Ordinance Number 5183 90
ORDINANCE NO. 518
REZONE 84-1 (BRINDERSON/WILLIAM LYON COMPANY)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF
ASSESSOR'S PARCEL NO. 675-081-15 FROM PC (PLANNED
COMMUNITY) TO PD (PLANNED DEVELOPMENT) DISTRICT
(BRINDERSON/WILLIAM LYON COMPANY)
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 have a
significant effect on the environment, has
required the preparation of a Focus Environmental
Impact Report, which report has been certified as
complete by the City Council, 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 in the General Plan. 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 the Municipal
Code.
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. 675-081-15, on
September 17, 1975, by Ordinance No. 293, be changed from PC
(Planned Community) to PD (Planned Development). Said zone
change is designated herein as Rezone 84-1, and is more
specifically depicted on Exhibits "A" and "B," attached hereto.
391
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 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 7th day of
August , 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman
ABSENT: None
ATTEST:
CITY CLER
Schwartze
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. 578 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on J,lv 17. 1924 , and
adopted at a meeting held on August 7 1984
(SEAL)
MARY HANOVER, CITYCLERK
-2-
.Al. is \
a
�P
Vi/, y 00
vavpSYJ S^ d O
1i r, 3n
1-4
1
VM
W
2
�c
P.
—3—
3 �2
C
SPECIFIC DEVELOPMENT PLAN 84-1
A. Purpose and Intent:
To provide for the precise regulation of land uses for
Rezone 84-1 in order to facilitate implementation of the
General Plan Land Use and other elements as identified by
General Plan Amendment 84-1B.
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 multi -family complex referenced as Architectural
Control 84-2.
B. Principal Uses and Structures Permitted:
1. Multi -family residential consisting of a maximum of 274
units.
2. Supported facilities which are limited to the following
uses;
a. Recreation and management office facilities.
b. Incidental accessory uses such as laundries,
maintenance building, etc.
3. Any use not specifically listed in this Precise 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
Director).
C. Specific Development Plan:
1. Development of the area encompassed by Rezone 84-1
shall be per Architectural Control 84-2. Said plans
include grading, site, landscape plans, and
architectural building elevations.
2. Resident parking shall be by assignment to both
enclosed and open parking spaces per the parking
requirements in the Municipal Code Section 9-3.602.
3. "Grass-crete" areas shall be for the exclusive use of
project "guests".
4. Outdoor storage shall be prohibited by project
management and residents.
5. Use of the recreation building shall be limited to
residents and their guests and shall not be leased or
rented out to outside interests.
-5-
Exhibit "B" Page 1 of 3
3 5
D. Amendment of Specific Development Plans:
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
consistent with the overall purpose and general design
of the originally adopted Specific Development Plan and
that the integrity of the original project concept and
plan is maintained. The amended Specific Development
Plan shall then become the Specific Development Plan
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 Specific
Development Plan, 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 the
Specific Development Plan shall supersede such Article 9-3.6
of the Municipal Code.
F. Issues Not Addressed:
In cases where a standard, regulations, or other issue is
not addressed in this Specific Development Plan, the
appropriate provision of Title 9 of the Municipal Code shall
regulate.
G. Common Areas:
The Specific Development Plan, 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.
-6-
Exhibit "B" Page 2 of 3
39b
2. The CC&Rs or other legal instruments shall incorporate
provisions of the responsible owners' association, the
maintenance of any commonly owned land should the City
determine after reasonable and customary notice to the
owners' 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.
-7-
Exhibit "B" Page 3 of 3
97 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO ) AND PUBLISHING
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California, ORDINANCE NO. 518, being:
REZONE 84-1 (BRINDERSON/WILLIAM LYON COMPANY)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF
ASSESSOR'S PARCEL NO. 675-081-15 FROM PC (PLANNED
COMMUNITY) TO PD (PLANNED DEVELOPMENT) DISTRICT
(BRINDERSON/WILLIAM LYON COMPANY)
was published in the Capistrano Valley News newspaper on
August 16 , 1984, and in further compliance with City
Resolution No. 83-12-20-3, on August 10 , 1984 , she caused
said Ordinance to be posted in three (3) public places in the
City of San Juan Capistrano, to wit:
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library.
CHECK LIST
ORD. NO --9T. RES. NO.._ ...
...
...... Mayor has signed
........,...Clerk has signed
-, - 'ity Seal stamped
_..__!/— All blanks typed in
"Absent" .- .........
_......... Typed in Official Record Book
_..__.__. Posted to Classified Car, s
Copies sent to..¢P5-, .3j:....--
ay+vo..
.......-— Legal Publication ordered to be published
(date) ------ .._------ ........ ..... ...._--- ................
No. Affidavits
No. Printed copies required __.._�.--.......-
Re arks /---',M� %.- G!n�...rti-- .
.....71.f...:4... ..c�a -....... alty ------ --
MARY ANN A OVER, CITY CLERK
San Juaff Capistrano, California