22-0215_JHC AQUISITIONS, LLC_D1_Attachment_6City of San Juan Capistrano
Agenda Report
TO: Planning Commission
FROM: Development Services Department
Submitted by: Sergio Klotz, AICP, Assistant Director
Prepared by: Laura Stokes, Housing Supervisor / Associate Planner LS
DATE: January 26, 2022
SUBJECT: Consideration of Architectural Control (AC) 21-023, Tree Removal Permit
(TRP) 21-036, Grading Plan Modification (GPM) 21-024, Sign Program (SP)
22-002, Zone Variance (ZV) 21-011, and Floodplain Land Use Permit (FP)
21-003; Paseo Adelanto Mixed Use Project, a request for review of
development plans related to a proposed mixed-use project consisting of
50 apartments of affordable housing and a new 16,338 square foot City Hall
office building with 88 parking stalls located on a 2.22-acre parcel at 32400
Paseo Adelanto (APN: 668-101-23) (Applicant: Jamboree Housing Corp. &
City of San Juan Capistrano) (Project Manager: Laura Stokes, Housing
Supervisor / Associate Planner).
RECOMMENDATION:
Adopt resolution (Attachment 1) recommending that the City Council approve AC 21-023,
TRP 21-036, GPM 21-024, SP 22-002, ZV 21-011, and FP 21-003, as conditioned and
find the action exempt from the California Environmental Quality Act.
APPLICANT & PROPERTY OWNER:
Applicant: Property Owner:
Jamboree Housing Corporation City of San Juan Capistrano
Casey Harris, Senior Project Manager 32400 Paseo Adelanto
17701 Cowan Ave. Suite 200
Irvine, CA 92614
San Juan Capistrano, CA 92675
EXECUTIVE SUMMARY:
The Applicant, Jamboree Housing Corp. (Jamboree), is a full-service real estate
development company with more than 30 years of experience, specializing in the
construction, acquisition, and management of affordable housing for lower income
households. Jamboree has developed, managed, and maintained ownership of over
ATTACHMENT 6
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9,000 residential units for lower income families and seniors throughout California. The
Applicant has submitted development plans (Enclosure 1) seeking approval to demolish
the existing City Hall buildings and construct a new two-story City Hall and an adjoining
three-story 50-unit apartment building of affordable housing which will be owned and
maintained by the Applicant. The proposed project also includes on-site improvements to
the existing landscaping and parking lot area on the adjoining lots totaling 2.2-acres. Staff
has worked with the Applicant to develop the plans for the new City Hall building that is
proposed to include energy efficient design elements. The inclusion of such elements will
allow the City to pursue state funding sources.
The proposed project requires City approval of the following entitlements: Architectural
Control 21-023 for the site plan, the buildings’ architectural design, and site landscape
under Municipal Code Section 9-2.313(a)(1); Tree Removal Permit 21-036 for the removal
of 16 non-heritage trees and the replanting of 49 trees, under Municipal Code Section 9-
2.349(c); Grading Plan Modification 21-024 for the onsite grading required to
accommodate the project under Municipal Code Section 9-2.323(f); Sign Program 22-002
for the proposed signage under Municipal Code Sections 9-2.343 and 9-3.543(d); Zone
Variance 21-011 for a proposed encroachment into the 20’ rear yard setback for the City
Hall building, creating a 0’ setback with the proposed residential property, under Municipal
Code Section 9-2.351; and a Floodplain Land Use Permit 21-003 for proposed
development within a designated flood hazard area under Municipal Code Section 9-
2.321.
Staff has analyzed the Applicant's request and believes that all the findings of fact for the
various entitlements necessary for approval can be made, as conditioned. As a result,
staff is recommending that the Planning Commission recommend that the City Council
conditionally approve all the requested entitlements for the proposed project.1
BACKGROUND:
General Location: Southern terminus of Paseo Adelanto at 32400 Paseo
Adelanto.
Assessor’s Parcel Number: 668-101-23
Environmental Determination: Statutorily exempt from further review pursuant to
Government Code section 65583.2 – Affordable Housing
Project.
Related Cases: N/A
1 As a procedural matter, the Planning Commission would typically take final action on the Architectural
Control, Conditional Use Permit, Grading Plan Modification, Sign Program, and Tree Removal Permit
applications. However, since Municipal Code Section 9-2.318 (c)(4) requires the Planning Commission to
provide a recommendation for final action on the Floodplain Land Use Permit to the City Council, staff is
presenting all the requested entitlements together as a single package for Planning Commission review
and recommendation to the City Council, in accordance with Municipal Code Section 9-2.301(j)(1).
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General Plan Land Use &
Zoning Designation:
Use of Property:
Very High Density Residential
City Hall
Surrounding General Plan Land Uses Designations, Zoning Districts, and Use of
Properties:
Direction General Plan Land Use Zoning Use
North Quasi-Industrial Commercial
Manufacturing
Commercial
Office/Industrial
South Quasi-Industrial Commercial
Manufacturing
Ground Water Recovery
Plant & Public Work’s Yard
East General Commercial General Commercial Orange County
Transportation Authority
Railroad & Commercial
Center (Vons)
West General Open Space General Open Space Vacant (Trabuco Creek)
DISCUSSION/ANALYSIS:
The subject site, of approximately 2.2 acres, is developed with City Hall offices made up
of four buildings totaling approximately 15,000 sq. ft., a surface parking lot, and related
landscaping. The site is located at the southern terminus of Paseo Adelanto, between
Trabuco Creek and the railroad right-of-way. The proposal includes demolishing the
existing City Hall office buildings and constructing a new two-story 16,338 sq. ft. City Hall
and adjoining three-story 50-unit apartment building of affordable housing. The
development site is zoned Very High Density (VHD) residential, and was identified in the
City’s 2014 -2021 Housing Element as a site which would accommodate affordable
housing. The VHD zone permits a variety of uses including multifamily housing and public
buildings and facilities, such as a City Hall.
The Applicant’s conceptual site plan includes two adjacent buildings generally in the
current City Hall location, with parking which wraps around the buildings similar to the
current site configuration. The site is proposed to be divided into a 1.2-acre site which will
be developed with the residential building and a 1.02-acre site which will be developed
with the new City Hall. The 1.2-acre site is proposed to be sold to Jamboree Housing.
The City is in the process of negotiating a Disposition and Development Agreement
between the City and Jamboree Housing which will be considered by the City Council. As
discussed in more detail below, the property lines of the site can be adjusted
administratively by the City, who owns the entirety of the site, to create two separate lots
dividing the City Hall and residential buildings.
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The proposed site plan also details a courtyard dedicated for City Hall activities and a
separate courtyard dedicated for residential activities, which includes a 560 sq. ft.
detached lattice patio cover. The proposed reconfigured parking lot area provides 88
parking stalls, 56 of which will be dedicated for City Hall Use, 28 which will be dedicated
for residential use, and four which will be shared. The proposed buildings have been
designed with Spanish Colonial architecture which is consistent with the traditional
architecture of San Juan Capistrano. The site improvements are intended to provide a
desirable environment for residents, visitors to the San Juan Capistrano City Hall, and be
compatible with the surrounding properties.
Affordable Housing Requirements & Concessions
The project site is identified as an affordable housing opportunity site in the City’s current
Housing Element that could accommodate up to 60 residential units for lower income
households. The project proposes to provide 50 2 affordable units as Permanent
Supportive Housing Units (PSH), which would be made available to very-low income
households (earning below 50% of the county’s median income, or less than $67,250).
The PSH units would be occupied by individuals identified by the County of Orange and
Jamboree as previously being homeless or at risk of becoming homeless, and who have
a high likelihood of success in long term housing. The PSH tenants would also receive
24/7 support services through Jamboree management and County social services staff
with offices onsite. Additionally, Jamboree has committed nine units to be made available
to veterans and the tenant selection for the development will include a “local preference”
so that San Juan Capistrano residents or those who work in San Juan Capistrano have
a higher priority for vacancies. The Disposition and Development Agreement and
conditions of approval will require that an Affordability Covenant be recorded against the
property to restrict 49 of the 50-units to very low-income households (one unit is
designated for an onsite manager). The requirement for 49 affordable units meets the
Land Use Code’s 10% inclusionary housing requirement.
The City’s Land Use Code and state law allow an applicant to request a density bonus
and specific concessions or waivers from required development standards when
providing affordable housing units under Section 9-3.505. A density bonus means a
density increase over the otherwise maximum allowable residential density. A concession
or incentive means a reduction in site development standards or a modification of zoning
code requirements or architectural design requirements that exceed the minimum building
standards, including, but not limited to, a reduction in setback and square footage
requirements and in the ratio of vehicular parking spaces that would otherwise be required
that results in identifiable, financially sufficient, and actual cost reductions, and also
means approval of mixed use zoning in conjunction with the housing project if the other
land uses will reduce the cost of the housing development and if the other uses are
compatible with the housing project and the existing or planned development in the area
2 The City has identified other locations within the City in its proposed 2021-2029 Housing Element to
accommodate the affordable units not being provided at the project site.
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where the proposed housing project will be located. The City cannot apply a development
standard that would have the effect of physically precluding the construction of a
development at the densities or with the concessions or incentives permitted. The City is
would waive such requirements.
The density bonus allows up to 50% bonus for a residential development which includes
up to 15% of the housing units for very-low income households, 24% for low income
households, or 44% for moderate income households. The number of concessions
allowed depends on the percentage and level of affordable housing provided. A City must
grant a requested concession unless the concession does not result in a cost reduction,
would have an adverse impact on public health and safety, or is contrary to state or federal
law. If these findings do not apply, a development shall receive the following number of
concessions based on the low-income unit percentages noted below:
Percentage of Very-
Low Income Units
Percentage of
Low Income Units
Percentage of
Moderate Income Units
Total Number of
Eligible
Concessions
5% 10% 10% 1
10% 20% 20% 2
15% 30% 30% 3
In addition to concessions, state law also provides a reduced parking requirement for
residential projects which include affordable housing. State law requires no more than .5
spaces per unit for properties which provide at least 11% of housing units for very-low
income or 15% of housing units to low-income households if the property is within .5 miles
of an accessible major transit stop, such as the train station.
Furthermore, a requested waiver to a development standard must be granted if the
development standard which is the subject of a waiver request would have the effect of
physically precluding the construction of the development of affordable units at the
densities allowed.
The proposed project will dedicate 98% of the units to households earning a Very-Low
income which qualifies the project for a density bonus of up to 50% or 45 dwelling units
per acre and three concessions. The project site is .49 miles from the train depot property
and platform, and includes at least 11% of the housing for very-low income households
qualifying the residential project for a reduced parking requirement. Additionally, the
applicant has demonstrated through a site analysis that adherence to all the Very High-
Density (VHD) residential district development standards would result in a loss of 18 units,
which qualifies the project for code waivers. The density bonus, concession, waiver, and
parking allowance permitted through density bonus law requested for the proposed
project are identified in the below table.
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VHD Standards Units Lost Proposed Project
Standards
Request Type
30 du/ac N/A 41.6 du/ac Density Bonus
Maximum 80% 2nd/1st
Floor Ratio
N/A Maximum 90% 2nd / 1st
Floor Ratio
Concession
20’ Side Yard Setback N/A 0’-0” Setback Between
New City Hall Property
Concession
2.5 Parking Stalls/Unit N/A 0.5 Parking Stalls / Unit Density Bonus
Parking
35’ Height 18 42’ Waiver
Maximum of 2 Stories 18 3 stories with 3rd/2nd
Floor Ratio of 98.3%
Waiver
In accordance with the City’s Land Use Code Section 9-3.505, a waiver request must be
granted if the development standards which are requested to be waived would physically
prevent the development from including affordable housing units. Based on an
assessment of the site, adherence to all the applicable development standards would
result in a significant reduction of floor area through the loss of 18 units, making it
infeasible to provide the proposed 49 restricted affordable units. As a result, staff
recommends that the Planning Commission grant the requested density bonus,
concessions and waivers, and parking allowance because the request ensures the
provision of 49 affordable units and the request would not have an adverse impact on
public health and safety and would not be contrary to state or federal law.
Building and Site Design:
Applicant-Proposed Building Façade: The proposed project’s architecture style is
Spanish Colonial which complies and complements the traditional, eclectic and historic
architectural character of the City of San Juan Capistrano. The City contains a mix of
styles including Mediterranean, Spanish Colonial, Monterey, Mission Revival, Rural
Agrarian, Modern, Western and Early California. The proposed style complies with the
Architectural style standards for multi-family buildings within the Very High-Density
residential zoning district. The design includes a Spanish Colonial color palette, a mission
tile roof, horizontal massing, columns, archways, and stucco walls. The use of light sand
finish stucco walls, light earth tone and white colors, deep inset windows and balconies
and a red tile roof makes-up the signature palette. The window locations, window sizes,
shutter details, and the location of the tower elements complement the building
architectural style and provide relief to otherwise long and expansive building walls. The
project includes varied roof planes which provide balanced massing while remaining
compatible with the overall Spanish Colonial architecture. The windows, balconies, and
architectural details provide relief to the massing of the building which has been designed
with a 90% second floor to first floor ratio, and a 98.3% third floor to second floor ratio;
and which exceeds the City’s maximum of 80%. The floor ratios of the building may be
considered as a concession to the City’s development standards for an affordable
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housing development which provides more than 30% of the units as affordable to lower
income households.
The site improvements will provide a desirable environment for City Hall guests and
residents. Such improvements include but are not limited to sufficient parking to serve the
two land uses, new landscaping, and open landscaped courtyards. The outdoor
courtyards will include low water-use landscaping, enhanced paving, high quality
materials, a landscape planter and seating area within the City Hall’s courtyard, and a
560 SF lattice patio cover within the residential courtyard.
The two-story City Hall building has a maximum height of 33’-6” which complies with the
maximum allowed height of 35’-0”. The three-story residential building is proposed to
have a maximum height of 43’-0”, which includes parapets to obscure future roof mounted
equipment, architectural roof gables to articulate the roof line, and an elevator shaft. The
northwest corner of the City Hall building will be visible most prominently from the Paseo
Adelanto right-of-way. However, due to the orientation of the building in relation to Paseo
Adelanto the three-story residential development and the City’s courtyard and main
entrance will also be visible.
The property lines of the site will be adjusted administratively by the City, who owns the
entirety of the site, to create two separate lots dividing the City Hall and residential
buildings. The setbacks between each proposed building and the proposed interior
property line would be 0’-0”. While the reduced setback for the residential development
is permitted as an affordable housing concession, the reduced setback for the City Hall
building requires a Zone Variance. The proposed setbacks ensure separation from
adjacent properties and allow the taller residential development to be stepped back from
the front of the site while creating the appearance of a single structure. As a result, the
two-story City Hall building would screen the three-story residential building. The use of
courtyards helps to break out the building massing and ensure the lot coverage ratio for
the site remains consistent with the required development standards.
