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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