PC Resolution-05-07-26-01PC RESOLUTION NO. 05-07-26-01
CONDITIONAL USE PERMIT (CUP) 05-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
08 TO ALLOW VEHICLE STORAGE IN AN EXISTING PARKING LOT AT
EXEMPTION AND APPROVING CONDITIONAL USE PERMIT (CUP) 05-
30700 RANCHO VIEJO ROAD (APN 650-1 11-15; ENDEVCO BUILDING).
WHEREAS, Endevco Corporation requests approval for the storage of new vehicle
inventory for off-site San Juan Capistrano auto dealers at an existing parking lot located at
30700 Rancho Viejo Road. The proposed storage of vehicles would be on 79 spaces of the
458 existing stalls, located on the lower parking terrace parallel to Rancho Viejo Road; and,
WHEREAS, the proposal is to store new vehicle inventory only and no dealer
preparation or sales activity will occur at this location; and,
WHEREAS, the proposal has been processed pursuant to Section 9-2.317,
(Development Review Procedures) of the Land Use Code and reviewed for compliance
with the City’s General Plan; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15301 of the California Environmental Quality Act (CEQA) and issued a Class 1,
Categorical Exemption (Existing Facilities) and caused a Notice of Exemption to be posted
pursuant to Section 15062 of the CEQA Guidelines; and,
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WHEREAS, the Planning Commission conducted a duly noticed public hearing on
July 26,2005 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:
1. The proposed use is in conformance with the City’s General Plan in that policy
1.2 encourages commercial, tourist-oriented development and industrial
development that is compatible with existing land uses within the City to improve
the generation of sales tax, property tax and hotel occupancy tax.
2. The proposed use complies with all applicable provisions of the zoning code
subject to the conditions of approval as set forth in Exhibit A attached to this
resolution since there are no physical alterations proposed to the existing
parking lot, drive aisles, lighting or landscaping.
PC Resolution 05-xx-xx-x 2 July 26, 2005
3. The proposed project will not result in any adverse impacts to surrounding uses
since conditions of approval have been adopted that address potential land use
conflicts.
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NOW, THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby confirm issuance of a categorical
exemption and approves the project subject to the conditions of approval shown on
“Exhibit A” and incorporated herein by reference.
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:OO PM, Wednesday, August IO, 2005.
PASSED, APPROVED AND ADOPTED this 26th day of July, 2005, by the following
vote, to wit:
AYES:
and Ratcliff.
Chairman Neely, Vice-chairman Cardoza, Commissioners Cohen, Drey,
NOES:
ABSTAIN:
ABSENT:
\
Molly Boa, Planhding Director
Planning Commission Resolution 05-07-26-01
(CUP) 05-08
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Final Conditions of Approval
July26, 2005
Page I of 4
RESOLUTION #: 05-07-26-01
ATTACHMENT 1
EXHIBIT A
CONDITIONS OF APPROVAL
Project #: (CUP) 05-08
APPROVAL DATE: July 26, 2005
EFFECTIVE DATE: August 10,2005
Project Name: Endevco Building (Storage of Vehicles)
These conditions of approval apply to Conditional Use Permit (CUP) 05-08 to allow the
storage of new vehicle inventory for off-site San Juan Capistrano auto dealers at an
existing parking lot located at 30700 Rancho Viejo Road. Vehicles are to be stored on
79 of the 458 existing stalls at the lower parking terrace adjacent to Rancho Viejo Road.
The proposal is for new vehicle inventory storage only. Dealer preparation, washing,
detailing, sales or customer inspection is not proposed at this location. Any proposed
change of use or expansion of the area or modifications to the site plan or structures
shall be submitted to the City Planning Department along with the required application
and fee, for review. 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. ’v
General Conditions:
1. (CUP) 05-08 is granted to allow the storage of new inventory vehicles at
an existing parking lot located at 30700 Rancho Viejo Road. Vehicles are
to be stored on 79 of the 458 existing stalls at the lower parking terrace
adjacent to Rancho Viejo Road. (APN 650-111-15). This approval is
granted based on the application materials submitted by Mr. Tom Tillotson
on June IO, 2005 prepared by O.K. Earl Corporation.These plans and the
proposed use of the site are approved as submitted and conditioned
herein, and shall not be further altered unless reviewed and approved by
the affected city departments. Minor modifications to this approval which
are determined by the Planning Director to be in substantial conformance
with the approved site plan, and which do not intensify or change the use
or require any deviations from adopted standards, may be approved by
the Planning Director upon submittal of an application and the required
fee. If not appealed, this approval shall become effective on the first
business day following the fifteenth (15‘h) day after the date of the
Planning Commission’s approval, and shall expire on August IO, 2006 if
the use has not been established on the site before that date.
Planning Commission Resolution 05-07-26-01
(CUP) 05-08 July26, 2005
Final Conditions of Approval --
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- Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
- Pursuant to Section 9-2.317.(h) of the L. U. Code, if this use is
discontinued for a period of six (6) months or more, it shall be unlawful to
reestablish the use unless a new conditional use permit is approved.
- The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
- In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
- 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.
The following ongoing conditions shall be complied with at all times after
initiation of the project.
7. - The applicant may store no more than 79 vehicles for City auto dealers on
property located at 30700 Rancho Viejo Road.
8. - Storage shall be permitted for new vehicle inventory only. Vehicle
inventory storage shall be limited to auto dealerships located within the
City of San Juan Capistrano only. Storage of vehicle inventory for dealers
from other jurisdictions is prohibited.
Planning Commission Resolution 05-07-26-01 Final Conditions of Approval
(CUP) 05-08 u
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July26, 2005
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Only the drop-off, pick-up and storage of vehicles are permissible
activities. Dealership preparation, washing, detailing, sales or customer
inspection is not allowed on premises.
No additional lighting other than the existing lighting for the parking lot
shall be used to illuminate the storage area.
In the event that building occupancy changes and/or full-time employees
at the office facility increase by an amount great enough to reduce the
supply of available spaces by more than 79 spaces, the conditional use
permit shall be subject to review and potential revision or revocation.
Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code.
Transfer to and from the storage site shall be by driving the vehicles rather
than by a transport vehicle. The transfer of the vehicles shall not be
allowed to and from the dealership during peak traffic hours (7:OO A.M. to
9:00 A.M. and 4:OO P.M. to 7:OO P.M.)
Any proposed physical alterations to the site shall be subject to City
review and approval.
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Date of Approval: July 26, 2005
Resolution No.: 05-07-26 -01
Effective Date: August IO, 2005
Planning Commission Resolution 05-07-26-01
(CUP) 05-08
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Applicant Acceptance of Conditions of Approval:
Final Conditions of Approval
July26, 2005
Page 4 of 4
Applicant Name Date
Title