Trash Enclosure: The residential building’s proposed trash enclosure would be located
within the building and accessed at the northeast corner of the parking area. The trash
enclosure’s doors would be painted brown to match the building facia, balcony, and
accent color. It was determined that a new trash enclosure is not necessary as the City
currently uses a trash enclosure within the Public Work’s Yard, which will not be modified.
Lighting: The Applicant has requested the lighting plan be a deferred submittal. A
condition of approval requires that the lighting plan be reviewed and approved by staff to
ensure compliance with the exterior lighting standards of Municipal Code Section 9-3.529.
The Applicant notes that building mounted light fixtures have been included on the
elevation plans for reference of the style and location of the proposed fixtures.
Landscaping: The landscape plan would incorporate “California Friendly” and “California
Native” plant species, with a majority being low-water use plants. Sixteen trees are
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proposed to be removed, including six trees located between the site’s current parking lot
and the public trail that runs adjacent to the creek, six Sycamore trees located
immediately adjacent to the existing City Hall Building and four Sycamore trees located
within the front parking lot. These removed trees are proposed to be replaced with 49
new trees throughout the site, including 36” box trees along the boundary with the creek
trail.
Grading: The proposed grading includes 628 cubic yards of total base cut and 1,761 cubic
yards of total compacted fill to accommodate redevelopment of the site. The project has
been designed to maintain natural landform grading where possible but will include raising
the grades so that the buildings are elevated above the flood plain. The grading plan has
been designed to maintain the existing grades along the adjacent property boundaries
and to maintain the natural contours of the property to minimize the height of retaining
walls. All grading activities would conform to requirements of the appropriate soils and
geology reports and be performed under the supervision of a qualified soils engineer.
Signage: The Applicant has identified halo-illuminated building mounted signs for both
the residential and City Hall buildings. Both buildings are proposed to have up to 24
square feet of building mounted signs located at the primary entrances to each building.
The residential signage would be centered above the leasing office entrance, and City
Hall signage centered over the west arched entrance to the One Stop Shop (facing the
parking lot) and over the north arched entrance to the One Stop Shop (facing the
courtyard). The City’s sign code does not permit any building mounted signage within the
Very High Density residential zone district. As such, the Applicant is pursuing an
exception to the sign code, Municipal Code Section 9-3.543.
Parking: The city’s Land Use Code establishes parking standards specifically for office
use and state density bonus law establishes parking standards specific to affordable
housing within 0.5-miles from an accessible major transit stop. Section 9-3.535 Table 3-
35 requires that offices provide 3.5 spaces per 1,000 square feet of gross floor area which
for the 16,388 square foot building would equate to 47 required spaces. The state requires
no more than .5 spaces per unit for properties which provide at least 11% of housing for
very-low income or 15% of housing to low-income households if the units are within .5
miles of an accessible major transit stop, such as the train station. Therefore, the 50-unit
apartment complex with 49 units, which will be restricted to very-low income households,
qualifies for a requirement for 25 parking stalls. The Applicant's site plan identifies 88
parking spaces—56 of which will be for City Hall use, 28 of which will be for residential
use, and four of which will be additional spaces to be shared by both uses.
Access/Circulation: The project site is accessed by an existing 25’ wide driveway located
at the terminus of Paseo Adelanto. The project includes a similar access and parking
configuration as what is currently on-site. The 20’ setback along the north property line is
to be enhanced with bicycle racks and a bike path to encourage cyclists to avoid biking
through the parking lot to access the City trail systems. The design provides a circulation
pattern which reduces vehicle-pedestrian conflict points and provides defined and
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functional pedestrian circulation to building entrances, the separate courtyards, and the
surrounding open space amenities, such as the creek trail and county park.
Planning Commission Review/Recommendation to the City Council
Procedure:
Section 9-2.301(g) of the City’s Land Use Code provides that applications may be filed
and processed concurrently where more than one land use decision is required for a
single project. Section 9-2.313(b)(3) of the City’s Land Use Code further provides for
concurrent processing of Architectural Control review where a project requires separate
discretionary entitlement approvals. Section 9-2.349(c)(1) likewise provides for
concurrent processing when tree removal is involved.
The proposed project requires City Council approval of a Floodplain Land Use Permit.
Since the Planning Commission’s action on the remaining applications would be
contingent on City Council approval of the above listed application, pursuant to the code
sections cited above, staff is presenting the Architectural Control, Tree Removal Permit,
Grading Plan Modification, Sign Program, and Zone Variance applications as a single
package for Planning Commission review and recommendation to the City Council in
accordance with Municipal Code Section 9-2.301(j)(1) which authorizes referral of a
request for a land use decision to the reviewing authority designated as the appeal body
for that type of land use application. Provided below is staff’s analysis of the proposed
project’s compliance with the required findings for all the applications.
Density Bonus:
A Density Bous has been requested for the development including a density of 41.6
dwelling units per acre, concessions to the setback and second floor to first floor area
ratio development standards, a parking concession to provide 0.64 parking stalls per unit,
and a waiver to the height and third story development standards. Density bonus requests
are governed by Section 9-3.505 of the City’s Land Use Code, and request may be
granted when it can be shown that the following findings set forth in Section 9-3.505(e)
can be established:
1. General Plan consistency. A finding that the project application is consistent with
the General Plan Land Use Element is the intensity of the development is in
compliance with the design standards as outlined in Table 3-17. Findings of
inconsistency with other elements shall be restricted to specific areas of
demonstrated public health and safety hazards to future residents of the proposed
development.
2. Municipal Code consistency. A finding that the project application is consistent with
design criteria herein as well as meeting all other provisions of this Title 9.
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3. Potential adverse impacts on adjacent properties. A finding that the project does
not have an adverse impact upon the surrounding properties that cannot be
reduced or minimized by a design change or condition regulating the project’s
operation.
4. CC&R. A finding that the CC&R have included the provisions and terms of
affordability as drafted in the affordability agreement for the project
If these findings can be made, then it is appropriate to grant approval of the density bonus.
Conversely, the inability to make any one of the findings would result in a denial. Using
this information, staff has prepared the following analysis, which, in turn forms the basis
for staff’s recommendation that the Planning Commission make a positive
recommendation to the City Council on the requested density bonus. In analyzing the
request, staff determined the following findings of fact warrant approval, subject to the
recommended conditions of approval:
1. 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 50-unit residential
apartment development uses an infill lot with structures which are compatible with
the neighboring developments and uses which include neighboring residential
developments within the San Juan Mobile Estates at a density of 8.32 dwelling
units per acre located to the east of the property, and the Calle Rolando Condos
at a density of 13.5 dwelling units per acre located to the west 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 50-unit
residential apartment and City Hall office building is surrounded by commercial to
the east, office industrial to the north, public facilities to the south, and a creek and
residential beyond to the west, which uses are compatible with the proposed
mixed-use development. Furthermore, the Mission and Spanish influenced
architecture on the surrounding buildings is compatible with the Spanish colonial
architecture proposed.
In addition, the proposed multifamily and City Hall buildings are consistent with the
Goals and Policies of the Community Design Element. The project is consistent
with Policy 1.2 because the buildings have been designed with high-quality
materials and at a human scale, with separate resident and City Hall oriented
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outdoor space and entryways. It is consistent with Policy 2.1 because the proposed
building incorporates Spanish colonial architecture and California native landscape
features, which complement the City’s traditional historic character.
Finally, the project is consistent with the Housing Element, which specifies that the
site could accommodate 60 residential units for lower income households,
because the project will provide 49 residential units for very-low income
households, one onsite management unit, and additional sites in the City have
been identifies within the 2021-2029 Housing Element to accommodate the 11
affordable units not being provided at the project site. Specifically, the City has
identified the Oso Planned Community, for which a developer has identified 200
units for lower income housing. This aligns with Policy 1.3 by encouraging private
sector developers to produce affordable housing. 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 49-units for very-low income households and
the City would be approving a density bonus, concessions, and waivers to
development standards as an incentive to development of affordable housing.
2. Multi-family residences and public buildings and facilities, such as City Hall offices,
are permitted within the VHD zoning district. The proposed project would establish
a 50-unit residential apartment building and a 16,388 sq. ft. City Hall office 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, Zone Variance
allowances, and affordable housing requirements which allow for concessions and
waivers to standards such as setbacks, floor to floor ratio, heights, and parking
requirements. Furthermore, the project requires approval of a Tree Removal
Permit, Grading Plan Modification, Sign Program, Zone Variance, and Floodplain
Land Use Permit concurrently with the Architectural Control application, and the
applicant has concurrently applied for these entitlements. These entitlements are
subject to separate findings which are discussed separately under each
application. The findings for the other entitlements can be met and substantial
evidence supports those findings.
3. The proposed use and design of the project does not have an adverse impact with
surrounding existing and proposed land uses because the use is consistent with
the zoning code use allowances and density bonus request does not result in a
development with more than the sixty residential units originally identified for the
site when rezoned. Additionally, the proposed design of the 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 and the setback and
lot coverage development standards are meeting the requirements of the VHD
zoning which ensures minimal impact to the surrounding properties. Finally, the
architectural design, landscape, and proposed parking lot features were reviewed
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by the Design Review Committee, which recommended approval of the designs.
4. The proposed development will be owned and maintained by the applicant, who
has more than thirty years of experience developing and operating affordable
housing developments. A Disposition and Development Agreement is being
negotiated by the Applicant and the City of San Juan Capistrano which will
included the provisions and terms of affordability for the development as well as
forthcoming Affordability Agreements. The Disposition and Development
Agreement and Affordability Agreement are conditions of approval for the
development project. These documents are adequate documents in replacement
of Covenants, Conditions, and Restrictions as these will be recorded on the land
throughout the terms of the agreements.
Architectural Control:
Architectural Control 21-023 is required for review of the site plan, architectural design,
and landscape. Architectural Control (AC) applications are governed by Section 9-2.313
of the City’s Land Use Code, and requests may be granted when it can be shown that the
following findings set forth in Section 9-2.313 (c) can be established:
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.
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.
If these findings can be made, then it is appropriate to grant approval of the AC
application. Conversely, the inability to make any one of the findings would result in a
denial. Using this information, staff has prepared the following analysis, which, in turn
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forms the basis for staff’s recommendation that the Planning Commission make a positive
recommendation to the City Council on the requested AC application. In analyzing the
request, staff determined the following findings of fact warrant approval, subject to the
recommended conditions of approval:
1. Multi-family residences and public buildings and facilities, such as City Hall offices,
are permitted within the VHD zoning district. The proposed project would establish
a 50-unit residential apartment building and a 16,388 sq. ft. City Hall office 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, Zone Variance
allowances, and affordable housing requirements which allow for concessions and
waivers to standards such as setbacks, floor to floor ratio, heights, and parking
requirements. Furthermore, the project requires approval of a Tree Removal
Permit, Grading Plan Modification, Sign Program, Zone Variance, and Floodplain
Land Use Permit concurrently with the Architectural Control application, and the
applicant has concurrently applied for these entitlements. These entitlements are
subject to separate findings which are discussed separately under each
application. The findings for the other entitlements 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 50-unit residential
apartment development uses an infill lot with structures which are compatible with
the neighboring developments and uses which include neighboring residential
developments within the San Juan Mobile Estates at a density of 8.32 dwelling
units per acre located to the east of the property, and the Calle Rolando Condos
at a density of 13.5 dwelling units per acre located to the west 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 50-unit
residential apartment and City Hall office building is surrounded by commercial to
the east, office industrial to the north, public facilities to the south, and a creek and
residential beyond to the west, which uses are compatible with the proposed
mixed-use development. Furthermore, the Mission and Spanish influenced
architecture on the surrounding buildings is compatible with the Spanish colonial
architecture proposed.
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In addition, the proposed multifamily and City Hall buildings are consistent with the
Goals and Policies of the Community Design Element. The project is consistent
with Policy 1.2 because the buildings have been designed with high-quality
materials and at a human scale, with separate resident and City Hall oriented
outdoor space and entryways. It is consistent with Policy 2.1 because the proposed
building incorporates Spanish colonial architecture and California native landscape
features, which complement the City’s traditional historic character.
Finally, the project is consistent with the Housing Element, which specifies that the
site could accommodate 60 residential units for lower income households,
because the project will provide 49 residential units for very-low income
households, one onsite management unit, and additional sites in the City have
been identifies within the 2021-2029 Housing Element to accommodate the 11
affordable units not being provided at the project site. Specifically, the City has
identified the Oso Planned Community, for which a developer has identified 200
units for lower income housing. This aligns with Policy 1.3 by encouraging private
sector developers to produce affordable housing. 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 49-units for very-low income households and
the City would be approving a density bonus, concessions, and waivers to
development standards as an incentive to development of affordable housing.
3. The project meets the lot coverage ratios and the front, rear, and side yard
setbacks except for the side setbacks from the property lines between the
proposed new structures. A waiver request is concurrently being sought pursuant
to Section 9-3.505 for the affordable housing building and a Zone Variance is
concurrently being sought for the City Hall building. The applicant has proposed to
provide all necessary residential and City Hall parking. The proposed residential
development is entitled to density bonus, parking reduction, concessions from the
floor-to-floor ratio and setbacks, and waivers from the maximum height and
number of stories. The development incorporates appropriate vehicular access,
including 25’-wide drive aisles from Paseo Adelanto.
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 Paseo Adelanto
and similar residential and office 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 signage and has
recommended approval.
5. The project’s site plan provides functional and safe vehicular and pedestrian
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January 26, 2022
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access and circulation because the project is accessible from the public right-of-
way into the site and provides safe vehicular access, including 25’ wide drive aisles
from Paseo Adelanto, as well as sufficient parking. These proposed means of
access have been reviewed by the City Engineer who has determined that the new
use, driveways, and parking lot modifications would not have a negative impact to
vehicular traffic on Paseo Adelanto.
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.
Tree Removal Permit:
Tree Removal Permit 21-036 is required for the removal of 16 non-heritage trees.
Municipal Code Section 9-2.349(e) establishes four factors to be considered in evaluating
whether or not a Tree Removal Permit (TRP) may be approved. The Municipal Code
states “that the reviewing authority may approve the removal of trees as part of a
discretionary review or tree removal permit application, based on an affirmative finding
that one or more of the following criteria are met as substantiated by evidence in the
record.”
