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Resolution Number 11-02-15-02RESOLUTION NO. 11-02-15-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 7, 2011, FOR SUBMISSION OF CITY COUNCIL RESOLUTION NO. 10-11-02-02 APPROVING A GENERAL PLAN AMENDMENT (GPA) 07-01 FOR A MIXED-USE PLANNED COMMUNITY LOCATED ALONG THE NORTH AND SOUTH SIDES OF LA NOVIA AVENUE EAST OF VALLE ROAD (DISTRITO LA.NOVIA-SAN JUAN MEADOWS), TO THE VOTERS OF THE CITY WHEREAS, THE City Council adopted Resolution No. 10-11-02-02 on November 2, 2010, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT (GPA) 07-01 FOR A MIXED-USE PLANNED COMMUNITY LOCATED ALONG THE NORTH AND SOUTH SIDES OF LA NOVIA AVENUE EAST OF VALLE ROAD (ASSESSORS PARCEL NUMBER(S): 666-312-01 & 02; 666.292-01, 02 & 06 (DISTRITO LA NOVIA-SAN JUAN MEADOWS)"; and WHEREAS, a referendum petition protesting the City Council's action was filed with the City Clerk on December 2; 2010, within the 30 days of adoption of Resolution No. 10-11-02-02, as provided by Election Code 9237. The petition protesting Resolution 10-11-02-02 requests that it be repealed by the City Council or submitted to a vote of the people, as prescribed by law. WHEREAS, the City Clerk certified the petition as it contained at least 10% of the signatures of registered voters of the City of San Juan Capistrano, and WHEREAS, California Election Code 9241 provides the City Council with the option of submitting the protested action to the voters at a special municipal election; NOW, THEREFORE, BE IT RESOLVED, SECTION 1. That the City Council pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following question: Page 1 of 3 02/15/2011 SHALL RESOLUTION 10-11-02-02 APPROVING A Y GENERAL PLAN AMENDMENT REDESIGNATING E THE 9.1 ACRE WESTERLY PORTION OF THE S DISTRITO LA NOVIA SITE FROM "SPECIFIC PLAN" TO "PLANNED COMMUNITY" AND ESTABLISHING LAND USES FOR THE 153.8 ACRE DISTRITO LA NOVIA-SAN JUAN MEADOWS PLANNED COMMUNITY LOCATED WEST OF VALLE ROADAT 7% GENERAL COMMERCIAL, 3% HIGH DENSITY RESIDENTIAL, 44% .OPEN SPACE RECREATION, N 28% LOW DENSITY RESIDENTIAL., AND 18% NATURAL OPEN SPACE, BE APPROVED? SECTION 2. That the proposed complete text of Resolution 10-11-02-02 be submitted to the voters for approval as attached hereto as Exhibit A. SECTION 3. That the ballots be used at the election shall be in form and content as required by law. SECTION 4. That the Election Official is authorized and instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at 7:00 o'clock a.m. of the and shall remain continuously from that time until 8:00 p.m. of the same day when the polis shall be closed, except as provided in section 14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in the resolution, the election shall be Feld and conducted as provided by law for holding municipal elections. SECTION 7. That notice of time and place of holding the election is given and the City Clerk is authorized and instructed and directed to give further or additional notice of the election, in time, form and matter as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Page 2 of 3 02/15/2011 PASSED, APPROVED AND ADOPTED on the 15th day of February 2011. AM LEVATO, MAYOR 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. 11-02-15-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 15th day of February 2011, by the following vote: AYE OUNCIL MEMBERS NOE OUNCIL MEMBER: ABS NT OUNCIL MEMBER: ;, d Freese, Reeve, Taylor, Kramer and Mayor Allevato None None Page 3 of 3 02/15/2011 RESOLUTION NO. 10-11-02-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT (GPA) 07-01 FOR A MIXED-USE PLANNED COMMUNITY LOCATED ALONG THE NORTH AND SOUTH SIDES OF LA NOVIA AVENUE EAST OF VALLE ROAD (ASSESSORS PARCEL NUMBER(S): 666-312-01 & 02; 666-292-01, 02 & 06)(DISTRITO LA NOVIA-SAN JUAN MEADOWS) Whereas, Advanced Real Estate Services (ARES) has requested approval of a planning applications and a Development Agreement for a project comprising two sites, including the 18.7 acre Distrito La Novia site and the 135.1 acre San Juan Meadows site. Together, the two sites comprise a 153.8 acre project and would combine the San Juan Meadows site and the Distrito La Novia site into a single. project. The Distrito La Novia site development proposes a mixed-use development on the 18.7 acre Distrito La Novia property including. .75,100 gross square feet (68,200 net square feet) of commercial -retail use, 32,000 gross square feet (27,500 net square . feet) of office use, and 140 residential units (90 for -sale condominiums & 50 rental apartments). The Meadows -site proposes 94 single-family detached (SFD) dwelling units and a 775 -horse equestrian center; and, Whereas, the General Plan Land Use Element designates the westerly 9.1 acres of the Distrito La Novia property as "Specific Plan/Precise Plan" and the easterly 9.7 acres as "PC" (Planned Community) and the 1983 EI Parador Specific Plan would allow the development of a 300 -room hotel and conference center (160,000 GSF) including support facilities (e.g., convention/banquet facilities, restaurant and coffee shop; small retail shops incidental to the hotel, and support services such as administrative offices, laundries, etc.). Whereas, the General Plan Land Use Element designates the San Juan Meadows component of the proposed project as "Planned Community' (PC) and comprises "The Mesa" portion of the Forster Canyon Planned Community/Comprehensive Development Plan (CDP 81-01) 'which would allows for the development of a 275 single-family detached (SFD) lots, and 165 -senior apartments; and, Whereas, on May 6, 2008, the City Council adopted Resolution 08-05-06-06 initiating the General Pian Amendment (GRA) study process with respect to the Distrito La Novia- San Juan Meadows project to study the proposed General Plan Amendments to the Land.Use Element's land use' designations and the Circulation