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PC Resolution-19-09-24-01PC RESOLUTION NO. 19-09-24-01 ARCHITECTURAL CONTROL (AC) 19-009 GRADING PLAN MODIFICATION (GPM) 19-013 ZONE VARIANCE (ZV) 19-007 SIGN PERMIT (SP) 19-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 19- 009, GRADING PLAN MODIFICATION (GPM) 19-013, ZONE VARIANCE (ZV) 19-007, AND SIGN PERMIT (SP) 19-019; THE GROVES SENIOR APARTMENTS, DEVELOPMENT OF A 87,279 SQUARE-FOOT STRUCTURE WITH 75 AFFORDABLE AGE-RESTRICTED RESIDENTIAL UNITS, ASSOCIATED LANDSCAPING, GRADING, AND SIGNAGE, AT 30333 CAMINO CAPISTRANO (APN 121-050-21) (APPLICANT: C & C DEVELOPMENT, INC.) Whereas, C & C Development, Inc., 14211 Yorba Street, #200, Irvine, CA 92780 (the "Applicant"), has requested approval of Architectural Control (AC) 19-009, Grading Plan Modification (GPM) 19-013, Zone Variance (ZV) 19-007, and Sign Permit (SP) 19-019 to develop a 87,279 square foot structure with 75 affordable age restricted residential units, with landscaping, grading, and signage, at 30333 Camino Capistrano (the "Property"), which is General Plan-designated Very High Density Residential and Very High Density on the Official Zoning Map (the "Project"); and, Whereas, the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 is the owner of the Property; and, Whereas, the proposed Project has been processed pursuant to Section 9- 2. 301, Development Review of the Land Use Code; and, Whereas, the proposed Project qualified for the density bonus program, entitling it to two requested concessions pursuant to Section 9-3.505; and Whereas, the Architectural Control, Grading Plan Modification, Sign Permit, and Zone Variance applications were filed concurrently, so the Planning Commission reviewed all applications; and Whereas, the Environmental Administrator reviewed the project and found it to be statutorily exempt from CEQA pursuant to Government Code Section 65583.2; and, Whereas, the Design Review Committee (DRC) reviewed the plans on August 22, 2019 and recommended that the item move forward to the Planning Commission; and Whereas, the Planning Commission conducted a duly-noticed public meeting on September 24, 2019 pursuant to Title 9, Land Use Code, Section 9-2.302, to consider public testimony on the proposed Project and has considered all relevant public comments; and PC Resolution 19-09-24-01 2 September 24. 2019 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings with respect to the California Environmental Quality Act (CEQA) and the statutory exemption: 1. According to Government Code section 65583.2(h), when sites are re-zoned to accommodate the Regional Housing Needs Allocation ("RHNA") for low and very low income housing, future approval of multifamily rental projects on those sites are considered a "use by right." Government Code section 65583.2(i) defines "use by right" to mean that the review shall not include any discretionary local government action or approval that would constitute a "project" for purposes of CFQA, and therefore, no CEQA compliance would be required; and 2. The proposed project qualifies for this CEQA exemption because on January 21, 2014, the City Council approved a General Plan Amendment that identified the site as available for affordable housing in the City Housing Element and on February 4, 2014, and the City Council approved a rezoning of the proposed project site from Office Commercial to Very High Density. This rezone implemented the General Plan Amendment that was approved on January 21, 2014. The re-zoning ensured that the City's inventory of housing sites in its Housing Element could accommodate all of the low and very low income RHNA allocation that the City was assigned at the time; and 3. Whereas, the record of proceedings on which the Planning Commission's decision is based is located at City Hall for the City of San Juan Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is the Development Services Department Administrative Specialist. 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 9-3.505, Affordable Housing Requirements, of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed project is entitled to concessions under the city's density bonus program because 16% of the units will be restricted to households earning an extremely low to very low income, qualifying the development for up to three incentives. 2. The project applicant requests two concessions: (1) a building height of 46'-6'', exceeding the 35' maximum height requirement; and (2) a floor-to-floor ratio of up to 99%, exceeding the 80% maximum floor-to-floor requirement. 3. The two concessions will not result in a cost reduction, will not have an adverse impact on public health and safety, and will not be contrary to state or federal law. 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: 1. Residential dwelling units (multiple-family, apartments, cooperatives) are permitted by right within the Very High Density zoning district. The proposed project would establish PC Resolution 19-09-24-01 3 Seotember24. 2019 an 87,279 square foot age-restricted apartment building, and has been designed to meet all applicable development standards and provisions of Title 9 of the San Juan Capistrano Municipal code including lot coverages, setbacks, height requirements, use regulations, and affordable housing requirements which allow for concessions to the building height and floor to floor ratio requirements. Furthermore, the project requires approval of a Grading Plan Modification, Sign Permit, and Zone Variance concurrently with the architectural control application, and the applicant has concurrently applied for these entitlements. These permits are subject to their own findings which are discussed separately under each permit application. The findings for the other permits can be made in the affirmative, as will be discussed below. 