PC Resolution-12-07-10-01PC RESOLUTION NO. 12-7-10-1
CONDITIONAL USE PERMIT (CUP) 12-005
ARCHITECTURAL CONTROL (AC) 12-005
FLOODPLAIN LAND USE PERMIT (FP) 12-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING CITY COUNCIL APPROVAL OF CONDITIONAL USE
PERMIT, ARCHITECTURAL CONTROL, AND FLOODPLAIN LAND USE PERMIT
APPLICATIONS FOR ARCHITECTURAL ALTERATIONS TO THE CLUBHOUSE,
REMOVAL OF TWO LAUNDRY FACILITIES AND THE INSTALLATION OF TWO NEW
MOBILE HOMES AT THE CAPISTRANO VALLEY MOBILE ESTATES LOCATED AT
26000 AVENIDA AEROPUERTO (ASSESSOR PARCEL NUMBER 121-240-35)
(FULBRIGHT RODRIGUEZ ARCHITECTS, INC.)
Whereas, Fulbright Rodriguez Architects, Inc. on behalf of Capistrano Valley
Mobile Estates have requested approval to allow architectural alterations to the clubhouse,
removal of two laundry facilities and installation of two new mobile homes within the mobile
home park located at 26000 Avenida Aeropuerto which is General Plan -designated
Industrial Park (IP) and classified as Mobile Home Park (Industrial Park) MHP (IP); 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 15303 New Construction categorical exemption; 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 July 10, 2012 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy
5, and Planning Department Policy 510 to consider public testimony on the proposed
project and has considered all relevant public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings:
Section 9-2.317 of the Title 9, Land Use Code establishes the following findings required
for approval of a Conditional Use Permit:
The proposed design alterations to the existing use of the mobile home park are the
consistent with the maps and policies of the General Plan because the residential
PC Resolution 12-07-10-01 2 July 10, 2012
mobile home park use is not proposed to be changed but rather modified to include
two additional mobile homes.
2. The proposed use and design is consistent with the purpose, intent, and standards
of the Land Use Code because the proposed design alterations to the clubhouse
will complement the existing architectural style and because the new mobile homes
will complement the existing homes with respect to size and location on the
individual spaces.
3. The site for the proposed mobile homes is adequate in size and shape to
accommodate all yards, open spaces, setbacks and parking areas, fire and building
code considerations because the two proposed spaces will provide for designated
parking within the space, setbacks that complement the adjacent spaces, and
building codes will require review and permitting by the City's Building & Safety
Division
4. The proposed use and the on-going operation of the use are compatible with
abutting properties and the permitted uses thereof, and will not generate excessive
light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances,
or hazards because the mobile homes will be designed to complement the existing
homes with respect to color and site area landscape; and because the new laundry
facility will be located within the club house facility building.
5. The site for the proposed use has adequate access and parking to support the use
because the new spaces will be served via existing access streets and 2 parking
spaces are proposed for each space. The club house as existing parking spaces
that will serve the new laundry room.
Section 9-2.313 of the Title 9, Land Use Code establishes the following findings required
for approval of an Architectural Control:
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 mobile homes are proposed to be
located on individual spaces, adhere to setbacks as required under HCD Title 25,
and the alterations to the interior of the club house will be subject to review and
approval of a building permit.
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 proposes to install new mobile homes to complement the
existing setbacks and development standards for the community and will not result
in a deviation from the design and uses within the mobile home park.
PC Resolution 12-07-10-01 3 July 10, 2012
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 because
both mobile homes are proposed to adhere to the HCD Title 25 regulations.
4. Although mobile homes are not regulated by the adopted Architectural Design
Guidelines of the City, the proposed mobile homes are designed in character, scale
and quality of the architecture, site design and landscaping consistent with existing
mobile homes located within the park.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the two new mobile homes will utilize existing streets for
access and pedestrian access is achievable via the street network.
