City of San Juan Capistrano Agenda Report. Honorable Mayor and Members of the City Council. Joel Rojas, Development Services Directo r~

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1 10/17/2017 City of San Juan Capistrano Agenda Report F1a TO: FROM: SUBMITTED BY: PREPARED BY: Honorable Mayor and Members of the City Council ~n Siegel, City Manager Joel Rojas, Development Services Directo r~ Sergio Klotz, Assistant Director ~ DATE: SUBJECT: October 17, 2017 Consideration of Initiation of an Amendment to Comprehensive Development Plan 78-01, Ortega Planned Community, for a Proposed Residential Development Project Referred to as "Tirador'' on property located near the terminus of Calle Arroyo (CA )(Efrem Joelson representing Watt Communities). RECOMMENDATION: Initiate an Amendment to Comprehensive Development Plan 78-01, thereby directing the Development Services Department to conduct an appropriate study of a proposal to allow residential development on property located near the terminus of Calle Arroyo. EXECUTIVE SUMMARY: The applicant, Efrem Joelson representing Watt Communities ("Applicant"), is requesting that the City Council initiate a study for a proposed code amendment that would amend Comprehensive Development Plan 78-01, Ortega Planned Community ("COP ")(Attachment 1 ). Specifically, the applicant seeks an amendment to specific development standards to accommodate a proposed 136-unit residential development on a gross acre site. The property is located on the south side of Calle Arroyo, adjacent to the currently under construction 24 Hour Fitness facility, with Interstate 5 to the west, the vacated Paseo Tirador road to its east and San Juan Creek to the south (Attachment 2). Based on the applicant's concept plan, the proposed amendments to accommodate the proposed use would apply only to this site. COP 78-01, Planning Sector B-3, currently allows high density residential on this site subject to the development standards of the Very High Density zone. The San Juan Capistrano Municipal Code provides that a private party may petition the City Council to initiate consideration of a text amendment to the Land Use Code. An

City Council Agenda Report October 17, 2017 Page 2 of 4 action by the City Council to initiate a code amendment shall not be interpreted as an intent to adopt such an amendment.

2 City Council Agenda Report October 17, 2017 Page 2 of 4 action by the City Council to initiate a code amendment shall not be interpreted as an intent to adopt such an amendment. Should the City Council decide to move forward with the initiation, staff will commence the required environmental review process for compliance with California Environmental Quality Act (CEQA) and project review with the Design Review Committee and Planning Commission. The Planning Commission's recommendation on the matter will eventually be presented to the City Council for a final decision on the applicant's request. DISCUSSION/ANALYSIS: The subject property currently consists of an approximately gross acre vacant site. In 2008, the Ventanas project was entitled allowing eleven multi-tenant officeindustrial buildings on the site with a total of approximately 236,329 gross square feet of building area, including 669 parking spaces. The entitled Ventanas project was never built and the entitlements have since expired. Subsequent to the Ventanas project entitlements, the City identified this location as a suitable high density housing site as part of the adoption of the Housing Element. This site, along with several others throughout the city, is identified to satisfy the City's obligation towards the State's Regional Housing Needs Allocation (RHNA). With the adoption of the Housing Element, this property's zoning (COP 78-01) was amended to allow for very high density residential use, with a maximum density of 30 dwelling units per acre. The currently proposed residential concept would combine both detached and attached residential products totaling approximately 136 units. The density proposed is approximately 8.44 units per acre. According to the applicant, the project would include two product types: 3-story attached townhomes and 2-story detached homes in a zero lot line configuration. The number of townhome units shown is 89, with the remaining 47 units shown as detached. The proposal also includes accommodations for a community building, pool and paseos (Enclosure 1 ). Abutting the applicant's property is a City-owned lot that contains a City water well facility. In accordance with previously granted entitlements, the applicant's project proposes to utilize portions of the City well site for parking and driveway purposes, while maintaining City access to the well site. Because the applicant's residential proposal is in the conceptual stage, there are no architectural plans or details available for review at this point; however, the applicant submitted conceptual elevations from projects completed by the applicant in other jurisdictions reflecting a 3-story product and potential sample architecture of the buildings (shown in Enclosure 1 ). The proposed amendment is to various sections of COP 78-01; specifically, to the development standards within Planning Sector B-3, which refers to the Very High Density standards within San Juan Capistrano Municipal Code (SJCMC) Section (Attachments 3 and 4). The current maximum number of stories permitted is 2- stories. As proposed, the applicant is requesting that the townhomes be allowed in a 3-

