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PC Resolution-20-05-12-03PC RESOLUTION NO. 20-05-12-03 Architectural Control (AC) 18-021, Grading Plan Modification (GPM) 18-005 & Sign Program (SP) 18-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ARCHITECTURAL CONTROL (AC) 18- 021, GRADING PLAN MODIFICATION (GPM) 18-005, AND SIGN PROGRAM (SP) 18- 031 FOR THE GANAHL LUMBER PROJECT LOCATED ON THE LOWER ROSAN PROPERTY AT 25865 STONEHILL DRIVE, CONTINGENT UPON THE CITY COUNCIL CERTIFYING THE FINAL EIR FOR THE PROJECT WHEREAS, Ganahl Lumber Co. (the "Applicant") is proposing the Ganahl Lumber Project ("Project"), an approximately 17-acre commercial project at 25865 Stonehill Drive. The Project entitlements required include, among other approvals, Architectural Control (AC 18-021) to review the site plan, architectural design of the structures, lighting, site amenities and landscape; Grading Plan Modification (GPM 18- 005) for the review of onsite grading and elevations to create building pads, a parking lot and pedestrian access; and Sign Program (SP 18-031) for review of business ·signs for the Ganahl Lumber development; and WHEREAS, the City prepared a Draft Environmental Impact Report ("DEIR") that analyzed the proposed Project's environmental impacts in compliance with the provisions of the California Environmental Quality Act ("CEQA"). The DEIR was made available to the public for review and comment for 45 days between January 6, 2020, and February 19, 2020. During and following the close of the public review period, the City received numerous comment letters and e-mails on the project. For those letters and e- mails that raised CEQA-related issues, the City has prepared Response to Comments as required by CEQA, which are included in the Final EIR. The Final EIR determined that the proposed Project could result in potentially significant and unavoidable impacts to traffic as a result of the Project. The Project would result in potentially significant impacts at two roadway segments: Stonehill Drive between Camino Capistrano and Project driveway and between Project driveway and Del Obispo Street. In addition, the proposed Project would also result in potentially significant impacts at the intersection of Del Obispo StreeUStonehill Drive. Further, the impacted intersection is located within the City of Dana Point, and mitigation cannot be enforced within another jurisdiction outside of the City of San Juan Capistrano. No feasible mitigation is available to reduce the impacts on these two roadway segments and intersection. The Final EIR demonstrates that all other environmental impacts can be reduced to a level of less than significant through the incorporation of mitigation measures. The Draft EIR and Final EIR for the project are available on the City's website at: http://sanjuancapistrano.org/Departments/Development -Services/Planning; and WHEREAS, the Planning Commission has carefully considered the application, all the information submitted by the Applicant, the public, and city staff in connection with the Project, including the agenda report prepared by staff for these and other Project approvals. PC Resolution 20-05-12-03 2 May 12, 2020 NOW, THEREFORE, BE IT RESOLVED, that the recitals above are incorporated herein by reference as findings of the Planning Commission. NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful consideration of the agenda report and all the evidence that was presented in connection with this Project, the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as required by Subsection (c) of Section 9-2.313 Architectural Control Review of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed use and design of the Project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan; 2. The proposed use and design of the Project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element; 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved; 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City; 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation; and 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful consideration of the agenda report and all the evidence that was presented in connection with this Project, the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as required by Subsection (f) of 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, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics; 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 project as approved by the reviewing authority; 3. The proposed grading will remain consistent and compatible with immediately- adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots; 4. The proposed modified grading plan shows the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined PC Resolution 20-05-12-03 3 May 12, 2020 in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title; and 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful consideration of the agenda report and all the evidence that was presented in connection with this Project, the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as required by Subsection (c)(3) of Section 9-2.343 Sign Permits and Sign Programs of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The sign program is consistent with the General Plan and Design Guidelines, and is complementary to the architecture and design of the development project; 2. The sign program conforms to all applicable requirements of this Code and any applicable specific plan or comprehensive development plan; and 3. The sign program is generally compatible with the design character of adjacent properties and/or rights-of-way. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves Architectural Control (AC) 18-021, Grading Plan Modification (GPM) 18-005, and Sign Program (SP) 18-031 for the Project, subject to the Conditions of Approval established by Exhibit A, attached hereto and incorporated herein, and contingent upon the City Council certifying the Final EIR for the Project. