Ordinance Number 1064ORDINANCE NO. 1064
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REZONE REQUEST TO
AMEND THE OFFICIAL ZONING MAP FROM OFFICE COMMERCIAL TO
PUBLIC & INSTITUTIONAL FOR 31451, 31531, & A PORTION OF 31501
AVENIDA LOS CERRITOS (APNS 650-151-14/15, & 1.4 ACRE PORTION
OF 650-151-24) (APPLICANT: PROTEA SENIOR LIVING, SJC, LLC)
Whereas, Protea Senior Living, SJC, LLC, 18 Ventana Ridge Drive, Aliso Viejo,
CA 92656, has requested approval of a Rezone to amend the official zoning map from
Office Commercial To Public & Institutional for 31451, 31531, & a portion of 31501
Avenida Los Cerritos (APNs 650-151-14/15, & 1.4 acre portion of 650-151-24); and,
Whereas, South Coast Christian Assembly, 31501 Avenida Los Cerritos, San Juan
Capistrano, CA 92675 is the owner of the property as listed *above; and,
Whereas, on February 20, 2018 the City Council of the City of San Juan Capistrano
initiated a General Plan Amendment for a proposed memory care facility on the subject
site consisting of approximately 2.06 acres with two single family residents and a vacant
lot; and,
Whereas, the project has been processed pursuant to Section 9-2.307, General
Plan Amendment 17-002, and Section 9-2.315, Zone Cha fte, Rezone, 17-001, of Title
u 9, Land Use Code of the City of San Juan Capistrano to establish the land use policies
and zoning regulations for the project site, in the form of the proposed Protea Memory
Care Facility; and,
Whereas, the Environmental Administrator reviewed the initial study prepared
pursuant to Section 15063 and 15064 of the CEQA Guidelines, and has overseen the
preparation of a Mitigated Negative Declaration (MND) pursuant to Section 15070, e/
seq., of those guidelines; has provided notice of the intent ib adopt a Mitigated Negative
Declaration pursuant to Section 15072 of those guidelines, and has otherwise complied
with all applicable provisions of the California Environmental Quality Act (1970); and,
Whereas, the Initial Study and the Mitigated Negative Declaration were available
for public review from January 24, 2019, to February 13, 2019; and,
Whereas, the City received two comments on the Mitigated Negative Declaration
from public agencies and interested parties during the public review period; and,
Whereas, the City has prepared responses to the comments received and made
minor revisions to the Initial Study / Mitigated Negative Declaration documentation, which
are embodied in the a Final Initial Study/ Mitigated Negative Declaration (the Final
IS/MND); and,
Whereas, the Planning Commission conducted a duly -noticed public hearing on
February 26, 2019, 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 has prepared responses to the comments received and
provided a response to the comment, which has been embodied in the a Final Initial
Study/ Mitigated Negative Declaration (the Final IS/MND); and,
Whereas, the City Council has considered the Environmental Administrator's
determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), has considered all project environmental documentation including the Final
IS/MND; and,
Whereas, on March 19, 2019, the City Council held a duly noticed public hearing
to consider the provisions of this Ordinance and following receipt of all written and oral
public comments, the City Council closed the public hearing, considered the evidence
presented, and deliberated.
NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of San Juan Capistrano hereby finds
and determines that all of the above Recitals are true and correct and incorporates
such Recitals into this Ordinance as if fully set forth herein.
0,
SECTION 2. CEQA.
The City Council of the City of San Juan Capistrano does hereby make the
following findings with respect to the California Environmental Quality Act (CEQA) and
the Mitigated Negative Declaration (MND):
1. The City Council has reviewed and considered the Final IS/MND and the public
testimony regarding the environmental review of the Project; and
2. The City Council finds on the basis of the evidence presented and the whole
record before it, including the Final IS/MND that there is no substantial evidence that the
proposed project, as mitigated, will have a significant effect on the environment; and
3. Whereas, the City Council finds that the Mitigation Monitoring and Reporting
Program should be adopted with all mitigation measures made enforceable as a
regulatory requirement for thia development of the Specific Plan; and
4. Whereas, the City Council further finds that the recommendation of adoption of
the mitigated negative declaration reflects the City Council's independent judgment and
analysis; and
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s.
5. Whereas, the record of proceedings on which the City Council's decision is
based is located at City Hall for the City of San Juan Capistrano, located at 32400 Paseo
Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is
the Development Services Department Administrative Specialist.
SECTION 3. Rezone 17-001
1. The rezoning of the 2.06 acre site is proposed ,to occur concurrently with a
change to the General Plan Land Use Map (GPA 17-002) to change the land use
designation from 4.4 Office/Research Park to 5.3 Assisted Care Facilities. If the proposed
General Plan amendment is approved, the proposed zone change (RZ 17-001) from
Office Commercial to Public & Institutional 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". The proposed development would
utilize a portion of a vacant lot, and two lots which are currently developed with single
family residential structures. The sites with the residential structures were rezoned to
office, but never developed for office use. Rezoning the 2.06 -acre site ensures that the
City will have additional assisted care facilities and institutional development capacity
while preserving the City's rural village like character, because the project proposes to fill
in a vacant site with construction that will be similar in architecture and development
standards with the surrounding existing developments.
