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