15-0616_IMPERIO MOTORS, LLC_F10_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and City Council members
FROM: Cindy Russell, Chief Financial Officer/City Treasurer ~
DATE: June 16, 2015
6/16(2015
F10
SUBJECT: Consideration of a License Agreement for Temporary Vehicle Storage on
the Lower Rosan Ranch (Imperio Motors, LLC dba Imperio Nissan of San
Juan Capistrano and Komex Motors, LLC dba Imperio KIA of San Juan
Capistrano) (APN 121-240-73, 121-253-13 and 15)
RECOMMENDATION:
By motion, approve a two (2) year License Agreement by and between the City of San
Juan Capistrano, Imperio Motors, LLC dba Imperio Nissan of San Juan Capistrano and
Komex Motors , LLC dba Imperio KIA of San Juan Capistrano for temporary vehicle
storage on the Lower Rosan Ranch property (APN 121-140-73, 121-253-13 and 15).
EXECUTIVE SUMMARY:
In 2007, the City Council approved vehicle storage as a permitted temporary land use
on the Lower Rosan Ranch property in support of the San Juan Capistrano-based auto
dealerships and from September 2007 to September 2013, the property was used by
San Juan Capistrano-based auto dealerships for temporary storage of vehicle inventory.
Recently, Imperio Nissan of San Juan Capistrano and Imperio KIA of San Juan
Capistrano (Imperio Nissan and KIA) have indicated that their facilities do not provide
enough space for vehicle inventory storage, employee parking, parts and service.
Imperio Nissan and KIA indicate that vehicle inventory is currently stored at an off-site
location on a month-to-month basis and this site will no longer be available.
Imperio Nissan and KIA are requesting a license agreement for approximately two (2)
acres of the Lower Rosan Ranch property to temporarily store vehicle inventory while
they secure more permanent arrangements. The proposed License Agreement
(Attachment 1) is for a two (2) year term, starting at $1,000 per month per acre ($2,000
per month total) and increasing to $1,750 per month per acre ($3,500 per month total)
for a total projected license fee totaling $72,000 over the two (2) year term of the
Agreement and a ninety (90) day termination without cause by any party.
City Council Agenda Report
June 16, 2015
Page 2 of 3
DISCUSSION/ANALYSIS:
The Lower Rosan Ranch property was acquired by the San Juan Capistrano
Redevelopment Agency (former Redevelopment Agency) in 1988 for implementation of
the former Redevelopment Agency plan. On August 7, 2007, the City Council adopted
Resolution 07-08-07-08 (Attachment 2) to permit the temporary storage of dealership
inventories on the property for a period longer than twelve (12) months while pursuing
longer term objectives for the property.
The Planning Commission Adopted PC Resolution No. 07-11-13-2 (Attachment 3)
approving Temporary Use Permit 07-008 on November 13, 2007, authorizing the
development and operating of a temporary vehicle storage facility on four (4) acres of
the Lower Rosan Ranch property. From September 2007 through November 2013, the
former Redevelopment Agency had License Agreements with Capistrano Toyota Scion
and Tuttle-Click's Capistrano Ford for temporary vehicle storage on the property
pending the auto dealership's improvement of its property for additional vehicle
inventory storage and/or securing other storage for their vehicle inventory.
In June 2011, the dissolution of the Redevelopment Agency by the State of California
resulted in the property and the License Agreements in place at that time transferring to
the Successor Agency to the San Juan Capistrano Community Redevelopment Agency
(Successor Agency). On January 21, 2015, the State Department of Finance approved
the Successor Agency's Long Range Property Management Plan and authorized the
property to be transferred to the City for its intended Redevelopment purpose and the
City Council accepted the quitclaim of the property from the Successor Agency on April
21,2015.
The City is currently evaluating its options regarding the disposition of the property.
Therefore, the proposed License Agreement includes a ninety (90) day termination
without cause for any of the parties.
FISCAL IMPACT:
The proposed license agreement would generate $72,000 over the proposed two (2)
year term of the License Agreement.
The approved Long Range Property Management Plan indicates that the City will be
required to enter into compensation agreements in the future, which could result in a
requirement to share any proceeds generated from the property with other taxing
entities. The City is currently investigating its options as it relates to compensation
agreements. Therefore, it is recommended that any license fees collected from the
proposed License Agreement be set-aside in a City-maintained trust account pending a
final determination regarding compensation agreements and any requirement to share
proceeds from the property.