City Council Agenda Report October 17, 2017 Page 3 of 4 story product. The applicant is also requesting that the second floor to first floor ratio exceed 80%, the code maximum.

3 City Council Agenda Report October 17, 2017 Page 3 of 4 story product. The applicant is also requesting that the second floor to first floor ratio exceed 80%, the code maximum. Additionally, should there be an allowance for a 3rd story, then the applicant is requesting the establishment of a third floor to second floor ratio in excess of 80%. The current code also identifies building-to-building separation distances of no less than 20 feet. The applicant requests this standard be reduced to less than 20 feet. Lastly, the current boundary for Planning Sector 8-3 would need to be amended based on Lot Line Adjustment , which adjusted the existing property lines to accommodate the entitled 24 Hour Fitness site. Should the City Council elect to move forward with the initiation of this Code Amendment, staff would craft amendments based on the more detailed entitlement applications that would be submitted by the applicant. The submitted development applications would then become the basis for studying and drafting an amendment to the current Comprehensive Development Plan for the property. A complete CEQA evaluation of the proposal would also be performed using a third party consultant, including the preparation of an Initial Study to determine the appropriate CEQA document for the proposed project. After preparation of the CEQA document, the proposed code amendment/entitlement application package would be presented to the Design Review Committee and Planning Commission for review. The Planning Commission's recommendation on the proposed code amendment/entitlement applications would then be presented to the City Council for final consideration at a duly noticed public hearing. Depending on the CEQA analysis, this process is estimated to take six months to one year to complete. FISCAL IMPACT: The cost for processing the code amendment and related project entitlement applications would be charged to the development deposit paid by the applicant. ENVIRONMENTAL IMPACT: The request to initiate a code amendment has been determined to be statutorily exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines (Cal. Code Regs., et seq.) section Under this exemption, a project involving only feasibility or planning studies for possible future actions which an agency has not approved, adopted, or funded does not require the preparation of an EIR or negative declaration. Here, the action before the City Council merely directs staff to undertake a study to determine the feasibility and potential impacts (including environmental impacts) of the applicant's requested code amendment. Undertaking this study is not a commitment to adopt this or any other code amendment, and the study itself will not lead directly to the implementation of any specific project. The action taken only directs staff to study and review the potential for a possible future amendment. Undertaking this study will have no legally binding effect on later activities. Further, and for the same reasons as discussed above, the request to initiate the study is exempt from further CEQA review under State CEQA Guidelines section 15061(b)(3),

4 City Council Agenda Report October 17, 2017 Page 4 of4 which exempts projects that have no potential for causing a significant effect on the environment. PRIOR CITY COUNCIL REVIEW: On September 19, 2017, this item was continued to October 3, On October 3, 2017, this item was continued at the request of the applicant. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Courtesy notices were provided to Property Owners within 500 feet of the subject property. ATTACHMENT(S): Attachment 1 -Applicant's Request for Initiating of Code Amendment Attachment 2 - Aerial Map of the Project Site Attachment 3 - Comprehensive Development Plan 78-01, Planning Sector B-3 Attachment 4- Municipal Code Section ENCLOSURE{S) Enclosure 1 - Tirador Conceptual Site Plan and Elevations

