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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. PC Resolution 18-04-24-02 6 April 24, 2018 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. PC Resolution 18-04-24-02 7 April 24, 2018 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