City of San Juan Capistrano Agenda Report

Transcription

1 ITEM F2 City of San Juan Capistrano Agenda Report TO: FROM: Planning Commission Prepared & Submitted by: David Contreras~ting Assistant Development Services Director c;:::e._,~.y.. Reviewed by: Sergio Klotz, AICP,""Acting Development Services Director DATE: October 27, 2015 SUBJECT: Consideration of Vesting Tentative Tract Map (TTM ), Calle Perfecto Condominium Map: a Condominium Map to create 4 lots that encompass 3.71 acres in the existing Calle Perfecto Business Park located west of Camino Capistrano and north of Calle Perfecto (APN's: , , ~ and ) (Applicant: Calle Perfecto Business Park L.P., Dennis Gage) RECOMMENDATION: Open the public hearing, receive public testimony, close the public hearing; and, by motion, adopt a resolution conditionally approving Vesting Tentative Tract Map (TIM) OWNER/APPLICANT: Applicant/ Property Owner: Calle Perfecto Business Park L.P Attn: Dennis Gage Calle Perfecto San Juan Capistrano, CA Civil Engineer: CA Engineering, Inc. Attn: Fred Cornwell 3002 Dow Avenue, Suite 122 Tustin, CA EXECUTIVE SUMMARY: Calle Perfecto Business Park L.P., Dennis Gage (the "Applicant") requests approval of Vesting Tentative Tract Map (TIM) to create a Condominium Map to create 4 lots that encompass 3.71 acres in the existing Calle Perfecto Business Park for purposes of sale, leasing or financing. The project is located west of Camino Capistrano and north of Calle Perfecto (APN's: , , and ). The creation of 4 lots will result in a total of 10 condominium units (Enclosures 1 and 2).

2 PC Agenda Report October 27, 2015 Page 2 of 5 BACKGROUND: General Location: Related Cases: General Plan Land Use Designation: Zoning Map designation: The project site is located west of Camino Capistrano and north of Calle Perfecto. Tract Map Industrial Park (IP) Industrial Park (IP) Surrounding General Plan Designations, Zoning Designations, and Existing Land Uses: Direction General Plan Land Use Zoning Use North Quasi Industrial Commercial Industrial Park Manufacturing South Industrial Park MHP (IP) Mobile Home Park East Quasi Industrial Commercial Industrial Park Manufacturing West General Open Space General Open Space N/A (Trabuco Creek) DISCUSSION/ANALYSIS: Project Site/Background: The proposed project encompasses 3.71 acres within an existing developed business park. The proposed lots range from 40,946 square feet to 47,480 square feet and contain 4 (four) existing buildings with existing public utilities and infrastructure. The proposed vesting tract map will not result in any changes to the approved footprints of the buildings as approved by Tract Map for the Calle Perfecto Business Park. Site access would continue to be provided via Calle Perfecto, which extends from Avenida Aeropuerto, located west of Camino Capistrano. The footprints of the proposed condominium lots are identical to.. and will not result in any physical changes to the site improvements previously approved by the Planning Commission as part of the approved Tract Map for the Calle Perfecto Business Park. Site Improvements/Access/Parking: The proposed lots range from 40,946 square feet to 47,480 square feet and contain 4 (four) existing buildings which will provide for a total of 10 condominium air-space units. The existing site access will remain unaffected.. and the proposed CC&R's will continue to provide reciprocal ingress and egress access between the lots.

