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Ordinance Number 763265 ORDINANCE NO. 763 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 94-5 AND ADOPTING SPECIFIC DEVELOPMENT PLAN 95-1 FOR PROPERTY LOCATED AT 33413 SAN JUAN CREEK ROAD TO ALLOW AN INTERIM NURSERY USE (KITTLE/HUISH) WHEREAS, the agent, Mr. Brent Kittle of California Colour, on behalf of the property owner, Huish Family Fun Centers, P. O. Box 2632, Capistrano Beach, California 92624, has submitted an application to rezone the property located at 33413 San Juan Creek Road from PR (Private Recreation) to PD (Planned Development) to allow retail landscape/nursery use in addition to existing uses allowed under the Private Recreation zone regulations; and, WHEREAS, the zone change to PD (Planned Development) necessitates the preparation and adoption of a specific development plan by the City Council to establish development standards to govern the property; said Specific Development Plan has been prepared and is included herein as "Exhibit A"; and, WHEREAS, on February 14, 1995, the City's Environmental Administrator determined that the proposal was Categorically Exempt, Class 4, from the provisions of the California Environmental Quality Act; and, WHEREAS, the item was noticed for a public hearing before the Planning Commission on February 28, 1995, at which time the lack of a quorum required the rescheduling and re -noticing of the public hearing for March 1, 1995, at which time the Planning Commission held a duly -noticed public hearing to consider the above application. A public hearing notice was mailed to property owners within 300 feet of the site and the site was posted prior to the public hearing; and, WHEREAS, a public hearing notice for the April 18, 1995 public hearing before the City Council has been advertised and mailed to property owners within 300 feet of the site and the site was posted prior to the hearing date. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: -1- 266 1. General Plan Consistency - The proposed project is consistent with the goals, policies, and objectives of the Open Space Element of the General Plan in that the use utilizes landscaping and plantings as its merchandise and site features, thereby allowing a project which emphasizes the elements found in the open space areas of the City. Furthermore, it allows an otherwise vacant, but improved site to be covered in landscape materials which provides a more scenic and aesthetically pleasing environment. In addition, the proposed Planned Development (PD) zone designation is shown on the General Plan Consistency Matrix (Section 9-2.102) as consistent with the Private Recreation (PR) zone. 2. Compatibility with Surrounding Existing Land Uses - The project is compatible with all of the surrounding and adjacent uses in that: (a) San Juan Creek Road (a major arterial) provides a distinct separation between the proposed use and existing residential development; (b) lighting or other site features which could result in glare impacts upon nearby homes are not proposed; (c) to ensure that potential impacts are kept to a minimum and that the use is compatible, hours of operation are limited to occur from dawn to dusk; (d) Specific Development Plan 95-1 establishes development standards which create setbacks (for example, parking lots may not be placed closer than 15 feet from any property line), buffer yards, and development standards to ensure the project is compatible. The City Council does hereby approve Rezone 94-5 and adopt Specific Development Plan 95-1, attached as "Exhibit A", to allow nursery/landscape use within a Private Recreation (PR) zone district subject to the condition that final plans as noted in the Specific Development Plan 95-1 (Exhibit A) are reviewed subject to the approval of the Planning Commission. �J X61 0 Lei Ii�3�iR� 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 -2- 267 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 2nd day of May , 1995. CAROLYN 44ASH, MAYOR ATTEST: CITY CLERI 61 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. 763 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on April 18 , 1995, and adopted at a meeting held on May 2 , 1995, by the following vote: AYES: Council Members Jones, Hart, Campbell, Swerdlin and Mayor Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) 3��z v CHERYL J NS , CITY CLERK -3- 268 EXHIBIT "A" SPECIFIC DEVELOPMENT PLAN 95-01 PLANNED DEVELOPMENT DISTRICT FOR 33413 SAN JUAN CREEK ROAD, APN 666-011-16/HUISH/KITTLE A. Purpose and Intent To provide for a low intensity, commercial nursery use within a PR (Private Recreation) district until such time that a permanent development is proposed. To encourage the sales of horticulture products in order to enhance the City's character as a semi rural community. 2. To promote the benefits of gardening and provide a setting conducive to appreciating nature. 3. To provide for private recreation uses which are compatible with adjacent low density residential uses and private recreation uses. B. Uses and Structures Permitted Principal: 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 gardens. 2. Uses outlined in Section 9-3.419 (Private Recreation) of Chapter 3 of the Municipal Code as a principal, accessory, or conditional use. Accessory: Green houses, shade structures and office structures shall be permitted as accessory uses related to the retails and wholesales sales of garden/nursery products. 2. Uses outlined in Section 9-3.419 (Private Recreation) of Chapter 3 of the Municipal Code as a principal, accessory, or conditional use. ZOV Draft SDP 95-01 33413 San Juan Creek Road Page 2 C. Development Standards: The following standards shall apply. For standards not contained in Table 1, refer to the Municipal Code. Where there are inconsistencies, the most restrictive shall take precedence. TABLE l: Development Standards Hours of Dawn to dusk operation Maximum 20' in height Height of Structures SETBACKS.- ETBACKS:Plants: Plants: 0' from property line Parking lots: 15' from San Juan Creek Road 5' from adjacent IP district 10' from adjacent PR district Bldings/Structures: 20' from San Juan Creek Road 10' from adjacent IP district 10' from adjacent PR district 10' from adjacent OS district Fertilizer: Shall not be visible to San Juan Creek Road 270 Draft SDP 95-01 33413 San Juan Creek Road Page 3 D. Development Plans and Review Projects proposed within this plan shall be subject to the development review process for site plan approval and shall be adopted and amended in the same manner provided for a Specific Development Plan as set forth in Subsection (d) of Section 9-3.423.5 of the Land Use Code. 2. Preliminary/conceptual plans required for the review of projects within Specific Development Plan 95-01 shall include: a) site, plot, or development plans b) building elevations, where new structures are proposed C) architectural detail plans for new structures or signs 3. Final plans submitted to the Planning Commission prior to the issuance of Certificate of Use shall include: a) landscape plans noting the location of all on-site nursery function areas/structures and proximity to adjacent properties and street; and, b) final site plan showing: details for trash enclosure location and elevations, details for temporary office building, and information showing parking in compliance with the Municipal Code Section 9-3.602 Off Street Parking for Retail plant nurseries, garden shops and similar uses; and, C) sign plan showing dimensions, materials, copy. 4. Striping plans for San Juan Creek Road (in accordance with City approved striping plans) shall be submitted to the City Engineer for review and approval prior to issuance of a certificate of Use.