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Ordinance Number 1007 ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 13-002 TO AMEND SECTIONS 9-3.301 AND 9-3.505 OF THE LAND USE CODE OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO RESIDENTIAL DISTRICTS AND AFFORDABLE HOUSING REQUIREMENTS Whereas, State Housing Element Law (Government Code Section 65583.2(c)) establishes "default densities" that the Department of Housing and Community Development (HCD) uses to determine if a site is adequate to provide affordable housing, and if sites are zoned with an allowable density at or above the default density, HCD deems those sites adequate to provide affordable housing; and Wheras, based on the State's "default densities" and the City's population and location, sites allowing at least 30 dwelling units per acre are deemed appropriate to accommodate very low- and low-income households; and Whereas, State Density Bonus Law (Government Code Section 65915) requires every city and county to adopt an ordinance providing density bonuses and other incentives or concessions to persons wishing to develop affordable housing projects and senior housing projects; and I Whereas, in accordance with Government Code Section 65915 the City enacted Municipal Code Section 9-3.505 relating to the its Density Bonus Program; and Whereas, the State amended Government Code Section 65915 after the City enacted Municipal Code Section 9-3.505; and Whereas, in accordance with Government Code Section 65583.2(c), the City of San Juan Capistrano proposed by Resolution on January 21, 2014, to amend the General Plan Land Use Element to create a maximum density of 30 dwelling units per acre; and Whereas, on September 3, 2013, the City Council initiated consideration of amendments to the Land Use Element of its General Plan and the Land Use Code (Title 9) of its Municipal Code to (1) create a 'Very High Density" land use and zoning designation which would allow residential use at thirty dwelling units per acre and establish standards relating thereto and (2) amend Municipal Code Section 9-3.505 to conform to amendments to the State Density Bonus Law; and, Whereas, if approved, this Code Amendment would amend Municipal Code Section 9-3.301 to create a "Very High Density" zoning designation that allows residential use at 30 dwelling units per acre; and Page 1 Whereas, if approved, this Code Amendment would also amend Municipal Code Section 9-3.505 to update the City's Density Bonus Program to conform to amendments to the State Density Bonus Law (Government Code Section 65915); and Whereas, the Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the California Environmental Quality Act (CEQA) Guidelines, has issued a draft 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; and all mitigation measures have been included herein; and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15074 of the CEQA, has considered all project environmental documentation and technical studies, and after careful study, the Planning Commission recommended the City Council approve the Mitigated Negative Declaration; and, Whereas, on December 10, 2013, the Planning Commission conducted a duly- noticed public hearing pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments, and after careful study, the Planning Commission recommended the City Council approve Code Amendment (CA) 13-002 and in conjunction with the foregoing that the City Council also approve the Mitigated Negative Declaration prepared therefor; and, Whereas, on January 21, 2014, the City Council conducted a duly-noticed public hearing pursuant to Title 9, Land Use Code, Section 9-2.302, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and determines: (1) The proposed Code Amendment is consistent with the goals and policies of the General Plan, in that, the amendment creates a balanced land use pattern to ensure the city continues to provide public services and facilities; and, (2) The proposed Code Amendment is consistent with the goals and policies of the General Plan, in that, the amendment creates a balanced land use pattern to ensure the city continues to provide public services and facilities; and, Page 2 (3) The proposed Code Amendment is necessary to implement the General Plan and to provide for public convenience, and general welfare in that it offers the ability to provide higher density residential developments which offers alternative residential products to the community; and, (4) The site of the proposed Code Amendment conforms with the intent of the Development Code and is consistent with all applicable related provisions; and, (5) The proposed Code Amendment is reasonable and beneficial at this time, in that, the provision of Very High Density zoning allows for a residential use which is otherwise not possible elsewhere in the community. SECTION 2. Very High Density Zone. Section 9-3.301 of the San Juan Capistrano Municipal Code is hereby amended as depicted on the document attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. Density Bonus. Section 9-3.505 of the San Juan Capistrano Municipal Code is hereby amended as depicted on the document attached hereto as Exhibit "B" and incorporated herein by reference. SECTION 4. 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 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the second reading. L Page 3 SECTION 6. 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 for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTE ^this 4th day of February 2014. VM ALLEVATO, MAYOR Ji JE f: M RI RRIS, ClCLER 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. 1007 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 21st day of January 2014, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 4th day of February2 14, by the following vote, to wit: AYES: N IL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato NOES A IL MEMBERS: None ABSENT: C I EMBERS: None MARI)kMOKIRI , CITY ER Page 4 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 23`d day of January 2014, 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 CODE AMENDMET (C ) 13-002 TO AMEND SECTIONS 9-3.301 AND 9-3.505 OF THE LAND USE CNEOTHE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO RESIDISTRICTS AND AFFORDABLE HOUSING REQUIREMENTSThis document was posted in the Office of th MARI O RIS, CITY LE San Juan C pistrano, Ca ' ornia i 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 6t" day of February 2014, 1 caused to be posted a certified copy of Ordinance No. 1007, adopted by the City Council on February 4t", 2014, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 13- 002 TO AMEND SECTIONS 9-3.301 AND 9-3.505 OF THE LAND USE CODE OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO RESIDENTIAL DISTRICTS AND AFFORDABLE HOUSING REQUIREMENTS Page 5 This document was posted in the Office of th Ci y w\ {I I I MA A RIS; CITY R San RIS,pistrI C ifornia II Page 6