Ordinance Number 868ORDINANCE NO. 868
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING JSERRA EDUCATION
INITIATIVE
The City Council of the City of San Juan Capistrano herby ordains as follows:
WHEREAS, City resident petitioners have filed the "JSERRA Education initiative"
with the City Clerk on July 2, 2002, and
WHEREAS, the City Clerk has determined that said initiative contains the
requisite number of voter signatures to qualify for a special election, and
WHEREAS, Elections Code section 9214 permits the City Council to adopt said
initiative or set the initiative for special election, and
WHEREAS, the City Council has determined to adopt said initiative petition in
lieu of setting the matter for a special election,
NOW THEREFORE, the City Council hereby adopts the JSERRA Education
initiative as filed with the City Clerk, and incorporates said initiative in its entirety by
reference.
Section One: Effective Date
This Ordinance shall take effect and be in force thirty (30) days after its passage.
Section Two: 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.
10-15-02 1 Ordinance
PASSED, APPROVED AND ADOPTED this 15th day of October 2002.
ATTEST:
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 868 which was duly
adopted and passed at a Regular Meeting of the City Council on the 15th day of October 2002
by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS
a
City Clerk
Hart, Swerdlin, and Mayor pro tem Gelff
Campbell and Mayor Bathgate
None
10-15-02 2 Ordinance
THE JSERRA EDUCATION INITIATIVE
The People of the City of San Juan Capistrano do ordain and enact as follows:
Section One: Title: This Initiative measure shall be known and may be
cited as "The JSerra Education Initiative."
Section Two: Intent of the Initiative: It is the intent of this Initiative
measure:
A. To amend various provisions of the General Plan and Land Use Code of
the City of San Juan Capistrano ("City") to allow the development, construction, and
operation of a public or private school ('Project") on approximately 38 acres of land
located adjacent to, and east of, the intersection of Camino Capistrano and Junipero
Serra Road in the City. The general location of the Project is shown on Figures E and F
and is referred to as the 'Project Site." The Assessor Parcel Numbers of the properties
that are subject to this Initiative and are part of the Project Site are set forth in Section
Three, below.
B. To allow the currently vacant, undeveloped property consisting of
approximately 29 acres of land located adjacent to, and east of, the intersection of
Camino Capistrano and Junipero Serra Road, and south of Junipero Serra Road, to be
developed, used, and operated as part of the Project.
C. To allow the property consisting of approximately 9 acres of land that has
previously been developed as, and currently consists of an office complex located
adjacent to, and east of, the intersection of Camino Capistrano and Junipero Serra
Road, and north of Junipero Serra Road, to be developed, used, and operated as part
of the Project.
D. To allow the Project to be fully developed and operational in an
expeditious manner by requiring the City to fully cooperate with the Project applicant
wherever possible and to the maximum extent allowed by law when granting
entitlements and issuing permits for the Project.
Section Three: Definitions: For the purpose of this Initiative, the following
words and phrases shall have the following meanings:
A. "Project Site" shall mean the approximately 38 acres of land located
adjacent to, and east of, the intersection of Camino Capistrano and Junipero Serra
Road in the City, bounded by Interstate 5 on the East, and generally comprised of, at
the time this Initiative commenced circulating among the voters, Assessor Parcel
Numbers ("APN") 649-361-03, 649-011-25, and 649-011-30. The 'Project Site" does
not include the Kaiser medical facility, generally comprised of APN 649-361-02; the
property on which the Kaiser medical facility is located is not subject to this Initiative.
The "Project Site" also does not include the two service stations, generally comprised of
APN 649-361-04 and 649-011-29; these service stations are not subject to this Initiative.
B. 'Project" shall mean the development, construction, and operation of a
public or private school on the Project Site, with a student enrollment of up to 3,000
students. The term 'Project" shall include the development, construction and operation
of any accessory facilities that are used as part of, or support the school, including, but
not limited to, sports facilities, gymnasium facilities, recreational halls, maintenance
buildings, and administrative buildings.
Section Four: Competing, Regulatory Alternative:
A. In the event that another ballot measure (hereafter, "competing initiative")
appears on the same ballot as this Initiative which seeks to adopt or impose any City
General Plan or Land Use Code designations or requirements that differ in any regard
to, or supplement, those contained in this Initiative, the voters hereby expressly declare
10-15-02 1 Ordinance
their intent that if both the competing initiative and this Initiative receive a majority of
votes cast, and if the Initiative receives a greater number of votes than the competing
initiative, this Initiative shall prevail in its entirety over the competing initiative without
regard to whether specific provisions of each measure directly conflict with each other.
Under these circumstances, the competing initiative shall have no force or effect and
shall be void.
B. In the event that both the competing initiative and this Initiative receive a
majority of votes cast, and the competing initiative receives a greater number of votes
than this Initiative, this Initiative shall be deemed to be complimentary to the competing
initiative. To this end, and to the maximum extent permitted by law, the provisions of
this Initiative shall be fully adopted except to the extent that specific provisions
contained in each measure are deemed to be in direct conflict with each other on a
"provision by provision" basis pursuant to Yoshisato v. Superior Court If 992) 2 Cal. 4h
978.
