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Ordinance Number 986AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 10-003 INCORPORATING THE SUBJECT PROPERTY INTO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01 FORSTER CANYON, ESTABLISHING AN "HE" (HILLSIDE ESTATE) ZONING DISTRICT AND SETTING FORTH PERMITTED USES AND DEVELOPMENT STANDARDS FOR AN EXISTING VACANT 0.60 ACRE PARCEL LOCATED ADJACENT TO THE WEST SIDE OF AVENIDA CALIFORNIA AND EAST OF INTERSTATE 1-5 (ASSESSORS PARCEL NUMBER: 675-08'1-11) (DARMAL) Whereas, applicant and property owner Arsalan Darmal has requested approval of rezone and grading plan modification applications incorporating the subject property into Comprehensive Development Plan (CDP) 81-01, Forster Canyon Planned Community, establishing an "HE" (Hillside estate) Zone District and allowing grading for the development of a single-family residence on a vacant irregular shaped 0.60 acre parcel located adjacent to the west side of Avenida California and east of Interstate 1-5 further described as Assessor Parcel Number 675-081-11; and, Whereas, the proposed rezone is consistent with the "Planned Community" General Plan Land Use designation and the "PC" (Planned Community) zoning district subject to Comprehensive Development Plan (CDP) 81-01 Forster Canyon; and, Whereas, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and the City's Environmental Administrator has determined that the project is categorically exempt (Class 3) from further review pursuant to Section 15303 (New Construction or Conversion of Small Structures); and, Whereas, the Planning Commission conducted duly -noticed public hearings on February 8, 2011,February 22, 2011 and March 22, 2011 pursuant to Title 9, Land Use Code, Section 9-2.302, and City Council Resolution No. 07-09-04-01 and considered all public oral and written communications. Whereas, on April 8, 2011 the Planning Commission adopted a resolution with findings recommending the City Council deny Rezone (RZ) 10-003 and Grading Plan Modification (GPM) 10-008 and further recommended if the City Council considers approval of the rezone that the grading plan modification be referred back to the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS - REZONE (RZ) 10-003 The proposed zone change is consistent with the General Plan land use map and applicable goals and policies. The proposed rezone is consistent with the General Plan designation of "Planned Community" as the project is compatible with the existing development and land use entitlement in the 391.6 acre CDP. 2. The proposed zone change is consistent with the Land use code, including Article 1 General Plan Review and Table 2-1, Zoning consistency Matrix. The proposed rezone is consistent with the Zoning Consistency Matrix as all zones are listed as consistent with the Planned Community designation subject to a CDP. The rezone is consistent with all provisions in existing CDP 81-01 Forster Canyon as 77% of the CDP calls for residential uses including 28% Very Low Density Residential. 3. The site of the proposed zone change is suitable for any of the land uses permitted within the proposed zone district. The site of the rezone is suitable for the proposed single-family residence as it is adjacent to other low density residential uses, the building pad is relatively flat and the residence will be cut into the slope to screen views from properties in the vicinity. 4. . The uses allowed by the proposed zone change are compatible with the existing and planned uses on surrounding properties and the community in general. The proposed rezone is compatible with existing residential uses and approved residential entitlements and would not negatively impact properties in the vicinity. The proposed HE (Hillside Estate) zone district only allows residences, accessory residential uses and open space. 5. The proposed zone change is reasonable and beneficial at this time. The proposed rezone is reasonable as it is consistent with the existing CDP 81-01 and the proposed "HE" (Hillside Estate) zone is consistent with the Very Low Residential designation. The only proposed permitted uses in the HE zone are a residence, accessory residential uses and open space. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San ,Juan Capistrano approves Rezone (RZ) 10-003, as provided by Exhibit "A" attached hereto and incorporated herein; and the subject property is incorporated into Comprehensive Development Plan (CDP) 81-1, Forster Canyon Planned Community. 2 0986 SECTION 2. VALIDITY OF ORDINANCE If any part of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this ordinance is such invalid portion thereof had been deleted. passage. SECTION 3. EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after its SECTION 4. CITY CLERKS 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 requires 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 17�h day of May, 2011 by the following vote, to wit: ATTEST: MARIA MO M F , CITY CLERK sSAM ALLEVA O, MAYOR 3 0 986 STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, 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. 