Ordinance Number 973 ORDINANCE NO. 973
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION
AND APPROVING CODE AMENDMENT(CA) 10-01 TO AMEND THE TITLE
9 OF THE LAND USE CODE REGULATING HOTELS BY ADDING SECTION
9-3.524 RELATING TO HOTELS; AMENDING SECTION 9-3.303,
TABLE 3-4,AND AMENDING SECTION 9-3.305, TABLE 3-6 TO DESIGNATE
HOTELS AND EXPAND THE ZONE DISTRICTS IN WHICH HOTELS ARE
AUTHORIZED PURSUANT TO A CONDITIONAL USE PERMIT; AND
AMENDING SECTION 9-3.335, TABLE 3-34 TO
SET FORTH NEW OFF-STREET PARKING REQUIREMENTS FOR
HOTELS AND MOTELS
Whereas, the City Council of the City of San Juan -Capistrano has
determined that upscale and appropriate hotels 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, on March 16, 2010 the City Council of the City of San Juan
Capistrano initiated a General Plan Amendment and Zoning Code (Text) Amendment to
set forth development standards that would encourage the development and support of
quality hotel development; and
Whereas, the Environmental Administrator of the City of San Juan
Capistrano has evaluated the Title 9 Land Use Code Amendment Initial Study and has
determined that Code Amendment (CA) 10-01 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, and.
recommended denial; and
Whereas, in conjunction with this action, the City Council of the City of San
Juan Capistrano has adopted a resolution entitled: 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; and
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Whereas, the City Council of the City of San Juan Capistrano determines
that amending Title 9 Land Use Code of the San Juan Capistrano Municipal Code as
follows, is required for public convenience, necessity and general welfare:
• Add new Supplemental District Regulations Section 9-3.524 Hotels that regulate
floor area ratio (FAR) not to exceed 0.651, building height not to exceed three
stories and 45 feet habitable area (55 feet roof and architectural elements), first to
second and third floor FAR ratios determined by the Planning Commission, parking
requirements, noise, lighting, setbacks, parking lot landscaping, and outside
storage.
• Amend Section 9-3.303 Table 3-4, and Section 9-3.305 Table 3-6 to authorize
hotels in TC, GC, NC, OC, CM, and IP zones pursuant to a conditional use permit
and add a note that reads "in accordance with provisions of Section 9-3.524".
• Amend Section 9-3.535 Parking, Table 3-34, second column to read:
"1 space per guest room:
The Planning Commission may require additional spaces for accessory uses to
include but not be limited to restaurants and ban quet/conference/meeting facilities;
Parking standards may be reduced with a parking study and/or shared parking
agreement"; and
• Amend Appendix A Definitions, Hotel to read:
Hotel:A residential building designed,or used to be rented for occupancy by guests
for dwelling, lodging, or sleeping purposes for a period of 30 consecutive calendar
days or less containing six (6) or more guest rooms or suites of rooms, but not
including any building in which human beings are housed or detained under legal
restraint or which is used as a drug of other rehabilitation center. Typical incidental
uses may include meeting rooms, restaurants and recreation facilities to serve hotel
guests. Access to guest rooms shall be from a lobby or hallway interior to the
buildings and guest rooms shall not have direct access from parking areas.
Whereas,the City Council of the City of San Juan Capistrano has considered
the Initial Study and proposed Negative Declaration prepared by the Environmental
Administrator; and
Whereas, the City Council of the City of San Juan Capistrano, pursuant to
Municipal Code Section 9-2.309, hereby makes the following required findings:
A. The proposed Land Use Code amendment conforms with goals and policies of the
General Plan.