Element; and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has required preparation of an environmental impact report pursuant to Section 15081 of those Guidelines; has issued the Notice of Preparation pursuant to Section 15082 of those guidelines, has overseen the preparation of the draft environmental impact report prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 15085 of those Guidelines, has provided for public review of the draft environmental impact report pursuant to Section 15087 of those guidelines; reviewed all comments and prepared responses to comments pursuant to Section 15088 of those guidelines; has otherwise compiled with all applicable provisions of the California 1112!20'10 Environmental Quality Act (1970); and all mitigation measures have been included in a Mitigation Monitoring Reporting Program (MMRP); and, Whereas, the Design Review Committee conducted public workshops or meetings on June 5, 2008; August 21, 2008; November 20,2008; and December 17, 2009 pursuant to Title 9, Land Use Code to consider the proposed project and to consider public testimony on the proposed project; and, . Whereas, the Transportation Commission conducted a public meeting on December 9, 2009 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures to consider the proposed project and to consider public testimony on the proposed project; and, Whereas, the Park, Recreation & Equestrian Commission conducted a public meeting on January 18, 2010 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures to consider the proposed project and to consider public testimony on the proposed project; and, Whereas, the Housing Advisory Committee conducted a public meeting.on January 27, 2010 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures to consider the proposed project and to consider.public testimony on the proposed project. Whereas, the Planning Commission conducted duly -noticed public hearings on February 23, March 9, March 23, April 13 and April 27, 2090 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider the environmental determination: and documentation pursuant to Section 15074 of the California Environmental Quality Act, and to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby finds and determines that: 1:- The proposed project will be consistent with the goals, policies, and recommendations of the General Plan Land. Use Element because the proposed amendments to the land use designations would furtherthe achievement of and be consistent with the following General Plan goals and policies: The proposed project will be consistent with Land Use Goal 1 which states.that the City will "Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility forprovision and maintenance ofpublic services and facilities" because the proposed project would develop more diverse commercial and residential land uses that would contribute to a more balanced land use pattern and generate sufficient revenues to support needed public services; and, The proposed project will be consistent with Policy 1.1 which states that the City will "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" because the proposed project would allow the development of estate residential uses, commercial uses, equestrian uses, and commercial office use that would provide a balance or surplus of public revenues to support necessary public services; and,. 2 11/212010 . The proposed project will be consistent with land Use Goal 2 which states that the City will "Control and direct future growth within the City to preserve the rural village -like character of the community" because the proposed project'would direct proposed development within areas of the community previously designated by the City Council for "PC" (Planned Community) development; and, The proposed project will be consistent with Policy 2.2 which states that the City will "Assure that new development is consistent and compatible with the existing character of the City' because the proposed project has been designed in a manner consistent and compatible with the existing character of the City through clustering the most intensive development on the "Distrito" site, limiting the development of the "Meadows" site to low-density residential and commercial equestrian use, and increasing the amount of open space, especiallybpen space proposed on the "Meadows" site through the replacement of approved residential development with commercial equestrian development; and, The proposed project will be consistent with Policy 2.3 which states that the City will "Ensure.that development corresponds to the provision of public facilities and services" because the. proposed project would be required to construct certain backbone infrastructure for water, recycled water, storm drainage, and sanitary sewer; construct certain off-site street improvements consistent with the General Plan Circulation Element; and, provide for recordation of an. irrevocable offer of dedication for the 2505 non-domestic reservoirsite;.and, The proposed project will be consistent with Land Use Goal 4 which states that the City will "Preserve major areas of open space and natural features" because the proposed project would introduce commercial equestrian use into the "Meadows" site; substantially increase the amount of open space acreage; and reduce approved residential development on the "Meadows" site from 440 dwelling units to 94 dwelling units; and, The proposed project will be consistent with Policy 4.3 which states that the City will "Preserve designated ridgellnes and the immediate adjacent area to maintain the open space character of the community," because the proposed project would maintain the natural slopes on the "Meadows" site belowthe General Plan -designated ridgelines, as permanent open space and substantially increase the acreage of open. space by replacing approved residential