Ordinance Number 1052 ORDINANCE NO, 1052
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE WHISPERING HILLS
ESTATES COMPREHENSIVE DEVELOPMENT PLAN (CDP) 04-01
ESTABLISHED BY LAND USE CODE SECTION 9-3.315 PLANNED
COMMUNITY TO ALLOW A CHURCH WITHIN SUBAREA A3, AS A
CONDITIONALLY PERMITTED USE, AND TO CLARIFY THAT THE CITY'S
ANNEXATION OF SUBAREA 2 IS COMPLETE (CHURCH OF JESUS
CHRIST OF LATTER DAY SAINTS MEETINGHOUSE)
Whereas, Gary Miller, Miller Architecture, 1177 Idaho Street, Suite 200,
Redlands, CA 92374 (the "Applicant"), has requested approval of Code Amendment (CA)
14-006 to amend the Whispering Hills Estates Community Comprehensive Development
Plan (CDP) 04-01, established by Land Use Code Section 9-3.315 Planned Community, to
allow church uses as a conditional permitted use; and,
Whereas, the Code Amendment will also clarify that the City's annexation of
Subarea 2 is complete; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, pursuant to section 21067 of the Public Resources Code, and
section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.),
the City of San Juan Capistrano is the lead agency for the proposed project; and,
Whereas, in accordance with State CEQA Guidelines section 15063 and the
City's Local CEQA Guidelines, the City prepared an Initial Study to determine if the project
could have a significant effect on the environment; and,
Whereas, based on the information contained in the Initial Study, which
concluded that the project would not have a significant impact on the environment, the
Environmental Administrator has determined that a Mitigated Negative Declaration should
be prepared for the Project, and a Mitigated Negative Declaration was prepared pursuant
to CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines; and,
Whereas, as required by State CEQA Guidelines section 15072(d), on
August 31, 2017, the Notice of Intent to Adopt the MND was posted by the Clerk for the
County of Orange; and,
Whereas, during the public comment period, copies of the Negative
Declaration were available for review and inspection at City Hall, and on the City's website;
and,
1 0 1052
Whereas, the City solicited Tribal input on the project from the Native
American tribes identified by the Native American Heritage Commission (NAHC) to
participate in consultation and the tribes who requested, in writing, that an agency inform it
of proposed projects (in accordance with AB 52 & SB 18) on January 11, 2017; and,
Whereas, pursuant to State CEQA Guidelines section 15073, the draft Initial
Study and Negative Declaration were circulated for a 30-day review period from September
1, 2017 through October 2, 2017, during which the City did received two comment letters
from agencies; and,
Whereas, the City has prepared Errata to the Mitigated Negative Declaration
which resulted from a comment received during the public review period for the IS/MND, as
well as City staff initiated edits to clarify language. The Errata to the Mitigated Negative
Declaration do not require recirculation under State CEQA Guidelines, section 15073.5;
and,
Whereas, all the requirements of the Public Resources Code, the State
CEQA Guidelines, and the City's Local CEQA Guidelines have been satisfied by the City in
connection with the preparation of the Mitigated Negative Declaration, which is sufficiently
detailed so that all of the potentially significant environmental effects of the project have
been adequately evaluated; and,
Whereas, the Mitigated Negative Declaration prepared in connection with the
project sufficiently analyzes the project's potentially significant environmental impacts; and,
Whereas, the findings and conclusions made by the City Council in this
Ordinance are based upon the oral and written evidence presented as well as the entirety
of the administrative record for the project, which is incorporated herein by this reference.
The findings are not based solely on the information provided in this Ordinance; and,
Whereas, prior to taking action, the City Council has heard, been presented
with, reviewed and considered all of the information and data in the administrative record,
including but not limited to the Initial Study, Mitigated Negative Declaration, and all oral and
written evidence presented to it during all meetings and hearings; and,
Whereas, the Mitigated Negative Declaration, as modified, reflects the
independent judgment of the City and is deemed adequate for purposes of making
decisions on the merits of the project; and
Whereas, no comments made in the public hearings conducted by the City
Council, no additional information submitted to the Planning Commission or City Council,
and none of the Errata, have produced substantial new information requiring substantial
revisions that would trigger recirculation of the Negative Declaration or additional
environmental review of the project under State CEQA Guidelines section 15073.5; and,
Whereas, the City Council has considered the Environmental Administrator's
determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), has considered all project environmental documentation; and,
2
Whereas, the Planning Commission conducted a duly-noticed public hearing
on October 24, 2017 pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council
Policy 5 to consider public testimony on the proposed project and considered all relevant
public comments and recommended City Council approval; and,
Whereas, the City Council conducted a duly-noticed public hearing on
December 5, 2017 pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public
testimony on the proposed project and has considered all relevant public comments.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Whispering Hills Estates Community Comprehensive
Development Plan (CDP) 04-01, is hereby amended to the language specified in Exhibit A,
included herein.