Section Five: Legislative Findings and Purpose: The people of San
Juan Capistrano find and declare the following:
A. The Proiect Site is Ideal for the Location of a Public or Private School.
The Project Site contains some of the last remaining parcels of land located within the
City where a private or public school can be located. Because of its location away from
most residential areas within the City, the Project will impose very little, if any, negative
impacts on residential areas within the City, yet is easily accessible from all parts of the
City due to the Project Site's location adjacent to the intersection of Camino Capistrano
and Junipero Serra Road. The Project Site is also relatively close in proximity to the
City's library. The voters hereby declare that the Project Site is appropriate for the
location of a public or private school.
Franciscan Missionaries, the City has a long and proud tradition of providing numerous
educational opportunities for the community's children and residents. The Project is a
continuation of this tradition.
C. This Initiative Will Help Alleviate the Educational Crisis That Currently
Exists Within the State. County and City. An educational crisis currently exists within
the State of California, the County of Orange, and the City. This crisis is due to severe
overcrowding at local elementary and high schools, creating obstacles to providing the
best possible learning environment. Within the past several years, local newspapers,
community organizations, and business leaders have recognized that this overcrowding
is particularly severe in South Orange County and the City, most notably at Capistrano
Valley High School. Additionally, because most high school students from the City
attend high schools located outside of the City limits, and because most of these
schools are either at, or over, their permanent building design capability, the impact on
City students is particularly severe. While additional public schools may be developed
within the City in the future, the adoption of this Initiative will help alleviate these crisis
conditions.
D. This Initiative Will Contribute to the Overall Economy and Health and
Welfare of the City. Providing numerous educational opportunities within the City, and
reducing the overcrowding that exists at local schools through the development of
additional schools such as that proposed by the Project, contributes to the overall health
and welfare and economy of the City by allowing students to have broader educational
options and by strengthening family ties to the City. Enhancing educational
opportunities within the City strengthens the local economy by providing additional
mechanisms and opportunities for business and community leaders to play an active
role in educating the City's children through booster programs and other activities that
ensure community involvement in the education of the community's children. A highly
competitive work force is dependant upon the availability of a wide array of educational
10-15-02 2 Ordinance: Initiative
opportunities within the City. Additionally, the development of the Project Site as a
school facility will create numerous employment opportunities within the City.
E. No New Taxes. Designating the Project Site to permit the development of
public and private schools will help to relieve local taxpayers of the burden of acquiring
land for additional school facilities. This Initiative does not raise or impose any new or
additional taxes, and it is anticipated that the Project will likely be developed using
entirely private funds.
F. This Initiative Does Not Impede and In Fact Furthers the City's Economic
Development Goals. This Initiative does not impede the City's economic development
goals. As recently as several years ago, the City was found to have an over -supply of
commercial uses serving the local community. With the small local population, City
commercial centers are underutilized, and many are not well-maintained, resulting in
negative visual impacts on the community. Thus, this Initiative would not negatively
impact the City's already over -supplied commercial land uses. Additionally, at least one
possible developer of the Project has indicated a willingness to potentially augment City
General Fund revenues through the execution of development agreement whereby the
Project developer may provide a "per student fee" payment to the City if certain
expedited development rights were obtained. Finally, the numerous job opportunities
created by the Project can also stimulate and enhance the City's economy.
G. The Project is Compatible With Other Surrounding Land Uses: The voters
hereby find and determine that the Project is compatible with other land uses in the
areas immediately adjacent to the Project Site due to the Project's location away from
most residential development currently existing within the City, and due to the Project
Site's proximity to Interstate 5 and easily accessible City roadways. The voters hereby
further find and declare that the Project is compatible and consistent with the City's
General Plan and Land Use Code, as amended by this Initiative, and that the Project is
a proper use for the property subject to this Initiative.
Section Six: General Plan Amendment:
The City of San Juan Capistrano General Plan (as amended through the date
this Initiative is submitted to the voters or adopted by the City Council) [hereafter "City
General Plan"] is hereby amended to read as described below. In most instances, the
proposed amendments to the City General Plan are described with text that may refer
to, where indicated, Exhibits. In other instances, text to be inserted into existing
provisions of the City General Plan is indicated in boldface type while text to be stricken
is indicated in strikeeut.
Land Use Element Amendments
a. Figure LU -1, the Land Use Policy Map, set forth on page 16 of the Land
Use Element of the City General Plan, is hereby amended as described below:
The Project Site, consisting of approximately 38 acres of land, located
adjacent to, and east of, the intersection of Camino Capistrano and Junipero Serra
Road in the City is hereby redesignated as follows:
(i) The property north of Junipero Serra Road, APN 649-361-03, is
redesignated from "4.4 Office Research Park" to the new designation of "5.0 Public &
Institutional" as depicted in Exhibits A and E.
(ii) The property south of Junipero Serra Road, APN 649-011-25 and 649-
011-30, is redesignated from "Planned Community' to the new designation of "5.0
Public & Institutional" as depicted in Exhibits A and E.
b. Table LU -2, the Land Use Classification System, set forth on pages 17
and 18 of the Land Use Element of the City General Plan, is hereby amended as
indicated by the boldface and Gtrmkgp its below:
10-15-02 3 Ordinance: Initiative
Table LU -2
Land Use Classification System
Major Land
Use Groupings
Dwelling
Units Per
Gross Acre
Range or
Maximum
Floor Area
Ratio(a)
Average
Dwelling
Units Per
Acre or
Average
Floor Area
Ratio(b)
Land Use Designation and
Summary Description
Open Space
0.20:1
0.0001:1
1.0 General Open Space- An individual use or
& Recreation
combination of the uses listed in other open space and
recreation designations. Site-specific uses are
determined during review of development applications.
