Resolution Number 14-10-07-01 RESOLUTION NO. 14-10-07-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, UPHOLDING PLANNING COMMISSION DENIAL
OF A REQUEST FOR APPROVAL OF A SHARED PARKING PLAN FOR THE
MERCADO EL REY CONVENIENCE STORE LOCATED AT 32252-32254
CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 668-453-16)
(APPLICANT: MERCADO EL REY)
WHEREAS, Mercado EI Rey (the "Applicant") has requested that the City
Council approve an appeal of the Planning Commission's denial of a request for approval
of Conditional Use Permit ("CUP") 14-003 to allow for"Shared Parking" in conjunction with
tenant improvements for the operation of a convenience store (the "Project" or "CUP 14-
003") located at 32252-32254 Camino Capistrano on the north side of the street,Assessor
Parcel Number 668-453-16 (the "Property"); and,
WHEREAS, Malcolm Properties/Dove Capistrano LLC is the owner of the
Property; and,
WHEREAS, the City has issued permits for a 3,140 square foot retail building
and 1 ,530 square feet of accessory unenclosed storage structures on the Property; and,
WHEREAS, the Applicant (or its predecessor) converted the 1,530 square
feet of accessory unenclosed storage structures into enclosed retail building space, such
that a 4,670 square foot retail building is currently located on the Property which the
Applicant uses for the operation of a convenience store (the "Mercado EI Rey Building");
and,
WHEREAS, the City has never issued a permit for a 4,670 square foot retail
building on the Property (i.e., the current Mercado EI Rey Building); and,
WHEREAS, the General Plan Land Use Designation for the Property is 3.1
General Commercial and the Property is located in the General Commercial Zone District;
and,
WHEREAS, because the Property is 8,800 square feet and the Mercado EI
Rey Building is 4,670 square foot, the floor area ratio (FAR) for the Mercado EI Rey
Building is currently 0.53, which exceeds the General Plan's maximum FAR of 0.50 for the
3.1 General Commercial Land Use Designation and exceeds the Land Use Code's
maximum FAR of 0.40 for the General Commercial Zone District; and,
WHEREAS, the "Shared Parking" plan is designed to serve customers and
employees of a convenience store that is currently being operated out of a building that
does not have the necessary permits from the City(i.e., the Mercado EI Rey Building); and,
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WHEREAS, approval of the tenant improvements associated with the
"Shared Parking" plan would amount to an approval of an unpermitted expansion of the
square footage of the Mercado EI Rey Building in a manner that exceeds the General Plan
and Land Use Code's maximum FARs; and,
WHEREAS, if approved, the proposed Project would effectively expand or
intensify a use that is not currently permitted and arguably cannot be permitted until the
inconsistencies with the General Plan and Land Use Code are resolved; and,
WHEREAS, the proposed Project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
WHEREAS, the Planning Commission conducted a duly-noticed public
hearing on July 22 and July 28, 2014, pursuant to Title 9, Land Use Code, Section 9-2.302,
and City Council Policy 5 to consider public testimony on the proposed Project and
considered all relevant public comments; and,
WHEREAS, the Planning Commission considered the information provided
by City staff, the public testimony, and the evidence presented at the Planning Commission
public hearing on July 22 and July 28, 2014, which included, without limitation, the agenda
reports submitted by the Development Services Department; and
WHEREAS, after careful study, the Planning Commission denied the
Applicant's request for approval of CUP 14-003; and,
WHEREAS, the Applicant timely appealed the Planning Commission's denial
of CUP 14-003; and,
WHEREAS, the City Council conducted a duly noticed public hearings on
September 16, 2014 and October 7, 2014, pursuant to Section 9-2.335, Public Hearing
Procedures of the Municipal Code and City Council Resolution 10-08-17-03, Public
Notification to consider public testimony on the Applicant's appeal of the Planning
Commission's denial of the Project; and,
WHEREAS, the City Council has considered the Planning Commission's
findings and determination, the information provided by City staff, the public testimony, and
the evidence presented at the City Council public hearing on September 16, 2014, which
included, without limitation, the agenda reports submitted by the Development Services
Department; and,
WHEREAS, under Section 15270 of the California Environmental Quality Act
(CEQA) Guidelines, CEQA does not apply to projects which a public agency rejects or
disapproves.
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NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby make the following findings with respect to the proposed Project:
SECTION 1. The above recitations are true and correct and adopted as the
findings of the City Council.
SECTION 2. With regard to the appeal of the Planning Commission's denial
of the Applicant's request for CUP 14-003, the City Council does hereby make the following
findings as established by Section 9-2.317(d) of Title 9, Land Use Code of the City of San
Juan Capistrano:
1. The proposed use and design of the Project are not consistent with the maps and
policies of the General Plan because the proposed Project would effectively expand
or intensify an existing use that is not currently permitted and is not consistent with
the General Plan — the maximum Floor Area Ratio (FAR) allowed in the 3.1
General Commercial Land Use Designation/Classification established by the
General Plan (General Plan Table LU-2) is 0.50 while the gross floor area of the
Mercado EI Rey Building with the requested improvements would result in a Floor
Area Ratio of 0.53; and,
2. The proposed use and design of the Project are not consistent with the purpose,
intent, and standards of the Land Use Code because the proposed Project would
effectively expand or intensify an existing use that is not currently permitted and is
not consistent with the Land Use Code—the maximum Floor Area Ratio allowed in
the General Commercial Zoning District is 0.40 while the gross floor area of the
Mercado EI Rey Building with the requested improvements would result in a Floor
Area Ratio of 0.53.
SECTION 3. The City Council, based on all of the information, testimony,
and evidence presented at its meetings on September 16, 2014 and October 7, 2014, and
the findings and determinations set forth in Section 2, hereby upholds the Planning
Commission's denial of the application for CUP 14-003 requesting approval of a Shared
Parking Plan for the Mercado EI Rey Convenience Store.
SECTION 4. Pursuant to Section 15270 of the California Environmental
Quality Act (CEQA) Guidelines, the denial of the proposed Project is statutorily exempt
from the requirements of CEQA because CEQA does not apply to projects which a public
agency rejects or disapproves and, as set forth in Section 3 above, the City Council is
upholding the Planning Commission's denial of the application for CUP 14-003.
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PASSED, APPROVED AND ADOPTED this 7th day of October 2014.
r
SAM ALLE ATO, Mayor
ATTE
MA I'\ City -jerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 14-10-07-01 was duly adopted by the City Council
of the City of San Juan Capistrano at a Regular meeting thereof, held the 7th day of
October 2014, by the following vote:
i
AY S: CL UNCIL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato
NOES: C UNCIL MEMBERS: None
ABSEN : C NCIL MEMBER$: None
MARIA_M IS, ity Cle
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