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Resolution Number 92-10-6-3&7XAtZo0- #y rhe2Atzte RESOLUTION NO. 92-10-6-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 92-125 FOR A 2.37 -ACRE SITE ON THE NORTHEAST CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO ROAD AND AMENDING RESOLUTION NO. 92-8-18-5 (PLAZA DE LAS GOLONDRINAS/EQUITRUST) 235 WHEREAS, the applicant, Equitrust, 400 Benninghoff Law Building, 31411 Camino Capistrano, San Juan Capistrano, California 92675, has submitted applications requesting the adoption of an ordinance to rezone a 2.37 -acre parcel on the northeast corner of Ortega Highway and Rancho Viejo Road from CO (Office Commercial) to SP (Precise Plan); and, WHEREAS, the Environmental Review Board reviewed the proposed project in accordance with the provisions of the Environmental Quality Act and determined that the 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, adopted 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 approval of Tentative Parcel Map 92-125; and, WHEREAS, the City Council, on August 18, 1992, adopted Resolution No. 92-8-18-5, approving Tentative Parcel Map 92-125; and, WHEREAS, the City Council of the City of San Juan Capistrano does hereby amend Resolution No. 92-8-18-5 and find and determine as follows: 1. That the proposed Tentative Parcel Map is consistent with the goals, policies and objectives of the General Plan. 2. That the design of the proposed four -lot subdivision is consistent with the General Plan. 3. That the site is physically suitable for development and has had three other developments approved for the site, none of which were constructed. 4. That the site is physically suited for the proposed density of development which consists of one one- and three two-story buildings, containing approximately 28,000 square feet of floor space, ancillary parking spaces and landscaping. -1- 5. That the design of the proposed four -lot subdivision and the proposed improvements are not likely to cause substantial environmental damage and hence a mitigated Megative declaration was issued for the project on May 26, 1992, by the Environmental Review Board. 6. That the design of the proposed four -lot subdivision is not likely to cause serious health problems. 7. That the design of the proposed four -lot subdivision will not conflict with easements acquired by the public at large for access through, or the use of, property within the proposed subdivision. 8. That the design of the proposed four -lot subdivision does not interfere with the maintenance or preservation of an historical site. No historical sites are known to exist on this site. 9. The City's General Plan provides for a system of circulation improvements to adequately handle the ultimate build -out traffic demands of the community. The proposed project and related Fair Share cost are consistent with the City's General Plan for Ortega Highway as a Primary Arterial Highway to accommodate traffic demands of future development. 10. Project impacts as identified by the applicant's traffic study exceed the threshold levels identified in the City's Fair Share Policy thus triggering the need to require the applicant to provide their pro -rata share of cost for the future widening of the Ortega Highway to accommodate the traffic demands created by this and other future projects. 11. The County's adopted Master Plan of Arterial Highways incorporates a system of County -wide circulation improvements to accommodate projected future traffic demand. Ortega Highway is identified as a Secondary Highway on the Master Plan of Arterial Highways, improvements required of the applicant are therefore consistent with the County's Master Plan of Arterial Highways. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve Tentative Parcel Map 92-125 (Plaza de las Golondrinas) with the following conditions: TentativeParcel Ma - The following conditions are to be accomplished and approved by the CityEngineer prior to approval of the final parcel map. 1. Submit a parking agreement between all parcels. 2. Submit a bond for constructing left -turn out restrictions (re. median in driveway and signage) for a 3 -year period, and grant the City the ability/right to construct such restriction in the future or whenever necessary for public safety. 3. Developer shall submit the required "Fair Share" deposit to guarantee construction of Ortega Highway, Avenida Los Cerritos to Rancho Viejo -2- 237 Road and east property line to La Novia Avenue, to its ultimate width per City of San Juan Capistrano Master Plan of Highways and Standards in accordance with following requirements: a. "Fair Share" amount shall be $65,700 for Ortega Highway, Los Cerritos to Rancho Viejo Road and $7,560 for Ortega Highway, east property line to La Novia. b. "Fair Share" amount shall be paid by developer at time of issuance of a certificate of occupancy for each individual unit based on its proposed square footage at a rate of $2.62 per square foot up to the total of $73,260. Certificate of occupancy shall be deemed the approval given by the Building Division given in advance of a tenant occupying space within the development and not the developer's completion of the shell buildings. C. At times(s) of certificate of occupancy, as described above, developer will be entitled to a reduction or refund in the "Fair Share" fees if the City acquires an outside funding source (a source that is not considered City generated revenue). The "Fair Share" amount to the development will be reduced on a pro -rata basis of outside funding to City funding. 4. Submit a program to comply with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling prior to issuance of permits. 5. Submit an appropriate storm water pollution control program related to the development's structural and non-structural Best Management Practices in accordance with the requirements of the National Pollutant Discharge Elimination System Program and Clean Water Act of 1990. 6. Construct Ortega Highway to its ultimate 'width as shown on the Tentative Parcel Map. 7. Construct traffic signal modifications at the intersection of Rancho Viejo Road and Ortega Highway required by construction of street improvements in accordance with condition 6 above. 8. Dedicate appropriate easements to the City for emergency and public security ingress and egress purposes. n:2 _1 E ie no_, c s, '. A�..., JI 796 -3- 9. Vehicular access rights relinquished to the City driveway location. ' to Ortega Highway shall be released and of San Juan Capistrano, except at approved PASSED, APPROVED, AND ADOPTED this of October , 1992. ATTEST: -4- ES, KIAYOR 6th day 239 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) [, 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. 92-10-6-3 adopted by the City Council of the Cityy of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of October , 1992, by the following vote: AYES: Councilmen Friess, Harris, and Mayor Jones NOES: Councilman Hausdorfer ABSTAIN: Councilman Vasquez ABSENT: None (SEAL) 2 CHERYL O,, D �,, CITY CLERK -5- A a a 0 Exhk�t A 241 EXMBIT B PLAZA DE LAS GOLONDRWAS SPECIAL DISTRICT USES Permitted Uses For Each Phase of the Proi 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). 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, 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 (the largest of which may be no more than 5,500 square feet including outdoor dining area). The convenience market shall be no larger than 4,500 square feet. 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). Y 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. Medical and dental offices shall be limited to no more than a total of 17,000 square feet in order to ensure adequate parking for the project. 2421 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: 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. Restaurants exceeding 5,500 square feet, including the outdoor dining area. 5. Medical and dental uses which exceed the 17,000 square feet maximum permitted. 6. A convenience market exceeding 4,500 square feet.