Resolution Number 10-10-05-03RESOLUTION NO. 10-10-05-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION
AND APPROVING GENERAL PLAN AMENDMENT (GPA)10-02 AMENDING
CERTAIN PROVISIONS OF THE GENERAL PLAN LAND USE ELEMENT
AND COMMUNITY DESIGN ELEMENT REGARDING HOTELS
Whereas, the City Council of the City of San Juan Capistrano has
determined that upscale, high quality and appropriate hotels motels would provide distinct
benefits to the City including the provision of convenient and attractive downtown lodging
for visitors to the historic downtown, Mission San Juan Capistrano, and the Los Rios
Historic District; the establishment of land uses that contribute to the energy and economic
vitality of the City's downtown; the establishment of land uses that strengthen the City's
economic base and fiscal circumstances so as to support the provision of public services to
the City's residents and businesses; and
Whereas, the City Council of the City of San Juan Capistrano has
determined that development standards set forth in the Title 9 Land Use Code do not
encourage the development of hotels because such standards limit the intensity of
potential development to a level which does not allow the needed "critical mass" necessary
to render hotel development as financially feasible and further, may be detrimental to
attracting quality hotels because limits on development intensity do not allow the
development of ancillary support services which are demanded by hotel patrons and are
---- required to make uses market competitive with other hotels in adjoining City's; and
Whereas, an amendment to the Title 9 Land Use Code must be consistent
with goals and policies set forth in the General Plan; and
Whereas, on March 16, 2010 the City Council of the City of San Juan
Capistrano initiated a General Plan Amendment and Title 9 Land Use Code Amendment to
set forth development standards that would encourage the development and support of
quality hotel development; and
Whereas, the General Plan Community Design Element currently authorizes
buildings up to a maximum three stories in height provided buildings not exceed a
maximum thirty-five feet (35'-0"); and
Whereas, the General Plan Land Use Element Table LU -2 (Land Use
Classification System) limits the maximum floor area ratio (FAR) to 0.25:1 (25%) in
Neighborhood Commercial areas, 0.50:1 (50%) in General Commercial areas, and 0.40:1
(40%) in all industrial land use designations; and
Whereas, the General Plan Land Use Element does not provide any express
10-05-2010
or specific policies to encourage the development of hotels within the City; and,
Whereas, the City's Architectural Design Guidelines establish broad,
generalized design policies for the development and design of hotels and motels and there
is a need to further articulate those guidelines to provide additional guidance; and,
Whereas, the Environmental Administrator of the City of San Juan
Capistrano has evaluated the General Plan Amendment Initial Study and has determined
that the project would not have any significant environmental impacts and prepared a
Negative Declaration; and
Whereas, the Planning Commission of the City of San Juan Capistrano
conducted work sessions on July 13 and July 27, 2010 and a duly noticed public hearing
on August 24, 2010 to consider amendments to the General Plan and Title 9 Land Use
Code relating to regulation of hotels and has considered information and testimony
presented by City staff, community residents and other interested parties. The Planning
Commission recommended denial.
Whereas, the City Council conducted public hearings on September 21, and
October 5, 2010 and considered public testimony on the CEQA and zoning entitlements.
