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PC Resolution-09-07-28-04PC RESOLUTION NO. 09-07-28-04 CONDITIONAL USE PERMIT (CUP) 09-001, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW ORTEGA THERAPY DAY SPA TO EXPAND AN EXISTING LEGAL NON -CONFORMING MASSAGE THERAPY ESTABLISHMENT TO A TOTAL OF 2,584 SQUARE FEET WITH 9 MASSAGE ROOMS AND A "WET TREATMENT" ROOM, WITHIN PLANNED COMMUNITY (PC CDP 78-1 SECTOR A-2 SUBSECTION 3). LOCATED AT 31734 RANCHO VIEJO ROAD, SUITES E & F (ASSESSORS PARCEL NUMBER 666-261-04) Whereas, Charlie Abujudeh, has requested approval of a Conditional Use Permit, to expand an existing massage therapy establishment totaling 2,584 square feet within an existing building at 31734 Rancho Viejo Road, Suites E & F, 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 Community Development 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 28, 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 09-001: 1. No existing adverse impacts are generated by the business, either as legal non- conforming or after it had been expanded without approvals. The massage therapy use is consistent with the Commercial zoning districts. There is also a massage therapy vocational school (approved per PC resolution 08-07-22-01) located within the same center. 2. The proposed use does comply with the provisions of Title 9, Land Use Code. The applicant submitted copies of a shared parking agreement, as well as a current tenant PC Resolution 09-07-28-04 2 July 28, 2009 list. Staff conducted a parking analysis based on the documentation submitted by the applicant. Staff determined that with the increased demand created by an expansion of Ortega Therapy Day Spa a parking surplus of 60 spaces still exists 3. As proposed, the conditional use is consistent with the Circulation Element of the General Plan. This determination is based on no proposed additional square footage to the existing building. 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 compatiblywith 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. 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, August 12, 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 28, 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). PC Resolution 09-07-28-04 3 Julv 28, 2009 PASSED, APPROVED AND ADOPTED this 28th day of July, 2009, by the following vote, to wit: AYES: Chair Cohen, Vice -Chair Ratcliffe, Commissioners Neely, Mocalis, Kerr, and Williams NOES: ABSTAIN: ABSENT: Commissioner Tatarian �j �_ "------ Sheldon Cohen, Chairman 'A� ��k Grant Taylor Assistant Community Development Director RESOLUTION #: 09-07-28-04 CONDITIONS OF APPROVAL Project #: CUP 09-001 Project Name: Ortega Therapy Day Spa APPROVAL DATE: July 28, 2009 EFFECTIVE DATE: August 12, 2009 EXPIRATION DATE: July 28, 2011 These conditions of approval apply to Conditional Use Permit # 08-009 a request for approval to expand the existing legal non -conforming massage establishment in the Planned Community (PC CDP 78-1, Sector A-2, Subsection 3). No exterior modifications or site improvements are proposed as a part of this project. The site is located at 31734 Rancho Viejo Road, Suites E & F, and more specifically referred to as APN: 666-261-04. Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted to the City 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 # 09-001 is granted to establish and operate a 2,584 square foot massage therapy establishment within an existing building located at 31734 Rancho Viejo Road, Suites E A F, more specifically referred to as APN: 666-261-04. Approval is granted based on the application materials submitted by Charlie Abujudeh on January 23, 2009. 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 28, 2011 (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 Community Development Department, along with the Planning Commission Resolution 09-07-28-04 Final Conditions of Approval CUP 09-001, Ortega Therapy Day Spa July 28, 2009 Page 2 of 4 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. The massage therapy establishment shall be in conformance with Title 5, Chapter 24 of the San Juan Capistrano Municipal Code. The applicant shall submit all the required information to the City's Business Licensing Services for review. 3. 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. 4. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 5. The Applicant must satisfy all requirements of the Orange County Fire Authority (OCFA). 6. 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. 7. 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. 8. 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 09-07-28-04 Final Conditions of Approval CUP 09-001, Ortega Therapy Day Spa July 28, 2009 Page 3 of 4 9. 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. 10. 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. 11. 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. 12. 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: 13. 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. 14. 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) 15. 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) Planning Commission Resolution 09-07-28-04 Final Conditions of Approval CUP 09-009, Ortega Therapy Day Spa July 28, 2009 Page 4 of 4 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: 16. Final Planning Inspection. The applicant shall schedule a final inspection by the Community Development 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 28, 2009 Resolution No.: 09-07-28-04 Effective Date: August 12, 2009 Applicant Acceptance of Cond Charlie Abujudeh Date