PC Resolution-06-07-25-01PC RESOLUTION NO. 06-07-25-1
CONDITIONAL USE PERMIT (CUP) 06-03,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW JUBILEE
CHURCH TO ESTABLISH IN AN INDUSTRIAL PARK BUILDING LOCATED AT 32951
CALLE PERFECTO (ASSESSORS PARCEL NUMBER 668-431-08)
Whereas, Jim Bellino, 32545-B Golden Lantern #199, Dana Point, CA 92629
has requested approval of a Conditional Use Permit, to establish a church use within a
10,978 square foot tenant suite portion of a 47,574 square foot single story Industrial Park
(IP) zoned building located at 32951 Calle Perfecto which is General Plan -designated
Industrial Park "IP", and classified as Industrial Park (IP) 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:
The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Circulation and Land Use Elements
because:
a. Based on the established hours of operation during non -peak times, the
circulation system to serve the subject use was determined not to negatively impact
the established performance criteria used for evaluating volumes and capacities on
the City street system; and,
b. Establishment of the subject use in the industrial park area provides for
general consistency in maintaining a balance of land uses throughout the city rather
than consolidation in a given area.
2. The proposed project complies with all applicable provisions of the Land Use Code
subject to conditions of approval contained in this resolution because the site is an
PC Resolution 06-07-25-1 2 July 25, 2006
existing developed industrial park site, and the establishment of the use on site
does not conflict with any provisions contained within Title 9, and subject to
approval of a CUP the church use is consistent with the intent of the Industrial Park
(IP) zone district.
3. The proposed Church use as conditioned, is compatible with existing, surrounding
land uses because conditions of approval will minimize or eliminate potential land
use impacts by requiring the operations of the Church use to be restricted to specific
hours of the day and to provide personnel to manage on-site parking; and,
4. The proposed use, as conditioned, complies with all applicable provisions of Title 9,
Land Use Code, including, but not limited to, parking and loading because:
a. The site is an existing tenant suite within a fully developed industrial park,
and no exterior modifications are proposed as part of this application; and
b. A parking agreement with the property owner conveys all 139 spaces to the
Church during the off hour worship services on Sunday, and conditions of
approval ensure that the management and number of parking spaces will be
sufficient for the use.
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, August 9,
2006. 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 July 25, 2008, 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).
PC Resolution 06-07-25-1 3 July 25, 2006
PASSED, APPROVED AND ADOPTED this 25th day of July, 2006, by the
following vote, to wit:
AYES: Chairman Cardoza, Commissioners Drey, Cohen, Ratcliffe, and Neely
NOES: None
ABSTAIN: None
ABSENT: None
Robert C doza, Chairman
William Cunningham, Coutract Planner, Acting
Secretary
RESOLUTION #: 06-07-25-1
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project #: CUP 06-03, Project Name: Jubilee Church
APPROVAL DATE:
July 25, 2006
EFFECTIVE DATE:
August 9, 2006
EXPIRATION DATE:
July 25, 2008
These conditions of approval apply to Conditional Use Permit 06-03 for approval to
establish a church within a 10,978 square foot tenant suite portion of a 47,574 square
foot single story Industrial Park (IP) zoned building located at 32951 Calle Perfecto
(APN: 668-431-08). Any proposed change of use or expansion of the area or
modifications to the site plan or structures shall be submitted to the City 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:
1. Conditional Use Permit 06-03 is granted to allow the establishment of a
church use within a 10,978 square foot tenant suite portion of a 47,574
square foot single story Industrial Park (IP) zoned building on an existing
1.4 acre parcel located at 32951 Calle Perfecto. I(APN: 668-431-08).
This approval is granted based on the application materials submitted by
Jim Bellino on May 30, 2006, prepared by Jacobson Associates, Terry
Jacobson, on May 30, 2006 including site plan, and floor plan. 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. Any proposal to expand the church use
beyond the area illustrated on the floor plan shall be subject to new
discretionary approval. 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 August 9,
2008, 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 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.
Resolution No. 06-07-25-1 Final Conditions of Approval
Project No. CUP 06-03, Date: July 25, 2006
Jubilee Church Page 2 of 6
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.
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, traffic safety or any public nuisances
arising or occurring incidental to the establishment or operation and shall
meet the requirements of these conditions of approval on a continuing
basis. Failure to meet these requirements may be grounds for revocation
of this Conditional Use Permit.
Resolution No. 06-07-25-1 Final Conditions of Approval
Project No. CUP 06-03, Date: July 25, 2006
Jubilee Church Page 3 of 6
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 dutyof 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. 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 these conditions of approval and 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.
