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PC Resolution-05-11-08-01PC RESOLUTION NO. 05-1 1-8-1 Y TENTATIVE PARCEL MAP (TPM) 03-142 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN RECOMMENDING CITY COUNCIL DENIAL OF A PROPOSED FOUR LOT PARCEL MAP ON AN EXISTING 2.2 ACRE PARCEL LOCATED ALONG THE EAST SIDE OF FORSTER RANCH ROAD SOUTH OF THE McCMCKEN HILL PRIVATE GATE (ASSESSOR PARCEL NUMBER 675-331 -02) (ANVARI ASSOCIATES) Whereas, Anvari Associates; PO Box 1955; Laguna Beach, CA 92652 has requested approval of a four lot Tentative Parcel Map (TPM) application for a 2.2 acre lot located along Forster Ranch Road. The project site is General Plan-designated “2.2 Medium-Low Density Residential (I. 1-2.0 du/acre)” and designated Specific Plan on the Official Zoning Map and is subject to the McCracken Hill Specific Plan; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, General Review Procedures of the Land Use Code; and, Whereas, the Planning Commission conducted a duly noticed public hearing on June 28, 2005 pursuant to Section 9-2.339 of the Municipal Code to consider public testimony on the proposed project and continued the item to July 12,2005, and on July 12, 2005 adopted a resolution determining the project was inconsistent with the General Plan; and , .- Whereas, the Planning Commission conducted a duly noticed public hearing on October 25, 2005 pursuant to Section 9-2.339 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 subdivision design and proposed improvements are inconsistent with the provisions of the General Plan Land Use Element which provides that that “Development at an intensity or density between the average and maximum levels can occur only where projects offer exceptional design quality, important public amenities or benefits, or other factors that promote important goals and policies of the General Plan,” and while the proposed parcel map requests approval to develop the site at the maximum density of 2.0 dwelling units per acre (du/acre), the project does not meet these general criteria; and, 2. The proposed subdivision design and proposed improvements are inconsistent with the General Plan Community Design Element which provides that “hillside residential’’ areas will be developed with “well-planned lot sizes in relation to existing topography” because the property has natural grades with average slopes varying PC Resolution 05-1 1-8-1 2 November 8, 2005 J between about 35% and 55% percent while the proposed lot sizes merely meet the minimum 20,000 square foot lot size requirement; and, 3. The proposed subdivision design and proposed improvements would be inconsistent with the historical development pattern of the McCracken Hill area and situated in a location where the primary physical relationship would be to the Capistrano Unified School District (CUSD) Ancillary Facility and adjoining parking lot; and, 4. The proposed subdivision design and proposed improvements would result in a potential precedent for future subdivisions of land within and adjoining the McCracken Hill neighborhood in an area with an established neighborhood character of low density residential development; and, 5. The proposed subdivision design and proposed improvements would occur in an area with documented ancient landslides which, despite the findings of geologists that the property would meet minimum gross stability requirements, may present a potential public health risk to existing and future homes in the area. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends that the City Council deny the proposed project based on inconsistency with the General Plan Land Use Element and the Community Design Element. d PASSED, APPROVED AND ADOPTED this 8th day of November, 2005, by the following vote, to wit: AYES: Commissioners Cohen, Drey, and Ratcliffe NOES: none ABSENT: Vice Chairman Cardoza and Commissioner Neely ABSTAIN: none Tim Neely, Chairman ~A(CLK)LY ~YLV Molly BogM Planung Director, Secretary P WanningWrchive\TPM PROJECTS\TPMO3-142ForsterEstates\tpmO3142-PC-res-05-10-25-x.doc