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Ordinance Number 751 133 ORDINANCE NO. 751 APPROVING REZONE 93-6 AND PRECISE PLAN 93-1 (STEVENS) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 93-6 AND PRECISE PLAN 93-1 TO PERMIT A RETAIL NURSERY AT 27401 ORTEGA HIGHWAY THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,CALIFORNIA,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findinas. The City Council finds that: 1. The proposed nursery use will be more compatible with Ortega Highway than the low density residential permitted by the current zoning,due to the noise impacts associated with a primary arterial highway,and the site's proximity to Ortega Highway and more intense commercial and public institutional uses,such as the Ortega Business Center, St. Margaret's School, and Church of the Nazarene. Additionally,the low intensity commercial nature of the nursery, which has minimal building coverage, and extensive landscaping, will provide a transitional use which is compatible with the more intense commercial businesses along Ortega Highway and the adjacent low density residential neighborhoods. 2. The proposed Rezone is consistent with the General Plan in that the General Plan Policies Document encourages the development of large scenic sites with uses which would not substantially alter the developed character of the site. The document further states that tree farms and nurseries are commercial ventures which should be encouraged and given careful consideration. 3. The proposed rezone is consistent with the Municipal Code in that the intent of the Precise Plan District is to provide a means for designating certain areas of the City having important aesthetic,cultural,historic or environmental characteristics as special study areas so these areas will not be destroyed due to premature or poorly planned development. The proposed uses are consistent with this in that the site is not well-suited to Small Estate uses (its current zone designation),as it is located in a bowl,at relatively the same elevation as Ortega Highway and is therefore subject to greater noise and view impacts than the existing homes on the bluff above the site. Nor is it well-suited to general commercial uses due to its irregular shape and proximity to existing homes. Under the proposed Precise Plan the site will be developed in such a way as to preserve its natural characteristics,including topography and existing dense landscaping,providing a transition point between the urban nature of the Ortega/La Novia intersection and the low density residential uses above the site. SECTION 2. Amendment Text. Based upon the findings set forth in Section 1,preceding,the City Council ordains that the zoning for the property located at 27401 Ortega I lighway and depicted in Exhibit A as Assessor's Parcel Number 650-201-12 is changed from Small Estate(ES)to Precise Plan(SP)and is governed by Precise Plan 93-1 as contained herein as Exhibit B and as amended below: 1. Large products,such as gazebos and waterfalls,shall be displayed in a garden-like context when visible from Ortega Highway. Other products such as equipment and fertilizers shall be stored so as not to be visually prominent from Ortega Highway. 2. The applicant shall,within six months from zone change approval,submit to the City driveway drawings prepared by an engineer. Construction shall be completed within one year of submission of the engineering drawings. 3. On-site circulation and structures shall be oriented(to the satisfaction of the City Engineer) so as to not inhibit future consolidation and relocation of the driveways(on the north side of Ortega Highway)to the intersection with La Novia Avenue. 4. The community event sign shall not be a permanent installation. -1- 134 5. Unpackaged fertilizer must be stored in such a way as to prevent contamination of surface ground water. 6. The applicant shall: a. Submit the design of and then construct the westerly driveway(to the satisfaction of the City Engineer and Caltrans)to the site,including but not limited to,the driveway's approach and any signing and/or striping; b. Submit the design of and then construct the easterly driveway to the site,including _ but not limited to,the driveway's approach and any signing and seek striping modifications to Ortega Highway(to the satisfaction of the City Engineer and Caltrans); C. Be responsible for all costs associated with"a"and"b",including permit fees. d. Or, as an alternative to "a', "b", and "c", the applicant shall submit to the City Engineer and Caltrans for review and to obtain approval for the design of a driveway entry at the La Novia intersection. Said review will include the on-site circulation and parking spaces impacted. The applicant shall be responsible for construction including,but not limited to,the driveway's approach and anv signalizing,signing and/or striping and be responsible for all costs associated with this entry. The new entry drive will not preclude future consolidation of the driveways on either side. 7. The applicant shall be responsible for participating in improvements to the frontage. The level of participation shall be equivalent to the cost to construct a sidewalk fronting the project site and shall be based upon an estimate submitted by the applicant's professionals. Said estimates shall be approved by the City Engineer and paid prior to the issuance of any building permit. