PC Resolution-14-10-14-02PC RESOLUTION NO.14-10-14-2
ARCHITECTURAL CONTROL (AC)14-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO,CALIFORNIA APPROVING ARCHITECTURAL PLANS ASSOCIATED
WITH TENTATIVE TRACT MAP 16168,THE COVE ESTATES FOR AN APPROVED 4
SINGLE-FAMILY DETACHED,RESIDENTIAL HOME SUBDIVISION ON 1 ACRETHAT
COMPRISETENTATIVETRACT MAP (TTM)16168 LOCATED AT 26411,26391,26371,
AND 26351 VIA FLOR;APPROXIMATELY 100 FEET SOUTH OF PASEO TOSCANA
(ASSESSOR PARCEL NUMBER(S):668-521-79,668-511-93,668-511-92 &668-511-
91)(THREE G DEVELOPMENT,LLC)
Whereas,Louis Marano,Three G Development,LLC,11105 Quail Street,
Newport Beach,CA 92660,has requested approval ofArchitectural Control (AC)14-019 to
allow the development of an approved 4 single-family detached,residential home
subdivision on 1 acre that comprise Tentative Tract Map (TTM)16168,located at 26411,
26391,26371,and 26351 Via Flor,which is General Plan-designated Medium HighDensity
Residential and classified as RG-4,000 (SDP 99-01) 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 Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA)and determined that
the project as proposed with staff recommended conditions is consistent with the
November 1, 2005 City Council adopted Negative Declaration (ND)associated with
Tentative Tract Map 16168,Village Alipaz;and,
Whereas,the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act(CEQA),has considered the Environmental Administrator's determination;and,
Whereas,the Planning Commission conducted a duly-noticedpublichearing
on October 14,2014 pursuant to Title 9, Land Use Code,Section 9-2.302, CityCouncil
Policy 5 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 find that the project as proposed with staff
recommended conditions is consistent with the November 1,2005 City Council adopted
Negative Declaration (ND)associated with Tentative Tract Map 16168,Village Alipaz;by
Resolution 05-11-01-04.
Whereas, the record of proceedings on which the Planning Commission's
decision is based is located at City Hall forthe City of San Juan Capistrano, located at
32400 Paseo Adelanto,San Juan Capistrano,California and the custodian of record of
proceedingsisthe Development Services Department Administrative Coordinator.
NOW,THEREFORE,BE IT FURTHER RESOLVED,thatthe Planning Commission ofthe
City ofSan Juan Capistrano does herebymakethe following findings as establishedby
Section 9-2.313 ofTitle9, Land Use Code of the Cityof San Juan Capistrano with respect
to the Architectural Control (AC)application:
1.The proposed use and design ofthe projectcomplies with allapplicable provisions
ofTitle9 of the San Juan Capistrano Municipal Code because the projectincludes
proposed site and architectural plans designed consistent with the City'sadopted
Architectural Design Guidelines and the proposed development is in compliance
with applicable development standards;
2. The proposed use and design of the project is consistent with the goals, policies
and objectives of the General Plan, including the Community Design Element,
because the project design is substantially consistent with the development
standards of the RG-4,000 (SDP 99-01)zoning district,and the applicable
provisions of the City's Architectural Design Guidelines;
3.The site is adequate in size and shape to accommodate all yards,open spaces,
setbacks,parking,access,and other features pertaining to the application,as
established in the RG-4,000 (SDP 99-01)districts;
4.The character,scale and qualityof the architecture,site design and landscaping are
consistent with the adopted Architectural Design Guidelines of the City because the
project has been designed to incorporate architecture which relies on the use of
varied roof lines,varied building massing,varied setbacks,courtyards,and varied
color palettes and materials consistent with the eclectic style encouraged for single
family residential neighborhoods;
5.The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the project features a private drive that connects to Paseo
Toscana which provides a sidewalk on both sides of the street;which allows for safe
traffic access and flow consistent with Public Facility Standards maintained by the
Public Works & Utilities Department;
6.The proposed use and design of the project are compatible with surrounding and
proposed land uses and community character,including scale,intensity,massing,
architectural design,landscape design,and other development characteristics
because the proposed project design relies on the use of varied roof lines,varied
building massing,and the color boards are consistentwith the Architectural Design
Guidelines and compatible with the adjacent Village Alipaz community.
