PC Resolution-22-01-26-03PC RESOLUTION NO. 22-01-26-03
ARCHITECTURAL CONTROL (AC) 21-012
CONDITIONAL USE PERMIT (CUP) 21-003
GRADING PLAN MODIFICATION (GPM) 21-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING ARCHITECTURAL CONTROL (AC) 21-012,
CONDITIONAL USE PERMIT (CUP) 21-003 AND RELATED EXCEPTION TO
LIGHTING STANDARDS, AND GRADING PLAN MODIFICATION (GPM) 21-011,
RELATED TO A REQUEST TO CONSTRUCT THREE SAND VOLLEYBALL
COURTS, WITH OUTDOOR RECREATIONAL LIGHTING AND ASSOCIATED SITE
GRADING AND RETAINING WALLS, WITHIN THE SOUTHWESTERN PORTION OF
THE FAIRMONT SCHOOLS CAMPUS, LOCATED ON TWO ADJOINING PARCELS
ADDRESSED AS 26333 050 ROAD (ASSESSOR PARCEL NUMBERS 121-070-67
& 121-070-68) (APPLICANT: ERIC VIADO, BRIGHTVIEW DESIGN GROUP)
Whereas, Eric Viado with BrightView Design Group, 8 Hughes, Suite 150,
Irvine, CA 92618 (the "Applicant"), has requested approval of Architectural Control (AC)
21-012, Conditional Use Permit (CUP) 21-003 and related exception to lighting
standards, and Grading Plan Modification (GPM) 21-011 to allow for the construction of
three sand volleyball courts, with outdoor recreational lighting and associated site
grading and retaining walls, within the southwestern portion of the Fairmont Schools
campus, located on two adjoining parcels addressed as 26333 Oso Road (Assessor
Parcel Numbers 121-070-67 & 121-070-68) (the "Project"). The Project site occupies
land area within the two parcels that have both Zoning designations and General Plan
Land Use Designations of Public & Institutional; and,
Whereas, J7 SJC LLC, 1575 West Mable Street, Anaheim, CA 92802, are
the owners of the real property located at Assessor Parcel Numbers 121-070-67 and
121-070-68; and,
Whereas, the City's Environmental Administrator has determined that the
Project is categorically exempt from further review under the California Environmental
Quality Act Guidelines 14 California Code of Regulations Section 15303, New
Construction or Conversion of Small Structures (Class 3), which exempts construction
and location of limited number of new, small facilities or structures, installation of small
new equipment facilities in small structures, and the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure. The entire Project is exempt per Section 15303 because the
Project meets the required conditions for Class 3, as it involves the construction of three
sand volleyball courts, with outdoor recreational lighting and associated site grading and
retaining walls within the southwestern portion of the Fairmont Schools campus.
Further, no exceptions to the exemption apply because there would not be any potential
significant effects on the environment due to unusual circumstances. If the Project
PC Resolution 22-01-26-03 2 January 26, 2022
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 and 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, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby find that the entire project is
Categorically Exempt from further review under the California Environmental Quality Act
per State CEQA Guidelines Section 15303, New Construction or Conversion of Small
Structures (Class 3), which exempts construction and location of limited number of new,
small facilities or structures, installation of small new equipment facilities in small
structures, and the conversion of existing small structures from one use to another
where only minor modifications are made in the exterior of the structure. The entire
Project is exempt per Section 15303 because the Project meets the required conditions
for Class 3, as it involves the construction of three sand volleyball courts, with outdoor
recreational lighting and associated site grading and retaining walls within the
southwestern portion of the Fairmont Schools campus. Further, no exceptions to the
exemption apply because there would not be any potential significant effects on the
environment due to unusual circumstances.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make 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) 21-012 under
Municipal Code Section 9-2.313(a)(3), subject to the conditions of approval identified in
Exhibit A attached to this Resolution and incorporated herein by reference:
1. The proposed use of the Project complies with all applicable
provisions of Title 9 of the San Juan Municipal Code because an
outdoor recreational facility is allowable as an accessory use to the
principal educational use within the Public & Institutional zoning
district. The outdoor night lighting of the recreational facility is
subject to the approval of a Conditional Use Permit, specifically
Conditional Use Permit 21-003. Lastly, the proposed use and
design of the project complies with all applicable provisions of Title
9 of the San Juan Municipal Code as the project meets all
PC Resolution 22-01-26-03 3 January 26 , 2022
applicable development and zoning standards. There is no
applicable specific plan or comprehensive development plan for this
property.
