Resolution Number 79-8-15-1RESOLUTION NO. 79-8-15-1
A.C. 79-7 AND ZONE VARIANCE 79-7
(BUSINESS PROPERTIES INC./ALPHA BETA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING: ARCHITECTURAL CONTROL 79-7 FOR A
MASTER PLAN OF A SHOPPING CENTER; AND ZONE
VARIANCE 79-7 IN THE REAR YARD SETBACK FROM 25
FEET TO 10 FEET
WHEREAS, the applicant Philip Whitener, c/o Collins/
Diversified, 270 South Bristol, Suite 201, Costa Mesa, California,
has submitted an application for architectural control for a
master planned shopping center, and a zone variance for a reduction
in the rear yard setback from 25 feet to 10 feet; and,
WHEREAS, the City's Environmental Review Board has
reviewed the project and has determined that the overall project
submittal may have a significant impact on the environment and
has caused a focus Environmental Impact Report to be prepared,
and has otherwise carried out all applicable requirements of the
California Environmental Quality Act; and,
WHEREAS, the Planning Commission reviewed the applications
at the regular meeting of April 10, 1979, and has submitted a
report recommending approval subject to conditions; and,
WHEREAS, a public hearing has been duly advertised and
held to review and receive public testimony on the application.
NOW, THEREFORE, BE IT RESOLVED, that based upon the
following findings relative to the Architectural Control application:
1. That the project is consistent with the goals,
policies, and objectives of the General Plan.
2. That the Planning Commission, at their April 10,
1979, meeting, has approved the project as recommended
by the Architectural Board of Review; and,
the following findings relative to the zone variance
application:
1. There are special circumstances applicable to the
property in order to master plan the entire commercial
center as to avoid encroachment on existing easements,
specific design constraints were placed upon the
project which preclude the applicant from meeting
several development requirements of Ordinance No.
293.
' 2. That the variance is necessary for the preservation
and and enjoyment of a privilege enjoyed by other
properties in the vicinity and under identical
zoning.
' 3. The granting of the variance will not contribute
to a property development which will be materially
detrimental to the public welfare or injurious to
the property or improvements in the vicinity.
4. The granting of the variance is consistent with
the goals, policies, and objectives of the General
Plan.
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THE CITY COUNCIL DOES HEREBY APPROVE A.C. 79-7, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. Final working drawings including site plan, building
elevations, architectural details, and final
landscape plan shall be submitted to the Architectural
Board of Review. Said plans shall be in substantial
conformance with the approved conceptual development _
plans as conditioned by the City Council.
2. A.C. 79-7 will become null and void if Zone Variance
79-7 is denied.
3. The proposed allocation of sign area for the
market between wall sign and monument sign shall
be reviewed and approved by the Planning Commission
prior to issuance of permits for said signs.
4. The developer shall construct a raised landscape
median on Camino Capistrano along the length of
the project frontage except at the intersection
with Avenida Padre.
5. The developer shall construct and dedicate right
turn lanes at access points on Camino Capistrano
as per the precise site plan approved as part of
A.C. 79-7.
6. The developer shall participate in costs for a
traffic signal at Camino Capistrano and San Juan
Creek Road. Participation costs shall be based
upon the increase in intersection traffic at
Camino Capistrano and San Juan Creek Road generated
by the project developed per A.C. 79-7.
7. All on-site overhead utilities shall be converted
to underground.
8. Locate and construct driveways according to Section
4.1.4 of the Land Use Management Code.
9. Vehicular access rights shall be released and
relinquished to the City except at street intersections
and driveways as shown on A.C. 79-7.
10. Utility undergrounding shall be done in accordance
with Section 4.1.7 of the Land Use Management Code
in addition to the City's underground policy.
11. Water transmission and distribution facilities
shall be designed, constructed and dedicated
according to Section 4.1.9 of the Land Use
Management Code.
12. Sanitary sewers shall be designed, constructed and
dedicated according to Section 4.1.11 of the Land
Use Management Code.
13. Conditions, Covenants and Restrictions will be
developed and recorded to require employees to
park at the rear of building B, the market.
14. The complete sign program shall be submitted to
the Architectural Board of Review for approval
during Phase III review.
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15. A revised site plan and building elevations shall
be submitted for City Council review and approval
incorporating the following changes:
a. Landscape islands at the ends of the parking
isles.
b. Interior landscaping requirements shall be
met.
C. Elevations for the proposed two-story commercial
building shall be modified so as to produce a
roof -line treatment more harmonious with the
other buildings to be constructed on the
site. Further, the rear elevation of said
building shall be revised so as to produce a
pleasing appearance as viewed from the Amtrak
railway and the public areas to the west.
16. Roof mounted mechanical equipment shall not be
permitted unless screened in a manner meeting the
approval of the Director of Community Planning and
Development.
FURTHER, THE CITY COUNCIL DOES HEREBY APPROVED ZONE
VARIANCE 79-7, SUBJECT TO THE FOLLOWING CONDITION:
1. Zone Variance 79-7 shall become null and void if
A.C. 79-7 is denied or expires.
PASSED, APPROVED AND ADOPTED this 15th day of
August , 1979. by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze,
Buchheim and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
KE NETH E. ESS, YOR
ATTEST:
CITY C
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 79-g-15-1 . adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 15th day of
August 1 1979.
(SEAL) 'Q�-
'MARY ANNOVER, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in ,further compliance with City Resolution
No. 79-2-21-7 and on the 17th day of August 1979 ,
she caused to be posted:
RESOLUTION NO. 79-8-15-1
being: A.C. 79-7 AND ZONE VARIANCE 79-7
(BUSINESS PROPERTIES INC./ALPHA BETA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN. JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING: ARCHITECTURAL CONTROL 79-7 FOR A
MASTER PLAN OF A SHOPPING CENTER; AND ZONE
VARIANCE 79-7 IN THE REAR YARD SETBACK FROM 25
FEET TO 10 FEET
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The San Juan Hot Springs Dance Hall;
The Orange County Public Library.
CHECK LIST
ORD. NO._. ---. RES. NO....._....
.......''.... Mayor has signed
.. Clerk has signed
........'.. City Seal stamped
✓.. All blanks typed in
..Absent" .------ _'
`'Noes" ..............-'--- ...................
...... .... Typed in Official Record
........ Posted to Classified Cards
------ ...... Copies sent to... .......
.............. Legal Publication ordered to be published
(date) ------- -------- .........-----........---------...
No. Affidavits ................................. ..
No. Printed copies required _... ...... _......_..
Remarks ... .......................
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...................... ..........
...... _.................
/. " ee. .. ... sd. L.....�.-..✓...-------- -----
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MARY ANN HANG ER, ity erk
San Juan Capistran , California