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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.