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PC Resolution-10-06-08-02A RESOLUTION OF • •, OF SAN JUAN CAPISTRANO APPROVING A 1,561 SQUARE FOOT NOW COMMERCIAL DAY CARE FACILITYAN COMMERCIAL BUID•' a AT RANCHO • SUITE F (ASSESSOR PARCEL 666-261-03)(ST. MARGARET'S EPISCOPAL • • WHEREAS, Ortega III LLP is the owner of real property described as Assessor's Parcel Number 666-261-03 located at 31732 Rancho Viejo, San Juan Capistrano; and, WHEREAS, St. Margaret's proposes to establish and operate an approximately 1,561 square foot non-commercial day care facility in an existing multi -use commercial building with no exterior modifications associated with the proposed use; and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code and reviewed for compliance with the City's General Plan and the City's adopted Architectural Design Guidelines; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15303 of the California Environmental Quality Act (CEQA) and issued a Class 3 Categorical Exemption; and, WHEREAS, On June 08, 2010 the Planning Commission conducted a duly noticed public hearing 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. - 1 indings: 1. The proposed use does not contain any design modifications; therefore there are no potential inconsistencies with the General Plan. The proposed use is located within the 5.0 Public and Institutional General Plan Designation. The 5.0 Public and Institutional General Plan Designation, which establishes other uses determined to be compatible with primary uses as being permitted. The site's Zoning Designation Planned Community (PC) governed by CDP 78-01 establishes that child day care facilities are permitted as Conditional Uses. Therefore there are no physical impacts associated with the project and the proposed use has been identified in the subject zoning designation it is found to be consistent with the General Plan; and, 2. The property is located within the Planned Community (PC) zone district, and is Governed by CDP 78-01 subsector D. Planning Sector "D" pursuant to Section VI I.C.1. of Comprehensive Development Plan 78-01, Ortega Business Center PC Resolution 10-06-08-02 2 June 8t" 2010 establishes child care facilities permitted as Conditionally Permitted items subject to review and approval of a Conditional Use Permit, prior to the establishment of the use. The applicant has not proposed any exterior modifications associated with the establishment of the use. The proposed use is limited to interior areas. The proposed use requires an additional five parking spaces where the existing center currently has a ninety eight parking space surplus. Therefore because there are no exterior improvements or activities, the center currently has adequate parking and the use is identified within the applicable comprehensive development plan it is found to be consistent with the Municipal Code; and, 3. The proposed use is to be located within a previously approved and constructed multi use quasi industrial building. The proposed use does not propose any new construction that would exceed the existing building foot print and would be limited to typical interior tenant improvements. Therefore because the use does not propose any new construction other than typical tenant improvements and is located in an existing building it is found to be consistent with the intent of this finding; and, 4. The proposed use is located in an existing multi use commercial and public and institutional complex. A condition of approval has been added limiting the location of the use to the tenant suite, thereby minimizing potential impacts. Further the proposed use has been conditioned to prohibit loading and unloading within drive aisles. Therefore as proposed and conditioned the proposed use would not create substantial impacts and is consistent and compatible with the uses within the subject site and the abutting properties; and, 5. The proposed use has a parking demand of five parking spaces. Based upon existing uses and total parking provided the center currently has a surplus of ninety eight parking spaces, and the additional demand would not reduce the parking provided to levels inconsistent with the Municipal Code requirements. Further the proposed use is to be located within in an existing building that has adequate access. To limit potential impacts on access a condition of approval has been added prohibiting unloading and loading in drive aisles. Therefore as proposed and conditioned the proposed use has adequate parking and access; and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby confirm issuance of a categorical exemption and approves the project subject to conditions of approval set forth 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 5:00 PM June 23, 2010. This project approval shall be valid for a period of one year from the date of approval of PC Resolution 10-06-08-02 3 June 8th. 201 this resolution, and shall expire on June 08, 2011 unless a time extension request or building permit application related to this discretionary approval is submitted to the City prior to that date. PASSED, APPROVED AND ADOPTED this 8th day of June, 2010, by the following vote: AYES: Chairman Cohen, Commissioners Ratcliffe, Kerr, Mocalis, Neely, Tatarian and Williams. NOES: None. ABSTAIN: None. Sheldon Cohen, Chairman iL am A. Ramsey, AIC P, Princi I P nner Secretary RESOLUTION #: 10-06-08-02 ATTACHMENT 1 CONDITIONS OF APPROVAL Project #: 09-003 Project Name: Wee Tartans Childcare Center APPROVAL DATE: June 08, 2010 EFFECTIVE DATE: June 23, 2010 EXPIRATION DATE: June 08, 2011 These conditions of approval apply to Conditional Use Permit (CUP) 09-003 for approval to establish and operate a 1,561 square foot non-commercial day care facility in an existing multi -use commercial building. There are no exterior modifications associated with the proposed use. The subject site is located at 31732 Rancho Viejo Suite F, generally located along the west side of La Novia Avenue between Calle Arroyo and Rancho Viejo Road and the north side of Calle Arroyo between La Novia Avenue and Rancho Viejo Road. and more specifically referred to as Assessor Parcel (APN) 666-261-03. Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted to the City Planning Department along with the required application and 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 (CUP) 09-003 for approval to establish and operate an 1,561 square foot non-commercial day care facility in an existing multi -use commercial building. There are no exterior modifications associated with the proposed use. The subject site is located at 31732 Rancho Viejo Suite F, generally located along the west side of La Novia Avenue between Calle Arroyo and Rancho Viejo Road and the north side of Calle Arroyo between La Novia Avenue and Rancho Viejo Road.and more specifically referred to as Assessor Parcel (APN) 666-261-03. This approval is granted based on the application materials submitted by David Bush on June 3, 2010 including site and floor plans. 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 Planning 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 Planning Director upon submittal of an application and the required fee. Any proposal to expand the church use beyond the area illustrated on the floor plan shall be subject to new discretionary approval. If not Resolution No. 10-06-08-02 Project No. CUP 09-003, Wee Tartan Childcare Facility Final Conditions of Approval Date: June 8, 2010 Page 2 of 5 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 June 08, 2011, 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 Planning Department, along with the required fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Planning Director. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or 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. 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. 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. Sign approval for the project is a separate process requiring the issuance of a sign permit and building permits, and is subject to review and approval by the Planning Department and Building and Safety Department. 7. 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 Resolution No. 10-06-08-02 Project No. CUP 09-003, Wee Tartan Childcare Facility Final Conditions of Approval Date: June 8, 2010 Page 3 of 5 subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 8. 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, traffic safety or any public nuisances arising or occurring incidental to the establishment or operation and shall meet the requirements of these conditions of approval on a continuing basis. Failure to meet these requirements may be grounds for revocation of this Conditional Use Permit. 9. 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. 10. 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) 11. The applicant shall allow the Business License Administrator or designated City staff to inspect the business premises at any time for compliance with the provisions of these conditions of approval and Title 9, Land Use Code. Failure of the business owner or his/her employees to allow inspection by City staff shall be grounds for revocation of the business license and may be grounds for the revocation of this Conditional Use Permit. 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) 13. Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final interior improvement construction plans, and floor plans to the Building and Safety Department for review and approval by all applicable departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Planning Commission, and/or Planning Director (as applicable). Plans shall address the following: (PLN) Resolution No. 10-06-08-02 Project No. CUP 09-003, Wee Tartan Childcare Facility Final Conditions of Approval Date: June 8, 2010 Page 4 of 5 a. The final conditions of approval shall be incorporated into the construction plans and shall be reproduced on the front page of the construction plans. 14. OCFA Review of Architectural Building Plans. Prior to the issuance of a building permit, the applicant shall submit site and floor plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA) 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. Consistency with Approved Plans and Elevations. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, and floor plans. (PLN) 16. Final Planning Inspection. A minimum of one week prior to final inspection by the Building and Safety Department, the applicant shall schedule a final inspection by the Planning Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. (PLN) The following ongoing conditions shall be complied with at all times after completion of the project. 17. Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (PLN) 18. Loading and Unloading. Loading and unloading of children shall be prohibited from those areas designated for vehicular access. Responsible Agencies: B&S = Building and Safety ENG = Engineering Department PLN = Planning Department PW = Public Works Department OCFA = Orange County Fire Authority Date of Approval: June 08, 2010 Resolution No.: 10-06-08-02 Effective Date: June 23, 2010 Resolution No. 10-06-08-02 Project No. CUP 09-003, Wee Tartan Childcare Facility Applicant Acceptance of Conditions of Approval: Applicant Name Its: (:� Wb - ,(AO -L -- Title Final Conditions of Approval Date: June 8, 2010 Page 5 of 5 Date