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