Ordinance Number 841037
ORDINANCE NO. 841
APPROVING REZONE 98-5 - OLSON COMPANY
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING REZONE 98-5 AND ADOPTING SPECIFIC DEVELOPMENT PLAN
99-1 FOR THE CONSTRUCTION OF 25 HOMES LOCATED AT THE SOUTHEAST
CORNER OF RANCHO VIEJO ROAD AND VILLAGE ROAD (OLSON COMPANY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings.
1. The General Plan Policies Document states that medium density residential
development should be located conveniently to circulation and transportation systems. The
applicant's proposal is consistent with this policy in that the project is located adjacent to a
secondary arterial highway, one which is used as a route for public transportation.
The policies document also specifies that new development should only
occur where adequate public services and facilities exist. During the development review process
for this project Planning Staff circulated plans and solicited comments from the Capistrano Valley
Water District, Orange County Fire and Sheriffs Departments and the Capistrano Valley Unified
School District, and all agencies indicated that they had adequate capacity to provide required
public services.
The policies document also states that higher density projects should be kept
at a small scale (number of units, height etc.) and should be compatible with adjacent residential
communities. The applicant's proposal is consistent with the adjacent Village San Juan
development with regards to density and has been designed with a modern interpretation of
Spanish Colonial, Craftsman and French Traditional architecture.
2. The General Plan Designation of the project site is 1.5 (Medium High Density
Residential). The 1.5 designation permits residential development at a density of up to eight (8)
units per acre. The current zone district designation for this proposal is PD (Planned
Development). Because the existing Specific Development Plan (SDP) 83-02 only permits
commercial office uses, the applicant is proposing a new SDP which would permit a residential land
use on the site.
According to the General Plan consistency matrix, the PD Zone District is
consistent with the 1.5 (Medium High Density) General Plan Designation of the site and would
permit development at a density consistent with the General Plan. The General Plan Policies
Document states that "The zoning ordinance should be considered consistent with the General
Plan when the allowable uses and standards contained in the text of the zoning ordinance tend to
further the policies in the general plan and do not inhibit or obstruct the attainment of those
policies". In order to promote consistency with this policy, the applicant has filed an application to
rezone the property to allow a residential land use.
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3. The applicant's proposal is for 25 units consisting of 20 two-story and 5 one-
story units to be located on a 3.93 -acre site. This figure equates to a density of 6.36 units per acre.
The highest density allowed by the General Plan for this site would allow 31.4 units (8 units x 3.93
acres). Therefore, the proposed density is permissible for a property with a medium high density
residential designation.
4. The applicant's proposal is consistent with all of the applicable development
standards of Title 9 of the Land Use Code with respects to the open space, parking, and building
height.
5. The proposed site plan is compatible with existing and proposed land uses
in that surrounding land uses include a secondary arterial highway and two commuter roadways
which will facilitate convenient site access. The property directly northeast of this site has been
developed with attached dwellings at the same or greater density as the applicant's proposal.
6. The applicant's proposal is consistent with the goals policies and objectives
of the Community Design Element in that the General Plan Policies Document specifies that
subdivision designs shall reflect a proper relationship to existing subdivisions and the surrounding
landscape. This proposal maintains an appropriate relationship by virtue of the fact that the project
density of the adjacent development is similar and the proposed project provides an aesthetic style
consistent with existing homes in the area.
7. The general site considerations will provide a desirable environment for the
public in that the lot design of the homes permits greater useable outdoor space, a private park that
is designed to be used by project residents, along with a gated entry and narrow streets that
emphasize the pedestrian scale of the project. Additionally, all driveways are a minimum of 18 feet
in depth and therefore can accommodate two guest parking stalls per unit. The Municipal Code
requires that there be one R.V. parking stall for each seven units within this type of subdivision.
The applicant has proposed instead to include a prohibition of R.V. parking within the development
in the CC&R's for the site.