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
12. 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)
13. Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final interior improvement construction plans, 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 approved by the Planning
Commission, and/or Planning Director (as applicable). Plans shall address
the following: (PLN)
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
14. On -Site Utility Plans. Prior to issuance of building permits and approval of
on-site utility plans, the applicant shall obtain approval of said plans by the
City Engineer, and shall obtain approval for a Site Plan prepared by a
Registered Civil Engineer showing the sewer and water service lines and
their corresponding points of connection with the City public main lines.
The site plan shall include the trash enclosure that shall be covered with a
solid roof; its floor surface shall be connected to the sewer system through
an inlet in the center with a traffic rated grate, and a concrete apron shall
Resolution No. 06-07-25-1 Final Conditions of Approval
Project No. CUP 06-03, Date: July 25, 2006
Jubilee Church Page 4 of 6
be constructed in front of the trash enclosure. The site plan shall be
specific to the project which reflects consistency with the City's Sewer and
Water standards. (ENG)
15. Water System Improvements. Prior to the issuance of building permits, the
applicant shall complete the construction of all domestic water system,
non-domestic (recycled) water system improvements, and irrigation
facilities required to serve the subject project in compliance with City
municipal codes, standards, specifications, the Rules and Regulations for
Users of Non-domestic Water and the City's water standard specifications.
Any non-compliant water improvements serving the existing building shall
be replaced and/or upgraded to meet current City facility standards.(PW)
16. OCFA Review of Architectural Building Plans. Prior to the issuance of a
building permit, the applicant shall submit site and floor 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)
17. Landscape Modifications. Landscaping adjacent to the church shall be
enhanced with plant material and adequate irrigation. Prior to the issuance
of a building permit for the interior improvements, landscape plans for
modifications to existing landscaping shall be submitted to the Planning
Department for review by the Planning Director, and the Design Review
Committee if deemed necessary by the Planning Director. Landscape
Plans shall show the type, location, and size of all proposed new plant
material adjacent to the church use. Proposed landscaping shall
incorporate water conservation techniques and drought resistant plants to
the extent feasible. (PLN)
18. Parking Management Plan. Prior to issuance of any permits, the applicant
shall submit for review and approval by the Planning Director a Parking
Management Plan that incorporates and/or addresses the management of
all on site parking and use of parking attendants to direct traffic to on site
parking spaces.
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.
19. Trash Management Plan. Prior to issuance of a certificate of occupancy,
the applicant shall submit a trash management plan to the Engineering
Department/Engineering Division for review and approval, establishing a
recycling program for the church. Applicant shall comply with the approved
Trash Management Plan for the duration of the church use.
Resolution No. 06-07-25-1 Final Conditions of Approval
Project No. CUP 06-03, Date: July 25, 2006
Jubilee Church Page 5 of 6
20. 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)
21. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:00 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:
22. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, and floor plans. (PLN)
23. 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)
The following ongoing conditions shall be complied with at all times after
completion of the project.
24. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
25. Hours of Operation. The hours of operation for the subject Church use
shall be restricted as follows:
a. Sundays: Worship Service with Sunday School for children offered
concurrently.
b. Thursdays: Bible Study 7:00-10:00 p.m.
c. Midweek` Daytimes: Church Office/ Administration use Monday -Friday
8:00 a.m.-5:00 p.m. for Church Office/Administrative personnel only.
d. Midweek Nighttimes: Ministry Groups Monday -Friday 7:00 p.m. -9:30
p.m.
Resolution No. 06-07-25-1
Project No. CUP 06-03,
Jubilee Church
Final Conditions of Approval
Date: July 25, 2006
Page 6 of 6
26. Parking Requirements. The applicant shall comply at all times.with the
following requirements to ensure that parking for the church use does not
adversely impact other tenants:
a. No outdoor uses or activities shall be allowed on the site, except
as authorized by approval of a Special Activities Permit by the
Planning Department.
b. Parking attendants shall be provided as necessary to direct
vehicles into areas designated for church parking.
C. Prior to issuance of a certificate of occupancy, a signed Parking
Agreement shall be submitted to the Planning Department for review
and approval, which shall provide a minimum of 104 parking spaces
allocated for Church use on Sunday and evening hours. This Parking
Agreement shall remain in effect for the duration of the use permit.
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: July 25, 2006
Resolution No.: 06-07-25-1
Effective Date: August 9, 2006
Applicant Accootance of,-qonditions of Approval:
Applicant Name
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