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Ordinance Number 1075ORDINANCE NO. 1075 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01, SECTOR A- 1, TO EXPAND THE ALLOWABLE USES FOR PROPERTY LOCATED AT 27184 ORTEGA HIGHWAY (APN: 666-241-08) AND 27182 ORTEGA HIGHWAY (APN: 666-241-09) AND TO ESTABLISH NEW PARKING STANDARDS AT 27184 ORTEGA HIGHWAY (APN 666-241-08) (APPLICANT: CAPO OAKS, LLC) (APPLICANT: CAPD OAKS, LLC) Whereas, Terry Keenen of Capo Oaks, LLC, 27184 Ortega Highway #103, San Juan Capistrano, CA 92675, has requested approval of CA 19-001 to expand the allowable uses within Sector A-1 (APN 666-241-08 and 666-241-09) and to establish new parking standards for The Capistrano Collection commercial center located at 27184 Ortega Highway (APN: 666-241-08). The subject properties (APN 666-241-08 and 666- 241-09), generally located on the south side of Ortega Highway and west of Rancho Viejo Road, has a General Plan Land Use Designation of General Commercial and a Zoning Designation of Planned Community; and, Whereas, Capo Oaks, LLC and 27184 Ortega, LLC are the owners of real property located at 27184 Ortega Highway (APN: 666-241-08); 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 entire project is categorically exempt from further review under Section 15301 Existing Facilities (Class 1). The entire project is exempt under Section 15301 because this exemption allows the negligible expansion of an existing use. A Notice of Exemption (NOE) would be filed with the County Recorder's Office within 5 days should the project receive final approval; and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies; and, Whereas, the Planning Commission conducted a duly -noticed public hearing on October 22, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public testimony on the proposed project and has considered all relevant public comments and all documents and evidence submitted, including but not limited to the staff report and attachments, and materials submitted by the applicant; and, 01075 Whereas, on December 3, 2019, the City Council held a duly noticed public hearing to consider the provisions of this Ordinance and following receipt of all written and oral public comments, the City Council closed the public hearing, considered the evidence presented, and deliberated. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of San Juan Capistrano hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance as if fully set forth herein. SECTION 2. CEQA. This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). The City's Environmental Administrator has determined that the entire project is categorically exempt from further review under Section 15301, "Existing Facilities" (Class 1). The Class 1 exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of an existing use or former use. The parcels that are developed with the Forster Mansion (APN 666-241-09) and The Capistrano Collection commercial center (APN 666-241-08) have a General Plan Land Use designation of General Commercial, which is intended to serve a community -wide area and population and generally include professional and business offices, retail and commercial services, public facilities, and other uses that are determined to be compatible with primary uses. The proposed additional uses are consistent with the General Commercial Land Use Designation, are consistent with uses currently permitted within Sector A-1 of CDP 78-1, consistent with the existing uses operating within the Sector, and consistent within the city's commercial zoning districts. The proposed uses consist of retail uses (Pet stores) and service commercial uses (financial services, recreation and leisure uses, schools, and massage therapy) that are substantially similar to the existing uses which consist of retail, medical/dental offices, and service commercial uses. Therefore, the proposed uses represent a negligible expansion of existing uses. A Notice of Exemption (NOE) will be filed with the County Recorder's Office within 5 days should the project receive final approval. SECTION 3. Code Amendment 19-001 The proposed Land Use Code amendment conforms with General Plan Land Use Goal 1, Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities, and Land Use Goal 6, Enhance or redevelop underperforming commercial centers, because the amendment will diversify 2 01075 the land use composition, enhance the performance of The Capistrano Collection commercial center by adding commercial uses that are compatible with the existing land uses, generate sales tax revenue by increasing the ability of the commercial center to attract new commercial users through the expanded uses and establishment of new parking standards, and ensuring each proposed use remains compatible with the existing and future land uses and character of the City, as well as ensuring adequate public facilities and services. 2. The amendment is necessary to implement the General Plan and to provide public convenience because the expansion of the allowable uses and establishment of new parking standards would implement General Plan Land Use Goal 1, Develop a balanced land use pattem to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities, and Land Use Goal 6, Enhance or redevelop underperforming commercial centers, and would provide for public convenience by increasing the ability of the two commercial properties to attract new commercial users that could provide a convenience to the public while remaining compatible with the surrounding uses. 3. The proposed Land Use Code amendment conforms with the intent of the Development Code because the purpose of Sector A-1 is to create a high quality planned commercial development that provides a broad range of retail uses, and service commercial uses in accordance with the Comprehensive Development Plan, PC District regulations, and General Plan. The expansion of allowable uses and the establishment of new parking standards would allow the two commercial properties to attract commercial uses similar to those currently allowed within Sector A-1 of CDP 78-1. 