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Ordinance Number 719ORDINANCE NO. 719 APPROVING REZONE 92-3- AN AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN 78-1. THE ORTEGA PLANNED COMMIJNTI Y COMPREHENSIVE DEVELOPMENT PLAN (CAPISTRANO COLLECnON) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 92-3, AN AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN 78-1, PLANNING SECTOR A-1, TO INCLUDE MEDICAL, DENTAL, AND PROFESSIONAL OFFICE USES FOR A NEIGHBORHOOD COMMERCIAL CENTER LOCATED AT 27184 ORTEGA HIGHWAY (ARCHITECTURAL CONTROL 89-2(CAPISTRANO COLLECTION) 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 Planning Director has determined that the proposed amendment to Comprehensive Development Plan 78-1, Planning Sector A-1, is Categorically Exempt, Class 5, because the allowance of medical, dental, and office uses is a minor alteration to local land use limitations; and, 2. In October, 1989, the Planning Commission adopted Resolution No. PC 89-10-24-2, conditionally approving Architectural Control 89-2 to allow a 25,815 -square - foot commercial center known as Capistrano Collection, and adopted Resolution No. PC 89-1-24-1, allowing the subject site to be annexed into the Ortega Planned Community Comprehensive Development Plan; and, 3. On October 27, 1992, the Planning Commission adopted Resolution No. PC 92-1-27-1, approving Rezone 92-3 recommending that the City Council approve the proposed amendment to Comprehensive Development Plan 78-1, Planning Sector A-1, to include medical, dental, and professional office uses for a neighborhood commercial center located at 27184 Ortega Highway (Capistrano Collection); and, 4. A public hearing has been duly noticed and held to receive public testimony on the application; and, 5. The application is consistent with the goals, policies, and objectives of the General Plan in that the General Plan states that limiting retail, and encouraging -1- commercial, office, and tourist -related uses in this area is appropriate because the land is so situated that it does not favor a wide variety of lower -intensive uses because of its proximity to Interstate 5 and Ortega Highway; and, 6. The proposed modification conforms with all applicable requirements of Title 9 (Land Use code) of the Municipal Code in that it will not create a deficiency in parking requirements because parking for Capistrano Collection, a 25,815 -square -foot center, provides 123 spaces whereas only 103 spaces are required; and, 7. The subject property is capable of accommodating the medical, dental, and expanded office use because sufficient parking exists to serve the proposed additional uses. SECTION 2. Amendment. Based on the findings set forth in Section 1, preceding, the City Council hereby approved Rezone 92-3, amending the Ortega Properties Comprehensive Development Plan 78-1 heretofore adopted by Ordinance No. 379, to include the following standards and requirements, which shall be made a part of Comprehensive Development Plan 78-1: PLANNING SECTOR A-1 FOR COMPREHENSIVE DEVELOPMENT PLAN 78-1 (e) General Office Uses, such as, but not limited to, attorneys, bookkeeping, consulting (i.e., psychologist and psychiatrist), engineers, travel agency, brokers including real estate, mortgage, commodities, personal property, stock securities, bonds, etc.), real estate (including consulting, developers, investment, lending, and escrow), employment agencies, insurance offices and agent services, property management services, advertising agencies, communications (including answering services, cable services), general contractor's headquarters, graphics services, word processing, desktop publishing, mailing and postal services, personnel agencies, welcoming center and services, visitor center, private investigator, personal property rental, computer consulting and system services. (f) Medical and Dental Offices such as, but not limited to, chiropractors, medical doctors (including such specialties as dermatology, diet centers, electrolysis, optometrists, physical therapy, X-ray and MRI lab), health maintenance organization, hypnotherapists. passage. SECTION 3. Effective Date This Ordinance shall take effect and be in force thirty (30) days after its IPA SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published once as required by law and posted at the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 1st day of December 1992. MAYOR - 6IL JONES ATTEST: iQa j-o2y CITY CLERK 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. 719 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on November 17th , 1992, and adopted at a meeting held on December 1st 1992, by the following vote: AYES: Council Members Hausdorfer, Vasquez and Mayor Jones NOES: None ABSTAIN: Council Members Campbell and Nash ABSENT: None (SEAL) �� 1 Q / i lclLm e /' CHERYL JOHNSON, CITY CLERK'— -3-