DATE: October 1, 2014 CITY OF RANCHO SANTA MARGARITA PLANNING COMMISSION STAFF REPORT TO: City of Rancho Santa Margarita Planning Commission FROM: Raynald F. Pascua, Interim Development Services BY: Cecilia Gallardo, Project Planner -r / SUBJECT: Request to Approve Planning Application RSM 14-019 Including a Categorical Exemption and a Conditional Use Permit to Establish a Vocal Studio Located at 30245 Tomas, Rancho Santa Margarita, California 92688 Recommendation 1. Receive staff presentation and report. 2. Commission questions of staff. 3. Open public hearing. 4. Receive public testimony. 5. Close the public hearing. 6. Commission discussion and deliberation. 7. Adopt Resolution entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, APPROVING PLANNING APPLICATION RSM 14-019 INCLUDING A CATEGORICAL EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND A CONDITIONAL USE PERMIT TO ESTABLISH A VOCAL STUDIO LOCATED AT 30245 TOMAS, RANCHO SANTA MARGARITA, CALIFORNIA 92688 Background/Discussion EXECUTIVE SUMMARY The Applicants, Pete and Lynn Semelsberger, have submitted Planning Application RSM 14-019 for a Conditional Use Permit (CUP) to establish a vocal studio within an existing 5,720 square foot free-standing building within the Saddleback Tomas Business 10/01114 Item 4.1
Transcript
DATE: October 1, 2014
CITY OF RANCHO SANTA MARGARITA PLANNING COMMISSION
STAFF REPORT
TO: City of Rancho Santa Margarita Planning Commission
FROM: Raynald F. Pascua, Interim Development Services Director?~ BY: Cecilia Gallardo, Project Planner -r/ SUBJECT: Request to Approve Planning Application RSM 14-019 Including a
Categorical Exemption and a Conditional Use Permit to Establish a Vocal Studio Located at 30245 Tomas, Rancho Santa Margarita, California 92688
Recommendation
1 . Receive staff presentation and report. 2. Commission questions of staff. 3. Open public hearing. 4. Receive public testimony. 5. Close the public hearing. 6. Commission discussion and deliberation. 7. Adopt Resolution entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, APPROVING PLANNING APPLICATION RSM 14-019 INCLUDING A CATEGORICAL EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND A CONDITIONAL USE PERMIT TO ESTABLISH A VOCAL STUDIO LOCATED AT 30245 TOMAS, RANCHO SANTA MARGARITA, CALIFORNIA 92688
Background/Discussion
EXECUTIVE SUMMARY
The Applicants, Pete and Lynn Semelsberger, have submitted Planning Application RSM 14-019 for a Conditional Use Permit (CUP) to establish a vocal studio within an existing 5,720 square foot free-standing building within the Saddleback Tomas Business
10/01114 Item 4.1
RSM 14-019 Vocal Point Studios October 1, 2014 Page 2
Park located at 30245 Tomas. The business would operate under the name Vocal Point Studios. The building is located in the Business Park (BP) Zoning District. The BP Zoning District is consistent with the City's General Plan Business Park land use designation.
Pursuant to Section 9.03.090 (Business Park District) of the Rancho Santa Margarita Zoning Code (RSMZC), the proposed use (i.e., vocal studio) is classified as a commercial recreation use, which is subject to a CUP in the BP Zoning District. Section 9.08.110 (Conditional Use Permit) of the RSMZC states that the authority to approve or deny a CUP rests with the Planning Commission, including the adoption of the environmental determination for the proposed project.
In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15301, staff recommends that the Planning Commission determine that the proposed project is exempt from CEQA under the Class 1 categorical exemption, since the proposed project involves the leasing of an existing private office and warehouse building for use as a vocal studio involving no expansion of the building footprint beyond the existing area. Furthermore, all necessary public services and facilities are already available to the proposed project site and approval of the proposed project would not result in significant adverse effects relating to traffic, noise, parking, air quality, or water quality. A copy of the proposed Notice of Exemption has been included as Attachment 2.
Staff has prepared the required findings demonstrating the application is in conformance with the Rancho Santa Margarita General Plan and Zoning Code. Given the analysis contained in this report, staff recommends that the Planning Commission approve the proposed project, subject to the recommended conditions of approval contained within the proposed Resolution provided as Attachment 1.