NOW, THEREFORE,, BE FURTHER RESOLVED THAT THE CITY
COUNCIL HEREBY FINDS THAT:
1. The proposed General Plan Amendment is consistent with the goals and policies of
the General Plan because it would foster and promote the development of hotel
projects which would contribute to the energy and economic vitality of the City's
downtown and would strengthen the City's economic base and fiscal circumstances
so as to support the provision of public services to the City's residents and
businesses; and,
2. The proposed General Plan Amendment is necessary in order to attract quality
hotels to benefit the City's business community and to accommodate business and
vacation travelers and guests by establishing appropriate use and development
standards for such development; and,
3. The General Plan Amendment would establish revised parameters for a Title 9
Land Use Code Amendment to create new standards that would attract the
development of quality hotels within the City; and
2 10-5-2010
4. The General Plan Amendment would not result in new development that would
negatively impact the public health, safety or general welfare of the City's
businesses and residents because hotels are subject to the City's use and
development standards, subject to extensive public review, and subject to
evaluation under the provisions of the California Environmental Quality Act (CEQA)
Guidelines; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano hereby certifies the Negative Declaration and approves
General Plan Amendment (GPA) 10-02 to amend the Land Use Element and Community
Design Element of the San Juan Capistrano General Plan as follows:
Land Use Element
1. Page 9: Add policy 1.4 to read, "Policy 1.4: Encourage the development of upscale
and high quality hotel uses in appropriate locations to provide lodging for tourists,
guests, travels and business persons in San Juan Capistrano." (as shown on the
attached Exhibit A)
2. Revise Table LU -2 entitled "Land Use Classification System" to add note (c)
following the stated maximum FAR for the Neighborhood Commercial, General
Commercial, Industrial Park, Quasi -Industrial, Light Industrial and Office/Research
park land use designations to read, (added text in bold-Council/underline-staff
format) "0.75:1- maximum allowable floor area ratio (FAR) for Hotels. FAR greater
than that allowed in the zone district pursuant to Table LU -2 up to the
maximum may only be granted at the discretion of the City consistent with the
Title 9 Land Use Code if the project demonstrates superior architectural
design, . is compatible with surrounding areas, and provides significant
benefits to the general public and residents of San Juan Capistrano."
(as shown on the attached Exhibit B.)
Community Design Element
3. Page 9: Amend Community Design Plan --Mission District, third bullet point from top
of page, to read as follows (added text in bold-Councillunderline-staff format).
"Building heights in the Mission District must not overshadow the existing heritage
especially designated historic buildings and sites and building heights shall be kept
to a minimum and should generally not exceed two stories. Three-story elements
should only be considered if the overall height would not exceed a common two-
story structure. Hotels may be developed up to a maximum of three -stories and
forty-five feet (45'01 in height for habitable areas with roof elements and
architectural projections being permitted up to a maximum of fifty-five (55=01 if
appropriately located and designed. The maximum building height may only be
3 10-5-2010
granted at the discretion of the City consistent with the Title 9 Land Use Code
if the project demonstrates superior architectural design, is compatible with
surrounding areas, and provides significant benefits to the general public and
residents of San Juan Capistrano." (as shown on the attached Exhibit C.)
4. Page 9: Amend Community Design Plan --Other Neighborhood Commercial Areas to
add an eighth bullet point to read as follows (added text in bold-Council/underline-
staff format): "Hotels not exceeding 3 -stories and 45=0" in height habitable area
(roof elements and architectural elements permitted up to 55'-0" in height) The
maximum building height may only be granted at the discretion of the City
consistent with the Title 9 Land Use Code if the project demonstrates superior
architectural design, is compatible with surrounding areas, and provides
significant benefits to the general public and residents of San Juan
Capistrano." (as shown on the attached Exhibit C.)
EFFECTIVE DATE & FINAL APPROVAL: The decision of the City Council
shall become final and immediately elle ive u cn.,,adoption of a resolution by the City
Council of the City of San Juan Capistra o. Vl a
PASSED,
5t" day of October, 2010.
)NDRES USO, MAYOR
4 10-5-2010
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 10-10-05-03 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5t" day of
October 2010, by the following vote:
AYExS:AT",
OUNCIL MEMBERS
NOES:OUNCIL MEMBER:
ABSENOUNCIL MEMBER
MrA
Allevato, Hribar, Nielsen, Freese and Mayor Uso
None
None
A
10-5-2010
EXHIBIT A
Land Use Element
Policy 1.2: Encourage commercial, tourist -oriented, and industrial development that
is compatible with existing land uses within the City to improve the generation of
sales tax, property tax, and hotel occupancy tax.
Policy 1.3: Encourage mixed commercial and residential use projects in the Mission
District downtown area to conserve land and provide additional housing
opportunities and population to support commercial services and retail sales.
