Ordinance Number 1032 ORDINANCE NO. 1032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING AN ADDENDUM TO THE
MITIGATED NEGATIVE DECLARATION ADOPTED FOR THE 2014-2021
GENERAL PLAN HOUSING ELEMENT (GPA 13-001) AND APPROVING
AN AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE THE 2.5
ACRE NORTHERNMOST PORTION OF 32400 PASEO ADELANTO,
ASSESSORS PARCEL NUMBER 668-101-23 FROM COMMERCIAL
MANUFACTURING TO VERY HIGH DENSITY RESIDENTIAL (PROJECT
NAME: CITY HALL REZONE) (PROJECT NUMBER: RZ 15-001)
WHEREAS, on May 5, 2015, the City Council initiated a General Plan
Amendment to amend the General Plan Housing Element, Table 25: Sites Inventory Table
and Corresponding Details and the Land Use Designation for the City Hall site (a portion of
APN: 668-101-10), and to initiate the rezoning of the same property to be consistent with
the proposed new Land Use Designation;
WHEREAS, the proposed Rezone has been processed pursuant to Section
9-2.315, Title 9 of the Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act (Pub.
Resources Code, § 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code
Regs., tit. 14, § 15000 et seq.), the City Council adopted a Mitigated Negative Declaration
for its 2014-2021 General Plan Housing Element (GP 13-001) in January 2014 (2014
Housing Element MND); and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary
actions in furtherance of a project for a mitigated negative declaration has previously been
adopted, the Lead Agency is required to review any changed circumstances and determine
whether any circumstances under State CEQA Guidelines section 15162 require
additional, subsequent environmental review; and
WHEREAS, the Environmental Administrator reviewed the Zone Change for
the City Hall site and determined that none of the circumstances identified under State
CEQA Guidelines section 15162 are present, but minor technical changes to the 2014
Housing Element MND are nonetheless required; and
WHEREAS, City Staff therefore prepared an Addendum to the 2014 Housing
Element MND pursuant to State CEQA Guidelines section 15164, and has otherwise
complied with all applicable provisions of CEQA and the State CEQA Guidelines; and
WHEREAS, the City Council has been provided the Addendum and has
reviewed it in connection with the 2014 Housing Element MND; and
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WHEREAS, pursuant to State CEQA Guidelines section 15164(c), the
Addendum is not required to be circulated for public review, but can be attached to the
adopted 2014 Housing Element MND; and
Whereas, the City solicited Tribal input on the project from the Native
American tribes identified by the Native American Heritage Commission (NAHC) to
participate in consultation and the tribes who requested, in writing, that an agency inform it
of proposed projects (in accordance with AB52) on July 1, 2015; and
Whereas, the Planning Commission conducted a duly-noticed public hearing
on February 9, 2016, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider
public testimony on the proposed project and has considered all relevant public comments;
and
Whereas, the City Council conducted a duly-noticed public hearing on
May 3, 2016, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public
testimony on the proposed project and has considered all relevant public comments.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are
true and correct and are incorporated herein as substantive findings of this Ordinance.
SECTION 2. Environmental Review.
1. State CEQA Guidelines section 15164 allows lead agencies to prepare an
addendum to a previously adopted negative declaration if minor technical changes to the
project are necessary, but none of the conditions require preparation of a subsequent EIR
or negative declaration are present.
2. The City Council has reviewed and considered the Addendum together with the
2014 Housing Element MND, and finds that those documents taken together contain a
complete and accurate reporting of all of the environmental impacts associated with GPA
15-003 and RZ 15-001. The City Council further finds that the Addendum and the
administrative record have been completed in compliance with CEQA and the State CEQA
Guidelines. The City Council further finds and determines that the Addendum reflects the
City's independent judgment.
3. Based on the substantial evidence set forth in the record, the City Council finds
that an addendum is the appropriate document for disclosing the minor technical changes
and additions that are necessary to account for GOA 15-003 and RZ 15-001. The City
Council finds that based on the whole record before it, none of the conditions under State
CEQA Guidelines section 15162 requiring the need for further subsequent environmental
review have occurred because:
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(a) No substantial changes are proposed which will require major revisions to
the previous negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
(b) No substantial changes have occurred with respect to the circumstances
under which the project is undertaken which will require major revisions of
the previous negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects; or
(c) New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time
the previous negative declaration was adopted, has come to light that shows
the project will have one or more significant effects not discussed in the
previous negative declaration.
4. Based on the substantial evidence set forth in the record, the City Council of the
City of San Juan Capistrano adopts the Addendum to the 2014 Housing Element MND.
SECTION 3. Change of Zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano does hereby make the following findings as established by,
Section 9-2.315, Change of Zoning District of Title 9, Land Use Code of the City of San
Juan Capistrano:
(1) The proposed zone change is consistent with the General Plan land use map
and applicable goals and policies;
The rezoning of the City Hall site is proposed to occur concurrently with a
change to the General Plan Land Use Map (GPA 15-003) to change the land
use designation of the City Hall site from 4.1 Quasi-Industrial to 2.6 Very High
Density Residential. If the proposed General Plan amendment is approved, the
proposed zone change (RZ 15-001) from Commercial Manufacturing to Very
High Density Residential would be consistent with the amended General Plan
Land Use Map.
Land Use Goal 2 of the General Plan directs the City to "control and direct future
growth within the City to preserve the rural village like character of the
community". Supporting Policy 2.2 further states that the City will "assure that
new development is consistent and compatible with the existing character of the
City." As the City of San Juan Capistrano is almost entirely built out, the majority
of land identified in the proposed Housing Element Sites Inventory focuses on
vacant and underutilized land (such as the City Hall site) that could support infill
housing development. Rezoning the City Hall site ensures that the City will have
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adequate housing development capacity to meet the State-mandated RHNA
while preserving the City's established lower-density residential neighborhoods.