5 WATT COMMUNITIES July 19, 2017 City of San Juan Capistrano Sergio Klotz Assistant Development Services Director Paseo Adelanto San Juan Capistrano, CA SUBJECT: Initiation of Code Amendment Letter of Intent for San Juan Tirador Site Dear Mr. Klotz, Watt Communities LLC is preparing a formal tentative map application for the San Juan Tirador site, generally located at the southwest corner Calle Arroyo and Paseo Tirador in the City of San Juan Capistrano. The gross acre property is zoned per the Comprehensive Development Plan 78-01, also known as the Ortega Planned Community, and designates this site as Very High Density (VHD) residential development, allowing up to 30 dwelling units to the acre for the potential of 483 units. For the VHD development standards, the Ortega Planned Community document refers back to the municipal code development standards for plan design. The enclosed sample 136 unit conceptual site plan includes two house types. The first type is a 3- story attached townhome. Please see enclosed elevation for a sample of how this type of building looks. The second house type is a 2-story detached series of homes in a zero lot line configuration. Please see the enclosed floor plan module and elevations for an example of how these homes live and fit together. The current VHD development standards in the San Juan Capistrano Municipal Code do not allow for 3-story homes, however, the standards do allow for up to 35' of building height, which is approximately the typical height of 3-story townhomes. The VHD development standards also disallow buildings within 20 feet from one another. The intent of this letter is to request a code amendment to Comprehensive Development Plan 78-01, Exhibit 1 and Section Va. (Planning Sector B-3), Item D (Development Standards) to allow for the following items: 3-story homes The maximum 2nd floor/1st floor ratio to exceed 80% The maximum 3rd floor/2nd floor ratio to exceed 80% Building-to-building distance less than 20 feet. Adjust the shared Planning Sector B-1 and B-3 boundary line in Exhibit 1 ofcdp to correspond with the recorded lot line adjustment recorded in Orange County as Instrument Number , dated 12/ Watt Communities\ 2716 Ocean Park Blvd. \Suite 2025 \ Ph \ Fx ATTACHMENT 1

6 Similarly for the 3-story homes, providing the allowance to exceed 80% 3rd floor/2"d floor ratio allows for the livability needed in the floor plans in order to cater to another segment of the homebuyer market. The proposed 3-story building concept may include a 2nd story deck/balcony, with the 3rd story floor acting as the deck cover. In many cases, the 3rd floor area may exceed the 2nd floor area. If City Staff is given direction to proceed with the initiation of the code amendment, the formal application for this site will include an on-site affordable housing component, per San Juan Capistrano Municipal Code Section As a part of the affordable housing on-site, the formal application will request the parking incentive allowances as outlines in Municipal Code Section (d)(8). For clarity, this application is not requesting a code change to the municipal code itself. If approved, the code amendment would only revise Comprehensive Development Plan (Ortega Planned Community) and the new language would control over what is indicated in Section of the municipal code with respect to number of building stories, upper floor/lower floor ratios, and distance between buildings within the VHD Zone development standards. The approval of the proposed code amendment request will allow for the development of new residences in the City of San Juan Capistrano that are more conducive to the work-force housing buyer at an achievable price point. Sincerely, WATT COM EfremJoe Director fforward Planning Watt Communities\ 2716 Ocean Park Blvd.\ Suite 2025\ Ph \ Fx

7 ATTACHMENT 2 L # #::: 1j }.od@ d s jjsurgxf wvljoarjijlj kw#jhvhuyhg:

8 City of San Juan Capistrano 17-a Ortega Planned Community Va. Planning Sector 8 3 A. Purpose and Intent: The purpose and intent of these regulations is to provide for the establishment and regulation of multiple-family residential areas of higher densities that provide for a Very High Density product for the City's households, located and maintained in accordance with the General Plan. B. Principle Uses Permitted: In accordance with the Very High Density uses under Municipal Code Section et.al. C. Conditional Uses: In accordance with the Very High Density uses under Municipal Code Section et.al. D. Development Standards: In accordance with the Very High Density standards under Municipal Code Section et.al. ATTACHMENT 3

