ZA Resolution-24-03-06-01ZA RESOLUTION NO. 24-03-06-01
ARCHITECTURAL CONTROL (AC) 17-031, GRADING PLAN MODIFICATION (GPM)
18-008, AND FLOODPLAIN LAND USE PERMIT (FP) 18-002
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A TWELVE-MONTH TIME EXTENSION
OF ENTITLEMENTS GRANTED VIA PLANNING COMMISSION RESOLUTION NO. 19-
1-22-06 AND CITY COUNCIL RESOLUTION NO. 19-02-19-01 AND CONFIRMING
ISSUANCE OF A CATEGORICAL EXEMPTION. THE PROJECT APPROVALS
ALLOW FOR THE RELOCATION AND RECONFIGURATION OF AN EXISTING
DRIVING RANGE AND GOLF HOLES, WHICH INCLUDES A NEW PARKING LOT, A
NEW ANCILLARY STRUCTURE, NEW LANDSCAPING, SITE GRADING AND THE
INSTALLATION OF A NEW SAFETY NET ON PROPERTY WHICH IS LOCATED
WITHIN A FLOOD ZONE AT 32120 SAN JUAN CREEK ROAD (APN: 666-011-21, 27
& 28).
Whereas, Robert Harding has requested a twelve-month extension of
entitlements which were previously granted via Planning Commission and City Council
approval for the relocation and reconfiguration of an existing driving range and golf holes,
which also entails a new parking lot, a new ancillary structure, new landscaping, site
grading, and a new 50'-80' tall safety net all within a Flood Zone located at 32120
SanJuan Creek Road (APN: 666-011-21, 27 & 28) and,
Whereas, the subject property, which spans the north and south sides of
San Juan Creek Road, has a General Plan Land Use Designation of Open Space
Recreation and a Zoning Designation of Open Space Recreation (OSR); and,
Whereas, Roberto Brutocao is owner in fee of the Property; and,
Whereas, the proposed project at the existing golf course has been
processed pursuant to Section 9-2.301 , Development Review of the Land Use Code; and,
Whereas, the Grading Plan Modification, Architectural
Control and Floodplain land use permit approvals for this project would otherwise expire
on February 14, 2024, 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 Sections 9-2.323(9), 9-2.321 (f), and 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 1,000 feet of the subject property; and
ZA Resolution 24-03-06-01 2 March 6 2024
Whereas, The City's Environmental Administrator has determined that the
entire project is categorically exempt from further review under State CEQA Guidelines,
section 15301 (Existing Facilities) and
Whereas, the Zoning Administrator 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 Zoning Administrator conducted a duly-noticed public hearing
on March 6, 2024, 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,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano does hereby make the following finding
as established by Subsection (e) of Section 9-2.313, Architectural control review of Title
9, Land Use Code of the City of San Juan Capistrano:
1. The project plans remain in substantial conformance with the entitlement plans;
additionally, the original conditions of approval used for the approval of the original
application remain valid.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano does hereby make the following finding
as established by Subsection (f) of Section 9-2.321, Floodplain land use permit of Title 9,
Land Use Code of the City of San Juan Capistrano:
1. The project plans remain in substantial conformance with the entitlement plans;
additionally, all original findings and conditions of approval used for the approval
of the original application remain valid.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano does hereby make the following finding
as established by Subsection (g) of Section 9-2.323, Grading Plan Modification of Title 9,
Land Use Code of the City of San Juan Capistrano:
1 . Notification of the time extension request was provided in the same manner as the
original application; additionally, the findings and conditions of approval used for
the approval of the original application remain unchanged.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano grants a 12-month time extension of
approvals granted via City Council Resolution 19-02-19-01, subject to those conditions of
approval established by the Resolution.
ZA Resolution 24-03-06-01 3 March 6 2024
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 pm, Thursday, March 21,
2024. This project approval shall be valid for a period of 12 months from the expiration
date of PC Resolution No. 19-1-22-06 and CC Resolution No. 19-02-19-01, and shall
expire on February 14, 2025, unless building permit approved construction or use of the
property authorized by this discretionary approval has commenced prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reseNations 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 6th day of March 2024.
Paul Garcia, Principal Planner/Secretary