PC RESOLUTION NO. 15~11-10~01 CONDITIONAL USE PERMIT (CUP)

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1 PC RESOLUTION NO. 15~11-10~01 CONDITIONAL USE PERMIT (CUP) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A MUSIC EDUCATION FACILITY IN EXISTING SUITES TOTALING 2,560 SQUARE FEET, LOCATED AT DEL OBISPO STREET, SUITES 120, 125, AND 150 (ASSESSOR PARCEL NUMBER ~39)( (MUSIC MAKER) Whereas, Brian Housely, 1717 E. Vista Chino, #A7-253, Palm Springs, CA 92262, has requested approval of Conditional Use Permit (CUP) to allow a music education facility in existing suites totaling 2,560 square feet, located at Del Obispo Street, Suites 120, 125, and 150, which is General Plan-designated Specific Plan/Precise Plans and classified as Specific Plan/Precise Plan on the Official Zoning Map; and, Whereas, the proposed project has been processed pursuant to Section , Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section of the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 categorical exemption, and will cause the Notice of Exemption to be posted pursuant to Section (d) of the CEQA Guidelines which provides that "the notice shall not be filed with OPR or the county clerk until the project has been approved;" and, Whereas, the Planning Commission conducted a duly-noticed public hearing on November 10, 2015, pursuant to Title 9, Land Use Code, Section , to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the project is Categorically Exempt (Section 15301; "Existing Facilities") from further review under CEQA. The project is consistent with Section because the project will occupy an existing office building, will include only minor interior tenant improvements, and will involve no expansion. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Section of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed use and design are consistent with the maps and policies of the General Plan because the Specific Plan/Precise Plan designation allows uses pursuant to the adopted Los Rios Specific Plan (SP) 77-01, and includes music schools as a conditionally permitted use; and, Page 1 of 3 ATTACHMENT 4

2 2. The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as othejwise approved, because the music school is a conditionally permitted use in the Los Rios Specific Plan (SP) 77-01, and the use is consistent with the purpose and intent of the Low Density Office district of the Specific Plan, "to provide for low intensity commercial office uses that are compatible with the rural character of the Los Rios area and will not alter the existing topography," because the music facility a low intensity use and compatible with the existing commercial office uses and the rural character of the Los Rios area, and will not require construction of any additional structures and not alter the existing topography; and, 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because the site improvements are existing, there will be adequate parking for the use, and the site can accommodate the pick-up and drop-off of students; and, 4. The proposed use and the on-going operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because the proposed music school has no exterior activity and vehicular traffic, so as to not create potential disturbances of neighboring properties; and, there will be no parking impacts because the use can be adequately parked on-site, as demonstrated in the parking analysis prepared by Linscott, Law & Greenspan, Engineers; and, 5. The site for the proposed use has adequate access and parking to support the use because the use can be adequately parked on-site, as demonstrated in the parking analysis prepared by Linscott, Law & Greenspan, Engineers. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves the project subject to those conditions of approval established by Exhibit A, and the operations described in Exhibit B "Parking Demand Analysis," attached hereto and incorporated herein. CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, Paseo Adelanto, San Juan Capistrano, California The Interim Development Services Director is the custodian of the record of proceedings. Page 2 of 3

3 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 5:00p.m., Wednesday, November 25, This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on November 10, 2017 unless a time extension request has been submitted or the conditional use has been established prior to that date. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections through of the California Government Code. PASSED, APPROVED AND ADOPTED this h day November, Shkn ~h~innan Dav1d Contreras, Acting Assistant Development Services Director, Secretary Page 3 of 3

4 EXHIBIT "A" P.C. RESOLUTION # CONDITIONS OF APPROVAL PROJECT LOG #: CUP PROJECT NAME: MUSIC MAKER APPROVAL DATE: NOVEMBER 10, 2015 Conditional Use Permit (CUP) is approved subject to compliance, to the reasonable satisfaction of the Development Services Department, with all applicable sections of the San Juan Capistrano Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by Architectural Control approval. These conditions of approval apply to the above-referenced project application described in more detail below. 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. The subject project proposes music education facility in existing suites, totaling 2,560 square feet, located at Del Obispo Street, Suites 120, 125, and 150, APN: This project approval is based on and subject to the application materials prepared by Brian Housely, dated July 16, 2015, and October 8, 2015 including site plan(s), floor plan(s), a project description and any other plans. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Development Services Director pursuant to Section , Administrative approvals of Title 9, Land Use Code. General Conditions: 1.1 The applicant and its heirs, successors, and assigns 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 Development Services Director. 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 Resolution # CUP Music Maker Conditions of Approval Page 2 of 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. 1.3 Noise Attenuation. Doors must be closed at all times and the use shall be in accordance with the floor plan prepared by San Diego Drafting, LLC and submitted on October 8, 2015, to ensure that excessive noise does not create adverse impacts on adjacent properties or businesses. Should noise related issues arise, the applicant shall take measures to address the issues, subject to the review and approval of the Development Services Director. (DSD) 1.4 Maximum Occupancy. The maximum number of staff members on site shall not exceed 9 at any given time. The maximum number of students on site shall not exceed 16 at any given time. Any request to increase these limits shall require a modification to the Conditional Use Permit and include a new parking demand analysis. The modification shall be subject to the review of the Development Services Director, provided that adequate parking will be provided. (DSD) 1.5 Hours of Operation. The school shall be limited to the following schedule and operating hours: September 1 to June 15 (School Year) 3:00PM to 9:00PM Monday through Friday 10:00 AM to 5:00 PM Saturday and Sunday June 15 to August 31 (Summer) 9:00AM to 9:00PM 7 days a week Any request to modify the operating schedule shall be subject to the review of the Development Services Director. (DSD) 1.6 Parking. The use shall operate in a rnanner consistent with that which is described in the Parking Demand Analysis prepared by Linscott, Law & Greenspan, Engineers, dated October 1, 2015 (Exhibit B to the Resolution). An increase in the parking demand created by the music school shall be subject to review and approval by the Development Services Director. (DSD) The following conditions shall be met continuously during construction and prior to issuance of any certificate of occupancy: 2.1 Consistency with Approved Plans. 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. If all improvements cannot be installed prior to occupancy, the City may approve a Deferred Improvement Agreement to defer the completion of the improvements provided that a bond, cash deposit, or other surety in a form and substance approved by the City Attorney, is submitted to the City in lieu of installation of the improvements, that application and required fees are submitted, and that the incomplete improvements will not create an unsafe condition on the site. The term of the deferral shall be as determined by the City Planner. (DSD)

6 Resolution # CUP , Music Maker Conditions of Approval Page 3 of3 2.2 Backflow Prevention. Prior to the issuance of a certificate of occupancy, an approved Reduced Pressure Backflow Prevention Device must be installed on the service line after the water meter and prior to any branches from the service line. This device must be tested prior to placing the device into use on the service line. (PW-UTIL) 2.3 Backflow Prevention. Inspection. Prior to the issuance of a certificate of occupancy, the location of the Backflow Prevention Device must be inspected by the Utilities Division prior to installation. (PW-UTIL) Responsible Departments/Agencies: DSD: Development Services Department DSD-B&S: DSD-Building & Safety Division PW-ENG: Public Works-Engineering Division PW-UTIL: Public Works-Utilities Division OCFA: Orange County Fire Authority