PC Resolution-23-06-28-02PC RESOLUTION NO. 23-06-28-02
CONDITIONAL USE PERMIT (CUP) 23-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 3,124
SQUARE FOOT DANCE STUDIO IN THE "PC" (PLANNED COMMUNITY) ZONE
DISTRICT WITHIN THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN (CDP) 78-01, PLANNING SECTOR A-2, SUBSECTOR 1,
LOCATED AT 31654 RANCHO VIEJO ROAD UNITS M AND N AND FINDING THAT
SAID ACTION IS EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES
SECTION 15301 (ASSESSORS PARCEL NUMBER 666-261-13)
Whereas, Elizabeth Kinney, has requested approval of a Conditional Use
Permit to establish a 3,124 square foot dance studio at 31654 Rancho Viejo Road (the
"Project"), which is General Plan-designated Neighborhood Commercial, and classified
as Planned Community (PC) on the Official Zoning Map; and,
Whereas, Ortega Village, LLC is the owner of real property described as
Assessor's Parcel Number 666-261-13 located at 31654 Rancho Viejo Road units M and
N, San Juan Capistrano; and,
Whereas, the proposed Project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the City's Environmental Administrator has reviewed the Project
and recommends that the Planning Commission find that the Project is categorically
exempt from further environmental review under Section 15301, Existing Facilities (Class
1 ). The entire Project is exempt under Section 15301 because approval of this Project
would allow the Dance Academy to relocate to a different tenant space in an existing and
fully operational commercial center with no expansion of the Dance Academy's staff
members or class sizes. Lastly, no exceptions to the exemption apply; and
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15051 of the California Environmental
Quality Act (CEQA) and has considered all Project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on June 28, 2023, pursuant to Title 9, Land Use Code, Section 9-2.302 of the
San Juan Capistrano Municipal Code. The Planning Commission has considered all
public testimony on the proposed Project and all relevant public comments and all
documents and evidence submitted, including but not limited to the staff report,
attachments, and materials submitted by the Applicant; and,
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
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PC Resolution 23-06-28-02 2 June 28 , 2023
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby find that the entire Project is Categorically
Exempt from further review under the California Environmental Quality Act per State
CEQA Guidelines Section 15301; Class 1 "Existing Facilities". The Project would allow
the Dance Academy to relocate to a different tenant space in an existing and fully
operational commercial center with no expansion of the Dance Academy's staff members
or class sizes. The City has also considered whether the Project is subject to any of the
six (6) exceptions that would prohibit the use of a categorical exemption as set forth in
State CEQA Guidelines Section 15300.2. The six (6) exceptions to this Exemption are:
(a) Location; (b) Cumulative Impacts; (c) Significant Effect; (d) Scenic Highways; (e)
Hazardous Waste Sites; and (f) Historical Resources. .
a. Location exception only applies to Class 3, 4, 5, 6 and 11 exemptions, none
of which are being utilized here;
b. There is no possibility of a cumulative impact of the same type of Project in
the same place over time. The Project involves the relocation of an existing Dance
Academy in an existing and fully operational commercial center with no expansion
of the Dance Academy's staff members or class sizes. The likelihood of a
successive Project on this site is low and probability of a cumulative impact is low;
c. The Project is not marked by unusual circumstances. There is nothing
unusual about the relocation of a Dance Academy in an existing commercial
facility. In addition, the parking analysis which was originally provided for CUP10-
008 ensures that the parking needs of the professional dance school in addition to
each of the land uses occupying the Ortega Business Center will continue to be
met since the professional dance school is relocating from a suite within the same
commercial center.
d. The Project would not damage scenic resources, including but not limited
to, trees, historic buildings, rock outcroppings, or similar resources, within a
highway officially designated as a state scenic highway;
e. The Project is not located on a site which is included on any list compiled
pursuant to Section 65962.5 of the Government Code; and
f. The Project would not cause a . substantial adverse change in the
significance of a historical resource.
The Planning Commission hereby directs staff to prepare, execute and file with the
Orange County Clerk a Notice of Exemption within five (5) working days of Project's
approval and adoption of this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
for the proposed professional dance school use as established by, Subsection (d) of
Section 9-2.317, Conditional Use Permit of Title 9, Land Use Code of the City of San Juan
Capistrano:
1. The proposed use is consistent with the maps and policies of the General Plan,
because a professional dance school is consistent with the intent and uses of the
PC Resolution 23-06-28-02 3 June 28, 2023
Neighborhood Commercial General Plan Land Use Designation and is permitted
with a conditional use permit within the adopted Comprehensive Development
Plan 78-01. The Land Use Code, and subsequent Comprehensive Development
Plans are the adopted tool to implement the general plan, and a Professional
Dance School use is permissible within Sector A-2, subsection 1 of CDP 78-01
with the granting of a conditional use permit. The conditional use permit process
is a tool to evaluate uses and, as such, the proposed use is compatible with the
other uses in the area.
