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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