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Ordinance Number 890ORDINANCE NO. 890 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC DEVELOPMENT PLAN 92-01 (PLAZA DE LAS GOLONDRINAS) TO ADD TWO PARCELS TOTALING 0.97 ACRE GENERALLY LOCATED, ON THE NORTH SIDE OF ORTEGA HIGHWAY 500 FEET EAST OF RANCHO VIEJO ROAD (APN 650-201-14 & 650-201-15). THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings, WHEREAS, the proposed amendment to Specific Development Plan (SDP) 92- 01, Plaza de Las Golondrinas requests to add 0.97 acres of commercial land to the existing planning area and to establish permitted uses and standards; and, WHEREAS, the subject parcels have received Planning Commission approval of site development and architectural plans for a law office and an animal hospital; and, WHEREAS, the proposed project been processed pursuant to Section 9-2.345, Development Review of the Land Use Code; and, WHEREAS, the Environmental Administrator has reviewed the project in accordance with the provisions of the California Environmental Quality Act and determined that the project, as mitigated, would not have a significant effect on the environment and therefore issued a Mitigated Negative Declaration for the project on January 30, 2004;and, all mitigation measures will be included in the final approving resolution as conditions of approval; and, WHEREAS, the Planning Commission conducted duly -noticed public hearings on March 23, and April 27, 2004 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony; and, WHEREAS, the proposed project is consistent with the policies and objectives of the General Plan Land Use Element because the project will result in the development of a law office and an animal hospital consistent with the land use standards established by the Land Use Element; and, WHEREAS, the proposed project is consistent with the policies and objectives of _ the General Plan Circulation Element because the project includes provisions for providing adequate vehicle access to commercial development; and, 0890 1 06-01-2004 WHEREAS, the amendment to Specific Development Plan (92-01) is consistent with Section 9-2.103 of the San Juan Capistrano Municipal Code and with the General Plan Land Use Map designation, which incorporates Office Research Park SECTION 2. Amendment. Based on the findings set forth in Section 1, the City Council ordains that the Specific Development Plan 92-01 (Plaza de Las Golondrinas) is hereby amended as provided by Exhibit A, attached hereto and incorporated herein. 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 at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. 0890 2 06-01-2004 EXHIBIT A SPECIFIC PLAN 92-01, PLAZA DE LAS GOLONDRINAS I. Purpose and Intent The purpose and intent of this specific plan district shall be A. to provide for small-scale retail and service uses within the area designed to reflect the Spanish heritage and semi -rural character of the community. B. to provide for small-scale, convenience retail shopping facilities at the neighborhood level which are compatible with the surrounding residential neighborhoods. C. to provide for commercial uses which accommodate most of the personal service needs of the surrounding neighborhoods. D. to provide for small-scale development of commercial offices and related uses which are compatible with adjacent properties. Applicability The Specific Plan District shall be applicable to all development within the land area delineated on Figure 1, Specific Plan District Boundary and Planning Sectors. III. Use Regulations Q Permitted Uses General Office Uses: attorneys, certified public accountants, tax services, architects, bookkeeping, consulting (.e.g. psychologist and psychiatrist), engineers, travel agency, brokers (including real estate, mortgage, commodities, personal property, stock, securities, bonds, etc.) real estate (including consulting, developers, investment lending, escrow and engineering) employment agencies, insurance offices and agents services, property management services, advertising agencies, communications (including answering services, cable services), general contractor's headquarters, graphics services, word processing, desktop publishing, personal agencies, welcoming center and services, visitor center, private investigator, personal property rental, computer and system services, and similar uses. Financial Services: financial institution branches including banks, savings, and loans, stock brokerages, financial planners. Personal Services and Retail Uses: liquor store, drug store, photography studios, tailor, interior decorating, shoe shine and repair, florist shop, deli shop, yogurt and ice cream shops, commercial cleaning, gift shop and gift 0890 3 06-01-2004 wrapping, seafood store, meat market, health food and supplies, print shops, appliance and flooring stores, automotive supplies, furniture stores, electronic goods and supplies (including video rentals), food