Ordinance Number 457ORDINANCE NO. 457
APPROVING REZONE 82-3 (BROWN
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 398 BY CHANGING THE
ZONING OF ASSESSOR'S PARCEL NO. 124-120-67 FROM
PR (PRIVATE RECREATION) TO PD (PLANNED DEVELOPMENT,
SPECIFIC DEVELOPMENT PLAN 82-1) (BROWN)
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 City's Environmental Review Board has reviewed
the subject zone change application, has determined
that the project will not have a significant effect
on the environment, has issued a Negative Declaration,
and has otherwise carried out all requirements of
the California Environmental Quality Act.
2. The proposed zoning is consistent with the land use,
circulation and other designations shown for the
property per General Plan Amendment 80-3. The
proposed zoning is otherwise consistent with the
goals and policies of the General Plan.
3. The development of the property under the proposed
zoning will conform to the development standards and
other applicable provisions of Ordinance No. 398 as
amended.
4. A duly noticed public hearing has been held to
receive and consider public testimony regarding the
proposed zone change.
SECTION 2. Zone Change.
Based on the findings set forth in Section 1, preceding,
the City Council ordains that the official zoning
heretofore adopted for Assessor's Parcel No. 124-120-67
on February 20, 1980, by Ordinance No. 398, be changed
from PR to PD (SDP 82-1). Said zone change is designated
herein as Rezone 82-3 and is more specifically depicted
on Exhibits A and B, attached hereto.
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 in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 18th day of
May 1 1982 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
CE F. IM, MAYOR
ATTEST:
CITY CLE$
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 457 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on May 4 1982 , and adopted at
a meeting held on May 18 1982
(SEAL)-I�72r;2���
MARY ANN UANOOVER, TY CLERK
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EXHIBIT A
MIA _3_
SPECIFIC DEVELOPMENT PLAN 82-1
A. Purpose and Intent:
To provide a vehicle for the precise regulation of
land uses for RZ 82-3 designed to facilitate imple-
mentation of the General Plan Land Use and other ele-
ments as identified by GPA 80-3.
To provide for the utilization of innovative land
planning and building design as a means of achieving
high quality, variety, flexibility and efficiency in
design for the proposed office complex referenced as
AC 82-2.
B. Principal Uses and Structures Permitted:
1. Public and semi-public buildings, services and
facilities, including governmental buildings,
public utility offices and exchanges; but
excluding public schools, police stations, etc.
2. Business, vocational and professional schools not
requiring outdoor facilities, including secretarial,
art, dance, music, barber and beauty; but excluding
public or private primary or secondary schools.
3. Offices of nonprofit and civic organizations.
4. Medical and dental offices, excluding medical
centers or complexes. The total allowable square
footage for such medical/dental uses not to exceed
3,500.
C. Conditional Uses Permitted:
The following uses may be permitted, subject to the
approval of a conditional use permit:
1. Medical testing or laboratories which support
other medical facilities or offices.
2. Any permitted use determined by the Director of
Community Planning and Development to result in
any unusual environmental impacts such as excessive
traffic.
D. Specific Development Plan:
Development of the area encompassed by RZ 82-3 shall
be per AC 82-2. Said plans include grading, site,
landscape plans, and architectural building elevations.
-4- Exhibit B, page 1 of 3
E.
F
G
H.
Amendment of Specific Development Plans
1. The Director may approve minor modifications to the
approved Specific Development Plans pursuant to
Section 9-2.314.
The Planning Commission may approve modifications
to the approved Specific Development Plans if the
Commission determines that the modification is con-
sistent with the overall purpose and general design
of the originally adopted SDP and that the integrity
of the original project concept and plan is main-
tained. The amended SDP shall then become the SDP
associated with the Planned Development District
designation on the Official Zoning Map.
If the Planning Commission determines that the
proposed amendment is not consistent with the
overall purpose and general design of the origi-
nally adopted SDP, a new zone change application
will be required. Such zone change will be reviewed
in the same manner as the initial application.
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
supplementary district regulations adopted as part of the
Specific Development Plan shall supersede such Article
9-3.6 of the Municipal Code.
Issues Not Addressed
In cases where a standard, regulation, or other issue
is not addressed in this SDP, the appropriate provision
of Title 9 of the Municipal Code shall regulate.
Common Areas
1. The SDP, through appropriate legal instruments
such as CC&Rs, management agencies and/or owners'
associations, shall provide means for the ongoing
maintenance of all open space, private streets,
parking lots, buildings and the like. Said legal
instruments shall be approved by the City and shall
be appropriately recorded prior to the issuance of
building permits.
-5- Exhibit B, page 2 of 3
27
2. The CC&Rs or other legal instruments shall incor-
porate provisions of the responsible homeowners'
association, the maintenance of any commonly owned
land should the City determine after reasonable and
customary notice to the homeowners' association that
adequate maintenance is not being performed on such
land.
3. In the case of owners' associations, no in -common
holding may be sold or otherwise transferred to the
control of any other entity except one conceived
and designed to fulfill the same basic purposes as
the owners' association.
-6- Exhibit B, page 3 of 3