AGENDA ITEM: 8-A
STAFF REPORT
SAN CLEMENTE PLANNING COMMISSION
Date: June 5, 2024
PLANNER: John Ciampa, Contract Planner
SUBJECT: Public Hearing Project (PHP) 24-231, Chabad Jewish Center 1306 N. El Camino Real
The Planning Commission will consider a request for an Amended Development Permit (AM DP 20-399) and a Conditional Use Permit (CUP 22-430) for a 1,479 square foot addition, remodel, and off-site parking for an existing institutional facility. The Planning Commission will also consider whether the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).
REQUIRED FINDINGS
The following findings shall be made to approve the proposed project. The draft Resolution (Attachment 1) and analysis section of this report provide an assessment of Development Permit, 17.16.100, to allow additions to non-residential buildings in the Architectural Overlay District.
a. The proposed project is consistent with the General Plan; b. The proposed project complies with zoning regulations; c. The proposed project is consistent with the City's Design Guidelines; d. The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; e. The proposed project is in character and compatible with the properties in the neighborhood;
f. The proposed project complies with the purpose and intent of the Architectural Overlay District; and
g. The proposed project/use preserves and strengthens the pedestrian-orientation Minor Conditional Use Permit, 17.16.070, to allow off-site parking within 1000 feet of the subject property, consistent with the San Clemente Municipal Code (SCMC)
17.64.110.
Attachment 2
Chabad Jewish Center Page 2
a. The proposed use is permitted within the subject zone pursuant to the approval of a Minor Conditional Use Permit and complies with all applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed;
b. The site is suitable for the type and intensity of use that is proposed; c. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and d. The proposed use will not negatively impact surrounding land uses.
BACKGROUND
Site Data
The subject property is a 13,486 square foot interior lot located at 1306 North El Camino Real in the Neighborhood Commercial Zoning District, within the Coastal Zone, Architectural and Affordable Housing Overlays (NC2-A-AH-CZ). The site is developed with a 3,496 square foot, two-story Spanish building with three attached two car garages.
In addition to the garage parking the site provides seven outdoor spaces, for a total of 13 on-site parking spaces. The surrounding land uses include a hotel, office, and a mixeduse development to the north, multi-family residential uses to the south and west, and vacant land to the east. Reference Attachment 2 for a location map and Attachment 3 for photographs of existing conditions at the property. Image 1 below identifies the project site.
Image 1 Aerial View Project Site
In 1997, a Site Plan Permit and Architectural Permit were approved to authorize the construction of the existing structure. In 2013, the Chabad Jewish Center obtained approval of a Conditional Use Permit (CUP13-190) to occupy the building and operate a Chabad Jewish Center Page 3
religious use as well as a school/tutoring use operated by the County of Orange. As part of the 2013 CUP, the applicant obtained approval for shared parking to address the various uses at the site. The facility is no longer operating the school/tutoring classes; however, the religious facility conducts evening Torah study during the week, Saturday Shabbat services, and Hebrew School on Sunday.
Development Management Team Meeting
The City's Development Management Team (DMT) reviewed the project on February 8, 2024, and recommends approval with conditions included in Attachment 1, Exhibit A.
Noticing and Public Comments
Public notices were distributed and posted per City and State requirements. Staff has not received any public comments on this item prior to and after the distribution and posting of public notices.
PROJECT DESCRIPTION AND ANALYSIS
Project Description
The project proposes a major remodel to the first and second floor and a 1,479 square foot addition to the second floor which is inclusive of the conversion of the six garage parking spaces to bring the total building square footage to 6,650 square feet. The project would only remodel the first floor with no expansion to the building footprint to create a new lobby, corridors, bathroom, multipurpose room, and two offices. The second floor would include a 1,479 square foot addition and remodel to enlarge the sanctuary with seating for 68 people, new restrooms, and a space for a future kitchen. The attic space above the second floor would include storage and a mechanical area.
The project proposes to enhance the existing Spanish architecture which is required because the property is located in the Architectural Overlay (per Section 17.56.020.A.3.a and Urban Design Element Policy 5.07). The proposed design of the project continues the existing Spanish design with the arched windows, white stucco walls, terra cotta tile, and tower elements. Additional analysis of
Architecture section of the report.