0.10:1
0.005:1
1.1 Open Space Recreation - Outdoor recreational
facilities, including golf courses, swimming schools,
tennis clubs and equestrian clubs.
0.10:1
0.005:1
1.2 Neighborhood Park - Small neighborhood parks
serving residential areas in immediate vicinity.
0.05:1
0.01:1
1.3 Community Park - Major active recreation sites,
serving a larger population and geographic area.
0.20:1.
0.05:1
1.4 Specialty Park - Unique or specialized forms of
recreational activity.
0.01:1
0.001:1
1.5 Regional Park - Active and passive recreational
activities serving a large population and geographic
area extending beyond the City.
0.01:1
0.0001:1
1.6 Natural Open Space - Natural open space land
preserving highly visible open space areas and
allowing equestrian/hiking trails and public utilities.
0.40:1
0.1:1
1.7 Recreation Commercial - Indoor recreational
activities, including bowling, cinemas, gymnasiums and
similar activities.
Residential
0-1.0
1
2.0 Very Low Density - Detached single-family
dwellings. Allows up to 1 dwelling units per gross acre.
1.1-2.0
2
2.1 Low Density - Detached single-family dwelling.
Allows up to 2 dwelling units per gross acre.
2.1-3.5
3.3
2.2 Medium Low Density - Single-family dwelling.
Allows up to 3.5 dwelling units per gross acre.
3.6-5.0
4.5
2.3 Medium Density - Single-family dwellings, mobile
home parks, duplexes, and multi -family dwellings
including, condominiums, and townhomes. Allows up
to 5 dwelling units per gross acre.
5.1-8.0
7.5
2.4 Medium High Density - Single-family dwellings,
mobile home parks, duplexes, and multi -family
dwellings including condominiums, and townhomes.
Allows up to 8 dwelling units per gross acre.
8.1-18.0
17
2.5 High Density - Single-family dwellings, mobile home
parks, duplexes, and multi -family dwellings including
condominiums, townhomes, and apartments. Allows
up to 18 dwelling units per gross acre.
18.1-25.0
25
2.6 Affordable Family/Senior Housing - Affordable
multi -family dwellings for families and seniors, including
condominiums, apartments and cooperatives. Allows
up to 25 dwelling units per gross acre.
10-15-02 4 Ordinance
Table LU -2
Land Use Classification System
Major Land
Use Groupings
Dwelling
Units Per
Gross
Acre
Range or
Maximum
Floor
Area
Ratio(a)
Average
Dwelling
Units Per
Acre or
Average
Floor Area
Ratio(b)
Land Use Designation and
Summary Description
Commercial
0.25:1
0.20:1
3.0 Neighborhood Commercial - Retail,
office, and service-oriented business
activities serving a local community area and
population.
.50:1
0.30:1
3.1 General Commercial - Retail, office, and
service-oriented business activities serving a
community -wide area and population or
broader market.
Industrial
0.40:1
0.30:1
4.0 Industrial Park - Light industrial and
manufacturing uses. Allowable uses include
wholesale businesses, light manufacturing
and assembly, research and development,
warehousing and storage, and distribution
and sales,
0.40:1
0.30:1
4.1 Quasi -Industrial - Light industrial and -
manufacturing uses, including those allowed
in the Industrial Park designations. Also
allows variety of regional and sub -regional
commercial activities, such as vehicle sales
and large box retail.
0.10:1
0.05:1
4.2 Agri -Business - Agricultural crop
production and sales, and animal breeding,
boarding, raising and training.
0.40:1
0.30:1
4.3 Light Industrial - Light industrial and
manufacturing uses. Allowable uses include
research & development light manufacturing
and processing, offices, warehousing and
storage, and high technology production.
0.40:1
0.25:1
4.4 Office/Research Park - Single -tenant and
multi -tenant offices, including legal, medical,
financial, administrative, R&D, corporate and
general business.
10-15-02 5 Ordinance
Major Land
Dwelling
Average
Land Use Designation and
Use Groupings
Units Per
Dwelling
Summary Description
Gross
Units Per
Acre
Acre or
Range or
Average
Maximum
Floor Area
Floor
Ratio(b)
Area
Ratio(a)
Public/
0.40:1
0.25:1
5.0 Public & Institutional - Public and
Institutional
private Sschools, churches, fire stations,
community centers, utility substations, and
office complexes.
0.30:1
0.25:1
5.1 Existing Public Schools - Existing public
schools.
0.30:1
0.25:1
5.2 Potential Public Schools - Future public
schools.
0.40:1
0.40:1
5.3 Assisted Care Facilities - Specialized
care and housing facilities for seniors and
_persons requiring special medical housing.
Special
Varies
Varies
Special Study - Areas that have unique
features, environmental conditions, and/or
development constraints requiring special
regulations or standards designed to
address or preserve those conditions.
Varies
Varies
Specific Plan/Precise Plan - Areas governed
by a specific plan or precise plan adopted
prior to development-
evelo ment.Varies
Varies
Varies
Planned Community - Denotes large areas
of land under single or common ownership
for detailed planning and development for
residential, commercial, industrial,
public/institutional, recreation and open
space uses.