SECTION 2. CEQA-The City Council of the City of San Juan Capistrano
does hereby make the following findings with respect to the California Environmental
Quality Act (CEQA) and the Mitigated Negative Declaration (MND) (SCH# 2017081070):
1. RECITALS. The City Council hereby finds that the foregoing recitals are true
and correct and are incorporated herein as substantive findings of this
Resolution.
2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council has reviewed and considered the information contained in the
Mitigated Negative Declaration, as modified by the Errata, Initial Study and other
documents contained in the administrative record for the project. The City
Council finds that the Mitigated Negative Declaration, as modified by the Errata,
Initial Study and administrative record contain a complete and accurate reporting
of the environmental impacts associated with the project and that the Mitigated
Negative Declaration, as modified by the Errata, and the Initial Study have been
completed in compliance with CEQA, the State CEQA Guidelines, and the City's
Local CEQA Guidelines.
3. FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the whole record
before it, including the Mitigated Negative Declaration, as modified by the Errata,
Initial Study, the administrative record and all other written and oral evidence
presented to the City Council, the City Council finds that all environmental
impacts of the project are either less than significant or no impact as outlined in
the Mitigated Negative Declaration, as modified by the Errata, and the Initial
Study. The Mitigated further finds that there is no substantial evidence in the
administrative record supporting a fair argument that the project may result in
any significant environmental impacts. The Mitigated finds that the Negative
Declaration, as modified by the Errata, contains a complete, objective, and
accurate reporting of the environmental impacts associated with the Project and
3
reflects the independent judgment and analysis of the City. No new significant
environmental effects have been identified in the Final Mitigated Negative
Declaration and no changes made to the Mitigated Negative Declaration
constitute substantial revisions requiring recirculation under State CEQA
Guidelines section 15073.5. The changes reflected in the Errata merely clarify
and amplify the project description. (State CEQA Guidelines, section
15073.5(c)(4).)
4. WILDLIFE RESOURCES. Pursuantto Fish and Game Code section 711.4(c), all
project applicants and public agencies subject to the California Environmental
Quality Act shall pay a filing fee for each proposed project, as specified in
subdivision 711.4(d) for any adverse effect on wildlife resources or the habitat
upon which wildlife depends unless a "no effect" finding is made by the
California Department of Fish and Game. This fee is due and payable as a
condition precedent to the County Clerk's filing of a Notice of Determination.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each section, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more section, sentence, clause, phrase, or portion thereof be
declared invalid or unconstitutional.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 5, City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
4
APPROVED AND ADOPTED this 13th day of December 2017,
SEA; IO FARIAS, MAYOR
ATT T.
h
V V �
MARIA S, CI CL
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing is a true and correct copy of Ordinance No.1052 which was regularly introduced and placed upon
its first reading at the Regular Meeting of the City Council on the 5th day of December 2017, and that
thereafter,said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 13th
day of December 2017, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Maryott, Patterson, Reeve, Ferguson and Mayor Farias
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MARIA MORRIS, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance
with State laws, Government Code section 36933(1) of the State of California, on the 7th day of December
2017, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the
proposed ordinance entitled:
AN ORDINANCE OF THE CITY C UNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA,ADDI S CT ON 9-3.588 AND AMENDING
SECTIONS 9-3.301, 9-3.305, AND 9- .30 GARDING THE CREATION
OF AN URBAN AGRICULTURE INC NTI ONE (UAIZ)
This document was posted in the Office of the City Cler
MARIA RMS, I Y CL RK
San Juan apistrano, California.
5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance
with State laws, Government Code section 36933(1) of the State of California.
