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Ordinance Number 969ORDINANCE NO. 969 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT PLAN 78-01, ORTEGA BUSINESS CENTER (ST. MARGARET'S EPISCOPAL SCHOOL MASTER PLAN) (REZONE 06-06) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Whereas, St. Margaret's Episcopal School has requested approval of development pians to expand an existing K-12 private school campus by 75,251 gross square feet (GSF) from 157,731 to 232,982 GSF and to expand the campus acreage from 17.48 to 26.64 acres located at 31641 La Novia Avenue, and generally located along the west side of La Novia Avenue between Calle Arroyo and Rancho Viejo Road and the north side of Calle Arroyo between La Novia Avenue and Rancho Viejo Road on property located at 31641 La Novia Avenue which is General Plan -designated "5.0 -Public & Institutional" and "3.0 Neighborhood Commercial" and classified as "PC" (Planned Community) on the Official Zoning Map and which require an amendment to the land use designations established by Comprehensive Development Plan 78-01, Ortega Business Center; and, Whereas, on November 21, 2006, the City Council adopted resolution 06-11- 21-2 initiating the General Plan Amendment (GPA) study process with respect to the St. Margaret's Episcopal School Master Plan to study the proposed land use designation change from "3.0 Neighborhood Commercial" to "5.0 -Public & Institutional" for three existing parcels located along the easterly edge of the Ortega Village Center and referred to as Assessor Parcel Number (APN) 666261-01, -02 and -03; 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 reviewed the Initial Study prepared by Ed Almanza & Associates pursuant to Section 15063 and 15064 of the California Environmental Quality Act (CEQA) Guidelines; has issued a Mitigated Negative Declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Negative Declaration to be posted and mailed to affected property owners pursuant to Section 15072 of those guidelines; and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included herein; and, Whereas, the Design Review Committee conducted a public meeting on June 4, 2009 to consider the proposed project and forwarded the project to the Planning Commission with a favorable recommendation; and, 101 M J Whereas, the Park, Recreation & Equestrian Commission conducted a public meeting on May 18, 2009 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures to consider the proposed project and forwarded the project to the Planning Commission with a favorable recommendation; and, Whereas, the Transportation Commission conducted a public meeting on September 9, 2009 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures to consider the proposed project and forwarded the project to the Planning Commission with a favorable recommendation; and, Whereas, the Planning Commission conducted duly -noticed public hearings on June 23, 2009, July 14, 2009, December 8, 2009, January 12, 2010, and January 26, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider the environmental determination and documentation pursuant to Section 15074 of the California Environmental Quality Act, and to consider public testimony on the proposed project and has considered all relevant public comments; and, Whereas, the City Council conducted a duly -noticed public hearing on February 16, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider the environmental determination and documentation pursuant to Section 15074 of the California Environmental Quality Act, and to consider public testimony on the proposed project, has considered all relevant public comments. SECTION 2. Ordinance Amendment. Comprehensive Development Plan 78-01, Ortega Business Center is hereby amended as provided by Exhibits A and B, 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. 2 0969 PASSED, APPROVED AND �DQPTEjQ this 16th day of March, 2010. L&IDRES USO, -MAYOR STATE OF CALIFORNIA j COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO } I, MARIA MORRIS, 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. 969 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council. on the 2"d day of March 2010 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 16th day of March 2010 by the following vote, to wit: AYES- FUNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese, and Mayor Uso N0 UNCIL MEMBERS: None AlSE UNCIL MEMBERS: None IS, CITCLERK 3 0 969 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, 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 March 2010, at least 5 days prior to March 16, 2010, the date of adoption of the ordnance, I caused to be posted, in the City Clerk's Office a certified copy of the proposed Ordinance entitled: AN ORDINANCE OF THE CITY CALIFORNIA, AMENDING COMPR& 78-01, ORTEGA BUSINESS CENT�R SCHOOL MASTER PLAN) (REZONE 01 10 San STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ] )F SAN JUAN CAPISTRANO, EN5IVE DEVELOPMENT PLAN MARGARET'S EPISCOPAL IS, CITY jRcLERK strano, C I ornia AFFIDAVIT OF POSTING I, MARIA MORRIS, 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 23`d day of March 2010, l caused to be posted, in the City Clerk's office, a certified copy of Ordinance N4.969, adopted by the City Council on March 16, 2010 entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING COMPR'HEN IVE DEVELOPMENT PLAN 78-01, ORTEGA BUSINESS CENTS MARGARET'S EPISCOPAL SCHOOL MASTER PLAN) (REZONE 6 MARIA`, IS, CITY ERK San Jua a 'strand, Cql ornia Exhibit "A" Rezone (RZ) 07-05 St. Margaret's Episcopal School Master Plan Amending the zoning classification of the project area (shaded) established by Comprehensive Development Plan 78-01, Ortega Business Center from "Planning Sector A-2" to "Planning Sector D". C? �x Exhibit "B" Rezone (RZ) 07-05 St. Margaret's Episcopal School Master. Plan Amending the zoning classification of the project area (shaded) established by Comprehensive Development Plan 78-01, Ortega Business Center to exclude said area "Planning Subsector 3".