8. The design of the proposed residences is consistent with the architectural
guidelines in that the applicant is proposing to construct homes which utilize high quality materials,
including decorative wood trim and shingled siding consistent with the Spanish and Craftsman
styles found elsewhere in the City for both the front and rear of all building elevations.
9. The site plan is safe and functional with regards to vehicular circulation in
that the applicant has proposed a forty -two -foot (42') wide driveway to facilitate safe entry into the
site, and has provided a secondary emergency ingress/egress point at the north end of the Rancho
Viejo Road frontage. A sidewalk is also proposed for the full length of the central street (Lot "A")
and will be connected to sidewalks on Rosenbaum and Rancho Viejo Roads ensuring safe
pedestrian access to the site.
10. The frontage along Rancho Viejo Road has been improved with a ten -foot
(10') wide equestrian trail and will be further improved to include a combination sidewalk/bike trail
of nine feet (9') wide bike trail. These elements will connect to feeder trails adjacent to the site and
will link the project with the surrounding community.
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11. The proposed landscape plan has been designed to provide a desirable
environment for the public in that the applicant is proposing a significant increase in street trees
along Trabuco Creek Road (realignment of Rosenbaum Road) and Rancho Viejo Road. This will
insure an attractive and uniform streetscape around the perimeter of the project. Additionally, the
applicant has selected species, namely the London Plane Tree and Red Iron Bark Eucalyptus,
which are consistent with the traditional plantings associated with the Mission and surrounding
region.
12. The proposed residential units will incorporate noise mitigation measures to
insure that interior noise will not exceed 45 db(A) and exterior noise at 60.0 db(A) with the
installation of an eight -foot -high sound wall at the project boundary, per letter dated August 31,
1999, from Gordon Bricken & Associates.
SECTION 2. Amendment Text
Based upon the findings set forth in Section 1 preceding, the City Council hereby
approves Rezone 98-5 and adopts Specific Development Plan 99-01, including site design,
architecture and landscaping plans, as contained in Exhibit A.
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.
PASSED, APPROVED
October 1999.
ATTEST:
(?Jtt�
CITY CLEP*)
AND ADOPTED this 19th day of
q Aut�K<o
JO N GREINER, MAYORK
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039
040
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 841
which was introduced at a meeting of the City Council of the City of San Juan Capistrano,
California, held on October 5 1999, and adopted at a meeting held on
October 19 , 1999, by the following vote:
AYES: Council Member Jones, Hart and Mayor Reiner
NOES: Council Members Swerdlin and Campbell
ABSTAIN: None
ABSENT: None
(SEAL) 2h Cil� Gc�%yiiy�
CHERYL JOHN N, 6TY CLERK
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041
"EXHIBIT A"
Specific Development Plan 99-01
Olson Company (Tract 15771)
The attached site development, architecture and landscape plans, in conjunction with
the following supplementary development standards constitute the Specific
Development Plan for Olson Company/Tract 15771.
Permitted Uses:
The permitted uses and conditional uses permitted within Specific Development Plan
15301 shall be the same as those contained in Section 9-3.405 (Single Family
Residential District) of the Municipal Code.
Supplementary Development Standards:
Development standards shall be the same as those contained is Section 9-3.424
(Development Standards) of the Municipal Code with the following exceptions:
1. Open patios and accessory structures greater than 54 inches in height -
Open patios and accessory structures greater than 54 inches in height may
extend up to a minimum of five feet from the rear property line, but shall
maintain a minimum five foot setback from the side property line
2. Accessory structures less than 54 inches in height - Accessory structures less
than 54 inches in height may extend up to a minimum of three feet from the rear
property line, or the outside line of the dedicated side _yard line as described in
Attachment 1.
Fences, walls, lighting, pools and spas, and other items not discussed here are subject
to the supplementary development standards of the Municipal Code per Title 9,
Chapter 3, Article 6.
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