On the 15th day of December 2017, 1 caused to be posted a certified copy of Ordinance No. 1052, adopted by
the City Council on November 7, 2017, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA,ADDI,NQ SECTION 9-3.588 AND AMENDING
SECTIONS 9-3.301, 9-3.305, AND'9- 09 REGARDING THE CREATION
OF AN URBAN AGRICULTURE INCE TI E ZONE (UAIZ)
I
This document was posted in the Office of the City Cle
1
RIA RIS, CITY ER
San J C istrano, Ca iforni
6
EXHIBIT A
WHISPERING HILLS ESTATES PLANNED COMMUNITY
COMPREHENSIVE DEVELOPMENT PLAN (CDP 04-01 )
SAN JUAN CAPISTRANO, CALIFORNIA
adopted: August 3, 2004 (Ordinance No. 896)
Proposed Amendment: LDS Church on Remainder Parcel (8114)
Planning Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6331
TABLE OF CONTENTS
CHAPTER/SECTION PAGE
CHAPTER 1: INTRODUCTION
1 .1 Purpose and Intent 1-1
1.2 Size and Location of Property 1-2
1.3 General Plan and Zoning 1-2
1.4 Definitions 1-4
CHAPTER 2: LAND USE AND CIRCULATION
2.1 Land Use 2-1
2.2 Circulation and Access 2-4
2.3 Parks and Trails 2-4
2.4 Public Utilities 2-5
CHAPTER 3: PERMITTED USES AND DEVELOPMENT STANDARDS
3.1 Introduction General 3-1
3.2 Provisions Residential 3-1
3.3 Land Uses Nonresidential 3-1
3.4 Land Uses 3-4
CHAPTER 4: PROJECT IMPLEMENTATION
4.1 Phasing 4-1
4.2 Zoning Conditions 4-1
4.3 Development Review Procedures 4-2
1 . INTRODUCTION
1 .1 PURPOSE AND INTENT
This Comprehensive Development Plan (CDP) is intended to implement the PC
"Planned Community" zoning for the Whispering Hills Estates Planned
Community'.
The Planned Community is composed of the following two primary areas:
• Area A: Consisting of Subarea "Al": Vesting Tentative Tract Map 16634 (VTTM
16634), encompassing 314 acres (see Exhibit 2). undder review by the A,
" Subarea "A2", a 34-acre
subarea located in unincorporated territory between the Gity laowfw6ry
andwest of La Pata Avenue which ism has been annexed to the City; and
Subarea "A3", a 4+ acre "mmainder" parcel on the north side of Vista Montana.
• Area " B": The 52-acre± San Juan Hills High School site, which is
being purchased from the owner of VTTM 16634 by the Capistrano Unified
School District (CUSD). Previously, as allowed by state law, the CUSD
Board of Trustees overrode the City zoning on this portion of the Planned
Community in order to permit establishment of the High School. Therefore,
permitted uses and development standards for this Area are under the
authority of CUSD and the Division of the State Architect. Thus, this CDP
does not establish zoning regulations for Area B.
Section 9-3.315 of the City's Land Use Code (Title 9 of the Municipal Code)
identifies the purpose and intent of the PC District:
"(1) Encourage the use of modern land planning and design techniques to
create developments integrating a mixture of different types of land
uses;
"(2) Realize the economic, social, and aesthetic advantages of combining
different types of land uses in a coordinated community design, such
developments to be of sufficient size to provide related areas for
various uses, which may include varying housing types; commercial
retail and service activities; industrial uses; recreation, school and
other public facilities and other appropriate land uses. The regulations
for the Planned Community (PC) District are designed to permit the
adoption of a Comprehensive Development Plan (CDP) providing for a
diversity of uses, building relationships, and open spaces within
planned building groups, while insuring compliance with the General
Plan and this Code;
For purposes of brevity in this CDP, the Whispering Hills Estates Planned Community is sometimes referred to as
"Whispering Hills" or the 'Whispering Hills Planned Community
1-1
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
"(3) To insure, by means of land use regulations and specific conditions of
approval, a more efficient use of open space, the separation of
pedestrian and vehicular traffic, increased project amenities and
compatibility with surrounding development;
"(4) To achieve the coordinated planning and orderly development of
different contiguous parcels of land by means of an approved
Comprehensive Development Plan; and
"(5) To provide open space, agricultural, and low density residential interim
use of property until a Comprehensive Development Plan is approved
and implemented".