3 PC Agenda Report October 27, 2015 Page 3 of 5 Tentative Tract Map: Tentative Tract Maps are governed, in part, by Section of the City's Municipal Code, and requests may be granted when it can be shown that the following findings can be established: 1) The proposed map is consistent with the General Plan and any applicable specific plan or comprehensive development plan; 2) The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan or comprehensive development plan; 3) The site is physically suitable for the type of development; 4) The site is physically suitable for the proposed density of development; 5) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; and 6) 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 use of, property within the proposed subdivision. If these findings can be made, then it is appropriate to grant the Tentative Tract Map. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the Vesting Tentative Tract Map request, staff believes the following findings of fact warrant approval of the Vesting Tentative Tract Map: 1) The proposed map is consistent with the maps and policies of the General Plan and any applicable specific plan or comprehensive development plan, specifically the Land Use Element because the project does not propose changes to the existing Industrial Park (IP) land use which allows.. "research & development, light manufacturing and processing, offices, warehousing and storage, high technology production, and related uses." 2) The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan or comprehensive development plan because the project contains existing improvements including access and utilities, which are consistent with the General Plan and applicable standards. Access to each unit will be provided through the common area for ingress and egress purposes, fire access, and all required utilities. The common area will be maintained by the POA (Property Owners Association), required to be formed as part of the final tract map approval.

4 PC Agenda Report October 27, 2015 Page 4 of 5 3) The site is physically suitable for the type of development because the existing project site allows for development of research & development, light manufacturing and processing, offices, warehousing and storage, high technology production, and related uses. 4) The site is physically suitable for the proposed density of development because the existing business park was developed in compliance with the Industrial Park (IP) land use designation; and the Vesting Tentative Tract Map does not propose physical alterations to the development. 5) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the proposed Vesting Tentative Tact Map is not located adjacent to an area that contains wildlife or habitat. The project site exists as a developed business park; and does not have direct connections to open areas, or wildlife corridors that exist in the immediate vicinity of the property. Therefore the Planning Commission finds that the proposed map and proposed improvements will not cause substantial environmental damage, nor will it substantially and avoidably injure fish or wildlife or their habitat. 6) 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 use of, property within the proposed subdivision because the proposed Vesting Tentative Tract Map will not result in physical alterations to the existing access, easements or existing public access. ENVIRONMENTAL IMPACT: This project has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the project is Categorically Exempt (Section 15301; Class 1 (k) "Existing Facilities") from further review. The project is consistent with Section because the project will result in a "subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt"; and the project is consistent with the applicable General Plan designation and Zoning designation and regulations. A Notice of Exemption (NOE) will be posted should the project receive final approval. PRIOR REVIEW: On May 11, 1999, the Planning Commission conditionally approved AC 99-01, CUP and ZV 98-07, and recommended approval ofttm COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable.

5 PC Agenda Report October 27, 2015 Page 5 of 5 NOTIFICATION: Pursuant to Title 9, Land Use Code, Section (f), Notification Procedures, a public hearing notice has been mailed to all property owners within 1,000 feet (as listed on the Orange County Real Property Tax Assessment rolls), a "Notice of Proposal" sign has been posted on-site, the hearing notice has been published in the Capistrano Valley News at least ten (1 0) days prior to the hearing, and has been posted at three public locations (Attachment 2). This agenda item has been provided to the Applicant and his representative through posting of the agenda packet on the City's website. ATIACHMENT(S): Attachment 1 - Attachment 2 - Attachment 3 - Resolution Public Hearing Notice Aerial Photo, General Plan Land Use Map and Zoning Map ENCLOSURE(S):_ Enclosure 1 -Tentative Tract Map (TTM) 17840, CA Engineering, Inc. Enclosure 2- Condominium Plans, CA Engineering, Inc.

