PC Resolution-23-08-23-01PC RESOLUTION NO. 23-08-23-01
CONDITIONAL USE PERMIT (CUP) 23-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 23-003
RELATED TO A REQUEST TO ALLOW FOR THE EXPANSION OF A CHURCH USE,
FOR PROPERTY LOCATED AT 27121 CALLE ARROYO, SUITE 2200 (ASSESSOR
PARCEL NUMBER 666-131-17) AND FINDING THAT SAID ACTION IS EXEMPT
FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15301
(APPLICANT: ANTHONY MASSARO)
Whereas, Anthony Massaro, 2533 Greenbriar Lane, Costa Mesa, CA
92626, has requested approval of Conditional Use Permit (CUP) 23-003 to allow for the
expansion of an existing church use at 27121 Calle Arroyo, Suite 2201 (APN 666-131-
17) (the "Project"). The subject property, generally located east of Interstate 5 and north
of Calle Arroyo, has a General Plan Land Use Designation of Industrial Park and a Zoning
Designation of Planned Community; and
Whereas, South Capistrano Enterprises is the owner of real property
located at 27131 Calle Arroyo (APN 666-131-17); 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 entire Project is categorically
exempt from further review under Section 15301, Existing Facilities (Class 1 ). The entire
Project is exempt under Section 15301 because the proposed extension would not result
in an increase of more than 10,000 square feet; is located within a commercial center,
known as the Capistrano Business Center, where all public services and facilities are
available; and is not environmentally sensitive. Therefore, the Project meets the criteria
for the Class 1 categorical exemption; 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 August 23, 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.
PC Resolution 23-08-23-01 2 August 23, 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 expand
the main sanctuary from 1,097 square feet of assembly area to 1,540 square feet. In
addition, the church will also be occupying the second floor to facilitate the classrooms
and office needs, resulting in the church occupying 6,848 sq. ft. of area. The extension
would not result in an increase of more than 10,000 square feet; is located within a
commercial center where all public services and facilities are available; and is not
environmentally sensitive. 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, as follows:
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 extension of an existing
sanctuary from 1,097 square feet of assembly area to 1,540 square feet in an existing
and fully operational commercial center. The church will also be occupying the second
floor to facilitate the classrooms and office needs. 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 extension of an existing sanctuary in an existing commercial
facility. Further, the parking analysis, which was originally provided for PC Resolution No.
21-03-09-03, ensures that the parking needs of the church in addition to each of the land
uses occupying the Capistrano Business Center will continue to be met.
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 expansion of the existing church 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 expanded church use is consistent with the maps and policies of the
General Plan, because a religious place of worship is not prohibited in the
Industrial Park land use designation. The Land Use Code is the adopted tool to
implement the general plan, and a church use is permissible within Sector B-1 of
PC Resolution 23-08 -23-01 3 August 23,2023
CDP 78-1 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 expanded church use and design are consistent with the purpose,
intent, and standards of the Land Use Code and CDP 78-1, because church uses
are permitted subject to the approval of a Conditional Use Permit.
3. The proposed expanded church use would be located within an existing office park
known as the Capistrano Business Park. The existing church use is located within
an existing building, as would the expanded church use, and would not encroach
into required setbacks, loading areas, or other uses on the site. Therefore, the
project is situated on a site with adequate size and shape to accommodate all
required features.
4. The proposed expanded church 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 blighJ, traffic, or other
disturbances, nuisances, or hazards because the use would be accommodated
inside the expanded tenant space which is to be improved to accommodate the
use.
5. The proposed expanded church use would have adequate access and parking to
support the use. Access and parking would remain unchanged from the
comprehensive shared parking analysis which was previously reviewed to
establish joint usage of parking via Planning Commission Resolution No. 21-03-
09-03.
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
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, Thursday, September
7, 2023. This Project approval shall be valid for a period of two years from the effective
approval date and shall expire if the conditional use is not established at the approved
location, unless a time extension request is submitted, and subsequently, granted by the
Zoning Administrator.
PC Resolution 23-08-23-01 4 Auqust23,2023
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 23rd day of August 2023.
Joel Roj
Planning
ices Director and
ary
EXHIBIT A
PC RESOLUTION NO. 23-08-23-01
CONDITIONS OF APPROVAL
Project #: Conditional Use Permit (CUP) 23-003
Project Name: Revolve Church Expansion
These conditions of approval apply to the above-referenced project application. 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.
General Conditions:
1.___The above referenced entitlement approvals are granted for the expansion
of an existing church use at 27121 Calle Arroyo, Suite 2200 (APN 666-
131-17). This approval is granted based on the application materials
submitted by Anthony Massaro, including development plans submitted on
June 7, 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 and 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 City Council’s
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.
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
Conditions of Approval
Revolve Church Expansion Date: August 23, 2023
Page 2 of 4
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.
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. ___ The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
9. ___ Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure
that all construction activities, which includes the delivery or recovery of
materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday 7:00 a.m. to 6:00 p.m.
Saturday 8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official for extenuating reasons.
Conditions of Approval
Revolve Church Expansion Date: August 23, 2023
Page 3 of 4
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY BUILDING PERMIT(S):
10. ___ Submit an Architectural A-3 (Service Codes PR204) for OCFA review. All
egress doors from sanctuary, youth room, and the gathering area must
swing in the direction of egress and shall be equipped with panic
hardware, even if the exit is not a required exit. (OCFA)
11. ___ The Site developer and/or engineering consultants shall complete an
SMWD Waste Discharge Permit Application (WDPA) and submit it to the
Engineering Counter (via email at engcounter@smwd.com) for review and
processing. The submittal shall include complete sets of building
plumbing plans, including fixtures unit counts (hard copy and electronic
PDF files) with a site map showing connection to the public sewer and DW
systems, along with a $275 processing fee. Submitting this application
package to SMWD and with acceptance will allow issuance of the final
water and sewer letter (Will Serve Letter) by SMWD which is provided to
CSJC staff so that building permits may be issued. Obtain a release of
occupancy letter from SMWD and the CSJC before allowing use of any
buildings. (SMWD)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY CERTIFICATE(S) OF OCCUPANCY:
12. ___ Prior to concealing interior construction (OCFA):
a. Fire alarm system, with audible/visual notification throughout the suite
and the common areas serving the suite, such as the common lobby
and common corridor (service code PR500-PR530)
b. Fire sprinkler system (service codes PR430-PR440)
13. ___ Prior to the issuance of a temporary or final certificate of occupancy, all
OCFA inspections shall be completed to the satisfaction of the OCFA
inspector and be in substantial compliance with codes and standards
applicable to the project and commensurate with the type of occupancy
(temporary or final) requested. Inspections shall be scheduled at least five
days in advance by calling OCFA Inspection Scheduling at 714.573.6150.
(OCFA)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED AT ALL TIMES:
14. ___ Any activity outside the normal operational plan as described in the staff
report and applicant’s letter of intent shall be subject to Section 9-3.547
Conditions of Approval
Revolve Church Expansion Date: August 23, 2023
Page 4 of 4
Special activities requiring the applicant to submit an application at least
14 days prior to the scheduled activity. (DSD)
15. ___ The site shall not be rented, leased, subleased, or otherwise occupied for
purposes not specified by the applicant of this CUP application. (DSD)
Responsible Department/Agencies:
B&S = Building and Safety
DSD = Development Services Department
PW = Public Works Engineering
OCFA = Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
By: ________________________________ ____________________
Anthony Massaro Date
08-29-23