PC Resolution-07-09-25-02PC RESOLUTION NO. 07-09-25-02
CONDITIONAL USE PERMIT (CUP) 07-009,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW REELTIME
SIGHT AND SOUND TO ESTABLISH A RETAIL FACILITY, A CUSTOM HOME
THEATER ESTABLISHMENT, WITHIN A COMMERCIAL MANUFACTURING ZONE
DISTRICT LOCATED AT 26381 VIA DE ANZA (ASSESSORS PARCEL NUMBER 668-
291-18)
Whereas, Marshall Myers, has requested approval of a Conditional Use Permit, to
establish a retail use consisting of 3,644 square feet of retail within an existing 13,780
square foot two story zoned building located at 26381 Via De Anza which is General
Plan -designated Quasi Industrial, and classified as Commercial Manufacturing (CM) 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 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 25, 2006 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 06-03:
1. 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 serve's 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
manufacturing facility that incorporates large single tenant distribution and sales 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 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.
PC Resolution 07-09-25-02 2 September 25, 2007
2. The proposed site is located within the Commercial Manufacturing zone. In the
Commercial Manufacturing zone district the use of retail sales of home furnishings
and appliances are permitted as a Conditional Use. Furthermore the existing
building either meets or exceeds the Development Standards of the Commercial
Manufacturing district. Consistency with the intent of the Commercial Manufacturing
zone was substantiated by the precedence of like uses already in existence in the
adjacent and surrounding area. The proposed retail facility would not generate a
significant amount of traffic as to adversely affect existing uses in the area. The
proposed use does not propose any signs or displays that would be visible from the
freeway. Because the proposed use meets the development standards, does not
adversely impact existing uses, nor provides for any signs or display which are
visible from the freeway, it is determined that the proposed use is consistent with
the intent and purpose of the Commercial Manufacturing zone.
3. The proposed retail operation is a custom home theater establishment. Therefore it
is not subject to the same retail characteristics of a traditional electronics retailer. As
a component of the operation is the manufacturing of finished products associated
with the retail sales of theater equipment. A more comparable operation would be a
custom cabinet manufacturer, as both uses have a manufacturing component and
limited onsite access. Because the use has a high level of customization/fabrication
and limited on site access from its clientele, the proposed use is compatible with
existing and surrounding land uses.
4. 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 3,644
square feet of retail, 3,658 square feet of manufacturing, and 6,478 of warehouse space.
Sec. 9-3.535. Parking, establishes that for every 500 square feet of furniture and home
appliance retail sales one parking space is required and that for every 500 square feet of
manufacturing one parking space is required. Both uses require the office component
(which has been included in the square footage detailed) be included in the parking
calculation. In addition the area exclusively used for storage or loading is excluded for
the purposes of calculating the required parking. The proposed retail operation is 3,644
square feet, which translates into a requirement of 7.288 parking spaces. The proposed
manufacturing operation is 3,658 square feet, which translates to 7.36 spaces. The
aggregate total for the required parking is 14.648 and as required by the Municipal Code
is rounded up for a total requirement of 15 spaces. In addition due to the number of
parking spaces provided, the site is required to have one ADA compliant parking space.
The applicant has delineated and staff has confirmed 23 parking spaces, including the
required the ADA compliant space; are currently provided on site. Six spaces currently
do not have the appropriate wheel stop or continuous curb stop in place. As a condition
of approval staff has required that prior to the issuance of a Certificate of Occupancythe
six substandard parking spaces are brought into compliance with the Municipal Code.
Staff has determined that the proposed parking as identified will exceed the minimum
required and either existing or through Conditions of Approval will meet the necessary
design standards. No new signs, lighting, or fencing are proposed as a part of this
Conditional Use Permit. Because the proposed use meets the parking standards as
PC Resolution 07-09-25-02 3 September 25, 2007
identified in the Municipal Code and no new signs, fencing, or lighting are proposed 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 filing of
an appeal application. The appeal period shall expire at 5:30 p.m., Wednesday, October
10, 2007. 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 September 25, 2009, 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 25th day of September, 2007, by
the following vote, to wit:
AYES: Chairman Cardoza, Commissioners; Cohen, Ratcliffe, Kerr and Neely
NOES:
ABSTAIN:
ABSENT: None
Robert Cafdoza, Chairman
Grant Taylor, As stant PI a ing Director
RESOLUTION #: 07-9-25-02
CONDITIONS OF APPROVAL
Project #: CUP 07-009
Project Name: Reeltime Sight and Sound
APPROVAL DATE:
September 25, 2007
EFFECTIVE DATE:
October 10, 2007
EXPIRATION DATE:
September 25, 2009
These conditions of approval apply to Conditional Use Permit # 07-009 to establish and
operate a 3,644 square retail operation, a custom home theater establishment within an
existing 13,780 square foot building at 26381 Via De Anza, generally located approximately
790 feet north of Avenida Aeropuerto, 315 feet west of Camino Capistrano, and 350 feet
east of Calle Perfecto and more commonly referred to as APN: 668-291-18. 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:
Conditional Use Permit # 07-009 is granted to establish and operate a
3,644 square retail facility within an existing 13,780 square foot building at
26381 Via De Anza, generally located approximately 790 feet north of
Avenida Aeropuerto, 315 feet west of Camino Capistrano, and 350 feet
east of Calle Perfecto and more commonly referred to as APN: 668-291-
18. Approval is granted based on the application materials submitted by
Marshall Myers, on August 6, 2007. 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 September 25, 2009 (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
Planning Commission Resolution 07-9-25-02 Final Conditions of Approval
CUP 07-009, Reeltime Sight and Sound September 25, 2007
Page 2 of 4
Department, along with the required fee, at least ninety (90) days prior to
the 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.
Planning Commission Resolution 07-9-25-02 Final Conditions of Approval
CUP 07-009, Reeltime Sight and Sound September 25, 2007
Page 3 of 4
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 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:
10. 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.
11. 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)
12. _ Construction hours. Construction hours shall be limited to 7:00 a.m. to
6.30:00 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.(PLN)
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:
13. _ Site improvements. Prior to the issuance of building permits the applicant
shall submit plans for an Architectural Review for the updating of the
onsite Trash Enclosure. Prior to the issuance of the Certificate of
Occupancy the Architectural Control Application needs to be approved by
the Planning Director and a building permit application needs to be applied
for. In addition, prior to the issuance of the Certificate of Occupancy the
Planning Commission Resolution 07-9-25-02 Final Conditions of Approval
CUP 07-009, Reeltime Sight and Sound September 25, 2007
Page 4 of 4
applicant will install necessary wheel stops in the six parking spaces which
are sub standard. (PLN)
14. 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
ENG =
PLN =
PW
OCFA =
Building and Safety
Engineering Department
Planning Department
Public Works Department
Orange County Fire Authority
Date of Approval: September 25, 2007
Resolution No.: 07-09-25-02
Effective Date: October 10, 2007
Applicant Acceptance of Conditions of Approval:
By:G
Marshall Myers
Date