Ordinance Number 523ORDINANCE NO. 523
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.423.5 OF THE
MUNICIPAL CODE RELATING TO THE PD (PLANNED
DEVELOPMENT) DISTRICT REGULATIONS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
A. The City's Environmental Review Board has reviewed
the amendment set forth herein, has determined
that the amendment is categorically exempt from
environmental review, and has otherwise carried
out all requirements of the California
Environmental Quality Act, as amended. The City
Council hereby concurs with the Environmental
Review Board findings.
B. This code amendment will provide for greater
flexibility in the application of the PD District
regulations, while still retaining all necessary
controls over permitted land uses and development
standards.
C. A duly noticed public hearing has been held to
receive and consider public testimony regarding
the proposed amendment.
SECTION 2. Amendment Text.
A. Introduction
Based upon the findings set forth in Section 1,
preceding, the amendment to the Municipal Code set
forth under Paragraph B, following, is hereby
enacted.
B. Amendment
1. Subsection (b) of Section 9-3.423.5 of the
Municipal Code is hereby amended to read as
follows:
"(b) Principal uses and structures permitted.
The following principal uses and
structures shall be permitted in the
Planned Development (PD) District:
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11(2) The City may limit uses within a PD
project to those which it deems
consistent with the General Plan
and compatible with the
characteristics of the subject
property and with surrounding land
uses. The City may also limit uses
in a specific building to those
which such building space was
originally designed to
accommodate."
The first paragraph of Subsection (c) of
Section 9-3.423.5 shall be amended to read as
follows:
"(c) Development standards. The development
standards set forth in this Subsection
are the minimum standards with which to
evaluate the achievement of the purpose
and intent of the Planned Development
(PD) District by any proposed use or
project. It shall be incumbent upon the
applicant to fully demonstrate that the
development standards have been met.
The decision-making body shall determine
that all such applicable standards are
met prior to the approval of a Specific
Development Plan (SDP)."
Subsections (d) (1) , (d) (2) , and (d) (3) of
Section 9-3.423.5 shall be amended to read as
follows:
"(d) Development plans and review.
"(1) Eligibility. Applications may be
made for a zone change to the
Planned Development (PD) District
under the following conditions:
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"(1) All permitted principal,
conditional, and accessory uses and
structures shall be consistent with
the General Plan land use
designation(s) for the property in
question. However, development or
other improvements to establish
such uses shall not be permitted
until a Specific Development Plan
(SDP) for the subject property is
approved by the City (see
Subsection (d) of this Section).
Said SDP shall designate permitted
uses by specific listing of uses on
the SDP, by reference to specific
sections of this Code, or by a
combination of the above.
11(2) The City may limit uses within a PD
project to those which it deems
consistent with the General Plan
and compatible with the
characteristics of the subject
property and with surrounding land
uses. The City may also limit uses
in a specific building to those
which such building space was
originally designed to
accommodate."
The first paragraph of Subsection (c) of
Section 9-3.423.5 shall be amended to read as
follows:
"(c) Development standards. The development
standards set forth in this Subsection
are the minimum standards with which to
evaluate the achievement of the purpose
and intent of the Planned Development
(PD) District by any proposed use or
project. It shall be incumbent upon the
applicant to fully demonstrate that the
development standards have been met.
The decision-making body shall determine
that all such applicable standards are
met prior to the approval of a Specific
Development Plan (SDP)."
Subsections (d) (1) , (d) (2) , and (d) (3) of
Section 9-3.423.5 shall be amended to read as
follows:
"(d) Development plans and review.
"(1) Eligibility. Applications may be
made for a zone change to the
Planned Development (PD) District
under the following conditions:
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424
"(i) A Specific Development Plan
(SDP), which encompasses the
entire site proposed for PD
rezoning and which meets all
requirements of this Section
and those of any applicable
Environmental Management
Overlay District (reference
Article 5 of this Chapter), is
submitted with the PD zone
change application; or,
"(ii) A Specific Development Plan is
not submitted with the PD zone
change application. In such
cases, any adopted PD zone
change shall permit those land
uses consistent with the
General Plan designation for
the property in question.
However, development or other
improvements to establish such
land uses shall not be
permitted until an SDP for the
subject property is approved
by the City.
"(2) Content of Specific Development
Plans. A Specific Development Plan
shall consist of maps and other
graphics detailing the precise
standards and land use regulations
to be applied to the site in
question. Details of the plan
components shall be in accordance
with guidelines set forth by the
City.
"Building, grading, landscaping, and
related development plans shall be
reviewed pursuant to Section
9-2.305 of Article 3 of Chapter 2
of this Title.
"(3) Adoption of Specific Development
Plans.
"(i) The zone change application
shall be reviewed pursuant to
the provisions of Section
9-2.301 of Article 3 of
Chapter 2 of this Title. An
SDP may be approved, modified,
conditionally approved, or
denied in part or its
entirety. If the SDP is
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425
approved, the Council shall
adopt said SDP by ordinance.
The adopted ordinance shall
specify all the conditions of
approval, if any, along with
other matters as deemed
appropriate by the Council.
"(ii) After the adoption of an SDP,
the designation number for
said SDP shall be entered on
the Official Zoning Map along
with the PD zone designation
for the parcel or parcels in
question. The PD zone
designation with its SDP
designation number shall refer
only to that specific SDP
adopted by the Council. No
other SDP shall be applied to
the PD zoning except as
provided for in Subsection (4)
of this Subsection through an
SDP amendment."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be published once as required by
law and posted at the duly designated posting places within the
City of San Juan Capistrano within fifteen (15) days after its
passage.
PASSED, APPROVED AND ADOPTED this 6th day of
November , 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
_ Schwartze, and Mayor Hausdorfer
ATTEST:
CITY CLEW
NOES: None
ABSENT: None
Y HAUSDORFER, MAY019
QC
426
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. 523 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on October 16 , 1984 , and
adopted at a meeting held on November 6 , 1984
(SEAL)
MARY ANN ANOVER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO ) AND PUBLISHING
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California, ORDINANCE NO. 523 , being:
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
SUBDIVISION REVIEW PROCESS - PD DISTRICT
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.423.5 OF THE
MUNICIPAL CODE RELATING TO THE PD (PLANNED
DEVELOPMENT) DISTRICT REGULATIONS
was published in the Capistrano Valley News newspaper on
November 15 , 1984, and in further compliance with City
Resolution No. 83-12-20-3, on November 8 , 1984 , she caused
said Ordinance to be posted in three (3) public places in the
City of San Juan Capistrano, to wit:
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library.
MARY ANN ANOVER, CITY CLERK
San Juan Capistrano, California
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427
CHECK LIST
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- ........ .-. Legal Publication or 'eyed to be published
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