ZA Resolution-05-08-04-01_exhibit missing signature pageZA RESOLUTION NO. 05-08-04-1
DEVELOPMENT STANDARDS ADJUSTMENT (DSA) 05-04
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A DEVELOPMENT STANDARDS
ADJUSTMENT TO ALLOW A 2% PARKING REDUCTION FROM
REQUIRED PARKING AND APPROVAL OF AN ADMINISTRATIVE
APPROVAL TO ALLOW CONSTRUCTION OF A 208 SQUARE -FOOT
TRASH ENCLOSURE AT 26701 VERDUGO STREET (ASSESSOR
PARCEL NUMBER 121-141-17) (SARDUCCI'S RESTAURANT).
Whereas, the applicant requests approval of a Development Standards
Adjustment to deviate from Land Use Code Article 5, Section 9-3.535 (Parking), to allow
a reduction in parking requirements by 2 percent and an Administrative Approval to allow
construction of a 208 square -foot, one-story, gated and covered trash enclosure at 26701
Verdugo Street.
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15301 of the California Environmental Quality Act (CEQA), and has issued a
Class 3 (e) (New construction or conversion of small structures) Categorical Exemption, and
caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA
Guidelines; and,
Whereas, Zoning Administrator conducted a noticed public meeting on
August 4, 2005 pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of
the City of San Juan Capistrano does hereby make the following findings:
The requested adjustment is the most practical solution for this project because it
accommodates the construction of a needed commercial trash enclosure and
results in a minimal loss of parking spaces. A 2 percent reduction in required
parking is considered to be a negligible impact.
2. By granting this Development Standards Adjustment and Administrative Approval,
the project will not cause an adverse affect on the adjoining properties and will be
beneficial to the other properties in the vicinity. Conditions have been included to
ensure adequate screening for railway passengers and to promote architectural
compatibility of the trash enclosure with surrounding structures.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves the project subject to the
those conditions of approval included on Exhibit A and incorporated by reference herein
ZA Resolution 05-08-04-1 2 August 4, 2005
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00 p.m. on Friday, August 19,
2005.
PASSED, APPROVED AND ADOPTED this 4th day of August, 2005:
William A. Ramsey, AICP, Zoning
PAPlanning\Archive\DSA-LUA PROJECTS\DSA05-04Trash Enclosure\DSA 05-04-ZA-res-05-8-4-1.doc
RESOLUTION NO: 05-08-04-01
EXHIBIT A
CONDITIONS OF APPROVAL
Project No.: DSA 05-04 Project Name: Sarducci's Trash Enclosure
APPROVAL DATE: August 4, 2005
EFFECTIVE DATE: August 19, 2005
These conditions of approval apply to Development Standards Adjustment (DSA) 05-04
to allow a 2 percent reduction from parking requirements and an Administrative
Approval to allow the construction of a 208 square -foot trash enclosure. Any proposed
change of use or expansion of the area or modifications to the site plan or structures
shall be submitted to the City Planning Department along with the required application
and fee for review. For the purposes of these conditions, the term "applicant" shall also
mean the developer, the owner or any successor (s) in interest to the terms of this
approval.
General Conditions:
1. (DSA) 05-04 is granted to allow a 2 percent reduction in parking
requirements and will result in the replacement of two parking spaces with
a 208 square -foot trash enclosure. This approval is granted based on the
application materials submitted by Guy Edwards on August 7, 2005,
prepared by Harold Larson Structural Design and G.J. Design
Development including site plan, elevations, and floor plan. These plans
and the proposed use of the site are approved as submitted and
conditioned herein, and shall not be further altered unless reviewed and
approved by the affected city departments. Minor modifications to this
approval which are determined by the Planning Director to be in
substantial conformance with the approved site plan, and which do not
intensify or change the use or require any deviations from adopted
standards, may be approved by the Planning Director upon submittal of an
application and the required fee. If not appealed, this approval shall
become effective on the first business day following the fifteenth (15th) day
after the date of the Zoning Administrator's Approval.
2.. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
Zoning Administrator Resolution 05-08-04-1 Conditions of Approval
Development Standards Adjustment (DSA) 05-04 August 4, 2005
Page 2 of 4
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter, The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in -the City.
6. 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.
7. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or
occurring incidental to the establishment or operation.
8. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
9. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions (B&S).
10. Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply
with all construction activities which includes the delivery and/or recovery
of materials, supplies or construction equipment shall be conducted in
accordance with the prescribed hours of operation:
Zoning Administrator Resolution 05-08-04-1 Conditions of Approval
Development Standards Adjustment (DSA) 05-04 August 4, 2005
Page 3 of 4
Monday through Friday 7:00 a.m. to 6:00 p.m.
Saturday 8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official.
11. Orange County Fire Authority (OCFA) Approval. The applicant shall
secure OCFA approval prior to commencement to any building
construction.
12. The applicable building permit plans shall be in substantial compliance
with the Development Standards Adjustment plans subject to review and
approval by the Zoning Administrator.
Special Conditions of Approval
13. The trash enclosure shall be designed consistent with the Design Review
Committee approved preliminary plans as follows:
• The enclosure shall be constructed with slumpstone block for walls,
and corrugated metal roof material reminiscent of historic train
depot buildings. The slumpstone walls will include returns on the
front elevation which could be in the form of corner pilasters.
• Vines should be planted at the sides of the slumpstone walls to
screen the enclosure. Boston ivy is recommended because it will
become established without need for irrigation if planted in January
and hand -watered at first.
• Location of' back wall of enclosure 4 feet from fence line is
acceptable. Concrete apron proposed in front of enclosure should
be dark colored to match adjacent asphalt.
14. Gates shall be maintained in working order and shall remain closed
except when the structure is being serviced.
15. The trash enclosure shall be provided with a floor drain connected to the
City's sanitary sewer system as approved by the Engineering Department.
16. The trash enclosure shall be located along the west side of the parking lot
between the existing handicapped parking spaces and standard spaces.
Zoning Administrator Resolution 05-08-04-1 Conditions of Approval
Development Standards Adjustment (DSA) 05-04 August 4, 2005
Page 3 of 4
Monday through Friday 7:00 a.m. to 6:00 p.m.
Saturday 8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official.
11. Orange County Fire Authority (OCFA) Approval. The applicant shall
secure OCFA approval prior to commencement to any building
construction.
12. The applicable building permit plans shall be in substantial compliance
with the Development Standards Adjustment plans subject to review and
approval by the Zoning Administrator.
Special Conditions of Approval
13. The trash enclosure. shall be designed consistent with the Design Review
Committee approved preliminary plans as follows:
• The enclosure shall be constructed with slumpstone block for walls,
and corrugated metal roof material reminiscent of .historic train
depot buildings. The slumpstone walls will include returns on the
front elevation which could be in the form of corner pilasters.
• Vines should be planted at the sides of the, slumpstone walls to
screen the enclosure. Boston ivy is recommended because it will
become established. without need for irrigation if planted in January
and hand -watered at first.
• Location of' back wall of enclosure 4 feet from fence line is
acceptable. Concrete apron proposed in front of enclosure should
be dark colored to match adjacent asphalt.
14. Gates shall be maintained in working order and shall remain closed
except when the structure is being serviced.
15. The trash enclosure shall be provided with a floor drain connected to the
City's sanitary sewer .system as approved by the Engineering Department.
16. The trash enclosure shall be located along the west side of the parking lot
between the existing handicapped parking spaces and standard spaces.