PC Resolution-18-04-24-02$77$&+0(17
PC RESOLUTION NO. 18-04-24-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT
THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM, APPROVE GENERAL PLAN AMENDMENT (GPA 16-001), TO
CHANGE THE LAND USE DESIGNATION FROM AGRl-BUSINESS TO SPECIFIC
PLAN/PRECISE PLAN; CONSIDER THE FARM SPECIFIC PLAN (SP 18-001; CODE
AMENDMENT 18-004); AND REFER THE SPECIFIC PLAN TO THE PLANNING
COMMISSION FOR FURTHER REFINEMENT AND REVIEW AND APPROVE A
DEVELOPMENT AGREEMENT (DA 18-001)
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"); and
Whereas, Vermeulen Ranch Center, 3435 Wilshire Boulevard , Suite 1195,
Los Angeles, is the owner of the Property; and,
Whereas, on September 20, 2016 the City Council of the City of San Juan
Capistrano initiated a General Plan Amendment for a proposed commercial and residential
development on the subject site consisting of approximately 40,000 square feet of
commercial uses on 5 acres and approximately 30 acres accommodating up to 180
residential dwelling units; and
Whereas, the Applicant modified its General Plan Amendment request to
eliminate the commercial component, and instead proposes a residential project with park
and trail amenities; and
Whereas, a draft Development Agreement between the City of San Juan
Capistrano and the Project applicant has been prepared to specify the standards and
conditions that would govern development of the property (DA 18-001 ); and
Whereas, the Project has been processed pursuant to Section 9-2.307,
General Plan Amendment 16-001 , and Section 9-2.309, Code Amendment 18-004, ofTitle
9, Land Use Code of the City of San Juan Capistrano to establish the land use policies and
zoning regulations for the project site, in the form of the proposed The Farm Specific Plan ;
and
Whereas, the Environmental Administrator reviewed the initial study
prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines, and has
overseen the preparation of a Mitigated Negative Declaration (MND) pursuant to Section
15070, et seq., of those guidelines; has provided notice of the intent to adopt a Mitigated
PC Resolution 18-04-24-02 2 April 24, 2018
Negative Declaration pursuant to Section 15072 of those guidelines, and has otherwise
complied with all applicable provisions of the California Environmental Quality Act (1970);
and,
Whereas, the Initial Study and the Mitigated Negative Declaration were
available for public review from March 6, 2018 to April 5, 2018; and
Whereas, the City received comments on the Mitigated Negative Declaration
from public agencies and interested parties during the public review period ; and
Whereas, the City has prepared responses to the comments received and
made minor revisions to the Initial Study I Mitigated Negative Declaration documentation,
which are embodied in the a Final Initial Study/ Mitigated Negative Declaration (the Final
IS/MND); and
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation including the
Final IS/MND; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on April 24, 2018 pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public
testimony on the proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings with respect to
the California Environmental Quality Act (CEQA) and the Mitigated Negative Declaration
(MND):
(1) Whereas, the Planning Commission has reviewed and considered the Final
IS/MND and the public testimony regarding the environmental review of the
Project; and
(2) Whereas, the Planning Commission finds on the basis of the evidence
presented and the whole record before it, including the Final IS/MND that
there is no substantial evidence that the proposed project, as mitigated, will
have a significant effect on the environment; and
(3) Whereas, the Planning Commission finds that the Mitigation Monitoring and
Reporting Program should be adopted with all mitigation measures made
enforceable as a regulatory requirement for the development of the Specific
Plan ; and
PC Resolution 18-04-24-02 3 April 24, 2018
(4) Whereas, the Planning Commission further finds that the recommendation of
adoption of the mitigated negative declaration reflects the Planning
Commission's independent judgment and analysis; and
(5) Whereas, the record of proceedings on which the Planning Commission's
decision is based is located at City Hall for the City of San Juan Capistrano,
located at 32400 Paseo Adelanto, San Juan Capistrano, California and the
custodian of record of proceedings is the Development Services Department
Administrative Specialist; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with respect to
General Plan Amendment (GPA 16-001) and Specific Plan (SP 18-001) (Code Amendment
(CA 18-004)):
(1) The proposed General Plan Amendment is internally consistent with all the
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.
