Ordinance Number 451ORDINANCE NO. 451 1
AMENDING REZONE 81-
COT;ii
437
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING REZONE 81-3 BY CHANGING
ARTICLE 2.9 OF THE COMPREHENSIVE DEVELOPMENT
PLAN REGARDING THE HOUSING OPPORTUNITIES PROGRAM
(GLENDALE FEDERAL PLANNED COMMUNITY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
1. The City's Environmental Review Board has reviewed
the subject amendment, has determined that the
project will have a significant effect on the
environment, has required the preparation of an
Environmental Impact Report, and has otherwise
carried out all requirements of the California
Environmental Quality Act. (The Environmental
Impact Report prepared for the project has been
certified as adequate.)
2. The proposed zoning is consistent with the land
use, circulation and other designations shown for
the property in the General Plan. The proposed
zoning is otherwise consistent with the overall
goals and policies of the General Plan.
3. The amendment to the Housing Opportunities Program
will conform to the development standards and
other applicable provisions of Title 9 of the
Municipal Code and Ordinance No. 437.
4. A duly noticed public hearing has been held to
receive and consider public testimony regarding
the proposed amendment to the Comprehensive
Development Plan.
SECTION 2. Amendment.
Based on the findings set forth in Section 1, preceding,
the City Council ordains that the following be
incorporated into the Comprehensive Development Plan
for Glendale Federal Savings and Loan:
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2 "HOUSING OPPORTUNITIES PROGRAM
"Introduction and Basic Requirements
"This Comprehensive Development Plan (CDP) recognizes
the desired objective to provide housing opportunities
for all income groups, both on a community and regional
scale. This Housing Opportunities Program has been
designed to: (1) provide opportunities for persons of
a wide range of income levels to live in San Juan
Capistrano; (2) maintain the diversity of income levels
of persons living in San Juan Capistrano; and (3)
continue to provide the City's fair share of the region's
supply of affordable housing.
"Ten percent (10%) of the total number of dwelling units
in the project shall be designated as affordable dwelling
units. 'Affordable dwelling units' shall be defined as
newly constructed dwelling units which are made available
for occupancy by low- and moderate -income households.
Low-income households shall be those receiving less
than 80 percent of the median Orange County family
income; moderate -income households shall be those
receiving 80-120 percent. Median Orange County income
shall be as established by the U.S. Department of
Housing and Urban Development.
"Implementation
"A. Development of the Housing Opportunities Program
"As a condition of approval of the first tentative
map for a development area, the developer shall
submit a Housing Opportunities Program for said
development area. This document shall be reviewed
and approved prior to or concurrent with the
tentative map review and shall specify the type of
program, provide a timetable for implementation,
outline marketing methods, indicate the nature and
timing, if any, of the public agency involvement,
and designate the method of selecting affordable
dwelling units.
"B. Methods
"The approved Housing Opportunities Program may be
implemented by any of the following methods:
"1. The affordable dwelling units may be offered
for sale to persons who are eligible for a
housing assistance program sponsored by a
public agency.
1WM
112. The affordable dwelling units may be offered
for sale to any public agency, which
thereafter may: (a) subsidize the first
resale and control subsequent resales; or (b)
rent the units to persons who are eligible
for housing assistance payments.
"3. The affordable dwelling units may be offered
to private investors as rental units under
the provisions of Section 8 of the Federal
Housing Act of 1974 or a similar rent
supplement program as approved by the City.
Designated units shall be offered only to
investor -buyers who commit to participation
in such rent supplement program prior to
purchase.
"4. The affordable dwelling units may be provided
for occupancy by qualified persons under any
other workable program approved by the City
and the developer, whether or not it requires
a public subsidy.
"C. Holding Period for Affordable Dwelling Units
"Affordable dwelling units in a particular
development parcel subject to this CDP are to be
available for sale and remain available for sale
as provided for in paragraph A, preceding, until
all other units in such development parcel not
designated as affordable dwelling units are sold.
After the sale of the last such non -designated
unit, the remaining designated affordable dwelling
units shall remain available for sale as part of
the Housing Opportunities Program (per paragraph A)
but may also be offered for sale to the general
public. However, in order to offset the loss of
such units, the City may require that up to an
equal number of new affordable housing opportunity
units be designated in other development parcels
subject to the Housing Opportunity Program. It is
the intent of this program to limit the maximum
number of affordable units in any one parcel to 20
percent of the total number of units in the parcel
(unless otherwise previously agreed upon between
the City and developer). In the event that the
last development parcel is constructed and the
accumulated number of affordable units exceeds 20
percent, then the numerical affordable unit
requirement shall be reduced to not more than 20
percent of the last development parcel's total.
Furthermore, if the remaining number of affordable
units in the last designated parcel are not obtained
by participating, eligible families, then the
developer may sell the remaining designated units
as the market allows.
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"D. No Developer Subsidy or Financial Assistance
"The Housing Opportunity Program shall not require
the developer to subsidize the construction or
sale price of any affordable dwelling unit.
"E. Division of Responsibilities
"It is the responsibility of the developer to
produce a Housing Opportunities Program as outlined
in paragraph A above. If, after approval of the
program, the City cannot provide the funds or
mechanisms to assist in the implementation of the
program in accordance with the time schedule
contained in the approved Housing Opportunities
Program, the developer shall be released from the
requirements set forth in this section."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this day of
March , 1982 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
ATTEST:
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 451 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on March 2 1982 , and adopted at
a meeting held on March 16 1 1982.
(SEAL)=�
MARY ANN NOVER`, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 17 day of March 1982
she caused to be posted:
ORDINANCE NO. 451
being: AMENDING REZONE 81-3 (ORDINANCE NO. 437
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING REZONE 81-3 BY CHANGING
ARTICLE 2.9 OF THE COMPREHENSIVE DEVELOPMENT
PLAN REGARDING THE HOUSING OPPORTUNITIES PROGRAM
(GLENDALE FEDERAL PLANNED COMMUNITY)
in three (3) public places in the City of San Juan Capistrano,
to wit: The Administration Building; The San Juan Hot Springs
Dance Hall; The Orange County Public Library.
MARY R, City ClerkNOV R, City Clerk
San Juan Capistrano, California
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