Ordinance Number 1087ORDINANCE NO. 1087
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-004 TO
AMEND THE FARM SPECIFIC PLAN (SP) 2018-01 TO MODIFY CERTAIN
DEVELOPMENT STANDARDS THAT WOULD CHANGE THE
ARCHITECTURAL ELEVATIONS, FLOOR PLANS, AND SETBACKS
APPLICABLE TO THE APPROVED 169 -UNIT SINGLE-FAMILY
DETACHED, RESIDENTIAL HOME SUBDIVISION ON 35 ACRES THAT
COMPRISE TENTATIVE TRACT MAP (TTM) 19063 LOCATED AT 32382
DEL OBISPO STREET (ASSESSOR'S PARCEL NUMBERS 121-182-17,
121-182-63) (APPLICANT: BRETT HAMARA, LENNAR) (THE FARM),
AND DETERMINE THAT NO FURTHER CEQA REVIEW IS REQUIRED
WHEREAS, Brett Hamara, Lennar Homes of California, LLC, 715131 ..Alton
Parkway, Suite 365, Irvine, CA 92618 (the "Applicant"), has requested approval of CA 20-
004 to amend The Farm Specific Plan (SP) 2018-01 to modify certain development
standards that would change the architectural elevations, floor plans, and setbacks
applicable to the approved 169 -unit single-family detached, residential home subdivision
on 35 acres that comprise Tentative Tract Map (TTM) 19063, The Farm located at 32382
Del Obispo Street, which is General Plan- designated Specific Plan/Precise Plan (SP/PP)
and classified as Specific Plan/Precise Plan (SP/PP) on the Official Zoning Map and
' regulated by The Farm Specific Plan (SP 2018-001) (the "Project"); and,
WHEREAS, Lennar Homes of California, LLC are owners of real property located
at 32382 Del Obispo Street (APNs: 121-182-17 and 121-182-63); and,
WHEREAS, on June 11, 2018, the City Council approved a General Plan
Amendment to the land use designation (GPA 16-001), Code Amendment (CA) 18-004
and approved The Farm Specific Plan (SP 18-001), and a Development Agreement; and,
WHEREAS, on July 7, 2020, the City Council adopted a resolution approving an
Addendum to the Mitigated Negative Declaration for The Farm project and approving
Tentative Tract Map 19063 for a gated 169 -lot single-family detached, residential home
subdivision on 35 acres; and,
WHEREAS, on October 20, 2020, the City Council approved the initiation of an
Amendment to The Farm Specific Plan (Code Amendment 20-004), thereby directing staff
to conduct an appropriate study of proposed amendments; and,
WHEREAS, as the project is currently proposed, the Applicant seeks approval to
amend the Farm Specific Plan (SP 2018-001) to modify certain development standards
that would change the architectural elevations, floor plans, and certain setbacks
applicable to the approved 169 -unit single-family detached, residential home subdivision,
' as approved by Architectural Control (AC) 19-020 ("The Farm" or "Project"); and,
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WHEREAS, the proposed project has been processed pursuant to Section 9-
2.309, Amendment of the Land Use Code, of Title 9, Land Use Code of the City of San
Juan Capistrano ("City"); and, '
WHEREAS, pursuant to Section 21067 of the Public Resources Code, and Section
15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City
is the lead agency for the proposed Project; and,
WHEREAS, the Design Review Committee (DRC) reviewed the development
plans on December 10, 2020, and recommended that the item move forward to the
Planning Commission; and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing on
January 26, 2021, pursuant to Section 9-2.309(d)(3), of Title 9, Land Use Code of the City
of San Juan Capistrano and City Council Policy 5 to consider public testimony on the
proposed Project, considered all relevant public comments, and, by a 3-0 vote,
recommended approval of the Project to the City Council; and,
WHEREAS, on May 4, 2021, the City Council held a duly noticed public hearing to
consider this Ordinance and the Project and, following receipt of all written and oral public
comments, the City Council closed the public hearing, considered the evidence
presented, and deliberated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN I CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of San Juan Capistrano hereby finds and
determines that all of the above Recitals are true and correct and incorporates such
Recitals into this Ordinance as if fully set forth herein.