6 PC RESOLUTION NO X VESTING TENTATIVE TRACT MAP (TTM) (14-002) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF A NOTICE OF EXEMPTION AND APPROVAL OF VESTING TENTATIVE TRACT MAP (TTM) (14-002) TO CREATE A CONDOMINIUM MAP TO CREATE 4 LOTS THAT ENCOMPASS 3.71 ACRES; AND WILL RESULT IN A TOTAL OF 10 CONDOMINIUM UNITS IN THE EXISTING CALLE PERFECTO BUSINESS PARK FOR PURPOSES OF SALE, LEASING OR FINANCING LOCATED WEST OF CAMINO CAPISTRANO AND NORTH OF CALLE PERFECTO (ASSESSOR PARCEL NUMBER'S: , , , AND ) (CALLE PERFECTO BUSINESS PARK L.P., DENNIS GAGE) Whereas, Calle Perfecto Business Park L.P., Dennis Gage, Calle Perfecto, San Juan Capistrano, CA (the "Applicant"), has requested approval of Vesting Tentative Tract Map (14-002), Calle Perfecto Condominium Map to create 4 lots that encompass acres in the existing Calle Perfecto Business Park for purposes of sale, leasing or financing; and will result in a total of 10 condominium units, located west of Camino Capistrano and north of Calle Perfecto; which is General Plandesignated 4.0 Industrial Park (IP) and classified as Industrial Park (IP) on the Official Zoning Map (the "Project"); and, Whereas, Calle Perfecto Business Park L.P., Dennis Gage, Calle Perfecto, San Juan Capistrano, CA 92675, are the owners of real property located at 32801, 33771, 32421, and Calle Perfecto (APN's: , , and ); and, Whereas, the proposed project has been processed pursuant to Section , Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has determined that the project is Categorically Exempt (Section 15301; Class 1 (k) "Existing Facilities") from further review. The project is consistent with Section because the project will result in a "subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt"; and the project is consistent with the applicable General Plan designation and Zoning designation and regulations. A Notice of Exemption (NOE) will be posted should the project receive final approval; and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section of the California Environmental Quality Act (CEQA); and, Whereas, the Planning Commission conducted a duly-noticed public hearing on October 27, 2015 pursuant to Title 9, Land Use Code, Section and ATTACHMENT 1

7 PC Resolution X 2 October City Council Policy 5 to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the project is Categorically Exempt (Section 15301; Class 1 (k) "Existing Facilities") from further review. The project is consistent with Section because the project will result in a "subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt"; and the project is consistent with the applicable General Plan designation and Zoning designation and regulations. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Section of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed map is consistent with the maps and policies of the General Plan and any applicable specific plan or comprehensive development plan, specifically the Land Use Element because the project does not propose changes to the existing Industrial Park (IP) land use which allowsj. "research & development, light manufacturing and processing, offices, warehousing and storage, high technology production, and related uses." 2. The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan or comprehensive development plan because the project contains existing improvements including access and utilities, which are consistent with the General Plan and applicable standards. Access to each unit will be provided through the common area for ingress and egress purposes, fire access, and all required utilities. The common area will be maintained by the POA (Property Owners Association), required to be formed as part of the final tract map approval. 3. The site is physically suitable for the type of development because the existing project site allows for development of research & development, light manufacturing and processing, offices, warehousing and storage, high technology production, and related uses. 4. The site is physically suitable for the proposed density of development because the existing business park was developed in compliance with the Industrial Park (IP) land use designation; and the Vesting Tentative Tract Map does not propose physical alterations to the development. 5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the proposed Vesting Tentative Tact Map is not located adjacent to an area that contains wildlife or habitat. The project site exists as a developed business park; and does not have direct connections

8 PC Resolution X 3 October to open areas, or wildlife corridors exist in the immediate vicinity of the property. Therefore the Planning Commission finds that the proposed map and proposed improvements will not cause substantial environmental damage, nor will it substantially and avoidably injure fish or wildlife or their habitat. 6. 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 use of, property within the proposed subdivision because the proposed Vesting Tentative Tract Map will not result in physical alterations to the existing access, easements or existing public access. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends approval by the City Council of a Notice of Exemption and the project subject to those conditions of approval established by Exhibit A, attached hereto and incorporated herein. CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, Paseo Adelanto, San Juan Capistrano, California The Acting Development Services Director is the custodian of the record of proceedings. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections through of the California Government Code. PASSED, APPROVED AND ADOPTED this 27th day of October, Sheldon Cohen, Chairman David Contreras, Acting Assistant Development Services Director Secretary

