PC Resolution-16-07-12-01
PC RESOLUTION NO. 16-07-12-01
ARCHITECTURAL CONTROL (AC) 16-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL 16-007,
THE COVE AT PACIFICA SAN JUAN DEVELOPMENT PLANS FOR A 70 UNIT
CONDOMINUM PROJECT WITHIN LOT 1 OF TRACT 16747 LOCATED AT AVENIDA CALIFORNIA, NORTH OF CRYSTAL DOWNS TRACT 16752 (ASSESSOR’S PARCEL NUMBERS 675-443-02)(APPLICANT: RAFIK ALBERT, EPD
SOLUTIONS, INC.)
Whereas, Rafik Albert of EPD Solutions, Inc., on behalf of Pacific Point Development Partners, LLC, 100 Spectrum Center Drive, Suite 1450, Irvine, CA 92618 (the “Applicant”), has requested approval AC 16-007, an approval of development plans
for a new 70 unit condominium project located on Lot 1 of Tract 16747, located at
Avenida California north of Crystal Downs Tract 16752 within the Pacifica San Juan
Development, which is General Plan-designated Planned Community (PC) within Comprehensive Development Plan (CDP) 81-01 (Forster Canyon) on the Official Zoning Map (the “Project”); and,
Whereas, Pacific Point Development Partners, LLC, 100 Spectrum Center
Drive, Suite 1450, Irvine, CA 92618, are the owners of real property with APNs of 675-44-01 through 675-444-22; 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 determined that a previously certified environmental impact report (EIR No. 88-02) was prepared and approved for
the Pacifica San Juan project on August 20, 1991, and a Final Supplemental EIR was
prepared and certified by the City Council (Resolution 02-07-02-05) on September 2,
2003 (SCH #2001061018), and that the project is consistent with adopted EIR No. 88-02 and the Supplemental EIR; therefore, the EIR/SEIR serves as the environmental documentation for the Architectural Control for the Cove at Pacifica San Juan under
provisions of California Environmental Quality Act Section 21157.1; and
Whereas, the Design Review Committee (DRC) reviewed the plans on June 9, 2016, and recommended that the item move forward to the Planning Commission; and
Whereas, Planning Commission conducted a duly-noticed public hearing on July
12, 2016 pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council 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 a previously certified
PC Resolution 16-07-12-01 2 July 12. 2016
environmental impact report (EIR No . 88-02) was prepared and approved for the
Pacifica San Juan project on August 20, 1991, and a Final Supplemental EIR was
prepared and certified by the City Council (Resolution 02-07 -02-05) on September 2,
2003 (SCH #2001061018), and that the project, AC 16-007, is consistent with adopted
EIR No. 88-02 and the Supplemental EIR.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings as established by Section 9-2.313 of Title 9, Land Use Code of the City of San
Juan Capistrano:
1) The proposed use and design of the project comply with all applicable provisions of
Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan
or comprehensive development plan as the proposed design of the condominium
project meets the Country Residential District development standards found in
Section II. Community Design Elements of the Pacifica San Juan Design Guidelines,
as adopted by the City. The applicant is allowed to choose a minimum of one
architectural type and is proposing to the use 2 of the 5 allowed architectural types
as stipulated by the guidelines. Furthermore, the applicant has incorporated the 4
required essential elements for both architectural types into the design of the
condominium units, as required by the design guidelines.
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
each of the proposed 70 condominium units within the project are of a high degree
of quality as demonstrated by the use of the required essential elements within the
Pacifica San Juan Design Guidelines. Careful consideration of a human and
walkable scale project layout and design has been taken into consideration with the
internal programing of the development. Therefore, the project is consistent with
the following policies:
• Policy 1. 2 Encourage high-quality and human scale design in development to
maintain the character of the City.
• Policy 2. 1 Encourage development which complements the City's traditional,
historic character through site design, architecture, and landscaping. The
Pacifica San Juan Design Guidelines list 6 Community Design Objectives which
speak to this policy and which provide the framework for the guidelines. The
objectives include:
1. Reinforcing the City's "village like" atmosphere, as reflected in the
City's existing historic architectural styles, semi-rural landscaped
setting and small-town charm.
2. Promoting an open character for Pacifica San Juan through
preservation of open space and effective use of landscaping.
3. Create a plan that establishes a strong sense of community rather than
standard subdivision by:
o Establishing shared community spaces.
PC Resolution 16-07-12-01 3 July 12. 2016
o Development a trail system that connects neighborhoods to each
other and to the City's existing trail system.
o Provide features to identity the community that reinforces local
tradition, such as entry features and landscaped elements.
o Providing high-quality architectural design and house construction
to foster a sense of "pride of ownership among residents.
4. Provide project continuity and compatibility with surrounding uses
through site planning, building design, street design, landscaping and
other design elements that will endure for the life of the community.
5. Establish an architectural theme and character consistent with the
City's existing neighborhoods while allowing some flexibility in the mix
of home styles.
6. Provide for a range of housing products, both single family detached
and attached, that are responsive to local needs and market demands.
• Thus by following the design guidelines, the proposal meets this policy.
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 because
the project meets the "Country" Architectural Development Standards as listed within
the Pacifica San Juan Design Guidelines. The proposed condominium project also
meets the minimum development standards as listed for the Country Residential
Neighborhood within Section 11-C-5 of the Design Guidelines, as well as the parking
requirements listed within Table 3-33 of Section 9-3.535 of the Municipal Code. The
applicant is not requesting any exceptions to the Code or Development Standards.