1. The tree proposed for removal is unsuitable to the planting area in that the area is
too small to accommodate height, diameter of trunk or canopy, or root zone of the
tree, or excessive trees exist on the site requiring thinning to maintain tree health;
2. The tree is an unsuitable variety for the site in that the species is not a native
variety, is not in keeping with the community character of San Juan Capistrano, is
of an invasive species, or otherwise conflicts with the intent of this ordinance;
3. Removal of the tree will not have an adverse impact on adjacent properties or the
general welfare in that its removal will not adversely impact views, public
streetscapes, or other aesthetic considerations;
4. Where appropriate, replacement trees have been proposed to maintain the urban
forest canopy and the replacement trees are more appropriate to the site and the
planting area.
If one of these findings can be made, then it is appropriate to grant the TRP. Conversely,
the inability to make at least one of these findings would result in a denial. Using this
information staff has prepared the following analysis, which, in turn forms the basis for
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January 26, 2022
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staff’s recommendation that the Planning Commission make a positive recommendation
to the City Council on the requested TRP. In analyzing the TRP request, staff believes
that the following findings of fact for the third and fourth finding above warrant approval
of the TRP:
3. The removal of the trees will not have an adverse impact on the adjacent properties
or the general welfare since the trees proposed for removal will be replaced by
three times as many trees. Further, any large trees proposed for removal will be
replaced by 36” and 48” box trees that are more mature trees. Such replacements
will not adversely impacting views, public streetscapes, and aesthetics of the site.
4. Although the development proposal and grading of the site for new buildings
outside of the flood zone requires the removal of 16 trees on the site, the applicant
has proposed to install 49 new trees throughout the site as replacements. The ten
sycamores which will be removed from the front of City Hall and the front parking
lot of City Hall will be replaced with two sycamore, four olive, and two bay laurel
trees. The six trees of various species which will be removed at the western
boundary of the site will be replaced with two bay laurel and eight willows. The
replacement trees will maintain and exceed the former urban forest canopy.
Grading Plan Modification:
The proposed project requires approval of a Grading Plan Modification (GPM) for onsite
grading to create building pads and related improvements. Section 9.2.323 of the Land
Use Code requires that grading modifications to previously graded sites be subject to the
review and approval of the Planning Director for minor changes, and subject to review by
the Planning Commission for major changes.3 The Planning Director has determined that
the proposed grading is major grading which requires Planning Commission review. The
reviewing authority shall determine that such grading modifications comply with the
following design standards:
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 As noted earlier, the Planning Commission is making recommendations on all the applications to the City
Council.
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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
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.
If all these findings can be made, then it is appropriate to grant the GPM application.
Conversely, the inability to make any one of the findings would result in a denial. Using
this information staff has prepared the following analysis, which, in turn forms the basis
for staff’s recommendation that the Planning Commission make a positive
recommendation to the City Council on the requested GPM application. In analyzing the
GPM request, staff believes that the following findings of fact warrant approval, subject to
the recommended conditions of approval:
1. The proposed grading modifications are consistent with the General Plan, Land
Use Code, and Design Guidelines because the proposed grading, which involves
628 cubic yards of total base cut and 1,761 cubic yards of total compacted for a
total import 1,133 cubic yards of soil, is allowed and no protected ridgelines exist
on the project site. The proposed grading would reshape the existing, previously
developed building pad to be out of the flood zones and to accommodate
redevelopment of the site. The grading would conform to the requirements of
appropriate soils and geology reports, and would be performed under the
supervision of a qualified soils engineer. Landscaping has been incorporated into
the landscape plans to minimize erosion and benefit aesthetics. There is no
applicable specific plan or comprehensive development plan for this property.
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 because
the site is an already developed lot with an existing City Hall with four buildings
totaling approximately 15,000 sq. ft. and would be graded, to the extent possible,
to accommodate edge conditions with existing uses, thereby minimizing impact to
adjacent properties.
3. The proposed grading would remain consistent and compatible with immediately-
adjacent lots or units, including, to the extent possible, blending of slopes with
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January 26, 2022
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adjacent property boundaries, rounding of slopes at both top and bottom to blend
the grading into the existing terrain, and incorporating a design which harmonizes
the design with the natural contours of the property and surrounding lots. The
proposed grading which would take place adjacent to property lines and would tie
into the adjacent properties to blend the slopes with adjacent properties, to the
extent possible.
4. The proposed modified grading plan shows the location of proposed building
footprints which would meet all required minimum setbacks for buildings as defined
in the VHD Zoning District and the general design standards, and as allowed
through the requested affordable housing density bonuses, concessions, and
waivers, and Zone Variance, including minimum setbacks from the tops and toes
of slopes, contained within Section 9-4.513, Graded Slopes.
5. The proposed modified grading would 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 does not result in any negative impacts to hydrology and
water quality as required by local and state laws. Prior to issuance of a grading or
building permit, the applicant must demonstrate to the satisfaction of the Public
Works Director that the proposed grading would not result in any negative impacts
to hydrology and water quality as required by local and state laws. The grading
modifications would not impact views or trail easements because the grading
would be screened with the use of landscaping, as conditioned, and the grading
does not encroach or alter any trail system.
Sign Program:
Sign Program 22-002 is required for the for review and establishment of the proposed
sign program. The VHD zoning does not permit building mounted signage, so the
applicant has requested an exception to the Sign Code. Sign Exception Request Section
9-3.543(k) of the Municipal Code, allows the Planning Commission to approve an
exception to the sign standards so long as the following findings can be made:
1. The sign complies with all other applicable criteria of this section;
2. The scale of the sign will be in harmony with the architectural design for the building
which it will serve; and
3. The sign will not create a hazard to other adjacent properties or tenants. If these
findings can be made, then it is appropriate to grant the exception request.
Conversely, the inability to make even one of these findings would result in a denial. Using
this information, staff has prepared the following analysis, which, in turn forms the basis
for staff’s recommendation that the Planning Commission make a positive
recommendation to the City Council on the request for exception. In analyzing the sign
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January 26, 2022
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exception request staff believes the following findings of fact warrant approval of the
exception to allow for the building-mounted signage in the VHD zone.
1. The building-mounted signage complies with all other applicable material in the
sign code section, specifically the maximum size of most building mounted signs,
particularly for zones which permit office and mixed uses, the height and minimum
clearance from adjacent grade is provided, with an overall design that is consistent
with the architecture of the proposed building.
2. The scale of the proposed building-mounted signage would be in harmony with the
architectural design of the building because the signage is proposed to be centered
on building elevations and architectural features, similar to previously approved
Sign Programs with building-mounted signage.
3. The building-mounted signage would not impede vision of vehicular, bicycle, or
pedestrian traffic as it would be flush with the building with clearance to provide
halo illumination and ensure no direct light can be seen from the edges of the
signage. Furthermore, the illumination of the signage complies with all other
portions of the Sign Code Section 9-3.543 with exception to the zone where
building mounted signs are permitted. As a result, the sign would not create a
hazard to other adjacent properties or tenants.
Sign Program (SP) applications are governed by Section 9-2.343(c)(3) of the City’s
Municipal Code, and requests may be granted when it can be shown that the following
findings can be established:
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;
3. The sign program is generally compatible with the design character of adjacent
properties and/or rights-of-way.
If these findings can be made, then it is appropriate to grant the SP application and the
exceptions to the Sign Code. Conversely, the inability to make even one of these findings
would result in a denial. Using this information, staff has prepared the following analysis,
which, in turn forms the basis for staff’s recommendation that the Planning Commission
make a positive recommendation to the City Council on the requested SP application. In
analyzing the SP request, staff believes the following findings of fact warrant approval:
1. The sign program consisting of one 24 square foot metal channel letter sign, with
halo illumination, per each elevation with a public entrance to the buildings is
consistent with the General Plan and Design Guidelines, and is complementary to
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January 26, 2022
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the architecture and design of the development Project because the sign program
is consistent with the following General Plan Community Design Element policy
and Design Guidelines:
• General Plan Community Design Element Policy 1.2 Encourage high-
quality and human scale design in development to maintain the character
of the City. The signs are to be constructed from durable industry standard
materials, and the size of the signs comply with the Municipal Code, which
limits the size (height and width) for zones with office or mixed uses to
ensure a human scale.
• Policy 8,C.1.Colors. The proposed signage avoids the use of multiple
colors.
• Policy 8.C.4 Sign Illumination. The building mounted wall signs would
consist of individual channel letter signage that is halo lit illumination in a
manner consistent with the City’s Code and Design Guidelines.
• Policy 8.C.5 Placement. The signs are placed centered on elevations and
architectural features in a manner that complement the architecture.
• Policy 8.C Wall and Building Signs. The wall signs would not project by
more than 12 inches from the walls upon which they are attached.
2. The sign program conforms to all applicable requirements of this Code with the
granting of the requested exception to allow the building mounted signs in the VHZ
zone. The VHZ zone is most analogous to the Office Commercial and mixed use
zones. The proposed signs do not exceed the total signage allowed by the
Municipal Code in Office Commercial and because the sign design is
architecturally compatible with the proposed buildings. The sign program consists
of a visually pleasing method of providing compatible signs on both buildings to
minimize visual clutter and to unify the appearance of the site to create a distinctive
sense of place. There is no applicable specific plan or comprehensive
development plan for this property.
3. The sign program is generally compatible with the design character of adjacent
properties and/or rights-of-way because the signs in the sign program would not
impact the right of way, due to their placement, and would not create light or glare
impacts to the adjacent properties as the internally illuminated halo signage would
comply with the city’s illumination standards.
Zone Variance:
The proposed project requires a Zone Variance to encroach into the required 20 side yard
setback. Zone Variances are governed by Municipal Code Section 9-2.351. Zone
Variances may be granted when it can be shown that the following can be established:
1. There are special circumstances applicable to the property, including size, shape,
topography, location, or surroundings, such that the strict application of this Code
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January 26, 2022
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would deprive such property of privileges enjoyed by other properties in the vicinity
and under identical zoning classification.
2. Granting of the variance or minor exception will not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the vicinity and
zone district in which such property is situated.
3. Granting of the variance or minor exception will not result in development which is
otherwise inconsistent with the provisions of the Land Use Code or the General
Plan.
4. Granting the variance or minor exception 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.
If these findings can be made, then it is appropriate to grant the Zone Variance.
Conversely, the inability to make even one of these findings would result in a denial. Using
this information staff has prepared the following analysis, which, in turn forms the basis
for staff’s recommendation that the Planning Commission make a positive
recommendation to the City Council on the requested Zone Variance. In analyzing the
Zone Variance request, staff believes that the following findings of fact warrant approval
of the Zone Variance.
1. There are special circumstances that are applicable to the property in that the
proposed property lines which will divide the residential development from the City
Hall development will transition the property from narrower at the north property
line to wider as it transitions south. This transition is needed due to the existing
City facilities which need to remain accessible and within the ownership of the City.
The narrowing of the property line results in the need for the City Hall building to
encroach into the side yard setback, creating a 0’-0” side yard along the shared
property line with the proposed residential building. The residential development
will also have a 0’-0” setback; however, this is permitted under an affordable
housing concession and does not require a Zone Variance. Furthermore, the City
Hall building which is proposed to be demolished as a part of this project, is
currently developed with a 0’-0” setback from the front yard along the northern
property line. The proposed development adheres to the setback from the north
property line but would encroach into the side yard setback proposed to be shared
with the new residential building. The strict application of the VHD development
standards found in Section 9-3.301(c)(1) would deprive the applicant of privileges
enjoyed by other properties within the surrounding development by not allowing
the City Hall to maintain a 0’-0” setback, relocated from the north property line to
a property line which will be shared between the new developments.
2. Granting the Zone Variance would not constitute a grant of special privileges;
rather, it would allow the property to enjoy comparable development to that
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January 26, 2022
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previously permitted for site and zoning district since the current City Hall has a 0’-
0” setback to the north property line. The proposed development will adhere to the
setback from the north property line but would instead encroach into the side yard
setback proposed to be shared with the new residential building.
3. Granting the Zone Variance would not result in development which is otherwise
inconsistent with the provisions of the Land Use Code or the General Plan because
the project would not result in any new non-conformities with the applicable
development standards for the VHD District that govern the property or be
inconsistent with any applicable provisions of the General Plan. The allowable land
use is VHD residential which allows multifamily and public buildings on the lot and
the Zone Variance would not change the existing land use of the site.
4. Granting the Zone Variance would not result in a development which is
inconsistent with the goals, policies, and objectives of the General Plan. This
project corresponds to the General Plan Land Use Goal 2: Control and direct future
growth within the city to preserve the rural village-like character of the community.
The General Plan designates the property as VHD residential, and the proposed
project would be compatible with the surrounding area patterns of development
and would retain the surrounding character, style, and massing. Therefore, the
extent of the variance would not be detrimental to the public health, safety or
welfare or be injurious to other properties in the area.
Floodplain Land Use Permit (FP):
The project site is located within a flood hazard area. In order to raise the existing grades
above the 100-year floodplain elevation, the project proposes to elevate the site so that
the buildings’ finished floor elevations are at least one foot above the Base Flood
Elevation. To raise the existing grades to this elevation, the project proposes to fill the site
with approximately 1,761 cubic yards of cut and import material. The proposed Project
includes a Water Quality Management Plan (WQMP) specifying that proposed buildings
would be elevated above flood depths anticipated for site development.
Section 9-2.321 of the Land Use Code applies to all lands situated within special flood
hazard areas as delineated by the Federal Emergency Management Agency’s Flood
Insurance Rate Maps (FIRM) for the City of San Juan Capistrano. In order to approve a
Flood Plain Land Use Permit, the following findings must be made:
1. The application complies with all of the location and land use standards for uses or
structures as set forth in Section 9-3.405 of this Code.
2. Approval of the application will not result in a discernible net increase in water surface
elevation, will not create or exacerbate erosive velocities within special flood hazard
areas, and will not contribute to flooding of other properties not previously inundated
by the 100-year storm event.
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3. Development and use of the property as proposed are consistent with General Plan
policies regarding flood control, public safety, aesthetics, and resource protection.
4. The proposed use and development of the property are consistent with all other
applicable requirements of the Municipal Code and of the Federal Emergency
Management Agency, California Fish and Game Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in effect
at the time the application was deemed complete.
