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PC Resolution-24-04-10-01PC RESOLUTION NO. 24-04-10-01 ARCHITECTURAL CONTROL (AC) 23-007 CONDITIONAL USE PERMIT (CUP) 23-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING ARCHITECTURAL CONTROL (AC 23-007) AND CONDITIONAL USE PERMIT (CUP 23-002) TO ALLOW THE ESTABLISHMENT OF A BOXING GYM USE AND TO PROVIDE ADDITIONAL OFF-STREET PARKING SPACES TO SUPPORT THE USE, LOCATED AT 33081 CAMINO CAPISTRANO (APN: 668-291-14) AND TO FIND THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15301 Whereas, Peter Carey, Capistrano Boxing Gym, 33081 Camino Capistrano, San Juan Capistrano, CA. 92675 (the "Applicant"), has requested approval of Architectural Control (AC) 23-007 and Conditional Use Permit (CUP) 23-002 to establish an 11,173 square foot boxing gym and to modify the existing parking lot to provide additional off-street parking spaces in support of the use proposed at 33081 Camino Capistrano (APN: 668-291-14) (Project"). The parcel on which the Project site is located has a Zoning designation of Commercial Manufacturing (CM) District and a General Plan Land Use Designation of Quasi Industrial; and, Whereas, San Juan Capistrano Holding Co. is the owner of real property described as Assessor's Parcel Number: 668-291-14 located at 33081 Camino Capistrano, 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 legitimizes an existing use and would allow the Capistrano Boxing Gym to locate within an existing and fully operational commercial building with no expansion to the existing building footprint; 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 October 25, 2023, December 13, 2023, January 24, 2024, February 14, 2024, March 13, 2024, and April 10, 2024, 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, all relevant public comments and all PC Resolution 24-04-10-01 2 April 10, 2024 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. NOW, THEREFORE, BE IT RESOLVED, thatthe 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 legitimize an existing use and would allow the Capistrano Boxing Gym to locate within an existing and fully operational commercial center with no expansion to the existing building footprint. 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 location of a boxing gym in an existing and fully operational industrial building with no expansion to the existing structure footprint. 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 locating a boxing gym in an existing industrial building. In addition, there will be ample parking provided on the project site as nine parking spaces are being added through modifications to the existing parking lot area. 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 approve the proposed use based upon the inability to make all of the findings pursuant to Municipal Code Section 9- 2.313( c) of Title 9, Land Use Code of the City of San Juan Capistrano with respect to PC Resolution 24-04-10-01 3 April 10, 2024 Architectural Control (AC) 23-007 for the site plan under Municipal Code Section 9- 2.313( a)( 4) : 1. The proposed use and design of the Project complies with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code because a boxing gym is allowed subject to the approval of a Conditional Use Permit within the Commercial Manufacturing Zone District. The Land Use Code is the adopted tool to implement the General Plan, and a boxing gym use is permissible within the Commercial Manufacturing Zone District with the granting of a CUP. The CUP process is a tool to evaluate uses and, as such, the proposed use is found to be compatible with the other uses in the area. 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 policy and objectives of the Community Design Element: Community Design Goal 1: Poley 1 .3: "Encourage the participation by all members of the community in activities which promote the City and create local pride." The project entails the request to establish a local boxing gym. The gym is a non-profit that works with community families to teach boxing, fitness and personal training to people of all ages and skill levels. Appropriately named "Capistrano Boxing Gym, the majority of the gym's clientele would be focused on serving a wide range of customers who are local to the city of San Juan Capistrano. 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. Currently the project site contains 14 off-street parking spaces, inclusive of one ADA compliant space. Section 9-3.535 (Parking) of the San Juan Capistrano Municipal Code (SJCMC), Table 3-36 outlines the minimum number of required spaces for a boxing gym use (recreation center) at a rate of one off- street parking space per each four persons, based on the maximum capacity of the facility, and one off-street parking space per employee. Based on this requirement and the maximum number of customers and employees at any one time as identified by the Applicant (25 persons and 5 employees), the operation of the proposed boxing gym requires a minimum of 12 parking spaces. The boxing gym is being operated in conjunction with a medical office use, however this use shares the same customers and employees as the boxing gym and has been determined to operate in a way PC Resolution 24-04-10-01 4 April 10, 2024 which is ancillary to the gym, therefore, no additional parking standards are applied to this use and parking on the subject site is being met per the minimum code requirements identified above. 