PROJECT DESCRIPTION/BACKGROUND
Vocal Point Studios would occupy a 5,720 square foot free-stcmding building within the Saddleback Tomas Business Park. The building is bounded by State Route 241 to the east, Avenida De Las Banderas to the south, a product packaging and labeling business to the north, and a stair and bannister manufacturer to the west. The building is located at the rear portion of the industrial park. A Site Plan showing the location of the building within the industrial park is provided as Attachment 3. There is currently one other commercial recreation use operating within the industrial park, called CUT Fitness. Other tenants within the Saddleback Tomas Business Park include a dog food manufacturing business, a hydraulic filtration equipment business, and a cable/network business.
The proposed use is a vocal studio, where singers, song writers and performers get individual and group instruction and practice to improve their professional skills. Accredited vocal instructors and performance experts provide vocal training, recording,
RSM 14-019 Vocal Point Studios October 1, 2014 Page 3
songwriting, performance and video production, and instruction on creating a presence in the music industry. The studio will offer vocal coaching, song recording, video production, performance sessions, songwriting sessions, marketing sessions, "open mic" nights, and performance recitals.
"Open mic" consists of open mic privileges to current vocal clients only, where the clients have the opportunity to practice their songs and performances in front of other vocal clients. The open mic music is a pre-recorded guitar or piano track. "Open mic" nights would be available to a client once a month, on a Friday or Saturday from 6:00 PM to 9:00 PM only, when the other businesses in the industrial park are generally closed.
Performance recitals would also take place at the vocal studio. Recitals are an opportunity for the family and guests of the vocal client to watch them perform. Recitals would be restricted to 3-5 singers and a small group of family and invited guests. Performance recitals will only occur on Saturday and Sundays, when businesses in the industrial park are typically closed. The Applicant has provided a Letter of Justification that provides greater detail about the proposed business' operations. This correspondence has been included as Attachment 5.
The existing building consists of office and a warehouse space. Staff offices, a break room, vocal practice rooms, a recording studio, and a control room would occupy the existing offices. The warehouse would consist of an open floor plan and be utilized for video production, a stage and lounge area for clients. A large section of the warehouse would be used for video production where controlled lighting and set design would be arranged. Within the warehouse, a portable stage will be erected to give clients the opportunity to sing under stage lights using a monitor. The portable stage will also be used for the performance recitals and "open mic" nights. The use of the stage is only available to clients of the vocal studio and will not be used by other entities. The lounge will consist of couches and chairs to provide clients a space for gathering and relaxing. The proposed floor plan is provided as Attachment 4.
STATEMENT OF THE ISSUES
Issue 1 : Review Process
In order to approve a CUP request, the Planning Commission must hold a public hearing and make the following findings supported by fact: (a) consistency with the General Plan, (b) consistency with the RSMZC, (c) compatibility with surrounding land uses, and (d) that the proposed project would not be contrary to the general welfare of the community. The proposed justification for each finding can be found within the proposed Resolution.
Prior to the public hearing, a public notice was mailed to all property owners within 300 feet of the subject property. In addition, a public notice was posted at City Hall, Orange
RSM 14-019 Vocal Point Studios October 1, 2014 Page4
County Fire Authority (OCFA) Station No. 45, Trabuco Canyon Water District Headquarters, on the City's website, and at the proposed project site. Also, a public notice was published in the September 22, 2014 editions of the Orange County Register and the Coto de Caza News.
The following agencies/departments were given an opportunity to comment on the proposed project: the Building and Safety Division, Police Services, Public Works, Traffic Engineering, and the OCFA. Staff received comments for specific conditions from the OCFA. The OCFA required that architectural building plans be submitted for review and approval to ensure the proposed facility complies with local fire regulations. Condition of Approval (No. 18) has been added to the proposed Resolution to address this requirement. In addition, several standard conditions typically applied to this type of use are also included in the Resolution. The Applicant has reviewed the conditions of approval and is willing to comply with these conditions.
Issue 2: Parking and Circulation
Parking has been reviewed based on the stated amount of available parking spaces and the parking demand and requirements for a commercial recreation use. Based on the RSMZC commercial recreation use parking standard [calculated at one (1) parking space per three (3) students and one (1) parking space per employee], adequate parking is available for normal daily activities based on the building layout, use, and general description of the number of clients and employees.
