RESOLUTION NO XX

Transcription

1 RESOLUTION NO XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF CONDITIONAL USE PERMIT (CUP) AND THEREBY UPHOLDING AN APPROVAL OF 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 ) (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 the Office of Planning and Research 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 and approved Conditional Use Permit (CUP) WHEREAS, on November 19, 2015, Tyler Marolf submitted an appeal of the Planning Commission's approval; and, WHEREAS, the City Council conducted a duly-noticed public hearing on January 18, 2016, 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 City Council 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. Page 1 of 3 ATTACHMENT 5

2 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council ofthe 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, 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 otherwise 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 City Council 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 Page 2 of 3

3 located at San Juan Capistrano City Hall, Paseo Adelanto, San Juan Capistrano, California The City Clerk is the custodian of the record of proceedings. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become immediately upon the date of approval. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on January 18,2018, 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 18th day of January ATTEST: PAM PATTERSON ESQ., MAYOR MARIA MORRIS, CITY CLERK Page 3 of 3

4 EXHIBIT "A" RESOLUTION # XX CONDITIONS OF APPROVAL PROJECT LOG #: CUP PROJECT NAME: MUSIC MAKER APPROVAL DATE: JANUARY 18, 2016 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 # XX 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) 3:00 PM to 9:00 PM 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 manner 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 # XX CUP Music Maker Conditions of Approval Page 3 of 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

7 RESOLUTION XX EXHIBIT B LINSCOTT LAW & GREENSPAN engineers October 1, Mr. Nick Taylor Associate Planner City of San Juan Capistrano Paseo Adelanto San Juan Capistrano, CA LLG Reference No Engineers & Planners Traffic Transportation Parking Linscott, Law & Greenspan, E11!1ineers 2 Executive Circle Suite 250 Irvine, CA T f Subject: Dear Mr. Taylor: Parking Demand Analysis for Musicmaker San Juan Capistrano, California Pasadena Irvine San Diego Woodland Hills As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Parking Demand Analysis for the proposed occupancy of 2,560 square feet (SF) of vacant floor area by Musicmaker at Del Obispo in Los Rios Plaza. A parking study has been required as part of the approval process for the Musicmaker project to evaluate the parking requirements and operational needs of Los Rios Plaza at future full occupancy with proposed and anticipated tenancies. This report evaluates those needs based on application of City Code, and review of Musicmaker's expected operations. Our method of analysis, findings, and recommendations are detailed in the following sections of this report. Briefly, we find the following: The peak parking needs of the proposed full occupancy tenancy plan at Los Rios Plaza (including Musicmaker) will be adequately served by the existing parking supply of 48 spaces. Based on operational data from Musicmaker, its maximum occupancy would be 25 people (9 staff and 16 students). All students would be 7 to 17 years old, and dropped off and picked-up by their parents/guardians. Based on this, the City Code ratio for "child care centers" was considered to be the most representative of the project's parking characteristics, and most appropriate for application to the project (as opposed to "business and trade schools"). This resulted in a Code-requirement of II spaces for the project. The full occupancy Of Los Rios Plaza (including the proposed Musicmaker tenancy) would require 45 spaces based on the application of City Code Page 1 of 5 Philip M Linscott, PE l(jjmji Jack M Groonspan. PE IA I ; William A Law, PE 1A01 1 Paul W. Wilkinson, PE John P. Koating, PE Ouv;d S. Shondor, PE.John A Boarmon, PE Clare M. look-jaoyar, PE Richard E. Borrolto. PE Koil D M;Jhorry. PE

8 Mr. Nick Taylor October 1, 2015 Page 2 LINSCOTT LAW & GREENSPAN engineers ratios. Comparing against the supply of 48 spaces, the Code-based requirement of 45 spaces corresponds to a surplus of 3 spaces. Under actual conditions when sharing of parking spaces would occur, based on Musicmaker's typical hours of operation (3:00 PM to 9:00 PM on weekdays, and 10:00 AM to 5:00 PM on Saturdays and Sundays), the project's peak demand on a weekday (when all other uses in Los Rios Plaza are in business) would likely be 9 spaces at most (attributable to the maximum number of employees), which is less than the 11 spaces required by Code. Parents/guardians are expected to quickly drop off/pick up students, with very short parking durations and may likely not even pull into a space. After 5:00 PM on a weekday, when the other office and service employees have departed for the day, there would be more than adequate spaces to serve the parking needs for the project (and Wednesday evening meetings for the church). The same applies to weekend conditions when the office uses are not in operation. PROJECT LOCATION AND DESCRIPTION Musicmaker proposes to offer music lessons to children from 7 to 17 years old. It would occupy 2,560 SF of vacant floor area at Del Obispo in Los Rios Plaza. Maximum occupancy would be 25 people (9 staff and 16 students), with all students dropped off and picked-up by their parents/guardians. For the most part of the year (non-summer months), the project will operate Monday through Friday from 3:00 PM to 9:00PM, and Saturday and Sunday from 10:00 AM to 5:00PM. Table 1 presents the development tabulation for the Los Rios Plaza, which has a total leasable floor area of approximately of 13,014 SF, of which 2,560 SF is proposed to be occupied by Musicmaker. PARKING SUPPLY-DEMAND ANALYSIS This parking analysis involves determining the expected future site parking needs, based on the size and type of tenancy components, versus the existing 48-space parking supply. Table 1 presents the City Code parking requirements for Los Rios Plaza, including vacant floor areas that have been presumed as general office, plus a prospective dermatologist in Suite 130. The proposed tenancy within Suites 120, 125, and 150 by Musicmaker has been estimated to require 11 spaces, based on the application of the City Code ratio for "child care centers". This was considered to be the most representative of the project's parking characteristics, and most appropriate for application to the project Page 2 of 5

