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Ordinance Number 797123 ORDINANCE NO. 797 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 96-1, AN AMENDMENT TO SPECIFIC DEVELOPMENT PLAN 90-2 TO PERMIT A 25,927 -SQUARE - FOOT CHURCH AND A PROFESSIONAL OFFICE BUILDING SITE AT THE SOUTHWEST CORNER OF RANCHO VIEJO ROAD AND VIA ESCOLAR (RESCO DEVELOPMENT COMPANY) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: The City Council finds that: 1. The proposed church and future commercial/office uses proposed for this site are consistent with the adopted General Plan for the City of San Juan Capistrano. 2. The proposed Specific Development Plan is consistent with the Community Design Element of the General plan in that they provide for a development which, through the use of materials, colors, and simple forms, provides a reference to architectural styles indigenous to San Juan Capistrano. 3. The project site is designated 5.0 (Public and Institutional Uses) on the General Plan Map. The General Plan Consistency Matrix shows that The 5.0 designation is consistent with the Planned Development Zone District. 4. The mitigation measures contained in the mitigated negative declaration, as issued by the City's Environmental Administrator, will reduce potentially significant environmental impacts to a level of insignificance. 4�i�C1X1 . =-1 n Based upon the findings set forth in Section 1, preceding, the City Council ordains that Specific Development Plan 96-02, including site design, architecture and landscaping plans, is amended as contained in Exhibit A. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. -1- 124 I►' 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 AND ADOPTED this 20th day of May 1997. DAVID M: SW tRDLIN, MAYOR ATTEST: -2- 125 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN C"ISTRANO ) 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. 727 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on May 6 , 1997, and adopted at a meeting held on May 20 1997, by the following vote: AYES: Council Members Jones, Greiner, Campbell and Mayor Swerdlin NOES: None ABSTAIN: None ABSENT: Council Member Hart (SEAL) 2k��—d CHERYL JO SO , CITY CLERK -3- 126 EXHIBIT A PURPOSE AND INTENT The purpose and intent of SDP 90-02 in accordance with Section 9-3.423.5 (Planned Development District) of the Municipal Code is to: 1. Provide a vehicle for development guidelines and the precise regulation of land uses for RZ 89-08, as amended by RZ 96-01, designed to facilitate implementation of the Land Use and other elements of the General Plan; and To provide for the utilization of innovative land planning and building design as a means of achieving high quality, variety, flexibility and efficiency in design for the proposed church and professional office complex referenced in the attachments. PROJECT SETTING PHYSICAL CONDITIONS FOR THE SITE The project site is 11.6 acres, part of which is hilly, undeveloped grassland and part of which is a level area and slopes which were rough -graded approximately 15 years ago. There is a ravine in the southern part of the property, and the western portion of the site has been graded and landscape as part of the Transportation Corridor Agency's re -alignment of Rancho Viejo Road. 2. SITE LOCATION The site is bordered by Rancho Viejo Road and the San Diego Freeway (Interstate 5) to the west, and Via Escolar to the north. EXISTING LAND USES There is an old building located on the knoll in the northeastern portion of the project site. Most of this building is located on the project site, with a small portion of the building located on the church's property. The surrounding land uses include residential, commercial (including the Goodyear Tire Center and other commercial uses on the corner of Rancho Viejo Road on Via Escolar), and institutional (a church, a private elementary and junior high school, and Capistrano Valley High School). The residential communities, Spotted Bull and Village San Juan, are located southeast and south of the project site. Country Hills Estates is located on the ridge east of the site and overlooks the project site. 12: - 4. GENERAL PLAN AND ZONING The existing General Plan land use designation for the project site, and for the property to the north, northeast and south, is 5.0, which corresponds to institutional use. To the east and southeast of the project site, the land use designation change to 1.2, which corresponds to Low Density Residential (up to two dwelling units per acre). CIRCULATION Access to the site is provided by Rancho Viejo Road. Vehicular traffic to and from the site is accommodated by Rancho Viejo Road, the San Diego Freeway via Avery Parkway and Junipero Serra Road offramps and onramps. 