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