If these findings can be made, then it is appropriate to approve the Flood Plain Land Use
Permit request. Conversely, the inability to make even one of these findings would result
in a denial. Using this information staff has prepared the following analysis, which, in turn
forms the basis for staff’s recommendation that the Planning Commission make a positive
recommendation to the City Council on the requested Floodplain Land Use Permit. In
analyzing the proposed Flood Plain Land Use Permit, staff believes the following findings
of fact warrant approval of the proposed Permit:
1. The application complies with all the location and land use standards for uses or
structures as set forth in Section 9-3.405 of the Land Use Code because the site will
be graded to elevate the proposed buildings above the 100-year floodplain elevation,
and the applicant has submitted a Conditional Letter of Map Revision (CLOMR) and
Letter of Map Revision (LOMR) through the Federal Emergency Management Agency
to adjust the FIRM Maps to reflect current and proposed grades.
2. Approval of the application will not result in a discernible net increase in water surface
elevation, will not create or exacerbate erosive velocities within special flood hazard
areas, and will not contribute to flooding of other properties not previously inundated
by the 100-year storm event because the Project proposes to fill portions of the site
with approximately 1,761 cubic yards of cut and import soil to raise levels one foot
above the Base Flood Elevation. Although the Project site is within a 100-year
floodplain, the proposed Project includes a Water Quality Management Plan
specifying that proposed buildings would be elevated above flood depths anticipated
for site development as well as ensure that the development will not exacerbate
erosive velocities within special flood hazard areas, and will not contribute to flooding
of other properties not previously inundated by the 100-year storm event. Furthermore
the applicant has initiated a CLOMR and LOMR review through the Federal
Emergency Management Agency to adjust the FIRM Maps to reflect current and
proposed grades.
3. Development and use of the property as proposed is consistent with General Plan
policies regarding flood control, public safety, aesthetics, and resource protection
because the proposed Project will complement the existing aesthetics of the area and
existing grade elevations of the adjacent properties, while remaining consistent with
the following General Plan Goals and Policies:
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January 26, 2022
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Conservation and Open Space Element, Policy 5.2: Ensure that new development
integrates and preserves areas designated for scenic, historic, conservation, or public
safety reasons. The project has been designed to elevate proposed buildings above
the 100-year floodplain elevation and integrate an existing City trail along San Juan
Creek.
Floodplain Management Element, Goal 1: Protect life and property from floodwaters.
The development of the site will assist in managing floodwaters by raising the site
above the 100-year plain elevation and providing best practice methods to collect and
appropriately discharge runoff into the creek.
4. The proposed use and development of the property are consistent with all other
applicable requirements of the Municipal Code and of the Federal Emergency
Management Agency, California Fish and Game Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in effect
at the time the application was deemed complete. The project is designed in
compliance with Title 9, Land Use Code for new development projects. The proposed
project is consistent with all other applicable requirements of the Municipal Code,
California Fish and Wildlife Department, United States Army Corps of Engineers, and
Regional Water Quality Control Board requirements in effect at the time the application
was deemed complete. Prior to issuance of a grading or building permit, the applicant
is conditioned to demonstrate that the proposed project complies with the applicable
Federal Emergency Management Agency requirements.
ENVIRONMENTAL IMPACT:
This project has been reviewed in accordance with the California Environmental Quality
Act. The City's Environmental Administrator has determined that the project is statutorily
exempt from further review pursuant to Government Code section 65583.2(h) and (i),
which applies when sites are re-zoned to accommodate the Regional Housing Needs
Allocation for low and very low income housing, and results in the future approval for
multifamily rental projects on those sites to be considered a “use by right,” which is defined
to mean that the review shall not include approval that would constitute a “project” for
purposes of CEQA, and therefore, no CEQA compliance would be required. Here, on May
6, 2016, the City adopted Resolution No. 17-05-03-01, which approved a General Plan
Amendment to amend the City’s Housing Element. That resolution amending the Housing
Element identified the City Hall site as a site that would be zoned for low and very low
income affordable housing. On May 17, 2016, the City adopted Ordinance No. 1032 on
to rezone the property to Very High Density to accommodate the City’s RHNA allocation.
This rezoning ensured that the City’s inventory of housing sites in its Housing Element
could accommodate all of the low and very low income RHNA assigned to the City.
Because the Project site was rezoned to accommodate the City’s RHNA allocation, it
would come under the provisions of Government Code Section 65583.2(i) and be
considered a “use by right” that would not trigger CEQA compliance because it is not a
“project” as that term is defined under CEQA. In conclusion, because the Project site was
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January 26, 2022
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identified in the City’s Housing Element inventory of sites suitable for lower income
housing, and was subsequently rezoned after the City adopted the Housing Element
under a program to accommodate lower income housing, it should be considered a “use
by right” site, and any City approvals to implement the Project would not be considered a
“project” for purposes of CEQA compliance. If the Project receives final approval, a Notice
of Exemption would be filed with the County Recorder’s Office within 5 days of such
approval.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On January 25, 2022, the Cultural Heritage Commission (CHC) determined that the
proposed project would be physically and aesthetically compatible with the adjacent
San Juan Hot Springs Dance Hall, a structure identified on the City’s Inventory of
Historic and Cultural Landmarks, in accordance with City Council Policy 603, Section
5. The Dance Hall is located at 32506 Paseo Adelanto, adjacent to the proposed
project site.
• On January 13, 2022, the Design Review Committee (DRC) conducted a formal
review of the proposed project’s development design plans. The DRC, on a 3-0 vote,
recommended that the proposed project be approved by the Planning Commission
with three recommended design changes. As described in the table below, the
Applicant has accepted the DRC’s recommended changes and has submitted a
revised site plan and elevations (Enclosure 1).
DRC Recommendation Applicant Response
Residential - Provide indoor
lockable bike parking with outlets
for E-Bikes.
The Applicant accepted the recommendation
and revised the plans on page A2.0.
City Hall - Provide bike parking for
visitors and staff.
The Applicant accepted the recommendation
and revised the plans on page L1.1, providing
eight bike racks north of the City Hall building.
Wall or solid fence to be provided
along the north property line from
residential building to property line
shared with railroad.
The Applicant accepted the recommendation
and requested it be a condition of approval to
allow an opportunity to confirm acceptable style
of solid fence with neighboring property owner
and SMWD. This has been added as a condition
of approval.
In addition to its formal motion, the DRC provided the Applicant with informal
comments and recommended that the Applicant, at their willingness and discretion,
return to the DRC at some time in the future to further review the City Hall architecture
and landscaping. The informal comments received are listed below including the
Applicant’s responses:
PC Agenda Report
January 26, 2022
Page 26 of 26
DRC Informal Comment Applicant Response
Roof line is not consistent between
gables and parapet. Revise
transitions or raise parapet.
The Applicant modified several of the rooflines to
make them more connected on pages A2.5,
A2.6, and A3.4.
Remove details from between
windows and roofline to unclutter
elevation and increase wall area
above the windows.
The Applicant accepted the comment and
revised the plans on pages A3.3 and A3.4.
Enlarge City Hall roof height to
assist with roof transition and
accommodate roof mounted
mechanical equipment, if
necessary.
The Applicant accepted the comment and
requested it be a condition of approval in order to
confirm acceptable height to obscure roof
mounted equipment which has not yet been
selected as well as to ensure the height will not
conflict with necessary solar panels for the EPIC
grant funds. This has been added as a condition
of approval.
Create a more formal pedestrian
walkway between parking and City
Hall courtyard.
The Applicant accepted the comment and
requested it be a condition of approval to confirm
the area, width and rise of the walkway for ADA
compliance and site drainage purposes. This has
been added as a condition of approval.
Landscape plans should be in final
state for review.
The Applicant’s landscape architect revised the
plans to reflect that no trees will be installed
within the 20’ front yard setback from the north
property line due to a SMWD requirement for a
relocated water line.
NOTIFICATION:
Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, and City
Council Resolution 10-18-17-03, a public notification of the proposed project was mailed
to every property owner within one-thousand (1,000) feet of the project boundaries and
was published in the Capistrano Valley News at least ten (10) days prior to the January
26, 2022 public hearing date. In addition, pursuant to City Council Resolution 10-08-17-
03, on-site signage was posted at least 20 days in advance of the January 26, 2022,
public hearing date.
ATTACHMENT(S):
Attachment 1 - Resolution No. 22-01-26-XX
ENCLOSURE(S):
Enclosure 1 - Development Plans
PC RESOLUTION NO. 22-01-26-XX
ARCHITECTURAL CONTROL (AC) 21-023
TREE REMOVAL PERMIT (TRP) 21-036
GRADING PLAN MODIFICATION (GPM) 21-024
SIGN PROGRAM (SP) 22-002
ZONE VARIANCE (ZV) 21-011
FLOODPLAIN LAND USE PERMIT 21-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF AN
ARCHITECTURAL CONTROL (AC) 21-023, TREE REMOVAL PERMIT (TRP) 21-036,
GRADING PLAN MODIFICATION (GPM) 21-024, SIGN PROGRAM (SP) 22-002, ZONE
VARIANCE (ZV) 21-011, AND FLOODPLAIN LAND USE PERMIT (FP) 21-003 FOR
PASEO ADELANTO MIXED USE PROJECT AND RELATED SITE IMPROVEMENTS,
INCLUDING TREE REMOVALS, SITE GRADING AND PROJECT RELATED
SIGNAGE, LOCATED ON TWO ADJOINING PARCELS TOTALING
APPROXIMATELY 2.2 ACRES AT 32400 PASEO ADELANTO (ASSESSOR PARCEL
NUMBERS 668-101-23); AND CITY COUNCIL ADOPTION OF A STATUTORY
EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(APPLICANT: JAMBOREE HOUSING CORP. & CITY OF SAN JUAN CAPISTRANO).
Whereas, Casey Harris of Jamboree Housing Corporation at 17701 Cowan
Ave. Suite 200, Irvine CA 92675 (the “Applicant”), has requested approval of Architectural
Control (AC) 21-023, Tree Removal Permit (TRP) 21-036, Grading Plan Modification
(GPM) 21-024, Sign Program (SP) 22-002, Zone Variance (ZV) 21-011, and Floodplain
Land Use Permit (FP) 21-003 for Paseo Adelanto Mixed Use Project, a request for review
of development plans related to a proposed mixed-use project consisting of 50
apartments of affordable housing and a new 16,338 square foot City Hall Office Building
with 88 parking stalls located on a 2.22 - acre parcel at 32400 Paseo Adelanto (APN:
668-101-23) (the “Project”). The Project site has a Zoning and General Plan Land Use
Designation of Very High Density (VHD) residential; and,
Whereas, the City of San Juan Capistrano, 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675, is the owner of the real property located at Assessor Parcel
Numbers 668-101-23; and,
Whereas, the City's Environmental Administrator has determined that the
project is statutorily exempt from further review pursuant to Government Code section
65583.2(h) and (i), which applies when sites are re-zoned to accommodate the Regional
Housing Needs Allocation for low and very low income housing, and results in the future
approval for multifamily rental projects on those sites to be considered a “use by right,”
which is defined to mean that the review shall not include approval that would constitute
a “project” for purposes of CEQA, and therefore, no CEQA compliance would be required.
Here, on May 6, 2016, the City adopted Resolution No. 17-05-03-01, which approved a
General Plan Amendment to amend the City’s Housing Element. That resolution
amending the Housing Element identified the City Hall site as a site that would be zoned
ATTACHMENT 1
PC Resolution 22-01-26-XX 2 January 26, 2022
for low and very low income affordable housing. On May 17, 2016, the City adopted
Ordinance No. 1032 on to rezone the property to Very High Density to accommodate the
City’s RHNA allocation. This rezoning ensured that the City’s inventory of housing sites
in its Housing Element could accommodate all of the low and very low income RHNA
assigned to the City. Because the Project site was rezoned to accommodate the City’s
RHNA allocation, it would come under the provisions of Government Code Section
65583.2(i) and be considered a “use by right” that would not trigger CEQA compliance
because it is not a “project” as that term is defined under CEQA. In conclusion, because
the Project site was identified in the City’s Housing Element inventory of sites suitable for
lower income housing, and was subsequently rezoned after the City adopted the Housing
Element under a program to accommodate lower income housing, it should be considered
a “use by right” site, and any City approvals to implement the Project would not be
considered a “project” for purposes of CEQA compliance. If the Project receives final
approval, a Notice of Exemption would be filed with the County Recorder’s Office within
5 days of such approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15051 of the California Environmental
Quality Act (CEQA) and has considered all Project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on January 26, 2022 pursuant to Municipal Code Section 9-2.302. The Planning
Commission has considered all public testimony on the proposed Project and all relevant
public comments and all documents and evidence submitted, including but not limited to
the staff report and attachments, and materials submitted by the Applicant; and,
Whereas, as a procedural matter, the Planning Commission would normally
be the reviewing body and take final action on the Architectural Control, Tree Removal
Permit, Grading Plan Modification, Sign Program, and Zone Variance applications.
However, since Municipal Code Section 9-2.318 (c)(4) requires the Planning Commission
to provide a recommendation for final action on the Floodplain Land Use Permit to the
City Council, staff is presenting all the requested entitlements together as a single
package for Planning Commission review and recommendation for approval by the City
Council, in accordance with Municipal Code Section 9-2.301(j)(1) which authorizes
referral of a request for a land use decision to the reviewing authority designated as the
appeal body for that type of land use application; and,
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
approval based upon the following findings pursuant to Municipal Code Section 9-
3.505(e) of Title 9, Land Use Code of the City of San Juan Capistrano with respect to a
Density Bonus request, subject to the conditions of approval identified in Exhibit A
attached to this Resolution and incorporated herein by reference:
PC Resolution 22-01-26-XX 3 January 26, 2022
1. General Plan consistency. A finding that the project application is consistent with
the General Plan Land Use Element is the intensity of the development is in
compliance with the design standards as outlined in Table 3-17. Findings of
inconsistency with other elements shall be restricted to specific areas of
demonstrated public health and safety hazards to future residents of the proposed
development.
2. Municipal Code consistency. A finding that the project application is consistent with
design criteria herein as well as meeting all other provisions of this Title 9.
3. Potential adverse impacts on adjacent properties. A finding that the project does
not have an adverse impact upon the surrounding properties that cannot be
reduced or minimized by a design change or condition regulating the project’s
operation.
4. CC&R. A finding that the CC&R have included the provisions and terms of
affordability as drafted in the affordability agreement for the project
If these findings can be made, then it is appropriate to grant approval of the density bonus.
