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Ordinance Number 850153 ORDINANCE NO. 850 APPROVING REZONE 00-02 (CAPISTRANO VOLKSWAGENI AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 00-02, AN APPLICATION TO REZONE AN APPROXIMATELY 1.2 -ACRE SITE LOCATED ALONG THE EAST SIDE OF VALLE ROAD, SOUTH OF THE INTERSECTION OF LA NOVIA AVENUE, FROM THE GROWTH MANAGEMENT (GM) ZONE DISTRICT TO THE COMMERCIAL MANUFACTURING (CM) ZONE DISTRICT (ASSESSOR'S PARCEL NUMBER 666-301-05/CAPISTRANO VOLKSWAGEN) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: 1. The proposed use is compatible with the applicable goals, policies and objectives of the General Plan in that the proposed land use will not negatively impact adjacent uses, which include the Interstate 5 freeway, Valle Road, a planned self -storage facility, an existing auto dealership (now vacant) and the Capistrano Terrace Mobile Estates. Furthermore, the proposed use will not be negatively affected by these adjacent land uses. Additionally, the project site is identified as being within the 75 CNEL noise contour by the Noise Element of the General Plan. The proposed quasi -industrial use is considered to be conditionally acceptable within the 75 CNEL noise contour, provided that certain construction methods are employed, including conventional construction with fixed windows and air-conditioning. The proposed land use and building incorporates this type of construction. 2. The proposed rezone to the Commercial Manufacturing district is identified as being consistentwith the Quasi -Industrial General Plan Land Use designation by Table 2-1 (Consistency Matrix) of Section 9-2.101 of the Land Use Code. SECTION 2. Zone Change. Based upon the findings set forth in Section 1, preceding, the City Council ordains that the official zoning map of the City of San Juan Capistrano shall be changed to designate Assessor's Parcel Number 666-301-05, as depicted on Exhibit "A," from the Growth Management (GM) District to the Commercial Manufacturing (CM) District. -1- 154 passage. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its SECTION 4. 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 September 12000. ATTEST: CITY CLERK ADOPTED this 5th day of -2- 155 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 850 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on A„o„c isrh 2000, and adopted at a meeting held on September 5th 2000, by the following vote AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Cambell NOES: None ABSTAIN: None ABSENT: None (SEAL) &� CHERYL JOHWSOWCITY CLERK -3- 156 '0i EXHIBIT A