PC Resolution-20-06-09-02PC RESOLUTION NO. 20-06-09-02
Architectural Control (AC) 17-033, Grading Plan Modification (GPM) 17-013 & Sign
Program (SP) 20-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY· OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ARCHITECTURAL CONTROL (AC) 17-
033, GRADING PLAN MODIFICATION (GPM) 17-013, AND SIGN PROGRAM (SP) 20-
012, FOR THE TIRADOR RESIDENTIAL PROJECT LOCATED AT 27000 CALLE
ARROYO, CONTINGENT UPON THE CITY COUNCIL CERTIFYING THE FINAL EIR
FOR THE PROJECT
WHEREAS, Watt Communities (the "Applicant") is proposing the Tirador
Residential Project ("Project"), a 16.1-acre residential project at 27000 Calle Arroyo,
which is General Plan designated Planned Community and General Open Space and
Zoned Planned Community, Comprehensive Development Plan 78-01, Sector 8-3. The
Project entitlements required for the Project include, among other approvals, Architectural
Control (AC) 17-033, Sign Program (SP) 20-012 and Grading Plan Modification (GPM)
17-013 to develop a 132-unit residential community; 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 March 4, 2020, and
February 17, 2020. During and following the close of the public review period, the City
received five 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 EIR determined that all
environmental impacts could 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.
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 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:
PC Resolution 20-06-09-02 2 June 9 2020
1. The proposed project is entitled to concessions under the City's density bonus
program because 10.6% of the units will be restricted to households earning a
moderate income, qualifying the development for up to one concession.
2. The proposed project is entitled to waivers to development standards under the City's
density bonus program because a site analysis with all Very High-Density residential
district development standards applied, demonstrates that the development would
result in a loss of 25 units.
3. The project applicant requests one concession, a floor-to-floor ratio of up to 93%,
exceeding the 80% maximum floor-to-floor requirement.
4. The project applicant requests four waivers: 1) Minimum 8'-0" separation between
buildings where 20'-0" is required; 2) 0'-0" setback from City owned well property
where 20'-0' is required; 3) 10'-0" setback from 24 Hour Fitness property where 20'-0"
is required, and 4) elimin·ate requirement to provide one RV parking stall for every
seven units.
5. The one concession and four waivers 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 9-3.505(e), Affordable Housing Requirements, of Title 9, Land
Use Code of the City of San Juan Capistrano:
1. The project is consistent with the General Plan 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 132-unit residential
community development uses an infill vacant lot with structures which are compatible
with the neighboring developments and uses. Locating the project at this infill property
here ensures other more appropriate open space lands remain undisturbed and
preserve the predominantly rural village-like character of the City while adding housing
stock for the City.
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 132-unit
residential community is surrounded by a commercial gym, office development and
equestrian facility which are compatible with the proposed single family and townhome
residences, and the Spanish or early California architecture influenced architecture on
the surrounding buildings is compatible with the Spanish and Farmhouse architecture
proposed.
PC Resolution 20-06-09-02 3 June 9 2020
In addition, the proposed single family and townhome buildings are consistent with the
Goals and Policies of the Community Design Element. The project is consistent with
Policy 1.2 because the residential buildings have been designed with high-quality
materials and at a human scale, with resident and guest-oriented recreational space
and entryways and the density of the development is less than the maximum permitted
for the district which would permit up to 30 dwelling units per acre. It is consistent with
Policy 2.1 because the proposed building incorporates Spanish and Farmhouse
architecture, and California native landscape features which complements the City's
traditional historic character.
2. The detached and attached single-family residences and multi-family townhomes are
permitted within the Ortega Planned Community, Comprehensive Development Plan
78-1, Sector B-3 zoning district. The proposed project would establish a 132-unit
residential community 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 and waivers to
standards such as setbacks, floor to floor ratio, and RV parking requirements.