The building for the proposed studio has 16 parking spaces; one of these is a handicap space. It is anticipated that there will be approximately 3-4 staff at the location. A significant percentage of the vocal studios clients are expected to be in junior high and high school between the ages of 11-17. This requires that most clients get dropped off and picked-up. Based on client schedules, the peak hours of business for the vocal studio is anticipated to occur in the early evening, after the surrounding businesses have closed.
Based on the number of parking spaces for the business and the parking requirements of the zoning code, occupancy for the vocal studio will be limited to four (4) employees and 36 clients. "Open Mic" night would occur on Friday and Saturday nights and performance recitals would occur on Saturdays and Sundays when all other businesses in the industrial park are closed. It is expected that these performance events would stay within the occupancy limits. If any overflow parking is anticipated on the weekend, the studio will coordinate with the neighboring tenants of the business park and direct guests to park on Tomas to further reduce any parking concerns. In order to accommodate any additional parking demand, a Condition of Approval (No. 10) has been added to the Resolution requiring that the vocal studio secure written permission from adjacent tenants to utilize their available parking spaces in the event that the occupancy restriction is exceeded.
RSM 14-019 Vocal Point Studios October 1, 2014 Page 5
Issue 3: Noise
Vocal Point Studios is a professional vocal studio where vocal recording and vocal performances will take place. As shown in the floor plan, the current office spaces will be used as recording space and vocal practice rooms. Within the warehouse portion of the building, video production and stage performances will take place, including "open mic" night and performance recitals. The studio will operate in a free-standing building located in the rear portion of the industrial park. The building backs up to State Route 241 Toll Road and Avenida De Las Banderas. All business will be conducted within the stand-alone building with the doors closed to minimize noise. In addition, the building is concrete tilt-up construction and is anticipated to contain the sounds generated by the proposed use.
As a result, staff does not anticipate noise concerns with the proposed use since the studio location is bounded on two sides by roadways, and all vocal sessions will be conducted indoors. It is important to note that noise levels within the BP Zoning District are subject to Chapter 5.04 (Noise Control) of the Rancho Santa Margarita Municipal Code (RSMMC). Consequently, should the noise levels from the facility exceed the noise standards specified in Chapter 5.04, the facility would be subject to immediate noise abatement in accordance with Chapter 5.04.
Issue 4: Compatibility
Surrounding uses in the vicinity of the proposed vocal studio consist of office and light industrial uses, and one other commercial recreation use. The studio will operate in a free-standing building located at the rear of the Saddleback Tomas Business Park. The subject site backs up to State Route 241 Toll Road and Avenida De Las Banderas. Across Avenida De Las Banderas is an industrial park development.
Based on the Applicant's clients, the peak hours of business for the vocal studio is anticipated in the early evening, after the surrounding businesses have closed. Furthermore, the subject site is not located near any residential land uses. Therefore, the proposed instruction schedule, distance from residential land uses, and isolated location of the office/warehouse building would ensure the proposed use operates in harmony with surrounding land uses. However, if concerns regarding noise should arise in the future, Condition of Approval (No. 15) has been added to the proposed Resolution that allows the Development Services Director to refer the CUP back to the Planning Commission to consider additional conditions, amended conditions, or revocation. Additionally, Condition of Approval (No. 3) and Condition of Approval (No. 9 and No. 1 0) have been added to the proposed Resolution, which would require an amendment to the CUP should the Applicant have a change in use or operation.
RSM 14-019 Vocal Point Studios October 1, 2014 Page 6
Issue 5: Commercial Recreation Uses in the Business Park Zoning District
Section 9.3.090.b(5) of the RSMZC states that the combined total of the gross square footage for commercial recreation uses within the BP Zoning District shall be limited to 175,000 square feet of the overall usable building square footage in the District. In the City, 129,819 square feet of usable building square footage is used for commercial recreation uses within the BP Zoning District. The addition of this use would bring the total to approximately 135,539 square feet, which is below the maximum 175,000 square feet of usable building square footage allowed in the BP Zoning District. Therefore, the proposed use would satisfy conditions established under this provision in the RSMZC.
SUMMARY
Based on the foregoing discussion, application for a CUP to establish a vocal studio, located at 30245 Tomas, is consistent with the City's General Plan and the RSMZC. Therefore, staff recommends that the Planning Commission approve Planning Application RSM 14-019, subject to the proposed conditions of approval contained within the proposed Resolution.