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Code Amendment (CA) 10-01 Hotels is being considered simultaneously with
General Plan Amendment(GPA) 10-02 Hotels. GPA 10-02 would establish Policy
1.4 in the Land Use Element to read as follows: "Encourage the development of
upscale and high quality hotel uses in appropriate locations to provide lodging for
tourists, guests, travelers, and business persons." GPA 10-02 would also increase
the maximum Floor Area Ratio for Hotels in the Neighborhood Commercial, General
Commercial, Industrial Park, Quasi-Industrial, Light Industrial and Office/Research
Park land use designations to 0.75:1. Pursuant to GPA 10-02, it is also proposed
that certain provisions be added to the Community Design Element of the General
Plan to specifically provide for the development of Hotels to a maximum height of
three stories and 45 feet with roof elements and architectural projections being
permitted up to a maximum of 55 feet if appropriately located and designed. CA 10-
01 would establish development standards that encourage and facilitate the
development of upscale and high quality hotel uses in the Tourist Commercial(TC),
Neighborhood Commercial (NC), General Commercial (GC), Office Commercial
(OC), Commercial Manufacturing (CM), and Industrial Park (IP) zone districts,
subject to Planning Commission approval of a conditional use permit, development
standards and appropriate conditions of approval. It would also limit maximum floor
area ration (FAR) to 0.65:1 and provide that Hotels shall not exceed a maximum of
three stories and a habitable area height of forty-five feet (45'-0') from finished
grade, provided that roof elements and architectural projections maybe permitted to
a maximum height of fifty-five feet(55'-0°) from finished grade. Accordingly, if GPA
10-02 is adopted, CA 10-01 will be consistent with the General Plan.
B The proposed Land Use Code amendment is necessary to implement the General
Plan and to provide for public safety, convenience, and/or general welfare.
The City Council has determined that "upscale, high quality and desirable"hotels
would be a benefit to residents, visitors, the general public, and the City, and
therefore initiated GPA 10-02. Upscale overnight accommodations with restaurants,
meeting spaces and amenities would be an appropriate land use if properly
regulated to mitigate potential impacts. The City cannot control the price of real
estate or the dynamics of the regional economy, but can encourage quality hotel
uses through reasonable general plan policies, design guidelines and zoning
regulations that encourage hotel development. The development standards
currently set forth in the Land Use Code do not encourage the development of
desirable 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 cities. To attract and
encourage the development of high quality hotels in the City in furtherance of the
policies reflected in proposed GPA 10-02, the City needs to establish development
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standards that are conducive to hotel operations and investment. The Land Use
Code amendments proposed pursuant to CA 10-01 are designed to do so.
C. The proposed Land Use Code amendment conforms with the intent of the
Development Code and is consistent with other applicable related provisions
thereof.
The Land Use Code currently allows hotels and motels by right in the CM
(Commercial Manufacturing) zone and pursuant to conditional use permit in the TC
(Tourist Commercial), and GC (General Commercial) zone districts. Code
Amendment (CA) 10-01 would expand the zone districts in which hotels are
permitted by conditional use permit and establish separate development standards
for hotels related to height, floor area ratio, and parking that appropriately account
for the unique characteristics of hotels compared to other types of uses. All hotel
projects would require approval of conditional use permit and architectural control
entitlements to ensure consistency with the General Plan, Title 9 Land Use Code,
Architectural Design Guidelines, and that potential impacts would be mitigated to
insignificant level. The proposed CA 10-01 conforms to the intent of the Land Use
Code by serving the health, safety and welfare through appropriate development
standards and restrictions, by implementing the General Plan, as proposed to be
amended by GPA 10-02, and by providing economic and social advantages from an
orderly planned use of land resources by encouraging the construction and
operation of upscale, high quality and appropriate hotels that will benefit the City by
providing convenient and attractive downtown lodging for visitors to the historic
downtown, Mission San Juan Capistrano, and the Los Rios Historic District,
contributing to the energy and economic vitality of the City's downtown, and
strengthening the City's economic base and fiscal circumstances in order to support
the provision of public services to the City's residents and businesses.
D. The proposed Land Use Code amendment is reasonable and beneficial at this time.
The City cannot control the price of real estate or the dynamics of the regional
economy, but can encourage quality hotel uses through reasonable general plan
policies, design guidelines and zoning regulations that encourage hotel
development. The San Juan Capistrano Title 9 Land Use Code currently has
restrictive development standards that discourage desirable and upscale hotel
development. To attract and encourage the development of high quality hotels in
the City in furtherance of the policies reflected in proposed GPA 10-02, the City
needs to establish development standards that are conducive to hotel operations
and investment. The Land Use Code amendments proposed pursuant to CA 10-01
are designed to do so.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO HEREBY adopts the Negative Declaration and approves Code Amendment
(CA) 10-01 updating the Title 9 Land Use Code regulating hotels and does hereby ordain
as follows:
Section 1. Add Section 9-3 524 Hotels.