4. The proposed Land Use Code amendment is reasonable and beneficial at this time because it encourages orderly development. Furthermore, the proposed expansion of uses and establishment of new parking standards are reasonable in that they conform to the General Plan and to the purpose and intent of Sector A-1 of CDP 78-1. SECTION 4. Amendment of Comprehensive Development Plan 78-1 The proposed amendment to Sector A-1 of the Ortega Planned Community CDP 78-01 through Code Amendment 19-001, and bearing the file number as follows: Code Amendment 19-001, is hereby approved, and hereby adopted by the City Council and incorporated as part of Comprehensive Development Plan 78-1, provided in this Ordinance as Exhibit A. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of Jthis Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part hereof. The 3 01075 City Council of the City of San Juan Capistrano hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 6. Publication. The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Capistrano Dispatch, a newspaper of general circulation that is printed, published, and circulated in the City of San Juan Capistrano. SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted and published in the manner required by law. SECTION 6. Location and Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk's office located at 32400 Paseo Adelanto, San Juan Capistrano, California 92775. The custodian of these records is the City Clerk. SECTION 9. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED AND ADOPTED this 21s� of January 2020. TROY A. BOURNE, MAYOR 01075 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE )as. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1075 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 311 day of December 2019 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 21 s' y of January 2020 by the following vote, to wit: AYES: //¢�OUNCIL MEMBERS: Reeve, Farias, Maryott, Taylor and Mayor Bourne NOES J pOUNCIL MEMBERS: None ABSE T: OUNCIL MEMBERS: None CITY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 5th day of December 2019, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01, SECTOR A-1, TO EXPAND THE ALLOWABLE USES FOR PROPERTY LOCATED AT 27184 ORTEGA HIGHWAY (APN: 666-241-08) AND 27182 ORTEGA HIGHWAY (APN: 666-241-09) AND TO ESTABLISH NEW PARKING STANDARDS AT 27184 ORTEGA HIGHWAY (APN 666- 241-08) (APPLICANT: CAPO OAKS, LLC) (APPLICANT: CAPO OAKS, LLC) 01075 This document was posted in the Office of the City Clerk MARIA MORRIS, CITY CLERK San Juan Capistrano, California STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 23rd day of January 2020, 1 caused to be posted a certified copy of Ordinance No. 1071, adopted by the City Council on January 21, 2020, entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01, SECTOR A-1, TO EXPAND THE ALLOWABLE USES FOR PROPERTY LOCATED AT 27184 ORTEGA HIGHWAY (APN: 666-241-08) AND 27182 ORTEGA HIGHWAY (APN:666-241-09 AND TO ESTABLISH NEW PARKING STANDARDS AT 27184 RTEGA HIGHWAY (APN 666- 241-08) (APPLICANT: CAPO OA C) (APPLICANT: CAPO OAKS, LLC) This document was posted in the Offce of the C ty C erk San 01075 City of San Juan Capistrano 1 Ortega Planned Community I. Planning Sector A-1 A. Purpose and Intent: The purpose and intent of these regulations is to create a high quality planned commercial development that provides for a broad range of retail uses, and service commercial uses in accordance with the Comprehensive Development Plan, PC District Regulations, and General Plan. B. Principle Uses Permitted: 1. General retail, including the retail sale of furniture, home appliances hardware, paint, floor and wall coverings, auto parts and supplies, bicycles, sporting goods, hobby supplies, apparel, fabrics, jewelry, cosmetics and pharmaceutical, stationery, flowers, candy, baked goods, liquor, newspapers, magazines, and similar uses. 2. Commercial services, including home appliance repair, bicycle repair, cleaning and dyeing agencies, laundromats, barber and beauty shops, tailor shops, art and photography studios, printing and reproduction services (excluding newspaper or other publishing), travel agencies, and similar uses. 3. Food and lodging uses including hotels and motels, restaurants (except drive-in or drive-thru), ice cream parlors, delicatessens, cocktail lounges, taverns, and small scale grocery, meat or liquor not to exceed a maximum of 5,000 square feet. 4. Business offices incidental to the operation of a permitted use. 5. Caretaker residence as an ancillary to a permitted use. 6. General office uses including, but not limited to, attorneys, bookkeeping, consulting (i.e., psychologist and psychiatrist), engineers, travel agency, brokers (including real estate, mortgage, commodities, personal property, stock securities, bonds, etc.), real estate (including consulting, developers, investment, lending, and escrow), employment agencies, insurance office and agent services, property management services, advertising agencies, communications (including answering services, cable services) general contractor's headquarters, graphic services, word processing, desktop publishing, mailing and postal services, personnel agencies, welcoming center and services, visitor center, private investigator, personal property rental, and computer consulting and system services. 