PC Resolution-22-09-28-01PC RESOLUTION NO. 22-09-28-01
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 1.2-ACRES OF
32400 PASEO ADELANTO (APN 661-101-23), GENERALLY LOCATED AT THE
NORTHEAST CORNER OF 32400 PASEO ADELANTO TO JAMBOREE HOUSING
CORPORATION FOR THE DEVELOPMENT OF 50 PERMANENT SUPPORTIVE
HOUSING UNITS AS A PART OF THE PASEO ADELANTO PROJECT IS
CONSISTENT WITH THE CITY OF SAN JUAN CAPISTRANO GENERAL PLAN.
WHEREAS, the City of San Juan Capistrano ("City") and the Jamboree
Housing Corporation ("Jamboree") are joint applicants for the Paseo Adelanto project
("Project"); and
WHEREAS, the Project includes the development of 50 Permanent
Supportive Housing on 1.2-acres at 32400 Paseo Adelanto; and
WHEREAS. the City owns the entirety of the 4,177-acre site where the
Project is proposed, identified as APN 661-101-23, and intends to sell 1.2-acres of 661-
101-23 (the "Property") to Jamboree so that the 50 unit Permanent Supportive Housing
portion of the Project may be developed in accordance with Project entitlements approved
by the City; and
WHEREAS, on July 19, 2022 the City Council considered and approved of
a Disposition and Development Agreement ("ODA") between the City and Jamboree. The
DOA is the negotiated contract between the City and Jamboree that establishes the
terms, purchase price, escrow instructions and other matters specific to the transfer of
title of the Property to the Jamboree; 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 Project has been reviewed in accordance with the
California Environmental Quality Act. The City's Environmental Administrator
recommends that the Planning Commission find the Project is statutorily exempt from
further review pursuant to Government Code section 65583.2(h) and (i); 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
PC Resolution 22-09-28-01 2 September 28 , 2022
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 RESOLVED, that the Planning Commission
hereby finds that the Project has been reviewed in accordance with the California
Environmental Quality Act. The Planning Commission further finds that the Project is
statutorily exempt from further review pursuant to Government Code section 65583.2(h)
and (i), which applies when sites are re-zoned to accommodate the Regional Housing
Needs Allocation ("RHNA") for low and very low income housing, and results in the future
approval for multifamily rental projects on those sites to be considered a "use by right,"
which is defined to mean that the review shall not include approval that would constitute
a "project" for purposes of CEQA, and therefore, no CEQA compliance would be required.
Here, on May 6, 2016, the City adopted Resolution No. 17-05-03-01, which approved a
General Plan Amendment to amend the City's Housing Element. That resolution
amending the Housing Element identified the City Hall site as a site that would be zoned
for low and very-low income affordable housing. On May 17, 2016, the City adopted
Ordinance No. 1032 on to rezone the property to Very High Density to accommodate the
City's RHNA allocation. This rezoning ensured that the City's inventory of housing sites
in its Housing Element could accommodate all of the low and very low income RHNA
assigned to the City. Because the Project site was rezoned to accommodate the City's
RHNA allocation, it would come under the provisions of Government Code Section
65583.2(i) and be considered a "use by right" that would not trigger CEQA compliance
because it is not a "project" as that term is defined under CEQA. In conclusion, because
the Project site was identified in the City's Housing Element inventory of sites suitable for
lower income housing, and was subsequently rezoned after the City adopted the Housing
Element under a program to accommodate lower income housing, it should be considered
a "use by right" site, and any City approvals to implement the Project would not be
considered a "project" for purposes of CEQA compliance. Therefore, the Planning
Commission finds that this Project is not subject to CEQA review. The Planning
Commission hereby directs staff to prepare, execute and file with the Orange County
Clerk Recorder's Office a Notice of Exemption within five (5) working days of Project
approval.
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 50-unit Permanent
PC Resolution 22-09-28-01 3 September 28, 2022
Supportive Housing development uses an infill site lot with structures which are
compatible with the neighboring developments and uses. Locating the project at this
infill property 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 50-unit
Permanent Supportive Housing development will be surrounded by government
offices, community park, commercial center, and an industrial center which are
compatible with the proposed Permanent Supportive Housing residences, and the
Spanish, Mission, and Agrarian influenced architecture on the surrounding buildings
is compatible with the Spanish colonial architecture proposed.
3. In addition, the proposed multifamily building for the 50-unit Permanent Supportive
Housing development is consistent with the Goals and Policies of the Community
Design Element. The project is consistent with Policy 1.2 because the residential
building has been designed with high-quality materials and at a human scale, with
resident-oriented recreational space and entryways. It is consistent with Policy 2.1
because the proposed building incorporates Spanish colonial architecture, and
California native landscape features which complements the City's traditional historic
character.
4. Furthermore, the Project is consistent with the Housing Element, which specifies that
the site could accommodate at least 50 residential units for lower income households,
because the Project will provide 40 residential units for very low income households,
9 units for low income households, and one unit for a moderate income household at
the project site. Additionally, the provision of affordable housing within the Project is
consistent with Housing Element Policies 1 .3 -"Encouraging both the private and
public sectors to produce or assist in the production of housing with particular
emphasis on housing affordable to[ ... ] homeless persons," Policy 2.6 -"Target City-
owned sites available for housing production for lower income households," and 2.8-
"Encourage collaborative partnerships to maximize resources available for the
provision of affordable housing to lower-income households."
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of
records for the record of proceedings.
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, Thursday, October 13, 2022. This Project approval is
valid for a period of 12 months from the effective date of approval of this resolution, and
it expires on October 13, 2023, unless a time extension request or building permit
PC Resolution 22-09-28-01 4 September 28, 2022
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 28th day of September, 2022.
c:4w -~ )d,(2 TamWilh rh7cnairw~n
Director &