(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 pattem 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
PC Resolution 18-04-24-02 4 April 24, 2018
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.
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 density of 5 units per acre 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.
PC Resolution 18-04-24-02 5 April 24, 2018
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
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 res idences 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 by the City 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. At this time,
the City lacks adequate funding to purchase the property should purchase of the
property be made available to the City. The permanent retention of the site for open
space would be 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.
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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 the existing residential,
commercial and public uses (schools and parks) adjacent to the site. More
specifically, the proposed residential density of approximately 5 units per acre and
proposed Single-Family -4,000 (RS-4000) District standards would be compatible
with the existing zoning and land use designations of nearby residential areas which
are comprised of Medium High Density (up to 8 units per gross acre) to the
northeast, east and southeast and Very Low, Low, Medium Low and Medium
Densities (1 to 5 units per gross acre) to the southwest, west and northwest of the
project site.
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's multi-use trail would connect the existing
residential communities north of the subject site with the public and private schools,
the San Juan Capistrano Community Center, Sports Park, and the Ecology Center,
which are all located south of the project site. In addition, residents from the subject
site can access existing bikeways and sidewalk and connect to the existing train
station, downtown and the beach. As part of the new internal roadways that would
be laid out at the time Subdivision and Development applications are proposed, the
project site could facilitate a possible bicycle path along Via Positiva which would
further enhance the network.
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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
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.
PC Resolution 18-04-24-02 8 April 24, 2018
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
with respect to the proposed Code Amendment 18-004 for The Farm Specific Plan:
1. The proposed Land Use Code amendment conforms with the goals and
policies of the General Plan for the reasons set forth in the preceding section
of this Resolution.
2. The proposed Land Use Code amendment is necessary to implement the
General Plan and to provide for public safety, convenience, and/or general
welfare because the Land Use designation of the subject site is proposed to
be changed to Specific Plan , the proposed amendment (the Specific Plan)
will implement the General Plan and provide for public safety, and general
welfare as articulated in the preceding section of this Resolution.
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code and is consistent with other applicable related provisions
thereof because the proposed amendment will implement the land use
regulations of the Single-Family-4,000 (RS-4,000) District. The purpose and
intent of the Single-Family-4,000 (RS-4,000) District is to provide for the
establishment and regulation of residential areas developed with single-
family detached dwellings, all on individual lots owned and maintained by
individual homeowners. Therefore, the Code Amendment (Specific Plan)
conforms with the intent of the Development Code.
4. The proposed Land Use Code amendment is reasonable and beneficial at
this time because as articulated in the preceding section of this resolution , ,
the subject site is vacant and the amendment will facilitate a residential
development compatible in density with other residential uses and
established zoning districts in the vicinity. The subject site is more suited for
a residential development, as the residential development will support
existing nearby commercial uses and the City's downtown.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
with respect to the proposed Development Agreement (DA 18-001 ) for the project:
1. The provisions of the proposed Development Agreement are consistent with
the General Plan , as amended by GPA 16-001 , and the proposed The Farm
Specific Plan (SP 18-001) because it establishes various provisions related
the performance of the applicant/developer in fulfilling obligations that enable
completion of the project as approved .
PC Resolution 18-04-24-02 9 April 24, 2018
2. The proposed Development Agreement includes the necessary and
appropriate provisions that convey additional public benefits to the City.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the
Planning Commission recommends that the City Council adopt a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program; approve General Plan
Amendment (GPA 16-001) as provided in Exhibit A , attached hereto and incorporated
herein; consider Specific Plan (SP 18-001) (Code Amendment (CA 18-004) as provided in
Exhibit 8, attached hereto and incorporated herein and refer the Specific Plan to the
Planning Commission for further refinement and review; and approve Development
Agreement (DA) 18-001 as provided in Exhibit C, attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 241h day of April 2018.
'A \~ I \\_, (_,,{,.
SergiOiOti,AiCP, Assistant Development Services
Director/Secretary