PC Resolution-06-10-10-02PC RESOLUTION NO. 06-10-10-2
CONDITIONAL USE PERMIT (CUP) 06-06,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW ZOE CHURCH
TO ESTABLISH IN AN OFFICE RESEARCH PARK BUILDING LOCATED AT 31531
RANCHO VIEJO ROAD (ASSESSORS PARCEL NUMBER 650-142-10)
Whereas, John Hallowell, 27251 Rosario, Mission Viejo, CA 92629 has requested
approval of a Conditional Use Permit, to establish and operate a non denominational Christian
Church for a congregation of approximately 70 members within a 3,238 square foot tenant suite
portion of building A-2 a 13,950 square foot two story commercial office building located at
31531 Rancho Viejo Rd., which is General Plan -designated Office Research Park "ORP", and
classified as Planned Community (PC) 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
October 10, 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 06-06:
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 commercial office 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
existing developed commercial office 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
PC Resolution 06-10-10-2 2 October 10, 2006
CUP the church use is consistent with the intent of the Planned Community (PC) 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 commercial office
park, and no exterior modifications are proposed as part of this application; and
b. A parking agreement with the property owner conveys 45 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, October 25, 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 October 10, 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).
PASSED, APPROVED AND ADOPTED this 10th day of October, 2006, by the
following vote, to wit:
AYES: Commissioners Drey, Ratcliffe, Neely, and Chairman Cardoza
NOES: Commissioner Cohen
ABSTAIN: None
ABSENT: None
Robert Cao6za, Chairman
William Cunningham, Confract Planner, Acting
Secretary
RESOLUTION #: 06-10-10-2
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project #: CUP 06-06, Project Name: Zoe Church
APPROVAL DATE: October 10, 2006
EFFECTIVE DATE: October 25, 2006
EXPIRATION DATE: October 10, 2008
These conditions of approval apply to Conditional Use Permit 06-06 for approval to
establish and operate a non denominational Christian Church within a 3,238 square foot
tenant suite portion of Building A-2, a 13,950 square foot two story Commercial Office
building located at 31531 Rancho Viejo Rd., (APN: 650-142-10). 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 06-06 is granted to allow the to establishment and
operation of a non denominational Christian Church fora congregation of
approximately 100 members within a 3,238 square foot tenant suite
portion of a 13,950 square foot two story commercial office building which
is zoned Planned Community (PC), and is located at 31531 Rancho Viejo
Rd. (APN: 650-142-10). This approval is granted based on the application
materials submitted by John Hallowell on August 3, 2006, including site
and floor plans. 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 affectedcity 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
October 10, 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. 06-10-10-2 Final Conditions of Approval
Project No. CUP 06-06, Date: October 10, 2006
Zoe Church 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. 06-10-10-2 Final Conditions. of Approval
Project No. CUP 06-06, Date: October 10, 2006
Zoe Church 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. 06-10-10-2
Project No. CUP 06-06,
Zoe Church
Final Conditions of Approval
Date: October 10, 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 8:00 a.m. to 12:00 a.m., and Bible
Study from 6:00 p.m. -7:30 p.m.
b. Saturdays: Prayer Group 7:00-8:00 p.m.
c. Midweek Daytimes: Church Office/ Administration use Monday -Friday
8:00 a.m.-5:00 p.m. for Church Office/Administrative personnel
d. Thursdays: Women's fellowship from 9:30-11:00 a.m.
e. Midweek Nighttimes: Ministry Groups Monday -Friday 6:30 p.m. -9:00
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.
Resolution No. 06-10-10-2
Project No. CUP 06-06,
Zoe Church
Final Conditions of Approval
Date: October 10, 2006
Page 5 of 5
b. Worship services shall be coordinated and off -set with worship
service times of The Living Water Church located within building A-1.
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 45 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.
d. Parking attendants shall be provided as necessary to direct
vehicles into areas designated for church parking.
Responsible Agencies: B&S =
ENG =
PLN =
PW =
OCFA =
Date of Approval: October 10, 2006
Resolution No.: 06-10-10-2
Effective Date: October 25, 2006
Building and Safety
Engineering Department
Planning Department
Public Works Department
Orange County Fire Authority
Applicant. Acceptance of Conditions of Approval:
By:r
Applicant Name
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Title
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Date