Ordinance Number 896ORDINANCE NO. 896
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A COMPREHENSIVE DEVELOPMENT PLAN
FOR WHISPERING HILLS ESTATES (CDP 04-01)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, Whispering Hills LLC, 19700 Fairchild Road, Suite 120, Irvine, CA
92612, has filed an application with the City of San Juan Capistrano for approval of a
Comprehensive Development Plan (CDP) to establish permitted uses, development
standards, and other zoning regulations for the property zoned "PC" Planned Community,
located in the southeastern part of the City, west of La Pata Avenue and north of the Prima
Deschecha landfill, and
WHEREAS, the Planning Commission has held duly -noticed public hearings on the
preceding CDP application and has recommended approval, and
WHEREAS, the City staff and the City's consulting project manager have prepared
a detailed staff report on the CDP to the City Council dated July 20, 2004, and
WHEREAS, on July 20, 2004, the City Council held a public hearing and considered
the proposed rezoning and associated land use applications for the project, the
recommendation of the Planning Commission and other advisory Commissions, and the
evidence and arguments submitted by the City staff, the developer, and all interested
parties. A notice of time, place and purpose of the public hearing was duly given and
testimony was presented to and considered by the City Council at the public hearing, and
WHEREAS, on May 21, 2002, the City Council certified a Final Environmental
Impact Report (FEIR) and Findings in accordance with the California Environmental Quality
Act (CEQA) to address the environmental impacts of a similar but more intensive project
on the property. Based on a review of that FEIR, the City's Environmental Administrator
has determined that the present proposed project qualifies for an EIR Addendum pursuant
to Section 15164 of the CEQA Guidelines, which Addendum, including an Initial Study of
the present project, a new traffic study, an updated Mitigation Monitoring and Reporting
Program, and associated other environmental documentation, has been prepared,
reviewed by the Planning Commission and City Council, and made available to the public.
The Addendum is incorporated by reference as Exhibit C, as if fully set out herein. In
addition, the FEIR and Findings are incorporated by reference as if fully set out herein. All
records pertaining to preparation, review, and comment on the FOR and Addendum are
retained in the Planning. Department of the City of San Juan Capistrano.
SECTION 1. Findings Regarding EIR Addendum and Mitigation Monitoring and —
Reporting Program.
The City Council finds that, pursuant to CEQA Guidelines Section 15164, an
Addendum to the Final EIR has been prepared because:
a. None of the circumstances described in CEQA Guidelines Section 15162
requiring a subsequent EIR have occurred; and
b. Minor technical additions in the Addendum help to further explain and
refine, rather than substantively alter, the Final EIR; and
c. The Addendum does not raise important new issues about significant
effects on the environment.
2. The City of San Juan Capistrano exceeded the public notice requirements
under Public Resources Code 21092 posting a notice of the availability of the
Initial Study and Addendum on the project site and at the Orange County
Clerk -Recorder.
3. The City Council has reviewed and considered all environmental
documentation and has found that the Addendum properly concludes that all
environmental effects and mitigation measures associated with the project are
adequately addressed in the Final EIR, and has examined with particular care
whether there are any potential effects peculiar to the project, as well as the
adequacy of the performance of adopted mitigation measures, all as set forth
in the Addendum, and has found that said Addendum is particularly responsive
to the actual environmental effects and public comments to date.
4. Section 21166 of CEQA and Section 15162 of the CEQA Guidelines provide
that, where an EIR has been prepared, no new EIR need be prepared unless
there are changes in the project, its underlying circumstances, or new
information, which result in new or more severe impacts than were originally
documented in the EIR.
5. The Certified Final EIR prepared by the City of San Juan Capistrano for the
Whispering Hills Estates project completely and adequately documents the
impacts of the project.
6. The Addendum contains substantial evidence supporting the conclusion that
impacts of the project are not new or more severe than those predicted in the
Final EIR, and that such evidence has been carefully and independently
reviewed by the City of San Juan Capistrano staff responsible for the accuracy
of such evidence. Also, as demonstrated by the Addendum, impacts of the
project will be less than the earlier project in many of the topical areas (i.e.
2
aesthetics, grading, air quality, hydrology/water quality, noise, and traffic), as
the number of dwelling units has been reduced.
