PC Resolution-18-09-11-01PC RESOLUTION NO. 18-09-11-01
ARCHITECTURAL CONTROL (AC) 18-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 18-
010, MINOR EXCEPTIONS, AND ZONE VARIANCE (ZV) 18-002, MODIFICATIONS TO
PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR 23 NEW SINGLE-FAMILY
DETACHED HOMES WITHIN TRACT 15609, THE PENINSULA AT PACIFICA SAN
JUAN LOCATED AT PASEO CAMPANILLAAND VISTA MARINA WEST OF AVENIDA
CALIFORNIA (ASSESSOR'S PARCEL NUMBERS 675-444-01 THROUGH 675-444-
22) (APPLICANT: NICK NORVILAS, TOLL BROTHERS)
Whereas, Nick Norvilas with Toll Brothers, on behalf Toll Brothers, 725 W. Town
& Country Rd. #200, Orange, CA 92868 (the "Applicant"), has requested approval of
Architectural Control (AC) 18-010, Minor Exceptions and Zone Variance (ZV) 18-002,
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, Toll Brothers, 725 W. Town & Country Rd. #200, Orange, CA 92868 are
the owners of relate property with multiple Accessor Parcel Numbers (APNS) as listed
above; 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). The proposed project is consistent with adopted EIR No. 88-
02 and the Supplemental EIR; therefore, the EIR/SEIR serves as the environmental
documentation for the project 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 August 9,
2018 and recommended that the item move forward to the Planning Commission; and
Whereas, Planning Commission conducted a duly-noticed public meeting on
September 11, 2018 ·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; and
PC Resolution 18-09-11-01 2 September 11 . 2018
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby find 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).
Neither EIR No. 88-02 nor the Supplement EIR were challenged within the statutory
period prescribed by the Public Resources Code and thus, the EIR No. 88-02 and the
Supplement EIR are presumed valid in accordance with Public Resources Code, section
21167.2. The Planning Commission finds that those documents, taken together, contain
a complete and accurate reporting of all of the environmental impacts associated with the
proposed project, and that the project (AC 18-010, Minor Exceptions and ZV 18-002), is
consistent with adopted EIR No. 88-02 and the Supplemental EIR.
Moreover, based on the substantial evidence set forth in the administrative record, the
Planning Commission finds that none of the conditions under State CEQA Guidelines
section 15162 requiring subsequent environmental review have occurred because the
project:
a) does not constitute substantial changes that would require major revisions of the
environmental public record due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects; and
b) does not constitute substantial changes with respect to the circumstances under
which the project was developed that would require major revisions of the
environmental public record due to the involvement of new significant
environmental effects or a substantial increase in the severity of the previously
identified significant effects; and
c) does not present new information of substantial importance that was not known
and could not have been known with the exercise of reasonable diligence at the
time the environmental public record documents were certified or adopted, as
applicable, showing any of the following: (i) that the project would have one or
more significant effects not discussed in the earlier environmental documentation;
(ii) that significant effects previously examined would be substantially more severe
than shown in the earlier environmental documentation; (iii) that mitigation
measures or alternatives previously found not to be feasible would in fact be
feasible and would substantially reduce one or more significant effects, but the
applicant declined to adopt such measures; or (iv) that mitigation measures or
alternatives considerably different from those previously analyzed would
substantially reduce one or more significant effects on the environment, but which
the applicant declined to adopt.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
for the Variances and Minor Exceptions as established by Section 9-2.351 of Title 9, Land
Use Code of the City of San Juan Capistrano:
PC Resolution 18-09-11-01 3 September 11. 2018
Variance for Lot 1 -proposed front setback 23 feet to 34.9 feet
1) There are special circumstances applicable to the property, including size, shape,
topography, location, or surroundings, such that the strict application of this Code
would deprive such property of privileges enjoyed by other properties in the
vicinity and under identical zoning classification. Tract 15609 is located on a
topographically-constrained site where terrain and lot layout result in significant
variation in building pad and lot sizes, but particularly lot shapes creating unique
lots which require individual consideration and accommodation for minor
adjustments in development standards. Although Lot 1 is the largest lot in the
Tract, its unusual shape combined with the wider landscape slope along the
eastern portion of the lot and the location of the front lot line relative to the
orientation of a future house on the pad, limits the building pad area of the subject
lot. These constraints limit the option of placing the house on the lot in such a
way without encroaching into any of the required setbacks . In order to conform
with the required setbacks, the size of the house would need to be significantly
reduced in comparison to other homes in the Tract thereby depriving the property
from privileges (usable private yards and acceptable house size) enjoyed by other
properties.