Alternatives Considered
The Planning Commission could:
1. Determine the findings cannot be made to approve the proposed CUP and deny the application; or
2. Approve proposed Planning Application RSM 14-019 with amended conditions of approval.
Fiscal Impact
The costs associated with processing this application are paid through a deposit provided by the Applicant. As a result, there would be no fiscal impacts to the City's General Fund.
2. Proposed Notice of Exemption 3. Vicinity Map 4. Floor Plan 5. Letter of Justification dated July 28, 2014
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, APPROVING PLANNING APPLICATION RSM 14-019 INCLUDING A CATEGORICAL EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND A CONDITIONAL USE PERMIT TO ESTABLISH A VOCAL STUDIO LOCATED AT 30245 TOMAS, RANCHO SANTA MARGARITA, CALIFORNIA 92688
WHEREAS, on May 8, 2000, the City of Rancho Santa Margarita Planning Commission approved the Saddleback Tomas Business Park; and
WHEREAS, on December 19, 2002, the City of Rancho Santa Margarita adopted the Rancho Santa Margarita General Plan; and
WHEREAS, on May 11, 2007, the City of Rancho Santa Margarita Zoning Code (RSMZC) went into effect; and
WHEREAS, the Applicants, Pete and Lynn Semelsberger, have submitted Planning Application RSM 14-019 for a Conditional Use Permit (CUP) to establish Vocal Point Studio, a commercial recreation use, within an existing 5,720 square foot building located at 30245 Tomas, Rancho Santa Margarita, California 92688; and
WHEREAS, Planning Application RSM 14-019 is considered a "project" pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission finds that the project is categorically exempt from CEQA per Section 15301 of the CEQA Guidelines (14 Cal. Code Regs. Section 15301 ); and
WHEREAS, a public notice was mailed to all property owners within 300 feet of the subject property and was posted on September 22, 2014 at City Hall, Orange County Fire Authority (OCFA) Station No. 45, Trabuco Canyon Water District Headquarters, on the City's website, at the proposed project site, and published in the Orange County Register on September 22, 2014; and
WHEREAS, the Planning Commission of the City of Rancho Santa Margarita has considered information presented by the Applicant, City Staff, and other interested parties at a Public Hearing held on October 1, 2014.
Attachment 1
NOW, THEREFORE, the Planning Commission of the City of Rancho Santa Margarita DOES HEREBY RESOLVE as follows:
SECTION 1. Environmental Documentation.
Pursuant to CEQA Guidelines Section 15301, the proposed project is exempt from CEQA under the Class 1 categorical exemption since the proposed project involves the leasing of an existing private structure involving no expansion of the building footprint beyond the existing area. Furthermore, all necessary public services and facilities are already available to the proposed project site. Lastly, approval of the proposed project will not result in significant adverse effects relating to traffic, noise, parking, air quality or water quality.
SECTION 2. Pursuant to Section 711.4 of the California Fish and Game Code, this project is exempt from the required fees, as it has been determined that no adverse impacts to wildlife resources will result from the proposed project.
SECTION 3. The proposed project will not have a significant unmitigated impact upon Coastal Sage Scrub habitat and; therefore, will not have an impact on any sub-regional Natural Communities Conservation Planning (NCCP) Program.
SECTION 4. In accordance with Section 9.08.11 O(f)(1) of the RSMZC, the following findings for approving a CUP for Planning Application RSM 14-019 are made:
(A) GENERAL PLAN
Finding: That the use proposed will be consistent with the objectives. policies and general land uses and programs specified in the City's General Plan.
The proposed use is to be located within an existing building and within an industrial park, designated Business Park in the Rancho Santa Margarita General Plan. The Business Park land use designation provides for service commercial, retail commercial, office, light industrial, open space, and community facilities. Specifically, the use is consistent with the following Land Use Element policy of the General Plan:
Land Use Element Policy 1. 2: Encourage high-quality commercial activities in the community that improve access to essential services and entertainment opportunities.
The proposed commercial recreation use will provide vocal training, recording, songwriting, video production and performance opportunities within an existing business park. This location will assist in expanding vocal and performance training opportunities available to meet the community's needs.
