PC Resolution-21-07-14-03PC RESOLUTION NO. 21-07-14-03
CODE AMENDMENT (CA) 21-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE CODE AMENDMENT (CA) 21-003 TO AMEND THE LOS RIOS SPECIFIC
PLAN (SP 78-01) TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT AND
CREATE NEW PERMITTED USES AND DEFINITIONS FOR THE HISTORIC
COMMERCIAL DISTRICT AND CLEAN-UP THE LAND USE DESIGNATION ON THE
CITY-OWNED LOS RIOS PARK PARCEL (ASSESSOR PARCEL NUMBERS 121-160-
15, 17, 18 & 20) (APPLICANT: DOUGLAS D. DUMHART, 3-D ADVISORS, LLC).
Whereas, Douglas D. Dumhart, 3-D Advisors, LLC, 18 Kingfisher Court,
Coto De Caza, CA 92679 (the "Applicant"), has requested approval of Code Amendment
(CA) 21-003 to amend the Los Rios Specific Plan (SP 78-01) (the "Los Rios Specific
Plan") to increase the maximum allowed building height and create new permitted uses
and definitions for the Historic Commercial District and clean-up the land use designation
on the City-owned Los Rios Park parcel, which is General Plan-designated Specific
Plan/Precise Plan (SP/PP) and classified as Specific Plan/Precise Plan (SP/PP) on the
Official Zoning Map and regulated by the Los Rios Specific Plan (the "Project"); and,
Whereas, Zoomars, LLC, located at 31791 Los Rios Street, San Juan
Capistrano, CA 92675, is the owner of real property located at Assessor's Parcel
Numbers 121-160-17 & 20; and,
Whereas, the City of San Juan Capistrano, located at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675, is the owner of real property located at
Assessor's Parcel Numbers 121-160-15 & 18; and,
Whereas, on June 1, 2021, the City Council approved the initiation of and
directed staff to conduct an appropriate study for amendment of the Los Rios Specific
Plan (Code Amendment 21-003) (the "Proposed Land Use Code Amendment"); and,
Whereas, as the Project is currently proposed, the Applicant seeks approval
to amend the Los Rios Specific Plan to modify certain development standards, and staff
is proposing a clean-up amendment; and,
Whereas, the proposed Project is being processed pursuant to Section 9-
2.301, Development Review, of the Land Use Code; and,
Whereas, pursuant to Section 21067 of the Public Resources Code, and,
Section 15367 of the California Environmental Quality Act ("CEQA") Guidelines (Cal.
Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency
for the proposed Project; and,
Whereas, the Design Review Committee (DRC) reviewed the Project
development plans on June 10, 2021 and forwarded a recommendation of approval to
the Planning Commission with three recommendations: (1) Change the roof material to a
PC Resolution 21-07-14-03 2 July 14, 2021
composition shingle roof, (2) add a condition of approval that requires the Applicant to
submit a landscape/hardscape plan for DRC review, and (3) change the roof design over
the north doors to a shed roof; and,
Whereas, the Planning Commission conducted a duly noticed public
hearing on July 14, 2021, 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 has considered
all relevant public comments; and,
Whereas, in accordance with CEQA, the recommended action is exempt
from CEQA per State CEQA Guidelines Section 15303, Class 3(a), "New Construction or
Conversion of Small Structures," and Section 15305 Class 5, "Minor Alterations in Land
Use Limitations". A Notice of Exemption (NOE) will be posted should the Project receive
final approval; and,
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 Section 9-2.309, Code Amendment, of Title 9, Land Use Code of the
City of San Juan Capistrano:
1. The Proposed Land Use Code Amendment conforms with the goals and policies of
the General Plan because it provides for the fulfilment of the General Plan's goals and
policies, including, Land Use Goal 7, which provides, "Enhance and maintain the
character of neighborhoods," and Land Use Policy 7.2, which provides, "Ensure that
new development is compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure." The Proposed Land Use
Code Amendment will allow for an amendment to the Los Rios Specific Plan to modify
certain development standards that would change the maximum allowable building
height, add additional land uses and add a definition for architectural projections that
will conform to Land Use Goal 7. Furthermore, the removal of the Historic Commercial
designation from the City-owned parcel at Los Rios Park and changing it to Park (P)
would maintain compatible neighborhood land use designations.
