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PC Resolution-23-03-08-01PC RESOLUTION NO. 23-03-08-01 GENERAL PLAN AMENDMENT (GPA) 22-002 REZONE (RZ) 22-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL FIND GENERAL PLAN AMENDMENT (GPA) 22-002 AND 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 APPROVE GPA 22-002 AND 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 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 determined that the proposed General Plan Amendment and Rezone are 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 Planning Commission 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, PC Resolution 23-03-08-01 2 March 8, 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, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby recommend that the City Council find the proposed General Plan Amendment and Rezone are consistent with the approved Addendum to the 2014-2021 Housing Element Mitigated Negative Declaration and the 1999 General Plan Environmental Impact Report, and no further environmental review is required. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby recommend that the City Council 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 City approval, making it more advantageous to future development. 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. 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. PC Resolution 23-03-08-01 3 March 8, 2023 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 and approved 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 bases 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. 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 PC Resolution 23-03-08-01 4 March 8, 2023 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, that would be prepared by a future developer, 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. The proposed General Plan Amendment has been identified to be consistent with the applicable Goals and Policies of the General Plan, and a resolution has been prepared for the Planning Commission's consideration recommending that the City Council approve the proposed amendment. PC Resolution 23-03-08-01 5 March 8, 2023 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby recommend that the City Council make the following findings pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with respect to Rezone (RZ 22-003), incorporated here in as Exhibit C: 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. 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. PC Resolution 23-03-08-01 6 March 81 2023 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends City Council approval of the CEQA determination and General Plan Amendment (GPA 22-002) and Rezone (RZ 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. PASSED, APPROVED AND ADOPTED this 8th day of March, 2023. °'" ~-ulmeL Tami Wilhelm, Chairperson EXHIBIT A Proposed Land Use Map Amendment Oso Ranch Land Use Element April, 2023 EXHIBIT B 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: I and the average intensity of development is a floor area ratio of0.25: I. 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 O .40: I and the average intensity of development is a floor area ratio of 0.40: I. 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. 30 San Juan Capistrano General Plan Land Use Element April, 2023 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 I. 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. 30 San Juan Capistrano General Plan Land Use Element s DANA POINT April 2023 Crystal Cath~ral Ministries Planned Community 30 C: ~ City Bounoar/ ~ Planned Community SAN CLEMENTE 0 0.25 0.5 Whispering Hills Planned Community N s El A l"'liles 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 80% Public & Institutional (includes retreat center) Planned Community 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 1 00% Office/Research Park (with support accessory uses such as hotel, food services, etc.) WhisperinQ Hills Planned Community 100% Verv Low Density Residential Forster Canyon Planned Community 5% Low Density Residential (Pacifica San Juan):257.0 acres 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 Navia -San Juan Meadows 7% General Commercial Planned Community: 153.8 acres 3% High Density Residential 44% Open Space Recreational 28% Low Density Residential 18% Natural Open Space April 2023 32 San Juan Capistrano General Plan EXHIBIT C Proposed Zoning Map Amendment Oso Ranch