Ordinance Number 899ORDINANCE NO. 899
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING PREZONING FOR UNINCORPORATED
TERRITORY LOCATED ON THE WEST SIDE OF LA PATA AVENUE
APPROXIMATELY ONE MILE SOUTH OF ORTEGA HIGHWAY
(WHISPERING HILLS ESTATES — RZ 04-05)
WHEREAS, in July of 2004, the San Juan Capistrano City Council approved the
Whispering Hills Estates project, including a Planned Community Comprehensive
Development Plan and Vesting Tentative Tract Map 16634, a subdivision with 155
single family residential lots plus open space lots, and
WHEREAS, one of the conditions of approval of the preceding tentative tract
map requires annexation of the 32 -acre± strip of land between the present City
boundary and La Pata Avenue, and
WHEREAS, accordingly, Whispering Hills LLC, 19700 Fairchild Road, Suite 120,
Irvine, CA 92612, has filed an application with the City of San Juan Capistrano to add
the preceding strip of land to the City's Official Zoning Map as "PC" (Planned
Community), prior to annexation, this application having been designated Rezone (RZ)
04-05, and
WHEREAS, on September 28, 2004, the Planning Commission held a duly -
noticed public hearing on the preceding application and recommended approval, and
WHEREAS, the City staff and the City's consulting project manager have
prepared a detailed staff report on the application to the City Council, and
WHEREAS, on December 7, 2004, the City Council held a public hearing and
considered the proposed Prezoning and associated General Plan Amendment
application, the recommendation of the Planning Commission, 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) for the previous more intensive residential project and certified an
EIR Addendum on July 20, 2004 to update the earlier FEIR. The scope of the FEIR and
Addendum includes the present GPA, prezoning and annexation.
SECTION 1: Findings Regarding Environmental Review.
_ The City Council hereby finds that none of the conditions identified in CEQA
Guidelines Section 15162(a) requiring preparation of a subsequent EIR have occurred,
that all potentially significant effects of the Whispering Hills project and the present
01-05-2005
GPA, prezoning and annexation have been adequately analyzed, and that potentially
significant impacts have been avoided or mitigated pursuant to the earlier certified EIR.
Therefore, no new environmental documentation is required.
SECTION 2. Findings Regarding Prezoning.
The City council hereby finds that the "PC" zoning for the subject annexation
area will maintain consistency with the "Planned Community -Low Density Residential"
General Plan designation, in accordance with the Land Use Code's "Zoning
Consistency Matrix" (LUG Table 2-1), and with the adopted Comprehensive
Development Plan (CDP 04-01) land use regulations on the property. In addition, the
prezoning will allow annexation of the property to the City in accordance with the
approved Comprehensive Development Plan. Therefore, the prezoning is appropriate
and beneficial.
SECTION 3. Approval.
The City Council of the City of San Juan Capistrano, based on the preceding
findings, does hereby approve RZ 04-05, as shown on Exhibit A, attached hereto.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
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 5th day of January 2005.
ATTEST:
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01-05-2005
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. 899 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 7`h day of December 2004 and that thereafter, said Ordinance was duly adopted and
passed at the Special Meeting of the City Council on the 5'h day of January 2005 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, and Mayor Hart
NOES COUNCIL M MBERS: None
ABSENT: COUNCIL77S:a7l
R. MONAHAN, City Clerk
EXHIBIT A: WHISPERING HILLS PREZONING RZ 04-05
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