Ordinance Number 865ORDINANCE NO. 865
RZ 01-09: WHISPERING HILLS 175 DU HIGH SCHOOL ALTERNATIVE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO APPROVING A REZONE
FROM "GM" TO "PC" FOR W HISPERING HILLS ESTATES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, Whispering Hills LLC has filed two alternative rezoning applications with
the City of San Juan Capistrano to reclassify approximately 356 acres, located
approximately 2,000 feet south of the Camino Lacouague terminus, from the "GM" Growth
Management District to the "PC" Planned Community District, and
WHEREAS, the Planning Commission has held duly -noticed public hearings on the
preceding rezoning applications, has recommended denial of the applications, and has
recommended approval of the High School Alternative with a reduction in dwelling units in
the West Canyon area, and
WHEREAS, the two rezoning applications filed by Whispering Hills LLC have not
been approved by the City Council, and
WHEREAS, the City Council held a public hearing, which was duly noticed with
respect to time, place and purpose, and considered the proposed rezoning and associated
land use applications for the project, alternatives to the proposed project, the
recommendation of the Planning Commission, and the evidence and arguments submitted
by the City staff, the developer, and all interested parties, and
WHEREAS, at City Council direction, the City staff and the City's consulting project
manager have prepared a Planned Community "Comprehensive Development Plan" for
a High School Alternative allowing a maximum of 175 dwelling units, and
WHEREAS, pursuant to CEQA and the CEQA Guidelines, an Environmental Impact
Report (EIR) has been prepared for this project. After reviewing the EIR, all comments
received during the public review process, and all responses to those comments, the City
Council has certified the EIR as final and complete, reflecting the independent judgment
of the City of San Juan Capistrano. All records pertaining to preparation, review, and
comment on the EIR are retained in the Planning Department of the City of San Juan
Capistrano.
SECTION 1. Findinqs.
A rezone providing fora public high school and 175 dwelling units, with a maximum
of 15 dwelling units in the West Canyon area and 160 dwelling units in the East
Canyon area promotes the Planned Community District Regulations, is generally
consistent with the Hillside Management (HM) District zoning objectives (Municipal
Code Sec. 9-3.505), and is consistent with the City's General Plan.
The City Council has directed that a revised tentative tract map, consistent with this
Rezoning and accompanying Comprehensive Development Plan, shall be brought
back for review and approval by the City Council. Final review of consistency with
the HM regulations will be carried out at that time.
SECTION 2. MMP and Statement of Overriding Considerations.
The City Council hereby adopts, by reference, the "Mitigation Monitoring Program"
(MMP), attached as Exhibit "B" to the resolution adopted bythe City Council on May
21, 2002, certifying the project Environmental Impact Report (EIR) as final and
complete, and directs that mitigation measures be implemented in accordance with
the MMP. The City Council also adopts, by reference, the "Statement of Overriding
Considerations", attached as Exhibit "C" to the resolution certifying the project
Environmental Impact Report. The EIR identifies certain environmental impacts of
the project which cannot be avoided or substantially lessened. The City Council has
balanced these significant adverse environmental impacts against environmental
benefits and other benefits resulting from approval of the proposed Project, which
are identified in the Statement of Overriding Considerations, and hereby finds that
the benefits override the identified adverse environmental impacts.
SECTION 3. Rezone.
In light of the preceding findings and actions, the City Council hereby approves a
rezone for the Whispering Hills Estates property, from "GM" to "PC", and a
Comprehensive Development Plan, dated June 18, 2002, which is attached hereto
as Exhibit "A" and incorporated herein by reference, providing for a public high
school, open space, and 175 dwelling units, with maximums of 15 dwelling units in
the West Canyon area and 160 dwelling units in the East Canyon area.
