PC Resolution-08-07-22-01PC RESOLUTION NO. 08-07-22-01
REZONE (RZ) 08-004
CONDITIONAL USE PERMIT (CUP) 08-001,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A ZONE CHANGE WHICH CONSISTS OF A TEXTUAL
AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN 78-01, TO PERMIT
SCHOOLS (BUSINESS, VOCATIONAL, AND PROFESSIONAL SCHOOLS OT
REQUIRING OUTDOOR FACILITIES) (INCLUDING; SECRETARIAL, ART, DANCE,
DRAMA, AND MUSIC SCHOOLS) (EXCLUDING; SWIMMING SCHOOLS,
PRESCHOOLS, AND PUBLIC AND PRIVATE PRIMARY AND SECONDARY SCHOOLS.)
AS A CONDITIONAL USE WITHIN COMPREHENSIVE DEVELOPMENT PLAN (CDP) 78-
01 PLANNING SUBSECTOR B AND A CONDITIONAL USE PERMIT TO ALLOW
SOUTHERN CALIFORNIA COLLEGE OF INTEGRATIVE HEALING TO ESTABLISH A
VOCATIONAL SCHOOL, WITHIN COMPREHENSIVE DEVELOPMENT PLAN (CDP) 78-
01 PLANNING SUBSECTOR B LOCATED AT 27134 A PASEO ESPADA (ASSESSORS
PARCEL NUMBER 666-131-12)
Whereas, Cathy Salazar, has requested approval of a Zone Change to
Comprehensive Development Plan (CDP) 78-01 Planning Subsector B to permit
Schools (business, vocational, and professional schools not requiring outdoor facilities)
(including; secretarial, art, dance, drama, and music schools) (excluding; swimming
schools, preschools, and public and private primary and secondary schools.) as a
Conditional Use AND A Conditional Use Permit, to establish a vocational school with a
maximum student enrollment of six students within a 1,650 sf. tenant suite at 26381 Via
De Anza which is General Plan -designated Industrial Park, and classified as
Comprehensive Development Plan 78-01 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 5 "Minor Alterations in Land Use Limitations" Class 1
"minor interior and exterior 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 22, 2008 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
Rezone 08-004 and Conditional Use Permit 08-01:
PC Resolution 08-07-22-01 2 Julv 22, 2008
The current General Plan designation is that of "4.0 Industrial Park, within this
district "research and development, light manufacturing and processing, offices,
warehousing and storage, high technology production, and related uses. Other uses
that are determined to be compatible with primary uses may also be allowed."
During the May 27, 2008 Planning Commission, it was determined that the
proposed use is consistent and compatible with the primary uses in the district. This
was contingent on specific types exclusively allowed. Schools (business, vocational,
and professional schools not requiring outdoor facilities) (including; secretarial, art,
dance, drama, and music schools) (excluding; swimming schools, preschools, and
public and private primary and secondary schools.) as a Conditional Use was
determined to be a compatible use to the permitted uses by the Planning
Commission. Through the requirement of a Conditional Use Permit each individual
application can be reviewed and approved based upon the individual merits of the
proposed use. The proposed use is going to be located within an existing
development which has various industrial/commercial developments within it. The
proposed use has not been identified as incurring significant traffic generation and
is generally consistent with the policies of the Circulation Element of the General
Plan. Because the proposed use has been determined to be compatible with
primary uses and is not generating significant it is found to be consistent with the
General Plan.
2. The proposed action is for a textual amendment to a Comprehensive, Development
Plan. No new development is associated with the proposed action. The proposed
use is consistent with existing and permitted land uses and is suitable to the
property's unique situation including and natural and man made constraints.
Because the project is not generating new development and the proposed land use
being consistent with pervious approvals it is found to be suitable with the property's
unique situation including natural and man made constraints.