6. The proposed use and design of the project is 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 new mobile home spaces will be designed to HCD Title
25 standards and regulations.
Section 9-2.321 of the Title 9, Land Use Code establishes the following findings required
for approval of a Floodplain Land Use Permit:
1. The application complies with all of the location and land use standards for uses or
structures as set forth in Section 9-3.405 of this Code because the new mobile
homes are proposed to be installed at a grade elevation consistent with the existing
units and with the respective setbacks mandated by HCD Title 25.
2. Approval of the application will not result in a discernible net increase in water
surface elevation, will not create or exacerbate erosive velocities within special flood
hazard areas, and will not contribute to flooding of other properties not previously
inundated by the 100 -year storm event because the new mobile homes will be
installed within the park and will not alter the existing surface elevation of the site.
3. Development and use of the property as proposed are consistent with General Plan
policies regarding flood control, public safety, aesthetics, and resource protection
because the new mobile homes will complement the existing aesthetics of the park
and will utilize the existing vehicular circulation, and existing grade elevations.
4. The proposed use and development of the property are consistent with all other
applicable requirements of the Municipal Code and of the Federal Emergency
Management Agency, California Fish and Game Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in
effect at the time the application was deemed complete.
PC Resolution 12-07-10-01 4 July 10, 2012
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
hereby recommends City Council approval of the proposed project subject to the conditions
of approval in Exhibit A, attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 10th day of July, 2012, by the
following vote, to wit:
AYES: Chairman Williams, Commissioners Parkhurst, Nunn, Kerr, Neely and
Cohen.
NOES: None
ABSTAIN: None
Williams, Chairman
M
William A. Ramsey, AICP, Ass
Secretary
RESOLUTION # 12-7-10-1
CONDITIONS OF APPROVAL
PROJECT LOG #: Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-
005 and Floodplain Land Use Permit (FP) 12-001.
PROJECT NAME: Capistrano Valley Mobile Estates
APPROVAL DATE: July 10, 2012
EFFECTIVE DATE: JUIy 25, 2012
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 exterior and interior architectural alterations to the
clubhouse, removal of two laundry facilities and installation of two new mobile homes
located at 26000 Avenida Aeropuerto (Assessor Parcel Number 121-240-35). This
project approval is based on and subject to the application materials prepared by
Fulbright Rodriguez. Architects, Inc. dated May 3, 2012 including site plan, building
elevations, and floor 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, Community
.Development 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
Resolution #12-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 2 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
and Floodplain Land Use Permit (FP) 12-001
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. Sign approval for the project is a separate process requiring the. issuance of a sign
permit and building permits, and is subject to review and approval by the
Development Services Department and Building and Safety Division.
7., Tree Removal Permits shall be required for any tree(s) proposed to be removed.
8. 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.
9. 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.
10. 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.
11. 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.
12. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building and Safety Division 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 of approval shall be met prior to or in conjunction with the
issuance of any grading permit(s):
13. Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant shall
fulfill all applicable engineering fee requirements in accordance with the City
Municipal Code and the Water Department fee schedule, as last revised, and post
securities to ensure satisfactory performance of proposed on-site and off-site grading,
drainage, landscape and irrigation, erosion and sediment control, sewer, water,
street, and all appurtenant improvements. (PW -ENG)
14. Gradin Plans. lans. Prior to issuance of a grading permit, the applicant shall submit the
required number of copies of grading plans, prepared by a Registered Civil Engineer,
to the Engineering and Building Department for review and approval by applicable
departments. Conceptual grading plans shall be subject to review by the Design
Review Committee. Precise grading shall be consistent with the approved conceptual
grading plan and site plan. These plans shall show, at minimum, the limits of grading,
Resolution #12-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 3 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
and Floodplain Land Use Permit (FP) 12-001
the drainage, any applicable retention/detention basins, sewer, water, trails,
parkways, streets and all appurtenant improvements. The extent of the topography
shall be extended enough to determine the geological and drainage impacts to
adjacent properties. The elevations shall correspond with the orange County
benchmark datum. All drainage must be treated prior to being conveyed to the street
or a City approved drainage facility in accordance with the National Pollutant
Discharge Elimination System (NPDES) requirements. In addition, the grading plans
shall show the following, information: (PW-ENG/DSD)
a. Location of all existing trees and indicate trees to be removed and trees
to remain in place (DSD)
b. Show and identify all pedestrian access ways and traffic crossings on the
site plan. Crossings shall be clearly marked, lighted and identified
throughout the interior of the project. Design of these areas shall be
reviewed and approved by the applicable City departments and shall
comply with Title 24 Handicapped Accessibility Standards and City
Building Codes. Where pedestrian aisles cross driveways, enhanced
paving shall be used. (DSD)
C. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (DSD)
d. Location, height, materials and colors of any retaining walls. (DSD)
15. Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to the
City Engineer for review and obtain approval for a Soils Report/Geotechnical
Feasibility Study prepared by a Registered Geologist and Soil Engineer to determine
the seismic safety and soils stability of all proposed grading and development
improvements for the project and preliminary pavement sections and substructure
bedding/backfill recommendations. (PW -ENG)
16. Submit Haul Route Plan. Prior to issuance of grading and right-of-way improvement
permits, for importation/exportation of soil in excess of fifty cubic yards in and out of
the project site, the applicant shall submit to the City Engineer for review and obtain
approval for, a Haul Route Plan specific to the project and in compliance with all
applicable City standards. The Haul Route Plan shall specify dates, times, and
headways for hauling activities. Prior to commencement of haul activities, the
applicant shall obtain a Haul Route Permit and pay required fees to the Engineering
Department. (PW -ENG)
17. Traffic Control Plans. Prior to issuance of grading and right-of-way .improvement
priority, the applicant shall submit to the City Engineer and obtain approval for Traffic
Control Plans and final improvement plans for all traffic mitigation improvements,
including both on-site and off-site, as identified in the approved Traffic Study prepared
pursuant to City Council Policy 310. Any exception shall be subject to review and
approval by the City Engineer (PW -ENG)
18. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and
right-of-way improvement permits, the applicant shall. submit to the City Engineer for
review and obtain approval for a program complying with the requirements of the
Resolution #12-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 4 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
and Floodplain Land Use Permit (FP) 12-001
California Integrated Waste Management Act of 1989 to reduce construction and
demolition debris through recycling. (PW -ENG)
19. Properties in Flood Hazard Areas per (FEMA). Prior to issuance of a precise grading
permit, for any property wholly or partially located within the Special Flood Hazard
Area A, as established by the Federal Insurance Rate Map (FIRM), building pad
elevations may be required to be constructed above a specific elevation, which shall
be confirmed with the Federal Emergency Management Agency (FEMA) during
Grading Plan Design. (PW -ENG)
20. Building Pad Elevations in Flood Areas. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall provide to the Engineering and Building
Director a letter of verification from the Flood Insurance Administration (FIA)
confirming that the proposed building pad elevations are designed above the
minimum specific elevation required by FIA. (PW -ENG)
21. FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). Prior to issuance
of grading and right-of-way improvement permits, for any property wholly or partially
located within the 100 -year Flood Hazard Area on the Flood Insurance Rate Map
(FIRM), the applicant shall submit to the City Engineer for review and obtain approval
for all documentation required by the Federal Emergency Management Agency
(FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as
required by FEMA. (PW -ENG)
22. Existing Easements. Prior to issuance of a grading permit, applicant shall incorporate
into the project design all existing easements within the project boundaries, or obtain
abandonment of said easements from the affected easement holder(s). If this
requirement cannot be accomplished, the project shall be redesigned accordingly as
approved by the City. (PW -ENG)
23. Orange County Fire Authority (OCFA) Approval. Prior to grading, street improvement
plans, location of fire hydrants in the public right of way, emergency access including
the spine access road, traffic/parking study, and the on-site driveway and loading
zone emergency access areas of the proposed project shall be reviewed and
approved by the Orange County Fire Authority (OCFA).
