Resolution Number 89-7-18-5207
RESOLUTION NO. 89-7-18-5
89-1 FOR EST
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT 89-1 FOR ESTABLISHMENT OF GAS STATION AND
CONFIRMING PLANNING COMMISSION DENIAL OF APPLICATION
TO ESTABLISH CAR WASH (PUEBLO SERRA/ENTERPRISE
CONSTRUCTION)
WHEREAS, the applicant, Enterprise Construction Inc., 2955 E. Main Street,
Irvine, California, has submitted an application for a conditional use permit to establish a
gas station -car wash land use within the commercial portion of the proposed Pueblo Serra
planned community development; and,
WHEREAS, the City's Environmental Review Board has determined that the
overall Pueblo Serra Planned Community project of which this application is a part would
have a significant impact on the environment, has accordingly required preparation of an
environmental impact report, and has otherwise carried out all requirements of the
California Environmental Quality Act; and,
WHEREAS, the City's Planning Commission has denied the conditional use
permit; and,
WHEREAS, the applicant has appealed the Planning Commission denial to the
City Council; and,
WHEREAS, a public hearing has been duly noticed and held to receive public
testimony on the appeal; and,
WHEREAS, the City Council does hereby find and determine as follows
regarding the gas station land use only:
1. The proposed land use is consistent with the goals, policies, and
objectives of the General Plan.
2. The proposed land use is in conformance with all applicable requirements
of Title 9 (Land Use) of the Municipal Code.
3. The proposed land use is compatible with existing and proposed uses
within the immediate vicinity.
4. The subject property is capable of accommodating the proposed land use
and its associated development.
WHEREAS, the City Council does hereby find and determine as follows
regarding the car wash land use only:
1. The proposed land use is not consistent with the goals, policies, and
objectives of the General Plan.
2. The proposed land use is not compatible with other nearby uses and is
otherwise not appropriate to the proposed site.
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3. The proposed land use would create unacceptable noise and visual
impacts within and adjacent to the site.
NOW, THEREFORE, BE IT RESOLVED, that based upon the preceding findings
regarding the gas station land use, the City Council of the City of San Juan Capistrano,
does hereby approve Conditional Use Permit 89-1, on appeal, for establishment of a gas
station land use only on the subject property, subject to the following conditions:
1. This approval pertains to the type and location of the gas station
only. No site plan, architecture, landscape, or other development
plans are included within this approval. Such plans shall be subject to the
City's normal three-step development review process in accordance with
the Municipal Code. In addition, development plans shall be approved by
the City Council prior to Phase III review of working drawings.
2. This conditional use permit shall not become effective unless and until
the development plans referenced in No. 1, preceding, are approved by
both the Planning Commission and the City Council.
3. Development of the site shall be subject to normal City improvement
requirements and conditions relating to such items as access, circulation,
dedications, fees, bonds, and similar items.
4. Provision shall be made in development of the site for effective visual
and noise buffering of the use form other surrounding areas.
5. No repair, service, or similar activities shall be conducted on the site.
6. This use permit is intended to provide primarily for the sale of petroleum
products on the subject property. Sale of food, beverages, or other
similar products, via vending machine or by direct sale, shall be totally
enclosed within a building and shall be limited to 40 square feet of floor
area.
BE IT FURTHER RESOLVED, that based upon the preceding findings regarding
the car wash land use, the City Council does hereby sustain and confirm the Planning
Commission's denial of the application for establishment of a car wash land use on the
subject property.
PASSED, APPROVED, AND ADOPTED this 18th day
of July , 1989.
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 89-7-18-5 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 18th day
Of July 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Bland and Mayor Hausdot+fer
NOES: None \'ti
ABSENT: Councilman Buchheim
(SEAL) a?
MARY A"NOVER, CITY CLERK
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