PC Resolution-19-01-22-07PC RESOLUTION NO. 19-1-22-07
FLOODPLAIN LAND USE PERMIT (FP) 18-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THE CITY COUNCIL APPROV
FLOODPLAIN LAND USE PERMIT (FP) 18-002 (SAN JUAN HILLS GOLF CLUB)
ASSOCIATED WITH THE RELOCATION AND RECONFIGURATION OF AN EXISTING
DRIVING RANGE AND HOLES, NEW PARKING LOT, NEW ANCILLARY
STRUCTURE AND LANDSCAPING, GRADING, A NEW 50 TO 80 FOOT TALL
SAFETY FENCE, A NEW MONUMENT SIGN, AT 32120 SAN JUAN CREEK ROAD
(APN 666-011-027) (APPLICANT: ROBERT HARDING)
Whereas, Robert Harding for the San Juan Hills Golf Club LP., 6 Venture, Suite
100, Irvine, CA 92618 (the "Applicant"), has requested approval of Architectural Control
(AC) 17-031, Sign Permit (SP) 18-043, Grading Plan Modification (GPM) 18-008, &
Floodplain Land Use Permit (FP) 18-002 to relocate and reconfigure an existing driving
range and Holes, new parking lot, new ancillary structure and landscaping, grading
associated with the reconfiguration, a new 50 to 80 foot tall safety fence, a new monument
sign, within the San Juan Hills Golf Club, which is General Plan-designated Open Space
Recreation and Open Space Recreation District on the Official Zoning Map (the "Project");
and,
Whereas, San Juan Hills Golf Club, LP., 6 Venture, Suite 100, Irvine, CA 92618
is the owner of the property as listed above; and,
Whereas, the proposed project has been processed pursuant to Section 9-2.321,
Floodplain Land Use Permit of the Land Use Code; and,
Whereas, the Environmental Administrator has determined that the proposed
project is categorically exempt per Section 15301, Existing Facilities from the California
Environmental Quality Act (CEQA). The Class 1 exemption allows minor alterations of
existing facilities involving negligible or no expansion of use beyond what is existing
currently; and
Whereas, the Design Review Committee (DRC) reviewed the plans on December
13, 2018 and recommended that the item move forward to the Planning Commission; and
Whereas, Planning Commission conducted a duly-noticed public meeting on
January 22, 2019 pursuant to Title 9, Land Use Code, Section 9-2.321 and City Council
Policy 5 to consider public testimony on the proposed project and has considered all
relevant public comments; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby find that the project has
been reviewed in accordance with the California Environmental Quality Act (CEQA) and
the City's Environmental Administrator has determined that the proposed project is
PC Resolution 19-1-22-07 2 January 22, 2019
categorically exempt per Section 15301 , Existing Facilities. The Class 1 exemption
allows minor alterations of existing facilities involving negligible or no expansion of use
beyond what is existing currently.
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 9-2.321 (Floodplain Land Use Permit) of Title 9, Land Use Code
of the City of San Juan Capistrano:
1. The proposed project will comply with standards in Municipal Code Section 9-
3.405 because:
a. Locational Standards:
i. Alternative location. No alternative location for the proposed project
exists on the property as the entire property as well as adjacent
properties are within the limits of the special flood hazard area.
ii. Structures. The proposed restroom/golf ball dispensing building is
neither the principal nor is it an accessory structure. The facility is
proposed as ancillary to the Golf Course which is a use appropriate
within the City's floodplains in accordance with the General Plan.
111. Significant public need. There will be no proposed channel
realignment or major alterations to the channel cross-section
(geometric).
iv. Compliance feasibility. Prior to issuance of a building permit or
grading permit, the applicant must demonstrate compliance with the
Federal Emergency Management Agency (FEMA) requirements and
with the provisions of Section 8-11.113, "Standards of construction"
for construction within the floodplain .
b. Site Development Standards:
i. Floodplain Impact: Prior to the issuance of a grading permit or
building permit, the applicant must demonstrate that the project will
not impact the floodplain by creating any discernable net increase in
water surface elevation and will not exacerbate erosive velocities
within special flood hazard areas, and will not contribute to upstream
or downstream flooding of properties.