6. SLOPES Surrounding the project site are a large undeveloped knoll to the north, a ridge to the east developed with single family homes, an undeveloped hill to the south, a large flat rough - graded area in the middle of the site, and a ravine in the southern portion of the site. Existing slopes range from the man-made flat area for previously proposed construction to man-made slopes of approximately 25 degrees and natural slopes of approximately 20 degrees. The western face of the knoll to the north was partially graded to accommodate the realignment of Rancho Viejo Road. HYDROLOGY Existing hydrology consists of ponding of rainwater on the flat rough -graded portion of the site and run-off from north to south and east to west over man-made and natural slopes onto Rancho Viejo Road, into the ravine, and through a culvert under the freeway to Oso Creek. 8. EXISTING TREES AND VEGETATION Existing vegetation includes imported or non -indigenous trees in a ravine in the southern portion of the site, indigenous grasses on portions of the site that have not been graded, and indigenous and imported grasses and weeds on the portions that have been graded. The western slopes, adjacent to Rancho Viejo Road, have been graded and landscaped as part of the re -alignment of Rancho Viejo Road. 9. EXISTING UTILITIES A large waterline under the jurisdiction of Capistrano Valley Water District exists along the eastern property line. Sewer lines are available to the site through Moulton Niguel Water District. Natural gas, electricity and telephone are available to the site. 128 PROJECT DESCRIPTION GOALS To provide a well-designed church and/or office complex sensitive to existing site topography and off-site views which meet the standards of the PD (Planned Development) and HM (Hillside Management) Districts. 2. ISSUES a. To preserve the integrity of the large prominent knoll in the north portion of the project site effecting the site and parking designs. b. To minimize off-site visual impacts. SITE DESIGN/GRADING General: Grading operations will consist of basic cut and fill procedures. In addition. Stabilization and buttress fills are anticipated along with removal of unsuitable materials in the ravines. An excess (export) of approximately 24,500 c.y. is projected. Conventional retaining walls: The project has been carefully planned to keep retaining walls to a minimum. Approximately 75% of these walls are below I P high or less and the only locations where walls exceed 11' are at the South side of the large playground and for a small section at the North West corner of that playground. These walls are not visible from any homes or buildings adjacent to or beyond the subject property, and any portion visible from Rancho Viejo Road shall be screened with landscaping An angled, backward leaning wall occurs at the Sanctuary and Sunday School building at the top of the slope and is treated as a design feature and planter. These walls exceed 11' for a short distance. A double wall consisting of two 11' walls separated horizontally by a 10' terrace occurs at the east portion of the church area. (Staff is recommending that the retaining walls surrounding the playgroundlprofessional office site be deleted from the plans. This section of the SDP will be modified accordingly after final action by the City.) All manufactured slopes shall be constructed according to city standards, and shall not exceed 2:1 ratio. Slopes have been designed to resemble natural topography, and shall be amply landscaped. The existing "knoll" which was modified during the re -alignment of Rancho Viejo Road, has been untouched on the North side and graded on the south side only as required to transition the contours from behind the church. The old barn at the top remains, and the new slope 11 129 begins an adequate setback from its footings. A portion of the existing slope along Rancho Viejo Road is maintained as a landscape buffer. The existing building pad for the church is used and further expanded to the east, north, and south to accommodate the access road and playground/professional office site. The road climbs rapidly from Rancho Viejo Road. To achieve a maximum elevation and to reduce retaining walls. The existing slope along Rancho Viejo Road remains.. All buildings are rotated 45 degrees to create open landscape pockets and provide visual interest along the main road. Battered fieldstone retaining walls reach onto the slope along Rancho Viejo Road, and resemble the prow of a ship. 4. ARCHITECTURE The forms, colors, and materials of the church buildings refer to early southern California architecture, and the clean lines, simple geometry and aesthetic proportions recall the designs from that era. Extensive use of natural materials has been employed; wood in the roof fascia, and stone veneer in the base and walls. Thick, stucco plaster walls with recessed glass allude to adobe construction. The concrete shake roof resembles natural wood shake, while providing fire safety, and the simple, gently sloping roof designs are consistent with early historic styles. Broad overhangs provide strong horizontal lines and allow ample shading and weather protection. 