Conversely, the inability to make any one of the findings would result in a denial. Using
this information, staff has prepared the following analysis, which, in turn forms the basis
for staff’s recommendation that the Planning Commission make a positive
recommendation to the City Council on the requested density bonus. In analyzing the
request, staff determined the following findings of fact warrant approval, subject to the
recommended conditions of approval:
1. 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 50-unit residential
apartment development uses an infill lot with structures which are compatible with
the neighboring developments and uses which include neighboring residential
developments within the San Juan Mobile Estates at a density of 8.32 dwelling
units per acre located to the east of the property, and the Calle Rolando Condos
at a density of 13.5 dwelling units per acre located to the west 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 50-unit
residential apartment and City Hall office building is surrounded by commercial to
the east, office industrial to the north, public facilities to the south, and a creek and
residential beyond to the west, which uses are compatible with the proposed
PC Resolution 22-01-26-XX 4 January 26, 2022
mixed-use development. Furthermore, the Mission and Spanish influenced
architecture on the surrounding buildings is compatible with the Spanish colonial
architecture proposed.
In addition, the proposed multifamily and City Hall buildings are consistent with the
Goals and Policies of the Community Design Element. The project is consistent
with Policy 1.2 because the buildings have been designed with high-quality
materials and at a human scale, with separate resident and City Hall oriented
outdoor space and entryways. It is consistent with Policy 2.1 because the proposed
building incorporates Spanish colonial architecture and California native landscape
features, which complement the City’s traditional historic character.
Finally, the project is consistent with the Housing Element, which specifies that the
site could accommodate 60 residential units for lower income households,
because the project will provide 49 residential units for very-low income
households, one onsite management unit, and additional sites in the City have
been identifies within the 2021-2029 Housing Element to accommodate the 11
affordable units not being provided at the project site. Specifically, the City has
identified the Oso Planned Community, for which a developer has identified 200
units for lower income housing. This aligns with Policy 1.3 by encouraging private
sector developers to produce affordable housing. 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 49-units for very-low income households and
the City would be approving a density bonus, concessions, and waivers to
development standards as an incentive to development of affordable housing.
2. Multi-family residences and public buildings and facilities, such as City Hall offices,
are permitted within the VHD zoning district. The proposed project would establish
a 50-unit residential apartment building and a 16,388 sq. ft. City Hall office 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, Zone Variance
allowances, and affordable housing requirements which allow for concessions and
waivers to standards such as setbacks, floor to floor ratio, heights, and parking
requirements. Furthermore, the project requires approval of a Tree Removal
Permit, Grading Plan Modification, Sign Program, Zone Variance, and Floodplain
Land Use Permit concurrently with the Architectural Control application, and the
applicant has concurrently applied for these entitlements. These entitlements are
subject to separate findings which are discussed separately under each
application. The findings for the other entitlements can be met and substantial
evidence supports those findings.
3. The proposed use and design of the project does not have an adverse impact with
surrounding existing and proposed land uses because the use is consistent with
the zoning code use allowances and density bonus request does not result in a
development with more than the sixty residential units originally identified for the
PC Resolution 22-01-26-XX 5 January 26, 2022
site when rezoned. Additionally, the proposed design of the 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 and the setback and
lot coverage development standards are meeting the requirements of the VHD
zoning which ensures minimal impact to the surrounding properties. Finally, the
architectural design, landscape, and proposed parking lot features were reviewed
by the Design Review Committee, which recommended approval of the designs.
4. The proposed development will be owned and maintained by the applicant, who
has more than thirty years of experience developing and operating affordable
housing developments. A Disposition and Development Agreement is being
negotiated by the Applicant and the City of San Juan Capistrano which will
included the provisions and terms of affordability for the development as well as
forthcoming Affordability Agreements. The Disposition and Development
Agreement and Affordability Agreement are conditions of approval for the
development project. These documents are adequate documents in replacement
of Covenants, Conditions, and Restrictions as these will be recorded on the land
throughout the terms of the agreements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
approval based upon the following findings pursuant to Municipal Code Section 9-
2.313(c) of Title 9, Land Use Code of the City of San Juan Capistrano with respect to
Architectural Control (AC) 20-012 for the site plan, the building’s architectural design, and
site landscape under Municipal Code Section 9-2.313(a)(1), subject to the conditions of
approval identified in Exhibit A attached to this Resolution and incorporated herein by
reference:
1. Multi-family residences and public buildings and facilities, such as City Hall offices,
are permitted within the VHD zoning district. The proposed project would establish
a 50-unit residential apartment building and a 16,388 sq. ft. City Hall office 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, Zone Variance
allowances, and affordable housing requirements which allow for concessions and
waivers to standards such as setbacks, floor to floor ratio, heights, and parking
requirements. Furthermore, the project requires approval of a Tree Removal
Permit, Grading Plan Modification, Sign Program, Zone Variance, and Floodplain
Land Use Permit concurrently with the Architectural Control application, and the
applicant has concurrently applied for these entitlements. These entitlements are
subject to separate findings which are discussed separately under each
application. The findings for the other entitlements 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
PC Resolution 22-01-26-XX 6 January 26, 2022
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 50-unit residential
apartment development uses an infill lot with structures which are compatible with
the neighboring developments and uses which include neighboring residential
developments within the San Juan Mobile Estates at a density of 8.32 dwelling
units per acre located to the east of the property, and the Calle Rolando Condos
at a density of 13.5 dwelling units per acre located to the west 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 50-unit
residential apartment and City Hall office building is surrounded by commercial to
the east, office industrial to the north, public facilities to the south, and a creek and
residential beyond to the west, which uses are compatible with the proposed
mixed-use development. Furthermore, the Mission and Spanish influenced
architecture on the surrounding buildings is compatible with the Spanish colonial
architecture proposed.
In addition, the proposed multifamily and City Hall buildings are consistent with the
Goals and Policies of the Community Design Element. The project is consistent
with Policy 1.2 because the buildings have been designed with high-quality
materials and at a human scale, with separate resident and City Hall oriented
outdoor space and entryways. It is consistent with Policy 2.1 because the proposed
building incorporates Spanish colonial architecture and California native landscape
features, which complement the City’s traditional historic character.
Finally, the project is consistent with the Housing Element, which specifies that the
site could accommodate 60 residential units for lower income households,
because the project will provide 49 residential units for very-low income
households, one onsite management unit, and additional sites in the City have
been identifies within the 2021-2029 Housing Element to accommodate the 11
affordable units not being provided at the project site. Specifically, the City has
identified the Oso Planned Community, for which a developer has identified 200
units for lower income housing. This aligns with Policy 1.3 by encouraging private
sector developers to produce affordable housing. 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 49-units for very-low income households and
the City would be approving a density bonus, concessions, and waivers to
development standards as an incentive to development of affordable housing.
3. The project meets the lot coverage ratios and the front, rear, and side yard
setbacks except for the side setbacks from the property lines between the
PC Resolution 22-01-26-XX 7 January 26, 2022
proposed new structures. A waiver request is concurrently being sought pursuant
to Section 9-3.505 for the affordable housing building and a Zone Variance is
concurrently being sought for the City Hall building. The applicant has proposed to
provide all necessary residential and City Hall parking. The proposed residential
development is entitled to density bonus, parking reduction, concessions from the
floor-to-floor ratio and setbacks, and waivers from the maximum height and
number of stories. The development incorporates appropriate vehicular access,
including 25’-wide drive aisles from Paseo Adelanto.
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 Paseo Adelanto
and similar residential and office 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 signage and has
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, including 25’ wide drive aisles
from Paseo Adelanto, as well as sufficient parking. These proposed means of
access have been reviewed by the City Engineer who has determined that the new
use, driveways, and parking lot modifications would not have a negative impact to
vehicular traffic on Paseo Adelanto.
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
approval based upon the following findings pursuant Municipal Code Section 9-2.349(e)
of Title 9, Land Use Code of the City of San Juan Capistrano with respect to Tree Removal
Permit (TRP) 21-036 for the removal of non-heritage trees under Municipal Code Section
9-2.349(c), subject to the conditions of approval identified in Exhibit A attached to this
Resolution and incorporated herein by reference:
1. The removal of the trees will not have an adverse impact on the adjacent properties
or the general welfare since the trees proposed for removal will be replaced by
three times as many trees. Further, any large trees proposed for removal will be
replaced by 36” and 48” box trees that are more mature trees. Such replacements
PC Resolution 22-01-26-XX 8 January 26, 2022
will not adversely impacting views, public streetscapes, and aesthetics of the site.
2. Although the development proposal and grading of the site for new buildings
outside of the flood zone requires the removal of 16 trees on the site, the applicant
has proposed to install 49 new trees throughout the site as replacements. The ten
sycamores which will be removed from the front of City Hall and the front parking
lot of City Hall will be replaced with two sycamore, four olive, and two bay laurel
trees. The six trees of various species which will be removed at the western
boundary of the site will be replaced with two bay laurel and eight willows. The
replacement trees will maintain and exceed the former urban forest canopy.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
approval based upon the following findings pursuant to Municipal Code Section 9.2.323
of Title 9, Land Use Code of the City of San Juan Capistrano with respect to Grading Plan
Modification (GPM) 21-024 for onsite grading under Municipal Code Section 9-2.323(f),
subject to the conditions of approval identified in Exhibit A attached to this Resolution and
incorporated herein by reference:
1. The proposed grading modifications are consistent with the General Plan, Land
Use Code, and Design Guidelines because the proposed grading, which involves
628 cubic yards of total base cut and 1,761 cubic yards of total compacted for a
total import 1,133 cubic yards of soil, is allowed and no protected ridgelines exist
on the project site. The proposed grading would reshape the existing, previously
developed building pad to be out of the flood zones and to accommodate
redevelopment of the site. The grading would conform to the requirements of
appropriate soils and geology reports, and would be performed under the
supervision of a qualified soils engineer. Landscaping has been incorporated into
the landscape plans to minimize erosion and benefit aesthetics. There is no
applicable specific plan or comprehensive development plan for this property.
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 because
the site is an already developed lot with an existing City Hall with four buildings
totaling approximately 15,000 sq. ft. and would be graded, to the extent possible,
to accommodate edge conditions with existing uses, thereby minimizing impact to
adjacent properties.
3. The proposed grading would remain consistent and compatible with immediately-
adjacent lots or units, including, to the extent possible, blending of slopes with
adjacent property boundaries, rounding of slopes at both top and bottom to blend
the grading into the existing terrain, and incorporating a design which harmonizes
the design with the natural contours of the property and surrounding lots. The
proposed grading which would take place adjacent to property lines and would tie
into the adjacent properties to blend the slopes with adjacent properties, to the
extent possible.
PC Resolution 22-01-26-XX 9 January 26, 2022
4. The proposed modified grading plan shows the location of proposed building
footprints which would meet all required minimum setbacks for buildings as defined
in the VHD Zoning District and the general design standards, and as allowed
through the requested affordable housing density bonuses, concessions, and
waivers, and Zone Variance, including minimum setbacks from the tops and toes
of slopes, contained within Section 9-4.513, Graded Slopes.
5. The proposed modified grading would 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 does not result in any negative impacts to hydrology and
water quality as required by local and state laws. Prior to issuance of a grading or
building permit, the applicant must demonstrate to the satisfaction of the Public
Works Director that the proposed grading would not result in any negative impacts
to hydrology and water quality as required by local and state laws. The grading
modifications would not impact views or trail easements because the grading
would be screened with the use of landscaping, as conditioned, and the grading
does not encroach or alter any trail system.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
approval based upon the following findings pursuant to Municipal Code Section 9-
3.543(k) of Title 9, Land Use Code of the City of San Juan Capistrano with respect to
Sign Code Exceptions, subject to the conditions of approval identified in Exhibit A
attached to this Resolution and incorporated herein by reference:
1. The building-mounted signage complies with all other applicable material in the
sign code section, specifically the maximum size of most building mounted signs,
particularly for zones which permit office and mixed uses, the height and minimum
clearance from adjacent grade is provided, with an overall design that is consistent
with the architecture of the proposed building.
2. The scale of the proposed building-mounted signage would be in harmony with the
architectural design of the building because the signage is proposed to be centered
on building elevations and architectural features, similar to previously approved
Sign Programs with building-mounted signage.
3. The building-mounted signage would not impede vision of vehicular, bicycle, or
pedestrian traffic as it would be flush with the building with clearance to provide
halo illumination and ensure no direct light can be seen from the edges of the
signage. Furthermore, the illumination of the signage complies with all other
portions of the Sign Code Section 9-3.543 with exception to the zone where
building mounted signs are permitted. As a result, the sign would not create a
hazard to other adjacent properties or tenants.
PC Resolution 22-01-26-XX 10 January 26, 2022
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
approval based upon the following findings pursuant to Municipal Code Section 9-
2.343(c)(3) of Title 9, Land Use Code of the City of San Juan Capistrano with respect to
Sign Program (SP) 22-002 for signage under Municipal Code Section 9-2.343, subject to
the conditions of approval identified in Exhibit A attached to this Resolution and
incorporated herein by reference:
1. The sign program consisting of one 24 square foot metal channel letter sign, with
halo illumination, per each elevation with a public entrance to the buildings is
consistent with the General Plan and Design Guidelines, and is complementary to
the architecture and design of the development Project because the sign program
is consistent with the following General Plan Community Design Element policy
and Design Guidelines:
• General Plan Community Design Element Policy 1.2 Encourage high-
quality and human scale design in development to maintain the character
of the City. The signs are to be constructed from durable industry standard
materials, and the size of the signs comply with the Municipal Code, which
limits the size (height and width) for zones with office or mixed uses to
ensure a human scale.
• Policy 8,C.1.Colors. The proposed signage avoids the use of multiple
colors.
• Policy 8.C.4 Sign Illumination. The building mounted wall signs would
consist of individual channel letter signage that is halo lit illumination in a
manner consistent with the City’s Code and Design Guidelines.
• Policy 8.C.5 Placement. The signs are placed centered on elevations and
architectural features in a manner that complement the architecture.
• Policy 8.C Wall and Building Signs. The wall signs would not project by
more than 12 inches from the walls upon which they are attached.
2. The sign program conforms to all applicable requirements of this Code with the
granting of the requested exception to allow the building mounted signs in the VHZ
zone. The VHZ zone is most analogous to the Office Commercial and mixed use
zones. The proposed signs do not exceed the total signage allowed by the
Municipal Code in Office Commercial and because the sign design is
architecturally compatible with the proposed buildings. The sign program consists
of a visually pleasing method of providing compatible signs on both buildings to
minimize visual clutter and to unify the appearance of the site to create a distinctive
sense of place. There is no applicable specific plan or comprehensive
development plan for this property.
3. The sign program is generally compatible with the design character of adjacent
properties and/or rights-of-way because the signs in the sign program would not
impact the right of way, due to their placement, and would not create light or glare
impacts to the adjacent properties as the internally illuminated halo signage would
comply with the city’s illumination standards.
