Resolution Number 92-8-18-4127
RESOLUTION NO. 92-8-18-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
GENERAL PLAN AMENDMENT 92-2 FOR A 2.37 ACRE SITE ON
THE NORTHEAST CORNER OF ORTEGA HIGHWAY AND RANCHO
VIEJO ROAD (PLAZA DE LAS GOLONDRINAS/BENNINGHOFF/
EQUITRUST)
WHEREAS, the applicant, Charles F. Benninghoff, III, 400 Benninghoff Law
Building, 31411 Camino Capistrano, San Juan Capistrano, California 92675, has submitted
applications requesting the adoption of an ordinance to amend the Land Use Section of
the General Plan to designate a 2.37 acre parcel at the northeast corner of Ortega
Highway and Rancho Viejo Road to a Special Study (SS) area; and,
WHEREAS, the Environmental Review Board has reviewed the proposed
project in accordance with the provisions of the California Environmental Quality Act
and has determined that the proposed project would not have a significant effect on the
environment and therefore issued a Mitigated Negative Declaration for the project on
May 26, 1992; and,
WHEREAS, the City Council, on April 21, 1992, approved City Council
Resolution No. 92-4-21-2, initiating consideration of an amendment to the Land Use
Element of the General Plan to redesignate the site from Medium Density Residential to
a Special Study (SS) area; and,
WHEREAS, the Planning Commission on July 28, 1992, recommended to the
City Council conditional approval of General Plan Amendment 92-2; and,
WHEREAS, the City council of the City of San Juan Capistrano does hereby
find and determine as follows:
General Plan - The proposed General Plan Amendment designation of
Special Study is in keeping with the intent of the General Plan-
a. The commercial uses and office uses, as defined and incorporated
as part of this resolution attached hereto by reference as Exhibit
A, will not alter the village -like atmosphere of the City.
b. The development constraints and development standards devised
for the site adequately address the development concerns of the
City in terms of land use, archaeology, compatibility with adjacent
residential uses, tree preservation, architectural design and
landscaping and signs. These development constraints and
development standards shall be revised by the applicant and
approved by the Planning Director.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does conditionally approve General Plan Amendment 92-2, (Plaza de
las Golondrinas) with the following conditions,
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1. General Plan Amendment: - The Golondrinas Special District uses shall
be as indicated in Exhibit A. The development of the 2.37 acre site shall
be governed by the development constraints and development standards
as revised by the applicant and approved by the Planning Director.
2. Medical Use Restrictions: - The amount of medical uses shall be
restricted to a total of 4,000 square feet in order to ensure adequate
parking for the project.
PASSED, APPROVED, AND ADOPTED this 18th day
of August ,1992.
ATTEST:
r
Z;—IL JONES, MAYOR
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. 92-8-18-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 18th day
Of August , 1992, by the following vote:
AYES: Councilmen Friess, Harris and Mayor Jones
NOES: Councilman llausdorfer
ABSTAIN: None
ABSENT: Councilman Vasquez
0'hz
(SEAL)
CHERYL JOF04SOWCITY CLERK
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129
CC RESOLUTION NO. 92-8-18-4
EXHIBIT A
PLAZA DE LAS GOLONDRINAS SPECIAL DISTRICT USES
_Permitted Uses For Each Phase of the Proiect:
. General Office Uses: such as, but not limited to attorneys,
certified public accountants, tax services, architects,
bookkeeping, consulting (e.g. psychologist and psychiatrist),
engineers, travel agency, brokers (including real estate,
mortgage, commodities, personal property, stock, securities,
bonds, etc.) real estate (including consulting, developers,
investment, lending, escrow and engineering), employment
agencies, insurance offices and agents services, property
managment services, advertising agencies, communications
(including answering services, cable services), general
contractor's headquarters, graphics services, word
processing, desktop publishing, personnal agencies, welcoming
center and services, visitor center, private investigator,
personal property rental, computer consulting and system
services.
Financial Services: such as, but not limited to financial
institution branches (including banks, savings and loans,
stock brokerages, financial planners).
Small Scale Personal Services and Retail Uses: such as, but
not limited to liquor store, drug store, photography studios,
tailor, interior decorating and design, shoe shine and
repair, florist shop, deli shop, yogurt and ice cream shops,
commercial cleaning, gift shop and gift wrapping, seafood
store, meat market, health food and supplies, general retail
uses not limited to, print shops, appliance and flooring
stores, automotive supplies, furniture store, electronic
goods and supplies (including video rentals), food take out
stores, convenience market. The above uses, with the
exception of the convenience market, shall be no larger than
1,600 square feet per establishment. The convenience market
shall be no larger than 4,500 square feet.
Retail Uses: limited to mobile phone sales and service,
karate studio, computer sales and service, apparel stores,
art and music supplies, craft shops, office supplies, book
store, pet stores, restaurants (no more than 4,500 square
feet including outdoor dining area).
30 I
Outdoor Dining: Restaurants may include outdoor dining areas
provided they are located within areas approved for such use
by the Planning Commission and shown on the approved plans.
Outdoor dining areas shall be counted the same as indoor
dining areas in calculating parking or other similiar code
requirements.
Residential: Residential uses with development standards.
Veterinary Offices and Clinics: veterinary services
(including animal husbandry).
Medical and Dental Offices: such as, but not limited to
chiropractors, medical doctors (including such specialties as
dermatology, diet center, electrolysis, optometrists and eye
glasses, pharmacies, dentist, dental lab, orthodontist)
physical therapy, x-ray and MRI lab, health maintenance
organization, hyno-therapists. All of the above are limited
to no more than 1,600 square feet per establishment. Medical
and dental offices shall be limited to no more than a total
of 4,000 square feet in order to ensure adequate parking for
the project.
Prohibited Uses: The following uses shall be prohibited:
bus, taxicab and railroad stations, bowling lanes, ice and
roller skating rinks, athletic and health clubs, tire,
muffler and brake shops, auto repair shops, service stations,
ambulance services, taxicab services, auto rental and leasing
agencies with on-site vehicle storage.
Accessory Uses: Uses that are customarily incedental to and
a subordinate part of the operation of a permitted principal
or conditional use shall be permitted.
Conditional Uses: The following uses may be permitted
subject to the approval of a Conditional Use Permit:
1. Any permitted use which includes outdoor display,
storage or operations.
2. General retail uses other than those listed above which
the Planning Commission determines are appropriate and
compatible with the intent and purpose of the Special
District (SP).
3. Public and Semi -Public Uses, Religion Related Uses,
Business, Vocational and Professional Schools such as,
but not limited to tutoring services, vocational schools
and institutes.
4. Any small scale personal service and retail use and
medical and dental office exceeding 1,600 square feet.
5. A restaurant exceeding 4,500 square feet, including the
outdoor dining area.
6. A convenience market exceeding 4,500 square feet.
GMR/PLGUSES2