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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: ^� � -d-t) By: -� Applicant/Agent Date