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PC Resolution-09-03-10-01PC RESOLUTION NO. 09-03-10-01 TOMRA PACIFIC RECYCLING CENTER (VON'S) (AC) 08-048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A 496 SQUARE FOOT RECYLCING FACILITY AND AN EIGHT PERCENT (8%) MINOR PARKING EXCEPTION, LOCATED AT 32401 CAMINO CAPISTRANO (APN 668-091- 10). WHEREAS, Joe Perez of Tomra Pacific, Inc. is proposing a 496 square foot recycling facility to be located in the existing parking lot to the rear of the Von's building at 32401 Camino Capistrano (APN 668-031-10'). The proposed project site is General Plan designated as General Commercial and classified as General Commercial (GC) on the Official Zoning Map; and, WHEREAS, Donahue Schriber Realty Group is the owner of real property located at 32401 Camino Capistrano (APN 668-031-10; 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 15303 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 Design Review Committee reviewed the project at the December 4, 2008 meeting and recommended the proposed location for the recycling facility is acceptable, that the sign and side panels should be eliminated, and that screening with fencing and landscaping is not required; and, WHEREAS, staff had conducted a parking study in 2006 and determined that an 21 spaced (8%) parking deficit would be created by the recycling facility and approval of a minor exception pursuant to Section 9-2.351 of the Municipal Code; and, WHEREAS, the Planning Commission conducted a duly noticed public hearing on January 27, 2009 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project; and, PC Resolution 09-03-10-01 2 March 10, 2009 WHEREAS, the Planning Commission conducted a duly noticed public hearing on March 10, 2009 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 proposed project is consistent with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code. Specifically reviewed were required setbacks, lot coverage, building height, exterior illumination levels, and parking requirements. Because the proposed project meets all development standards, except for parking, and all applicable supplemental district standards it is found to comply with all provisions of Title 9 of the San Juan Capistrano Municipal Code. 2. The proposed facility is consistent with the General Plan as it does not use open space areas for development and is infill development. Further the proposed project is consistent with the Conservation and Open Space Element Policy 6.6 which is to promote energy conservation and recycling by the private and public sector by providing a recycling facility. Because the proposed project does not create undue visual impacts and promotes recycling it is found to be consistent with the General Plan. 3. The proposed facility does not create any inconsistencies with setbacks, or access. Further the proposed facility is does not impact existing open space areas as it is located in an existing developed hardscaped area. Therefore it is found to be consistent with this finding. The Planning Commission previously supported the approval of a minor exception for parking, pursuant to SJCMC Section 9-2.531. 4. The proposed facility is utilitarian in design and has been designed in such a context to reduce any undue visual impacts. The proposed location has been selected as to use existing building layout to provide screening. The proposed site design sets the project in the rear of the property to create limited visual impacts from public areas. The design has been selected to reduce undue visual impacts, and the location has been selected as to reduce potential visual impacts from public areas it is found to be consistent with the Adopted Design Guidelines. 5. The site plan is functional and safe in regards to existing conditions because the site contains defined pedestrian access. The proposed location of the recycling facility does not create internal circulation issues to the existing parking configuration by creating dead end areas or reducing existing drive aisles. The proposed project does not create any adverse impacts on General Plan identified bicycle and pedestrian trails. Because the site provides adequate vehicular, bicycle and pedestrian access and does not create any adverse impacts on identified trails it is found to be consistent with this finding. PC Resolution 09-03-10-01 3 March 10, 2009 6. The proposed project does not excessively intensify the use to such an extent as to reduce the compatibility of the use with surrounding existing and proposed land uses. Further, the proposed building is in scale with the surrounding community and does not create a structure which dominates the surrounding streetscape. The proposed facility is significantly removed from public areas as much as reasonably possible, thereby reducing potential adverse visual impacts. Therefore, due to the project not generating significant adverse impacts to the surrounding community, it is found to be consistent with the surrounding community. 7. The proposed structure is consistent with the Architectural Design Guidelines because the utilitarian design meets a functional purpose, while not attracting unneeded attention and does not create a hazard for vehicular circulation or pedestrians; and, 8. Signage will be eliminated, except for instructional/informational signage on the kiosk, and is, therefore, consistent with the recommendations of the Design Review Committee; and, 9. The granting of a 21 space (8%) minor exception will not create an adverse impact on the existing parking because of the location of the recycling facility relevant to the location of the main business entrances and a parking shortage does had not been created by the installation of the original recycling facility of similar size in the same location as the proposed facility; and staff has observed multiple parking spaces available adjacent to the proposed facility during peak hours for the center. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby approve the project and the minor parking exception 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, March 25, 2009. 