Resolution Number 23-04-04-031 4/4/2023
RESOLUTION NO. 23-04-04-03
GENERAL PLAN AMENDMENT (GPA) 22-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA FINDING GENERAL PLAN AMENDMENT (GPA) 22-004 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 22-004 FOR
INDUSTRIAL RESIDENTIAL OVERLAY – HOUSING ELEMENT IMPLEMENTATION: A
REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT AND MAP TO
CREATE A RESIDENTIAL OVERLAY ZONE ON INDUSTRIAL ZONED PROPERTIES
OFF CAMINO CAPISTRANO, CALLE PERFECTO, PASEO CERVEZA, VIA DE ANZA,
CALLE AVIADOR, & AVENIDA AEROPORTO TO ALLOW FUTURE REDEVELOPMENT
CONSISTENT WITH THE VERY HIGH DENSITY RESIDENTIAL ZONING DISTRICT,
AMEND THE GENERAL PLAN LAND USE DESIGNATION OF THREE PARCELS
WITHIN THE COSTCO SPECIFIC PLAN TO SPECIFIC PLAN/PRECISE PLAN,
LOCATED AT APNS 668-121-03/13/15, 668-121-01/03/04/05/06, 668-291-
01/03/04/05/11/14/17/18/19/20/22/23/24, 121-171-42, 668-041-
02/03/04/05/06/09/10/13/19/20/32/33/34/35/36/37/38, 668-042-01/02/06, 668-043-
01/02/03, 668-051-14/15/16, 668-052-01/02/03/04, 668-053-04, 668-231-01, 668-431-
08/09/10/02/03/07, 668-501-01/02/03/04/05/06/07/08/10, AND 121-254-25/26/
46/57/61/62/63/64
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 proposes General Plan
Amendment (GPA) 22-004, Rezone (RZ) 22-003, and Code Amendment (CA) 22-004 for
Industrial Residential Overlay and Specific Plan Amendment – Housing Element
Implementation, a request to amend the General Plan Land Use Map, Zoning Map, and
the Land Use Code to create a residential overlay zone on industrial zoned properties off
Camino Capistrano, Calle Perfecto, Paseo Cerveza, Via De Anza, Calle Aviador, &
Avenida Aeroporto to allow future redevelopment consistent with the Very High Density
residential zoning district, which allows for up to 30 dwelling units per acre, amend the
General Plan Land Use Designation of three parcels within the Costco Specific Plan to
Specific Plan/Precise Plan and amend the Costco Specific Plan to allow for mixed use
development, with up to 60 dwelling units per acre (the “Project”); and
Whereas, the Project impacts multiple parcels through central and southern
San Juan Capistrano. Specifically, the Project impacts the following parcels: APNs 668-
121-03/13/15, 668-121-01/03/04/05/06, 668-291-01/03/04/05/11/14/17/18/19/20/22/23/24,
which have a General Plan Land Use designation of Quasi-Industrial and a Zoning
designation of Commercial Manufacturing; APNs 121-171-42, 668-041-02/03/04/05/06/
09/10/13 /19/20/32/33/34/35/36/37/38, 668-042-01/02/06, 668-043-01/02/03, 668-051-
14/15/16, 668-052-01/02/03/04, 668-053-04, 668-231-01, 668-431-08/09/10/02/03/07,
2 4/4/2023
668-501-01/02/03/04/05/06/07/08/10, which have Zoning and General Plan Land Use
designations of Industrial Park; and APNs 121-254-25/26/46/57/61/62/63/64, which have
a General Plan Land Use designation of Quasi-Industrial and a Zoning designation of
Specific Plan; 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 that 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
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 that 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 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 22-004) incorporated herein as Exhibit A and Exhibit B:
3 4/4/2023
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 a 77-acre area to include a Residential Overlay and changing
the designation of a 4.12-acre area to Specific Plan/Precise Plan to accommodate a
combined total of up to 348 residential units in future developments would provide a
variety of housing types allowing for a multitude of household types to move into the city.
Additionally, the change would contribute to an increase in property taxes, due to the
future improvement of several vacant and underutilized property. This future increase in
property tax revenue would assist the City to maintain and improve public services and
facilities. Property improvement and development of a new residential subdivision 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 proposal 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.
The proposed could result in redevelopment of the project area with up to 348 residential
units with a maximum of two stories in the Residential Overlay and a maximum of five
stories in the Costco Plaza Specific Plan. The project would require development analysis
as each site development is pursued allowing the City the ability to review and require
where appropriate necessary amenities and conditions for approval.
Policy 2.1: Continue controlling growth through the implementation of the City's residential
growth management program.