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
06-18-02 2 0865
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 AND ADOPTED this 18" day of June,
YOR PRO TEM
ATTEST:
v
M R T R. MONAHAN, CITY CLERK
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 865 which
was regularly introduced and placed upon its first reading at the Regular Meeting of the
City Council on the 21st day of May 2002 and that thereafter, said Ordinance was duly
adopted and passed at a Regular Meeting of the City Council on the 18"' day of June
2002 by the following vote, to wit:
AYES: COUNCIL MEMBERS
NOES COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
7;g4,,tRv k
R. MONAHAN, City Clerk
Hart, Campbell, and Swerdlin
Mayor pro tem Gelff
Mayor Bathgate
06-18-02 3 0865
EXHIBIT A:
COMPREHENSIVE DEVELOPMENT PLAN
06-18-02 0865
COMPREHENSIVE DEVELOPMENT PLAN
FOR 175 DU WITH HIGH SCHOOL
WHISPERING HILLS ESTATES
PLANNED COMMUNITY
CITY OF SAN JUAN CAPISTRANO
JUNE 18, 2002
06-18-02 0865
NOTE: THE ADOPTED CDP INCLUDES THE ADDITIONS
SHOWN DOUBLE -UNDERLINED. DELETIONS ARE SHOWN
STRUCK OVER.
TABLE OF CONTENTS
PAGE
CHAPTER 1: INTRODUCTION
1,1 Purpose and Intent 1-1
1.2 Size and Location of Property 1-3
1.3 Definitions 1-3
CHAPTER 2: LAND USE AND CIRCULATION
2.1 Land Use 2-1
2.2 Circulation and Access 2-4
2.3 Parks and Trails 2-6
2.4 Public Utilities 2-7
CHAPTER 3: PERMITTED USES AND DEVELOPMENT STANDARDS
3.1
Introduction
3-1
3.2
General Regulations
3-1
3.3
Residential Districts Al, A2 and A3
3-2
3.4
Nonresidential Districts
3-4
CHAPTER 4: PROJECT IMPLEMENTATION
4.1 Phasing 4-1
4.2 Zoning Conditions 4-1
4.3 Setbacks from Ridgelines 4-4
4.4 Development Review Procedures 4-4
06-18-02 0865
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 project. (For purposes of brevity,
Whispering Hills Estates will be referred to as "Whispering Hills" in this CDP.)
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;
3. Insure, by means of land use regulations and specific conditions of approval, a
more efficient use of open space, the separation of vehicular and pedestrian traffic,
increased project amenities and compatibility with surrounding development; and
4. Achieve the coordinated planning and orderly development of different contiguous
parcels of land by means of an approved Comprehensive Development Plan.
The PC District zoning classification requires that a CDP be prepared to establish specific
zoning for land uses within the Planned Community District. Section 9-3.410(c)(1) of the Land
Use Code lists the required contents of a CDP:
1. The proposed land uses, distribution, and intensity;
2. A circulation plan for the entire planned community area;
3. The proposed residential population distribution;
4. The proposed residential lot sizes, yield per acre and subdivision design
concepts;
5. The proposed design concept for other uses and for the treatment of the
areas between uses;
6. The location of the existing and proposed public facilities necessary to serve
the development; and
7. Other information required because of specific conditions relating to a given
proposed planned community area.
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
06-18-02 1-2 0865
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
1.2 SIZE AND LOCATION OF PROPERTY
The Whispering Hills site is located on a 356 -acre parcel in the southeastern portion of the City
of San Juan Capistrano. The site is vacant and undeveloped with moderately to steeply sloping
hills and canyons. The site has two northwesterly trending ridges. These ridgelines, designated
for preservation in the General Plan, are flanked by two northwesterly flowing drainage courses.
(see Exhibit 1)
1.3 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. All other
terms used in this Comprehensive Development Plan shall have meanings as defined in the
Land Use Code.
06-18-02 1-3 0 865
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 in the Whispering Hills Estates Planned Community:
1. A public high school.
2. A maximum of 175 single family dwelling units total, with a maximum of 15 units
in the West Canyon area and the remainder in the East Canyon area.
3. The remainder of the property will be used for public and private parks,
permanent open space, recreation trails, detention basins, a water reservoir,
habitat restoration, utilities, and an electric transmission line corridor.
