PC Resolution-18-12-11-01PC RESOLUTION NO. 18-12-11-01
ARCHITECTURAL CONTROL (AC) 18-031
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 18-
031, MINOR MODIFICATIONS TO PREVIOUSLY APPROVED DEVELOPMENT
PLANS FOR 23 NEW SINGLE-FAMILY DETACHED HOMES AND TO THE WALL AND
FENCE PLAN FOR TRACT 15609, TRADEWINDS AT PACIFICA SAN JUAN
LOCATED AT PASEO CAMPANILLA AND VISTA MARINA WEST OF AVENIDA
CALIFORNIA (ASSESSOR'S PARCEL NUMBERS 675-444-01 THROUGH 675-444-
22) (APPLICANT: JASON CERTILMAN, TOLL BROTHERS)
Whereas, Jason Certilman 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) 18-031, Minor Modifications to previously approved
development plans Architectural Control (AC) 18-010 and changes to the wall and fence
pan for Tract 15609, 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 November
8, 2018 and recommended that the item move forward to the Planning Commission; and
Whereas, Planning Commission conducted a duly-noticed public meeting on
December 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 18-12-11-01 2 December 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 18-031 ), 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
as established by Section 9-2.303 of Title 9, Land Use Code of the City of San Juan
Capistrano:
PC Resolution 18-12-11-01 3 December 11 2018
1. The proposed modifications to the previously approved project simply adds
another architectural style (Modern Craftsman) resulting in a total of three
architectural styles from the previously approved two styles -Spanish Colonial and
Modern Farmhouse. The new architectural style does not change the number, and
size of the house plans nor change the density as the project's density will continue
to be 23 homes. Furthermore, change in the fence and wall plans does not change
the use, intensity or density of the project. The modification involves replacing
primarily the tubular steel fence with a glass panel sound wall.
2. The introduction of a new elevation type that does not alter the size and height of
the approved plan types would not result in new environmental impacts. The
additional architectural style, Modern Craftsman, is compatible with the two
previously approved architectural styles, Spanish Colonial and Modern
Farmhouse, and is consistent with the City's design guidelines and the character
of existing development. The modified fences and walls are merely changes in
design type that is consistent with the type of fences and walls recognized for the
Pacifica San Juan development. The size and height of the fences will remain
consistent with the approved Guidelines and City's Codes. The change in fence
design would not result in new environmental impacts.
3. The modifications to the elevation type and walls and fences will remain consistent
with the Pacifica San Juan Comprehensive Development Plan which regulates the
subject area.
4. The character, scale and quality of the modified architecture and fence/wall plans
are consistent with the adopted Architectural Design Guidelines of the City
because proposed homes and fence/wall plans 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves project, Architectural
Control (AC) 18-031, Minor, 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 18-12-11-01 4 December 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 December, 2018.
Tim
Sergio Klotz, AICP, Assistant Development Services
Director/Secretary
EXHIBIT "A"
P .C. RESOLUTION #18-12-11-01
CONDITIONS OF APPROVAL
PROJECT LOG#: AC 18-031,
PROJECT NAME: The Tradewinds at Pacifica San Juan
APPROVAL DATE: December 11, 2018
Architectural Control (AC) 18-031, 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 adds a new elevation style -Modern Craftsman to the
previously approved project (AC) 18-010, Tradewinds that already was
approved with two elevation types -Spanish Colonial and Modern Farmhouse.
The modified site plan will have 10 Spanish Colonial, 7 Modern Farmhouse and
6 Modern Craftsman. The number of single and two-story plans will remain the
same (8 single-story and 15 two-story). The project also involves the installation
of the following walls and fences for the lots listed in the table below:
Lot Proposed
1-7 5.5' high masonry block wall
14 5.5' high masonry block wall
15-22 7 .5' high glass panel sound wall
with masonry base
23 6' high glass panel sound wall
with masonry bas
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 and Adams
Streeter Civil Engineers dated October 19, 2018, including building
Resolution #18-12-11-01
AC 18-031. The Tradewinds at Pacifica San Juan
Conditions of Approval
Page 2 of3
elevation(s), floor plan(s), and site planning (placement of the homes on each
lot, setbacks, etc) and fence and wall details. 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, as stipulated in the conditions of approval in Planning Commission
Resolution #18-09-11-01.
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
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.
Resolution # 18-12-11-01
AC 18-031. The Tradewinds at Pacifica San Juan
Conditions of Approval
Page 3 of 3
8. Adoption of this resolution does not nullify the conditions of approval listed in
Planning Commission Resolution #18-09-11-01 which are applicable to this
minor modification.
9. 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