PC Resolution-05-03-22-02PC RESOLUTION NO. 05-3-22-2
REZONE 04-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING APPROVAL OF A ZONING MAP AMENDMENT TO
REZONE FROM THE RS-10,000 TO THE RS-20,000 ZONE DISTRICT THOSE PARCELS
LOCATED AT 29522-29841 MONARCH DRIVE, AND AT 28072, 28102, AND 28122
CAMINO LA RONDA AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER(S) 650-451-07 & 08; 650-452-01 TO 03; 650-461-01 TO 17; 650-471-
01 TO 03; 650-972-02; AND 666-071-02 TO 04 (MONARCH DRIVE EQUESTRIAN)
Whereas, Capistrano Royale Homeowners Association (George Reiner,
President ; 29761 Monarch Dr.; San Juan Capistrano, CA 92675) have requested approval
of a zoning map amendment to rezone properties located at 29522-29841 Monarch Drive
from the RS-10,000 to the RS-20,000 Zone District, and those property owners located at
28072, and 28122 Camino La Ronda have requested approval of a zoning map
amendment to rezone from the RS-10,000 to the RS-20,000 Zone District those parcels
located at 29522-29841 Monarch Drive, and at 28072, 28102, and 28122 Camino La
Ronda; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review and 9-2.31 5, Change of Zone District of the Land Use Code;
and, L4
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project is exempt pursuant to Section 15061 (b)(3) which provides that “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 activityis not subject to CEQA.” In this case staff has determined that the
subject properties were historically zoned for equestrian residential use; that such use is
consistent with the General Plan; that the lots are of sufficient size to accommodate the
keeping of horses; and that the 2002 update of Title 9, Land Use Code, appears to have
inadvertently eliminated the equestrian uses on the subject properties. Therefore, staff has
determined this action to be a correction of the zoning ordinance, rather than a new project
under CEQA. The City will post a Notice of Exemption pursuant to Section 15061 (d) of the
CEQA Guidelines which provides that “the notice shall not be filed with OPR or the county
clerk [unless and] until the project has been approved‘; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on March 22,2005pursuant to Title 9, Land Use Code, Section 9-2.335, City Council Policy
5, and Planning Department Policy 510 to consider public testimony on the proposed
project and has considered all relevant public comments. ...-
PC Resolution 05-3-22-2 2 March 22, 2005
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of L
the City of San Juan Capistrano does hereby make the following findings:
1.
2.
3.
4.
The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Land Use Element because it would
maintain the character of neighborhoods, and would ensure that new development
is compatible with the physical characteristics of its site, surrounding land uses, and
available public infrastructure; and,
The proposed project is consistent with the General Plan Land Use Element’s “2.1 ,
Low Density Residential’’ designation of the properties as provided by Section 9-
2.101, Consistency of Projects with the General Plan of Title 9, Land Use Code.
Given the protection afforded by Section 9-3.51 5, Equestrian standards and Section
9-2.323, Grading plan review, the proposed project will result in the development of
land uses suitable to the property’s unique situation including any natural and man-
made constraints.
The proposed zone change would 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.
..-
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends approval of the
project as provided by Exhibit A, Draft Ordinance, attached hereto and incorporated herein
PASSED, APPROVED AND ADOPTED this 22nd day of March, 2005, by the
following vote, to wit:
AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
Director, Secretary
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P:\PlanningV\rchive\Z PROJECTS\Rz0408EquestrianZoning\rz0408-PC-res-05-3-22-2 doc