ENVIRONMENTAL IMPACT:
This project has been reviewed in accordance with the California Environmental
Quality Act. The City's Environmental Administrator has determined that the project
is Categorically Exempt (Section 15304 (e)) minor temporary use of land having
City Council Agenda Report
June 16, 2015
Page 3 of 3
negligible or no permanent effects on the environment. The use has been found by
the Environmental Administrator to not create any adverse impacts such as
aesthetics, noise, and traffic or safety concerns. A Notice of Exemption (NOE) will be
posted should the project receive final approval.
PRIOR CITY COUNCIL/FORMER REDEVELOPMENT AGENCY REVIEW:
• On August 7, 2007, the City Council approved Resolution 07-08-07-08 approving
the addition of vehicle storage as a permitted temporary land use within
subsection 9-3.553(h) of the San Juan Capistrano Municipal Code.
• On September 4, 2007, the former Redevelopment Agency Board of Directors
approved a License Agreement for Temporary Vehicle Storage with Superior
Auto of SJC, LLC dba, Toyota/Scion of San Juan Capistrano.
• On March 4, 2008, the former Redevelopment Agency Board of Directors
approved a License Agreement Amendment to require the Licensee to be
responsible and accountable for and comply with all terms and provisions of the
County Property Encroachment Permit required to access the property.
• On February 2, 2010, the former Redevelopment Agency Board of Directors
approved a Second Amendment to the License Agreement reducing the license
fee from $2,000 per acre per month, down to $1,000 per acre per month.
• On February 15, 2011, the former Redevelopment Agency Board of Directors
approved two (2) License Agreements for temporary vehicle storage with TCAG,
Inc. (Tuttle-Click's Capistrano Ford) and Hogan SRK, dba Capistrano Toyota-
Scion for a license fee of $1,000 per acre per month.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On November 13, 2007, the Planning Commission approved PC Resolution 07-11-13-2
approving Temporary Use Permit 07-008 authorizing the development and operation of
a temporary vehicle storage facility on the Lower Rosan Ranch property (Attachment 3).
NOTIFICATION:
Imperio Motors, LLC dba Imperio Nissan of San Juan Capistrano
Komex Motors, LLC dba Imperio KIA of San Juan Capistrano
Capistrano Valley Mobile Estates
ATTACHMENTS:
Attachment 1 -Proposed License Agreement
Attachment 2-Minutes from the August 7, 2007 City Council meeting regarding
Resolution 07-08-07-08
Attachment 3-PC Resolution 07-11-13-2 Temporary Use Permit 07-008
LICENSE AGREEME1\i1
FOR TEMPORARY VEHICLE STORAGE
THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of June ___ ,
2015, by and between the City of San Juan Capistrano, a California municipal corporation
("Licensor''), Imperio Motors, LLC dba Imperio Nissan of San Juan Capistrano, ("Nissan Licensee")
and Komex Motors, LLC dba Imperio KIA of San Juan Capistrano ("Kia Licensee" and, together
with the Nissan Licensee, the "Licensees''). The City and Licensees are sometimes refened to
together herein as the "Parties.''
WITNESSETH
WHEREAS, Licensor is the owner of certain unimproved real property located between the
Orange County Transp011ation Authority railroad tracks and the Orange County flood control
channel and north of Stonehill Drive in the City of San Juan Capistrano, County of Orange, State of
California, commonly referred to as APN 121-240-73: 121-253-13, and 121-253-15, hereinafter,
("Lower Rosan Site"); and
\VHEREAS, Licensees have a need for a temporary storage yard for vehicle inventory; and
\VHEREAS. Licensees desire to use portions of the Lower Rosan Site and more particularly
described in ~xhj}2it~;\" attached hereto and incorporated herein by reference ("Property''), for the
temporary storage of inventory for the automobile dealerships operated by Licensees, as described in
more detail in Section l(d) below (referred to herein as the ''Pennitted Activities''); and
WHEREAS, Licensor desires to grant Licensees permission to engage in said Pennitted
Activities upon the Prope1ty, subject to Licensees obtaining the Required Approvals described
below; and
NOW THEREFORE, in consideration of the mutual covenants and obligations of the parties
herein contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
Section 1. ~~ti,i_~Ii~b!llY.f.l1_()f License Provisions.
(a) Grant of License. On the terms and subject to the conditions set fm1h in this
Agreement, Licensor hereby grants to Licensees and their representatives and agents a non-exclusive,
revocable license to enter upon the Property for the sole purpose of conducting the "Permitted
Activities" described in Section l(d) below. This Agreement is intended to create a temporary
license and shall not be deemed to grant or convey an easement, irrevocable license, lease or fee
interest in the Licensor's Propetty.
