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Resolution Number 17-11-07-01RESOLUTION NO. 17-11-07-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ARCHITECTURAL CONTROL (AC) 17-010 TO ALLOW TEMPORARY BLEACHERS FOR FRIDAY NIGHT FOOTBALL GAMES AND CONDITIONAL USE PERMIT (CUP) 17-004, USE OF SHARED PARKING WITH AN ADJOINING PROPERTY, JSERRA HIGH SCHOOL LOCATED AT 26311, 26351 & 26500 JUNIPERO SERRA ROAD (ASSESSOR PARCEL NUMBERS 649-361-09, 649-361-10, 649-011-25) (APPLICANT: MICHAEL RECUPERO, RECUPERO & ASSOCIATES) Whereas, Michael Recupero, Recupero & Associates, 31877 Del Obispo Street, Suite 204, San Juan Capistrano, CA 92675 (the "Applicant"), on behalf of JSerra High School has requested approval of Architectural Control17-010 and Conditional Use Permit (CUP) 17-004 for JSerra High School to use the existing campus football facilities for seven Friday night football games, including the installation of temporary bleachers ; the use of shared parking with an adjoining property, J Serra High School is located at 26311, 26351 & 26500 Junipero Serra Road, which is General Plan-designated Office/Research Park and Planned Community, classified as Public and Institutional on the Official Zoning Map (the "Project"); and, Whereas, Pueblo Serra Worship Holdings is the owner of real property located at 26311, 26351 & 26500 Junipero Serra Road (APN's: 649-361-09,649-361-10, 649-011-25); and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt (Section 15301; Class 1 "Existing Facilities") from further review. The project is consistent with Section 15301 because the football facility and parking areas are existing and will not be permanently altered with the proposed use; and, Whereas, the City Council has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, Whereas, the City Council conducted a duly-noticed public hearing on November 7, 2017, pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the proposed project and considered all relevant public comments; and, 1 11/7/2017 Whereas , t he City Counc i l conducted a duly-noticed public hearing on June 20 ,2017, pursuant to T itle 9 , Land Use Code , Section 9-2.302 and City Counci l Pol icy 5 to consider public testimony on the proposed project and considered all relevant publ ic comments . NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby fi nd that the project is Categorically Exempt (Section 1530 1 (2); Class 1 "Existing Facil ities ") from further rev iew under CEQA. The project is consistent with Section 15301 because the football facility and parking a reas are existing and will not be permanently altered with the proposed use . NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings as established by Section 9-2.313 of Title 9 , Land Use Code of the City of San Juan Capistrano in support of Architectural Control (AC) 17-010: 1. The proposed use and design of the project comply with all applicable provisions of T itle 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan because the proposed temporary bleachers will be placed along the four sides of the existing football field and will be removed after the last game. The bleachers will not encroach into any setbacks and will be placed on the running track, adjacent to the football field. 2. The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element because the goals and policies of the General Plan Community Design Element are substantially implemented through the City's adopted Architectural Design Guidelines. The bleachers are considered temporary and are consistent with the existing south campus recreation facilities and will not exceed the height of 20 feet. 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved because the existing track field will accommodate the temporary bleachers including stairs, ramps, handrails and safety fencing and will not encroach into any setbacks. 4 . The character, scale and quality of the architecture, site design and landscaping are · consistent with the adopted Architectural Design Guidelines of the City because as demonstrated within this staff report, the proposed bleachers are temporary and are consistent with the existing south campus recreation facilities. The bleachers will not encroach into any setbacks and will be placed on the running track, adjacent to the football field. 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the temporary bleachers will be placed within the running track area and along the field which has existing vehicular and pedestrian access to the JSerra High access road; and which includes existing field and roadway lighting. 2 6. The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the proposed temporary bleachers are consistent with the existing south campus recreation facilities and will not exceed the height of 20 feet. 7. The proposed use and design are intended to and do satisfy the purpose of satisfy Condition of Approval #50 of Architectural Control (AC) 02-07 which was approved in 2004 by City Council Resolution 04-08-31-02. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings as established by Section 9-2.317, Conditional Use Permit of Title 9, Land Use Code of the City of San Juan Capistrano in support of Conditional Use Permit (CUP) 17-004: 1. The proposed use and design are consistent with the maps and policies of the General Plan because the joint parking facilities are located on the Kaiser Medical Facility property which is consistent with the allowable uses in Office/Research Park. Parking facilities may be provided jointly subject to the approval of a Conditional Use Permit. 2. The proposed use and design are consistent with the purpose , intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved, because the site is zoned Public and Institutional, which allows educational uses and parking facilities may be provided jointly subject to the approval of a Conditional Use Permit. 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences , parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because parking facilities may be provided jointly subject to the approval of a Conditional Use Permit and because the Kaiser Medical Facility is developed with existing parking to accommodate the request for parking. 4. The proposed use and the ongoing operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because the Kaiser Medical Facility will provide parking for the JSerra High School Friday night games which will occur during off-peak hours for the facility. 5. The site for the proposed use has adequate access and parking to support the use because the applicant has secured a License Agreement with the Kaiser Medical Facility located adjacent to the School for 234 spaces . The School will have 812 spaces available plus the 234 spaces at the adjacent Kaiser Medical Facility for a total of 1 ,046 spaces, resulting in a surplus of 180 spaces. 3 6. The proposed use and desig n are intended to and do satisfy the purpose of sat isfy Condition of Approval #50 of Archi tectural Control (AC) 02-07 which was approved in 2004 by C ity Counci l Resolu t ion 04-08-31-02. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby: 1. Approves Architectural Control (AC) 17-010, subject to those conditions of approval established by City Council Resolution 04-08-31 -02; 2. Approves Conditional Use Permit (CUP) 17-004, subject to those conditions of approval established by City Council Resolution 04-08-31-02; 3. Determines that the above approvals satisfy Condition of Approval #50 of Architectural Control (AC) 02-07 approved in 2004 by City Council Resolution 04 - 08-31-02; 4. This project approval shall be valid for six Friday night football games on September 1, 8, 22, October 27, 2017, and November 3, 17, 2017, and shall expire on November 17 , 2017. CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano , California 92675. The City Clerk is the custodian of the record of proceedings. SEVERABILITY: If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable . EFFECTIVE DATE AND EXECUTION: This Resolution shall become effective upon its adoption. The Mayor shall sign this Resolution and the City Clerk shall attest to the adoption thereof. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this deve opment project by taking the necessary steps and following the procedures est b ished by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTED t is 7th day of November, 2017 . YOR A 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No . 17-11-07-01 was duly adopted by the City Council of the City of San Juan Capistrano at the Regular meeting thereof, held the th day f November 2017, by the following vote : UNCIL MEMBERS: Reeve, Maryott, Farias and Mayor Ferguson UNCIL MEMBERS: None UNCIL MEMBERS: None UNC IL MEMBERS: Patterson 5