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Resolution Number 23-04-04-011 4/4/2023 RESOLUTION NO. 23-04-04-01 GENERAL PLAN AMENDMENT (GPA) 22-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA FINDING GENERAL PLAN AMENDMENT (GPA) 22-002 CONSISTENT WITH THE APPROVED ADDENDUM TO THE 2014-2021 HOUSING ELEMENT MITIGATED NEGATIVE DECLARATION AND THE 1999 GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AND APPROVING GPA 22-002 TO AMEND THE GENERAL PLAN LAND USE MAP TO GENERAL OPEN SPACE AND SPECIFIC PLAN/PRECISE PLAN, ALLOWING UP TO 700 DWELLING UNITS IN THE SPECIFIC PLAN/PRECISE PLAN AND REMOVING CITY OWNED LAND FROM DEVELOPABLE AREA, LOCATED AT ASSESSOR PARCEL NUMBERS 121-070-57 AND PORTIONS OF 121-070-66 AND 121-070-67 Whereas, the City of San Juan Capistrano’s adopted and certified 2021- 2029 Housing Element, adopted on August 16, 2022, identifies four areas to be rezoned to accommodate the City’s Regional Housing Needs Assessment; and Whereas, the City of San Juan Capistrano (the “Applicant”), proposes General Plan Amendment (GPA) 22-002 and Rezone (RZ) 22-00 for Oso Ranch – Housing Element Implementation, to amend the General Plan Land Use Map and Zoning Map to allow up to 700 dwelling units in the Specific Plan/Precise Plan and remove City owned land from the developable area, located at Assessor Parcel Numbers 121-070-57 and Portions of 121-070-66 and 121-070-67 (the “Project”); and Whereas, J7 SJC LLC, is the owner of the real property located at APN 121- 070-57 and 121-070-67; and Whereas, the City of San Juan Capistrano, is the owner of the real property located at APN 121-070-66; and Whereas, the City of San Juan Capistrano City Council has the authority to modify zoning and land use documents for the long term development planning for the City of San Juan Capistrano; and Whereas, the City's Environmental Administrator has reviewed the Project and recommends the City Council find that the proposed General Plan Amendment is consistent with the approved Addendum to the 2014-2021 Housing Element Mitigated Negative Declaration and the 1999 General Plan Environmental Impact Report; and Whereas, the City Council has considered the Environmental Administrator's determination pursuant to Section 15051 of the California Environmental Quality Act (CEQA) and has considered all Project environmental documentation; and 2 4/4/2023 Whereas, the Planning Commission conducted a duly-noticed public hearing on March 8, 2023 pursuant to Municipal Code Section 9-2.302. The Planning Commission has considered all public testimony on the proposed Project and all relevant public comments and all documents and evidence submitted, including but not limited to the staff report and attachments, and materials submitted by the Applicant; and Whereas, the City Council conducted a duly-noticed public hearing on April 4, 2023, pursuant to Municipal Code Section 9-2.302. The City Council has considered all public testimony on the proposed Project and all relevant public comments and all documents and evidence submitted, including but not limited to the staff report and attachments, and materials submitted by the Applicant; and Whereas, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find the proposed General Plan Amendment consistent with the approved Addendum to the 2014-2021 Housing Element Mitigated Negative Declaration and the 1999 General Plan Environmental Impact Report, and finds that no further environmental review is required. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following consistency findings pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with respect to General Plan Amendment (GPA 22-002) incorporated herein as Exhibit A and Exhibit B: Land Use Element 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 44 acres of the Oso Ranch to Specific Plan/Precise Plan and identifying that it will accommodate up to 700 residential units allows for a greater development possibility, due to a developer being able to create their own development standards for a residential neighborhood of up to 700 units, subject to future City approval. Changing the designation of 15 acres of Oso Ranch to General Open Space will allow the City to preserve and maintain open space, which is a core value of the City. Additionally, the change would contribute to an increase in property taxes, due to the future development of vacant property. This increase in property tax revenue would enhance the City’s commitment to maintain and improve public services and facilities. Property improvements and future development of new residential subdivisions would 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. 