The project would retain the seven on-site parking spaces and is proposing to enter into an off-site parking agreement with the City for the additional 10 parking spaces at the adjacent Bonita Park (per condition of approval 4.3). Off-site parking is necessary to obtain the required parking to increase the sanctuary seating capacity from 45 to 68 and to off-set the loss of the six garage spaces which are utilized to expand the sanctuary.
The off-site parking agreement would be subject to City Council approval that would be proposed under a separate action.
The operations of the Chabad Jewish Center include the following:
Chabad Jewish Center Page 4
1. Weekdays during normal business hours (8:00 am-5:00 pm) only the office spaces would be utilized.
2. Two nights a week religious studies would occur with up to 16 people.
3. Saturday mornings from 9:30 am to 11:30 am Shabbat services would be limited to 68 people.
4. Sunday from 9:00 am to 12:00 pm Hebrew School with up to 15-20 people.
Development Standards
The proposed development for the remodel and addition was reviewed with the Municipal Code Section 17.36 to ensure that it complies with all of the applicable development standards of the NC2 zoning district. Table 1 below identifies the project in conformance with all of the applicable standards.
Table 1: Project Compliance with NC2 Development Standards Standard NC2 Project Compliance
Front Yard 0 ft 4 ft Yes
Side Yard 0 ft 5ft 2 in Yes
Rear Yard 0 ft 29 ft Yes
Lot Coverage 60% 35% Yes
FAR .50 .495 Yes
Height 33 ft TOR
26 ft Plate
26.25 ft
14.93 ft
Yes
Landscape
Coverage
10% 13% Yes
Parking 17 Spaces (1 per 4
seats)
17 Spaces*
(7 on-site &
10 off-site)
Yes
*CUP requested to allow 10 off-site parking spaces to provide the additional parking required for the expanded sanctuary, per Section 17.64.080 Parking
Religious uses require 1 parking stall per four seats, which traditionally has been applied to seating within the primary sanctuary / religious gathering place (and not including ancillary spaces like classrooms). The site is improved with three, two-car garages and seven surface parking spaces that have been in place since the building was constructed in 1997. Since the Chabad Jewish Center occupied the facility in 2013, the applicant reports that the six garage parking spaces have been utilized for storage. The garage spaces have not been necessary to accommodate congregant parking since the Jewish Shabbat prohibits work on Saturdays, which includes driving or riding in cars, resulting in almost all of the members walking to Shabbat service on Saturdays. While the sanctuary will be expanded from 45 seats to 68 seats, the applicant, Rabbi Slavin, does not expect Chabad Jewish Center Page 5
additional parking demand since very few congregants drive to Shabbat services on Saturdays. However, since there is not a codified parking exemption for religious practices that limit vehicle use, the applicant is requesting an off-site parking agreement with the City to obtain the use of an additional 10 parking spaces from Bonita Park on Saturdays from 9:30 am to 11:30 am (condition of approval # 4.3).
The operations of the building would have three separate functions that only utilize a fraction of the building at any given time resulting in the continued use of shared parking and proposed off-site parking to allow for the proposed project. Only the Saturday Shabbat service would require off-site parking as the other days only limited use of the facility is proposed:
1. During weekday business hours 8:00 am-5:00 pm only the office spaces would be utilized (1,460 sq. ft. requiring 4.86 parking stalls at a parking rate of 1 space per 300 sq. ft.).
2. Two nights a week religions studies would occur with up to 16 people (requiring four parking spaces at a parking rate of 1 per 4 spaces).
3. Saturday mornings from 9:30 am to 11:30 am Shabbat services would be held with seating for up to 68 seats (requiring 17 parking spaces (7 on-site and 10 off-site at a parking rate of 1 per 4 spaces).
4. Sunday from 9:00 am to 12:00 pm Hebrew School up to 15-20 people (requiring 5 parking spaces at a parking rate of 1 per 4 spaces).
The Bonita Park parking lot is located 145 feet from the subject property. While there is no direct pedestrian crossing adjacent to the site, the nearest protected pedestrian crossing is 600 feet from the subject property, at the intersection of N. El Camion Real and El Portal. The one-way trip to the off-site parking area would result in a distance of 1,388 feet. The distance to the off-site parking complies with the Zoning Code requirements per Section 17.64.110, which allows the use of parking areas 1,000 feet from the project site, calculated by direct line and not by path of travel distance.