SECTION 2. CEQA.
Based upon its review of the entire record before it, the City Council of the City of San
Juan Capistrano does hereby find that pursuant to the California Environmental Quality
Act ("CEQA") (Cal. Pub. Res. Code § 21000 et seq.) and the State CEQA Guidelines (the
"Guidelines") (14 Cal. Code Regs. § 15000 et seq.), City staff has considered the potential
environmental impacts of the proposed Code Amendment (CA) 20-004 and Architectural
Control (AC) 20-014 (the `Project'). City staff has also reviewed the Mitigated Negative
Declaration ("MND)" and Addendum to the MND prepared for The Farm Specific Plan
project (SCH# 2018031031) adopted by the City Council on May 15, 2018, and July 7,
2020, respectively, including the impacts and mitigation measures identified therein and
the Mitigation Monitoring and Reporting Program (MMRP) adopted by the City Council.
Based on that review, City staff has determined that the Project and the circumstances
under which the Project is undertaken do not involve substantial changes which will result
in new significant environmental effects, and that the Project does not involve new
information of substantial importance which shows that the Project will have significant '
effects not discussed in the prior MND and Addendum to the MND. All potential
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environmental impacts associated with Code Amendment (CA) 20-004 and Architectural
' Control (AC) 20-014 are adequately addressed by the prior MND, the Addendum to the
MND, and the mitigation measures contained in the prior MND, Addendum to the MND,
and MMRP will reduce those impacts to a level that is less than significant. The City
Council of the City of San Juan Capistrano, based upon the whole record before it, and
its independent review and judgment, find that that the Project is not subject to further
environmental review pursuant to the Guidelines because:
1. The Project and the circumstances under which the Project is undertaken do not
involve substantial changes which will result in new significant environmental effects,
and that the Project does not involve new information of substantial importance which
shows that the Project will have significant effects not discussed in the prior MND or
Addendum to the MND; and
2. All potential environmental impacts associated with Code Amendment (CA) 20-004
and Architectural Control (AC) 20-014 are adequately addressed by the prior MND,
the Addendum to the MND, and the mitigation measures contained in the prior MND,
Addendum to the MND, and MMRP will reduce those impacts to a level that is less
than significant.
SECTION 3. Findings for Approval of Code Amendment 20-004. The City
Council does hereby make the following findings as established by Section 9-
2.309(e) of Title 9, Land Use Code of the City of San Juan Capistrano:
1. The proposed Land Use Code Amendment conforms with the goals and policies of
the General Plan because it provides for the fulfilment of the General Plan's goals
and policies, including, Land Use Goal 7, which provides, "Enhance and maintain
the characterof neighborhoods," and Land Use Policy 7.2, which provides, "Ensure
that new development is compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure." The proposed Land Use
Code Amendment will allow for an amendment to The Farm Specific Plan to modify
front and side yard setbacks, floor area ratio, and lot coverage standards that will
conform to Land Use Goal 7.
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 proposed amendment achieves the goals and policies of the General Plan for
the reasons listed above.
3. The proposed Land Use Code Amendment conforms with the intent of the
Development Code and is consistent with all other related provisions thereof
because the Project will comply with the development standards established in The
Farm Specific Plan (SP 2018-001), as amended.
4. The proposed Land Use Code Amendment is reasonable and beneficial at this time
because the City has received an application to amend the development standards
in The Farm Specific Plan, subject to approval of all required entitlements.
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SECTION 4. AmendmenttoThe Farm Specific Plan 2018-01.
The proposed amendment to The Farm Specific Plan, and bearing the file number '
as follows:
Code Amendment (CA) 20-004
is hereby approved, and hereby adopted by the City Council and incorporated as part of
this Ordinance as Exhibit A.
