PC Resolution-07-07-24-02PC RESOLUTION NO. 07-7-24-2
ZONE VARIANCE (ZV) 07-01
ARCHITECTURAL CONTROL (AC) 05-03 MODIFICATION #1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ZONE VARIANCE (ZV) 07-01,
ARCHITECTURAL CONTROL (AC) 05-03 MODIFICATION #1, TO ALLOW
ENCROACHMENT OF A TRASH ENCLSOURE IN THE FRONT SETBACK FOR AN
APPROVED WEDDING AND SPECIAL EVENT FACILITY LOCATED AT 31431 CAMINO
CAPISTRANO, GENERALLY LOCATED 650 FEET SOUTH OF LA ZANJA STREET
(ASSESSORS PARCEL NUMBER 121-130-04) (THE VILLA TRASH ENCLOSURE)
Whereas, John Q. Humphreys, 31752 Los Rios St., San Juan Capistrano, CA
92675 has requested approval of A Zone Variance and an Architectural Control
Modification to allow to vary from Section 9-3.303 of the Land Use Code (Commercial
District Development Standards) to allow a required trash enclosure to be located within
the 20' front yard setback for the approved wedding and special event facility on an existing
0.24 acre property located at 31431 Camino Capistrano which is General Plan -designated
General Commercial and classified as General Commercial 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 proposed modification to the trash enclosure does not require
technical changes or additions to the project's previously approved Mitigated Negative
Declaration, so no further environmental documentation is required pursuant to Section
15162 of the California Environmental Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on July 24, 2007, pursuant to Title 9, Land Use Code, Section 9-2.335, City Council Policy
5, and Planning Department Policy 510 to consider public testimony on the proposed
project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings with respect to
Zone Variance 07-01:
1. There are special circumstances applicable to the property including size, location,
or surroundings so that the strict application of the Code would deprive the property
of privileges enjoyed by other properties in the vicinity and with the same zoning
classification in that:
PC Resolution 07-7-24-2 2 July 24, 2007
the size of the site, the configuration of existing buildings, one of which is
historically sensitive, and the lack of a parking lot constrain the location of the
necessary trash enclosure.
b. The ability to spatially separate the enclosure from event dining patrons is a
privilege enjoyed by other uses in the zone with outdoor dining. Achieving
that separation while still providing acceptable access for refuse collection
necessitates the trash enclosure's location within the front yard setback.
2. The granting of the variance would not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and under the
same zoning in that:
a. Each project's site plan is considered on its own merits. Refuse collection
areas are sited and designed to be architecturally compatible with the
particular project, to allow operational access, and to minimize nuisances to
adjacent properties. This project has been designed to those criteria, but the
constraints of the site and character of the use have resulted in the unique
location of the enclosure in the front setback.
b. Strict application of Section 9-3.303 would deprive the applicant of privileges
enjoyed by other properties in the vicinity and same zoning district by not
allowing the applicant to pursue the approved use with adequate site security
and separation between the refuse collection area and dining areas.
The variance will not result in development which is otherwise inconsistent with the
provisions of Title 9 of the Municipal Code in that, with the exception of the
proposed 16' front setback for the enclosure, the modified project meets all of the
provisions of Title 9 of the Municipal Code.
4. The variance will not result in development which is inconsistent with the goals,
policies, and objectives of the General Plan in that the General Plan designates the
property as General Commercial (GC), and the modified project will continue to be
compatible with the surrounding uses, patterns of development and character of the
area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings in
relation to Architectural Control 05-03 Modification #1:
The project plans comply with all provisions of Title 9 of the San Juan Capistrano
Municipal Code in that, with the exception of the proposed 16' front setback for the
enclosure, the modified project meets all of the provisions of the Land Use Code
and development standards for the General Commercial zoning district.
PC Resolution 07-7-24-2 3 _ July 24, 2007
2. The architectural and general design of the project is generally consistent with the
goals, policies and objectives of the Community Design Element and all other
applicable provisions of the General Plan in that:
a. The modified project involves an existing developed commercial site with
only a minor modification to one element of the project that alters the location
of the trash enclosure by moving it approximately seven feet forward from its
approved location.
b. The trash enclosure has been designed with high quality materials to match
the existing architecture on the site. Thus, the project will continue to be
consistent with the Community Design Element goal to encourage and
preserve a sense of place because it represents an upgrade to an existing,
vacant commercial building through a high-quality design that complements
the City's historic character.
3. The site plan is compatible with surrounding existing and proposed land uses in that
the request represents a minor change that will not cause any measurably greater
nuisances to the adjacent property than the project as approved. Other aspects of
the approved project that were identified concerns are not proposed to be modified
and continue to be addressed through the project's original conditions of approval.
4. The general design considerations, including the character, scale and quality of the
design are consistent with the adopted Architectural Design Guidelines of the City in
that the project reinforces the character of the area by incorporating the existing
distinctive buildings, one of which is on the City's Buildings and Sites of Distinction
List, and existing courtyard into the project.
