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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, 1 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, 2 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 3