(a) Maximum allowable level of development standard for individual parcels of land.
(b) Assumed overall average level of development. Since the development which
has occurred to date has not reached the maximum allowed level of density or
intensity on every parcel of land, future development is expected to be less than
the maximum on a city-wide basis. Therefore, an average level of
density/intensity is used when projecting: 1) total future dwelling units/population
for residential development; and 2) future square footage for non-residential
development where floor area is used as a measurement of building intensity.
C. Pages 27 and 28 of the Land Use Element of the City General Plan
pertaining to the 5.0 Public & Institutional Designation, is hereby amended as indicated
by the boldface and strtikeeuts below:
10-15-02 6 Ordinance: Initiative
Public/institutional Designations
5.0 Public & Institutional: The Public & Institutional
designation provides for public and private schools,
churches, fire stations, community centers, utility substations
and office complexes. Other uses that are determined to be
compatible with primary uses may --shall also be allowed.
The maximum intensity of development is a floor area ratio
of 0.40:1 and the average intensity of development is a floor
area ratio of 0.25:1. The Land Use Element identified
approximately 186 acres for Public & Institutional land uses
which include provisions for private schools (grades K-12).
d. The approximately 186 acres for Public & Institutional land uses identified
by the Land Use Element in Table LU -4, Development Capacity, as described on pages
27 and 32 of the Land Use Element of the City General Plan shall be adjusted as
necessary, and any and all other necessary, corresponding adjustments shall be made
to Table LU -4, to reflect the changes made to the Land Use Element of the City General
Plan as a result of this Initiative being adopted.
e. Figure LU -3, Planned Communities map located on page 30 of the Land
Use Element of the City General Plan is amended to delete the reference to the Pueblo
Serra Planned Community. The land designated as the Pueblo Serra Planned
Community is hereby redesignated as 5.0 Public & Institutional as set forth on Exhibit E.
The precise location and the Initiative Proponents' brief explanation of the changes to
Figure LU -3 are contained in Exhibit B.
f. Table LU -3, Planned Communities: Allowable Uses Guideline, as set forth
on page 31 of the Land Use Element of the City General Plan and as described on page
29 of the City General Plan is hereby amended as indicated by the strikeeuts below.
Planned Communities
San Juan Capistrano contains four areas designated as Planned Community (depicted
in Figure LU -3). The purpose of the Planned Community designation is to allow for the
utilization of innovative land planning and building design. The Planned Community
designation allows for flexibility in the design of a development project which may not be
available with other land use designations. Table LU -3 summarizes the designated land
uses for each of the four Planned Communities and identifies the land use mix allowed
for each Planned Community. The percentage mix of land uses for the planned
communities serves as a guideline for developers, but may be modified with the
approval of the City.
10-15-02 7 Ordinance: Initiative
Table LU -3
Planned Communities:
Allowable Uses Guideline
Planned Community Allowed Land Use Mix Guidelines
Crystal Cathedral Ministries
Planned Community
Oso Ranch Planned Community
Whispering Hills Planned Community
80% Public Institutional (includes retreat
center) and 20% Assisted Care Facility
(which may include a wellness center). .
Maximum Floor Area Ratio for Public
Institutional will not be allowed unless the
project offers exceptional benefits to the
community.
40% Public Institutional, 30% Affordable
Family/Senior Housing and 30% Medium
Density Residential
nu:....io,...,......�... 1, in nnoi ..,:�a. .............
100% Very Low Density Residential
Forster Canyon Planned Community 28% Very Low Density Residential, 22%
Medium Low Density Residential, 25%
Medium Density Residential, 2% High
Density Residential, 7% Open Space
Recreation, 7% General Open Space, 7%
Light Industrial and 2% Public Institutional
2. Circulation Element Amendments
a. Figure C-2, Arterial Highway System, as set forth on page 18 of the
Circulation Element of the City General Plan is amended to designate the streets shown
as "CM Capistrano" (Camino Capistrano) and "J Serra" (Junipero Serra Road) as
"School Hot Spot" Designations as depicted on Exhibit C.
b. "Hot Spot" Designations are described on pages 19 and 21 of the
Circulation Element of the City General Plan. The explanation of "Hot Spot"
Designations as set forth on pages 19 and 21 of the Circulation Element of the City
General Plan is not amended by this Initiative but is included only for the purpose of
providing information that may be useful to explain the changes made to Figure C-2 by
this Initiative.
"Hot Spot" Designations
As depicted in Figure C-2, within the Planning Area, there
are special locations that experience unique congestion.
10-15-02 8 Ordinance
Special "hot spot" designations are applied -to -these selected
locations as follows:
Hs School Hot Spot — Locations where the normal
operation of an arterial highway would be affected by
the presence of a school.
Ho Operations Hot Spot — Sections of roadway where
closely spaced intersections or side friction caused by
numerous driveways degrade the performance of the
roadway compared to its theoretical carrying capacity.
H, Spaced Constrained Hot Spot— Intersections or
sections of roadway that cannot be improved to their
full standard due to limited space (right-of-way, or
other constraints).
These hot spot designations require certain analysis and/or
imply certain exceptions to the standard WC criteria. For
example, space constrained hot spots (Hi) can reach a VIC
of 1.00 (rather than a threshold of 0.90) in recognition of the
limitations involved in making physical improvements.
School hot spots (Hs) require that traffic impact studies
address any special impacts at any affected location.