9 Table 3-2 Development Standards for Residential Districts One One One One Two Two Two Two Two Storl Storl Story 1 Storl Storl Storl Storl Storl Storl Max. Min. Min. Min. Min. Min. Max. Lot Min. Min. Min. Max. Lot Max. 2nd Bldg. District Lot Street Front Side Rear Coverage Front Side Rear Coverage Density Area Frontage Yard 3.4 Yard 3 ' 5 ' 6 Yard3,7,8,19 Ratio Yard 3.4 Yard 3 ' 5 ' 6 Ya rd3,7,8,19 9 floor/1st Hgt. ratio fir ratio RA10, S 3S du/ac acres 200 lso 20 so 0.12 lso 20 so S% RS-7, ' 11 S du/ac 7,000 sq s S S ft % 3S HR 12 ' 13 Ref. 9-10,000 2S-20 2S-20 3S 60 ls-s 2S/ ls-s 2S S 80% 3.301c(2) sq. RSE- 40,000 3S 1 du/ac 40, ' 11 lso S O.lS S ft. O.lS 7S% sq. RSE- 20,000 3S 2 du/ac 20, ' S 0.2S S 0.2S 80% sq. RS- 3.S 10,000 3S 10, ' S 2S S 0.3S 80% du/ac sq. RG- 7,000 3S ,11,15 S du/ac S % I sq. ft. RS- 4,000 3S 4,00010,11,14 8 du/ac so 18 s 16 o.so S S 80% sq. MRD- 4,000 3S 4,00010,11,17,18 8 du/ac so 18 s S S 80% sq. RG- 4,000 3S 4,00010,11,14,15 8 du/ac so o.so S 80% sq. RM*1o,16 18 du/ac 1 ac lso NA S 80% 3S VHD1o,16 30 du/ac 1 ac lso NA S 80% 3S MHP PRD Development standards for mobilehomes shall be per State Law. Refer to subsection (b)(S)(D) Note: Max. = Maximum, Min. = Minimum, DU = Dw111ing Unit, Yd.= Yard, Bldg.= Building, ATTACHMENT 4

10 1 All new residential projects shall incorporate a combination of one- and two-story units adjacent to all master planned arterial streets, with at least 20 percent of the total project units being one story. In addition, in the HR District, one- and two-story structures shall be intermixed to provide a variety of roof lines, building mass, and setbacks, and two-story structures shall not be located adjacent to project entries or to existing single-story residences. 2 Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance if all of the following conditions are met. (a) The lot's street frontage remains a minimum of 20 feet; (b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion, which is set back away from the street; (c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and (d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street frontage parking. The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. Reduced frontage portion of such lots shall not be included in the computation of lot area (see Section , Irregular and Cul-de-sac Lots). 3 The criteria for measuring setbacks on irregularly shaped and cul-de-sac lots are set forth in Section , Irregular and Cul-de-sac Lots. 4 The setback for garages shall maintain the minimum setbacks for the district. For those residential districts that allow a minimum front yard of 18 feet or less, a minimum setback of 18 feet from the front property line shall be maintained for the garage. If the garage is a side entry, the front yard setback may be reduced to a minimum of 10 feet. However, in no instance shall side entry garages using this standard exceed 20% of the total units for the residential project. In the MRD-4,000 District, garages shall comply with Section (c)(4)(C}(2) of these regulations. 5 Architectural projections may extend into required side yards no more than 40% of the applicable district requirement, or more than 3 feet whichever is greater. 6 Minimum exterior side yards shall not be less than 10 feet for all districts, except for the HR District, in which the minimum exterior side yard adjacent to the street shall not be less than 15 feet. 7 On lots with an existing building setback encroachment into a required side or rear yard, structural additions having the same said encroachment shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section , Nonconforming Uses, Lots, and Structures). Notwithstanding the preceding, any side setback encroachments for dwellings within the Capistrano Garden Homes 2 project area shall require a variance or an exception. 8 In the RA, HR, RSE-40,000, RSE-20,000, RS-10,000, RS-7,000, RS-4,000, RG-7,000, RG-4,000, MRD-4,000, RM, and VHD Districts, open patios may extend up to a minimum of 5 feet from rear property lines pursuant to Section , Accessory Uses and Structures. 9 The overall building square footage for the primary structure shall not exceed that using the floor area ratio. For the purposes of calculating overall square footage, open volume ceilings that include second story area shall be included as square footage as if a second floor has been installed said area shall include garage and enclosed porches. 2

