PC Resolution-18-12-11-02PC RESOLUTION NO. 18-12-11-02
ARCHITECTURAL CONTROL (AC) 18-032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL {AC) 18-
032, MINOR MODIFICATIONS TO THE WALL AND FENCE PLAN FOR TRACT 16752,
OCEAN HILLS AT PACIFICA SAN JUAN LOCATED AT THE INTERSECTION OF
PASEO ETERNIDAD AND AVENIDA CALIFORNIA WITHIN THE PACIFICA SAN
JUAN DEVELOPMENT. (ASSESSOR'S PARCEL NUMBERS {APN 675-471-01
THROUGH 675-444-38; 675-471-41; 675-461-46; 675-461-01 THROUGH 675-461-44;
675-461-50 THROUGH 675-461-52) {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) 18-032, Minor Modifications to the wall and fence pan for
Tract 16752, 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 18-12-11-02 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 El R 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 18-032), 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 18-12-11-02 3 December 11 2018
1 . Change in the fence and wall plans does not change the use, intensity or density
of the project. The modification involves replacing one style of fence, primarily
tubular steel with a glass panel sound wall.
2. 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. Further, the new design of the fence will
remain compatible with the approved architecture styles for the development as
well as with existing development. The change in fence design would not result in
new environmental impacts.
3. The modifications to the 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 fence/wall plans are consistent
with the adopted Architectural Design Guidelines of the City because proposed
fences and walls 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) 18-032, Minor Modification, 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 18-12-11-02 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 11 1h day of December, 2018.
Sergio K tz, AICP, Assistant Development Services
Director/Secretary
EXHIBIT "A"
P .C. RESOLUTION #18-12-11-02
CONDITIONS OF APPROVAL
PROJECT LOG#: AC 18-032,
PROJECT NAME: Ocean Hills at Pacifica San Juan
APPROVAL DATE: December 11, 2018
Architectural Control (AC) 18-032, 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 involves the installation of the following walls and fences for
the lots listed in the table below:
Lot Proposed
63-79 6' high glass panel sound wall
with masonry bas
6' high glass panel sound wall
82 with masonry base and portion
5.5' high masonry block wall
This project approval is based on and subject to the application materials
prepared by Adams Streeter Civil Engineers dated November 29, 2018,
including 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 #18-09-11-02.
Resolution # 18-12-11-02
AC 18-032. Ocean Hills at Pacifica San Juan
Conditions of Approval
Page 2 of2
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. Adoption of this resolution does not nullify the conditions of approval listed in
Planning Commission Resolution #18-09-11-02 which are applicable to this
minor modification.
8. 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 fence and wall 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