2) Granting of the variance will not constitute a ,grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone
district in which such property is situated. The Variance allows for a limited
encroachment into the front yard setback allowing the lot to be developed to the
same intensity as nearby lots in Tract, thereby ensuring no special privileges are
granted to any owners. Failure to grant the Variance would result in the house to
be notably smaller than others.
3) Granting of the variance will not result in development which is otherwise
inconsistent with the provisions of the Land Use Code or the General Plan. Tract
15609 is being developed in compliance with the standards of the Forster Canyon
Planned Community Comprehensive Development Plan and the Pacifica San
Juan Design Guidelines. The Variance is only required to allow a minor
encroachment of 12 feet at only a single point of the house as the encroachment
is at one corner of the house. The front setback ranges from 23' at the corner to
about 70' at the other front corner of the house. The average front setback is
affectively approximately 46.5 feet.
4) Granting the variance will not be materially detrimental to the public health, safety,
or welfare, or injurious to the properties or improvements in the vicinity and land
use district in which the property is located. There is no potential for the limited
encroachment into the front setback to produce any materially detrimental impact
to public health, safety, or welfare; nor would it be injurious to properties or
improvements in the vicinity, which are being master-developed in conjunction
with the affected parcels, and are presently vacant.
PC Resolution 18-09-11-01 4 September 11. 2018
Variance for Lot 23 -proposed front setback 11.6 feet to 22 feet
1) There are special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, such that the strict application of
this Code would deprive such property of privileges enjoyed by other properties
in the vicinity and under identical zoning classification. Tract 15609 is located on
a topographically-constrained site where terrain and lot layout result in significant
variation in building pad and lot sizes, but particularly lot shapes creating unique
lots which require individual consideration and accommodation for minor
adjustments in development standards. Unlike most other lots in the Tract, Lot
23 is triangular in shape and has front lot line frontage of approximately 170 feet.
The Triangular shape of the lot forces the placement of the house to front the
side lot line instead of the front property line in order to minimize the degree of
encroachment into the front setback. The triangular shape of the lot and the 170
foot frontage limits the building pad area of the subject lot. These constraints
limit the option of placing the house on the lot in such a way without encroaching
into any of the required setbacks. In order to conform with the required setbacks,
the size of the house would need to be significantly reduced in comparison to
other homes in the Tract thereby depriving the property from privileges (usable
private yards, acceptable house size) enjoyed by other properties.
2) Granting of the variance will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone
district in which such property is situated. The Variance allows for a limited
encroachment into the front yard setback allowing the lot to be developed to the
same intensity as nearby lots in the Tract, thereby ensuring no special privileges
are granted to any owners. Failure to grant the Variance would result in the
house to be smaller than others.
3) Granting of the variance will not result in development which is otherwise
inconsistent with the provisions of the Land Use Code or the General Plan. Tract
15609 is being developed in compliance with the standards of the Forster
Canyon Planned Community Comprehensive Development Plan and the
Pacifica San Juan Design Guidelines. Furthermore, Lot 23 functions more like
a corner lot which allows a side yard setback of 15 feet. The proposed front
yard setback ranges from about 11.6 feet to 23 feet, averaging approximately
17 feet.
4) Granting the variance will not be materially detrimental to the public health,
safety, or welfare, or injurious to the properties or improvements in the vicinity
and land use district in which the property is located. There is no potential for
the limited encroachment into the front setback to produce any materially
detrimental impact to public health, safety, or welfare; nor would it be injurious
to properties or improvements in the vicinity, which are being master-developed
in conjunction with the affected parcels, and are presently vacant. As stated in
PC Resolution 18-09-11-01 5 September 11. 2018
Finding #3 above, Lot 23 functions more like a corner lot which allows a side
yard setback of 15 feet. The proposed setback ranges from about 11.6 feet to
23 feet, averaging approximately 17 feet.
Variance for Lot 16 -proposed rear setback 23.6' to 29.9'
1) There are special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, such that the strict application of
this Code would deprive such property of privileges enjoyed by other properties
in the vicinity and under identical zoning classification. Tract 15609 is located
on a topographically-constrained site where terrain and lot layout result in
significant variation in building pad and lot sizes, but particularly lot shapes
creating unique lots which require individual consideration and accommodation
for minor adjustments in development standards. The rear lot line of Lot 16 is
not parallel with the rear wall of the house. This causes the rear corner of the
house to encroach 6.4 feet into the rear setback. The encroachment averages
about 3.6 feet due to the angle of the rear property line . The house maintains
an average rear setback of 30.45 feet. Furthermore, the Development
Agreement requires this lot to be a single-story home which limits the flexibility
enjoyed by other lots. These constraints limit the option of placing the house on
the lot in such a way without encroaching into any of the required setbacks. In
order to conform with the required setbacks, the size of the house would need
to be reduced in comparison to other homes in the Tract thereby depriving the
property from privileges (usable private yards, acceptable house size) enjoyed
by other properties.
