PC Resolution-15-04-14-01PC RESOLUTION NO. 15-4-14-1
ARCHITECTURAL CONTROL 15-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, UPHOLDING THE DEVELOPMENT SERVICE
DIRECTOR'S APPROVAL OF ARCHITECTURAL CONTROL 15-002 AND DENYING
THE APPEAL BY DENISE GIBBS FOR THE DARUKHANAVALA RESIDENCE
LOCATED AT 33821 PASEO DIVINIDAD (ASSESSOR PARCEL NUMBER 675-085-
41 )(APPLICANT: JON CHRISTNER, ARCHITECT)
WHEREAS, Jon E. Christner, 2416 Camino Oleada, San Clemente, CA
92673 has requested approval of AC 15-002, Darukhanavala Residence located at 33821
Paseo Divinidad, generally located east of Via La Jolla and north of Avenida California.
The property is referred to as Assessor Parcel Number 675-085-41, is General Plan-
designated Planned Community (PC) and is situated in the "PC" (Planned Community)
Zone District and is regulated by Comprehensive Development Plan (COP) 81-1 0; and,
WHEREAS, Phiroz and Nilufer Darukhanavala are the owners of real
property located at 33821 Paseo Divinidad; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
WHEREAS, on April14, 2015, the Planning Commission conducted a duly-
noticed public hearing pursuant to Title 9, Land Use Code, Section 9-2.302, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments; and,
WHEREAS, on February 27, 2015, the City received an appeal from Ms.
Denise Gibbs as Managing Agent for Pacifica San Juan Community Association; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby uphold the Development Services Director's
approval and deny the appeal, based on information in the staff report and attachments,
which are incorporated herein by reference, and subject to the following findings as
established by Section 9-2.303(a)(4) of Title 9, Land Use Code of the City of San Juan
Capistrano:
1. The proposed project does not change the use, intensity, or density of the project
because the modifications are consistent with the overall architectural style of the
Monterey 28 elevation; which is part of the Coastline development; and,
2. The proposed project does not result in new or additional environmental impacts
pursuant to CEQA because it is exempt from environmental review per section
15303, New Construction, Class 3. No further environmental review is required; and,
3. The project does not deviate from applicable Code requirements; and,
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4. The project is consistent with the City's design guidelines and with the character of
the existing development with respect to architectural style and earth tone colors.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby uphold the Development
Services Director's approval, subject to the conditions of approval contained in the
Administrative Approval dated February 17, 2015; and,
PASSED, APPROVED AND ADOPTED this 141h day of April 2015.
Sheldon Cohen, Chairman
Sergio Klotz, Assistant Director
Secretary
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