Resolution Number 02-07-16-06RESOLUTION NO. 02-07-16-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING AN APPEAL OF THE PLANNING
COMMISSION DENIAL AND APPROVING A REQUEST TO MODIFY
CONDITIONAL USE PERMIT 00-09 TO PERMIT OUTDOOR DISPLAY OF
MOTORCYCLES LOCATED AT 32421 CALLE PERFECTO (CAPISTRANO
HARLEY-DAVIDSON SHOP).
WHEREAS, the applicant, Capistrano Harley-Davidson Shop, 32421 Calle
Perfecto, San Juan Capistrano, CA 92675, has submitted a request to modify Conditional
Use Permit 00-09 to permit outdoor display of motorcycles adjacent to the showroom
entrance of the existing Capistrano Harley-Davidson Shop, located at 32421 Calle
Perfecto; and,
WHEREAS, the City's Environmental Administrator (EA) has reviewed this
project and determined that it is categorically exempt (Class 1) from further environmental
review. Class 1 exemptions include minor alterations to existing facilities; and,
WHEREAS, on January 9, 2001 the Planning Commission adopted resolution
01-1-9-3 approving Conditional Use Permit 00-09, permitting the establishment of the
Capistrano Harley-Davidson Shop at 32421 Calle Perfecto. Condition Number 2 prohibits
the outdoor display of merchandise; and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on June 11, 2002, to consider public testimony on the proposed project and after
due consideration, denied the project based on findings of inconsistency with the General
Plan Community Design Element and potential visual impacts to Camino Capistrano and
Interstate -5; and,
WHEREAS, following Planning Commission action and prior to expiration of
the fifteen day appeal period, a valid appeal was filed with the City Clerk contesting the
Planning Commission denial of the project; and,
WHEREAS, the City Council conducted a duly noticed public hearing on July
16, 2002, to consider public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings:
The proposed outdoor display use would be consistentwith A4.1, Quasi -Industrial@
General Plan land use designation of the property which allows Aresearch &
development, light manufacturing and processing, large single tenant distribution
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and sales, automobile sales and leasing, offices, warehousing and storage, high
technology production, and related uses.@
2. The proposed outdoor display use would be consistent with the General Plan=s
Community Design Element and the Ascenic drive@ designation of Camino
Capistrano because the proposed display area is located beneath the trellis overthe
main entrance to the showroom, adjacent to the main circulation aisle through the
Calle Perfecto Business Park; the proposed display will not adversely affect the
existing parking or on-site circulation; and no additional lighting is proposed for the
display area; and the existing landscape buffer between Calle Perfecto and the rail-
road right-of-way provides an adequate landscape buffer; and,
3. The proposed use would provide adequate parking because Title 9, Land Use Code
requires that parking for Ahome furnishings and appliance stores@ be provided at a
ratio of two stalls per 1,000 square feet and the Calle Perfecto Business Park
provides parking at a ratio of approximately 2.4 stalls per 1,000 square feet of floor
area; and,
4. The proposed use would otherwise comply with applicable use and development
standards of Title 9, Land Use Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano approves the appeal of the Planning Commission denial,
and approves the proposed project subject to the following conditions:
Outdoor display of motorcycles shall be limited to that area located beneath the
existing trellis over the main entrance to the showroom and shall not be expanded
without prior review and approval of the Planning Commission.
2. The proposed outdoor display shall not be conducted within any portion of the
parking lot or on-site circulation. Violation of this provision could lead to revocation
proceedings and revocation of this conditional use permit approval.
3. No additional lighting shall be permitted for the outdoor display area.
4. The approved conditional use must be established at the approved location within
one year of the final approval, no later than July 16, 2003. Such establishment shall
be deemed to consist of the satisfaction of all relevant CUP conditions of approval
and one of the following three (3) actions: (1) the issuance of a building permit for
new construction (if said permit expires, approval of conditional use permit shall
become null and void); (2) the issuance of a certificate of use and occupancy forthe
establishment of a conditional use in an existing structure; or (3) the issuance of a
valid business license and commencement of operation of the conditional use.
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If the preceding requirements are not met within one year of final CUP approval, the
conditional use permit shall be rendered null and void.
PASSED, APPROVED AND ADOPTED this 16th day of July 2002, by the
following vote, to wit:
iii m tg�
DIANE BATHGATE, OR
ATTEST:
R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 02-07-16-06 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 16th day
of July 2002, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL
Hart, Campbell, Swerdlin and Gelff
Mayor Bathgate
OBERS: None
G�
R. MONAHAN, City Clerk
3
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