Title 9, Chapter 3, Article 5 is hereby amended to add Subsection 524 entitled
"Hotels" to read in its entirety as follows:
"Sec. 9-3.524. Hotels
(a) Purpose and Intent. The purpose and intent of this section is to establish
development.standards that encourage the construction and operation of
upscale, high quality and appropriate hotels that will benefit the City by
providing convenient and attractive downtown lodging for visitors to the
historic downtown, Mission San Juan Capistrano, and the Los Rios
Historic District, contributing to the energy and economic vitality of the
City's downtown, and strengthening the City's economic base and fiscal
circumstances in order to support the provision of public services to the
City's residents and businesses.
(b) Conditional Use Permit Required. No person shall develop, establish,
operate or conduct any hotel use without first securing approval of a
conditional use permit.
(c) Development and Operational Standards. No person shall develop
establish, operate or conduct any hotel use in violation of any of the
following regulations:
(1) Buildings shall not exceed a maximum of three stories and a habitable
area height of forty-five feet (45'-0") from finished grade; however, roof
elements and architectural projections may be permitted to a maximum
height of fifty-five feet (55'-0") from finished grade.
(2) Floor Area Ratio (FAR) shall not exceed maximum 0.65:1 for all
buildings on the subject property.
(3) Floor Area Ratio (FAR) for first floor to second and third floors shall be
determined by the Planning Commission as part of the Conditional Use
Permit process.
(4) Parking and loading facilities shall comply with requirements set forth in
Section 9-3.535 Parking.
(5)There shall be no permanent storage or display of equipment, material, or
supplies outside of a fully enclosed structure.
(6) Noise levels shall comply with the regulations set forth in Section 9-3.531
Noise Standards and all other applicable Municipal Code provisions.
(7) Lighting shall comply with the regulations set forth in Section 93.529
Lighting standards.
(8) Landscaping shall be provided in parking lot areas subject to Planning
Commission approval.
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(9) Setbacks shall be consistent with the base zone district standards for one
and two-story structures. The Planning Commission shall determine the
required setbacks for three-story structures as part of the Conditional Use
Permit process."
Section 2. Amend Section 9-3.303 Table 3-4
Table 3-4, entitled "Business and Commercial Districts"of Title 9, Chapter 3,Article
3, entitled "Base District Regulations/Standards", Subsection 303 entitled "Commercial
Districts", is hereby amended to delete "Hotels and motels" and to include "Hotels" and
"Motels" as follows:
Use TC INC GCJOCJ Notes and Comments
Use TC NC GC OC Notes and Comments
Hotels C C C C In accordance with provisions of Section 9-
3.524
Use TC NC GC OC Notes and Comments
Motels C - C I ---
Section 3. Amend Section 9-3.305 Table 3-6
Table 3-6, entitled "Uses in Industrial Districts" of Title 9, Chapter 3, Article 3,
entitled "Base District Regulations/Standards", Subsection 305, entitled "Industrial
Districts", is hereby amended to delete "Hotels and motels" and to include "Hotels" and
"Motels" as follows:
Use CM IP A Notes and Exceptions
R
Use CM IP A Notes and Exceptions
Hotels L In accordance with provisions of Section 9-3.524
Use CM IP A Notes and Exceptions
Motels P --- ---
Section 4. Amend Section 9-3.535 Parking, Table 3-34
Table 3-6, entitled "Business and Commercial Uses Parking Requirements"of Title
9, Chapter 3, Article 5, entitled "Supplemental District Regulations", Subsection 535,
entitled "Parking", is hereby amended to replace "Hotels/motels" to read as follows:
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Land Use Type Required Off-Street Parking Notes and Comments
Hotels/Motels 1.0 off-street parking space per Parking standards may be
each guest unit. reduced with a parking.