The Bonita Park parking lot (32 total spaces) is utilized by the Boys and Girls Club during the week (because they do not have private/on-site parking) and the public daily. To assess the parking demand for the proposed expansion and the availability of parking at Bonita Park, staff and the applicant surveyed the parking areas for Bonita Park and the Chabad Jewish Center to ensure there is available parking for the project. The survey was conducted at the Chabad Jewish Center parking lot on Monday (6:00 pm), Tuesday (9:00 am 4:00 pm), Thursday (9:00 am 4:00 pm), and Saturday (10:00 am) and Sundays (11:00 am), at Bonita Park on Saturdays and Sundays at 10:00 am for a period of two weeks. The results of the parking survey (Attachment 5) concluded that an average of 3.3 spaces were utilized for Bonita Park with a maximum of 10 spaces on a Saturday at 10:00 am and an average of 2.9 spaces were utilized in the Chabad Parking lot with a maximum of seven spaces on a Saturday. concluded
that there is sufficient parking at Bonita Park to accommodate the expansion of the Chabad Jewish Center. Additionally, while street parking cannot be counted for a private Chabad Jewish Center Page 6
use, this section of North El Camino Real does allow for street parking and with 134 linear feet of street frontage at least six additional spaces could be utilized.
The survey concludes that the request for the off-site parking will not impact adjacent uses as there is available parking when the spaces are needed on Saturday mornings from 9:30 am to 11:30 am. Additionally, the continued operations of the Chabad Jewish Center would be compatible with the neighborhood and not impact the adjacent uses.
Staff contacted the Boys and Girls Club and they confirmed that they are closed on Saturdays so there would be no conflict of use for the public parking area. The Boys and Girls Club Director, Planning Division, and Beaches Parks and Recreation have reviewed the request for parking stalls and are supportive of the off-site parking request.
Architecture
The required style of architecture for subject property is Spanish pursuant to requirements of the Architectural Overlay District (A-Overlay) Section 17.56.020. Additionally, General Plan Urban Design Policy 5.07 states models may
utilize either Spanish Colonial Revival or other Spanish Architecture on North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5, per the Design Guidelines xisting structure was constructed in 1997 in a Spanish design and the proposed project would enhance the architecture with the two towers at the north and south ends of the structure.
Additionally, the design of the second story would provide a more balanced front elevation with the upper floor extending the full length of the first floor. The removal of the three garage doors and the replacement with French doors would also enhance the rear/ally elevation. The traditional Spanish design elements would continue with the use of a red tile roof, arched openings, wood eves, and white stucco siding.
Exhibit 1: Existing and Proposed Elevations
Existing Front Elevation Proposed Front Elevation
Additionally, per the Zoning Code and A-Overlay goals, landscaping must consist of drought-tolerant, native landscaping with a Spanish Village theme, consistent with the Coastal Land Use Plan and General Plan.
Chabad Jewish Center Page 7
Design Review Subcommittee
The Design Review Subcommittee (DRSC) reviewed the project on December 14, 2022, (Attachment 6) and supported the project with design changes summarized in Table 2 below.
Table 2 DRSC Comments
Recommendation: Applicant Response:
1. On the elevations, extend the
eaves for the tower elements to
increase the roof overhang.
Addressed. The plans are modified to reflect
recommendation.
2. Left entry tower should have a
hipped roof for consistency.
Addressed. The plans are modified to reflect
recommendation.
3. Consider adding a scalloped
design in the plaster on the north
and south (side) elevations.
Not addressed. The applicant wishes to not
incorporate this architectural element as a
result of increased cost and the building is
not a Spanish Colonial Revival design.
4. Incorporate additional details into
the elevations including bird stops,
mortar packing, and gutters.
Addressed. These elements are
incorporated as conditions of approval (COA
# 5.4 and 5.5).
5. Provide additional landscaping to
enhance the site.
Addressed. The plans are modified to reflect
General Plan
Refer to Attachment 4 for a
Policies. Per the analysis in Attachment 4, staff believes that the project is consistent with the General Plan.
ENVIRONMENTAL REVIEW/COMPLIANCE (CEQA)
The Planning Division completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the Planning Commission determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section Guidelines Section 15301 (Class 1: Existing Facilities) because the project involves the remodel and addition of 1,479 square feet to an existing institutional facility.
Chabad Jewish Center Page 8
CALIFORNIA COASTAL COMMISSION REVIEW
The project is located within the Coastal Zone, and if the project is approved by the Planning Commission the applicant will be required to obtain a Coastal Development Permit or CDP Waiver from the Coastal Commission prior to obtaining a building permit, which is included as a condition of approval.
