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PC Resolution-13-08-27-01PC RESOLUTION NO. 13-08-27-01 ARCHITECTURAL CONTROL IAC► 09.004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A MODIFICATION TO PREVIOUSLY APPROVED PLANS TO LEGALIZE TWO (2)10'•6" TALL ENTRY PORTICOS, BUILT WITHOUT PRIOR COMMISSION APPROVAL NOR BUILDING PERMITS, LOCATED AT LOTS 41 AND 46 OF TRACT 13436, ON CAMINO DEL RIO (CAMPANILLA) Whereas, April Tomillo of Taylor Morrison, 8105 Irvine Center Drive, Suite 1450, Irvine, CA 92618 has requested approval of Architectural Control (AC) 09.004 Mod #3 to legalize two (2)10'-6" tall entry porticos, built without prior Commission approval nor building permits, located at Lots 41 and 46 of tract 13436, on Camino Del Rio which is General Plan -designated "Medium Density Residential (3,5 to 5 du)" and classified as Planned Community 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 this project is exempt from further environmental review pursuant to Section 15182, a Specific Plan for which an Environmental Impact Report (EIR) has been certified, A Notice of Exemption (NOE) will be posted should the project receive final approval, and will cause the Notice of Exemption to be posted pursuant to Section 15061(4) 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 Planning Commission conducted a duly -noticed public meeting on August 27, 2013 pursuant to the provisions of Title 9, Land Use Code, Section 9.2.302, Public Meeting Procedures, to consider public testimony on the proposed project and has considered all relevant public comment, NOW, THEREFORE, BE IT FURTHER 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; PC Resolution 13.08.27.01 2 August 27, 2013 2013 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 structures are compatible with all provisions of Comprehensive Development Plan 81.2; 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 structures consist of high quality, human scale design, and complements the City's traditional, historic character; 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 porticos will be located where the previously approved entry gates would have been located; 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 entry porticos will complement the scale and character of the surrounding areas, and will create visual interest and maintain a sense of harmony along street frontages; and, 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the height and width are adequate to accommodate pedestrian access to the private yards of the homes; 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 overall height and massing of the as -built porticos are consistent with the approved entry designs and the design will complement the existing architecture, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves the project subject to 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;30 p.m,, Wednesday, September 11, 2013. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on August 27, 2013 unless a time extension request or building 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, PC Resolution 13.08.27.01 27, 2013 2013 PASSED, APPROVED AND ADOPTED this 27th day of August, 2013, by the following vote, to wit; AYES; Chairman Cohen, Vice -Chair Neely, Commissioners Chaffee, and Gardiner. NOES; None, , � 4.." — 'w Sheldon ---- Cohen, Chairman Wiliam A. Ramsey, AICP, Secretary Director RESOLUTION # 13.08.27.01 CONDITIONS OF APPROVAL PROJECT LOG #; Architectural Control (AC) 09.004, Mod #3 PROJECT NAME; San Juan Hills - Campanilla APPROVAL DATE; August 21.2013 EFFECTIVE DATE; September 11, 2013 These conditions of approval apply to the above -referenced project application described in more detail below, 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, The subject project proposes a modification to previously approved plans to legalize two (2)10'-6" tall entry porticos, built without prior Commission approval nor building permits, located at Lots 41 and 46 of tract 13436, on Camino Del Rio This project approval is based on and subject to the application materials prepared by Taylor Morrison including site plan(s), elevation(s), and any other plans, These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments, Minor modifications to this project approval may be approved by the Development Services Director pursuant to Section 9.2,303, Administrative approvals of Title 9, Land Use Code, _ 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, stamped and signed, if 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, Development Services 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, Resolution 13.08.27.01 Conditions of Approval AC 09.004 San Juan Hills - Campanilla Mod #3 Page 2 of 3 _ 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. The applicant is responsible for paying required fees to the California Department of Fish and Game, and any related fee of the County of Orange for processing environmental, documents. _ 10. 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, (DS-B&S) The following conditions shall be completed prior to or in conjunction with the issuance of building permits; 2.1 Applicable Codes, Prior to issuance of building permits, 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. (DS-B&S) _ 2.2 Building Construction Plans, Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Department for review and approval by all applicable departments, Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Planning, Design Review Committee, and/or Development Services Director (as applicable), Plans shall address the following; (DS) a. The final conditions of approval shall be incorporated into the construction plans and shall be reproduced on the front page of the construction plans. b. Location and method of screening for all roof -mounted and building - mounted equipment shall be demonstrated on the elevations, including but not limited to kitchen exhaust vents, air conditioning and heating units, utility boxes, and backflow devices. All equipment shall be screened from public view and designed to be an integral component of the building design, All roof -mounted equipment shall be screened from view by parapet walls or other architectural means. The applicant shall demonstrate to the satisfaction of the City Planner that no roof -mounted equipment will be visible from the public right-of-way, Screening shall be compatible with main structures and include landscaping where Resolution 13.06.27.01 Conditions of Approval AC 09.004 San Juan Hills - Cam anilla Mod#3 Pae 3 of 3 appropriate, c. Elevations shall note that all exterior exposed gutters and downspouts must be painted to match the surface to which They are attached, d, Location of all building -mounted light fixtures shall be shown on the elevations, A detail of said fixtures shall be shown on the elevations, and fixtures shall be decorative and complementary to the building archifecture, The following ongoing conditions shall be complied with at all times after completion of the project, 5.1 Business License, The applicant, tenants, or successors in interest shall comply with the City's business license requirements. (DS) 5.2 Site Maintenance, The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (DS) T 5.3 Noise, The applicant shall permitted by Section 9-3,531, the Municipal Code, (DS) Responsible DeparlmenfslAgencies; ensure that noise levels do not exceed levels Noise standards (residential and non-residential) of DS Development Services Department DS-B&S; Development Servioes-Building & Safety PW -ENG; Public Works -Engineering Division UTIL Utilities Department OCFA; Orange County Fire Aulhorify Applicant Acceptance of Conditions of Approval; t�� �' 11, 201 Applicant Signature Date w"o w� � a 11^t Applicant's name/He (print)