PC Resolution-06-01-24-01PC RESOLUTION NO. 06-01-24-01
CONDITIONAL USE PERMIT 05-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DAY SPA
WITH NAIL SALON, MASSAGE AND TANNING SERVICES AT 31781 CAMINO
CAPISTRANO (ASSESSORS PARCEL NUMBER 121-150-27; ORGA SPA)
Whereas, Anthony Nguyen has requested approval of a conditional use
permit pursuant to Section 9-3.303(b) of Title 9, Land Use Code to allow a day spa with nail
salon, massage and tanning services in the Tourist Commercial (TC) Zone District.
Specifically, the applicant proposes to lease 3,672 square feet of existing tenant space in
Franciscan Plaza located in Suites 101-104 at 31781 Camino Capistrano; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.317, Conditional use permit of the Land Use Code; and,
Whereas, it has been determined that the project qualifies as a Class 1 Categorical
Exemption under Section 15301 of the California Environmental Quality Act (CEQA)
Guidelines; and,
Whereas, the Planning Commission conducted a duly -noticed public
meeting on January 24, 2006 pursuant to the provisions of Title 9, Land Use Code, Section
9-2.339, Public Meeting Procedures, Administrative Policy 409, and Planning Department
Policy 510 to consider public testimony on the proposed project and has considered all
relevant public comment.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission finds:
The proposed day spa use, including the massage and salon services, is consistent
with the General Plan Land Use Element which designate the project site as "3.1,
General Commercial." The state purpose of the land use designation being to
"provide for a variety of retail, office and service-oriented business activities which
would serve the community as well as the broader market", and,
2. The proposed day spa, including the ancillary uses of massage, nail salon and
tanning services, is consistent with the purpose and intent of the Tourist
Commercial (TC) Zone District which is "...to provide for small-scale retail and
service uses within the area immediately adjacent to the Mission San Juan
Capistrano which would serve tourists as well as residents.'; and,
3. The proposed day spa as well as massage and other ancillary uses are compatible
with existing, surrounding land uses which provide various retail goods and personal
services to residents and tourists.
PC Resolution 06-01-24-01 2 January 24, 2006
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Conditional Use Permit
(CUP) 05-10, 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 final and effective following expiration of the fifteen (15) day appeal period without
filing of an appeal, and the appeal period shall expire at 5:00 p.m., Wednesday, February
8, 2006. This project approval shall be valid for a period of one year from the date of
approval of this resolution, and shall expire on January 24, 2007, unless a time extension,
building permit, or grading permit application related to this discretionary approval is
submitted to the City on or prior to that date.
PASSED, APPROVED AND ADOPTED this 24th day of January, 2006, by
the -following vote, to wit:
AYES: Commissioners Drey and Ratcliffe, Vice Chairman Cardoza and
Chairman Neely
NOES: None
ABSTAIN: None
ABSENT: Commissioner Cohen
Ti Ne ly, air
Molly h, Fkbnning Director, Secretary
Resolution # 06-01-24-01 Final Conditions of Approval
Project # CUP 05-10, Orga Spa Date: January 24, 2006
Page 1 of 6
RESOLUTION M 06-01-24-01
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project #: CUP 05-01 Project Name: Orga Spa
APPROVAL DATE: January 24, 2006
EFFECTIVE DATE: February 8, 2006
EXPIRATION DATE: January 24, 2007
These conditions of approval apply to Conditional Use Permit # CUP 05-10 to establish
a 3,672 squdre foot day spa with massage, nail salon and tanning services zoned "TC"
(Tourist Commercial), and located in Suites 101-104 at 31781 Camino Capistrano. Any
proposed change of use or expansion of the area or modifications to the floor plans or
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:
CUP 05-10 is granted to construct and/or operate a day spa with
accessory massage, nail salon and tanning services located in Suites
101-104 at 31781 Camino Capistrano (APN: 121-150-27). This approval is
granted based on the application materials submitted by Anthony Nguyen
on November 23, 2005, prepared by Seth Sor on November 22, 2005.
These plans and the Business Plan Summary 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 twelve (12) months after the 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
*Denotes Environmental Mitigation Measure
Resolution # 06-01-24-01
Project # CUP 05-10, Orga Spa
Final Conditions of Approval
Date: January 24, 2006
Page 2 of 6
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. Sign approval for the project is a separate process requiring the issuance
of a sign permit and building permits, and is subject to review, and
approval by the Planning Department and Building and Safety
Department.
7. 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.
*Denotes Environmental Mitigation Measure
Resolution # 06-01-24-01
Project # CUP 05-10, Orga Spa
Final Conditions of Approval
Date: January 24, 2006
Page 3 of 6
8. 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.
