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Ordinance Number 476ORDINANCE NO. 476 7 4�4D AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - RESIDENTIAL CARE FACILITIES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-3.401 THROUGH 9-3.407 AND SECTION 9-3.409 OF THE MUNICIPAL CODE REGARDING RESIDENTIAL CARE FACILITIES AND FAMILY CARE HOMES AND AMENDING SECTION 9-3.418 TO REQUIRE A CONDITIONAL USE PERMIT FOR HEALTH RELATED INSTITUTIONAL USES WITHIN THE PUBLIC AND INSTITUTIONAL ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: A. The City's Environmental Review Board has reviewed the amendment as set forth herein, has determined that the amendment will not have a significant impact on the environment, has accordingly issued a negative declaration for the amendment, and has otherwise carried out all requirements of the California Environmental Quality Act as amended. The City Council hereby finds and certifies said actions as appropriate and correct. B. This code amendment will provide more effective control of health related institutional uses in the IP District and will permit the establishment of Residential Care Facilities and Family Care Homes in residential districts. C. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendment. SECTION 2. Amendment Text. A. Introduction Based upon the findings set forth in Section 1, preceding, the following amendments to the Municipal Code are hereby enacted. B. Amendments 1. Sections 9-3.401(b), 9-3.402(b), 9-3.403(b), 9-3.404(b), 9-3.405(b), 9-3.406(b), 9-3.407(b), and 9-3.409(b) are hereby amended to include the following as a permitted use: "Family Care Homes" -1- 12. Sections 9-3.401(d), 9-3.402(d), 9-3.403(d), 9 -3.404 -Ed), 9-3.405(d) and 9-3.406(d) are °� hereby amended to include the following as a conditional use: "Residential Care Facility" 3. Section 9-3.418(b)(1) is hereby deleted, and the subsections of Section 9-3.418(b) are hereby renumbered. 4. Section 9-3.418(d) is hereby amended to include the following as a conditional use in the Public and Institutional District: "Health related institutional uses, including convalescent and nursing homes, homes for the aged, children's homes, sanitariums and hospitals." 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 same to be 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 21st day of October , 1982 , by the following vote, to wit: ATTEST: CITY CLE AYES: Councilmen Friess, Hausdorfer, Schwartze, and Mayor Pro tem Bland NOES: None ABSENT:Mayor Buchheim ANTHONY BLAND, MAYOR PRO TEM -2-