2) Granting of the variance will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone
district in which such property is situated. The Variance allows for a limited
encroachment into the front yard setback allowing the lot to be developed to the
same intensity as nearby lots in the Tract, thereby ensuring no special privileges
are granted to any owners. Failure to grant the Variance would result in the
house to be notably smaller than others.
3) Granting of the variance will not result in development which is otherwise
inconsistent with the provisions of the Land Use Code or the General Plan. Tract
15609 is being developed in compliance with the standards of the Forster
Canyon Planned Community Comprehensive Development Plan and the
Pacifica San Juan Design Guidelines. The Variance is only required to allow a
minor encroachment that averages 3.6 feet into the required 30 feet rear
setback. Furthermore, the house would still maintain an average setback of
30.45 feet as the other rear corner of the house maintains a rear setback of 37.3
feet.
4) Granting the variance will not be materially detrimental to the public health,
safety, or welfare, or injurious to the properties or improvements in the vicinity
PC Resolution 18-09-11-01 6 September 11, 2018
and land use district in which the property is located. There is no potential for
the limited encroachment into the rear setback to produce any materially
detrimental impact to public health, safety, or welfare; nor would it be injurious
to properties or improvements in the vicinity, which are being master-developed
in conjunction with the affected parcels, and are presently vacant. As stated in
Finding #3 above, the rear setback will average 30.45 feet.
Minor Exception for Lot 14 -proposed front yard 32.1' to 34.9'
1) There are special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, such that the strict application of
this Code would deprive such property of privileges enjoyed by other properties
in the vicinity and under identical zoning classification. Tract 15609 is located
on a topographically-constrained site where terrain and lot layout result in
significant variation in building pad and lot sizes, but particularly lot shapes
creating unique lots which require individual consideration and accommodation
for minor adjustments in development standards. Lot 1 is triangular shaped with
a front lot line measuring approximately 135 feet in length. The triangular
shape combined with the long street frontage limit the building pad area of the
lot. These same constraints limit the option of placing the house on the lot in
such a way without encroaching into any of the required setbacks. In order to
conform with the required front yard setback, the size of the house would need
to be reduced in comparison to other homes in the Tract thereby depriving the
property from privileges (usable private yards and acceptable house size)
enjoyed by other properties.
2) Granting of the variance will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone
district in which such property is situated. The Minor Exception allows for a
limited encroachment into the front yard setback allowing the lot to be
developed to the same intensity as nearby lots in Tract, thereby ensuring no
special privileges are granted to any owners. Failure to grant the Variance
would result in the house to be notably smaller than others.
3) Granting of the variance will not result in development which is otherwise
inconsistent with the provisions of the Land Use Code or the General Plan.
Tract 15609 is being developed in compliance with the standards of the Forster
Canyon Planned Community Comprehensive Development Plan and the
Pacifica San Juan Design Guidelines, as determined by required approvals
from the Design Review Committee and the Planning Commission. The Minor
Exception is only required to allow a minor encroachment of 2.9 feet at only a
single point of the house as the encroachment is at one corner of the house.
As the front setback is measured at an angle on the lot, the front setback ranges
from 32.1 feet at the corner to about 72 feet at the other front corer of the house.
The average front setback is affectively, approximately 52 feet.
PC Resolution 18-09-11-01 7 September 11 , 2018
4) Granting the variance will not be materially detrimental to the public health,
safety, or welfare, or injurious to the properties or improvements in the vicinity
and land use district in which the property is located. There is no potential for
the limited encroachment into the front setback to produce any materially
detrimental impact to public health, safety, or welfare; nor would it be injurious
to properties or improvements in the vicinity, which are being master-developed
in conjunction with the affected parcels, and are presently vacant.
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 modifications to the previously approved project comply with all
applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and
the applicable comprehensive development plan because, the proposed
homes meet the requirements of the Pacifica San Juan Design Guidelines as
adopted by the City. The applicant is proposing to use two of the allowed
elevation types and four distinct plan types as stipulated by the guidelines.
