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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.