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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 Owner/Agent Name (print) gal Date �/&40 d__ Title