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Ordinance Number 997ORDINANCE NO. 997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE NOTICE OF EXEMPTION AND APPROVING CODE AMENDMENT 12-02 TO AMEND TITLE 9 OF THE LAND USE CODE SECTION 9-5.103 REDUCING THE HOUSING IN -LIEU FEE BY 10%. Whereas, the City of San Juan Capistrano established Municipal Code Section 9-5.103, Housing In -Lieu fee, in 1995 for residential developers who prefer to pay a fee rather than provide 10% of their development for affordable households, in accordance with the City's Inclusionary Housing Requirement; and, Whereas, in 2012, the City Council established a priority list including creating a "Business Friendly Environment" for the developers, businesses and residents of San Juan Capistrano; and, Whereas, the City Council initiated a code amendment on May 15, 2012, to reduce the Housing In -Lieu Fee by 10%, pursuant to Resolution 12-05-15-04, in an effort to be Business Friendly to residential housing developers; and, Whereas, the code amendment reduces the Housing In -Lieu Fee = calculation by 10%; and, Whereas, the City of San Juan Capistrano Housing Advisory Committee conducted a work session regarding the reduction of the Housing In -Lieu Fee and forwarded a recommendation to reduce all development -related fees, including but not exclusive to the Housing In -Lieu fee, by 10%; and, Whereas, the San Juan Capistrano Planning Commission conducted a duly noticed public hearing on August 28, 2012, and approved Resolution 12-08-28-01 recommending the City Council approve Code Amendment (CA) 12-02 to amend Title 9 of the Land Use Code Section 9-5.103 reducing the Housing In -Lieu Fee by 10%; and, Whereas, the Environmental Administrator has evaluated CA 12-02 and determined that the project is categorically exempt from the California Environmental Quality Act Guidelines; and, Whereas, the City Council finds that the proposed Land Use CA 12-02 is consistent with the goals and policies of the General Plan; and, Whereas, the City Council finds that the proposed Land Use Code Amendment is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare; and, Whereas, the City Council finds that the proposed Land Use Code 0997 Amendment conforms with the intent of the Development Code and is consistent with other applicable related provisions thereof; and, 7 Whereas, the City Council finds that the proposed Land Use Code Amendment is reasonable and beneficial at this time. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Code Amendment 12-02. San Juan Capistrano Municipal Code Section 9-5.103(c)(2) is amended as follows indicated in bold. a. Development for Rental Units - (Mean Monthly Market Rent('} -Mean Monthly Affordable Ren t�2�) x10 year affordability Covenant(3) = 4 Ax 10%(4) = Obligation Per Unit Obligation Per Unit — (10% x Obligation Per Unit) = Housing In -Lieu Fee Per Unit b. Development for Ownership Units - Market Sales Price(') - Affordable Sales Price �2� =a A x 10%(3) = Developer's Obligation ! 1 Developer's Obligation — (10% x Developer's Obligation) = Housing In -Lieu Fee Per Unit passage. Section 2. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its Section 3. 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 and shall post a certified copy of this Ordinance, together with the vote and against the same, in the Office of the City Clerk. 2 0997 PASSED, APPROVED AND ADOPTED this 18" day of September 2012. LAR Y KRAM&MZAYOR ATTEST: MARY CITY C RK 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. 997 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 4" day of September 2012, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 181" day of Septembq!)2012, la) the following vote, to wit: AYES:N MEMBERS: Allevato, Freese, Reeve, Taylor and Mayor Kramer NOES b UN MEMBERS: None ABSENT!C60N L MEMBERS: None 1&1'1. 0997 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 5th day of September 2012, 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 COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TFj4 NOTICE OF EXEMPTION AND APPROVING CODE AMENDMENT 12-02 TQ(4MFAN14 TITLE 9 OF THE LAND USE CODE SECTION 9-5.103 Rf DVIPJG THE HOUSING IN -LIEU FEE BY 10%. This document was posted in the Office of the MARIA I San Jua STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: ITY CLE AFFIDAVIT OF POSTING 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 20th day of September 2012, 1 caused to be posted a certified copy of Ordinance No. 997, adopted by the City Council on September 18, 2012, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVINGTH OTICE OF EXEMPTION AND APPROVING CODE AMENDMENT 12-02 TOA E TLE 9 OF THE LAND USE CODE SECTION 9-5.103 RE THE HOUSING IN -LIEU FEE BY 10%. This document was posted in the Office of the MARIA �ITYoCLERK San Juan pistra , Californi5 4 ---� 0 997 n i