Loading...
Ordinance Number 1009 ORDINANCE NO. 1009 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP TO CHANGE THE ZONING DESIGNATION FOR THE NORTHERLY 10.24 ACRES OF A 20.25 ACRE SITE LOCATED AT 31000 AVENIDA SIEGA (ASSESSORS PARCEL NUMBERS: 664-041-09, & 10) (THE OAKS) FROM "OPEN SPACE RECREATION &(SINGLE-FAMILY-10,000)"TO"SINGLE-FAMILY-10,000" (REZONE 13-003) WHEREAS, Tim O'Grady of Davidson Communities Inc., 1302 Camino Del Mar, Del Mar, CA 92014, has requested approval of Tentative Tract Map (TTM) 17441, Rezone (RZ) 13-003, Architectural Control (AC) 13-003, Tree Removal Permit (TRP) 13- 052, Grading Plan Modification (GPM) 13-002, Conditional Use Permit(CUP) 13-006,Zone Variance (ZV) 13-002 (collectively, the "Project") to allow a 32-lot subdivision for single- family detached residential homes, and modifications to an existing commercial equestrian facility on a 20.25 acre project site on property located at 31000 Avenida Siega(APNs 664- 041-07, 08, 09, & 10) (the"Oaks Property"),which is General Plan-designated 2.2 Medium Low Density and 1.0 General Open Space and classified as Open Space Recreation(RS- 10,000) and Open Space Recreation on the Official Zoning Map; and, WHEREAS, the General Plan Land Use Element designates the northerly 10.24 acres of the Oaks Property as 2.2 Medium Low Density; and, WHEREAS, the Official Zoning Map currently designates the northerly 10.24 acres of the Oaks Property as "OSR(RS-10,000)," which indicates that this portion of the Oaks Property is simultaneously subject to development standards and use provisions of either the Open Space Recreation District or the RS-10,000 (Single Family Residential) district; and, WHEREAS, if approved, Rezone 13-003 would amend the Official Zoning Map to change the zoning designation for the northerly 10.24 acres of the Oaks Property to RS-10,000 (Single Family Residential); and, WHEREAS, the Project has been processed pursuant to 9-2.301 Development Review of the Land Use Code; and, WHEREAS, the Environmental Administrator has reviewed the initial study prepared pursuant to Sections 15063 and 15064 of the CEQA Guidelines; has issued a mitigated negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Mitigated Negative Declaration to be posted pursuant to Section 15072 of those guidelines; and has otherwise complied with all applicable provisions of the California Page 1 of 4 01009 Environmental Quality Act (1970); and all mitigation measures have been included in a Mitigation Monitoring and Reporting Program (MMRP); and, WHEREAS, the Planning Commission conducted a duly-noticed public hearing on January 14, 2014, pursuant to Tile 9, Land Use Code, Section 9-2.302 Notification Procedures to consider the environmental determination and documentation pursuant to Section 15074 of the California Environmental Quality Act, and to consider public testimony on the Project and considered all relevant public comments; and, WHEREAS, after careful study, the Planning Commission recommended adoption of the Mitigated Negative Declaration and recommended a conditional approval of the Project, subject to an additional condition that Planning Commission review is required of the final landscape plan for the Ortega Highway frontage; and, WHEREAS, the City Council conducted a duly-noticed public hearing on February 18, 2014, pursuant to Tile 9, Land Use Code, Section 9-2.302 Notification Procedures to consider the environmental determination and documentation pursuant to Section 15074 of the California Environmental Quality Act,and to consider public testimony on the Project and considered all relevant public comments; and, WHEREAS, after careful study, on February 18, 2014, the City Council adopted the Mitigated Negative Declaration (MND), subject the Mitigation Monitoring Program (MMP). