Ordinance Number 945ORDINANCE NO. 945
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE
ZONING OF THE IDENTIFIED COMMUNITIES FROM THE MULTIPLE
FAMILY (RM) DESIGNATION TO THE PLANNED RESIDENTIAL
DEVELOPMENT DISTRICT (PRD). (REZONE 08-006)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
Whereas, the proposed project has been processed pursuant to Section 9-2.301,
Development Review and 9-2.315, Change of Zone District of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the initial study prepared
pursuant to Section 15063 and 15064 of the CEQA Guidelines, has issued a Negative
Declaration pursuant to Section 15070 of those guidelines, has caused a Notice of
Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has
otherwise complied with all applicable provisions of the California Environmental Quality
Act (1970); and,
Whereas, the Planning Commission conducted a duly -noticed public hearing on
September 9, 2008 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.
Whereas, the City Council conducted a duly -noticed public hearing on October 7,
2008 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, the proposed zone change will be consistent with applicable General
Plan goals, policies, and objectives, in particular, the provisions of the Land Use Element
and Circulation Element because residential land uses will be preserved and maintained,
and the project will not alter nor result in additional traffic; and,
Whereas, the proposed zone change would rezone properties back to the previous
Zoning designation prior to the 2002 Municipal Code Update. These properties have not
had there General Plan designations altered since the original development. The proposed
Rezone would not result in further expansions of densities, nor alter the existing community
character. Therefore since the Rezone would not result in increased densities and changes
the Zoning designations back to the original standards in which the developments were
designed to, it is found to be consistent with the General Plan Designation for the site; and,
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Whereas, the proposed zone change will result in the development of land uses
suitable to the property's unique situation including, natural and man-made constraints
because only residential and residentially -related land uses would be permitted as are
presently allowed under the current "RM" (Multiple Family Residential) Zone District; and,
Whereas, the proposed zone change will be compatible with the existing land uses
and/or zoning classifications of adjoining properties or properties in the vicinity of the
property being rezoned which could potentially be affected by development because only
residential and residential -related uses would be permitted under the Planned Residential
Development (PRD) District.
SECTION 2. Amendment.
The Official Zoning Map of the City of San Juan Capistrano, CA 92675 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.
PASSED, APPROVED AND ADOPTE
JOE S
T:
GAREVR. MONAHAN, CITY CLERK
Page 2 of 2 0 945
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
1, MARGARET R. MONAHAN, declare as follows: That 1 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 25th day of September 2008, at least 5
days prior to October 21, 2008, the date of adoption of the ordinance, I caused to be posted, in
the City Clerk's Office a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE ZONING OF THE
IDENTIFIED COMMUNITIES FROM THE MULTIPLE FAMILY (RM)
DESIGNATION TO THE PLANNED RESIDENTIAL DEVELOPMENT DISTRICT
(PRD) (REZONE 08-006)
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO)
,RET R. MONAHAN, CITY CLERK
an Capistrano, California
)
ss AFFIDAVIT OF POSTING
1, 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 22 d day of October 2008 1 caused to
be posted, in the City Clerk's office, a certified copy of Ordinance No. 945, adopted by the City
Council on October 21, 2008 entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE ZONING OF THE
IDENTIFIED COMMUNITIES FROM THE MULTIPLE FAMILY (RM)
DESIGNATION TO THE PLANNED RESIDENTIAL DEVELOPMENT DISTRICT
(PRD) (REZONE 08-006) 8 r,
li1IARG KET R. MONAHAN, CITY CLERK
�_ Sllan Ju n Capistrano, California
Exhibit A
Rezone 08-006
San .Juan
Hili West
RM to PRD
21
Casitas
Capistrano
RM to PRD
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, 845 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 7t" day of October 2008 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 21$' day of October 2008 by the
following vote, to wit:
AYES:
COUNCIL MEMBERS:
Allevato, Hribar, Uso, Nielsen, and Mayor Soto
NOES
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None