Ordinance Number 997ORDINANCE NO. 997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE NOTICE OF EXEMPTION
AND APPROVING CODE AMENDMENT 12-02 TO AMEND TITLE 9 OF
THE LAND USE CODE SECTION 9-5.103 REDUCING THE HOUSING
IN -LIEU FEE BY 10%.
Whereas, the City of San Juan Capistrano established Municipal Code
Section 9-5.103, Housing In -Lieu fee, in 1995 for residential developers who prefer to
pay a fee rather than provide 10% of their development for affordable households, in
accordance with the City's Inclusionary Housing Requirement; and,
Whereas, in 2012, the City Council established a priority list including
creating a "Business Friendly Environment" for the developers, businesses and
residents of San Juan Capistrano; and,
Whereas, the City Council initiated a code amendment on May 15, 2012,
to reduce the Housing In -Lieu Fee by 10%, pursuant to Resolution 12-05-15-04, in an
effort to be Business Friendly to residential housing developers; and,
Whereas, the code amendment reduces the Housing In -Lieu Fee
= calculation by 10%; and,
Whereas, the City of San Juan Capistrano Housing Advisory Committee
conducted a work session regarding the reduction of the Housing In -Lieu Fee and
forwarded a recommendation to reduce all development -related fees, including but not
exclusive to the Housing In -Lieu fee, by 10%; and,
Whereas, the San Juan Capistrano Planning Commission conducted a
duly noticed public hearing on August 28, 2012, and approved Resolution 12-08-28-01
recommending the City Council approve Code Amendment (CA) 12-02 to amend Title 9
of the Land Use Code Section 9-5.103 reducing the Housing In -Lieu Fee by 10%; and,
Whereas, the Environmental Administrator has evaluated CA 12-02 and
determined that the project is categorically exempt from the California Environmental
Quality Act Guidelines; and,
Whereas, the City Council finds that the proposed Land Use CA 12-02 is
consistent with the goals and policies of the General Plan; and,
Whereas, the City Council finds that the proposed Land Use Code
Amendment is necessary to implement the General Plan and to provide for public
safety, convenience, and/or general welfare; and,
Whereas, the City Council finds that the proposed Land Use Code
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Amendment conforms with the intent of the Development Code and is consistent with
other applicable related provisions thereof; and, 7
Whereas, the City Council finds that the proposed Land Use Code
Amendment is reasonable and beneficial at this time.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Code Amendment 12-02.
San Juan Capistrano Municipal Code Section 9-5.103(c)(2) is amended as
follows indicated in bold.
a. Development for Rental Units -
(Mean Monthly Market Rent('} -Mean Monthly Affordable Ren
t�2�)
x10 year affordability Covenant(3) = 4
Ax 10%(4) = Obligation Per Unit
Obligation Per Unit — (10% x Obligation Per Unit) = Housing In -Lieu Fee Per
Unit
b. Development for Ownership Units -
Market Sales Price(') - Affordable Sales Price
�2� =a
A x 10%(3) = Developer's Obligation ! 1
Developer's Obligation — (10% x Developer's Obligation) = Housing In -Lieu Fee
Per Unit
passage.
Section 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
Section 3. City 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 City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote and
against the same, in the Office of the City Clerk.
2 0997
PASSED, APPROVED AND ADOPTED this 18" day of September 2012.
LAR Y KRAM&MZAYOR
ATTEST:
MARY CITY C RK
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 is a true and correct copy of Ordinance No. 997 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 4" day of September 2012, and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 181" day of
Septembq!)2012, la) the following vote, to wit:
AYES:N MEMBERS: Allevato, Freese, Reeve, Taylor and Mayor Kramer
NOES b UN MEMBERS: None
ABSENT!C60N L MEMBERS: None
1&1'1.
0997
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, 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 5th day of September 2012, 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, APPROVING TFj4 NOTICE OF EXEMPTION AND
APPROVING CODE AMENDMENT 12-02 TQ(4MFAN14 TITLE 9 OF THE LAND
USE CODE SECTION 9-5.103 Rf DVIPJG THE HOUSING
IN -LIEU FEE BY 10%.
This document was posted in the Office of the
MARIA I
San Jua
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
ITY CLE
AFFIDAVIT OF POSTING
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 September 2012, 1 caused to be posted a certified copy of
Ordinance No. 997, adopted by the City Council on September 18, 2012, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVINGTH OTICE OF EXEMPTION AND
APPROVING CODE AMENDMENT 12-02 TOA E TLE 9 OF THE LAND
USE CODE SECTION 9-5.103 RE THE HOUSING
IN -LIEU FEE BY 10%.
This document was posted in the Office of the
MARIA
�ITYoCLERK
San Juan pistra , Californi5
4 ---� 0 997
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