PC Resolution-11-1-25-002PC RESOLUTION NO. 11-1-25-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING A MODIFICATION TO
AC 88-08 TO ALLOW ADDITIONAL COMMERICAL USES
WHEREAS, Signature Services has requested a modification to the
conditions of approval established by the Planning Commission Resolution 88-11-22-4
for an 88,219 square foot home design center located south of Del Obispo Street and
adjoining Interstate -5; and,
WHEREAS, the San Juan Capistrano Community Redevelopment
Agency, on behalf of Signature Services, requests an amendment to the conditions of
approval associated with Planning Commission Resolution 88-11-22-04, by amending
condition 10, related to uses allowed, to permit uses permitted under the General
Commercial designation; and,
WHEREAS, The City's Environmental Review Board determined that the
proposed amendment to Resolution 88-11-22-04 would not have a significant effect on
the environment, and accordingly issued a Categorical Exemption for the project, and
has otherwise carried out all requirements of the California Environmental Quality Act;
and,
WHEREAS, San Juan Capistrano's Municipal Code, Title 9 Land Use,
Section 9- 3.535, sets forth use -specific parking standards that requires individual
businesses to provide parking on their owns lots; and,
WHEREAS, Title 9 Land . Use Code Section 9-3.535 discourages
business establishment and/or expansion by often requiring the processing of costly
and time consuming parking variances; and,,
WHEREAS, the City of San Juan Capistrano wants to provide a business -
friendly environment, encourage residents and guests to walk to destinations and
enhance the economic vitality of the historic town center area; and,
WHEREAS, on June 20, 1989, the Community Redevelopment Agency
entered into an Owner Participation Agreement with the Capistrano Home Furnishings
Center for the purpose of developing the site including the construction of certain public
improvements; and,
WHEREAS, §301 of the Owner Participation Agreement limits the types of
uses within the Capistrano Home Furnishings Center to home furniture, design and
accessory stores; and,
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WHEREAS, the Owner Participation Agreement is contingent upon
condition 10 in Planning Commission Resolution 88-11-22-04 which permits only home
design and improvement -type uses; and,
WHEREAS, the Community Redevelopment Agency Board, to help the
vibrancy and occupancy rate of the Capistrano Home Furnishings Center and economic
impact to the City, moved to amend the Owner Participation Agreement to permit uses
other than home retail, design and accessory retailers in the Capistrano Home Center,
permitted under the General Commercial designation.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
does hereby make the following findings:
1. The proposed use and design of the project comply with all applicable provisions
of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific
plan or comprehensive development plan; because the proposed uses will only
be those permitted under the General Commercial designation and there is no
change to the design of the project. .
2. The proposed use of the project is consistent with the goals, policies and
objectives of the General Plan, including the Community Design element
because there is no change to the permitted use and the project enhances an
underperforming commercial center, and it encourages the shared parking/park
once concept, to reduce the number of parking stalls required and reduce the
number of vehicle trips.
3. The project is adequate in size and shape to accommodate all yards, open
spaces, setbacks, parking, access, and other features pertaining to the
application, except as otherwise approved, and no changes will be made to the
aforementioned site features. The parking will be sufficient under Section 9-2.309
(e) of the Municipal Code.
4. The project's character, scale and quality of the architecture, site design and
landscaping are not impacted by permitting General Commercial uses, and are
consistent with the adopted Architectural Design Guidelines of the City. To permit
General Commercial uses on the site does not change the vehicular safety,
bicycle and pedestrian access and circulation of the site.
5. The project's proposal to permit General Commercial uses on the site does not
change the vehicular safety, bicycle and pedestrian access and circulation of the
site.
6. The project's proposed General Commercial uses are consistent and compatible
with the surrounding existing commercial land uses and community character, as
there are no changes to the site's scale, massing, architectural design,
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landscape design and other development characteristics. The project's intensity
is reasonable and beneficial at this time as the recently amended portion of the
Municipal Code, Section 9-2.309 (e), encourages shared parking/park once
concepts set forth in the Historic Town Center Master Plan, to assist existing
businesses, attract new businesses, and to avoid costly and time consuming
parking variances, and to provide economic development.
NOW, THEREFORE, BE IT RESOLVED, that the Planning. Commission
does hereby amend AC 88-8, condition 10 to read as follows:
10. Uses Allowed. As detailed in the Owner Participation Agreement with the
Community Redevelopment Agency."
BE IT FURTHER RESOLVED that said action shall not be deemed final
until after 21 days after the elate of this resolution. Any aggrieved party may appeal any
part of this action to the City Council within said 21 -day period by doing so in writing to
the City Clerk.
PASSED, APPROVED, AND ADOPTED this 25th day of January, 2011,
by the following vote to wit:
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioner Tatarian,
Commissioner Kerr, Commissioner Williams, Commissioner Mocalis, and
Commissioner Neely
NOES: None
ABSTAIN: None
Sheldon Cohen, Chairperson
Wiliam A. Ramsey, AICP, Princi al lanner
Commission Secretary
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