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Ordinance Number 11051 O 1105 ORDINANCE NO. 1105 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-001 TO AMEND THE MAMMOTH OFFICES PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 90-02 TO ADD CHURCHES, WITH UP TO FOUR ANCILLARY RESIDENCES WHICH SHALL BE RESTRICTED TO USE FOR EMPLOYEES AND ARE NOT TO BE CHARGED RENT, WITH APPROVAL OF A CONDITIONAL USE PERMIT, AND REMOVING ALL OTHER USES OTHER THAN TELECOMMUNICATIONS TOWERS WITH APPROVAL OF A CONDITIONAL USE PERMIT AT THE PROPERTIES LOCATED AT 29402 RANCHO VIEJO ROAD (ASSESSOR’S PARCEL NUMBERS 650-011-34 & 650-011-39) (APPLICANT: THE PRS GROUP, PHILLIP SCHWARTZE) (PROPERTY OWNER: GRACE INTERNATIONAL), AND DETERMINE THAT THE PROJECT IS EXEMPT FROM CEQA REVIEW PURSUANT TO THE COMMON SENSE EXEMPTION WHEREAS, PRS Group, on behalf of Grace International, has requested approval of CA 20-001 to add Church uses, with up to five ancillary residences for employees, to the list of permitted uses with approval of a Conditional Use Permit within Mammoth Offices Planned Community Comprehensive Development Plan (CDP) 90-02 29402 Rancho Viejo Road (APNs: 650-011-34 & 39). CDP 90-02, generally located on the on the east side of Rancho Viejo Road north of Spotted Bull Lane, has a General Plan Land Use Designation of Public & Institutional and a Zoning Designation of Planned Community; and; and, WHEREAS, Grace International is the owner of real property located at 29402 Rancho Viejo Road (APNs: 650-011-34 & 650-011-39); and, WHEREAS, on August 17, 2021, the City Council approved the initiation of an Amendment to Mammoth Offices Planned Community Comprehensive Development Plan 90-02 (Code Amendment 20-001), thereby directing staff to conduct an appropriate study of proposed amendments; and, WHEREAS, as the project is currently proposed, the Applicant seeks approval to amend the Mammoth Offices Planned Community Comprehensive Development Plan 90- 02 to allow church uses, with up to five ancillary residences for employees, with approval of a conditional use permit (“Project”); and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.309, Amendment of the Land Use Code, of Title 9, Land Use Code of the City of San Juan Capistrano (“City”); 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 is the lead agency for the proposed Project; and, 2 O 1105 WHEREAS, the Planning Commission conducted a duly-noticed public hearing on September 28, 2022, pursuant to Section 9-2.309(d)(3), of Title 9, Land Use Code of the City of San Juan Capistrano and City Council Policy 5 to consider public testimony on the proposed Project, considered all relevant public comments, and, by a 4-0 vote, recommended approval of the Project, including the CEQA exemption determination, to the City Council; and, WHEREAS, on October 18, 2022, the City Council held a duly noticed public hearing to consider this Ordinance and the Project and, following receipt of all written and oral public comments, the City Council closed the public hearing, considered the evidence presented, and deliberated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of San Juan Capistrano hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance as if fully set forth herein. SECTION 2. CEQA. Based upon its review of the entire record before it, the City Council of the City of San Juan Capistrano hereby finds that pursuant to the California Environmental Quality Act and the State CEQA Guidelines that the Project is exempt from further review under State CEQA Guidelines, section 15061(b)(3). The Project qualifies for the common sense exemption under State CEQA Guidelines, section 15061(b)(3) because the addition of a church use within the CDP, is consistent with the uses permitted within the CDP, specifically it is similar to the public & semi-public buildings, such as libraries, museums, art galleries, and governmental buildings permitted by right within the CDP; makes the CDP more consistent with the General Plan, which specifically identifies Public & Institutional zones as appropriate for churches, and the City’s base zoning code, which permits churches in every zone except Town Center and Town Center Edge, with approval of Conditional Use Permit, and caretakers residences as accessory uses in every zone except Town Center Edge; and, the proposed zone change impacts vacant properties which, if development is pursued, project specific CEQA analysis will occur to assess the required entitlements, which make it so that 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 City Council hereby directs staff to prepare, execute and file with the Orange County Clerk-Recorder a notice of exemption within five (5) working days of the approval of this Ordinance. SECTION 3. Findings for Approval of Code Amendment 20-001. The City Council does hereby make the following findings as established by Section 9-2.309(e) of Title 9, Land Use Code of the City of San Juan Capistrano: (1)The proposed Land Use Code