2. The project is consistent with the Land Use Element, including Land Use Goal 2 of the General Plan, which directs the City to "control and direct future growth within the City to preserve the rural village like character of the community". Policy 2.2 of Land Use Plan Goal 2 further states that the City will "assure that new development is consistent and compatible with the existing character of the City". As the City of San Juan Capistrano is almost entirely built out, the proposed senior apartment building development uses an infill vacant lot with a structure which is compatible with the neighboring developments and uses. Locating the project there ensures leaves undisturbed the predominantly rural village-like character of the City while adding housing stock for the City's seniors. Moreover, Land Use Policy 7 .2 of the General Plan states that the City will "ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure". The proposed senior apartment building is surrounded by a private high school and a memory care facility which are compatible with the proposed age restricted apartment building, and the Spanish and Mission influenced architecture on the surrounding buildings is compatible with the Mission Revival architecture proposed. In addition, the proposed senior apartment building is consistent with the Goals and Policies of the Community Design Element. The project is consistent with Policy 1.2 because the apartment building has been designed with high-quality materials and at a human scale, with patron and guest-oriented courtyards and entry ways. It is consistent with Policy 2.1 because the proposed building incorporates Mission Revival architecture, and California native landscape features which complements the City's traditional historic character. Furthermore, the project is consistent with the Housing Element, which specified that the site could accommodate at least 60 residential units for lower income households. Because the project will provide 74 residential units for lower income senior households, it squarely aligns with Policy 1.3 by encouraging private sector developers to produce housing affordable to elderly persons. Additionally, the Disposition and Development Agreement approved for the project is consistent with Policies 2.1, 2.2, 2.3, 2.4, and 2.9 of the Housing Element, because the City, through a collaborative partnership with the applicant, will be contributing funds for the development from Housing In-Lieu fees, approving concessions to the zoning PC Resolution 19-09-24-01 4 September 24. 2019 development standards through the density bonus program, and requiring an affordability agreement for the development. 3. The project meets the rear and north side yard setback requirements and can meet findings for variances to the front and south side yard setbacks. The proposed building is no larger than the maximum lot coverage, and is entitled to concessions from the floor-to-floor ratio, and the 35' height limit. The development incorporates appropriate vehicular access, including 25'-wide drive aisles from Camino Capistrano, and meets the City's parking requirements. 4. The project's character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Design Guidelines of the City because the project incorporates materials and colors consistent with the approved structures and signage on properties surrounding the site along Camino Capistrano and similar residential uses located within the City of San Juan Capistrano. Furthermore, the City's Design Review Committee has reviewed the design of the proposed building, site design, landscaping, and monument sign and recommended approval. 5. The project's site plan provides functional and safe vehicular and pedestrian access and circulation because the project is accessible from the public right-of-way into the site and provides safe vehicular access. These proposed means of access have been reviewed by the City Engineer who determined that the new use, driveways, and roadway modifications would not have a negative impact to vehicular traffic on Camino Capistrano or Junipero Serra Road. 6. The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the proposed building will use colors and materials that are found throughout San Juan Capistrano, and are similar to the colors and materials of the buildings on adjacent parcels. Additionally, the site topography allows the building to be between 12' to 17' lower than the adjacent roadways, making it appear to be a two-story structure, similar to surrounding structures, if seen from Camino Capistrano road. Finally, the architectural design, landscape, and proposed parking lot features were reviewed by the Design Review Committee, which recommended approval of the designs. 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 and Design Guidelines, because the project allows for the development of a use which is permitted by right within the Very High Density residential zone, and is proposed in locations which ensure a structure can be built which meets all required development standards established in Title 9 of the San Juan Capistrano Municipal Code. While the existing topography needs to be modified in order to facilitate PC Resolu tion 19-09-24-01 5 September 24, 2019 development, the proposed grading and use of retaining walls maintain as much of the natural topography as possible. Additionally, the exposed retaining walls are proposed to be fully landscaped with Little Sur Manzanita and New Gold Latana shrubs at the base and creeping fig vines. 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 orange grove orchard and the vacant unimproved lot, and the lot is proposed to cut into the slope adjacent to Camino Capistrano and Junipero Serra Road and filled adjacent to Trabuco Creek to accommodate~ new development which maintains the average elevation of the existing pad and maintains the topography surrounding the pad. 3. The proposed grading will remain consistent and compatible with immediately- adjacent lots. Grading which takes place adjacent to property lines is proposed to tie in directly to the adjacent properties, by creating adjacent retaining walls and creating gradually graded slopes on the site so that the new development does not impact the adjacent properties. 