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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, Page 1 of 3 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 Page 2 of 3 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 Page 3 of 3 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 Page 3 of 4 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 Page 4 of 4 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