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Ordinance Number 1064ORDINANCE NO. 1064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REZONE REQUEST TO AMEND THE OFFICIAL ZONING MAP FROM OFFICE COMMERCIAL TO PUBLIC & INSTITUTIONAL FOR 31451, 31531, & A PORTION OF 31501 AVENIDA LOS CERRITOS (APNS 650-151-14/15, & 1.4 ACRE PORTION OF 650-151-24) (APPLICANT: PROTEA SENIOR LIVING, SJC, LLC) Whereas, Protea Senior Living, SJC, LLC, 18 Ventana Ridge Drive, Aliso Viejo, CA 92656, has requested approval of a Rezone to amend the official zoning map from Office Commercial To Public & Institutional for 31451, 31531, & a portion of 31501 Avenida Los Cerritos (APNs 650-151-14/15, & 1.4 acre portion of 650-151-24); and, Whereas, South Coast Christian Assembly, 31501 Avenida Los Cerritos, San Juan Capistrano, CA 92675 is the owner of the property as listed *above; and, Whereas, on February 20, 2018 the City Council of the City of San Juan Capistrano initiated a General Plan Amendment for a proposed memory care facility on the subject site consisting of approximately 2.06 acres with two single family residents and a vacant lot; and, Whereas, the project has been processed pursuant to Section 9-2.307, General Plan Amendment 17-002, and Section 9-2.315, Zone Cha fte, Rezone, 17-001, of Title u 9, Land Use Code of the City of San Juan Capistrano to establish the land use policies and zoning regulations for the project site, in the form of the proposed Protea Memory Care Facility; and, Whereas, the Environmental Administrator reviewed the initial study prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines, and has overseen the preparation of a Mitigated Negative Declaration (MND) pursuant to Section 15070, e/ seq., of those guidelines; has provided notice of the intent ib adopt a Mitigated Negative Declaration 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 Initial Study and the Mitigated Negative Declaration were available for public review from January 24, 2019, to February 13, 2019; and, Whereas, the City received two comments on the Mitigated Negative Declaration from public agencies and interested parties during the public review period; and, Whereas, the City has prepared responses to the comments received and made minor revisions to the Initial Study / Mitigated Negative Declaration documentation, which are embodied in the a Final Initial Study/ Mitigated Negative Declaration (the Final IS/MND); and, Whereas, the Planning Commission conducted a duly -noticed public hearing on February 26, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public testimony on the proposed project and has considered all relevant public comments; and, Whereas, the City has prepared responses to the comments received and provided a response to the comment, which has been embodied in the a Final Initial Study/ Mitigated Negative Declaration (the Final IS/MND); 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 including the Final IS/MND; and, Whereas, on March 19, 2019, the City Council held a duly noticed public hearing to consider the provisions of this Ordinance and following receipt of all written and oral public comments, the City Council closed the public hearing, considered the evidence presented, and deliberated. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of San Juan Capistrano hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance as if fully set forth herein. 0, SECTION 2. CEQA. The City Council of the City of San Juan Capistrano does hereby make the following findings with respect to the California Environmental Quality Act (CEQA) and the Mitigated Negative Declaration (MND): 1. The City Council has reviewed and considered the Final IS/MND and the public testimony regarding the environmental review of the Project; and 2. The City Council finds on the basis of the evidence presented and the whole record before it, including the Final IS/MND that there is no substantial evidence that the proposed project, as mitigated, will have a significant effect on the environment; and 3. Whereas, the City Council finds that the Mitigation Monitoring and Reporting Program should be adopted with all mitigation measures made enforceable as a regulatory requirement for thia development of the Specific Plan; and 4. Whereas, the City Council further finds that the recommendation of adoption of the mitigated negative declaration reflects the City Council's independent judgment and analysis; and n 2 01064 s. 5. Whereas, the record of proceedings on which the City Council's decision is based is located at City Hall for the City of San Juan Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is the Development Services Department Administrative Specialist. SECTION 3. Rezone 17-001 1. The rezoning of the 2.06 acre site is proposed ,to occur concurrently with a change to the General Plan Land Use Map (GPA 17-002) to change the land use designation from 4.4 Office/Research Park to 5.3 Assisted Care Facilities. If the proposed General Plan amendment is approved, the proposed zone change (RZ 17-001) from Office Commercial to Public & Institutional would be consistent with the amended General Plan Land Use Map. Land Use Goal 2 of the General Plan directs the City to "control and direct future growth within the City to preserve the rural village like character of the community". Supporting Policy 2.2 further states that the City will "assure that new development is consistent and compatible with the existing character of the City". The proposed development would utilize a portion of a vacant lot, and two lots which are currently developed with single family residential structures. The sites with the residential structures were rezoned to office, but