PC Resolution-21-11-10-01PC RESOLUTION NO. 21-11-10-01
CONDITIONAL USE PERMIT (CUP) 20-001
ARCHITECTURAL CONTROL (AC) 21-022
GRADING PLAN MODIFICATION (GPM) 21-023
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A PROPOSAL TO
ALLOW FOR THE ESTABLISHMENT OF A MONTESSORI PRESCHOOL,
ESTABLISHING A NEW PLAYGROUND WITHIN REAR PARKING LOT, PAINT,
WINDOW, AND DOOR MODIFICATIONS TO THE EXISTING 2,900 SQUARE FOOT
BUILDING, AND RELOCATING AND RECONSTRUCTING AN EXISTING RETAINING
WALL WITHIN THE PUBLIC & INSTITUTIONAL ZONING DISTRICT LOCATED AT
31442 EL HORNO STREET, (ASSESSOR PARCEL NUMBER 124-203-16)
(APPLICANT: STACEY & RAY CONSTANTIAN)
Whereas, Stacey and Ray Constantian, have requested approval of CUP 20-
001, AC 21-022, and GPM 21-023 to allow for the establishment of Montessori Preschool
use, establishing a new playground, paint, window, and door modifications to the existing
2,900 square foot building, and relocating and reconstructing an existing retaining wall
within the Public & Institutional zoning district, on the property located at 34412 El Homo
Street, which has a General Plan land use designation of Public & Institutional and
classified as Public & Institutional 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 pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 3 (New Construction or Conversion of Small Structures)
categorical exemption, and upon adoption of the CUP, City staff will cause a Notice of
Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on November 10, 2021, pursuant to Title 9, Land Use Code, Section 9-2.302, to consider
public testimony on the appeal of 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 find that this project has been reviewed in
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San Juan Capistrano Montessori & STEAM Page 2 of6
accordance with the California Environmental Quality Act. The City's Environmental
Administrator has determined that the project is categorically exempt from further
environmental review under CEQA, pursuant to the following exemption: Class 3 (a) "New
Construction or Conversion of Small Structures"). The project is exempt under Class 3
"New Construction or Conversion of Small Structures" (State CEQA Guidelines, § 15303)
because the project is a change of use with modifications to an existing building,
construction of a new playground, and relocation of an existing retaining wall.
NOW, THEREFORE, BE IT FURTHER 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:
1) The proposed project is consistent with the General Plan, because the Public &
Institutional land use designation provides for a variety of institutional land uses that can
co-exist with surrounding land uses, including preschools. The proposed use is located
within an institutional area abutting a residential area consisting of compatible land uses
such as a library, kindergarten readiness, chamber of commerce and single family
residential. Therefore, the proposed preschool, with up to 64-students, use is determined
to be consistent with the General Plan.
2) The proposed project is consistent with the Land Use Code, including the Public &
Institutional district, which allows a private educational use subject to a conditional use
permit. Additionally, the proposed use is to be located within an existing institutional site
previously developed with a private clubhouse building that is consistent with the
intended land uses within the Public & Institutional zoning district. Furthermore, the
exterior modifications are proposed to meet the Public & Institutional development
standards and standards for accessory structures.
3) The site is adequate in size and shape to accommodate the proposed preschool, since
the project proposes to utilize the existing building and parking lot area and meet the
parking standards for a preschool use.
4) The proposed use and the on-going operation of the use are compatible with abutting
properties and the permitted uses thereof and will not generate excessive light, noise,
vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards
because, as conditioned, the use will be similar in nature to other uses operating in the
vicinity, will keep similar hours of operation, and has a staggered drop-off and pick-up
reducing the possibility of onsite circulation issues. Therefore, no significant or excessive
disturbances, nuisances, or hazards are anticipated for adjacent uses or businesses.
