PC Resolution-24-08-28-02PC RESOLUTION NO. 24-08-28-02
REVOCATION OF CONDITIONAL USE PERMIT (CUP) 23-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT 23-002
WHICH ALLOWS THE CAPISTRANO BOXING GYM, A BOXING GYM WITH AN
ACCESSORY MEDICAL OFFICE, TO OCCUPY AN EXISTING 11,173 SQUARE FOOT
SUITE AT 33081 CAMINO CAPISTRANO (ASSESSORS PARCEL NUMBER 668-291-
14)
Whereas, San Juan Capistrano Holding Co. is the owner of real property
described as Assessor's Parcel Number: 668-291-14 located at 33081 Camino
Capistrano, San Juan Capistrano; and,
Whereas, San Juan Capistrano Holding Co. authorized Peter Carey and
Capistrano Boxing Gym (the "Applicant") to apply for a Conditional Use Permit (CUP) and
an Architectural Control (AC) to allow the use of a boxing gym within an existing industrial
building and to add additional off-street parking stalls within an existing parking lot on a
property located at 33081 Camino Capistrano, San Juan Capistrano, CA. 92675 (APN:
668-291-14) ("Project"); and,
Whereas, the parcel on which the Project site is located has a Zoning
designation of Commercial Manufacturing (CM) District and a General Plan Land Use
Designation of Quasi Industrial; and,
Whereas, the proposed Project was processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
Whereas, the Planning Commission conducted duly-noticed public hearings
on October 25, 2023, December 13, 2023, January 24, 2024, February 14, 2024, March
13, 2024, and April 10, 2024, pursuant to Title 9, Land Use Code, Section 9-2.302 of the
San Juan Capistrano Municipal Code; and,
Whereas, at their April 10, 2024, Public Hearing, the Planning Commission
approved of AC23-007 and CUP23-002, as conditioned, after considering all public
testimony, all relevant public comments and all documents and evidence submitted,
including but not limited to the staff report, attachments, and materials submitted by the
Applicant; and,
Whereas, pursuant to Section 21067 of the Pl,Jblic Resources Code, and,
Section 15367 of the California Environmental Quality Act ("CEQA") Guidelines (Cal.
Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency
for the proposed Project; and,
Whereas, the City's Environmental Administrator has determined that a
revocation action is categorically exempt from CEQA pursuant to State CEQA Guidelines,
Section 15321, Enforcement Actions by Regulatory Agencies (Class 21 ); and,
PC Resolution 24-08-28-02 2 August28,2024
Whereas, on August 28, 2024, the Planning Commission conducted a duly-
noticed public hearing pursuant to the provisions of Title 9, Land Use Code, Sections 9-
2.317(m) and 9-2.302(f), to consider public testimony on the proposed revocation of
Conditional Use Permit (CUP) 23-002 and has considered all relevant public comments;
and ,
Whereas, the Planning Commission has reviewed all the evidence for the
revocation, pursuant to the provisions of Title 9, Land Use Code, Section 9-2.31 ?(m);
and,
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
San Juan Capistrano does hereby find that the Applicant failed to comply with the
following two conditions of approval of Conditional Use Permit (CUP) 23-002:
1. Condition of Approval No. 16: "Within 60 days of this approval, the Applicant shall
apply for building permits for any interior improvements associated with converting the
building to a boxing gym use and shall obtain a certificate of occupancy which is
consistent with the boxing gym use."
2. Condition of Approval No. 17: "Within 60 days of this approval, the applicant shall re-
stripe the existing parking area to add nine spaces as shown on the approved site
plan."
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby revokes Conditional Use Permit
(CUP) 23-002.
EFFECTIVE DATE & FINAL APPROVAL: This revocation shall become
effective following expiration of the fifteen (15) day appeal period without filing of an
appeal application. The appeal period shall expire at 5:30 p.m. Thursday, September 12,
2024.
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.
PC Resolution 24-08-28-02 3 August28,2024
PASSED, APPROVED AND ADOPTED this ~ • ust 2024.
Darren Fanche'f, Chairman
ent Services Director