Resolution Number 00-3-7-8205
RESOLUTION NO. 00-3-7-8
APPROVING DENSITY BONUS ALLOCATION - VILLA PALOMA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING PLANNING COMMISSION
APPROVAL OF A NEGATIVE DECLARATION AND APPROVING A
DENSITY BONUS ALLOCATION FOR AN EXISTING 1.9 -ACRE PARCEL
LOCATED AT 27191 PASEO ESPADA AND MORE PRECISELY
REFERRED TO AS ASSESSOR'S PARCEL NUMBER 666-241-06 (VILLA
PALOMA)
WHEREAS, Willow Partners, LLC, have requested City Council approval of
a density bonus allocation per Section 9-3.511 of Title 9, Land Use, to allow a maximum
gross density of forty-four dwelling units per acre, and have previously received Planning
Commission conditional approval of preliminary plans to construct an eighty -four -unit,
affordable senior housing project on an existing 1.897 -acre parcel located at 27191 Paseo
Espada in the Ortega Planned Community; and,
WHEREAS, the proposed project has been processed pursuant to Section
9-2.301, Development Review, of the Land Use Code; and,
WHEREAS, on January 25, 2000, the Environmental Administrator reviewed
the project and initial study prepared pursuant to Section 15063 of the California
Environmental Quality Act Guidelines and, pursuant to Section 15070 of the California
Environmental Quality Act Guidelines, issued a negative declaration and caused a Notice
of Negative Declaration to be posted pursuant to Section 15072 of the California
Environmental Quality Act Guidelines; and has otherwise complied with all applicable
provisions of the California Environmental Quality Act; and,
WHEREAS, the City Council has considered the Environmental
Administrator's determination and the Planning Commission's action on the environmental
determination pursuant to Section 15074 of the California Environmental Quality Act; and,
WHEREAS, the Planning Commission conducted a duly -noticed public
hearing on February 22, 2000, pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed project and recommended City Council approval
of a density bonus allocation; and,
WHEREAS, the City Council conducted a duly -noticed public hearing on
March 7, 2000, pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings:
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1. The proposed project will be consistent with the policies and objectives
of the San Juan Capistrano General Plan, specifically, the Land Use Element, subject to
City Council approval of the General Plan Amendment because the "2.6, Affordable
Family/Senior Housing" General Plan designation allows residential densities which are
appropriate to the application of density bonus provisions; and,
2. The proposed project is consistent with the policies and objectives of
the San Juan Capistrano General Plan, specifically, the Housing Element, because the
density bonus allocation will assure the provision of 100% affordable dwelling units which
far exceeds the affordability requirements of Section 9-3.511 of Title 9, Land Use Code,
and by doing so, meets thirty (30%) percent of the City's affordable housing objective over
the next five years; and,
3. The proposed project is consistent with the provisions of Section 9-
3.511 of Title 9, Land Use, because the project will establish a recorded "Affordable
Housing Agreement" to the benefit of the City which meets or exceeds the length of term
and the extent of affordability provisions established by the Code; and,
4. The proposed project is consistent with the provisions of
Comprehensive Development Plan 78-1, Ortega Planned Community, which classified
"senior apartments" as a permitted, principal use for the property.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano hereby confirms Planning Commission approval of a Negative Declaration; and
furthermore, hereby approves the proposed project with a density bonus allocation to allow
a maximum of forty-four (44) dwelling units per acre consistentwith Section 9-3.511 of Title
9, Land Use, subject to the project recording the City -approved "Affordable Housing
Agreement" as provided by Exhibit "A," on file in the office of the City Clerk, subject to the
following condition:
1. Prior to issuance of any building permit, the project shall provide
satisfactory evidence of having recorded the City -approved Density Bonus Agreement with
the County of Orange Recorder's Office to the satisfaction of the Planning Director or his
designee.
PASSED, APPROVED, AND ADOPTED this 7th day of March, 2000.
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. nn-,-j-7-R adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 7th day of
March , 2000, by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNS01f, CITY CLERK
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