(B) ZONING
Finding: That the proposed Conditional Use Permit is consistent with the provisions of the Rancho Santa Margarita Zoning Code.
The use, operation, and improvements proposed, subject to certain conditions, are consistent with the provisions of the Business Park (BP) Zoning District and all other RSMZC regulations applicable to the project site. Establishing the vocal studio requires no interior improvements within an existing stand-alone building and a sufficient amount of parking is provided for the type of conditionally permitted use being proposed.
(C) COMPATIBILITY
Finding: That the location, size. design, and operating characteristics of the proposed Conditional Use Permit will not create unusual noise. traffic or other conditions or situations that may be objectionable. detrimental. or incompatible with other permitted uses in the vicinity.
The vocal studio will be located in a stand-alone building within an existing industrial park where site access, parking, and other improvements have already been made, and will not be modified by the proposed use. The amount of parking provided and available on site is sufficient for the proposed use without impact to the other existing uses in the shopping center. To ensure this, a condition has been added to the CUP that limits the number of employees/instructors and clients during normal business hours so as not to exceed the parking demand for the site. Based on the proposal, the proposed use will not be disruptive to neighboring and surrounding businesses.
(D) GENERAL WELFARE
Finding: That the orooosed Conditional Use Permit will not result in conditions or circumstances contrary to the public health and safety and the general welfare.
The project will be developed in conformance with the RSMZC and will be subject to conditions of approval, ensuring that its operations alleviate any potential concerns related to public health and safety and the general welfare.
SECTION 5. Based on the above findings, the Planning Commission of the City of Rancho Santa Margarita DOES HEREBY APPROVE Planning Application RSM 14-019 subject to the following Conditions of Approval:
Standard Conditions of Approval
*Unless the context dictates otherwise. whenever the term "this Permit" is used in the following Conditions of Approval, it shall collectively refer to the Conditional Use Permit (CUP) approved pursuant to this Resolution.
**The following Conditions of Approval shall be binding on and enforceable against. and. whenever used herein. the term "Applicant" shall mean and refer to. each of the following: the project Applicant. Vocal Point Studios. the owner(s) and tenants(s) of the property. and each of their respective successors and assigns.
Condition 1: Zoning Regulations
This Permit constitutes approval of the proposed project only to the extent that the project complies with the RSMZC and any other applicable zoning regulations. Approval does not include any action or finding as to compliance of the project with any other applicable ordinance, regulation or requirement.
Condition 2: Time Limit
This Permit is valid for a period of 12 months from the date of final determination. If the project approved by this Permit is not established within such a period of time, this Permit shall be terminated and shall be null and void.
Condition 3: Precise Plan
Except as otherwise provided herein, this Permit is approved as a precise plan as set forth in the site plan approved through Planning Application RSM 14-019. After this Permit has been approved, if any changes are proposed regarding the location or alteration of any use or structure, an amendment of this Permit is required for approval. Minor changes may be approved by the Development Services Director at his/her discretion.
Condition 4: Compliance
Failure to abide by and faithfully comply with any and all conditions attached to this Permit shall constitute grounds for the modification or revocation of this Permit by the City of Rancho Santa Margarita Planning Commission.
Condition 5: Indemnification
To the fullest extent permitted by law, the Applicant shall, at its sole cost and expense, protect, defend, indemnify, and hold harmless the City, its elected and appointed officers and officials, employees, agents, departments, agencies, authorized volunteers, consultants, boards, commissions, and committees, and instrumentalities thereof ("lndemnitees"), from and against any and all claims, liabilities, losses, fines, demands, penalties, lawsuits, writs of mandamus, and any other claims or actions or proceedings of any kind whatsoever (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures), judgments, orders and decisions (collectively "Claims" and "Actions"), brought against the lndemnitees, which seek to attack, challenge, modify, set aside, void, or annul any action of or any permit or
approval issued by the lndemnitees (including actions approved by the voters of the City) for, in connection with, or concerning the approval of this Permit. It is expressly understood and agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the defense of the lndemnitees for the Claims and Actions, and that the Applicant shall promptly reimburse the City for all costs and expenses directly and necessarily incurred by the City in the course of the defense, including reasonable attorneys' fees. The City shall promptly notify the Applicant of any Claims and Actions brought against the lndemnitees and shall cooperate in the defense of any such Claims and Actions. If the Applicant fails to so defend the Claims and Actions, the City shall have the right but not the obligation to do so and, if it does, the Applicant shall promptly pay the City's full cost thereof.