2.1.2 LAND USE PLAN
A. Land Use Distribution - Exhibit 2 shows the land use plan for the Whispering Hills
Estates PC. Table 1 shows the land use distribution for the districts identified on
the Exhibit:
TABLE 1:
LAND USE DISTRIBUTION
Land Use
District
Land Use
Acre cue
Max. Dwelling
Units
Min. Lot
Size s.f.
District "Al"
Single Family
TBD'
15
30,000
i Residential
i
i.................................
i..........................
................................:................................
District "A2"
'Single Family
........................
TBD'
10,000
Residential
...................................................................
........................
1602
..........................
District "A3"
Single Family
TBD'
6860
Residential
:................................
:........................
i
8 000
i
................................
District "B,
Public High
TBD'
.................................
NIA
........................ ..
N/A
................................:................................
School
i........................
i.................................
i................. ...... ...
District "C"
Open Space
i................................
TBD'
i
N/A
i.................................
N/A
i..........................
................................
District "D"
Ridgeline
................. .......
TBD'
N/A
N/A
Preservation
TOTAL
370
175
Acreages to be determined by City in conjunction with review of tentative
map for the project.
z Combined unit total of Districts A2 and A3. Lot sizes to be determined by
City in conjunction with review of tentative map.
06-18-02 2-1 0865
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
06-18-02 2-2 0865
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
B. Residential Density - Excluding the high school site and the SDG&E
transmission corridor, the gross residential density of potential development
under this CDP is approximately 0.6 dwelling units per acre (175 DU/307
acres).
C. Estimated Population - At the General Plan's ratio of 3.09 persons per
dwelling unit, the maximum 175 dwelling units will provide housing for
approximately 541 residents.
D. Land Use Boundaries - Boundaries between land use districts shown on
Exhibit 2 are conceptual and approximate. Precise development boundaries
shall be established on the approved tentative map for the project.
2.1.3 LIMITS ON DWELLING UNITS
Under no circumstances shall the Table 1 dwelling unit maximums of 15 units in
the Al District and 160 units total in the A2 and A3 Districts be exceeded, and no
future subdivision or parcel map shall be approved which has the effect of
increasing the preceding maximum dwelling unit counts.
2.1.4 OPEN SPACE AND RIDGELINE PRESERVATION
A. Open Space
There are two general types of open space within the Whispering Hills
Estates Planned Community: 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.
B. Ridgeline Preservation
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 property boundary, are designated in the
General Plan as "Major Ridgelines".
Section 9-3.510 of the Land Use Code requires that all grading and
construction must be set back a minimum of 200 feet from the top of a Major
Ridgeline unless a "Ridgeline Exception" is granted (LUC Sec. 9-3.510). In
the Whispering Hills Estates PC, grading and construction may be permitted
within 200 feet of Major Ridgelines in the following cases, subject to approval
of such a ridgeline exception by the City:
• Limited grading up to and on Major Ridgelines for recreation trails,
utility undergrounding, utility access roads, and construction access
roads.
• Grading for the high school site up to a minimum of 100 feet from
the adjacent Major Ridgeline.
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
2.2 CIRCULATION AND ACCESS
2.2.1 INTRODUCTION
The San Diego Freeway (Interstate 5) provides north -south regional access to the
Whispering Hills Estates PC. It 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. Avenida La
Pate is a two-lane roadway east of the project site. Antonio Parkway connects with
Ortega Highway opposite Avenida La Pata. Ortega Highway is a four -lane east -
west primary arterial through the City.
2.2.2 CIRCULATION PLAN
Primary access to the project site will be provided via Avenida La Pata to the East
Canyon area and Avenida La Mancha to the West Canyon. There will be two
points of access on Avenida La Pata: a main access controlled by a traffic signal
and a right -turn in only secondary access. Emergency access will be provided
from the high school site to the present terminus of Camino Lacouague and from
the East Gamyon residential area to La Pata near the entramee to the Prilla
Bescheehin " as otherwise required by the Orange County Fire Authority. A
detailed internal circulation plan for the Whispering Hills Estates PC will be
adopted in conjunction with approval of a tentative map.
