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PC Resolution-19-10-22-03PC RESOLUTION NO. 19-10-22-03 CODE AMENDMENT (CA) 19-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVE OF CODE AMENDMENT 19-001 AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01, SECTOR A-1, TO EXPAND THE ALLOWABLE USES AND TO ESTABLISH NEW PARKING STANDARDS AT 27184 ORTEGA HIGHWAY (APN 666-241-08) (APPLICANT: CAPO OAKS, LLC) Whereas, Terry Keenen of Capo Oaks, LLC, 27184 Ortega Highway #103, San Juan Capistrano, CA 92675, has requested approval of CA 19-001 to expand the allowable uses within Sector A-1 (APN 666-241-08 and 666-241-09) and to establish new parking standards for The Capistrano Collection commercial center located at 27184 Ortega Highway (APN: 666-241-08). The subject properties (APN 666-241-08 and 666- 241-09), generally located on the south side of Ortega Highway and west of Rancho Viejo Road, has a General Plan Land Use Designation of General Commercial and a Zoning Designation of Planned Community; and, Whereas, Capo Oaks, LLC and 27184 Ortega, LLC are the owners of real property located at 27184 Ortega Highway (APN: 666~241-08); and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301 , Development Review of the Land Use Code; and, Whereas, the City's Environmental Administrator has determined that the entire project is categorically exempt from further review under Section 15301 Existing Facilities (Class 1 ). The entire project is exempt under Section 15301 because this exemption allows the negligible expansion of an existing use. A Notice of Exemption (NOE) would be filed with the County Recorder's Office within 5 days should the project receive final approval; and , Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 1507 4 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on October 22, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public testimony on the proposed project and has considered all relevant public comments and all documents and evidence submitted, including but not limited to the staff report and attachments, and materials submitted by the applicant; and, PC Resolution 19-10-22-03 2 October 22. 2019 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the entire project is Categorically Exempt from further review under the California Environmental Quality Act per State CEQA Guidelines Section 15301 Existing Facilities (Class 1 ). The parcels that are developed with the Forster Mansion (APN 666-241-09) and The Capistrano Collection commercial center (APN 666-241-08) have a General Plan Land Use designation of General Commercial, which is intended to serve a community-wide area and population and generally include professional and business offices, retail and commercial services, public facilities, and other uses that are determined to be compatible with primary uses. The proposed uses are consistent with the General Commercial Land Use Designation, are consistent with uses currently permitted within Sector A-1 of CDP 78-1, consistent with the existing uses operating within the Sector, and consistent within the city's commercial zoning districts. The proposed additional uses consist of retail uses (Pet stores) and service commercial uses (financial services, recreation arid leisure uses, schools, and massage therapy) that are substantially similar to the existing uses which consist of retail, medical/dental offices, and service commercial uses. Therefore, the proposed uses represent a negligible expansion of existing uses. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by, Subsection (e) of Section 9-2.309, Amendment of the Land Use Code of Title 9, Land Use Code of the City of San Juan Capistrano: ( 1) The proposed Land Use Code amendment conforms with General Plan Land Use Goal 1, Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities, and Land Use Goal 6, Enhance or redevelop underperforming commercial centers, because the amendment will diversify the land use composition, enhance the performance of The Capistrano Collection commercial center by adding commercial uses that are compatible with the existing land uses, generate sales tax revenue by increasing the ability of the commercial center to attract new commercial users through the expanded uses and establishment of new parking standards, and ensuring each proposed use remains compatible with the existing and future land uses and character of the City, as well as ensuring adequate public facilities and services. (2) The amendment is necessary to implement the General Plan and to provide public convenience because the expansion of the allowable uses and establishment of new parking standards would implement General Plan Land Use Goal 1, Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities, and Land Use Goal 6, Enhance or redevelop underperforming commercial centers, and would provide for public convenience by increasing the ability of the two commercial properties to attract new commercial users that could provide a convenience to the public while remaining compatible with the surrounding uses. PC Resolution 19-10-22-03 3 October 22. 2019 (3) The proposed Land Use Code amendment conforms with the intent of the Development Code because the purpose of Sector A-1 is to create a high quality planned commercial development that provides a broad range of retail uses, and service commercial uses in accordance with the Comprehensive Development Plan, PC District regulations, and General Plan. The expansion of allowable uses and the establishment of new parking standards would allow the two commercial properties to attract commercial uses similar to those currently allowed within Sector A-1 of CDP 78-1. (4) The proposed Land Use Code amendment is reasonable and beneficial at this time because it encourages orderly development. Furthermore, the proposed expansion of uses and establishment of new parking standards are reasonable in that they conform to the General Plan and to the purpose and intent of Sector A-1 of CDP 78-1. