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Resolution Number 14-01-21-05 RESOLUTION NO. 14-01-21-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING APPROVAL OF MITIGATED NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT (GPA) 13-003 CHANGING THE LAND USE MAP, AND LAND USE DESIGNATION FOR THE 4.4 ACRE SOUTHERNMOST PORTION OF APN: 121-050-21, AND THE 9.0 ACRE SOUTHEASTERN PORTION OF APN: 666-131-09114115. Whereas, on August 7, 2013, at a Joint Meeting of the City Council and the Planning Commission, the Housing Element was reviewed and an update to the Density Bonus requirements and an increase in maximum residential density was considered; and, Whereas, on September 17, 2013, the City Council initiated a General Plan Amendment and Rezone, to rezone three sites identified as the Groves (southernmost 4.4 acre portion of APN: 121-050-21), Ventanas (southeastern 9.0 acre portion of APNs: 666-131-08109114115), and Las Ramblas (APNs: 675-081-17118) to Very High Density residential uses to meet Regional Housing Needs Allocation goals; and Whereas, the proposed General Plan Amendment has been processed pursuant to Section 9-2.302, Title 9 of the Municipal Code; and Whereas, the Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the 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; has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included herein; and, Whereas, the Planning Commission conducted a duly-noticed public meeting on December 10, 2013, pursuant to the provisions of Title 9, Land Use Code, Section 9-2.302, Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comment; and, Whereas, the City Council has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies; and, u Page 1 � ,e Whereas, the City Council has approved of the Mitigated Negative Declaration on January 21, 2014, by resolution with the approval of the Housing Element for the 2014-2021 planning cycle(General Plan Amendment 13-005); and, Whereas, the City Council conducted a duly-noticed public hearing on January 21, 2014, 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, BE IT RESOLVED, City Council finds the proposed General Plan Amendment consistent with the General Plan Land Use Map designation and the requirements for findings as outlined in the Land Use Code, Title 9: (1) The proposed Rezone is consistent with the General Plan land use map and applicable goals and policies, in that, the rezone creates a balanced land use pattern to ensure the city continues to provide public services and facilities, directs the future growth within the City to preserve the rural village-like character, distributes the additional population into the valley areas but outside of the floodplains, and preserves the major areas of open space and natural features; and, (2) The proposed Rezone is consistent with the Land Use Code, including Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix, in that, the Very High Density and Planned Community zoning is allowed under the Very High Density and Planned Community land use designations of the General Plan; and, (3) The site of the proposed Rezone is suitable for any of the land uses permitted within the proposed zone district, in that, proposed changes are consistent with the Purpose and Intent, and Land Use goals and policies of the Land Use Code, the Comprehensive Development Plan 78-01, and Comprehensive Development Plan 81-01; and, (4) The uses allowed by the proposed Rezone are compatible with existing and planned uses on surrounding properties and the community in general, in that, the surrounding uses of all the sites include a higher density residential use or an assisted living use, which is compatible with the very high density residential use; and, (5) The proposed Rezone 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, and rezoning sites to accommodate very high density allows for the development of multifamily residential uses which will house a broader economic selector of the community. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves of the General Plan Amendment (GPA 13-003) to amend the Land Use Map designation for the Groves site, southernmost portion of APN: 121-050-21, and the Ventanas site, southeastern portions of APN: 666-131-09/14/15, pursuant to the attached Exhibit A. Page 2 PASSED, APPROVED AND ADOPT D this 21th day of January 2014. rC� SAM ALLEVATO, MAYOR ATTES ,n MART R IS, CITY LER 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. 14-01-21-05 was duly adopted by the City Council the City of San Juan Capistrano at a Regular meeting thereof, held the 218' day of Ja uary 014, by the following vote: AYES: UNCIL of Byrnes, Reeve, Taylor, Kramer and Mayor Allevato NOES: 100UNCIL MEMBER: None ABSENT: UNCIL MEMBER: None MARIA RI , City Cler Page 3 Ventanas Land Use APN:666-131-09,666-131-14, 666-131-15 Fxlstlns Proposed ON II RIC ENTER r 2 PLAN 1 • • � 0 A5 r. MIN Page 2 The Groves Land Use APN: Portion of 121-050-50 Existing Proposed CPV lU t ' / _P V 1 y{ Li: 44 �{tlp�r I �1 L _ ' _ i --r P� 1 W 6.0 � P61 Page 1 EXHIBIT A