2.2.3 ORTEGA HIGHWAY WIDENING
The EIR identifies, as a short term mitigation measure, the widening of Ortega
Highway west of La Pata to four lanes. This suggested measure however is not
currently feasible because there are circumstances that render its construction in
conjunction with the Whispering Hills project impractical at the time of adoption of
this Comprehensive Development Plan.
The City has been working with Caltrans on improving the 1-5/Ortega Highway
Interchange as a recognized "choke point' to the Freeway and Ortega Highway
(State Route 73). In previous meetings and in correspondence between the City
and Caltrans, it has been recognized that any widening of Ortega Highway to a full
four lanes to La Pata would only serve to increase traffic congestion at the
interchange and further exacerbate existing impacted traffic levels of service.
Caltrans is currently proceeding with the preliminary design engineering work for
the widening and is currently programming construction of the widening in Fiscal
Year 2006-07. However the City has asked, and Caltrans has agreed to work with
the City to insure that the Ortega Interchange is improved prior to proceeding with
construction of the Ortega widening project. The physical construction to widen
Ortega Highway west of La Pata in conjunction with the Whispering Hills project is
therefore inconsistent with current City direction and would, by its construction,
06-18-02 2-4 0865
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
result in additional negative impacts to the 1-5/Ortega Interchange. Therefore, the
Ortega widening is not considered a feasible mitigation measure.
Ortega Highway is identified on the State Congestion Management Plan's (CMP)
street network and, as such, the Whispering Hill's Estates EIR traffic study must
identify traffic impacts to the roadway. The CMP guidelines further specify that
mitigation fees should be collected to defray the cost of proposed improvements.
Therefore given implementation of the Ortega Highway widening west of La Pata
is considered infeasible in the short term, the City Council has found that:
The Ortega widening mitigation measure is infeasible in the short
term, and;
A fee requirement per the City's "Fair Share" Policy (Policy 111) shall be
imposed as an alternative mitigation measure.
2.2.4 CAMINO LACOUAGUE ACCESS
The high school plan includes a link from the present terminus of Camino Lacouague
to the high school for emergency access purposes. Unless provisions are made to
block pedestrian access, the present terminus of Camino Lacouague could be used as
a location for parents to drop off students who would then walk to the high school via
the emergency connection. This raises the issue of potential impacts to nearby
residents. Therefore, the following alternative measures have been identified to
address these impacts:
Use of Proctors to Prohibit Dropoffs/Pickups - The posting, by the School District
of school proctors at the Lacouague terminus to prohibit dropoffs and pickups.
This, together with a dropoff/pickup prohibition promulgated by the school
principal and City red -curbing of the street, could avoid most of the potential
traffic and other problems.
2. Gate Control at San Juan Creek Road - Conversion of Camino Lacouague to a
private street and installation of a gate at San Juan Creek Road. The gate would
be designed to allow access to pedestrians and bicyclists but to prohibit access
for auto traffic from outside the adjacent neighborhoods. Ownership of the street
would be transferred from the City to the affected homeowner associations. This
measure would minimize dropoff traffic by limiting it to the cars from the
immediate neighborhoods of Hunter's Creek and Rancho San Juan and to
bicyclists and pedestrians.
3. Extension of Camino Lacouague - Extension of Lacouague northward to allow
creation of a cul-de-sac dropoff point beyond the existing homes. This would
mitigate the traffic and noise impacts of the dropoff point itself by moving it away
from the existing homes. However, the traffic impacts would remain, and would
actually be worse for homes beyond the existing terminus. In addition, this
alternative would increase the environmental impacts to habitat in the City's open
space area.
4. Dropoff at Existing Terminus - This alternative would allow dropoffs at the
present terminus, with or without the addition of a cul-de-sac at the dead end.
This would entail little physical change from the existing conditions, but would
result in the greatest traffic and noise impacts to nearby residents.
06-18-02 2-5 0865
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
5. Installation of Barriers to Pedestrians and Bicycles - Installation of a "breakaway"
barrier to make the emergency access road usable only by emergency vehicles
would discourage use of the existing terminus as a dropoff. However, eliminating
the bikeway connection would also eliminate any bike route between the high
school and east canyon residential area and the rest of the City.
