Resolution Number 02-07-16-07RESOLUTION NO. 02-07-16-0 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING AN APPEAL OF THE PLANNING
COMMISSION DENIAL THEREBY APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A 9,603 SQUARE FOOT FLOORING AND CARPET
SHOWROOM AT 32803 CALLE PERFECTO (ALLOURE INC.)
WHEREAS, the applicant, Alloure, Inc., 27190 Alicia Parkway, Laguna
Niguel, CA 92677, has requested a conditional use permit to allow a 9,603 square foot
flooring and carpet showroom at 32803 Calle Perfecto in the Calle Perfecto Business Park
pursuant to Section 9-3.415(d)(19) of the Land Use Code. The property is zoned
Commercial Manufacturing (CM) and General Plan -designated "4.1, Quasi -Industrial; 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 and consists of a minor alteration to existing facilities, and the City has otherwise
complied with all applicable provisions of Title 9, Land Use Code; 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 use would be consistent with "4.1, Quasi -Industrial' General Plan
land use designation of the property which allows "research & development, light
manufacturing and processing, large single tenant distribution and sales, automobile
sales and leasing, offices, warehousing and storage, high technology production,
and related uses."
07-16-02
2. The proposed use would be consistent with the General Plan's Community Design
Element and the "scenic drive' designation of Camino Capistrano because the
project does not allow outdoor merchandise displays which would visually detract
from the aesthetic value of that street corridor; and,
3. The proposed use would provide adequate parking because Title 9, Land Use Code
requires that parking for "home 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 hereby approves the appeal of the Planning Commission
denial and approves the project subject to the following:
Outdoor storage and display of all materials, including but not limited to
merchandise, shall be prohibited.
2. Any vehicle associated with the proposed business use shall be parked in an
unobtrusive location, with minimal or no visibility from Camino Capistrano and the
Interstate -5 freeway, so as not to serve as an attention getting device. Appropriate
locations for parking of work-related vehicles shall be determined by the Planning
Director.
3. The approved conditional use must be established at the approved location within
one year of the final approval of the CUP (June 26, 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 for the
establishment of a conditional use in an existing structure; or (3) the issuance of a
business license and the commencement of operation of the conditional use.
If the preceding requirements are not met within one year of final CUP approval, the
conditional use permit shall be rendered null and void.
07-16-02
PASSED, APPROVED AND ADOPTED this 16th day of July, 2002, by the
following vote, to wit:
ATTEST:
�(/INw�
DIANE BATHGATE, 4' OR
R. (�
VAHAN. 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. 02-07-16-07 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: Hart, Campbell, Swerdlin, Gelff and Mayor Bathgate
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
07-16-02