7. Medical and dental offices, including but not limited to, medical doctors, dentists, orthodontists, physical therapists, x-ray/MRl labs, health maintenance organization, chiropractors, etc. 8. Senior apartments. 9. Single-family residence (location per area plan) in addition to the principal uses listed above, the following uses are only permitted for property at 27184 Ortega Highway (APN. 666-241-08) and 27182 Ortega Highway (666-241-09) 10. Financial Services to include banks, savings and loan associations, credit unions and similar uses. Excludes check cashing facilities. 11. Pet Stores including grooming, pet food, pet merchandise and similar uses. 12. Recreation and Leisure uses without outdoor facilities including athletic/health clubs, fitness training, commercial recreation and similar uses. Excludes bowling lanes, ice and roller skating rinks, and theaters. 13. Schools (business vocational, professional schools not requiring outdoor facilities) to also include secretarial, art/dance, drama, music schools and similar uses. Excludes swimming schools, preschools, and public and private primary and secondary schools. 14. Public Buildings and Facilities including museums, libraries, govemmental buildings, parks, public utility offices and exchanges, bus, taxicab, railroad stations, tourist information centers, police stations and fire stations. C. Conditional Uses: 1. Veterinary offices and clinics. 2. Cabarets and nightclubs. 3. Dancing and live entertainment. 4. Interior decorators office. 5. Commercial center City of San Juan Capistrano 2 Ortega Planned Community In addition to the conditional uses listed above, the following use is only permitted for property at 27184 Ortega Highway (APN. 666-241-08) and 27182 Ortega Highway (666-241-09) 7 6. Massage Therapy as defined in Section 5-24.02 of the San Juan Capistrano Municipal Code D. Area Plan Requirements: Prior to the approval of any development application, an Area Plan shall be submitted to the Planning Commission. Furthermore, the Area Plan shall be approved by the Planning Commission for the entire Planning Sector in which a proposed project is located. The Area Plan for the planning sector shall include the following: 1. A Conceptual Site Plan indicating the general pattern and location of building sites, parking areas, streets, pedestrian access, open space, and landscaping. 2. A Conceptual Grading Plan indicating the general quantity, depth, and extent of the proposed grading, in relation to the existing contours and areas to remain in their natural state. 3. Architectural Design Concepts indicating the general building architecture, form, scale, materials, colors, textures, outdoor lighting, and graphics. 4. A Conceptual Landscape Plan indicating the general pattern and location of landscape areas, and the types of plant materials. The above shall be subject to Section 9-2.306 (Design Review for nonresidential projects or residential projects with a gross density acre or more) of Title 9 of the San Juan Capistrano Land Use Municipal Code. E. Development Standards: 1. Min. Lot Size: 7,200 square feet. 2. Min. building setbacks: 30 feet adjoining Ortega Highway, La Novia Avenue, Rancho Viejo Road, and Calle Arroyo. 3. Max. building height: 35 feet and/or two -stories; and, 16 feet for structures within 50 feet of Ortega Highway, La Novia Avenue, or Calle Arroyo. 4. Min. oven area width: 30 feet adjacent to Ortega Highway, La Novia, Rancho Viejo Road, and Calle Arroyo. 5. Min. landscaped area: 10 square feet of landscaping for every 100 square feet of parking. 6. Parking screening: Parking shall be landscaped, using linear or grouped masses of shrubs and trees, so as to screen the areas from adjacent public streets views. 7. Parking Requirements: Parking shall be provided in accordance with the provisions of Article 6 (Supplemental District Regulations) of Title 9 of the San Juan Capistrano Municipal Code. The following parking requirements only apply to property at 27184 Ortega Highway (APN.- 666-241-08) • General retail. • 1.0 off-street parking space per each 325 square feet of gross floor area • General office: 2.7 off-street parking spaces per 1,000 square feet of gross floor area • Health studio, spa, and athletic clubs: 1.0 off-street parking space per 200 square feet of gross floor area • Restaurants, cafes, taverns, and cocktail lounges: 1.0 off- street parking space per each 50 square feet of dining or drinking area, but not less than 8.0 off-street parking spaces per each such use (excludes area devoted to restrooms, kitchens, storage, and equipment areas) City of San Juan Capistrano 3 Ortega Planned Community • Beauty Salon: 2.5 off-street parking spaces per beautician station, but not less than 6.0 per each such use `'"' • Medical and dental offices: 1.0 off-street parking space per each 250 square feet of gross floor area NOTE: Text provided in black represent the existing development regulations. Text provided in red italics represent the proposed amendment to the Comprehensive Development Plan.