Ordinance Number 993 i
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT
TO THE OFFICIAL ZONING MAP AND AMENDING TITLE 9,
LAND USE CODE TO ADD SECTION 9-3.316, HISTORIC TOWN
CENTER FORM-BASED CODE FOR THE HISTORIC TOWN CENTER
MASTER PLAN
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Whereas,the City has prepared a Master Plan for the 150 acre Historic Town
Center planning area establishing policies and recommendations for guiding future
development of the Historic Town Center and has prepared a Form-Based Code to
establish new land use and development standards for that historic downtown; and,
Whereas, the General Plan Land Use Element establishes the limits of the
Historic Town Center Master Plan planning area and identifies the planning area for the
development of commercial and service uses which balance the community's commercial
needs with those of tourism-based development while maintaining fiscal and economic
viability. The Land Use Element also provides that the City will continue to implement a
Historic Town Center revitalization plan to provide additional housing opportunities and
population to support these commercial services and retail sales; and,
Whereas, on February 11, 2010,the City executed a contract with Studio 111
for the preparation of the updated Historic Town Center Master Plan which included
preparation of a Program Environmental Impact Report(PEIR) by the Templeton Planning
Group for both the Historic Town Center Master Plan and the Historic Town Center Form-
Based Code; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Title 9, Land Use Code of the City's Municipal Code;
and,
Whereas, the Environmental Administrator has required preparation of a
Program Environmental Impact Report(PEIR)for the project pursuant to Section 15081 of
the California Environmental Quality Act (CEQA) Guidelines; has issued a Notice of
Preparation pursuant to Section 15082 of those guidelines; has overseen the preparation
of the Draft PEIR prepared pursuant to Section 15084 of those Guidelines; and has issued
a Notice of Completion pursuant to Section 15085 of those Guidelines to provide for public
review and comment; and,
L.,
1 4/17/2012
Whereas, the Design Review Committee conducted public meetings on
January 5, 2012, January 19, 2012, and February 2, 2012 pursuant to Title 9, Land Use
Code to consider the proposed project and to consider public testimony on the proposed
project; and,
Whereas, the Transportation Commission conducted a public meeting on
November 9, 2011, pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting
Procedures to consider the proposed project and to consider public testimony on the
proposed project; and,
Whereas,the Parks, Recreation and Senior Services Commission conducted
a public meeting on November 21, 2011, pursuant to Title 9, Land Use Code, Section 9-
2.339, Public Meeting Procedures to consider the proposed project and to consider public
testimony on the proposed project; and,
Whereas, the Cultural Heritage Commission conducted a special public
meeting on November 30, 2011, pursuant to Title 9, Land Use Code, Section 9-2.339,
Public Meeting Procedures to consider the proposed project and public testimony on the
proposed project; and,
Whereas,the Planning Commission conducted a duly-noticed public meeting
on December 13, 2011 and conducted duly-noticed public hearings on January 24, 2012
and February 14, 2012 pursuant to Title 9, Land Use Code, Section 9-2.335, Public
Hearing Procedures to consider the Draft Program Environmental Impact Report (PEIR),
the Historic Town Center Master Plan, and the Form-Based Code.
SECTION 2. Ordinance 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.
Section 9-3.316, Historic Town Center Form-Based Code is hereby adopted
as provided by Exhibit "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.
2 4/17/2012
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 summaryand 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 17" day of April, 2012.
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MA S, CITY 7
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. 993 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 3rd day of April 2012, and that thereafter, said Ordinance was duly adopted
and passed at the Regular Meeting of the City Council on the 17"day of April 2012, by the
following vote, to wit:
AYE COUNCIL MEMBERS: Freese, Allevato and Mayor Kramer
NO OUNCIL MEMBERS: Reeve
ABS N : COUNCIL MEMBERS: None
REC S COUNCIL MEMBER: Taylor
M RIS,1`7
ERK
3 4117/2012
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 10th day of April 2012, 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 OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT
TO THE OFFICIAL ZONING MAPND AMENDING TITLE 9,
LAND USE CODE TO ADD SECTION 9-3.3 6, HISTORIC TOWN
CENTER FORM-BASED CODE FOR TH S� RIC TOWN CENTER
MASTER PLAN
This document was posted in the Office of the Ci F
MARI IS,CITY CL010K
San Ju pistrano, Cali
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`d day of April 2012, 1 caused to be posted a certified copy of Ordinance No.
993, adopted by the City Council on April 17, 2012, entitled:
AN ORDINANCE OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT
TO THE OFFICIAL ZONING MAP ND AMENDING TITLE 9,
LAND USE CODE TO ADD SECTI 9-3 16, HISTORIC -TOWN
CENTER FORM-BASED CODE FOR E I ORIC TOWN CENTER
MASTER PLAN
This document was posted in the Office of th A e
MARIITY C K
San J api trano, Ca ifo is
4 4/17/2012