Condition 6: Protest
Pursuant to Government Code Section 66020, the Applicant is informed that the 90 day period in which the Applicant may protest the fees, dedications, reservation or other exactions imposed on this Permit has begun.
Condition 7: Payment of Fees
The Applicant is responsible for paying all charges related to the processing of this Permit within 30 days of the issuance of the final invoice or prior to the issuance of building permits for the project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this Permit.
Condition 8: Acceptance of Conditions
This Permit shall not become effective unless and until the Applicant provides written acknowledgement to the Development Services Director that they have received a copy of, and accepted these conditions of approval. The signed acknowledgment and approval must be provided to the City within 14 days of final approval of this Permit.
Development Services Conditions of Approval
Condition 9: Change in Existing Use
The CUP authorized is for the operation of a vocal studio operating under the name Vocal Point Studios to provide vocal coaching, song recording, video production, performance sessions, songwriting sessions, marketing sessions, "Open Mic" nights, and performance recitals. As determined by the Development Services Director, any significant physical change, modification, intensification or expansion of the use shall require an amendment of this Permit. All such occupancy of the use shall be in conformance with the limitations of Condition of Approval No. 10 as stated herein.
Condition 1 0: Maximum Number of Occupants
The number of occupants in the facility at any one time shall be limited to a maximum of four (4) employees/instructors and thirty-six (36) clients. If the occupancy restriction is exceeded due to an event or performance such as "open mic" night or a recital, the Applicant is required to secure a written agreement with the adjacent business park tenants to utilize their available parking to accommodate the overflow parking demand. As determined by the Development Services Director, any substantial change, modification, or expansion in the number of occupants shall require an amendment of this Permit.
Condition 11: Expiration of Conditional Use Permit
This Permit shall expire and be of no further force or effect if the use is discontinued or abandoned for a cumulative period of 90 days within a one-year period, unless the time period applicable to abandonment of uses by cessation is changed by Ordinance, in which case the period set forth in the Ordinance shall apply.
Condition 12: Final Plan Review of Site Plan and Elevations
Prior to issuance of a building permit or Certificate of Use and Occupancy, whichever occurs first, the Applicant shall submit a final site plan and floor plan to the Development Services Department for administrative review and approval.
Condition 13: Building Permits
Notwithstanding the approval of this Permit, all necessary building permits must be obtained from the Development Services Department. The Applicant shall pay any and all fees due prior to the issuance of building permits.
Condition 14: Certificate of Use and Occupancy
Prior to occupancy, the Applicant shall apply for and obtain a Certificate of Use and Occupancy that has been reviewed and approved by the Development Services Department.
Condition 15: Public Disturbance Complaints
In the event of noise or other public disturbance complaints in connection with this Permit, the Development Services Director shall investigate and, if significant public disturbance complaints are found to exist, including noise emanating from the Applicant's establishment that substantially and adversely impacts one or more properties, or that substantially and adversely increases the ambient noise levels in the vicinity above levels existing without the project, the Development Services Director may bring this Permit back to the Planning Commission to consider additional conditions, amended conditions, or permit revocation.
Condition 16: Time Interval In Between Classes
There shall be a minimum of 15 minutes in between the end of one group class and the beginning of the next group class.
Orange County Fire Authority (OCFA) Conditions of Approval
Condition 17: Architectural Building Plans
Prior to the issuance of a building permit, the Applicant shall submit architectural plans for review and approval of the OCFA when required by the OCFA "Plan Submittal Criteria Form."
PASSED, APPROVED AND ADOPTED this 1st day of October 2014. Unless an appeal is filed by 5:00p.m. on October 16, 2014, the decision shall become effective on October 17, 2014.
