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Ordinance Number 835395 ORDINANCE NO. 835 APPROVING REZONE 98-3 - SILVERADO SENIOR LIVING AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 98-3 TO REZONE APPROXIMATELY THREE ACRES LOCATED ALONG THE WEST SIDE OF CAMINO CAPISTRANO IMMEDIATELY SOUTH OF JUNIPERO SERRA ROAD FROM THE GROWTH MANAGEMENT ZONE DISTRICT TO THE PUBLIC AND INSTITUTIONAL ZONE DISTRICT (SILVERADO SENIOR LIVING) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FindiM. The City Council finds that: 1. The proposed use is compatible with applicable goals, policies, and objectives of the General Plan in that the proposed Public and Institutional (IP) zoning will permit an Alzheimer's care facility, which is of low intensity in light and noise impacts, and will not generate a significant amount of traffic. Furthermore, because the project has been designed in the Spanish themes ofthe City's adopted Architectural Design Guidelines, the proposed project is consistent with the Community Design Element of the General Plan. 2. The proposed development will not negatively impact adjacent uses which include Camino Capistrano, the Northwest Open Space, and the AT&SF Railroad. With the proposed environmental mitigation measures, the proposed use will not be negatively affected by these adjacent land uses. 3. The proposed rezone to the Public and Institutional District is identified as being consistent with the 1.5 (Medium High Density) General Plan Designation by Table 2-1 (Consistency Matrix) of Section 9-2.101 of the Municipal Code. SECTION 2. Amendment Text. Based upon the findings set forth in Section 1 preceding, the City Council ordains that the official zoning map of the City of San Juan Capistrano shall be changed to designate Assessor's Parcel Number 121-070-08, as depicted in Exhibit A, from the Growth Management (GM) District to the Public and Institutional (IP) District. W. SECTION 3. Conditions of Approval. City Council approval of Rezone 98-3 shall be subject to the following Conditional of Approval: 1. "Use of City Property". Prior to the issuance of building permits, - the applicant shall enter into a reciprocal access and parking license agreement with the City for the installation and use of site improvements as dedicated on the site plan. The City may modify or revoke the license agreement at the City's discretion at such time as the City may so elect. 2. "Security Measures". Prior to the issuance of a Certificate of Use and Occupancy for an Alzheimer's care facility at this site, site security measures shall be subject to the review and approval of the Chief of Police Services. The Chief of Police may require security measures to be installed, which may include, but not be limited to, a perimeter wall, extension of the courtyard fence to encompass exterior entries, and construction of a barrier fence along the length of the railroad right-of-way. 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 ADOPTED this 2»d day of March 1999. JrGREINER, MAY R ATTEST: CITY CLERK' -2- Sy/ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, Califrnia, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance- No. 835 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on February 16 11999, and adopted at a meeting held on Marrh 2 , 1999, by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOL ,�4SOfq, CITY CLERK -3- F7 23 23.0/ AC EXHIBIT _A R.s N-33 Put Lor r rTss AC SrlRVEY �ZA -I 5,S 27. 58 AC. 75- 57 30, 25 AC. 63S'