Ordinance Number 1007 ORDINANCE NO. 1007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA)
13-002 TO AMEND SECTIONS 9-3.301 AND 9-3.505 OF THE LAND
USE CODE OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
RELATING TO RESIDENTIAL DISTRICTS AND AFFORDABLE
HOUSING REQUIREMENTS
Whereas, State Housing Element Law (Government Code Section 65583.2(c))
establishes "default densities" that the Department of Housing and Community
Development (HCD) uses to determine if a site is adequate to provide affordable
housing, and if sites are zoned with an allowable density at or above the default density,
HCD deems those sites adequate to provide affordable housing; and
Wheras, based on the State's "default densities" and the City's population and
location, sites allowing at least 30 dwelling units per acre are deemed appropriate to
accommodate very low- and low-income households; and
Whereas, State Density Bonus Law (Government Code Section 65915) requires
every city and county to adopt an ordinance providing density bonuses and other
incentives or concessions to persons wishing to develop affordable housing projects and
senior housing projects; and
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Whereas, in accordance with Government Code Section 65915 the City enacted
Municipal Code Section 9-3.505 relating to the its Density Bonus Program; and
Whereas, the State amended Government Code Section 65915 after the City
enacted Municipal Code Section 9-3.505; and
Whereas, in accordance with Government Code Section 65583.2(c), the City of
San Juan Capistrano proposed by Resolution on January 21, 2014, to amend the
General Plan Land Use Element to create a maximum density of 30 dwelling units per
acre; and
Whereas, on September 3, 2013, the City Council initiated consideration of
amendments to the Land Use Element of its General Plan and the Land Use Code (Title
9) of its Municipal Code to (1) create a 'Very High Density" land use and zoning
designation which would allow residential use at thirty dwelling units per acre and
establish standards relating thereto and (2) amend Municipal Code Section 9-3.505 to
conform to amendments to the State Density Bonus Law; and,
Whereas, if approved, this Code Amendment would amend Municipal Code
Section 9-3.301 to create a "Very High Density" zoning designation that allows
residential use at 30 dwelling units per acre; and
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Whereas, if approved, this Code Amendment would also amend Municipal Code
Section 9-3.505 to update the City's Density Bonus Program to conform to amendments
to the State Density Bonus Law (Government Code Section 65915); and
Whereas, the Environmental Administrator has reviewed the initial study prepared
pursuant to Section 15063 and 15064 of the California Environmental Quality Act
(CEQA) Guidelines, has issued a draft Mitigated Negative Declaration pursuant to
Section 15070 of those guidelines; has caused a Notice of Mitigated Negative
Declaration to be posted pursuant to Section 15072 of those guidelines, and has
otherwise complied with all applicable provisions of the California Environmental Quality
Act; and all mitigation measures have been included herein; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the CEQA, has considered
all project environmental documentation and technical studies, and after careful study,
the Planning Commission recommended the City Council approve the Mitigated
Negative Declaration; and,
Whereas, on December 10, 2013, the Planning Commission conducted a duly-
noticed public hearing pursuant to Title 9, Land Use Code, Section 9-2.302, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments, and after careful
study, the Planning Commission recommended the City Council approve Code
Amendment (CA) 13-002 and in conjunction with the foregoing that the City Council also
approve the Mitigated Negative Declaration prepared therefor; and,
Whereas, on January 21, 2014, the City Council conducted a duly-noticed public
hearing pursuant to Title 9, Land Use Code, Section 9-2.302, and Planning Department
Policy 510 to consider public testimony on the proposed project and has considered all
relevant public comments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines:
(1) The proposed Code Amendment is consistent with the goals and policies of the
General Plan, in that, the amendment creates a balanced land use pattern to ensure
the city continues to provide public services and facilities; and,
(2) The proposed Code Amendment is consistent with the goals and policies of the
General Plan, in that, the amendment creates a balanced land use pattern to ensure
the city continues to provide public services and facilities; and,
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(3) The proposed Code Amendment is necessary to implement the General Plan and to
provide for public convenience, and general welfare in that it offers the ability to
provide higher density residential developments which offers alternative residential
products to the community; and,
(4) The site of the proposed Code Amendment conforms with the intent of the
Development Code and is consistent with all applicable related provisions; and,
(5) The proposed Code Amendment is reasonable and beneficial at this time, in that,
the provision of Very High Density zoning allows for a residential use which is
otherwise not possible elsewhere in the community.
SECTION 2. Very High Density Zone.
Section 9-3.301 of the San Juan Capistrano Municipal Code is hereby amended as
depicted on the document attached hereto as Exhibit "A" and incorporated herein by
reference.
SECTION 3. Density Bonus.
Section 9-3.505 of the San Juan Capistrano Municipal Code is hereby amended as
depicted on the document attached hereto as Exhibit "B" and incorporated herein by
reference.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect
the validity or effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council herby declares that it would have adopted this Ordinance and
each section, subsection, subdivision, paragraph sentence, clause or phrase of this
Ordinance irrespective of the fact that one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or
ineffective. To this end the provisions of this Ordinance are declared to be severable.
SECTION 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the second
reading.
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SECTION 6. 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 for and against
the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTE ^this 4th day of February 2014.
VM ALLEVATO, MAYOR
Ji
JE f:
M RI RRIS, ClCLER
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. 1007 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 21st day of January 2014, and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 4th day of
February2 14, by the following vote, to wit:
AYES: N IL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato
NOES A IL MEMBERS: None
ABSENT: C I EMBERS: None
MARI)kMOKIRI , CITY ER
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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 23`d day of January 2014, 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 CODE AMENDMET (C ) 13-002 TO AMEND SECTIONS
9-3.301 AND 9-3.505 OF THE LAND USE CNEOTHE SAN JUAN CAPISTRANO
MUNICIPAL CODE RELATING TO RESIDISTRICTS AND AFFORDABLE
HOUSING REQUIREMENTSThis document was posted in the Office of th
MARI O RIS, CITY LE
San Juan C pistrano, Ca ' ornia
i
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 6t" day of February 2014, 1 caused to be posted a certified copy of Ordinance
No. 1007, adopted by the City Council on February 4t", 2014, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 13-
002 TO AMEND SECTIONS 9-3.301 AND 9-3.505 OF THE LAND USE
CODE OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING
TO RESIDENTIAL DISTRICTS AND AFFORDABLE HOUSING
REQUIREMENTS
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This document was posted in the Office of th Ci y
w\ {I I I
MA A RIS; CITY R
San RIS,pistrI C ifornia
II
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