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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. i RY KRA AT'TS :I fika Z' 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