PC Resolution-06-09-26-01PC RESOLUTION NO. 06-09-26-01
CONDITIONAL USE PERMIT (CUP) 06-05,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW LIVING WATER
CHRISTIAN FELLOWSHIP TO ESTABLISH A CHURCH IN AN OFFICE PARK
BUILDING LOCATED AT 31571 RANCHO VIEJO ROAD (ASSESSORS PARCEL
NUMBER 650-141-14)
Whereas, John Mendoza, 30081 Hillside Terrace, San Juan Capistrano, CA
92675 has requested approval of a Conditional Use Permit, to establish a church use
within a 7,275 square foot tenant freestanding building within the Ortega Ranch Business
Park, said location identified as Building A-! located at 31571 Rancho Viejo Road which is
General Plan -designed Office Research Park (OPR), and classified as Planned Community
(PC) on the Official Zoning Map and subject to the Ortega Ranch Comprehensive
Development Plan (CDP 04-01; 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 September 26, 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 06-05:
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 office park area provides for general
consistency in maintaining a balance of land uses throughout the city rather than
consolidation in a given area.
PC Resolution 06-09-26-01 2 September 26, 2006
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
existing developed office park site, and the establishment of the use on site does
not conflict with any provisions contained within Title 9. Furthermore, the Planning
Commission herewith makes a finding that, even though the specific use of "church"
was not included in the provisions of Section IV.13.3, Conditional Uses and
Structures, of CDP 04-01, the intent of that section includes churches in that
churches are permitted in all office commercial zones subject to approval of a
conditional use permit, the uses stipulated under the foregoing section are general
in nature and do not include all specific uses, the church use is similar in nature and
operational characteristics to educational uses permitted, and the intent in adoption
of the CDP was to include typical uses permitted in office zones by Title 9.
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 developed office park, and no
exterior modifications are proposed as part of this application; and
b. A parking agreement with the property owner conveys all 133 spaces to the.
Church during the off hour worship services on Sunday and weekday
evenings, 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, October
11, 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 September 26, 2008, unless the
use or occupancy which is the subject of this action has commenced and all conditions of
approval have been inet, 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 06-09-26-01 3 September 26, 2006
PASSED, APPROVED AND ADOPTED this 26th day of September, 2006, by
the following vote, to wit:
AYES: Commissioners Drey, Neely, Ratcliffe and Chairman Cardoza
NOES: Vice Chairman Cohen
ABSTAIN: None
ABSENT: None
Robert Card a, Chairman
�- Ll�
William Cunningham, Acting Planning Director,
Acting Secretary
RESOLUTION #: 06-09-26-01
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project #: CUP 06-05
Project Name: Living Water Christian Fellowship
APPROVAL DATE:
September 26, 2006
EFFECTIVE DATE:
October 112006
EXPIRATION DATE:
September 26, 2008
These conditions of approval apply to Conditional Use Permit 06-05 for approval to
establish a church within a 7,275 square foot tenant building of an office park within the
Ortega Ranch Planned Community Comprehensive Development Plan (CDP) 04-01
located at 31571 Rancho Viejo Road (APN: 650-141-14). 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 06-05 is granted to allow the establishment of a
church use within a 7.275 square foot tenant building (Building A-1) of an
office parking within the Ortega Ranch Planned Community
Comprehensive Development Plan (CDP) 04-01 located at 31571 Rancho
Viejo Road (APN: 650-141-14). This approval is granted based on the
application materials submitted by John Mendoza on August 1, 2006,
including site plan with parking allocation, 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 September 26, 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, 06-09-26-0-1 Final Conutions of Approval
Project No. CUP 06-05, Date: September 26, 2006
Living Water Christian Fellowship Page 2 of 5
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. 06-09-26-0-► Final Cotwitions of Approval
Project No. CUP 06-05, Date: September 26, 2006
Living Water Christian Fellowship Page 3 of 5
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. 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. 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)
Resolution No. 06-09-26-0,
Project No. CUP 06-05,
Living Water Christian Fellowship
Final Cotwitions of Approval
Date: September 26, 2006
Page 4 of 5
15. Signage. Building wall signage shall comply with the provisions of the
approved Sign Program for Ortega Ranch Business Park.
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. 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)
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)
The following ongoing conditions shall be complied with at all times after
completion of the project.
18. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
19. Hours of Operation. The hours of operation for the subject Church use
shall be restricted as follows:
a. Sundays: Worship Services from 9:00 am to 12 noon.
b. Midweek Daytimes: Church Office/ Administration use Monday -Friday
8:00 a.m.-5:00 p.m. for Church Office/Administrative personnel only.
c. Midweek Nighttimes: Ministry Groups Monday -Friday 6:30 p.m. -8:30
p.m.
20. 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. 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 133 parking spaces.
Resolution No. 06-09-26-0
Project No. CUP 06-05,
Living Water Christian Fellowship
Final Cot,.,Itions of Approval
Date: September 26, 2006
Page 5 of 5
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 Acceptance of Conditions of Approval:
By:
Applic Nam
Its:
Title
Date