ATTEST:
MARIA FERRIS, DEPUTY CITY CLERK
STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF RANCHO SANTA MARGARITA
MICHAEL VAUGHN, CHAIR
) ) )
ss
I, Amy Morales, Development Services Secretary of the City of Rancho Santa Margarita, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. adopted by the Planning Commission of the City of Rancho Santa Margarita, California, at a regular meeting thereof, held this 1st day of October 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARIA FERRIS, DEPUTY CITY CLERK
City of Rancho Santa Margarita 22112 El Paseo Rancho Santa Margarita, CA 92688 (949) 635-1800
NOTICE OF EXEMPTION
To: X ....:....!...-- County of Orange Clerk-Recorder 12 Civic Center Plaza, Room 101 Santa Ana, CA 92701
___ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814
Project Title and File Number: Vocal Point Studios (RSM 14-019)
Project Applicant: Pete & Lynn Semelsberger Telephone Number: (949) 285-3381 15 Calellen Court Rancho Santa Margarita, CA 92688
Project Location: 30245 Tomas Rancho Santa Margarita, CA 92688
Project Description: A Conditional Use Permit (CUP) to establish a vocal studio located in the Saddleback Tomas Business Park. The proposed use would offer vocal coaching, song recording, video production, performance sessions, songwriting sessions, marketing sessions, Open Mic "nights", and performance recitals. The proposed use would be limited to a maximum of four (4) employees/instructors and 36 clients.
Public Agency Approving Project: City of Rancho Santa Margarita
Reasons why project is exempt: Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301, the proposed project is exempt from CEQA under the Class 1 categorical exemption since the proposed project involves the leasing of an existing private structure involving no expansion of the building footprint beyond the existing area. Furthermore, all necessary public services and facilities are already available to the proposed project site. Lastly, approval of the proposed project will not result in significant adverse effects relating to traffic, noise, parking, air quality or water quality.
If filed by applicant: N/A 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project?
This request is to open up a vocal recreational studio where aspiring singers, song writers and performers will work together to improve their personal and professional growth. Accredited vocal instructors, performance experts and professionals will help shape and guide clients in the areas of vocal training, recording, songwriting, performance, video production and how to create a presence in the music industry.
The vocal studio will offer:
Vocal Coaching - Coaches work individually with clients to develop their vocal technique, power and style. Voice sessions are a half hour or hour in length.
Song Recording - Clients will have the option to record their song in a state of the art recording studio.
Video Production - Clients can have a video made, highlighting their vocal performance for social media or personal reasons.
Performance Sessions - Clients can choose to attend a group session (or arrange for a oneon-one session) with a professional, accomplished stage performer. Sessions are 1 hour to 3 hours in length on average, with groups averaging between 5-10 clients.
Songwriting Sessions - Clients can attend a group songwriting session or collaborate with a songwriter in a one-on-one session.
Marketing Sessions - Industry experts will provide seminars designed to show clients how to use social media sites to get their music out and viewed by the right people.
Open Mic - Clients who opt for a package that includes open mic privileges will have the opportunity to practice their song in front of other vocal clients. Admittance to open mic night is restricted to "current clients only." The purpose behind open mic night is to have
_____ ..,a.u.n_.au..u ..... dienc.e_o.Uello.w_singers_who_ar:e-all_w.!J.r:ki.ng_o.n-di.ffer-ent-aspects-o.f- thei.r- m.usi.G.-I-n.--- ---1-addition to getting over the fear of performing in front of people, it also provides the client
Attachment 4
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with critical performance feedback. It is a tool designed to help grow the confidence and stage presence of an aspiring singer. Open mic music consists of a pre-recorded guitar or piano track. Open mic nights will be available to a client once a month, always on a Friday or Saturday from 6pm - 9pm, after local businesses have closed.
Studies have shown that when young people have viable, creative places to go during evening hours, especially on the weekends, they are less likely to get into trouble. By creating a "home away from home" for creative, artistic kids within the local community, this studio offers a safe place for them to gather and share the gift of music.
Performance Recitals - Performance recitals are designed to let family and invited guests see the vocal client perform. The warehouse area is small, so recitals will be restricted to 3-5 singers and a small group of family and invited guests. Recitals will always be on Saturday or Sunday when all other businesses in the general area are closed. If we anticipate an overflow parking concern on the weekend, we will coordinate with our neighbors and direct guests to park on Tomas to further reduce any parking concerns.
Even though this stand-alone building is located in the rear portion of an industrial complex and backs up to the toll road, all business will be conducted with the doors closed to minimize noise.
Parking - The location currently has 15 parking spaces and one handicap space. On a normal weekday day/evening, there will be approximately 3-4 staff at the location. A significant percentage of current clients are in junior high and high school between the ages of 11-17, requiring that they get dropped off and picked up. Based on school constraints, our peak hours are in the early evening, after surrounding businesses have closed.
