PC Resolution-12-05-08-01• ' " • ' ••' ••' • : •"
r . •. • " •:.... " a It: • • 1 . 1.
Whereas, Capistrano Community Church/Harriet Perry; 27121 Aliso Creek,
#115 have requested approval of Conditional Use Permit 12-003; to allow an existing 3,598
square foot first floor suite to be used for "religious, fraternal, or nonprofit organization
(nonprofit) use on property located at 27121 Calle Arroyo, Suite #2200 which is General
Plan -designated "4.0 Industrial Park and classified as Planned Community (PC) and is
subject to Comprehensive Development Plan 78-1, Ortega Business Center, Planning
Sector B-1 on the Official Zoning Map; and,
Whereas, proposed • • - been processed • , • Section •
2.301, Development Review of the Land Use Code, and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for an exemption under Section 15061(b)(3), and will cause the Notice
of Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines which
provides that "the notice shall not be filed with OPR or the county clerk until the project has
been approved;" and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on May 8th, 2012 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy
5, and Planning Department Policy 510 to consider public testimony on the proposed
project and has considered all relevant public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.317 of Title 9, Land Use Code of the City of San Juan
Capistrano:
The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the "4.0 Industrial Park" district because the
PC Resolution 12-05-08-01 2 Mav 8th. 2012
proposed use is small in scale and can coexist compatibly with surrounding land
uses. The General Plan Identifies allowable uses in the "4.0 Industrial Park" districts
as wholesale businesses, light manufacturing and assembly, research and
development, warehousing and storage, and distribution and sales. Although places
of gathering are not identified in this land use district, staff did not find significant
inconsistencies with the allowable land uses and the proposed use and
recommends that the Planning Commission determine that the proposed use is
consistent with the General Plan; and,
2. The proposed project complies with all applicable provisions of the Land Use Code
subject to the mitigation measures and conditions of approval contained in this
resolution. The applicant submitted information regarding available parking which
satisfies Section 9-3.535 Parking. There is no assigned parking throughout the
center, however, the applicant identified 67 (3 ADA) stalls in the immediate vicinity
surrounding the building. An assembly structure with a seating area of 1,950 square
feet requires 65 available parking stalls, leaving a parking surplus of 2 stalls. The
applicant is hoping to eventually expand the congregation to 75-80 participants, and
according to the fixed seating requirement of Section 9-3.535, 27 stalls would be
required for an assembly consisting of 80 fixed seats. Noise levels are subject to the
standards of Section 9-3.531 Noise Standards. Signage is subject to Architectural
Control (AC) 88-10; and,
3. The proposed project is compatible with existing, surrounding land uses. The
Capistrano Business Center currently has a variety of commercial and service
tenants including health/athletic clubs, insurance agencies, and administrative
offices. Industrial tenants, medical research facilities and an assisted living center
are located in adjacent buildings as the proposed church location. The proposed
church use is compatible with existing, surrounding land uses due to the hours of
operation, patronage volume, and nature of the proposed programs.
4. The proposed project is consistent with the purpose and intent of the zone district in
which the use will be located. The proposed site is located within the PC (Planned
Community) zone district within Comprehensive Development Plan (CDP) 78-01,
Planning Sector B-1, in which intends to create a high quality planned business and
office park, which will provide a visually pleasing amenity for the community, and an
employment center as envisioned by the General Plan. The types of uses which
meeting this intent include large industrial corporate office uses; professional
service uses which provide support services to other commercial or industrial
activities (e.g. design/engineering firms, accounting and bookkeeping, etc.); and
mortgage banking and insurance firms which provide support service to other office
and business activities. A church of this scale is consistent with the purpose and
intent of Planning Sector B-1 of CDP 78-1.
PC Resolution 12-05-08-01 3 Mav 8th. 2012
(CUP) 12-003 subject to those mitigation measures established by Exhibit A, attached
hereto and incorporated herein; and,
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 5:00pm on Wednesday, May 23rd,
2012. This project approval shall be valid for a period of two (2) years from the date of
approval of this resolution, and shall expire on May 8t", 2014 unless a time extension
request or building/grading permit application related to this discretionary approval is
submitted to the City 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 8th day of May, 2012, by the
following vote, to wit:
AYES: Chairman Rob Williams and Commissioners Sheldon Cohen, Tim
Neely, Roy Nunn, and Jeff Parkhurst.
NOES: None.
ABSTAIN: None.
Rob Williams, Chairman
William A. Ramsey, AICP, Assistant DkIector
Secretary
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