Loading...
Ordinance Number 1056 ORDINANCE NO. 1056 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING SPECIFIC PLAN 18-001 (CODE AMENDMENT 18-004) FOR A RESIDENTIAL PROJECT WITH PARK AND TRAIL AMENITIES ON A 35-ACRE SITE LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 121-182-17 AND 121-182-53) (SPIEKER SENIOR DEVELOPMENT) WHEREAS, Spieker Senior Development, P.O. Box 160, San Juan Capistrano, CA 92693 (the "Applicant"), has requested approval of The Farm Specific Plan Residential Community, which involves General Plan Amendment 16-001, the adoption of Specific Plan 18-001 (Code Amendment 18-004), and a related Development Agreement 18-001, consisting of up to 180 single-family residential units with park and trail amenities, on a 35 acre site located at 32382 Del Obispo Street, also known as Assessor's Parcel Numbers 121-182-17 and 121-182-53 (hereafter, the "Property") (collectively, the various applications a referred to as the "Project"); WHEREAS, Virginia Germann, Successor Trustee of the C. and I. Vermeulen Revocable Trust Dated May 14, 1990, 772 Town and Country Road, Orange, CA 92868 and Vermeulen Ranch Center LLC, P.O. Box 160, San Juan Capistrano, CA 92693 (collectively, the "Property Owners"), are the owners of the Property; WHEREAS, Government Code Section 65450 et seq. authorizes the City to prepare a specific plan for the systematic implementation of the City's General Plan; WHEREAS, on May 15, 2018, the City Council conducted a duly noticed public hearing to consider the Specific Plan and the Project as a whole. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above recitations are true and correct and are adopted as findings of the City Council. SECTION 2. CEQA. The City Council on May 15, 2018, adopted the Final IS/MND, along with a Mitigation Monitoring and Reporting Program, for the Project, as fully set forth in Resolution No. 18-05-15-01. That Resolution is incorporated herein by reference, and made a part hereof as if fully set forth herein. Further, the requirements of the Mitigation Monitoring and Reporting Program are hereby imposed as conditions of approval on the Specific Plan. The documents and other materials that constitute the record are located in City Hall at 32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is the Development Services Department Administrative Specialist. 1 01056 SECTION 3, Findings, The City Council of the City of San Juan Capistrano makes the following findings: 1. The proposed Specific Plan is authorized and consistent with the provisions of Government Code Sections 65450 et seq. and related City ordinances and policies. 2. The proposed Specific Plan is consistent with the City of San Juan Capistrano General Plan and complies with its objectives and policies. Specifically, the Specific Plan is consistent with and implements the following objectives and policies of the General Plan: Land Use Element Land Use Goal 1: Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities. Changing the designation of the site to Specific Plan to accommodate residential development that can accommodate up to 180 units would allow residents of a future development to contribute to an increase in retail sales revenue and related City sales tax receipts at local dining, shopping and tourist-oriented venues. This increase in sales tax revenue would allow for the City to maintain and improve public services and facilities within the City. Furthermore, the General Plan recognizes that the City has an oversupply of commercial uses serving the local community. The General Plan states that some of the centers are underutilized due to "the small local population", and that many are not well maintained, which has a negative visual impact on the community. Future residents of the new development would help to facilitate Land Use Goal 1. Policy 1.1: Encourage a land use composition in San Juan Capistrano that provides a balance or surplus between the generation of public revenues and the cost of providing public facilities and services. The proposed project would contribute to the project's fair share of public facility and utility costs through payment of Development Impact Fees. Additionally, property taxes generated as a result of project implementation would go to the City's General Fund, from which the City utilizes revenue to fund public services and utilities. Furthermore, the accompanying Development Agreement assures 2 01056 that the maintenance of the proposed 0.5 acre public park and trail will be maintained by the future Home Owners Association (HOA). This will benefit the public as the maintenance costs of the public amenities will be covered by the developer and/or HOA. GOAL 2: Control and direct future growth within the City to preserve the rural village-like character of the community. The proposed