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PC Resolution-06-05-09-01RESOLUTION NO. 06-05-09-1 ARCHITECTURAL CONTROL (AC) 01-04, SAN JUAN CAPISTRANO ANIMAL ADOPTION CENTER A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AN EXTENSION OF TIME TO ARCHITECTURAL CONTROL 01-04 FOR AN ANIMAL ADOPTION CENTER ON A 33,000 SQUARE FOOT PORTION OF THE CITY'S NORTHWEST OPEN SPACE PROPERTY LOCATED AT 30303 CAMINO CAPISTRANO AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 121-050-21 (CAPISTRANO ANIMAL RESCUE EFFORT) Whereas, Capistrano Animal Rescue Effort, a California non-profit corporation, has requested approval of an extension of time to Architectural Control 01-04 to allow an animal adoption center on a 33,000 square foot portion of the City's Northwest Open Space property located at 30303 Camino Capistrano which is General Plan - designated CP (1.3 Community Park) designation and classified as CP (Community Park) on the Official Zoning Map; and, Whereas, the City Council approved a 25 -year license agreement with the Capistrano Animal Rescue Effort to use a portion of the City's Northwest Open Space property to (1) establish and operate an animal adoption center to provide shelter and medical care for stray, abandoned, or owner relinquished animals of San Juan Capistrano; (2) to actively pursue suitable adoptions for all adoptable and treatable animals; (3) to promote and support spay/neuter programs; and (4) to prevent cruelty to animals by supporting animal welfare legislation and education; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, The City's Environmental Administrator has determined that the Negative Declaration that was approved by the Planning Commission on August 26, 2003, meets all requirements of the California Environmental Quality Act (CEQA), and has determined that no further environmental review is necessary, because the project is consistent with the planned use of the site in the prior Negative Declaration; and, Whereas, the Planning Commission conducted a duly noticed public meeting on May 09, 2006 pursuant to Section 9-2.339 of the Municipal Code to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings: PC Resolution 06-05-09-1 2 May 9, 2006 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan; and, 2. The proposed project complies with all applicable provisions of the Land Use Code subject to the mitigation measures and conditions of approval contained in this resolution; and, 3. The proposed use for the 33,000 square foot portion of the City's Northwest Open Space property has been approved by the City Council in a license Agreement dated March 6, 2001. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends approval of a one (1) year extension of time to Architectural Control 01-04, subject to the conditions of approval established by Planning Commission Resolution 03-08-26-1, attached hereto and incorporated herein as Exhibit A. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at 5 p.m. on the 24th day of May, 2006. This project approval shall be valid for a period of one (1) year from the date of the prior approval expiration date of August 9, 2006, and shall expire on August 9, 2007. A time extension request or subsequent permit application related to this discretionary approval must be submitted to the City prior to that date. PASSED, APPROVED AND ADOPTED this 9th day of May, 2006, by the following vote, to wit: AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Neely and Chairman Cardoza NOES: None ABSTAIN: None ABSENT: None ;;Robe ardoza, Chair an 1A t Molly Bo , PI ning Director, Secretary