(b) fiannir_H! and Land Usc J:ntitlemcnt:-;_;_~~Q_ove~rt).l11ental .~mwals as Condition
Precedent. The use of the property by the Licensees for Permitted Activities pursuant to this
Agreement is subject to Licensees obtaining a Temporary Use Permit and any other applicable land
usc permits required under the San Juan Capistrano Municipal Code (collectively, "City Approvals''),
including compliance with the Califomia Environmental Quality Act (''CEQA"), and any other
required approvals from federal and state regulatory agencies (together with the City Approvals and
ATTACHMENT 1 -Page 1 of 8
CEQA compliance, the ''Required Approvals''). Licensees shall be solely responsible for any costs
associated with the obtaining of required pcnnits and the City's compliance with CEQA.
(c) Term of License Agreement. This Agreement shall take effect upon the date of
approval first above written and shall terminate two (2) years thereafter, unless earlier te1minated as
provided in Sections 2( a) or 2(b) below.
(d) .re.rrnitte_d Activ_itjt;:s. Licensees are authorized to prepare the land to receive and store
new vehicle inventory subject to securing all Required Approvals as noted above. Preparation of the
site includes, but is not limited to, minor grading for earthen access ramp, creating a level useable 2
acre pad, and proper drainage. Temporary improvements include, but are not limited to, gravel base
for inventory parking area and access ramp, security fencing and limited lighting, and minor
directional signage for delivery personnel. On-going operational activities are limited to the
transport, drop-off and pick-up of new vehicle inventories from 8:00am to 8:00pm Monday through
Sundays and Federal Holidays. Large transport vehicle drop-off activity on-site shall be limited to
the hours between 8:00am to 5:30pm Monday through Saturday only. No transport deliveries shall
occur on Sundays or Holidays. Dealership preparation, wash down and/or detailing is not a
pcnnitted activity. The use is exclusively limited to the storage of new vehicle inventory; no other
use, including storage of used vehicle invent01y or storage of vehicles being held for repair or
service, is pen11ittcd.
(c) Consideration/Fee tor License. The Licensees shall pay to Licensor a license fee
totaling two thousand dollars ($2,000.00) per month from the effective date through November 30,
2015, from December 1, 2015 through May 31, 2016 Licensees shall pay to Licensor a license fee
totaling three thousand dollars ($3,000.00) per month, and thereafter totaling three thousand five
hundred dollars ($3,500.00) per month through the remaining tenn of the Agreement which shall be
split equally between the Licensees as tallows:
Payment shall be made on the first day of each month. Licensees' failure to pay license fee by the
1Oth day of the month will result in a late charge of 10% of the late payment amount License fee
and other payments shall be paid by Licensees to Licensor at Licensor's notice address set forth
herein.
Section 2. J~JJnil_I<!,tion, Default, & Restoration of I ,and to Original Condition.
(a) Tetmination Without Cause. This Agreement may be tenninated by Licensor without
cause by giving ninety (90) days written notice to Licensees. Either of the Licensees may terminate
its participation in this Agreement without cause by giving ninety (90) days written notice to
Licensor.
(b) Default and Cure Provisions; Termination For ~,<;lt,g>"t:;. In addition to the rights
described in Section 2(a), Licensor shall have the right to terminate this Agreement immediately
upon Licensees' Default. "Default" means the failure of Licensees to perform or violation of any
2 ATTACHMENT 1 -Page 2 of 8
tenn, condition, covenant or agreement of this Agreement, and the continuation of such failure or
violation for a period of ten ( 1 0) days after Licensor shall have given Licensees written notice
specifying the same, or in the case of a situation in which the default cmmot reasonably be cured
within ten (1 0) days, if Licensees shall not promptly, within ten (1 0) days after receipt of such notice,
commence to remedy the situation by a means that can reasonably be expected to remedy the
situation within a reasonable period of time, not to exceed thirty (30) days fi·om the notice of Default,
and diligently pursue the same to completion. In the event of any Default by Licensees, including
expiration of any applicable cure period, Licensor may terminate the Agreement and remove
Licensees and their property from the Property by any lawful means available in Jaw or equity.
(c) Restoration of Land to OrigitmLS_'_ondition Upon License Termination. Upon
termination of the Agreement, Licensees shall be responsible for removing all improvements the
Licensees placed upon the land, unless Licensor elects in writing to accept some or all of said
improvements. Any improvements accepted by Licensor will be at no cost to Licensor. Licensees
shall promptly initiate and exercise due diligence in removing said improvements until all
improvements have been removed, which shall be completed within not more than thirty (30) days
following termination of this Agreement.
