PC Resolution-12-05-08-020 0 0 A 0 0 0 A
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Whereas, Robert D. and Deborah L. Trette are the owners of real property
located at 34000 Via De Agua and their representative, David Kaech, Architect, has
requested approval of Conditional Use Permit (CUP) 12-004 modifying previously approved
Conditional Use Permit (CUP) 78-003 to define permitted "outdoor recreational facility
uses" for an approximately 1.04 acre portion of property located at 34000 Via De Agua
which is General Plan -designated 2.2 Medium Low Density Residential and classified as
Single Family -7,000 (RS -7,000) 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,
(a) (Projects Which Are Disapproved), "CEQA does not apply to projects which a public
agency rejects or disapproves",and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on May 8, 2012 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5,
and Planning Department Policy 510 to consider public testimony on the proposed project
and has considered all relevant public comments.
NOW, THEREFORE, BE IT 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:
The proposed outdoor recreational facility uses are not consistent with the General
Plan policies and objectives, and in particular, the allowable uses in the "2.2
Medium Low Density Residential" land use designation which identifies uses such
as single-family homes, schools, public facilities, and other uses which are
compatible with and oriented toward serving the needs of medium -low density
single-family neighborhoods, because the proposed outdoor recreational facility
uses is constitute a commercial use and results in noise, light, and traffic impacts to
the surrounding property owners and residents; and,
PC Resolution 12-05-08-02
Mav 08. 2012
2. The proposed outdoor recreational facility uses create a significant increase in light,
noise, traffic, or other disturbances, nuisances, or hazards which adversely affect
adjoining residences, given that the uses create an intensified noise and night
lighting environment and the increased number of participants intensifies the traffic
to the surrounding roadways of Via De Agua and Paseo De Alegria; and,
3. The proposed outdoor recreational facility uses in conjunction with the indoor facility
would intensify the parking demand and result in offsite parking overflow to the
residential streets of Via De Agua and Paseo De Alegria, creating congestion on
adjoining residential streets.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby denies Conditional Use Permit
(CUP) 12-004.
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, May 30,
2012.
PASSED, APPROVED AND ADOPTED this 15th
day of May, 2012, by the
following vote, to wit:
AYES: Chairman Rob Williams and Commissioners Sheldon Cohen, Tim
Neely, Roy Nunn, and Jeff Parkhurst.
b Williams, Chairman
f7r,
William A. Ramsey, AICP, Assistant Director
Secretary