3. Noise Element Amendments
a. Table N-2, Interior and Exterior Noise Standards, set forth on page 9 of
the Noise Element of the City General Plan, is hereby amended as indicated by the
boldface and st sem^ is below:
10-15-02 9 Ordinance: Initiative
Table N-2
Interior and Exterior Noise Standards
Land Use
Noise Standards'
Exterior Interior
Residential (all)- Single family, multi -family,
65 dB(A)
45 dB(A)
duplex, mobile home
Residential- Transient lodging, hotels, motels,
65 dB(A)
45 dB(A)
nursing homes, hospitals, assisted care
facilities
Private offices, churches, libraries, theaters,
65 70 dB(A)
45 dB(A)
concert halls, meeting halls, schools
General commercial, retail, reception,
65 dB(A)
50 dB(A)
restaurant
Manufacturing, industriaiz
---
---
Parks, playgrounds'
65 dB(A)3
---
Golf courses, outdoor spectator sports
70 dB(A)3
---
1 In Community Noise Level Equivalent (CNEL).
2 Noise standards not applied to Industrial districts.
3 Outdoor environment limited to playground areas, picnic areas, and other areas of
frequent human use.
b. Table N-3, Noise/Land Use Compatibility Matrix, set forth on page 10 of
the Noise Element of the City General Plan, is hereby amended as indicated by the
boldface and sNikeeNts below:
10-15-02 10 Ordinance: Initiative
Table N-3
Noise/Land Use Compatibility Matrix
Land Use Category
Community Noise Equivalent Level
CNEL,dB
55
60
65
70 1
75
80
Residential — Single Family,
Multifamily, Duplex
A
A
B
B
C
- - -
- - -
Residential — Mobile Homes
A
A
B
C
C
- - -
- - -
Transient Lodging — Motels, Hotels
A
A
B
B
C
C
- - -
Schools, Libraries, Churches,
Hospitals, Nursing Homes
A
A
B
GB
GB
C
Auditoriums, Concert Halls,
Amphitheaters, Meeting Halls
B
B
C
C
---
---
- - -
Sports Arenas, Outdoor Spectator
Sports, Amusement Parks
A
A
A
B
B
---
---
Playgrounds, Neighborhood Parks
A
A
A
B
C
--
--
Golf Courses, Riding Stables,
Cemeteries
A
A
A
A
B
C
C
Office and Professional Buildings
A
A
A
B
B
C
--
Commercial Retail, Banks,
Restaurants, Theaters
A
A
A
A
B
B
C
Industrial, Manufacturing, Utilities,
Wholesale, Service Stations
A
A
A
A
B
B
B
Agriculture
A
A
A
A
A
A
A
Source: Taken in part from Aircraft Noise Impact Planning Guidelines for Local
Agencies, U.S. Department of Housing and Urban Development, TE/NA-472, November
1972.
A = Normally Acceptable - Specified land use is satisfactory based on the
assumption that any buildings involved are of normal conventional construction, without
any special noise insulation requirements.
B = Conditionally Acceptable - New construction or development should be
undertaken only after a detailed analysis of the noise requirements is made and needed
10-15-02 11 Ordinance: Initiative
noise insulation features included in the design. Conventional construction, but with
closed windows and fresh air supply systems or air conditioning will normally suffice.
C = Normally Unacceptable - New construction or development should generally be
discouraged. If it does proceed, a detailed analysis of the noise reduction requirements
must be made and needed noise insulation features included in the design.
- - - = Clearly Unacceptable - New construction or development should generally not be
undertaken.
C. To the extent permitted by law, the City shall promptly amend any other
provisions of the Noise Element of the City General Plan necessary to reflect the
changes made by this Initiative to Tables N-2 and N-3.
d. The function and purpose of Tables N-2 and N-3 are explained on pages 8
through 11 of the Noise Element of the City General Plan. These explanations are not
amended by this Initiative, but are included only for the purpose of providing information
that may be useful to explain the changes made to Tables N-2 and N-3 by this Initiative.
Noise Standards and Land Use Compatibility Guidelines
To ensure that noise producers do not adversely affect sensitive receptors, the City will
use land use compatibility standards when planning and making development
decisions. Table N-2 summarizes City noise standards for various types of land uses.
The standards represent the maximum acceptable noise level and are used to
determine noise impacts.
These noise standards are the basis for the development of land use compatibility
guidelines, presented in Table N-3. If the noise level of a project falls within Zone A or
Zone B, the project is considered compatible with the noise environment. Zone A
implies that no mitigation will be needed. Zone B implies that minor mitigation
measures may be required to meet the City's noise standards. All development project
proponents will be required to demonstrate that the noise standards will be met prior to
approval of projects.
If the noise level of a project falls within Zone C, substantial noise mitigation will be
necessary to meet the noise standards. Mitigation may involve construction of noise
barriers and substantial building sound insulation. Projects in Zone C can be
successfully mitigated; however, project proponents must demonstrate that the noise
standards will be met prior to issuance of building permits. If noise levels fall outside of
Zones A, B, and C, projects are considered clearly incompatible with the noise
environment and should not be approved.
The Director of Engineering and Building Services will act as the noise control
coordinator. This delegation of responsibility will allow consistent and continued
enforcement of the established noise standards.
