Ordinance Number 884 (2)ORDINANCE NO. 834
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE (RZ)02-03 AMENDING THE
FORSTER CANYON PLANNED COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN (CDP 81-01) ADOPTED BY ORDINANCE 418
AND SUBSEQUENTLY AMENDED BY ORDINANCE 446, 458, 696, 809
AND 711 (PACIFICA SAN JUAN)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
1. The City's Environmental Administrator has reviewed the subject amendment
application, has determined that the project will have a significant effect on the
environment, has required the preparation of a Supplemental Environmental
Impact Report (SEIR) and has otherwise carried out all requirements of the
California Environmental Quality Act.
2. The proposed amendment is consistent with the land use, circulation and other
designations shown for the property in the General Plan and is otherwise
consistent with the General Plan.
3. A duly -noticed public hearing has been held to receive and consider public
testimony regarding the proposed amendment.
4. The Draft Supplemental Impact Report, which incorporates responses to
comments, adequately discloses the environmental impact of the project and
identified appropriate mitigation measures.
5. The Final Supplemental Impact Report has been prepared in conformance with
the California Environmental Quality Act and the City Council certified the Final
Supplemental Environmental Impact Report on September 2, 2003.
6. All impacts will be mitigated to a level of insignificance in the form of plan
changes or conditions of approval with the exception of oxides of Nitrogen (Nox)
emissions which would be unavoidably significant and a statement of overriding
considerations has been adopted.
7. The Final Supplemental Impact Report includes all correspondence, public
testimony and staff reports.
Ordinance 1 09-16-2003
SECTION 2. Amendment.
Based on the findings set forth in Section 1, the City Council ordains that
Ordinance 418, heretofore adopted for the Forster Canyon Planned Community on
March 3, 1981, and subsequently amended by Ordinance 446, 458, 696, 809 and 711,
be amended, including the following modifications which will be a part of the
Comprehensive Development Plan and conditions of Rezone (RZ) 02-03 approval:
WITHIN 90 DAYS FROM DATE OF ADOPTION OF REZONE (RZ) 02-03:
1. The Developer shall submit a Final Housing Opportunities Program for Planning
Director approval. The program shall consist of the Developer assisting the City
and Mercy Housing Inc. in the acquisition of an adequate affordable housing site,
off-site from Developer's property, through a voluntary sale from a private owner
together with Developer's financial assistance in the acquisition to the extent of
its in -lieu affordable housing fee obligations under the City's affordable housing
contribution developer standards. In the event that this requirement becomes
infeasible within the 90 -day period, then Developer shall make available for sale
to the City the 10 acre Las Ramblas site owned by Developer under the terms
outlined by Developer in his letter dated August 29, 2003, on this subject. If the
Las Ramblas site becomes infeasible for this purpose, then the Developer shall
work with the City to acquire some other economically viable off-site parcel for
affordable housing purposes. If the above stated third position becomes
infeasible, then the Developer shall fulfill its affordable housing requirements by
paying in -lieu fees.
PRIOR TO APPROVAL OF THE FIRST FINAL MAP FOR VESTING TENTATIVE
TRACT MAP (VTTM) 15609:
2. The Comprehensive Development Plan text and exhibits for Pacifica San Juan
shall be amended to reflect the approved geometric street section design for
public street(s), private streets and roadways, in accordance with Vesting
Tentative Tract Map 15609, as modified by conditions of approval.
3. The Comprehensive Development Plan, (Section III. Development Plan, G. Open
Space/Recreation, 10. Ownership and maintenance, a. Natural Open Space),
shall be amended to delete all references to potential dedication of the natural
open space slope area northeast of the "CR" Country Residential neighborhood
to the City of San Juan Capistrano.
4. The Comprehensive Development Plan (Section V. Land Use District
Regulations, D. District Regulations, 4.Development Regulations - (ER) Estate
Residential, (VAR) Valley Residential, (VIR) Vista Residential, and (HVR) Harbor
Vista Residential, b. Development Standards) shall be revised to reflect project
compliance with Floor Area Ratio (FAR) standards of comparable zoning
Ordinance 2 09-16-2003
districts, in accordance with San Juan Capistrano Land Use Code, Table 3-2
Development Standards for Residential Districts as follows: ER (Estate
Residential) per RS 10,000, VAR (Valley Residential) and VIR (Vista Residential)
per RS 7,000, HVR (Harbor Vista) per RS -7,000. First and second floor FAR
standards, shall apply, in accordance with Title 9 regulations.
