PC Resolution-19-02-26-01PC RESOLUTION NO. 19-02-26-01
GENERAL PLAN AMENDMENT (GPA} 17-002
REZONE CRZl 17-001
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) 17-002
AND REZONE (RZ) 17-001, PROTEA MEMORY CARE FACILITY, ASSOCIATED WITH
THE DEVELOPMENT OF A 35,876 SQUARE FOOT STRUCTURE, LANDSCAPING,
GRADING, AND SIGNAGE, AT 31451, 31531, & A PORTION OF 31501 AVENIDA LOS
CERRITOS (APN 650-151-14, 650-151-15, & 1.4 ACRE PORTION OF 650-151-24)
(APPLICANT: PROTEA SENIOR LIVING, SJC, LLC)
Whereas, Protea Senior Living, SJC, LLC, 18 Ventana Ridge Drive, Aliso
Viejo, CA 92656 (the "Applicant"), has requested approval of Architectural Control (AC)
18-014, Sign Permit (SP) 18-050, Grading Plan Modification (GPM) 18-004, Conditional
Use Permit (CUP) 18-005, Tree Removal Permit (TRP) 18-029, and Lot Line Adjustment
(LLA) 18-002, General Plan Amendment (GPA) 17-002, & Rezone (RZ) 17-001 to
develop of a 35,876 square foot memory care facility, with landscaping, grading, and
signage, at 31451, 31531, & a portion of 31501 Avenida Los Cerritos, which is General
Plan-designated Office/Research Park and Office Commercial District on the Official
Zoning Map (the "Project"); and,
Whereas, South Coast Christian Assembly, 31501 Avenida Los Cerritos,
San Juan Capistrano, CA 92675 is the owner of the property as listed above; and,
Whereas, on February 20, 2018 the City Council of the City of San Juan
Capistrano initiated a General Plan Amendment for a proposed memory care facility on
the subject site consisting of approximately 2.06 acres with two single family residents
and a vacant lot; and,
Whereas, the project has been processed pursuant to Section 9-2.307,
General Plan Amendment 17-002, and Section 9-2.315, Zone Change, Rezone, 17-001,
of Title 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 Protea
Memory Care Facility; 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
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,
PC Resolution 19-02-26-01 2 February 26. 2019
Whereas, the Initial Study and the Mitigated Negative Declaration were
available for public review from January 24, 2019 to February 13, 2019; and,
Whereas, the City received two 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 15074 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 February 26, 2019 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. The Planning Commission has reviewed and considered the Final
IS/MND and the public testimony regarding the environmental review of the Project; and
2. 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
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.
PC Resolution 19-02-26-01 3 February 26. 2019
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 17-002):
1. The proposed General Plan Amendment is internally consistent with the
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 "Assisted Care Facilities" which
is one of the 29 Land Use Designations of the Land Use Element designed to provide for
areas limited special public/institutional facilities that provide specialized care for seniors
and persons requiring special medical housing. This amendment would allow for the
adoption of the accompanying Rezone to Public & Institutional zoning district for a
memory care development.
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 the Assisted Care Facilities, and the proposed land uses, development
standards and design elements of the Public & Institutional zoning district 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 Assisted Care Facility to
accommodate a memory care development that can accommodate up to 72 beds would
provide residents who need specialized care a facility with medical housing. Additionally,
the change would contribute to an increase in property taxes, due to the improvement of
vacant and underutilized properties. This increase in property tax revenue would assist
the City to maintain and improve public services and facilities. Property improvement and
development of a new memory care facility 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.
GOAL 2: Control and direct future growth within the City to preserve the
rural village-like character of the community.
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The proposed project would develop the site with a memory care facility at
a maximum density of 0.40: 1 and at a maximum height of two stories. The facility
proposed as part of the project would be consistent with the density and nature of Office,
and Public & Institutional uses adjacent to the site.
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 memory care facility that
would be consistent in use and character with surrounding development, including
surrounding office and public & institutional uses. The proposed development plan
includes a Spanish influence design that ensures consistency in visual character between
the proposed project and surrounding developments. The proposed architectural style is
consistent with the City's landmark architectural heritage containing significant amounts
of Spanish and Spanish influenced architecture, including the San Juan Capistrano
Mission and Basilica.
GOAL 3: Distribute additional population within the City based on risk
factors. Policy 3. 1: Confine higher density land uses to the valley areas outside of the
floodplain.
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.
GOAL 4: Preserve major areas of open space and natural features.
The project site is not designated or considered open space, and does not
include any natural features, having been developed around by residences, office, and
institutional uses. 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 memory care facility includes design elements which
preserve the physical characteristics of the site, by using the existing topography to create
a two story building, while appearing to be a single story from the front elevation, and
therefore remaining compatible with the single story office building to the south, as well
as the two-story church to the north. Additionally, the development of a memory care use
on the site would be consistent with the existing office and institutional uses (church and
preschools) adjacent to the site. More specifically, the proposed memory care facility of
a 0.40:1 density would be compatible with the existing nearby zoning and land use
designations of Public & Institutional to the north, Office/Research Park to the east, and
Planned Community for an office use, to the south.
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Circulation Element
GOAL 1: Provide a system of roadways that meets the needs of the
community.
