Ordinance Number 905ORDINANCE NO. 905
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FROM THE RS -
10,000 TO THE RSE-20,000 FOR CERTAIN PROPERTIES IN THE
CAPISTRANO ROYALE AND LAS CORRALES NEIGHBORHOODS
(CAPISTRANO ROYALE HOMEOWNERS ASSOCIATION) (REZONE 04-
08) (APN: 650-451-07 & 08; 650-452-01 to 03; 650-461-01 to 17; 650-471-
01 to 03; 650-972-02; and 666-071-02 to 04)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
Whereas, Capistrano Royale Homeowners Association (George Reiner,
President; 29761 Monarch Dr.; San Juan Capistrano, CA 92675) have requested approval
of a zoning map amendment to rezone properties located at 29522-29841 Monarch Drive
from the RS -10,000 to the RSE-20,000 Zone District, and those property owners located at
28072, and 28122 Camino La Ronda have requested approval of a zoning map
amendment to rezone from the RS -10,000 to the RSE-20,000 Zone District those parcels
located at 29522-29841 Monarch Drive, and at 28072, 28102, and 28122 Camino La
Ronda; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review and 9-2.315, Change of Zone District of the Land Use Code;
and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project is exempt pursuant to Section 15061(b)(3) which provides that "The activity is
covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA."In this case staff has determined that the
subject properties were historically zoned for equestrian residential use; that such use is
consistent with the General Plan; that the lots are of sufficient size to accommodate the
keeping of horses; and that the 2002 update of Title 9, Land Use Code, appears to have
inadvertently eliminated the equestrian uses on the subject properties. Therefore, staff has
determined this action to be a correction of the zoning ordinance, rather than a new project
under CEQA. The City will post a Notice of Exemption pursuant to Section 15061(d) of the
CEQA Guidelines which provides that "the notice shall not be filed with OPR orthe county
clerk [unless and] until the project has been approved"; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on March 22, 2005 pursuant to Title 9, Land Use Code, Section 9-2.335, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments; and,
Whereas, the City Council conducted a duly -noticed public hearing on April
19, 2005 pursuant to Title 9, Land Use Code, Section 9-2.335, City Council Policy 5, and
Planning Department Policy 510 to consider public testimony on the proposed project and
has considered all relevant public comments; and,
Whereas, the proposed project is consistent with the policies and objectives
of the San Juan Capistrano General Plan, specifically, the Land Use Element because it
would maintain the character of neighborhoods, and would ensure that new development is
compatible with the physical characteristics of its site, surrounding land uses, and available
public infrastructure; and,
Whereas, the proposed project is consistent with the General Plan Land Use
Element's "2.1, Low Density Residential" designation of the properties as provided by
Section 9-2.101, Consistency of Projects with the General Plan of Title 9, Land Use Code;
and,
Whereas, given the protection afforded by Section 9-3.515, Equestrian
standards and Section 9-2.323, Grading plan review, the proposed project will result in the
development of land uses suitable to the property's unique situation including any natural
and man-made constraints; and,
Whereas, the proposed zone change would be compatible with the existing
land uses and/or zoning classifications of adjoining properties or properties in the vicinity of
the property being rezoned which could potentially be affected by development.
SECTION 2. Amendment.
The Official Zoning Map of the City of San Juan Capistrano, CA 92675 is
hereby amended as provided by Exhibit "A" attached hereto and incorporated herein.
passage.
SECTION X. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION X. 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 of May, 2005.
ATTEST:
M ARET 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. 905 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 1 911 day of April 2005 and that thereafter, said Ordinance was duly adopted and passed
at the Regular Meeting of the City Council on the 5`h day of May 2005 by the following vote, to
wit:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, and Mayor Hart
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MENtERS: Swerdlin
Exhibit A
Rezone 04-08
Monarch Drive Equestrian Zoning
Monarch Drive Neighborhood
Camino La Ronda Neighborhood