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PC Resolution-07-07-24-01PC RESOLUTION NO. 07-07-24-01 ARCHITECTURAL CONTROL (AC) 06-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING ARCHITECTURAL CONTROL AC 06-13 FOR A RETAIL /OFFICE BUILDING AT CAMINO CAPISTRANO AND AVENIDA PADRE (ASSESSOR'S PARCEL NUMBER 668-453-12)(CAPISTRANO VILLAGE) WHEREAS, Daniel Friess, 31505 Paseo Christina, San Juan Capistrano, CA 92675 has filed an application with the City of San Juan Capistrano for approval of an Architectural Control application for a new single -story 3,300-sq.ft. retail and office building on an approximately 9,000 sq.ft, parcel at the corner of Camino Capistrano and Avenida Padre, the landscaping -site plan for the project being per Exhibit A attached hereto and the legal description being Assessors Parcel 668-453-12; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Initial Study was prepared for the above -referenced project which found that the proposed project will not have a significant effect on the environment, and the City's planning staff accordingly recommended that the Planning Commission approve a Negative Declaration and that no environmental impact report be required; and WHEREAS, on June 26 and July 24, 2007, the Planning Commission of the City of San Juan Capistrano conducted a duly -noticed public meeting regarding the proposed project and considered evidence presented by the Design Review Committee, City staff, and other interested parties; and WHEREAS, the property is designated "General Commercial" on the City's General Plan Land Use Policy Map and is zoned "GC" — General Commercial on the City's Official Zoning Map; and WHEREAS, The Planning Commission finds as follows with regard to the Architectural Control application: The proposed land use and development are permitted under the City's Land Use Code (Title 9 of the Municipal Code) in that retail and office uses are permitted principal uses under the City's Land Use Code (sec. 9-3.303), and are consistent with the goals, objectives, and policies of the Land Use Element and other Elements of the San Juan Capistrano General Plan. 2. The site is suitable for the type and intensity of development that is proposed in that it complies with the type and intensity requirements of the General Plan and the development standards of Section 9-3.303 of the Land Use Code. 3. As conditioned, the proposed development will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties and improvements in the vicinity in that the land use is consistent with the General Plan and Land Use Code and is harmonious with the existing and planned land uses on surrounding properties. 4. As conditioned, the proposed development will not be unsightly or create disharmony with its locale and surroundings in that the site, landscaping, architectural, and other plans have been reviewed to ensure design quality and consistency with applicable City ordinances and policies relating to design and visual standards. 5. As conditioned, the proposed development will minimize or eliminate adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design or location in that the development is consistent with the General Plan and Land Use Code relating to land use, development standards, and other applicable regulations and policies. NOW THEREFORE BE IT RESOLVED, that: Section 1: Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared for this project. After reviewing the Initial Study and the proposed Negative Declaration, the Planning Commission hereby: a. Determines that, with implementation of the identified mitigation measures, the project will not have a significant impact upon the environment and an environmental impact report shall not be required b. Approves the Negative Declaration, attached hereto with the Initial Study as "Exhibit C", reflecting the independent judgment of the City of San Juan Capistrano. Records relating to the Initial Study and Negative Declaration are retained in the Planning Division of the City of San Juan Capistrano. C. Determines, pursuant to Title 14, California Code of Regulation Section 753.5(c)(1), that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources of the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the Planning Commission finds that any presumption of adverse impact has been adequately rebutted, and therefore, pursuant to Fish and Game Code Section 711.2 and Title 14, California Code of Regulations Section 753.5(a)(3), determines that the project shall not be required to pay Fish and Game Department filing fees. Section 2: Based on the preceding findings, the Planning Commission hereby approves Architectural Control application AC 06-13 subject to the conditions listed in Exhibit B attached hereto. PASSED, APPROVED AND ADOPTED this 24th day of July, 21007 by the following vote, to wit: AYES: Chairman Cardoza, Commissioners Kerr and Ratcliffe. NOES: None ABSTAIN: Bone ABSENT: Vice Chairman Cohen and Commissioner Neely. �.