PC Resolution-22-01-26-02PC RESOLUTION NO. 22-01-26-02
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
PC Resolution 22-01-26-02 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 U)(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 22-01-26-02 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 Resolutfon 22-01-26-02 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 22-01-26-02 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 22-01-26-02 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 22-01-26-02 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 22-01-26-0_2 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 22-01-26-02 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 22-01-26-02 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 22-01-26-02 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 Reso lution 22-01 -26-02 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 22-01-26-02 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 -26-02 14 January 26, 2022
PASSED, APPROVED AND ADOPTED this 26th day of January, 2022.
Harrison c! o , Cha
Sergio Klotz ~! Development Services
Director/Secretary