NOW,THEREFORE,BE IT FURTHER RESOLVED,that the Planning
Commission of the Cityof San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A,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 5:30pm,Wednesday,October 29,
2014.This project approval shall be validfor a period of 2 years from the date of approval
of this resolution,and shall expire on October 14,2016 unless a time extension request
has been submitted or a building/grading permit has been issued for the project prior to
that date.
PROTEST OF FEES,DEDICATIONS,RESERVATIONS OR OTHER
EXACTIONS:Pursuant to Government Code Section 66020,the applicant may protest the
imposition of fees,dedications,reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED,APPROVED AND ADOPTED this 14th dayof October,2014,by
the following vote,to wit:
<^A
Sheldon Cohen,Chairman
Charles View,Development Services Director
Secretary
EXHIBIT A
PC RESOLUTION# 14-10-14-2
CONDITIONSOF APPROVAL
PROJECT LOG #:Architectural Control (AC)14-019 (TTM 16168)
PROJECT NAME:The Cove Estates (formerly Village Alipaz)
APPROVAL DATE:October 14,2014
These conditions of approval apply to the above-referenced project application described in more^SZlhepu^JoUhBBB conditions,the term "applicant"shal also mean the
developer,the owner or any successors)In interest to the terms of this approval.
GENERAL CONDITIONS:
A The subject project proposes to development 4single-family detached residential—homesonlacrethatcomprises Tentative Tract Map (TTM)1616S The rosidential
subdivision features 4,000 square foot minimum lot sizes.TTM 16168 wasapprovedbytheCityCouncilonNovember1,2005 by Resolution 05-11-01-04.The
Architectural Control application includes the home architecture and landscapingplans,and site plan (depicting the location of residences on individual lots).The
project includes a private street which will connect to Paseo Toscana.The project
includes landscaping along the private street and within the development;including
fencing.The project is located at 26411,26391,26371,and 26351 Via Flor;
approximately 100 feet south of Paseo Toscana (Assessor Parcel Number(s):668-
521-79,668-511-93,668-511-92 &668-511-91).This project approval is based on
and subject to the application materials prepared by Hannouche Architects dated
September 8,2014,including site plan(s),building elevation(s),floor plan(s),and
preliminary landscape plan(s).These plans and the proposed use of the project site
are hereby incorporated by reference into this approval as submitted and conditioned
herein,andshallnotbe further altered unlessreviewed andapproved bythe affected
city departments.Minor modifications tothis project approval maybe approved by
the Development Sen/ices Director pursuant to Section 9-2.303, Administrative
approvals of Title 9,Land Use Code.
B. Approvalofthisapplication does notrelievethe applicantfromcomplying withother
applicableFederal, State, Countyor City regulationsor requirements.
C.All plans,specifications,studies,reports,calculations,maps,notes,legal
documents,anddesigns shall be prepared,stamped andsigned,ifrequired,only by
those individualslegallyauthorized to do so.
D.Legal Defense.The applicant/subdivider,its agents,and assignees shall defend,
indemnify and hold harmless the City of San Juan Capistrano,its elected and
appointed officials and employees,and its contract consultants,from any claim,
action or proceeding to attack,set aside,void,or annul any land use approvalassociatedwiththisproject,including but not limited to environmental impact report
requirements under CEQA,rezoning approvals,subdivision map approvals,or other
applicable City Municipal Code Title 9land use approvals.Upon notice provided bv
City to the applicant/subdivider,its agents,or assignees,of service of process ofsuchclaimsoractions,the project proponent,its agents,and assignee!??haH
PC Resolution H14-10-14-2 Conditions ofApproval
AC 14-019.The Cove Estates Page2of3
immediately act to provide an appropriate defense to such claims or actions.The
applicant/subdivider shall consult with the City Attorney regarding appropriate
defense counsel inthe event ofthe filing ofsuch claims or actions.(DSD)
E.Compliancewith Prior Project Approvals.Theprojectshall comply with all applicable
conditions of approval established byCityCouncil Resolutions 05-11-01-04.
