PC Resolution-05-07-12-01PC RESOLUTION NO. 05-7-1 2-1
TENTATIVE PARCEL MAP (TPM) 03-142
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO FORWARDING A RECOMMENDATION OF GENERAL PLAN
INCONSISTENCY FOR 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 McCRACKEN 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 (1 -2 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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of L
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
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 isolated
from and disconnected from the McCracken Hill neighborhood and situated in a
PC Resolution 05-7-12-1 2 July 13, 2005
.../ location where the primary 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 create a
potential precedent for additional subdivision 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
determine that the project is inconsistent with the General Plan Land Use Element and the
Community Design Element; provided however, that should the City Council determine that
the project density is consistent with the General Plan, the Tentative Parcel Map (TPM) will
be returned to the Planning Commission for design review and recommended conditions of
approval .
C’ PASSED, APPROVED AND ADOPTED this 12th day of July, 2005, by the
following vote, to wit:
AYES: Commissioners Drey, Cohen, and Ratcliffe.
NOES: none
ABSTAIN: Vice- Chairman Cardoza
ABSENT: Chairman Neely
Robert Cdoza, Vice ChairGan
Molly Bow, PlAning Director, Secretary
PWanning\Archive\TPM PROJECTS\TPM03-142ForsterEstates\tpmO314Z-PC-res-05-7-12-1 doc)