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty(30)days after its passage. SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen(15) days after passage and adoption as required by law; or, in the alternative,the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five(5)days prior to the date of adoption of this Ordinance;and,within fifteen(15)days after adoption,the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance,together with the vote for and against the same, in the Office of the City Clerk. PASSED,APPROVED AND ADOPTED this 19th day of July 1994. a LENE C BELL, YOR ATTEST: 4CIALE�a -2- 135 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano. California,DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 751 which was introduced at a meeting of the City Council of the City of San Juan Capistrano,California,held on July Silt ;'1994, and adopted at a meeting held on July 19th , 1994,by the following vote. AYES: Council Members Jones, Nash and Mayor Campbell NOES: None ABSTAIN: Council Member Hausdorfer ABSENT: Council :Member Vasquez (SEAL) is CHERYL JOONS—Qk,CITY CLERK -3- „». v. :'�•+'f;?"�. FOR. NE 114, NE//4, SW //4, SEC 6, T. BS., R. 7W 650T�U c 4 9 l loo' � �{l4i•Ba 'r4 ti. nn �� � G I is (4) f \ (� Y i'v'4 n_ .11.1771 Aa W �� 666, AIR 2 (2\l 1) / G � 3 q � V12� 'S�ygy r 4'C)411-3 eu� PAR p 13 —srA.6 j�:�e'.�t] 9 14 •y -'"M1 �n /461 AC( e S xc14 21 N L'.fAfI WAS :?4HE0 FOR CIIIANLiE p}��UC�t,l.,��,P�T� 4.F1YOSESONLY PARCEL MAP PM 3-34 NOTE A55ESSOR'S BLOCK A Im n-SF OA4 M'.{ QtlA 11ANIFE AS�J'.4�'�) PARCEL NUMBERS R nc<unrt,�{ll�(j�1 owmt EU) II S?Lll U FUII OTHFA IhEC E i 1�[��I)�ti1,^, F • '.G,.+,;. rt SHOWN IN CIRCLES UI:npYll";HI kXILI .tkR:kMIPIM.YSE.iSOR. ;1Li, 137 PRECISE PLAN 93-01 A. Purpose and Intent 1 . To provide for commercial uses within a predominately open space garden setting that reinforces the City's philosophy of preserving abundant open space. 2. To encourage the sales of horticulture products in order to enhance the City's character as a semi-rural community. 3. To promote the benefits of gardening and provide a setting conducive to appreciating nature. 4. To provide for a commercial use which is compatible with the preservation of adjacent low density residential uses. B. Principal Uses and Structures Permitted 1 . Retail and wholesale sales and storage of nursery and garden products, including plants, trees, shrubs, flowers and garden supplies and accessory items such as dried flowers, pottery, baskets, fountains, waterfalls and gazebos displayed throughout the garden. 2. Uses outlined in Section 9-3.404 (Small Estate District) of Chapter 3 of the Municipal Code as a principal, accessory or conditional use. C. Development Standards - The following development standards shall apply to Precise Plan 93-01 : 1 . The minimum lot size shall be one and five-tenths (1 .5) acres. 2. The maximum development size shall be five (5) acres. 3. The minimum street frontage shall be 60 feet. 4. The maximum height of structures shall be 35 feet. 5. The minimum setbacks shall be 20 feet front yard, five (5) feet side yard, and 20 feet rear yard. Iib Precise Plan 93-01 -2- 6. The minimum open space shall be 80% of the gross site area. D. Development Plans and Review 1 . Projects proposed within this precise plan shall be subject to the developmental review process for site plan approval and shall be adopted and amended in the same manner provided for a Comprehensive Development Plan as set forth in Subsection (c) of Section 9-3.410 of the Land Use Code. Setbacks and building heights shall be in accordance with the approved site plan upon a determination by the Planning Commission that the development creates a rustic, rural image and has no adverse effect on adjacent properties. 2. Plans required for the review of projects within Precise Plan 93-01 shall include: a) Site, plot or development plans; b) Grading plans; c) Building elevations; d) Architectural detail plans, such as for new structures. E. Supplementary District Regulations - The supplementary district regulations of Article 6 of the Land Use Code and Precise Plan 93-01 , except when inconsistent with the following provisions, in such event the following standards will prevail: 1 . Rural environment. Developments shall incorporate low profile buildings and a rustic, natural atmosphere to enhance the natural ambiance of the garden. 2. Parking and roadways. Gravel and/or natural materials will be used to maintain a rustic atmosphere. Continuous curbs or headers shall be wooded or natural rock. 3. Lighting shall be consistent with Section 9-3.614(d) (Lighting, Residential), so as to be compatible with adjacent residential districts. 4. Manure, fertilizer, and/or any soil amendments shall be stored in such a manner that confines dust and odors to the immediate storage area.