1.THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIORTO ISSUANCE OF ANY
GRADING PERMIT(S):
1.1 PermitsRequired.Prior tothe commencement ofanygrading orconstruction activity
notprovided forinpreviously-approved permits,the project shallsecurethe required
grading and/or building permits from the City.All improvement work subject to
securingrequired gradingand/or building permits,whetherperformed on-siteor off-
site, shall secure said permit(s)to ensure the integrityand safety ofallexistingand
proposed publicimprovements affected byconstructionactivities.(PW.)
WATER INFRASTRUCTURE CONDITIONS:
1.2 Design of Water Facilities.Prior to approval of grading permits,the
applicant/subdivider shalldesign alldomesticand non-domesticwater facilities in
compliancewith Citywaterstandard specifications. Ifawater improvement phasing
planistobe implemented,the phasingplanshallbesubmittedwith the improvement
plansto the City Engineerand the Utilities Engineerfortheir review and approval.
(Water)
2.THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIORTO ISSUANCE OF ANY
RESIDENTIAL BUILDING PERMIT(S):
2.1 Plan Submittal:Prior to issuance ofany building permit for proposed residential
structures or other habitable structuressubject to providing sprinklersystemsper the
California Building Code (CBC),the applicant orresponsiblepartyshallsubmitthe
fire sprinklersystemplan(servicecodes PR400)totheOrangeCounty FireAuthority
forreviewand approval.Approval shallbe obtainedon each planpriortotheevent
specified.(OCFA)
2.2 Construction Plans. Prior to issuance of the first building permit,the
applicant/subdivider shallsubmitconstruction plansto the Development Services
Department forCity review and approval which shallinclude,as applicable,butnot
be limited to the following:
a. Grading plans (unless previouslyapproved bythe City).
b. Finalsite and landscape plans as partofthe Landscape Permitapplication.
c.Architectural elevations.
d.Wall/fence plans.
e. And other plans as specified by the Development Services Department.
(DSD)
2.3 Landscape Permit.Prior to the issuance of the first building permit,the
applicant/subdivider shall submit a Landscape Permit application to the
Development Services Department for review and approval.(DSD)
PC Resolution #14-10-14-2
AC 14-019.The Cove Estates
ConditionsofApproval
Page 3 of3
3.
2.4 Fence Permit.Priorto the issuance ofa fence permit,the applicant/subdivider shall
submita sample ofthe vinyl fence materialtothe DevelopmentServices Department
forreviewand approval.The vinyl fence shallbe designed ofa high-grade material
with a wood appearance and with6"wide vertical pickets. (DSD)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OFANY
CERTIFICATE(S)OF OCCUPANCY:
3.1 Installation ofLandscaping.Priorto issuanceofa certificate ofoccupancyforthe first
home, the applicant/subdivider shall submita letter to the DevelopmentServices
Director,signed bya RegisteredLandscape Architect,stating thatall materialsforall
landscaped areas have been installed In accordance with the approvedlandscape
plans for each development phase,and shall demonstrate to thesatisfaction of toe
DevelopmentServices Directorthatalllandscaped areas have beenlandscaped per
theapproved landscape plans.Theapplicantshallprovideas-builtlandscape plans
that identify all deltas (changes)prior to staff inspection and acceptance of
landscape plans. (DSD)
3.2 Architectural Compliance.Prior totoe issuance ofa certificate ofoccupancy("C of
0") for the model homes, the applicant/ subdivider shall submit a letter to the
Development Services Director,signed bytoe projectArchitect,statingthatalldetails
and materialsforallmodels have been constructed inaccordancewith theapproved
plans. Priorto issuance of "Cof 0,"staff will conducted final inspections to verify
compliance with development plans.
Responsible Departments/Agencies:DSD:
DSD-B&S:
PW-ENG:
UTIL:
OCFA:
Development Services Department
DSD Building &Safety Division
Public Works-Engineering Division
Utilities Department
Orange County Fire Authority
Applicant AcceptanceofConditions ofApproval:
<^Louis Marano,Three G Development,LLC
Date:J$/7A*>s^