ZA Resolution-19-08-07-01ZA RESOLUTION NO. 19-08-07-01
ARCHITECTURAL CONTROL (AC) 19-007
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A TWELVE MONTH TIME EXTENSION OF
ARCHITECTURAL CONTROL (AC) 15-018 TO ALLOW A REMODEL OF AN
EXISTING 3,508 SQUARE FOOT COMMERCIAL BUILDING INCLUDING THE
ADDITION OF 1,774 SQUARE FEET TO THE FIRST FLOOR AREA AND 2,926
SQUARE FEET TO THE SECOND FLOOR AREA, REDESIGN OF THE PARKING AND
PATIO AREA, DEMOLITION OF 1,116 SQUARE FEET OF THE EXISTING BUILDING
AND REMOVAL OF LANDSCAPING LOCATED AT 31551 CAMINO CAPISTRANO
AND MORE SPECIFICALLY REFERRED TO AS ASSESSOR PARCEL (APN) 121-130-
14.
WHEREAS, Sombra De La Basilica, LLC. is the owner of real property at 31551
Camino Capistrano, described as Assessor's Parcel Number 121-130-14, in the City of
San Juan Capistrano; and,
WHEREAS, Sombra De La Basilica, LLC. has requested a 12-month time
extension for Architectural Control (AC) 15-018 to remodel an existing 3,508 square foot
commercial building including the addition of 1,774 square feet to the first floor area and
2,926 square feet to the second floor area, redesign of the parking and patio area,
demolition of 1, 116 square feet of the existing building and removal of landscaping; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code and reviewed for compliance with the
City's General Plan and the City's adopted Architectural Design Guidelines; and ,
WHEREAS, the Architectural Control for this project would otherwise expire on
June 14, 2019 if not extended by the Zoning Administrator who is authorized by the Title
9, Land use Code to extend such entitlements for twelve months from the original
approval pursuant to Municipal Code Section 9-2.313(e); and,
WHEREAS, the Zoning Administrator of the City of San Juan Capistrano is granted
the authority to approve time extensions pursuant to Municipal Code Section 9-
1.111 (d)(2); and,
WHEREAS, this public hearing was duly noticed in a local newspaper and mailed
to property owners within 500 feet of the subject property; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15301 of the California Environmental Quality Act (CEQA) and issued a Class 1
Categorical Exemption;
WHEREAS, On August 7, 2019 the Zoning Administrator conducted a duly noticed
public hearing pursuant to Section 9-2.302 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City
of San Juan Capistrano does hereby make the following findings:
1. The project applicant has not proposed any changes to the project as approved by
the Planning Commission on June 14, 2016; and,
2. The applicant has demonstrated that issues or circumstances warrant approval of
a time extension. As shown by the applicant, delays in the project were due to a
change in structural engineers to adequately address city requirements; and,
3. The request for a time extension was submitted prior to the expiration of
Architectural Control 18-022 on June 14, 2019; and,
4. The project is consistent with Title 9 of the Municipal Code, specifically, Section 9-
3.316 and the Town Center (TC) zoning district. Further, neitherthe policies of the
City's General Plan Land Use Element nor the provisions of Title 9, Land Use Code
have changed so as to create inconsistencies or non-conformities.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of
the City of San Juan Capistrano grants a time extension of 12-months subject to
conditions of approval set forth in Planning Commission Resolution 16-06-14-01.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that Architectural
Control 19-007 shall expire June 14, 2020 unless the applicant has obtained building
permits and commenced construction.
EFFECTIVE DATE & FINAL APPROVAL: The decision of the Zoning
Administrator shall become final on August 22, 2019 at 5:30pm if an appeal has not been
filed prior to that date and time.
PASSED, APPROVED AND ADOPTED this 7th day of August, 2019.
Charles View, Zoning Administrator