The Planning Commission may study and/or shared parking
require additional parking spaces agreement.
for accessory uses to include but
not be limited to restaurants and
banquet / conference / meeting
facilities
Section 5. Amend Appendix A Definitions Hotels
Appendix A Definitions Hotels is hereby amended to read as follows:
F
Hotel: A residential building designed or used to be rented for occupancy by guests
for dwelling, lodging, or sleeping purposes for a period of 30 consecutive calendar days or
less containing six (6) or more guest rooms or suites of rooms, but not including any
building in which human beings are housed or detained under legal restraint or which is
used as a drug or other rehabilitation center. Typical incidental uses may include meeting
rooms, restaurants and recreation facilities to serve hotel guests. Access to guest rooms
shall be from a lobby or hallway interior to the building and guest rooms shall not
have direct access from parking areas.
Section 6. Environmental Review
The City Council determines that the Initial Study identifies that the code
amendment will have no impacts on the environmental and certifies the Negative
Declaration.
Section 7. Validity of Ordinance
If any part of this ordinance is held to be invalid for any reason, such decision shall
not affect the validity of the remaining portion of this Ordinance, and this City Council
hereby declares that it would have passed the remainder of this ordinance if such invalid
portion thereof had been deleted.
Section 8. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
Section 9. Cily Clerk's Certification
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be posted at the duly designated posting places within the City and published once within
fifteen (15) days after passage and adoption as required by law; or, in the alternative, the
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PASSED, APPROVED AND ADOPTED is 19" 'ay of October, 2010.
DR. I_ONDRES SO, MAYO
r
ra
ATYES.
I
MA S, it CLERK
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 is a true and correct copy of Ordinance No. 973 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 5t" day of October 2010 and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 19th day of October
2010 by the following vote, to wit:
AYE, : C UNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese, and Mayor Uso
NOES C UNCIL MEMBERS: None
ABSE UNCIL.MEMBERS: None
mAR, "orRIS, an CLERK
8 0973
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;That in compliance
with State laws,Government Code section 36933(1)of the State of California, on the 161h day of September
2010, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the
proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION AND APPROVING CODE
AMENDMENT (CA) 10•-01 TO AMEND THE TITLE 9 OF THE LAND USE CODE
REGULATING HOTELS BY ADDING SECTION9-3.524 RELATING TO HOTELS; AMENDING
SECTION 9-3.303, TABLE 3-4, AND AMENDING SECTION 9-3.305, TABLE 3-6 TO
DESIGNATE HOTELS AND EXPAND THE ZONE ST !,OT
IN WHICH HOTELS ARE
AUTHORIZED PURSUANT TO A CONDITIONAL.US P R IT;AND AMENDING SECTION
9-3.335,TABLE 3-34 TO SET FORTIS NEW OFF-ST E 7` IRKING REQUIREMENTS FOR
HOTELS AND MOTELS
This document was posted in the Office of the City Clerk ; r
MARI S, CITY Cl_k6lr<
San Juan Capistrano, Calif is
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO j
1, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance
with State laws, Government Code section 36933(1) of the State of California.
On the 20th day of October 20101 caused to be posted a certified copy of Ordinance No.973, adopted by the
City Council on October 19, 2010 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION AND APPROVING CODE
AMENDMENT (CA) 10-01 TO AMEND THE TITLE 9 OF THE LAND USE CODE
REGULATING HOTELS BY ADDING SECTION 9-3.524 RELATING TO HOTELS;
AMENDING SECTION 9-3.303,TABLE 3-4,AND AMENDING SECTION 9-3.305,TABLE 3-6
TO DESIGNATE HOTELS AND EXPAND THE ZONDISTRICTS IN WHICH HOTELS ARE
AUTHORIZED PURSUANT TO A CONDITIONAL PERMIT; AND AMENDING
SECTION 9-3.335, TABLE 3•-34 TO SET FO
EW OFF-STREET PARKING
REQUIREMENTS FOR HOTELS AND MOTEL
This document was posted in the Office of the City Clerk
MARIA RR S, CITY CL K
San Juan Capistrano, Cal' o is
9 0973