PC Resolution-18-10-09-01PC RESOLUTION NO. 18-10-09-01
ARCHITECTURAL CONTROL (AC) 17-030
GRADING PLAN MODIFICATION (GPM) 18-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 17-
030, AND GRADING PLAN MODIFICATION (GPM) 18-007 (HARBOR VIEW)
MODIFICATIONS TO PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR 59
NEW SINGLE-FAMILY DETACHED CONDOMINIUM PROJECT WITHIN TRACT
15687 THE NORTHWEST CORNER OF VIA LA JOLLA AND AVENIDA CALIFORNIA
(ASSESSOR'S PARCEL NUMBERS 675-081-20) (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) 17-030, 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 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 Minor Grading Plan Modification application was filed concurrently
with the Architectural Control application, so the Planning Commission reviewed both
applications; 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 EIR was certified by the City
Council (Resolution 91-8-20-03) on August 20, 1991. The proposed project is consistent
with adopted EIR No. 88-02; therefore, the EIR 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 September
13, 2018 and recommended that the item move forward to the Planning Commission; and
Whereas, Planning Commission conducted a duly-noticed public meeting on
October 9, 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 18-10-09-01 2 October 9 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 it was certified by the City Council
(Resolution 91-8-20-03) on August 20, 1991 ). EIR No. 88-02 was not challenged within
the statutory period prescribed by the Public Resources Code and thus, EIR No. 88-02
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 17-030 and GPM 18-007), is consistent with adopted
EIR No. 88-02.
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
as established by Section 9-2.313 (Architectural Control) of Title 9, Land Use Code of the
City of San Juan Capistrano:
PC Resolution 18-10-09-01 3 October 9 2018
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 three of the allowed elevation types and
three 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 such as Terra Cotta-color barrel tile roofs and thick walls with deep
recessed doors and windows for the Spanish style, a mixture of materials including
stone, shingles and wood siding for the Modern Prairie (Craftsman) and simple
gable roof forms for the Modern Farmhouse.
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 59 new homes within the project
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 Terra Cotta-color barrel tile roofs and thick walls with deep recessed doors
and windows for the Spanish style, a mixture of materials including stone, shingles
and wood siding for the Modern Prairie (Craftsman) and simple gable roof forms
for the Modern Farmhouse.
3. The proposed modifications do not alter the approved Tract Map or the site. The
modifications alter the architectural design, the size of the homes and the boundary
of the separate interest of each unit. The development 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 Guidelines 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 of the entire Tract.
Therefore, the site plan for the Tract 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.
PC Resolution 18-10-09-01 4 October 9. 2018
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 9-2.323 (Grading plan review and modification) of Title 9, Land
Use Code of the City of San Juan Capistrano:
1. The proposed grading modifications are consistent with the General Plan, Land
Use Code, Design Guidelines, and Forster Canyon Planned Community
Comprehensive Development Plan (CDP 81-01 ), because the project does not
change the use, intensity, or density of the project and meets all of the previous
established development standards for the district. Additionally, the proposed
modifications reduce the average pad elevation by 0.35 feet. The modifications
maintain the same height of the previously approved grade elevation of the streets.
Because the modifications are very minor and involve slight reduction in pad
elevation, the modifications will not result in view impacts or impacts to ridgelines.
2. The proposed grading modifications are generally consistent with the approved
site plan, preliminary grading plan, landscape plan, grading standards, and design
concepts of the original project as approved by the reviewing authority because
the overall grading remains unchanged. The location of streets, retaining walls,
landscaping remains essentially the same as before with some minor changes in
the pad elevations that on average reduce the pad elevation by 0.35 feet from the
previously approved grading plans.
3. The proposed grading will remain consistent and compatible with immediately-
adjacent lots or units, including but not limited to blending of slopes with adjacent
property boundaries, rounding of slopes at both top and bottom to blend the
grading into the existing terrain, and a design which harmonizes the design with
the natural contours of the property and surrounding lots because the modified
grading plans maintain the same grading design that was previously approved and
found acceptable.
4. The proposed modified grading plan shows the location of the proposed building
footprints and the buildings meet all required minimum setbacks for building as
defined in CDP 81-01 and the distances of the proposed buildings from the tops
and toes of slopes remains as previously approved.
5. The proposed modified grading will not cause adverse impacts to other properties,
including but not limited to potential impacts on hydrology, water quality, views, trail
easements, or other aspects of development because the changes are subject to
Plan Check review by the City's Engineering department to ensure that grading
will not result in any negative impacts to hydrology, water quality as required by
local and state laws. The grading modifications do not impact views or trail
easements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves project, Architectural
PC Resolution 18-10-09-01 5 October 9 2018
Control (AC) 17-030, 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.
PASSED, APPROVED AND ADOPTED this gth day of October, 2018.