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Ordinance Number 1087ORDINANCE NO. 1087 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-004 TO AMEND THE FARM SPECIFIC PLAN (SP) 2018-01 TO MODIFY CERTAIN DEVELOPMENT STANDARDS THAT WOULD CHANGE THE ARCHITECTURAL ELEVATIONS, FLOOR PLANS, AND SETBACKS APPLICABLE TO THE APPROVED 169 -UNIT SINGLE-FAMILY DETACHED, RESIDENTIAL HOME SUBDIVISION ON 35 ACRES THAT COMPRISE TENTATIVE TRACT MAP (TTM) 19063 LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR'S PARCEL NUMBERS 121-182-17, 121-182-63) (APPLICANT: BRETT HAMARA, LENNAR) (THE FARM), AND DETERMINE THAT NO FURTHER CEQA REVIEW IS REQUIRED WHEREAS, Brett Hamara, Lennar Homes of California, LLC, 715131 ..Alton Parkway, Suite 365, Irvine, CA 92618 (the "Applicant"), has requested approval of CA 20- 004 to amend The Farm Specific Plan (SP) 2018-01 to modify certain development standards that would change the architectural elevations, floor plans, and setbacks applicable to the approved 169 -unit single-family detached, residential home subdivision on 35 acres that comprise Tentative Tract Map (TTM) 19063, The Farm located at 32382 Del Obispo Street, which is General Plan- designated Specific Plan/Precise Plan (SP/PP) and classified as Specific Plan/Precise Plan (SP/PP) on the Official Zoning Map and ' regulated by The Farm Specific Plan (SP 2018-001) (the "Project"); and, WHEREAS, Lennar Homes of California, LLC are owners of real property located at 32382 Del Obispo Street (APNs: 121-182-17 and 121-182-63); and, WHEREAS, on June 11, 2018, the City Council approved a General Plan Amendment to the land use designation (GPA 16-001), Code Amendment (CA) 18-004 and approved The Farm Specific Plan (SP 18-001), and a Development Agreement; and, WHEREAS, on July 7, 2020, the City Council adopted a resolution approving an Addendum to the Mitigated Negative Declaration for The Farm project and approving Tentative Tract Map 19063 for a gated 169 -lot single-family detached, residential home subdivision on 35 acres; and, WHEREAS, on October 20, 2020, the City Council approved the initiation of an Amendment to The Farm Specific Plan (Code Amendment 20-004), thereby directing staff to conduct an appropriate study of proposed amendments; and, WHEREAS, as the project is currently proposed, the Applicant seeks approval to amend the Farm Specific Plan (SP 2018-001) to modify certain development standards that would change the architectural elevations, floor plans, and certain setbacks applicable to the approved 169 -unit single-family detached, residential home subdivision, ' as approved by Architectural Control (AC) 19-020 ("The Farm" or "Project"); and, 1 01087 WHEREAS, the proposed project has been processed pursuant to Section 9- 2.309, Amendment of the Land Use Code, of Title 9, Land Use Code of the City of San Juan Capistrano ("City"); and, ' WHEREAS, pursuant to Section 21067 of the Public Resources Code, and Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City is the lead agency for the proposed Project; and, WHEREAS, the Design Review Committee (DRC) reviewed the development plans on December 10, 2020, and recommended that the item move forward to the Planning Commission; and, WHEREAS, the Planning Commission conducted a duly -noticed public hearing on January 26, 2021, pursuant to Section 9-2.309(d)(3), of Title 9, Land Use Code of the City of San Juan Capistrano and City Council Policy 5 to consider public testimony on the proposed Project, considered all relevant public comments, and, by a 3-0 vote, recommended approval of the Project to the City Council; and, WHEREAS, on May 4, 2021, the City Council held a duly noticed public hearing to consider this Ordinance and the Project and, following receipt of all written and oral public comments, the City Council closed the public hearing, considered the evidence presented, and deliberated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN I CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of San Juan Capistrano hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance as if fully set forth herein. SECTION 2. CEQA. Based upon its review of the entire record before it, the City Council of the City of San Juan Capistrano does hereby find that pursuant to the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code § 21000 et seq.) and the State CEQA Guidelines (the "Guidelines") (14 Cal. Code Regs. § 15000 et seq.), City staff has considered the potential environmental impacts of the proposed Code Amendment (CA) 20-004 and Architectural Control (AC) 20-014 (the `Project'). City staff has also reviewed the Mitigated Negative Declaration ("MND)" and Addendum to the MND prepared for The Farm Specific Plan project (SCH# 2018031031) adopted by the City Council on May 15, 2018, and July 7, 2020, respectively, including the impacts and mitigation measures identified therein and the Mitigation Monitoring and Reporting Program (MMRP) adopted by the City Council. Based on that review, City staff has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant ' effects not discussed in the prior MND and Addendum to the MND. All potential 2 01087 environmental impacts associated with Code Amendment (CA) 20-004 and Architectural ' Control (AC) 20-014 are adequately addressed by the prior MND, the Addendum to the MND, and the mitigation measures contained in the prior MND, Addendum to the MND, and MMRP will reduce those impacts to a level