PC Resolution-05-09-27-02 RESOLUTION NO. 05-09-27-02
GATES OFFICE BUILDING ATM/BANK
ARCHITECTURAL CONTROL (AC) 04-08 MODIFICATION
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO CONDITIONALLY APPROVING A MODIFICATION TO ARCHITECTURAL
CONTROL (AC) 04-08 FOR AN ATM AND BANK PARKING FOR THE GATES OFFICE
BUILDING ON APPROXIMATELY.838 ACRE OF LAND LOCATED AT 31601 AVENIDA
LOS CERRITOS (APN 650-151-17)
Whereas, on August 18, 2005 Cerritos Land Partners, LLP, submitted an
application for a Modification to Architectural Control (AC)approval to permit a commercial
bank and associated ATM machine for an office building on approximately .838 acre of
land located at 31601 Avenida Los Cerritos; and,
Whereas, the Planning Commission, as part of their consideration, also
reviewed the issue of a Code Interpretation relative to bank parking, and determined that
the proposed commercial bank operational characteristics are more similar to a general
office use; therefore, the parking provided will adequately meet the parking demand for the
commercial bank as well as other general office uses proposed for the site; and
Whereas, the proposed project has been processed pursuant to Chapter 9-2,
Article 3 of Title 9 of the San Juan Capistrano Municipal Code; and,
Whereas, the project has been evaluated in conjunction with the California
Environmental Quality Act, and the City's Environmental Administrator has determined that
the project qualifies as a Class 3(e)exemption under the provisions of Section 15303(e)of
the CEQA Guidelines, and is therefore categorically exempt from further review; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on September 27, 2005 on the proposed project and has considered all relevant public
testimony, written comments, and written and oral staff reports.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The project qualifies as a Class 3(e) exemption under the provisions of Section
15303(e) of the CEQA Guidelines, and is therefore categorically exempt from
further review.
2. The proposed bank and associated ATM, as conditioned, will comply with all
applicable sections of Title 9 of the San Juan Capistrano Municipal Code.
3. As conditioned, the general design of the ATM machine, including the character,
scale and quality of the design, will not significantly alter the project design, and will
be generally consistent with applicable citywide design guidelines.
PC Resolution 05-09-27-02 2 September 27, 2005
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control 04-
08 Modification, based upon the findings set forth herein and subject to the Conditions of
Approval contained in Attachment 1 of this resolution, of which said attachment is hereby
expressly incorporated by reference as if set out in full 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 5:00 pm, 12th day of October, 2005. This
project approval shall be valid for a period of one (1) year from the date of approval of this
resolution, and shall expire on September 27, 2006, unless the use for which this approval
was granted has been established prior to that date.
PASSED,APPROVED AND ADOPTED this 27th day of September, 2005, by the following
vote, to wit:
AYES: Commissioners Cohen, and Drey, Vice Chairman Cardoza
and Chairman Neely
NOES: Commissioner Ratcliffe
ABSTAIN: None
ABSENT: None
Ti eely, air a
JAe&14
Molly Bo h Pla ing Director, Secretary
Resolution#05-09-27-02 Draft/Final Conditions of Approval
AC04-08Modification Date: September 27, 2005
Page 1 of 4
RESOLUTION #: 05-09-27-02 \
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project#: AC04-08 Modification Project Name: Gates Office Building
ATM/Parking Interpretation for Commercial Bank Use
APPROVAL DATE: September 27, 2005
EFFECTIVE DATE: October 12, 2005
EXPIRATION DATE: September 27, 2006
These conditions of approval apply to Architectural Control (AC) 04-08 Modification
permit regarding the bank parking and ATM machine for an office building on a .838-
acre lot located at 31601 Avenida Los Cerritos. 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 purposes 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. AC 04-08 Modification is granted for a commercial bank, including the
associated parking and ATM machine for the Gates Office Building
located at 31601 Avenida Los Cerritos (APN 650-151-17). This approval is
granted based on the application materials submitted by Brad Gates as it
specifically relates to Pacific Mercantile Bank. The commercial bank and
associated ATM is 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 approval which are
determined by the Planning Director to be in substantial conformance with
the approved sign program, and which do not intensify or change the use
or require any deviations from adopted standards, may be approved by
the Planning Director upon submittal of an application and the required
fee. If not appealed, this approval shall become effective on the first
business day following the fifteenth (15th) day after the date of the
Planning Commission's approval and shall expire September 27, 2006, 12
months after the date of the approval unless the use or occupancy which
is the subject of this action has taken place and all conditions of approval
have been met, or a time extension has been granted by the City. Any
application for an extension of time shall be submitted to the Planning
Department, along with the required fee, at least ninety (90) days prior to
*Denotes Environmental Mitigation Measure
Resolution #05-09-27-02 Draft/Final Conditions of Approval
AC04-08Modification Date: September 27, 2005
Page 2 of 4
the expiration date of this approval, except as otherwise approved by the
Planning Director.
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,
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. 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.
7. 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.
*Denotes Environmental Mitigation Measure
Resolution#05-09-27-02 Draft/Final Conditions of Approval
AC04-08Modification Date: September 27, 2005
Page 3 of 4
8. 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.
9. 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)
10. The Conditions of Approval, contained as Exhibit 1 to Planning
Commission Resolution No. 04-10-26-01 approving the Gates Office
Building shall remain in full force and effect. (PLN)
11. This approval is only for the Pacific Mercantile Bank tenant use of the
Gates Office Building within the space as designated by this approval, and
shall not apply to any other bank, savings and loan or other similar
institution, unless the successor lessee is submitted to the Planning
Director, and the Director makes a finding that the successor lessee is a
commercial bank operation substantially the same as the Pacific
Mercantile Bank and has the same parking requirement. The bank shall
not expand into additional space within the building, and no other similar
institution shall be permitted to occupy other space within the building,
unless the Planning Director makes a finding that the use is of a general
office nature. The Director may refer the matter to the Planning
Commission for approval if he/she feels there is insufficient clarity in the
operational characteristics of the specific proposed use. (PLN)
12, The signage and lighting for the proposed ATM shall be incorporated into
the Sign Program for the Gates Office Building., Lighting and signage shall
be limited to the minimum needed to provide for public safety. Prior to
issuance of a building permit for the ATM, the final design, including
details of lighting for the ATM and area, light intensities (photometrics),
and ATM signage shall be submitted for final DRC review and approval.-
(PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA= Orange County Fire Authority
*Denotes Environmental Mitigation Measure
Resolution#05-09-27-02 Draft/Final Conditions of Approval
AC04-08Modification Date: September 27, 2005
Page 4 of 4
Date of Approval: September 27, 2005
Resolution No.: 05-09-27-02
Effective Date: October 12, 2005
Applicant Acceptance of Conditions of Approval:
By.
r
Brad Gates Date
*Denotes Environmental Mitigation Measure