PC Resolution 22-01-26-XX 11 January 26, 2022
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
approval based upon the following findings pursuant Municipal Code Section 9-2.351 of
Title 9, Land Use Code of the City of San Juan Capistrano with respect to Zone Variance
(ZV) 21-011 for a 20’ encroachment into the side yard setback from the City Hall building,
subject to the conditions of approval identified in Exhibit A attached to this Resolution and
incorporated herein by reference:
1. There are special circumstances that are applicable to the property in that the
proposed property lines which will divide the residential development from the City
Hall development will transition the property from narrower at the north property
line to wider as it transitions south. This transition is needed due to the existing
City facilities which need to remain accessible and within the ownership of the City.
The narrowing of the property line results in the need for the City Hall building to
encroach into the side yard setback, creating a 0’-0” side yard along the shared
property line with the proposed residential building. The residential development
will also have a 0’-0” setback; however, this is permitted under an affordable
housing concession and does not require a Zone Variance. Furthermore, the City
Hall building which is proposed to be demolished as a part of this project, is
currently developed with a 0’-0” setback from the front yard along the northern
property line. The proposed development adheres to the setback from the north
property line but would encroach into the side yard setback proposed to be shared
with the new residential building. The strict application of the VHD development
standards found in Section 9-3.301(c)(1) would deprive the applicant of privileges
enjoyed by other properties within the surrounding development by not allowing
the City Hall to maintain a 0’-0” setback, relocated from the north property line to
a property line which will be shared between the new developments.
2. Granting the Zone Variance would not constitute a grant of special privileges;
rather, it would allow the property to enjoy comparable development to that
previously permitted for site and zoning district since the current City Hall has a 0’-
0” setback to the north property line. The proposed development will adhere to the
setback from the north property line but would instead encroach into the side yard
setback proposed to be shared with the new residential building.
3. Granting the Zone Variance would not result in development which is otherwise
inconsistent with the provisions of the Land Use Code or the General Plan because
the project would not result in any new non-conformities with the applicable
development standards for the VHD District that govern the property or be
inconsistent with any applicable provisions of the General Plan. The allowable land
use is VHD residential which allows multifamily and public buildings on the lot and
the Zone Variance would not change the existing land use of the site.
4. Granting the Zone Variance would not result in a development which is
inconsistent with the goals, policies, and objectives of the General Plan. This
project corresponds to the General Plan Land Use Goal 2: Control and direct future
PC Resolution 22-01-26-XX 12 January 26, 2022
growth within the city to preserve the rural village-like character of the community.
The General Plan designates the property as VHD residential, and the proposed
project would be compatible with the surrounding area patterns of development
and would retain the surrounding character, style, and massing. Therefore, the
extent of the variance would 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 does hereby recommend City Council
approval based upon the following findings pursuant Municipal Code Section 9-2.321 of
Title 9, Land Use Code of the City of San Juan Capistrano with respect to Floodplain Land
Use Permit (FP) 21-003 for development improvements within a flood zone, subject to
the conditions of approval identified in Exhibit A attached to this Resolution and
incorporated herein by reference:
1. The application complies with all the location and land use standards for uses or
structures as set forth in Section 9-3.405 of the Land Use Code because the site
will be graded to elevate the proposed buildings above the 100-year floodplain
elevation, and the applicant has submitted a Conditional Letter of Map Revision
(CLOMR) and Letter of Map Revision (LOMR) through the Federal Emergency
Management Agency to adjust the FIRM Maps to reflect current and proposed
grades.
2. Approval of the application will not result in a discernible net increase in water
surface elevation, will not create or exacerbate erosive velocities within special
flood hazard areas, and will not contribute to flooding of other properties not
previously inundated by the 100-year storm event because the Project proposes
to fill portions of the site with approximately 1,761 cubic yards of cut and import
soil to raise levels one foot above the Base Flood Elevation. Although the Project
site is within a 100-year floodplain, the proposed Project includes a Water Quality
Management Plan specifying that proposed buildings would be elevated above
flood depths anticipated for site development as well as ensure that the
development will not exacerbate erosive velocities within special flood hazard
areas, and will not contribute to flooding of other properties not previously
inundated by the 100-year storm event. Furthermore the applicant has initiated a
CLOMR and LOMR review through the Federal Emergency Management Agency
to adjust the FIRM Maps to reflect current and proposed grades.
3. Development and use of the property as proposed is consistent with General Plan
policies regarding flood control, public safety, aesthetics, and resource protection
because the proposed Project will complement the existing aesthetics of the area
and existing grade elevations of the adjacent properties, while remaining
consistent with the following General Plan Goals and Policies:
Conservation and Open Space Element, Policy 5.2: Ensure that new development
integrates and preserves areas designated for scenic, historic, conservation, or
public safety reasons. The project has been designed to elevate proposed
PC Resolution 22-01-26-XX 13 January 26, 2022
buildings above the 100-year floodplain elevation and integrate an existing City
trail along San Juan Creek.
Floodplain Management Element, Goal 1: Protect life and property from
floodwaters. The development of the site will assist in managing floodwaters by
raising the site above the 100-year plain elevation and providing best practice
methods to collect and appropriately discharge runoff into the creek.
4. The proposed use and development of the property are consistent with all other
applicable requirements of the Municipal Code and of the Federal Emergency
Management Agency, California Fish and Game Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in
effect at the time the application was deemed complete. The project is designed in
compliance with Title 9, Land Use Code for new development projects. The
proposed project is consistent with all other applicable requirements of the
Municipal Code, California Fish and Wildlife Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in
effect at the time the application was deemed complete. Prior to issuance of a
grading or building permit, the applicant is conditioned to demonstrate that the
proposed project complies with the applicable Federal Emergency Management
Agency requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends City Council
approval of the CEQA exemption and Architectural Control (AC) 21-023, Tree Removal
Permit (TRP) 21-036, Grading Plan Modification (GPM) 21-024, Sign Program (SP) 22-
002, Zone Variance (ZV) 21-011, and Floodplain Land Use Permit (FP) 21-003, subject
to those conditions of approval that are applicable to these entitlements as established
by Exhibit A, which is attached hereto and incorporated herein by reference.
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
records for 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.
PC Resolution 22-01-26-XX 14 January 26, 2022
PASSED, APPROVED AND ADOPTED this 26th day of January, 2022.
_____________________________________
Harrison Taylor, Chair
_____________________________________
Sergio Klotz, AICP, Assistant Development Services
Director/Secretary
EXHIBIT “A”
P.C. RESOLUTION 22-01-26-XX
RECOMMENDED CONDITIONS OF APPROVAL
PROJECT LOG #: AC 21-023, TRP 21-036, GPM 21-024, SP 22-002, ZV 21-011, and
FP 21-003
PROJECT NAME: Paseo Adelanto Mixed Use Project
APPROVAL DATE: January 26, 2022
These conditions of approval apply to a request to demolish the existing City Hall office
buildings and constructing a new 16,338 sq. ft. City Hall and adjoining 50-unit apartment
building of affordable housing, and related site improvements including tree removal, site
grading, and project related signage, on two adjoining parcels totaling approximately 2.2
acres at 32400 Paseo Adelanto (Assessor Parcel Number 668-101-23). Any proposed
changes to this approval shall be submitted to the City’s Development Services
Department, along with the required application and deposit or fee, for review. For the
purpose of these conditions, the term “Applicant” shall also mean the owner or any
successor(s) in interest to the terms of this approval
General Conditions:
___ 1. This approval is granted to allow for the demolition of City Hall consisting of
four buildings totaling approximately 15,000 sq. ft. and construction of a new
16,338 sq. ft. City Hall and adjoining 50-unit apartment building of affordable
housing, and related site improvements including tree removal, site grading,
and project related signage, on two adjoining parcels totaling approximately 2.2
acres at 32400 Paseo Adelanto (Assessor Parcel Number 668-101-23)/
Approval is granted based on the development plans submitted by Jamboree
Housing Corporation on January 19, 2022. These plans, materials and the
proposed use of the site are approved as submitted and conditioned herein,
and shall not be further altered unless reviewed and approved by the affected
city departments. Minor modifications to this approval which are determined by
the Development Services Director to be in substantial conformance with the
approved plans, and which do not intensify or change the use or require any
deviations from adopted standards, may be approved by the Development
Services Director upon submittal of an application and the required deposit or
fee. If not appealed, this approval shall become effective on the first business
day following the fifteenth (15th) day after the date of City Council approval and
shall expire twenty-four (24) months after the effective approval date unless the
use or occupancy which is the subject of this action has taken place and all
conditions of approval have been met, or a time extension has been granted
by the City. Any application for an extension of time shall be submitted to the
Resolution 22-01-26-XX Conditions of Approval
Paseo Adelanto Mixed Use Project Page 2 of 18
Development Services Department, along with the required deposit or fee, at
least ninety (90) days prior to the expiration date of this approval, except as
otherwise approved by the Development Services Director.
___ 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
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 8-2.04 of the Building Code, the applicant 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 7:00 a.m. to 6:00 p.m.
Saturday 8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday unless
waived by the Building Official for extenuating reasons.
___ 5. If paving activity during construction is required within 25 feet of nearby
structures, use of a static roller in lieu of a vibratory roller shall be employed.
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 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.
___ 7. Compliance with Outside Requirements. Approval of this application does not
relieve the applicant from complying with other applicable Federal, State,
County, Santa Margarita Water District or City regulations or requirements. To
the extent not precluded by Government Code Section 65961, the applicant
Resolution 22-01-26-XX Conditions of Approval
Paseo Adelanto Mixed Use Project Page 3 of 18
shall comply with all requirements of the Municipal Code, all requirements of
City ordinances, resolutions, and all applicable standards and policies that are
in effect at the time that building permits are issued for the development.
___ 8. Signed Plans. All plans, specifications, studies, reports, calculations, maps,
notes, legal documents, and designs shall be prepared, stamped and signed, if
required, only by those individuals legally authorized to do so.
___ 9. Applicant Responsibilities. The applicant shall be responsible for informing all
subcontractors, consultants, engineers, or other business entities providing
services related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business license
be obtained by all entities doing business in the City.
___ 10. The conditions of approval contained herein shall be made part of the
construction drawings for the proposed development. Construction drawings
shall not be accepted for Plan Check without the conditions of approval
incorporated into the construction drawings.
___ 11. Discrepancy Clause. 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.
___ 12. Disposition and Development Agreement. The project is contingent upon City
Council’s review and approval of a Disposition and Development Agreement.
___ 13. Fees. Except as otherwise set out in accordance with a schedule in the
Disposition and Development Agreement to be executed in conjunction with City
approval , the applicant shall pay all fees at the time fees are determined
payable and comply with all requirements of the applicable federal, state, and
local agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMIT(S):
___ 14. Archaeological Monitoring. A qualified archaeologist (defined as an
archaeologist on the List of Certified Archaeologists for Orange County) shall
be retained by the project Applicant and shall be present at pre-construction
meetings to advise construction contractors about the sensitive nature of any
potential cultural resources located on and/or in the vicinity of the project site,
as well as monitoring requirements. A qualified monitor (defined as an individual
with a bachelor's degree in anthropology with archaeological monitoring
Resolution 22-01-26-XX Conditions of Approval
Paseo Adelanto Mixed Use Project Page 4 of 18
experience), supervised by the qualified archaeologist, shall observe on and off-
site construction activities that result in grading, and/or excavating on or below
the original ground surface (including during project-related off-site utility
[natural gas, electricity, sewer, water, drainage, communications, etc.] and
roadway improvements). Should nonhuman cultural resources be discovered,
the monitor shall have the power to temporarily halt or divert construction
activities until the qualified archaeologist can determine if the resources are
significant and, if significant, until recovered by the archaeologist. In the event
that human remains are discovered, construction activities shall be halted or
diverted until the provisions of Section 7050.5 of the Health and Safety Code
and Section 5097.98 of the Public Resources Code have been implemented.
(DSD)
___ 15. Native American Monitoring. 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)
___ 16. Utilize Santa Margarita Water District (SMWD) General, Domestic Water (DW),
Recycled Water (RW), and Sewer Notes on all DW, sewer and RW construction
plans, as applicable. (SMWD)
___ 17. Submit printed copies of all DW and sewer facility documents to the SMWD
Engineering Counter at 26111 Antonio Parkway, Rancho Santa Margarita, CA
92688. Electronic files (pdf) for same shall also be submitted via email to
engcounter@smwd.com for SMWD review. (SMWD)
___ 18. Provide to SMWD for review all improvement plans including but not limited to:
plumbing, irrigation and fire sprinkler system. The developer shall also submit
an application for a Waste Discharge Permit and obtain a release of occupancy
letter from SMWD and the CSJC before allowing use of the building. (SMWD)
___ 19. Submit to SMWD for review and acceptance all developer design engineer’s
cost estimates for all off-site DW and sewer improvements. (SMWD)
___ 20. Prepare and submit a domestic water (DW), fire sprinkler and irrigation demand
analysis as part of a concept site Master Plan (MP) document. The MP
document shall include an executive summary supported by written discussions
of design issues, analyses, computation tables, diagrams, and maps. As part of
the MP process complete the items listed below: (SMWD)
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Paseo Adelanto Mixed Use Project Page 5 of 18
a. Contact SMWD to determine fees and related information to conduct a fire
flow test on two existing hydrants at or near the project site. Prepare a
hydraulic model of all Paseo Adelanto project DW demands and capacity
impacts to existing and proposed new facilities within 1000-feet of all site
boundaries.
b. Include in the hydraulic modeling effort a simulated Orange County Fire
Authority (OCFA) fire flow demand with alternative DW supply transmission
main out-of-service scenarios. Prepare a Fire Master Plan (FMP) for review
and acceptance by the OCFA. Submit a copy of the OCFA approved FMP
to SMWD.
c. Perform peak flow sewer discharge studies that includes a depth over
pipeline diameter analysis of sewer facilities extending to the South Orange
County Wastewater Authority (SOCWA) treatment plant site. Show on the
MP all existing on-site and off-site DW and sewer systems and clearly
annotate the proposed public and the private systems. Indicate
abandonment of any septic systems if located on the site.
d. The MP document shall provide tables showing the square foot areas of:
the project parcel, the irrigated area, the hardscape area, driveways,
parking lots, all existing and proposed buildings, patio, any non-building but
covered areas, and structures.