7. Pursuant to Public Resources Code Section 21083.3, there are no effects on
the environment that are peculiar to the project that would require preparation
of a new, subsequent or supplemental EIR. Also, no new information has
become available indicating that the impacts and mitigation measures
associated with the Project are not adequately addressed in the Final EIR.
Accordingly, no additional, subsequent, or supplemental EIR need be prepared
for the project.
SECTION 2. Findings Regarding Comprehensive Development Plan.
The Comprehensive Development Plan (CDP), attached hereto as Exhibit B, is
consistent with the City's General Plan and Land Use Code because of the following
findings:
Land Use Designations - The City's General Plan designates the property as
"Planned Community", "Very Low Density Residential" (maximum density of
one dwelling unit per acre), and "General Open Space" . The General Open
Space designation was assigned to the SDG&E transmission line right-of-way
extending diagonally through the property from northwest to southeast. The
two ridgelines on the site are designated as "Major Ridgelines", to be
preserved in open space per the Conservation and Open Space Element.
Residential Density - The density of the residential portion of the Planned
Community (VTTM 16634) is 155 dwelling units = 314 acres = .49 du/acre.
This is within the maximum General Plan density of one unit per acre.
Transmission Corridor Open Space Designation - The General Open Space
designation is meant to show that the area occupied by the electric
transmission lines is to remain in open space. The aboveground portion will
remain in open space, with the central portion being realigned to
accommodate the undergrounding of the eastern portion. That undergrounded
portion will be relocated in the main entry street, "A" street, which is to be
flanked by open space on both sides in the form of high school playfields on
the north and the detention basins on the south. Thus, the General Plan
transmission line open space will be preserved in its undergrounded condition,
though with a slightly different alignment. Therefore, the CDP is consistent with
the General Open Space designation.
Major Ridgelines - The CDP retains the two major ridgelines in open space.
Zoning Designation - The property is designated "PC" and "GOS" on the
Official Zoning Map. The PC District zoning classification requires adoption of
a Comprehensive Development Plan. The purpose of adoption of the CDP by
zoning ordinance is to establish the site-specific permitted uses and specific
development standards (e.g. lot sizes, setbacks, etc.) for the property.
Transmission Corridor Zonino - The GOS zoning follows the General Plan
General Open Space designation for the electric transmission corridor. As
discussed above under "General Plan", the preservation of this corridor in
open space is achieved in both its aboveground and underground segments.
The transmission line corridor is surrounded on both sides by the area zoned
"PC" on the Zoning Map. It is also part of, and under common ownership with,
VTTM 16634. Therefore, for purposes of coordinated planning, zoning and
development and in conformity with the purpose and intent of the PC District,
the corridor has been included in the CDP.
SECTION 3.. Approval.
In light of the preceding findings, the City Council hereby:
Determines that, since none of the conditions described in Section 15162 of
the CEQA Guidelines calling for a new EIR have occurred, and since the
information reported in the EIR Addendum dated June 2004, incorporated by
reference as Exhibit C as if fully set out herein, does not raise important new
issues about the significant effects on the environment, pursuant to Section
15164 of the CEQA Guidelines, the Final EIR and Addendum adequately
address the environmental effects and feasible mitigation measures
associated with the Project.
2. Adopts the "Statement of Overriding Considerations", attached hereto as
Exhibit A. The FEIR determined that the present project's similar predecessor,
the High School/193 DU Alternative, would have a significant unavoidable
cumulative impact in the area of air quality. The City Council has balanced this
significant adverse environmental impact 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.
Approves Comprehensive Development Plan CDP 04-01, attached hereto as
Exhibit B.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
12
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 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 3rd day-kf Aug*t, 2004.
