Resolution Number 07-04-03-01RESOLUTION NO. 07-04-03-01
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, MAKING A DETERMINATION
OF USE FOR THE ORTEGA RANCH BUSINESS PARK (VOIT
COMMERCIAL BROKERAGE)(CENTRA REALTY CORP.)(APN
NUMBERS 650-142-04 AND 650-151-11 & 22)
WHEREAS, the applicant, Voit Commercial Brokerage, leasing agents for
the property owner, Centra Realty Corp., requested staff to determine that a day
spa and nail salon is a permitted "Support Retail Use", and staff acting under
authority of Section 9-1.109(c) of the Municipal Code referred the matter to the
Planning Commission for a determination as to whether of not the proposed use
was consistent with the Land Use Code and the permitted uses in
Comprehensive Development Plan (CDP) 05-01; and,
WHEREAS, the Planning Commission considered the matter on February
13, 2007, and determined that the proposed use did not meet the definition of
"support retail" as outlined in Section IV.B.5 of CDP 05-01 in that the proposed
use is not a business intended to primarily serve the business owners,
employees and clientele of businesses located within the Ortega Ranch
business center: and
' WHEREAS, the Planning Commission further determined that the
proposed use, in drawing users from primarily from outside of the Ortega Ranch
business center, would have a parking demand in accordance with the parking
standards of the Municipal Code would be considerably in excess of the
parking demand for a typical "support retail" businesses, and would therefore
require parking in excess of that provided for within the center to the detriment
of other businesses and clientele within the center; and,
C
WHEREAS, the applicant, on February 28, 2007 appealed the decision of
the Planning Commission to the City Council on the basis that (1) they had
obtained signatures of tenants within the center supporting the proposed business
use, and (2) they disagreed with staff's parking evaluation; and
WHEREAS, the City Council considered the applicant's appeal on April 3,
2007, and, after hearing testimony by staff, the applicant and others, determined
that staff and the Planning Commission's determination that the proposed use
did not meet the criteria established by CDP 05-01 for "support retail" uses, and
is, therefore, not a permitted use within the Ortega Ranch business park.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby deny the applicant's appeal and upholds
the Planning Commission determination that a day spa/nail salon is not a
"support retail" use.
PASSED, APPROVED, AND ADOPTED this 3r ay of April, 2007.20
SAM ALLEVATO, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 07-04-03-01 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 3rtl day of April 2007, by the
following vote:
AYES: COUNQL MEMBERS: Nielsen, Uso, Soto and Mayor Allevato
NOES—�UI IL MEMBER: Hribar
AB NT: OU CIL MEMBER: None
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