PC Resolution-10-11-09-01PC RESOLUTION NO. 10-11-09-01
CONDITIONAL USE PERMIT (CUP) 10-008 CAPISTRANO ACADEMY OF DANCE
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 2,683
SQUARE FOOT DANCE STUDIO IN THE "PC" (PLANNED COMMUNITY) ZONE
DISTRICT WITHIN COMPREHENSIVE DEVELOPMENT PLAN (CDP) 78-01, PLANNING
SECTOR A-2, SUBSECTOR 3, LOCATED AT 31734 RANCHO VIEJO ROAD,
(ASSESSORS PARCEL NUMBER 666-261-04)
Whereas, Elizabeth Kinney, has requested approval of a Conditional Use
Permit to establish an 2,683 square foot dance studio at 31734 Rancho Viejo Road, which
is General Plan -designated Neighborhood Commercial, and classified as Planned
Community (PC) on the Official Zoning Map; and,
Whereas, Ortega Village, LLC is the owner of real property described as
Assessor's Parcel Number 666-261-04 located at 31734 Rancho Viejo Road, 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 November 9, 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 10-008:
1. The dance school is expressly permitted in the Comprehensive Development Plan
and is consistent with types of uses typically found in commercial center. Land use
impacts would be minimal and similar to these types of businesses in terms of hours
of -operation and patronage volume.
2. The proposed use would comply with the provisions of Title 9, Land Use Code.
There would be a parking surplus of 42 spaces. Additionally, employees would be
required to park in areas not immediately adjacent to the school to reduce traffic
PC Resolution 10-11-09-01
November 9, 2010
circulation impacts by allowing pick-up and drop-off vehicles short term parking near
the main business entrance.
3. The proposed use would be consistent with the Land Use Element of the General
Plan because the proposed use is small scale and can coexist compatibly with
surrounding retail and service land uses because the nature of the proposed use
and its associated impacts meet the intent of the policies, objectives, and
recommendations of the General Plan.
4. The proposed site is located within the PC (Planned Community) zone district within
Comprehensive Development Plan (CDP) 78-01, Planning Sector A-2, in which
allows for similar types of school or vocational uses. Therefore, the dance studio is
consistent with the purpose and intent of Planning Sector A-2.
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, November 24, 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 November 9, 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 9' day of November, 2010, by
the following vote, to wit:
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioners Williams, Kerr,
Mocalis, Neely, and Tatarian
►f�n-:1.3
ABSTAIN:
She on Cohen, Chairman
M
Wiliam A. Ramsey, AICP, mcipalPanner,
Secretary
RESOLUTION #: 10-11-09-01
CONDITIONS OF APPROVAL
Project #: CUP 10-008
Project Name: Capistrano Academy of Dance
APPROVAL DATE: November 9, 2010
EFFECTIVE DATE: November 24, 2010
EXPIRATION DATE: November 24, 2012
These conditions of approval apply to Conditional Use Permit 10-008 a request for
approval to establish an 2,683 square foot, dance studio within an existing building. The
subject site is 31734 Rancho Viejo, and more specifically referred to as APN: 666-261-
048. 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 10-008 is granted to establish and operate an
2,683 square foot, dance studio within an existing building located at
31734 Rancho Viejo Road, APN: 666-261-04. Approval is granted based
on the application materials submitted by Elizabeth Kinney on August 4,
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 24, 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 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.
2. All Capistrano Academy of Dance staff shall park in areas not immediately
adjacent to the main business entrance.
Planning Commission Resolution 1.0-11-09-01 Final Conditions of Approval
CUP 10-008, Capistrano Academy of Dance November 9, 2010
Page 2 of 4
3. The business manager/owner shall be required to provide an emergency
contact phone number to immediately adjacent businesses. This number
shall be available in case the neighboring businesses are subjected to
excessive noise associated with music, dancing, or other activities. Should
the excessive noise persist, the Development Services Director shall have
the authority to suspend the Conditional Use Permit until the noise is
mitigated to his or her satisfaction. The Director may refer future noise
mitigation to the Planning Commission for review.
4. 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.
5. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
6. The Applicant must satisfy all requirements of the Orange County Fire
Authority (OCFA).
7. 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.
8. 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.
9., 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
Planning Commission Resolution 10-11-09-01 Final Conditions of Approval
CUP 10-008, Capistrano Academy of Dance November 9, 2010
Page 3 of 4
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
10. 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.
11. 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.
12. 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.
13. 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:
14. 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.
15. 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)
16. 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.
Planning Commission Resolution 10-11-09-01
CUP 10-008, Capistrano Academy of -Dance
Final Conditions of Approval
November 9, 2010.
Page 4 of 4
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:
17. 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
PLN = Planning Division
PW Public Works Department
OCFA = Orange County Fire Authority
Date of Approval: November 9, 2010
Resolution No.:. 10-11-09-01
Effective Date: November 24, 2010
Applicant Acceptance of Conditions of Approval:
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Date