JOE S070, MA
ATTEST:
e,
MARC RET 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 No. 896 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 20`h day of July 2004 and that thereafter, said Ordinance was duly adopted
and passed at the Regular Meeting of the City Council on the 3'd day of August 2004 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart & Mayor Soto
NOES COUNCIL M E NNDrys
�46� ChOI�N�I� ME BE N
R. MONAHAN, City Clerk
EXHIBIT A
STATEMENT OF OVERRIDING CONSIDERATIONS
STATEMENT OF OVERRIDING CONSIDERATIONS
WHISPERING HILLS ESTATES
A. UNAVOIDABLE IMPACTS IDENTIFIED IN FOR
The Whispering Hills Estates project, like its similar predecessor, the High School/193
DU Alternative addressed in the adopted Final Environmental Impact Report (FEIR),
would have a significant unavoidable cumulative impact in the area of air quality, as
described in detail in the Statement of Findings and Facts for the FEIR.
The FEIR identified all feasible mitigation measures with respect to the above impact.
Although these mitigation measures may substantially lessen this significant impact,
adoption of the measures will not fully avoid the impacts. As a result, to approve the
project, the City must make a statement of overriding considerations pursuant to
State CEQA Guidelines Sections 15043 and 15093. This statement allows a lead
agency to cite a project's general economic, social or other benefits as a justification
for choosing to allow the occurrence of specified significant environmental effects that
have not been avoided. The statement explains why, in the agency's judgement, the
project's benefits outweigh the unavoidable significant effects.
B. IDENTIFIED PUBLIC BENEFITS
The City, in its review and consideration of the proposed Whispering Hills Estates
project, and in consideration of the significant unavoidable cumulative impact in the
area of air quality, hereby adopts the following determinations and findings regarding
the Unavoidable Adverse Impacts for the following overriding reasons:
The project will contribute housing in the City of San Juan Capistrano by the
provision of additional residential units. The provision of additional housing is a
public benefit of the project. The project will provide housing opportunities that
meet the objectives and policies the City's General Plan Housing Element and
SCAG's Regional Housing Needs Assessment. Also, with regard to affordable
housing opportunities, the project will be required to pay an affordable housing
in -lieu fee equal to one percent of the project's building permit valuation.
2. An extensive trail system has been planned in the City's General Plan, including
equestrian, multi -use, and bicycle trails. The project provides for implementation
of a number of such trails.
EXHIBIT B
COMPREHENSIVE DEVELOPMENT PLAN
COMPREHENSIVE DEVELOPMENT PLAN
WHISPERING HILLS ESTATES
PLANNED COMMUNITY
CITY OF SAN JUAN CAPISTRANO
ADOPTED BY CITY COUNCIL 813104
TABLE OF CONTENTS
CHAPTER/SECTION PAGE
CHAPTER 1: INTRODUCTION
1.1 Purpose and Intent 1-1
1.2 Size and Location of Property 1-2
1.3 General Plan and Zoning 1-2
1.4 Definitions 1-4
CHAPTER 2: LAND USE AND CIRCULATION
2.1
Land Use
2-1
2.2
Circulation and Access
2-4
2.3
Parks and Trails
2-4
2.4
Public Utilities
2-5
CHAPTER 3: PERMITTED USES AND DEVELOPMENT STANDARDS
3.1 Introduction 3-1
3.2 General Provisions 3-1
3.3 Residential Land Uses 3-1
3.4 Nonresidential Land Uses 3-4
CHAPTER 4:
PROJECT IMPLEMENTATION
4.1
Phasing 4-1
4.2
Zoning Conditions 4-1
4.3
Development Review Procedures 4-2
3
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 Planned Community'.
The Planned Community is composed of the following two primary areas:
Area A: Consisting of Subarea Al: Vesting Tentative Tract Map 16634 (VTTM
16634), under review by the City concurrently with this CDP, and a four -acre
.'remainder' parcel on the north side of "A" Street near La Pate Avenue (see Exhibit
2); plus Subarea A2: a 34 -acre subarea located in unincorporated territory between
the City boundary and La Pate Avenue which is to be annexed to the City.
Area B: The 52 -acre± San Juan Hills High School site, which is being purchased
from the owner of VTTM 16634 by the Capistrano Unified School District (CUSD).
Previously, as allowed by state law, the CUSD Board of Trustees overrode the City
zoning on this portion of the Planned Community in order to permit establishment
of the High School. Therefore, permitted uses and development standards for this
Area are under the authority of CUSD and the Division of the State Architect. Thus,
this CDP does not establish zoning regulations for Area B.