5. LANDSCAPING Existing trees occur in the ravine area which will be replaced within the project area. This is due to the fact that many of the existing trees are either toxic to other plant life or not closely related to indigenous species. New trees are to be distributed around buildings and concentrated along the perimeters of the developed portion of the site. 6. SIGN PROGRAM The sign program will be designed in accordance with Municipal Code Section 9-3.603 and will consist of monument signs, building signs and parking lot signs. The sign program is subject to review and approval by the Planning Commission in accordance with Municipal Code Section 9-2.306, Design Review for Non-residential Projects. EXTERIOR LIGHTING Light patterns from the fixtures are designed to direct light downward to minimize glare in accordance with Municipal Code Section 9-3.614. Site lighting is subject to review and approval by the Planning Commission in accordance with Municipal Code Section 9-3.614, Lighting. 130 8. UTILITIES The water service system of the project will connect to a large existing water main managed by Capistrano Valley Water District which parallels the eastern boundary of the site in the southeast corner of the project site. The project sewer system will connect with an existing sewer lateral managed by Moulton Niguel Water District at a point near the intersectiori "of the northern driveway and existing Rancho Viejo Road. Electrical, natural gas and telephone services are available at the site. ACCESS Access to both sites will be provided via a single signalized intersection on Rancho Viejo Road. This intersection will be located approximately 1,000 feet south of Via Escolar. 10. PARKING MANAGEMENT PLAN/JOINT PARKING AGREEMENT The main parking lot for the church has been located south of the church site, and north of the professional office site. This arrangement provides an opportunity for a joint parking agreement between the church and the future commercial office development, potentially reducing the required amount of parking lot area. If such an agreement is pursued by the developer of the professional office site, the agreement shall be processed in accordance with Section 9-3.602 (c)(2) Parking; Joint Usage of the Municipal Code. PRINCIPAL USES PERMITTED Permitted uses include: a. General office uses such as business, professional and similar office uses. b. Public and semi-public buildings, services and facilities including governmental buildings, public utility offices and exchanges, but excluding public schools, police stations, etc. C. Architecture, engineering, design and consulting firms which provide a service to other business firms. d. Real estate brokerage, mortgage banking, insurance firms. e. Large offices, such as corporate headquarters. f. Offices of nonprofit and civic organizations. g. Libraries, museums and art galleries. 131 h. Financial, insurance, legal and accounting services and travel agencies. i. Small-scale personal services incidental to the above office uses, including snack bars, delicatessens, business supplies and printing and reproduction services, excluding newspaper and other publications. Such uses shall be permitted only in conjunction with the principal permitted office uses and shall not exceed a total of five percent of the total gross square feet of the project. j. "Church and church related uses, excluding uses of bells and chimes or externally amplified sound whether music, voice, bells or chimes. Excluding normal preschool activities during normal school days; all other outside uses including the use of a temporary amplified sound system, a special activities permit is required to be issued by the City in accordance with Section 9-3.632 (Special Activities Permit Program). If a special activities permit is issued, it will restrict the activity to the hours between 8:00 a.m. and 10:00 p.m. If a temporary amplified sound system is to be used, the speaker system shall be directed away from the residential neighborhoods and it shall not exceed 65 dBA as measured from the property boundary No more than four special activities permits shall be issued in any twelve month period, and each permit shall cover only one activity of a continuous daily duration. All property owners of Country Hills Estates and Spotted Bull, and the Homeowners Associations for Village San Juan, Capistrano Royale and Mission Hills Ranch shall be notified of the application for a special activities permit. k. Day-care facilities with floor areas of up to 625 square feet. Such facilities shall be permitted only in conjunction with church facilities. Day care facilities with floor areas greater than 625 feet shall be permitted subject to approval of a Conditional Use Permit, in accordance with Section 9-2.303, Conditional Use Permits. 