The proposal’s increase in population would represent approximately 2.5 percent of the
City’s existing population over an 8-year period. New development facilitated as a result
of land use amendments would be required to comply with the City’s Residential Growth
Management Program (1976). 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 proposal would allow for the development of residential units which would be
reviewed and considered on a project-by-project basis to confirm that each project would
4 4/4/2023
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 subject sites are located within a valley area and, if applicable, would be required to
be raised outside 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.
Goal 4: Preserve major areas of open space and natural features.
The subject sites are not designated or considered open space, and do not include any
natural features. Many of the subject sites have been developed with industrial uses. San
Juan Creek, located west of the northern most portion of the project site, is designated
as General Open Space within the General Plan Land Use Map and is not proposed to
be amended or impacted with the General Plan Amendment. Therefore, the proposed
project would be consistent with Goal 4 of the Land Use Element.
Goal 6: Enhance or Redevelop underperforming commercial centers.
Policy 6.1: Allow for the transitioning of the oversupply of commercial land use to other
economically viable revenue producing land uses.
The General Plan Amendment will allow for the transitioning of quasi-industrial and
commercially designated land to a complementary, economically viable mix of land uses
that will provide new revenue streams for the City. The proposed Specific Plan allows for
a variety of land uses including commercial/retail, office, restaurant, residential, among
others that will enhance the surrounding commercial area by generating new business
activity attractive to both residents and visitors.
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 project would allow for the development of a very high-density residential
community on the project sites, which 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.
5 4/4/2023
Policy 2.5: Encourage mixed-use development on a case-by-case basis to allow for
increased housing opportunities.
The proposal would implement the land use changes that were identified in the City’s
certified Housing Element. HCD agreed that these sites created reasonable opportunities
for potential residential development. The proposal would allow for the development of
very high-density residential and mixed-use communities on the project sites, which
would serve to add to the variety of housing types available throughout the city.
Conservation and Open Space Element
Goal 5: Shape and guide development in order to achieve efficient growth and maintain
community scale and identity.
The proposal would allow for the development of up 348 residential units on the subject
sites that would accommodate population growth in the city. All residences developed on
the subject sites 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 development
surrounding the sites and be consistent with the development standards and design
guidelines in the proposed “Very High Density” zoning district or Costco Plaza Specific
Plan.
Public Services and Utilities Element
Goal 7: Work effectively with providers of natural gas, electricity, telephone, cable
television and solid waste disposal to provide sufficient levels of these services.
The proposal would be served by existing natural gas, electricity, telephone, cable, and
solid waste facilities. Therefore, the proposal would be consistent with Goal 7.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano hereby approves of the CEQA determination and
General Plan Amendment (GPA) 22-004.
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.
6 4/4/2023
PASSED, APPROVED AND ADOPTED this 4th day of April 2023.
_____________________________________
HOWARD HART, MAYOR
ATTEST:
__________________________
MARIA MORRIS, 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. 23-04-04-03 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: Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
____________________________
MARIA MORRIS, CITY CLERK
EXHIBIT A
Land Use Element
Table LU-2
Land Use Classification System
(a)Maximum allowable level of development standard for individual parcels of land. (b)Assumed overall average level of development. Since the development which has occurred to date has not reached the maximum allowedlevel of density or intensity on every parcel of land, future development is expected to be less than the maximum on a city-wide basis. Therefore, an average level of density/intensity is used when projecting: 1) total future dwelling units/population for residential development; and 2) future square footage for non-residential development where floor area is used as a measurement of building intensity. (c)1 0.75:1- maximum allowable floor area ratio (FAR) for Hotels. The maximum FAR may only be granted at the discretion of the City consistent with the Title 9 Land Use Code if the project demonstrates superior architectural design, is compatible with surrounding areas, and provides significant benefits to the general public and residents of San Juan Capistrano. (c)2 The intensity of existing development may be increased to a maximum floor area ratio of 0.85:1, if (1) the development’s building area is10,000 square feet or greater; (2) the development was legally established; (3) the development is legally operating with a valid San Juan Capistrano business license; (4) the increase of intensity is limited to only storage use, and (5) the increase of intensity does not increase the building footprint or envelope.
April, 2023 18 San Juan Capistrano General Plan
Major Land
Use Groupings Dwelling Units Per Gross Acre Range or Maximum Floor Area Ratio(a)
Average Dwelling Units Per Acre or Average Floor Area Ratio(b)
Land Use Designation and Summary Description
Commercial 0.25:1 (c)1
0.50:1 (c)1
0.75:1
0.20:1·
0.30:1
0.75:1
3.1 Neighborhood Commercial - Retail, office, and service- oriented business activities serving a local community area and population.
