PC Resolution-09-07-14-02PC RESOLUTION NO. 09-07-14-02
CONDITIONAL USE PERMIT (CUP) 09-002,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW VETERINARY
OFFICE/CLINIC, WITHIN A GENERAL COMMERCIAL ZONE DISTRICT LOCATED AT
31896 PLAZA DRIVE SUITES C-1 & C-2 (ASSESSORS PARCEL NUMBER 668-451-01)
Whereas, Capistrano Home Furnishings Center, LLC, owner of real property
described as Assessor's Parcel Numbers 668-451-01 located at 31896 Plaza Drive, San
Juan Capistrano; and,
Whereas, Greg Stoutenburgh, representative of Veterinary Medical and
Surgical Group, Orange County, LP, has requested approval of a, Conditional Use
Permit, to establish a Veterinary Offices/Clinics use (not requiring outdoor facilities)
consisting of a 9,413 square foot existing suite (not requiring outdoor facilities) within an
existing two story zoned building located at 31896 Plaza Drive suites C-1 & C-2, which
is General Plan -designated General Commercial, and classified as General
Commercial (GC) 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 for the California
Environmental Quality Act; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on July 14, 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 use is to be operated twenty
four hours a day. Due to the remote location of the facility and lack of residential areas
within proximity the proposed twenty four hour day does not negatively detract from the
surrounding land uses. However due to the simultaneous hours of operation, staff
determines that adequate parking must be provided in order to eliminate parking impacts
on adjacent businesses. The proposed facility would require 38 parking spaces and the
adjacent uses on the subject lot requires 154 parking spaces, for a total of 192 parking
PC Resolution 09-07-14-02 2 July 14. 2009
spaces, the subject property contains 174 parking spaces, thus creating a deficit of 18
parking spaces. Due to the center not utilizing all the parking established by the 2007
parking study and access to the additional adjacent and contiguous commercial
developments the potential impacts are adequately mitigated. 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; and,
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.
The Muncipal Code requires for Veterniary offices and clinics that one parking space per
250 gross sf. be provided. Based upon the leased area of 9,413 s.f. the Municipal Code
provisions translate to a requirement of 38 parking spaces. The Center currently has a
demand of a 168 parking spaces, this combined with the proposed use creates a parking
requirement of 192 parking spaces. The Center currently has 174 parking spaces provided.
Based upon the demand and the spaces provided an 18 space deficit exists, however this is
mitigated by a reciprocal parking agreement providing access to the two adjacent
commercial developments, and a parking study performed in 2007 establishing the under
utilization of the Center's current parking. Therefore no impacts are identified and the
proposed use complies with the Municipal Code parking requirements.
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; and,
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 veterinary office 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; and,
4. The proposed site is located within the General Commercial zone district. In the General
Commercial zone district, Veterinary offices and clinics are permitted as a Conditional
PC Resolution 09-07-14-02 3 July 14, 2009
Use. Furthermore, the existing building either meets or exceeds the Development
Standards of the General Commercial district. The proposed veterinary 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 General Commercial zone; and,
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, July 29,
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 July 14, 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 14th day of July, 2009, by the
following vote, to wit:
AYES: Chairman Cohen, Vice Chairwoman Ratcliffe, Commissioners
,Mocalis, Williams, and Kerr.
NOES:
ABSTAIN:
ABSENT: Commissioners Tatarian and Neely
Sheldon Cohen, Chair
Grant Taylor r
Assistant Community Development Director
RESOLUTION #: 09-07-14-01
CONDITIONS OF APPROVAL
Project #: CUP 09-002
Project Name: Veterinary Medical and Surgical Group, Orange
County
APPROVAL DATE:
July 14, 2009
EFFECTIVE DATE:
July 29, 2009
EXPIRATION DATE:
July 14, 2011
These conditions of approval apply to Conditional Use Permit # 09-002 to establish the
right to operate a 9,413 sf. veterinary office (not requiring outdoor facilities) within an
existing building located in the General Commercial (GC) zone district. No exterior
modifications or site improvements are proposed as a part of this project. The proposed
site is located at 31896 Plaza Drive, and more specifically referred to as APN: 668-451-
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 # 09-002 to establish the right to operate a 9,413
sf. veterinary office (not requiring outdoor facilities) within an existing
building located in the General Commercial (GC) zone district. No exterior
modifications or site improvements are proposed as a part of this project.
The proposed site is located at 31896 Plaza Drive, and more specifically
referred to as APN: 668-451-01. Approval is granted based on the
application materials submitted by Greg Stoutenburgh, representative of
the Veterinary Medical and Surgical Group, Orange County on May 6,
2009, 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 July 14, 2011 (24)
months after the effective date of the approval unless the use or
Planning Commission Resolution 09-07-14-01 Final Conditions of Approval
CUP 09-002, VSMG July 14, 2009
Page 2 of 4
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. (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 09-07-14-01 Final Conditions of Approval
CUP 09-002, VSMG July 14, 2009
Page 3 of 4
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 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)
13. 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)
14. All signs shall be limited in size to the parameters as specified in the
Municipal Code with regards to signs in the General Commercial zone
district. All design parameters of the sign shall conform to the existing sign
program for the Capistrano Business Park.
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
15. 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)
Planning Commission Resolution 09-07-14-01 Final Conditions of Approval
CUP 09-002, VSMG July 14, 2009
Page 4 of 4
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.
16. 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)
17. 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:
18. 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: July 14, 2009
Resolution No
Effective Date:
09-07-14-01
July 29, 2009
Applicant Acceptance of Conditions of Approval:
Title
E06--7
Date