PC Resolution-12-04-10-01PC RESOLUTION NO, 12-04-10-01
CONDITIONAL USE PERMIT (CUP)12-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A CONDITIONAL USE PERMITALLOWING
INDOOR VEHICLE STORAGE IN AN EXISTING 12,192 SQUARE FOOT SUITE
LOCATED AT 32891 CALLE PERFECTO (ASSESSORS PARCEL NUMBER; 668441
08) (PREFERRED TOWING)
Whereas, Ryan Rubin of Preferred Towing, LLC, 1520 Avenida de la Estrella,
San Clemente, CA 92672, has requested approval of Conditional Use Permit (CUP)12-
001 to allow indoor vehicle storage in an existing 12,192 square foot suite on property
located at 32891 Calle Perfecto which is General Plan -designated 4.0 Industrial Park and
classified as Industrial Park (IP) on the Official Zoning Map; and,
Whereas, Burke Calle Perfecto, LLC is the owner of real property located at
32891 Calle Perfecto, APN: 668-441.08; 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 reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 1 categorical exemption, and will cause the Notice of
Exemption to be posted pursuant to Section 15061(4) of the CEQA Guidelines which
provides that "the notice shall not be filed with OPR or the county clerk until the project has
been approved;" and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and technical
studies; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on April 10, 2012 pursuant to Title 9, land Use Code, Section 9-2.302, City Council Policy
5, and Planning Department Policy 510 to consider public testimony on the proposed
project and has considered all relevant public comments,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings as established by
Section 9-2,317 of Title 9, Land Use Code of the City of San Juan Capistrano:
PC Resolution 12.04.10.01 2 April 10, 2012
1, The General Plan designation "4.0 Industrial Park" allows for warehousing and
storage, therefore the proposed project is determined to be consistent with the
General Plan; and,
2, The proposed design is of the project will not be changed from the 1984 approval
since the applicant has not proposed any exterior modifications to the existing
building; and,
3. The site is adequate in size and shape to accommodate all yards, open spaces,
setbacks, walls and fences, parking and loading areas, fire and building code
considerations, trash and recycling enclosures, and otherfeatures pertaining to this
application because no physical improvements are being proposed, The vehicle
storage would occur completely within the existing building and would not require
any alterations to the existing site planning of the property; and,
4. The suites adjacent to Preferred Towing are occupied by a nautical products
company office and warehouse, and storage for a water filtration company. The
vehicle storage business will not produce a significant amount of light, noise, visual
blight, traffic, or other disturbances, nuisances, or hazards, given the low volume of
customers anticipated and the proposed storage entirely within the existing building.
Therefore, no significant or excessive disturbances, nuisances, or hazards are
anticipated on adjacent businesses; and,
5. Total on-site parking provided is 63 spaces and parking demand for the adjacent
suites, totaling 12,700 square feet, is estimated to be 3 per 1,000 square feet or 38
spaces. Thus, leaving 25 spaces for the vehicle storageltowing business, With 1
space per 1,000 square feet required for "warehousing and storage," there would be
an overall parking surplus of 12 spaces, Additionally, the 25 spaces would more
than adequately accommodate the 1 employee and anticipated 4-7 daily customers.
Therefore, the proposed use would have adequate access and parking since and
parking
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00 p.m., Wednesday, April 25,
2012. This project approval shall be valid for a period of 2 years from the date of approval
of this resolution, and shall expire on April 10, 2014 unless a time extension request or
building permit or business license application related to this discretionary approval is
submitted to the City prior to that date.
PC Resolution 12.04.10.01 3 April 10, 2012
PASSED, APPROVED AND ADOPTED this 101h day of April, 2012, by the
following vote, to wit:
AYES: Chairman Cohen, Commissioners Williams, Kerr, Nunn, Neely, and
Parkhurst
NOES:
ABSTAIN:
Sheldon Cohen, Chairman
PC RESOLUTION # 12.04.10.01
CONDITIONS OF APPROVAL
PROJECT LOG #: CUP12.001
PROJECT NAME: Preferred Towing
APPROVAL DATE: April 10, 2012
These conditions of approval apply to the above -referenced project application described in more
detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer,
the owner or any successor(s) in interest to the terms of this approval,
GENERAL CONDITIONS:
_ A. The subject project proposes indoor vehicle storage within an existing 12,192 square
foot suite on a 1.4 acre parcel located at 32891 Calle Perfecto APN: 668.441.08. This
project approval is based on and subject to the application materials prepared by Ryan
Rubin including site plan, and floor plan, These plans and the proposed use of the
project site are hereby incorporated by reference into this approval as submitted and
conditioned herein, and shall not be further altered unless reviewed and approved by
the affected city departments. Minor modifications to this project approval may be
approved by the Community Development Director pursuant to Section 9.2,303,
Administrative approvals of Title 9, Land Use Code,
_
B. Approval of this application does not relieve the applicantfrom complying with other
applicable Federal, State, County orCity regulations or requirements,
_ C. All plans, specifications, studies, reports, calculations, maps, notes, legal documents,
and designs shall be prepared, stamped and signed, if required, only by those
individuals legally authorized to do so,
_ D, Legal Defense, The applicantlsubdivider, its agents, and assignees shall defend,
indemnify and hold harmless the City of San Juan Capistrano, its elected and
appointed officials and employees, and its contract consultants, from any claim, action
or proceeding to attack, set aside, void, or annul any land use approval associated
with this project, including but not limited to environmental impact report requirements
under CEQA, rezoning approvals, subdivision map approvals, orother applicable City
Municipal Code Title 9 land use approvals. Upon notice provided by City to the
applicanUsubdivider, its agents, or assignees; of service of process of such claims or
actions, the project proponent, its agents, and assignees, shall immediately act to
provide an appropriate defense to such claims or actions, The applicant/subdivider
shall consult with the City Attorney regarding appropriate defense counsel in the event
of the filing of such claims or actions, (DSD)
_ E, Permits required, The applicant shall submit any improvement plans to the Building
Department for review. The Building Official shall determinewhether or not a permit
will be required,
PC Resolution #12.0410.01
Conditions of Approval
CUP 12.001 Preferred Towing Page 2 of 2
Responsible Departments/Agencies:
DSD: Development Services Department
DSD•B&S: DSD Building & Safety Division
PW -ENG: Public Works -Engineering Division
UTIL Utilities Department
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
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-of (name &title) Date