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Resolution Number 18-05-15-02L� RESOLUTION NO. 18-05-15-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT (GPA 16-001) TO CHANGE THE LAND USE DESIGNATION FOR A 35 -ACRE SITE LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 121-182-17 AND 121-182-53) FROM AGRI-BUSINESS TO SPECIFIC PLAN/PRECISE PLAN (SPIEKER SENIOR DEVELOPMENT) WHEREAS, Spieker Senior Development, P.O. Box 160, San Juan Capistrano, CA 92693 (the "Applicant"), has requested approval of The Farm Specific Plan Residential Community consisting of up to 180 single-family residential units on a 35 acre site located at 32382 Del Obispo Street, also known as Assessor's Parcel Numbers 121- 182-17 and 121-182-53 (hereafter, the "Property"); WHEREAS, Virginia Germann, Successor Trustee of the C. and I. Vermeulen Revocable Trust Dated May 14, 1990, 772 Town and Country Road, Orange, CA 92868 and Vermeulen Ranch Center LLC, P.O. Box 160, San Juan Capistrano, CA 92693, (collectively the "Property Owners") are the owners of the Property; WHEREAS, the Applicant seeks to develop a residential project of up to 180 single-family residential units with park and trail amenities on the Property, which requires this General Plan Amendment 16-001 and the adoption of Specific Plan 18-001 (Code Amendment 18-004). The Property Owners also propose Development Agreement 18-001 (hereafter the General Plan Amendment, Specific Plan, and Development Agreement are collectively referred to as the "Project"), WHEREAS, the Property is currently designated for "Agri -Business" in the Land Use Map of the City's General Plan and would need to be changed to "Specific Plan / Precise Plan" to accommodate the Project; WHEREAS, California Government Code Section 65358 authorizes the City Council to amend the City's General Plan; WHEREAS, the Planning Commission considered the Project at a duly noticed public hearing on April 24, 2018, pursuant to Title 9, Land Use Code, Section 9- 2.302, and thereafter recommended that the City Council, among other things, approve the requested General Plan Amendment 16-001; WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared to analyze the environmental impacts of the Project (State Clearinghouse No. 2018031031); 5/15/2018 WHEREAS, the City Council considered the Initial Study and Mitigated Negative Declaration, and adopted Resolution No. 18 -05 -15 -XX, adopting a Mitigated Negative Declaration for the Project, and adopting a Mitigation Monitoring and Reporting Program-, WHEREAS, the City Council considered the Project, including the Final IS/MND, at a duly noticed public hearing on May 15, 2018, at which time it considered all evidence in the record, including public testimony. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano that: 1. The proposed General Plan Amendment is internally consistent with all other sections of the Land Use Element and also with all other Elements of the General Plan. This amendment would designate the subject site "Specific Plan/Precise Plan" which is one of the 28 Land Use Designations of the Land Use Element designed to provide for areas governed by a specific plan or precise plan. This amendment would allow for the adoption of the accompanying "The Farm Specific Plan" for a residential community consisting of up to 180 single-family residential units, with a park and multi -use trail. 2. The proposed General Plan Amendment is consistent with the overall goals and policies of the General Plan because it establishes a land use designation governed by a specific plan, and the proposed land uses, development standards and design elements of that Specific Plan (SP 18-001) are consistent with the following goals and policies of the General Plan including: Land Use Element Land Use Goal 1: Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities. Changing the designation of the site to Specific Plan to accommodate residential development that can accommodate up to 180 units would allow residents of a future development to contribute to an increase in retail sales revenue and related City sales tax receipts at local dining, shopping and tourist -oriented venues. This increase in sales tax revenue would allow for the City to maintain and improve public services and facilities within the City. Furthermore, the General Plan recognizes that the City has an oversupply of commercial uses serving the local community. The General Plan states that some of the centers are underutilized due to "the small local population", and that many are not well maintained, which has a negative visual impact on the community. Future residents of the new development would help to facilitate Land Use Goal 1. 