2. The proposed use and design of the Project is consistent with the
goals, policies and objectives of the General Plan because the
Public & Institutional land use designation allows for school uses,
and the Project consists of an outdoor recreational facility that
would serve an existing school use. The proposed use is located
within an area consisting of compatible land uses, such as
residential and other educational facilities. The Project would also
be consistent with the following policies of the Community Design
Element:
• Community Design Element Policy 1. 1 Preserve significant
amounts of land and important natural features for open space.
The Project is consistent with this policy because the proposed
outdoor recreational facility would not be located within the area
of the site designated as General Open Space, thereby
preserving that significant land area and any important natural
features; and
• Community Design Element Policy 3. 1 Limit development of
important natural characteristics such as ridgelines, unique
hillside features and creeks. The Project is consistent with this
policy as the proposed outdoor recreational facility would not
impact any ridgelines, hillside features, or creeks.
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,
because the project would not result in creating non-conformities or
conflict with Code requirements with respect to setbacks, parking,
access, or other features as all development standards are being
met.
4. The character, scale, and quality of the site design and landscaping
are consistent with the adopted Architectural Design Guidelines of
the City because the Project would be consistent with the following
Architectural Design Guidelines design principles and polices
applicable to the proposed Project:
• Design Issue/Principle 4: Dialogue with Surroundings. The siting
and design of the outdoor recreational facility considered the
surroundings. Due to the setback of the Project and the existing
and proposed landscaping located adjacent to Oso Road and
PC Resolution 22-01-26-03 4 January 26, 2022
the Trabuco Creek Trail, there would be no significant visual
impact from public rights-of-way.
• Design Issue/Principal 7: Relationship to Natural Settings. The
siting and design of the outdoor recreational facility is such that
is does not impact any views, vistas, community landmarks, or
cultural features.
• Design Issue/Principal 9: Incremental Growth. The Project
proposes to construct an outdoor recreational facility that would
be utilized by students of the existing school use and which
would not result in an increase in enrollment.
• Policy 4.C.14 Lighting. The proposed outdoor recreational would
comply with the requirements of Table 3-27, Outdoor Recreation
Lighting, of Land Use Code Section 9-3.529. Furthermore, the
design of the light fixtures and their structural supports are
architecturally compatible with the theme of the development.
• Policy 4.E.1 Landscape Guidelines. The Project landscaping
would incorporate California Friendly and California Native plant
species. The landscape design would contribute towards
achieving an overall cohesive appearance and compatibility to
its surroundings.
5. The Project would not impact the existing functional and safe
vehicular, bicycle, and pedestrian access and circulation because
the Project would not modify access or 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 because
the Project consists of an accessory use, an outdoor recreational
facility, that would serve an existing school use which has
demonstrated compatibility with surrounding land uses.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings pursuant to Municipal Code Section 9-2.317 of Title 9, Land Use Code of the
City of San Juan Capistrano with respect to Conditional Use Permit (CUP) 21-003 to
establish the outdoor night lighting for the recreational use under Municipal Code
Section 9-3.307(b)(2), subject to the conditions of approval identified in Exhibit A
attached to this Resolution and incorporated herein by reference:
1. The proposed use is consistent with the maps and policies of the
General Plan, because the Public & Institutional land use
designation allows for school uses, and the Project consists of an
outdoor recreational facility that would serve an existing school use.