5) The project site's parking and access is adequate for the proposed facility because the
'use will not modify the existing vehicular access, and the parking provided exceeds the
City requirement for the use, and the circulation for two-way traffic has been considered
in the location of the employee parking areas, as conditioned, and width of the parking
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aisles. The property includes 16 parking spaces based on the site plan provided, and the
proposed preschool use in the building will have no more than 64 children and 6
employees resulting in a total code requirement of 14 spaces. As such, the proposed
use is compliant with City parking regulations.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings as
established by Section 9-2.313 of Title 9, Land Use Code of the City of San Juan
Capistrano:
1. The proposed use and design of the project comply with all applicable provisions of Title
9 of the San Juan Capistrano Municipal Code because the Public & Institutional zone
permits private educational uses through approval of a Conditional Use Permit and the
modifications to the building, including proposed color changes are consistent with the
zoning standards and surrounding uses, the proposed recreational structure is
considered an accessory use and structure that will support the preschool; and because
the proposed playground, fences, walls, and modifications to the existing structure meet
the required development standards for structures and accessory structures within the
Public & Institutional zone by maintaining a 5' side and rear yard setback
2. The proposed use and design of the project is consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element because the
project is consistent with the following policies and objectives of the General Plan Land
Use Element and the Community Design Element:
Land Use Goal 1 :
Policy 2.2: "Assure that new development is consistent and compatible with the
existing character of the City;" and,
The proposed preschool would be located on a property designated for Public &
Institutional Land Use and is boarded on two sides with Public & Institutional
uses; furthermore, the Public & Institutional Land Use identifies that the land use
provides for school uses.
Community Design Goal 2:
Policy 2.1: "Encourage development which complements the City's traditional,
historic character through site design, architecture, and landscaping."
The proposed modifications to the existing building complement the City's
historic character by using similar colors as those used on the adjacent
structures within the Inventory of Historical and Cultural Landmark (IHCL) listed
Old San Juan Fire Complex. Furthermore, the use of natural colors and
placement of the proposed playground behind the existing structure
complements the City's architectural and historic character.
3. The site is adequate in size and shape to accommodate all yards, open spaces,
setbacks, parking, access, and other features pertaining to the application, because the
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proposed development maintains all required setbacks for primary and accessory
structures, and the restriped parking will meet all required aisle widths, and parking
space widths and depths.
4. The character, scale and quality of the architecture, site design and landscaping are
consistent with the adopted Architectural Design Guidelines of the City because the
proposed project and use of matching and complementary colors has been designed to
complement the surrounding uses and adjacent IHCL listed structures. Furthermore, the
project will be consistent with the adopted Architectural Design Guidelines because the
following design principles are applicable to the proposed project:
Design Issue/ Principal 1: Human Scale. The proposed project has a well-balanced
pedestrian orientation and human scale. The proposed playground has a maximum
height of 15' and will provide shade to the students using the playground area, and
the modifications to the existing building will enhance the natural light for internal
classrooms.
5. The site plan provides functional and safe vehicular, bicycle, and pedestrian access and
circulation because the site currently provides safe vehicular and bicycle access, and
the proposed improvements will have clear and identified pedestrian and accessible
access throughout the site.
6. The proposed use and design of the project are compatible with surrounding existing
and proposed land uses and community character, including scale, intensity, massing,
architectural design, landscape design, and other development characteristics because
the proposed structures will use colors and materials that are found through San Juan
Capistrano and specifically match the colors and materials to adjacent IHCL listed
structures.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings as
established by Section 9-2.323 of Title 9, Land Use Code of the City of San Juan
Capistrano:
1. The proposed grading modifications are consistent with the General Plan, Land Use
Code, and Design Guidelines because the project does not change the use,
intensity, or density allowed for the project site, which permits the development of a
private school with approval of a Conditional Use Permit. Furthermore, the project
has been designed to maintain natural landform grading where possible, follows the
existing conjures of the land and proposes to demolish and reconstruct a retaining
wall within approximately four feet of the existing retaining wall so that the existing
landscaping and natural landforms are not negatively impacted;
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2. The proposed grading modifications are generally consistent with the original grade
because the overall site topography will not be significantly altered from the original
development, which was constructed in 1961;
3. The proposed grading will remain compatible with adjacent lots, including
maintaining the existing slopes along the property boundaries and adjacent
roadway, and do not impact the overall topography of adjacent properties;
4. The proposed modified grading plan identifies the footprint of the existing and
proposed structures. The existing and proposed improvements meet all
requirements as defined in the applicable Public & Institutional zoning district
development standards, including minimum setbacks for structures and minimum
setbacks from the tops and toes of slopes as defined by Section 9-4.313; and
5. The proposed grading modification will not cause adverse impacts to other
properties, including but not limited to potential impacts on hydrology, water quality,
views, trail easements, or other aspects of development because the grade change
is subject to Plan Check review by the City's Engineering Department to ensure that
grading will not result in any negative impacts to hydrology and water quality as
required by local and state laws. Lastly, the-grading modification would not impact
views or trail easements because the grading and retaining wall is proposed to be
internally facing and substantially screened from visibility by the existing building
and landscape.
