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PC Resolution-08-04-22-03PLANNING COMMISSION RESOLUTION NO. 08-4-22-03 RZ 07-008: STEVENS PROPERTY A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO FORWARDING PROPOSED REZONES TO THE CITY COUNCIL WITH RECOMMENDATIONS WHEREAS, Roy Stevens, 27401 Ortega Highway, San Juan Capistrano 92675 has applied for the rezoning of his property, located at the same address (APN 650-201-12, as depicted on Exhibit A attached hereto), to "GC — General Commercial" or to "RA — Residential/Agricultural"; and WHEREAS, on February 12 and April 22, 2008, the Planning Commission of the City of San Juan Capistrano conducted a duly -advertised public hearing regarding the proposed amendments and considered evidence presented by the City staff and other interested parties; and WHEREAS, The Planning Commission finds as follows regarding the proposed zoning: 1. GC — General Commercial Zoning: The GC district's permitted commercial uses, which include restaurants, offices, retail stores, and similar uses, are not compatible with the surrounding low density residential uses in terms of noise, traffic, view impacts, and light and glare. In addition, the zoning is not consistent with the existing General Plan designation on the property of "Low Density Residential" per the City's Land Use Code (Section 9-2.101 and Table 2-1: "Zoning Consistency Matrix"). 2. RA — Residential/Agricultural Zoning: RA zoning is not consistent with the existing General Plan designation on the property of "Low Density Residential" per the City's Land Use Code (Section 9-2.101 and Table 2-1: "Zoning Consistency Matrix"). NOW THEREFORE BE IT RESOLVED, that, based on the preceding findings, the Planning Commission hereby forwards the subject rezones to the City Council with the following recommendations: 1. Denial of the proposed rezone to GC — General Commercial. 2. Denial of the proposed rezone to RA — Residential/Agricultural. BE IT FURTHER RESOLVED, that a rezone to the RA district will be reconsidered in conjunction with application for a General Plan Amendment for the property to a land use designation consistent with RA zoning, as provided in the Land Use Code. Resolution No. 08-04-22-03 Page 2 PASSED, APPROVED AND ADOPTED this 22 d day of April, 2008 by the following vote, to wit: AYES: Chairman Cohen, Commissioners Cardoza, Kerr, Neely and Ratcliffe NOES: None ABSTAIN: None ABSENT: None Sheldon Cohen, Chairman Steven Apple, ommission Secretary RESOLUTION EXHIBIT A: CURRENT ZONING OF SUBJECT PROPERTY I Stevens Property 11