4) As conditioned, the character, scale and quality of the architecture, site design and
landscaping are consistent with the adopted Architectural Design Guidelines of the
City because the proposed condominium project meets the PSJ Architectural Design
Guideline and Development Standards. Furthermore, an overall landscape plan for
the entire Pacifica San Juan project has been previously reviewed and approved
under a separate application, and the proposed landscape plan is consistent with the
overall development landscape plan. The DRC has required that the applicant come
back before them with a revised landscape for The Cove development with
additional planting details, sizes, etc.
5) The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the project has direct access to Avenida California and the
trail system that is parallel to the roadway, and because the project has been
designed to provide for a multi-use driveway system for vehicles, pedestrians and
bicyclists to use jointly. Furthermore, the applicant has provided walking paths
through the open space within the project as well as enhanced paving at the
entrance to the project connecting to the open space areas and at pathway
crossings and other locations throughout the interior of the project to emphasize the
joint pedestrian nature of the driveway system.
PC Resolution 16-07-1 2-01 4 July 12, 2016
6) The proposed use and design of the project are compatible with surrounding existing
and proposed land uses and community character, including scale, intensity,
massing, architectural design, landscape design, and other development
characteristics because the project is located within the Pacifica San Juan COP and
is subject to the same design standards for architectural style . The project is a 70
unit condominium project that includes side-by-side attached duplexes and tri-plex
townhomes within the recorded tract, as illustrated in the submittal by the applicant
(Enclosure 1 ). Landscaping of open space areas within the project has previously
been approved and complies with, or was deemed to be in substantial conformance
to the landscape requirements of the design guidelines. Interior project landscaping
and lighting will be re-reviewed by the DRC as a condition of approval for this
project.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby grants approval project, AC 16-
007, subject to those conditions of approval established by Exhibit A, attached hereto
and incorporated herein.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings
are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San
Juan Capistrano, California 92675. The Development Services Director is the custodian
of the record of proceedings.
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.
Ma~# Se~CP, Assistant Development Services
Director/Secretary
EXHIBIT "A"
P.C. RESOLUTION #16-7-12-01
CONDITIONS OF APPROVAL
PROJECT LOG #: AC 16-007
PROJECT NAME: The Cove at Pacifica San Juan
APPROVAL DATE:
Architectural Control (AC) 16-007 is approved subject to compliance, to the reasonable
satisfaction of the Development Services Department, with all applicable sections of the
San Juan Capistrano Municipal Code, the California Administrative Code, the California
Building Standards Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by Architectural Control approval. These conditions of
approval apply to the above-referenced project application described in more detail
below. 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:
1. The Cove at Pacifica San Juan is a proposal to develop Lot 1 of Tract 16747
within the Forster Canyon Planned Community Comprehensive Development
Plan (COP 81-01) into a 70 unit condominium project. The residential
development features 70 townhome style residential dwelling units that range
in size from between 1,811 square feet to 2,080 square feet, with each unit
provided a two-car garage, private backyards with trellis covered patios. Tract
Map 16747 was approved by the City Council on October 3, 2006. The
Architectural Control application includes the architecture plans for each
building, a landscape plan, and a lighting plan. The project includes a private
driveway that intersects with Avenida California. This project approval is
based on and subject to the application materials prepared by Bassenian-
Lagoni Architects dated June 24, 2016, including building elevation(s), floor
plan(s), and site planning (placement of the units within the project, setbacks,
landscape plans and lighting plans etc). These plans and the proposed use of
the project site are hereby incorporated by reference into this approval as
submitted and conditioned herein, and shall not be further altered unless
reviewed and approved by the affected city departments.
2. 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
Resolution #16-07-12-01
AC 16-007, The Cove at Pacifica San Juan
Conditions of Approval
Page 2 of 3
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 Development Services Director. 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, at the applicant's sole cost. 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.
3. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure that
all construction activities, which includes the delivery and/or recovery of
materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows :
Monday through Friday
Saturday
7:00a.m. to 6:00p.m.
8:30a.m. to 4:30p.m.
4. Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official.
5. The applicant shall comply with all requirements from the Building & Safety
Division and all other City departments
6. The applicant shall schedule a final inspection with the Development Services
Department to inspect the final construction of the elevation on the subject lot.
The following conditions shall be met prior to the issuance of a grading permit.
7. Prior to the commencement of any grading or construction activity not
provided for in previously-approved permits, the project shall secure the
required grading and/or building permits from the City. All improvement work
subject to securing required grading and/or building permits, whether
performed on-site or off-site, shall secure said permit(s) to ensure the integrity
and safety of all existing and proposed public improvements affected by
construction activities. (PW.)
8. Submit a revised utility plan to the Utilities Department with an updated list of
project improvements that have been installed thus far for the City to review
and verify that previously installed utilities have been retained in good
condition.
Resolution #16-07-12-01
AC 16-007. The Cove at Pacifica San Juan
Conditions of Approval
Page 3 of3
The following conditions shall be met prior to the issuance of or in conjunction
with the issuance of any building permit(s):
9. A precise grading plan for each lot shall be required.
10. The final landscape plan and lighting plan be brought back to the Design
Review Committee for review and approval prior to the issuance of a building
permit. (DSD)
The following conditions shall be met continuously during construction and prior
to issuance of any certificate of occupancy:
11. Consistency with Approved Plans and Elevations . The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to architectural plans, grading plans, and
lighting plans .
Responsible Departments/Agencies:
DSD: Development Services Department
PW-UTIL: Public Works-Utilities Division
OCFA: Orange County Fire Authority
SCCIC: South Central Coastal Information Center