5. The Comprehensive Development Plan (Section V. Land Use District
Regulations, D. District Regulations, 4.Development Regulations - (ER) Estate
Residential, (VAR) Valley Residential, (VIR) Vista Residential, and (HVR) Harbor
Vista Residential, b. Development Standards) shall be revised to reflect project
compliance of the HVR (Harbor Vista) front, side and rear yard setbacks with RS -
7000 zoning district's setback standards, in accordance with San Juan
Capistrano Land Use Code, Table 3-2 Development Standards for Residential
Districts.
6. The Comprehensive Development Plan (Section VI. Conceptual Phasing Plan,
G. Off site infrastructure and Traffic Improvements and H. Local Park
Improvements) shall be revised. The existing text shall be deleted and
substituted with new text referencing the approved Environmental Impact
Reports, associated mitigation measures and conditions of approval for each
tentative tract map within the Forster Canyon Planned Community.
7. The Comprehensive Development Plan (Section V. Land Use District
Regulations, D. District Regulations, 4.Development Regulations - (ER) Estate
Residential, (VAR) Valley Residential, (VIR) Vista Residential, and (HVR) Harbor
Vista Residential, b. Development Standards) shall be revised to reflect project
compliance of the VIR (Vista Residential) rear yard setbacks with RS -7000
zoning district's setback standards, in accordance with San Juan Capistrano
Land Use Code, Table 3-2 Development Standards for Residential Districts.
8. The Comprehensive Development Plan Development standards shall be revised
to incorporate text which will require development of one and two story dwelling
units adjacent to Street "A", scenic and circulation corridors (e.g. 1-5), and areas
visible from or adjacent to public use areas (e.g. parks and recreational trails). At
least twenty percent of the total project units (56 dwelling units) within VTTM
15609 shall be one story.
9. The Comprehensive Development Plan and the Design Guidelines text and
exhibits shall be modified to reflect a maximum density of 46 dwelling units within
Parcel 8 - HVR (Harbor Vista). The nineteen units eliminated from Parcel 8 shall
be transferred to Parcel 5 - CR (Country Residential) and Parcel 2- VIR (Vista -
total of 114 dwelling units). The revised lot configuration for Parcel 8 shall be
subject to review and approval by the Planning Director. The Planning Director
may refer this decision to the City Council. All references in the Comprehensive
Development Plan document limiting the combined total of Parcel 3 - GR
(Garden Residential) and Parcel 5 - CR (Country Residential) to a maximum of
Ordinance 3 09-16-2003
121 dwelling units shall be updated accordingly to reflect the aforementioned
dwelling unit transfer.
10. The Comprehensive Development Plan (Section V. Land Use District
Regulations, D. District Regulations, 10. (RD) Research and Development/
Office District Regulations, f. Development Standards - North R& D/Office Site,
shall not be amended.
11. The Comprehensive Development Plan shall be revised in accordance with the
requested modifications indicated on Exhibit "B".
PRIOR TO OR AT THE TIME OF ADOPTION OF REZONE (RZ) 02-03:
12. The applicant shall execute and enter into the final amended "Water Facilities
Agreement — SunCal Properties Tentative Tract No. 14196", which will replace
the,original November 3, 1992 agreement. The agreement is concerning water
service, payment of all applicable water development fees and charges, and the
construction of dedicated water facilities.
Said amendment is specifically identified as "Exhibit A" entitled "proposed Amendment
to the Forster Canyon Comprehensive Development Plan" on file in the office of the City
Clerk, and is designated as Comprehensive Development Plan 81-01 (Rezone 02-03)
on the Official Zoning Map.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. 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.
Ordinance 4 09-16-2003
PASSED, APPROVED AND ADOPTED this 16th day of Septembey 2113.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, 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. 884 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 2nd day of September 2003 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 16th day of September 2003 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Soto, and Mayor Gelff
NOES
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
Bathgate
MONAHAN, City Clerk
Ordinance 5 09-16-2003