PC Resolution-18-09-11-02PC RESOLUTION NO. 18-09-11-02
ARCHITECTURAL CONTROL (AC) 18-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 18-
011, (TRADEWINDS) MODIFICATIONS TO PREVIOUSLY APPROVED
DEVELOPMENT PLANS FOR 82 NEW SINGLE-FAMILY DETACHED HOMES WITHIN
TRACT 16752 LOCATED AT PASEO TRANQUILA SOUTH OF AVENIDA
CALIFORNIA (ASSESSOR'S PARCEL NUMBERS 675-461-01 THROUGH 675-461-44
AND 675-471-01 THROUGH 675-471-38) (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) 18-011, 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
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
PC Resolution 18-09-11-02 2 September 11 . 2018
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-
011 ), 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 mo.re 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
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
PC Resolution 18-09-11-02 3 Seotember 11, 2018
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 three of the allowed
elevation types and six 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.
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 82 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, detailing at openings
and shallow sloped tile roofs for the Spanish Design and shallow pitched roofs
with deep overhangs, and stone siding for the Craftsman 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. 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 Pacifica San Juan Design Guideline Standards as
demonstrated by the Design Review Committee's action recommending to the
Planning Commission approval of the project.
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 Comprehensive
Development Plan 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) 18-011, 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
PC Resolution 18-09-11-02 4 September 11. 2018
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.
PASSED, APPROVED AND ADOPTED this 11th day of September, 2018.
EXHIBIT "A"
P .C. RESOLUTION #18-09-11-02
CONDITIONS OF APPROVAL
PROJECT LOG#: AC 18-011
PROJECT NAME: Ocean Hills at Pacifica San Juan
APPROVAL DATE: September 11, 2018
Architectural Control (AC) 18-011 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 subject project proposes to development 82 single-family detached
residential homes within Tract Map (TM) 16752. The residential subdivision
features 82 lots with an average lot size of 10,500 square feet. The Architectural
Control application includes the home architecture plans, and site plan
(depicting the location of residences on individual lots). This project approval is
based on and subject to the application materials prepared by
Bassenian/Lagoni 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 #7.
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 #18-09-11-02
AC 18-011. Ocean Hills at Pacifica San Juan
Conditions of Approval
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. 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.
8. 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.)
Resolution # 18-09-11-02
AC 18-011 , Ocean Hills at Pacifica San Juan
Conditions of Approval
Page 3 of3
9. 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.
(PW-UT IL)
The following conditions shall be met continuously during construction and prior
to issuance of any certificate of occupancy:
1 O. 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. (DSD)
Responsible Departments/ Agencies:
DSD: Development Services Department
PW-UTIL: Public Works-Utilities Division
OCFA: Orange County Fire Authority
SCCIC: South Central Coastal Information Center