3. The proposed zone change consists of a textual amendment to the Comprehensive
Development Plan. The textual amendment is to allow Schools (business,
vocational, and professional schools requiring outdoor facilities) (including;
secretarial, art, dance, drama, and music schools) (excluding; swimming schools,
preschools, and public and private primary and secondary schools.) as a
Conditional Use within Comprehensive Development Plan (CDP) 78-01Planning
Subsector B. The adjacent land uses and zoning classifications of properties are
within the same comprehensive development plan and parcels located within the -
General Commercial zone districts. The properties to the east of the proposed
change are subsectors B-2, A-2 and D. Subsector A-2 allows for schools of the
same capacity as the proposed land use in subsector B. Subsector D allows for
schools. for all types with a conditional use permit, and currently has a private
primary and secondary school. Subsector B-2 is currently generally consistent with
subsector B, and allows for any use permitted by or conditionally permitted. in
subsectors B and B-1. The general commercial zone to north permits schools
(business vocational, and professional schools not requiring outdoor facilities) by
PC Resolution 08-07-22-01 3 July 22, 2008
right and excludes swimming schools, primary and secondary public or private
schools. Because the adjacent and adjoining properties allow for similar uses the
proposed use is found to be consistent with the adjacent land uses.
4. Proposed use is located within "4.0 Industrial Park" land use designation within the
land use element; within this designation several specific uses are identified. The
use of a vocational school is not identified as a primary use. As previously
discussed the General Plan allows for uses compatible to primary uses maybe
allowed. The proposed use was determined to be compatible with primary uses by
the Planning Commission on May 22, 2008. The proposed use is to occupy a 1,650
sf. existing tenant suite no new construction other than internal tenant
improvements would occur. Because, the use has been determined to compatible
with primary uses and the proposed project is to occupy an existing space it is found
to be consistent with the General Plan.
5. With the augmentation of Comprehensive Development Plan 78-01 Planning
Subsector B to allow the proposed use as a Conditional Use; the proposed use
would be consistent with the zone district in which the use will be located.
6. The adjacent land uses and zoning classifications of properties are within the same
comprehensive development plan and parcels located within the General
Commercial zone districts. The properties to the east of the proposed change are
subsectors B-2, A-2 and D. Subsector A-2 allows for schools of the same capacity
as the proposed land use in subsector B. Subsector D allows for schools for all
types with a -conditional use permit, and currently has a private primary and
secondary school. Subsector B-2 is currently generally consistent with subsector B,
and allows for any use permitted by or conditionally permitted in subsectors B and
B-1. The general commercial zone to the north permits schools (business
vocational, and professional schools not requiring outdoor facilities) by right and
excludes swimming schools, primary and secondary public or private schools. The
applicant has detailed that the proposed school related use would be in operation in
the evening hours from approximately 5:00pm to 9:00pm with administrative offices.
being open from 9:00 am to 5:00 pm. The peak impacts associated with the use
would be the hours in which educational uses were being conducted, which are off
peak from the typical uses in the center. Because the adjacent and adjoining
properties allow for similar uses and the peak impacts associated with the use are
at times of off peak impacts. associated with adjacent uses, the proposed use is
found to be consistent with the adjacent land uses. - - -
7. The proposed use is to be located within a 1,650 sf existing tenant suite, the
proposed use would not result in any measurable impacts which would require
compliance with Title 9, Land Use Code. The only area which would necessitate
compliance would be the parking section of Title 9. Municipal Code section 9-3.535
Parking establishes that for Business, Professional or Trade schools 1.0 off-street
parking space per faculty, staff member or employee; and 1.0 off-street parking
space per each 3 students. The applicant has identified that there are three faculty
PC Resolution 08-07-22-01 4 July 22, 2008
members including herself, and there is a maximum of six students enrolled at any
given time. This then translates to a minimum parking requirement of 5 parking
spaces during peak traffic generation. The proposed vocational school other than
the administrative offices would operate from 5:00pm-9:00pm Monday through
Friday. The applicant has secured an exclusive use agreement for access to five
parking spaces directly adjacent to the tenant suite. Because the proposed' use
establishes exclusive use to parking for the proposed use during hours peak impact
and there are no other impacts associated with the proposed project it is found to
comply with all applicable provisions of Title 9, Land Use Code.
