PC Resolution-11-01-11-01PC RESOLUTION NO. 11-1-11-01
CONDITIONAL USE PERMIT (CUP) 10-011 DOCTOR'S AMBULANCE
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 311 SQUARE
FOOT AMBULANCE SUB -STATION IN THE "GC" (GENERAL COMMERCIAL) ZONE
DISTRICT, LOCATED AT 32302 CAMINO CAPISTRANO, SUITE 209, (ASSESSORS
PARCEL NUMBER 668-453-13)
Whereas, Aaron Rosen of Doctor's Ambulance Service, has requested
approval of a Conditional Use Permit to establish a 311 square foot ambulance sub -station
at 32302 Camino Capistrano, Suite 209, which is General Plan -designated General
Commercial, and classified as General Commercial (GC) on the Official Zoning Map; and,
Whereas, Daniel L Friess is the owner of real property described as
Assessor's Parcel Number 668-453-13 located at 32302 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 Development Services Department reviewed the project and
has determined that the project qualifies as a Class 1 "minor alterations to existing public
and private structures" Categorical Exemption under Section 15301 of the Guidelines for
the California Environmental Quality Act; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on January 11, 2011 pursuant to pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings in relation to
Conditional Use Permit 10-011:
1. The use will be compatible with existing, surrounding land uses because it provides
a necessary community -wide service and does not adversely impact the
surrounding uses due to the small-scale, low intensity nature of the ambulance sub-
station. Since sufficient parking is provided and emergency vehicle protocols will be
followed with respect to lights and sirens, impacts are determined to be negligible.
2. The proposed use would comply with the provisions of Title 9, Land Use Code. The
applicant submitted information regarding available parking, as well as a current
tenant list. Staff conducted a parking analysis for this project based on information
provided by the applicant and determined there would be a parking surplus of 5
PC Resolution 11-1-11-01 2 January 11, 2011
spaces, assuming the highest intensity of operation. Additionally, as a matter of
courteous practice to other tenants, the applicant proposes employee parking in on -
street spaces during business hours which will further reduce potential impacts.
3. The proposed use would be consistent with the General Plan Land Use Element
because the proposed use is small scale and can coexist compatibly with
surrounding retail, office, and service land uses consistent with the General Plan's
land use policies. Because the nature of the proposed use and its associated
impacts meet the intent of the policies, objectives, and recommendations of the
General Plan, the proposed use is determined to be consistent with the General
Plan.
4. The proposed site is located within the GC (General Commercial) zone district,
which is to provide for a wider range of commercial land uses than those permitted
in the Tourist Commercial (TC) District and Neighborhood Commercial (NC) District
in order to accommodate most of the retail and service needs of the residents of the
City, which allows for community -wide service uses, which includes "Ambulance
Services." Since this is a community -wide service use, the ambulance substation is
consistent with the purpose and intent of the GC district.
5. The parking analysis conducted by staff demonstrates adequate parking to
accommodate the proposed use. Existing site access is to remain unchanged and
the City's Traffic Engineer has confirmed that the site has adequate ingress/egress
for the ambulance.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project based upon
the findings set forth herein and subject to the conditions of approval contained in Exhibit
A, attached hereto and incorporated herein.
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 p.m., Wednesday, January 26, 2011.
This project approval shall be valid for a period of twenty-four (24) months from the date of
approval of this resolution, and shall expire on January 11, 2013, unless the use or
occupancy which is the subject of this action has commenced and all conditions of
approval have been met, or a time extension has been submitted to the City prior to that
date.
PC Resolution 11-1-11-01 3 January 11, 2011
PASSED, APPROVED AND ADOPTED this 11th day of January, 2011, by the
following vote, to wit:
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioners Williams, Kerr,
Mocalis, Neely, and Tatarian
NOES:
ABSTAIN:
Sheldon Cohen, Chairman
MAIMI��'Mi
Wifliam A. Ramsey, AICP,Pncip l Planner,
Secretary
RESOLUTION #: 11-1-11-01
CONDITIONS OF APPROVAL
Project #: CUP 10-011
Project Name: Doctor's Ambulance
APPROVAL DATE: January 11, 2011
EFFECTIVE DATE: January 26, 2011
EXPIRATION DATE: January 11, 2013
These conditions of approval apply to Conditional Use Permit 10-008 a request for
approval to establish a 311 square foot ambulance sub -station in the "GC" (General
Commercial) Zone District with no exterior modifications located at 32303 Camino
Capistrano, Suite 209, (Assessor Parcel Number 668-453-13). Any proposed change of
use or expansion of the area or modifications to the site plan or structures shall be
submitted to the City Development Services Department, along with the required
application and deposit or fee, for review. 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.
General Conditions:
1. Conditional Use Permit 10-011 is granted to establish and operate a 311
square foot ambulance sub -station in the "GC" (General Commercial)
Zone District with no exterior modifications located at 32303 Camino
Capistrano, Suite 209, (Assessor Parcel Number 668-453-13). Approval is
granted based on the application materials submitted by Aaron Rosen on
September 9, 2010. 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 site plan, and which do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
Development Services Director upon submittal of an application and the
required deposit or fee. If not appealed, this approval shall become
effective on the first business day following the fifteenth (15th) day after the
date of the Planning Commission's approval and shall expire November
January 11, 2013 (24) months after the approval date unless the use or
occupancy which is the subject of this action has taken place and all
conditions of approval have been met, or a time extension has been
granted by the City. Any application for an extension of time shall be
submitted to the Development Services Department, along with the
required deposit or fee, at least ninety (90) days prior to the expiration
date of this approval, except as otherwise approved by the Development
Services Director.
Planning Commission Resolution 11-1-11-01 Final Conditions of Approval
CUP 10-011, Doctor's Ambulance January 11, 2011
Page 2 of 4
2. No Doctor's Ambulance staff shall not park on Avenida Los Amigos.
3. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
4. The Applicant must satisfy all requirements of the Orange County Fire
Authority (OCFA).
5. 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.
6. 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, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
7. 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.
8. 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, the conditions and/or plans as stipulated in the later
approval shall prevail.
9. The use shall meet the standards and shall be operated and maintained
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.
Planning Commission Resolution 11-1-11-01 Final Conditions of Approval
CUP 10-011, Doctor's Ambulance January 11, 2011
Page 3 of 4
10. 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.
11. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
12. Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
review and approval, and shall comply with the latest City -adopted edition
of the applicable building codes. (B&S)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the use has been
released for occupancy.
13. Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
waste disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted. (PW)
14. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:30 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(B&S)
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission
to use or occupy the project site, as specified below:
15. Final Planning Inspection. The applicant shall schedule a final inspection
by the Development Services Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
Responsible Agencies: B&S Building and Safety Division
UD = Utilities Department
Planning Commission Resolution 19-1-11-01 Final Conditions of Approval
CUP 10-091, Doctor's Ambulance January 11, 2011
Page 4 of 4
PLN = Planning Division
PW = Public Works Department
i OCFA = Orange County Fire Authority
Date of Approval: January 11, 2011
Resolution No.: 11-1-11-01
Effective Date: January 26, 2011
Applicant Acceptance of Conditions of Approval:
By:
Applicant/Agent Date