that is less than significant. The City Council of the City of San Juan Capistrano, based upon the whole record before it, and its independent review and judgment, find that that the Project is not subject to further environmental review pursuant to the Guidelines because: 1. The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior MND or Addendum to the MND; and 2. All potential environmental impacts associated with Code Amendment (CA) 20-004 and Architectural Control (AC) 20-014 are adequately addressed by the prior MND, the Addendum to the MND, and the mitigation measures contained in the prior MND, Addendum to the MND, and MMRP will reduce those impacts to a level that is less than significant. SECTION 3. Findings for Approval of Code Amendment 20-004. The City Council does hereby make the following findings as established by Section 9- 2.309(e) of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed Land Use Code Amendment conforms with the goals and policies of the General Plan because it provides for the fulfilment of the General Plan's goals and policies, including, Land Use Goal 7, which provides, "Enhance and maintain the characterof neighborhoods," and Land Use Policy 7.2, which provides, "Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure." The proposed Land Use Code Amendment will allow for an amendment to The Farm Specific Plan to modify front and side yard setbacks, floor area ratio, and lot coverage standards that will conform to Land Use Goal 7. 2. The proposed Land Use Code Amendment is necessary to implement the General Plan and to provide for public safety, convenience and/or general welfare because the proposed amendment achieves the goals and policies of the General Plan for the reasons listed above. 3. The proposed Land Use Code Amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof because the Project will comply with the development standards established in The Farm Specific Plan (SP 2018-001), as amended. 4. The proposed Land Use Code Amendment is reasonable and beneficial at this time because the City has received an application to amend the development standards in The Farm Specific Plan, subject to approval of all required entitlements. 3 01087 SECTION 4. AmendmenttoThe Farm Specific Plan 2018-01. The proposed amendment to The Farm Specific Plan, and bearing the file number ' as follows: Code Amendment (CA) 20-004 is hereby approved, and hereby adopted by the City Council and incorporated as part of this Ordinance as Exhibit A. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part hereof. The City Council of the City of San Juan Capistrano hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 6. Publication. The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Capistrano Valley News, a newspaper of general circulation that is printed, published, and circulated in the City of San Juan Capistrano. SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted and published in the manner required by law. SECTION 8. ,Location and Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk's office :'located at 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The custodian of these records is the City Clerk. SECTION 9. 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 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 4 01087 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 18th day of May 2021. JOH11%jAYL'1ZfIR, MAYOR 0 MARIA MORRIS, CITY C STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1087 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 4th day of May 2021 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 18'h day of May 2021 by the following vote, to wit: AYES COUNCIL MEMBERS: Reeve, Farias, Hart and Mayor Taylor NOE COUNCIL MEMBERS: None ABS1N : I COUNCIL MEMBERS: Bourne MARIA l 0 l 5 01087 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 10'" day of May 2021, 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 CODE AMENDMENT (CA) 20-004 TO AMEND THE FARM SPECIFIC PLAN (SP) 2018-01 TO MODIFY CERTAIN DEVELOPMENT STANDARDS THAT WOULD CHANGE THE ARCHITECTURAL ELEVATIONS, FLOOR PLANS, AND SETBACKS APPLICABLE TO THE APPROVED 169 -UNIT SINGLE-FAMILY DETACHED, RESIDENTIAL HOME SUBDIVISION ON 35 ACRES THAT COMPRISE TENTATIVE TRACT MAP (TTM) 19063 LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR'S PARCEL NUMBERS 121-182-17, 1-182-63) (APPLICANT: BRETT HAMARA, LENNAR) (THE FARM), ANDETERMINE THAT NO FURTHER CEQA REVIEW IS REQUIRED \ I This document was posted in the Office of the City MARDI O RICITY CLERK) San Juan Capistrano, California 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 191" day of May 2021, 1 caused to be posted a certified copy of Ordinance No. 1087, adopted by the City Council on May 18, 2021, entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-004 TO AMEND THE FARM SPECIFIC PLAN (SP) 2018-01 TO MODIFY CERTAIN DEVELOPMENT STANDARDS THAT WOULD CHANGE THE ' ARCHITECTURAL ELEVATIONS, FLOOR PLANS, AND SETBACKS APPLICABLE TO THE APPROVED 169 -UNIT SINGLE-FAMILY 6 01087 DETACHED, RESIDENTIAL HOME SUBDIVISION ON 35 ACRES THAT ' COMPRISE TENTATIVE TRACT MAP (TTM) 19063 LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR'S PARCEL NUMBERS 121-182-17, 121-182-63) (APPLICANT: BRETT HAMARA, LENNAR) (THE FARM), AND DETERMINE THAT NO FURTHER SQA REVIEW IS REQUIRED L -J This document was posted in the Office of the City ,C MARIAV0k918, CITY CLE( San Juan Capistrano, Califor 7 01087