In Chapter 4, under "Zoning Conditions", there is a requirement that the City will
determine, in conjunction with future entitlements, which of the above alternatives shall
be used to prevent dropoffs or to mitigate the adverse impacts of such dropoffs on
residents.
2.3 PARKS AND TRAILS
2.3.1 PARK REQUIREMENTS
Whispering Hills Estates will be subject to park dedication and/or in -lieu fees in
accordance with the provisions of the Land Use Code and this CDP.
An area located between the high school site and the electric transmission corridor
paralleling La Pata Avenue will may be dedicated and improved as playfields. These
playfields, in the northeast corner of the East Canyon area, are planned for joint use
between the high school and the City. The playfields are eligible for credit against the
developer's Land Use Code park dedication requirements, provided the following
conditions are met:
The City Council approves dedication of the playfield land to the City in
conjunction with approval of a tentative tract map.
The City Council approves an agreement with the Capistrano Unified School
District for joint use and maintenance of the playfields.
3. The playfields are improved by the developer in order to receive credit toward
the project's park requirements. These improvements shall be in accordance
with plans prepared by the developer and approved by the City and shall
consist of grading, playfields, backstops, spectator seating, turf, trees, shrubs,
groundcover, irrigation, restrooms, play equipment for younger children,
parking areas, and walkways and other hardscape.
4. The developer pays to the City the difference between the developer's parkland
obligation and the value of the playfield dedication and improvements, as
computed by the City utilizing such considerations as the cost of improvements
and the proportion of time that the playfields will be available for use by the
general public.
The preceding requirements are included in Chapter 4 under "Zoning Conditions'.
In addition to the above public park considerations, a private park will be provided
within the East Canyon area. The size, location, and improvements for the private park
will be approved by the City.
2.3.2 TRAILS AND BIKEWAYS
06-18-02 2-6 0865
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
Recreation trails and bikeways will be provided in general conformity with the
conceptual alignments Trails Plan shown on Exhibit 3 and the City's Design Manual
for Equestrian and Hiking Trails and City bikeway standards.
2.4 PUBLIC UTILITIES
For the Whispering Hills Estates project, water, sanitary sewer, and storm drain systems will be
provided by the developer.
As part of its non-domestic water system, the City has plans for a one million gallon non-
domestic water reservoir within the project site at a pad elevation of approximately 555' above
mean sea level. This project is separate from the Whispering Hills Estates project and will
undergo separate environmental review and City approval. Provisions for this reservoir and
associated facilities are addressed in Ghapter 4 will be addressed in conjunction with review of
the tentative map for the project.
06-18-02 2-7 0865
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
EXISTING TRAILS
F1�1 HIKING AND
1 \ r EQUESTRIAN TRAIL
(PROPOSED)
a
U N�,v ✓
2 � l�
�Ya `k
F
I,
y`�p^ 1
3�
\�
1
�iV.,
to T
EXHIBIT 3: CONCEPTUAL
TRAILS PLAN
06-18-02 2-$
0865
3. PERMITTED USES AND DEVELOPMENT
STANDARDS
3.1 INTRODUCTION
The Planned Community (PC) District regulations included in this Chapter of the are adopted
pursuant to Section 9-3.410, "Planned Community (PC) District," of the Land Use Code (Title,9
of the City of the San Juan Capistrano Municipal Code). The purpose of the land use district
regulations is to define the permitted land 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 shall govern. (any references in this section of the
Comprehensive Development Plan to the "Land Use Code" shall mean Title 9 of the City of San
Juan Capistrano's Municipal Code). In cases of conflict between a land use or a development
regulation in this Chapter and the Land Use Code, this Chapter shall govern.
All terms used in this Chapter of the Whispering Hills Estates CDP shall have the same
meaning as those in the Land Use Code.
3.2 GENERAL REGULATIONS
The following land use district regulations specify the permitted land uses within each district
covered by the Whispering Hills Estates CDP. Additionally, the land use district regulations
contain development standards related to lot sizes, setbacks and building heights.