___ 21. Developer shall design and construct a replacement 12-inch diameter PVC DW
pipeline under a proposed new walkway and landscaping area in an east-west
direction adjacent to the northerly property line (PL) of the site. The 12-inch
diameter PVC pipeline shall be aligned within a 20-feet wide easement granted
to SMWD. Abandon in place an existing 10-inch ACP DW pipeline generally
aligned along the northerly PL. Provide a DW service lateral connection isolation
valve before and meter banks where appropriate for SMWD maintenance
purposes. Be advised that every private dwelling unit in the project shall have
an individual DW meter. (SMWD)
a. A maintenance agreement shall be entered into between SMWD and the
Applicant and SMWD and the City for any maintenance necessary to
concrete, pavers, landscaping or irrigation in the event SMWD needs to
access the 12-inch water line to be the responsibility and expense of either
the applicant or City, depending on the location of the proposed
maintenance.
b. Due to abandonment of the existing 10-inch DW pipeline along the northerly
PL, existing DW meters serving the project site shall not be reused and shall
be removed, connections capped and abandoned.
___ 22. SMWD shall be granted easements by the applicant and the City for all new
public DW pipelines, sewers, meters, fire hydrants and backflow prevention
device locations if outside of the public right-of-way on the project site.
Easements granted by the applicant (20-feet wide minimum for one public
pipeline and 30-feet wide minimum for two public pipelines, etc.) shall use
Resolution 22-01-26-XX Conditions of Approval
Paseo Adelanto Mixed Use Project Page 6 of 18
standard SMWD terms for ingress and egress, DW and sewer improvements,
meter groups and public fire hydrant locations. Multiple metes and bounds legal
descriptions and map exhibits for new easements or a new tract or parcel map
shall be prepared by the Developer or their consultants for use with SMWD
easements. A sewer monitoring manhole shall also be designed on a primary
sewer lateral and located just upstream of an anticipated new connection to an
existing 18-inch diameter sewer trunk line that parallels the east site PL. Provide
a grease interceptor on any sewer laterals if the project site has food services
that generate grease per SOCWA and SMWD criteria. SMWD shall also be
granted easements over City property and project site parking lot or driveway
areas for access to on-site and off-site facilities. All new and existing sewer lines
shall be camera inspected by a reputable and experience firm with all recordings
submitted to SMWD for review. (SMWD)
___ 23. New SMWD pipelines, valves, sewers or sewer manholes shall not be aligned
under any concrete structures (paver areas, concrete slabs, medians, curbs or
gutters) or vehicle parking spaces. Steel or PVC casings shall be designed and
installed on any SMWD pipelines designed within walkways, landscape areas,
medians or crossing under curb and gutters. Trash bin enclosure structures with
drainage piping connections to the private or public sewer system shall be
covered with a solid roof structure extending at minimum to the enclosure limits.
(SMWD)
___ 24. Any existing underground backflow shall be reconstructed as an above ground
backflow with new SMWD approved, code compliant backflow devices.
(SMWD)
___ 25. All DW systems are private after all SMWD meters. The Developer shall design
and install private Double Check Assembly (DDCA) and Back Flow Preventor
Devices (BFD located immediately adjacent to and downstream of the SMWD
approved meter locations. (SMWD)
___ 26. All irrigation piping on the project site shall comply with SMWD’s standards for
future RW service and supplied by one meter that is designed in a SMWD
approved location. The selected location is to facilitate future conversion to RW
use when service is available to the project site. (SMWD)
___ 27. Wastewater Study. The applicant shall submit to the SMWD for review and shall
obtain approval of, a Wastewater Feasibility Study, which evaluates the
proposed development project and mitigates its anticipated impact on the
existing Wastewater facilities system. Said study shall be consistent with the
SMWD's Design Criteria And Standard Drawings for Water and Sewer Facilities,
as last revised. (SMWD)
___ 28. Sewer Improvement Plans. Prior to approval of the final map, the applicant shall
submit Sewer Improvement Plans prepared by a California State Registered
Civil Engineer to SMWD for review and approval. These plans shall be specific
Resolution 22-01-26-XX Conditions of Approval
Paseo Adelanto Mixed Use Project Page 7 of 18
to the project and shall reflect consistency with the SMWD's Design Criteria And
Standard Drawings for Water and Sewer Facilities, as last revised. (SMWD)
The Sewer Improvement Plans shall include at minimum, a 20-foot wide
easement, where it is applicable. The applicant shall design the development
gravity sewer system to connect to an existing sewer lines. The Sewer
Improvement Plans shall indicate that all proposed sewer manholes shall be
lined with polyurethane, or equal approved material, at the applicant's cost to
the satisfaction of SMWD. (SMWD)
___ 29. Water Improvement Plans. Prior to approval of the final map, the applicant shall
submit Water Improvement Plans, including a Water Improvement Phasing
Plan, prepared by a California State Registered Civil Engineer to SMWD for
review and approval. (SMWD)
___ 30. Recycled Water Line: The development will construct its recycled water meter
to serve all irrigation areas for future connection to planned recycled water
facilities. (SMWD)
___ 31. Construction Cost Estimates. The applicant shall submit an estimate of
quantities and construction costs of all proposed improvements associated with
this development prepared by a California State Registered Civil Engineer
pursuant to the City requirements to the City Engineer for review and approval.
Said estimates shall include, but not be limited to, the costs for construction of
all on-site and off-site improvements for street, signing and striping, street lights,
storm drains, water, sewer, landscape, irrigation systems, and the setting of
survey monuments and centerline ties. Labor cost of all cost estimates of
facilities that will be dedicated to the City for operation and maintenance shall
comply with the California Labor Code Section 1720-1743 with respect to the
prevailing wages. Any exception to or deviation from this condition shall be
subject to review and approval by the City Engineer. (PW)
___ 32. OCFA Flow Demands. The applicant shall obtain from the OCFA the required
fire flow demands and fire protection requirements to serve the development
within that final map and shall provide evidence of satisfactory OCFA flow.
(OCFA & SMWD)
___ 33. Water Availability. Provide a completed Water Availability Form, signed by a
representative of the local water purveyor, showing the results of a recent fire
hydrant flow test (within 6 months). (OCFA)
___ 34. Dedication of Water Facilities and Water Rights. Prior to approval of the final
map, the applicant shall dedicate, at no cost to the City, all public water facilities,
water rights and 20 feet wide easement to SMWD for project improvements.
(SMWD)
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Paseo Adelanto Mixed Use Project Page 8 of 18
___ 35. Public Facility Easements and Permits Obtained by Developer on Behalf of the
City of San Juan Capistrano. The applicant shall demonstrate to the satisfaction
of the public utilities purveyor that public facilities, such as drainage, sewer, and
water, can be designed and constructed to serve the needs of the property.
Public Facilities, to the extent practicable, shall be located within the right-of-
way, or common roadways. Public Facilities on private property will be by
Easement. In addition, easements shall be 20-foot wide, with a 12-foot wide all
weather road (decomposed granite or better), without unpassable grade
changes, and be connected to a road on public Right of Way; or linked to
another similarly constructed easement. Any exception shall be subject to
review and approval by the City Engineer and SMWD. (PW & SMWD)
___ 36. Precise Grading Plan. The applicant shall submit a precise grading plan(s)
prepared by a California State Registered Civil Engineer to the Development
Services Director for City review and approval by the City Engineer, Assistant
Utilities Director, and Building Official. The precise grading plan(s) shall be
consistent with the approved rough grading plan and the approved Tentative
Tract Map.(PW)
___ 37. Dedications and Maintenance Responsibility. The applicant shall indicate on the
final plans, to the satisfaction of the City Engineer, all appropriate dedication
and access rights, stating their purposes and their maintenance responsibilities.
(PW)
___ 38. Dry Utilities (Electric, Telephone, Cable TV, Gas) Plans. The applicant shall
submit all Electrical, Gas, Telephone and Cable Television installation plans to
the City Engineer for review and approval, to ensure compatibility with existing
and proposed improvements. All utility lines with junction structures shall be
underground. Any deviation from these requirements shall be subject to prior
City Engineer review and approval. (PW)
___ 39. Encroachment Permit Haul Route. 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. Prior to the commencement of hauling earth to or from
the site, applicant shall, if applicable, submit the Haul Route for review and
approval by the City Engineer. (PW)
___ 40. Grading Plans. The applicant shall submit the required number of copies of
grading plans prepared by a California State Registered Civil Engineer to the
Development Services Director for City review and approval by the City
Engineer for the entire project site. Such plan shall be in substantial
conformance with the grading concept shown in the approvals.
These plans shall conform to the City and Orange County grading plan
standards and depict, at minimum, all existing features, the limits of grading, the
drainage, retention/detention basins, sewer facilities, water facilities, existing
Resolution 22-01-26-XX Conditions of Approval
Paseo Adelanto Mixed Use Project Page 9 of 18
easements and right-of-way boundaries, trails, parkways, streets and all
appurtenant improvements. All drainage design must depict proper conveyance
to the on-site street or a City approved drainage facility with appropriate pre-
treatment facilities or Best Management Practices (BMP) in place pursuant to
the National Pollutant Discharge Elimination System (NPDES) permit
requirements.
All grading plans shall be subject to review by a third-party geotechnical
consultant retained by the City to ensure geotechnical stability to the satisfaction
of the City Engineer. (DSD & PW)
___ 41. Surety Agreement and Security. The Applicant shall submit a grading surety
agreement and security. Additionally, signed Mylars of plan sets for City
Engineer’s signature shall also be submitted and five (5) hard copies of the
plans will be required after the Mylars are signed. (PW)
___ 42. Grading Access and Haul Route Plan. The applicant shall submit to the City
Engineer for review, and shall obtain approval of: (PW)
a. An on-site plan showing location of the access point, for the earth moving
and grading equipment and for workers vehicles entering and exiting the site.
b. An off-site haul route plan for soil importation/exportation circulation and for
heavy construction related deliveries. The haul route plan shall specify the
dates and times and headways for hauling activities in compliance with all
applicable City standards. The City Engineer may require a security deposit
in conjunction with approval of the haul route plan.
c. Prior to commencement of haul activities, the applicant shall obtain a Haul
Route Permit and pay required fees.
___ 43. Easements. All existing and proposed easements shall be shown on grading
plans and disposition of the existing easements in respect to the proposed
development shall be determined. If an easement is to be quitclaimed, a copy
of the quitclaimed document shall be provided to the City Engineer. (PW)
___ 44. Erosion & Sediment Control Plans, The applicant shall submit an
Erosion/Sediment Control Plan for the regulation and control of pollutant run-off
by using Best Management Practices (BMPs), prepared by a California State
Registered Civil Engineer to the City Engineer for review and approval. The plan
shall show all temporary and permanent erosion control devices, effective
planting of graded slopes, practical accessibility for maintenance purposes and
proper precautions and fences to prevent public trespass onto certain areas
where impounded water may create a hazardous condition. A Stormwater
Pollution Prevention Plan (SWPPP) shall be prepared by a certified QSD and
the project shall be issued a WDID number through the Regional Water
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Paseo Adelanto Mixed Use Project Page 10 of 18
Resources Control Board and the project downloaded into the SMARTS
program.
In order to control pollutant run-off, the applicant shall demonstrate to the
satisfaction of the City Engineer that all water quality best management
practices shall be designed in accordance with the National Pollutant Discharge
Elimination System (NPDES) standards, and the requirements of California
Regional Water Quality Control Board (San Diego Region) Order No. R9-2009-
0009 (As amended by 2010-0014-DWQ and 2012-0006-DWQ) and City
guidelines and regulations, and shall show evidence satisfactory to the City
Engineer that a permit has been obtained. (PW)
___ 45. General Construction Permit. The applicant shall submit a Notice of Intent (NOI)
to the California State Water Resource Control Board for coverage under the
State National Pollutant Discharge Elimination System Program (NPDES)
General Permit for storm water discharges associated with development/
construction activity in excess of one acre of land. Evidence that this
requirement has been met shall be submitted to the City Engineer. (PW)
___ 46. Water Quality Management Program.
a. The applicant shall submit concurrently with the grading plans, erosion control
plans, and drainage plans a Final Water Quality Management Program
(WQMP), as prepared by a California State Registered Civil Engineer, to the
City Engineer for review and approval. All erosion and sediment control
measures as specified in said approved WQMP shall be implemented during
the grading operation to the satisfaction of the City Engineer. (PW)
b. The applicant shall submit a final WQMP as prepared by a California State
Registered Civil Engineer to the City Engineer for review approval. (PW)
___ 47. Drainage Improvement Plans. The applicant shall submit Drainage
Improvement Plans as prepared by a California State Registered Civil Engineer
to the City Engineer for review and approval. The Drainage Improvement Plans
shall be specific to the project, and be consistent with the City's Drainage Master
Plan. These plans shall show locations of all existing and proposed facilities.
Detention/retention basins shall be designed to accommodate the 100-year
storm flow with engineered secondary overflow devices. An engineered
secondary overflow shall also be provided for storm drain systems designed
with sump conditions to preclude flooding of private properties. All drainage
must be conveyed to the on-site street or a City approved drainage facility.
If an existing downstream drainage facility, whether it is a storm drain pipe, an
open drainage channel, or an inlet basin, is inadequate or does not meet current
City standards or, in the opinion of the City Engineer, is unsafe to properly carry
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Paseo Adelanto Mixed Use Project Page 11 of 18
the existing discharge and the proposed discharge generated by this project,
the applicant shall then, at applicant’s cost, design and implement alternative
methods of improvement for properly conveying such discharge, free of debris,
in a manner acceptable to the City Engineer. Any deviation from these
requirements shall be subject to City Engineer review and approval. Every
proposed drainage system shall be placed within its proper easement and
appropriately dedicated.
The base of all slopes over ten feet in height located within 20 feet of a street
section or which are adjacent to another lot shall be provided with toe drains or
other drainage devices approved by the City Engineer, in order to prevent water,
mud or debris from damaging or flowing onto such streets or lots. (PW)
___ 48. Trash Enclosure and Waste Management. Prior to issuance of a grading permit
applicant shall submit plans and details showing enclosed and covered (Solid
Roof) trash and waste management areas/bins. Trash enclosure space shall
accommodate refuse, recycling, and organic waste collection containers and
meet requirements per CalRecycle AB 1826 SB 1383, and CalGreen Building
Code Chapter 5, Section 5.410. Trash enclosures shall have a drain connected
directly to the sanitary sewer system.