3. The project has been analyzed through a Environmental Impact Report and
determined that all environmental impacts could be reduced to a level of less than
significant through the incorporation of mitigation measures.
4. The project includes a condition of approval that Affordability Covenants restricting 14
units to be made available to moderate income households for a period of ten years
will be recorded against the property prior to finalizing the Final Tract Map.
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. Detached and attached single-family residences and multi-family townhomes are
permitted within the Ortega Planned Community, Comprehensive Development Plan
78-1, Sector B-3 zoning district. The proposed project would establish a 132-unit
residential community 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 and waivers to
standards such as setbacks, floor to floor ratio, and RV parking requirements.
Furthermore, the project requires approval of a Sign Permit, Grading Plan
Modification, Floodplain Land Use Permit, and Tentative Tract Map concurrently with
the architectural control application, and the applicant has concurrently applied for
these entitlements. These permits are subject to separate findings which are
PC Resolution 20-06-09-02 4 June 9 2020
discussed separately under each permit application. The findings for the other permits
can be met and substantial evidence supports those findings.
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 132-unit residential community
development uses an infill vacant lot with structures which are compatible with the
neighboring developments and uses. Neighboring residential developments within the
Ortega Planned Community, Comprehensive Development Plan 78-1 include the
Capistrano Del Oro detached condos at a density of seven dwelling units per acre,
located to the east of the property, and the Vitia Paloma and Season's apartment
complexes at an average density of 35 dwelling units per acre, located to the north of
the property. Locating the project at this infill property here ensures other more
appropriate open space lands remain undisturbed and preserve the predominantly
rural village-like character of the City while adding housing stock for the City.
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 132-unit
residential community is surrounded by a commercial gym, office development and
equestrian facility which are compatible with the proposed single family and townhome
residences, and the Spanish or early California architecture influenced architecture on
the surrounding buildings is compatible with the Spanish and Farmhouse architecture
proposed.
In addition, the proposed single family and townhome buildings are consistent with the
Goals and Policies of the Community Design Element. The project is consistent with
Policy 1.2 because the residential buildings have been designed with high-quality
materials and at a human scale, with resident and guest-oriented recreational space
and entryways. It is consistent with Policy 2.1 because the proposed building
incorporates Spanish and Farmhouse 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 230 residential units for lower income
households, because the project will provide 14 residential units for moderate income
households, 118-units for above moderate income households, and there are
alternative sites in the City to accommodate the 216 affordable units not being
provided at the project site. Specifically, applicant has identified a 44.83-acre
alternative site within the Oso Planned Community, of which 30% is designated for
Very High Density, and would accommodate up to 403 units for lower income
households, which aligns with Policy 1.3 by encouraging private sector developers to
produce housing affordable. The Housing Element Annual Report for the 2020
PC Resolution 20-06-09-02 5 June 9 2020
calendar year would identify the development of 118-units for above moderate income
households and 14-units for moderate income households at this property, and the
replacement site which would accommodate the 216 units which are no longer
anticipated to be developed within the Tirador project. Additionally, the provision of
affordable housing, as required by the 10% inclusionary housing requirement, within
the project is consistent with Policies 2.1 and 2.2 of the Housing Element, because
the project would provide 14-units for moderate income households and the City would
be approving a concession and five waivers to development standards as an incentive
to development of affordable housing.
3. The project meets the lot coverage ratios, and 35' height limit, with only architectural
projections encroaching beyond the maximum height, as allowed by the City's
Municipal Code's definition of Architectural Projection. The front, rear, and side yard
setbacks are proposed to be met except the side setbacks to the property lines shared
with the 24-hour Fitness and City-owned well property, which is a part of the
applicant's waiver request. The applicant has proposed to provide all necessary
residential and guest parking, with a waiver request for the RV parking associated with
multi-family developments. The proposed development is entitled to concessions from
the floor-to-floor ratio, and waiver from the minimum building separation. The
development incorporates appropriate vehicular access, including 24'-wide drive
aisles from Calle Arroyo and 20'-wide alley driveways.
