Ordinance Number 915 ORDINANCE NO. 915
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE LAND USE CODE AND OFFICIAL
ZONING MAP TO PREZONE 92 ACRES OF UNINCORPORATED
TERRITORY LOCATED ON THE WEST SIDE OF CAMINO
CAPISTRANO APPROXIMATELY 1.2 MILES NORTH OF JUNIPERO
SERRA ROAD AS PLANNED COMMUNITY (PC), AND REVISING
TABLE 3-15 OF TITLE 9 OF THE MUNICIPAL CODE TO INCLUDE
SCHOOLS AS A PERMITTED ACCESSORY USE FOR RETREAT
CENTERS(RANCHO CAPISTRANO: RZ 06-04)(RANCHO CAPISTRANO
MINISTRIES)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY
ORDAIN AS FOLLOWS:
WHEREAS, on January 17, 2006, the San Juan Capistrano City Councill initiated
annexation and prezoning proceedings for the Rancho Capistrano property, shown
attached hereto as Exhibit "A", and referred the prezoning to the Planning Cortlmission
for review and recommendation; and
WHEREAS, a code amendment has been prepared to clarify the permitted uses
' which will apply to the property after annexation by adding "schools, affiliated with the
primary use" to religious, fraternal, or service organizations in the list ofrmitted
interim uses in both the Planned Community and Specific PlanlPrecise Pla4istricts,
which code amendment is hereby initiated for consideration pursuant to Sec. 942.309 of
Title 9 of the Municipal Code; and
WHEREAS, the subject property is designated as "PC" (Planned Community) on
the City's General Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQAJ and the
CEQA Guidelines, the City's planning staff completed an Initial Study for th@ above-
referenced project, determined that the prezoning, preannexation agreement and code
amendment will not result in a significant impact on the environment, and acgordingly
drafted a Negative Declaration for the subject applications; and
WHEREAS, on August 8: 2006, the Planning Commission conductedI a duly-
noticed public hearing regarding the subject applications and forwarded them toil the City
Council with recommendations of approval; and
WHEREAS, the City staff and the City's consulting project manager have
prepared a detailed staff report on the application to the City Council; and
' WHEREAS, on September 5, 2006, the City Council held a public hea ing and
considered the proposed Prezoning and associated Land Use Code Amendment, the
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recommendation of the Planning Commission, and the evidence and arguments —
submitted by the City staff, the property owner, and all interested parties. A notice of
time, place and purpose of the public hearing was duly given and testimony was
presented to and considered by the City Council at the public hearing.
SECTION 1: Findings Regarding Environmental Review.
Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared
for this project. After reviewing the Initial Study, the proposed Negative Declaration, and
all comments received during the public review process, the City Council hereby:
1. Determines that the project will not have a significant impact on the environment
2. Adopts the Negative Declaration, attached to the City Council staff report on the
subject project dated September 5, 2006, reflecting the independent judgment of
the City of San Juan Capistrano. Records relating to the Initial Study and
Negative Declaration are retained in the Planning Department of the City of San
Juan Capistrano.
3. Determines, pursuant to Title 14, California Code of Regulation Section
753.5(c)(1), that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on wildlife
resources or the habitat upon which the wildlife depends. Furthermore, on the --
basis of substantial evidence, the City Council finds that any presumption of
adverse impact has been adequately rebutted, and therefore, pursuant to Fish
and Game Code Section 711.2 and Title 14, California Code of Regulations
Section 753.5(a)(3), determines that the project shall not be required to pay Fish
and Game Department filing fees.
SECTION 2: Findings Regarding Prezoning.
The City Council hereby finds as follows regarding the proposed prezoning:
1. Prezoning of the property to "PC" and its addition to the Official Zoning Map will
establish consistency with the existing "Planned Community" General Plan
designation on the property per the Land Use Code's "Zoning Consistency
Matrix" (LUC Sec. 9-2.101, Table 2-1).
2. The site is appropriate for the Interim Uses allowed in the PC Zoned District as
set forth in Table 3-15 of the Land Use Code, because the site is currently
developed and used for a religious retreat center (non-profit) and accessory
uses, and no change of use is proposed at this time.