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends that the City Council of the City of San Juan Capistrano adopt amendments to the Ortega Planned Community Comprehensive Development Plan (CDP) 78-01 , amending the use set forth therein and to establish new parking requirements for property at 27184 Ortega Highway (APN 66- 241-08), as more specifically set forth in Exhibit A, attached hereto and incorporated herein. · 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 development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. Howard Ha , Sergio ~. Assistant Development Services Director/Secretary City of San Juan Capistrano" Ortega Planned Community I. Planning Sector A-1 A. Purpose and Intent: The purpose and intent of these regulations is to create a high quality planned commercial development that provides for a broad range of retail uses, and service commercial uses in accordance with the Comprehensive Development Plan, PC District Regulations, and General Plan. B. Principle Uses Permitted: 1. General retnil, including the retail sale of furniture, home appliances hardware, paint, floor and wall coverings, auto parts and supplies, bicycles, sporting goods, hobby supplies, apparel, fabrics, jewelry, cosmetics and pharmaceutical, stationery, flowers, candy, baked goods, liquor, newspapers, magazines, and similar uses. 2. Commercial services, including home appliance repair, bicycle repair, cleaning and dyeing agencies, laundromats, barber and beauty shops, tailor shops, art and photography studios, printing and reproduction services (excluding newspaper or other publishing), travel agencies, and similar uses. 3. Food and lodging uses including hotels and motels, restaurants (except drive-in or drive-thru), ice cream parlors, delicatessens, cocktail lounges, taverns, and small scale grocery, meat or liquor not to exceed a maximum of 5,000 square feet. 4. Business offices incidental to the operation of a permitted use. 5. Caretaker residence as an ancillary to a permitted use. 6. General office uses including, but not limited to, attorneys, bookkeeping, consulting (i.e., psychologist and psychiatrist), engineers, travel agency, brokers (including real estate, mortgage, commodities, personal property, stock securities, bonds, etc.), real estate (including consulting, developers, investment, lending, and escrow), employment agencies, insurance office and agent services, property management services, advertising agencies, communications (including answering services, cable services) general contractor's headquarters, graphic services, word processing, desktop publishing, mailing and postal services, personnel agencies, welcoming center and services, visitor center, private investigator, personal property rental, and computer consulting and system services. 7. Medical and dental offices, including but not limited to, medical doctors, dentists, orthodontists, physical therapists, x-ray/MRI labs, health maintenance organization, chiropractors, etc. 8. Senior apartments. 9. Single-family residence (location per area plan) In addition to the principal uses listed above, the following uses are only permitted for property at 27184 Ortega Highway (APN: 666-241-08) and 27182 Ortega Highway (666-241-09) 10. Financial Services to include banks, savings and loan associations, credit unions and similar uses. Excludes check cashing facilities. 11. Pet Stores including grooming, pet food, pet merchandise and similar uses. 12. Recreation and Leisure uses without outdoor facilities including athletic/health clubs, fitness training, commercial recreation and similar uses. Excludes bowling lanes, ice and roller skating rinks, and theaters. 13. Schools (business vocational, professional schools not requiring outdoor facilities) to also include secretarial, art/dance, drama, music schools and similar uses. Excludes swimming schools, preschools, and public and private primary and secondary schools. 14. Public Buildings and Facilities including museums, libraries, governmental buildings, parks, public utility offices and exchanges, bus, taxicab, railroad stations, tourist information centers, police stations and fire stations. C. Conditional Uses: 1. 2. 3. 4. 5. Veterinary offices and clinics. Cabarets and nightclubs. Dancing and live entertainment. Interior decorator's office. Commercial center EXHIBIT A City of San Juan Capistrano 2 Ortega Planned Community In addition to the conditional uses listed above, the following use is only permitted for property at 27184 Ortega Highway (APN: 666-241-08) and 27182 Ortega Highway (666-241-09) 6. Massage Therapy as defined in Section 5-24.02 of the San Juan Capistrano Municipal Code D. Area Plan Requirements: Prior to the approval of any development application, an Area Plan shall be submitted to the Planning Commission. Furthermore, the Area Plan shall be approved by the Planning Commission for the entire Planning Sector in which a proposed project is located. The Area Plan for the planning sector shall include the following: E. 1. A Conceptual Site Plan indicating the general pattern and location of building sites, parking areas, streets, pedestrian access, open space, and landscaping. 2. A Conceptual Grading Plan indicating the general quantity, depth, and extent of the proposed grading, in relation to the existing contours and areas to remain in their natural state. 3. Architectural Design Concepts indicating the general building architecture, form, scale, materials, colors, textures, outdoor lighting, and graphics. 4. A Conceptual Landscape Plan indicating the general pattern and location of landscape areas, and the types of plant materials. The above shall be subject to Section 9-2.306 (Design Review for nonresidential projects or residential projects with a gross density acre or more) of Title 9 of the San Juan Capistrano Land Use Municipal Code. Development Standards: 1. 2. 3. 4. 5. 6. 7. Min. Lot Size: Min. building setbacks: Max. building height: Min. open area width: Min. landscaped area: Parking screening: Parking Reguirements: 7,200 square feet. 30 feet adjoining Ortega Highway, La Navia Avenue, Rancho Viejo Road, and Calle Arroyo. 35 feet and/or two-stories; and, 16 feet for structures within 50 feet of Ortega Highway, La Navia Avenue, or Calle Arroyo. 30 feet adjacent to Ortega Highway, La Navia, Rancho Viejo Road, and Calle Arroyo. 10 square feet of landscaping for every 100 square feet of parking. Parking shall be landscaped, using linear or grouped masses of shrubs and trees, so as to screen the areas from adjacent public streets views. Parking shall be provided in accordance with the provisions of Article 6 (Supplemental District Regulations) of Title 9 of the San Juan Capistrano Municipal Code. The follo wing parking requirements only apply to property at 27184 Ortega Highway (APN: 666-241-08) • General retail: 1.0 off-street parking space per each 325 square feet of gross floor area • General office: 2. 7 off-street parking spaces per 1, 000 square feet of gross floor area • Health studio, spa, and athletic clubs: 1. 0 off-street parking space per 200 square feet of gross floor area • Restaurants, cafes, taverns, and cocktail lounges: 1.0 off- street parking space per each 50 square feet of dining or drinking area, but not less than 8.0 off-street parking spaces per each such use (excludes area devoted to restrooms, kitchens, storage, and equipment areas) City of San Juan Capistrano 3 Ortega Planned Community • Beauty Salon: 2.5 off-street parking spaces per beautician station, but not less than 6.0 per each such use • Medical and dental offices: 1.0 off-street parking space per each 250 square feet of gross floor area NOTE: Text provided in black represent the existing development regulations. Text provided in red italics represent the proposed amendment to the Comprehensive Development Plan.