(d) Effect of Tennination. Termination of this Agreement shall in no way prejudice any
of the rights and remedies available to Licensor at law or in equity, and Licensees acknowledge and
agree that all of the obligations and responsibilities of Licensees under this Agreement shall continue
and survive such tennination.
Section 3.
Licensees' rights hereunder shall be conditioned upon, and Licensees shall, at their sole cost
and expense, comply with each and evety federal, state and local law, re6rulation, standard, court
decision, ordinance, rule, code, order, decree, directive, guideline, permit and permit condition,
together with any declaration of covenants, conditions and restrictions that are recorded in any
official or public records with respect to the Property or any pmiion thereof, each as currently
existing and as amended, enacted, issued or adopted from time to time, that are applicable to the
construction and use of the parking lot on the Property. Nothing herein shall be construed to give
Licensees any approvals nonnally required under the City's ordinances or local regulations,
including the City Approvals. Without limiting the generality of the foregoing, any approvals
normally required for any lighting, grading, drainage, or other issues shall be processed by Licensees
and City pursuant to City's normal procedures and the Municipal Code.
Section 4.
Licensor has no duty to inspect the Property and no duty to warn Licensees or any person of
any other latent or patent defect, condition or risk that might be incutTed in entering the Property.
Licensees have inspected or will inspect the Property and hereby accept the condition of the Property
"AS IS." Licensees acknowledge that neither Licensor nor any employee, agent or representative of
Licensor has made representations or wananties concerning the condition of the Property. All
persons entering the Prope1iy under this Agreement do so at their own tisk.
3 ATTACHMENT 1-Page 3 of 8
Section 5. Permitsa.nc!Approvals: Standard of:Work.
At its sole cost and expense, Licensees shall obtain all Required Approvals required in order
to engage in the Permitted Activities. Licensees shall comply, and shall cause their agents and
representatives to comply, with all laws, codes, rules, regulations and permits applicable to the
Permitted Activities. All Pennitted Activities shall be performed in accordance with the highest
standards and practices in the industry.
Section 6. I119empiJigati9ll·
Licensees shall indemnifY, defend, protect and hold the City of San Juan Capistrano and its
elected and appointed officials and employees, and any of their agents harmless from and against all
claims, causes of action, damages, losses, liabilities, costs and expenses (including, without
limitation, reasonable attorneys' and consultants' fees and costs) caused by or arising in connection
with the Permitted Activities and the entry onto the Property by Licensees and/or their guests,
invitees, agents, and representatives. Licensees' indemnification and defense obligations pursuant to
the foregoing shall apply to, without limitation: (i) personal injury, property damage and nuisance;
(ii) any liens, claims, demands, actions or suits arising from the Permitted Activities; and (iii) any
costs of enforcement of any provision of this Agreement.
Section 7. Liability for Damage.
With respect to Licensees' rights under this Agreement, Licensees shall be responsible for
any damage done to any person, or to the Property or any other property, caused by Licensees, their
officers, directors, employees, agents, independent contractors, insurers, lenders, representatives,
successors or pem1itted assigns of Licensees, and the other users.
Section 8. Insurance Coverage Required.
Each Licensee shall maintain in effect during the entire term of this Agreement each of the
following:
A Comprehensive General Liability Insurance which af1ords coverage including
completed operations and contractual liability, with limits of liability of not less than $2,000,000 per
occurrence and $4,000,000 annual aggregate for liability arising out of Licensee performance of this
Agreement. The limits shall be provided by either a single primary policy or combination of
policies. If limits are provided with excess and/or umbrella coverage the limits combined with the
primary will equal the minimum limits set forth above. If written with an aggregate, the aggregate
shall be double the each occurrence limit. Such insurance shall be endorsed to:
(1) Name the City of San Juan Capistrano and its employees,
representatives, officers and agents (collectively hereinafter "City and City Persom1el") as additional
insured for claims arising out of Licensees' performance of this Agreement.
(2) Provide that the insurance is primary and non-contributing with any
other valid and collectible insurance or self-insurance available to City.
A statement on an insurance certificate will not be accepted in lieu of the actual endorsement.
4 ATTACHMENT 1 -Page 4 of 8
B. Automobile Liability Insurance with a limit of liability of not less than
$1 ,000,000 each occurrence and $2,000,000 annual aggregate. The limits shall be provided by either
a single primary policy or combination of policies. If limits are provided with excess and/or
umbrella coverage the limits combined with the primary will equal the minimum limits set above.