never developed for office use. Rezoning the 2.06 -acre site ensures that the City will have additional assisted care facilities and institutional development capacity while preserving the City's rural village like character, because the project proposes to fill in a vacant site with construction that will be similar in architecture and development standards with the surrounding existing developments. Land Use Policy 7.2 of the General Plan states that the City will "ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure". The proposed memory care facility is surrounded by office parks and institutional uses (church with a preschool) which are compatible with the proposed Assisted Care Facility General Land Use Designation and Public & Institutional zone. 2. The proposed Public & Institutional zone is consistent with the proposed General Plan Land Use designation (5.3 Assisted Care Facilities), as shown in Municipal Code Section 9-2.105, Table 2-1, Zoning Consistency Matrix, because the rezoning of the proposed memory care facility site is proposed to be rezoned concurrently with a change to the General Plan Land Use Map (GPA 17-002) from 4.4 Office/Research Park to 5.3 Assisted Care Facility. Public & Institutional zoning is consistent with the Assisted Care Facilities General Plan Land Use designation. 3. The land uses permitted by right in the Public & Institutional zone include a range of institutional uses, as well as public buildings and facilities. The size (2.06 acres) and location of the site can accommodate any of the permitted land uses given existing development standards, an allowance of up to 0.40 floor area ratio, easy access via Avenida Los Cerritos, and availability of supporting infrastructure. The general area surrounding the site consists of office and institutional uses. These surrounding uses are Is 3 01064 of an intensity and activity level similar to those associated with a memory care facility; thus, the proposed Zone Change is compatible with the permitted land uses in the proposed Public & institutional zone. 4. Surrounding zoning permits office and commercial uses to the south and east, and institutional uses to the north. The surrounding properties are currently developed with office parks, a church and a preschool; however, if the surrounding sites were to be redeveloped, the permitted uses are the same as what is permitted on the proposed memory care facility site, or similar to the existing uses currently surrounding the subject site, therefore the uses allowed would remain compatible with the existing and planned uses, as well as the community in general. 5. A new memory cause facility will provide an institutional service for the residents of San Juan Capistrano, adding to the number of units available currently, providing greater opportunities for residents to receive health related institutional services in San Juan Capistrano. SECTION 4. Amendmentto the San Juan Capistrano Official Zoning Map. The proposed amendment to the San Juan Capistrano Official Zoning Map through Rezone 17-001, and bearing the file number as follows: Rezone 17-001 is hereby approved, and hereby adopted by the City Council and incorporated as part of this Ordinance as Exhibit A. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part hereof. The City Council of the City of San Juan Capistrano hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 6. Publication. v. The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Capistrano Dispatch, a newspaper of general circulation that is printed, published, and circulated in the City of San Juan Capistrano. SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted and published in the manner required by law. 4 01064 SECTION 8. Location and Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk's office located at 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The custodian of these records is the City Clerk. SECTION 9. 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 ADOPTED this 2nd day of April 2019. IA L. MA YOTT. MAYOR 5 01064 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1064 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 19th day of March 2019 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 2nd day of April 2019 by the following vot , to wit: AYES: C UNCIL MEMBERS: Reeve, Taylor, Farias, Bourne, and Mayor Maryott NOES C UNCIL MEMBERS: None ABSENT: CIUNCIL MEMBERS: None MARIA MOPRIS, CITY CLERK 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 20th day of March 2019, 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, APPROVING A REZONE REQUEST TO AMEND THE OFFICIAL ZONING MAP FROM OF ICE COMMERCIAL TO PUBLIC & INSTITUTIONAL FOR 31451, 3151 1, A PORTION OF 31501 AVENIDA LOS CERRITOS (APNS 650-1 1- 4/ 5, & 1.4 ACRE PORTION OF 650-151-24) (APPLICANT: PROTEA �E 10 LIVING, SJC, LLC) This document was posted in the Office of the Ci`y (Ile MARIA.4ORRIS, CITY CLERK, San Juar. Capistrano, California'',. 6 01064 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 81h day of March, I caused to be posted a certified copy of Ordinance No. 1064, adopted by the City Council on April 2, 2019, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE -CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REZONE REQUEST TO AMEND THE OFFICIAL ZONING MAP FROM OFFICE COMMERCIAL TO PUBLIC & INSTITUTIONAL FOR650-115 3 1451, 3 531, & A PORTION OF 31501 AVENIDA LOS CERRITOS (AP NS -14/15, & 1.4 ACRE PORTION OF 650-151-24) (APPLICANT: I NIOR LIVING, SJC, LLC) This document was posted in the Office,of San'J Clerk )(�n '6� ORRIS, CIT)' CLE)2K Capistrano(,California 7 01064 EXHIBIT A Rezone 17-001 Zoning Map PC \ (CDP05-01) 21 Existing Zoning Map Proposed Zoning Map