Resolution Number 01-11-6-03RESOLUTION NO. 01-11-6-0 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AMENDED LANGUAGE TO
CLARIFY LANGUAGE ON PARKING STANDARDS AND PROVISIONS
FOR THE HOMELESS WITHIN THE HOUSING ELEMENT (GPA 01-02)
Whereas, the City has received additional comments from the California
Department of Housing and Community Development requesting clarifying language as
it relates to parking standards as a constraint to creating opportunities for affordable
housing projects, and discussion on the provisions for homeless shelters within the Public
Institutional land use designation as a conditional use. In addition, staff has also identified
the need to clarify language in the Housing Element's Implementation Plan to insure that
it is clear that 25 units per acre is for properties that are designated for Affordable
Family/Senior Housing by the Land Use Element; and,
Whereas, the Municipal Code prescribes the process for consideration of
amendments to the City's adopted General Plan; and,
Whereas, in accordance with the Municipal Code, the City Council is the only
body that may consider and initiate consideration of an amendment to the General Plan;
and,
Whereas, on July 17, 2001, the City Council did hereby, in accordance with
the Municipal Code, initiate the General Plan amendment process to consider clarifying
language to respond to comments from the California Department of Housing and
Community Development; and,
Whereas, the Environmental Administrator has considered the proposed
amending language and determined that the previously certified Mitigated Negative
Declaration adequately addresses the impacts of the Housing Element including these
clarifications and that any development actions undertaken under its policies is subject to
further CEQA review and compliance with stipulated mitigation measures; and,
Whereas, the Housing Advisory Committee conducted a duly noticed public
hearing to receive testimony in favor of or in opposition to the amending language on
August 15, 2001, and upon completion of their consideration forwarded a recommendation
of approval to the Planning Commission and City Council; and,
Whereas, the Planning Commission on September 11, 2001 conducted a
duly noticed public hearing to receive testimony in favorof or in opposition to the amending
language and forwarded a recommendation to approve amended language to the Housing
Element as set forth in General Plan Amendment 01-02; and,
Whereas, the City Council on November 6, 2001 conducted a duly noticed
public hearing to receive testimony in favor or in opposition to the amending language to
the Housing Element asset forth in General Plan Amendment 01-02.
Now, Therefore, Be, It Resolved, the City Council does hereby adopts the
following amended language to the Housing Element of the City's General Plan:
Amend page 48, second paragraph to read as follows:
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"The practice of the City in considering the feasibility of affordable housing
proposals has been to prepare an independent economic proforma
evaluation. For example, the City has waived the provisions of enclosed
garage units to ensure that a affordable project retained economic feasibility
(Season's Apartments). In every instance where a developer has submitted
a plan for an affordable project which provides for a long-term commitment
of units at the low and very low income categories, the City has reviewed the
proforma and, if assistance is necessary to make a project financially
feasible, financial assistance has been forthcoming. If a modification in the
design standards would assist in making the project financially feasible
without creating a public safety problem, it has been facilitated."
2. Page 33, last paragraph, modify to read as follows:
"To address this special group, the City has adopted a special zoning district
(Public Institutional) that provides for these special housing needs, subject
to approval of a conditional use permit. The City has set aside approximately
186 acres for this category. Of this amount, approximately 90 acres are
currently vacant of which approximately 30 acres could be considered a
suitable location for housing for this special group. In addition, there are
additional existing Public Institutional sites that may also be compatible for
this type of housing with adjacent land uses. The purpose of the conditional
use permit process is to address issues based upon a specific location and
potential adverse impacts that may be associated with the establishment of
an emergency shelter. In reviewing the general location of several existing
public institutional sites adjacent to the mission and public elementary
schools, the establishment of such a specific use could create an
incompatible land use based strictly on location. There are other locations
that are currently designated, where consideration of an emergency shelter
would not have the same issues of compatibility. Furthermore, the City has
provided fortransitional housing for small group homes in residential districts
(six or less persons). In addition the City supports regional grant applications
forfunding such facilities along with funding of organizations that are focused
upon serving the needs of this special group."
3. Modify the language under Implementation Plan Policy, H-10, page 60 to read as
follows:
"Amend provisions of the Municipal Code to incorporate a new district
designation for affordable housing projects that is consistent with the parcels
designated Affordable Family/Senior Housing"
Passed Approved, And Adopted, this 6`" day of November 2001.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 01-11-06-03 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 6th day of
November 2001, by the following vote:
AYES: COUNCIL MEMBERS: Bathgate, Campbell, Gelff, Swerdlin and Mayor Hart
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS: None
City Clerk