Ordinance Number 458ORDINANCE NO. 458
AMENDMENT TO FORSTER CANYON PLANNED COMMUNITY
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE FORSTER CANYON PLANNED
COMMUNITY ADOPTED BY ORDINANCE NO. 418
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
1. The City's Environmental Review Board has reviewed
the subject -amendment application, has determined
that the project will have a significant effect on
the environment, has required the preparation of
an Environmental Impact Report, and has otherwise
carried out all requirements of the California
Environmental Quality Act. (The Environmental
Impact Report prepared for the project has been
certified as adequate.)
2. The proposed amendment is consistent with the land
use, circulation and other designations shown for
the property in the General Plan. The proposed
amendment to the Forster Canyon Planned Community
is otherwise consistent with the goals and policies
of the General Plan.
3. The development of the property under the proposed
amendment will conform to the development standards
and other applicable provisions of Ordinance No.
418.
4. A duly noticed public hearing has been held to
receive and consider public testimony regarding
the proposed amendment.
SECTION 2. Amendment.
Based on the findings set forth in Section 1, preceding,
the City Council ordains that Ordinance No. 418
heretofore adopted for the Forster Canyon Planned
Community on March 3, 1981, by Ordinance No. 418 be
amended. Said amendment is as follows:
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4 2 "HOUSING OPPORTUNITIES PROGRAM
��LL ffav��I "Introduction and Basic Requirements
"This Comprehensive Development Plan (CDP) recognizes
the desired objective to provide housing opportunities
for all income groups, both on a community and regional
scale. This Housing Opportunities Program has been
designed to: (1) provide opportunities for persons of
a wide range of income levels to live in San Juan
Capistrano; (2) maintain the diversity of income levels
of persons living in San Juan Capistrano; and (3)
continue to provide the City's fair share of the region's
supply of affordable housing.
"Ten percent (10%) of the total number of dwelling
units in the project shall be designated as affordable
dwelling units. 'Affordable dwelling units'
shall be defined as newly constructed dwelling units
which are made available for occupancy by low- and
moderate -income households. Low-income households
shall be those receiving less than 80 percent of the
median Orange County family income; moderate -income
households shall be those receiving 80-120 percent.
Median Orange County income shall be as established by
the U.S. Department of Housing and Urban Development.
"Implementation
"A. Development of the Housing Opportunities Program
"As a condition of approval of the first tentative
map for the project, the developer shall submit a
Housing Opportunities Program for the entire PC.
This document shall be reviewed and approved prior
to or concurrent with the tentative map review and
shall specify the type of program, provide a
timetable for implementation, outline marketing
methods, indicate the nature and timing, if any,
of the public agency involvement, and designate
the method of selecting affordable dwelling
units.
"B. Methods
"The approved Housing Opportunities Program
may be implemented by any of the following methods:
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1. The affordable dwelling units may be offered
for sale to persons who are eligible for a
housing assistance program sponsored by a
public agency.
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F
112. The affordable dwelling units may be offered 43
for sale to any public agency, which
thereafter may: (a) subsidize the first
resale and control subsequent resales; or (b)
rent the units to persons who are eligible
for housing assistance payments.
"3. The affordable dwelling units may be offered
to private investors as rental units under
the provisions of Section 8 of the Federal
Housing Act of 1974 or a similar rent
supplement program as approved by the City.
Designated units shall be offered only to
investor -buyers who commit to participation
in such rent supplement program prior to
purchase.
"4. The affordable dwelling units may be provided
for occupancy by qualified persons under any
other workable program approved by the City
and the developer, whether or not it requires
a public subsidy.
"C. Holding Period for Affordable Dwelling Units
"Affordable dwelling units in a particular
development parcel subject to this CDP are to be
available for sale and remain available for sale
as provided for in paragraph.A, preceding, until
all other units in such development parcel not
designated as affordable dwelling units are sold.
After the sale of the last such non -designated
unit, the remaining designated affordable dwelling
units shall remain available for sale as part of
the Housing Opportunities Program (per paragraph A)
but may also be offered for sale to the general
public. However, in order to offset the loss of
such units, the City may require that up to an
equal number of new affordable housing opportunity
units be designated in other development parcels
subject to the Housing Opportunity Program. It is
the intent of this program to limit the maximum
number of affordable units in any one parcel to 20
percent of the total number of units in the parcel
(unless otherwise previously agreed upon between
the City and developer). In the event that the
last development parcel is constructed and the
accumulated number of affordable units exceeds 20
percent, then the numerical affordable unit
requirement shall be reduced to not more than 20
percent of the last development parcel's total.
Furthermore, if the remaining number of affordable
units in the last designated parcel are not
obtained by participating, eligible families, then
the developer may sell the remaining designated
units as the market allows.
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"D. No Developer Subsidy or Financial Assistance
"The Housing Opportunity Program shall not require
the developer to subsidize the construction or
sale price of any affordable dwelling unit.
"E. Division of Responsibilities
"It is the responsibility of the developer to
produce a Housing Opportunities Program as outlined
in paragraph A above. If, after approval of the
program, the City cannot provide the funds or
mechanisms to assist in the implementation of the
program in accordance with the time schedule
contained in the approved Housing Opportunities
Program, the developer shall be released from the
requirements set forth in this section."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 18th day of
May , 1982 , by the following vote, to wit:
ATTEST:
ITY CLE
r'
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
AWRENCE F. kCHHEIM, MAYOR
SC