Resolution Number 03-06-17-03RESOLUTION NO. 03-06-17-03
A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING SADDLEBACK VALLEY
CHRISTIAN SCHOOL'S APPEAL OF PLANNING COMMISSION
RESOLUTION 03-02-24-1 RELATING TO AN APPLICATION TO
CONSTRUCT A MULTI-PURPOSE BUILDING
WHEREAS, the Planning Commission adopted Resolution No. 03-02-25-1
conditionally approving an architectural control application to allow the development of a
30,400 square foot multi-purpose building at the location of 26333 Oso Road, San Juan
Capistrano, and
WHEREAS, applicant/appellant Saddleback Valley Christian School has now
filed a timely appeal of the Planning Commission's conditional approval for the multi-
purpose building, and
WHEREAS, the City Council has conducted a hearing on the appeal and
considered all public testimony, the appeal, and staff report document,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL that the subject
appeal be denied under the following terms and conditions and findings:
1 Appellant's appeal is generally denied on the basis that the- dedication
requirements described in conditions 4, 5, 14, 15, and 24 are dedication
requirements which were imposed by past City Council approvals, namely
Resolutions 99-8-3-3, 00-9-5-2, and 01-6-5-5. None of the subject dedication
requirements were formally protested at that time by the property
owner/appellant. Further, the appellant has had the benefit of opening and
operating the school for a period since the imposition of these dedication
requirements.
2. Previous administrative requests have been made on the appellant to comply
with dedication requirements and the appellant has yet to perform on those
conditions and request.
3. Conditions 4, 5, 14, 15, and 24 are hereby modified by deleting these conditions
in their present form and restating them as follows: The dedication requirements
imposed on the appellant by the City Council Resolutions 99-8-3-3, 00-9-5-2, 01-
6-5-5, relating to trail dedication, off-site circulation fair share contributions, off-
site traffic signal and drainage reimbursements obligations, and Oso Road
Widening requirements are previous conditions of approval which must be
satisfied prior to issuance of building permits or grading permits for the multi-
purpose building.
06-17-2003
Conditions 7 is reasonable and appropriate in that the multi-purpose building may
not be constructed without the City Council making a final determination as to
where the permanent trail is to be located.
5. Condition 25 is reasonable in that other affected regulatory agencies having
jurisdiction of Trabuco Creek should be given an opportunity to make input into
the final site plan layout, subject to the following revised language for Condition
of Approval No. 25:
Prior to issuance of any grading or building permit, the applicant shall submit to
the City Engineer and Building Official and to all impacted outside regulatory
agencies (California Department of Fish and Game, Army Corps of Engineers,
Environmental Protection Agency, Federal Emergency Management Agency,
Regional Water Quality Control Board) for their review and shall obtain approval
for a site plan prepared by a Registered Civil Engineer. Should any of the
referenced Agencies object or require modifications to the subject site plan, the
City's approval of the site plan shall be deemed null and void until it is
satisfactorily modified and approved by ail said regulatory agencies. As this
condition also relates to the pending actions of the District Attorney, the
applicant may submit to the Ci ' ty a modirled equestrian trail location plan
for the portion near Oso Road affected by said District Attorneys action.
The modirled trail location will require agreement from the District Attorney
and the City. (Engr.)."
6. The staff report materials are hereby incorporated by reference in support of the
above stated findings.
7. Building and Engineering staff testified that notice was given to the appellant's
representative prior to the hearing that the City Council could elect to proceed
with the appeal hearing on June 17, 2003 regardless, of the staff recommendation
to continue the matter.
The City Council had fully considered the appellant's written appeal arguments in
determining to deny the appeal.
PASSED, APPROVED, AND ADOPTED this 17th day 9June 2003.
ATTEST:
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. CITY CLE
06-17-2003
STATE OF CALIFORNIA
COUNTY OF ORANGE )ss.
CITY OF SAN JUAN CAPISTRANO
1, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing Resolution No. 03-06-17-03 was duly adopted by
the CitX Council of the City of San Juan Capistrano at a regular meeting thereof, held
the 17t day of June 2003, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto and Mayor Gelff
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
R. MONAHAN, City Clerk
3 06-17-2003