SECTION 5. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall
not affect the validity of the remaining portions of this Ordinance or any part hereof. The
City Council of the City of San Juan Capistrano hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 6. Publication.
The City Clerk is hereby directed to cause the following summary of this Ordinance
to be published by two (2) insertions in the Capistrano Valley News, a newspaper of
general circulation that is printed, published, and circulated in the City of San Juan
Capistrano.
SECTION 7. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk
shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted
and published in the manner required by law.
SECTION 8. ,Location and Custodian of Records.
The documents and materials that constitute the record of proceedings on which
this Ordinance is based are located at the City Clerk's office :'located at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675. The custodian of these records is the
City Clerk.
SECTION 9. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once
within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days
after adoption, the City Clerk shall cause to be published the aforementioned summary
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and shall post a certified copy of this Ordinance, together with the vote for and against
the same, in the Office of the City Clerk,
PASSED APPROVED AND ADOPTED this 18th day of May 2021.
JOH11%jAYL'1ZfIR, MAYOR
0
MARIA MORRIS, CITY C
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing is a true and correct copy of Ordinance No. 1087 which was regularly introduced and
placed upon its first reading at the Regular Meeting of the City Council on the 4th day of May 2021
and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the
City Council on the 18'h day of May 2021 by the following vote, to wit:
AYES COUNCIL MEMBERS: Reeve, Farias, Hart and Mayor Taylor
NOE COUNCIL MEMBERS: None
ABS1N : I COUNCIL MEMBERS: Bourne
MARIA
l
0 l
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on the
10'" day of May 2021, at least 5 days prior to the adoption of the ordinance, I caused to be posted
a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING CODE AMENDMENT (CA) 20-004 TO AMEND THE FARM
SPECIFIC PLAN (SP) 2018-01 TO MODIFY CERTAIN DEVELOPMENT
STANDARDS THAT WOULD CHANGE THE ARCHITECTURAL
ELEVATIONS, FLOOR PLANS, AND SETBACKS APPLICABLE TO THE
APPROVED 169 -UNIT SINGLE-FAMILY DETACHED, RESIDENTIAL HOME
SUBDIVISION ON 35 ACRES THAT COMPRISE TENTATIVE TRACT MAP
(TTM) 19063 LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR'S
PARCEL NUMBERS 121-182-17, 1-182-63) (APPLICANT: BRETT
HAMARA, LENNAR) (THE FARM), ANDETERMINE THAT NO FURTHER
CEQA REVIEW IS REQUIRED \ I
This document was posted in the Office of the City
MARDI O RICITY CLERK)
San Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in
compliance with State laws, Government Code section 36933(1) of the State of California.
On the 191" day of May 2021, 1 caused to be posted a certified copy of Ordinance No. 1087,
adopted by the City Council on May 18, 2021, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-004 TO
AMEND THE FARM SPECIFIC PLAN (SP) 2018-01 TO MODIFY CERTAIN
DEVELOPMENT STANDARDS THAT WOULD CHANGE THE '
ARCHITECTURAL ELEVATIONS, FLOOR PLANS, AND SETBACKS
APPLICABLE TO THE APPROVED 169 -UNIT SINGLE-FAMILY
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DETACHED, RESIDENTIAL HOME SUBDIVISION ON 35 ACRES THAT
' COMPRISE TENTATIVE TRACT MAP (TTM) 19063 LOCATED AT 32382
DEL OBISPO STREET (ASSESSOR'S PARCEL NUMBERS 121-182-17,
121-182-63) (APPLICANT: BRETT HAMARA, LENNAR) (THE FARM),
AND DETERMINE THAT NO FURTHER SQA REVIEW IS REQUIRED
L -J
This document was posted in the Office of the City ,C
MARIAV0k918, CITY CLE(
San Juan Capistrano, Califor
7 01087