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Ordinance Number 885ORDINANCE NO. 885 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT PLAN (CDP) 78-01, ORTEGA PLANNED COMMUNITY BY CLASSIFYING "EDUCATIONAL USES, PUBLIC OR PRIVATE, INCLUDING ELEMENTARY, INTERMEDIATE AND HIGH SCHOOLS, CHILD DAY CARE CENTERS, PRESCHOOLS AND NURSERY SCHOOLS" AS A CONDITIONAL USE (ST. MARGARET'S SCHOOL) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The proposed zone change will be consistent with applicable General Plan goals, policies, and objectives, in particular, the provisions of the Land Use Element and Circulation Element because it will classify "Educational uses, public or private, including elementary, intermediate and high schools, child day care centers, preschools and nursery schools" as a conditional use allowing the City to regulate the potential traffic impacts of the private school use; and, 2. The proposed zone change will be consistent with the General Plan designation for the project site because the General Plan Land Use Element designates the entire school site as "5.0, Public & Institutional" which provides for schools (public and private); and, The proposed zone change results in the development of land uses suitable to the property's unique situation inasmuch as it establishes zoning consistency with the General Plan Land Use Element's "5.0, Public & Institutional" designation for the property; and, 4. The proposed zone change will be compatible with the existing land uses and/or zoning classifications of adjoining properties or properties in the vicinity of the property being rezoned which could potentially be affected by development because the proposed zone change merely establishes zoning consistency with the General Plan Land Use Element's "5.0, Public & Institutional" designation for the property; and, 5. The proposed zone change requiring a conditional use permit will be consistent with applicable policies, objectives, and recommendations of the General Plan because "Educational uses, public or private, including elementary, intermediate and high schools, child day care centers, preschools and nursery schools" have been established on the school site since 1979; and, 09-16-2003 6. The proposed zone change requiring a conditional use permit will be consistent with the purpose and intent of the existing Planning Sector D-1 which allows for "public & institutional uses," and proposed Planning Sector D which will allow "for the development of public and institutional uses including public and semi-public buildings, religious uses, and public or private schools." SECTION 2. Amendment. Comprehensive Development Plan (CDP) 78-01, Ortega Planned Community is hereby amended as provided by Exhibit "A" attached hereto and incorporated herein. 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 ADOPTED this 16th of September, 2003. 09-16-2003 EXHIBIT "A" REZONE (RZ) 03-02, AN AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 78-01, ORTEGA P.C., ST. MARGARET'S EPISCOPAL SCHOOL Amend the Comprehensive Development Plan, Exhibit 2, Planning Sectors Map to combine Sectors D-1, D-2, and D-3 into a Sector D as provided by Exhibit "A", Attachment 1 attached hereto. Amend the Comprehensive Development Plan (CDP) to delete the following sections: VII. Planning Sector D-1 VIII. Planning Sector D-2 IX. Planning Sector D-3 Amend the Comprehensive Development Plan (CDP) to add the following section: VII. Planning Sector D A. Purpose and Intent: The purpose of these regulations is to provide for the development of public and institutional uses including public and semi- public buildings, religious uses, and public or private schools which are compatible with the General Plan and adjoining residential uses. B. Principal Uses Permitted: The following uses are permitted within this Planning Sector: 1. Public and semi-public uses, including libraries, governmental offices, public utility offices, and offices of non-profit and civic organizations. 2. Churches, temples, synagogues, convents, and similar uses. C. Conditional Uses: The following uses are permitted subject to review and approval of a Conditional use permit: Educational uses, public or private, including elementary, intermediate and high schools, child day care centers, preschools and nursery schools. D. Area Plan Requirements: Prior to the approval of any development application, an Area Plan shall be submitted to the Planning Commission. Furthermore, the Area Plan shall be approved by the Planning Commission for the entire Planning Sector in which a proposed project is located. The Area Plan for the planning sector shall include the following: Exhibit A 1 Ordinance A Conceptual Site Plan indicating the general pattern and location of building sites, parking areas, streets, pedestrian access, open space, and landscaping. A Conceptual Grading Plan indicating the general quantity, depth, and extent of the proposed grading, in relation to the existing contours and areas to remain in their natural state. Architectural Design Concepts indicating the general building architecture, form, scale, materials, colors, textures, outdoor lighting, and graphics. 4. A Conceptual Landscape Plan indicating the general pattern and location of landscape areas, and the types of plant materials. The above shall be subject to Section 9-2.306 (Design Review for nonresidential projects or residential projects with a gross density acre or more) of Title 9 of the San Juan Capistrano Land Use Municipal Code. D. Development Standards: Per Planning Sector A-1. Amend the provisions of Planning Sector A-1 by deleting the following contained in subsection I.E.7: ac0304-CC-ordinance-ExhibitA.wpd Exhibit A 2 Ordinance STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, 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. 889vhich was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 2nd day of September 2003 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 16th day of September 2003 by the following vote, to wit: AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto, and Mayor Gelff NOES COUNCIL MEMBERS: None ABSENT: COUNCIL M MBERS: None - 7n R. MONAHAN, City Clerk 3 09-16-2003