Ordinance Number 672 ORDINANCE NO. 672 3 '4
REZONE 90-04 (CAPISTRANO BUSINESS PLAZA/DELGAR PARTNERS, INC).
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 90-04 WHICH ALLOWS
RESTRICTED OFFICE USES ON A SITE PREVIOUSLY APPROVED
FOR A HEALTH CLUB WITHIN THE PLANNED DEVELOPMENT
(PD) DISTRICT, SPECIFIC DEVELOPMENT PLAN 81-2
(CAPISTRANO BUSINESS PLAZA/DELGAR PARTNERS, INC.)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council finds that:
1. The proposed rezone is consistent with the goals, policies, and objectives
of the General Plan.
2. The development of the property under the new zoning will conform to
the standards contained in Specific Development Plan 81-2 and the City's
Land Use Code.
3. The City Council has determined that the project will not have a
significant effect on the environment, has accordingly certified a
negative declaration, and has otherwise carried out all requirements of
the California Environmental Quality Act.
4. A public hearing describing the purpose of the rezone and the time, date,
and location of the hearing was published in the Capistrano Valley
News. Property owners within 300 feet of the project boundary were
sent notice of the project pursuant to requirements of state law.
SECTION 2. ZONE CHANGE.
Based on the findings set forth in Section 1, preceding, the City Council
ordains that the official Specific Development Plan 81-2 text heretofore adopted shall be
changed to delete references to the private recreation complex. The recommended
zoning change is designated as Rezone 90-04 and is more specifically depicted as "Exhibit
A", attached hereto. Revisions occur to Sections A., B.4., and C.2., of Specific
Development Plan 81-2 (deletions are shown by strikeover). Figures 1 and 2 of Exhibit A,
showing the office complex site plans, shall replace Figures 3 and 4 of SDP 81-2,
illustrating the deleted recreational facilities.
SECTION 3. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after its
passage.
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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 is 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 4th day of September
1990.
GARY L. HAUSDORFER, MAYOR
ATTEST: �y
CITY CLERKV
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x
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 672 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on Aucust 21 , 1990, and adopted at
a meeting held on September 4 1990, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland and
Mayor Hausdorfer
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHE YL JOHNSON-, CITY CLERK
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SPECIFIC DEVELOPMENT PLAN 81-2
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A. Purpose and intent
To provide for the precise regulation of land uses in order to facilitate
implementation of the General Plan, particularly as it pertains to text description
included as part of General Plan Amendment 82-1, item B.
To provide for the utilization of innovative land planning and building design as a
means of achieving high quality, variety, flexibility and efficiency In the design of a
medical oifice.VOft/p�iPifVeirdc/daYiOgcbch011ztI [DELETIONS PER RZ 90-041
B. princi al Uses and Structures Permitted
1. Offices for use by medical doctors, dentists, psychiatrists, psychologists and
other licensed human health care practitioners.
2. Surgi-center which is restricted to non-emergency, one-day surgeries for
ambulatory patients, with no overnight facilities.
3. Support facilities and pharmacy which are limited to the following uses:
a. Medical laboratory and testing facilities.
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b. Continuing medical education facility.
C. Therapy and rehabilitation services.
d. Reail sales of pharmaceuticals.
c. Sales and rentals o1 health care supplies and equipment.
f. Sale and service of optical supplies.
g, A small-scale sandwich shop designed to serve the needs of employees
and clients of the project. Such use shall be integrated into a multiple-
use building rather than developed as a separate unit.
t/• / / $1hlktJcl�g/bYa�t4 y'eii4�o11i4�a'sri� �t�dnlsu/d�Gi j,kjjdr4Ss61rbbdn{/
[DELETIONS PER RZ 90-001
y, 3 Any, use not specifically listed in this Specific Development Plan shall b
regarded as not being a permitted use, except as provided for in Municip,
Code Section 9-3.303 (determination of permissibility o1 unlisted uses by th.
Director).
EXHIBIT A
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C. biect_ to Approval of a Conditional Use Permit
I. Convalescent, Nursing, and Congregate Care Facilities.
2, Restricted professional offices which do not conduct retail activities and are
designed to support other businesses such as public accounting, legal,
insurance, add engineering firms, a,)d business consultants. Such uses sha!I be
lirr,ited to those buildings other than the /d�;t�fipi bd a4'�p,{ S,.;rgi-center, and
pharmacy b.;;ldrngs• (DELETIONS PER RZ 90-041
D. Specific Development Plan
Ttte Specific Development Plan includes a site plan, landscape concept plan,
architectural elevations, sign program, grading plan and building materials and
colors referenced herein as AC 81-16 and as amended by Ordinance No.652
E. Amendment of Specc Development Plans
1, The Director may approve minor modifications to the approved Specific
Development Plan pursuant to Section 9-2.314.
2, The Planning Commission may approve modifications to the approved Specific
Development Plan it the Commission determines that the modification is
consistent with the overall purpose and general design of the originally aaopteo-
SDP and that the integrity of the original project concept and plan is
maintained. The amended SDP shall then become the SDP associated with the
Planned Development District designation on the official zoning map.
3. if the Planning Commission determines -`,at the proposed amendment is not
consistent with the o� e,-ail purpose and general design of the originally adopted
SDP, a new zone change app!ication will be required. Such zone change will be
reviewed in the same manner as 1ne initial application.
F. Supplementary District Regulations
The Supplementary District Regulations of Article 9-3.6 (signs, parking, fence
regulations, etc.) shall apply to this PD (Planned Development) District. However,
specific supplerr.entary district regular ons adopted as part of an SDP shall supersece
such Article 9-3.6 regulations.
G. Issues Nr,, Addressed
In cases where a standard, regulation, or other issue is not atCressed in this SDP, tr,e
appropriate provision of this Title 9 shall regulate.
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41
H. Comm
1, This SDP, through appropriate legal instruments such as CC&R's, management
agencies and/or owners' associations, shall provide means for the ongoing
maintenance of all open space, private street, parking lots, buildings and the
like. Said legal instruments snall be approved by the City and shall be
appropra;ely recce cd prior to the iss ante c: builCing per mi s.
2. responsible manage`menteassociation, thesmaintena ce of any crommonly olwnec
land should the City determine alter reasona�le and customary notice to the
management association that adcouate manintenance is not being performed
on such land.
), to the case of owners' associations, no in-co—non holding may be sold or
otherwise transferred to the control of any ot: entity excc-r ' one conceived
and designed to fulfill the same basic purposes .. .ne owners' 4r nciatfon.
L Issuance of Certificates of Use and Occupancy.
Prior to the issuance of Certificates of Use and Occupancy for Building Nos. 4-9,
and building permits for Building No. 10, the property owner shall comply witn the
following Provisions:
1, Developer shall make a cash payment of $100,000 to the City to be used at
City's discretion for public recreational facilities;
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ZONE - PD ( SDP 81 -2)
ATTACHMENT
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