ALTERNATIVES
The Planning Commission may take any of the following actions:
1. Approve the application with staff recommended conditions of approval.
2. Modify the conditions of approval to effect desired changes prior to approval.
3. Continue the hearing to obtain additional information from the applicant.
4. Deny the application. If the Commission wishes to pursue this option, the hearing will need to be continued to allow the appropriate resolution to be prepared.
These actions may be appealed by the application to the City Council within ten days of the decision pursuant to San Clemente Municipal Code § 17.12.140 or be called up by the City Council for review and action.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Determine that the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities); and
2. Adopt Resolution PC 24-012, approving Amended Development Permit (AM DP 20-399) and Minor Conditional Use Permit (CUP 22-430), Chabad Jewish Center, subject to attached conditions of approval.
Attachments:
1. Resolution No. PC 24-012
Exhibit A - Conditions of Approval
2. Location Map
3. Photos
4. General Plan Compliance
Chabad Jewish Center Page 9
5. Parking Survey
6. DRSC Report and Minutes, December 14, 2022
7. Conceptual Plan
4891-2239-8914 v2
RESOLUTION NO. PC 24-012
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING
AMENDMENT TO DEVELOPMENT PERMIT 20-399 AND
MINOR CONDITIONAL USE PERMIT 22-430, CHABAD
JEWISH CENTER, TO CONSTRUCT A 1,479 SQUARE
FOOT ADDITION, REMODEL, AND OFF-SITE PARKING
FOR AN EXISTING INSTITUTIONAL FACILITY, AND
FINDING THE PROJECT CATEGORICALLY EXEMPT
FROM CEQA PURSUANT TO STATE CEQA GUIDELINES
SECTION 15301 (CLASS 1: EXISTING FACILITIES, 14 CCR
§15301).
WHEREAS, on December 4, 2022, an application was submitted by Rabbi Slavin, 1306 North El Camino Real, CA 92672, for Amendment to Development Permit (AM DP) 20-399 and Conditional Use Permit (CUP) 22-430, and deemed complete on May 6, 2024, which is a request to construct a 1,479 square foot addition, remodel, and off-site parking for an existing institutional facility located at 1306 North El Camino Real. The project site is in the Neighborhood Commercial Zoning District and Coastal Zone, Architectural and Affordable Housing Overlays (NC2-A-AH- legal description is
Number 692-381-57; and
WHEREAS, the Planning Division has completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommends that the Planning Commission determine that the project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities). This is recommended because the project involves a 1,479 square foot addition, remodel, and off-site parking for an existing institutional facility within a developed commercial area; and
WHEREAS, on February 8, 2024, the City's Development Management Team (DMT) reviewed the proposed project and determined it complies with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and (DRSC) considered the project and supports it with further clarifying information and design recommendations; and
WHEREAS, on June 5, 2024, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application, and considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.
NOW, THEREFORE, the Planning Commission of the City of San Clemente does Resolution No. PC 24-012 Page 2
hereby find, determine and resolve as follows:
Section 1. Incorporation of Recitals.
The Planning Commission hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.
Section 2. CEQA Findings.
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Planning Commission, and the facts outlined below, the Planning Commission hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).
The Class 1 exemption specifically exempts from further CEQA review, the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The use of this exemption is limited to the addition and remodel of an existing institutional building. The project involves the construction of a 1,479 square foot addition, remodel, and off-site parking for an existing institutional facility within a developed commercial area. Thus, the project qualifies for the Class 1 exemption.
Furthermore, none of the exceptions to the use of the Class 1 categorical exemption identified in State CEQA Guidelines section 15300.2 apply. The project is not located in a particularly sensitive environment, and will not impact an environmental resource of hazardous or critical concern, in that the project site is located within an urbanized residential area. The project will not result in a cumulative impact from successive projects of the same type in the same place, over time, in that, a successive project of the same type in the same place would not meet City policies. There are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment, in that, there are no especially sensitive resources (endangered species, wetlands, etc.) on the project site or in the vicinity. The project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources, in that, the project will avoid the adjacent historic resources at 233 Avenida La Cuesta and 243 Avenida La Cuesta. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource, in that, the historical integrity of the adjacent historic resources will remain.
Thus, the Class 1 exemption applies, and no further environmental review is required.