Noise Contours and Noise Impact Areas
10-15-02 12 Ordinance: Initiative
The -noise environment for the community can be describe"11 noise contours based
on the major noise sources. Noise contours define areas of equal noise exposures.
Future noise contours have been estimated with information about existing and
projected land use development and transportation activity.
Figure N-1 shows the projected noise contours for San Juan Capistrano and the noise
impact areas. The noise contours will be used as a guide for land use and development
decisions. Contours of 60 dB(A) or greater define noise impact areas. When noise
sensitive land uses are proposed within these contours, an acoustical analysis must be
prepared. For the project to be approved, the analysis must demonstrate that the
project is designed to attenuate noise to meet the City's noise standards as defined in
Table N-2. If the project is not designed to meet the noise standards, mitigation
measures can be recommended in the analysis. If the analysis demonstrates that the
noise standards can be met with implementation of the mitigation measures, the project
can be approved with the mitigation measures required as conditions of project
approval.
Section Seven: Zoning Code Amendments
Title 9, Chapter 3, Zoning, of the City of San Juan Capistrano Municipal Code (as
amended through the date this Initiative is submitted to the voters or adopted by the City
Council) [hereafter "Zoning Code"] is hereby amended to read as described below. In
most instances, the proposed amendments to the City Zoning Code are described with
text that may refer to, where indicated, Exhibits. In other instances, text to be inserted
into existing provisions of the City Zoning Code is indicated in boldface type while text
to be stricken is indicated in strikeeuF.
1. The Official Zoning Map, City of San Juan Capistrano, as described in
Zoning Code section 9-3.102, is hereby amended as described below:
The Project Site, consisting of approximately 38 acres of land, located
adjacent to, and east of, the intersection of Camino Capistrano and Junipero Serra
Road in the City is hereby re -zoned as follows:
(i) The property north of Junipero Serra Road, APN 649-361-03, is re -zoned
from "Office Commercial (CO)" to the new zoning classification of "Public & Institutional
(IP)" as depicted in Exhibits D and F.
(ii) The property south of Junipero Serra Road, APN 649-011-25 and 649-
011-30, is re -zoned from "Planned Community (PC)" to the new zoning classification of
"Public & Institutional (IP)" as depicted in Exhibits D and F.
2. For the property south of Junipero Serra Road comprised of APN 649-
011-25 and 649-011-30, and previously zoned as Planned Community (PC) prior to the
adoption of this Initiative, the Comprehensive Development Plan (CDP), Pueblo Serra
CDP 89-1 prepared for all or part of the property, and as amended, is hereby repealed
and shall be of no further force and effect.
10-15-02 13 Ordinance: Initiative
3. Section 9-3.418 of the Zoning Code, which sets_ forth the purpose and
intent of the Public and Institutional (IP) zoning classification, is hereby amended to
read as indicated by the boldface and skikeeets below:
Sec. 9-3.418. Public and Institutional (IP) District.
(a) Purpose and intent. The purpose and intent of the Public and Institutional
(IP) District is to:
(1) Accommodate the wide range of major public and, quasi -public, and private
institutional and auxiliary uses established in response to the health, safety,
educational, and cultural needs of the City; and
(2) Encourage the assembly of specific public, quasi -public, private, and related
facilities into efficient, functionally -compatible, and attractively -designed
administrative centers, educational institutions, and similar complexes, located
and maintained in conformance with the General Plan.
(b) Principal uses and structures permitted. The following principal uses and
structures shall be permitted in the Public and Institutional (IP) District:
(1) Educational uses, public and private, including colleges, universities,
elementary and high schools, business, vocational, and professional schools
including art, barber, beauty, dance, drama, music, and swimming schools, child
day care centers, preschools, and nursery schools;
(2) Religion -related uses, including churches, temples, synagogues, convents,
monasteries, religious retreats, and other places of religious worship;
(3) Cultural and exhibition centers, public and private, including auditoriums,
theaters, and convention halls; and
(4) Public and semipublic buildings, services, and facilities, including museums,
libraries, government buildings, parks, public utility offices and exchanges, bus,
taxicab, and railroad stations, police stations, and fire stations;
(5) Bingo parlors that are conducted in accordance with Title 5, Chapter 4,
conducted by nonprofit groups operated exclusively for religious, charitable,
scientific, literary, or educational purposes.
(c) Accessory uses and structures permitted. The following accessory uses and
structures shall be permitted in the Public and Institutional (IP) District:
(1) Retail and service uses which are incidental to and integrated with a
permitted principal use, including and generally limited to:
(i) Banks, savings and loan institutions, and credit unions;
(ii) Barber and beauty shops;
(iii) Book stores;
(iv) Concession stands, such as news and shoeshine;
(v) Drugstores;
(vi) Florists;
(vii) Gift and souvenir shops;
(viii) Offices of nonprofit and civic organizations; and
(ix) Restaurants and other eating establishments, except drive-in and drive-thru
types;
(2) Caretaker residences as set forth in Section 9-3.612 of Article 6 of this
chapter; and
10-15-02 14 Ordinance: Initiative
(3) Public and private recreational facilities provided that such facilities are
incidental to a permitted principal or conditional use and that they conform to the
requirements of Sections 9-3.607 and 9-3.614 of Article 6 of this chapter. The
outdoor night lighting of such recreational uses shall not be permitted unless a
conditional use permit is approved by the City.
