PC Resolution-13-02-26-01PC RESOLUTION NO. 13-02-26-01
ARCHITECTURAL CONTROL (AC) 12-020,
TREE REMOVAL PERMIT (TRP) 13-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING PRELIMINARY DESIGN PLANS TO WIDEN
THE EXISTING 23 -FOOT WIDE DRIVEWAY, LOCATED AT RANCHO VIEJO ROAD
ACROSS FROM PASEO ESPADA, TO 42 TOTAL FEET, RECONFIGURE ADA ACCESS,
ADD A NET INCREASE OF 3 PARKING SPACES, AND REMOVE 6 TREES IN AN
EXISTING COMMERCIAL CENTER ON A 6.15 ACRE PARCEL LOCATED AT 31742
RANCHO VIEJO ROAD (APN: 666-261-14) (ORTEGA BUSINESS CENTER)
Whereas, Robert Montgomery of Buie Stoddard Properties, LLC, 28281
Corwn Valley Parkway, Suite 220, Laguna Niguel, CA 92677 has requested approval of
Architectural Control (AC) 12-020 and Tree Removal Permit (TRP) 13-008 to allow the
widening of the existing 23 -foot wide driveway, located at Rancho Viejo Road across from
Paseo Espada, to 42 total feet, reconfigure ADA access, add a net increase of 3 parking
spaces, and remove 6 trees in an existing commercial center on a 6.15 acre parcel located
at 31742 Rancho Viejo Road which is General Plan -designated 3.0 Neighborhood
Commercial and classified as Planned Community (PC CDP 78-1, Planning SectorA-2) on
the Official Zoning Map; and,
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 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 1 categorical exemption, and will cause the Notice of
Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines which
provides that "the notice shall not be filed with OPR or the county clerk until the project has
been approved;" and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and technical
studies; and,
Whereas, the Design Review Committee conducted a meeting on February 7,
2013, to consider on the proposed project and forwarded the project to the Planning
Commission with a favorable recommendation; and,
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PC Resolution 13-02-26-01 2 February 26, 2013
Whereas, the Planning Commission conducted a duly -noticed public hearing
on February 26, 2013, pursuant to Title 9, Land Use Code, Section 9-2.302, to consider
public testimony on the proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings as established by
Section 9-2.313 of Title 9, Land Use Code of the City of San Juan Capistrano: .
1. The proposed use and design of the project comply with all applicable provisions of
Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan
or comprehensive development plan because the project would not substantially
alter the previously approved commercial center and the circulation and access
modifications will not conflict with municipal code provisions, and the driveway width
is determined to be in compliance with Municipal Code Section 9-4.511; and,
2. The proposed use and design of the project is consistent with the goals, policies
and objectives of the General Plan, including the Community Design Element
because the project would feature high quality design consistent with Policy 1.2 of
the Community Design Element; and,
3. The site is adequate in size and shape to accommodate all yards, open spaces,
setbacks, parking, access, and other features pertaining to the application, except
as otherwise approved because the project would widen an otherwise non-
conforming ingress/egress and drive aisle; and,
4. The character, scale and quality of the architecture, site design and landscaping are
consistent with the adopted Architectural Design Guidelines of the City because the
project would incorporate decorative paving and a raised median at the project
entry, as well as promote increased safety and efficiency for vehicular traffic; and,
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the project would increase the drive aisle width thereby
improving on-site circulation and safety; and,
6. The proposed use and design of the project are compatible with .surrounding
existing and proposed land uses and community character, including scale,
intensity, massing, architectural design, landscape design, and other development
characteristics because the project would not be substantially altered and the
landscape modifications would incorporate drought tolerant, California native or
friendly species.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
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PC Resolution 13-02-26-01 3 February 26, 2013
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
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., Wednesday, March 15,
2013. This project approval shall be valid for a period of 2 years from the date of effective
date of this resolution, and shall expire on March 13, 2015, unless a time extension request
or building/grading permit application related to this discretionary approval is submitted to
the City prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 26th day of February, 2013, by
the following vote, to wit:
AYES: Chair Williams, Vice -Chair Parkhurst, Commissioners Cohen,
Neely, and Nunn.
O None.
*ob VWVill6iamsairm
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RESOLUTION #: 13-02-26-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: AC 12-020, TRP 13-008
Project Name: Ortega Business Center
APPROVAL DATE:
February 26, 2013
EFFECTIVE DATE:
March 13, 2013
EXPIRATION DATE:
March 13, 2015
These conditions of approval apply to Architectural Control (AC) 12-020 , Tree Removal
Permit (TRP) 13-008, Ortega Business Center, a request for review of preliminary
design plans to widen the existing 23 -foot wide driveway, located at Rancho Viejo Road
across from Paseo Espada, to 42 total feet, reconfigure ADA access, add a net increase
of 3 parking spaces, and remove 6 trees in an existing .commercial center on a 6.15
acre parcel located at 31742 Rancho Viejo Road, generally located at the southeast
corner of Ortega Highway and Rancho Viejo Road (APN 666-261-14). Any proposed
change of use or expansion of the building area or modifications to the site plan or
signage shall be submitted to the City Development Services Department, along with
the required application and fee, for review. For the purpose of these conditions, the
term "applicant" shall also mean the developer, the owner or any successor(s) in
interest to the terms of this approval.
General Conditions:
1. AC 12-020 and TRP 13-008 approval is granted for preliminary design
plans to widen the existing 23 -foot wide driveway, located at Rancho Viejo Road
across from Paseo Espada, to 42 total feet, reconfigure ADA access, add a net
increase of 3 parking spaces, and remove 6 trees in an existing commercial center
on a 6.15 acre parcel located at 31742 Rancho Viejo Road. This approval is
granted based on .the application materials submitted by Robert Montgomery of
Buie Stoddard Properties, LLCt. This project is approved 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
Development Services Director to be in substantial conformance with the approved
plan, and which do not increase the size, or otherwise intensify or change the use
or require any deviations from adopted standards, may be approved by the
Development Services 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 Planning Commission's
approval and shall expire March 13, 2015 (24) months after the effective date of
the approval unless the project which is the subject of this action has been
installed and approved and all conditions of approval have been met, or a time
Planning Commission Resolution 13-02-26-01 Final Conditions of Approval
AC 12-020, TRP 13-008 Date: February 26, 2013
Page 2 of 4
extension has been granted by the City. Any application for an extension of time
shall be submitted to the Development Services Department, along with the
required fee, at least ninety (90) days prior to the expiration date of this approval,
except as otherwise approved by the Development Services Director.
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,
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 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.
Planning Commission Resolution 13-02-26-01 Final Conditions of Approval
AC 12-020, TRP 13-008 Date: February 26, 2013
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8. 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)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
9. Building Permit. Prior to installation, the applicant shall submit plans to the
Building Official for issuance of a building permit. Such plans shall be fully
dimensioned, in substantial conformance with those plans approved and
modified by the Planning Commission and Design Review Committee:
(PLN)
10. Applicable Codes. Prior to issuance of building permits (if required by the
Building Official), plans for this project shall be submitted to the Building
and Safety Department for review and approval, and shall comply with the
latest City -adopted edition of the applicable building codes. (B&S)
11. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, landscape/irrigation plans,
and sign elevations. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering
PLN = Planning
Planning Commission Resolution 13-02-26-01 Final Conditions of Approval
AC 12-020, TRP 13-008 Date: February 26, 2013
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Date of Approval: February 26, 2012
Resolution No.: 13-02-26-01
Effective Date: March. 13, 2013
Applicant Acceptance of Conditions of Approval:
Applica t S' ature Date Q
Applicant Name Title