PC Resolution-12-07-24-01_MISSING EXHBIT APC RESOLUTION NO. 12-07-24-01
REZONE (RZ) 11-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF A
NEGATIVE DECLARATION AND AN AMENDMENT TO THE LOS RIOS SPECIFIC
PLAN (SP 78-01) "LOW DENSITY OFFICE" DISTRICT TO ALLOW CERTAIN RETAIL
AND FOOD USES TO BE PERMITTED BY RIGHT (SPM — LAS HADAS, LLC)
Whereas, Victoria Auer of Rivendell Land Company, 31866 Camino
Capistrano, San Juan Capistrano, CA, representative of SPM — Las Hadas, LLC, has
requested approval of Rezone (RZ) 11-001 to amend the Los Rios Specific Plan (LRSP)
78-01; and SPM — Las Hadas, LLC, is the owner of real property located at 31897 &
31899, Del Obispo Street (APN: 121-160-46 & 121-160-39); 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 initial study
prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines, has issued a
negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of
Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has
otherwise complied with all applicable provisions of the California Environmental Quality
Act (1970); and all mitigation measures have been included herein; 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 technical
studies; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on July 24, 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 with respect to
the California Environmental Quality Act (CEQA) and the Negative Declaration (ND):
Whereas, the Planning Commission finds on the basis of the evidence
presented and the whole record before it, including the negative declaration, and
comments received, that there is no substantial evidence that the proposed project will
have a significant effect on the environment; and,
PC Resolution 12-07-24-01 2 Julv 24. 2012
Whereas, the Planning Commission further finds that the recommendation of
adoption of the negative declaration reflects the Planning Commission's independent
judgment and analysis; and,
Whereas, the record of proceedings on which the Planning Commission's
decision is based is located at City Hall for the City of San Juan Capistrano, located at
32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of
proceedings is the Development Services Department Administrative Specialist; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
with respect to Title 9, Land Use Code of the City of San Juan Capistrano and the Los Rios
Specific Plan:
1. The proposed zone change is consistent with the General Plan land use map and
applicable goals and policies because the Specific Plan designation will remain and
is consistent with Specific Plan/Precise Plan land use designation;
2. The proposed zone change is consistent with the Land Use Code, including Article
1 General Plan Review and Table 2-1, Zoning Consistency Matrix because Specific
Plan zoning is allowed under the Specific Plan/Precise Plan land use designation of
the General Plan;
3. The site of the proposed zone change is suitable for any of the land uses permitted
within the proposed zone district because the proposed changes are consistent with
the Purpose and Intent, and the Land Use Goals and Policies of the Los Rios
Specific Plan 78-01;
4. The uses allowed by the proposed zone change are compatible with existing and
planned uses on surrounding properties and the community in general because they
are consistent with the commercial zoning districts in the nearby vicinity;
5. The proposed zone change is reasonable and beneficial at this time because the
allowed use of the site would be consistent with the existing use of the site and
would and would not be detrimental to nearby properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends approval of a
negative declaration, attached hereto and incorporated herein as Exhibit A; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends approval of the
project subject to the text established for the Low Density Office distract by Exhibit B,
attached hereto and incorporated herein.
PC Resolution 12-07-24-01 3 July 24, 2012
PASSED, APPROVED AND ADOPTED this 24th day of July, 2012, by the
following vote, to wit:
AYES: Chair Williams, Commissioners Parkhurst, Cohen, Kerr, Nunn, and
Ratcliffe
NOES: None.
ABSTAIN: None.
Robert
ev",
Miam A. Ramsey,®AICP, Assist�af �irector
Secretary
PC Resolution 12-07-24-01 EXHIBIT B
B. BASE DISTRICT REGULATIONS
1. Low Density Office (LDO) District.
a. Purpose and intent: To provide for low intensity commercial office uses
that are compatible with the rural character of the Los Rios area and will
not alter the existing topography.
b. Principal Uses Permitted:
1.
Medical or dental offices.
2.
General office uses such as business, professional, real estate,
travel agencies and similar office uses, including banks, savings
and loan associations or credit unions.
3.
The retail sale of apparel, fabrics, dry goods, ornamental plants,
flowers, candy, baked goods, hobby supplies, arts and crafts
supplies, photography supplies, stationery, newspapers and
magazines, meats, Groceries, pharmaceutical, cosmetics,
notions, iewelry, computers, video/audio media and similar
retail sales activities, and similar items which require small-scale
retail outlets. (The cumulative total of these uses shall not exceed
1909 4,500 square feet, and any single retail tenant shall not
exceed 1,500 square feet.)
4.
Small-scale service uses, including barber shops, beauty shops,
tailor shops, photography studios, watch repair shops, ticket
agencies and locksmith shops.
5.
Small-scale eating and drinking
establishments (except drive-in or drive-thru facilities), ice cream
parlors, delicatessens, etc. where it can be demonstrated that the
proposed use will not generate large volumes of vehicular traffic
which would create traffic safety problems.
C. Conditional Uses Permitted:
1. Public and semi-public buildings, services and facilities, including
museums, libraries, government buildings, parks, public utility
offices and exchanges, information centers and churches.
2. Business, vocational and professional schools not requiring outdoor
facilities, (e.g. secretarial, art, dance, drama, music, barber/beauty),
but excluding swimming schools, pre-schools and public or private
primary/secondary schools. .
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