PC Resolution-11-01-25-01PC RESOLUTION NO. 11-01-25-01
AC 10-034 TRP 11-007 PACIFIC TANK AND CONSTRUCTION
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING ARCHITECTURAL CONTROL
(AC) 10-034, AN APPLICATION CONSTRUCT AN 821 SF ADDITION TO
AN EXISTING 1,303 SF SINGLE FAMILY RESIDENCE WHICH WILL BE
CONVERTED TO OFFICE USE, LANDSCAPING, TREE REMOVALS, AND
GRADING LOCATED IN PLANNED COMMUNITY (PC CDP 09-01) ZONE
DISTRICT AT 31551 AVENIDA LOS CERRITOS (APN 650-151-16)
WHEREAS, Michael Patrick Porter Architect proposed to preliminary plans
for the 821 SF addition, landscaping, and grading. The proposed project site is General
Plan designated as "4.4 Office/Research Park" and classified as Planned Community (PC
CDP 09-01) on the Official Zoning Map; and,
WHEREAS, Capo-PAC LLC is the owner of real property located at
31551 Avenida Los Cerritos (APN 650-151-16); 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 Design Review Committee (DRC) reviewed the project on
December 2, 2010 and forwarded the project to the Commission for final action with a
favorable recommendation; and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on January 25, 2011 pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
PC Resolution 11-01-25-01 2 January 25, 2011
1. The project is consistent with standards set forth in Title 9 of the Municipal Code;
the project complies with all development standards and the use is permitted by
right in the Comprehensive Development Plan.
2. The project is in compliance with the Land Use Element because "4.4
Office/Research Park" allows single -tenant general office. The project is compatible
with the General Plan Community Design Element because the Design Review
Committee has determined it is consistent with the adopted Architectural Design
Guidelines.
3. The project site would provide sufficient access and parking, as well as maintaining
a significant landscaped area, with the proposed structure under the required Floor
Area Ratio and Lot Coverage standards.
4. The project is consistent with the recommendations made by the Design Review
Committee, and therefore, consistent with Architectural Design Guidelines.
5. Vehicular access is sufficient, pursuant to the direction provided bythe City's Traffic
Engineer, and pedestrian access is sufficient from the parking lot. The project would
have sufficient pedestrian access from the street.
6. The proposed structure would be similar in size to the residence to the north and
would not be out of scale. The building also maintains much of its original
architectural integrity and sufficiently remains compatible with the structure to the
north. Since it is much smaller than the building to the south, and single -story, it
would not negatively impact the building.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve the project subject to
the 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, February
9, 2011. This project approval shall be valid from the date of approval of this resolution,
and shall expire two (2) years after the effective date, unless a time extension request or
building/grading permit application related to this discretionary approval is submitted to the
City prior to that date.
PC Resolution 11-01-25-01 3 January 25, 2011
PASSED, APPROVED AND ADOPTED this 25th day of January, 2011, by
the following vote, to wit:
AYES: Chairman Cohen, Vice -chair Ratcliffe, Commissioners Williams, Kerr,
Mocalis, Neely, and Tatarian
NOES:
ABSTAIN:
V�_ A_
Sheldon Cohen, Chairman
i iam A. Ramsey, AICP
Principal Planner, Secretary
Exhibit A
RESOLUTION #: 11-01-25-01
CONDITIONS OF APPROVAL
Project #: AC 10-034, TRP 11-007
Project Name: Pacific Tank and Construction
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
January 25, 2011
February 9, 2011
February 9, 2013
These conditions of approval apply to Architectural Control (AC) 10-034 and Tree
Removal Permit (TRP) 11-007, approval of an 821 SF addition, site grading, tree
removals, and new landscaping. The subject property is located at 31551 Avenida Los
Cerritos (APN 650-151-16). 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:
AC 10-034 and TRP 11-007, approval of an 821 SF addition, site grading,
tree removals, and new landscaping. The subject property is located at
31551 Avenida Los Cerritos (APN 650-151-16). This approval is granted
based on the application materials submitted by Michael Patrick Porter,
Architect. 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 February 9, 2013 (24) months after the date of the
effective date 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 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. Final architectural and landscape plans shall be submitted for review and
approval by the Design Review Committee prior to Plan Check review.
Final Conditions of Approval, PC Res 11-01-25-01 January 25, 2011
AC 10-34, Pacific Tank & Construction page 2 of 3
3. The trash enclosure shall be deleted from the scope of work. Trash will be
serviced with 90 gallon barrels. Trash barrels will be stored in a visually
unobtrusive location. Should a dumpster be necessary to accommodate
the site, a new Architectural Control application shall be submitted to the
Development Services Department for review.
4. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
5. 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.
6. 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.
7. 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.
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 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.
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. (B&S)
Final Conditions of Approval, PC Res 11-01-25-01 January 25, 2011
AC 10-34, `Pacific Tank & Construction nape 3 of 3
The following conditions shall be complied with at all times:
11. Building & Safety. The applicant shall submit plans to the Building Official
to verify compliance with Building & Safety requirements. Such plans shall
be fully dimensioned, in substantial conformance with those plans
approved and modified by the Planning Commission. (PLN)
12. 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 and Utilities Department for review and. approval, and shall
comply with the latest City -adopted edition of the applicable building
codes. (B&S and UD)
13. 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 and UD)
14. Orange County Fire Authority. The applicant shall submit documentation
to the City from OCFA regarding compliance with all requirements and
conditions identified by OCFA.
15. Upon completion of ground contamination remediation the applicant shall
remove all equipment and fencing.
Responsible Agencies: B&S =
Building and Safety
ENG =
Engineering
PLN =
Planning
UD =
Utilities
Apr
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