project would develop the site with single-family residential uses that would be developed at a maximum of 180 dwelling units with a minimum lot size of 4,000 square feet and would be a maximum of two stories in height. Residences proposed as part of the project would be consistent with the density and nature of residential uses adjacent to and nearby the site. The project would also include a multi-use trail (i.e., pedestrian, bicycling, and equestrian uses) that would connect Del Obispo Street to Via Positiva. The provision of the multi-use trail would encourage bicycle, equestrian, and pedestrian uses, avoiding transportation by automobile, and serve to preserve a more rural character on the site. Policy 2.1: Continue controlling growth through the implementation of the City's residential growth management program. The project-related increase in population would represent less than 2 percent of the City's existing and projected population through the year 2040. New development facilitated as a result of project approval would be required to comply with the City's Residential Growth Management Program (1976). Specifically, new building permits issued following the approval of Subdivision and Development applications would be reviewed by City staff for consistency with the growth program, which currently limits new residential building permits to 400 per year. Therefore, the proposal would be consistent with said policy. Policy 2.2: Assure that new development is consistent and compatible with the existing character of the City. The project would allow for the development of a residential community that would be consistent in use and character with surrounding development, including surrounding residential uses. The proposed Specific Plan would also include design guidelines that would ensure consistency in visual character between the proposed project and surrounding development. For example, the proposed residences would be developed in the Classic California 3 01056 Spanish architectural style to ensure consistency with the City's landmark architectural heritage. GOAL 3: Distribute additional population within the City based on risk factors. The project site is located within a valley area and is not located within a high-risk fire, geologic, or flooding area. The General Plan recognizes that future densities of population could be allocated to the valley areas of the City outside of the floodplain. Policy 3.1: Confine higher density land uses to the valley areas outside of the floodplain. The proposed project would allow for the development of single- family residential uses with a medium density. The project site is located within FEMA Flood Zone X, which is an area determined to be outside of the 0.2 percent annual chance (500-year) floodplain. As such, the project would not develop the site with high-density land uses in areas prone to flooding. GOAL 4: Preserve major areas of open space and natural features. The project site has previously been considered for purchase and permanent retention as open space or agriculture and was twice eliminated from further consideration during the City's evaluation process associated with the passage of general obligation bonds for the purchase of open space. The permanent retention of the site for open space was in conflict with the surrounding development and with the City's goals for orderly and balanced land use development as buildout occurs, including the City's General Plan Land Use Element Policy 7.2, which encourages new development to be compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. Furthermore, the project site is not designated or considered open space. Therefore, the proposed project would be consistent with Goal 4 of the Land Use Element. Policy 7.2: Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. The proposed Specific Plan includes development standards and design guidelines, which would ensure that new development on the site would be cohesive with existing surrounding development. Additionally, the development of single-family residential uses on 4 01056 the site would be consistent with existing residential uses adjacent to and nearby the site. Circulation Element GOAL 1: Provide a system of roadways that meets the needs of the community. The proposed Specific Plan includes an internal roadway that would connect driveways off Del Obispo Street and Via Positiva to ensure adequate connectivity between other internal project roadways and the surrounding arterial system. New internal roadways included as part of the Specific Plan would be laid out at the time Subdivision and Development applications are proposed. Furthermore, a traffic impact analysis, which is part of the Mitigated Negative Declaration finds that the project would result in less than significant impacts on