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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