The proposed use is located within an area consisting of
compatible land uses, such as residential and other educational
PC Resolution 22-01-26-03 5 January 26, 2022
facilities. Therefore, the proposed use is determined to be
consistent with the General Plan.
2. The proposed use and design are consistent with the purpose,
intent, and standards of the Land Use Code because the Project
complies with all applicable provisions of Title 9 of the San Juan
Municipal Code as an outdoor recreational facility is allowable as
an accessory use to the principal educational use within the Public
& Institutional zoning district. Additionally, outdoor night lighting of
the recreational use is allowed subject to the approval of a
Conditional Use Permit in the Public & Institutional zoning district.
Lastly, the proposed use and design of the project complies with all
applicable provisions of Title 9 of the San Juan Municipal Code as
the project meets all applicable development and zoning standards.
There is no applicable specific plan or comprehensive development
plan for this property.
3. The site for the proposed use is adequate in size and shape to
accommodate all yards, open spaces, setbacks, walls and fences,
parking and loading areas, fire and building code considerations,
trash and recycling enclosures, and other features pertaining to the
application because the Project would not result in creating non-
conformities or conflict with Code requirements with respect to
setbacks, parking, access, or other features as all development
standards are being met.
4. The proposed use and the ongoing operation of the use are
compatible with abutting properties and the permitted uses thereof
and would not generate excessive light, noise, vibration, odors,
visual blight, traffic, or other disturbances, nuisances, or hazards
because, as conditioned, the use would be similar in nature to other
businesses operating in the vicinity and would keep similar hours of
operation to other businesses operating in the vicinity. Furthermore,
the outdoor night lighting associated with the Project is conditioned
to comply with the Outdoor Recreation Lighting requirements stated
within Municipal Code Section 9-3.529.
5. The site for the proposed use has adequate access and parking to
support the use. Access and parking for the Project would remain
unchanged from what was previously reviewed and approved for
expansion of the existing school use, specifically Architectural
Control (AC) 11-006.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings pursuant to Municipal Code Section 9-3.529 (e)(4) of Title 9, Land Use Code of
the City of San Juan Capistrano with respect to an exception to the lighting standards
PC Resolution 22-01-26-03 6 January 26. 2022
for Outdoor Recreation Lighting, subject to the conditions of approval identified in
Exhibit A attached to this Resolution and incorporated herein by reference:
A. The exception to allow for LED as a lighting source is consistent
with the intent and purpose of the lighting standards and it would
not adversely impact immediately adjacent properties as LED
lighting is more efficient and not as bright as metal halide lighting.
B. The exception is necessary to provide minimum lighting levels to
provide for the safety of the public as LED lighting is as efficient as
metal halide lighting and would not negatively impact the safety of
the public or circulation on the property.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make 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) 21-011 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 project
does not change the use, intensity, or density of the project, and
meets all established development standards for the Public &
Institutional zoning district. Additionally, the proposed Project
minimizes the use and height of retaining walls. 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 overall site
topography would not be significantly altered from the original
development.
3. The proposed grading would remain consistent and compatible with
immediately-adjacent lots or units, including, to the extent possible,
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. Given the site's topography, retaining walls are
proposed within the development, which would be softened and
screened with the use of landscaping, as conditioned.
PC Resolution 22-01-26-03 7 January 26, 2022
4. The proposed Project does not include the construction of a new
building; the Project would meet the general design standards,
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 and retaining walls would be softened and 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 hereby approves of Architectural
Control (AC) 21-012, Conditional Use Permit (CUP) 21-003 and related exception to
lighting standards, and Grading Plan Modification (GPM) 21-011, 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 -26-03 8 January 26, 2022
PASSED, APPROVED AND ADOPTED this 26th day of January, 2022.
Sergio Klotz, AICP, Assistant Development Services
Director/Secretary