The building will be utilized as follows:
Offices:
1. The room directly in front of the main doors will serve as Lynn Semelsberger's office and conference room.
2. The office immediately to the right will serve as one of the business offices.
3. As you walk through the hallway (from front to back) the first room on the left will continue to be used as a lunch room I break area. The next two rooms will be used as vocal practice rooms.
4. As you walk through the hallway (from front to back) the second and third office on the right will be used as the "Recording Studio" and also as vocal practice rooms when not in use. The larger office will be the "Control Room" and the smaller office will be the "Isolation Booth."
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5. The 4th office on the right will be a business office and the last office on the right will serve as a computer room for staff and clients.
Warehouse:
Videos- A large section of the warehouse will be set up for "Video Production." The ability to control lighting and set design in a large space allows qualified video engineers the opportunity to create a quality video for the clients.
Stage- A portable stage will be erected that will serve several purposes. It will give clients an opportunity to get used to singing under stage lights and using a monitor. It will also serve as platform for small recitals and open mic nights. In order to use the stage, you will be required to be a current client. The stage will not be leased out to bands or other entities.
Lounge - Several couches and chairs will be arranged so that clients can have a relaxing location to sit and discuss ideas with each other, creating a gathering place that focuses on music and singing.
Management Team:
Lynn Semelsberger - 20 years of experience in singing, performance and instruction and has trained with vocal coaches known throughout the world, garnering 135 Grammy award winners. She's currently working with clients ages 5 to 65. For the last 5 years, Lynn has been and is currently the Music Director for the Tijeras Creek Children's Theatre.
Pete Semelsberger - 20 years in law enforcement and is currently a Commander with the Santa Ana Police Department.
Staff I Partners
Through years of experience, high standards, and long relationships with professionals in the industry, Lynn has identified the need for a team of qualified individuals to work together in artist development. The following individuals have worked with Lynn for years and will be significantly involved in the studio:
Michael Upward- Michael Upward is a composer, pianist and musical director who has a Master of Arts in Music Composition. Michael graduated with honors from the University of California Riverside and wrote a Requiem Mass for Chorus, Soloists and Orchestra. His choral compositions have been performed throughout the United States for which he has received numerous awards. He has written over 50 choral compositions, many of which have been published by Maestro Music Press. Michael has written four full-length musicals: The Chosen Door, A King to Me (both produced in Palm Springs) Anne of Green Gables, and Detention! The Musical. He is currently the musical director for the contemporary ensembles at Our Lady Queen and The Ladera Performing Arts.
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Randy Rusk- Has performed music professionally for thirty-four years. His background includes music professor at Saddleback Community College where he taught classes in both song writing and guitar playing. He holds a Bachelor of Arts degree in music composition from the University of California Irvine. He has also attended the Guitar Institute of Technology and studied with jazz guitar legend Ron Eschete.
Tom Keys- Tom is a passionate and dedicated a cappella facilitator, event producer, and music director. He is the executive producer of the Los Angeles A Cappella Festival, Director of Operations for the inaugural A Cappella Academy, and has formerly served as director of the Contemporary A Cappella League (CASA.org). He's currently directing two vocal groups as well as a spiritual center.
Paul Higgins- Paul Higgins - Founder and President of Athletes In Motion, travels to Shanghai, China, to host the KIA World Extreme Games for Fox Sports. For seven consecutive years Paul has hosted the Games in Shanghai, in previous years Higgins worked with ESPN on the same event. Paul also teaches broadcast journalism at Junipero Serra High School in San Juan Capistrano.
Ia ness Sifers- Music Director /teacher at Serra Catholic School in Rancho Santa Margarita and certified vocal coach.
Sam Pablo - Credits include Aladdin in the Hyperion Theatre, Disney California Adventure
Ezra Weis - Has worked on top Disney sets such as Austin and Ally, Jessie, Wizards of Waverly Place, Liv and Maddie, Sonny and Chance and Pair of Kings.
Dan Mckim- A professional songwriter /producer that has been in the industry for over 10 years and has created a deep library of music that is available through publishers like Universal Music Group and distributed in Sample Libraries and Virtual Instruments through Big Fish Audio and Guitar Center.
Ifthere are any further questions, please feel free to contact us at any time.
