Ordinance Number 918ORDINANCE NO. 918
' AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 05-02, AMENDING THE OFFICIAL
ZONING MAP OF THE CITY FORA 2.7 ACRE PARCEL LOCATED AT THE
EASTERN TERMINUS OF CALLE ROLANDO FROM "IP" (INDUSTRIAL
PARK) TO "RG -4,000" (RESIDENTIAL GARDEN -4,000) ZONE DISTRICT
(ASSESSOR PARCEL NOS. 668-421-03 AND 668-421-04)(CITY OF SAN
JUAN CAPISTRANO)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
Whereas, the City has requested approval of a Rezone to amend the Official
Zoning Map to change the interim zoning district designation of "IP" (Industrial Park) to
"RG -4,000" (Residential Garden -4,000) on 2.7 acres of vacant land'located at the eastern
terminus of Calle Rolando for the purpose of future residential development; and,
Whereas, the Planning Commission has recommended the "RG -4,000"
designation as the most appropriate designation for ensuring the future development of
residential housing on the subject property; and,
Whereas, the proposed zone change has been processed pursuant to
Section 9-2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has issued a Mitigated Negative
Declaration (MND) pursuant to Section 15070 of the California Environmental Quality Act
Guidelines; has caused a "Notice of Intent to Adopt a Negative Declaration" to be mailed to
all real property owners within 500 feet of the project as listed on the County Assessor's
property owner's address database; has caused the Mitigated Negative Declaration (MND)
to be posted by the County Clerk and mailed to the State Clearinghouse pursuant to
Section 15072 of the CEQA Guidelines, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act; and,
Whereas, the Planning Commission conducted a duly+noticed public hearing
on August 22, 2006, pursuant to Title 9, Land Use Code, Section, 9-2.335, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments; and,
Whereas, on August 22, 2006, the Planning Commission adopted a
resolution recommending City Council approval of the Rezone to "RG -4,000 (Residential
Garden -4,000) with a maximum density of 8 du/acre based on findings that the amendment
' was consistent with the overall goals and policies of the General Plan Land Use Element;
and,
Page 1 of 3
Whereas, the City Council conducted a duly -noticed public hearing on
September 19, 2006, pursuant to Title 9, Lane Use Code, Section 9-2.335, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments.
SECTION 2. Findings.
The proposed zone change is consistent with the General Plan because the
proposed future residential is consistent with the existing General Plan density
designation of "High Density Residential" that allows up to 8 dwelling units per acre
plus a 25 percent density bonus for affordable projects; and,
2. The proposed zone change will not have an adverse effect on the surrounding
properties or the community in general because the property is surrounded on the
north, west, and south with residential development. The development to the south
and west has the identical zoning and density and this zoning designation is
compatible with the mobile home park residences and zoning to the north; and,
3. The site of the proposed rezone to residential is compatible with the residential use
because the site is relatively flat, unconstrained, and has adequate access and
infrastructure to support a residential development on the property; and,
4. Based upon the Initial Study, the public hearing, and substantial evidence in the
record, the Rezone will not have a significant effect on the environment and the
Mitigated Negative Declaration prepared for the Rezone has been reviewed and
considered and reflects the independent judgment of the City Council.
SECTION 3. Amendment.
The Official Zoning Map of the City of San Juan Capistrano is hereby
amended as provided by Exhibit "A", attached hereto and incorporated herein.
passage.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 5. 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
Page 2 of 3
post a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 19d' day of September, 2006.
FS
-M •-
ATTEST:
MAGARET R. MO•NAAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of Sam Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 918 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 19'" day of September 2006 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 3rd day of October 2006 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Page 3 of 3
Exhibit A
RM
UNKNOWN
Feel
0 85 170 340 510
* IP/MHD C
ME
Au
MHP
end
zoning
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
' CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declares 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 13`" day of September 2006, at least 5 days prior to October 3, 2006, the date of 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,
APPROVING REZONE 05-02, AMENDING THE OFFICIAL ZONING MAP OF
THE CITY FOR A 2.7 ACRE PARCEL LOCATED AT THE EASTERN
TERMINUS OF CALLE ROLANDO FROM "IP" (INDUSTRIAL PARK) TO "RG -4,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE 05-02, AMENDING THE
OFFICIAL ZONING 000" (RESIDENTIAL GARDEN — 4,000) ZONE DISTRICT
(ASSESSOR PARCEL NOS. 668-421-03 AND 668-421-04)(CITY OF SAN JUAN
CAPISTRANO)
This document was posted in the Office of the City Clerk
MR 12ET R. MONAHAN: CITY CLERK
an Ju n Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT!RF 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 4 day of October 2006 1 caused to be
posted a certified copy of Ordinance No. 918, adopted by the City Council on October 3, 2006
entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING REZONE 05-02, AMENDING THE OFFICIAL ZONING MAP OF
THE CITY FOR A 2.7 ACRE PARCEL LOCATED AT THE EASTERN
TERMINUS OF CALLE ROLANDO FROM "IP" (INDUSTRIAL PARK) TO "RG -4,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE 05-02, AMENDING THE
OFFICIAL ZONING 000" (RESIDENTIAL GARDEN — 4,000) ZONE DISTRICT
(ASSESSOR PARCEL NOS. 668-421-03 AND 668-421-04)(CITY OF SAN JUAN
CAPISTRANO)
This document was posted in the Office of the City Clerk
WLV I I `— 1 L
N1A R RET R. MONAHAN, C17
' $pan J an Capistrano, California