PC Resolution-19-08-13-01PC RESOLUTION NO. 19-08-13-01
CONDITIONAL USE PERMIT (CUP) 19-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A PROPOSAL TO
ALLOW FOR THE ESTABLISHMENT OF A VEHICLE SALES USE WITHIN THE
INDUSTRIAL PARK DISTRICT LOCATED AT 33081 CALLE PERFECTO, SUITE A,
(ASSESSOR PARCEL NUMBER 668-041-04) (APPLICANT: BRIAN FISCHER,
HUMMERCORE, INC.)
Whereas, Brian Fischer, Hummercore, Inc., has requested approval of
Conditional Use Permit (CUP) 19-002 to allow for the establishment of a vehicle sales use
within the Industrial Park district, on the property located at 33081 Calle Perfecto, Suite A,
which has a General Plan land use designation of Industrial Park and classified as
Industrial Park on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 1 (Existing Facilities) categorical exemption, and upon
adoption of the CUP, City staff will cause a Notice of Exemption to be posted pursuant to
Section 15061 (d) of the CEQA Guidelines and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on August 13, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302, to consider
public testimony on the appeal of 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 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
environmental review under CEQA, pursuant to the following exemption: Class 1, "Existing
Facilities" (State CEQA Guidelines, § 15301 ). The project is exempt under Class 1 "Existing
Facilities" (State CEQA Guidelines, § 15301) because the project is a change of use with
no modification to an existing industrial building.
Resolution #19-08-13-01
CUP 19-002 Hummercore, Inc. Page 2 of3
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 9-2.317 of Title 9, Land Use Code of the City of San Juan
Capistrano:
1) The proposed project is consistent with the General Plan, because the Industrial Park
land use designation provides for a variety of light industrial land uses that can co-exist
with surrounding land uses, including vehicles sales. The proposed use is located within
an industrial area consisting of compatible land uses such as warehousing, auto repair,
and equipment rental. There are no exterior alterations proposed. Therefore, the
proposed vehicle sales use is determined to be consistent with the General Plan.
2) The proposed project is consistent with the Land Use Code, including the Industrial Park
district, which allows a vehicle sales use subject to a conditional use permit. Additionally,
the proposed use is to be located within an existing industrial site previously developed
with an industrial building that is consistent with the intended land uses within the
Industrial Park zoning district. There is no applicable specific plan or comprehensive
development plan for this property.
3) The site is adequate in size and shape to accommodate the proposed vehicle sales use,
since the project proposes to utilize the existing building and will not require any
significant alteration to the existing building.
4) The proposed use and the on-going operation of the use are compatible with abutting
properties and the permitted uses thereof and will not generate excessive light, noise,
vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards
because, as conditioned, the use will be similar in nature to other businesses operating
in the vicinity, will keep similar hours of operation, has a minimal volume of customers
with no anticipated peaks or rushes, and the proposed vehicle storage will occur within
the subject site. Therefore, no significant or excessive disturbances, nuisances, or
hazards are anticipated on adjacent businesses.
5) The project site's parking and access is adequate for the existing facility. The request to
establish a vehicle sales use will not affect parking or circulation. The property includes
12 parking spaces based on the site plan provided, and the proposed use in the building
will have 1, 709 square feet of vehicle sales use and 3,512 square feet of warehouse use
for a total code requirement of 7 spaces. As such, the proposed use is compliant with
City parking regulations. There will be no parking spaces added to or removed from the
site.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
Resolution #19-08-13-01
CUP 19-002 Hummercore. Inc. Page 3 of 3
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, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
NOTICE OF EXEMPTION: City staff is hereby directed to prepare and file a
Notice of Exemption for the Project with the Orange County Clerk's Office within five
working days of the approval of this Resolution.
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 66020 through 66022 of the California Government Code.
August, 2019.
Sergio& Assistant Development Services
Director/Secretary