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