PC Resolution-10-12-14-01PC RESOLUTION NO. 10-12-14-01
AN APPEAL OF A LAND USE DETERMINATION
REGARDING "MASSAGE THERAPY" IN THE "RS -7,000" ZONE DISTRICT
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO DENYING AN APPEAL AND UPHOLDING THE
DEVELOPMENT SERVICES DIRECTOR'S DETERMINATION THAT
"MASSAGE THERAPY" IS NOT AN ALLOWABLE USE IN THE RS -7,000
ZONE DISTRICT, MORE SPECIFICALLY LOCATED AT 34000 VIA DE
AGUA (APN 675-034-05)(TRAINING CAMP MASSAGE THERAPY).
WHEREAS, William Trette of the Training Camp Wellness Center, has
appealed staff's determination that massage therapy is not permitted within the RS -7,000
zone district at 34000 Via de Agua; and,
WHEREAS, the proposed project site is General Plan designated as Medium
Low Density and classified as RS -7,000 on the Official Zoning Map; and,
WHEREAS, Robert D. Trette Trust is the owner of real property located at
34000 Paseo de Agua (APN 675-034-05); and,
WHEREAS, the proposed business license has been reviewed pursuant to
Section 9-2.311 Appeals, of the Land Use Code; and,
WHEREAS, the Planning Commission conducted an appeal hearing at a
regular meeting on December 14, 2010 pursuant to Section 9-2.311 of the Municipal Code
to consider the record and such additional evidences as may be offered; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The proposed "massage therapy" use is not listed as an accessory, conditional, nor
permitted use in the "RS -7,000" Zone District; and,
2. The "massage therapy" use at 34000 Via de Agua , originally established in 2002,
and discontinued in 2003, is no longer classified as legal non -conforming because
the use has been discontinued for a period of more than one year as provided. by
Section 9-2.317(1) of Title 9, Land Use Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby deny the appeal request and
upholds the Development Services Director's determination.
PC Resolution 10-12-14-01 2 December 14 2010
EFFECTIVE DATE & FINAL ACTION: This denial shall be effective
immediately.
PASSED, APPROVED AND ADOPTED this 14th day of December, 2010, by
the following vote, to wit:
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioners Williams, Kerr,
Neely, and Tatarian
NOES:
ABSTAIN:
ABSENT: Commissioner Mocalis
I—
Sheldon Cohen, Chair
William A. Ramsey, AICP
Principal Planner, Secretary