PC Resolution-11-04-26-02PC RESOLUTION NO. 11-04-26-02.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO DENYING THE APPEAL AND UPHOLDING THE DECISION OF
THE ZONING ADMINISTRATOR TO APPROVE A TWELVE (12) MONTH TIME
EXTENSION OF ZONING ENTITLEMENTS FOR THE 72,940 GROSS SQUARE
FOOT (GSF) JERWEL SELF -STORAGE FACILITY ON A 1.65 ACRE PROPERTY
LOCATED AT 33000 VALLE ROAD AT THE SOUTHEAST CORNER OF VALLE
ROAD AND VISTA MARINA (APN 675-443-02)
WHEREAS, on March 30, 2011 an appeal form was filed by Kelly Burt of
Price Self Storage with the City Clerk's office within fifteen (15) days of the decision of the
Zoning Administrator; and
WHEREAS, on March 16, 2011 the City's Zoning Administrator approved an
extension of time for twelve (12) months of zoning entitlements for the Jerwel Self Storage
Facility; and
WHEREAS, Gerald Klein of Jerwel Enterprises, pursuant to a letter dated
February 1, 2011, requested a time extension of twelve (12) months for two (2) zoning
entitlements including Architectural Control (AC) 08-014 and Conditional Use Permit (CUP)
08-012 in order to develop the Jerwel Self Storage project authorized to develop a 72;940
square foot commercial self -storage facility consisting of a 27,350 square foot basement,
25,807 square foot first floor and 19,747 square foot second floor on a vacant 1.65 acre
parcel; and,
WHEREAS, on March 3, 2009 the City Council approved second reading and
adoption of Rezone (RZ) 08-02; and
WHEREAS, on February 17, 2009 the City Council approved Architectural
Control (AC) 08-014, Conditional Use Permit (CUP) 08-012, and introduced for first reading
Rezone (RZ) 08-02; and
WHEREAS, a Mitigated Negative Declaration was adopted by the City
Council on February 17, 2009 in compliance with the California Environmental Quality Act
(CEQA) and the City adopted Environmental Review Guidelines; and,
WHEREAS, the project is consistent with the City's adopted Architectural
Design Guidelines; and
WHEREAS, the zoning entitlements for the project would otherwise expire.on
March 3, 2011 if not extended by the Zoning Administrator who is authorized by the Title 9,
Land Use Code to extend such entitlements for twelve (12) months per request up to a
maximum of five (5) years from the original City Council approval pursuant to Municipal
Code Section 9-2.313(e); and,
PC Resolution 11-4-26-02 2 April 26, 2011
WHEREAS, the Planning Commission of the City of San Juan Capistrano is
granted the authority to consider appeals of the Zoning Administrator pursuant to Municipal
Code section 9-2.311(a); and
WHEREAS, this Planning Commission public hearing conducted on April 26,
2011 was duly noticed in a local newspaper and was mailed to property owners within 500
feet of the subject property; and,
WHEREAS, the Planning Commission has considered all oral and written
testimony offered at the public hearing; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby makes the following findings:
The project applicant has not proposed any changes to the project as
approved by the San Juan Capistrano City Council on March 3, 2009.
Neither the policies of the City's General Plan Land Use Element nor the
provisions of Title 9, Land Use Code have changed so as to create inconsistencies
or non -conformities.
The project is consistent with the Planned Community land use designation
on the General Plan Land Use Map.
A Mitigated Negative Declaration was adopted by the City Council on
February 17, 2009.
The project is consistent with the PC (Planned Community) zone district and
more specifically, the permitted uses and development standards set forth in
Comprehensive Development Plan (CDP) 81-01, Forster Canyon in the North
Commercial Manufacturing District.
The project is consistent with the City's adopted Architectural Design
Guidelines.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano hereby denies the appeal and upholds the decision of the
Zoning Administrator to grant a time extension of twelve (12) months subject to conditions
of approval set forth in the City Council Resolution .
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the zoning
entitlements for the Jerwel Self Storage Facility project shall expire on March 3, 2012
unless an additional extension of time is granted or the applicant has obtained building
permits and commenced construction.
PC Resolution 11-4-26-02 3 April 26, 2011 .
EFFECTIVE DATE & FINAL APPROVAL: The decision of the Planning
Commission shall become final on May 11, 2011 at 5:00 p.m. if an appeal has not been
filed with the City Clerk prior to that date and time.
PASSED, APPROVED AND ADOPTED this 26th day of April, 2011 by the
following vote, to wit:
AYES: Chairman Cohen, Commissioners Williams, Kerr, Ratcliffe,
Nunn, Neely, and. Parkhurst.
NOES: None
ABSTAIN:. None
Sheldon Cohen, Chair
l� w
V\ I liam A. Ramsey, AICP
Principal Planner, Secretary