Land Use Policy 7.2 of the General Plan states that the City will "ensure that
new development is compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure." Although the
proposed zone designation for the City Hall site may result in more intense
development than the current use of the site, the City hall site is surrounded by
non-residential uses (office/business park, shopping center, City of San Juan
Capistrano Public Works building, and Trabuco Creek) that are compatible with
the proposed Very High Density Residential General Land Use Designation and
implementing zone.
(2) The proposed zone change is consistent with the Land Use Code, including
Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix;
The proposed Very High Density Residential zone is consistent with the
proposed General Plan Land Use designation (2.6 Very High Density
Residential), as shown in Article 1 General Plan Review and Table 2-1, Zoning
Consistency Matrix, because the rezoning of the City Hall site is proposed to
occur concurrently with a change to the General Plan Land Use Map (GPA 15-
003) to change the land use designation of the City Hall site from 4.1 Quasi-
Industrial to 2.6 Very High Density Residential.
(3) The site of the proposed zone change is suitable for any of the land uses
permitted within the proposed zone district;
The land uses permitted by right in the Very High Density Residential zone
include a range of residential uses, as well as parks and public buildings and
facilities. The size (2.5 acres) and location of the site can accommodate any of
the permitted land uses given the flat topography, easy access via Paseo
Adelanto, and availability of supporting infrastructure. The general area
surrounding the City Hall site consists of commercial and low-intensity business
uses and higher density residential uses, such as the San Juan Mobile Estates,
located across Trabuco Creek. These surrounding uses are of an intensity and
activity level similar to those associated with a multifamily residential use; thus,
the proposed General Plan amendment and Zone Change are compatible with
the permitted land uses in the zone designation and the proposed Very High
Density Residential zone in particular.
While the site is suitable for the permitted uses within the zone designation, any
additional public infrastructure and access to accommodate the permitted
uses—including the site's most intense potential use—would be planned and
provided as part of any future development project.
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(4) The uses allowed by the proposed zone change are compatible with existing and
planned uses on surrounding properties and the community in general;
Surrounding land uses include an office/business park to the north, a City Public
Works building to the south, the Plaza Del Rio Shopping Center to the east,
Trabuco Creek to the west, and the San Juan Mobile Estates across Trabuco
Creek. Although the proposed General Plan Land Use Designation change and
Zoning change for the City Hall site could result in more intense development
than the current use of the site, as described in Finding #3 above, the site is
surrounded by non-residential uses that are compatible with the proposed Very
High Density Residential General Land Use Designation and implementing zone.
Designation of the City Hall site for possible housing development would benefit
the community in general by creating additional housing opportunities at a
density that could support development of affordable housing, allowing the City
to meet its housing obligation under State law, and preserving the existing
character of the City's low-density residential neighborhoods.
(5) The proposed zone change is reasonable and beneficial at this time.
New housing, if constructed on the City Hall site, will produce more units than
exist today, providing greater opportunities for people to purchase or rent homes
in San Juan Capistrano while also protecting the City's low-density residential
neighborhoods. The proposed zone change will ensure that the City can meet its
obligation under State housing element law to provide adequate development
capacity for housing for all income ranges.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano does hereby approve of Rezone 15-001 to amend the Zoning
Map for the City Hall site, incorporated herein as Exhibit A.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance and each section, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more section, sentence, clause, phrase, or
portion thereof be declared invalid or unconstitutional.
SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 6. Custodian of Records. The documents and materials associated with
this Resolution that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The City Clerk is the custodian of the record of proceedings.
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SECTION 7. 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. 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 Ar TED this 17th day of May 2016.
AM PATTERS SQ., MA
ATTEST:
( _\k [_
ARIA MOR IS, CI CLERK
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. 1032 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 3rd day of May 2016, and that thereafter, said Ordinance was duly adopted
and passed at the Regular Meeting of the City Council on the 17th day of May 2016, by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Perry, Reeve, Ferguson and Mayor Patterson
NOES COUNCIL MEMBERS: None
ABSyENT: COUNCI M ERS: None
(_ ( D1
ARIA MORR S, Y CLERK
Page 6
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 10th day of May 2016, 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, ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE
DECLARATION ADOPTED FOR THE 2014-2021 GENERAL PLAN HOUSING ELEMENT
(GPA 13-001)AND APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP TO
REZONE THE 2.5 ACRE NORTHERNMOST PORTION OF 32400 PASEO ADELANTO,
ASSESSORS PARCEL NUMBER 668-101-23 FROM COMMERCIAL MANUFACTURING
TO VERY HIGH DENSITY RESIDENTIAL (PROJECT NAME: CITY HALL REZONE)
(PROJECT NUMBER: RZ 15-001)
This document was posted in the Office of the Cit I k
1
MART MOR IS, CITY CL K
San Juan apistrano, 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 31St day of May 2016, 1 caused to be posted a certified copy of Ordinance No.
1032, adopted by the City Council on May 17, 2016, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE
DECLARATION ADOPTED FOR THE 2014-2021 GENERAL PLAN HOUSING ELEMENT
(GPA 13-001)AND APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP TO
REZONE THE 2.5 ACRE NORTHERNMOST PORTION OF 32400 PASEO ADELANTO,
Page 7
ASSESSORS PARCEL NUMBER 668-101-23 FROM COMMERCIAL MANUFACTURING
TO VERY HIGH DENSITY RESIDENTIAL (PROJECT NAME: CITY HALL REZONE)
(PROJECT NUMBER: RZ 15-001)
This docLffl nt oste it the Office of the City Clerk
ARIA MOR IIT CLERK
-duan Capis no, California
Page 8
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