PC Resolution-10-07-13-02PC RESOLUTION NO. 10-07-13-02
CONDITIONAL USE PERMIT (CUP) 10-005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN 825
SQUARE FOOT "MASSAGE THERAPY" BUSINESS IN THE "GC" (GENERAL
COMMERCIAL) ZONE DISTRICT LOCATED AT 32301 CAMINO CAPISTRANO, SUITE
C-2 (ASSESSORS PARCEL NUMBER 668-091-06)
Whereas, Alex Jeon, has requested approval of a Conditional Use Permit to
establish an 825 square foot "massage therapy" business at 32301 Camino Capistrano,
which is General Plan -designated General Commercial, and classified as General
Commercial (GC) on the Official Zoning Map; and,.
Whereas, SJC Del Rio, LLC & Del Rio JB, LLC is the owner of real property
described as Assessor's Parcel Number 668-091-06 located at 32301 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 Community Development 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 July 13, 2010, 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 10-005:
Plaza Del Rio currently has a variety of commercial tenants, including various
convenience and personal services (nail salon, beauty supply, dry cleaner), as well as
medical/dental. The massage therapy would be consistent these types of uses already
established within the center. Land use impacts would be similar to these types of
businesses in terms of hours of operation and patronage volume.
2. The parking demand for the massage therapy use would be most comparable to
medical office uses within a shopping center which would require a minimum of 3
parking spaces and can be accommodated by existing parking in compliance with Title
9 and minor exception approved by Planning Commission resolution 09-03-10-01.
PC Resolution 10-07-13-02 2 Julv 13. 2010
3. The use is consistent with the Circulation Element of the General Plan. This
determination is based on occupation of an existing suite. Therefore the circulation
system that serves the subject site has been determined not to be negatively impacted.
Furthermore, the subject use was found to be consistent with the Land Use Element of
the General Plan because the proposed use is small scale and can coexist compatibly
with surrounding land uses. The infill nature of the proposed use is consistent with the
Conservation and Open Space element because no undeveloped land is proposed to
be developed as part of this project. Because the nature of the proposed use and its
associated impacts meet the intent of the policies, objectives, and recommendations of
the General Plan, it is determined that the proposed use is consistent with the General
Plan.
4. Since the proposed use meets the development standards, and does not adversely
impact existing uses, it is determined that the proposed use is consistent with the intent
and purpose of the General Commercial district.
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
effectivefollowing 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, July 28, 2010. 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 July 13, 2012, 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.
PASSED, APPROVED AND ADOPTED this 13th day of July, 2010, by the
following vote, to wit:
AYES: Chair Cohen, Commissioners Tatarian, Mocalis, Kerr, and
Williams
NOES:
ABSTAIN:
ABSENT: Vice -Chair Ratcliffe, Commissioner Neely
4i5)L
Sheldon Cohen, Chairman
�YA& 0/'X'a�
liam A. Ramsey, A[ -CP, Prin p I Planner,
Secretary
RESOLUTION #: 10-07-13-02
CONDITIONS OF APPROVAL
Project #: CUP 10-005
Project Name: Le Spa
APPROVAL DATE:
July 13, 2010
EFFECTIVE DATE:
July 28, 2010
EXPIRATION DATE:
July 13, 2012
These conditions of approval apply to Conditional Use Permit 10-005 a request for
approval to establish an 825 square foot, four room, massage therapy business within
an existing building. The subject site is 32301 Camino Capistrano, Suite C-2, and more
specifically referred to as APN: 668-091-06. Any proposed change of use or expansion
of the area or modifications to the site plan or structures shall be submitted to the City
Community Development 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 10-005 is granted to establish and operate an 825
square foot, four room, massage therapy business within an existing
building located at 32301 Camino Capistrano, Suite C-2, APN: 668-091-
06. Approval is granted based on the application materials submitted by
Alex Jeon on April 8, 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 Community Development 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 Community Development 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 July
13, 2012 (24) months after the effective date of the approval 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 Community Development Department, along with the
required deposit or fee, at least ninety (90) days prior to the expiration
Planning Commission Resolution 10-07-13-02 Final Conditions of Approval
CUP 10-005, Le Spa July 13, 2010
Page 2 of 4
date of this approval, except as otherwise approved by the Community
Development Director.
2. The massage therapy establishment shall be in conformance with Title 5,
Chapter 24 of the San Juan Capistrano Municipal Code. The applicant
shall submit all the required information to the City's Business Licensing
Services for review. The establishment shall not be kept open for business
or operated between the hours of 9:00 p.m. and 7:00 a.m.
3. All activities shall be solely conducted within the building. No outdoor
activities shall take place without approval of a Special Activities permit or
a modification to the Conditional Use Permit.
4. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
5. The Applicant must satisfy all requirements of the Orange County Fire
Authority (OCFA).
6. 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.
7. 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.
8. 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.
Planning Commission Resolution 10-07-13-02 Final Conditions of Approval
CUP 10-005, Le Spa July 13, 2010
Page 3 of 4
9. 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.
10. 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, or any public nuisances arising or occurring
incidental to the establishment or operation.
11. 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.
12. 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:
13. 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.
14. 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. (ENG)
15. 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)
Planning Commission Resolution 10-07-13-02 Final Conditions of Approval
CUP 10-005, Le Spa July 13, 2010
Page 4 of 4
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:
16. Final Planning Inspection. The applicant shall schedule a final inspection
by the Community Development Department, and shall.pay any
outstanding balance in the Developer Deposit Account assigned to this
application. (PLN)
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: July 13, 2010
Resolution No.: 10-07-13-02
Effective Date: July 28, 2010
Applicant Acceptance of Conditions of Approval:
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By: -�
Applicant/Agent Date