Resolution Number 93-6-1-1333
RESOLUTION NO. 93-6-1-1
' UPHOLDING APPEAL OF PLANNING COMMISSION APPROVAL -
FORSTER RECREATIONAL VEHICLE STORAGE FACILITY/CONDITIONAL
USE PERMIT 92-1 (FORSTER FAMILY TRUST/CULBERTSOM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, UPHOLDING THE APPEAL AND REVERSING
THE DECISION OF THE PLANNING COMMISSION ACTION OF MARCH 23,
1993, APPROVING CONDITIONAL USE PERMIT 92-1 FORA RECREATIONAL
VEHICLE STORAGE FACILITY FOR ASSESSOR'S PARCEL 121-090-50,
LOCATED AT 25232 CAMINO DEL AVION (FORSTER FAMILY
TRUST/CULBERTSON)
WHEREAS, the applicant, G.C. and E.P. Forster Family Trust, 4321 Exultant Drive, Rancho
Palos Verdes, California 90274, submitted an application for a Conditional Use Permit, Conditional Use Permit
92-1, to allow a Recreational Vehicle Storage Facility at 25232 Camino del Avion; and,
WHEREAS, on December 22, 1992, the Environmental Review Board determined that as
mitigated, the proposed project would not have a significant impact upon the environment and issued a mitigated
negative declaration; and,
WHEREAS, on January 26, 1993, the Cultural Heritage Commission recommended that
conditions regarding archaeological monitoring and protection of the Buddy Forster residence be included in the
approval of the storage facility by Resolution No. CHC 93-1-26-1; and,
' WHEREAS, on March 23, 1993, the Planning Commission held a public meeting and received
public testimony on the proposed recreational vehicle storage facility; and,
WHEREAS, the Planning Commission adopted Resolution No. PC 93-3-23-1, allowing the
conditional use permit; and,
WHEREAS, the appellant, Larry Culbertson, 32882 Avenida del Rosal, San Juan Capistrano,
California 92675, submitted an appeal of the approval of the conditional use permit for the recreational vehicle
storage facility; and,
WHEREAS, on May 18, 1993, the City Council held a duly -noticed public hearing to receive
public comment on the appeal of the Planning Commission's action of March 23, 1993; and,
WHEREAS, the City Council hereby finds and determines as follows:
1. Authori - The City Council is ultimately responsible for interpretation of the Zoning
Ordinance.
2. Legislative Intent - The City Council finds that, as it relates to residential districts, the
legislative intent of the provision of Municipal Code Section 9-3.304 requiring a
conditional use permit for the operation of recreational vehicle storage facilities was
to provide a mechanism to allow such facilities when they are incidental to the
principal residential uses within the district and not to facilitate a commercial use
within a residential district.
I3. Zoning Inconsistency - The proposal before the City Council is fundamentally
commercial in nature and intensity, primarily dependent upon storage of recreational
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vehicles from outside the immediate residential district and therefore, not consistent
with the underlying intent of Municipal Code Section 9-3.304.
4. Land Use Incompatibility - The commercial activity including the intensity of traffic
from large vehicles, the size of the facility, the potential amount of adverse noise and
the amount and intensity of light and glare from the proposed use will be incompatible
with the surrounding residential properties.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby reverse the March 23, 1993, Planning Commission decision and does deny Conditional
Use Permit 92-1.
1993.
PASSED, APPROVED, AND ADOPTED this 1st day of June
J YOR
ATTEST:
iro
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO
HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 93-6-1-1
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held
on the 1st day of June , 1993, by the following vote:
AYES: Council Members Hausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: Council Member Nash
(SEAL)
CHERYL J014NSOK CITY CLERK
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