PC Resolution-10-04-27-01PC RESOLUTION NO. 10-4-27-01
CONDITIONAL USE PERMIT 10-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION AND APPROVING the ESTABLISHMENT
AND OPERATION OF AN APPROXIMATELY 3,358 SQUARE FOOT
CHURCH IN AN EXISTING MULTI -USE QUASI -INDUSTRIAL
BUILDING. THERE ARE NO EXTERIOR MODIFICATIONS
ASSOCIATED WITH THE PROPOSED USE. LOCATED AT 32124
PASEO ADELANTO, GENERALLY LOCATED APPROXIMATELY 100
FEET SOUTH OF DEL OBISPO AND DIRECTLY ADJACENT TO
PASEO ADELANTO AND MORE SPECIFICALLY REFERRED TO AS
ASSESSOR PARCEL (APN) 668-082-04
WHEREAS, Sycamore Plaza Ltd. Trust is the owner of real property described
as Assessor's Parcel Number 668-082-04 located at 32124 Paseo Adelanto, San Juan
Capistrano; and,
WHEREAS, Luis Magallanes proposes to establish and operate an
approximately 3,358 square foot church in an existing multi -use quasi -industrial 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;
WHEREAS, On April 27, 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:
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 4.1 Quasi -industrial General Plan Land Use designation. The'General
Plan's Land Use Element specifies uses for the various General Plan Land Use
Designations. The 4.1 Quasi -industrial designation does not specifically refer to
religious uses as being permitted, however identifies other uses that are
compatible with the primary uses as being allowed. Religious uses have been
identified as being compatible and have been included as conditionally permitted
uses within Commercial Manufacturing (CM) zone district, which is consistent
with the 4.1 Quasi -industrial General Plan Designation. Therefore because the
PC Resolution 10-4-27-01 2 April 27t". 2010
use has been previously determined compatible with the primary uses identified
in the 4.1 Quasi -industrial General Plan designation and there are no design
related impacts, the proposed use is found to be consistent with the General
Plan; and,
2. The proposed use is located in the Commercial Manufacturing (CM) zone district.
The CM district establishes Churches as a conditionally permitted use, thereby
providing the City the authority to review proposed uses prior to their
establishments. The subject site has been previously approved and constructed
and meets all Municipal Code standards for the CM district. The only provision of
the Land Use Code that is at issue is the availability of parking during the peak
generation of demand for the use. The proposed Church has identified hours of
operation which are at times that the balance of uses of the site are not in
operation. To ensure that the parking impacts do not manifest, a Condition of
Approval has been added that limits the size of the Church and the hours of
operation and any augmentation of either would necessitate a modification to the
approved Conditional Use Permit. Further the applicant has obtained an
exclusive Parking Agreement for total of thirty seven (37) parking spaces during
the hours of operation. Because the use has conditioned to limit the hours and
size of the operation, the applicant has obtained an exclusive parking agreement,
and no other standards of the Land Use Code are .at issue the proposed use is
found to be consistent with the Land Use 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 quasi industrial building, and
is adjacent to two multi use commercial and industrial centers. 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 established
specific hours of operation which are included as in the Conditions of Approval.
These hours of operation are in off peak traffic generation times for the adjacent
uses. 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 center currently has a deficiency in the number of parking spaces
provided for the various uses on site. However due to the various hours of
operation of the uses and the identified hours of operation of the proposed use it
is determined that the hours operations of the existing and proposed uses have
differing peak park demands. Further the proposed uses hours have been
restricted through Conditions of Approval and the applicant has obtained an
PC Resolution 10-4-27-01 3 April 27th 2010
exclusive parking agreement for the hours of operation identified. The site has
adequate access and does present an impact on adjacent existing uses.
Therefore because the proposed use's peak parking demand is during the
existing uses' off peak parking demands, the limitations of the use, and the
securing of a exclusive parking agreement the proposed site is found to have
adequate parking and access to support the proposed use; 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 April 6, 2010. This
project approval shall be valid for a period of 1 year from the date of approval of this
resolution, and shall expire on March 23, 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 27th day of April, 2010, by
the following vote:
AYES: Chairman Cohen, Vice Chairwoman Ratcliffe, Commissioners, Kerr,
Mocalis, Tatarian, and Williams.
NOES:
ABSTAIN:
ABSENT: Commissioner Neely
Sheldon Cohen, Chairman
Grant Taylor, sistant Planning Director
RESOLUTION #: 10-4-27-01
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project #: 10-001 Project Name: Church in Sycamore
APPROVAL DATE: April 27, 2010
EFFECTIVE DATE: May 12, 2010
EXPIRATION DATE: April 27, 2012
These conditions of approval apply to Conditional Use Permit (CUP) 10-001 for
approval to establish and operate an approximately 3,358 square foot church in an
existing multi -use quaski.ndustrial building. There are no exterior modifications
associated with the proposed use. The site is located at 32124 Paseo Adelanto,
generally located approximately 100 feet south of Del Obispo and directly adjacent to
Paseo Adelanto and more specifically referred to as Assessor Parcel (APN) 668-082-
04. 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 06-06 is granted to allow the establishment and
operation of an approximately 3,358 square foot church in an existing
multi -use quasi -industrial building. There are no exterior modifications
associated with the proposed use. The site is located at 32124 Paseo
Adelanto, generally located approximately 100 feet south of Del Obispo
and directly adjacent to Paseo Adelanto and more specifically referred to
as Assessor Parcel (APN) 668-082-04. This approval is granted based on
the application materials submitted by Luis Magallanes on January 11,
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 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 April 27, 2010, unless the use or occupancy which is the
subject of this action has taken place and all conditions of approval have
Resolution No. 4-27-10-01
Project No. CUP 10-001,
Church in Sycamore Plaza
Final Conditions of Approval
Date: April 27, 2010
Page 2 of 5
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
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
Resolution No. 4-27-10-01
Project No. CUP 10-001,
Church in Sycamore Plaza
Final Conditions of Approval
Date: April 27, 2010
Page 3 of 5
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)
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.
Resolution No. 4-27-10-01.
Project No. CUP 10-001,
Church in Sycamore Plaza
Final Conditions of Approval
Date: April 27, 2010
Page 4 of 5
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. Educational Uses. There shall.be no secular educational or day care use
conducted outside the hours of operation established for the proposed
church.
19. Special Uses. Any Activity conducted outside the leased suite shall require
a Special Activity Event permit.
20. Additional Uses. There shall be no homeless shelter, soup kitchen, food
banks, or similar uses.
21. Lessees. The facility shall not be subleased as the approval is for the
proposed church only.
22. Hours of Operation. The hours of operation are limited to the following:
o All Day Sunday
o Monday 6 pm to 10 pm (Choir Practice)
o Tuesday 6:00 pm to 10:00 pm (Church Services)
o Wednesday 6:00 pm to 10:00 pm (Prayer Services)
Resolution No. 4-27-10-01
Project No. CUP 10-001,
Church in Sycamore Plaza
Final Conditions of Approval
Date: April 27, 2010
Page 5 of 5
o Friday 6:00 pm to 10:00 pm (Church Services)
Any deviation of these hours of operations will require modification of the
CUP, to be reviewed by the Community Development Director
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: October 10, 2006 w
Resolution No.: 06-10-10-2
Effective Date: October 25, 2006
Applicant Acceptance of Conditions of Approval:
By: r
pplicant Name Date
Its: a1,0JS71CV- P C-4 an. r
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