11. Federal and State agencies compliance: The project's preliminary
Water Quality Management Plan has been approved by the City
Engineer in compliance with the Regional Water Quality Control
Board National Pollutant Discharge Elimination System (NPDES)
construction permit. Prior to issuance of a grading or building permit,
the applicant must demonstrate compliance with the United States
Army Corps of Engineer Section 404 Permit, and with the California
Department of Fish and Wildlife Section 1602 Stream Alteration
Agreement. The project will be conditioned to meet all Federal
PC Resolution 19-1-22-07 3 January 22. 2019
Emergency Management Agency building requirements. Therefore,
this Floodplain land use project complies with all Federal Emergency
Management Agency, California Fish and Wildlife Department,
United States Army Corps of Engineer, and Regional Water Quality
Control Board requirements, as amended and in effect at the time
the permit application is submitted and deemed complete.
iii. Site Environmental Impact: The project location will not create any
significant impacts pursuant to the California Environmental Quality
Act as the use is existing and not expanding. The project involves
the relocation of the existing driving range and reconfiguration of
existing Holes with a small ancillary building which will provide a
restroom and golf dispensing facility for customers to the driving
range .
c. Land Use Standards: The project falls within the Special Flood Hazard
Zones "AE," which allows recreational uses, such as golf courses subject to
the approval of a floodplain land use permit which comply with the standards
of subsections (c) Locational standards, and (d) Site Development
standards.
2. Prior to issuance of a grading permit or building permit, the applicant must
demonstrate that the project will not result any in discernable net increase in water
surface elevation and will not exacerbate erosive velocities within special flood
hazard areas, and will not contribute to upstream or downstream flooding of
properties.
3. Prior to issuance of a grading permit or building permit, the applicant must
demonstrate that the project will not exacerbate flooding hazards.
4. The proposed project is consistent with all other applicable requirements of the
Municipal Code including the proposed 50 to 80 foot tall safety net as the Code
allows the Planning Commission to establish height and design standards for the
safety fence. Prior to issuance of a grading or building permit, the applicant must
demonstrate that the proposed project complies with the Federal Emergency
Management Agency, California Fish and Wildlife Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in
effect at the time the application was deemed complete.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends adoption of a
resolution approving Floodplain Land Use Permit (FP) 18-002, 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
PC Resolution 19-1-22-07 4 January 22. 2019
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 22nd day of January, 2019.
/
EXHIBIT "A"
P.C. RESOLUTION #19-01-22-07
CONDITIONS OF APPROVAL
PROJECT LOG #: (FP) 18-002
PROJECT NAME: San Juan Hills Golf Club Driving Range
APPROVAL DATE: January 22, 2019
Floodplain Land Use Permit (FP) 18-002 is recommended for approval 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 application. 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 proposes to relocate and reconfigure an existing driving
range and Holes, new parking lot, new ancillary structure and landscaping,
grading associated with the reconfiguration, a new 50 to 80 foot tall safety fence,
a new monument sign, within the San Juan Hills Golf Club. This project
approval is based on and subject to the application materials prepared by
Masson & Associates, Inc; Land Concern Landscape Architecture; Musco
Lighting; and Heritage Signs & Graphic/Design Group dated January 14, 2019,
including building elevation(s), floor plan(s), grading, sign plans landscaping,
site plan and lighting study. 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.