1.2 SIZE AND LOCATION OF PROPERTY
The Whispering Hills Planned Community is located on 404 acres in the
southeastern portion of the City of San Juan Capistrano (see Exhibit 1, and Table
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The property has two northwesterly trending ridges (see Exhibit 1). These
ridgelines are designated for preservation in the General Plan. The property also
contains two electric transmission corridors.
1.3 GENERAL PLAN AND ZONING
1.3.1 GENERAL PLAN
Land Use Das
r - The City's General Plan designates the property as
"Planned Community", "Very Low Density Residential" (maximum density of one
dwelling unit per acre), and "General Open Space" . The General Open Space
designation was assigned to the SDG&E transmission line right-of-way extending
diagonally through the property. The two ridgelines on the site are designated as
"Major Ridgelines", to be preserved in open space per the Conservation and Open
Space Element.
Residential Density - The density of the residential portion of the Planned
Community (VTTM 16634) is 155 dwelling units _ 314 acres = .49 du/acre. This
is within the maximum General Plan density of one unit per acre.
1-2
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
Transmission Lime Open Space Desioatiai - The General Open Space
designation is meant to show that the area occupied by the electric transmission
lines is to remain in open space. The aboveground portion will remain in open
space, with the central portion being realigned to accommodate the
undergrounding of the eastern portion. That undergrounded portion will be
relocated in the main entry street, "A" street, which is to be flanked by open space
on both sides in the form of high school playfields on the north and the detention
basins on the south. Thus, the General Plan transmission line open space will be
preserved in its undergrounded condition, though with a slightly different
alignment. Therefore, this CDP is consistent with the General Open Space
designation.
Major Ridgefines - This CDP retains the two major ridgelines in open space (see
Exh. 2).
1.3.2 ZONING
The property is designated "PC" and "GOS" on the Official Zoning Map. The PC
District zoning classification requires that a Comprehensive Development Plan be
integrated into the PC zoning in order to establish permitted land uses and
development standards on a PC-designated property. This is the Comprehensive
Development Plan for the Whispering Hills PC.
The GOS zoning follows the General Plan General Open Space designation for
the electric transmission corridor. As discussed above under "General Plan", the
preservation of this corridor in open space is achieved in both its aboveground and
underground segments. The transmission line corridor is surrounded on both sides
by the area zoned "PC" on the Zoning Map. It is also part of, and under common
ownership with, VTTM 16634. Therefore, for purposes of coordinated planning,
zoning and development and in conformity with the purpose and intent of the PC
District, the corridor has been included in this CDP.
1.4 DEFINITIONS
For the purposes of this Comprehensive Development Plan, the term "Land
Use Code" shall mean Title 9 of the City of San Juan Capistrano's Municipal
Code, as last revised. Unless otherwise indicated herein, all terms used in
this Comprehensive Development Plan shall have meanings as defined in the
Land Use Code.
1-4
2. LAND USE AND CIRCULATION
2.1 LAND USE
2.1.1 SUMMARY
This Comprehensive Development Plan provides for the following land uses and
development within the Whispering Hills Planned Community:
1. A public high school.
2. Vesting Tentative Tract Map (VTTM) 16634: A maximum of 155 single
family dwelling units, with a maximum of 15 dwelling units in the west
canyon area, on minimum 30,000-square-foot lots, and the remaining
140 units in the east canyon area on minimum 10,000-square-foot lots.
3. Open space-oriented uses in Subarea A2: a 34-acre area located
between VTTM 16634 and La Pata Avenue to be appexed to the GA4'_
This area will also include a private neighborhood park serving
the east canyon residential area.
4 A church •'~~• '� ., ^}ems~ �'��� �` ^" in Subarea 83 subfed to
approval of a conditional use permit.
5. The remainder of the property will be used for permanent open space,
trails, detention basins, habitat mitigation/restoration, utilities, and an
electric transmission line corridor.
2.1.2 LAND USE PLAN
Exhibit 2 shows the land use plan for the Whispering Hills Planned Community.
Table 1 shows the land use distribution for the various areas shown on Exhibit 2.