9 EXHIBIT A PC RESOLUTION NO X CONDITIONS OF APPROVAL PROJECT LOG #: Vesting Tentative Tract Map (TTM) ( ) PROJECT NAME: Calle Perfecto Condominium Map (Dennis Gage) APPROVAL DATE: These conditions of approval apply to the above-referenced project application described in more detail below. 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. These conditions are organized by chronological order in the development process as well as responsible City Department. The responsible department is noted in parenthesis after each condition. GENERAL CONDITIONS: A. Project Plans. The subject project proposes a vesting tentative tract map to create to create a condominium map to create 4 lots that encompass 3.71 acres; and will result in a total of 1 0 condominium units in the existing Calle Perfecto Business Park for purposes of sale, leasing or financing located west of Camino Capistrano and north of Calle Perfecto (Assessor Parcel Number's: , , and ) (Calle Perfecto Business Park L.P., Dennis Gage). This project approval is based on and subject to the application materials prepared by CA Engineering, Inc. (Engineers), including site plan(s), building elevation(s), floor plan(s), preliminary landscape plan(s), preliminary grading plan(s), tree removal plan(s), and any other plans. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved pursuant to Article , Development Review Procedures of Title 9, Land Use Code. B. Compliance With Outside Requirements. Approval of this application does not relieve the applicant/subdivider from complying with other applicable Federal, State, County or City regulations or requirements. To the extent not precluded by Government Code Section 65961, the applicant/subdivider shall comply with all requirements of the City of San Juan Capistrano Municipal Code, all requirements of City ordinances, resolutions, and all applicable standards and policies that are in effect at the time that building permits are issued for the development. C. Signed Plans. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, when required, only by those individuals legally authorized to do so.

10 Calle Perfecto Condominium Map Vesting Tentative Tract Map (TTM) Final Conditions of Approval Page 2 of3 D. Legal Defense. The applicant/subdivider, its agents, successors, and assignees shall defend, indemnify and hold harmless the City of San Juan Capistrano, its elected and appointed officials and employees, and its contract consultants, from any claim, action or proceeding to attack, set aside, void, or annul any land use approval associated with this project, including but not limited to environmental impact report requirements under CEQA, rezoning approvals, subdivision map approvals, or other applicable City Municipal Code Title 9 land use approvals. Upon notice provided by City to the applicant/subdivider, its agents, successors, or assignees, of service of process of such claims or actions, the project proponent, its agents, and assignees, shall immediately act to provide an appropriate defense to such claims or actions. The applicant/subdivider shall consult with the City Attorney regarding appropriate defense counsel in the event of the filing of such claims or actions. (DSD) E. Discrepancy Clause. 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. F. Fees. The applicant/subdivider shall pay all fees at the time fees are determined payable and comply with all requirements of the City of San Juan Capistrano Municipal Code Section and applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF ANY FINAL MAP AND IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT AGREEMENT: 1. 1 Water Meters. All individual units shall have a dedicated water meter installed prior to approval of the Final Map. (PW&UD) 1.2 Easements/ Final Map. All easements for storm drain, utilities, reciprocal access shall be shown on the map prior to approval of the Final Map. The Final Map shall be prepared and submitted 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. (PW&UD) 1.3 Dedications and Maintenance Responsibility. The applicant/subdivider shall indicate on the Final Map, to the satisfaction of the City Engineer and Public Works and Utilities Assistant Directors, all appropriate dedication and access rights, stating their purposes and their maintenance responsibilities. (PW&UD) 1.4 Dedication of Water Rights. The applicant/developer shall dedicate on the Final Map, at no cost to the City, all public water facilities, water rights, and all required easements to the City. (PW&UD) 1.5 CC&R's. The applicant/subdivider shall submit for review, and shall obtain the approval of, the Development Services Director, City Engineer, Utilities Assistant Director, and City Attorney, a set of Covenants, Conditions, and Restrictions

