PC Resolution-18-09-11-03PC RESOLUTION NO. 18-09-11-03
ARCHITECTURAL CONTROL (AC) 18-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING OF ARCHITECTURAL CONTROL (AC) 18-
012 FOR THE MOUNTAIN PINES CHRISTMAS TREE FARM 2,160 SQUARE FOOT
STORAGE BARN LOCATED AT 29932 CAMINO CAPISTRANO (ASSESSOR PARCEL
NUMBER 650-023-09)
Whereas, Tom Tolmasoff, owner of Mountain Pines Christmas Tree Farm,
(the "Applicant"), has requested approval of Architectural Control (AC) 18-012 for
installation of a new 2, 160 square foot storage barn and replacing various site storage
structures totaling 2,380 square feet at an existing Christmas tree farm located at 29932
Camino Capistrano, which is General Plan designated General Open Space (GOS), and
classified as General Open Space (GOS) on the Official Zoning Map (the "Project"); and,
Whereas, The City of San Juan Capistrano, the owner of real property
located at 29932 Camino Capistrano (APN: 650-023-09), has authorized the submittal of
the AC request; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
The City's Environmental Administrator has determined that the project is
Categorically Exempt (Section 15301; Class 1 "Existing Facilities") from further review. The
project is consistent with Section 15301 because the modifications are a negligible
alteration of structures and no change of use for an existing Christmas Tree Farm property.
A Notice of Exemption (NOE) will be posted should the project receive final approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly-noticed public meeting
on September 11, 2018, pursuant to Title 9, Land Use Code, Section 9-2.302 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 is Categorically Exempt
(Section 15301; Class 1 "Existing Facilities") from further review under the California
Environmental Quality Act. The project is consistent with Section 15301 because the
modifications are minor exterior alterations that include re-painting and building mounted
signs.
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, Subsection (c) of Section 9-2.313, Architectural Control of Title 9, Land
Use Code of the City of San Juan Capistrano: · ·
PC Resolution 18-09-11-03 2 September 11 . 2018
1) The proposed use and design of the project complies with all applicable provisions of
Title 9 of the San Juan Capistrano Municipal Code. The project meets all applicable
development and zoning standards in Title 9 and will not result in creating non-
conformities or conflict with Code requirements.
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. The project
will be consistent with the following:
• Policy 1. 2 Encourage high-quality and human scale design in development to
maintain the characterofthe City. The project is consistent with this policy because
the proposed storage barn will feature high quality materials and architectural
detailing, and will be designed at a human scale;
• Policy 2. 1 Encourage development which complements the City's traditional, historic
character through site design, architecture, and landscaping. The project is
consistent with this policy because the project's agrarian architecture, natural
materials, and setting in the middle of the property will complement the traditional
and historic character of the City.
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, except as
otherwise approved. The aforementioned proposed storage barn will not result in
creating non-conformities or conflict with Code requirements with respect to setbacks,
parking, access, or other features as the use exists and all development standards are
being met by the proposed storage barn.
4) 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
project will be consistent with the following Architectural Design Guidelines' Policies:
• Policy 1. 1. Preserve significant amounts of land and important natural features for
open space.
The project complies with the above guideline because it will result in the removal or
demolition of the multiple storage structures on the property, reducing the overall
use of the open space and reinstating the natural appearance of the land;
• Policy 2. 1. Encourage development which complements the City's traditional,
historic character through site design, architecture, and landscaping;
The project complies with the above guideline because it is an agrarian design,
complementing the historic and traditional farming which previously occurred in the
area. Additionally, the design of the prefabricated barn complements the historic
character of the nearby Historic Swanner Ranch House in siding and roofing
materials, as well as general appearance;
5) The site plan provides functional and safe vehicular, bicycle and pedestrian access and
circulation because the project will not result in impacts to the vehicular access and
circulation of the existing subject site. The project adds no circulation conflict to the
PC Resolution 18-09-11-03 3 September 11, 2018
street or public right-of-way because there are no proposed changes to the existing
access.
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 will establish a new storage barn which will improve the sites building
placements by removing the scattered structures and establishing a central structure,
and architecture which is complementary to the historic architecture of the historic
ranch area, and is compatible with the surrounding uses and improvements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends approval of a Notice
of Exemption and 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 5:00 p.m., Wednesday,
September 26, 2018. This project approval shall be valid for a period of 2 years from the
date of approval of this resolution, and shall expire on September 11, 2020, unless a time
extension request has been submitted or a building permit has been issued for the project
prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATl.ONS 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.