Section 3. Development Permit Findings
With respect to Amendment to Development Permit (AM DP) 20-399, the Planning Commission finds as follows:
A. The proposed project is consistent with the General Plan, in that:
Resolution No. PC 24-012 Page 3
1. The structure is retained as a religious institutional use which is an authorized land use in the Neighborhood Commercial 2 land use designation, as approved by CUP13-190, and would continue serving the members of the community;
2. The project would ensure continued Neighborhood Compatibility, consistent with General Plan Policy LU-2.03. Neighborhood Compatibility, which states We require that commercial projects abutting residential neighborhoods be designed and operated to protect residents from the effects of noise, light, odors, vibration traffic, parking and other operational impacts ;
3. The project would reflect the Spanish architecture required by the Architectural Overlay (per Section 17.56.020.A.3.a of the SCMC and Urban Design Element Policy 5.07, which states
remodels may utilize either Spanish Colonial Revival or other Spanish Architecture on North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5, per the Design Guidelines. Spanish design elements are incorporated into the project with the use of stucco walls, arched openings, inset windows, Spanish tile roof, tower elements, arched elements, and wood eaves; and
B. The proposed project complies with zoning regulations, in that:
1. The project complies with all development standards of the NC2 Zone, including height, setbacks, lot coverage, floor area ratio and landscaping;
2. The required parking for the project is being accomplished through off-site shared parking between the different uses at the site and the parking lot at Bonita Park parking lot 150 feet from the subject property.
C. The proposed project is consistent with the City's Design Guidelines, in that:
1. The project would reflect the Spanish architecture required by the Architectural Overlay (per Section 17.56.020.A.3.a of the SCMC and Urban Design Element Policy 5.07
may utilize either Spanish Colonial Revival or other Spanish Architecture on North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5, per the Design Guidelines. ) with the incorporation of Spanish design elements, as identified in Section IV.G of the Design Guidelines, are incorporated into the project with the use of tower elements, stucco walls, arched openings, inset windows, Spanish tile roof, and wood eaves.
2. The arched hallway and openings on the front and rear elevations reflect The building components are
Resolution No. PC 24-012 Page 4
3. The project provides articulation on each building elevation through the use of tower elements, 4/12 sloped roof, and a covered arched hallway at the entry to be consistent with Design Guidelines DG.II.B.3 and DG.II.C.3.b, Design buildings to be compatible in scale, mass and form with adjacent structures and the pattern of development for the commercial area and carefully design rear and side facades to be compatible with the principal facades of the building (DG.II.B.3.), and avoid long and unrelieved wall plane
D. The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity, in that:
1. The project is subject to all applicable California Building Code and Orange County Fire Authority standards.
E. The proposed project is in character and compatible with the properties in the neighborhood, in that:
1. The subject neighborhood consists of commercial properties that line North El Camino Real with a mix of architectural styles that include a variety of elements, such as, but not limited to, one and two stories, wide and narrow building footprints, roof styles and pitches, building materials and forms, color palettes, front yard sizes and elements, and driveway depths. the structure complies with the NC2 development standards by complying with the maximum height of 33 feet and two stories.
2. standards and the
enhancement of the Spanish design will ensure its compatibility with the properties in the neighborhood; and
F. The proposed project complies with the purpose and intent of the Architectural Overlay District, in that:
1. The project would reflect the Spanish architecture required by the Architectural Overlay (per Section 17.56.020.A.3.a of the SCMC and Urban Design Element Policy 5.07
may utilize either Spanish Colonial Revival or other Spanish Architecture on North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5, per the Design Guidelines. ) with the incorporation of Spanish design elements, as identified in Section IV.G of the Design Guidelines, are incorporated into the project with the use of tower elements, stucco walls, arched openings, inset windows, Spanish tile roof, and wood eaves.
G. The proposed project/use preserves and strengthens the pedestrianorientation of the district and/or San Clemente's historic identity as a Spanish village, in that:
Resolution No. PC 24-012 Page 5
1. towers, arches, white stucco, red terra cotta tile roof, and full arches to comply with the General Plan Urban Design Element Policy 5.07 which states
Spanish Colonial Revival or other Spanish Architecture on North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5, per the Design Guidelines. 2. The front elevation with the arched hallway and openings reflect Design into parts scaled 3. The structure steps with the topography and from the rear/alley elevation the structure is only viewed as one story.
