PC Resolution-08-11-25-02PC RESOLUTION NO. 08-11-25-02
CONDITIONAL USE PERMIT (CUP) 08-008,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW JUNGLE
MOTORS TO ESTABLISH A VEHICLE SALES FACILITY IN AN INDUSTRIAL PARK
BUILDING LOCATED AT 32955 CALLE PERFECTO (ASSESSORS PARCEL NUMBER
668-431-08)
Whereas, Ashby Enterprises, owner of real property described as Assessor's
Parcel Numbers 668-431-08 located at 32955 Calle Perfecto, San Juan Capistrano; and,
Whereas, Jungle Motors (Andra Sachs) has requested approval of a
Conditional Use Permit, for establishment and operation of a 7,749 square foot retail
vehicle sale facility within an existing 10,593 square foot suite with no exterior modifications
or site improvements are proposed as a part of this project located at 32955 Calle Perfecto
which is General Plan -designated Industrial Park "IP", and classified as Industrial Park (IP)
on the Official Zoning Map; 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 and has
determined that the project qualifies as a Class 1 "minor interior and exterior alterations to
existing public and private structures" Categorical Exemption under Section 15301 of the
Guidelines for the California Environmental Quality Act; and,
. Whereas, the Planning Commission conducted a duly -noticed public hearing
on July 25, 2006 pursuant to pursuant to Section 9-2.313 of the Municipal Code to consider
public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings in relation to
Conditional Use Permit 06-03:
1. The proposed project is located within the "4.0 Industrial Park Designation". The
General Plan establishes "The Industrial Park designation provides for a variety of
light industrial and manufacturing uses that are non-polluting and which can co -exist
compatibly with surrounding uses" and that "Such activities are to be conducted within
the building". The proposed use does not have activities outside of the building, and
is compatible with surrounding industrial uses. The proposed action does not consist
of any development, or modifications to an existing development which would cause
an increase to infrastructure. Because the operation of the business is wholly located
internally to the building and no new development is proposed the Conditional Use
Permit is found to be consistent with the General Plan; and,
PC Resolution 08-11-25-02
November 25. 2008
2. The proposed use is located within the Industrial Park (IP) zone district. The
Industrial Park (IP) zone district specifically allows vehicle sales subject to approval of
a Conditional Use Permit. The proposed action is wholly operated within the existing
building envelope. No exterior modifications are requested. The proposed vehicle
sales complies with the necessary requirements of the Industrial Park (IP) zone
district and does not include any exterior modifications, it is therefore found to be
consistent with the Industrial Park (IP) zone district; and,
3. The uses directly surrounding the proposed vehicles sales include a vehicle repair
facility, a wholesale operation, a church, warehouse and a cheerleading school. The
surrounding businesses are a mixture of light and medium industrial uses. The
proposed vehicle sales would not create a hazard to the surrounding uses. Further
because the use is wholly located in the interior of the building any potentially
unforeseen impacts would be negligible. A condition of approval requiring that the
business be wholly located within the building has also been added to ensure the use
remains consistent with the Municipal Code. Due to the nature of the surrounding
uses and the nature of the proposed vehicle sales the use is found to be compatible
with existing surrounding uses; and,
4. The proposed Conditional Use permit is not associated with any new development or
exterior modifications to the existing buildings, including exterior lighting and fencing.
No signage is proposed at this time, all signs proposed would be required to conform
to the Municipal Code's requirements. The proposed vehicle sales require one space
per 500 of gross square feet of use. The existing operation of the facility includes
vehicle repair, which has the same parking requirement as the vehicle sales. The
entire suite area to be used for sales and operation is 10,593 sf., which includes office
areas and storage. This equates to a requirement of 21 parking spaces. Currently the
property has 138 spaces provided on site. Staff has provided an approximate
calculation of all uses and their parking requirements and have included this table as
an attachment (see attachment 3, parking requirements). The table depicts that the
uses presently located on the property has a parking requirement of 204 spaces. This
includes a church, previously approved as a Conditional Use, and has a parking
requirement of 104 spaces. When removed from the table the uses require 100
spaces, while the property currently has 138 spaces. While the other uses excluding
the church have similar parking demands in terms of day and time of use, churches in
general typically have a peak parking generation in the evening and weekend hours,
(specifically Sunday). The adopting resolution and Conditions of Approval (see
attachment 4, PC Resolution; 06-07-25-01) limits the hours of operation of the actual
Church use as follows;
• Sundays: Worship Service with Sunday School for children offered
concurrently.
9 Thursdays: Bible Study 7:00-10:00 p.m.
PC Resolution 08-11-25-02 3 November 25, 2008
• Midweek Daytimes: Church Office/ Administration use Monday -Friday
8:00 a.m.-5:00 p.m. for Church Office/Administrative personnel only.
• Midweek Nighttimes: Ministry Groups Monday -Friday 7:00 p.m. -9:30
p.m.
Due to the limited hours of the actual church (congregational use) to Sundays and
weekday evenings, and the restriction of uses that have less parking generation to the
week day hours, the impacts of parking generated by the church that would directly
impact the proposed use are nominal. Since the proposed use does not propose any
new construction or modification of existing structures, nor any signs, and meets
parking requirements, the proposed conditional use is found to be consistent with the
provisions of title 9 of the Land Use Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project based upon
the findings set forth herein and subject to the conditions of approval contained in
Attachment 1, 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 5:30 p.m., Wednesday, December
10, 2008. This project approval shall be valid for a period of twenty-four (24) months from
the date of approval of this resolution, and shall expire on November 25, 2010, unless the
use or occupancy which is the subject of this action has commenced and all conditions of
approval have been met, or a time extension has been submitted to the City prior to that
date in accordance with Condition No. 1 of the attached Conditions of Approval
(Attachment 1).
PASSED, APPROVED AND ADOPTED this 25th day of November, 2008, by
the following vote, to wit:
AYES: Chairman Cohen, Commissioners Cardoza and Ratcliffe
NOES:
ABSTAIN:
ABSENT: Commissioners Kerr and Neely
S=\A
_irman
Grant Taylo&-Agsinant Community Development
Director, Planning Commission Secretary