Ordinance Number 800ORDINANCE • :11
AMENDING CIuP .I ► / DFVET,OPMLENT PLAN :
MARBF11,A PLANNED COMMIMTY
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE "FAIRWAY RESIDENTIAL" (FR)
DISTRICT REGULATIONS OF THE MARBELLA COMPREHENSIVE
DEVELOPMENT PLAN (PACIFIC HERITAGE BUILDERS)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, Pacific Heritage Builders has submitted a request for an amendment
to the Marbella Comprehensive Development Plan to amend the "Fairway Residential" (FR)
District development standards, and more specifically, to amend the front yard setback standards
to allow a minimum ten -foot (10') setback for single -story, side -loaded garages; and,
WHEREAS, the project area affected by the proposed amendment consists of Tract
14181, a "Fairway Residential" District -designated portion of the Marbella Planned Community,
a 347 -acre residential development located along Rancho Viejo Road north of Ortega Highway;
and,
WHEREAS, the Environmental Administrator reviewed the project pursuant to
Section 15060 of the California Environmental Quality Act and determined that the project
qualifies for the issuance of a Class 5 categorical exemption, and has otherwise complied with all
applicable provisions of the California Environmental Quality Act; and,
WHEREAS, the Ordinance is consistent with the goals, policies and objectives of
the San Juan Capistrano General Plan and more specifically the Community Design Element's
"residential valley" area policies because the project will result in a combination of one- and two-
story structures; and,
WHEREAS, the Ordinance is consistent with the provisions of the "Fairway
Residential" and "Custom Fairway Residential" Districts of the Marbella Comprehensive
Development Plan (CDP 86-4); and,
WHEREAS, the Planning Commission conducted public hearings on July 22 and
August 12, 1997, and recommended that the City Council adopt this Ordinance based on findings
that the proposed Comprehensive Development amendment would be consistent with the General
Plan, the goals and objectives of the Marbella Comprehensive Development Plan, and the
objectives of the "Fairway Residential" District.
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SP
177
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Based upon the findings set forth in Section 1, preceding, the following
amendments to the Comprehensive Development Plan 86-4, Marbella Planned Community are
hereby enacted:
as follows:
"Section 5.3.4.5, "Fairway Residential District Regulations" are hereby amended
Minimum front yards 20 feet; provided that within Tract 14181,
attached, single -story, side -loaded garages
may be set back as indicated for the
following lots (per the precise grading plan):
Lot 02 - 10 feet
Lot 03 - 10 feet
Lot 04 - 15 feet
Lot 07 - 15 feet
Lot 22 - 12 feet
Lot 23 - 15 feet
Lot 24 - 15 feet
Lot 27 - 15 feet
This Ordinance shall take effect and be in force thirty (30) days after its passage.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be published once as required by law and posted at the duly designated posting places within
the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 16th day of
September , 1997.
ATTEST:
VID SW DON, MAYOlt-
-2-
SF
' 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. Roo which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on September z , 1997, and adopted at a
meeting held on September 16 , 1997, by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell
and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) 2:�&�
' CHERYL J06NSON, CITY CLERK
-3-
WE
179
EF.if,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO ) AND PUBLISHING
CHERYL JOHNSON, being first duly sworn, deposes and says:
That she is the duly appointed and qualified City Clerk of the City of San Juan
Capistrano;
That in compliance with State laws of the State of California, ORDINANCE NO.
800 being:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE "FAIRWAY RESIDENTIAL" (FR)
DISTRICT REGULATIONS OF THE MARBELLA COMPREHENSIVE
DEVELOPMENT PLAN (PACIFIC HERITAGE BUILDERS)
was published in the Capistrano Valley News newspaper on the 25th day of
September 1997, and in further compliance with City Resolution No. 83-12-20-3, on
September 18 , 1997, was caused to be posted in three (3) public places in the
City of San Juan Capistrano, to wit:
CHECK LIST
ORD. NO./M RES. NO.
Mayor has signed
Clerk has signed
City Seal stamped
All blanks typ
"Absent"
"Noes"
"Abstain"
Copies sent to
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library.
CHERYL JGMNSON,CITY CLERK
San Juan Capistrano, California
V Legal Publication ordered to be published
No. Printed copies re uireld o5-5
Remarks 6/ l �/z
ZZ/44&61