PC Resolution-21-08-11-01PC RESOLUTION NO. 21-08-11-01
ADMINISTRATIVE APPROVAL (AA) 21-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA GRANTING RETROACTIVE ADMINISTRATIVE
APPROVAL (AA) 21-001, FOR A NEW VINYL EQUESTRIAN STYLE FENCE AND
LANDSCAPING LOCATED ON THE SAN JUAN HILLS GOLF CLUB PROPERTY (APN
666-321-03) (APPLICANT: PHILLIP SCHWARTZE).
Whereas, Phillip Schwartze, 6431 Lago Grande, Bonsall, CA 92003 (the
"Applicant") has requested approval of AA 21-001 for the installation of a new vinyl
equestrian style fencing to replace previously installed chain link fencing, along with new
landscaping, on the Golf Club's western property line, adjacent to Avenida Larga
(Assessor Parcel Number 666-321-03) (the "Property"), which is designated in the
General Plan and on the Official Zoning Map as Open Space Recreation (OSR) (the
"Project"); and,
Whereas, San Juan Hills Golf Club, LP. is the owner of the Property; and,
Whereas, from December 2020 to January 2021, the Applicant constructed
the Project, consisting of approximately 500 linear feet of 6'-high chain link fencing with
two man-gates along the street frontage of parcel 666-321-03, adjacent to Avenida Larga.
The Project also includes landscaping in the form of 12 olive trees spaced 15 to 20 feet
apart behind the fence; and,
Whereas, after the Project had been completed, Applicant submitted an
application for land use entitlement, to be processed by the City pursuant to Section 9-
2.301 of the Land Use Code; and,
Whereas, pursuant to section 21067 of the Public Resources Code, and,
section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.),
the City of San Juan Capistrano is the lead agency for the proposed Project; and,
Whereas, the Environmental Administrator has determined that the project
qualifies for a categorical exemption per Section 15301 of Title 14 of the California Code
of Regulations (the "CEQA Guidelines"), Class 1, Existing Facilities, because the project
involves minor exterior alterations within a golf course with no expansion of the existing
use; and
Whereas, the Planning Commission conducted a duly-noticed public
hearing on June 8, 2021 pursuant to Title 9, Land Use Code, Section 9-2.302 and City
Council Policy 5 to consider public testimony on the proposed Project and has considered
all relevant public comments; and,
Whereas, the Planning Commission continued the item on June 8, 2021 to
the June 23, 2021 meeting, further continued on June 23, 2021 to the July 28, 2021
meeting and then on July 28, 2021 continued to the August 11, 2021 meeting; and,
PC Resolution 21-08-11-01 2 August 11. 2021
Whereas, the Planning Commission conducted a public meeting on August
11, 2021 pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5
to consider public testimony on the proposed Project and has considered all relevant
public comments; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings as established
by Section 9-2.303(a)(4) Administrative Approvals, of Title 9, Land Use Code of the City
of San Juan Capistrano:
1. The proposed project does not change the use, intensity, or density of the project
because the project involves a new fence with gates and trees on an existing golf
course. The fence would not alter the golf course use of the property and would not
affect the intensity or density of the golf course. Therefore, the proposed project is a
minor modification that would not result in a change of use, intensity, or density of the
project.
2. The proposed project does not result in new or additional environmental impacts
pursuant to California Environmental Quality Act (CEQA) because the project is
exempt from environmental review per Section 15301, Class 1, Existing Facilities, of
the CEQA Guidelines in that the project involves minor alterations to an existing golf
course with no expansion of the existing use.
3. The project does not deviate from applicable Code requirements as the proposed
fencing is consistent with the Land Use Code and development standards established
by the Open Space Recreation (OSR) Zoning District. The project involves minor
exterior alterations to an existing golf course that would not result in deviation from
applicable Code requirements including required parking, required setbacks, lot
coverage limitations, etc. as the proposed project does not involve an increase in floor
area that results in an increased parking requirement or impact other development
standards as dictated in the Land Use Code. Furthermore, the fencing is consistent
with Land Use Code Section 9-3.517 which regulates fences.
4. The project is consistent with the City's design guidelines and the character of the
existing development or approval with respect to architectural style, colors, materials,
massing, scale, landscaping, lighting, and other design features, provided that
additional landscaping is added between the fence and the adjacent San Juan Hills
East residential community. The entirety of the San Juan Hills East neighborhood is
separated from the adjacent Golf Club by a landscape buffer. The landscape buffer is
composed of trees and shrubs which visually screen the golf course from the adjoining
neighborhood and act as a barrier between the golf course and adjacent residents.
For some unknown reason, the existing landscape buffer does not extend to San Juan
Creek Road along Avenida Larga. The fencing is consistent with other design features
of the area, providing an open fence style that will delineate the golf course from the
San Juan Hills East residential community.
PC Resolution 21-08-11-01 3 August 11 , 2021
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Administrative Approval
{AA) 21-001 subject to those conditions of approval established by Exhibit A attached
hereto and incorporated herein.
EFFECTIVE DATE AND FINAL APPROVAL. This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall commence the day following approval of
the Administrative Approval (AA) 21-001 associated with this Project by the Planning
Commission, if such approval is given by the Planning Commission in its discretion. The
Project approval shall be valid for a period of one year from the date of approval of {AA)
21-001 unless a time extension request or building permit application related to this
discretionary approval is submitted to the City prior to that date.
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 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.
PASSED, APPROVED AND ADOP D this 11 1h day of August, 2021 .
Harris
Sergio otz, AICP, Assistant Development
Services Director/Secretary