City of San Juan Capistrano Agenda Report

Transcription

1 ITEM E3 City of San Juan Capistrano Agenda Report TO: FROM: DATE: SUBJECT: Planning Commission Development Services Department Prepared & Submitted by: David Contreras, Acting Assistant Development ~ Services Director Reviewed by: Sergio Klotz, AICP, Acting Development Services Director Pafov ~ ~ Consideration of Planning Commission Interpretation (PCI) , South Orange County Bridge & Education Center; a request for consideration of a land use interpretation, located at Rancho Viejo Road, Suites and generally located 350 feet south of Avenida Los Cerritos and 200 feet west of Rancho Viejo Road (APN ) (Applicant: South Orange County Bridge & Education Center, Cassie DeYoung) (Project Manager: David Contreras, Acting Assistant Development Services Director) RECOMMENDATION: By motion, Provide a land use interpretation regarding the proposed use located in Building A4 Suites of the Ortega Ranch Comprehensive Development Plan (COP) OWNER/APPLICANT: Applicant: South Orange County Bridge & Education Center c/o Cassie DeYoung Dana Harbor Drive, Suite B130 Dana Point, CA Property Owner: Seligman Western Enterprises Rancho Viejo Road, Suite 101 San Juan Capistrano, CA EXECUTIVE SUMMARY: On November 3, 2015, Ms. Cassie DeYoung submitted a request for a Planning Commission Interpretation regarding a business license application for a proposed Bridge and Education Center. The Acting Development Services Director had initially reviewed the business license application and determined that the business did not

2 Page 2 of 5 qualify for an over-the-counter approval of a business license. Staff is requesting that the Commission review the business license application/business description and the allowable uses within COP and provide a land use interpretation. BACKGROUND: General Location: Assessor's Parcel Number: Related Cases: Existing General Plan Land Use Designation: Zoning District: Current Use of Property: Rancho Viejo Road, Suites 205, 206 and 207; located west of Rancho Viejo Road and south of Avenida Los Cerritos. Assessor Parcel Number Not Applicable Office/Research Park (0/RP) PC (COP) Office Surrounding General Plan Land Use Designations, Zoning Districts, and Use of Properties: Direction General Plan Zoning District Current Land Use Land Use f)esignation North Neighborhood Planned Community Commercial Commercial 1 PC)(CDP86-4) South ~eneral Commercial Planned Community ~ommercial 1 PC)(CDP78-1) East Medium Low Planned Community Residential Density/Median (PC)(CDP01-01) Density West K>ffice/Research Office Commercial Commerciai/Residentia I Park DISCUSSION/ANALYSIS: Business Land Use Description : The applicant has submitted a business license application that identifies the Bridge and Education Center as a not-for-profit 501 C (7) organization that offers classes to the community and identifies the use as "civic" (Attachment 1). The application states, "We will be a valuable addition to the San Juan Capistrano community as we provide a needed recreational, social and educational venue for senior citizens and other

3 Page 3 of 5 members of the community. Our use is consistent with the Ortega Ranch Comprehensive Development Plan as our use is civic and both civic and public uses are specifically identified in the COP as permitted uses." The application notes that educational classes would be advertised through the City of San Juan Capistrano's Community Services Department. Ortega Ranch Comprehensive Development Plan (COP) : The proposed request is specifically located in Planning Area 1, Building A4, and Suites , and page 18 of COP provides the following: B. Commercial Land Use Regulations The purpose and intent of the Office Commercial District is to P'?iiiae fo.r the development of office centers and accessory retailing and service uses to perm1tted off1ce uses and provide for the small-scale development of ofrtce complexes and individual buildings which can be located so as to be compatible with adjacent properties. Permitted principal uses and/or structures in Planning Areas 1 and 2 are as follows: 1. Permitted Uses and Structures Otnce Buildings Medical and Dental Otnces Civic Buildings Support retail and commercial businesses (Not exceeding 4,000 sq. ft. gfa for any single business) A I + IS I Service commercial businesses Open Space Parks Drainage facilities and detention basins Public buildings, facilities and utilities Telecommunication facilities Not to exceed 15,000 sq. ft. gross floor area 2. Accessory Permitted Uses and Structures Garages and carports Accessory structures such as gazebos, cabanas and storage buildings Water fountains and related equipment Fences and walls (including retaining, garden and screen walls) Trash enclosures Any uses or structures that the Planning Director finds to be consistent with the purpose and intent of this land use category 3. Conditional Uses and Structures Schools or other educational institutions R & D -Research and Development Buildings Support Retail Business in excess of 4,000 sq. ft. gfa 4. Temporary uses and structures Temporary construction facilities, including construction trail ers, staging and construction access roads, construction and future facility signs subject to the requirements of the applicable sections of the Land Use Code. 5. Prohibited Uses Uses not provided by this Section shall be prohibited; however, certain permitted uses are defined generally and may require interpretation by the Planning Director.

4 Page 4 of 5 The Acting Development Services Director reviewed the applicant's request pursuant to subsection 5, which states: "Uses not provided by this section shall be prohibited; however, certain permitted uses are defined generally and may require interpretation by the Planning Director". The Acting Development Services Director determined that although the use may provide a benefit to the community, it is unclear if the use can be considered a use which is permitted by right or conditionally permitted within the COP, because the use is not specifically identified in the COP. The applicant's application identifies the use as "civic". The COP identifies "civic buildings" as a permitted use, but does not provide a definition for "civic buildings", and the Municipal Code similarly does not define "civic buildings". The proposed use has an educational component, and the COP identifies "educational institutions" as a Conditional Use, meaning educational institutions require the approval of a CUP. However, the COP does not provide a specific definition for "educational institutions". The Municipal Code defines an "educational institution" as, "A public, private, parochial, or other non-profit institution conducting regular academic instruction at the elementary, secondary, collegiate levels and university or graduate level as qualified by the State Department of Education." Although staff understands that the use may provide a benefit to the San Juan Capistrano community, staff is requesting that the Commission review the business license application/business description and the allowable uses within COP and provide a land use interpretation for this application. ENVIRONMENTAL ANALYSIS: The business license application has been determined to be statutorily exempt pursuant to Section 15268(b)(2) of the California Environmental Quality Act (CEQA) Guidelines because it is a ministerial project. PRIOR REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: The proposed Planning Commission Interpretation does not require publication of a formal public hearing notice nor the notification of individual property owners. Public notice has been satisfied through the State-mandated posting of the meeting agenda at City Hall and on the City's website. Furthermore, posting of the agenda on the City's website also includes a copy of the agenda item. This agenda item has been provided

5 Page 5 of 5 to the applicant and their representative through posting of the agenda packet on the City's website. ATTACHMENT(S): Attachment 1 - Attachment 2 - Request for Business License /Business Description Aerial Photo, General Plan Land Use Map and Zoning Map