Resolution Number 90-6-19-4325
RESOLUTION NO. 90-6-19-4
APPROVING ZONE VARIANCE 89-18 - FRANCISCAN PLAZA (FARBER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING ZONE VARIANCE
89-18 (FRANCISCAN PLAZA II/FARBER)
WHEREAS, the applicant, Franciscan Plaza Investment Group, 31831 Camino
Capistrano, San Juan Capistrano, has submitted an application for a zone variance to
allow: 1) a 32 -foot high structure, with one element projecting to 33 feet, within the
Tourist Commercial zone, which allows a maximum overall height of 25 feet; and, 2)
three stories instead of the maximum two stories. This application has been made in
conjunction with Architectural Control 88-18; and,
WHEREAS, the City's Environmental Review Board has determined that the
proposed project will not have a significant effect on the environment, has accordingly
issued a negative declaration for the project, and has otherwise carried out all
requirements of the California Environmental Quality Act; and,
WHEREAS, the City's Architectural Board of Review has reviewed the project
and has recommended approval of the zone variance with the attachment of an Advisory
Motion to the Planning Commission which states: "The Board's decision to recommend
approval of the height variance is based purely on the specifics of this site and proximity
to the parking structure in the rear, and it does not necessarily indicate the Board's
desire that any future development on the adjacent sites have corresponding heights at
the rear;" and,
WHEREAS, the City's Planning Commission has reviewed and denied the
request for the zone variance for lack of adequate justification for three of the four
mandatory findings; and,
WHEREAS, the applicant has appealed the Planning Commission action to the
City Council for further review; and,
WHEREAS, a public hearing has been duly noticed and held to receive public
testimony on the application; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and
determines as follows:
1. There are special circumstances applicable to the property in question
which do not apply generally to other properties in the neighborhood.
The subject property slopes down and away from Camino Capistrano
approximately nine (9) feet as it progresses to the west.
The significant scale and mass of the built environment surrounding the
project site creates a special circumstance unique to this property.
2. The variance is necessary for the preservation and enjoyment of
privileges enjoyed by other properties in the vicinity and under the
identical zoning classification. This property is surrounded by structures
within the immediate vicinity which all have prominent scale, including
the Provincial Building, the new parking structure, the Oyharzabal
structure, and the Franciscan Plaza, Phase 1.
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Further, the Franciscan Plaza Phase I has recently been granted a
variance in height from the allowed 25 feet to the existing 32 feet.
3. The project for which this variance is being requested is not anticipated
to be materially detrimental to the public welfare nor injurious to
properties or improvements in the area. Precautions to the views from
and privacy of the adjacent Oyharzabal property were incorporated, such —.
as increased architectural character, false windows, and site activity
orientation away from said property. In addition, the proposed
development has been designed to enhance the pedestrian circulation of
the downtown area, and is comprised of uses which will be harmonious to
those existing.
4. The granting of the variance is consistent with the goals, objectives, and
policies of the General Plan. Although the General Plan states that
developments within the downtown area should be developed no higher
than two (2) stories, the intent is stated to ensure that no new
development overshadows the existing heritage. The proposed
Franciscan Plaza II is not anticipated to overshadow the area's historical
structures due to its incorporation into the slope, its continuity in scale
with existing surrounding structures, its location behind the existing Juan
Avila Adobe, and its set -back from Camino Capistrano (140 feet at the
element which is 8 feet above code, 67 feet for the roof line 7 feet above
code). In addition, the proposed development will restore the heritage of
the Juan Avila Adobe back to its 1887 appearance, which has been
significantly lost due to previous renovations.
The adjacent three-story Provincial Building is not anticipated to be
overshadowed due to its unique form, scale, and presence on Camino
Capistrano, as with the Oyharzabal Structure to the south. the overall
project is designed to be complimentary with the downtown heritage. In
addition, the proposed development is not anticipated to compete in
height and scale with the Mission as it is set back 67 feet from Camino
Capistrano, and situated behind the historical Juan Avila Adobe which
will be restored to its nine foot taller 1887 height as part of this
approval.
NOW, THEREFORE, BE IT RESOLVED, that based upon the above findings, the
City Council of the City of San Juan Capistrano does hereby approve the negative
declaration and does hereby approve Zone Variance 89-18.
PASSED, APPROVED, AND ADOPTED this 19th day of June, 1990.
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, GEORGE SCARBOROUGH, Acting 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. 90-6-19-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 19th day of June, 1990,
by the following vote:
AYES: Councilmen Schwartze, Buchheim, Bland, and
Mayor Hausdorfer
NOES: Councilman Friess
ABSTAIN: None
ABSENT: None
(SEAL)
(—
PR�DRV;E S ROUGH, ACTING CITY CLERK
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