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 there are no exterior improvements proposed, with exception to the modifications proposed to the parking lot area. These modifications include striping paved areas which are currently used for parking purposes, and therefore do not alter and are consistent with the existing character, scale, design and landscaping of the site. In addition, no expansion to the existing footprint of the structure is proposed. 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the site currently provides safe vehicular access and the proposed improvements would have clear and identified vehicular and pedestrian access. The existing path of travel for ADA access from the parking lot area into the existing building is not proposed to be altered. Further, no alterations are being made to any existing parking stalls or access areas within the on-site parking lot. Per the development plans which were provided by the applicant, all existing and proposed parking stalls and aisle widths are meeting minimum parking standards and provide for a functional and safe circulation on the subject 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 structure in which the use is proposed is existing and no expansions are proposed at this time. The project site contains an existing industrial building that is similar to those which exist on adjacent properties. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby approve the proposed use based upon the inability to make all of the findings pursuant to Municipal Code Section 9- 2.317 of Title 9, Land Use Code of the City of San Juan Capistrano with respect to Conditional Use Permit (CUP) 23-002 to establish the boxing gym use under Municipal Code Section 9-3.303(b )(2): 1. The proposed use is consistent with the maps and policies of the General Plan because a boxing gym is consistent with the intent and uses of the General Plan Land Use Designation and is permitted with a CUP within the Commercial Manufacturing Zone District. The Land Use Code is the adopted tool to implement the General Plan, and a PC Resolution 24-04-10-01 5 April 10, 2024 boxing gym use is permissible within the Commercial Manufacturing Zone District with the granting of a CUP. The CUP process is a tool to evaluate uses and, as such, the proposed use is found to be 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, because the Project complies with all applicable provisions with Title 9 of the San Juan Capistrano Municipal Code as a boxing use is conditionally permitted within the Commercial Manufacturing zoning district. Further, the Project meets all applicable development standards. There is no applicable specific or comprehensive development plan for this property. 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. Currently the project site contains 14 off street parking spaces, inclusive of one ADA compliant space. Section 9-3.535 (Parking) if the San Juan Capistrano Municipal Code (SJCMC), Table3-36 outlines the minimum number of required spaces for a boxing gym use (recreation center) at a rate of one off- street parking space per each four persons, based on the maximum capacity of the facility, and one off-street parking space per employee. Based on this requirement and the maximum number of customers and employees at any one time as identified by the Applicant (25 persons and 5 employees), the operation of the proposed boxing gym requires a minimum of 12 parking spaces. The boxing gym is being operated in conjunction with a medical office use, however this use shares the same customers and employees as the boxing gym and has been determined to operate in a way which is ancillary to the gym, therefore, no additional parking standards are applied to this use and parking on the subject site is being met per the minimum code requirements identified above. 4. The proposed use and design of the project would be 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 use is proposed within an existing structure with not exterior modifications proposed except for the addition of off street parking spaces. Further, the use including the accessory medical office is meeting the minimum parking to support the Project. 5. The site for the proposed use has adequate access and parking to support the use. The existing path of travel for ADA access from the parking lot area into the existing building is not proposed to be altered. Further, no alterations are being made to any existing parking stalls or access areas within the on-site parking lot. Per the PC Resolution 24-04-10-01 6 April 10, 2024 development plans which were provided by the applicant, all existing and proposed parking stalls and aisle widths are meeting minimum parking standards and provide for a functional and safe circulation on the subject site. 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 DA TE & 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, April 25, 2024. These Project approvals shall be valid for a period of two years from the effective date of this resolution, and shall expire on April 25, 2026, unless a time extension request is granted by the Zoning Administrator or building permits related to this discretionary approval have been issued with commencement of construction prior to that date. 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 10th day of April 2024. Dtlt--iilher, Vice-Chair Joel