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