In addition to these general regulations and the land use regulations governing each land use
district all development within the Whispering Hills Estates Planned Community is subject to the
current requirements of Land Use Code Section 9-3.505 (Hillside Management District).
The Planning Director shall have the authority to review proposed land uses that are not listed
in the land use district 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 DISTRICTS Al, A2, AND A3
3.3.1 PURPOSE AND INTENT
To provide for the development, maintenance and preservation of low density
neighborhoods with single family residences on individual lots, plus associated
infrastructure and open space.
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
3.3.2 PRINCIPAL USES AND STRUCTURES PERMITTED
1. Single-family detached dwellings.
2. Mobile homes and modular homes on a permanent foundation system if the
Planning Commission determines that the lot proposed is compatible for such use,
as provided for in the California Government Code. `
3. Residential health care, community care, or elderly care facilities which serve six or
fewer persons and which are identified in the California Health and Safety Code as
required permitted uses in residential districts.
4. Parks and open space, public or private.
5. Clubhouses, community pools and cabanas.
6. Bicycle, equestrian, and hiking trails.
7. Drainage facilities and detention basins.
3.3.3 CONDITIONAL USES AND STRUCTURES PERMITTED
Large family day care homes serving 14 or fewer children, in accordance with the
provisions of Chapter 3.6 of the California Health and Safety Code.
2. Noncommercial kennels, housing four or more dogs of four months of age or older,
subject to the requirements of the applicable section(s) of the Land Use Code.
3. 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.
4. Apiaries (beekeeping).
3.3.4 ACCESSORY USES AND STRUCTURES PERMITTED
1. Small family day care homes serving eight or fewer children, in accordance with
the provisions of Chapter 3.6 of the California Health and Safety Code.
2. Home occupations, subject to the requirements of the applicable section(s) of the
Land Use Code.
3. Unlighted tennis 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.
4. The noncommercial keeping of household pets customarily incidental and
accessory to residential use. The keeping of wild, exotic, or non-domestic animals
is prohibited.
5. 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.
06-18-02 3-2 0865
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
6. Other accessory uses and structures determined by the Planning Director to be
incidental to the operation of a permitted use.
7. In addition to the preceding uses, in the Al District only, the following accessory
use is permitted: The keeping of horses, noncommercial, subject to the
requirements of the applicable section(s) of the Land Use Code.
3.3.5 TEMPORARY USES AND STRUCTURES PERMITTED
1. Model homes, temporary real estate 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 DISTRICTS
Table 2, following, specifies standards for the development of property within
residential districts.
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
TABLE 2:
RESIDENTIAL DEVELOPMENT STANDARDS
''LOPMENT 7
A% Al
Max. No. of Residential Lots 15 160
........................................... ............................................ :.......................... :................ ........... ......................
Min. Lot Size (sq.ft.) 30,000 10,000 i 6''006
88000
.................... ................................................................... ..........................
..........................:........:—.....
Min. Street Frontage (ft.)' 120 80 60
.......................................................................................1..........................4.......................... j......................
Max. Structure Height (ft.) 35 35 35
.................... ................... ................................................
:..........................:..........................:......................
Max. Ratio: First Floor/Lot Area 0.15 0.35 0.35
................................................................................................................. i.......................... {......................
Max. % 2ntl Floor to Is' Floor 75% 80% 80%
...............................................................................................................................................................
Min. % of One -Story Units Per District 0 20% 20%
.................... ................... ................................................ :............. ............. :.......................... :......................
Min. Front Yard Setback for Non -
25 15 15
Garage Portion of Dwelling (ft.)
.......................................................................................:.......................... i ..........................:......................
Min. Front Yard Setback For Garage 30 20 20
Portion of Dwelling (ft.)'
..........................................................................
Min. Side Yard Setback (ft.) 15 10^ 8°
............. ............................................................... ........... :..........................
:..........................:......................
Min. Rear Yard Setback (ft.) 25 25 20
Architectural features not providing habitable floor area, such as roof overhangs,
chimneys, porches, exterior stairs, bay windows, and balconies, may extend into
yard setback areas a maximum of 30 inches.
