PC Resolution-09-03-24-02PC RESOLUTION NO. 09-03-24-02
MISSION VILLAGE FACADE IMPROVEMENT (AC) 08-049
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A FACADE IMPROVEMENT FOR
THE EXISTING BUILDING IN MISSION VILLAGE, LOCATED AT 32151
AND 32121 CAMINO CAPISTRANO (APN 668-073-12 AND 668-083-03).
WHEREAS, Aaron Peluso of CCH Corporation is proposing'a fagade
improvement for the existing building in Mission Village, located at 32151 and 32121
Camino Capistrano (APN 668-073-12 and 668-083-03). The proposed project site is
General Plan designated as General Commercial and classified as General Commercial
(GC) on the Official Zoning Map; and,
WHEREAS, MV/ The Village LLC is the owner of real property located at
32151 and 32121 Camino Capistrano (APN 668-073-12 and 668-083-03); 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 reviewed the project at the
January 15, 2009 meeting and recommended approval of the project, subject to their
comments and recommendations; and,
WHEREAS, the Planning Commission conducted a duly noticed public
meeting on March 24, 2009 pursuant to Section 9-2.313 of the Municipal Code to consider
public testimony on the proposed project; and,
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,
building height, and exterior illumination levels. Because the proposed project meets
all development standards, and all applicable supplemental district standards it is
PC Resolution 09-03-24-02 2 March 24, 2009
found to comply with all provisions of Title 9 of the San Juan Capistrano Municipal
Code.
2. The proposed improvements are consistent with the General Plan as it does not use
open space areas for development because it is merely a facade improvement to an
existing structure. Because the proposed project does not create undue visual
impacts, it is found to be consistent with the General Plan.
3. The proposed improvements do 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 adequate in size, provide sufficient access, and has no impact on open space.
4. The proposed improvements are in keeping with the character of San Juan
Capistrano and with the Spanish Mission style architecture. The new entry arcades
provide a readily identifiable building entry and articulated building fagade, which is
substantially consistent with the Architectural Design Guidelines.
5. The site plan is functional and safe in regards to existing conditions because the
site contains defined pedestrian access. The proposed improvements are
consistent with the existing layout of the structure and adequate pedestrian access
is maintained under the covered walk way. The site provides adequate vehicular,
bicycle, and pedestrian access and does not create any adverse impacts on
identified trails.
6. The proposed project does not 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 improvements are in scale with the surrounding community and do not
create a structure which dominates the surrounding streetscape. Therefore, due to
the project not generating significant adverse impacts to the surrounding
community, it is found to be consistent with the surrounding community.
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, April 8,
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 09-03-24-02 3 March 24. 2009
PASSED, APPROVED AND ADOPTED this 24th day of March, 2009, by the
following vote, to wit:
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioners Kerr, Mocalis,
and Neely
NOES:
ABSTAIN:
ABSENT:
Sheldon Cohen, Chairman
Grant Taylor, 3&rcretary
These conditions of approval apply to Architectural Control (AC) 08-049, approval
fagade improvement at 32401 Camino Capistrano, generally located 450 .feet south of
Del Obispo St. on the west ,side of Camino Capistrano, 32121 and 32151 Camino
Capistrano (APN 668-073-12 and 668-083-03). 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) 08-049 approval is granted for the facade improvement for the
buildings located at 32121 and 32151 Camino Capistrano (APN 668-073-
12 and 668-083-03). This approval is granted based on the application
materials submitted by Aaron Peluso. 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 March 24, 2011, (24)
months after the effective 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 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.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
RESOLUTION #: 09-03-24-02
Exhibit A
CONDITIONS OF APPROVAL
Project #: AC 08-049
Project Name: Mission Village Fagade
Improvement
APPROVAL DATE:
March 24, 2009
EFFECTIVE DATE:
April 8, 2009
EXPIRATION DATE:
March 24, 2011
These conditions of approval apply to Architectural Control (AC) 08-049, approval
fagade improvement at 32401 Camino Capistrano, generally located 450 .feet south of
Del Obispo St. on the west ,side of Camino Capistrano, 32121 and 32151 Camino
Capistrano (APN 668-073-12 and 668-083-03). 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) 08-049 approval is granted for the facade improvement for the
buildings located at 32121 and 32151 Camino Capistrano (APN 668-073-
12 and 668-083-03). This approval is granted based on the application
materials submitted by Aaron Peluso. 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 March 24, 2011, (24)
months after the effective 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 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.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
Planning Commission Resolution 09-03-24-02 Final Conditions of Approval
AC 08-048 Date: March 24, 2009
Page 2 of 3
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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:
Planning Commission Resolution 09-03-24-02 Final Conditions of Approval
AC 08-048 Date: March 24, 2009
Page 3 of 3
9. 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)
10. 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)
11. 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
Date of Approval: March 24, 2009
Resolution No.: 09-03-24-02
Effective Date: April 8, 2009
Applicant Acceptance of Conditions of Approval:
By:
Applicant Signature
Applicant Name
'5/ 1 zcoc�
Date
Title