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. PC Resolution 09-03-10-01 4 March 10, 2009 PASSED, APPROVED AND ADOPTED this 10th day of March, 2009, by the following vote, to wit: AYES: Vice -Chairperson Ratcliffe, Commissioners Kerr, Neely, and Mocalis NOES: Chairman Cohen ABSTAIN: ABSENT: Sheldon Cohen, Chairman Grant Taylor, ecretary These conditions of approval apply to Architectural Control (AC). 08-048, approval of a small recycling collection facility on an approximately 5.5 acre parcel located at 32401 Camino Capistrano, generally located on the west side of Camino Capistrano at Avenida Padre (APN 668-091-10). Any proposed change of use or expansion of the area or modifications to the site plan or recycling center 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) 08-048 approval is granted install a 496 square foot small recycling facility located in the parking lot at the rear of the Von's building located at 32401 Camino Capistrano (APN 668-091-10). This approval is granted based on the application materials submitted by Joe Perez of Tomra Pacific, Inc. These plans are approved as submitted 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 March 10, 2011, (24) months after the effective date of the approval unless the sign 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 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. RESOLUTION #: 09-03-10-01 Exhibit A CONDITIONS OF APPROVAL Project #: AC 08-048 Project Name: Tomra Pacific Recycling Center (Von's) APPROVAL DATE: March 10, 2009 EFFECTIVE DATE: March 25, 2009 EXPIRATION DATE: March 10, 2011 These conditions of approval apply to Architectural Control (AC). 08-048, approval of a small recycling collection facility on an approximately 5.5 acre parcel located at 32401 Camino Capistrano, generally located on the west side of Camino Capistrano at Avenida Padre (APN 668-091-10). Any proposed change of use or expansion of the area or modifications to the site plan or recycling center 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) 08-048 approval is granted install a 496 square foot small recycling facility located in the parking lot at the rear of the Von's building located at 32401 Camino Capistrano (APN 668-091-10). This approval is granted based on the application materials submitted by Joe Perez of Tomra Pacific, Inc. These plans are approved as submitted 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 March 10, 2011, (24) months after the effective date of the approval unless the sign 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 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. Planning Commission Resolution 09-03-10-01 Final Conditions of Approval AC 08-048 Date: March 10, 2009 Page 2 of 4 2. Signage shall be eliminated from the bins and kiosk, except for informational/instructional signage on the kiosk. The dormer shall also be eliminated. 3. The facility shall be maintained in a tidy manner. Upon arrival and in the preparation of operation the attendant shall inspect the facility and remove any materials which have been disposed of while the facility is not in operation. During the operation of the facility the attendant shall maintain a tidy and clean facility by not allowing recyclable materials to accumulate on the exterior of the facility. Prior to the closing of the facility the attendant shall inspect the facility and remove any materials that may have accumulated during the day's operation. 4. All recyclable materials shall be contained completely within the recycling facility and the materials shall be removed in a sufficient manner, so as to not allow recyclables to be stored outside of the facility. Prior to final installation of the facility, the applicant shall submit a service schedule to the Community Development Department. In the event that the removal frequency shall be deemed insufficient by the Community Development Director, the applicant shall submit a revised service schedule, subject to approval of the Community Development Director or his designee. 5. Any graffiti that is observed on the kiosk or roll off bins shall be remedied within 72 hours of notification of the operator. The remedy shall include replacing bins which have been tagged with graffiti with unblemished bins and the repainting of the kiosk which have been tagged with graffiti with a paint which matches the existing color of the kiosk. 6. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 7. 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. 8. 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 Planning Commission Resolution 09-03-10-01 Final Conditions of Approval AC 08-048 Date: March 10, 2009 Page 3 of 4 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. 9. 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. 10. 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. 11. 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. 12. 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: 13. Building Permit. Prior to installation, the applicant shall submit plans to the Building Official for determination of permit requirement. Such plans shall be fully dimensioned, in substantial conformance with those plans approved and modified by the Planning Commission and Design Review Committee: (PLN) 14. 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) Planning Commission Resolution 09-03-10-01 Final Conditions of Approval AC 08-048 Date; March 10, 2009 Page 4 of 4 15. Consistency with Approved Plans and Elevations. The project shall be constructed in accordance with all the approved pians and conditions of approval, including but not limited to site plans, landscape/irrigation plans, and sign elevations. (PLN) Responsible Agencies: B&S ENG = PLN = Date of Approval: March 10, 2009 Resolution No.: 09-03-10-01 Effective Date: March 25, 2009 Building and Safety Engineering Planning Applicant Acceptance of Conditions of Approval: By: _ t Applicant Signature Applicant -Name Date Title