(4) Public and private educational, recreational, cultural, and maintenance
facilities associated with the development of a public or private school.
(d) Conditional uses and structures permitted. The following uses and structures
may be permitted in the Public and Institutional (IP) District subject to the
approval of a conditional use permit:
(1) Clubs and lodges, private, nonprofit;
(2) Mortuaries; and
(3) Health-related institutional uses, including convalescent and nursing homes,
homes for the aged, children's homes, sanitariums, and hospitals.
(e) Development standards. The yard (setback) requirements, minimum lot sizes,
minimum street frontage, and related standards for the Public and Institutional
(IP) District shall be as set forth in Section 9-3.424 of this article.
(f) Development plans and review
(1) Projects proposed within the Public and Institutional (IP) District shall be
subject to development review as set forth in Section 9-2.305 of Article 3 of
Chapter 2 of this title.
(2) Plans required for the review of projects within the Public and Institutional (IP)
District shall include:
(i) Site, plot, or development plans;
(ii) Grading plans;
(iii) Landscaping plans;
(iv) Building elevations; and
(v) Architectural detail plans, such as for trash areas, private street signs, and
similar items.
(g) Supplementary district regulations. For sign, parking, fence, swimming pool,
and similar regulations for the Public and Institutional (IP) District, see article 6 of
this Chapter.
Section Eight: Nonconforming Uses
In the event that this Initiative is approved by the voters or adopted by the City
Council, any and all uses for the 9 acre parcel located north of Junipero Serra Road and
east of Camino Capistrano, APN 649-361-03, previously authorized by issuance of a
building permit under the General Plan designation, "4.4 Office Research Park," and
zoning classification "Office Commercial (CO)," shall be vested and may continue as a
non -conforming use or otherwise until such time as the Project is fully approved by the
City and such buildings are needed for school uses.
Section Nine: Implementation and Enabling Legislation
A. Enabling Legislation: To the extent permitted by law, the City is hereby
authorized and directed to amend any elements or provisions of the City General Plan
10-15-02 15 Ordinance: Initiative
and Land Use Code, and all other City Ordinances,- policies, and implementation
programs or policies as soon as possible in order to implement this Initiative and to
ensure consistency between this Initiative and other elements of the City's General Plan
and City Land Use Code. This enabling legislation shall be interpreted broadly pursuant
to Pala Band of Mission Indians v. Board of Supervisors (1997) 54 Cal. App. 4'^ 565 to
promote the requirement that a general plan constitute an integrated and consistent
document.
B. City Cooperation: To the extent permitted by law, the people of the City
hereby reaffirm and state their desire that, upon adoption of this Initiative, the City
endeavor to ensure that the Project is fully approved by the City and fully operational as
soon as practicable.
Section Ten: Effective Date
This Initiative shall go into effect ten days after the date on which the election
results are declared by the City Council, or immediately upon adoption of the Initiative
by the City Council. Upon the effective date of this Initiative, the General Plan
amendments contained within the Initiative are hereby inserted into the City General
Plan as amendments thereof; provided, however, that if the four amendments permitted
by state law for any given calendar year have already been utilized prior to the effective
date of this Initiative, the General Plan amendments shall be inserted into the City
General Plan on January 1 of the following year.
Section Eleven: interim Amendments
The City General Plan in effect at the time the Notice of Intention to propose this
Initiative ("Notice of Intention") was submitted to the City Clerk, and the General Plan as
amended by this Initiative comprise an integrated, internally consistent and compatible
statement of policies for the City. in order to insure that the City General Plan remains
an integrated, internally consistent and compatible statement of policies for the City, the
General Pian provisions adopted by this Initiative shall prevail over any conflicting
revisions to the City General Plan adopted between the date of the Notice of Intention
and the date the amendments adopted by this Initiative were inserted into the City
General Plan. To this end, any conflicting revisions to the City General Plan adopted
between the date of the Notice of Intention and the date the amendments adopted by
this Initiative were inserted into the General Plan shall be null and void in their entirety
and without any legal effect whatsoever.
Section Twelve: Construction
To the maximum extent authorized by law, this Initiative shall be interpreted in a
manner consistent with the right of initiative reserved to the people by the California
Constitution. Without limiting the foregoing, nothing in this Initiative is intended to
diminish or otherwise alter applicable requirements of state and federal law.
10-15-02 16 Ordinance: Initiative
Section Thirteen: Future Amendments
Pursuant to Article II, section 10(c) of the California Constitution, the provisions
contained in this Initiative may be amended by the City Council only to the extent such
amendments further the intent and objectives set forth in this Initiative. All other
amendments or proposed repeals of the provisions contained in this Initiative shall only
become effective when approved by the voters.
Section Fourteen: Severability
If any portion of the Initiative is declared invalid by a court, that invalidity shall not
affect other provisions or application of the Initiative which can be given effect without
the invalid provision, and to this end the provisions of this Initiative are severable. The
voters of the City hereby declare that they would have adopted this Initiative and each
portion regardless of the fact that an invalid portion or portions may have been present
in the Initiative.
10-15-02 17 Ordinance: Initiative
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LAGUNA
NIGUEL
Exhibit A
MISSION VIEJO
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Figure LU -I
Land Use Policy Map
Uer<mbrr 14, 1999 tiara Juan (vpistrm)D Ganem] Plan
T
Exhibit B
Land Use Element
Po�flc Ocwn
U 1/2 1 Mile
0 GtyBoundary
OSphere oflnfi encs
Sours: Conon/Bdon"nociew, Inc.
