PC Resolution-03-08-26-01L
PC RESOLUTION NO. 03-08-26-01
AC 01 -04 (SAN JUAN CAPISTRANO ANIMAL ADOPTION CENTER)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO CONFIRMING CERTIFICATION OF A NEGATIVE DECLARATION AND
APPROVING AN ANIMAL ADOPTION CENTER ON A 33,000 SQUARE FOOT PORTION
OF THE CITY’S NORTHWEST OPEN SPACE PROPERTY LOCATED AT 30311
CAMINO CAPISTRANO AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER I21 -050-21 (CAPISTRANO ANIMAL RESCUE EFFORT)
Whereas, Capistrano Animal Rescue Effort, a California non-profit
corporation, has requested approval of Architectural Control 01 -04 to allow an animal
adoption center on a 33,000 square foot portion of the City’s Northwest Open Space
property located at 3031 I Camino Capistrano which is General Plan-designated CP (1.3
Community Park) designation and classified as CP (Community Park) on the Official
Zoning Map; and,
Whereas, the City Council approved a 25-year license agreement with the
Capistrano Animal Rescue Effort to use a portion of the City’s Northwest Open Space
property to (I) establish and operate an animal adoption center to provide shelter and
medical care for stray, abandoned, or owner relinquished animals of San Juan Capistrano;
(2) to actively pursue suitable adoptions for all adoptable and treatable animals; (3) to
promote and support spayheuter programs; and (4) to prevent cruelty to animals by
supporting animal welfare legislation and education; and,
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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), prepared an initial
study pursuant to Section 15063 of the CEQA Guidelines, and pursuant to Section 15070
of the CEQA Guidelines, has issued a negative declaration and caused a Notice of
Negative Declaration to be posted pursuant to Section 15072 of the CEQA Guidelines, and
all mitigation measures have been included herein as conditions of approval, and has
otherwise complied with all applicable provisions of the California Environmental Quality
Act (CEQA); and,
Whereas, the Planning Commission has considered the Environmental
Review Board’s determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly noticed public meeting
on August 26, 2003 pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project.
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NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
c 1. The proposed project is consistent with the policies and objectives of the San
Juan Capistrano General Plan; and,
2. The proposed project complies with all applicable provisions of the Land Use
Code subject to the mitigation measures and conditions of approval
contained in this resolution; and,
3. The proposed use for the 33,000 square foot portion of the City’s Northwest
Open Space property has been approved by the City Council in a License
Agreement dated March 6, 2001.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby confirms issuance of a negative
declaration and approves Architectural Control 01 -04 (San Juan Capistrano Animal
Adoption Center), subject to the following mitigation measures and conditions of approval:
MITIGATION MEASURES
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I. Prior to issuance of any building permit, the applicant shall prepare and submit
a lighting plan and photometric analysis of the lighting plan which adequately
demonstrates the location and intensity of the proposed lighting. The lighting plan
shall be designed to comply with the provisions of Section 9-3.529, Lighting of the
Land Use Code as determined by the Commission. The lighting plan shall include
the location of all lighting, light source (high pressure sodium, metal halide), lens
(NEMA) type, height, mounting (building, pole, etc.), vertical tilt, horizontal
orientation, cutoff/shielding type. The photometric analysis shall evaluate lighting
intensity to the nearest 0.1 footcandle on not less than ten foot grid, and evaluate
adequate off-site area to demonstrate compliance with City standards, subject to
review and approval by the Design Review Committee (Planning Department).
2. All exterior lighting fixtures shall be provided with shielding and situated so that
direct light does not encroach on adjoining properties (Planning Department).
3. Operation of the facility as an animal rescue center and kennel shall implement
strict guidelines as to the proper disposal and daily cleaning of the facility to ensure
that odors created from the storage of animals is not detected off-site. Prior to
issuance of a Certificate of Occupancy, the applicant shall prepare and submit
business operation guidelines to the Planning Director for review and approval. All
animal fecal matter and veterinarian waste shall be properly sealed and disposed
of in a timely manner. If the odors imitating from the site becomes a public
nuisance, the license agreement for the facility shall be subject to revocation by the
City Council (Planning Department).
