PC Resolution-12-06-26-01PC RESOLUTION NO. 12-06-26-01
CHEVRON SOIL VAPOR EXTRACTION AC 10-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A ONE-YEAR TIME EXTENSION
FOR A PERMIT RELATED TO ARCHITECTURAL CONTROL (AC)10-.010,
AN APPLICATION FOR 6'-0" VINYL FENCING, LANDSCAPING, AND
ABOVE -GROUND SOIL REMEDIATION EQUIPMENT LOCATED IN THE
"GC" (GENERAL COMMERCIAL) ZONE DISTRICT AT 32001 CAMINO
CAPISTRANO (APN 668-073-01)
WHEREAS, Nick Pryor of Holguin, Fahan & Associates, Inc. proposed to
install vinyl fencing, landscaping and above -ground soil remediation equipment. The
proposed project site is General Plan designated as General Commercial and classified as
General Commercial (GC) on the Official Zoning Map; and,
WHEREAS, Gerald E Buck is the owner of real property located at 32001
Camino Capistrano (APN 668-073-01); and
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.313, Architectural Control 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
determined that the project qualifies for a Class 1 (Existing Facilities) Categorical
Exemption and caused a Notice of Exemption to be posted pursuant to Section 15062 of
the CEQA Guidelines; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on September 28, 2010 pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed project and approved the project for an 18 -
month operational period; and,
WHEREAS, permit B10-0737 would expire on June 10, 2012 pursuant to
condition of approval #3 forAC 10-010, and Nick Pryorof Holguin, Fahan &Associates has
requested a 12 -month time extension of the permit; and;
WHEREAS, the Planning Commission considered the time extension request
at their regular meeting on June 26, 2012.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
PC Resolution 12-06-26-01 2 June 26, 2012
1. The proposed time extension request is necessary for remediation of the
groundwater and soil contamination with methyl tertiary butyl ether (MTBE); and,
2. The remediation should be performed in an expeditious manner and the equipment
should be removed promptly upon completion in order to preserve the aesthetic
character of the downtown.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve a one-year time
extension subject to the conditions of approval established by Exhibit A to Planning
Commission resolution 10-09-28-02, attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This time extension 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, July 11, 2012. This
time extension shall be valid from the date of approval of this resolution, and shall expire
on June 10, 2013, unless a time extension request related to this discretionary approval is
submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 26th day of June, 2012, by the
following vote, to wit:
AYES: Chair Williams, Vice -Chair Parkhurst, Commissioners Cohen, Kerr,
Nunn, Neely, and Ratcliffe.
NOES:
ABSTAIN:
bert Williams, Mirman
Wi am A. Ramsey, AICP
Assistant Director, Secretary