Loading...
Ordinance Number 1006 ORDINANCE NO. 1006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 13-004 CHANGING THE ZONING MAP AND ZONING DESIGNATION FOR THE 1.0 ACRE SITE 29582 SPOTTED BULL LANE APN: 650-011-27 (LES GILMER) WHEREAS, in December 1999, the City adopted the revised General Plan and Land Use Policy Map and Official Zoning Map which established 29582 Spotted Bull Lane as a Public & Institutional Land Use and Zone; and WHEREAS, staff has found that the December 1999, General Plan and Land Use Policy Map and Official Zoning Map which revised 29582 Spotted Bull Lane was made in error; and WHEREAS, on December 3, 2013, the City Council initiated a General Plan Amendment and Rezone 29582 Spotted Bull Lane to residential; and, WHEREAS, the proposed Rezone has been processed pursuant to Section 9-2.302, Title 9 of the Municipal Code; and WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and determined that the project is exempt from review in accordance with Section 15061 (b)(3); and WHEREAS, the Planning Commission conducted a duly-noticed public meeting on December 10, 2013, pursuant to the provisions of Title 9, Land Use Code, Section 9-2.302, Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comment; and, WHEREAS, the City Council has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies; and, WHEREAS, the City Council conducted a duly-noticed public hearing on January 21, 2014, pursuant to Title 9, Land Use Code, Section 9-2.302, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the City Council finds the proposed Rezone consistent with the General Plan Land Use Map designation and the requirements for findings as outlined in the Land Use Code, Title 9. Page 1 �� NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves of the Rezone (RZ 13-004) to amend the Land Use Map and the Land Use designation pursuant to the attached Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and determines: (1) The proposed Rezone is consistent with the General Plan land use map and applicable goals and policies, in that, the rezone creates a balanced land use pattern to ensure the city continues to provide public services and facilities, directs the future growth within the City to preserve the rural village-like character, distributes the additional population into the valley areas but outside of the floodplains, and preserves the major areas of open space and natural features; and, (2) The proposed Rezone is consistent with the Land Use Code, including Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix, in that, the Residential Single Family-40,000 zoning is allowed under the low density land use designations of the General Plan; and, (3) The site of the proposed Rezone is suitable for any of the land uses permitted within the proposed zone district, in that, proposed changes are consistent with the Purpose and Intent and Land Use goals and policies of the Land Use Code; and, (4) The uses allowed by the proposed Rezone are compatible with existing and planned uses on surrounding properties and the community in general, in that, the surrounding uses of the site include a low density residential use; and, (5) The proposed Rezone is reasonable and beneficial at this time, in that, the property is surrounded on three sides by the Residential Single Family-40,000 and is developed with a single family residence in accordance with the Residential Single Family-40,000 development standards. SECTION 2. The Official Zoning Map and Zoning designation for 29582 Spotted Bull Lane (APN: 650-011-27) is hereby amended to read as follows in Exhibit A. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part Page 2 thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this _ Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this Ordinance are declared to be severable. SECTION 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. 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 ADOPTS this 4th day of February 2014. A� SAM LEVATO, MAYOR AT MARIA CITY CL K Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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. 1006 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 21st day of January 2014, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 4tb day of Februa 2014, by the following vote, to wit: AYES: UNCIL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato NOES UNCIL MEMBERS: None ABSE OUNCIL MEMBERS: None MARWM RRIS, CITY E 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 23`" day of January 2014, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVIN REZONE (RZ) 13-004 CHANGING THE ZONING MAP AND ZONIN DESI NATION FOR THE 1.0 ACRE SITE 29582 SPOTTED BULL' kNEP : 650-011-2� (LES GILMER) This document was posted in the Office of the City MARIA ,CITY CLEfZK San Juan pist ano, Califo Page 4 J 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 6" day of February 2014, 1 caused to be posted a certified copy of Ordinance No. 1006, adopted by the City Council on February 4`", 2014, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 13-004 CHANGING THE ZONING MAP AND NTNG DESIGNATION FOR THE 1.0 ACRE SITE 29582 SPOTTED BU4LL/Ae E APN: 650-011-27 (LES GILMER) This document was posted in the Office ofjthe k M RI R IS, CITY LERK Sa an apistrano, tr rnia Page 5 29582 Spotted Bull Ln Land Use APN: 650-011-27 Existing Proposed j 5Q - ID. GENERAL OPEN SPACE -40. INOUSTRIALPARN - 1.1. OPEN SPACE RECREATION O 4 I. QUASI INDUSTRIAL 12, NEIGHSERHOOD PARK -42, AGRI BUSINESS O 13. COMMUNITY PARK ,'.,©'.,'.< 4 3, LIGHT WDUSTRN 14. SPECKLY PARK _4a, OFFICERESEARCH PARK - 15, REGIONAL PARK -50. PUBLIC&INSTITUTIONAL - 16, NATURAL OPEN SPACE -51, EXISTING PUBLIC SCHOOLS - 17, RECREATION COMMERICAL -53,ASSISTED CARE FACILITIES O 2.0. VERY LOW OENSItt SPECIAL STUDY O 3.1, LOW DENSITY -BANNED COMMUNITY -32, MEDIUM LOW DENSITY -SPECIFIC RAWfliECISE RACE ®33, MEDIUM DENSITY —2.4. MEDIUM HIGH DENSITY -25. HIGH DENSITY 26, VERY HIGH DENSITY O 3 D, NEIGHBERHO IO COMMERCIAL �• -31, GENERAL COMMERC. Exhibit A