Ordinance Number 1110
1 4/18/2023
ORDINANCE 1110
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING REZONE (RZ) 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 RZ 22-004, AMEND THE GENERAL PLAN LAND USE
MAP AND ZONING 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 (OSO RANCH)
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 that the City Council find that the proposed Rezone 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
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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 Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DOES HEREBY ORDAIN AND FIND AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Ordinance by this reference.
SECTION 2. CEQA Compliance. Based upon its review of the entire record
before it, the City Council of the City of San Juan Capistrano hereby finds that, pursuant
to the California Environmental Quality Act and the State CEQA Guidelines, the Project
is consistent with the approved Addendum to the 2014-2021 Housing Element Mitigated
Negative Declaration and the 1999 General Plan Environmental Impact Report.
SECTION 3. Findings for Approval of Rezone (RZ) 22-004. The City Council does
hereby make the following findings pursuant to Section 9-2.315(e) of Title 9, Land Use
Code of the City of San Juan Capistrano with respect to, incorporated here in as Exhibit
A:
1. The proposed zone change is consistent with the General Plan land use map and
applicable goals and policies because the rezoning of the 59-acre site is proposed to
occur concurrently with a change to the General Plan Land Use Map (GPA 22-002) to
change the land use map and designation to General Open Space for a 15-acre City-
owned portion of the Oso Ranch property and to Specific Plan/Precise Plan for a 44-
acre portion of the property. If the proposed General Plan Amendment is approved,
the proposed Rezone (RZ 22-004), changing the site to General Open Space and
Specific Plan/Precise Plan on the Zoning Map, would be consistent with the amended
General Plan Land Use Map.
Land Use Goal 1 directs the City to “develop a balanced land use pattern to ensure
that revenue generation matches the City’s responsibilities 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.
Changing the designation of 15-acres of the Oso Ranch to General Open Space will
allow the City to preserve and maintain open space, which is a core value of the City.
3 4/18/2023
The future 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 a new residential subdivisions would facilitate Land Use Goal 1.
2. The proposed zone change is consistent with the Land Use Code, including Article 1
General Plan Review and Table 2-1, Zoning Consistency Matrix because the
proposed General Open Space and Specific Plan/Precise Plan zoning is consistent
with the proposed Land Use Code, including Table 2-1 because the General Open
Space is consistent with the Planned Community Land Use Designations.
Furthermore, rezoning of the 59-acre area is proposed to be concurrent with a change
to the General Plan Land Use Map (GPA 22-002) to change the portion of APN 121-
070-66 that is zoned Planned Community, totaling 15-acres, to General Open Space,
and the remaining portions of the Oso Ranch Planned Community, 44-acres of APN
121-070-57 and the developable portion of APN 121-070-67, to Specific Plan/Precise
Plan. If the proposed General Plan Amendment is approved, the proposed Rezone
(RZ 22-004), changing the site to General Open Space and Specific Plan/Precise Plan
on the Zoning Map would be consistent with the Land Use Code General Plan Review
and Table 2-1.
3. The site of the proposed zone change is suitable for any of the land uses permitted
within the proposed zone district because the proposed Oso Ranch Specific Plan
would establish the long range planned use of the site, allowing for future open space
uses, consistent with the General Open Space zoning district and surrounding
properties, and residential uses, consistent with the existing zoning.
4. The uses allowed by the proposed zone change are compatible with existing and
planned uses on surrounding properties and the community in general because the
surrounding zoning designations allow open space uses to the north, south, east, and
west. The immediately surrounding properties are predominantly undeveloped, with
trails traversing the sites. The site has previously been identified for development of
residential housing, and the rezone will ensure the site is developed with consistent
residential uses. The site is in close proximity to a private school, equestrian facilities
and multi-family residential. Because of the existing mix of uses in the vicinity, a higher
density residential community is an appropriate and compatible use for the subject
site. The project would allow for the development that would be reviewed and
considered on a project-by-project basis to confirm that each project would be
consistent in use and character with surrounding development, including surrounding
commercial and residential uses.
5. The proposed zone change is reasonable and beneficial at this time because the
Rezone to allow for up to 700 residential units in future developments would create
opportunities for redevelopment of an underutilized site and provide new housing
opportunities in the city. Further, the project would allow for the development of
residential units that would be reviewed and considered on a project-by-project basis
to confirm that each project would be consistent in use and character with surrounding
development, including surrounding commercial and residential uses.
4 4/18/2023
SECTION 4. The City Council of the City of San Juan Capistrano adopts the San
Juan Plaza Specific Plan, attached hereto as Exhibit B and incorporated herein by this
reference. The San Juan Plaza Specific Plan is consistent with the General Plan, for all
of the reasons outlined above and, the San Juan Plaza Specific Plan contains the
elements required by Government Code, section 65451.
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 10. 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
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.
[SIGNATURES ON FOLLOWING PAGE]
5 4/18/2023
PASSED APPROVED AND ADOPTED this 18th 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, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Ordinance No. 1110 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 4th day of April 2023 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 18th day of April 2023 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Bourne, Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
_____________________________________
MARIA MORRIS, CITY CLERK
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 4th day of April 2023, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
6 4/18/2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING REZONE (RZ) 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
RZ 22-004, AMEND THE GENERAL PLAN LAND USE MAP AND ZONING
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 (OSO RANCH)
This document was posted in the Office of the City Clerk
________________________________
MARIA MORRIS, CITY 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 20th day of April 2023, I caused to be posted a certified copy of Ordinance No.
1110, adopted by the City Council on April 18, 2023, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING REZONE (RZ) 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 RZ 22-004, AMEND THE GENERAL PLAN LAND USE
MAP AND ZONING 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 (OSO RANCH)
7 4/18/2023
This document was posted in the Office of the City Clerk
________________________________
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
EXHIBIT A
Proposed Zoning Map Amendment
Oso Ranch