Section 9-3.315 of 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, such
developments to be of sufficient size to provide related areas for various
uses, which may include varying housing types; commercial retail and
service activities; industrial uses; recreation, school and other public facilities
and other appropriate land uses. The regulations forthe Planned Community
(PC) District are designed to permit the adoption of a Comprehensive
Development Plan (CDP) providing for a diversity of uses, building
relationships, and open spaces within planned building groups, while
insuring compliance with the General Plan and this Code;
"(3) To insure, by means of land use regulations and specific conditions of
approval, a more efficient use of open space, the separation of pedestrian
and vehicular traffic, increased project amenities and compatibility with
surrounding development;
For purposes of brevity in this CDP, the Whispering Hills Estates Planned Community is sometimes
referred to as "Whispering Hills"or the "Whispering Hills Planned Community".
1-1
WHISPERING HILLS ESTATES
COMPREHENSIVE DEVELOPMENT PLAN
"(4) To achieve the coordinated planning and orderly development of different
contiguous parcels of land by means of an approved Comprehensive
Development Plan; and
"(5) To provide open space, agricultural, and low density residential interim use
of property until a Comprehensive Development Plan is approved and
implemented".
1.2 SIZE AND LOCATION OF PROPERTY
The Whispering Hills Planned Community is located on 404 acres in the southeastern
portion of the City of San Juan Capistrano (see Exhibit 1). Of that, Subarea "A1" consists
of 314 acres included in the residential project, VTTM 16634, (see Table 1). and a
remainder parcel of about four acres, which is not a part of VTTM 16634. Subarea "A2"
consists of a 34 -acre property presently located in unincorporated territory between the
City boundary and La Pate Avenue (see Exhibit 2). All or part of this territory will be
annexed to the City in accordance with a condition of approval on VTTM 16634. Since this
property is presently outside the boundaries of the City, the land use and other regulations
in this CDP will become active on the property only upon its prezoning and annexation to
the City.
Area B is the future public San Juan Hills High School, occupying approximately 52 acres.
The property has two northwesterly trending ridges (see Exhibit 1). These ridgelines are
designated for preservation in the General Plan. The property also contains two electric
transmission corridors.
1.3 GENERAL PLAN AND ZONING
1.3.1 GENERAL PLAN
Land Use Designations - The City's General Plan designates the property as "Planned
Community", "Very Low Density Residential" (maximum density of one dwelling unit per
acre), and "General Open Space". The General Open Space designation was assigned
to the SDG&E transmission line right-of-way extending diagonally through the property.
The two ridgelines on the site are designated as "Major Ridgelines", to be preserved in
open space per the Conservation and Open Space Element.
Residential Density - The density of the residential portion of the Planned Community
(VTTM 16634) is 155 dwelling units +314 acres =.49 du/acre. This is within the maximum
General Plan density of one unit per acre.
1-2
7. G
WHISPERING HILLS ESTATES
COMPREHENSIVE DEVELOPMENT PLAN
Transmission Line Open Space Designation - The General Open Space designation is
meant to show that the area occupied by the electric transmission lines is to remain in
open space. The aboveground portion will remain in open space, with the central portion
being realigned to accommodate the undergrounding of the eastern portion. That
undergrounded portion will be relocated in the main entry street, "A" street, which is to be
flanked by open space on both sides in the form of high school playfields on the north and
the detention basins on the south. Thus, the General Plan transmission line open space
will be preserved in its undergrounded condition, though with a slightly different alignment.
Therefore, this CDP is consistent with the General Open Space designation.
Maior Ridgelines - This CDP retains the two major ridgelines in open space (see Exh. 2).
1.3.2 ZONING
The property is designated "PC" and "GOS" on the Official Zoning Map. The PC District
zoning classification requires that a Comprehensive Development Plan be integrated into
the PC zoning in order to establish permitted land uses and development standards on
a PC -designated property. This is the Comprehensive Development Plan for the
Whispering Hills PC.
The GOS zoning follows the General Plan General Open Space designation for the
electric transmission corridor. As discussed above under "General Plan", the preservation
of this corridor in open space is achieved in both its aboveground and underground
segments. The transmission line corridor is surrounded on both sides by the area zoned
"PC" on the Zoning Map. It is also part of, and under common ownership with, VTTM
16634. Therefore, for purposes of coordinated planning, zoning and development and in
conformity with the purpose and intent of the PC District, the corridor has been included
in this CDP.
