Loading...
PC Resolution-09-02-10-01PC RESOLUTION NO. 09-02-10-01 CONDITIONAL USE PERMIT (CUP) 08-010, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW BASEBALL PERFORMANCE TO ESTABLISH A RECREATIONAL USE FACILITY (NOT REQUIRING OUTDOOR FACILITIES), WITHIN A COMMERCIAL MANUFACTURING ZONE DISTRICT LOCATED AT 32771 #B CALLE PERFECTO (ASSESSORS PARCEL NUMBER 668-501-01) Whereas, Calle Perfecto Business Park LLC, owner of real property described as Assessor's Parcel Numbers 668-501-01 located at 32771 Calle Perfecto, San Juan Capistrano; and, Whereas, Phillip Schwartze, representative of Performance Baseball Academy, has requested approval of a Conditional Use Permit, to establish a recreational use (not requiring outdoor facilities) consisting 8,285 square foot athletic training facility (not requiring outdoor facilities) within an 10,900 sf. existing two story zoned building located at 32771 Calle Perfecto, which is General Plan -designated Quasi. Industrial, and classified as Commercial Manufacturing (CM) on the Official Zoning Map; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Planning 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 forthe California Environmental Quality Act; and, Whereas, the Planning Commission conducted a duly -noticed public hearing on February 10, 2009 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 08-010: The proposed use requires no outdoor facilities and should have no adverse impacts on adjacent businesses, except for parking. The applicant has assured staff that all activities will be restricted to the interior of the building and has been conditioned to limit the activities to the interior area exclusively. The proposed hours of operation are concurrent with existing or future businesses adjacent to the proposed facility. Due to the simultaneous hours of operation, staff determines that adequate parking must be provided in order to eliminate parking impacts on PC Resolution 09-02-10-01 2 February 10, 2009 adjacent businesses. The proposed facility would require 22 parking spaces and the adjacent use on the subject lot requires 12 parking spaces, for a total of 34 parking spaces, the subject property contains 37 parking spaces, thus satisfying the parking requirements. While the proposed facility does not create any adverse impacts, future expansion and growth may create significant impacts. To mitigate these impacts the project will be conditioned to limit the size of facility to what is proposed. Any expansion or enlargement of the proposed use would require an amendment to the Conditional Use Permit. Because the proposed facility as identified does not create adverse impacts and Conditions of Approval have been added to minimize potential future impacts, the proposed facility is found to be compatible with existing and surrounding land uses. 2. Due to the internal limitation of operation of the proposed facility, hours of operation, lack of signage proposed, and no external changes to the existing building proposed, the only applicable provision of Title 9, Land Use Code would be parking. Municipal Code section 9-3.535. Parking requires for Business, professional, and trade schools which require one parking space per instructor or employee and one parking space per three students. This translates to a total requirement of 22 parking spaces. The adjacent use approximately 12, 000 sf. located on the subject property requires one parking space for every 1,000 square feet of Industrial parks containing a number of industrial, manufacturing, warehouse facilities or' related facilities, which translates to a 12 space requirement. The subject site contains 37 parking spaces, providing a surplus of 3 parking spaces, thus satisfying the Municipal Code Requirement. Due to the parking calculation based upon instructors and student enrollment a Condition of Approval limiting the total number of instructors and students has been added. Any additional instructors or students would require an amendment to the approved Conditional Use Permit. In addition due to the lack of signage proposed at this time a Condition of Approval requiring any proposed sign to obtain the necessary permits has been added. This Condition would mitigate any potential future issues regarding signs. Because the proposed project as identified satisfies the applicable provisions of Title 9 Land Use Code and any future impacts have been mitigated through Conditions of Approval this finding is found to be satisfied. 3. As proposed, the conditional use is consistent with the Circulation Element of the General Plan. This determination is based on the limited on site access from patrons and no proposed additional square footage. Therefore the circulation system that serves the subject site has been determined to not 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 a small scale recreational facility 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 PC Resolution 09-02-10-01 3 February 10 2009 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. The proposed site is located within the Commercial Manufacturing. zone. In the Commercial Manufacturing zone district, Recreational uses (not requiring outdoor facilities) are permitted as a Conditional Use. Furthermore, the existing building either meets or exceeds the Development Standards of the Commercial Manufacturing district. The proposed recreational use would not generate a significant amount of traffic as to adversely affect existing uses in the area. 