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". The proposed memory care facility is
surrounded by office parks and institutional uses (church with a preschool) which are
compatible with the proposed Assisted Care Facility General Land Use Designation and
Public & Institutional zone.
2. The proposed Public & Institutional zone is consistent with the proposed
General Plan Land Use designation (5.3 Assisted Care Facilities), as shown in Municipal
Code Section 9-2.105, Table 2-1, Zoning Consistency Matrix, because the rezoning of
the proposed memory care facility site is proposed to be rezoned concurrently with a
change to the General Plan Land Use Map (GPA 17-002) from 4.4 Office/Research Park
to 5.3 Assisted Care Facility. Public & Institutional zoning is consistent with the Assisted
Care Facilities General Plan Land Use designation.
3. The land uses permitted by right in the Public & Institutional zone include a
range of institutional uses, as well as public buildings and facilities. The size (2.06 acres)
and location of the site can accommodate any of the permitted land uses given existing
development standards, an allowance of up to 0.40 floor area ratio, easy access via
Avenida Los Cerritos, and availability of supporting infrastructure. The general area
surrounding the site consists of office and institutional uses. These surrounding uses are
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of an intensity and activity level similar to those associated with a memory care facility;
thus, the proposed Zone Change is compatible with the permitted land uses in the
proposed Public & institutional zone.
4. Surrounding zoning permits office and commercial uses to the south and east,
and institutional uses to the north. The surrounding properties are currently developed
with office parks, a church and a preschool; however, if the surrounding sites were to be
redeveloped, the permitted uses are the same as what is permitted on the proposed
memory care facility site, or similar to the existing uses currently surrounding the subject
site, therefore the uses allowed would remain compatible with the existing and planned
uses, as well as the community in general.
5. A new memory cause facility will provide an institutional service for the residents
of San Juan Capistrano, adding to the number of units available currently, providing
greater opportunities for residents to receive health related institutional services in San
Juan Capistrano.
SECTION 4. Amendmentto the San Juan Capistrano Official Zoning Map.
The proposed amendment to the San Juan Capistrano Official Zoning Map through
Rezone 17-001, and bearing the file number as follows:
Rezone 17-001
is hereby approved, and hereby adopted by the City Council and incorporated as part of
this Ordinance as Exhibit A.
SECTION 5. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall
not affect the validity of the remaining portions of this Ordinance or any part hereof. The
City Council of the City of San Juan Capistrano hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 6. Publication.
v.
The City Clerk is hereby directed to cause the following summary of this Ordinance
to be published by two (2) insertions in the Capistrano Dispatch, a newspaper of general
circulation that is printed, published, and circulated in the City of San Juan Capistrano.
SECTION 7. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk
shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted
and published in the manner required by law.
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SECTION 8. Location and Custodian of Records.
The documents and materials that constitute the record of proceedings on which
this Ordinance is based are located at the City Clerk's office located at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675. The custodian of these records is the
City Clerk.
SECTION 9. 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 ADOPTED this 2nd day of April 2019.
IA L. MA YOTT. MAYOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Ordinance No. 1064 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 19th day of March 2019 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 2nd day of April 2019 by the
following vot , to wit:
AYES: C UNCIL MEMBERS: Reeve, Taylor, Farias, Bourne, and Mayor Maryott
NOES C UNCIL MEMBERS: None
ABSENT: CIUNCIL MEMBERS: None
MARIA MOPRIS, CITY CLERK
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 20th day of March 2019, 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 A REZONE REQUEST TO
AMEND THE OFFICIAL ZONING MAP FROM OF ICE COMMERCIAL TO
PUBLIC & INSTITUTIONAL FOR 31451, 3151 1, A PORTION OF 31501
AVENIDA LOS CERRITOS (APNS 650-1 1- 4/ 5, & 1.4 ACRE PORTION
OF 650-151-24) (APPLICANT: PROTEA �E 10 LIVING, SJC, LLC)
This document was posted in the Office of the Ci`y (Ile
MARIA.4ORRIS, CITY CLERK,
San Juar. Capistrano, California'',.
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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 81h day of March, I caused to be posted a certified copy of Ordinance No. 1064,
adopted by the City Council on April 2, 2019, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE -CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REZONE REQUEST TO
AMEND THE OFFICIAL ZONING MAP FROM OFFICE COMMERCIAL TO
PUBLIC & INSTITUTIONAL FOR650-115 3 1451, 3 531, & A PORTION OF 31501
AVENIDA LOS CERRITOS (AP NS -14/15, & 1.4 ACRE PORTION
OF 650-151-24) (APPLICANT: I NIOR LIVING, SJC, LLC)
This document was posted in the Office,of
San'J
Clerk
)(�n '6�
ORRIS, CIT)' CLE)2K
Capistrano(,California
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EXHIBIT A
Rezone 17-001 Zoning Map
PC \
(CDP05-01)
21
Existing Zoning Map
Proposed Zoning Map