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Prior to issuance of a grading permit, the applicant shall submit dust control
plans/procedures for managingkeducing dust and PM,!, emissions associated with
grading and construction to the satisfaction of the Planning Director or his designee.
Plans/procedures for PM,, emissions reduction will be consistent with South Coast
Air Quality Management District (SCAQMD) Rule 403 and may include use of soil
binders, truck washing, street sweeping, and regular vehicle maintenance (Planning
Department).
During periods when average wind speeds exceed twenty-five (25) miles per hour,
the City’s grading inspector shall have the authority to require the project to cease
all grading activity, or implement extraordinary air quality mitigation to effectively
reduce fugitive dust emissions (PM,,) (Engineering Department).
Prior to issuance of any grading or building permits for the site, the applicant
shall provide and implement mitigation measures prepared by a wildlife specialist
to ensure that the arroyo toads are not impacted by the project, and that
construction of the facility shall not be performed during the migratory bird nesting
season (February 15-August 31), subject to final review and authorization to
proceed from the Planning Director (Planning Department).
Prior to issuance of a grading permit, which would permit trenching or grading
at a depth of eighteen inches or greater, the applicant will retain the services of a
SOPA (Society of Professional Archeologists) - certified archeologist who will
monitor all grading and excavation for potential impacts on cultural resources,
including archeological, paleontological, and historic resources. The applicant will
provide an executed contract for services with a SOPA-certified archeologist,
including a scope-of-work which provides for comprehensive monitoring; a
contingency for assessment, recovery, and/or evaluation; and the preparation of a
technical memoranda or report. In the event cultural resources are encountered
during grading, the monitor may cease grading operations, consistent with City
Council policy, to allow for the assessment, recovery, and/or evaluation of any
cultural resources (Planning Department).
Prior to issuance of a grading permit, the applicant shall submit a “Subsurface
Geotechnical Investigation” completed by a licensed engineering geologist
professionally certified by the State of California to conduct such work subject to
approval by the Chief Building Official, or an analysis of the proposed project vis-a-
vis any previously prepared “Subsurface Geotechnical Investigation”. The grading
plan design will be based upon the analysis and recommendations contained in the
approved “Subsurface Geotechnical Investigation”. Any change in
recommendations and/or design shall be subject to review and approval by the
City’s Engineering and Building Department (Engineering Department).
Prior to issuance of any grading or building permit, the applicant shall submit
detailed hydraulic/hydrologic report which evaluates drainage areas, storm water
runoff, existing and proposed storm water drainage facilities to the satisfaction of
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the City Engineer. Prior to issuance of any building or grading permits, the City
Engineer or his designee shall determine that the existing public storm water
drainage facilities potentially impacted by the project are adequate to accommodate
all drainage associated with the subject proposal. The City Engineer may require
upgrade of the existing public storm water drainage facilities in order to
accommodate the project’s runoff (Engineering Department).
Prior to issuance of any building or grading permit, the proposed storm water
drainage system design shall comply with the City’s adopted “storm water
management regulations and policies” and subject to review and approval by the
City Engineer or‘ his designee (Engineering Department}.
Prior to issuance of a grading permit, the applicant shall demonstrate compliance
with the applicable provisions of the National Pollution Discharge Elimination
System (NPDES) requirements subject to the satisfaction of the City Engineer
(Engineering Department).
Prior to issuance of any building or grading permit, the applicant shall submit
a storm water management design incorporating best management practices (BMP)
to minimize impacts to surface water quality (Engineering Department).
Prior to issuance of a grading permit, the applicant shall be required to secure
approval of a “haul route permit” from the Engineering & Building Department. The
City may restrict the hours of import/export to exclude the AM and PM peak periods
so as to minimize impacts to the Ortega HighwayIRancho Viejo Road intersection
(Engineering Department).
CONDITIONS OF APPROVAL
PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY PERMITS:
14. Outside Asencv Permits. Prior to issuance of a grading permit, the applicant is
required to obtain other applicable regulatory agency permits, such as U.S. Corp.
of Engineers and the State of California Department of Fish and Wildlife. The
applicant is required to submit copies of the applicable permits (or a letter statign
no permit is required) to the Planning Department prior to issuance of a grading
permit.
