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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