ZA Resolution-24-06-19-01ZA RESOLUTION NO. 24-06-19-01
CONDITIONAL USE PERMIT (CUP) 21-005
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A TWELVE-MONTH TIME EXTENSION
OF CONDITIONAL USE PERMIT (CUP) 21-005, GRANTED VIA PLANNING
COMMISSION RESOLUTION NO. 22-05-25-02 AND CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION. THE PROJECT APPROVALS ALLOW FOR 136,308
SQ. FT. OF WAREHOUSING FLOOR AREA WITHIN BUILDINGS 1, 2, AND 3, AND
ALLOWS FOR VEHICLE SALES WITHIN BUILDING 3 ON PROPERTY LOCATED AT
30700 RANCHO VIEJO ROAD (APN: 650-111-15).
Whereas, Benjamin Horning with Dedeaux Properties has requested a twelve-
month extension of CUP 21-005, previously granted via Planning Commission (PC)
Resolution No. 22-05-25-02 related to the construction of three industrial warehouse
buildings totaling 136,308 sq. ft. on a 15.3-acre parcel located at 30700 Rancho Viejo
Road (APN 650-111-15); and
Whereas, the subject property has a General Plan Land Use Designation of
Industrial Park (IP) and a Zoning Designation of Industrial Park (IP); and,
Whereas, Rancho Viejo Owner LLC, is the owner of the real property located at
30700 Rancho Viejo Road, described as Assessor Parcel Number 650-111-15, in the City
of San Juan Capistrano; and,
Whereas, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
Whereas, the Conditional Use Permit approval for this project would otherwise
expire on June 10, 2024, if not extended by the Zoning Administrator who is authorized
by Title 9 of the Land Use Code to extend such entitlements for twelve months from the
original approval pursuant to Municipal Code Sections 9-2.317(f)(1 ); and,
Whereas, the Zoning Administrator of the City of San Juan Capistrano is granted
the authority to approve time extensions pursuant to Municipal Code Section 9-
1 .111 (d)(2); and,
Whereas, this public hearing was duly noticed in a local newspaper and mailed to
property owners within 1 ,000 feet of the subject property; and
Whereas, The City's Environmental Administrator has determined that the entire
project is categorically exempt from further review under State CEQA Guidelines, section
15302 (Replacement or Reconstruction); and,
Whereas, the Zoning Administrator has considered the Environmental
Administrator's determination pursuant to Section 15061 of the California Environmental
ZA Resolution 24-06-19-01 2 June 19, 2024
Quality Act (CEQA) and has considered all project environmental documentation; and,
Whereas, the Zoning Administrator conducted a duly-noticed public hearing on
June 19, 2024, 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,
Whereas, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City
of San Juan Capistrano does hereby make the following findings:
1. Earnest progress has been made toward initiating the use; and
2. The project applicant has not proposed any changes to the conditional use as
approved by the Planning Commission on May 25, 2022; and,
3. The project plans remain in substantial conformance with the entitlement plans
approved by the Planning Commission on January 10, 2024; and,
4. The original findings and conditions of approval used for the approval of the original
application remain valid.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator
of the City of San Juan Capistrano grants a 12-month time extension of CUP 21-005
granted via PC Resolution 22-05-25-02 and subject to those conditions of approval
established via PC Resolution 24-01-10-01.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become
effective following expiration of the fifteen (15) day appeal period without filing of an
appeal application. The appeal period shall expire at 4:30 pm, Friday, July 5, 2024. This
project approval shall be valid for a period of 12 months from the expiration date of PC
Resolution No. 22-05-25-02, and shall expire on June 10, 2025, unless building permit
issuance or use of the property authorized by this discretionary approval has commenced
prior to that date.
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.
ZA Resolution 24-06-19-01 3 June 19, 2024
PASSED, APPROVED AND ADOPTED this 19th day of June 2024.
Charlie View, Zoning Administrator
I Garcia, Principal Planner/Secretary