15. Pav Fees. 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 the Capistrano Valley Water District Standard Specifications
and the License Agreement for the use of the City’s open space, executed on
March 6, 2001, and shall post securities to insure satisfaction performance
(Engineering Department).
16. SoilslGeology 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 for a Soils ReporVGeotechnical Feasibility Study,
prepared by a Registered Geologist and/or Soil 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 substructure bedding/backfill recommendations for drive ways and parking
lot areas (Engineering Department).
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17. Grading 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 for Grading Plans prepared by a Registered Civil Engineer.
These plans shall show the project driveway lined up directly across from the
existing Serra Vista driveway, the limits of grading, drainage, water, sewer, trash
enclosure which connects to the sewer system. 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 (Engineering Department).
18. Water Quality Reauirements and Compliance.
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a. Construction Requirements. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for
review and shall obtain approval for Erosion and Sediment Control Plans,
prepared by a Registered Civil Engineer. These plans shall show all
temporary and/or permanent erosion and sediment control measures in
accordance with the NPDES Permit (Engineering Department).
b. Post-Construction Requirements. Prior to Planning Commission
consideration, the applicant submitted to the Engineering Department a
conceptual WQMP for review and approval. The Engineering Department
reviewed and approved the conceptual document. This document
incorporated the structural and non-structural and treatment control Best
Management Practices (BMPs).
Applicant shall incorporate into the project all the post construction Best
Management Practices (BMPs), structural and non-structural, and treatment
control BMPs, such as the grassy swales along the South East and North
West portions of the property as shown on the reviewed and approved
conceptual BMP, submitted to the Engineering Department on August 20,
2003. Applicant shall submit a final WQMP for review and approval prior to
submittal of grading plans. The applicant shall also comply with all the
requirements of the latest NPDES Permit, the City’s Water Quality Ordinance
and Local Implementation Plan and the Clean Water Act (Engineering
Department).
PRIOR TO ISSUANCE OF BUILDING PERMITS:
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Front Elevation Fountain/Landscape Element. Prior to issuance of a building permit
for the front elevation design element, the applicant shall submit plans for review
and approval by the Design Review Commitlee (Planning Department).
Parkinq. Parking space size dimensions shall comply with the Municipal Code
requirements (Planning Department).
Trash Enclosure. The trash enclosure shall be constructed per the CR&R
specifications, including primed P-traps that connect to the sewer system (Planning
Department).
Water Improvement Plan. Prior to issuance of any building permit, the applicant
shall be responsible to design and submit for review and obtain approval of a water
improvement plan prepared by a Registered Civil Engineer. The plan shall include
the off-site water improvements and the on-site private water facilities that are
necessary to provide the required domestic, non-domestic, fire protection water
demands (Public Works Department).
Fire Flow and Fire Protection Requirements. Prior to issuance of any building
permit, the applicant shall be responsible for obtaining, from the Orange County Fire
Authority, the required fire flow demands and fire protection requirements necessary
to service the subject property and provide a copy of to the City (Public Works
Department).
Fire Department Fire Flow Review. Prior to issuance of any grading or building
permits, the applicant shall provide evidence of adequate fire flow. The "Orange
County Fire Authority WaterAvailabilityfor Fire Protection"form shall be signed bythe
applicable water district and submitted to the Fire Chief for approval. If sufficient
water to meet fire flow requirements is not available, an automatic fire extinguishing
system may be required in each structure affected (Orange County Fire Authority).
Automatic Sprinkler Svstem. Prior to issuance of a building permit, the applicant shall
submit plans for any required automatic fire sprinkler system in any structure to the
Fire Chief for review and approval. Please contact the Orange County Fire Authority
at (714) 744-0499 to request a copy of the "Orange County Fire Authority Notes for
New NFPA 13 Commercial Sprinkler Systems" (Orange County Fire Authority).
Fire Hydrant Location Plan. Prior to issuance of any building permits, the applicant
shall submit a fire hydrant location plan to the Fire Chief for review and approval
(Orange County Fire Authority).
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27. Hazardous Materials. Prior to issuance of a building permit, the applicant shall submit
to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or
gases to be stored, used or handled on site. These materials shall be classified
according to the Uniform Fire Code and a document submitted to the Fire Chief with
a summary sheet listing the totals for storage and use for each hazard class. Please
contact the Orange County Fire Authority at (714) 744-0499 or visit the Orange
County Fire Authority website to obtain a copy of the “Guideline for Completing
Chemical Classification Packets” (Orange County Fire Authority).