2. The Proposed Land Use Code Amendment is necessary to implement the General
Plan and to provide for public safety, convenience and/or general welfare because the
proposed amendment achieves the goals and policies of the General Plan for the
reasons listed above.
3. The Proposed Land Use Code Amendment conforms with the intent of the
Development Code and is consistent with all other related provisions thereof because
the Project will comply with the development standards established in the Los Rios
Specific Plan, as amended.
4. The Proposed Land Use Code Amendment is reasonable and beneficial at this time
because the City has received an application to amend the development standards in
the Los Rios Specific Plan, subject to approval of all required entitlements.
Furthermore, the removal of the Historic Commercial designation from the City-owned
parcel at Los Rios Park and changing it to Park (P) would maintain compatible
neighborhood land use designations.
PC Resolution 21-07-14-03 3 July 14. 2021
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends that the City Council
approve Code Amendment (CA) 21-003, amending Page 28 and 29 of the Los Rios
Specific Plan (SP 78-01 ), to read as set forth in Exhibit A; and removing the Historic
Commercial designation from the City-owned parcel at Los Rios Park and changing it to
Park (P) to read as set forth in Exhibit B; attached hereto and incorporated herein by
reference, and determine that no further CEQA review is required.
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 Development Services Director is the custodian of the
record of proceedings.
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.
PASSED, APPROVED AND ADOPTED this 14th day of July 2021 .
Harri on Taylor, C air
Se~CP, Assistant
Services Director/Secretary
Development
EXHIBIT A
Los Rios Specific Plan (SP 78-01) is hereby amended to read as follows:
Page 28 and 29
4. Historic Commercial (HC) District.
a Purpose and Intent:
To provide for low intensity commercial uses that reinforce the rural and historic
character of the Los Rios area.
b. Principal Uses Permitted:
1. Retail sales:
a. and storage of plants and other nursery items;
b. farmers' market items, such as fruits, vegetables and flowers,
provided they are grown on the site;
c. paintings, jewelry, leather goods, pottery and similar items,
provided they are crafted on the site.
2. Non-retail uses such as greenhouse, crop and tree farming and
wholesale nursery.
3. Equestrian-oriented uses and activities, such as feed store and
saddlery shop.
4. Park and recreational uses that are passive in nature, such as
picnicking, arts and craft workshops, outdoor cultural performances.
5. Administrative offices, employee meeting rooms, restrooms, storage
and a caretaker's residential unit.
d. Development Standards:
Structures, permanent or temporary, shall be designed and sited consistent with
the Site Design Standards of this Specific Plan and comply with the following:
1. Minimum lot size:
2. Minimum frontage:
3. Minimum frontyard setback:
15,000 square feet.
60 feet.
(one-story) 10 feet.
(two-story) 20 feet.
4. Minimum sideyard setback: 8 feet one side & 18 feet total.
5. Minimum rearyard setback: 20 feet.
6. Maximum building height: 15 feet. 30 feet.
7. Maximum building area: n/a.
8. Minimum open area: 90%.
9. Architectural projections: Anv nortion of a structure attached to and
extending bevond the exterior face or roof of the structure including, but
not limited to, tower elements, chimneys, steeples, awnings, eaves, or bay
windows shall be considered an architectural projection. Architectural
projections may project into anv required setback or exceed the maximum
building height limit as specified in the applicable provisions of this section.
EXHIBIT B
The Farm Specific Plan (SP 2018-001) is hereby amended to read as follows:
Existing Land Use Designations
Proposed Land Use Designations