9 Mr. Nick Taylor October I, 2015 Page 3 LINSCOTT LAW & GREENSPAN engineers (as opposed to "business and trade schools") because all of Musicmaker's students would be 7 to 17 years old, and dropped off and picked-up by their parents/guardians, unlike students at business and trade schools who drive themselves and occupy parking spaces during their class. As shown on Table 1, direct application of City parking codes to the mix of uses in Los Rios Plaza results in a total parking requirement of 45 parking spaces. With a parking supply of 48 spaces, a City Code-based surplus of 3 spaces is indicated. Due to the existing and proposed mixed-use characteristics of Los Rios Plaza, opportunities to share parking likely occur now and can be expected to continue with full occupancy and tenancy. Under actual conditions when sharing of parking spaces would occur, based on Musicmaker's typical hours of operation (3:00 PM to 9:00 PM on weekdays, and I 0:00 AM to 5:00 PM on Saturdays and Sundays), the project's peak demand on a weekday (when all other uses in Los Rios Plaza are in business) would likely be 9 spaces at most (attributable to the maximum number of employees), which is less than the 11 spaces required by Code. Parents/guardians are expected to quickly drop off/pick up students, with very short parking durations and may likely not even pull into a space. After 5:00 PM on a weekday, when the other office and service employees have departed for the day, there would be more than adequate spaces to serve the parking needs for the project (and Wednesday evening meetings for the church). The same applies to weekend conditions when the office uses are not in operation. Parking demand counts were conducted by the project applicant in September 2015, which indicated that the existing peak demand at Los Rios Plaza on a weekday was 13 spaces (at 11:30 AM). On a Wednesday evening (at 8:30PM during a mid-week meeting at the church), the peak demand was 22 spaces. Increasing those demand counts to account for current vacancies, the adjusted weekday peak demand would be 21 spaces during the daytime ( 13 occupied spaces observed + 4 added spaces for office vacancy + 4 spaces for prospective dermatologist in Suite 130). There would be no adjustment to the 22-space Wednesday evening demand because future office uses would be closed during a weeknight anyway. Adding the 11 spaces required for the project to the adjusted demand results in a total existing plus project demand of 32 to 33 spaces. Comparing these against the existing supply of 48 spaces yields an operational surplus of 15 to 16 spaces (greater than the Code-based surplus of 3 spaces). Page 3 of 5

10 Mr. Nick Taylor October I, 2015 Page 4 LINSCOTT LAW & GREENSPAN engineers Given these results, we conclude that the peak parking needs of the proposed full occupancy tenancy plan at Los Rios Plaza (including Musicmaker) will be adequately served by the existing parking supply of 48 spaces. We appreciate the opportunity to prepare this analysis for Musicmaker. Should you have any questions or need additional assistance, please do not hesitate to call us at (949) Very truly yours, Linscott, Law & Greenspan, Engineers Trissa (de Jesus) Allen, P.E. Senior Transportation Engineer N \1600'-.21 "J62 1 :V I usi..:m:~k~r. Sa11 Juan Cttpisrt ilno\j 62 1-Itr doc Page 4 of 5

11 TABLE 1 PARKING SUMMARY Suite Number Tenant Del Obispo 100 Ma!yam Ekhtiar DDS, Inc. 110 Patricia Simmons (barber) 115,120 Christian Science Society 200 Vacant 210 Vacant 215 Vacant 225 Ileana Islas (office) 220 William W. Glass, CPA 250,270 :Christine Baser {office) Del Obispo 120, 1:25 Music maker 130 Vacant (potential dermatologist) 135 Friess Companies 140 Vacant 145 Dave Taylor - Life Consultants 150 Musicmakcr Total GLA SF City Code Ratio Code-Required Spaces Parking Spaces Required for Project Gross Leasable Area (GLA) in Square Feet (SF) Vacant Medical- Proposed Church General Service (assumed Dental Project Ia I Office Uses as Gen. Office Office) 1, , I , ,560 2,705 3,053 2, ,466 1 splice per employee, 1 space 1 space 1 space 1 space 1 space plus I space per 400 per 400 per 200 per 300 per 400 per 8 SF SF SF SF SF students!see below! II TOTAL 1, , , l,-l54 13, It Total Spaces Required (per Code): Existing Parking Supply: Parking Surplus: Note: [a] It is presumed that only the Church Office/Administration will be in use Monday to Friday between 8am and 5pm; therefore, for the purposes of this study, and so as not to unreasonably overstimate Code requirements for weekday daytime, the General Office ratio per City Code was applied to the Church Page 5 of 5