11 10 All front, side, and exterior side architectural elevations shall be fully articulated with the integration of details and materials consistent with the approved architectural style of the unit for residential subdivision. 11 Single-family Design Standards. In all districts where single-family dwellings (site-built, modular, or manufactured home) are permitted, such dwellings shall be subject to the development standards for that district as well as the following requirements: (a) The minimum width of the residential dwelling shall be 20 feet outside dimension measured to the building line. For the purposes of this section, the width shall be distinguished from the length of the building as the dimension having the lesser measurement; (b) The exterior sides shall be covered with wood, stucco, masonry, or other material of similar texture and durability. Metal siding shall not be permitted; (c) The roof material shall be wood shingle or shake, slate, tile, or other material of similar appearance, texture, substance, and durability; (d) Roof eaves and gables shall be no less than 12 inches, measured from the vertical side of the unit, unless otherwise approved by the Planning Commission. Th~ preceding criteria shall be administered by either the Planning Director or Planning Commission, depending on which is responsible for reviewing specific residential projects or custom homes prior to plan check. 12 HR Design Standards: A residential project in the HR District shall be in compliance with the following: (a) (b) The residential design of the project shall give the appearance of a variety of setbacks; The residential design shall encourage pedestrian use for internal circulation; (c) Existing mature trees shall be preserved to the maximum extent and shall be integrated into the overall design of the project. 13 In the HR District, as part of the subdivision review process, lots shall comply with the following: (a) (b) (c) At least 30% of the units shall maintain a minimum front yard setback of 25 feet and rear yard setback of 20ft; At least 70% of the units shall maintain a minimum front yard setback of 20 feet and rear yard setback of 25ft; The minimum side yard setbacks shall be 15 feet combined, but not less than 5 feet on one interior side yard. 14 Projects that propose 7,000 square foot lots or less shall provide private common recreational facilities equal to 250 square feet per unit. In addition, the minimum setback from a master planned arterial street shall be 25 feet as measured from the ultimate right-of-way. A homeowner association shall be created to maintain all the recreational facilities and landscaping and to assume other responsibilities as appropriate. The organization, legal authority, duties, and obligations for such homeowner association shall be set forth in a set of Codes, Covenants, and Restrictions (CC&R) to be approved by the Planning Commission and recorded with the final tract map. Such CC&R shall incorporate provisions for the City to take over or otherwise provide for the maintenance of all the recreational facilities, landscaping, and common areas should the City determine that adequate maintenance is not being performed. 15 The RG-7,000 and RG-4,000 Districts allow attached units with zero lot lines. 16 In the "RM" and "VHD" Districts, a minimum distance of 20 feet shall be maintained between all buildings including principal and accessory structures. 3

12 17 Single-family homes shall be permitted as a primary land use within the GC district in neighborhoods where existing development is predominantly single-family residential. Such existing lots, on which single-family residences are the primary use, shall be subject to the single-family development standards of the RS-7000 district or other residential district as determined most applicable by the Planning Director. 18 In the Mission Hill area of the MRD-4,000 District, lots with an average slope in the front yard of less than 15% shall comply with the minimum front yard setback. Lots with an average slope equal to or greater than 15% shall provide a minimum 10 feet setback. In the Mission Flat area of the MRD-4,000 District, the principle dwelling, with or without an attached front-loaded garage, shall maintain a minimum front yard setback of 18'-0" for one-story and 20'-0" for twostory structures. 19 In the MRD-4,000 District, detached garages situated to the rear of the principal dwelling shall maintain a minimum 3'-0" side and rear yard setback. Detached garages may incorporate other permitted accessory uses. 4

City of San Juan Capistrano Agenda Report. Honorable Mayor and Members of the City Council

2/6/2018 City of San Juan Capistrano Agenda Report F1a TO: FROM: Honorable Mayor and Members of the City Council %enjamin Siegel, City Manager SUBMITTED BY: PREPARED BY: Joel Rojas, Development Services