986 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 3rd day of May 2011 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 17th day of May 2011 by the following vote, to wit: AYES: COUNCIL MEMBERS: Reeve, Taylor and Mayor Allevato NOES COUNCIL MEMBERS: Freese and Mayor pro tem Kramer ABSENT: COU CIL -EMBERS: None MARIA MOR PS, CI CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Cleric of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 4tn day of May 2011, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 10-003 INCORPORATING THE SUBJECT PROPERTY INTO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01 FORSTER CANYON, ESTABLISHING AN "HE" (HILLSIDE ESTATE) ZONING DISTRICT AND SETTING FORTH PERMITTED USES AND DEVELOPMENT STANDARDS FOR AN EXISTING VACANT 0.60 ACRE PARCEL LOCATED ADJACENT TO THE WEST SIDE OF AVENIDA CALIFORNIA AND EAST OF INTERSTATE 1-5 (ASSESSORS PARCEL NUMBER: 675-081-11) (DARMAL) This document was posted in the Office of the Pity Clerk MARIA MORRIS,, CITY)CLERK San Juan Capistrano, California 4 0 986 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO � I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 20th day of May 2011 1 caused to be posted a certified copy of Ordinance No. 986, adopted by the City Council on May '17th, 2011 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 10-003 INCORPORATING THE SUBJECT PROPERTY INTO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01 FORSTER CANYON, ESTABLISHING AN "HE" (HILLSIDE ESTATE) ZONING DISTRICT AND SETTING FORTH PERMITTED USES AND DEVELOPMENT STANDARDS FOR AN EXISTING VACANT 0.60 ACRE PARCEL LOCATED ADJACENT TO THE WEST SIDE OF AVENIDA CALIFORNIA AND EAST OF INTERSTATE 1-5 (ASSESSORS PARCEL NUMBER: 675-081-11) (DARMAL) This document was posted in the Office of th -Ci y Clerk MARI MORRIS, C114TYtLE K San Juan Capistrano, California 5 0986 EXHIBIT A Exhibit A (continued) Amending the following table to include the proposed "HE" (Hillside Estate) Zone District: TABLE 2, DEVELOPMENT DISTRICT STATISTICAL SUMMARY Parcel No. District Designation Acres DU's Density 1 Mesa Residential (MR) 43.8 196 4.5 2a Village Residential Mesa (VRM) 14.3 79 5.5 11 Recreation Open Space (ROS) 36.5 0 0 12 Public/institutional (PI) 5,5 0 0 13 Senior Housing 5.5 165 30.0 Mone General Open Space (GOS) Mesa Subtotal 30.0 134.6 n.a. 440 n.a. 2 Vista Residential (VIR) 32.2 114 3.3 3 Garden Residential (GR) 10:5 54 5.1 4 Valley Residential (VAR) 34.1 104 3.0 5 Gauntry residential (CR) 7.3 77 10.5 6 Estate Residential (EES) 12.7 23 1.8 6a Hillside Estate Residential (HE} 0.66 1 0_1 7 Research & Development Office (ESD) 15.0 n,a. n.a. 8 Harbor Vista Residential (HVR) 14.7 46 4.4 9110 Publicllnstitutionai (PI) 9.13 n.a. n.a. none Recreation Open Space (ROS) 19.4 n.a. rr.a. none General Open Space (GOS) 101.3 n.a. ri.a. Pacifica San Juan Subtotal 2Z7 9 257.6 4178" PROJECT TOTAL 391: 392.4 8578 2;2 �In accordance with City Council Resolution No, 03-09-16-06 for Pacifica San Juan the�ro�eot will have no more than 416 dwelling units. Tie 44rapQsed+4# +nite awe -tides twn lets the are 6pesed-l' In the event the Public Works Department acquires two "ER" zoned lots for the development of a water reservoir, then two lots son4944a-may be redesigned within the other residential ce4a4--dlstrictsrood the total number of dwelling units in Pacifica San Juan shall not exceed 416. K EXHIBIT A (continued) The followingproposed text to amend the Forster Canyon Comprehensive Development Plan (CDP) to create a new district to be added to Section V., D, 4, c in the existing Forster Canyon Planned Community (CDP 81-01). Comprehensive Development Plan (CDP). Designation: Section V.,D,4,c Regulations applicable to the (HE) — Hillside Estate Residential District a) Purpose and intent: land designated for this type of residential use is intended for the development of a single-family detached home on an irregular shaped hillside lot. The Hillside Estate Residential district provides regulations to establish the framework for developing a low-density detached custom home designed in close harmony with the site and surrounding area and that is located to maximize views and respond to site opportunities and constraints. b) Principal Uses and Structures Permitted: 1. Single family residence, detached (final approval shall be by the Design Review Committee (DRC). 2. Open Space c) Accessory Uses and Structures Permitted 1. Home occupations in compliance with the regulations provided in the Municipal Code. 2. The keeping of pets of a type readily classified as being customarily incidental and accessory to a permitted principal residential use when no commercial activity is involved. The keeping of wild, exotic, or non- domestic animals is prohibited. 3. Horticulture of all types, unlighted and unenclosed by buildings or structures (non-commercial). 4. Accessory uses and structures customarily associated with and incidental to the operation of a permitted use. 3 d) Lot Development Stan dards: Note: All setbacks to be measured from property line. Street setbacks shall be measured from the ultimate right-of-way line. 1. Minimum Setbacks: Front: Side: Rear: To Accessory Bldg: Average 10 feet from front property line but in no case less than 5 feet. One-story (maximum height of 10 feet); 5 feet Two-story (maximum height over 10 feet); 10 feet 5 feet 6 feet 2. Projections: Maximum .projection into setback: Chimney: 30 inches Stairs: 36 inches Eaves: 36 inches 3. Maximum Height: Two -stories, not to exceed 35 feet Wall plane height shall be as per the Municipal Code Basements or floors exposed only on the downhill rear side of the lot shall not count as a story 4. Accessary Buildings: Setback from exterior lot line: 10 feet Setback from an interior lot line: 5 feet Maximum height of structure: 20 feet. 4