As shown in Table 1, the gross density of the residential portion of the Planned
Community, VTTM 16634, is 0.49 dwelling units per acre (155 dwelling units on
314 acres).
As shown on Exhibit 2, a minimum 500-foot wide open space buffer is established
within the west canyon area along its boundary with the existing Hidden Mountain
Estates development (Tract 11826). No structures other than fencing and the
project entry for the west canyon residential area will be placed in the buffer area.
2-1
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2-2
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
Table 1:
LAND USE DISTRIBUTION
Approximate
Land Use Acreage
Single Family Residential (East Canyon 10,000 SF Lots) 110
Single Family Residential (West Canyon 30,000 SF Lots) 30
Lot H Open Space Area 5
Conservation Easement Area Permanent Open Space 169
Subtotal Subarea"A1": VTTM 16634 314
Subarea A2" 040, erpGkAW Area tie=Annexed to City 34
S.ubareaA3"-- Remainder Parcel on North Side of A Street 4
Total Area A: 352
Total Area B,San Juan Hills High School: 52
TOTAL Whispering Hills Estates Planned Community: 404 acres
2.1.3 OPEN SPACE AND RIDGELINE PRESERVATION
There are two general types of open space within the Whispering Hills PC: Natural
open space (including open space that has been returned to a naturalized state
after disturbance from grading) and landscaped open space areas. Chapter 3 of
this CDP identifies the permitted land uses within open space areas.
The 169-acre "Conservation Easement" area shown on Exhibit 2 is required by the
California Department of Fish and Game as part of Streambed Alteration
Agreement R5-2002-0115 and the United States Army Corps of Engineers as part
of Permit No. 200001593-RLK.
There are two prominent ridgelines running from the northwest to southeast
through the middle of the property (see Exhibit 1). These ridgelines, which join and
become one near the southern edge of VTTM 16634, are designated in the
General Plan as "Major Ridgelines".
Section 9-3.411(c) of the Land Use Code specifies the following:
"No construction activity, including but not limited to grading on any
major ridgeline so designated on the General Plan Map shall be allowed;
more specifically, no construction activity, including but not limited to
grading, shall be permitted within 200 feet (horizontal) of a General Plan
designated ridgeline, or as designated on a final City subdivision map in
accordance with required development conditions, except at as allowed
under subsection (e) Exemptions."
2-3
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
At adoption of this CDP, grading for the San Juan Hills High School was being
carried out under the authority of the Capistrano Unified School District's override
of City zoning on the property per state law. The grading envelope for the high
school extends into the east canyon residential area of VTTM 16634 in order to
ensure that stability and other geotechnical considerations are addressed. Future
development associated with VTTM 16634 will comply with the ridgeline
preservation requirements of Section 9-3.411 of the Land Use Code.
2.2 CIRCULATION AND ACCESS
2.2.1 EXISTING ROADWAYS
The San Diego Freeway (Interstate 5) provides north-south regional access to the
Whispering Hills PC. The freeway is located approximately one and one-half miles
west of the project site. Freeway access is provided at Ortega Highway (SR-74)
via a diamond interchange and by slip ramps south of San Juan Creek Road along
Camino Capistrano and along Valle Road.
The local circulation system in the vicinity of the project site includes San Juan
Creek Road, which is currently a two-lane secondary roadway east of La Novia
Avenue, with sections that have been fully improved to four lanes. La Pata Avenue
is a two-lane roadway east of the Planned Community. Antonio Parkway connects
with Ortega Highway opposite La Pata. Ortega Highway is a four-lane east-west
primary arterial except east of Via Cordova, where it is two lanes.
2.2.2 CIRCULATION PLAN
Primary access to the Planned Community will be provided via La Pata Avenue to
the east canyon area and Avenida La Mancha to the west canyon. There will be
two points of access onto La Pata; a main access controlled by a traffic signal for
both the high school and the east canyon area, and a right-turn in only secondary
access for the high school. Exhibit 2 shows the internal circulation system for
VTTM 16634.
2.3 PARKS AND TRAILS
2.3.1 PARKS
A private neighborhood park will be provided within the east canyon residential
area. The size location and improvements for the park will be determined
in conjunction with review of VTTM 16634.