Trash and waste and asbestos management plans shall be approved by the
Public Work’s Department, Solid Waste and Recycling Division. Applicant shall
also provide a written approval letter from CR&R for trash and waste and
asbestos management areas and haul off plans. Sufficient access shall be
provided to allow solid waste handling truck access and turning radii. (PW)
___ 49. Connection to Public Drains must be Documented and Filed. The applicant shall
demonstrate to the satisfaction of the City Engineer that any proposed
connections to an existing public drainage system, from on-site drains, must be
approved by the City Engineer and Orange County Flood Control District (as
applicable). All documentation and revisions to existing plans, where points of
connections are permitted, shall be provided and submitted by the applicant's
engineer at applicant's expense, prior to acceptance to improvements and
release of performance securities. (PW)
___ 50. Recycling/Reduce Debris Act of 1989 (CIWMA). The applicant shall submit to
the City Engineer for review, and shall obtain approval of, a program complying
with the requirements of the California Integrated Waste Management Act of
1989 to reduce construction and demolition debris through recycling. (PW)
___ 51. Soils/Geology. The applicant shall submit to the City Engineer and Building
Official for their review, and shall obtain approval of, a Soils
Report/Geotechnical Feasibility Study prepared by a Registered Geologist and
Soils Engineer to determine the seismic safety and soils stability of all proposed
development improvements for the project and any affected adjacent properties
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and to provide preliminary pavement sections and substructure bedding/backfill
recommendations. (DSD & PW)
___ 52. Mitigation of Drainage and Grading Problems. The applicant shall adhere to the
following conditions during the entire grading and construction operation: (PW)
a. If any drainage problem is anticipated or occurs during construction, the
applicant shall provide and implement a solution acceptable to the City
Engineer, at no cost to the City, and shall submit a recorded instrument to
insure the durability of the solution.
b. Any grading work beyond the limits of grading shown on the approved grading
plans shall require a written approval from the City Engineer and shall be
subject to a supplemental Geotechnical Soils Report and additional fees.
___ 53. Stormwater Management/Drainage Plan, Hydraulic/Hydrologic Calculations.
The applicant shall submit a Drainage Plan which includes the Hydraulic
/Hydrology calculations as prepared by a California State Registered Civil
Engineer to the City Engineer for review and approval. The Drainage Plan shall
show existing and proposed facilities, provide for acceptance of historic
drainage from adjacent upstream properties, show hydraulic and hydrology
studies and calculations and the methods of draining on-site and tributary areas
without exceeding the capacity of any impacted street or facility and without
affecting existing downstream drainage system. Said study shall be consistent
with the City's Master Drainage Plan and in accordance with all applicable City
regulations, Orange County Hydrology and Orange County Public Works design
criteria and requirements. (PW)
___ 54. Construction Phasing and Mitigation Program. The applicant shall prepare and
adhere to a Construction Phasing and Mitigation program, approved by the
Development Services Director and Building Official containing, but not limited
to, the following controls: (PW & DSD)
a. Grading:
1. Comply with California Code of Regulations Title 8 Section 1529.
Asbestos, for removal and disposal of existing waterline on the site. (UD)
2. Haul route for the movement of on and off-site of heavy earth-moving
equipment.
3. Location of assembly and storage/service areas for heavy earth-moving
equipment and limits of hours of operation.
4. Control of worker access to site, including hours of work, limits on noise
sources, and dust and soil import/export.
5. Compliance with environmental mitigation measures, including stockpiles
and dust impacts.
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Paseo Adelanto Mixed Use Project Page 13 of 18
6. A schedule and the method of performing the grading, stockpiling and
construction of all improvements in each phase.
b. Enforcement:
1. The Development Services Director and City Engineer may modify the
Construction Phasing and Mitigation Program as they deem necessary if
on-site observations indicate that construction activities are creating a
nuisance to adjacent property.
2. The applicant shall hire a project enforcement person approved by the
City Engineer to ensure compliance with the Construction Phasing and
Mitigation Program.
3. Violation of the City-approved “Construction Phasing and Mitigation
Program” shall be subject to enforcement action pursuant to Section 9-
1.201, Violations and Penalties of the Title 9, Land Use Code.
___ 55. Design of Water Facilities. The applicant shall design all domestic and non-
domestic water facilities in compliance with SMWD water standard
specifications. If a water improvement phasing plan is to be implemented, the
phasing plan shall be submitted with the improvement plans to the SMWD for
review and approval. (SMWD)
___ 56. Property Transfer: Developer shall prepare meets and bounds description for
1.2 acre site for residential development, and execute all documents to obtain
ownership of the eastern portion of APN 668-101-23 as depicted in the
approved plans. Development and Disposition Agreement and the acquired
property documents shall be incorporated into the project’s grading plan. (PW)
___ 57. Prior to submittal into Building Permit Plan Check, the Applicant shall submit
electronic and hard copies of all documents listed on the “Plan Check Submittal
Requirements” form located at the Building and Planning Counter. This includes
and is not limited to: a Geotechnical report with wet ink signatures (report or
addendum letter cannot be over one (1) year old), Hydrology and Hydraulic
analyses/report, retaining wall calculations, a Storm Water Pollution Prevention
Plan (SWPPP) to mitigate erosion and sediment from leaving the site during
construction activities, Erosion and Sediment Control Plans (ESCP) including
backup calculations and data, and an engineer’s cost estimate for grading
activities (including retaining walls), erosion/sediment control BMPs, and any
off-site improvements.
___ 58. Prior to submittal into Building Permit Plan Check, the Applicant shall
incorporate hydraulic analysis for any natural drainage courses and/or stream
embankments where applicable. Applicant shall match peak runoff rates for the
25-year and 100-year storm events.
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Paseo Adelanto Mixed Use Project Page 14 of 18
___ 59. Prior to submittal into Building Permit Plan Check, the Applicant shall submit a
Final Water Quality Management Plan, if required.
___ 60. Prior to submittal into Building Permit Plan Check, the Applicant shall utilize City
Standard sheet layout and Standard notes, as applicable.
___ 61. Prior to submittal into Building Permit Plan Check, the Applicant shall
incorporate profiles to show adequate vehicle clearance at driveway locations
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY BUILDING PERMIT(S):
___ 62. Federal Emergency Management Agency (FEMA) Compliance. Prior to the
issuance of any Building Permits applicant shall receive approval from FEMA
for a Conditional Letter of Map Revision based on a Conditional Letter of Map
Revision (CLOMR) and required per FEMA. Architectural and structural plans
shall be prepared in accordance with the most recent version of the City of San
Juan Capistrano Floodplain Management regulations, all NFIP and FEMA
floodplain requirements, and FEMA Title 44 Chapter I Part 60 requirements
including but not limited to Subparagraphs 60.3(c)(3)(ii) and 60.3(c)(4) of the
NFIP regulations. (PW)
___ 63. Development Plans. The applicant shall submit development plans to the
Development Services Director for City review and approval. Plans to be
reviewed shall be as applicable to the particular development ph ase under
review and, in general, shall include grading plans (unless previously approved
by the City), final site and landscape plans, park plans (if applicable to the
development phase), architectural elevations, wall/fence plans, sample material
boards, and other plans as specified by the Development Services Director.
Final plans shall be in substantial compliance with preliminary plans approved
as part of the development review process. (DSD)
___ 64. Utility Screening. Ground mounted utility boxes shall be located within
underground vaults or screened from visibility with landscaping.
___ 65. North Boundary Wall/Fence. A wall or solid fence will be provided along the
north property line from residential building to property line shared with railroad.
___ 66. City Hall Roof Height: Roof and parapet height will be increased to
accommodate roof mounted mechanical equipment, if necessary, once
equipment is selected and solar panel layout is finalized.
___ 67. City Hall Pedestrian Walkway. A more pronounced and landscaped pedestrian
walkway will be added between the west parking lot and the City Hall courtyard
if possible.
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Paseo Adelanto Mixed Use Project Page 15 of 18
___ 68. Lighting Plan. A lighting plan shall be submitted for review and approval by staff
to ensure compliance with the exterior lighting standards of Municipal Code
Section 9-3.529.
___ 69. OCFA Review. Prior to the issuance of a building permit, the Applicant shall
obtain OCFA approval of a fire master plan (service code PR145), architectural
A-2 Occupancy plan (service codes PR204), and underground piping for fire
sprinkler systems (service code PR470). (OCFA)
___ 70. Aerial Laddering. Provide an elevation view exhibit to demonstrate the aerial
laddering angle from a fire truck staging area to the northwest roof area of the
residential structure. The staging area may be located on the north, south, or
west side. Based on the fire lanes shown on Sheet A1.1, there does not appear
to be location along a fire lane that would allow a ladder to be extended from a
fire truck to that portion of the roof. The fire lane may need to be extended to a
location closer to that area of the building. CFC 503.2.2. (OCFA)
___ 71. Construction Type. (OCFA)
a. Provide the construction type of all buildings.
b. Plans indicate that Type V construction will be uses. Clarify if the proposed
construction type is Type V-A or Type V-B.
___ 72. SMWD general requirements for developer:
a. Prepare and submit all improvements development project construction
plans involving DW and sewer facilities on 22” x 34” paper size. Also
provide in pdf format for SMWD review.
b. Submit previous red line and other SMWD review comments with revised
plan submissions, otherwise resubmittal items will not be accepted for
review and/or returned.
c. For questions related to DW, sewer and RW improvement requirements for
this project contact: Mr. Jaime Aguilar at jaimea@smwd.com (949-459-
6582) or Ms. Catherine Aamodt at catherinea@smwd.com (949-459-6505).
___ 73. Roof Mounted Equipment. The project plans shall demonstrate that all roof-
mounted mechanical equipment and/or duct work which projects above the roof
or roof parapet of the building shall be screened. (DSD)
___ 74. Capistrano Circulation Fee Program (CCFP). Except as otherwise set out in
accordance with a schedule in the Disposition and Development Agreement to
be executed in conjunction with City approval, the applicant shall pay fees, in
the amount prescribed by the City Council at the time of issuance, as required
by the CCFP, at issuance of each building permit. (PW)
___ 75. Completion of Water Facilities. Prior to issuance of building permits for each
building phase, the applicant shall complete the construction of all domestic and
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Paseo Adelanto Mixed Use Project Page 16 of 18
non-domestic water (irrigation) facilities as indicated and required to serve the
subject project in compliance with the City Municipal Code and the SMWD water
standards, and American Water Works Association Standards. Any exception
to, or deviation from this condition shall be subject to review and approval by
SMWD. (SMWD)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
THE SPECIFIED CERTIFICATE(S) OF OCCUPANCY:
___ 76. Affordable Housing Requirement. The applicant shall meet the General Plan
Housing Element’s affordable housing requirement by prior to the issuance of
the building permit, providing for the development 49-units, and no less than
10% of the total number of units as affordable housing units subject to a City-
approved and recorded Affordability Agreement, restricting the rental of such
units to qualifying “low income” and/or “very-low income” households for a
period of not less than thirty years. The applicant shall be responsible for
securing the required planning application approvals for the development of
such affordable housing, and shall secure the required building permits prior to
the issuance of the 1st building permit for any market rate housing units, and
shall complete construction and secure all "Certificates of Occupancy" for the
affordable housing units prior to the issuance of any "Certificates of Occupancy"
for the market rate units. (DSD)
___ 77. Affordability Covenant. An affordability covenant in a form approved by the City
Attorney shall be recorded against the property reflecting the provisions and
terms of affordability as drafted in the affordability agreement for the project
before the issuance of any Certificate of Occupancy.
___ 78. Monumentation. The applicant's surveyor shall set monuments related to the
subject property(ies) and re-establish any damaged or destroyed
monumentation during construction. Monumentation, street centerline ties and
appropriate corner records shall be submitted to the City Engineer and filed with
the County Surveyor in compliance with AB 1414 and Sec. 8771 of the Business
and Professions Code. (PW)
___ 79. Completion of All Improvements to the City's Satisfaction. Prior to issuance of a
certificate of occupancy or prior to acceptance of the Works of Improvements
and release of the performance and labor and materials securities by the City,
whichever occurs first, the applicant shall complete, to the satisfaction of the
City Engineer, all improvements and related plans required of this development
and necessary to serve the development, including any required off-site
improvements, in accordance with the City approved Construction Phasing and
Mitigation Program, the approved Improvement Plans, and approved
exceptions, and at the sole cost of applicant. (PW)
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Paseo Adelanto Mixed Use Project Page 17 of 18
___ 80. Installation of Landscaping and Irrigation System. The applicant shall submit a
letter to the Development Services Director, signed by a Registered Landscape
Architect, stating that all materials for all landscaped areas have been installed in
accordance with the approved plans, and shall demonstrate to the satisfaction of
the Development Services Director that all landscaped areas have been
landscaped per the a pproved landscape and irrigation plans. The applicant
shall provide as-built landscape and irrigation plans that identify all deltas
(changes) to the Development Services Department. (DSD)
___ 81. Prior to concealing interior construction, the Applicant shall obtain OCFA
approval of a sprinkler monitoring system (service code PR500), a fire sprinkler
system (service code PR 420-425), a hood and duct extinguishing system
(service code PR335), and a C02 leak detection (service code 350) if greater
than 100 pounds of liquid C02 is used for beverage dispensing. (OCFA)
___ 82. OCFA Inspection. Prior to issuance of temporary or final certificate of
occupancy, all OCFA inspections shall be completed to the satisfaction of the
OCFA inspector and be in substantial compliance with codes and standards
applicable to the project and commensurate with the type of occupancy
(temporary or final) requested. Inspections shall be scheduled at least five days
in advance by calling OCFA Inspection Scheduling at 714-573-6150. (OCFA)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE
OF IMPROVEMENTS AND RELEASE OF SURETY/PERFORMANCE SECURITIES:
___ 83. Provide “Record Drawing”/”As-Built” Mylars.
a. The applicant shall submit Record Drawings of all on-site and off-site
improvements to the City Engineer for review and obtain approval for the
reproducible “Record Drawing”/‘As-Built” mylar plans that call out any
deviations from the approved signed plans of all the improvement works
constructed and completed. Said “Record Drawings”/’As-Built” mylar plans
shall be prepared by a California State Registered Civil Engineer. Also, the
applicant shall submit digital copies of all Record Drawings, at no cost to
the City, in accordance with the latest edition of the "City of San Juan
Capistrano Digital Submission Standards". (PW)
b. Submit developer engineering consultant signed mylars of public DW and
sewer plans to SMWD for Chief Engineer approval. SMWD approved public
DW and sewer drawing mylars will be returned to the engineering consultant
for preparation of printed construction plan and specification copies.
Provide CAD files of plans to SMWD. (SMWD)
___ 84. Private fire hydrants within the development shall be painted in RED color.
(OCFA)
Responsible Departments/Agencies: DSD: Development Services Department
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Paseo Adelanto Mixed Use Project Page 18 of 18
PW: Public Works Department
SMWD: Santa Margarita Water District
OCFA: Orange County Fire Authority