1.4 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.
Unless otherwise indicated herein, all terms used in this Comprehensive Development
Plan shall have meanings as defined in the Land Use Code.
1-4
2. LAND USE AND CIRCULATION
2.1 LAND USE
2.1.1 SUMMARY
This Comprehensive Development Plan for VTTM 46634 provides for the following land
uses and development within the Whispering Hills Planned Community:
A public high school.
2. Vesting Tentative Tract Map (VTTM)16634: A maximum of 155 single family
dwelling units, with a maximum of 15 dwelling units in the west canyon area,
on minimum 30,000 -square -foot lots, and the remaining 140 units in the east
canyon area on minimum 10,000 -square -foot lots.
3. Open space -oriented uses on Subarea "A2": a 34 -acre area located between
VTTM 16634 and La Pata Avenue to be annexed to the City. This area will
also include a private neighborhood park serving the east canyon residential
area.
4. The remainder of the property will be used for permanent open space, trails,
detention basins, habitat mitigation/restoration, ane} utilities, and an electric
transmission line corridor.
2.1.2 LAND USE PLAN
Exhibit 2 shows the land use plan for the Whispering Hills Planned Community. Table 1
shows the land use distribution for the various areas shown on Exhibit 2. As shown in
Table 1, the gross density of the residential portion of the Planned Community, VTTM
16634, is 0.49 dwelling units per acre (155 dwelling units on 314 acres).
As shown on Exhibit 2, a minimum 500 -foot wide open space buffer is established within
the west canyon area along its boundary with the existing Hidden Mountain Estates
development (Tract 11826). No structures other than fencing and the project entry for the
west canyon residential area will be placed in the buffer area.
2-1
BE
TO THE CITY
i
1
S ♦ yygq �K�
� �
BE
TO THE CITY
i
WHISPERING HILLS ESTATES
COMPREHENSIVE DEVELOPMENT PLAN
_LAN S OISTIR*TIOI
Land,
..................................................... ......... ................. ............ ......... .... -.........
Single Family Residentiai tEast Canyon ,10,000 SF Lots)
............................................................................................................I..........
Single Family Residential (West Canyon — 30,GGJ SF Lots)
.................................................... _.......................... ......._............ I...........
Lot "H" Open Space Area
..............................................................................................1.......I..................
Conservation Easement Area __Pe�r,r.:i=JRe,ace
........................................................................:...........I.............--.........
Total Subtotai - V'. 6334:
..................................................................................................................
Remainder Parcel on Nort`:dc; c`. "A" Street
............................................................................................— .......... ................
Subtotal — Subarea "Al":
..........................................................................................................................
Subarea "A2" — Unincorporated Area to be Annexed to C
.....................................................................................................................
Tota, — Area "A':
Total —Area "B". Sal": JLian Hills Hi h Scr ojl:
.............................................................................................
TOTAL — Whispering Hills E3tates Planned Con
2.1.3 OPEN SPACE AND RIDGELIKE PRESERVATION
110
30
5...
169
314
4...
There are two general types of open space within the Whispering Hills PC: 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.
The 169 -acre "Conservation Easement" area shown on Exhibit 2 is required by the
California Depaitment of Fish and Gama: as part of Streambed Alteration Agreement R5-
2002-0115 and the United States Army Corps of Engineers as part of Permit No.
200001593-RLK.
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 edge of VTTM 16634, are designated in the General Plan as "Major
Ridgelines".
Section 9-3.411(c) of the Land Use Code specifies the following:
"No construction activity, including but not limited to grading on any major
ridgeline so designated on the General Plan Map shall be allowed; more
specifically, no construction activity, including but not limited to grading, shall
be permitted within 200 feet (horizontal) of a General Plan designated
2-3
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
ridgeline, or as designated on a final City subdivision map in accordance with.
required development conditions, except at as allowed under subsection (e)
Exemptions."