Section 4. Minor Conditional Use Permit Findings
With respect to Minor Conditional Use Permit (CUP) 22-430, the Planning Commission finds as follows:
A. The proposed use is permitted within the subject zone pursuant to the approval of a Minor Conditional Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.
1. The current religious use and shared parking was established with CUP13- 190 in 2013 to accommodate the mix of uses that operate in the facility at different times.
2. The proposed expansion of the religious facility complies with the applicable development standards for the NC2 zoning district in that project complies with the required setbacks, height, lot coverage, floor area ratio, and landscape coverage.
3. The request for off-site parking is consistent with General Plan Policy LU10.11. Parking Opportunities, w parking standards, provision of public parking spaces and incentives, we ensure adequate parking for residents, employees , and Policy LU-10.12 Shared Parking, which states
shared parking facilities and shared parking management techniques'' in that the use of off-site and shared parking allows the different operations/uses within the building to utilize the parking available on-site and when increased parking is required for Saturday Shabbat Services from 9:30 am to 11:30 am. If more than seven vehicles of congregants drive, the additional members are able to utilize the nearby Bonita Park parking lot to provide additional parking for members. The shared and off-site parking allows the mix of uses to operate without requiring an excess or parking onsite for the one religious service use which is limited to Saturdays from 9:30 am to 11:30 am.
Resolution No. PC 24-012 Page 6
4. There should be no parking demand for Saturday Shabbat Service because the Jewish Sabbath prohibits work on Saturdays, which includes driving/riding in cars or utilizing other forms of transportation; therefore, the required off-site parking should not be needed; however, the applicant is proposing the off-site parking agreement to accommodate the zoning code parking demand for religious uses.
B. The site is suitable for the type and intensity of use that is proposed.
1. The proposed expansion of the Chabad Jewish Center complies with all of the applicable NC2 development standards and maintains the existing
2. The continuation of the shared parking for the facility under CUP13-190 allows the religious facility to operate efficiently without providing an excess of parking on-site for Saturday Shabbat Services from 9:30am to 11:30am.
3. The project includes off-site parking to accommodate the 68 congregants that will participate in the highest demand parking use for the religious facility which is on Saturday mornings and is supported by General Plan Policy LUcombination of parking standards, provision of public parking spaces and incentives, we ensure adequate parking for residents, employees and -site parking is only required for Saturday Shabbat
Services from 9:30am to 11:30am.
C. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.
1. The proposed remodel and addition of the Chabad Jewish Center complies with all of the applicable development standards for the NC2 zoning district.
2. The project will be review to ensure compliance with the Building Code and OCFA requirements to ensure all users of the facility are safe, and adjacent uses and properties are not impacted.
D. The proposed use will not negatively impact surrounding land uses.
1. The project does not involve a change of use but an expansion of the building and improved architectural design. The existing operations of the religious facility have not resulted in any impacts to the adjacent uses.
2. The project is conditioned to have the windows and doors closed during Shabbat Services to ensure there will not be the potential to generate noise that would level.
3. The project is conditioned to limit the Saturday service to seating for 68 participants to not exceed the available on-site and off-site parking Resolution No. PC 24-012 Page 7
requirements.
Section 5. Planning Commission Approval.
Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente Planning Commission approves Amended Development Permit (AM DP) 20-399 and a Conditional Use Permit (CUP) 22- 430, Chabad Jewish Center, subject to the Conditions of Approval set forth in Exhibit A, which is fully incorporated herein.
PASSED AND ADOPTED at a regular meeting of the City of San Clemente Planning Commission on June 5, 2024.
___________________________________ Chair
CERTIFICATION:
I HEREBY CERTIFY this Resolution was adopted at a regular meeting of the City of San Clemente Planning Commission on June 5, 2024, carried by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: _______________________________________ Secretary of the Planning Commission Resolution No. PC 24-012
EXHIBIT A
4891-2239-8914 v2
CONDITIONS OF APPROVAL
AMENDMENT TO DEVELOPMENT PERMIT 20-399 AND CONDITIONAL USE PERMIT 22-430, CHABAD JEWISH CENTER
1.0 GENERAL CONDITIONS OF APPROVAL 1.1 Within 30 days of receipt of the signed conditions of approval, the applicant shall submit to the City Planner a signed
acknowledgement concurring with all conditions of approval on a form to be provided by the City, unless an extension is granted by the City Planner.