3 4/4/2023 Future development projects would contribute their fair share of public facility and utility costs through payment of Development Impact Fees. Additionally, property taxes generated as a result of future 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. The proposal would allow a 44-acre area to be developed with up to 700 residential units, including 200 units as affordable and very high density residential units. A future unidentified land developer would prepare a Specific Plan or Precise Plan document which would identify all development standards, which would be reviewed by the City. Any future development project would require analysis allowing the City the ability to review and require, where appropriate, the necessary amenities and conditions of approval. Policy 2.1: Continue controlling growth through the implementation of the City's residential growth management program. The proposed land use change that would result in the potential for an increase in population would represent approximately 5.6 percent of the City’s existing population over an 8-year period. New development facilitated as a result of the proposed amendments would be required to comply with the City’s Growth Management Element and Municipal Code Section 9-2.325. 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. Policy 2.2: Assure that new development is consistent and compatible with the existing character of the city. The proposed land use change to the 44-acres to Specific Plan, that would be prepared by a future developer, would allow for the development of residential units which would be reviewed and considered on a project-by-project basis to confirm that each will be consistent in use and character with surrounding development, including surrounding industrial and residential uses. 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 44-acre developable project site is located within a valley area and if applicable would be required to be raised above of any flood zone areas. The General Plan recognizes that future densities of population could be allocated to the valley areas of the city and which can be located outside of the floodplain. 4 4/4/2023 Goal 4: Preserve major areas of open space and natural features. The 44-acre subject site is not designated or considered open space and does not include any natural features. The project site is surrounded by land designated as Open Space, including natural creeks, and City owned open space, hillsides, and trails. The proposal to change a 15-acre portion of the Oso Ranch Planned Community area to General Open Space would expand the area to be preserved for open space purposes. The adjacent areas designated as General Open Space are not proposed to be amended or impacted with the proposed General Plan Amendment. Therefore, the proposal would be consistent with Goal 4 of the Land Use Element. Housing Element Goal 1: Provide a broad range of housing opportunities with emphasis on providing housing that meets the special needs of the community. 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 land use change to the 44-acres to Specific Plan, that would be prepared by a future developer, would allow for the development of residential uses with a mixture of densities including medium, high, and very high on the project site. This mixture would serve to add to the variety of housing types available throughout the city. Goal 2: To the maximum extent feasible, encourage and provide housing opportunities for person of lower and moderate incomes. Policy 2.5: Encourage mixed-use development on a case-by-case basis to allow for increased housing opportunities. The proposed land use change to the 44-acres to Specific Plan, that would be prepared by a future developer, would allow for the development of very high-density residential on the project site, which would serve to add to the variety of housing types available throughout the city. Additionally, 200 units have been identified as affordable housing units. 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 land use change to the 44-acres to Specific Plan would allow for the development of up to 700 residential units that would accommodate additional population growth in the city. All residences developed on the site would be reviewed on a project basis to ensure they are developed in a manner that would be consistent with the character and scale of existing surroundings and other developments throughout the city. 5 4/4/2023 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano approves of the CEQA determination and General Plan Amendment (GPA 22-002). 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. 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 4th day of April 2023. _____________________________________ HOWARD HART, MAYOR ATTEST: _____________________________ MARIA MIORRIS, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 23-04-04-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 4th day of April 2023, by the following vote: AYES: COUNCIL MEMBERS: Bourne, Campbell, Taylor, Farias, and Mayor Hart NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bourne ____________________________ MARIA MORRIS, CITY CLERK EXHIBIT A Proposed Land Use Map Amendment Oso Ranch EXHIBIT B Land Use Element 5.2 Potential Public Schools: The Potential Public Schools designation provides for potential public schools. This designation is not associated with a specific parcel of land, but indicates a general area in which a future school may be located. The maximum intensity of development is a floor area ratio of 0.30:1 and the average intensity of development is a floor area ratio of 0.25: 1. 