2.3.2 TRAILS AND BIKEWAYS
Recreational trails and bikeways will be provided in general conformity with the
conceptual alignments shown on Exhibit 3 and the City's Design Manual for
Equestrian and Hiking Trails and City bikeway standards, subject to any
restrictions imposed by the conditions of the Conservation Easement Area
2-4
(California Department of Fish and Game Streambed Alteration Agreement R5-
2002-0115; United States Army Corps of Engineers Permit No. 200001593-RLK).
2.4 PUBLIC UTILITIES
Water and sanitary sewer systems will be provided as shown on VTTM 16634.
Storm drain systems will be as provided in the project's Storm Water Pollution
Prevention Plan and VTTM 16634, and will be installed in accordance with the
Clean Water Act Section 401 Water Quality Certification (File No. 02C-039) for the
project.
2-5
3. PERMITTED USES AND DEVELOPMENT
STANDARDS
3.1 INTRODUCTION
The Planned Community (PC) District regulations included in this Chapter are
adopted pursuant to Section 9-3.315 of the Land Use Code. The purpose of the
land use regulations is to define the permitted uses, development standards and
other zoning regulations for the Whispering Hills Estates Planned Community.
In cases where a land use or a development regulation is not addressed in this
Chapter, the appropriate section of the Land Use Code (Title 9 of the City of San
Juan Capistrano Municipal Code) shall govern. In cases of conflict between a land
use or development regulation in this Chapter and the Land Use Code, this
Chapter shall prevail.
3.2 GENERAL PROVISIONS
The following land use regulations specify permitted land uses and development
standards related to lot size, setbacks, and building heights.
The Planning Director shall have the authority to review proposed land uses that
are not listed in the land use regulations. The Planning Director shall determine that
a proposed unlisted use may be permitted if the proposed use:
• Is compatible with the purpose and intent of the subject land use
district;
• Is of a nature that is comparable to the principal, temporary or
conditional uses permitted in the subject land use district; and
• Will not be detrimental to property in the vicinity of the proposed use.
3.3 RESIDENTIAL LAND USES
3.3.1 APPLICABILITY AND PURPOSE
The regulations in this Section 3.3 apply to the residential portion of Area A in the
Whispering Hills Planned Community. The purpose of these regulations is to
provide for the development, maintenance and preservation of low density
residential development with single family residences on individual lots, plus
associated infrastructure and open space consistent with the PC Zoning District,
and to comply with the City General Plan Land Use Element that designates the
area included in VTTM 16634 as "Very Low Density Residential", allowing up to
one dwelling unit per acre.
3-1
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
3.3.2 PRINCIPAL USES AND STRUCTURES PERMITTED
1. Single-family detached dwellings.
2. Parks and open space, public or private.
3. Clubhouses, community pools and cabanas.
4. Bicycle, equestrian and hiking trails.
5. Drainage facilities and detention basins.
6. Public facilities and utilities.
3.3.3 CONDITIONAL USES AND STRUCTURES PERMITTED
1. Second residential units, as provided for in the California Government Code,
subject to the requirements of the applicable section(s) of the Land Use
Code,
2. Large family day care homes serving 14 or fewer children, in accordance with
Chapter 3.6 of the California Health and Safety Code, subject to the
requirements of the applicable section(s) of the Land Use Code.
3.3.4 ACCESSORY USES AND STRUCTURES PERMITTED
1. Home occupations, subject to the requirements of the applicable section(s) of
the Land Use Code.
2. Unlighted tennis courts and other game courts on individual residential lots,
subject to the requirements of the applicable section(s) of the Land Use
Code. Night lighting of such courts is prohibited unless a conditional use
permit is approved.
3. Non-commercial keeping of household pets customarily incidental and
accessory to residential use, subject to the requirements of the applicable
section(s) of the Land Use Code. The keeping of wild, exotic, or non-domestic
animals is prohibited
4. Swimming pools, spas, fences, patio covers, gazebos, garages and similar
structures and facilities customarily incidental and accessory to residential
use, subject to the requirements of the applicable section(s) of the Land Use
Code.
5. Small family day care homes serving 8 or fewer children, in accordance with
Chapter 3.6 of the California Health and Safety Code, subject to the
requirements of the applicable section(s) of the Land Use Code.
