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PC Resolution-08-05-27-02PC RESOLUTION NO. 08-5-27-2 Architectural Control (AC) 87-05 Mod#1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO ADOPTING A NOTICE OF EXEMPTION AND APPROVING ARCHITECTURAL CONTROL (AC) 87-05 Mod#1 TO RE -DESIGN AND CONSTRUCT LANDSCAPE AND ARCHITECTURAL IMPROVEMENTS WITHIN THE MARBELLA COMMUNITY ENTRYWAY GENERALLY LOCATED AT THE ENTRANCE TO GOLF CLUB DRIVE, APPROXIMATELY 20 FEET EAST OF RANCHO VIEJO ROAD AND 400 FEET SOUTH OF THE MARBELLA VISTA AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 650-611-03 (MARBELLA PROPERTY OWNERS ASSOCIATION). Whereas, Hourian Associates on behalf of the Marbella Property Owners Association, has requested approval of Architectural Control to allow the re -design and construction of landscape and architectural improvements within the Marbella Community Entryway which is General Plan -designated Open Space Recreation (OSR), and classified as Planned Community (PC) (CDP 86-4) on the Official Zoning Map; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 (Existing Facilities) categorical exemption, and will cause the Notice of Exemption to be posted pursuant to Section 15061(d) 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), has considered all project environmental documentation and technical studies; and, Whereas, the Planning Commission conducted a duly -noticed public meeting on May 27, 2008 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comment. 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 plans have been reviewed and staff has determined the plans to be in compliance with the applicable provisions of Title 9 of the San Juan Capistrano Land Use Code because, the addition to the guard house is consistent PC Resolution 08-5-27-2 2 May 27, 2008 with the maximum height of 35 feet and as project is proposing 19'-6" and is consistent with the materials and finishes requirements; and, 2. The project is consistent with the policies and objectives of the Community Design Element and all other applicable provisions of the General Plan because the project is consistent with the following policies under the Community Design Goal 1: Policy 1.2: "Encourage high-quality and human scale design in development to maintain the character of the City,` and, The project is also consistent with the following policy under the Community Design Goal 2: Policy 2.1: "Encourage development which compliments the City's traditional, historic character through site design, architecture, and landscaping". Staff has determined that the proposed project design is generally consistent with the goals, policies, and objectives of the Community Design Element; as well as, all other applicable provisions of the General Plan; and, 3. The project is situated within the Planned Community (PC) (CDP 86-4) District. The project is compatible with the surrounding existing and proposed land uses because the proposed project is an enhancement to an existing entryway into the Marbella Community. Adjacent communities also contain decorative entry gates and in some cases include a guardhouse; and, 4. The project is consistent with the adopted Architectural Design Guidelines because substantiation is provided in the staff report dated May 27, 2008, that the project has complied with goals and standards for landscaping, architecture, vehicular circulation, and new construction; and, 5. The site plan is functional and safe in regards to the proposed additions because the project will result in a smoother traffic flow system and will also provide an all weather shelter for the security personnel. Overall, the existing vehicular circulation pattern will be altered to provide smoother access for residents and visitors; and, 6. The proposed project is consistent with the landscape design requirements because the plan will provide foundation planting along the base of the proposed walls and in front of the guardhouse. The landscape plan is Mediterranean and is consistent with the exiting palette. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby approve the project and a Notice of Exemption, subject to the conditions of approval contained in Exhibit "A" attached hereto and incorporated herein; and, PC Resolution 08-5-27-2 3 May 27, 2008 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 5:00pm, Wednesday, June 11, 2008. This project approval shall be valid for a period of 24 months from the date of approval of this resolution, and shall expire on May 27, 2010 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 27th day of May, 2008, by the following vote, to wit: AYES: Chairman Cohen, Vice Chairman Ratcliffe, Commissioners Neely, Cardoza and Kerr. NOES: None ABSTAIN: None ABSENT: None Sheldon Cohen, Chairman Grant Taylor,"Assistant Planning Director, Secretary PAPlanning\Projects\AC PROJECTS 2000-\Ac0612VaqueroWest\ac0612 PC reso 22May07.doc RESOLUTION #: 08-5-27-2 Exhibit A CONDITIONS OF APPROVAL Project #: Architectural Control (AC) 87-05 Mod#1 Project Name: Marbella Community Entry APPROVAL DATE: May 27, 2008 EFFECTIVE DATE: June 11, 2008 EXPIRATION DATE: May 27, 2010 These conditions of approval apply to the above -referenced project application described in more detail below. 