amendment conforms with General Plan Land Use Goal 2, Control and direct future growth within the City to preserve the rural village- like character of the community, because the amendment will diversify the land 3 O 1105 use composition without diverting from the City’s long range General Plan for the area to be developed by Public & Institutional uses, by adding a church use which is compatible with the existing land uses and General Plan and ensuring each proposed use remains compatible with the existing and future land uses and character of the City, as well as ensuring adequate public facilities and services through future Conditional Use Permits. (2)The amendment is necessary to implement the General Plan and to provide public convenience because the additional uses expands the allowed uses of the Planned Community to be more consistent with the Public & Institutional Land Use designation which “provides for schools, churches, fire stations, community centers, utility substations and office complexes. Other uses that are determined to be compatible with primary uses may also be allowed,” and would provide for public convenience by increasing the ability of the two properties to attract a new use that could provide a convenience to the public while remaining compatible with the surrounding uses through assessment of a future Conditional Use Permit. (3)The proposed Land Use Code amendment conforms with the intent of the Development Code because the purpose of CDP 90-02 is to: A. Provide development concepts and permitted land uses for approximately 18 acres located on the east side of Rancho Viejo Road south of Via Escolar in order to facilitate implementation of the Land Use and other elements of the General Plan; and, B. To provide for the utilization of innovative land planning and building design as a means of achieving high quality, variety, flexibility and efficiency in design for the designated property; and, C. To ensure high quality unobtrusive development design at this gateway to the City. The properties in this CDP are highly visible from both the I-5 freeway and the San Joaquin toll road and are among the first views drivers experience as they enter San Juan Capistrano. As such, projects must be of high quality and designed to blend into the natural terrain and their visual backdrops. The addition of a church use allows the properties to attract additional uses similar to those currently allowed within CDP 90-02 and consistent with the General Plan Land Use Designation and does not propose to modify any development or design standards of the zoning. Furthermore, the use and ultimate development design will be reviewed and considered by the City through entitlement reviews of a Conditional Use Permit, Architectural Control, and Grading Plan Modification which will ensure that the use, site planning, and buildings proposed for development meet the purpose and intent of CDP90-02. (4)The proposed Land Use Code amendment is reasonable and beneficial at this time because it encourages orderly development. Furthermore, the proposed addition of church uses is reasonable in that they conform to the General Plan and to the purpose and intent of CDP 90-02. SECTION 4. Mammoth Offices Planned Community Comprehensive Development Plan 90-02. 4 O 1105 The proposed amendment to Mammoth Offices Planned Community Comprehensive Development Plan 90-02, and bearing the file number as follows: Code Amendment (CA) 20-001 is hereby approved, and hereby adopted by the City Council and incorporated as part of this Ordinance as Exhibit A. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part hereof. The City Council of the City of San Juan Capistrano hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 6. Publication. The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Capistrano Valley News, a newspaper of general circulation that is printed, published, and circulated in the City of San Juan Capistrano. SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted and published in the manner required by law. SECTION 8. Location and Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The custodian of these records is the City Clerk. SECTION 9. 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 5 O 1105 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. PASSED APPROVED AND ADOPTED this 1st day of November 2022. DEREK REEVE, MAYOR ATTEST: MARIA MORRIS, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1105 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 18th day of October 2022 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 1st day of November 2022 by the following vote, to wit: AYES: COUNCIL MEMBERS: Bourne, Farias, Taylor, and Mayor Reeve NOES: COUNCIL MEMBERS: Mayor Pro Tem Hart ABSENT: COUNCIL MEMBERS: None _____________________________________ MARIA MORRIS, CITY CLERK 6 O 1105 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 20th day of October 2022, 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 OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-001 TO AMEND THE MAMMOTH OFFICES PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 90-02 TO ADD CHURCHES, WITH UP TO FOUR ANCILLARY RESIDENCES WHICH SHALL BE RESTRICTED TO USE FOR EMPLOYEES AND ARE NOT TO BE CHARGED RENT, WITH APPROVAL OF A CONDITIONAL USE PERMIT, AND REMOVING ALL OTHER USES OTHER THAN TELECOMMUNICATIONS TOWERS WITH APPROVAL OF A CONDITIONAL USE PERMIT AT THE PROPERTIES LOCATED AT 29402 RANCHO VIEJO ROAD (ASSESSOR’S PARCEL NUMBERS 650-011-34 & 650-011-39) (APPLICANT: THE PRS GROUP, PHILLIP SCHWARTZE) (PROPERTY OWNER: GRACE INTERNATIONAL), AND DETERMINE THAT THE PROJECT IS EXEMPT FROM CEQA REVIEW PURSUANT TO THE COMMON SENSE EXEMPTION This document was posted in the Office of the City Clerk ________________________________ MARIA MORRIS, CITY CLERK San Juan Capistrano, California 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. 7 O 1105 On the 3rd day of November 2022, I caused to be posted a certified copy of Ordinance No. 1105, adopted by the City Council on November 1, 2022, entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-001 TO AMEND THE MAMMOTH OFFICES PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 90-02 TO ADD CHURCHES, WITH UP TO FOUR ANCILLARY RESIDENCES WHICH SHALL BE RESTRICTED TO USE FOR EMPLOYEES AND ARE NOT TO BE CHARGED RENT, WITH APPROVAL OF A CONDITIONAL USE PERMIT, AND REMOVING ALL OTHER USES OTHER THAN TELECOMMUNICATIONS TOWERS WITH APPROVAL OF A CONDITIONAL USE PERMIT AT THE PROPERTIES LOCATED AT 29402 RANCHO VIEJO ROAD (ASSESSOR’S PARCEL NUMBERS 650-011-34 & 650-011-39) (APPLICANT: THE PRS GROUP, PHILLIP SCHWARTZE) (PROPERTY OWNER: GRACE INTERNATIONAL), AND DETERMINE THAT THE PROJECT IS EXEMPT FROM CEQA REVIEW PURSUANT TO THE COMMON SENSE EXEMPTION This document was posted in the Office of the City Clerk ________________________________ MARIA MORRIS, CITY CLERK San Juan Capistrano, California EXHIBIT A MAMMOTH OFFICES PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 90-02 Adopted: August 7, 1991 (Ordinance #683) Amended: May 20, 1997 (Ordinance #797) May 11, 2004 (PC Resolution 04-5-11-1) May 6, 2014 (Ordinance #1014) November 1, 2022 (Ordinance #1105) City of San Juan Capistrano Planning Department 32400 Paseo Adelanto San Juan Capistrano 92675 Comprehensive Development Plan 90-02 Mammoth Equities P.C. page 2 I.PURPOSE AND INTENT The purpose and intent of this Comprehensive Development Plan is to: A.Provide development concepts and permitted land uses for approximately 18 acres located on the east side of Rancho Viejo Road south of Via Escolar in order to facilitate implementation of the Land Use and other elements of the General Plan; and B.To provide for the utilization of innovative land planning and building design as a means of achieving high quality, variety, flexibility and efficiency in design for the designated property; and, C.To ensure high quality unobtrusive development design at this gateway to the City. The properties in this CDP are highly visible from both the I-5 freeway and the San Joaquin toll road and are among the first views drivers experience as they enter San Juan Capistrano. As such, projects must be of high quality and designed to blend into the natural terrain and their visual backdrops. II.DESIGN STANDARDS A. GOAL To provide for well-designed, office-oriented development which is sensitive to existing site topography and off-site views and which meets the standards of the PC (Planned Community) District. B.SITE DESIGN/GRADING Site and grading design shall preserve the integrity of major landforms and minimize visual impacts from off site. New manufactured slopes shall be designed to resemble natural topography and shall be heavily landscaped. 1.Building pads shall be sited and designed to minimize grading. 2.Pedestrian walkways shall be provided between parking areas, from the public street to all buildings, and between buildings. 3.Grades in parking and drive aisle areas shall be less than 7 percent. C.ARCHITECTURE Building architecture will be consistent with the City's Architectural Design Guidelines and the following design objectives: Comprehensive Development Plan 90-02 Mammoth Equities P.C. page 3 1.Rooftop design, colors and equipment screening shall consider views of the site from residential properties located at a higher grade than the project site. 2.Building colors shall be relatively dark earth tones. 3.Building materials shall incorporate stone treatment at the base and on major architectural features such as columns and entrances. 