Ordinance Number 913ORDINANCE NO. 913
' AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA APPROVING REZONE 04-01, AMENDING THE OFFICIAL
ZONING MAP OF THE CITY FOR A 10.5 ACRE PARCEL LOCATED
ALONG THE NORTH SIDE OF SAN JUAN CREEK ROAD AND EAST OF
CHATEAU SAN JUAN FROM THE "OSR" (OPEN SPACE RECREATION)
TO THE "PC" (PLANNED COMMUNITY) ZONE DISTRICT (ASSESSOR
PARCEL NUMBER 666-011-27) (CAPISTRANO VALLEY GOLF, LP)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
Whereas, Capistrano Valley Golf L.P. has requested approval of Rezone to
amend the Official Zoning Map to change the zoning district designation for a proposed
10.5 acre parcel from the "OSR" (Open Space Recreation) Zone District to the "2.5, High
Density Residential (8.1-18.0 du/acre)" Zone Districtforthe purpose of future development
of senior housing; and,
Whereas, the Planning Commission has recommended the "PC" (Planned
' Community) Zone District designation as the most appropriate designation for ensuring the
future development of senior housing on the subject property; and,
Whereas, the proposed project 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 July 26, August 9, and September 27, 2005 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 September 27, 2005, the Planning Commission adopted a
' resolution recommending City Council approval of the Rezone to "PC" (Planned
Community) with a maximum density of 15.0 du/acre based on findings that the
S® Page 1 of 3 03-07-2006
amendment was consistent with the overall goals and policies of the General Plan Land
Use Element and Conservation & Open Space Element; and,
Whereas, the City Council conducted a duly -noticed public hearing on
December 6, 2005; January 17, 2006; and February 21, 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.
SECTION 2. Findings.
The proposed Rezone is consistent with the General Plan because proposed future
residential development would be age -restricted (55 years or older) consistent with
the existing senior housing development to the west, south and southeast; would be
restricted to residential densities similar to those associated with the existing
surrounding residential development; and, would be situated outside the floodplain
through appropriate grading and construction
2. The proposed Rezone will not have an adverse effect on the affected properties or
the community in general because it will allow future development of age -restricted
senior housing consistent with existing age -restricted housing to the west (Chateau
San Juan) and south (San Juan Hills West); and future development will be at
densities compatible with the existing adjoining residential developments; and will
be required to proceed in accordance with the standards adopted as part of the
General Plan Amendment; and,
3. The site of the proposed Rezone is suitable for land uses permitted within the
proposed "PC" (Planned Community) Zone District because the site is relatively flat,
un -constrained, and has adequate access and infrastructure and because prior to
approval of any development plan, the property owner will need to submit and
secure City Council approval of a Comprehensive Development Plan consistent with
the goals and policies of the General Plan Land Use Element, Housing Element,
and Conservation & Open Space Element; and other relevant elements and their
policies.
4. Based on 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
Negative Declaration prepared for the associated General Plan Amendment (GPA)
and the subject Rezone (RZ) 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.
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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
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 7`h March, 2006.
kVID M. S4 ER LIN, MAYOR
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. 913 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on the 21"
day of February 2006 and that thereafter, said Ordinance was duly adopted and passed at the
Regular Meeting of the City Council on the 7'h day of March 2006 by the following vote, to wit:
AYE IfMEMBERS: Hart, Soto, and Mayor in
NOE MEMBERS: Bathgate, and Mayor pro tern A
llevato
AB�U MEMBERS:
None
Clerk
SP Page 3 of 4 03-07-2006
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
15'" day of April 2006, at least 5 days prior to March 7, 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 04-01, AMENDING THE OFFICIAL ZONING MAP OF THE
CITY FOR A 10.5 ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF SAN
JUAN CREEK ROAD AND EAST OF CHATEA AN JUAN FROM THE 'OSR'
(OPEN SPACE RECREATION) TO THE 'PC' ANNED COMMUNITY) ZONE
DISTRICT (ASSESSOR PARCEL NUMBER
GOLF, LP)" GAJ //// �� �� 01 ff27�(CI$2AN0 VALLEY
This document was posted in the Office of the
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO)
RK
San Juan Caoistrinb. California
SS AFFIDAVIT OF POSTING
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 8`h day of March 2006 1 caused to be posted a
certified copy of Ordinance No. 912, adopted by the City Council on March 7, 2006 entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING REZONE 04-01, AMENDING THE OFFICIAL ZONING MAP OF THE
CITY FOR A 10.5 ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF SAN
JUAN CREEK ROAD AND EAST OF CHATEAU SAN JUAN FROM THE 'OSR'
(OPEN SPACE RECREATION) TO THE 'PC' LANNED COMMUNITY) ZONE
DISTRICT (ASSESSOR PARCEL NUMBER6 01 -27 (CAPISTRANO VALLEY
GOLF, LP)" A
This document was posted in the Office of the
San Juan Ca
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CLE
03-07-2006
EXHIBIT A
Ordinance 913
Amendment to the Official Zoning Map -San Juan Hills Golf Senior Housing
' "OSR" (Open Space Recreation) to "PC" (Planned Community)
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OSR
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/ PC
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