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.
CUSTODIAN OF RECORDS: The documents and materials associated with
this Resolution that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
NOTICE OF EXEMPTION: City staff is hereby directed to prepare and file a
Notice of Exemption for the Project with the Orange County Clerk's Office within five
working days of the approval of this Resolution.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
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DOPTED this 1 Q1h day of November, 2021.
Sergio Kl z, AICP, Assistant Development Services
Director/Secretary
PC RESOLUTION # 21-11-10-01
EXHIBIT A
CONDITIONS OF APPROVAL
PROJECT LOG#: CUP20-001, AC21-022, & GPM21-023
PROJECT NAME: San Juan Capistrano Montessori & STEAM
APPROVAL DATE: November 10, 2021
EFFECTIVE DATE: November 25, 2021
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 to establish a 64-student Montessori preschool
Monday-Friday, 7:00 a.m. to 6:00 p.m., within an existing building at 31442 El
Homo Street, and more precisely APN: 124-203-16. This project approval is
based on and subject to the application materials submitted by Stacey and
Ray Constantian on October 12, 2021 including site plan, floor plan, program
plan, and parking management 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 Development Services
Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land
Use Code.
B. Approval of this application does not relieve the applicant from complying with
other applicable Federal, State, County or City 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 applicant, 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, or other applicable City Municipal Code Title 9 land use approvals.
PC Resolution #21-11-10-01
San Juan Capistrano Montessori & STEAM
Conditions of Approval
Page 2 of2
Upon notice provided by City to the applicant, 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.
E. Permits required. The applicant shall submit any improvement plans to the
Building Department for review.
F. Employee Parking. Prior to Certificate of Occupancy, the five stalls in the
southeast corner of the property and the one stall at the north corner of the
property shall be identified for employee parking.
G. Student Enrollment. The maximum student enrollment for Monday through
Friday classes shall not exceed 64 students. The maximum enrollment for the
STEAM weekend day classes shall not exceed 15 students. Any request to
increase capacities shall be submitted to the Development Services
Department for review and approval.
H. Allowed Uses and Hours of Operation.
a. The preschool operation is limited to 7:00 a.m. to 6:00 p.m. Monday
through Friday.
b. Weekend STEAM education classes are permitted to occur up to two
weekend days per month from 9:00 a.m. to 3:00 p.m.
c. Back-to-school nights, open houses, or parent-teacher conferences are
permitted to occur up to four weekday evenings per year and shall end by
10:00 p.m.
d. No other uses are permitted on the site with this approval.
e. Any request to modify the hours of operation shall be submitted to the
Development Services Department for review and approval.
I. Noise levels shall adhere to Section 9-3.531 Noise Standards.
J. Upon establishment of the conditionally permitted educational use through
issuance of a Business License by the City of San Juan Capistrano, no
previously operated nonconforming uses are permitted on the property. If, and
when, the conditionally approved educational use ceases, future uses on the
property shall be governed by the provisions of the Public & Institutional zoning
district in effect at the time the permitted educational use ceases.
K. Applicant shall consult with City Staff and the Orange County Fire Authority to
determine if the proposed stairway from El Homo Street to the patio can be
eliminated and replaced with a low semi-circular patio wall.