6. For residences in the west canyon only, the following accessory use is
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
permitted: the keeping of horses, noncommercial, subject to the requirements
of the applicable section(s) of the Land Use Code.
7. Other accessory uses and structures determined by the Planning Director to
be incidental to the operation of the permitted use.
3.3.5 TEMPORARY USES AND STRUCTURES PERMITTED
1. Model homes, temporary real estates offices and signs within subdivisions,
subject to the requirements of the applicable section(s) of the Land Use
Code,
2. Temporary construction facilities, including trailers, subject to the
requirements of the applicable section(s) of the Land Use Code.
3. A temporary caretaker residence during the construction of a permanent
single-family residence on an individual lot, subject to the requirements of the
applicable section(s) of the Land Use Code.
3.3.6 DEVELOPMENT STANDARDS FOR RESIDENTIAL LAND USES
Table 2 specifies the standards for residential development within the Planned
Community:
Table 2:
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD West Canyon East Canyon
Max. No. of Residential Lots 15 140
-----------'-'--------------------------------i---------------
Min
--------------
Min. Lot Size 30,000 10,000
Min. Street Frontage' 90 60
--- ---------------------------------1---------------
Max. Structural Height (ft.) 35 35
'----------------'--------_------r------------ ---
Min.
----------- ---
Min. % of One-Story Units Per District 0 20%
----------------------------------J--------------- ---------------
One-Story Homes:
---------------J---------------L--------_------
Min.
___--
Min. Front Yard Setback (ft)2 30 _ _ 20 __ __
_ n.-Side-Yard
------------------------------------------------}-
Min. Side Yard Setback (ft.) . 15 14/63
Min. Rear Yard Setback (ft) 25 ; 25
-
---------------------------------J--------------- ---------------
Max. Floor Area Ratio 0.25 0.40
----------------
--------------- ---------------l---------------
Two-Story
-----------Two-Story Homes: ;
-------------------------------------------------- ---------------
All Setbacks: Same as for One-Story
________________________I--_______--_-__T__--_______----
Floor Area Ratio (1st floor/lot area) ; 0.25 0.35
Floor Area Ratio (2nd floor/first floor) ° o
--------------------------------J---------------1-----___-----__
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
Minimum street frontages for lots on a cul-de-sac or street"knuckle" shall be 40
percent of the minimum street frontage shown. "Flag" lot street frontages shall be
minimum 20', and setbacks shall conform to the requirements of the applicable
section of the Land Use Code.
2 For side-entry type garages, the front setback may be reduced for the garage
portion only to 20' in the west canyon area and 12' in the east canyon area.
3 Min. side setbacks may be distributed within each lot in the east canyon as follows:
Min. 6' one side and min. 14' other side. In all cases, however, the min. side setback
adjacent to streets shall be 10'.
3.3.7 SUPPLEMENTAL RESIDENTIAL REGULATIONS
Signs, parking, fences, swimming pools and other regulations for residences within
the Planned Community shall be as provided in the appropriate section(s) of the
Land Use Code.
3.4 NONRESIDENTIAL LAND USES
3.4.1 APPLICABILITY AND PURPOSE
The purpose of the regulations in this Section 3.4 is to provide permitted uses and
development standards for the nonresidential areas within the Planned Community.
The regulations in this Section shall apply to the open space and other
nonresidential areas within Area A, including Lots D through H in Subarea Al
(VTTM 16634), Subarea A2. the property between VTTM 16634 and La Pata Avenue
to She anne-med-t-a-the Qi and Subaru A3, the four-acre± remainder parcel outside
VTTM 16634 (see Exhibit 2). Permitted uses and development standards for the
San Juan Hills High School site (Area B) shall be determined by the Capistrano
Unified School District and the Division of the State Architect, as provided under state
law.
3.4.2 PRINCIPAL USES AND STRUCTURES PERMITTED IN AREA A
The following permitted uses apply to aU the o en a ace and other nonresidential
portions of Area A identbied in section 3.4.1 and Exhibit 2; i€c-4wd _ aw�as
&R.6=2.A_ eo",Stm"f4..r.. pd other ..i..Fr. l .;i hin A�y�
2A
1. Parks, playfields and related facilities,
2. Passive open space.
3. Bicycle, equestrian and hiking trails.
4. Habitat mitigation.
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
5. Water reservoirs.
6. Electrical, water, sewer and other utility lines.
7. Drainage facilities and detention basins.
8. Fuel modification.
9. Grading necessary to accomplish residential development.
3.4.3 CONDITIONAL USES AND STRUCTURES PERMITTED IN SUBAREA A2
The following conditional uses apply to Subarea A2 and are subie t to aproyal
of a Qonditionjal ase permit.