At adoption of this CDP, grading for the San Juan Hills High School was being carried out
under the authority of the Capistrano Unified School DistricPs override of City zoning on
the property per state law: The grading envelope for the high school extends into the east
canyon residential area of VTTM 16634 .inorder to ensure that stability and other
geotechnical considerations are addressed: Future development associated with VTTM
16634 will comply with the ridgeline preservation requirements of Section 9-3.411 of the
Land Use Code.
2.2 CIRCULATION AND ACCESS
2.2.1 EXISTING ROADWAYS
The San Diego Freeway (Interstate 5) provides north -south regional access to the
Whispering Hills PC. The freeway 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. La Pata Avenue is a two-lane
roadway east of the the Planned Community. Antonio Parkway connects with Ortega
Highway opposite La Pata. Ortega Highway is a four -lane east -west primary arterial
except east of Via Cordova, where it is two lanes.
2.2.2 CIRCULATION PLAN
Primary access to the Planned Community will be provided via La Pate Avenue to the
east canyon area and Avenida La Mancha to the west canyon. There will be two points
of access onto La Pate; a main access controlled by a traffic signal for both the high
school and the east canyon area, and a right -turn in only secondary access for the high
school. Exhibit 2 shows the internal circulation system for VTTM 16634.
2.3 PARKS AND TRAILS
2.3.1 PARKS
A private neighborhood park will be provided within the east canyon residential area. The
size location and improvements for the park will be determined in conjunction with review
of VTTM 16634.
2-4
WHISPERING HILLS ESTATES
2.3.2 TRAILS AND BIKEWAYS
COMPREHENSIVE DEVELOPMENT PLAN
Recreational trails and bikeways will be provided in general conformity with the
conceptual alignments shown on Exhibit 3 and the City's Design Manual for Equestrian
and Hiking Trails and City bikeway standards, subject to any restrictions imposed by the
conditions of the Conservation Easement Area (California Department of Fish and Game
Streambed Alteration Agreement R5-2002-0115; United States Army Corps of Engineers
Permit No. 200001593-RLK).
2.4 PUBLIC UTILITIES
Water and sanitary sewer systems will be provided as shown on VTTM 16634. Storm
drain systems will be as provided in the project's Storm Water Pollution Prevention Plan
and VTTM 16634, and will be installed in accordance with the Clean Water Act Section
401 Water Quality Certification (File No. 02C-039) for the project.
2-5
41 V
EVS77NG TRAILS
WING AND
EQUESMAN TRAILS
(PROPOSED)
Now Trag Connecims
SS (proposed by City SteM
UNY S&WO Road
aii
jEXHEVT3: CONCEPTUAL TRALS PLAN
3. PERMITTED USES AND DEVELOPMENT
STANDARDS
3.1 INTRODUCTION
The Planned Community (PC) District regulations included in this Chapter are adopted
pursuant to Section 9-3.315 of the Land Use Code. The purpose of the land use
regulations is to define the permitted 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 (Title 9 of the City of San Juan Capistrano
Municipal Code) shall govern. In cases of conflict between a land use or development
regulation in this Chapter and the Land Use Code, this Chapter shall prevail.
3.2 GENERAL PROVISIONS
The following land use regulations specify permitted land uses and development
standards related to lot size, setbacks, and building heights.
The Planning Director shall have the authority to review proposed land uses that are not
listed in the land use 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 LAND USES
3.3.1 APPLICABILITY AND PURPOSE
The regulations in this Section 3.3 apply to the residential portion of Area "A" in the
Whispering Hills Planned Community. The purpose of these regulations is to provide for
the development, maintenance and preservation of low density residential development
with single family residences on individual lots, plus associated infrastructure and open
space consistent with the PC Zoning. District, and to comply with the City General Plan
Land Use Element that designates -the area included in VTTM 16634 as "Very Low
Density Residential", allowing up to one dwelling unit per acre.
3.3.2 PRINCIPAL USES AND STRUCTURES PERMITTED
Single-family detached dwellings.
3-1
WHISPERING HILLS ESTATES
Parks and open space, public or private.
Clubhouses, community pools and cabanas.
Bicycle, equestrian and hiking trails.
Drainage facilities and detention basins.
