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Ordinance Number 457ORDINANCE NO. 457 APPROVING REZONE 82-3 (BROWN 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. 124-120-67 FROM PR (PRIVATE RECREATION) TO PD (PLANNED DEVELOPMENT, SPECIFIC DEVELOPMENT PLAN 82-1) (BROWN) 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 80-3. 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. 124-120-67 on February 20, 1980, by Ordinance No. 398, be changed from PR to PD (SDP 82-1). Said zone change is designated herein as Rezone 82-3 and is more specifically depicted on Exhibits A and B, attached hereto. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. ee 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 18th day of May 1 1982 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None CE F. IM, MAYOR 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. 457 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on May 4 1982 , and adopted at a meeting held on May 18 1982 (SEAL)-I�72r;2��� MARY ANN UANOOVER, TY CLERK Erm .:.:::::::::: vi y ,.F[e •:-may � (1 DEL '3 . a' _ / .....:.:::.:............. ......................... ......................... I• I 4• n - P i ,� �• 's E i - - D• 1' •41 <� s 1 J � I I h - '^ D 4 —O 1' _ 1 lG 41 l D I' j(�(f,�(� p/'.�y I O uDu. - -,•._ c...,_ �:i4%S`.�` :;air's PR ' -�.�\ �/ ? . Oil . • EXHIBIT A MIA _3_ SPECIFIC DEVELOPMENT PLAN 82-1 A. Purpose and Intent: To provide a vehicle for the precise regulation of land uses for RZ 82-3 designed to facilitate imple- mentation of the General Plan Land Use and other ele- ments as identified by GPA 80-3. To provide for the utilization of innovative land planning and building design as a means of achieving high quality, variety, flexibility and efficiency in design for the proposed office complex referenced as AC 82-2. B. Principal Uses and Structures Permitted: 1. Public and semi-public buildings, services and facilities, including governmental buildings, public utility offices and exchanges; but excluding public schools, police stations, etc. 2. Business, vocational and professional schools not requiring outdoor facilities, including secretarial, art, dance, music, barber and beauty; but excluding public or private primary or secondary schools. 3. Offices of nonprofit and civic organizations. 4. Medical and dental offices, excluding medical centers or complexes. The total allowable square footage for such medical/dental uses not to exceed 3,500. C. Conditional Uses Permitted: The following uses may be permitted, subject to the approval of a conditional use permit: 1. Medical testing or laboratories which support other medical facilities or offices. 2. Any permitted use determined by the Director of Community Planning and Development to result in any unusual environmental impacts such as excessive traffic. D. Specific Development Plan: Development of the area encompassed by RZ 82-3 shall be per AC 82-2. Said plans include grading, site, landscape plans, and architectural building elevations. -4- Exhibit B, page 1 of 3 E. F G H. Amendment of Specific Development Plans 1. The Director may approve minor modifications to the approved Specific Development Plans pursuant to Section 9-2.314. The Planning Commission may approve modifications to the approved Specific Development Plans if the Commission determines that the modification is con- sistent with the overall purpose and general design of the originally adopted SDP and that the integrity of the original project concept and plan is main- tained. The amended SDP shall then become the SDP associated with the Planned Development District designation on the Official Zoning Map. If the Planning Commission determines that the proposed amendment is not consistent with the overall purpose and general design of the origi- nally adopted SDP, a new zone change application will be required. Such zone change will be reviewed in the same manner as the initial application. 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 the Specific Development Plan shall supersede such Article 9-3.6 of the Municipal Code. Issues Not Addressed In cases where a standard, regulation, or other issue is not addressed in this SDP, the appropriate provision of Title 9 of the Municipal Code shall regulate. Common Areas 1. The 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. -5- Exhibit B, page 2 of 3 27 2. The CC&Rs or other legal instruments shall incor- porate provisions of the responsible homeowners' association, the maintenance of any commonly owned land should the City determine after reasonable and customary notice to the homeowners' 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. -6- Exhibit B, page 3 of 3