PC Resolution-24-08-28-01PC RESOLUTION NO. 24-08-28-01
CONDITIONAL USE PERMIT (CUP) 24-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A REQUEST FOR A CONDITIONAL USE
PERMIT TO ALLOW FOR THE ESTABLISHMENT OF A YOUTH INTEGRATED
MENTAL HEALTH AND WELLNESS CENTER (MEDICAL OFFICE USE), FOR A
PROPERTY LOCATED AT 27125 CALLE ARROYO, SUITE 2000 (ASSESSOR
PARCEL NUMBER 666-131-17) AND FINDING SAID ACTION IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
STATE CEQA GUIDELINES SECTION 15301 (APPLICANT: SUSAN PARMELEE)
WHEREAS, Susan Parmelee("Applicant") has requested approval of
Conditional Use Permit ("CUP") 24-001 to allow for the establishment of a youth
integrated mental health (the "project") and wellness center at 27125 Calle Arroyo, Suite
2000 (APN 666-131-17); and
WHEREAS, The subject property, which is 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, pursuant to Section 21067 of the Public Resources Code, and,
Section 15367 of the California Environmental Quality Act ("CEQA") Guidelines (Cal.
Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency
for the proposed Project; and,
WHEREAS, The City's Environmental Administrator has determined that
the entire project is categorically exempt from further review under State CEQA
Guidelines, Section 15301, Existing Facilities (Class 1.); and
WHEREAS, the Planning Commission conducted a duly-noticed public
hearing on August 28, 2024 pursuant to Title 9, Land Use Code, Section 9-2.302 to
consider public testimony on 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 the entire project is Categorically
Exempt from further environmental review under State CEQA Guidelines Section 15301;
Class 1 "Existing Facilities". The project involves operating a youth-integrated mental
health and wellness center within an existing vacant tenant space. The project does not
PC Resolution 24-08-28-01 2 August 28, 2024
involve expansion of use, as no expansion of the tenant suite or exterior improvements
are proposed. Therefore, no further environmental review is necessary.
Further, none of the exceptions outlined in State CEQA Guidelines section
15300.2 apply here. The project will not have a significant cumulative impact, as there
are no successive projects of the same type in the same place. There are no unusual
circumstances associated with the project, and there is no reasonable possibility that the
project will have a significant effect on the environment due to unusual circumstances as
it will not affect onsite parking, access, or circulation. Additionally, the project is not
located within, or visible from, a State Scenic Highway, and the project will thus not result
in damage to scenic resources within a state scenic highway. Nor is the project located
on a site that is included on any list compiled pursuant to Section 65962.5 of the
Government Code. Finally, the project has no potential to cause a substantial adverse
change in the significance of a historic resource.
The Planning Commission hereby directs staff to prepare, execute and file
with the Orange County Clerk and the State Clearinghouse 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 has determined that the operational
characteristics of a youth integrated mental health and wellness center are comparable
to that of a medical office use. Further, the Planning Commission has determined that a
medical office use is compatible with the other conditionally permitted uses within
Planning Sector B-1 of the Ortega Planned Community Comprehensive Development
Plan 78-1, specifically the use of sports medical clinics and offices; and that the use may
be permitted with the approval of a CUP.
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 establishment of the proposed youth integrated mental health and wellness center
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 this type of use is most similar to a medical office use. Sector B-1 of CDP
78-1 allows sports medical clinics and offices, and the operation of a medical office
is seen as comparable. The CUP process is a tool to evaluate uses and, as such,
Staff has found that the proposed use is compatible with the other uses in the
business park. This is because the proposed mental health and wellness center is
consistent with both the purpose and intent of the planning sector, and the
allowable service uses that provide support to other commercial and industrial
uses. Planning Sector 8-1 identifies professional service uses as principal uses
permitted by right, along with sports medical clinics and offices as conditionally
permitted uses. Each of these permitted and conditionally permitted uses operate
PC Resolution 24-08-28-01 3 August 28, 2024
in ways similar to that of the proposed mental health and wellness center. The
proposed use is centered around providing services inclusive of medical
consultation and medical services, family support services, and career and
academic support. Further, the proposed use will assist in serving the existing
businesses within the area. The uses primary target age group is college students
and young adults between the ages of 18 through 25 years old, although ages 12
through 25 will be accepted. Within close proximity to the project site are several
personal training businesses and fitness centers, as well as private schools such
as Saint Margarets Episcopal, all of which would cater to a similar age group.
2. The proposed use is consistent with the purpose, intent, and standards of the Land
Use Code and CDP 78-1, because Planning Sector B-1 allows sports medical
clinics and offices, which operate similarly to a medical office use. Furthermore,
the purpose and intent of Planning Sector 8-1 of CDP 78-1 visualizes that the
sector be a high-quality planned business and office park with professional service
uses that provide support services to other activities within the sector. Other uses
within the vicinity of the project site include schools, personal training and fitness
centers, all of which would service individuals who are in the same age range as
Allcove. The project site also has a General Plan land use designation of Industrial
Park. The land use element of the General Plan identifies that the Industrial Park
designation allows uses which are not obnoxious and do not cause disruption to
persons residing or conducting business within the area in which they are located
and generally throughout the city. The proposed use meets the intent of the
industrial park designation, because the operations of the use will not cause
offensive sounds, vibrations, smells or visual impacts to any adjacent tenant and
will operate during similar hours of the day as adjacent land uses within the center.