6. Public facilities and utilities.
COMPREHENSIVE DEVELOPMENT PLAN
3.3.3 CONDITIONAL USES AND STRUCTURES PERMITTED
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.
2. Large family day care homes serving 14 or fewer children, in accordance with
Chapter 3.6 of the California Health and Safety Code, subject to the requirements
of the applicable section(s) of the Land Use Code.
3.3.4 ACCESSORY USES AND STRUCTURES PERMITTED
-- 1. Home occupations, subject to the requirements of the applicable section(s) of the
Land Use Code.
2. Unlighted tennis courts and othergame 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.
3. Non-commercial keeping of household pets customarily incidental and accessory
to residential use, subject to the requirements of the applicable section(s) of the
Land Use Code. The keeping of wild, exotic, or non-domestic animals is prohibited
4. 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.
5. Small family day care homes serving 8 or fewer children, in accordance with
Chapter 3.6 of the California Health and Safety Code, subject to the requirements
of the applicable section(s) of the Land Use Code.
6. For residences in the west canyon 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.
Other accessory uses and structures determined by the Planning Director to be
3-2
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
incidental to the operation of the permitted use.
3.3.5 TEMPORARY USES AND STRUCTURES PERMITTED
1. Model homes, temporary real estates 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 LAND USES
Table 2 specifies the standards for residential development within the Planned
Community.
Max.
No. of Residential Lots
15
140
..........................................................................................:.......................................:...........................
Min.
Lot Size
30,000
10,000
..........................................................................................:.......................................:...........................
Min.
Street Frontage'
90
60
....................................................................................;.......................................;...........................
Max.
Structural Height (ft.)
35
35
............................................................................................................................................................
Min.
% of One -Story Units Per District i
0
P0%
Min.
Front Yard Setback (ft)2
..........................:.......................................
30
20
:.........................
Min.
.......................................
Side Yard Setback (ft.)
4015
49f5 14
;...........
Min.
Rear Yard Setback (ft)
..................... .................
25
I............
25
....................................................................................:.......................................:.........................
Max.
Floor Area Ratio
0.25
0.40
Floor Area Ratio (1 s' floor/lot area) 0.25 0.35
..........................................................................................:.......................................:.........................
Floor Area Ratio (2ntl floor/first floor) 80% 80%
3-3
WHISPERING HILLS ESTATES
COMPREHENSIVE DEVELOPMENT PLAN
RESIDE EitEt:O�PMENT� T ` �.
Minimum street frontages for lots on a cul-de-sac or street "knuckle" shall be 40
percent of the minimum street frontage shown. "Flag" lot street frontages shall be
minimum 20', and setbacks shall conform to the requirements of the applicable
section of the Land Use Code.
2 For side -entry type garages, the front'setbaek may be reduced for the garage
portion only to 20' in the west canyon area and 12' in the east canyon area.,
9 Min. side setbacks may be distributed within each lot in the east canyon as follows:
Min. 6' one side and min. 14' other side. In all cases, however, the min. side setback
adjacent to streets shall be 10'.
3.3.7 SUPPLEMENTAL RESIDENTIAL REGULATIONS
Signs, parking, fences, swimming pools and other regulations for residences within the
Planned Community shall be as provided in the appropriate section(s) of the Land Use
Code.
3.4 NONRESIDENTIAL LAND USES
3.4.1 APPLICABILITY AND PURPOSE
The purpose of the regulations in this Section 3.4 is to provide permitted uses and
development standards for the nonresidential areas within the Planned Community. The
regulations in this Section shall apply to the open space and other nonresidential areas
within Area "A", including Lots D through H on VTTM 16634, the four -acre± remainder
parcel outside VTTM 16634 (see Exhibit 2), and the property between VTTM 16634 and
La Pata Avenue to be annexed to the City. Permitted uses and development standards
for the San Juan Hills High School site (Area "B") shall be determined by the Capistrano
Unified School District and the Division of the State Architect, as provided understate law.
3.4.2 PRINCIPAL USES AND STRUCTURES PERMITTED
The following permitted uses apply to all of Area "A", including both Subareas "A1" and
"A2"; and consisting of all open space and other nonresidential areas within Area "A";
Parks, playfields and related facilities.
Passive open space.
