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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