PC Resolution-05-12-13-01 (2)RESOLUTION NO. 05-1 2-1 3-1
TENTATIVE PARCEL MAP (TPM) 05-230,
COSTCO CENTER
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO RECOMMENDING APPROVAL OF A TENTATIVE
PARCEL MAP TO CREATE 2 LOTS AND FINDING THE PROJECT
EXEMPT FROM CEQA, ON 4 ACRES LOCATED 30 FEET WEST OF
DOHENY PARK ROAD AND 650 FEET NORTH OF VICTORIA
CASTLE INTERNATIONAL, INC.)
BOULEVARD (ASSESSOR’S PARCEL NUMBERS 121 -254-26,37; PACIFIC
Whereas, the applicant, AKO Engineering, Inc., requests approval of a
subdivision map to subdivide a 4.0 acre parcel into two commercial lots. The lots will be divided
in the following manner: (Lot A) 1.5 acres and (Lot B) 2.5 acres. The property is currently
developed with two commercial buildings (PetsMart and Staples), and the proposed tentative
parcel map will not result in any significant physical changes to footprint of the existing
commercial buildings. The property has a General Plan designation of “QI” (Quasi-Industrial),
and has a Zoning Designation of “PC” (Planned Community), has an adopted SDP (Specific
Development Plan) 87-01 (Price Club/ Costco Center); and,
Whereas, the proposed project has been processed pursuant to Section 9-2.345,
Development Review of the Land Use Code; and,
.d
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 all mitigation measures will be included in the final approving resolution as
conditions of approval; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing on
November 8,2005 and November 22,2005 and December 13,2005 pursuant to the provisions
of Section 9-2.335 of the Title 9, Land Use Code, Administrative Policy 409, and Planning
Department Policy 51 0 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:
1. The proposed map is consistent with the applicable General Plan and Specific Plans
because the property has a General Plan designation of Quasi Industrial which allows
limited regional and sub-regional commercial activities and is zoned Planned Community
(PC) Specific Development Plan (SDP) 87-01 (Price Club/ Costco Center). The
proposed tentative parcel map is consistent with the General Plan because the
commercial center is existing and is a permitted use and the proposed subdivision will
not affect the existing uses.
PC Resolution 05-12-1 3-1 2 December 13,2005
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3.
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5.
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8.
The design or proposed improvements of the proposed subdivision are consistent with
the applicable General Plan and Specific Plans because the proposed subdivision will
result in the creation of two legal lots for existing commercial buildings which have
existing and approved improvements with respect to utilities and access and are
consistent with the General Plan and Specific Development Plan (SDP) 87-01.
The site is physically suitable for the type of proposed development because the site is
currently developed with two commercial buildings and the buildings will remain in place
and will not be modified by this subdivision.
The site is physically suitable for the proposed density of development because the site
is developed with commercial buildings and associated improvements including access
and utilities as required by Specific Development Plan (SDP) 87-01.
The design of the subdivision and the improvements are not likely to cause substantial
environmental damage or substantially and avoidable injure fish or wildlife or their habitat
because the design of the proposed subdivision will result in the creation of a lot
subdivision which has two existing commercial buildings that will remain in place and will
not be modified by this subdivision. The site is bordered by commercial development to
the south and to the north, San Juan Creek to the west, and Doheny Park Road to the
east, and because the project will not result in physical changes to the site, the project
will not create the potential to adversely affect off-site fish or wildlife habitat.
The design of the subdivision or the type of improvements are not likely to cause serious
public health problems because the two existing commercial buildings are similar to and
compatible with adjacent commercial development to the north and south of the project
site, and all required codes and conditions to protect public health have been met on the
site.
The design of the subdivision or the type of improvements will not conflict with
easements acquired by the public at large for access through, or the use of, property
within the proposed subdivision because the access driveway is privately maintained by
the commercial center and all easements have been noted on the tentative parcel map.
The design of the subdivision or improvements will not interfere with the maintenance or
preservation of an historical site because the proposed project does not include any
historic sites. The commercial center is existing and the commercial buildings will
remain in place and will not be modified by this subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends approval of the project
subject to the conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
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.
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PC Resolution 05-12-13-1 3 December 13.2005
PASSED, APPROVED AND ADOPTED this 1 3fh day of December, 2005, by the u
following vote, to wit:
AYES: Commissioner Ratcliffe, Vice Chairman Cardoza and Chairman Neely
NOES: None
ABSTAIN: None
ABSENT: Commissioners Drey and Cohen
P:\Planning\Archive\TPM PROJECTS\TPM05-230 Pacific Castle (Costco)\TPM 05-230 PC reso 05-12-1 3-1 .doc
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EXHIBIT A: CONDITIONS OF APPROVAL
PLANNING COMMISSION RESOLUTION 05-1 2-1 3-1
Project #: TPM 05-230 Project Name: Costco Center (Pacific Castle)
These conditions of approval apply to Tentative Parcel Map # 05-230, to subdivide a 4
acre parcel to create 2 lots. Parcel ‘A’ will encompass 1.5 acres and Parcel ‘B’ will
encompass 2.5 acres. The existing commercial buildings will remain in place and will
not be modified by this subdivision. The project is generally located approximately 30
feet west of Doheny Park Road and 300 feet south of Camino Capistrano. Any
proposed change to this approval shall be submitted to the City Planning Department
along with the required application and fee, for review. For the purpose of these
conditions, the term “applicant” shall also mean the developer, the owner or any
successor(s) in interest to the terms of this approval.