28. Hazardous Materials Disclosure Chemical Inventory. Prior to issuance of a building
permit, the applicant shall complete and submit to the Fire Chief a copy of a
“Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan”
packet. Please contact the Orange County Fire Authority Hazardous Materials
Services Section at (714) 744-0463 to obtain a copy of the packet (Orange County
Fire Authority).
29. Fire Access Roads. Prior to issuance of any building permits, the applicant shall
obtain approval of the Fire Chief for all fire protection access roads to within 150 feet
of all portions fo the exterior of every structure on site. Please contact the Orange
County Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority
website to obtain a copy of the “Guidelines for Emergency Access” (Orange County
Fire Authority).
30. Fire Lanes. Prior to issuance of any building permits, the applicant shall submit plans
and obtain approval from the Fire Chief for fire lanes on required fire access roads
less than 36 feet in width. The plans shall indicate the locations of red curbs and
signage and include a detail of the proposed signage including the height, stroke and
colors of the lettering and its contrasting background. Please contact the Orange
County Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority
website to obtain a copy of the “Guidelinesfor Emergency Access Roadways and Fire
Lane Requirements” (Orange County Fire Authority).
31. Water Imtxovements. Prior to issuance of any building permit, the applicant must
follow the requirements set forth in the City’s Water Standard Specifications Section
300.3 for any water improvements requiring dedication of an easement to the City.
A “Preliminary Title Report“ must be provided to the City for verification of any
conflicting utilities. Partial reconveyances or subordination agreements will be
required if the title is not clear or if other easements overlap the proposed easement.
The easement must be deeded to the City and “Title Policy” provided for said
easement (Public Works Department).
All fees to provide a “Preliminary Title Report,” easement deed, legal description,
easement sketches, easement document recordation, and providing “Title Policy”
shall be the responsibility of the applicant.
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Cost Estimate (Water FacililtieslPrivate Fire Service). Prior to issuance of any
building permit, the applicant's engineer shall prepare and submit to the City a
construction cost estimate of the water facilities to be dedicated to the City and the
private fire service improvements, if applicable, and will be used as the basis for the
calculation of fees and surety amount (Public Works Department).
DomestidNon-Domestic Water DeveloDment Charqes. Prior to issuance of any
building permit, the applicant shall pay all applicable Domestic and Non-Domestic
(Recycled) Water Development Charges, as last revised, and post the required
securities in compliance to the City's Water Standard Specifications (Public Works
Department).
Landscaee/lrrigation Immovements. The landscapehrrigation improvements shall be
served with recycled water in the future and must be designed in accordance to City's
"Rules and Regulation for Users of Non-Domestic Water" and the Municipal Code for
Water Conservation Landscape, section 9-3.61 7 (Public Works Department).
Hvdraulic Calculations. Prior to issuance of any building permit, the applicant's
engineer shall prepare and submit to the Clty hydraulic calculations to determine the
diameter of the water pipes and whether the minimum fire flow requirements can be
provided with the proposed improvements (Public Works Department).
Water Service/Dedicated Water Facilities Aqreement. Prior to issuance of any
building permit, an agreement between the City and the applicant concerning water
service and construction of the dedicated water facilities shall be executed, if required
by the City (Public Works Department).
Water Submittal Requirements After ApDroval of Water Improvement Plans. Prior to
issuance of any building permit, and after the water improvement plans have been
approved by the City, the applicant shall submit six sets of 24" x 36" blueline prints of
the signed plans, one set of sepia mylars, and the originals to the City (Public Works
Department).
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
38. Final Landscape Plan. Prior to issuance of a certificate of occupancy, the applicant
shall submit a final landscape plan for review and approval by the Design Review
Committee (Planning Department).
39. Insurance Requirements. Prior to issuance of a certificate of occupancy; the applicant
shall submit proof of insurance for liability and premises liability insurance in the
amount of not less than $1 million ($1,000,000) per occurrence or combined single
limit. Proof of insurance (including production of an appropriate endorsement form)
shall be submitted to the City Attorney's office for approval prior to occupancy. The
City, its elected officials, appointed officials, and employees shall be named as
additional named insuredson said policy. The applicant shall maintain at all times the
appropriate liability and premises liability insurance (Planning Department).