development with proposed commercial equestrian use; and, The proposed project will be consistent with Parks & Recreation dement Goal 2.which states that the City will "Develop and expand the existing bicycle, hiking, and equestrian trail system and facilities" because the proposed project would construct and dedicate public easements over privately -maintained General Plan multi -use trails connecting the San Juan Creek corridor to the City's open space lands to the south of the project; and, The proposed project will be consistent with Parks & ' Recreation Element Policy 2.1 which states that the City will "Develop and expand the existing trails network that supports bicycles, pedestrians, and horses, and coordinate linkages with those networks of adjacent jurisdictions" because the proposed project would develop and expand the City's' public trail network and construct multi -use trail improvements that would serve hikers, runners, bikers and equestrians; and, 3 11!21201© The proposed project will be consistent with Parks & Recreation Element Policy 2.2 which states that the City will "Preserve the equestrian lifestyle by designating land for the preservation orprovision of new equestrian facilities" because the proposed project would develop, a commercial equestrian facility substantially adding to the City's available equestrian facilities. 2. The proposed project will be consistent with the goals, policies, and recommendations of the Circulation Element because the Draft Environmental Impact Report (EIR) traffic analysis specifically evaluated the proposed deletion of Street "A" to determine impacts to the City's arterial street system and found that with other proposed intersection and street widening improvements, the proposed deletion, would maintain a minlmurm "D" LOS on other affected arterial streets. Further, because the Pacifica San Juan project included a street connection between 'Forster Canyon" and Valle Road, additional capacity and continuity was provided that essentially compensates for this proposed amendment to the Master Plan of Streets & Highways. 3. The proposed project will be consistent with the goals, policies, and recommendations of the General Plan Housing Element because the Comprehensive Development Plan for Distrito La Novia-San Juan Meadows includes an Affordable Housing Opportunities Program- (AHOP) requiring the development of twenty-six (26) affordable dwelling units and the project will be required to enter into and record covenants to assure continued affordability for designated dwelling units for a period. of at least 55 years. 4. The proposed project will be consistent with the goals, policies, and recommendations of the General Plan Paries & Recreation Element because the Master Plan of Trails (Figure PR -1) establishes planned future trail extensions and calls for a General Plan multi -use trail connection linking the San Juan Creek corridor to the City's open space lands to the south of the "Meadows" site, through the "Distrito" and "Meadows" sites. Furthermore, the proposed project development plans include provisions for dedicating the necessary public access easements and constructing this planned trail link. In addition to the trail, the applicant has proposed two separate rest areas, one on. the "Distrito" site and one on the "Meadows site, to serve trail users. 5. The proposed project will be consistent with the goals, policies, and recommendafions of the General Plan Public Services Element which directs that the City will "Provide sufficient 'levels of water and sewer service to meet the needs of the community' because the proposed project will be required to construct -the necessary backbone infrastructure to serve the project consistent with the Domestic Water Master Plan (DWMP), Non -Domestic Water Master Plan (NDWMP), Master Plan of Drainage and other facility plans. Furthermore, the project will be required to record an irrevocable offer of dedication for the future planned 2545 reservoir site located in the general vicinity of the boundary between the Pacifica San Juan project and the "Meadows" site. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the General Plan Amendment (GPA) for the proposed "Distrito La Novia-San Juan Meadows" project as provided by Exhibits "A" and "B", attached hereto and incorporated herein. 4 ' 11/2/2010 PASSED, APPROVED AND ADOPTED Ithis 2'd 4 0 NNovember, 2010, by the following vote, to wit: fi— )R. LONDRn USO, MA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No, 10-11-02-132 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof; held the 2" day of November 2010, by the following vote: AYES:UNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso NOES: UNCIL Il�IEMBER: None ABSEN : UNCIL MEMBER: None S, 5 '1.1=010 I project site Exhibit "A" General Pian Amendment (GPA) 07-01, Distrito La. Novia-San Juan Meadows Amending the General Plan Land Use Element land use designation of the 9.1 acre westerly portion of the Distrito La Novia site (former "El Parador" Hotel site) (APN: 666-292-01, 02 & 04 and a portion of the San Juan Creek Road right-of-way) from "Specific Plan" to "Planned Community." Exhibit "B" . Table LU -3 Planned Communities: Allowable Uses Guideline 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.) Oso Ranch Planned Community 40% Public Institutional 30% Affordable Family/Senior Housing 30% Medium Density Residential Pueblo Serra Planned Community 100% Office/Research Park (with support accessory uses such as hotel, food services, etc.) Whispering Hills Planned Community 100% Very 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 Recreation 39% General Open Space 4% Public Institutional Distrito La Novia-San Juan Meadows 7% General Commercial Planned Community -'153.8 acres 3% High Density Residential 44% Open Space Recreation 28% Low Density Residential 18% Natural Open Space