Policy 1.4. Encourage the development of upscale and high quality hotel uses in
ELp12Mriate locations to provide lodging for tourists guests, travels and business
persons in San Juan Capistrano.
Control and
Direct Growth San Juan Capistrano, as well as the surrounding region, has experienced substantial
growth over the past 25 years. New development brings change, and a changing
community character. While recognizing that change is inevitable, the community is
still able to plan and guide future development so that it complements the existing
community, and enhances the existing character and themes found in San Juan
Capistrano.
Land Use Goal 2: Control and direct future growth within the City to preserve the
rural village -like character of the community.
Policy 2.1: Continue controlling growth through the •implementation of the City's
residential growth management program.
Policy 2.2: Assure that new development is consistent and compatible with the
existing character of the City.
Policy 2.3: Ensure that development corresponds to the provision of public facilities
and services.
Policy 2.4: Development at an intensity or density between the average and
maximum levels can occur only where projects offer exceptional design quality,
important public amenities or benefits, or other factors that promote important goals
and policies of the General Plan.
Population Distribution
and Open Space Land use density varies depending upon the ability of the specific land to support
residential development. Development in the flat lands in the valley floor, if located
outside of the floodplain, creates lower risks to residents in comparison to the
hillsides which are subject to landslide and erosion. As a result, higher densities of
population could be allocated to those areas posing lower risks.
Land Use 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.
December 14, 1999 9 San Juan Capistrano General Plan
EXHIBIT A
Land Use Element
Table LU -2
Land Use Classification Svstem
(a) Maximum allowable level of development standard for individual parcels of land.
(b) Assumed overall average level of development. Since the development which has occurred to date
has not reached the maximum allowed level of density or intensity on every parcel of land, future
development is expected to be less than the maximum on a city-wide basis. Therefore, an average
level of density/intensity is used when projecting: 1) total future dwelling units/population for
residential development; and 2) future square footage for non-residential development where floor
area is used as a measurement of building intensity.
December 14, 1999 18 San Juan Capistrano General Plan
Exhibit B
Dwelling
Units Per
Average
Gross Acre
Dwelling
Range or
Units/Acre or
Maximum
Average
Major Land
Floor Area
Floor Area
Land Use Designation and
Use Groupings
Ratio a
Ratio b
Summary Description
0.25:1 Lc)
0.20:1
3.0 Neighborhood Commercial - Retail, office, and service-oriented
business activities serving a local community area and population.
3.1 General Commercial - Retail, office, and service-oriented
Commercial
0.50:1 (c)
0.30:1
business activities serving a community -wide area and population or
broader market..
4.0 Industrial Park - Light industrial and manufacturing uses.
0.40:1(c)
0.30:1
Allowable uses include wholesale businesses, light manufacturing
and assembly, research and development, warehousing and storage,
and distribution and sales.
4.1 Quasi -Industrial - Light industrial and' manufacturing uses,
0.40:1 (c)
0.30:1
including those allowed in the Industrial Park designations. Also
allows variety of regional and sub -regional commercial activities,
such as vehicle sales and large box retail.
0.10:1
0.05:1
4.2 Agri -Business - Agricultural crop production and sales, and
Industrial
animal breeding, boarding, raising and training.
4.3 Light Industrial - Light industrial and manufacturing uses.
0.40:1 (c)
0.30:1
Allowable uses include research & development light manufacturing
and processing, offices, warehousing and storage, and high
technology production.
4.4 Office/Research Park - Single -tenant and multi -tenant offices,
0.40:1 (c�
0.25:1
including legal, medical, financial, administrative, R&D, corporate
and general business.
0.40:1
0.25:1
5.0 Public & Institutional - Schools, churches, fire stations,
community centers, utility substations, and office complexes.
Public/
0.30:1
0.25:1
5.1 Existing Public Schools - Existing public schools.
0.30:1
0.25:1
5.2 Potential Public Schools - Future public schools.
Institutional
0.40:1
0.40:1
5.3 Assisted Care Facilities - Specialized care and housing facilities
for seniors and persons requiring special medical housing.