Planning
1.2 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, e
fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner, Zoning Administrator, or City employees or environmental finding. Applicant shall pay all costs upon request by the City. 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 at the to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
Planning
1.3 Use and development of this property shall be in substantial conformance with the approved plans and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with Zoning Ordinance Section 17.12.180.
Planning
1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted
ordinances, and state laws.
All
1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.
Code
Comp
Resolution No. PC 24-012 Page 2
Exhibit A
4891-2239-8914 v2
1.6 Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.
Planning
4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS 4.1
4.2 4.3
4.4 4.5
The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.
In the event the project valuation is $50,000 or more per Municipal Code 12.08, the applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:
A. Sidewalk, including construction of compliant sidewalk along the property frontage and around obstructions such as the drive approach to meet current City standards (2% cross fall) when adequate right-of-way exists, unless a waiver is applied for and approved by the City Manager.
Since the street right-of-way along the alley is only 20 feet wide, an easement would be required to install sidewalk along this frontage, but it is anticipated that a waiver will be granted due to conflicts with existing private improvements..
B. Contractor shall replace any damaged street improvements resulting from construction activities to the satisfaction of the City Inspector. Additionally, projects with valuations of $50,000 or more are required to repair any existing damage to the sidewalk area.
(SCMC Chapter 15.36 and Sections 12.08.010, and 12.24.050) Prior to the issuance of a building permit the applicant shall obtain approval from the City Council to enter into a lease agreement with the City for the use of 10 parking spaces in Bonita Park parking lot.
The applicant shall demonstrate to the City Planner that the project has secured approval from the California Coastal Commission.
The building permit plans shall incorporate additional details into the elevations including bird stops, mortar packing, and gutters.
Planning
Public
Works
Planning
**
Planning
Planning
**
5.0 PRIOR TO FINAL INSPECTION 5.1
5.2 The applicant shall submit, and must obtain approval from the City Planner, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans.
The applicant shall submit, and must obtain approval from the City Planning
Planning
Resolution No. PC 24-012 Page 3
Exhibit A
4891-2239-8914 v2
5.3 Planner, a letter from a registered landscape architect confirming that parkway trees have been planted and staked according to the approved landscape plans.
Surveys
Prior to approval of the framing inspection, the applicant shall submit, and must obtain approvals from the City Planner and Building Official, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the height of all structures conforms to the dimensions set forth on the approved plans.
Planning
Building
Landscaping
5.5 The applicant shall submit, and must obtain approval from the City Planner, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans.
Planning
Surveys 5.8 Prior to approval to pour foundations, the applicant shall submit, and must obtain approvals from the City Planner and Building Official, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the building foundations conform to the required setbacks as set forth on the approved plans.
Planning
Building
7.0 OPERATIONAL CONDITIONS OF APPROVAL OPERATIONAL CONDITIONS OF APPROVAL 7.1
7.2 All exterior windows and doors shall remain closed when live entertainment (including religious music and performances) is being conducted.
If the use or operations of the religious facility changes and would result in an increase in parking demand for the use and/or property, including an increase of congregants who drive to Shabbat services on Saturday, the applicant shall obtain an amendment to CUP22- 430.
Code
Comp
Planning
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* Denotes a modified Standard Condition of Approval
** Denotes a project-specific Condition of Approval
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ATTACHMENT
ATTACHMENT 4
General Plan Consistency
Policies and Objectives Consistency Finding
Land Use Primary Goal 8: Provide a diversity
of land use areas that complement one
another and are characterized by differing
Consistent. The expansion of the Chabad
Jewish Center continues the diversity of the
uses commercial and residential uses in
North El Camino Real Area with its Saturday
service, religious studies, and Sunday
Hebrew School.
Land Use Element Policy LU-6.02, New
Private and Non-profit Uses: allow
compatible private and nonprofit recreation,
cultural, educational, institutional, and health
and social services and other similar uses in
areas designated for commercial or business
Consistent. The expansion of the Chabad
Jewish Center continues the diversity of the
North El Camino Real Area with Saturday
service, religious studies, and Sunday
Hebrew School. The use has been
established for 11 years and proven to be
compatible with the neighborhood.
Land Use Element Policy LU-6.03, Religious
Facilities.
existing and development of new religious
facilities in any land use zone where they are
Consistent. The proposed Chabad Jewish
Center project is the continuation of an
existing religious facility that has proven to be
compatible with the adjacent commercial and
residential uses.