3. The proposed use would be located within an existing office park known as the
Capistrano Business Park. The existing suite is located within a building that is not
proposed to be expanded and which also currently conforms to the development
standards of the underlying zone. Additionally, the parking analysis which was
previously conducted for the site is still relevant and identifies that the business
center contains an excess of parking stalls during weekday peak operating hours.
Consequently, the project is situated on a site with adequate size, shape and
contains an adequate number of parking stalls to accommodate all required
features.
4. The proposed use would be 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 existing tenant space which is to be improved to
PC Resolution 24-08-28-01 4 August28,2024
accommodate the use. Furthermore, the operating hours of the use are similar to
that of adjacent uses and no clientele are permitted to stay overnight. The use will
be held completely inside of the building in which it is proposed and would not
generate noise levels above what would be normal for an office type use.
5. The proposed use would have adequate access and parking to support the use.
Access and parking would remain relatively 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. Furthermore, many
of the young adults attending the use will be dropped off and picked up by their
guardians and will not be parking vehicles on the site during their visit.
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.
RECITALS: The recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
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, CA 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
12, 2024. This Project approval shall be valid for a period of two (2) years from the
effective date of this resolution and shall expire on August 29, 2026, unless a time
extension request is submitted to the Zoning Administrator or building permits or a
certificate of occupancy related to this discretionary approval have been issued 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.
PC Resolution 24-08-28-01 5 August 28, 2024
PASSED, APPROVED AND ADOPTED this 28th day of August 2024
Project#:
Project Name:
Approval Date:
Effective Date:
EXHIBIT "A"
PC RESOLUTION NO. 24-08-28-01
CONDITIONS OF APPROVAL
Conditional Use Permit (CUP) 24-001
Allcove Mental Health and Wellness Center
January 24, 2024
September 12, 2024
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
establishment of a mental health and wellness center located at 27125 Calle
Arroyo Suite 2000 (APN: 666-131-17). This approval is granted based on
the application materials submitted by Susan Parmelee, including
development plans submitted on June 3, 2024. 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 plans, and which do not intensify or change
the use or require any deviations from adopted standards, may be approved
by the Development Services Director. Major modifications to this approval
which are determined by the Development Services Director to not be in
substantial conformance with the approved plans, require submittal of
updated application materials and the required application deposit. This
Project approval shall become effective following expiration of the fifteen
(15) day appeal period, without the filing of an appeal application. If no
appeal is filed, this project approval shall be valid for a period of 24 months
from the effective date of approval of this Resolution, and shall expire on
August 29, 2026, unless a time extension request is submitted to the Zoning
Administrator or a building permit related to this discretionary approval has
been issued prior to that date.
Resolution 24-08-28-01
Allcove Mental Health and Wellness Center Page 2
Conditions of Approval
August28,2024
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. With counsel acceptable to the City, 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 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 to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter at the Applicant's expense.
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.
Resolution 24-08-28-01
Allcove Mental Health and Wellness Center Page 3
Conditions of Approval
August28,2024
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
Saturday
7:00 a.m. to 6:00 p.m .
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.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY BUILDING PERMIT(S):
10. An architectural plan is required to be submitted to the Orange County Fire
Authority (OCFA) and reviewed if any room or space is classified as a
Group A Occupancy (service codes PR208-PR204). (OCFA)
THE FOLLOWING CONDIITIONS SHALL BE SATISFIED PRIOR TO CONCEALING
INTERIOR CONSTRUCTION:
11 . Fire sprinkler system tenant improvement (service codes PR430-PR455)
as required by the Orange County Fire Authority. (OCFA)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY CERTIFICATE(S) OF OCCUPANCY:
12. Specific submittal requirements may vary from those listed above
depending on actual project conditions identified or present during design
development, review, construction, inspection, or occupancy. Portions of
the project that are deferred shall be subject to the codes, standards, and
other applicable requirements in force on the date that the deferred plan is
submitted to OCFA. Standards notes, guidelines, informational bulletins,
submittal instructions, and other information related to plans reviewed by
the OCFA may be found by visiting www.ocfa.org and clicking on "Business__..
Planning & Development Services" in the menu bar at the top of the screen.
(OCFA)
13. Any activity outside the normal operational plan as described in the staff
report and Applicant's letter of intent shall be subject to Section 9-3.54 7
Special activities requiring the applicant to submit an application at least 14
days prior to the scheduled activity. (DSD)
14. The site shall not be rented, leased, subleased, or otherwise occupied for
purposes not specified by the applicant of this CUP application. (DSD)
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Allcove Mental Health and Wellness Center Page 4
15. The hours of operation shall be as follows:
Tuesday -Friday from 10:00 AM to 8:00 PM
Saturday from 10:00 AM -2:00 PM
Sunday and Monday Closed
16. No overnight housing of clientele is permitted.
Responsible Department/Agencies:
= Building and Safety
Conditions of Approval
August 28, 2024
B&S
DSD
PW
OCFA
= Development Services Department
= Public Works Engineering
= Orange County Fire Authority