3. Bicycle, equestrian and hiking trails.
Habitat mitigation.
3-4
WHISPERING HILLS ESTATES
5. Water reservoirs.
6. Electrical, water, sewer and other utility lines.
7. Drainage facilities and detention basins.
8. Fuel modification.
COMPREHENSIVE DEVELOPMENT PLAN
9. Grading necessary to accomplish resideftel development.
3.4.3 CONDITIONAL USES AND STRUCTURES PERMITTED
The following conditional uses apply only to Subarea "A2": the property between VTTM
16634 and La Pate Avenue and shall only become applicable upon prezoning and
annexation of that area to the City:
1. Recreation vehicle storage
2. Educational facilities
3. Commercial outdoor recreation
4. Commercial horse stables
5. Communication transmitting, receiving and relay facilities
6. Wholesale plant nursery, with no selling to the general public
7. Utility buildings
3.4.4 ACCESSORY USES AND STRUCTURES PERMITTED
Accessory uses and structures incidental to the operation of a permitted use, such as
signage, fences and walls
3.4.5 TEMPORARY USES AND STRUCTURES PERMITTED
Temporary construction facilities, including trailers, subject to the requirements of the
applicable section(s) of the Land Use Code.
3.4.6 DEVELOPMENT STANDARDS FOR NONRESIDENTIAL LAND USES
For nonresidential portions of Area "A", permitted structures and facilities and
development standards shall be determined in conjunction with approval of the structure
or facility by the City. For San Juan Hills High School (Area "B"), setbacks, building _
3-5
WHISPERING HILLS ESTATES
COMPREHENSIVE DEVELOPMENT PLAN
heights, and other development standards are not regulated by this CDP, and shall
instead be determined by the Capistrano Unified School District and the State Architect.
3-6
4.' PROJECIAMPLEMiENTATION
4.1 PHASING
Phasing of development, roadways and utilities serving the residentia pertion of the
Planned Community shall be determined in conjunction with the approvai of VTTM.166''34.
The anticipated phasing of home construction in the residential portion is shown in Exhibit
4. However, this phasing plan ;s conceptual orriy and may not occur precisely as shown
on the Exhibit as development proceed%.
4.2 ZONING CONDITIONS
4.2.1 ADMINISTRATION OF ZONING CONDITIONS
1 he zoning condit,ons set gut ;-,erein are ,ricorporated into this CDP approval. Any
suJ division rnap app5cr; ;o,. filed r: Ti the C:iy crderutis CDP shall strictly conform to the
CDP plan and the zoning t�ond�i':.is sot oui •tr tl i:; 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.
The City Council may modify any of the conditions in this CDP without an amendment to
the CDP if it determines that sucl- modrfcadon is necessary to ensure appropriate timing
and design of required implerentation measures or to otherwise advance the Purpose
and Intent of the CDP (as set out in Chapter 1).
4.2.2 MITIGATION MEASURES FROM EIR
The mitigation measures identified in the Mitigation Monitoring Program for the
Environmental Impact Report (EIR) shall be irapc.3ed by the City Council. The Planning
Director may modify such mitigation measures or impose substitute mitigation measures
if the Director determines that such modifications or substitute measures are necessary
to ensure the feasibility of the mitigation measure and/or to achieve its purpose as
identified in the EIR.
4.2.3 BUFFER BETWEEN WEST CANYON AND HIDDEN MOUNTAIN ESTATES
A minimum 500 -foot wide 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 oroiect entry
shall be placed in this buffer area.
4-1
WHISPERING HILLS ESTATES COMPREHENSIVE DEVELOPMENT PLAN
4.3 DEVELOPMENT REVIEW PROCEDURES
All residential development within the Planned. Community, 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 for tentative
treet neaps, as set out in the applicable section(s) of the Land Use Code.
Residential building permits allowed in a given year shall be subject to the requirements
of Section 9-2.325 of the Land Use Code (Growth Management, except as otherwise
modified through adoption by the City Council of a Development Agreement for the
project.
4-2
4v
C7
C
1=1:1:II-3It«
ADDENDUM TO ENVIRONMENTAL IMPACT REPORT
(Dated June 2004, maintained separately because of bulk)