' Minimum street frontages for lots on a cul-de-sac or street "knuckle" shall be
reduced as follows: The length of a chord connecting the points where the two side
property lines intersect the front property line shall be not less than 60 percent of
the minimum street frontage shown.
' For side -entry type garages, the front setback may be reduced, for the garage
portion only, to 20' in the Al District and 12' in the A2 and A3 Districts.
^- Min. side setbacks may be redistributed within each lot as follows:
A2 District: Min. 6' one side and min. 14' other side.
A3 District: Min. 6' one side and min. 10' other side.
In all cases, however, the min. side setback adjacent to streets shall be 10'.
3.3.7. SUPPLEMENTAL RESIDENTIAL REGULATIONS
Sign, parking, fence, swimming pool, and other regulations for residential districts shall
be as provided in the appropriate section(s) of the Land Use Code.
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
3.4 NONRESIDENTIAL DISTRICTS
3.4.1 PUBLIC FACILITIES — DISTRICT B
Permitted uses with the Public Facilities District include public high schools and related
facilities, parks, and open space. Setbacks, building heights, and other development
standards shall be as determined by the Capistrano Unified School District and the
State Architect.
3.4.2 OPEN SPACE — DISTRICT C
A. Purpose and Intent
The intent of the Open Space District is to preserve areas of the project site for
open space, while permitting only limited recreationally -oriented uses. Open
space includes revegetated manufactured slopes as well as natural open space
areas.
B. Development Standards
Development standards shall be the same as for the "OS" District in the Land
Use Code.
C. Principal Uses and Structures Permitted
1. Passive open space.
2. Parks and playfields.
3. Bicycle, equestrian, and hiking trails.
4. Habitat mitigation.
5. Water reservoirs.
6. Electrical, water, sewer, and other utility lines.
7. Drainage facilities and detention basins.
D. Accessory Uses and Structures Permitted
1. Accessory uses and structures incidental to the operation of a permitted
use, such as signage, fences and walls.
2. Additional uses that the Planning Director finds to be consistent with the
purpose and intent of this Section.
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
3.4.3 RIDGELINE PRESERVATION — DISTRICT D
A. Purpose and Intent
The purpose of the Ridgeline Preservation District is to preserve the ridgelink�s
within the project site in open space.
B. Development Standards
Development standards shall be the same as for the "OS" District in the Land
Use Code.
C. Principal Uses and Structures Permitted
1. Passive open space.
2. Bicycle, equestrian, and hiking trails.
3. Habitat mitigation.
4. Water reservoirs.
5. Electrical, water, sewer, and other utility lines.
06-18-02 3-6 0865
4. PROJECT IMPLEMENTATION
4.1 PHASING
Phasing of development, roadways, and utilities shall be determined in conjunction with
approval of a tentative map.
4.2 ZONING CONDITIONS
4.2.1 ADMINISTRATION OF ZONING CONDITIONS
The zoning conditions set forth herein are incorporated into this CDP plan approval.
Any subdivision map application filed with the City under this CDP shall strictly conform
to the CDP plan and the zoning conditions set forth 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.
4.2.2 MITIGATION MEASURES FROM EIR
The mitigation measures identified in the Mitigation Monitoring Program for the
Environmental Impact Report shall be imposed by the decision-making body. The
decision-making body may modify such mitigation measures or impose substitute
mitigation measures if it determines that such modification or substitute measure is
necessary to ensure feasibility of the mitigation measure and/or to achieve its purpose
as identified in the EIR.
4.2.3 ACCESS TO CITY OPEN SPACE
Provision shall be made for the developer to provide road access linking the horse
stable portion of the City open space area (adjacent to the north boundary of the project
site) to La Pata Avenue.
4.2.4 CAMINO LACOUAGUE
The City shall determine what changes, if any, will be required to Camino Lacouague in
order to mitigate the adverse impacts of the dropoff of students going to the high school
or to prevent such dropoffs altogether. Possible alternative measures to address this
issue are identified in Chapter 2 of this CDP.
