULTIPLE FAMILY RESIDENTIAL (RM) TO
PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT.
Whereas, The City of San Juan Capistrano initiated a rezone application to
correct certain discrepancies which occurred as a result of the previous overhaul of the
City's Official Zoning Map. The correction results in the rezoning of all properties within the -
identified Communities from the Multiple Family (RM) designation to the Planned
Residential Development District; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review and 9-2.315, Change of Zone District of the Land Use Code;
and,
Whereas, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines, has issued a
negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of
Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has
otherwise complied with all applicable provisions of the California Environmental Quality
Act (1970); and all mitigation measures have been included herein; and,
Whereas, On September 9, 2008 the Planning Commission conducted a duly
noticed public hearing pursuant to Section 9-2.313 of the Municipal Code and resolution
07-09-04-01 of.the City of.San Juan Capistrano's City Council 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 zone change will be consistent with applicable General Plan
goals, policies, and objectives, in particular, the provisions of the Land Use
Element and Circulation Element because residential land uses will be
preserved and maintained, and the project will not alter nor result in
additional traffic.
2. the proposed zone change would rezone properties back to the previous
Zoning designation prior to; the 2002 Municipal Code Update. These
PC Resolution 08-09-09-01 2 September 9, 2008
properties have not had there General Plan designations altered since the
original development. The proposed Rezone would not result in further
expansions of densities, nor alter the existing community character.
Therefore since the Rezone would not result in increased densities and
changes the Zoning designations back to the original standards in which the
developments were designed to, it is found to be consistent with the General
Plan Designation for the site.
3. the proposed zone change will result in the development of land uses
suitable to the property's unique situation including and natural and man-
made constraints because only residential and residentially -related land uses
would be permitted as are presently allowed under the current "RM" (Multiple
Family Residential) Zone District.
4. the proposed zone change will be compatible with the existing land uses
and/or zoning classifications of adjoining properties or properties in the
vicinity of the property being rezoned. which could potentially be affected by
development because only residential and residential -related uses would be
permitted under the Planned Residential Development (PRD) District.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan. Capistrano hereby recommends that the City Council
adopt a Negative Declaration (ND) based on findings the project will not result in significant
environmental impacts; and furthermore, that the City Council approve a zoning map
amendment from the "RM" (Multiple Family Residential) to the "PRD" (Planned Residential
Development) Zone District for the Captain's Hill: Tract: 8460, Mariner's Village: Tract:
8593, Park Place: Tract: 15301, Casitas Del Rio: Tract: 11086, Casitas Capistrano: Tract:
5624, San Juan Hills East: Tract: 9304, San Juan Hills West: Tract: 5514 neighborhoods.
PASSED, APPROVED AND ADOPTED this 9t" day of September, 2008, by the
following vote, to wit:
AYES: Vice chairwoman Ratcliffe, Commissioners; Cardoza, Kerr, and Neely
NOES: none
ABSENT:
ABSTAIN:
Chairman Cohen
none
Gene Ratcliffe, Ch i oman
Grant Taylor, Wistant Community Development
Director.