Such insurance shall include coverage for all "owned," "hired" and "non-owned" vehicles, or
coverage for "any auto." Such insurance shall be endorsed to:
(1) Name the City and City Personnel as additional insured for claims
arising out of Licensee performance of this Agreement.
(2) Provide that the insurance is primary and non-contributing with any
other valid and collectible insurance or self-insurance available to City.
A statement on an insurance certificate will not be accepted in lieu of the actual endorsement.
C. Workers' Compensation Insurance in accordance with the Labor Code of
California and covering all employees of the Licensee providing any service in the performance of
this agreement. Such insurance shall be endorsed to: Waive the insurer's right of Subrogation
against the City and City Personnel.
A statement on an insurance certificate will not be accepted in lieu of the actual endorsement.
D. Evidence of Insurance: Licensee shall provide to City a Certificate(s) of
Insurance evidencing such coverage together with copies of the required policy endorsements at least
fifteen (15) business days prior to the expiration of any policy. Coverage shall not be suspended,
voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any
reason, without thi11y (30) days prior written notice thereof given by the insurer to City by U.S. mail,
or by personal delivery, except for nonpayment of premiums, in which case ten ( 1 0) days prior notice
shall be provided.
Signed insurance certificates, endorsements and the general liability declaration page must be
sent via email from Licensee's insurance broker/agent to the City at mmorris@sanjuancapistrano.org.
Certificate Holder:
City of San Juan Capistrano, California
32400 Pasco Adelanto
San Juan Capistrano, CA 92675
E. Endorsements: A statement on an insurance certificate will not be accepted
in lieu of the actual endorsement. Insurance policies shall not be in compliance if they include any
limiting provision or endorsement that has not been submitted to the City for approval.
Additional Insured Endorsements shall not:
1. Be limited to "Ongoing Operations"
2. Exclude "Contractual Liability"
3. Restrict coverage to the "Sole'' liability of Licensee
4. Contain any other exclusion contrary to the Agreement.
5 ATTACHMENT 1 -Page 5 of 8
F. Acceptability of Insurers. Each policy shall be from a company with current
A.M. Best's rating of A VII or higher and authorized to do business in the State of California or
approved in writing by the City.
Section 9.
Licensees shall not pcnnit to be placed against the Property, or any part thereof: any design
professionals', mechanics', materialmen's, contractors' or subcontractors' liens due to Licensee's
construction activities thereon or use thereof. Licensees shall indemnify, defend and hold Licensor
hannless from all liability for any and all liens, claims and demands, together with the costs of
defense and reasonable attorneys' fees, related to same.
In addition to and not in limitation of Licensor's other rights and remedies under this
Agreement, should Licensees fail either to discharge any lien or claim related to Licensees'
construction activities on or use of the Property or to bond tor any lien or claim to the reasonable
satisfaction of Licensor, or to indemnify, hold hannless and defend Licensor from and against any
loss, damage, injury, liability or claim arising out of Licensee use of the Property, then Licensor, at
its option, may elect to pay any lien, claim, loss, demand, injury, liability or damages, or settle or
discharge any action or satisfy any judgment and all costs, expenses and attorneys' fees incurred in
doing so shall be paid to Licensor by Licensees upon written demand, together with interest thereon
at the rate of ten percent ( 1 0%) per annum from the date incurred or paid through and including the
date of payment by Licensee.
Section 10. NQtic~~.
Any notices required to be given under this License Agreement shall be sent to the following
parties by either fax transmission or first class mail postage prepaid as follows:
To LICENSOR:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Karen Brust, City Manager
Section 11. Entire Agreement.
To LICENSEES:
Imperio Motors, LLC
dba Imperio Nissan of San Juan Capistrano
33633 Camino Capistrano
San Juan Capistrano, CA 92675
Attn: Tommy Morgan
Komex Motors, LLC
dba Imperio KIA of San Juan Capistrano
33011 Camino Capistrano
San Juan Capistrano, CA 92675
Attn: Tommy Morgan
This Agreement sets fotth the entire agreement of the parties with respect to the subject
matter hereof and supersedes all prior discussions, negotiations, understandings or agreements
relating thereto.
6 ATTACHMENT 1 -Page 6 of 8
Section 12. "No Oral Modification.
No alteration or variation of this Agreement shall be valid or binding unless made in writing
and signed by the parties hereto.
