Resolution Number 93-9-7-11111
RESOLUTION NO. 93-9-7-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, UPHOLDING THE
APPLICANT'S APPEAL OF ARCHITECTURAL CONTROL 74-5
(MODIFICATION) AND ZONE VARIANCE 93-1; A REQUEST FOR A
BUILDING ADDITION IN THE REQUIRED REAR YARD SETBACK
FOR AN EXISTING RESTAURANT LOCATED AT 31481 CAMINO
CAPISTRANO, SUBJECT TO THE CONDITION THAT THE
APPLICANT PROVIDE A RECIPROCAL ACCESS/PARKING
AGREEMENT (EL MAGUEY)
WHEREAS, the applicant, Enrique Garcia, 31481 Camino Capistrano, San Juan
Capistrano, CA 92675 has submitted an application for approval of an addition and zone
variance for an addition to the existing restaurant for Architectural Control 74-5 and
Zone Variance 93-1; and,
WHEREAS, the Planning Commission approved the elevations, site plan, and
sign program on January 7, 1975 for an addition to the existing Steve's Picnic Drive -In;
and,
' WHEREAS, the proposed expansion is Categorically Exempt, Class 1 which
consists of the repair, maintenance, or minor alteration of private structures. The
proposed encroachment into the rear yard setback is Categorically Exempt, Class 5(a)
which applies to minor alterations in land use limitations which do not result in any
changes in land use or density and include minor setback variances; and,
WHEREAS, a public hearing has been duly noticed and held to receive
testimony on the application; and,
WHEREAS, on July 29, 1993, the Planning Commission adopted Resolution 93-
7-29-2 approving Architectural 74-5 (Modification) and Zone Variance 93-1 subject to the
condition to limit the addition to storage purposes only and requirement for a Reciprocal
Access/Parking Agreement; and,
WHEREAS, the applicant's agent submitted an appeal on August 4, 1993,
regarding the Resolution 93-7-29-2 and the conditions limiting the addition to storage
purposes only and requirement for a Reciprocal Access/Parking Agreement; and,
WHEREAS, a public hearing for the appeal has been duly noticed and held to
receive public testimony.
NOW, THEREFORE, BE IT RESOLVED, that based upon the following findings:
I. The project site which consists of retail, restaurant, and office uses
located on three individual parcels under common ownership.
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2. Development of commercial establishments have been planned,
developed, owned, and managed as a unit with common off-site parking
and access.
3. Based upon the parking analysis prepared by the City, it has been
determined that the number of off-street parking spaces shared by the
various land uses will be adequate to accommodate the proposed building
addition (38 spaces required, 38 provided).
4. If the property owner wants to add additional building square footage to
the existing buildings other than that authorized by this approval (patio
and interior dining area), additional parking spaces may be necessary.
THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby uphold the Applicant's appeal regarding the conditions to limit
the addition to storage area only and the requirement for reciprocal access easements
approving Zone Variance 93-1 and Architectural Control 74-5 (modification) subject to
the following conditions:
1. If Architectural Control 75-4 (modification) expires, this zone variance
shall become null and void.
2. In order to ensure that the project site is maintained as a unit for the
purposes of shared parking and access, the applicant shall record a
Reciprocal Access/Parking Agreement to eliminate separate parcel lines.
3. 250 square feet of the building addition may be used for dining purposes.
PASSED, APPROVED, AND ADOPTED this 7th day
of September , 1993.
10.rGIL JONES, MAYOR
ATTEST:
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