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
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Sheldon Cohen, Chairman
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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