3.2 General Commercial - Retail, office, and service-oriented business activities serving a community-wide area and population or broader market.
3.2.a. General Commercial – Town Center (TC) and Town Center Edge (TCE) Districts - A maximum floor area ratio (FAR) of 0.75 is permitted within the TC and TCE Districts.
Industrial 0.40:1 (c)1 0.30:1 4.0 Industrial Park - Light industrial, manufacturing and residential allowable uses include wholesale businesses, light manufacturingand assembly, research and development, warehousing andstorage, distribution and sales and within a designated Residential Overlay, Very High Density residential development.
0.40:1 (c)1, (c)2 0.30:1 4.1 Quasi-Industrial - Light industrial, manufacturing including those uses allowed in the Industrial Park designation.Allows a variety of regional and sub-regional commercial uses such as vehicle sales and large box retail. Also, allows Very High Density residential development within a designated Residential Overlay.
0.10:1 0.05:1 4.2 Agri-Business - Agricultural crop production and sales, and
animal breeding, boarding, raising and training.
0.40:1 (c)1 0.25:1 4.3 Office/Research Park - Single-tenant and multi-tenant offices, including legal, medical, financial, administrative, R&D,corporate and general business.
0.40:1 0.25:1 5.0 Public & Institutional - Schools, churches, fire stations,Public/Institutional community centers, utility substations, and office complexes.
0.30:1 0.25:1 5. 1 Existing Public Schools - Existing public schools.
0.30:1 0.25:1 5.2 Potential Public Schools - Future public schools.
0.40:1 o.40:1 5.3 Assisted Care Facilities - Specialized care and housing facilities for seniors and persons requiring special medicalhousing.
Special Varies
Varies
Varies
Varies
Varies
Varies
Special Study - Areas that have unique features, environmental conditions, and/or development constraints requiring special regulations or standards designed to address or preserve those conditions.
Specific Plan/Precise Plan - Areas governed by a specific plan or precise plan adopted prior to development.
Planned Community - Denotes large areas of land under single or common ownership for detailed planning and development for residential, commercial, industrial, public/institutional, recreation and open space uses.
Land Use Element
Industrial Designations
4.0 Industrial Park: The Industrial Park designation provides for a
variety of light industrial and manufacturing uses that are non-
polluting and which can co-exist compatibly with surrounding land
uses. Industrial uses allowed do not in their maintenance, assembly,
manufacturing or operations create smoke, gas, dust, sound,
vibrations, soot or glare to any degree which will be obnoxious or
offensive to persons residing or conducting business in the City. Such
activities are to be conducted within the building. The Industrial Park
designation also provides for multi-family residential uses within a
designated Residential Overlay. Properties within the Residential
Overlay may be developed with Very High Density residential
housing (18.1 to 30 units per acre) or be maintained and enhanced as
light industrial and manufacturing uses.
Allowable industrial uses include research & development, light
manufacturing and processing, offices, warehousing and storage, high
technology production, and related uses. Other uses that are
determined to be compatible with the primary industrial uses may also
be allowed. The maximum intensity of industrial development is a
project floor area ratio of 0.40:1 and an average floor area ratio of
0.30:1, the maximum intensity of residential development is a
maximum density of 30 du/acre.
4.1 Quasi-Industrial: The Quasi-Industrial designation provides for a
variety of light industrial and manufacturing uses, including limited
regional and sub-regional commercial activities that are non-polluting
and which can co-exist compatibly with surrounding land uses.
Industrial uses allowed do not in their maintenance, assembly,
manufacturing or operations create smoke, gas, dust, sound,
vibrations, soot or glare to any degree which will be obnoxious or
offensive to persons residing or conducting business in the City. The
Quasi-Industrial designation also provides for multi-family residential
uses within a designated Residential Overlay. Properties within the
Residential Overlay may be developed with Very High Density
residential housing (18.1 to 30 units per acre) or be maintained and
enhanced as light industrial and manufacturing uses.
Allowable industrial uses include research & development, light
manufacturing and processing, large single tenant distribution and
sales, automobile sales and leasing, offices, warehousing and storage,
high technology production, and related uses. Other uses that are
determined to be compatible with primary industrial uses may also be
allowed. The maximum intensity of industrial development is a
project floor area ratio of 0.40:1 and an average floor area ratio of
0.30:1. The maximum intensity of residential development is a
maximum density of 30 du/acre.
April, 2023 27 San Juan Capistrano General Plan
EXHIBIT B
Proposed General Plan Land Use Map Amendments
Industrial Residential Overlay Boundary
Costco Specific Plan