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)