2. Prohibited uses: a. Banks, savings and loan and credit unions, retail banking outlets, except for mortgage banking and general and corporate offices for banks, savings and loans and credit unions. b. Medical and dental offices. C. Public and private schools except for general offices related to public and private schools. d. Homeless shelters as a principle or accessory use. 7 132 e. Soup kitchens as a principle or accessory use. f All non-specified uses are prohibited. DEVELOPMENT STANDARDS This project falls under the requirements of the PD, and HM Districts (Sections 9-3.423.5, and 9- 3.505 of the Municipal Code, respectively) as well as Supplementary District regulations including Parking and Signing. Development of the site shall adhere to the following standards: a. Building heights and the elevations of the building pads, as well as the overall project design shall allow visual access to surrounding open space. b. The integrity of hilly terrain and respect for views both of and from the hills shall be maintained, and proposed development shall be integrated with the natural topography. c. There shall be no flat roofs or mechanical wells. d. There shall be no roof -mounted mechanical equipment. e. Summer shading, windbreaks and visual buffering shall be provided by a number of evergreen trees. Vegetation shall consist of indigenous and domestic species complimentary to the architecture of the project. MODIFICATIONS TO DEVELOPMENT STANDARDS Modification tho this Specific Development Plan shall be made in accordance with Section 9-3.423.5 (d)(4) Amendments to Specific Development Plans of the Municipal Code. PUBLIC NOTIFICATION All property owners of Country Hills Estates and Spotted Bull, and the Homeowners Associations of Village San Juan, Capistrano Royale and Mission Hills Ranch shall be included in the notice list for any proposed land use entitlement or project changes subsequent to the effective date of the approval of this Specific Development Plan 90-02 amendment (RZ 96-01). SUPPLEMENTARY DISTRICT REGULATIONS The Supplementary District Regulations of Article 9-3.6 (signs, parking, fence regulations, etc.) shall apply to this PD (Planned Development) District. However, specific supplementary district regulations adopted as part of the Specific Development Plan shall supersede such Article 9-3.6 of the Municipal Code. ISSUES NOT ADDRESSED 133 In cases where standard regulation or other issues are not addressed in this Specific Development Plan, the appropriate provision for Title 9 of the Municipal Code shall regulate. DEED RESTRICTION The applicant/property owner acknowledges they are building a church adjacent to the neighborhoods of Country Hills Estate and Spotted Bull, and that the use of bells, chimes and externally amplified sound would be disruptive to the residence's quality of life and jeopardize the nature of the neighborhood. The applicant/property owner freely agrees to enter into a covenant that will run with the land, the applicant/property owner shall record a deed restriction that will require the applicant/property owner to comply with all applicable zoning conditions, restrictions, requirement of any kind approved by the City, including but not limited to the Specific Development Plan, and any amendments thereto, and the mitigated Negative Declaration. The deed restriction shall be prepared by the City Attorney. The approved document shall be executed by the applicant/property owner, and recorded by the City simultaneously with the effective date of the Ordinance approving RZ 96-01. COMMON AREAS The Specific Development Plan, through appropriate legal instruments such as CC&Rs, management agencies and/or owners' associations, shall provide means for the on-going maintenance of all crib walls, open space, private streets, parking lots, buildings and the like. Said legal instruments shall be approved by the City and shall be appropriately recorded prior to the issuance of building permits. 2. The CC&Rs or legal instruments shall incorporate provisions of the responsible owners' association for maintenance of any commonly owned land should the City determine, after reasonable and customary notice to the property owners' association, that adequate maintenance is not being performed on such land. In the case of owners' associations, no in -common holding may be sold or otherwise transferred to the control of any other entity, except one conceived and designed to fulfill the same basic purposes as the owners' association. 0