Resolution Number 06-02-21-04' RESOLUTION NO. 06-02-21- 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP TO
CREATE 2 LOTS ON 4 ACRES LOCATED WEST OF DOHENY PARK
ROAD 650 FEET NORTH OF VICTORIA BOULEVARD (ASSESSOR'S
PARCEL NUMBERS 121-254-26, 37) (TPM 05-230)( PACIFIC CASTLE
INTERNATIONAL, INC)
WHEREAS, the applicant, AKO Engineering, Inc., requests approval of a tentative
parcel map to subdivide four acres into two lots within an existing shopping center. The
property is currently developed with retail buildings (PetsMart and Staples) and the
proposed tentative parcel map will not result in any physical changes to footprint of the
existing commercial buildings. The property has a General Plan designation of "QI"
(Quasi -Industrial), and has a Zoning Designation of "PC" (Planned Community), has an
adopted SDP (Specific Development Plan) 87-01 (Price Club/ Costco Center); and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.345,
Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project under the
California Environmental Quality Act and determined the projectto be categorically exempt
' pursuant to Section 15315 of the CEQA Guidelines, has issued a Notice of Exemption
pursuant to Section 15070 of those guidelines, and has otherwise complied with all
applicable provisions of the California Environmental Quality Act (1970); and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing on
November 8, 2005 and November 22, 2005 and December 13, 2005 pursuant to the
provisions of Section 9-2.335 of the Title 9, Land Use Code, Administrative Policy409, and
Planning Department Policy 510 to consider public testimony and adopted Resolution 05-
12-13-1 recommending approval of the project as conditioned.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
The proposed tentative parcel map is consistent with the applicable General Plan
and Specific Plans because the property has a General Plan designation of Quasi
Industrial which allows limited regional and sub -regional commercial activities and is
zoned Planned Community (PC) Specific Development Plan (SDP) 87-01 (Price
Club/ Costco Center). The proposed tentative parcel map is consistent with the
General Plan because the commercial center is existing and is a permitted use and
the proposed subdivision will not affect the existing uses.
2. The design or proposed improvements of the proposed project are consistent with
' the applicable General Plan and Specific Plans because the proposed subdivision
will result in the creation of two legal lots for existing commercial buildings which
have existing and approved improvements with respect to utilities and access.
Page 1 of 2 02-21-2006
The site is physically suitable for the type of development because the site is
currently developed with two commercial buildings and the buildings will remain in
place and will not be modified by this subdivision.
4. The site is physically suitable for the proposed density of development because the
site is developed with commercial buildings and associated improvements including
access and utilities as required by Specific Development Plan (SDP) 87-01.
5. The design of the subdivision and the improvements are not likely to cause
substantial environmental damage or substantially and avoidable injure fish or
wildlife or their habitat because the design of the proposed subdivision will result in
the creation of a lot subdivision which has two existing commercial buildings thatwill
remain in place and will not be modified by this subdivision. The site is bordered by
commercial development to the soutn and to the north, San Juan Creek to the west,
and Doheny Park Road to the east, and because the project will not result in
physical changes to the site, the project will not create the potential to adversely
affect off-site fish or wildlife habitat.
6. The design of the subdivision or the type of improvements are not likely to cause
serious public health problems because the two existing commercial buildings are
similar to and compatible with adjacent commercial development to the north and
south of the project site, and all required codes and conditions to protect public
health have been met on the site.
7. The design of the subdivision or the type of improvements will not conflict with
easements acquired by the public at large for access through, or the use of,
property within the proposed subdivision because the access driveway is privately
maintained by the commercial center and all easements have been noted on the
tentative parcel map.
8. The design of the subdivision or improvements will not interfere with the
maintenance or preservation of an historical site because the proposed project does
not include any historic sites. The commercial center is existing and the commercial
buildings will remain in place and will not be modified by this subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED, thatthe City Council of the City
of San Juan Capistrano hereby approves the project subject to the conditions of approval
established by Exhibit A, attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 21st day of February, 2006.
DAVID'SW5RDLIN, MAYOR
02-21-2006
STATE OF CALIFORNIA )
'COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
L
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 06-02-21-04 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 21 st day of February 2006, by
the following vote:
AYES:
COUNCIL MEMBERS:
Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNCIL MEMBER:
None
ARG RET R. MONAHAN, City Clerk
R 06-02-21-04 02-21-06