Resolution Number 14-01-21-06 RESOLUTION NO. 14-01-21-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING APPROVAL OF A
MITIGATED NEGATIVE DECLARATION AND APPROVAL OF A
GENERAL PLAN AMENDMENT (GPA13-004) AMENDING THE LAND
USE ELEMENT RESIDENTIAL DESIGNATION CHANGING
AFFORDABLE FAMILY / SENIOR HOUSING TO VERY HIGH DENSITY
AND AMENDING THE MAXIMUM DENSITY TO A MAXIMUM OF 30
DWELLING UNITS PER ACRE
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 3, 2013, the City Council directed initiation of
amendments to the General Plan Land Use Element and Title 9, Land Use Code of the
Municipal Code to create and to establish provisions related to the General Plan Land
Use Element's establishing a "Very High Density" Land Use designation along with
adjusting the maximum density standard to thirty dwelling units per acre; and,
Whereas, California 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
Whereas, California Government Code Section 65583.2(c) establishes default
densities in determining if sites are adequate to provide affordable housing, and if sites
are zoned with a minimum density at the default density the state considers those sites
adequate to provide affordable housing; and
Whereas, in accordance with Government Code Section 65583.2(c), the City of
San Juan Capistrano amended the General Plan Land Use Element and Section 9-3.301
to the San Juan Capistrano Municipal Code to create a maximum density of 30 dwelling
units per acre; 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, and has otherwise complied with all applicable provisions of
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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,
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; 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, the City Council finds the proposed ^i
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano does hereby approve of a General Plan Amendment to the
Land Use Element as provided by Exhibit A attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 21st day of January 2014.
C
SAM XILLEVATO, MAYOR
ATTE I
T.
I
MA R IS, CITY CL K
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 Resolution No. 14-01-21-06 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 215'
day of January 2014, by the following vote:
AYES: COUNCIL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato
NOESA COUNCIL MEMBER: None
ABSENTI C UNCIL MEMBER: None
MAR IS, City qer
I
EXHIBIT A
JMaJor Land Use Dwelling Units Average Dwelling Land Use Designation and Summary
Groupings per Acre Range Units Per Acre Description
Residential 0-1.0 1 2.0 Very Low Density—Detached
single-family dwellings. Allows up to 1
dwelling unit per gross acre.
1.1-2.0 2 2.1 Low Density—Detached single-
family dwellings. Allows up to 2
dwelling unit per gross acre.
2.1-3.5 3.3 2.2 Medium Low Density— Single-
family dwellings. Allows up to 3.5
dwelling unit per gross acre.
3.6-5.0 4.5 2.3 Medium Density—Single-family
dwellings, mobile home parks,
duplexes, & multi-family dwellings
including condominiums, & townhomes.
Allows up to 5 dwelling unit per gross
acre.
5.1-8.0 7.5 2.4 Medium High Density—Single-
family dwellings, mobile home parks,
duplexes, & multi-family dwellings
including condominiums, & townhomes.
Allows up to 8 dwelling unit per gross
acre.
8.1-18.0 17 2.5 High Density— Single-family
dwellings, mobile home parks,
duplexes, & multi-family dwellings
including condominiums, townhomes,
apartments. Allows up to 18 dwelling
unit per gross acre.
18.1-30.0 30 2.6 Very High Density—Single-family
dwellings, mobile home parks,
duplexes, and multi-family dwellings
including condominiums, townhomes,
apartments, and cooperatives. Allows
up to 30 dwelling unit per gross acre.
2.6 Very High Density: The Very High Density residential land use designation
provides for the development of very high density single family detached and attached
dwelling units, mobile homes, modular homes, duplexes, and multi-family dwellings,
such as townhomes, condominiums, apartments, and cooperatives, as well as
accessory buildings. Uses such as mobile and modular homes, second single-family
units, guest houses, churches, schools, family day care homes, public facilities, and
others which are compatible with and oriented toward serving the needs of high density
single-family neighborhoods may also be allowed.
This designation allows a maximum of 30.0 dwelling units per gross acre of land.
Development under this designation should maintain a very high density character. The
maximum density of this land use designation may be exceeded, with City Council
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EXHIBIT A
approval, to complement General Plan Housing Element policy in accordance with the
density bonus provisions of Section 65 915 of the California Government Code.
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