Special Study - Areas that have unique features, environmental
Varies
conditions, and/or development constraints requiring special
Varies
regulations or standards designed to address or preserve those
conditions.
Specific Plan/Precise Plan - Areas governed by a specific plan or
Special
Varies
precise plan adopted prior to development.
Varies
Planned Community - Denotes large areas of land under single or
Varies
common ownership for detailed planning and development for
Varies
residential, commercial, industrial, public/institutional, recreation and
open space uses.
(a) Maximum allowable level of development standard for individual parcels of land.
(b) Assumed overall average level of development. Since the development which has occurred to date
has not reached the maximum allowed level of density or intensity on every parcel of land, future
development is expected to be less than the maximum on a city-wide basis. Therefore, an average
level of density/intensity is used when projecting: 1) total future dwelling units/population for
residential development; and 2) future square footage for non-residential development where floor
area is used as a measurement of building intensity.
December 14, 1999 18 San Juan Capistrano General Plan
Exhibit B
Land Use Element
(c) "0.75:1 - maximum allowable floor area ratio (FAR) for Hotels FAR greater than that allowed in the
zone district pursuant to Table Lu -2 up to the maximum may only be granted at the discretion
of the City consistent with the Title 9 Land Use Code if the project demonstrates superior
architectural design, is consistent with surrounding areas, and provides significant benefits to
the general public and residents of San Juan Capistrano.",
December 14, 1999 18 San Juan Capistrano General Plan
December 14, 1999
EXHIBIT C
Community Design Element
• Consideration of specialty design themes for certain portions of
the Mission District; and
• Building heights in the Mission District must not overshadow the
existing heritage; building heights shall be kept to a minimum
and should generally not exceed two stories. Three story
elements should only be considered if the overall height would
not exceed a common two-story 'structure. Hotels may be
developed up to a maximum of three -stories and forty-five feet
(45'-0") in height for habitable areas with roof elements and
architectural projections being permitted up to a maximum of
fi -five 55'-0"L appropriately located and designed. The
maximum building height may only be granted at the
discretion of the City consistent with the Title 9 Land Use
Code if the project demonstrates superior architectural
design, is compatible with surrounding areas, and provides
significant benefits to the general public and residents of San
Juan Capistrano.
Other Neighborhood Commercial Areas
Understanding that not all commercial activity will occur within the
downtown area, the criteria which follow will ensure that those
neighborhood commercial centers located throughout the community
blend into the environment and enhance the surrounding community:
• Emphasis on clustering commercial activities;
• Development of integrated centers, with emphasis on pedestrian
access and useable open spaces;
• Building designs that are sensitive to view from all sides;
• Sensitivity to the natural contours of the site;
• Appropriate use of screening materials for peripheral areas;
• Adequate parking area landscaping; and
• Upgrading of existing commercial areas.
• Hotels .not exceeding. 3 -stories and .45'-0" in height habitable
area (roof elements and architectural elements permitted up to
55'-0" in height) The maximum building height may only be
granted at the discretion of the City consistent with the Title
9 Land Use Code if the project demonstrates superior
architectural design, is compatible with surrounding areas,
and provides significant benefits to the general public and
residents of San Juan Capistrano.
Permanent Open Space
With 40 percent of the City preserved for permanent open space,
open space areas form a large part of the visual character of the
community. The subsequent Permanent Open Space criteria help to
preserve and protect this resource from surrounding development:
9 San Juan Capistrano General Plan
Exhibit C
EXHIBIT C
Community Design Element
• Development of an integrated bicycle, pedestrian and equestrian
trails system in open space areas;
• Imposition of strong design controls on uses adjacent to open
space areas;
• Maintenance of Trabuco, San Juan and Oso Creeks in as natural
a state as possible while protecting life and property; and;
• Development of incentives that encourage designs integrated
with permanent open space features.
December 14, 1999 9 San Juan Capistrano General Plan