2. The proposed use and design are consistent with the purpose, intent, and
standards of the Land Use Code and CDP 78-01, because professional dance
school uses are permitted subject to the approval of a Conditional Use Permit and
is proposed to be completely contained within an existing commercial building's
tenant space.
3. The proposed use would be located within an existing commercial center known
as the Ortega Business Center. The proposed use would be located within an
existing building's tenant space and would not encroach into required setbacks,
loading areas, or other uses on the site. Further, the use will not result in an
increased parking requirement or deficit in parking. Therefore, the Project is
situated on a site with adequate size and shape to accommodate all required
features.
4. The proposed use, and the on-going operation of the use, are compatible with
abutting properties and the permitted uses thereof and would not generate
excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances,
nuisances, or hazards because the use would be accommodated inside the vacant
tenant space which is to be improved to accommodate the use. The amount of
traffic that would be generated by the use is at the same rate which was previously
generated by the dance studio when located at a suite within the same commercial
complex and formerly reviewed through CUP10-008. The parking demand will not
be increased because the property owner has stated that the tenant space
currently occupied by the dance studio and approved through CUP10-008 will not
be leased to another dance studio or use with equal or greater parking demands.
The existing streets have the capacity to carry the amount of vehicle trips that can
be generated by the proposed use together with other uses on the site.
5. The proposed use would not create significant vehicular trips which would create
significant demands for parking. The site for the proposed use has adequate
access and parking to support the use because the traffic impact to the site has
already been reviewed through the approval of CUP10-008. The parking demand
will not be increased because the property owner has stated that the tenant space
currently occupied by the dance studio and approved through CUP10-008 will not
be leased to another dance studio or use with equal or greater parking demands.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
PC Resolution 23-06-28-02 4 Ju ne 28, 2023
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
records for the record of proceedings.
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 pm, Wednesday, July 13,
2023.
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.
PASSED, APPROVED AND ADOPTED this 28th day of June 2023.
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Project#:
Project Name:
APPROVAL DATE:
RESOLUTION #: 23-06-28-XX
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (CUP) 23-001
Capistrano Academy of Dance
June 28, 2023
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. These conditions are organized by chronological order in the development
process as well as responsible City Department. The responsible department is noted in
parenthesis after each condition.
Conditional Use Permit (CUP) 23-001 to allow for the establishment of a dance studio
use at 31654 Rancho Viejo Road, Units Mand N (APN 666-261-13).
General Conditions:
1. _ The above referenced entitlement approvals are granted for the
establishment of a dance studio use at 31654 Rancho Viejo Road, Units M
and N (APN 666-261-13). This approval is granted based on the application
materials submitted by Elizabeth Kinney, including development plans
submitted on April 10, 2023. 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
Development Services Director to be in substantial conformance with the
approved project/plans which do not intensify or change the use or require
any deviations from City Code, may be approved by the Development
Services 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 (15th) day after the date of the Planning Commissions
approval.
2. _ Approval of this application does not relieve the applicant from
complying with other applicable Federal, State, County, and City regulations
or requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes,
legal documents, and designs shall be prepared, signed, and stamped
(when required) only by those individuals legally authorized to do so.
Resolution # 23-06-28
Project# CUP23-001
Capistrano Academy of Dance
Final Conditions of Approval
Date: June 28, 2023
Page 2of 3
4. _ 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 approvaJ 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.
5. _ The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services related
to the project of their responsibilities to comply with these conditions of
approval and all pertinent requirements in the San Juan Capistrano
Municipal Code, including the requirement that a business license be
obtained by all entities doing business in the City.
6. 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, then the conditions and/or plans as stipulated in the later
approval shall prevail.
7. 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.
8. _ All Capistrano Academy of Dance staff shall park in areas not
immediately adjacent to the main business entrance.
9. _ The business manager/owner shall be required to provide an
emergency contact phone number to immediately adjacent businesses.
This number shall be available in case the neighboring businesses are
subjected to excessive noise associated with music, dancing, or other
activities. Should the excessive noise persist, the Development Services
Director shall have the authority to suspend the Conditional Use Permit until
the noise is mitigated to his or her satisfaction. The Director may refer future
noise mitigation to the Planning Commission for review.
Resolution # 23-06-28
Project# CUP23-001
Capistrano Academy of Dance
Final Conditions of Approval
Date: June 28, 2023
Page 3 of 3
10. All activities shall be solely conducted within the building. No outdoor
activities shall take place without approval of a Special Activities permit or
a modification to the Conditional Use Permit.
11. The Applicant must satisfy all requirements of the Orange County
Fire Authority.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY CERTIFICATE($) OF OCCUPANCY:
12. _ Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
waste disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED AT ALL TIMES:
13. _ The site shall not be rented, leased, subleased, or otherwise
occupied for purposes not specified by the applicant of this CUP application.
14. Dance class schedules shall be staggered by a minimum of 15
minutes, to ensure class drop off an pick-ups do not create traffic
congestion within the commercial center. Class schedules shall be provided
to the City's Planning Division annually to ensure compliance with this
condition.
Date