PC Resolution-06-08-22-01 PC RESOLUTION NO. 06-08-22-1
REZONE 05-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING APPROVAL OF REZONE 05-02, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY FOR A 2.7 ACRE PARCEL LOCATED AT THE
EASTERN TERMINUS OF CALLE ROLANDO FROM "*IP/MHD"(INTERIM INDUSTRIAL
PARKIMEDIUM HIGH DENSITY)TO"RG-4,000" (RESIDENTIAL GARDEN-4,000)ZONE
DISTRICT (ASSESSOR PARCEL NOS. 668-421-03 AND 668-421-04) (CITY OF SAN
JUAN CAPISTRANO)
Whereas, on February 20, 2004, the San Juan Capistrano Community
Redevelopment Agency ("Agency") purchased a 2.7 acre site located at the easterly
terminus of Calle Rolando, Assessor's Parcel Nos. 668-421-03 and 668-421-04, for the
purpose of constructing an affordable housing project; and,.
Whereas, on August 16, 2005, the City Council of the City of San Juan
Capistrano has initiated a property rezone of 2.7 acres located at the eastern terminus of
Calle Rolando from the interim zoning designation of "*IP/MHD" (Interim Industrial
Park/Medium High Density) to "RG 4,000" (Residential Garden 4,000) consistent with the
existing "Medium High Density" General Plan designation; and,
Whereas, the proposed density is consistent with the"Medium High Density"
General Plan designation of-up to 8 dwelling units per acre plus the 25 percent density
bonus allowed for an affordable housing project; and,
Whereas, the proposed rezone will help satisfy the City's Regional Housing
Numbers Assessment requirements for new construction of affordable units as mandated
by state law by providing additional land for up to 27 housing units; and,
Whereas, the proposed rezone has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, Habitat for Humanity of Orange County, Inc., has filed applications
for a 27-unit affordable condominium project on the property which are under review
concurrently with this rezone (Architectural Control 06-01, Tentative Tract Map 17027,
Floodplain Permit 06-01); and,
Whereas, the Environmental Administrator has reviewed the initial study
prepared for the rezone and concurrent development applications pursuant to Section
15063 and 15064 of the CEQA Guidelines, has issued a 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 (1970);
and all mitigation measures have been applied to the project; and,
PC Resolution 06-08-22-1 2 August 22, 2006
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all rezone and project environmental documentation
and technical studies; and,
j Whereas, the Planning Commission conducted a duly-noticed public hearing
on August 22, 2006 pursuant to Title 9, Land Use Code, Section 9-2.335, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed rezone and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The proposed rezone is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically,the Land Use Element because the proposed
zoning meets the "Medium High Density" designation of up to 8 dwelling units per
acre; and,
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2. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Housing Element because the proposed
project will help satisfy the City's Regional Housing Numbers Assessment
requirements mandated by state law for new construction by providing 9 low-income
restricted units and 18 very-low income restricted units for a period of 60 years and
will provide for affordable family ownership dwelling units; and,
3. The proposed RG-4,000 zoning district is consistent with the surrounding residential
community, which is comprised of single family tract to the south and east with an
identical zoning classification, a mobile home park to the north, and an industrial
park to the west; and,
4. All of the uses allowed in the proposed RG-4,000 zoning district can be reasonably
accommodated on the site because the site is generally level and has no significant
development constraints, is served by adequate access and infrastructure, and will
not adversely affect natural resources.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
j Commission of the City of San Juan Capistrano hereby recommends approval of Rezone
05-02, as provided by Exhibit A attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This rezone approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at September 6, 2006.
PC Resolution 06-08-22-1 3 August 22, 2006
PASSED, APPROVED AND ADOPTED this 22nd day of August, 2006, by
the following vote, to wit:
AYES: Drey, Ratcliffe, Cohen
NOES: None
' ABSTAIN: None
ABSENT: Neely
RECUSAL: Cardoza
tom!
j Sheldon Cohen, Vice Chairman
I
William Cunningham, Interim Planning Director,
Secretary
(P:\Planning\Plan shared\Dept. Forms\Form-PC-Resolution.wpd)
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ExhibitA
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