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Resolution Number 92-10-20-3RESOLUTION NO. 92-10-20-3 UPHOLDING APPEAL OF PLANNING COMMISSION APPROVAL OF TEMPORARY WEEKDAY TRAINING PROGRAM SUBJECT TO IN LIEU PARKING FEE - CONDITIONAL USE PERMIT 91-2 (THE LIFE CHIIRCHI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING THE APPELLANT'S APPEAL OF THE PLANNING COMMISSION'S CONDITION OF APPROVAL REQUIRING AN IN -LIEU PARKING FEE FOR A TEMPORARY WEEKDAY TRAINING PROGRAM FOR THE LIFE CHURCH FACILITY LOCATED AT 27129 CALLE ARROYO - CONDITIONAL USE PERMIT 91-2 WHEREAS, the applicant, The Life Church, 27129 Calle Arroyo, San Juan Capistrano, California 92675, has appealed the action of the Planning Commission of the City of San Juan Capistrano, approving a temporary daytime training program and authorizing parking along Calle Arroyo, a public street, subject to an in -lieu parking fee; and, WHEREAS, on September 10, 1991, the City's Environmental Review Board determined that Conditional Use Permit 91-2 would not have a significant impact upon the environment and issued a mitigated negative declaration; and, WHEREAS, in reviewing the proposed modifications to Conditional Use Permit 91-2, the Planning Director has determined that the project is categorically exempt, Class 22, which applies to actions related to educational or training programs not involving physical changes; and, WHEREAS, in September, 1991, the Planning Commission approved Conditional Use Permit 91-2, allowing for the establishment of the 8,500 -square -foot church facility with joint use parking, limited hours of operation, and restricted activities within the Capistrano Business Center, Phase II; and, WHEREAS, on August 25, 1992, the Planning Commission adopted Resolution No. PC 92-8-25-1, conditionally approving modifications to Conditional Use Permit 91-2 to allow a temporary training program from September, 1992, to May, 1993, with parking on Calle Arroyo, a public street, subject to an in -lieu parking fee of $5,670; and, WHEREAS, the City Council does hereby find and determine as follows: 1. The requested parking on Calle Arroyo would not result in a deficiency of public parking spaces because there is little demand for parking along Calle Arroyo because the adjacent south property is vacant and not anticipated to be proposed for development in the near future; and, -1- 2. The on -street parking will not present a conflict with the Municipal Code because Section 9-3.602(b)(6) of the Land Use Code requires that all permitted or required accessory parking and loading facilities be provided on the same site as the structure or use served, except where specifically permitted to be located off the site by the provisions of subsection (c). _ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby uphold the appellants appeal of the Planning Commission's condition of approval requiring an in -lieu parking fee of $5,670 for a temporary weekday training program for The Life Church facility located at 27129 Calle Arroyo. BE Tr FURTHER RESOLVED that the following conditions shall apply: 1. The modifications to Conditional Use Permit 91-2 shall expire May 31, 1992. 2. Parking shall be restricted to either side of Calle Arroyo, and shall not utilize Paseo Tirador. 3. The applicant shall be responsible for enforcing street parking on Calle Arroyo. Violation of this condition, either by parking in the Plaza or on Paseo Tirador, shall result in revocation of the Conditional Use Permit. 4. The training program and parking shall be restricted to occur from Monday through Thursday, from 7:30 a.m., to 12:00 p.m. PASSED, APPROVED, AND ADOPTED this 20th day of October 1992. /I GIL IPN YOR ATTEST: CIW CLER _ -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. c)2 -j() -9n-,; adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of October , 1992, by the following vote: AYES: Councilmen Friess, ffausdorfer, Harris, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT. None (SEAL) CHERYL JOHNSOJK, CITY CLERK` -3-