PC Resolution-11-06-28-03PC RESOLUTION NO. 11-06-28-03
AN APPEAL OF A PLAN CHECK APPROVAL FOR TENANT
IMPROVEMENTS FOR A PROPOSED CONVENIENCE STORE
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO UPHOLDING AN APPEAL AND DENYING
DEVELOPMENT SERVICES DEPARTMENT APPROVAL OF A PLAN
CHECK FOR TENANT IMPROVEMENTS FOR A PROPERTY IN THE
GENERAL COMMERCIAL ZONE DISTRICT LOCATED AT 32252-54
CAMINO CAPISTRANO (APN 668-453-16)(APPELLANT: DAN FRIESS).
WHEREAS, Dan Friess has appealed City approval of a plan check for tenant
improvements for a 4,641 gross square foot "convenience store" located at 32252-54
Camino Capistrano proposed to be developed by Dove Capistrano Partners, LLC, the
owner of real property located at this address (APN 668-453-16) and the property provides
12 off-street parking spaces whereas the Code would require at least 19 spaces; and,
WHEREAS, the Development Services Department had determined that the
proposed "convenience store" use is the same class of retail use as the prior "thrift store"
use and that pursuant to Title 9, Land Use Code, Section 9-3.535(e), the 7 -space parking
deficiency remains legal, non -conforming and. the owner is not required to provide
additional parking spaces to meet Code requirements; and,
WHEREAS, the proposed project site is General Plan -designated as 3.1
General Commercial and classified as General Commercial on the Official Zoning Map
which allows general retail uses including "convenience stores" as a permitted use; and,
WHEREAS, the proposed business license has been reviewed pursuant to
Section 9-2.311 Appeals, of the Land Use Code; and,
WHEREAS, the Planning Commission conducted an appeal hearing at a
regular meeting on June 28, 2011 pursuant to Section 9-2.311 of the Municipal Code to
consider the record and such additional evidences as may be offered; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
The proposed use of the property would constitute an intensification of retail use of
the property and therefore, the current off-street parking does not qualify for legal,
non -conforming status pursuant to Section 9-3.533(e) of the Title 9, Land Use
Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby uphold the appeal of the
PC Resolution 11-06-28-03 2 June 28 2011
Development Services Department's determination and determines the proposed use
would be an intensification of land use and requires the property owner to resolve the
current parking deficiency.
EFFECTIVE DATE & FINAL ACTION: This 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 5:30 p.m., Wednesday, July 13, 2011.
PASSED, APPROVED AND ADOPTED this 28th day of June, 2011, by the
following vote, to wit:
AYES: Commissioners Williams, Neely, and Parkhurst.
NOES: Vice -Chair Ratcliffe, and Commissioner Kerr
ABSTAIN: none
Gene Ratcliffe, Vice --Chair
William A. Ramsey, AICP
Principal Planner, Secretary