5.3 Assisted Care Facilities: The Assisted Care Facility designation provides for limited special public/institutional facilities that provide specialized care for seniors and persons requiring special medical housing. Allowable uses include senior assisted care housing, nursing homes, and other specialized housing of a similar nature. The maximum intensity of development is a floor area ratio of 0.40:1 and the average intensity of development is a floor area ratio of 0.40:1. Special Designations Special Study: The Special Study designation overlays the base land use designation of properties that have unique physical features, environmental conditions and/ or other development constraints requiring special regulations or standards designed to address or preserve those conditions. Such properties may be developed for land uses other than those provided for under the land use designation currently assigned to that parcel. For such properties, preparation of a development plan by a project proponent, including special regulations or standards addressing the relevant features, conditions and/ or constraints is required and will be considered by the City Council in determining whether to approve a requested general plan amendment and zone change. Specific Plan/Precise Plan: The Specific Plan / Precise Plan designation provides for areas governed by a specific plan or precise plan adopted prior to development. The maximum intensity of development will be determined based on the land uses and associated acres identified in the specific or precise plan. The Oso Ranch Specific Plan as identified in the 2021-2029 Housing Element can accommodate up to 700 residential dwelling units, 200 of which be affordable housing. April, 2023 30 San Juan Capistrano General Plan Land Use Element Planned Communities The Planned Community designation is to allow for the utilization of innovative land planning and building design through the preparation and approval of Comprehensive Development Plans. The Planned Community designation allows for flexibility in the design of a development project which may not be available with the other land use designations. Table LU-3 identifies the designated land use mix allowed for four identified Planned Communities. A Comprehensive Development Plans may be created for any property with a Planned Community land use designation not listed in Table LU-3. Development Capacity The Land Use Plan for San Juan Capistrano includes average levels of residential and non-residential development, where all land in the planning area is developed according to the Plan. The average levels of development establish a capacity for the Land Use Plan that is expressed as estimates of total dwelling units, total population, and total square footage of non-residential development in the future. Table LU-4 summarizes the development capacity of the Land Use Plan. This table provides a breakdown of land uses within San Juan Capistrano for purposes of identifying the estimated development capacity of the Land Use Plan. The degree to which the estimated capacity exceeds projected population is referred to as "overage". Some overage is desirable to make allowances for inevitable small pockets of undevelopable land, to allow for difficulty in recognizing development trends in completely vacant areas, to allow for unforeseen need for public utilities, and to recognize that some owners will maintain their land in an undeveloped state beyond the time span of the Plan. The Southern California Association of Governments (SCAG) has recommended that Plan capacity not exceed approximately 1. 20 to 1. 25 times the projected population. The measurement of capacity is accomplished by dividing the difference between maximum population capacity of the Plan by the projected population. For the San Juan Capistrano planning are, the maximum population capacity of the Plan is approximately 38,520 and the projected population is approximately 36,440, resulting in a capacity of 1.06. April, 2023 30 San Juan Capistrano General Plan Land Use Element April 2023 30 San Juan Capistrano General Plan Land Use Element Table LU-3 Planned Communities Allowable Uses Guidelines Planned Community Allowed Land Use Mix Guidelines Crystal Cathedral Ministries Planned Community 80% Public & Institutional (includes retreat center) 20% Assisted Care Facility (may include a wellness center. Maximum floor area ratio for Public Institutional will not be allowed unless the project offers exceptional benefits to the community). Pueblo Serra Planned Community 100% Office/Research Park (with support accessory uses such as hotel, food services, etc.) Whispering Hills Planned Community 100% Very Low Density Residential Forster Canyon Planned Community (Pacifica San Juan):257.0 acres 5% Low Density Residential 26% Medium Low Density Residential 10% Medium Density Residential 3% High Density Residential 6% Office/Research Park 8% Open Space Recreational 39% General Open Space 4% Public Institutional Distrito La Novia – San Juan Meadows Planned Community: 153.8 acres 7% General Commercial 3% High Density Residential 44% Open Space Recreational 28% Low Density Residential 18% Natural Open Space April 2023 32 San Juan Capistrano General Plan