PC Resolution-21-03-09-02PC RESOLUTION NO. 21-03-09-02 CODE AMENDMENT (CA) 20-005
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 20-005 AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A
REQUEST TO AMEND THE FARM MARKET (FM) DISTRICT STANDARDS TO EXPAND THE ALLOWABLE USES FOR PROPERTY LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NUMBER 121-182-61) (APPLICANT: PHILLIP SCHWARTZE, THE PRS GROUP)
Whereas, Phillip Schwartze of The PRS Group, 6431 Lago Grande Drive,
Bonsall, CA 92003, has requested approval of CA 20-005 to add educational uses and recreational uses as permitted by right uses for property at 32382 Del Obispo Street (APN 121-182-61). The subject property, generally located on the east side of Del Obispo Street and north of Camino Del Avion, has a General Plan Land Use Designation of Agri-
Business and a Zoning Designation of Farm Market (FM) district; and,
Whereas, Vermeulen Ranch, LLC are owners of real property located at 32382 Del Obispo Street (APN 121-182-61); 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 project is categorically exempt from further review per State CEQA Guidelines (Cal. Code
Regs., § 15000 et seq.). The whole of the Project is exempt, because the code
amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Project is exempt because the code amendment is not a "project" as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change
to the environment (§ 15060(c)(3). A Notice of Exemption (NOE) will 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 15074 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 March 9, 2021, 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, Whereas, the Planning Commission recommends that the City Council
PC Resolution 21-03-09-02 2 March 9, 2021
approve of Code Amendment (CA) 20-005 with recreation uses limited to exercise/fitness studios and other similar uses not exceeding 3,000 square feet in floor area.
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 (Cal. Code Regs., § 15000 et seq.).
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 Vermeulen Ranch center by adding
uses that are compatible with the existing land uses, generate sales tax revenue by increasing the ability of the center to attract new users through the expanded uses, 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 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 Vermeulen Ranch center to attract new users that could provide a convenience to the public while remaining compatible
with the surrounding uses.
(3) The proposed Land Use Code amendment conforms with the intent of the Development Code because one of the stated purposes of Farm Market (FM) district is to provide retail facilities which are oriented to and supportive of the
agricultural operation of which they are geographically a part. The expansion of
allowable would allow the Vermeulen Ranch center to attract uses similar to those currently allowed within the FM zoning district. (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 is reasonable in that they conform to the General Plan and to the purpose and intent of the FM zoning district.