3. The Prezoning is necessary to allow annexation of an unincorporated County
"island" within the City's adopted Sphere of Influence, thereby resulting in more
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logical service boundaries and consistency with City land use policies.
' SECTION 3: Findings Regarding Land Use Code Amendment.
The City Council hereby finds as follows regarding the proposed Land Use Code
Amendment:
1. The addition of schools as an accessory use to religious institutions in Toble 3-15
setting forth permitted interim uses in the PC Zone is consistent with the General
Plan, specifically Table LU-3 which allows Public Institutional uses in the Crystal
Cathedral Ministries Planned Community, and Land Use Classification .0 which
allows schools in Public Institutional designated areas.
2. The site is appropriate for the revision to allow schools as an accessoi(y use to
retreat centers, because the site is currently developed and used for � religion
retreat that includes a private school, and the site is adequate to accommodate
these uses.
SECTION 4. Approval.
Based on the preceding findings, the City Council hereby:
' 1. Approves Prezoning RZ 06-04, as shown on Exhibit "A" attached hereto, to
designate 92 acres of uninhabited territory as Planned Community (PC); ;
Approves an amendment to the Land Use Code to revise Table 3-15 (Interim
Uses in the Planned Community District) to read as follows with ajdditional
wording underlined:
Excerpt from Table 3-15
Use PC Notes and Exce itions
Religious, fraternal, or C Includes churches, emples,
service organization (non- synagogues, mons teries,
profit) religious retreats, ai id other
places of religious Y forship,
and other fraternal nd
community service
organizations, inclulijag
schools affiliated wi h the
rima use.
SECTION 5. Effective Date.
' This Ordinance shall take effect and be in force thirty (30) days after its passage.
Page 3 of 4
SECTION 6. 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 1 gth day of September, 2006.
DAVID ER LIN, MAYOR
ATTEST:
R ARET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 915 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 5'h day of September 2006 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 19th day of September 2006 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Bathgate, Soto, and Mayor Swerdlin
NOES COUNCIL EMBERS: None
ABS T: COUNCI ME ERS- Hart, Allevato —
AR AR
ET R. MONAHAN, City Clerk
Page 4 of 4
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declares 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 315`day of August 2006, at least 5 days prior to September 19, 2006, the date of adoption of
the ordinance, I caused to be posted a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE LAND USE CODE AND OFFICIAL ZONING MAP TO
PREZONE 92 ACRES OF UNINCORPORATED TERRITORY LOCATED ON
THE WEST SIDE OF CAMINO CAPISTRANO APPROXIMATELY 1.2 MILES
NORTH OF JUNIPERO SERRA ROAD AS PLANNED COMMUNITY (PC), AND
REVISING TABLE 3-15 OF TITLE 9 OF THE MUNICIPAL CODE TO INCLUDE
SCHOOLS AS A PERMITTED ACCESSORY USE FOR RETREAT
CENTERS(RANCHO CAPISTRANO: RZ 06-04)(RANCHO CAPISTRANO
MINISTRIES)
This document was posted in the Office of the City Clerk n
MARGARET R. MONAHAN, CITY CLERK
Sa Ju n Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, 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 20'" day of September 2006 1 caused
to be posted a certified copy of Ordinance No. 915, adopted by the City Council on September
19, 2006 entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE LAND USE CODE AND OFFICIAL ZONING MAP TO
PREZONE 92 ACRES OF UNINCORPORATED TERRITORY LOCATED ON
THE WEST SIDE OF CAMINO CAPISTRANO APPROXIMATELY 1.2 MILES
NORTH OF JUNIPERO SERRA ROAD AS PLANNED COMMUNITY (PC), AND
REVISING TABLE 3-15 OF TITLE 9 OF THE MUNICIPAL CODE TO INCLUDE
SCHOOLS AS A PERMITTED ACCESSORY USE FOR RETREAT
CENTERS(RANCHO CAPISTRANO: RZ 06-04)(RANCHO CAPISTRANO
MINISTRIES)
This document was posted in the Office of the City Clerk n —
AR ARET R. MONAHAN, CITY CLERK
an uan Capistrano, California