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. Architectural Control (AC) 87-05, Mod#1: Marbella Community Entry, Marbella Homeowners Association proposes to re -design the entry area pilasters, fencing, entry gates, adding a fountain, enhancing the monument sign, re -designing the landscaping and installing additional lighting and remodel of the guard house located 20 feet east of Rancho Viejo Road and 400 feet south of the Marbella Vista. This project approval .is based on and subject to the application materials prepared and submitted by Hourian Associates on May 15, 2008 including site plan(s), building elevations, floor plans, and a landscape plan. These plans and the proposed use of the project site are hereby incorporated by reference into this approval, 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 project approval may be approved by the Planning Director pursuant to Section 9-2.303, Administrative approvals of Title 9; Land Use Code. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 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, PC Resolution #08-5-27-2 Final Conditions of Approval Proiect # AC 87-05, Mod #1, Marbella Community Entry Pape 2 of 8 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. Sign approval for the project is a separate process requiring the issuance of a sign permit and building permits, and is subject to review and approval by the Planning Department and Building and Safety Department. 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 use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 9. 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. 10. The applicant is responsible for paying required fees to the California Department of Fish and Game, and any related fee of the County of Orange for processing environmental documents. 11. 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) PC Resolution #08-5-27-2 Final Conditions of Approval Proiect # AC 87-05, Mod #1, Marbella Community Entry Page 3 of 8 The following conditions of approval shall be met prior to issuance of a building permit: 12. Traffic Control Plans. Prior to issuance of a building permit, the applicant shall submit to the City Traffic Engineer and obtain approval for Traffic Control Plans and final improvement plans for all traffic mitigation improvements, including both on-site and off-site. Any exception shall be subject to review and approval by the City Engineer. (ENG) 13. Encroachment Permit. Prior to the issuance of any building permit, the applicant shall apply and receive approval of an encroachment permit. (ENG) 14. Revised Plans. Prior to issuance of a building permit the applicant shall submit a revised site plan to the Planning Department for approval which incorporates changes approved by the Planning Commission and reflects consistency with these conditions of approval and with the City's Design Guidelines. Six copies of the revised site each plan are required, except as otherwise authorized by the Planning Director. (PLN) 15. Orange County Fire Authority (OCFA) Approval. Access Gates Prior to issuance of any building permits, the applicant shall obtain approval from the Fire Chief for the construction of any gates across required fire department access roads. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (OCFA) 16. Orange County Fire Authority (OCFA) Approval. Remote Gate Openings Devices Prior to the issuance of a certificate of occupancy, the applicant shall install a remote preemptive gate opening device or a remote devoice that uses 800mhz radio frequency to open any electrically operated gate installed with Knox override key switch. Gate detail plans shall be submitted to OCFA indicating type of device that will be installed. For a list of potential vendors and additional information, please visit the OCFA website at http://www.ocfa.org/innerpage/pandd.htm. (OCFA) 17. County Surveyor Requirement. Prior to any construction, existing controlling monumentation shall be protected by tying it out and filing Corner Records with the County Surveyors Office showing those ties prior to construction. The applicant shall replace said monumentation in the new surface following construction, and again file a Corner Record with the County Surveyors Office showing the final monumentation. (ENG) 18. Applicable Codes. Prior to issuance of building permits, 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) PC Resolution #08-5-27-2 Final Conditions of Approval Project # AC 87-05, Mod #1, Marbella Community Entry Pape 4 of 8 19. Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Department for review and approval by all applicable departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Planning Commission, Design Review Committee, City Council and/or Planning Director (as applicable). Plans shall address the following: (PLN) a. The final conditions of approval shall be incorporated into the construction plans and shall be reproduced on the front page of the construction plans. b. Location and method of screening for all roof -mounted and building - mounted equipment shall be demonstrated on the elevations, including but not limited to kitchen exhaust vents, air conditioning and heating units, utility boxes, and backflow devices. All equipment shall be screened from public view and designed to be an integral component of the building design. All roof -mounted equipment shall be screened from view by parapet walls or other architectural means. The applicant shall demonstrate to the satisfaction of the City Planner that no roof - mounted equipment will be visible from the public right-of-way. Screening shall be compatible with main structures and include landscaping where appropriate. c. Elevations shall note that all exterior exposed gutters and downspouts must be painted to match the surface to which they are attached, or shall be decorative. d. Location of all building -mounted light fixtures shall be shown on the elevations. A detail of said fixtures shall be shown on the elevations, and fixtures shall be decorative and complementary to the building architecture. 20. Water System Improvements/Relocation. Prior to the issuance of building permits, the applicant shall submit a water relocation plan prepared by civil engineer that shows the existing waterline and the proposed re -relocation of the waterline. (PW) 21. Backflow Prevention. Prior to the issuance of a building permit, the applicant shall address the exiting water services, fire services, and backflow devices that are not in compliance with current regulations; and the noncompliant items must be amended and/or reconstructed to be in compliance with the City's standard specifications, ordinances, and/or the department of health regulations. (PW) 22. Water Fees. Prior to the issuance of building permits for any water improvements, the applicant shall pay all applicable domestic and non- domestic Water Development Charges in accordance with the Water Department Schedule of Rates and Charges, as last revised, and shall PC Resolution #08-5-27-2 Final Conditions of Approval Proiect #A C 87-05, Mod #1, Marbella Community Entry Pape 5 of 8 post the required securities to insure satisfactory performance of proposed public water improvements in compliance with City water standard specifications. (PW) 23. Final Landscape Plans. Prior to issuance of building permits, Final Landscape Plans shall be submitted to the Planning Department for review and approval. Final Landscape Plans shall show the following information and requirements: (PLN) a. Type, location, and size of all proposed new plant material. Proposed landscaping shall incorporate water conservation techniques and drought resistant plants. b. All trees on site to be removed and retained. Tree removals shall comply with the City's Tree Permit requirements. c. Turf areas shall be limited in area in designed to minimize overspray. Turf areas shall be separated from non -turf areas by a mow strip or header. d. Backflow devices and utility pedestals shall be located so as to be visually inconspicuous, or screened with landscaping. e. Decorative hardscape and walkways, indicating materials and colors. Where pedestrian walkways cross drive aisles, decorative paving shall be used. f. Location, height, materials and colors of all proposed and existing walls and fences. The following conditions and requirements shall be met during construction, from the beginning of the first ground -disturbing activity until the use has been released for occupancy. 24. Compliance with approved plans. At all times during construction, the applicant shall ensure compliance with approved construction mitigation plans, including: (ENG) a. Haul Route Plan b. Traffic Control Plan c. Construction Debris Recycling Plan d. Temporary Use Permit (TUP) for construction trailer and staging areas.(PLN) 25. Pre -construction Meeting. Contractor shall attend a pre -construction meeting with the Building and Safety Department prior to commencement of any construction on the site. (B&S) PC Resolution #08-5-27-2 Final Conditions of Approval Proiect #A C 87-05, Mod #1, Marbella Community Entry Page 6 of 8 26. Waste Disposal and Sanitation. At all times during construction, the applicant shall maintain adequate sanitary disposal facilities and solid waste disposal containers on site. The accumulation of refuse and debris constituting a public nuisance is not permitted. (ENG) 27: Construction hours. Construction hours shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction activity shall not be permitted on Sundays or any Federal holiday. (PLN) 28. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any construction trailer and staging areas for equipment and materials. (PLN) The following conditions shall be met prior to acceptance of improvements and release of bonds and/or surety, final utility clearances, or granting permission to use or occupy the project site, as specified below: 29. Complete all Improvements to the City's Satisfaction. Prior to issuance of certificate of occupancy or prior to acceptance of improvements and release of performance securities, whichever occurs first, the applicant shall complete, to the satisfaction of the City Engineer, all facility improvements required and necessary to serve the development in accordance with the approved plan and approved exceptions. (ENG) 30. Provide As -Built Mylars/Digital Format. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Duplicate Mylar Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer. Additionally, the applicant shall submit digital copies of all "As Built" plans, at no cost to the City, in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. (ENG) 31. Monumentation Restored and Corner Records Filed with County. Prior to acceptance of improvements and release of performance securities, the applicant's surveyor shall set all required monumentation during construction. Monumentation and corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Section 8771 of the Business and Professional Code. (ENG) 32. Record Drawings. Prior to the acceptance of water, sewer, storm drain, and street improvements and release of performance securities, the applicant shall submit to the Public Works Director for review and obtain approval for reproducible "Record Drawing" mylar plans that call out any deviations from the signed plans of all the domestic water system, non- domestic (recycled) water system, and the landscape irrigation system, sewer, These "Record Drawings" are also required in.digital format; at no PC Resolution #08-5-27-2 Final Conditions of Approval Project # AC 87-05, Mod #1, Marbella Communes Entry Page 7 of 8 cost to the City, in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards." (PW) 33. Replace Driveway and Curb Depressions with Sidewalk and Curbs. Prior to acceptance of improvements and release of performance securities, the applicant shall remove any existing drives and/or curb depressions that are determined to be unnecessary by the City Engineer and shall replace them with full height curb and sidewalks. (ENG) 34. Curb and Gutter Repair. Prior to acceptance of improvements and release of performance securities, any existing sections of curb and gutter damaged during construction may require to be repaired or replaced by the applicant, depending on the condition of these improvements prior to and after construction. (ENG) 35. Solid Waste Reduction/Recycling Management Program. Prior to approval of final inspection of each phase, the project applicant shall coordinate with City staff and develop and implement a Solid Waste Reduction/Recycling Management Program for the project site. Features of the program shall include, but not be limited to: 1) distribution of separate receptacles for recyclables and trash throughout the project site; 2) separate dumpsters for recyclables and trash; 3) signs posted, near all receptacles conveying information regarding recyclable materials; 4) sorting of trash collected throughout the project site by facilities staff prior to dispensing in dumpsters; and, 5) restrictions on product type that will. be offered at concessions or vending throughout the project site. (PLN/ENG) 36. Installation of Landscaping Prior to approval of final inspection the applicant shall install all landscaping and irrigation. The applicant shall provide a certification, from a licensed Landscape Architect, stating that the landscape materials and irrigation system (tested for full coverage) have been planted and installed in compliance with the approved landscape plans. Additionally, all bicycle racks, pedestrian walkways, seating, and other improvements shown on the Final Landscape Plan shall be installed to the satisfaction of the Planning Department. (PLN) 37. 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, grading plans, wall plans, landscape/irrigation plans and elevations. If all improvements cannot be installed prior to occupancy, the City may approve a Deferred Improvement Agreement to defer the completion of the improvements provided that a bond, cash deposit, or other surety in a form and substance approved by the City Attorney, is submitted to the City in Lieu of installation of the improvements, that application and required fees are submitted, and that the incomplete improvements will not create an unsafe condition on the site. The term of the deferral shall be as determined by the Planning Director. (PLN) PC Resolution #08-5-27-2 Final Conditions of Approval Proiect # AC 87-05, Mod #1, Marbella Community Entry Page 8 of 8 38. Final Planning Inspection. A minimum of one week prior to final inspection by the Building and Safety Department, the applicant shall schedule a final inspection by the Planning Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. (PLN) The following ongoing conditions shall be complied with at all times after completion of the project. 39. Business License. The applicant, tenants, or successors in interest shall comply with the City's business license requirements. (PLN) 40. Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (PLN) 41. Noise. The applicant shall ensure that noise levels do not exceed levels permitted by the. Municipal Code. (PLN) Responsible Agencies: B&S: Building and Safety ENG: Engineering Department PLN: Planning Department PW: Public Works Department OCFA: Orange County Fire Authority Applicant Acceptance of Conditions of Approval: Jol i Hourian, Landscape Architect on behalf of lV arbella Homeowners Association 11 1-00 Date