06-18-02 4-1 0865
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
4.2.5 PARK REQUIREMENTS
A. Joint -Use Playfields
The playfields proposed in the northeast corner of the East Canyon area shall be
eligible for credit against the developer's Land Use Code park dedication
requirements, provided the following conditions are met:
The City Council approves dedication of the playfield land to the City in
conjunction with approval of a tentative tract map.
2. The City Council approves an agreement with the Capistrano Unified School
District for joint use and maintenance of the playfields.
3. The playfields are improved by the developer in order to receive credit
toward the project's park requirements. These improvements shall be in
accordance with plans prepared by the developer and approved by the City
and shall consist of grading, playfields, backstops, spectator seating, turf,
trees, shrubs, groundcover, irrigation, restrooms, play equipment for
younger children, parking areas, and walkways and other hardscape.
4. The developer pays to the City the difference between the developer's
parkland obligation and the value of the playfield dedication and
improvements, as computed by the City utilizing such considerations as the
cost of improvements and the proportion of time that the playfields will be
available for use by the general public.
B. Private Park within East Canyon
The developer shall provide a fully -improved private park and recreation facility
within the East Canyon residential area. The size, location, and improvements for
the private park shall be approved by the City.
4.2.6 TRAIL REQUIREMENTS
The developer shall provide recreation
Trails Plan shown on Exhibit 3, the
Trails, and City bikeway standards.
4.2.7 LIMITS OF GRADING
trails and bikeways in general conformity with the
City's Design Manual for Equestrian and Hiking
Prior to issuance of grading permits, grading limits shall be established on approved
grading plans. The grading limits shall be marked clearly on the ground prior to the
commencement of grading operations and area outside those limits identified as off-
limits to grading. Adherence to such limits shall be monitored by City inspectors. In
cases where remedial grading is proposed to correct instability conditions uncovered
during grading operations, prior approval by the Planning Director shall be required to
allow such grading to extend beyond the established limits. The Planning Director may
refer any such decision to the Planning Commission if the Director determines such
referral to be in the public interest.
06-18-02 4-2 0865
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
MUM
- - - - - - fcJ�c -
4.2.8 BUFFER BETWEEN WEST CANYON AND HIDDEN MOUNTAIN ESTATES
A minimum 460 150 -foot deep 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 groiect entry shall be placed in this buffer area.
4.2.9 TIMING OF OFFSITE IMPROVEMENTS
The developer shall construct all street improvements, traffic signals, and the
improvements to the La Novia bridge in accordance with the following schedule:
Construction of improvements to the La Novia bridge shall commence prior to
September 1, 2004 and shall be completed prior to the first day of classes for the
new high school.
2. All other street and traffic signal improvements shall be completed prior to one
year after approval of the first final map for the project or prior to issuance of the
first building permit for homes within the project (other than model homes),
whichever comes first.
3. Bonding for improvements shall be in accordance with conditions on the tentative
map. The surety for improvements at the Ortega Highway/La Pata Avenue
intersection shall be in the form of a cash deposit or similar security approved by
the Director of Engineering and Building.
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WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
4.2.10 LEGAL DEFENSE
4.3 SETBACKS FROM RIDGELINES
All grading and construction shall be set back a minimum of 200 feet from the General Plan
designated Major Ridgelines on the site, except for the following, subject to approval of a
Ridgeline Exception by the City in conjunction with approval of a tentative map or grading plan:
• Limited grading up to and on Major Ridgelines for recreation trails, utility
undergrounding, utility access roads, and construction access roads.
• Grading for the high school site up to a minimum of 100 feet from the adjacent
Major Ridgeline.
4.4 DEVELOPMENT REVIEW PROCEDURES
4.4.1 GRADING APPROVALS
4.4.2 DEVELOPMENT REVIEW
All residential projects within Whispering Hills Estates, 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 set forth in
Section 9-2.301 of the Land Use Code. The City may impose specific conditions on
such project approvals in addition to the requirements of this CDP.
4.4.3 RESIDENTIAL GROWTH MANAGEMENT
Residential units allowed in a given year shall be subject to the City's Residential
Growth Management Allocation System.
06-18-02 4-4 0 865