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Ordinance Number 918ORDINANCE NO. 918 ' AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 05-02, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FORA 2.7 ACRE PARCEL LOCATED AT THE EASTERN TERMINUS OF CALLE ROLANDO FROM "IP" (INDUSTRIAL PARK) TO "RG -4,000" (RESIDENTIAL GARDEN -4,000) ZONE DISTRICT (ASSESSOR PARCEL NOS. 668-421-03 AND 668-421-04)(CITY OF SAN JUAN CAPISTRANO) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. Whereas, the City has requested approval of a Rezone to amend the Official Zoning Map to change the interim zoning district designation of "IP" (Industrial Park) to "RG -4,000" (Residential Garden -4,000) on 2.7 acres of vacant land'located at the eastern terminus of Calle Rolando for the purpose of future residential development; and, Whereas, the Planning Commission has recommended the "RG -4,000" designation as the most appropriate designation for ensuring the future development of residential housing on the subject property; and, Whereas, the proposed zone change has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has issued a Mitigated Negative Declaration (MND) pursuant to Section 15070 of the California Environmental Quality Act Guidelines; has caused a "Notice of Intent to Adopt a Negative Declaration" to be mailed to all real property owners within 500 feet of the project as listed on the County Assessor's property owner's address database; has caused the Mitigated Negative Declaration (MND) to be posted by the County Clerk and mailed to the State Clearinghouse pursuant to Section 15072 of the CEQA Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act; and, Whereas, the Planning Commission conducted a duly+noticed public hearing on August 22, 2006, pursuant to Title 9, Land Use Code, Section, 9-2.335, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments; and, Whereas, on August 22, 2006, the Planning Commission adopted a resolution recommending City Council approval of the Rezone to "RG -4,000 (Residential Garden -4,000) with a maximum density of 8 du/acre based on findings that the amendment ' was consistent with the overall goals and policies of the General Plan Land Use Element; and, Page 1 of 3 Whereas, the City Council conducted a duly -noticed public hearing on September 19, 2006, pursuant to Title 9, Lane Use Code, Section 9-2.335, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments. SECTION 2. Findings. The proposed zone change is consistent with the General Plan because the proposed future residential is consistent with the existing General Plan density designation of "High Density Residential" that allows up to 8 dwelling units per acre plus a 25 percent density bonus for affordable projects; and, 2. The proposed zone change will not have an adverse effect on the surrounding properties or the community in general because the property is surrounded on the north, west, and south with residential development. The development to the south and west has the identical zoning and density and this zoning designation is compatible with the mobile home park residences and zoning to the north; and, 3. The site of the proposed rezone to residential is compatible with the residential use because the site is relatively flat, unconstrained, and has adequate access and infrastructure to support a residential development on the property; and, 4. Based upon the Initial Study, the public hearing, and substantial evidence in the record, the Rezone will not have a significant effect on the environment and the Mitigated Negative Declaration prepared for the Rezone has been reviewed and considered and reflects the independent judgment of the City Council. SECTION 3. Amendment. The Official Zoning Map of the City of San Juan Capistrano is hereby amended as provided by Exhibit "A", attached hereto and incorporated herein. passage. SECTION 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its 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 Page 2 of 3 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 19d' day of September, 2006. FS -M •- ATTEST: MAGARET R. MO•NAAHAN, 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 Sam Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 918 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 19'" day of September 2006 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 3rd day of October 2006 by the following vote, to wit: AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Page 3 of 3 Exhibit A RM UNKNOWN Feel 0 85 170 340 510 * IP/MHD C ME Au MHP end zoning 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 13`" day of September 2006, at least 5 days prior to October 3, 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, APPROVING REZONE 05-02, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR A 2.7 ACRE PARCEL LOCATED AT THE EASTERN TERMINUS OF CALLE ROLANDO FROM "IP" (INDUSTRIAL PARK) TO "RG -4, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 05-02, AMENDING THE OFFICIAL ZONING 000" (RESIDENTIAL GARDEN — 4,000) ZONE DISTRICT (ASSESSOR PARCEL NOS. 668-421-03 AND 668-421-04)(CITY OF SAN JUAN CAPISTRANO) This document was posted in the Office of the City Clerk MR 12ET R. MONAHAN: CITY CLERK an Ju n Capistrano, California STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT!RF 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 4 day of October 2006 1 caused to be posted a certified copy of Ordinance No. 918, adopted by the City Council on October 3, 2006 entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 05-02, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR A 2.7 ACRE PARCEL LOCATED AT THE EASTERN TERMINUS OF CALLE ROLANDO FROM "IP" (INDUSTRIAL PARK) TO "RG -4, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 05-02, AMENDING THE OFFICIAL ZONING 000" (RESIDENTIAL GARDEN — 4,000) ZONE DISTRICT (ASSESSOR PARCEL NOS. 668-421-03 AND 668-421-04)(CITY OF SAN JUAN CAPISTRANO) This document was posted in the Office of the City Clerk WLV I I `— 1 L N1A R RET R. MONAHAN, C17 ' $pan J an Capistrano, California