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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