2 5/15/2018 Policy 1.1: Encourage a land use composition in San Juan Capistrano that provides a balance or surplus between the generation of public revenues and the cost of providing public facilities and services. The proposed project would contribute to the project's fair share of public facility and utility costs through payment of Development Impact Fees. Additionally, property taxes generated as a result of project implementation would go to the City's General Fund, from which the City utilizes revenue to fund public services and utilities. Furthermore, the accompanying Development Agreement assures that the maintenance of the proposed 0.5 acre public park and trail will be maintained by the future Home Owners Association (HOA). This will benefit the public as the maintenance costs of the public amenities will be covered by the developer and/or HOA. GOAL 2: Control and direct future growth within the City to preserve the rural village -like character of the community. The proposed project would develop the site with single-family residential uses that would be developed at a maximum of 180 dwelling units with a minimum lot size of 4,000 square feet and would be a maximum of two stories in height. Residences proposed as part of the project would be consistent with the density and nature of residential uses adjacent to and nearby the site. The project would also include a multi -use trail (i.e., pedestrian, bicycling, and equestrian uses) that would connect Del Obispo Street to Via Positiva. The provision of the multi -use trail would encourage bicycle, equestrian, and pedestrian uses, avoiding transportation by automobile, and serve to preserve a more rural character on the site. Policy 2.1: Continue controlling growth through the implementation of the City's residential growth management program. The project -related increase in population would represent less than 2 percent of the City's existing and projected population through the year 2040. New development facilitated as a result of project approval would be required to comply with the City's Residential Growth Management Program (1976). Specifically, new building permits issued following the approval of Subdivision and Development applications would be reviewed by City staff for consistency with the growth program, which currently limits new residential building permits to 400 per year. Therefore, the proposal would be consistent with said policy. Policy 2.2: Assure that new development is consistent and compatible with the existing character of the City. The project would allow for the development of a residential community that would be consistent in use and character with surrounding development, including 3 5/15/2018 surrounding residential uses. The proposed Specific Plan would also include design guidelines that would ensure consistency in visual character between the proposed project and surrounding development. For example, the proposed residences would be developed in the Classic California Spanish architectural style to ensure consistency with the City's landmark architectural heritage. GOAL 3: Distribute additional population within the City based on risk factors. The project site is located within a valley area and is not located within a high-risk fire, geologic, or flooding area. The General Plan recognizes that future densities of population could be allocated to the valley areas of the City outside of the floodplain. Policy 3.1: Confine higher density land uses to the valley areas outside of the floodplain. The proposed project would allow for the development of single-family residential uses with a medium density. The project site is located within FEMA Flood Zone X, which is an area determined to be outside of the 0.2 percent annual chance (500 - year) floodplain. As such, the project would not develop the site with high-density land uses in areas prone to flooding. GOAL 4: Preserve major areas of open space and natural features. The project site has previously been considered for purchase and permanent retention as open space or agriculture and was twice eliminated from further consideration during the City's evaluation process associated with the passage of general obligation bonds for the purchase of open space. The permanent retention of the site for open space was in conflict with the surrounding development and with the City's goals for orderly and balanced land use development as buildout occurs, including the City's General Plan Land Use Element Policy 7.2, which encourages new development to be compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. Furthermore, the project site is not designated or considered open space. Therefore, the proposed project would be consistent with Goal 4 of the Land Use Element. Policy 7.2: Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. The proposed Specific Plan includes development standards and design guidelines, which would ensure that new development on the site would be cohesive with existing surrounding development. Additionally, the development of single-family residential uses on the site would be consistent with existing residential uses adjacent to and nearby the site. 4 5/15/2018 n Circulation Element GOAL 1: Provide a system of roadways that meets the needs of the community. The proposed Specific Plan includes an internal roadway that would connect driveways off Del Obispo Street and Via Positiva to ensure adequate connectivity between other internal project roadways and the surrounding arterial system. New internal roadways included as part of the Specific Plan would be laid out at the time Subdivision and Development applications are proposed. Furthermore, a traffic impact analysis, which is part of the Mitigated Negative Declaration