4. The proposed modified grading plan shows the location of the proposed building footprint and the building meet all required minimum setbacks for buildings in the Very High Density residential zone, or permitted as a variance to the code when all necessary findings are made. Zone Variance 19-007 has been processed concurrently and able to make all necessary findings in accordance with Municipal Code Section 9-2.351. 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. Prior to issuance of 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. Additionally, 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 does hereby make the following findings as established by, Section 9-2.343, Sign Permit of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed monument sign meets all design criteria of Municipal Section 9-3.543, because the sign consists of materials and colors to match the earth tone colors of the proposed building and the existing signage on surrounding properties. Additionally, the sign meets the Community Design Element Policy 1.2 Encourage high quality and human scale design in development to maintain the character of the City, because the sign is designed with high quality materials, designed for vehicular traffic and PC Resolution 19-09-24-01 6 September 24, 2019 circulation orientation, and maintains the similar design of the signage approved for surrounding properties. 2. The request for a 6'-0" tall, 7 square foot monument sign at the entrance to the apartment community conforms with the maximum 6'-0" height and 24 square foot area and location requirements of Sections 9-3.543 and 9-3.559. 3. The proposed sign is not detrimental to the public health, safety, or welfare; will not have adverse impacts on adjacent properties or rights-of-way; or obstruct the view of other legal signs, and will be compatible with surrounding areas because the sign is proposed to be located at the entrance to the residential community, lighted with approved illumination, and outside of the visibility triangle necessary for safe vehicular travel. This ensures that the sign would not create a hazard to adjacent properties. The sign is generally consistent with the Architectural Design Guidelines, because, as described above, the sign is complementary to the architecture and design of the project site. 4. The sign is appropriate within the context of the project and compatible with the surrounding area due to the massing of the signage being compatible with the overall massing of the site and appropriately located adjacent to the community entrance. Furthermore, the City's Design Review Committee has reviewed the proposed monument sign and has recommended approval. 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 9-2.351 Variances and minor exceptions, of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The subject property is located within the Very High Density residential zoning district which requires that lots within the district have a minimum side yard setback of 20 feet and a minimum front yard setback of 20 feet. The subject property is triangular in shape, bounded by Camino Capistrano to the east, Trabuco Creek to the north and west, and the Silverado Senior Living development to the south. The site is adjacent to Orange County Fire Authority (OCFA) wildland, which requires specific setbacks and development requirements to ensure safe buildings and communities. The site is further constrained by an access easement along the southern property line and a San Diego Gas and Electric powerline easement along the eastern property line. Due to the OCFA requirements, strict adherence to the City's requirement of measuring setbacks from surface easements would deprive the property of privileges enjoyed by other properties in the vicinity, such as the Silverado Senior Memory Care facility. 2. Granting of the variance will not constitute a grant of special privileges; rather, it will allow the property to enjoy comparable development to that permitted for other properties in the vicinity. Although there are no developments within Very High Density residential zones to compare the proposed development, other properties in the vicinity also encroach into the minimum required setbacks from surface easements and therefore allowing similar setbacks for this development will not constitute a grant of a special privilege. PC Resolution 19-09-24-01 7 September 24. 2019 3. Granting of the variance will not result in development which is otherwise inconsistent with the provisions of the Land Use Code or the General Plan because the project will meet all remaining development standards identified within the Very High Density residential district, and allowed under the Land Use Code's affordable housing requirements, other than the variance to grant the side and front yard encroachment, as well as all provisions of the General Plan. The allowable land use is Very High Density Residential, which permits a multi-family residential structure on the lot and the variance will not change the existing land use of the site. 4. Granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in the vicinity and land use district in which the property is located. The amount of encroachment is 14'-8" into the south side yard setback and 5'-0" into the front yard setback; however, if measured from the property line or edge of roadways, the setbacks exceed the requirement for the district. Additionally, the proposed development will continue to maintain substantial setbacks from the north side and rear property lines. Furthermore, the setback from the roadways affords greater separation than the minimum code requirement which is 20 feet. Therefore, the extent of the variance will not be detrimental to the public health, safety or welfare or be injurious to other properties in the area. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves project, Architectural Control (AC) 19-009, Grading Plan Modification (GPM) 19-013, Zone Variance (ZV) 19- 007, and Sign Permit (SP) 19-019 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. Howard Hart, hairman Sergi~ry Assistant Development Services Director EXHIBIT "A" P.C. RESOLUTION 19-02-26-01 CONDITIONS OF APPROVAL PROJECT LOG#: AC19-009, GPM19-013, ZV19-007, AND SP19-019 PROJECT NAME: The Groves Senior Apartments APPROVAL DATE: September 24, 2019 Architectural Control (AC) 19-009, Grading Plan Modification (GPM) 19-013, Zone Variance (ZV) 19-007, and Sign Permit (SP) 19-019, are 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 the above referenced approved applications. These conditions of approval apply to the above-referenced project applications 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 applicant proposes to develop a 87,279-square-foot structure with 75 affordable age-restricted residential units, with landscaping, grading, and signage, at 30333 Camino Capistrano. This project approval is based on and subject to the application materials prepared by IDEArc Architecture and Planning dated September 9, 2019, including building elevation(s), floor plan(s), grading, sign plans, landscaping, site plan and materials board. 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 19-09-24-01 The Groves Senior Apartments Conditions of Approval Page 2of4 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 for extenuating reasons. 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 to ensure consistency with the approved plans and conditions of approval. Prior to Submittal for a Building Permit, the following conditions shall be met: 7. Provide engineer's preliminary cost estimate for grading and erosion/sediment control BMPs. 8. Provide a Storm Water Pollution Prevention Plan (SWPPP) to mitigate erosion and sediment form leaving the site during construction activities. 9. The water and sewer improvement plans need to clearly delineate the existing public water and sewer facilities and easements and all proposed public and private water and sewer improvement systems. Also, clearly identify any proposed public water facilities relocations within the required water easements, per the City Water Standards. The project's water and sewer systems need to be designed to be privately operated and maintained. 10. Sewer improvement plans shall detail private sewer pump configuration, including pump, vault, electrical, backup pump, secondary vault, generator, and above ground structure, if necessary. Resolution 19-09-24-01 The Groves Senior Apartments Conditions of Approval Page 3 of4 11. Provide engineer's preliminary cost estimate for domestic water, recycled water, and sewer improvements in order for Utilities Engineering to determine initial Utilities Engineering plan check fees that need to be paid at the time of 1st improvement plans submittal to Utilities Engineering to review. 12. Cost estimates for the public portion of water and sewer improvement systems that will be dedicated to the City to operate and maintain shall be per prevailing wage rates, if applicable. 13. Provide Utilities Engineering with a copy of the approved Fire Master Plan . 14. Enter into an agreement indemnifying the City of San Juan Capistrano for any claims for damages or injury, including claims by third parties, arising from or related to the project site's proximity to or impact from Trabuco Creek, including but not limited to flood damage. Prior to the issuance of a grading or building permit, the following conditions shall be met: 15. Archaeological Monitori ng. 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. 16. 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) 17. Paleontological Monitor. Prior to issuance of a permit for grading over 18" in depth, a qualified paleontologist (defined as a paleontologist on the List of Certified Paleontologists for Orange County) shall be retained by the project applicant and shall be present at pre-construction meetings to advise construction contractors about the potential occurrence of paleontological resources located on and/or in the vicinity of the project site, as well as monitoring requirements. Resolution 19-09-24-01 The Groves Senior Apartments Conditions of Approval Page 4 of4 18. Provide written confirmation from easement holders of the following easement documents that walls and grading may occur within easement areas. a. Recording No.: 20010620023 for San Diego Gas & Electric Company b. Recording No.: 20000198171 for City of San Juan Capistrano and Silverado Senior Living 19. An Encroachment Permit is required for work and construction-related activities in the public right-of-way. These include roadway improvements, truck hauling, traffic control, site ingress and egress, hours of operation in the right-of-way, street cleaning, etc. a. An Encroachment Permit is required for a Haul Route for any import/export of earth material in excess of fifty (50) cubic yards to or from the site. Submit the Haul Route for review and approval by the City Engineer. b. An Encroachment Permit may require additional insurance, depending on the scope of the work in the right-of-way. 20. Provide easement documents for portion of the public water improvements (such as water master meter) that will be located on the property. 21. Provide engineer's final cost estimates for water and sewer improvements in order for Utilities Engineering to calculate water and sewer construction inspection fees and final plan check fees. Prior to Certificate of Occupancy Issuance, the following conditions shall be met: 22 . All water service applications (fire line, domestic, and irrigation) need to be obtained from Utilities Engineering, completed, and returned along with certification of backflow test results to the Utilities Department for processing. 23. Replace all damaged public facilities including damaged curb and gutter. 24. Install new driveway in accordance with City standards and designed to prevent storm water from the street entering onto the site. The following conditions shall be met continuously during construction and prior to issuance of any certificate of occupancy: 25 . 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.