11 Calle Perfecto Condominium Map Vesting Tentative Tract Map (TTM) Final Conditions of Approval Page 3 of 3 (CC&Rs). Said CC&Rs shall be recorded with the Final Map and shall include, but not be limited to, the following: a. Creation of a Property Owners Association for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance responsibility of areas including, but not limited to, all common areas, open space, project entries, irrigation systems, landscaped areas, walls, driveways, parking areas, structures, private streets, street lights, drainage facilities, and all other areas to be owned and maintained by the Property Owners Association. All improvements, including but not limited to streets, restoration of enhanced pavement over the public water and sewer facilities after repairing of said facilities by the City, drainage, street lights, street signage, striping improvements, landscaping, and irrigation facilities within the interior of the subdivision designated as private shall remain private and shall be maintained by the Property Owners Association, or shall make other provisions for maintenance, as approved by the City Council. (PW&UD&DSD) 1.6 Submission of Digital Map. The applicant/subdivider shall submit for review, and shall obtain approval from the Orange County surveyor, of a digitized map pursuant to Orange County Ordinance 3809 of January 28, The applicant/subdivider shall pay for all cost of said digital submittal, including supplying digita'l copies to the City, of the final County Surveyor approved digital map in DXF format. In addition, the applicant/subdivider shall provide the City with digitized copies of all improvement plans. (PW&UD) 1. 7 Mylar of Final Map. The applicant/subdivider shall submit to the City Engineer a reproducible copy/mylar of the project's recorded final map. The applicant shall also submit for review, and shall obtain approval of, the Orange County surveyor of a digital Map pursuant to Orange County Ordinance 3809 of January 28, The applicant shall pay for all costs of said digital submittal, including supplying digital copies to the City of the final County Surveyor-approved digital map in DXF format. All Digital Submissions shall conform to the latest edition of the City of San Juan Capistrano Digital Submission Standards. (PW&UD) 2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SURETY/PERFORMANCE SECURITIES: 2.1 Storm Drain Relocation. The applicant/subdivider shall remove or abandon the existing storm drain that is located underneath an existing building within Tract 15853; and reconstruct a new storm drain as approved by the City Engineer. (PW&UD) Responsible Departments/Agencies: DSD: DSD-B&S: PW&UD: OCFA: Applicant Acceptance of Conditions of Approval: Development Services Department DSD Building & Safety Division Public Works and Utilities Department Orange County Fire Authority Signature of (name & title) Date

12 PLANNING COMMISSION PUBLIC HEARING NOTICE city of san juan capistrano A PUBLIC HEARING WILL BE HELD BY THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO ON TUESDAY, THE 27TH DAY OF OCTOBER, 2015 AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS AT PASEO ADELANTO, SAN JUAN CAPISTRANO TO CONSIDER THE FOLLOWING PROJECT(S): 1. Architectural Control (AC) , Egan House: A remodel of the existing exterior patio including 60 square feet of new patio area and a relocation of the existing staircase, and new landscaping, located at Camino Capistrano, approximately 470 feet north of Del Obispo Street, APN: The property has a General Plan designation of General Commercial and is classified as Town Center on the Zoning Map. This project has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the project is categorically exempt from further review. A Notice of Exemption (NOE) will be posted should the project receive final approval. For more information, please contact the project manager, Nick Taylor, Associate Planner at (949) or by at ntaylor@sanjuancapistrano.org. 2. TTM CTTM ), Calle Perfecto Condominium Map: A Condominium Map to create 4 lots in the existing Calle Perfecto Business Park for purposes of sale, leasing or financing. The project is located west of Camino Capistrano and north of Calle Perfecto, APN's , , and The property has a General Plan designation of Industrial Park (IP) and is classified as Industrial Park (IP) on the Zoning Map. This project has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the project is categorically exempt from further review. A Notice of Exemption (NOE) will be posted should the project receive final approval. For more information, please contact the project manager, David Contreras, Acting Assistant Director at (949) or by at dcontreras@sanjuancapistrano.org. You are invited to attend the public hearing to find out more about the project. If you can't attend the hearing and have questions about the project, please contact the project manager. Comments which you want to become part of the public record must be presented verbally at the hearing or in writing. This project may be one of several to be considered and may be heard after the beginning of the hearing. If you challenge action on this project in court, you may be limited to raising only those issues which you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Commission at, or prior to the hearing. Should you have special needs to be accommodated in order to provide testimony at the hearing, please call the Administrative Coordinator at (949) Publish: Capistrano Valley News Post: [ 1 City Hall [ 1 Public Library [ 1 Community Center ATTACHMENT 2

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