Section 13. Assignment.
Licensees may not assign any of their rights under this Agreement, either voluntarily or by
operation oflaw.
Section 14. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of the State
of California.
Section 15. Authority.
Each signatmy hereto wanants to the other party its authority to sign on behalf of the party
for whom its purports to sign.
[Signatures on next page]
7 ATTACHMENT 1-Page 7 of 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first
written.
Attest:
Maria Morris, City Clerk
Approved as to Form:
LICENSOR:
City of San Juan Capistrano,
a California municipal corporation
Derek Reeve, Mayor
LICENSEE:
Imperio Motors, LLC
dba I rio Nissan of San Juan Capistrano
LICENSEE:
Komex Motors, LLC
dba Imperio KIA of San Juan Capistrano
0iformo !YJ¥"'--
8
Exhibit "A"
DESCRIPTION OF PROPERTY UNDER LICENSE
Portions of APN 121-240-73; 121-253-13 and 121-253-15 consisting of approximately 4.0 acres as
identified on the attached site plan.
A-1
EXHIBIT A -Page 1 of 2
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EXHIBIT A -Page 2 of 2
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Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen and carried 3-2, with Council Member Hribar and Mayor pro tern
Soto against to receive and file the Sanitary Sewer Master Plan; and direct staff
to initiate the Proposition 218 hearing process for consideration of proposed
sewer rates.
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar, Soto
ABSTAIN: COUNCIL MEMBERS: None
PLANNING DIRECTOR
RESOLUTION NO. 07-08..07-08 ADOPTED AUTHORIZING VEHICLE
STORAGE AS A PERMITIED TEMPORARY LAND USE FOR LOWER ROSAN
RANCH. (APN 121-240-39; 121-240-73; 121-253-13; 121-253-15) CITY
COUNCIL PRIORITY 7A (420.10)
Description: At its July 3, 2007, meeting, the Community Redevelopment
Agency (CRA) Board of Directors supported vehicle storage for temporary use of
Lower Rosan Ranch Property, and mixed use development for permanent use.
The CRA Board Members on the Lower Rosan Subcommittee, established by
the CRA Chair to further review potential options and uses, concurred to allow
Superior Auto, LLC of SJC dba Toyota/Scion of San Juan Capistrano to
temporarily utilize a portion of the property during construction of improvements
at the dealership. In addition, the CRA Board Members on the Lower Rosan
Subcommittee concurred that a mixed use development would be the preferred
permanent land use for the site, and recommended staff make arrangements
with the City of Dana Point and Orange County Flood Control District to annex
adjacent properties. Staff recommended Council receive the staff report on
recommended temporary and long term uses for the Lower Rosan Ranch
Property; adopt a resolution authorizing vehicle storage as a permitted temporary
land use within subsection 9-3.553(h) of the San Juan Capistrano Municipal
Code; and direct staff as to how to proceed with recommended permanent
development issues.
Written Communications:
Report dated August 7, 2007, by Grant Taylor, Assistant Planning Director.
Letter dated August 3, 2007, from Lee W. Phelps, Mission Completed
Contractors California, INC., stating their interest in developing the Lower Rosan
Ranch Property.
13 8-7-2007
ATIACHMENT 2-Page 1 of 2
Letter dated August 6, 2007, from an anonymous resident, requesting one story
buildings and "Green" development for the site.
Letter dated August 7, 2007, from Richard and Susie Zodnik, City residents,
requesting the establishment of an emergency exit for Capistrano Valley Mobile
Estates residents in the development plans for the site.
Presentation: Grant Taylor, Assistant Planning Director, reviewed the staff
recommendation.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to adopt Resolution No. 07-08-
07-08, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ADDITION OF
VEHICLE STORAGE AS A PERMITTED TEMPORARY LAND USE WITHIN
SUBSECTION 9-3.553(H) IN THE SAN JUAN CAPISTRANO MUNICIPAL
CODE;" and direct staff to proceed with recommending permanent development
solutions.
ORDINANCES
1. ORDINANCE NO. 928 AMENDING MUNICIPAL CODE SECTION 3-1.102
RELATED TO ISSUANCE OF BUSINESS LICENSE PERMITS ADOPTED.
(430.20/390;60)
Description: Staff recommended Council approve second reading and adoption
of the ordinance regulating the issuance of business license permits.
Written Communications: Report dated August 7, 2007, by Meg Monahan, City
Clerk.