5. The site plan is functional and safe in regards to existing or mitigated off-site
conditions as they relate to adequacy of vehicular, bicycle and pedestrian circulation
in that:
a. The modified trash enclosure location will not affect vehicular functioning of
the site plan during events since approved event parking will be off-site
through a valet service. Parking for non-event weekday use of the facility
office will be in the courtyard as anticipated with the project's original
approval.
b. Refuse collection by CR&R will not be materially altered by the modified site
plan.
6. The general landscape design, including the location, type, size, color, texture and
coverage of plant materials has been considered to insure visual relief to
complement buildings and structure in that:
PC Resolution 07-7-24-2 4 July 24, 2007
a. The existing project conditions of approval require new landscape to be
reviewed by the Planning Director, with referral to the Design Review
Committee if necessary, to ensure appropriateness of design in relation to
the existing buildings.
b. Additional conditions are proposed for this request to upgrade the plant sizes
in the proposed landscape plan to ensure sufficient softening and screening
for the enclosure and to require review of the hardscape and gate
materials/colors by the Design Review Committee.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit B, 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 5:30 p.m., Wednesday, August 8,
2007. This project approval shall be valid for a period of two (2) years from the date of
approval of this resolution, and shall expire on July 24, 2049, unless a time extension
request or building permit application related to this discretionary approval is submitted to
the City prior to that date.
PASSED, APPROVED AND ADOPTED this 24th day of July, 2007, by the
following vote, to wit:
AYES: Commissioners Kerr, Ratcliffe and Chairman Cardoza
NOES: None
ABSTAIN: None
/�RobehCa�ro&a,Chairman
Steven Apple, AIC e tary
PC RESOLUTION NO. 07-7-24-2
EXHIBIT A
CONDITIONS OF APPROVAL
Project #: ZV 07-01, AC 05-03 MOD #1 Project Name: The Villa Trash
Enclosure
APPROVAL DATE:
July 24, 2007
EFFECTIVE DATE:
August 8, 2007
EXPIRATION DATE:
July 24, 2009
These conditions of approval apply to Zone Variance 07-01, Architectural Control 05-03
Modification No. 1 for approval of a trash enclosure that encroaches into the front yard
setback for an approved wedding and special event facility on an existing 0.24 acre parcel
zoned General Commercial located at 31431 Camino Capistrano (APN: 121-130-04). Any
proposed change of use or 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.
General Conditions:
This approval shall be subject to all conditions of PC Resolution No. 06-4-11-
1, for CUP 05-06, AC 05-03, TRP 04-169 except as modified herein.
2. _ 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.
3. _ 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.
4. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services related
PC Resolution 07-7-24-2 Final Conditions of Approval
ZV 07-01, AC 05-03 Mod #1, The Villa Trash Enclosure Date of Approval: July 24, 2007
page 2 of 3 Effective Date: August 8, 2007
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.
5. _ 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.
6. _ 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.
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:
9. _ Prior to approval of the final inspection for the existing permitted construction
at the project site, the owner shall submit for, and obtain approval of, a
revised building permit for the trash enclosure designed in substantial
conformance to the site plan, planting plan, and elevations and details
prepared by Tony Brown and date-stamped May 31, 2007, subject to the
following:
a. The enclosure's gates are intended to be faced with wood and
hardware to match the existing wood gates for the project to the
satisfaction of the Planning Director or designee. However, prior to the
issuance of a Certificate of Occupancy the applicant shall submit to
the Planning Department six copies of plans for DRC review of the
hardscape paving and gate material and color. (DRC)
b. If the proposed steel posts in front of the enclosure are deemed to be
necessary, the steel posts shall be painted to match the surface
behind each post and shall be regularly maintained.
PC Resolution 07-7-24-2 Final Conditions of Approval
ZV 07-01, AC 05-03 Mod #1, The Villa Trash Enclosure Date of Approval: July 24, 2007
page 3 of 3 Effective Date: August 6, 2007
C. The gates shall be fitted with 90 degree hinges.
d. The apron in front of the trash enclosure shall be paving to match the
courtyard unless concrete is required. In that event, the concrete shall
be colored to complement the color of the project's enhanced paving.
e. A final landscape and irrigation plan shall be included in compliance
with all applicable provisions of Land Use Code Section 9-5.327.
Symbols shall be shown for all proposed plant types. Minimum shrub
sizes shall be 5- and 15 -gallon. No espaliers/vines shall be allowed
adjacent to the enclosure. (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 oc upy the project site, as specified below:
10. nstallation of Landscaping. Prior to approval of final inspection (of each
phase) the developer shall install all landscaping and irrigation. The
developer 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)
The following "going conditions shall be complied with at all times after
completion the project.
11. The project shall ensure an on-going high level of maintenance for the trash
enclosure area. Oil shall not be stored within the trash enclosure, and no
storage of any trash or recyclable materials outside the bins or trash
enclosure shall be allowed. If deemed necessary by the City Engineer based
on operation of the use, the owner shall incorporate a recycle/trash
compactor inside the project area to minimize the size of waste before it is
deposited into the bins, and may need to implement additional CR&R service
on weekends with multiple events.(ENG)
Responsible Agencies: B&S = Building and Safety
ENG = Engineering Department
PLN Planning Department
Applicant Acceptance of all conditions of approval:
Date: I~Z L-1