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