Meg Monahan, City Clerk, read the title of the ordinance, entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING MUNICIPAL CODE SECTION 3-1.102 OF THE MUNICIPAL CODE
RELATING TO THE ISSUANCE OF BUSINESS LICENSE PERMITS."
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried unanimously, 5-0, to approve second reading and
adoption of the ordinance regulating the issuance of business license permits.
14 8-7-2007
ATTACHMENT 2 -Page 2 of 2
PC RESOLUTION NO. 07-11-13-2
TEMPORARY USE PERMIT 07-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TEMPORARY USE
PERMIT (TUP) 07-008 AUTHORIZING THE DEVELOPMENT AND
OPERATION OF A TEMPORARY VEHICLE STORAGE FACILITY ON
FOUR (4) ACRES OF A FIFTEEN ACRE VACANT LOT FOR TOYOTA OF
SAN JUAN CAPISTRANO ON PROPERTY OWNED BY THE SAN JUAN
CAPISTRANO REDEVELOPMENT AGENCY (LOWER ROSAN RANCH)
ASSESSOR PARCEL NUMBERS 121-253-13, 121-253-15 AND 121-240-73
IN THE CM (COMMERCIAL MANUFACTURING) ZONE
Whereas, the San Juan Capistrano Redevelopment Agency adopted a resolution
authorizing vehicle storage as a temporary permitted use in the CM zone; and
Whereas, the San Juan Capistrano Redevelopment Agency has approved a license
agreement with Toyota of San Juan Capistrano leasing four acres of a fifteen acre parcel
for a temporary vehicle storage facility and associated improvements; and,
Whereas, the temporary vehicle storage facility is consistent with the General Plan
Quasi-Industrial designation and CM (Commercial Manufacturing) zoning; and,
Whereas, the temporary vehicle storage facility is consistent with provisions set forth
in the San Juan Capistrano Municipal Code to include but not be limited to 9-3.305
Industrial Districts, 9-3.553 Temporary Uses and S.tructures, and 9-2.323 Grading Plan
Review; and
Whereas, the project was reviewed in compliance with the California Environmental
Quality Act (CEQA) Guidelines and the City's Environmental Administrator has determined
that the project is Categorically Exempt from CEQA pursuant to Section 15304(a) Minor
Alterations to Land; and
·whereas, the Planning Commission conducted a duly noticed public hearing on
November 13, 2007 pursuant to Section 9-2.335 of the Municipal Code, City Council Policy
5, and Planning Department Policy 510 to consider public testimony on the proposed
amendment and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City
of San Juan Capistrano hereby approves Temporary Use Permit (TUP) 07-008 subject to
conditions set forth in the attached Exhibit "A".
ATTACHMENT 3 -Page 1 of 6
PC Resolution-TUP 07-008 2 November 13, 2007
PASSED, APPROVED AND ADOPTED this 13th day of November, 2007, by
the following vote:
AYES: Chairman Cardoza, Commissioners Ratcliffe and Kerr
NOES: None
ABSTAIN: Commissioner Cohen
ABSENT: Commissioner Neely
Grant Taylor, SEieretary
ATTACHMENT 3-Page 2 of 6
PLANNING COMMISSION RESOLUTION #: 07-11-13-2
EXHIBIT "A"
CONDITIONS OF APPROVAL
Project Case #: Temporary Use Permit (TUP) 07-008
Project Name: Toyota of San Juan Capistrano, Temporary Vehicle Storage Facility
APPROVAL DATE: November 13, 2007
EFFECTIVE DATE: November 13, 2007
EXPIRATION DATE: May 28, 2009 (unless license agreement extended)
These conditions of approval apply to Temporary Use Permit (TUP) 07-008 that authorize
development and operation of a temporary vehicle storage facility and associated improvements to
include grading, drainage, paving, fencing and lighting on four (4) acres of a fifteen (15) acre parcel
owned by the San Juan Capistrano Community Redevelopment Agency (Lower Rosan Ranch) in
the CM (Commercial Manufacturing) zone, Assessor Parcel Numbers 121-253-13,121-253-15 and
121-240-73), located north of Stonehill Drive, south of the Capistrano Valley Mobile Estates,
between the OCT A railroad tracks and Orange County flood control channel.
GENERAL CONDITIONS
1. Temporary Use Permit (TUP) 07-008 authorizes development and operation of a temporary
vehicle storage facility with applicable improvements on four (4) acres of a fifteen (15) acre
vacant parcel on property identified as Assessor Parcel Numbers 121-253-13, 121-253-15
and 121-240-73 known as Lower Rosan Ranch in the CM (Commercial Manufacturing)
zone. This project approval is based on and subject to the designs in the application
materials submitted by Toyota of San Juan Capistrano and plans prepared by Teal
Engineering. The Planning Commission approval includes and is limited to development
and operation of a temporary vehicle storage facility on four (4) acres of land near Stonehill
Drive as specified on the approved plans.