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 6,
2008. 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 22, 2010, 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 22nd day of July, 2008, by the
following vote, to wit:
AYES: Chairman Cohen, Vice chairwoman Ratcliffe, Commissioners
Kerr and Cardoza
NOES:
ABSTAIN:
ABSENT: Commissioner Neely
Sheldon Cohen, Chairman
Grant Taylor, As sl Planning Director
RESOLUTION #: 08-07-22-01
CONDITIONS OF APPROVAL
Project #: RZ 08-004 and CUP 08-001
Project Name: SOUTHERN CALIFORNIA COLLEGE OF INTEGRATIVE
HEALING
APPROVAL DATE:
July 22, 2008
EFFECTIVE DATE:
August 6, 2008
EXPIRATION DATE:
July 22, 2010
These conditions of approval apply to Conditional Use Permit (CUP) 08-001 and Rezone (RZ)
08-004; to add Schools (business, vocational, and professional schools requiring not outdoor
facilities) (including; secretarial, art, dance, drama, and music schools) (excluding; swimming
schools, preschools, and public and private primary and secondary schools.) as a Conditional
Use within Comprehensive Development Plan (CDP) 78-01 Planning Subsector B. and to allow
a vocational school with a maximum student enrollment of six within an existing 1,650 sf. tenant
suite. The project is located at 27134 A Paseo Espada, generally located approximately 400
feet south of Ortega Highway. (APN 666-131-12). Any proposed change of use or expansion of
the area or modifications to the site plan or structures shall be submitted to the City Planning
Department along with the required application and 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 (CUP) 08-001 and Rezone (RZ) 08-004 is granted to
permit Schools (business, vocational, and professional schools requiring outdoor
facilities) (including; secretarial, art, dance, drama, and music schools)
(excluding; swimming schools, preschools, and public and private primary and
secondary schools.) as a Conditional Use within Comprehensive Development
Plan (CDP) 78-01 Planning Subsector B. and to allow a vocational school within
an existing 1,650 sf. tenant suite. Approval is granted based on the application
materials submitted by Cathy Salazar, on April 9, 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
Planning 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 Planning Director upon submittal of
an application and the required 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 22, 2010 (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 Planning
Department, along with the required fee, at least ninety (90) days prior to the
Planning Commission Resolution 08-07-22-01 Final Conditions of Approval
CUP 08-001 and RZ 08-004, Southern California July 22, 2008
College of Integrative Healing Page 2 of 3
expiration date of this approval, except as otherwise approved by the Planning
Director.
2. _ Approval of this application does not relieve the applicant from complying with
other applicable Federal, State, County or City regulations or requirements.
3 _ 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.
4. _ 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.
5. _ 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.
6. _ 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.
7. _ 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.
8. _ 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.
9. _ 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
Planning Commission Resolution 08-07-22-01
CUP 08-001 and RZ 08-004, Southern California
College, of Integrative Healing
Final Conditions of Approval
July 22, 2008
Page 3 of 3
permits, final inspections, utility releases and/or release of securities, as specified
in these conditions. (B&S)
10. _ The approved Conditional Use Permit is exclusively for the 1,650 sf tenant space
as identified by the applicant. Any expansion or relocation will require the
approved Conditional Use Permit to be modified. Modification will be processed
and approved by the City of San Juan Capistrano's Planning Department.
11. _ The approved Conditional Use Permit is exclusively for the purposes of
establishing a vocational school with the emphasis on Massage Therapy training.
No onsite massage therapy licensing is approved under the establishment of this
Conditional Use Permit.
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 22, 2008
Resolution No.: 08-07-22-02
Effective Date: August 6, 2008
Applicant Acceptance of Conditions of Approval:
By:
Cathy Salazar Date