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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 h ) I ii II 1\ \\ II II II II 1\ \\ II II II II 1\ \\ II II II II 1\ \\ II II II 1\ 1\\ II II II I II~ \ I \ \ I OUOJ!'!(IOJ uonr U05 ZI--<H/(ZZ ·a·n d NVld 3~VNIVHO ONV ~NI<Ml~ 3Si::>3~d It I I I I I I I I I I lc I <( 1: I< lj I I I I I I I I I I I I I I I I I I I!! I ----------------~-------~ --3Aill0 lliH3NOlS EXHIBIT A -Page 2 of 2 I G3. a. I I 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 ~-'~-· --------- Applicant's Name (Print~ ATTACHMENT 3-Page 6 of 6 e·d E:08CJ6LclOS XH.::l 130:l3S~JI dH