The proposed site for the memory care facility is accessed from Avenida
Los Cerritos, a private street which has no outlet. The intersection of Avenida Los Cerritos
and Rancho Viejo Road is signalized, and is used by the two office developments to the
south, the office development park to the east, and the church and preschool use to the
north. Furthermore, as a part of the environmental review, the Initial Study considered
the project's potential impacts to traffic and circulation (Initial Study provided as Enclosure
2). The Initial Study references the Institute of Transportation Engineers' Trip Generation
Manual, and identifies that a 72-bed assisted living facility would generate 2.06 trips per
unit or 122 average daily trips. The City's Traffic Engineer and Environmental Consultant
have determined that this trip generation would have no impact on the traffic on both local
and regional circulation systems. Therefore, the proposed project would be consistent
with Goal 1 of the Circulation Element.
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 a 72-bed memory
care facility on the project site. The proposed building on the site would be developed in
a manner that would be consistent with the character and scale of existing developments
surrounding the site, be constructed in the Spanish influenced architectural style, and
consistent with the development standards and design guidelines for Assisted Care
Facilities land use designations and Public & Institutional zoning.
Public Services and Utilities Element
GOAL 6: Provide sufficient levels of water and sewer service.
As a part of the environmental review, the Initial Study considered the
project's impacts to utility services, and referenced the City's Urban Water Management
Plan (UWMP), which 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.
Additionally, wastewater generated as a result of project implementation would represent
0.3 percent of the remaining treatment capacity of the J.B. Latham Wastewater Treatment
Plant. Therefore, the proposed project would be consistent with Goal 6.
GOAL 7: Work effectively with providers of natural gas, electricity,
telephone, cable television and solid waste disposal to provide sufficient levels of these
services.
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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.
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 Rezone 17-001:
1. The rezoning of the 2.06 acre site is proposed to occur concurrently with
a change to the General Plan Land Use Map (GPA 17-002) to change the land use
designation from 4.4 Office/Research Park to 5.3 Assisted Care Facilities. If the proposed
General Plan amendment is approved, the proposed zone change (RZ 17-001) from
Office Commercial to Public & Institutional would be consistent with the amended General
Plan Land Use Map.
Land Use Goal 2 of the General Plan directs the City to "control and direct future growth
within the City to preserve the rural village like character of the community". Supporting
Policy 2.2 further states that the City will "assure that new development is consistent and
compatible with the existing character of the City". The proposed development would
utilize a portion of a vacant lot, and two lots which are currently developed with single
family residential structures. The sites with the residential structures were rezoned to
office, but never developed for office use. Rezoning the 2.06-acre site ensures that the
City will have additional assisted care facilities and institutional development capacity
while preserving the City's rural village like character, because the project proposes to fill
in a vacant site with construction that will be similar in architecture and development
standards with the surrounding existing developments.
Land Use Policy 7.2 of the General Plan states that the City will "ensure that new
development is compatible with the physical characteristics of its site, surrounding land
uses, and available public infrastructure". The proposed memory care facility is
surrounded by office parks and institutional uses (church with a preschool) which are
compatible with the proposed Assisted Care Facility General Land Use Designation and
Public & Institutional zone.
2. The proposed Public & Institutional zone is consistent with the proposed
General Plan Land Use designation (5.3 Assisted Care Facilities), as shown in Municipal
Code Section 9-2.105, Table 2-1, Zoning Consistency Matrix, because the rezoning of
the proposed memory care facility site is proposed to be rezoned concurrently with a
change to the General Plan Land Use Map (GPA 17-002) from 4.4 Office/Research Park
to 5.3 Assisted Care Facility. Public & Institutional zoning is consistent with the Assisted
Care Facilities General Plan Land Use designation.
3. The land uses permitted by right in the Public & Institutional zone include
a range of institutional uses, as well as public buildings and facilities. The size (2.06 acres)
and location of the site can accommodate any of the permitted land uses given existing
development standards, an allowance of up to 0.40 floor area ratio, easy access via
Avenida Los Cerritos, and availability of supporting infrastructure. The general area
PC Resolution 19-02-26-01 7 February 26, 2019
surrounding the site consists of office and institutional uses. These surrounding uses are
of an intensity and activity level similar to those associated with a memory care facility;
thus, the proposed Zone Change is compatible with the permitted land uses in the
proposed Public & institutional zone.
4. Surrounding zoning permits office and commercial uses to the south and
east, and institutional uses to the north. The surrounding properties are currently
developed with office parks, a church and a preschool; however, if the surrounding sites
were to be redeveloped, the permitted uses are the same as what is permitted on the
proposed memory care facility site, or similar to the existing uses currently surrounding
the subject site, therefore the uses allowed would remain compatible with the existing and
planned uses, as well as the community in general.
5. A new memory care facility will provide an institutional service for the
residents of San Juan Capistrano, adding to the number of units available currently,
providing greater opportunities for residents to receive health related institutional services
in San Juan Capistrano.
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 17-002) as provided in Exhibit A, attached hereto and incorporated
herein; and, approve Rezone (RZ 17-001) as provided in Exhibit B, attached hereto and
incorporated herein.
PASSED, APPROVED AND ADOPTED this 261h day of February 2019.
Ti~~
Sergi~ICP, Assistant Development
Services Director/Secretary
EXHIBIT A
General Plan Amendment 17-002 Land Use Map
Existing Land Use Map Proposed Land Use Map
EXHIBIT B
Rezone 17-001 Zoning Map
Existing Zoning Map Proposed Zoning Map