Resolution Number 11-09-06-03RESOLUTION NO. 11-09-06-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, UPHOLDING THE APPEAL BY MERCADO
EL REY, THEREBY OVERTURNING THE PLANNING COMMISSION
DENIAL OF A PERMIT FOR TENANT IMPROVEMENTS FOR A
PROPERTY LOCATED AT 32252-54 CAMINO CAPISTRANO,
(APN 668-453-16) (MERCADO EL REY).
WHEREAS, the tenant, Mercado EI Rey, has appealed the Planning Commission's
decision to uphold an appeal by Dan Friess, thereby overturning Development Services
Department staff approval of a permit for tenant improvements. The -subject property has
a General Plan Designation of General Commercial (GC) and is zoned General
Commercial (GC); and,
WHEREAS, Dove Capistrano Partners LLC is the owner of real property located at
32252-54 Camino Capistrano, APN 668-453-16; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has determined the project is
statutorily exempt from CEQA review; and
WHEREAS, on June 28, 2011, the Planning Commission conducted a duly noticed
appeal hearing pursuant to Section 9-2.311 of the Municipal Code to consider public
testimony on the proposed project and upheld the appeal, thereby overturning staff
approval of the tenant improvement permit; and,
WHEREAS, on August 16, 2011 and September 6, 2011 „ City Council conducted a
duly noticed appeal hearing pursuant to Section 9-2.311 of the Municipal Code to
consider public testimony on the proposed tenant improvement permit appeal.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby uphold the appeal request for a tenant improvement
permit thereby overturning the Planning Commission decision of denial, based on the
information in the staff report and attachments, which are incorporated herein by
reference, and subject to the following findings:
1. The proposed use is a "Convenience Store" pursuant to the definition provided in
Appendix A of the San Juan Capistrano Municipal Code; and,
2. The proposed use of the property would not constitute an intensification of a
previously existing retail use of the property and, therefore, qualifies for legal non-
conforming status related to parking pursuant to Section 9-3.533(e) of the Title 9,
Land Use Code.
9/6/2011
PASSED, APPROVED AND ADOPTED this 6" day of September, 2011.
ALLEVATO, MAY R
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 11-09-06-03 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 6tb day of
September 2011, by the following vote:
AYES: / COUNCIL MEMBERS:
Taylor, Kramer and Mayor Allevato
NOES: C�� NCIL MEMBER:
Reeve
ABSENT: Cp�NCIL MEMBER:
None
RECUS
ED: ( UNCIL MEMBER:
Freese
916/2011