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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