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. With respect to Rezone 13-003, the City Council does hereby make the following findings as established by Section 9-2.315 of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed zone change is consistent with the General Plan Land Use Policy Map and applicable goals and policies, specifically the Land Use Element, because the proposed project would amend the Official Zoning map to be consistent with the General Plan land use designation of Medium Low Density; 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 because the RS- 10,000 zoning district is identified as consistent with the General Plan's Medium Low Density land use designation for the property; 3. The site of the proposed zone change is suitable for the land uses permitted within the proposed zone district because the site access, topography and surrounding Page 2 of 4 01009 land uses can accommodate and are compatible with single-family residential development with minimum 10,000 square foot lot sizes; U 4. The residential uses allowed by the proposed zone change are compatible with existing and planned uses on surrounding properties and the community in general because the project is adjacent to existing Medium Low Density residential development and because the project proponent is modifying the existing equestrian stable to be compatible with the proposed residential development; and, 5. The proposed zone change is reasonable and beneficial at this time because it would eliminate an inconsistency between the General Plan Land Use Policy Map and the Official Zoning Map and the proposed residential and equestrian development is consistent with current and/or adjoining uses on the property. SECTION 3. Ordinance Amendment. The Official Zoning Map of the City of San Juan Capistrano is hereby amended to change the zoning designation for the northerly 10.24 acres of the Oaks Property to RS-10,000(Single Family Residential), as depicted on the map attached hereto as Exhibit A and incorporated herein. SECTION 4. Severability. ' I If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is,for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this Ordinance are declared to be severable. SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 6. 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 Page 3 of 4 01009 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 ADOPT this 4th day of March 2014. M ALLEVATO, MAYOR ATTES MA IS, CI CLER Page 4 of 4 01009 Proposed Zoning • \~TSO /� GOS NOS RS-10,000 ORjEGP OSR 0 OSR _w 1n GOS a a RS-10,000 PC(CDP86-2) N m PC-Planned Community District 10 ORS-10,000-Single-Family-10,000 Oistrict - CPd p _ RA-ReslcentlallAgrlculture District OCP-Community Park District -OSR-Open Space Recreation District p - NOS-Natural Open Spam Owned GOJ ? _ GO$-General Open Spam i CM Project Location 0 350 700 1,400 Feet EXHIBITA STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) I, 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. 1009 which was regularly introduced and placed up its first reading at the Regular Meeting of the City Council on the 18'"day of February 2014, and that th�r after, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 4"d y of arch 2014, by the following vote, to wit: AYE COUNCIL he Byrnes, Kramer, Reeve,Allevato and Mayor Taylor NOEBS COUNCIL MEMBERS: None AT: COUNCIL- MBERS: None RI R18, CI RK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as 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 27"day of February 2014, 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 CIN OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP TO CHANGE THE ZONING DESIGNATION FOR THE NORTHERLY 10.24 ACRES OF A 20.25 ACRE SITE LOCATED AT 31000 AVN A SIEGA (ASSESSORS PARCEL NUMBERS: 664-041-09, & 10) ( E O KS) FROM "OPEN SPACE RECREATION &(SINGLE-FAMILY-1 ,0 O)'TO"SINGLE-FAMILY-10,000" (REZONE 13-003) This document was posted in the Office of the City Cie MART S, ITY CL K Sah Ju C pi no, Calillnia STATE OF CALIFORNIA ) COUNTY OF ORANGE I as 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 01009 compliance with State laws, Government Code section 36933(1) of the State of California. On the 5"day of March 2014, 1 caused to be posted a certified copy of Ordinance No. 1009, adopted by the City Council on March 5, 2014, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP TO CHANGE THE ZONING DESIGNATION FOR THE NORTXSI CRES OF A 20.25 ACRE SITE LOCATED AT 31000 AV (ASSESSORS PARCEL NUMBERS: 664-041-09, & 10) FROM "OPEN SPACE RECREATION &(SINGLE-FAMIL "SINGLE-FAMILY-10,000" (REZONE 13-003)This document was posted in the Office of the Ci , CITano, C lifornia 01009