PC Resolution-10-04-13-03PC RESOLUTION NO. 10-04-13-03
ST. MARGARET'S EPISCOPAL SCHOOL, AC 10-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING THE INSTALLATION OF SIX (6)
TEMPORARY MODULAR BUILDINGS TOTALING 8,000 SQUARE FEET,
LOCATED AT 31641 LA NOVIA (APN 666-272-09).
WHEREAS, Dick Jonovich of Abacus Project Management, proposed to
install six (6) temporary modular buildings totaling 8,000 square feet. The proposed project
site is General Plan designated as Public & Institutional and classified as Planned
Community (PC) on the Official Zoning Map; and,
WHEREAS, St. Margaret's Episcopal School is the owner of real property
located at $1641 La Novia (APN 666-272-09); 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 3 (New construction or conversion of small
structures) 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 April 13, 2010 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:
1. The project is consistent with standards set forth in Title 9 of the Municipal Code
and standards established- in the Comprehensive Development Plan, which includes
consistency with the City Council approved Master Plan.
2. The project is compatible with the Community Design Element, given the utilitarian
and temporary nature of the modular buildings, because it is unobtrusive to the
overall design of the Master Plan, which has been determined to be consistent with
the Community Design Element.
3. The project will maintain pedestrian accessibility and is adequately setback from the
project boundaries, location of existing structures, and sports field.
PC Resolution 10-04-13-03 2 April 13, 2010
4. The modular buildings have limited design flexibility but the color palette matches
the approved color palette for the campus and is, therefore, consistent with
character and scale of the project setting.
5. The modular buildings will not impact any existing vehicular or bicycle access, and
will maintain adequate access to the approved pedestrian corridor.
6. The project will not alter the existing use or propose any intensification of use that
has not been previously approved as part of the master plan and is, therefore,
consistent with the surrounding uses, community character, and architectural and
landscape design.
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, April 28,
2010. This project approval shall be valid from the date of approval of this resolution, and
shall expire two (2) years after, unless a time extension request or building/grading permit
application related to this discretionary approval is submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 13th day of April, 2010, by the
following vote, to wit:
AYES: Chair Cohen, Vice -Chair Ratcliffe, Commissioners Tatarian, Mocalis,
and Williams.
NOES:
ABSTAIN: Commissioner Kerr
ABSENT: Commissioner Neely
1
,
Sheldon Cohen, Chairman
✓�
Grant Taylor, cretary
These conditions of approval apply to Architectural Control (AC) 10-006, approval of six
(6) temporary modular buildings totaling 8,000 square feet, located at 31461 La Novia
(APN 666-272-09). 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 Community
Development 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:
1. _ (AC) 10-006 approval is granted for the six (6) temporary modular
buildings totaling 8,000 square feet, located at 31461 La Novia (APN 666-
272-09). This approval is granted based on the application materials
submitted by Dick Jonovich of Abacus Project Management. 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 Community
Development 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 Community Development 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
April 13, 2012 (24) months after the date of the approval 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 -C y An appftcation for an extension of time shall be
submitted to the Community Development 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 Community Development
Director.
2. The temporary classroom buildings shall be removed within sixty (60)
days of issuance of the Certificate of Occupancy for the Lower School
RESOLUTION #: 10-04-13-03
Exhibit A
CONDITIONS OF APPROVAL
Project #: AC 10-006
Project Name: St. Margaret's Episcopal School
Temporary Modular Buildings
APPROVAL DATE:
April 13, 2010
EFFECTIVE DATE:
April 28, 2010
EXPIRATION DATE:
March 13, 2012
These conditions of approval apply to Architectural Control (AC) 10-006, approval of six
(6) temporary modular buildings totaling 8,000 square feet, located at 31461 La Novia
(APN 666-272-09). 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 Community
Development 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:
1. _ (AC) 10-006 approval is granted for the six (6) temporary modular
buildings totaling 8,000 square feet, located at 31461 La Novia (APN 666-
272-09). This approval is granted based on the application materials
submitted by Dick Jonovich of Abacus Project Management. 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 Community
Development 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 Community Development 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
April 13, 2012 (24) months after the date of the approval 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 -C y An appftcation for an extension of time shall be
submitted to the Community Development 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 Community Development
Director.
2. The temporary classroom buildings shall be removed within sixty (60)
days of issuance of the Certificate of Occupancy for the Lower School
Planning Commission Resolution 10-04-13-03 Final Conditions of Approval
AC 10-006 Date: April 13, 2010
Page 2 of 4
Building renovations identified in Phase III of the Master Plan or within two
(2) years after the issuance of Certificate of Occupancy for the Middle
School Building, whichever occurs first. The modular classroom buildings
shall not remain on-site for more than five (5) years from the date of
issuance of their respective Certificates of Occupancy. The applicant may
submit a time extension request no later than sixty (60) days prior to the
date of expiration of the five year period to be considered by the Planning
Commission.
3. _ Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
4. _ 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.
5. _ 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.
6. _ 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.
7. _ 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.
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
Planning Commission Resolution 10-04-13-03 Final Conditions of Approval
AC 10-006 Date: April 13, 2010
Page 3 of 4
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
9. _ 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)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
10._ Building Permit. Prior to installation, the applicant shall submit plans to the
Building Official for issuance of a building permit. Such plans shall be fully
dimensioned, in substantial conformance with those plans approved and
modified by the Planning Commission and Design Review Committee:
(PLN)
11._ 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 Department for review and approval, and shall comply with the
latest City -adopted edition of the applicable building codes. (B&S)
12. _ 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)
Responsible Agencies: B&S Building and Safety
ENG = Engineering
PLN = Planning
Planning Commission Resolution 10-04-13-03
AC 10-006
Date of Approval: April 13, 2010
Resolution No.
Effective Date
10 -04 -13 -XX
April 28, 2010
Applicant Acceptance of Conditions of Approval:
Ap scant Signature
A ✓t'*ts P->LjS �{
Final Conditions of Approval
Date: April 13, 2010
Page 4 of 4
Date
Applicant Name Title