Resolution Number 14-06-19-02 i
RESOLUTION NO. 14-06-19-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING A CODE AMENDMENT TO THE
HISTORIC TOWN CENTER FORM BASED CODE.
WHEREAS, Municipal Code Section 9-2.309 requires that City Council initiate
consideration of all Amendments of the Land Use Code; and
WHEREAS, the definition's section of the Historic Town Center (HTC) Form
Based Code defines "Dwelling, Multi-Family (land use type)" to be a building
designed for occupancy by 2 or more dwellings; and
WHEREAS, Title 9 Appendix A defines*a Building as "Any structure for the
shelter, housing, or enclosure of any person, animal, article, chattel, or property of
any kind; when any portion thereof is completely separated from every other portion
thereof by a division wall or firewall, without openings, each such portion shall be
considered a separate building;" and
WHEREAS, Title 9, Appendix A of the Municipal Code Defines a Townhouse
as "A dwelling unit occupying its own lot but which is physically attached to at least
one other dwelling unit, such that each owner owns the unit structure and the land
on which the unit is located or an exclusive easement for it, plus a common interest
U in the land upon which the building is located;" and
WHEREAS, The HTC Form Based Code Table 213 allows for only four
residential unit types: Studio, Multi-family 1 BR, Multi-family 2 BR, and Multi-family 3
BR; and
WHEREAS, the applicant for the proposed Urban Village Project has
indicated that although the project's residential units will appear connected through
the use of an architectural feature, they will not share walls or roof structures. The
units will be free standing and divided by a four (4) inch air space and will be
separated by a division or firewall without openings; and
WHEREAS, under the provisions of the San
uan Capistrano ot t wnhomes! and e
family the Urban Village Townhomes are in fact single y homes
WHEREAS, under the Title 9 definition of Building these units each constitute
an individual building; and
WHEREAS, the HTC Form Based Code does not permit Single Family
Residences.
I ,
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NOW THEREFORE BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano hereby initiates a study to consider amending the HTC Form
Based Code and refers the matter to staff for initiation of a potential amendment or
amendments to the HTC Form Based Code regarding residential uses and the
appropriate process and standards relating thereto, the results of which shall be
presented to the Planning Commission for a recommendation thereon.
PASSED, APPROVED AND ADOPTED this 19" day of June 2014.
_ AM ALLEVATO, MAYOR
AT S .iv
N
MAfrAIS, CITY C ER
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
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. 14-06-19-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a Special meeting thereof, held the 19th
day of June 2014, by the following vote:
A COUNCIL MEMBERS: Byrnes, Reeve, Kramer and Mayor Allevato
E4COUNCIL
RS: None
B NR: None
B 1R: Taylor