Minor modifications to this project approval may be approved by the Planning Director
pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code.
2. Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and
designs shall be prepared, signed, and stamped (when required) only by those individuals
legally authorized to do so.
ATTACHMENT 3 -Page 3 of 6
4. The applicant shall be responsible for informing all subcontractors, consultants, engineers,
or other business entities providing services related to the project of their responsibilities to
comply with these conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business license be obtained
by all entities doing business in the City.
5. The use shall meet the standards and shall be developed within the limits established by the
Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any
public nuisances arising or occurring incidental to the establishment or operation
6. The applicant shall pay all fees at the time fees are determined payable and comply with all
requirements of the applicable federal, state, and local agencies. The duty of inquiry as to
such requirements shall be upon the applicant
7. The applicable approvals and clearance from other departments and agencies shall be on
file with the Building and Safety Department prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specified in these conditions.
Temporary Parking Lot
8. The applicant shall provide a four-inch (4") minimum aggregate base throughout the parking
lot and vehicle circulation areas.
9. The project shall demonstrate compliance with parking lot illumination standards set forth in
San Juan Capistrano Municipal Code Section 9-3.529, Tables 3-22 and 3-23. A photometric
plan may be required that demonstrates the number of lights, lighting levels, shielding, pole
detail and height and specifications of the light fixtures.
10. All excess soil shall be placed on the north side of the lease area and may be laid out into a
berm not to exceed eight feet (8') in height.
Vehicle Delivery
11. There shall be no deliveries or parking of transport trucks on Stonehill Drive at any time.
Deliveries shall be made on-site at the temporary lot or at the dealership location only.
12. Toyota shall as part of is expansion plans, demonstrate that all delivery trucks are unloading
on the property and not on Camino Capistrano.
Access Driveway
13. The driveway shall consist of asphalt finish and the asphalt area shall be less than 4,995
square feet in area.
14. Vehicle access clearance shall be and minimum of twenty-feet (20') clear and shall be
reviewed and approved by the Orange County Fire Authority (OCFA).
15. Prior to any extension to the eighteen ( 18) month license agreement, Toyota may be
requested to install a curb-cut with driveway apron per City standards at Stone Hill Drive and
the access driveway.
ATTACHMENT 3-Page 4 of6
Public Works
16. Prior to grading provide the Public Works Department with calculations demonstrating the
existing eight-inch (8") water main running through the project site will withstand loads or
provide improvement designs for the eight-inch (8") ACP to be protected by a load
dispersion device to prevent damage ..
Engineering & Building
17. Any drainage and/or storm drain improvements shall be reviewed and approved by the
Engineering and Building Department.
18. The applicant shall comply with provisions set forth in the Water Quality Management Plan
(WQMP) as approved by the City.
Planning
19. The applicant shall comply with all prov1s1ons set forth in the San Juan Capistrano
Community Redevelopment Agency (CRA) license agreement.
20. Fencing material, height and proposed barb wire shall be subject to approval by the
Planning Commission.
21. Prior to installation, identify the location of directional sign(s), provide elevations,
specifications, and obtain a sign permit.
22. Prior to installation, identify any portable toilets, structures, utilities or other improvements on
the plans.
23. No washing of vehicles or repair activities shall be permitted on the property at any time.
24. The site shall be maintained in a neat and clean condition free of litter at all times. Other
than vehicles, no outside storage shall be permitted.
25. The vehicle inventory lot activities shall be limited to the hours of 8:00 am to 8:00 pm
Monday through Saturday and 10:00 am to 5:00 pm Sundays and holidays.
26. Should transport trucks use the site they shall be limited to the hours of 8:00am to 5:30pm
Monday through Saturday with no access Sundays and holidays.
Added by Planning Commission 11/13/07
27. Exterior lighting shall be turned off no later than 8:30 pm and shall not be turned on until
sunrise daily.
28. The applicant shall implement erosion control measures on the earthen berm to include but
not be limited to hydroseeding.
29. The applicant shall implement dust control measures to include but not be limited to watering
the site daily.
ATTACHMENT 3-Page 5 of 6
Applicant Sign
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Applicant's Name (Print~
ATTACHMENT 3-Page 6 of 6
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