9. 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.
10. 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)
11. Prior to issuance of final certificate of use and occupancy, the owner of the
property shall install to the approval of the City Planning Director the
replacement specimen tree in the courtyard area, and the Historic
Depiction Program. (PLN)
12. All massage therapy shall be limited to the areas designated on the floor
plans as approved by the Planning Commission.
13. The hours of operation for the proposed massage therapy shall be limited
to 9:00 am to 7:00 pm Monday through Saturday, and 10:00 am to 5:00
pm on Sundays.
14. The accessory massage therapy use shall be operated in accordance with
Section 5-24.03, including those provisions for technician and therapist
training, certification and licensing; display of City business license,
educational and training certificates of all massage technicians and
therapists employed at the location; and maintenance of information on
the types of massage treatments available.
15. The applicant shall allow the Business License Administrator or
designated City staff to inspect the business premises at any time for
compliance with the provisions of Title 5, Chapter 24, Regulation of
Massage Therapy, or Title 9, Land Use Code. Failure of the business
owner or his/her employees to allow inspection by City staff shall be
grounds for revocation of the business license and may be grounds for the
revocation of this Conditional Use Permit.
*Denotes Environmental Mitigation Measure
Resolution # 06-01-24-01
Project # CUP 05-10, Orga Spa
Final Conditions of Approval
Date: January 24, 2006
Page 4 of 6
16. 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)
a. Building Construction Plans. Prior to issuance of building
permits, the applicant shall submit final construction plans, building
elevations and floor plans to the Building and Safety Department for
review and approval by all applicable departments. Such plans shall be
fully dimensioned and in substantial conformance with those plans
17. OCFA Review of Architectural Building Plans. Prior to the issuance of a
building permit, the applicant shall submit architectural plans for the review
and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the OCFA at (714)
573-6100 for a copy of the Site/Architectural Notes to be placed on the
plans prior to submittal. (OCFA)
18. Fire Alarm System. Prior to the issuance of a building permit, plans for the
fire alarm system shall be submitted to the Fire Chief for review and
approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA
website to obtain a copy of the "Guideline for New and Existing Fire Alarm
Systems." This system shall be operational prior to the issuance of a
certificate of use and occupancy. (OCFA)
19. Automatic Fire Sprinkler Systems. Prior to the issuance of a building
permit, the applicant shall submit plans for the required automatic fire
sprinkler system in all structures to the Fire Chief for review and approval.
Prior to the issuance of a certificate of use and occupancy, this system
shall be operational in a manner meeting the approval of the Fire Chief.
Please contact the OCFA at (714) 573-6100 to, request a copy of the
"Orange County Fire Authority Notes for New NFPA 13 Commercial
Sprinkler Systems." (OCFA)
20. Hazardous Materials. Prior to the issuance of a building permit, the
applicant shall submit to the Fire Chief a list of all hazardous, flammable
and combustible liquids, solids or gases to be stored, used or handled on
site. These materials shall be classified according to the Uniform Fire
Code and a document submitted to the Fire Chief with a summary sheet
listing the totals for storage and use for each hazard class. Please contact
the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of
the "Guidelines for Completing Chemical Classification Packets." (OCFA)
*Denotes Environmental Mitigation Measure
Resolution # 06-01-24-01 Final Conditions of Approval
Project # CUP 05-10, Orga Spa Date: January 24, 2006
Page 5 of 6
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.
21. 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)
22. 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:
23. Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and
release of performance securities, whichever occurs first, the applicant
shall complete, to the satisfaction of the City Engineer, all facility
improvements required and necessary to serve the development in
accordance with the approved plan and approved exceptions. (ENG)
24. 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)
25. Fire Extinguishers. Prior to final inspection by the orange County Fire
Authority (OCFA), fire extinguishers shall be required in accordance with
the Uniform Fire Code. The applicant shall contact the Fire Department for
the requirements pertaining to the number, type, and placement of fire
extinguishers. All fire extinguishers shall have current California Fire
Marshal service tags. (OCFA)
The following ongoing conditions shall be complied with at all times after
completion of the project.
26. Business License. The applicant,, tenants, or successors in interest shall
comply with the City's business. license requirements. (PLN)
*Denotes Environmental Mitigation Measure
Resolution # 06-01-24-01
Project # CUP 05-10, Orga Spa
Final Conditions of Approval
Date: January 24, 2006
Page 6 of 6
27. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
28. Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code. (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: January 24, 2006
Resolution No.: 06-01-24-01
Effective Date: February 8, 2006
Applicant Acceptance of Conditions of
By:
Applicant Name
Its: 0 VJ o
Title
`Denotes Environmental Mitigation Measure
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Date