Furthermore, the applicant has incorporated the required number of essential
elements for each architectural type into the design of the homes, as required
by the design guidelines. The applicant is requesting Variances and Minor
Exception to encroach into the required setbacks for Lots 1, 14, 16 and 23. If
the Planning Commission approves the Variances and Minor Exception
request, then the project will also meet the land use regulations relating to
setbacks for the aforementioned lots.
2) The proposed modifications to the previously approved project are consistent
with the goals, policies and objectives of the General Plan, including the
Community Design Element because each of the proposed 23 new homes
within the project are will continue to maintain a high degree of quality as
demonstrated by the use of the required essential elements within the Pacifica
San Juan Design Guidelines such as covered porches and loggias and thick
walls with deep recessed doors and windows for the Spanish Colonial design
and simple gable roof forms and wood siding for the Farmhouse design.
3) The proposed modifications do not alter the approved Tract Map or the site.
The modifications alter the architectural design and the size of the homes. With
the granting of the Variances and Minor Exceptions for encroachments into the
required setbacks, the site for each lot would continue to accommodate all
yards, open spaces, setbacks, parking and access.
4) The character, scale and quality of the modified architecture are consistent with
the adopted Architectural Design Guidelines of the City because proposed
homes meet the PSJ Design Guideline Standards as demonstrated by the
Design Review Committee's action recommending to the Planning
Commission approval of the project.
PC Resolution 18-09-11-01 8 September 11 . 201 8
5) The proposed modifications do not alter the approved site plan. Therefore,
the site plan will continue to provide functional and safe vehicular, bicycle and
pedestrian access and circulation.
6) The proposed modifications are compatible with surrounding existing and
proposed land uses and community character, including scale, intensity,
massing, architectural design, and other development characteristics because
the project is located within the Pacifica San Juan CDP and is subject to the
same design standards for architectural style. The Design Review Committee
has reviewed the proposed modification and has found the design to be in
conformance with the design guidelines.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves project, Architectural
Control (AC) 18-010, Minor Exceptions and Zone Variance (ZV) 18-002, 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.
PC Resolution 18-09-11-01 9 September 11 . 2018
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 11th day of September, 2018.
Sergio Klotz, AICP, Assistant Development Services
Director/Secretary
EXHIBIT "A"
P .C. RESOLUTION #18-09-11-01
CONDITIONS OF APPROVAL
PROJECT LOG#: AC 18-010, Minor Exceptions and ZV 18-002
PROJECT NAME: The Tradewinds at Pacifica San Juan
APPROVAL DATE: September 11, 2018
Architectural Control (AC) 18-010, Minor Exceptions and Zone Variance (ZV) 18-002 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 this 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 subject project proposes the development of 23 single-family detached
residential homes within Tract Map {TM) 15609. The residential subdivision
features 23 lots with an average lot size of 12,690 square feet. Tract Map 15609
was approved by the City Council on September 16, 2003 by Resolution 03-09-
16-06. This project approval is based on and subject to the application materials
prepared by Bassenian/Logoni Architects dated July 17, 2018, including
building elevation(s), floor plan(s), and site planning (placement of the homes
on each lot, setbacks, 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. Minor modifications to this project
approval may be approved by the Development Services Director pursuant to
Section 9-2.303, Administrative approvals of Title 9, Land Use Code, unless
otherwise permitted by condition #8.
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 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
Resolution #18-09-11-01 Conditions of Approval
AC 18-010. Minor Exception and ZV 18-002, The Tra dewinds at Pacifica San Juan Page 2 of 3
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. 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
7:00 a.m. to 6:00 p.m .
8:30 a.m. to 4:30 p.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.
7. Lot 16 shall be developed with Lucenta Spanish Colonial Plan 1, (one story)
elevation type.
8. The approved plan and elevation types assigned to each lot may be switched
to different lots administratively in accordance with the following criteria: To
ensure that architectural variety occurs, no more than two of the same floor
plan/elevations shall be plotted next to each other or directly across the street
from one another; however, identical floor plans may be plotted on adjacent lots
or across the street from each other, provided a different elevation/color style is
selected for each of the floor plans. However, if a single-story home is to be
switched with a 2 -story plan, the net result shall not decrease the number of
single story plans located within the tract.
The following conditions shall be met prior to the issuance of a grading permit.
9. 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
Resolution # 18-09-11-01 Conditions of Approval
AC 18-010. Minor Exception and ZV 18-002. The Tradewinds at Pacifica San Juan Page 3 of 3
proposed public improvements affected by construction activities. (PW.)
1 o. 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.
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