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