the local roadway system, and no mitigation would be required. Therefore, the proposed project would be consistent with Goal 1 of the Circulation Element. GOAL 3: Provide an extensive public bicycle, pedestrian, and equestrian trails network. Implementation of the proposed project would allow for a network of lighted pedestrian walkways and a multi-use trail that would support pedestrian, equestrian, and bicycle users. The proposed project multi-use trail would connect the proposed residential community with local public recreation amenities, including the existing Ecology Center off Alipaz Street. Housing Element Policy 2.1: Consistent with the Land Use Element, encourage the construction of a variety of housing types and sizes of housing throughout the community. The proposed project would allow for the development of a medium-density residential community on the project site, which would serve to add to the variety of housing types available throughout the City. Conservation and Open Space Element GOAL 5: Shape and guide development in order to achieve efficient growth and maintain community scale and identity. 5 01056 The proposed project would allow for the development of up to 180 single-family residential units on the project site that would accommodate population growth in the City. All residences developed on the site would be developed in a manner that would be consistent with the character and scale of existing development surrounding the site, be constructed in the Classic California Spanish architectural style, and be consistent with the development standards and design guidelines in the proposed Specific Plan. Furthermore, future development applications will be subject to the City's Architectural Control (AC) procedures involving extensive review of proposals by the City's Design Review Committee followed by the Planning Commission to ensure future development proposals meet Goal 5. Public Services and Utilities Element GOAL 6: Provide sufficient levels of water and sewer service. The City's Urban Water Management Plan (UWMP) indicates that there are sufficient water resources to meet full service demands through the year 2040. Specifically, the project-related demand for water would represent an incremental increase in water demand through the year 2040 (1.2 percent of current and projected water supplies through the year 2040. Additionally, wastewater generated as a result of project implementation would represent 0.7 percent of the remaining treatment capacity of the J.B. Latham Wastewater Treatment Plant. Therefore, the proposed project would be consistent with Goal 6 of the Public Services and Utilities Element GOAL 7: Work effectively with providers of natural gas, electricity, telephone, cable television and solid waste disposal to provide sufficient levels of these services. The proposed project would be served by existing natural gas, electricity, telephone, cable, and solid waste facilities. Therefore, the proposed project would be consistent with Goal 7 of the Public Services and Utilities Element. 3. The Specific Plan (and related Code Amendment 18-004) is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare for the reasons described in the findings in paragraph 2 above. 4. The Specific Plan (and related Code Amendment 18-004) conforms with the intent of the Development Code and is consistent with other applicable related provisions thereof in that the Specific Plan will implement single family 6 01056 residential standards that are similar to those applicable to the RS-4000 single family zoning district and provide for the establishment and regulation of the Specific Plan Area's future residential, park, and on-site trail development. 5. The Specific Plan (and related Code Amendment 18-005) is reasonable and beneficial at this time in that the subject site is vacant and the Specific Plan would facilitate a residential development that will be compatible in density with other residential uses and established zoning districts in the vicinity. The subject site is well suited for residential development due to adjacent and nearby residential development and commercial development that will benefit from additional residential population. SECTION 4. Approval and Adoption. Pursuant to Government Code Section 65450 et seq., the City Council hereby adopts the Specific Plan, which is attached hereto as Exhibit A and incorporated herein by reference, for the real property described in Exhibit B attached hereto. SECTION 5. Notice of Determination. City staff is hereby directed to file a Notice of Determination with the Office of the County Clerk in accordance with CEQA and the CEQA Guidelines. SECTION 6. Severability. 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 7. