Ordinance Number 652ORDINANCE NO. 652
M,
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 89-4 WHICH AMENDS
SPECIFIC DEVELOPMENT PLAN 81-2 FOR THE CAPISTRANO
BUSINESS PLAZA ASSOCIATES (HEALTHPARK)
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 City's Environmental Review Board has reviewed the subject
zone change application, has determined that the project will not
have a significant effect on the environment, has issued a
Negative Declaration, and has otherwise carried out all
requirements of the California Environmental Quality Act.
2. The proposed amendment is consistent with the land use,
circulation and other designations shown for the property per
General Plan Amendment 82-113.
3. A duly noticed public hearing has been held to receive and
consider public testimony regarding the proposed amendment to
Specific Development Plan 81-2.
SECTION 2. Zone Change.
Based on the findings set forth in Section 1, preceding, the City Council
ordains that Specific Development Plan 81-2 is hereby amended by designating Building
No. 7 for restricted office use and Building No. 10 as a surgi-center and as further
amended by Exhibit "A" attached hereto.
passage.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
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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 3rd day of October
1989.
.L—
GARY .HAUS ORFER,M OR
ATTEST:
CITY CLE <
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 652 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on Septembe:C.19 , 1989, and adopted at
a meeting held on October 3 , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland and
Mayor Hausdorfer
NOES: None.
ABSENT: None.
(SEAL) ✓yLl� ��--
MARY ANN ER, CITY CLERK
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SPECIFIC DEVELOPMENT PLAN 81-2
EXHIBIT "A"
A. Purpose and Intent
To provide for the precise regulation of land uses in order to facilitate
implementation of the General Plan, particularly as it pertains to text description
included as part of General Plan Amendment 82-1, item B.
To provide for the utilization of innovative land planning and building design as a
means of achieving high quality, variety, flexibility and efficiency in the design of a
medical office and private recreation complex.
B. Principal Uses and Structures Permitted
1. Offices for use by medical doctors, dentists, psychiatrists, psychologists and
other licensed human health care practitioners.
2. Surgi-center which is restricted to non -emergency, one -day surgeries for
ambulatory patients, with no overnight facilities.
3. Support facilities and pharmacy which are limited to the following uses:
a. Medical laboratory and testing facilities.
b. Continuing medical education facility.
C. Therapy and rehabilitation services.
d. Reail sales of pharmaceuticals.
e. Sales and rentals of health care supplies and equipment.
f. Sale and service of optical supplies.
g. A small-scale sandwich shop designed to serve the needs of employees
and clients of the project. Such use shall be integrated into a multiple -
use building rather than developed as a separate unit.
r 4. Athletic club and related facilities, such as a gymnasium, exercise rooms,
swimming pool, racquetball, squash, handball and tennis courts.
5. Any use not specifically listed in this Specific Development Plan shall be
regarded as not being a permitted use, except as provided for in Municipal
Code Section 9-3.303 (determination of permissibility of unlisted uses by the
Director).
C. Uses Which May Be Permitted Subiect to Approval of a Conditional Use Permit
Convalescent, Nursing, and Congregate Care Facilities.
2. Restricted professional offices which do not conduct retail activities and are
designed to support other businesses such as public accounting, legal,
insurance, and engineering firms, and business consultants. Such uses shall be
limited to those buildings other than the recreation building, surgi-center, and
pharmacy buildings.
D. Specific Development Plan
The Specific Development Plan includes a site plan, landscape concept plan,
architectural elevations, sign program, grading plan and building materials and
colors referenced herein as AC 81-16 and as amended by Ordinance No.652
E. Amendment of Specific Development Plans
1. The Director may approve minor modifications to the approved Specific
Development Plan pursuant to Section 9-2.314.
2. The Planning Commission may approve modifications to the approved Specific
Development Plan if the Commission determines that the modification is
consistent with the overall purpose and general design of the originally adopted
SDP and that the integrity of the original project concept and plan is
maintained. The amended SDP shall then become the SDP associated with the
Planned Development District designation on the official zoning map.
3. If the Planning Commission determines that the proposed amendment is not
consistent with the overall purpose and general design of the originally adopted
SDP, a new zone change application will be required. Such zone change will be
reviewed in the same manner as the initial application.
F. Supplementary District Regulations
The Supplementary District Regulations of Article 9-3.6 (signs, parking, fence
regulations, etc.) shall apply to this PD (Planned Development) District. However,
specific supplementary district regulations adopted as part of an SDP shall supersede
such Article 9-3.6 regulations.
G. Issues Not Addressed
In cases where a standard, regulation, or other issue is not addressed in this SDP, the
appropriate provision of this Title 9 shall regulate.
H. Common Areas
This SDP, through appropriate legal instruments such as CC&R's, management
agencies and/or owners' associations, shall provide means for the ongoing
maintenance of all open space, private street, parking lots, buildings and the
like. Said legal instruments shall be approved by the City and shall be
appropriately recorded prior to the issuance of building permits.
2. The CC&R's or other legal instruments shall incorporate provisions of the
responsible management association, the maintenance of any commonly -owned
land should the City determine after reasonable and customary notice to the
management association that adequate manintenance is not being performed
on such land.
3. In the case of owners' associations, no in -common holding may be sold or
otherwise transferred to the control of any other entity except one conceived
and designed to fulfill the same basic purposes as the owners' association.
I. Issuance of Certificates of Use and Occupancy
Prior to the issuance of Certificates of Use and Occupancy for Building Nos. 4-9,
and building permits for Building No. 10, the property owner shall comply with the
following provisions:
1. Developer shall make a cash payment of $100,000 to the City to be used at
City's discretion for public recreational facilities;