PC Resolution-07-05-22-02PC RESOLUTION NO. 07-5-22-2
Architectural Control (AC) 06-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO DENYING ARCHITECTURAL CONTROL (AC) 06-12 FOR AN
ADDITION/REMODEL OF AN EXISTING BUILDING REFERRED TO AS MEXICO
LINDO-VAQUERO WEST LOCATED AT 26755 VERDUGO STREET, GENERALLY
LOCATED EAST SIDE OF "THE SANTA FE RAIL DEPOT" AND NORTH OF THE
FRANCISCAN PLAZA -CELEBRITY THEATERS, AND MORE PRECISELY REFERRED
TO AS ASSESSORS PARCEL NUMBER APN 121-141-11 (ERIC ALTMAN).
Whereas, Eric Altman, 26755 Verdugo Street , SJC, CA 92675 has
requested approval of Architectural Control to allow the Addition/Remodel of the existing
Mexico Lindo-Vaquero West building on property located at 26755 Verdugo Street which is
General Plan -designated General Commercial (GC) and classified as Tourist Commercial
(TC) on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Planning Commission's action is not subject to the California
Environmental Quality Act (CEQA) because projects that are rejected or disapproved are
exempt from CEQA pursuant to Public Resources Code, §21080(b)(5)); and,
Whereas, the Planning Commission conducted a duly -noticed public meeting
on May 22, 2007 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339,
Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy
510 to consider public testimony on the proposed project and has considered all relevant
public comment.
Whereas, Land Use Code Section 9-2.313(c) requires the Planning
Commission to make six findings in order to approve an Architectural Control and
Modification thereto, and the Planning Commission has determined that the following two
findings cannot be made, as explained below:
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The site plan is compatible with surrounding existing and proposed
land uses.
Finding: The proposed project is not compatible with surrounding
existing land uses because of the size and massing of the proposed
building on the site. The proposed building is massive and will be
visually overwhelming and obtrusive, particularly from public viewing
areas, including the heavily used train depot, nearby restaurants and
other existing structures in this visually sensitive area of the City.
PC Resolution 07-5-22-2 2 May 22, 2007
2. The general design considerations, including the character, scale and
quality of the design are consistent with the adopted Architectural
Design Guidelines of the City.
Finding: The general design, character and scale of improvements
are not consistent with the goals, policies and objectives of the
Architectural Design Guidelines of the City because limited landscape
areas and containerized plantings will not be sufficient to soften the
massiveness of the building and because the proposed architecture is
not complimentary with the surrounding buildings.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds
the proposed Addition/Remodel of the existing Mexico Lindo-Vaquero West building is not
compatible with the surrounding land uses and with the Architectural Design Guidelines of
the City, and the requirements for findings as outlined in the Land Use Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby denies Architectural Control (AC)
06-12 based upon the findings set forth herein.
EFFECTIVE DATE & FINAL APPROVAL: The decision of the Planning
Commission shall become final and effective following expiration of the fifteen (15) day
appeal period without filing of an appeal, and the appeal period shall expire at 5:00 p.m.,
Wednesday, June 6, 2007.
PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007, by the
following vote, to wit:
AYES: Chairman Cardoza, Commissioners Cohen, Neely
NOES: None
ABSTAIN: None
ABSENT: Commissioner Ratcliffe
Robert Cardoza; Chairman
Steven Apple, Al , P nning Director,
Secretary
PAPlanning\Projects\AC PROJECTS 2000-1Ac0612VaqueroWestlac0612 PC reso 22May07 revsd deniai.doc