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40. Siqn Permits. Prior to issuance of a certificate of occupancy, the applicant shall
submit plans for their proposed signs to allow time for review and approval by the
Design Review Committee, Planning Commission, or planning staff , whichever is
applicable (Planning Department).
41. No ImDrovement Within the Ultimate Right-of-Wav. No improvement shall be
constructed within the City’s ultimate right-of-way. For any construction of temporary
retaining wall, necessitated to continue supporting the existing power poles due to
grading, the applicant shall, prior to issuance of Certificate of Occupancy, enter into
an Easement License Agreement with the utility companies and with the City. The
agreement shall include language which specifies that if the utility companies or the
City must demolish any improvements within the easement areas, the costs for
repairlreplacement of these improvements will be borne by the applicant (Engineering
Department).
42. 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, including the driveway
which shall be lined up directly across from the existing Serra Vista driveway in
accordance with the approved plan and approved exceptions (Engineering
Department).
43. Excavation and Resurfacinu of Streets. Prior to issuance of certificate of occupancy,
for any lateral (perpendicular to street) trenches, excavation and resurfacing of streets
shall be per City Standard 700. For any logitudinal tranches (parallel to street),
excavation and resurfacing of streets shall require cold milling and at minimum, an
overlay of 0.1 foot in depth for one full travel lane width. If travel lanes are bisected
by longitudinal trenches or excavations, the entire lane widths, partially or fully
affected by such trenches or excavations shall require cold milling and at minimum,
an asphaltic overiay of 0.1 foot in depth. All cold milling and overlaying and/or other
street resurfacing methods, such as slurry-seals, if approved by the City Engineer,
shall include the entire length of the excavation plus a three (3) foot extension passed
the longitudinal edges of each cut (Engineering Department).
44. Water Facilities/Easements. Prior to issuance of final Certificate of Occupancy, the
applicant shall be responsible to construct all water facilities necessary to seive the
subject property and dedicate any water easements where required, to the City at no
cost to City, in accordance with the City’s Water Standard Specifications and to the
satisfaction of the City (Public Works Department).
45. Automatic Fire Sprinkler System. Prior to issuance of a certificate of use and
occupancy, the automatic fire sprinkler system, if required, shall be operational in a
manner meeting the approval of the Fire Chief (Orange County Fire Authority).
46. Fire Lanes. Prior to issuance of any certificate of use and occupancy, the fire lanes
shall be installed in accordance with the approved fire lane plan. The CC&Rs or
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other approved documents shall contain a fire lane map, provisions which prohibit
parking in the fire lanes, and a method of enforcement (Orange County Fire
Authority).
PRIOR TO ACCEPTANCE OF PUBLIC WATER IMPROVEMENTS
47. As-Built Chanqes. Prior to final acceptance of the public water improvements, the
applicant's engineer shall request the originals from the City and incorporate all "as-
built" changes into the original mylars. These plans showing all "as-built" changes are
to be stamped "RECORD DRAWINGS". The "RECORD DRAWINGS are to be
resubmitted to the City along with four sets of blueline plans for checking.
Once the "RECORD DRAWINGS" are approved by the City, the applicant's engineer
shall provide to the City the original "RECORD DRAWINGS", one final blueline set,
and a copy of the improvements on a floppy disk in a CAD compatible *.DWG or
*.DXF format file in accordance with the City's Digital Submission Standards (Public
Works Department).
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become
effective following expiration of the fifteen (1 5) day appeal period without filing of an appeal
application. The appeal period shall expire at 5 p.m. on the day of September, 2003.
This project approval shall be valid for a period of two years from the date of approval of this
resolution, and shall expire on August 26, 2005. A time extension request or subsequent
permit applications related to this discretionary approval must be submitted to the City prior
to that date.
PASSED, APPROVED AND ADOPTED this 26th day of August, 2003, by the
following vote, to wit:
AYES: Commissioners Cardoza, Cohen, and Ratcliffe
NOES: Commissioner Neely
ABSTAIN: None
ABSENT: Commissioner Proctor
William Ramsey,
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