Resolution Number 79-5-16-2331
RESOLUTION NO. 79-5-16-2
TENTATIVE PARCEL MAP 854, ARCHITECTURAL CONTROL
79-7 AND ZONE VARIANCE 79-7 (BUSINESS PROPERTIES
TN,- nT.vvn AFrPn )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING WITHOUT
PREJUDICE: TENTATIVE PARCEL MAP 854, THE DIVISION
OF 5.97 ACRES INTO FOUR PARCELS; ARCHITECTURAL
CONTROL 79-7 FOR A MASTER PLAN OF A SHOPPING
CENTER; AND ZONE VARIANCE 79-7 FOR A REDUCTION IN
THE REAR YARD SETBACK ON PARCEL 1 FROM 25 FEET TO
0 FEET, A REDUCTION IN THE SIDEYARD SETBACK FROM 5
FEET TO 0 FEET ON PARCEL 2, A REDUCTION IN THE
REARYARDSETBACK ON PARCEL 3 FROM 25 FEET TO 10
FEET, A REAR YARD SETBACK REDUCTION ON PARCEL 4
FROM 25 FEET TO 20 FEET, AND A REDUCTION IN THE
REQUIRED PARKING FROM 326 TO 316 SPACES
WHEREAS, the applicant, Philip Whitener, c/o Collins
Diversified, 270 South Bristol, Suite 201, Costa Mesa, California,
has submitted an application for subdivision of 5.97 acres into
four parcels, architectural control for a master planned shopping
center, and a zone variance for reduction in the rear yard
setback on parcel 1 from 25 feet to 0 feet, a reduction in the
side yard setback from 5 feet to 0 feet on parcel 2, a reduction
in the rear yard setback on parcel 3 from 25 feet to 10 feet, a
rear yard setback reduction on parcel 4 from 25 feet to 20 feet,
and a reduction in the required parking from 326 to 316 spaces;
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, the City Council has appealed the decision
of the Planning Commission; 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 Tentative Parcel Map 854:
1. That the site is not physically suitable for the type
of development proposed under A.C. 79-7.
2. That the design of the subdivision and proposed
improvements will cause sbustantial environmental
damage.
3. That the design of the subdivision will cause
an adverse impact upon the public health, safety,
and welfare.
-1-
332 3;
The motion to deny Tentative Parcel Map 854 passed by
the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: Councilman Schwartze
ABSENT: None
BE IT FURTHER RESOLVED, that based upon the following
findings relative to Architectural Control application 79-7:
1. That the project design and intensity of use is
not physically suitable for the site.
2. That the location and design of structures
located on the northerly boundary are materially
detrimental to adjacent uses.
The motion to deny Architectural Control 79-7 passed by
the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: Councilman Schwartze
ABSENT: None
BE IT FURTHER RESOLVED, that based upon the following
findings relative to Zone Variance application 79-7:
vote:
1. There are no 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 not necessary for the
preservation and enjoyment of a privilege
enjoyed by other properties in the vicinity
and under identical zoning.
3. The granting of the variance will 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 not consistent
with the goals, policies, and objectives of
the General Plan.
The to deny on Zone Variance 79-7 passed by the following
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ATTEST:
V \ -/
CITY CLE KENNETH E. FRIESS, IIIOR
-2-
333
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. 79-5-16-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 16th day of
Mav 1 1979.
i
'AIM MRO
10M
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
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 25th day of May 1979 ,
she caused to be posted:
being:
RESOLUTION NO. 79-5-16-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING WITHOUT
PREJUDICE: TENTATIVE PARCEL MAP 854, THE DIVISION
OF 5.97 ACRES INTO FOUR PARCELS; ARCHITECTURAL
CONTROL 79-7 FOR A MASTER PLAN OF A SHOPPING
CENTER; AND ZONE VARIANCE 79-7 FOR A REDUCTION IN
THE REAR YARD SETBACK ON PARCEL 1 FROM 25 FEET TO
0 FEET, A REDUCTION IN THE SIDEYARD SETBACK FROM 5
FEET TO 0 FEET ON PARCEL 2, A REDUCTION IN THE
REAR YARD SETBACK ON PARCEL 3 FROM 25 FEET TO 10
FEET, A REAR YARD SETBACK REDUCTION ON PARCEL 4
FROM 25 FEET TO 20 FEET, AND A REDUCTION IN THE
REQUIRED PARKING FROM 326 TO 316 SPACES
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 -2 ra //
ORD. NO ...... _ RES. NO- _.......
.........ryiayor has signed
........lerk has signed
-City Seal stamped
......✓.... All blanks typed in
"Absent.. .......... _._._............... _.. _.........._.
"Noes" ------ --------------------------------------
............. Typed in Official Record Book
.............. Posted to Classif}}'��d Card
.---_..__. Copies sent to. A4 —5 ..r4i �. '
--------------------) *::
.............. Legal Publication ordered to be published -3-
(date).---------- --------- -......._....._._`------- -.......
No. Affidavits ................ .......... �....----
........
..
No. Printed copies required ............ ............
Remarks.................------------------------------------ �.2—
MARY ANY HAXOVER, City Cle k
San Juan Capistrano, California