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage if and only if Resolution No. 18-05-15-02 adopting General Plan Amendment No. 16- 001 and Ordinance No. 1057 approving Development Agreement 18-001 are both in effect. SECTION 8. 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 7 01056 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 ADOPTED this 11th day June 2018. f SER 10 FARIAS, MAYOR ATTE� t 1. MART MO RI , CITYC�CI_E K Date: U Q 8 01056 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. 1056 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 15th day of May 2018, and that thereafter, said Ordinance was duly ad ted and passed at the Adjourned Regular Meeting of the City Council on the 11th ay of u e 2018, by the following vote, to wit: AY S: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias NOES, OUNCiL MEMBERS: Patterson ABSE : 0N CI EMBERS: None r .."MAril ORRIS, CIT/YCtERK r 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 24th day of May 2018, 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 OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING SPECIFIC PLAN 18-001 (CODE AMENDMENT 18-004) FOR A RESIDENTIALP4�OJE T WITH PARK AND TRAIL AMENITIES ON A 35-ACRE SITE COCA ED AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NU B S 121-182-17 AND 121-182-53) (SPIEKER SENIOR DEVELOPMENT) This document was posted in the Office of th ity erk MAR1 ,a O RIS, CITY CLE San Juan'Capi trano, California 9 01056 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 12th day of June 2018, 1 caused to be posted a certified copy of Ordinance No. 1056, adopted by the City Council on June 11, 2018, entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING SPECIFIC PLAN 18-001 (CODE AMENDMENT 18-004) FOR A RESIDENTIAL PRO JE T WITH PARK AND TRAIL AMENITIES ON A 35-ACRE SITI�,- OCA ED AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NUM ER 121-182-17 AND 121-182-53) (SPIEKER SENIOR DEVELOPMENT) This document was posted in the Office of the C ty lerk i M F.IO RIS, CITY LE San Junapistrano, Califora 10 01056 EXHIBIT A SPECIFIC PLAN Incorporated herein by reference _ b Exhibit A Page 1 10306-0005\21836670.doc 1 1 _: J EXHIBIT B LEGAL DESCRIPTION Exhibit B Page 1 Order No.: 12400360-K26 LEGAL DESCRIPTION PARCEL 1: (A PORTION OF APN: 121-182-53) THAT PORTION OF LOT 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 11,PAGES 29 THROUGH 33,INCLUSIVE,OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 64; THENCE SOUTH 54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT; THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST,474.77 FEET; THENCE NORTH 53 DEGREES 52 MINUTES 30 SECONDS WEST, 906.58 FEET TO THE NORTHWESTERLY LINE OF SAID LOT; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINES OF SAID LOT TO THE POINT OF BEGINNING. PARCEL 2: {A PORTION OF APN: 121-182-53] LOTS 63 AND 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOCK 11, PAGES 29 THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO CALVIN C. FLINT AND WIFE, RECORDED DECEMBER 30, 1948 IN BOOK I J81. PAGE 69, OFFICIAL RECORDS; THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST 806.58 FEET TO THE SOUTHERLY CORNER OF SAID FLINT LAND; THENCE CONTINUING SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST,426.76 FEET; THENCE SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 63 WHICH IS SOUTH 89 DEGREES 51 MINUTES 00 SECONDS WEST, 415.87 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 63. TOGETHER WITH THAT PORTION OF DEL OBISPO STREET VACATED BY RESOLUTION NO. 81-9-5 OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, RECORDED SEPTEMBER 18, I981 IN BOOK 14225 PAGE,683,OF OFFICIAL RECORDS. CLTA Preliminary Report Form-Modified(11-17-06) 2 Order No.: 12400360-K26 LEGAL DESCRIPTION (continued) PARCEL3: (A['N: 121-182-17) THAT PORTION OF LOTS 63 AND 64 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGES 29 THROUGH 33, INCLUSIVE,OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 64,DISTANT SOUTH 54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 64; THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST, 474.77 FEET; THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST, 426.76 FEET; THENCE SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 63; DISTANT SOUTH 89 DEGREES 51 MINUTES WEST, 415.87 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 63; THENCE NORTH 89 DEGREES 51 MINUTES EAST, 415.87 FEET TO SAID SOUTHEASTERLY CORNER OF LOT 63; THENCE NORTH 36 DEGREES 56 MINUTES 30 SECONDS EAST, 427.75 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 63 TO THE MOST EASTERLY CORNER THEREOF; THENCE NORTH 54 DEGREES 48 MINUTES 30 SECONDS WEST, 952.79 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOTS 63 AND 64 TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 2, PAGE 37., OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form-Modified(11-17-06) 3