ORDINANCE NO. XXXX. WHEREAS, the proposed Rezone has been processed pursuant to Section , Title 9 of the Municipal Code; and
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1 ORDINANCE NO. XXXX 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 GENERAL PLAN HOUSING ELEMENT (GPA ) AND APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE THE 2.5 ACRE NORTHERNMOST PORTION OF PASEO ADELANTO, ASSESSORS PARCEL NUMBER FROM COMMERCIAL MANUFACTURING TO VERY HIGH DENSITY RESIDENTIAL (PROJECT NAME: CITY HALL REZONE) (PROJECT NUMBER: RZ ) 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: ), 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 , Title 9 of the Municipal Code; and WHEREAS, pursuant to the California Environmental Quality Act (Pub. Resources Code, et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code Regs., tit. 14, et seq.), the City Council adopted a Mitigated Negative Declaration for its General Plan Housing Element (GP ) 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 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 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 Page 1 ATTACHMENT 4
2 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 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 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 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 and RZ 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 and RZ The City Council finds that based on the whole record before it, none of the conditions under State CEQA Guidelines section requiring the need for further subsequent environmental review have occurred because: (a) No substantial changes are proposed which will require major revisions to Page 2
3 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 ofthe City of San Juan Capistrano does hereby make the following findings as established by, Section , 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 ) 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 ) 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 adequate housing development capacity to meet the State-mandated RHNA Page 3
4 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 ) 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. ( 4) The uses allowed by the proposed zone change are compatible with existing and planned uses on surrounding properties and the community in general; Page 4
5 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 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, Paseo Adelanto, San Juan Capistrano, California The City Clerk is the custodian of the record of proceedings. Page 5
6 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 ADOPTED this day of ATTEST: PAM PATTERSON, ESQ., MAYOR MARIA MORRIS, CITY CLERK Page 6
7 Zoning Map Amendment: Current- Proposed- Page 1 Exhibit A
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