PC Resolution-08-11-13-01RESOLUTION NO. 08-11-13-01
TENTATIVE PARCEL MAP (TPM) 08-002,
Birtcher
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO RECOMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP TO SUBDIVIDE AN APPROXIMATELY 2.232
ACRE PARCEL INTO TWO 1 ACRE PARCELS AND ADJUSTING A LOT
LINE TO ADD .232 ACRES TO THE ADJACENT 1.0877 ACRE SITE TO
THE CITY COUNCIL (ASSESSOR'S PARCEL NUMBERS 650-142-06 &
650-151-22; Birtcher)
Whereas, Brandon Birtcher and Birtcher Pacific, owner of real property
described as Assessor's Parcel Numbers 650-142-06 & 650-151-22 located at 32192 Cook
Ln., San Juan Capistrano; and,
Whereas, the applicant requests approval of a proposed subdivision of land
located adjacent to 32192 Cook Lane and an adjustment of lot lines. The subject property
is located approximately. 1,370 feet north of Del Obispo, 590 feet south of Calle Ricardo
and 454 feet east of Peppertree bend. The applicant proposes to subdivide an
approximately 2.232 acre parcel into two 1 acre parcels and adjusting a lot line to add .232
acres to the adjacent 1.0877 acre site. The property is General Plan designated "2.0 -Very
Low Density Residential (0-1 du/acre)" and is zoned Residential Estate 40,000 (RSE
40;000). Information on this project is available for review at the Planning Department,
32400 Paseo Adelanto, San Juan Capistrano; (949) 443-6331; and,
Whereas, the proposed project has been processed pursuant to Section 9-2.345,
Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA)
Guidelines, has issued a Notice of Exemption pursuant to Section 15070 of those
guidelines; has caused a Notice of Notice of Exemption 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,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on November 13, 2008 pursuant to the provisions of Section 9-2.335 of the Title 9, Land
Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider
public testimony.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
PC Resolution 08-11-13-01 2 November 13, 2008
1. The properties subject to subdivision and augmentation of lot lines are located in
the "2.0 -Very Low Density Residential (0-1 du/acre)" General Plan Land Use
designation. The General Plan maximum density is 0-1 du/acre, with an average of
1 dwelling unit per acre. The proposed subdivision would split an existing
undeveloped 2.232 acre lot into two 1 acre parcels and altering an existing lot line to
add 10,105 square feet to the adjacent developed 1.0877 acre parcel. The result of
the subdivision would create two one acre parcels which do not exceed the
maximum density permitted within the "2.0 -Very Low Density Residential (0-1
du/acre)" designation. Further the addition of approximately 10,105 square feet to
the existing 1.0877 acre parcel would not result in a parcel which exceeds the
permitted maximum density. Because the proposed map does not exceed the
maximum density permitted within the "2.0 -Very Low Density Residential (0-1
du/acre)" and the proposed subdivision is consistent with adjacent and neighboring
lots it is found to be consistent with the General Plan.
2. The proposed map does not consist of any improvements to the land. The applicant
has suggested that in the future the subdivided sites would be developed as single
family dwellings, which would be consistent with the existing residential character of
the neighborhood. The site is adequately served by all utilities and has appropriate
vehicle access. Therefore the proposed design of the subdivision is consistent with
the General Plan.
3. As previously stated no development is proposed at this time. The sites would
potentially be developed as single family dwellings, however not at this time. The
topography of the land is relatively flat, is adequately served by utilities and has
appropriate access. While no development is proposed, the site would be physically
suitable for the permitted uses of residential dwellings and therefore is consistent
with this finding.
4. As previously discussed the parcels to be affected by this subdivision are located
within the "2.0 -Very Low Density Residential (0-1 du/acre)" General Plan
designation. The General Plan maximum density is 0-1 du/acre, with an average of
1 dwelling unit per acre. The proposed map would create two one acre parcels and
add 10,105 square feet to the adjacent developed 1.0877 acre parcel. These
densities are in line with the General Plan's requirements. The proposed density
would not result in a change to neighborhoods character and proposes densities
consistent with other development in the adjacent community. Therefore the
proposed subdivision is physically suitable for the proposed density.
5. There are no fish or wildlife habitats adjacent or within proximity to the proposed
subdivision. Further no new development is proposed at this time. Due to the lack of
habitat adjacent or within proximity to the subject parcels, the proposed subdivision
would not cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
6. The proposed subdivision will not cause serious public health problems because the
subdivision will create an additional lot which is consistent with the other residential
PC Resolution 08-11-13-01 3 November 13, 2008
uses adjacent to the site. Therefore it is not anticipated that the proposed
subdivision would result in serious health problems.
7. The proposed subdivision has several public easements that are a part of the
current property. The subdivision would not result in a conflict with these easements
asthey would remain in place. Further the Municipal Code establishes that
improvements could not be placed in easement areas, therefore any future
proposed improvements would not be able to block access through the property.
Therefore there is no conflict with easements acquired by the public at large for
access through, or the use of, property within the proposed subdivision.
8. The proposed subdivision is situated in a previously developed residential
community. In review of the General Plan Cultural Resources Element Figure CR1
Locations of Historic Buildings and Structures this site is not identified on the map.
Further in review of the General Plan Cultural Resources Element Figure CR2
Locations of Prehistoric and Historic Archaeological Resources, this site is not
located within the specified areas. Due to the subdivision not having direct impacts
on existing historic sites and not being located within the General Plan identified
areas of Prehistoric and Historic Archaeological resources it is determined to not
interfere with the maintenance or preservation of an historic site.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends approval of the
project .
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following the approval by the City Council. This project approval shall be
valid for a period of 24 months from the date of approval of the project, unless a time
extension request or building and/or grading permit application related to this discretionary
approval is submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 13th day of November, 2008, by
the following vote, to wit:
AYES: Chairman Cohen, Commissioners Cardoza, Kerr, Neely.
NOES:
ABSTAIN: Commissioner Ratcliffe
ABSENT:
Sheldon Cohen, Chairman
4
November 13. 2008
Director