Figure LII -3
Planned Communities
December 14, 1999 30 San Juan Capistrano General Plan
Exhibit C
Circulation Element
Primary (4 lanes dlNded) HOT SPOT DESIGNATIONS
` Secondary 14 lanes undtvioed) He School
Hs --- commuter (2 lanes) Ho Tmft Operation
H, Limited Space
Souta: Austin -Foos, Anadafa, Inc,
(August 1999)
Proponents' Explanation: This map is revise
to add "School Hot Spot" designations to `J
Ha . Sean" (Junipero Serra Road) and "CM Ca -
Hs 1pistrano" (Camino Capistrano).
Hs
w
e
0 1/2 1 Mlle
December 14, 1999
SAN IIAN
CAP IST ANO'
Figure G2
Arterial Highway System
18 San Juan Capistrano General Plan
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Exhibit D
CITY OF .SAN JUAN CAPISTRANO
OFFICIAL ZONING MAP
ents' Explanation: I he property north of Junipero Serra, APN
1-03, is re -zoned from "Office Commercial (CO)" to the new
classification of "Public & Institutional (IP)" as depicted in
F. The parcel on which the Kaiser facility is located, APN
1-02, is not affected by this Initiative and will remain zoned a;
e GM
A
roponents' Explanation: The property south of Junipero
g Serra, APN 649-0I1-25 and 649-011-30, is re -zoned from
^^ 'Planned Community (PC)" to the new zoning classification
I "Public & Institutional (IP)" as depicted in Exhibit F.
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LEGENb:
Vit,
u¢ WSTWTS: FMI .TN L...W T
D�{iI1C^B:
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Exhibit Al
CITY OF .SAN JUAN CAPISTRANO
OFFICIAL ZONING MAP
'1 dOffice
Proponents' Explanation: The property north of Junipero Serra, APN
649-361-03, is re -zoned from "Office Commercial (CO)" to the new
zoning classification of "Public & Institutional (IP)"as depicted in
OS k Exhibit F. The parcel on which the Kaiser facility is located, APN
+•iy, 649-361-02, is not affected by this Initiative and will remain zoned as
aCommercial (CO).
OM
An
a
PC
nests' Explanation: The property south of Junipero Serra, APN
11-25 and 649-011-30, is re -zoned from `Planned Community
to the new zoning classification of `Public & Institutional (IP)"
icted in Exhibit F.
An
nents' Explanation: This Legend is
from the City of San Juan Capistrano
at Zoning Map and is reproduced here
scale.
LEGEND.
BASE DISTRICTS:
AO
GERNAL APKULTIMAL
NA
WALL EAE*
It
LARGE!PATE
EE
SMALL [STATE
AS
IINL! FAMILY
AO
GARDEN NOME
ON
MULTIPLE FAMILY
MMI
MOBRENOM! PARK
MD
PLANNED MEIIOEMTIAL DIVELOFNEMY
PC
PLANNED COMMUNITY
01
TOURIST COMMERCIAL
CO
OFFICE COMMERCIAL
ON
4914 OAN400 cONNENCIAI
CO
GENERAL COMMERCIAL
CN
COM*ENCIAL MANUFACTURING
MO
GENERAL INDUSTRIAL
IF
INDUSTRIAL PARR
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PUBLIC 1 INSTITUTIONAL
DR
PRIVATE POPATNDN
at
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UPON PAC! MESIAVATION
SF 0
nIRDIN PLAN
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610VU MOAGEMIP
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ENVIRONMENTAL MANAGEMEI
DISTRICTS:
Amount P YP OYtkAV:
FI -I POOPM'AY
FP -2 ROODWAY FRINGE
01110NATE0 IN 000E TEST
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N1NN,1 W tl<IW a iNIry,11 u 14N111u14
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Be SCENIC CORKID0/ ID -SAS)
NOTE RELIABLE FLOOD PLAIN
INIORYATION SHOULD BE
RMNEKEO FROMTNE
F.I.R.M. NAPS.
AMENDMENT TO CITY GENERAL PLAN- LAND USE POLICY MAP
Proponents' Explanation: The property north of
Junipero Serra, APN 649-361-03, is redesignated
from "4.4 Office Research Park" to the new
Proponents' Explanation: The property south of designation of "5.0 Public & Institutional."
Jumper Serra, APN 649-011-25 and 649-011-30,
is redesignated from "Planned Community" to the
new designation of "5.0 Public & Institutional."
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-Serra 1
NOT TO SCALE
LEGEND:
NEW CITY GENERAL PLAN
LAND USE DESIGNATIONS
%'�i PUBLIC & INSTITUTIONAL
AMENDMENT TO CITY OFFICIAL ZONING MAP
Proponents' Explanation: The property north of
Junipero Serra, APN 649-361-03, is re -zoned
from "Office Commercial (CO)" to the new
Proponents' Explanation: The property south of zoning classification of "Public & Institutional
Jumper Serra, APN 649-011-25 and 649-011-30,
is re -zoned from "Planned Community (PC)" to
the new zoning classification of "Public &
Institutional (IP)."
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NOT TO SCALE
LEGEND:
NEW CITY ZONING MAP
DESIGNATIONS
\� PUBLIC & INSTITUTIONAL