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Ordinance Number 455ORDINANCE NO. 455 REZONE 81-7 (SAS CONSTRUCTORS LTD. AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 398 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 650-161-01 FROM PR (PRIVATE RECREATION) TO PD (PLANNED DEVELOPMENT, SPECIFIC DEVELOPMENT PLAN 82-2) (SAS CONSTRUCTORS LTD.) 19 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 zoning is consistent with the land use, circulation and other designations shown for the property per General Plan Amendment 82-1B. The proposed zoning is otherwise consistent with the goals and policies of the General Plan. 3. The development of the property under the proposed zoning will conform to the development standards and other applicable provisions of Ordinance No. 398 as amended. 4. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed zone change. SECTION 2. Zone Change. Based on the findings set forth in Section 1, preceding, the City Council ordains that the official zoning heretofore adopted for Assessor's Parcel No. 650-161-01 on February 20, 1980, by Ordinance No. 398, be changed from PR to PD (SDP 81-2). Said zone change is designated herein as Rezone 81-7 and is more specifically depicted on Exhibits A and B, attached hereto. �r A SECTION 3 Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 20th day of April 1 1982 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None WRENCE F. C HEIM, MAYOR ATTEST: 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. 455 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on March 2, 1982 , and adopted at a meeting held on April 20 1982 (SEAL) %i l/ ( &G� aO�°�i�P�[ MARY ANN YXNOVER, CITY CLERK OPM RS J(.16100 1.(SDP 81 2) GM T4 c- xx //rI;r Ij? SPECIFIC DEVELOPMENT PLAN 53-2 23 EXHIBIT "B" 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 a 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. Retail 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. 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). -5- (Exhibit "B", page 1 of 3) 24 C. 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 attached as exhibits 1-28 shall be considered precise. Building elevations for the recreational and Monaco office buildings shall be reviewed and approved by the City's Architectural Board of Review and Planning Commission. Should the applicant fail to receive a license to operate the surgi-center within two years from the date of the approval, the precise site plan shall be revised consistent with Exhibit 28. The area encumbered by the surgi-center shall be designated for recreational use only. D. Amendment of Specific Development Plans 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. E. 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. F. 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. -6- (Exhibit "B", page 2 of 3) G. H. 25 Common Areas 1. This SDP, through appropriate legal instruments such as CC&Rs, management agencies and/or owners' associations, shall provide means for the ongoing maintenance of all open space, private streets, 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&Rs 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 maintenance 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. Construction Phasing The project may be phased during construction. If a phased construction program is to be used, it shall be conducted in the following sequence: a) Phase I - Includes all on-site grading, underground utility installation, off-site improvements (street, sidewalk, bike and equestrian trails), landscaping of project boundaries, slope areas, and unimproved building pads, with such landscaping to be approved by the Planning Commission. Construction of medical buildings (sites 1, 2, 5, 8), pharmacy building (site 10) and the two tennis courts. b) Phase II - Includes construction of the remaining medical office buildings (sites 3, 6, 7, and 9), the administrative and support building and the swimming pool. c) Phase III - Construction of the racquetball health fitness building. d) Phase IV - Would involve construction of the surgi- center or modification of the site plan for accommodating additional recreation uses. -7- (Exhibit "B", -page 3 of 3)