take- out stores, convenience market (maximum 4,500 square feet), mobile phone sales and service, karate studio, computer sales and service, apparel stores, art and music supplies, craft shops, office supplies, book store, pet stores, restaurants (maximum 5,500 square feet dining area including outdoor dining). Outdoor Dining: restaurants may include outdoor dining areas provided they are located within areas approved for such use by the Planning Commission and shown on the approved plans. Outdoor dining areas shall be counted the same as indoor dining areas in calculating parking or other similar code requirements. Residential: residential uses with development standards. Veterinary Offices and Clinics: veterinary services (including animal husbandry). Medical and Dental Offices: chiropractors, medical doctors (including such specialties as dermatology, diet center, electrolysis, optometrists and eye glasses, pharmacies, dentist, dental lab, orthodontist) physical therapy, x-ray and MRI lab, health maintenance organization, hyno- therapists. Medical and dental offices (maximum of 17,000 square feet). 2. Prohibited Uses: bus, taxicab and railroad stations, bowling lanes, ice and roller skating rinks, athletic and health clubs, tire, muffler and brake shops, auto repair shops, service stations, ambulance services, taxicab services, auto rental and leasing agencies with on-site vehicle storage shall be prohibited. 3. Accessory Uses: Uses that are customarily incidental to and a subordinate part of the operation of a permitted principal or conditional use shall be permitted. 4. Conditional Uses: The following uses may be permitted subject to the approval of a conditional use permit: a. Outdoor display, storage or operations. b. General retail uses, other than those listed above, which the Planning Commission determines are appropriate and compatible with the intent and purpose of the District (SD). C. Public and semi-public uses, religion related uses, business, vocational and professional school such as, but not limited to tutoring services, vocational schools and institutes. d. Restaurants exceeding 5,500 net square feet (including the outdoor dining area). 0890 4 06-01-2004 e. Medical and dental uses exceeding 17,000 gross square feet. A convenience market exceeding 4,500 gross square feet. Veterinary Offices and Clinics: veterinary services (including animal husbandry). 2. General Office Uses: attorneys, certified public accountants, tax services, architects, bookkeeping, consulting (.e.g. psychologist and psychiatrist), engineers, travel agency, brokers (including real estate, mortgage, commodities, personal property, stock, securities, bonds, etc.) real estate (including consulting, developers, investment lending, escrow and engineering) employment agencies, insurance offices and agents services, property management services, advertising agencies, communications (including answering services, cable services), general contractor's headquarters, graphics services, word processing, desktop publishing, personal agencies, welcoming center and services, visitor center, private investigator, personal property rental, computer and system services, and similar uses. IV. Development Standards shall be as established by Section 9-3.303 for the "NC" (neighborhood commercial district) of Title 9, Land Use Code. V. Supplementary District Regulations for fencing, lighting, parking, signs, and related standards shall be as established by Sections 9-3.501 through 9-3.559 of Title 9, Land Use Code 0890 5 06-01-2004 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 890 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 18th day of May 2004 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 1st day of June 2004 by the following vote, to wit: AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart, and Mayor Soto NOES COUNCIL MEMBERS: None ABSENT: COUNGIL WMBERS: None R. MONAHAN, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California. On the 12th day of May 2004, at least 5 days prior to adoption of the Ordinance, I caused to be posted a certified copy of the proposed Ordinance entitled: "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC DEVELOPMENT PLAN 92-01 (PLAZA DE LAS GOLONDRINAS) TO ADD TWO PARCELS TOTALING 0.97 ACRE GENERALLY LOCATED, ON THE NORTH SIDE OF ORTEGA HIGHWAY 500 FEET EAST OF RANCHO VIEJO ROAD (APN 650-201-14 & 650-201-15)" This Ordinance was introduced at the City Council meeting of May 18, 2004 and Adopted at the June 1, 2004 meeting. This document was posted in the Office of he City Clerk �� V l, ET R. MONAHAN, CITY Capistrano, California 7 06-01-2004 100 0 100 Feet / ® A N ON �27341 SECTOR W 27231 27221 1 27211 27201 y P OR�EGPN`G�� FIGURE 1 SPECIFIC DEVELOPMENT PLAN (SDP) 92-01 PLAZA DE LAS GOLONDRINAS O \ D Z Z D O c< O' O O 0 27351 ON �27341 SECTOR W 27231 27221 1 27211 27201 y P OR�EGPN`G�� FIGURE 1 SPECIFIC DEVELOPMENT PLAN (SDP) 92-01 PLAZA DE LAS GOLONDRINAS