Resolution Number 07-05-15-05RESOLUTION NO. 07-05-15-05
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING GENERAL PLAN AMENDMENT GPA 06-02
FOR A SENIOR APARTMENT PROJECT (SEASONS II SENIOR
APARTMENT PROJECT)
WHEREAS, Seasons Senior Apartments II L.P, has filed an application with the
City of San Juan Capistrano for approval of a General Plan Amendment and
Architectural Control application for a senior citizen affordable project with 38 apartment
units on approximately 1.2 acres at the corner of Paseo Espada and Rancho Viejo
Road, the legal description being Assessors Parcel 666-241-07; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the
CEQA Guidelines, an Initial Study was prepared for the above -referenced project and
determined that, although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because of the mitigation
measures described in the Initial Study and included in the project or imposed as
conditions of project approval; and, in consideration of the Initial Study findings, the City
Council approved a Mitigated Negative Declaration for the project on November 7,
2006; and
WHEREAS, on March 27, 2007, the Planning Commission of the City of San Juan
Capistrano conducted a duly -noticed public hearing regarding the proposed General
Plan Amendment and forwarded it to the City Council with a recommendation of
approval; and
WHEREAS, on May 15, 2007, the City Council of the City of San Juan Capistrano
conducted a duly -noticed public hearing regarding the proposed project and considered
evidence presented by the Planning Commission, Design Review Committee, City staff,
and other interested parties; and
WHEREAS, zoning and development on the subject property is regulated by the
Ortega Comprehensive Development Plan (CDP) previously adopted pursuant to
Section 9-3.315 of Title 9 of the City's Municipal Code, and the property is situated in
Planning Sector A-1 of the CDP, which includes "senior apartments" as a permitted
principal use; and
WHEREAS, The City Council finds as follows with regard to the General Plan
Amendment:
Page 1 of 4 05/15/2007
1. The property is designated "General Commercial" on the General Plan Map.
Therefore, the project requires a General Plan Amendment to "Affordable
Family/Senior Housing". The proposed designation is consistent with the
project concept and with the adjacent Seasons I project.
2. The proposed designation is more appropriate to the character and location of
the property than the present commercial designation which constitutes an
isolated 'island' of commercial surrounded by senior housing and assisted care
uses.
3. The "Affordable Family/Senior Housing" designation provides for up to 25.0
dwelling units per acre. The proposed project will restrict all units for low and/or
very -low income households for a period of 55 years (the affordability covenant
will run with the land). The Housing Element and City's Municipal Code allows
a 25 percent affordable housing density bonus for eligible affordable housing
projects in accordance with state law (Govt. Code sec. 65915 et seq.). For a
1.2 acre site with an existing density of 25.0 dwelling units per acre, the
applicant is allowed to develop 38 affordable units (i.e. 1.2 acres x 25 x 1.25%),
as proposed.
NOW THEREFORE BE IT RESOLVED, that the City Council hereby:
1. Confirms that the Mitigated Negative Declaration (MND) adopted on
November 7, 2006 remains in effect and applicable to the project, reflecting
the independent judgment of the City of San Juan Capistrano that the project
will not have a significant impact on the environment and that an
environmental impact report shall not be required. Records relating to the
Initial Study and MND are retained in the Planning Department of the City of
San Juan Capistrano.
2. Determines, pursuant to Title 14, California Code of Regulations Section
753.5(c)(1), that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on
wildlife resources of the habitat upon which the wildlife depends. Furthermore,
on the basis of substantial evidence, the City Council finds that any
presumption of adverse impact has been adequately rebutted, and therefore,
pursuant to Fish and Game Code Section 711.4 and Title 14, California Code
of Regulations Section 753.5(a)(3), determines that the project shall not be
required to pay Department of Fish and Game filing fees.
BE IT FURTHER RESOLVED, that, based on the preceding findings, the City
Council hereby approves the General Plan Amendment, changing the land use —
Page 2 of 4 05/15/2007
designation on the property shown on Exhibit "A", attached hereto, from "General
' Commercial' to "Affordable Family/Senior Housing".
i
SAM ALLEVATO, MAYOR
ATTEST:
I�.
A ARET R. MONAHAN, CITY CLERK
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. 07-05-15-05 was duly adopted by
' the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held
the 1 d'ay of May 2007, by the following vote:
AYES: COUNCIL MEMBERS: Nielsen, Uso, Hribar, Soto and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
Page 3 of 4 05/15/2007
RESOLUTION EXHIBIT A: LOCATION OF PROPERTY
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