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
Resolution #19-01-22-07
FP 18·002. San Juan Hills Golf Club Driving Range
Conditions of Approval
Page 2 of4
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. Applicant shall provide geotechnical report with wet ink signatures when
submitting for Plan Check. (PW)
8. Applicant shall provide Grading Plan and show earthwork quantities estimates
in cubic yards for amounts of cuts, fill, over-excavation, import, and export when
submitting for Plan Check. (PW)
9. The Applicant shall provide narrative details explaining how the project will be
designed to address Flood Hazard when submitting for Plan Check. (PW)
10. Verify FFE's to FEMA base flood elevations to ascertain 1 foot min. freeboard
prior to submitting for Plan Check. (PW)
11. Applicant shall provide preliminary Drainage Plan to show or explain the
drainage area tributary to the site and include a statement setting forth in detail
the manner in which storm water runoff will enter the site, the manner in which
it will be carried through the site , and the manner in which disposal beyond the
site boundaries be accomplished. Especially critical due to creek side location
when submitting for Plan Check. (PW)
Resolution #19-01-22-07
FP 18-002. San Juan Hills Golf Club Driving Range
Conditions of Approval
Page 3 of 4
12. Applicant shall provide Erosion and Sediment Control Plans (ESCP) including
backup calculations and data as part of the grading plan set when submitting
for Plan Check. (PW)
13. Applicant shall revise the Site Plan to depict, note, and dimension the
approximate location for all existing and proposed wet and dry utilities (i.e.
electric, gas, water, storm drain, fire, sewer) when submitting for Plan Check.
(PW)
14. Applicant shall provide existing and proposed pervious and impervious area
calculations (in square feet) along with any proposed disturbed area quantity (in
square feet) when submitting for Plan Check. (PW)
15. Applicant shall obtain final approval of the Water Quality Management Plan prior
to issuance of a grading or building permit from the Public Works Department.
(PW)
16. Prior to the issuance of a grading or building permit, the applicant must
demonstrate to the satisfaction of the Public Works Director that the proposed
grading will not result in any negative impacts to hydrology, and water quality
as required by local and state laws. (PW).
17. Prior to the issuance of a grading or building permit, the applicant must
demonstrate compliance with the United States Army Corps of Engineer Section
404 Permit, with the California Department of Fish and Wildlife Section 1602
Stream Alteration Agreement, Regional Water Quality Control Board
requirements and with the Federal Emergency Management Agency
requirements. (PW).
18. Prior to issuance of a grading permit or building permit, the applicant must
demonstrate that the project will not exacerbate flooding hazards. (PW).
19. The site plan needs to depict and call out location of the existing ponds, water
meters (irrigation, domestic, pond), private well, plumbing filling the existing
pond and irrigation lines, and needs to specify if the existing ponds are
connected to each other and if so, describe the method of connection, and
specify source of water for the proposed pond, ac-fUyr water needs to fill the
proposed pond when submitting for Plan Check. (UTIL)
20. Private well water must be the source of water to fill the proposed pond. (UTIL)
21. Clearly show the City 96" GIPP/or RCP storm drain line and its distance to the
proposed pond when submitting for Plan Check (UTIL).
22. Clearly show and call out City 66" GIPP/or RCP and 42" RCP storm drain lines
crossing the property when submitting for Plan Check (UTIL).
Resolution #19-01-22-07
FP 18-002. San Juan Hills Golf Club Driving Range
Conditions of Approval
Page 4 of 4
23. Depict existing sewer main and sewer lateral(s) to the property when submitting
for Plan Check (UTIL).
24. Prior to the issuance of a grading or building permit, the applicant must
demonstrate compliance with OCFA requirements. (OCFA).
25. Archaeological Monitoring. Prior to issuance of a grading permit, the applicant
shall submit to the Development Services Department documentation that a
qualified archaeologist (defined as an archaeologist on the List of Certified
Archaeologists for Orange County) has been retained to monitor site clearing ,
grading, and excavation activities, stating the name, qualifications, and contact
information for the archaeologist.
26. Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result in
grading, excavating, and/or trenching on or below the original ground surface
(including during project-related off-site utility [e.g., natural gas, electricity,
sewer, water, drainage, communications, etc.] and roadway improvements).
The Native American monitor shall consult with the archaeological monitor
regarding objects and remains encountered during grading that may be
considered sacred or important. In the event that evidence of human remains is
discovered, the Native American monitor shall verify that the archaeologist has
notified the Coroner. (DSD)
The following conditions shall be met continuously during construction and prior
to issuance of any certificate of occupancy:
27. 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. (DSD)
Responsible Departments/Agencies:
DSD: Development Services Department
PW-UTIL: Public Works-Utilities Division
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Signature of (name & title) Date