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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