Alternative Parking Strategies M-4.04, We
consider alternative parking strategies that
address multi-modal parking needs, improve
land use efficiency and enhance
environmental quality, such as use of energysaving/generating features, demand-based parking strategies, stacking, alternative
paving, and accommodating multiple uses. Consistent. The parking survey validates the use of a shared and off-site parking strategy
and between the church and City for the use
of parking at Bonita Park operate on Saturday
mornings at offset peak demand periods,
creating an efficient use of the parking
facilities.
Other Spanish Architecture UD-5.07, buildings and major building remodels may utilize either Spanish Colonial Revival or
other Spanish Architecture on North El
Camino Real between West Avenida
Palizada and Calle Los Bolas, and on South
El Camino Real between Avenida Rosa and
Interstate-5, per the Design Guidelines
Consistent. The project would incorporate
Spanish architecture required by the
Architectural Overlay as identified in Section
IV.G of the Design Guidelines, with the use of
tower elements, stucco walls, arched
openings, inset windows, Spanish tile roof,
and wood eaves
DAY CHABAD SURVEY TIME CHABAD # CARS B&GC SURVEY TIME B&GC # CARS Monday 2/6 6:00 PM 4 6:00 PM 0
Tuesday 2/7 9:00 AM - 4:00 PM 0 11:00 AM 3
Thursday 2/9 9:00 AM - 4:00 PM 0 12:00 PM 2
Saturday 2/11 10:00 AM 5 10:00 AM 10
Sunday 2/12 11:00 AM 6 10:00 AM 4
Monday 2/13 6:00 PM 5 6:00 PM 0
Tuesday 2/14 9:00 AM - 4:00 PM 0 11:00 AM 2
Thursday 2/16 9:00 AM - 4:00 PM 0 12:00 PM 4
Saturday 2/18 10:00 AM 7 10:00 AM 0
Sunday 2/19 11:00 AM 6 10:00 AM 4
Chabad Parking Survey 2/4 - 2/19
A
Design Review Subcommittee (DRSC)
Meeting Date: December 14, 2022
PLANNER: John Ciampa, Senior Planner
SUBJECT: Amendment to Site Plan Permit (AM SPP) 20-399, Cultural Hertiage Permit (CHP) 22-429, and Conditional Use Permit (CUP) 22-430, Chabad Jewish Center Addition and
Remodel, 1306 N. El Camino Real: A request for a 1,479
square foot addition, remodel, and off-site parking for an existing institutional structure.
BACKGROUND:
The project site is an interior lot located at 1306 North El Camino Real in the Neighborhood Commercial Zoning District, Coastal Zone, Architectural and Affordable Housing Overlays (NC2-A-AH-CZ). See Attachment 1 for a location map. The site is developed with a 3,496 square foot institutional building with a Spanish design occupied by the Chabad Jewish Center. The religious facility conducts evening Bible study during the week, Saturday services, and Hebrew school on Sunday. The surrounding land uses include a hotel, office, and a mixed-use development to the north, multi-family residential uses to the south and west, and vacant land to the east.
In 2013, the Chabad Jewish Center obtained approval of a Conditional Use Permit (CUP13-190) to occupy the building and operate a religious use, school/tutoring (operated by the County of Orange). As part of the CUP, they obtained approval for shared parking to address the various uses at the site. Since the 2013 approvals, the facility is no longer operating the school/tutoring classes.
The project proposes a major remodel to the first and second floor, 1,479 square foot addition, and the conversion of the six garage parking spaces for the new sanctuary and a mezzanine for mechanical equipment. The project would result in the expansion of the building to 6,660 square feet. The updated façade would reflect the Spanish architecture required by the Architectural Overlay (per Section 9.56.020.A.3.a and Urban Design Element Policy 5.07). Spanish design elements, as identified in Section IV.G of the Design Guidelines, are incorporated into the project with the use of stucco walls, arched openings, inset windows, Spanish tile roof, and wood eaves.
Figure 1: Rendering Perspective from N. El Camino Real
RECOMMENDATIONS:
design guidelines and Architectural Overlay District goals. Staff and the applicant seek DRSC feedback on the proposed design and a determination on whether the project may be forwarded to the Zoning Administrator for a public hearing.
Attachments:
1. Location Map
2. Site Photographs
3. Staff Recommendations
4. Development Plans