finds that the project would result in less than significant impacts on the local roadway system, and no mitigation would be required. Therefore, the proposed project would be consistent with Goal 1 of the Circulation Element. GOAL 3: Provide an extensive public bicycle, pedestrian, and equestrian trails network. Implementation of the proposed project would allow for a network of lighted pedestrian walkways and a multi -use trail that would support pedestrian, equestrian, and bicycle users. The proposed project multi -use trail would connect the proposed residential community with local public recreation amenities, including the existing Ecology Center off Alipaz Street. Housing Element Policy 2.1: Consistent with the Land Use Element, encourage the construction of a variety of housing types and sizes of housing throughout the community. The proposed project would allow for the development of a medium -density residential community on the project site, which would serve to add to the variety of housing types available throughout the City. Conservation and Open Space Element GOAL 5: Shape and guide development in order to achieve efficient growth and maintain community scale and identity. The proposed project would allow for the development of up to 180 single-family residential units on the project site that would accommodate population growth in the City. All residences developed on the site would be developed in a manner that would be consistent with the character and scale of existing development surrounding the site, be constructed in the Classic California Spanish architectural style, and be consistent with the development standards and design guidelines in 5 5/15/2018 the proposed Specific Plan. Furthermore, future development applications will be subject to the City's Architectural Control (AC) procedures involving extensive review of proposals by the City's Design Review Committee followed by the Planning Commission to ensure future development proposals meet Goal 5. Public Services and Utilities Element GOAL 6: Provide sufficient levels of water and sewer service. The City's Urban Water Management Plan (UWMP) indicates that there are sufficient water resources to meet full service demands through the year 2040. Specifically, the project -related demand for water would represent an incremental increase in water demand through the year 2040 (1.2 percent of current and projected water supplies through the year 2040. Additionally, wastewater generated as a result of project implementation would represent 0.7 percent of the remaining treatment capacity of the J.B. Latham Wastewater Treatment Plant. Therefore, the proposed project would be consistent with Goal 6 of the Public Services and Utilities Element GOAL 7: Work effectively with providers of natural gas, electricity, telephone, cable television and solid waste disposal to provide sufficient levels of these services. The proposed project would be served by existing natural gas, electricity, telephone, cable, and solid waste facilities. Therefore, the proposed project would be consistent with Goal 7 of the Public Services and Utilities Element. 3. The San Juan Capistrano General Plan is hereby amended by redesignating that certain real property located at 32382 Del Obispo Street, also known as Assessor's Parcel Numbers 121-182-17 and 121-182-53, from Agri -Business to Specific Plan / Precise Plan, as shown on the map attached hereto as Exhibit A. 4. The proposed Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.) (collectively, "CEQA"). An Initial Study and Mitigated Negative Declaration were prepared and adopted, along with a Mitigation Monitoring and Reporting Program, for the Project, as fully set forth in Resolution No. 18-05-15-01, adopted by the City Council on May 15, 2018. That Resolution is incorporated herein by reference, and made a part hereof as if fully set forth herein. 5. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and the Clerk's certification to be entered into the Book of Resolutions for the City Council. 6 5/15/2018 11 PASSED, APPROVED AND ADOPTED this 15th day of May 2018. L STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. COUNTY OF SAN JUAN CAPISTRANO) O FARIAS, MAYOR I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 18-05-15-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 151h dpy of May 2018, by the following vote: ANS: COUNCIL MEMBERS NOUNCIL MEMBERS A B S E T: OUNCIL MEMBERS , amity Clerk 1 Ferguson, Reeve, Maryott and Mayor Farias None Patterson FA 5/15/2018 171 7, L—: Exhibit A _ 10 GENFRAL OPEN SPACE - I 1 OPEN SPACE RECREATION 12 NDZ-4 ERH0CV SARK 13 COMbUNRY PARK ® 14 SPECIA.Y PARK - IS REGIONAL PARK - 1 C NATURAL OPEN SMCE - 1 7 RECREATION COMMERICAL 0 2.0 'aERY L(Y& DENSITY � 2.1. LGN. OEN9ITY - 2 2 MEDIUM L00i JE'NlsiTY 2.1 MEDIUMDENSIIY _ 2 4 MEDIUM NIGH DENSITY _ 2.6. HIGH DENSITY 2 6 AFF(IRTA@LE FAM Y`iSENK-jR HOIISWx, 10 NE1,3H6ERHOM COMMERCIAL _ ; 1 GENERAL CLWMERCIAL =40 INDUSTRIAL PARK =41 OLARSL INDUSTMAL =42 AGRI-aUSINESS M 4 T LIGHT IN(HJSTRIAL =44 OFFTCEORESEAR H PARK - 50 PUBLIC Il INSTITUTIONAL - 5 1 IDUSTING P'LMLIC SCf+00LS - S 1 ASSISHEI L:AIE FACILIi1ES SPECIAL STUDY - PLAWIFI) COMMUNITY - SPKIFIC PLANOMECISE PLAN