•-r7'oza, Chairman Steven Apple, C r RESOLUTION NO. 07-07-24-01 EXHIBIT B CONDITIONS OF APPROVAL Project #: Architectural Control (AC) 06-13 Project Name: Capistrano Village APPROVAL DATE: July 24, 2007 EFFECTIVE DATE: August 7, 2007 EXPIRATION DATE: July 24, 2007 These conditions of approval apply to Architectural Control AC 06-13, an application to construct a new single -story 3,300-sq.ft. retail and office building on an approximately 9,000 sq.ft. parcel at the corner of Camino Capistrano and Avenida Padre, plus renovation of planting hardscape and parking areas for adjacent buildings in the same ownership. Any proposed change of use, expansion of the area, or modifications to the site plan or structures shall be submitted to the city Planning 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. CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF- WAY IMPROVEMENT PERMITS: 1.1. Fees and Securities. Prior to issuance of grading and right-of-way improvement permits, the applicant shall fulfill all applicable fee requirements in accordance with the City Municipal Code and shall post securities for all on-site, off-site and frontage improvements to insure satisfaction of performance. Security may be reduced upon partial completion of public improvements to the satisfaction of City Engineer. (ENG) 1.2. Gradinq Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer and Building Official for their review and obtain approval of grading plans prepared by a registered civil engineer. The extent of the topography shall be extended enough to determine the drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. Unless determined otherwise by the City Engineer, runoff must be filtered with Best Management Practices (BMP's) methods then conveyed to the street or to a City approved drainage facility. (ENG) 1.3. Soils/Geology Report. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer and Building Official for their review and obtain approval of a Soils Report/Geotechnical Feasibility Study, prepared by a registered geologist and/or Soils Engineer, to determine the seismic safety and soils stability of all proposed grading and development improvements within the project as well as any affected adjacent property. The Report shall also indicate preliminary Capistrano Village Conditions of Approval Page 2 pavement sections and substructure bedding/backfill recommendations for the driveway and parking lot areas. (ENG) 1.4. Street Frontage Improvement Plans. Prior to issuance of applicable right of -way improvement permits, the applicant shall submit to the City Engineer for review, and shall obtain approval of, street frontage Improvement Plans for Avenida Padre prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements. (ENG) 1.5. Sewer, Water and Trash. Prior to approval of on-site utility plans, the applicant shall obtain approval of sewer, water and trash plans by the City Engineer, and shall obtain approval of a site plan prepared by a registered civil engineer showing the sewer and water service lines and their corresponding points of connection with the City public main lines. The site plan shall include the trash enclosure(s) that shall be covered with solid roof, its floor surface, if deemed necessary by the City Engineer, shall be connected to the sewer system through an inlet in the center with a traffic rated grate; a concrete apron shall be constructed in front of the trash enclosure. The site plan shall be specific to the project, which reflects consistency with the City's Sewer and Water standards. Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer. (ENG) 1.6. Water Improvement Agreement. Prior to the issuance of grading and right-of-way improvements permits, the applicant shall execute a Water Improvement Agreement with the City, shall pay all applicable domestic and non-domestic Water Development Charges in accordance with the Water Division Schedule of Rates and Charges, as last revised, and shall post the required securities to insure satisfactory performance of proposed public water improvements in compliance with City water standard specifications. (PW) _1.7. Fire Flow Demands. Prior to the issuance of grading and right-of-way improvements permits, the applicant shall obtain from the Orange County Fire Authority (OCFA) the required fire flow demands and fire protection requirements to serve the subject project and shall provide evidence of satisfactory fire flow. (PW) _1.8. Hvdraulic Analysis Prior to the issuance of grading or right-of-way improvements permits, the applicant shall be responsible for the design of water improvements necessary to provide for domestic water facilities adequate to provide the required fire protection water facilities and domestic water demands. The applicant shall submit a hydraulic analysis which supports said water demands to the Public Works Department. (PW) 1.9. Dedication of Water Facilities. Prior to the issuance of grading and right-of-way improvements permits, the applicant shall dedicate, at no cost to the City, all public water facilities, water rights, and any required easements to the City for related project improvements. (PW) _1.10. Water Improvement Plans. Prior to the issuance of grading and right-of-way improvements permits, the applicant shall submit to the City Engineer and the Public Works Directorfor review, and shall obtain approval for, sewer and water plans prepared by a Registered Civil Engineer. These plans shall be specific to the project and shall reflect consistency with the City's Sewer and Water Master Plans, City municipal codes, standards, specifications, and City water standard specifications. The sewer plans shall Capistrano Village Conditions of Approval Page 3 indicate that all proposed sewer manholes shall be lined with polyurethane, or equal approved material, at the applicant's cost to the satisfaction of the City Engineer (Engr. & PW) _1.11. Properties in Flood Hazard Areas. Prior to issuance of a precise grading permit for any property wholly or partially located within the Special Flood Hazard Area AO, as established by the Federal Insurance Rate Map (FIRM), building pad elevations may be required to be constructed above a specific elevation, which shall be confirmed with the