General Conditions:
1.
2.
3.
4.
Tentative Parcel Map # 05-230 is granted to subdivide a 4 acre parcel to
create 2 lots: Parcel ‘A’ (1.5 acres) and Parcel ‘B’ (2.5 acres). The
existing commercial buildings will remain in place and will not be modified
by this subdivision. This approval is granted based on the application
materials submitted by OK0 Engineering, Inc. on December 2, 2005,
prepared by OK0 Engineering, Inc including tentative parcel map. These
plans are approved as submitted and conditioned herein, and shall not be
further altered unless reviewed and approved by the affected city
departments. Minor modifications to this approval which are determined
by the Planning Director to be in substantial conformance with the
approved site plan, and which do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
Planning Director upon submittal of an application and the required fee.
Any application for an extension of time shall be submitted to the Planning
Department, along with the required fee, at least ninety (90) days prior to
the expiration date of this approval.
Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
Resolution 05- 12- 13- 1
TPM 05-230, Costco Center (Pacific Castle)
Final Conditions of Approval
Date: December 13, 2005
Page 2 of 4
5.
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concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
The applicant shall pay all fees at the time fees are determined payable
and comply With all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
The applicant is responsible for paying required fees to the California
Department of Fish and Game, and any related fee of the County of
Orange for processing environmental documents.
The following conditions shall be completed prior to Final Map Approval:
9. - Compliance. Prior to Final Map Approval, the TracVParcel Map shall be
developed in full compliance with the State of California Subdivision Map
Act and the City of San Juan Capistrano Municipal Code, except as
authorized by the City Council and/or Planning Commission. The
attention of the Developer and his Engineer is directed to Section 9-2.3
and 9-4 of the Municipal Code. (ENG)
IO. - Pay Fees and Post Sureties. Prior to Final Map Approval, the applicant
shall fulfill all applicable engineering fee requirements in accordance with
the City Municipal Code, Section 9-2.316, the Capistrano Valley Water
District Schedules of Rates and Charges, as last revised, and post
securities to insure satisfaction performance of proposed on-site and off-
Resolution 05- 12- 13- I
TPM 05-230, Costco Center (Pacific Castle)
Final Conditions of Approval
Date: December 13, 2005
Page 3 of 4 u
site grading, drainage, landscape and irrigation, erosion and sediment
control, sewer, water, street and all appurtenant improvements. (ENG)
11. - Tentative Map Compliance and Closure Calculations. Prior to Final Map
Approval, the applicant shall submit to the City Engineer for review and
obtain approval for a Final Map in substantial compliance with the
approved Tentative Map. Said Map shall be accompanied with traverse
closure calculations a plotted American Land Title Association (ALTA)
survey and an updated Title Search Report. (ENG)
12. - Street Access Release. Prior to Final Map Approval, the applicant shall
indicate and show on the Final Map the following release: ‘Subdivider
hereby releases and relinquishes to the City of San Juan Capistrano, all
vehicular access rights to Doheny Park Road except at street intersections
and City approved driveway locations”. (ENG)
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13. - Submission of Digital Map per County Requirement. Prior to recordation
of the Final Map, the applicant shall submit for review and obtain approval
of the Orange County surveyor for, a digital TracUParcel Map pursuant to
Orange County Ordinance 3809 of January 28, 1991. The applicant shall
pay for all cost of said digital submittal including supplying digital copies,
to the City, of the final County Surveyor approved digital map in a .PXF
format. In addition, the applicant shall provide the City with digital copies
of all improvement plans and as-builts in the digital format. (ENG)
14. - Reciprocal Agreements. Prior to Final Map Approval, the applicant shall
prepare and submit to the City Engineer for review and shall obtain
approval for the proper easement and agreement documents associated
for maintenance, reciprocal parking and access purposes (ENG)
15. - Existing Easements. Prior to Final Map Approval, the applicant shall
incorporate into the project design all existing easements (parking, utilities,
access) within the project boundaries, or obtain abandonment of said
easements from the affected easement holder(s). If this requirement
cannot be accomplished, the project shall be redesigned accordingly as
approved by the City. (ENG) (PW)
16. - Dedication of Water Rights. Prior to Final Map approval, the applicant
shall dedicate, at no cost to the City, all water rights. (PW)
- Resolution 05- 12- 13- I
TPM 05-230, Costco Center (Pacific Castle)
Final Conditions of Approval
Date: December 13, 2005
Page 4 of 4 L
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Applicant Acceptance of Conditions of A p p rova I :
By:
OK0 Engineering, Inc. Date
Its:
Title
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