PC Resolution-20-06-09-03PC RESOLUTION NO. 20-06-09-03
Sale Consistent with General Plan
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING THAT THE SALE OF THE 0.14-ACRES OF
666-131-08, GENERALLY LOCATED AT THE TERMINUS OF PASEO TIRADOR TO
WATT COMMUNITIES FOR THE TIRADOR RESIDENTIAL DEVELOPMENT
PROJECT IS CONSISTENT WITH THE GENERAL PLAN
WHEREAS, Watt Communities (the "Applicant") is proposing the Tirador
Residential ("Project"), an approximately 16.1-acre 132-unit residential project at 27000
Calle Arroyo; and
WHEREAS. the City owns an adjacent property to the Project site, identified
as APN 666-131-18, and intends to sell 0.14-acres of 666-131-08 (the "Property") to the
Applicant so that the Applicant may develop the Project in accordance with Project
entitlements approved by the City; and
WHEREAS, when the City Council considers the entitlement applications
for the Project, the Council will also consider approval of a Purchase and Sale Agreement
("PSA") between the City and Applicant. The PSA is the negotiated sales contract
between the City and Watt Communities that establishes the terms, purchase price,
escrow instructions and other matters specific to the transfer of title of the Property to the
Applicant. The PSA is under final negotiations between the City and Watt Communities;
and
WHEREAS, under California Government Code section 65402(c), if a
General Plan has been adopted, the City may not dispose of real property until the
location, purpose, and extent of the disposition has been submitted to and reported on by
the planning agency as to the conformity of the proposed disposition with the General
Plan. Therefore, as required by state Law, the Planning Commission has been asked to
determine whether the purpose of the proposed sale of the Property for the Project is
consistent with the City's General Plan; and
WHEREAS, the City prepared a Draft Environmental Impact Report
("DEIR") that analyzed the proposed Project's environmental impacts in compliance with
the provisions of the California Environmental Quality Act ("CEQA"). The DEIR was made
available to the public for review and comment for 45 days between March 4, 2020, and
April 17, 2020. During and following the close of the public review period, the City received
five comment letters and e-mails on the project. For those letters and e-mails that raised
CEQA-related issues, the City has prepared Response to Comments as required by
CEQA, which are included in the Final EIR. The Final EIR determined that the proposed
Project could be reduced to a level of less than significant through the incorporation of
mitigation measures. A Mitigation Monitoring Reporting Program has been prepare for
the Tirador Residential Project. The Draft EIR and Final EIR for the project are available
on the City's website at: http://sanjuancapistrano.org/Departments/Development -
PC Resolution 20-06-09-03 2 June 9 2020
Services/Planning; and
WHEREAS, the Planning Commission has carefully considered all the
information submitted by the Applicant, the public, and city staff in connection with the
Project, including the agenda report prepared by staff, which explains in detail how the
proposed Project is consistent with the General Plan.
NOW, THEREFORE, BE IT RESOLVED, that the recitals above are
incorporated herein by reference as findings of the Planning Commission .
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful
consideration of the agenda report and all the evidence that was presented in connection
with this Project, the Planning Commission of the City of San Juan Capistrano does
hereby find that the sale of the Property to the Applicant for development of the Project is
consistent with the General Plan in the following ways:
1. The project is consistent with the Land Use Element, including Land Use Goal 2 of the
General Plan, which directs the City to "control and direct future growth within the City
to preserve the rural village like character of the community". Policy 2.2 of Land Use
Plan Goal 2 further states that the City will "assure that new development is consistent
and compatible with the existing character of the City". As the City of San Juan
Capistrano is almost entirely built out, the proposed 132-unit residential community
development uses an infill vacant lot with structures which are compatible with the
neighboring developments and uses. Locating the project at this infill property here
ensures other more appropriate open space lands remain undisturbed and preserve
the predominantly rural village-like character of the City while adding housing stock
for the City.
2. Moreover, 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 132-unit
residential community is surrounded by a commercial gym, office development and
equestrian facility which are compatible with the proposed single family and townhome
residences, and the Spanish or early California architecture influenced architecture on
the surrounding buildings is compatible with the Spanish and Farmhouse architecture
proposed.
3. In addition, the proposed single family and townhome buildings are consistent with the
Goals and Policies of the Community Design Element. The project is consistent with
Policy 1.2 because the residential buildings have been designed with high-quality
materials and at a human scale, with resident and guest-oriented recreational space
and entryways. It is consistent with Policy 2.1 because the proposed building
incorporates Spanish and Farmhouse architecture, and California native landscape
features which complements the City's traditional historic character.
PC Resolution 20-06-09-03 3 June 9 . 2020
4. Furthermore, the project is consistent with the Housing Element, which specified that
the site could accommodate at least 230 residential units for lower income
households, because the project will provide 14 residential units for moderate income
households, 118-units for above moderate income households, and there are
alternative sites in the City to accommodate the 216 affordable units not being
provided at the project site. Additionally, the provision of affordable housing, as
required by the 10% inclusionary housing requirement, within the project is consistent
with Policies 2.1 and 2.2 of the Housing Element, because the 14 unit for moderate
income households and the City would be approving a concession and five waivers to
development standards as an incentive to development of affordable housing.
EFFECTIVE DATE & FINAL APPROVAL: This resolution takes effect on
the expiration of the 15-day appeal period if no appeal application has been filed. The
appeal period expires at 5:30 pm, Wednesday, June 24, 2020. This project approval is
valid for a period of 12 months from the effective date of approval of this resolution, and
it expires on June 24, 2021, unless a time extension request or building permit application
related to this approval is submitted to the City prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this gth day of June, 2020.
Sergio otz, AICP, Assistant Development
Services Director/Secretary