Federal Emergency Management Agency (FEMA) during Grading Plan Design. (ENG) _1.12. Building Pad Elevations in Flood Areas. Prior to issuance of grading and right-of-way improvement permits, the applicant shall provide to the Engineering and Building Director a letter of verification from the Flood Insurance Administration (FIA) confirming that the proposed building pad elevations are designed above the minimum specific elevation required by FIA. (ENG) _1.13. FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). Prior to issuance of grading and right-of-way improvement permits for any property wholly or partially located within the 100 -year Flood Hazard Area on the Flood Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for review and obtain approval for all documentation required by the Federal Emergency Management Agency (FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as required by FEMA. (ENG) 2. CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: _2.1. Fees and Securities. Prior to issuance of Building Permits, the applicant shall fulfill all applicable fee requirements in accordance with the City Municipal Code and shall post securities for all on-site, off-site and frontage improvements to insure satisfaction of performance. Security may be reduced upon partial completion of public improvements to the satisfaction of City Engineer. (ENG) _2.2. Dry Utilities. Prior to issuance of Building Permits, the applicant shall submit to the City Engineer, for review and obtain approval of improvement plans for any above -ground electrical, gas, telephone and cable television and appurtenant pedestals to ensure compatibility with existing and proposed improvements. Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer. (ENG) 2.3. Completion of Water Improvements. Prior to the issuance of building permits, the applicant shall complete the construction of all domestic water system, non-domestic (recycled) water system improvements, and irrigation facilities required to serve the subject project in compliance with City municipal codes, standards, specifications, the Rules and Regulations for Users of Non-domestic Water and the City's water standard specifications. (PW) 2.4. Non-domestic Irrigation Improvements. Prior to the issuance of building permits, the applicant shall be responsible ford esigning all landscaping and irrigation improvements that are identified as a non-domestic (recycled) water use in accordance to the City water standard specifications, the Rules and Regulations for Users of Non-domestic Water, and the City Municipal Code 9-3.617. (PW) Capistrano Village Conditions of Approval Page 4 2.5. Historic Depiction Program. Prior to issuance of building permits, the owner or designee shall submit for review and obtain City approval of a Historic Depiction Program (HDP) plan consistent with City Council Policy 606. Also, prior to issuance of a Certificate of Occupancy, the owner or designee shall either install the approved HDP, pay the in -lieu fee, or provide a bond or equivalent as determined by the Planning Director for deferral of the HDP, in compliance with the requirements of the HDP plan approved for the project. (PLN) FIRE PROTECTION CONDITIONS: _2.6. Fire Hvdrant Location. Prior to issuance of a building permit, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. (Fire) _2.7. Water for Fire Flow. Prior to the issuance of a building permit, the applicant shall provide evidence of water for adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water authority and submitted to the Fire Chief for approval. (Fire). _2.8. Water Availability. Prior to the issuance of a building permit, the applicant shall submit a letter on company letterhead stating that water for fire -fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without Orange County Fire Authority approval obtained as a result of an on-site inspection. (Fire) _2.9. Fire Sprinklers. Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in all structures to the Fire Chief for review and approval. (Fire) 3. CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: _3.1. 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. (PLN & ENG) 3.2. Complete All Improvements to the City's Satisfaction. Prior to issuance of Certificate of Occupancy, the applicant shall complete, to the satisfaction of the City Engineer, all facility improvements, necessary to serve the development in accordance with the approved plan and approved exceptions. (ENG) 3.3. Provide Mylars of Plans and Digital Copies. Prior to issuance of a certificate of occupancy or final inspection, the applicant shall submit to the City Engineer and the Public Works Director for review and obtain approval of the reproducible "As -Built" Plans of all public improvement works completed and accepted. Said plan shall be prepared by a registered civil engineer. Additionally, the applicant shall submit 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, storm drain, and street improvements, and shall submit digital copies of all "As -Built" plans in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. (ENG/PW) Capistrano Village Conditions of Approval Page 5 FIRE PROTECTION CONDITIONS: 3A. Completion of Sprinkler System. Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate that the required sprinkler system is operational in a manner meeting the approval of the Fire Chief. (Fire) Responsible Agencies: B&S Building and Safety ENG = Engineering Department PLN Planning Department PW - Public Works OCF - ©range County Fire Authority Applicant Acceptance of Conditions of Approval: By: Daniel L. Frie s l"c� Date