Loading...
PC Resolution-13-09-10-01Keil, I DI I1*1'TElaIIIA:. i 1 0 r� 1 r A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A VALET PARKING MANAGEMENT PLAN PROPOSED TO BE OPEN TO THE PUBLIC, WITH A VEHICLE PICK-UP AND DROP- OFF AREA ON THE WEST SIDE OF CAMINO CAPISTRANO APPROXIMATELY 30 - FEET SOUTH OF VERDUGO STREET, AND VEHICLE PARKING WITHIN THE FRANCISCAN PLAZA PARKING STRUCTURE, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF CAMINO CAPISTRANO AND VERDUGO STREET AT 31781 CAMINO CAPISTRANO (APN 121-150-27) (FRANCISCAN PLAZA VALET PARKING) Whereas, Robert Quest, Jr., 31781 Camino Capistrano #107, San Juan Capistrano, CA 92675, has requested approval of a Conditional Use Permit to allow "valet parking service" subject to a parking management plan proposed to be open to the public, with a vehicle pick-up and drop-off zone on the west side of Camino Capistrano approximately 30 -feet south of Verdugo Street, and vehicle parking within the Franciscan Plaza Parking Structure on property located at 31781 Camino Capistrano, which is General Plan -designated 3.1 General Commercial and classified as Town Center on the Official Zoning Map; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 categorical exemption, and will cause the Notice of Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines which provides that "the notice shall not be filed with OPR or the county clerk until the project has been approved;" and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation; and, Whereas, the Planning Commission conducted a duly -noticed public hearing on August 13, 2013 and September 10, 2013, pursuant to Title 9, Land Use Code, Section 9-2.302, to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Section 9-2.317 of Title 9, Land Use Code of the City of San Juan Capistrano: PC Resolution 13-09-10-01 2 September 10, 2013 1. The proposed valet parking use and design are consistent with the maps and policies of the General Plan because the use would facilitate efficient parking for established commercial businesses within the downtown, which are consistent with the General Plan Land Use Element's "M General Commercial" Land Use designation; and, 2. The proposed valet parking use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved, because the use would facilitate parking for existing commercial businesses within the "TC" (Town Center) Zone District; and, 3. The site for the proposed valet parking use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because the existing delivery zone can safely and sufficiently accommodate vehicle drop-off and pick-up with the implementation of the proposed management plan. The management plan would ensure adequate accessibility for delivery vehicles, as well as maintain existing traffic flows; and, 4. The proposed valet parking use and the on-going operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because the proposed valet parking will facilitate parking for patrons of the downtown business, and will not cause any additional traffic impacts beyond existing conditions; and 5. The site for the proposed valet parking use has adequate access and parking to support the use because the parking structure will adequately accommodate the proposed vehicle path of travel and parking locations used by valet parking attendants, and vehicle drop-off and pick-up will be adequate by using the proposed methods of parking management; and the use would not add additional parking demand to the existing parking inventory, and would more efficiently use the existing parking inventory. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves the project subject to those conditions of approval established by Exhibit A, attached hereto and incorporated herein. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at 5:00 p.m., Wednesday, September 25, 2013. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on September 10, 2015 unless a time PC Resolution 13-09-10-01 3 September 10, 2013 extension request related to this discretionary approval is submitted to the City prior to that date. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTED this 10th day of September 2013, by the following vote, to wit: AYES: Vice -Chair Neely, Commissioners Gardiner, Chaffee, and Nunn NOES: Chair Cohen ABSTAIN: None Sheldon Cohen, Chairman Miam A. Ramsey, AICIP, Assistirector Secretary RESOLUTION # 13-09-10-01 EXHIBIT A PROJECT LOG #: CUP 13-010 PROJECT NAME: Franciscan Plaza Valet Parking APPROVAL DATE: September 10, 2013 These conditions of approval apply to the above -referenced project application described in more detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: _ 1. The subject project proposes a valet parking management plan proposed to be open to the public, with a vehicle pick up and drop off area on the west side of Camino Capistrano approximately 30 -feet south of Verdugo Street, and vehicle parking within the Franciscan Plaza Parking Structure, generally located on southwest corner of Camino Capistrano and Verdugo Street at 31781 Camino Capistrano (Assessor Parcel Number: 121-150-27). This project approval is based on and subject to the application materials prepared by Rob Quest dated including site plan, parking management plan, and any other plans. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved pursuant to Article 9-2.3, Development Review Procedures of Title 9, Land Use Code. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, if required, only by those individuals legally authorized to do so. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or Development Services Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their Resolution #13-09-10-01 Conditions of Approval CUP 13-010 Franciscan Plaza Valet Parking Pape 2 of 3 responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 7. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. _ 8. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 9. All applicable approvals and clearance from other departments and agencies shall be on file with the Development Services Department - Building and Safety Division prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (DSD-B&S) 10. The Development Services Director shall have the authority to approve an alternative valet parking management plan for the subject property that does not require a License Agreement with the City Council for loading and unloading in the Public Right -of -Way. (DSD) The following ongoing conditions shall be complied with at all times after completion of the project. 11. Parkinq Management Plan. The valet parking operation shall adhere to the Parking Management Plan provided by the applicant and approved by the Planning Commission. 12. Business License. The applicant, the valet parking company, or successors in interest shall comply with the City's business license requirements. (FSD) ® 13. Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (DSD) ® 14. Future Parking Demand. In the event that future land uses require additional parking, the applicant must obtain the necessary land use approval that demonstrates that sufficient parking is being provided for all land uses within the building or on the property. (DSD) 15. Revenue Sharing. The applicant shall be required to share revenues generated by the valet parking operation with the City of San Juan Capistrano consistent with the provisions of the Joint Parking and Maintenance Agreement, dated December 5, 1989, as amended and the Owner Participation Agreement, dated December 15, Resolution # 13-09-10-01 Conditions of Approval CUP 13-010 Franciscan Plaza Valet Parking Page 3 of 1987, as amended, (FSD) — 16. Parking Agreements. The applicant shall be required at all times to comply with the Joint Parking and Maintenance Agreement, dated December 5, 1989, as amended and the Owner Participation Agreement, dated December 15, 1987, as amended (collectively, the "Parking Agreements"), Notwithstanding General Condition No. 6, in the event that these written conditions or any other approval relating to the subject project are inconsistent with either or both of the Parking Agreements, the Parking Agreement(s) shall prevail. The City's conditional approval of the subject project shall not be deemed to waive the 'Citv's rights under the Parking Agreements. (FSD) — 17. License Agreement, The applicant 'shall secure approval of a license agreement for use of the public right-of-way by the City Council prior to operation of the valet parking service, (PW -ENG) Responsible Departments/Agencies: DSD: Development Services Department DSD-B&S: DSD Building & Safety Division PW -ENG: Public Works -Engineering Division UTIL: Utilities Department OCFA: Orange County Fire Authority FSD: Financial Services Department Applicant Signature Date Applicant's name/title (print)