4.Building facades should not have continuous bands of glazing; long or tall window treatments should be broken up with other architectural features. D. LANDSCAPING Landscaping plant palettes shall be consistent with the building design and shall demonstrate a consistent thematic treatment. Use of sycamore, poplar and oak combined with native plant materials is encouraged. III.PRINCIPAL USES PERMITTED A.Permitted uses on APNs 650-011-37, 650-011-42, 650-011-43, and a portion of 650-011-25 include: a.General office uses such as business, professional and similar office uses. b. Public and semi-public buildings, services and facilities including governmental buildings, public utility offices and exchanges, but excluding public schools, police stations, etc. c.Architecture, engineering, design and consulting firms who provide a service to other business firms. d.Real estate brokerage, mortgage banking, insurance firms. e.Large offices, such as corporate headquarters. f.Offices of nonprofit and civic organizations. g. Libraries, museums and art galleries. h.Financial, insurance, legal and accounting services and travel agencies. i. Small-scale personal services incidental to the above office uses, including snack bars, delicatessens, business supplies and printing and reproduction services, excluding newspaper and other publications. Such uses shall be permitted only in conjunction with the principal permitted office uses and shall not exceed a total of five percent of the total gross square feet of the project. B.Prohibited uses for all APNs include: a.Banks, savings and loan and credit unions, retail banking outlets, except for mortgage banking and general and corporate offices for banks, savings and loans and credit unions. Comprehensive Development Plan 90-02 Mammoth Equities P.C. page 4 b.Medical and dental offices. c.Public and private schools except for general offices related to public and private schools. d.Retail and restaurant uses, except as allowed under “Permitted Uses”, preceding. e.All non-specified uses are prohibited. C.Conditional uses on APNs 650-011-37, 650-011-42, 650-011-43, and a portion of 650-011-25 include: a.Wireless Telecommunication Facilities. D.Conditional uses on APNs 650-011-34 and 650-011-39 include: a.Wireless Telecommunication Facilities. b. Churches, with up to four accessory residential units subject to the following requirements: i.Units must be occupied by church employees. ii.Units shall not be made available for rent or sale. IV.DEVELOPMENT STANDARDS This project falls under the requirements of the Land Use Code’s PC District (Section 9- 3.315), as well as its Supplementary District Regulations (Land Use Code Chapter 3, Article 5), including, but not limited to, Parking and Signing. Development of the site shall adhere to the following standards: a.Building heights and the elevations of the building pads, as well as the overall project design shall allow visual access to surrounding open space. b.The integrity of hilly terrain and respect for views both of and from the hills shall be maintained, and proposed development shall be integrated with the natural topography. c.There shall be no flat roofs. d.There shall be no visible roof-mounted mechanical equipment, unless placed in screened wells. e.Summer shading, windbreaks and visual buffering shall be provided by a number of evergreen trees. Vegetation shall consist of indigenous and domestic species complimentary to the architecture of the project. Comprehensive Development Plan 90-02 Mammoth Equities P.C. page 5 V.MODIFICATIONS TO DEVELOPMENT STANDARDS Modification to this Comprehensive Development Plan shall be made in accordance with Subsection 9-3.315(d) of the Land Use Code. VI.PUBLIC NOTIFICATION All property owners of Country Hills Estates and Spotted Bull Lane shall be included in the notice list for any proposed land use entitlement or project changes subsequent to the effective date of the approval of this Comprehensive Development Plan. VII.SUPPLEMENTARY DISTRICT REGULATIONS The Supplementary District Regulations of Chapter 3, Article 5 of the Land Use Code. However, specific regulations adopted as part of this Comprehensive Development Plan shall supersede said Supplementary District Regulations. VIII.ISSUES NOT ADDRESSED In cases where standard regulation or other issues are not addressed in this Specific Development Plan, the appropriate provision of Title 9 of the Municipal Code shall regulate. IX.COMMON AREAS A.Appropriate legal instruments, such as CC&Rs, management agencies and/or owners’ associations, shall provide means for the on-going maintenance of all retaining walls, open spaces, private streets, parking lots, buildings and landscaping. Said legal instruments shall be approved by the City and shall be appropriately recorded prior to the issuance of building permits. B.The CC&Rs or legal instruments shall incorporate provisions of the responsible owners’ association for maintenance of any commonly owned land should the City determine, after reasonable and customary notice to the property owners’ association, that adequate maintenance is not being performed on such land. C.In the case of owners’ associations, no in-common holding may be sold or otherwise transferred to the control of any other entity, except one conceived and designed to fulfill the same basic purposes as the owners’ association. ATTACHMENT 2 650-011-37 650-011-42 650-011-43 650-011-34 650-011-39