Resolution Number 99-9-21-1373
RESOLUTION NO. 99-9-21-1
DENYING APPEAL - CALVARY CHAPEL
(ARCHITECTURAL CONTROL 99-2/CONDITIONAL USE PERMIT 99-4)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING AN APPEAL AND AFFIRMING
THE PLANNING COMMISSION'S ACTION OF JULY 27, 1999,
CONDITIONALLY APPROVING CALVARY CHAPEL'S REQUEST TO
RELOCATE AND CONSOLIDATE ITS EXISTING MEETING AREAS
WITHIN THE ORTEGA VILLAGE SHOPPING CENTER INTO TWO NEW
BUILDINGS LOCATED ON BUILDING PADS TWO AND THREE OF THE
ORTEGA BUSINESS CENTER, LOCATED ATTHE SOUTHEAST CORNER
OF ORTEGA HIGHWAY AND RANCHO VIEJO ROAD (CALVARY CHAPEL)
WHEREAS, the applicant, Calvary Chapel, 31654 Rancho Viejo Road, San
Juan Capistrano, has requested approval of a proposal to relocate and consolidate its
existing meeting areas within the Ortega Village center into two new buildings located on
building pads two and three of the Ortega Village Center, located at the southeast corner
of Ortega Highway and Rancho Viejo Road. The site is within the Planned Community
Zone District and -is designated 5.0 (Public and Institutional Uses) on the General Plan
Map; and,
WHEREAS, this proposal has been reviewed in accordance with the
California Environmental Quality (CEQA, 1970). On July 6, 1999 the Environmental
Administrator issued a mitigated negative declaration. All mitigation measures are included
in the Planning Commission resolution approving the proposed project; and,
WHEREAS, on July 27, 1999, the Planning Commission held a duly noticed
public hearing to consider testimony both in favor of and opposition to, the applicant's
proposal and adopted Planning Commission Resolution 99-7-27-2, approving Conditional
Use Permit 99-4 and Architectural Control 99-2; and,
WHEREAS, on August 10, 1999, the appellant, Thomas Merrell, 31726
Rancho Viejo Road, Suite 223, San Juan Capistrano, CA 92675, filed an appeal of the
approval of the Planning Commission's approval of the Calvary Chapel's new facilities.
The appellant contends that these uses will detract from the commercial and retail
environment, block views of the center from Ortega Highway and contribute to parking
congestion within the center; and,
WHEREAS, on September 21, 1999, the City Council held a duly noticed
public hearing to consider testimony both in favor of and opposition to, the appellant's
appeal of the Planning Commission's approval of Conditional Use Permit 99-4 and
Architectural Control 99-2.
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374
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby find that:
The Ortega Business Center is a mixed use center with a combination of
retail, restaurant and professional office space. The project site is located
below Ortega Highway, and is screened by the existing landscaping. These
factors limit recognition of existing business from adjacent roadways.
Primary identification of the site is provided by signs located at the
intersection of Ortega Highway and Rancho Viejo Road, and the Ortega
Highway Entrance. These signs will not be affected by Calvary Chapel's
proposal.
The consolidation of the Church facilities in the northwest corner of the site,
away from existing businesses and offices will de-emphasize the presence
of the church by increasing the physical separation between the church and
existing uses.
3. The Ortega Business Center has 660 parking stalls. Of these, 154 stalls are
assigned to the subject building pads (pads K and L). Section 9-3.602
Parking of the City's Land Use Code requires one stall for each three seats
within a sanctuary. The proposed church would have 862 seats and would
therefore be required to provide parking for 287 vehicles, resulting in a
shortfall of 133 stalls.
A parking demand study prepared by Austin Foust Associates (Austin Foust
Parking Study, June 28, 1999) for this proposal analyzed existing parking
demand throughout the week, as well as parking demand for the existing
Calvary Chapel facilities. The study concludes that, because of differing
peak hours, adequate parking is available on-site to accommodate both the
existing uses and the proposed church facilities. The study does
recommend however, that the church formulate a parking management plan
to direct patrons to appropriate parking areas and away from the parking
areas adjacent to existing businesses. This recommendation was included
as a mitigation measure in Planning Commission Resolution 99-7-27-2.
4. The proposed relocation of the church facilities will decrease direct contact
between the proposed church and other commercial/office tenants of the
center thereby reducing potential conflicts.
5. The proposed Calvary Chapel Facility and the existing uses within the Ortega
Business Center have different peak hours of use. The proposed church will
be used most heavily on Saturday and Sunday, with some night time use
during the weekdays for adult bible study classes and various meetings.
Existing uses within the Ortega Business Center include commercial office
space and retail uses and restaurants. The Calvary Chapel will have
different peak use times (Saturday and Sunday mornings) as opposed to the
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_ peak use times of the other uses within the center which typically have peak
use times during conventional business hours (8:00 a.m. - 5:00 p.m.
weekdays). Additionally, the existing and proposed uses are limited primarily
to indoor activities which would not conflict with adjacent uses. This has
been demonstrated by the Calvary Chapel's five year presence within
existing lease space in the Ortega Business Center.
6. It is the responsibility of the institution to evaluate future needs. Calvary
Chapel, by virtue of its commitment to purchase land and construct the
proposed buildings, has demonstrated a belief that the proposed site will
accommodate its current and future needs.
NOW THEREFORE, BE IT FURTHER RESOLVED, that the City Council
does hereby deny the subject appeal and affirms the Planning Commission's action of
July 27, 1999 conditionally approving Calvary Chapel's proposal to relocate and
consolidate its existing meeting areas within the Ortega Village Center.
PASSED, APPROVED, AND ADOPTED this
September 1999.
ATTEST:
CITY CLERK/
J HN GREINER, MAY R
-3-
21st
day of
375
376
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 99-9-21-1 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 21st day of
September , 1999, by the following vote:
AYES: Council Members Jones, Hart, Campbell and
Mayor Greiner
NOES: Council Member Swerdlin
ABSTAIN: None
ABSENT: None
(SEAL) (2
vN�
CHERYL JOHNS ,C CLERK
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