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at 5:30 pm, Wednesday, may 27, 2020. This project approval shall be valid for a period of 12 months from the effective date of approval of this resolution, and shall expire on May 28, 2021 unless a time extension request or building permit application related to this discretionary approval is submitted to the City prior to that date. 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. PC Resolution 20-05-12-03 4 May 12. 2020 PASSED, APPROVED AND ADOPTED this 12th day of May, 2020. ~-~ Tami Wilhelm, Chair Sergio tz, AICP, Assistant Development Services Director/Secretary EXHIBIT "A" P.C. RESOLUTION 20-05-12-03 CONDITIONS OF APPROVAL PROJECT LOG#: AC18-021, SP18-031, and GPM18-005 PROJECT NAME: Ganahl Lumber APPROVAL DATE: May 12, 2020 Architectural Control (AC) 18-021, Sign Permit (SP) 18-031, Grading Plan Modification (GPM) 18-005, 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 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. Approval of these applications is contingent upon the City Council approving the Flood Plain Land Use Permit 18-001 (FP), and Tentative Tract Map 20-001 (TTM). If Flood Plain Land Use Permit 18-001 (FP) or Tentative Tract Map 20-001 (TTM) are denied by the City Council, the approval of the above referenced applications is deemed null and void. General Conditions: 1. The applicant proposes to develop a 145,074 square feet lumber retail and storage business, future food uses totaling 6,000 square feet and a vehicle storage area for up to 399 vehicles, with landscaping, grading, and signage, at 25865 Stonehill Drive. This project approval is based on and subject to the application materials prepared by Withee Malcolm Architects, LLP dated May 4, 2020, including building elevation(s), floor plan(s), grading, sign plans, landscaping, site plan and materials board plan. 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, Resolution 20-05-12-03 Ganahl Lumber Project Conditions of Approval Page 2 of4 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. 3. 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. 4. 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 . 5. Construction activity is prohibited on Sundays and on any federal holiday unless waived by the Building Official for extenuating reasons. 6. The applicant shall comply with all requirements from the Building & Safety Division and all other City departments. 7. The applicant shall schedule a final inspection with the Development Services Department, Public Works Department, and Utilities Department to inspect the final construction of improvements related to their department's discipline to ensure consistency with the approved plans and conditions of approval. 8. All future lighting shall meet the City's Municipal Code Section 9-3.529 Lighting Standards. New site lighting which has not previously been approved by the Design Review Committee shall be reviewed by the Director to ensure consistency with the Design Review Committee's original approval. 9. Future proposed uses and structures on Lots 1 and 2 shall be subject to the San Juan Municipal Code including appropriate applications such as architectural control, conditional use permit and development use permit, as well as the code outlined review and approval processes. 1 O. Signage proposed by future uses on Lots 1 and 2 shall be subject to amendment of SP18-031 and review and approval by Planning Commission. Resolution 20-05-12-03 Ganahl Lumber Project Conditions of Approval Page 3 of4 11. A landscaped berm located adjacent to the northern property line shall be maintained to screen from view the activities on Lots 3 and 4 from the adjacent residential use. Such landscaped berm shall be of a minimum height to provide adequate screening, undulate to provide a variety of heights and be planted with trees, shrubs and ground cover as shown on the approved landscape plans. The minimum height will take into account the size of landscaping when plants, trees, and shrubs are fully mature. Prior to Submittal for a Building Permit, the following conditions shall be met: 12. Plans shall include the design details of the retaining walls, including scaled and dimensioned sections of the proposed wall. Prior to the issuance of a grading or building permit, the following conditions shall be met: 13. Historic Depiction Program. Prior to issuance of a building permit, submit an Historic Depiction Program for review by the Cultural Heritage Commission. (DSD). 14. Prior to issuance of a grading permit, an Encroachment Permit is required for any work and construction-related activities in the public right-of-way. These include truck hauling, traffic control, site ingress and egress, hours of operation in the right-of-way, street cleaning, etc. 15. Prior to issuance of a grading permit, 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. 16. Prior to issuance of a building permit, the applicant must demonstrate compliance with the OCFA requirements. 17. Arch.aeological 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.. 18. 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 Resolution 20-05-12-03 Ganahl Lumber Project Conditions of Approval Page 4 of4 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). 19. 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 .. Prior to Certificate of Occupancy Issuance, the following conditions shall be met: 20. Receive approval of an Historic Depiction Program by the Cultural Heritage Commission, which is required for new developments, in accordance with City Council Policy 606. The following conditions shall be met during construction and operation of the project occupancy: 21. 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, landscaping plans, sign plans and lighting plans. 22. Compliance with Mitigation and Monitoring Program. At all times relevant, Applicant shall comply with the Mitigation Monitoring Program ("MMRP") adopted in connection with FEIR SCH No. SCH# 2019050015 in connection with the Project.