LOCATION AND 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.
PASSED, APPROVED AND ADOPTED this 11th day of September, 2018
Tim e y, Chairman
Ser~
Assistant Development Services Director
Secretary
EXHIBIT A
RESOLUTION #: 18-09-11-03
CONDITIONS OF APPROVAL
Project#: AC18-012
Project Name: Mountain Pines Christmas Tree Farm Storage Barn
APPROVAL DATE: September 11, 2018
EFFECTIVE DATE: September 26, 2018
EXPIRATION DATE: September 11, 2020
These conditions of approval apply to Architectural Control (AC) 18-012, a request to
allow a new 2, 160 square foot storage barn at an existing Christmas tree farm located
at 29932 Camino Capistrano (APN 650-023-09). The project includes: demolishing
2,380 square feet of various storage structures on the property; replacement of a 2, 160
square foot prefabricated two story storage barn, generally located in the center of the
property. Any proposed changes to this approval shall be submitted to the City
Development Services Department, along with the required application and deposit or
fee, for review. For the purpose of these conditions, the term "applicant" shall also mean
the owner or any successor(s) in interest to the terms of this approval.
Planning
1. Architectural Control (AC) 18-012 is granted to allow for the modification
of an existing Christmas tree farm, addressed as 29932 Camino
Capistrano (Assessor Parcel Number 650-023-09). The project includes:
demolishing 2,380 square feet of various stomge stnir.t1Jres on the
property; replacement of a 2, 160 square foot prefabricated two story
storage barn, generally located in the center of the property. Approval is
granted based on the application materials submitted by Tom Tolmasoff
on August 9, 2018, and August 29, 2018. These plans, materials and the
proposed use of the site are approved as submitted and conditioned
herein, and shall not be further altered unless reviewed and approved by
the affected city departments. Minor modifications to this approval which
are determined by the Development Services Director to be in substantial
conformance with the approved plans, and which do not intensify or
change the use or require any deviations from adopted standards, may be
approved by the Development Services Director upon submittal of an
application and the required deposit or fee. If not appealed, this approval
shall become effective on the first business day following the fifteenth
(15th) day after the date of the Planning Commission's approval and shall
expire twenty-four (24) months after the approval unless the use or
occupancy which is the subject of this action has taken place and all
Planning Commission Resolution 18-09-11-03
AC 18-012
Mt. Pines Christmas Tree Farm Storage Barn
Final Conditions of Approval
September 11, 2018
Page 2 of 3
conditions of approval have been met, or a time extension has been
granted by the City. Any application for an extension of time shall be
submitted to the Development Services Department, along with the
required deposit or fee, at least ninety (90) days prior to the expiration
date of this approval, except as otherwise approved by the Development
Services Director.
2. The roof material is to be Landmark Designer Shingles in Hunter Green.
3. The two windows at the front of the building (southeast facing) shall be 3'-
0" wide by 3' -6" tall and installed on either side of the hayloft door on the
second floor elevation.
4. The window at the rear of the building (northwest facing) shall be 3'-0"
wide by 3' -6" tall and installed in the center of the wall between raised roof
section of the elevation.
5. A photometric plan shall be submitted to the City prior to building permit
final to confirm proposed illumination meets the City of San Juan
Capistrano Lighting Standards, Municipal Code Section 9-3.529. Existing
lighting which is currently on the property shall be modified, if necessary,
to meet all lighting standards, including shielding and intensity.
6. All storage structures and containers are to be removed from the site prior
to final building inspection of the approved 2, 160 square foot barn.
7. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
8. 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 Council, Planning Commission, or City
Planner. 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.
9. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
Planning Commission Resolution 18-09-11-03
AC 18-012
Mt. Pines Christmas Tree Farm Storage Barn
Final Conditions of Approval
September 11, 2018
Page 3of3
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
10. 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.
11 . The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
12. An encroachment permit is required for construction work, activities,
staging or equipment/vehicle storage in the public right-of-way.
Applications and approvals for engineering permits are processed by the
Engineering Division of the Public Works and Utilities Department.
13. Low Impact Development Best Management Practices shall be identified
on plans prior to Building Permit submittal.
14. A Fire Master Plan shall be submitted and approved by Orange County
Fire Authority prior to Building Permit issuance.