24. Fire Flow Demands. Prior to the issuance of grading and right-of-way improvements
permits, the applicant shall obtain from the Orange County Fire Authority (OCFA) the
required fire flow demands and the fire protection requirements to serve the subject
project and shall provide evidence of satisfactory fire flow. (OCFA)
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
25. Applicable Codes. Prior to issuance of building permits, plans for this project shall be
submitted to the Building and Safety Division for review and approval, and shall
comply with the latest City -adopted edition of the applicable building codes. (B&S)
Resolution #12-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 5 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
and Floodplain Land Use Permit (FP) 12-001
26. 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 Division 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 Commission, Design Review Committee, and/or Development
Services Director (as applicable). Plans shall address the following: (DSD)
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
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
architecture.
e. Show the location and method of screening for all ground -mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment shall
be screened from public view. Screening shall be compatible with main
structures and include landscaping where appropriate. (DSD)
e. Show the location and method of operation of any vehicle restricting
gates on the site plan. The gates shall be subject to the approval of the
City Engineer and the Fire Department. Where gates are used, a portion
of the guest spaces shall be accessible without passing through a
security entrance. (ENG/PLN)
27. OCFA Review of Architectural Buildinq Plans. Prior to the issuance of a building
permit, the applicant shall submit architectural plans for the review and approval of
the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria
Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
28. Parkinq Regulations and Standards. Prior to the issuance of ANY building permit, the
applicant shall demonstrate compliance with the Municipal Code parking
requirements and standards as outlined in Section 9-3.535; furthermore, designated
street parking areas shall not be striped.
Resolution #12-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 6 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
and Floodplain Land Use Permit (FP) 12-001
The following conditions shall be met continuously during construction and prior to
issuance of any certificate of occupancy:
29. Compliance with approved plans. At all times during construction, the applicant shall
ensure compliance with approved construction mitigation plans, including: (PW -ENG)
a. Erosion Control Plan
b. Haul Route Plan
C. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas. (DSD)
30. Drainage Problems. During the entire grading a construction operation, the applicant
shall adhere to the following conditions to address unforeseen drainage issues: (PW -
ENG)
a. If any drainage problem is identified or does occur during construction,
the applicant shall provide and implement a solution acceptable to the
City Engineer at no cost to the City, and submit a recorded instrument to
insure the future of the solution. (PW -ENG)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (PW -ENG)
31. Waste Disposal and Sanitation. At all times during construction, the applicant shall
maintain adequate sanitary disposal facilities and solid waste disposal containers on
site. The accumulation of refuse and debris constituting a public nuisance is not
permitted. (PW -ENG)
32. Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00 p.m.,
Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday.
Construction activity shall not be permitted on Sundays or any Federal holiday.(DSD)
33. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
The following ongoing conditions shall be complied with at all times after completion of
the project.
34. Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (DSD)
_ 35. Noise. The applicant shall ensure that noise levels do not exceed levels permitted by
Section 9-3.531. Noise standards (residential and non-residential) of the Municipal
Code. (DSD)
Resolution #12-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 7 of 7
Conditional Use Permit (CUP)12-005, Architectural Control (AC)12-005,
and Floodplain Land Use Permit (FP) 12-001
Responsible Departments/Agencies: DSD: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW -ENG: Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority
Applicant Acceptance'of Conditions of Approval:
-7. Z 7. /Z
Applicant Sigriatur Date
�'ut$�zlbHT rZc�eibt»Z A�Ci//7�G'�.5� /NG ,
7:'.4 utr FUL2WEI&OT AIA -- p�z✓yGly gL,
Applicant's nameititle (print)
S