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 Commercial Manufacturing zone. 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 Attachment 1, 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, February 25, 2009. 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 February 10, 2011, 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 in accordance with Condition No. 1 of the attached Conditions of Approval (Attachment 1). PASSED, APPROVED AND ADOPTED this 10th day of February, 2009, by the following vote, to wit: AYES: Chair Cohen, Vice Chair Ratcliffe, Commissioners Kerr, Cardoza, and Neely NOES: ABSTAIN: ABSENT: Sheldon Cohen, Chair - AAIUA- Grant Taylor PC Resolution 09-02-10-01 4 February 10, 2009 Assistant Community Development Director RESOLUTION #: 09-02-10-01 CONDITIONS OF APPROVAL Project #: CUP 08-010 Project Name: Baseball Performance Academy APPROVAL DATE: February 10, 2009 EFFECTIVE DATE: February 25, 2009 EXPIRATION DATE: February 10, 2011 These conditions of approval apply to Conditional Use Permit # 08-010 to establish the right to operate an 8,285 square foot athletic training facility (not requiring outdoor facilities) within an 11,000 sf. existing building located in the Commercial Manufacturing zone district. No exterior modifications or site improvements are proposed as a part of this project. The proposed site is located at 32771 # B Calle Perfecto, and more specifically referred to as APN: 668-501-01. 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 # 08-010 is granted to establish and operate an 8,285 square foot athletic training facility (not requiring outdoor facilities) within an 10,900 sf. existing building located in the Commercial Manufacturing zone district. No exterior modifications or site improvements are proposed as a part of this project. The proposed site is located at 32771 # B Calle Perfecto, and more specifically referred to as APN: 668-501-01. Approval is granted based on the application materials submitted by Phillip Schwartze, representative of the Baseball Performance Academy on November 17, 2008. 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 February 25, 2011 (24) months Planning Commission Resolution 09-02-10-01. Final Conditions of Approval CUP 08-010, Performance Baseball Academy February 10, 2009 Page 2 of 5 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 date of this approval, except as otherwise approved by the Community Development Director. 2. 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. 3. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 4. The Applicant must satisfy all requirements of the Orange County Fire Authority, per the OCFA letter dated October 28, 2008. (OCFA) 5. 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. 6. 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. 7. 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 09-02-10-01 Final Conditions of Approval CUP 08-010, Performance Baseball Academy February 10, 2009 Page 3 of 5 8. 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. 9. 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. 10. 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. 11. 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) 12. The maximum class size during operation shall not exceed 25 students at any one time. Any increase in size shall require an amendment to the approved Conditional Use Permit. (PLN) 13. The maximum number of instructors shall not exceed 8 at any one time. Any increase in size shall require an amendment to the approved Conditional Use Permit. (PLN) 14. The applicant shall secure a separate Sign Permit and related building permit. for any proposed signs. Any proposed sign would be required to meet the specified requirements of Title 9, Land Use Code. (PLN) 15. Prior to the issuance of a building permit, the applicant shall submit architectural plans for review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (7174) 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 completed prior to or in conjunction with the issuance of building permits: Planning Commission Resolution 09-02-10-01 Final Conditions 'of Approval CUP 08-010, Performance Baseball Academy February 10, 2009 Page 4 of 5 16. 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. 17. 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) 18. 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) 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: 19. 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) 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: February 10, 2009 Resolution No.: 09-02-10-01 Effective Date: February 25, 2009 Planning Commission Resolution 09-02-10-01 CUP 08-010, Performance Baseball Academy Applicant eptance of Co_nditi f Appro By: Applicant Name Title Final Conditions of Approval February 10, 2009 Page 5 of 5 Date