Loading...
PC Resolution-08-11-25-03PC RESOLUTION NO, 08-11-25-03 CONDITIONAL USE PERMIT CUP 08-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW REDLINE ATHLETICS TO ESTABLISH A RECREATIONAL USE FACILITY (NOT REQUIRING OUTDOOR FACILITIES), WITHIN A COMMERCIAL MANUFACTURING ZONE DISTRICT LOCATED AT 32405 CALLE PERFECTO (ASSESSORS PARCEL NUMBER 668-501-08) Whereas, Lyndsey Simmons, has requested approval of a Conditional Use Permit, to establish a recreational use (not requiring outdoor facilities) consisting of 3,900 square feet of retail within an existing 10,900 square foot two story zoned building located at 32405 Calle Perfecto, which is General Plan -designated Quasi Industrial, and classified as Commercial Manufacturing (CM) on the Official Zoning Map; and, Whereas, The Calle Perfecto Business Park, owner of real property described as Assessor's Parcel Number 668-501-08 located at 32405 Calle Perfecto, 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 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 November 25, 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 Conditional Use Permit 08-009: 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 non polluting 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 un -developed land is proposed to be developed as part of this PC Resolution 08-11-25-03 2 November 25, 2008 project. Because of 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 resolved that the proposed use is consistent with the General Plan. 2. 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 facility would not generate a significant amount of traffic as to adversely affect existing uses in the area. Because 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. 3. The proposed use does comply with the provisions of Title 9, Land Use Code; this determination is based upon the following analysis. The proposed use features 3,900 square feet of recreational use (not including outdoor facilities). The adjacent suites in the existing building occupy an additional 7,000 square feet. Sec. 9-3.535. Parking, establishes that one parking space is required for every 1,000 square feet of Industrial parks containing a number of industrial, manufacturing, warehouse facilities or related facilities and that for every 150 square feet of gross floor area of athletic club one parking space is required. With these parking requirements applied, adjacent uses require 21 parking spaces and Redline Athletics would require 26 spaces. With 57 spaces available for the building, there would be a surplus of 10 spaces. Based on the number of spaces available, a maximum class size of 15 students will be established as a condition of approval. Due to the number of parking spaces provided, the site is required to have three ADA compliant parking spaces. The applicant has delineated 57 parking spaces, including the existing ADA compliant space currently provided on site. As a condition of approval, staff has required that, within 120 days of approval, the applicant shall bring the parking lot into compliance with ADA standards and provide a total of 3 ADA spaces. The proposed parking as identified will exceed the minimum required and either existing or through Conditions of Approval will meet the necessary design standards. Because the proposed use meets the parking standards as identified in the Municipal . Code, the proposed facility meets the applicable provisions of Title 9 of the Municipal 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 fling of an appeal application. The appeal period shall expire at 5:30 p.m., Wednesday, December 10, 2008. This project approval shall be valid for a period of twenty-four (24) months from PC Resolution 08-11-25-03 3 November 25, 2008 the date of approval of this resolution, and shall expire on November 25, 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 25t�' day of November, 2008, by the following vote, to wit: AYES: Chairman Cohen, Commissioners Ratcliffe and Cardoza NOES: ABSTAIN: ABSENT: Commissioners Neely and Kerr Sheldon Cohen, Chairman Grant Taylor Assistant Community Development Director RESOLUTION #: 08-11-25-03 CONDITIONS OF APPROVAL Project #: CUP 08-009 Project Name: Redline Athletics APPROVAL DATE: November 25, 2008 EFFECTIVE DATE: December 10, 2008 EXPIRATION DATE: September 25, 2009 These conditions of approval apply to Conditional Use Permit # 08-009 to establish and operate a 3,900 square foot recreational use (not requiring outdoor facilities), an athletic training facility within an existing 10,900 square foot building at 32405 Calle Perfecto, more specifically referred to as APN: 668-501-08. 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 # 08-009 is granted to establish and operate a 3,900 square foot recreational use (not requiring outdoor facilities) within an existing 10,080 square foot building at 32405 Calle Perfecto, more specifically referred to as APN: 668-501-08. Approval is granted based on the application materials submitted by Lyndsey Simmons on September 29, 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 November 25, 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 Community Development Department, along with the required deposit or fee, at least ninety (90) days prior to the expiration Planning Commission Resolution 08-11-25-03 Final Conditions of Approval CUP 08-009, Redline Athletics November 25, 2008 Page 2 of 4 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. 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 plants that are approved for any subsequent phase, the conditions and/or pians as stipulated in the later approval shall prevail. Planning Commission Resolution 08-11-25-03 Final Conditions of Approval CUP 08-009, Redline Athletics November 25, 2008 Page 3 of 4 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 15 students. The number of students and staff members on-site at any given time shall not exceed the total number of parking spaces required for the use and total number of surplus spaces (34 spaces after ADA improvements have been made, as referenced in Condition #15 below). 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 08-11-25-03 Final Conditions of Approval CUP 08-009, Redline Athletics November 25, 2008 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. ADA Compliance. The applicant shall coordinate with the Building official regarding parking lot ADA compliance. The applicant shall submit plans pursuant to the direction given by the Building Official. If this condition is not satisfied in a timely fashion, the Conditional Use Permit shall become null and void, subject to the Community Development Department's discretion. (PI -N) 17. 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: November 25, 2008 Resolution No.: 08-11-25-03 Effective Date: December 10, 2008 Applicant Acceptance of Conditions of Approval: t.y rQds4fSin m_ n_ Date