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 Calle Arroyo 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 Calle
Arroyo.
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. Finally, the architectural design, landscape, and proposed parking
lot features were reviewed by the Design Review Committee, which recommended
approval of the designs.
PC Resolution 20-06-09-02 6 June 9, 2020
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 and Design Guidelines, because the project allows for the development of a use
which is permitted by the General Plan and Land Use Code on the property and is
proposed in locations which ensure a structure can be built outside of floodplains, and
which meets all required development standards established by the Ortega Planned
Community, Comprehensive Development Plan 78-1, Sector B-3 or qualifies for
concessions and waivers to the standards due to provision of affordable housing.
While the existing topography needs to be modified in order to facilitate development,
the proposed final grade maintain as much of the natural topography as possible and
ensures a safe development outside of any flood way. Additionally, the exposed walls
due to retaining will be no taller than 7' and be screened by existing natural
landscaping between the property and the 1-5 freeway.
2. The proposed grading modifications are generally consistent with the approved site
plan, preliminary grading plan, grading standards, and design concepts of the original
industrial complex previously approved for the site through AC07-001, and the
unimproved portions of the vacant lot. The proposed design is consistent because the
development is primarily located in the same location as the previously approved
industrial buildings, and the vacant lot is proposed to be built up to accommodate
development, utilizing the natural topography to establish the residential community.
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 retaining walls, along the same lines
as existing retaining walls, and maintaining in place, or replacing in-kind existing
grades on the site so that the new development does not impact the adjacent
properties.
4. The proposed grading plan shows the location of all proposed building footprints which
meet the required minimum setbacks for structures within the Ortega Planned
Community, Comprehensive Development Plan 78-1, Sector B-3, or qualify for a
waiver to the standard.
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 proposed grading is subject
to Plan Check review by the City's Engineering Division 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
PC Resolution 20-06-09-02 7 June 9, 2020
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. The grading modifications do not impact views or trail easements because the
site is adjacent to San Juan Creek and the 1-5 Freeway, and is a substantially level
site with building which would be within the maximum height allowances and the
applicant proposes to incorporate and enhance the existing City trail into and
alongside the residential project.
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 proposed subdivision monument signs meet all design criteria within Municipal
Section 9-3.543, because the signs consist of materials and colors to match the earth
tone colors of the proposed buildings and the existing signage within subdivisions
throughout the City. Additionally, the signs 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 signs are designed with high quality materials,
designed for vehicular traffic and circulation orientation, and maintain the similar
design of the signage approved for similarly zoned properties within the City.
2. The proposed subdivision monument signs meet all size, height, illumination, and
location requirements for a subdivision sign within a residential zone because the 5'-
6" tall, 12 square foot area sign does not exceed the maximum 6' height or 24 square
foot maximum area. Additionally, the signs propose up-lighting which is one of the
permitted illumination types for signs in the City.
3. The proposed signs are 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 be compatible with surrounding areas because the signs are
proposed to be located within landscaped areas outside of the visibility triangle
necessary for safe vehicular travel, which ensures that the signs do not create a
hazard to adjacent properties, and is generally consistent with the Design Guidelines,
which require the signs to be complementary to the architecture and design of the
project site.
4. The signs are 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. Furthermore, the City's Design Review Committee has reviewed
the proposed monument signs has recommended approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control
PC Resolution 20-06-09-02 8 June 9 2020
(AC) 17-033, Sign Permit (SP) 20-012, and Grading Plan Modification (GPM) 17-013 for
the Project, subject to the Conditions of Approval established by Planning Commission
Resolution 20-06-09-01 for FP20-001 and TIM 17-002, 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, June 24,
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 June 24, 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.
PASSED, APPROVED AND ADOPTED this 9th day of June, 2020.
Sergio Klotz, AICP, Assistant Development
Services Director/Secretary