1. Recreation vehicle storage
2. Educational facilities
3. Commercial outdoor recreation
4. Commercial horse stables
5. Communication transmitting, receiving and relay facilities
6. Wholesale plant nursery, with no selling to the general public
7. Utility buildings
3.4.3.1 CONDITIONAL USES AND STRUCTURES PERMITTED IN SUBAREA A3
The following onnditional uses Poly to Subarea A3 and are sub6ect to approval of
a onditional useep rmit:
1. Ohutghes temples and other Alar s of worship
3.4.4 ACCESSORY USES AND STRUCTURES PERMITTED
Accessory uses and structures incidental to the operation of a permitted use, such
as signage, fences and walls
3.4.5 TEMPORARY USES AND STRUCTURES
Temporary construction facilities, including trailers, subject to the requirements of
the applicable section(s) of the Land Use Code.
3.4.6 DEVELOPMENT STANDARDS FOR NONRESIDENTIAL LAND
For nonresidential portions of Area "A", permitted structures and facilities and
development standards shall be determined in conjunction with approval of the
structure or facility by the City. For San Juan Hills High School (Area B),
setbacks, building heights, and other development standards are not regulated by
this CDP, and shall instead be determined by the Capistrano Unified School
District and the State Architect.
3-5
4. PROJECT IMPLEMENTATION
4.1 PHASING
Phasing of development, roadways and utilities serving the residential portion of
the Planned Community shall be determined in conjunction with the approval of
VTTM 16634. The anticipated phasing of home construction in the residential
portion is shown in Exhibit 4. However, this phasing plan is conceptual only and
may not occur precisely as shown on the Exhibit as development proceeds.
4.2 ZONING CONDITIONS
4.2.1 ADMINISTRATION OF ZONING CONDITIONS
The zoning conditions set out herein are incorporated into this CDP approval. Any
subdivision map application filed with the City under this CDP shall strictly conform
to the CDP plan and the zoning conditions set out in this Section 4.2.
The purpose of the conditions and other requirements in this Section is to ensure
consistency of development in the Whispering Hills Planned Community with the
General Plan, Land Use Code, this CDP, and the mitigation measures identified in
the Environmental Impact Report prepared for the project. The requirements listed
in this Section shall be in addition to other conditions of approval on tentative maps,
site plans, and other entitlements.
The City Council may modify any of the conditions in this CDP without an
amendment to the CDP if it determines that such modification is necessary to
ensure appropriate timing and design of required implementation measures or to
otherwise advance the Purpose and Intent of the CDP (as set out in Chapter 1).
4.2.2 MITIGATION MEASURES FROM EIR
The mitigation measures identified in the Mitigation Monitoring Program for the
Environmental Impact Report (EIR) shall be imposed by the City Council. The
Planning Director may modify such mitigation measures or impose substitute
mitigation measures if the Director determines that such modifications or substitute
measures are necessary to ensure the feasibility of the mitigation measure and/or
to achieve its purpose as identified in the EIR.
4.2.3 BUFFER BETWEEN WEST CANYON AND HIDDEN MOUNTAIN ESTATES
A minimum 500-foot wide open-space buffer area shall be established and
maintained within the west canyon area along its boundary with the existing Hidden
Mountain Estates development (Tract 11826). No structures other than fencing and
the new project entry shall be placed in this buffer area.
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
4.3 DEVELOPMENT REVIEW PROCEDURES
All residential development within the Planned Community, except custom homes
on individual lots, shall be subject to review and approval of development plans
by the Planning Commission in accordance with the development review process,
as set out in the applicable section(s) of the Land Use Code.
Residential building permits allowed in a given year shall be subject to the
requirements of Section 9-2.325 of the Land Use Code (Growth Management)
except as otherwise modified through adoption by the City Council of a
Development Agreement for the project.
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RESIDENTIAL SEQUENCING PLAN 'WHISPERING HILLS ,
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